Approved Minutes 3-4-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, March 4, 1998 - 3:30-5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Council President Bostrom called the meeting to order at 3:30 p.m.
Present- 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA
Councilmember Blakey requested a layover on Item 6, D001147, to March 11.
Councilmember Benanav requested Item 8 be removed for discussion.
Council President Harris moved approval of the Consent Agenda as amended.
Yeas- 7 Nays- 0
FOR ACTION
1 Approval of minutes of December 3, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Brandon Almich, Charles Bush, Jr., Gene Carlson, Heidi Kracht, Shari Lauren, Jeffrey
Lewis, Baoshan Shan, and Dean Wohihuter.
Referred to Employee/Risk Management Division
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on March 11, 1998 to consider the appeal of the Snelling Hamline
Community Council to a decision of the Planning Commission granting a sign variance at 326 North
Snelling Avenue.
4. Letter from the Real Estate Division announcing a public hearing before the City Council on March
11, 1998 to consider the release of a part of vacated Eighth Street in Swede Hollow Park to clear
title to a property.
5. Letter from Fire and Safety Services/Property Code Enforcement declaring 948 Forest Street as
"nuisance property." (For notification purposes only; public hearing will be scheduled at a later date
if necessary.)
6. Administrative Orders:
• D001446 Deduction of$2,829.20 from the contract for Como Park picnic grounds and parking
lot and site improvement.
Noted as on file in the City Clerk's Office
March 4, 1998 City Council Summary Minutes Page 2
• D001447 Amending the 1997 budget of the Housing and Redevelopment Authority Debt Service
Fund to reflect correction to object codes, increases in sales tax revenue and STAR
funds, and decrease due to interim funding not needed for Lawson project.
Laid over to March 11 Yeas - 7 Nays - 0
D001448 Amending the 1997 budget in the Department of Public Works in various funds.
D001449 Amending the 1998 budget in the Department of Fire and Safety Services by
transferring balances from capital projects to the Fire Station Remodel/Female Fire
Fighters project.
D001450 Amending the 1998 budget in the Department of Fire and Safety Services to provide
funding for the completion of the Fire Station Remodel/Female Fire Fighters project.
D001451 Authorizing payment of$346.13 to Key's Robert Street Cafe for costs incurred for a
joint conference of the Housing Code Enforcement Division and Fire and Safety
Services' Fire Prevention Division.
D001452 Amending the 1997 budget in the Office of Financial Services Fund 626 Citywide Data
Processing.
D001453 Amending the 1998 budget in the Office of Financial Services Fund 626 Citywide Data
Processing.
D001454 Amending the 1997 budget in the Department of Technology and Management Services
to cover deficit in salary expenditures.
D001455 Addition of$56,575.00 to the contract for women's toilet room and shower additions at
• fire stations#1, 5, 7, 17 & 20.
D001456 Amending the 1997 budget in the Office of Financial Services to reflect proper activity
codes.
Noted as on file in the City Clerk's Office
7. Resolution- 98-155 -Approving the appointment of Councilmember Jay Benanav to the Joint
Property Tax Committee.
Adopted Yeas - 7 Nays - 0
8. (Discussed after the consent agenda)
9. Resolution - 98-157 - Establishing the rate of pay for the "Benefits Specialist"position.
Adopted Yeas - 7 Nays - 0
10. Resolution - 98-158 - Establishing financing and spending plans for the donation of$20,000.00
received from St. Paul Firefighters Local 21 for a honor guard program and continued educational
purposes
Adopted Yeas - 7 Nays - 0
11. Resolution - 98-159 - Declaring the City's position on the design of the proposed reconstruction of
the I-35E Bridge over the Mississippi River.
Adopted Yeas - 7 Nays - 0
•
March 4, 1998 City Council Summary Minutes Page 3
• 12. Resolution- 98-160 - Transferring$13,900.00 from the General Fund to Citizen Services to help
offset potential costs incurred for the Ramsey County Fair.
Adopted Yeas - 7 Nays- 0
13. Resolution- 98-161 - Transferring general contingent reserve appropriation for expenditures related
to the funeral of Donald Juenemann and to purchase radio equipment to improve communications
capability for Housing Code Enforcement Inspectors.
Adopted Yeas - 7 Nays - 0
14. Preliminary Order- 98-162 - In the matter of condemning and taking of property rights as required
for the Phalen Village Public Improvements Project east of Johnson Parkway and south of Maryland
Avenue, and setting date of public hearing for April 29, 1998. (File #18871)
Adopted Yeas - 7 Nays- 0
8. Resolution- 98-156 - Establishing the rate of pay for the "Workers Compensation Claims
Administrator."
Councilmember Benanav asked if this is a net reduction of employees or a new position in Risk
Management. Mark Robertson, Office of Human Resources, appeared and responded that it is a
transfer of an existing position of someone who has left the City. This position is moving from the
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City Attorney's Office.
Councilmember Benanav moved approval.
Adopted Yeas- 7 Nays - 0
FOR DISCUSSION
The meeting was recessed and the Housing and Redevelopment Authority meeting was called to order for
consideration of the Consent Agenda. Present- 7 Absent - 0
The HRA meting was recessed and the City Council meeting resumed.
15. Report by Pam Wheelock, Department of Planning and Economic Development, on
recommendations and criteria for applying the Vendor Outreach program to the Department's
economic development programs, and the results of the initial application. (Per C.F. 97-1037
adopted August 27, 1997)
Councilmember Harris moved a layover to March 11.
Laid over to March 11 Yeas - 7 Nays - 0
•
March 4, 1998 City Council Summary Minutes Page 4
• 16. Report by Tyrone Terrill, Director of Human Rights, on an action plan to address housing
discrimination in the City of Saint Paul. (Laid over from February 11)
(Blakey left and returned during to presentation)
Tyrone Terrill reviewed his written report and went over the problem areas. Problem Area#1 -
Addresses ongoing outreach in the area of housing. Problem Area#2 - Department response to the
discrimination complaint in Highland Park conducted by the Minnesota Fair Housing Center. Many
times a test does not indicate that discrimination took place and until there is an investigation, it is
simply an allegation. Problem Area#3 - Lack of testing. This involves testing the situation by
trying to recreate the same scenario taking place. Problem Area#4 - Prevention and education.
Problem Area#5 - Rental application fees and trying to identify which areas are being charged.
Problem Area#6 - Enforcement Problem Area#7 - Provide legal services to complainants.
Problem Area#8 - Working with Councilmembers and meeting people in their wards.
Councilmember Lantry said the Council should not get too involved with the numbers. The City
may be accomplishing its goal without having a net increase in the number of complaints filed. Mr.
Terrill responded that initially there will be an increase and then it will level off and drop. Ms.
Lantry felt it was better to use the systems already in place instead of setting up another
bureaucracy.
Councilmember Coleman asked about the penalty. Mr. Terrill responded that the penalty depends
on what took place. Human Rights attempts to settle the case with the individual and take corrective
action with the property owner. Most people work hard not to violate the Human Rights ordinance,
he said.
Councilmember Reiter said he had a meeting with Tyrone Terrill and is satisfied with the job he is
doing.
Councilmember Lantry asked how many of the 21 complaints resulted in confirmed discrimination
after an investigation. Mr. Terrill responded that several cases are still open; therefore, he did not
have an answer but said he would provide Ms. Lantry with the information he does have.
Council President Bostrom asked if the information go to the City Attorney's Office for
recommendation as to civil or criminal charges. Tyrone Terrill responded that if there is a probable
cause and if conciliation fails, then it goes to the City Attorney's Office where it gets prepared for
the Saint Paul Human Rights Commission. There is a three panel hearing before an Administrative
Law Judge and then the case is decided by the Commission.
Councilmember Harris stated the Council needs to identify some things in the report, such as
educating people about where they can go when they have a complaint. Then, Mr. Terrill can return
to the Council with information as to what is being done. Mr. Harris said he would rather have the
City focus on a few specific things instead of focusing on everything.
•
March 4, 1998 City Council Summary Minutes Page 5
• Councilmember Blakey stated some money was appropriated for a fair housing attorney. Mr. Terrill
responded the attorney has not been hired yet. This person will be located in another office.
17. Resolution - 98-120 - Finalizing City Council action taken January 28, 1998 concerning adverse
action against licenses held by Billy's on Grand, 857 Grand Avenue. (Laid over from February 18)
Councilmember Coleman moved a one week layover as the parties are working out their problems.
Laid over to March 11 Yeas - 7 Nays - 0
18. Resolution- 98-128 - Approving Amendments to the STAR Program Guidelines for 1998. (Laid
over from February 18)
Councilmember Harris disseminated copies of his amendment and stated the STAR program is
working well.
Councilmember Coleman said it was his feeling that the current cycle of yearly grants is not
working.
Councilmember Benanav stated none of the loans seem to be urgent. Bob Hammer responded that it
is typical for an agreement to take three to six months to finish. Councilmember Coleman stated the
urgency lies in getting a guarantee that the money is going to come so that other money can be
assessed and everything can be put in place.
• Councilmember Blakey stated it makes sense to have a more open system.
Councilmember Reiter questioned Mr. Hammer as to how much of his time is spent with the STAR
Program. Mr. Hammer responded that presently it is about half of his time. However, once the
guidelines are up and running and the application process is made easier, it should not take as much
time. Mr. Reiter stated the STAR Program is basically a bank; it has $5 million in deposits, is open
one day a year, it had a 40% default rate last year, and a half-time employee is running the program.
Councilmember Lantry suggested the STAR system be done twice a year. Council President
Bostrom stated the present amendment offers an opportunity to try something different. If it does
not work out, it can be amended again.
Councilmember Harris moved approval of his amendment.
Adopted Yeas- 6 Nays - 1 (Coleman)
Councilmember Harris moved to accept the STAR Board's recommendation on the Seed Capital
Fund.
Adopted Yeas - 7 Nays - 0
Councilmember Harris moved approval of the resolution as amended.
Adopted as amended Yeas - 7 Nays - 0
• (Guidelines dated February 25 were adopted as amended)
March 4, 1998 City Council Summary Minutes Page 6
• 19. Resolution- 98-131 - Amending the spending and financing plans in the Department of Public
Works by $560,000.00 for the 1997 and 1998 Residential Street Paving Programs. (Laid over from
February 25)
Councilmember Harris moved approval and stated some of the 1997 projects were over the budget.
A portion of the money was from 1998 projects to pay for 1997 projects. Public Works agreed to
give the Council an update.
Adopted Yeas - 7 Nays - 0
20. Resolution- 98-154 - Authorizing special City Council meetings regarding housing policy. (Laid
over from February 25)
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
ORDINANCES
21. Final Adoption- 98-59 - An ordinance amending Section 4.04 of the Charter of the City of Saint
Paul that the City Council will not hold a meeting on the fifth Wednesday of any calendar month.
Councilmember Coleman moved approval.
Adopted Yeas- 7 Nays - 0
• 22. Final Adoption - 98-60 - An ordinance amending Section 15.03 of the Saint Paul Administrative
Code by deleting the requirement for a fifth City Council meeting in any month.
Councilmember Coleman moved approval.
Adopted Yeas- 7 Nays - 0
23. Final Adoption- 98-89 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
correct obsolete language.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
24. Final Adoption- 98-90 - An ordinance amending the definition section of Chapter 369 of the Saint
Paul Legislative Code.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
25. Final Adoption - 98-91 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code
correcting obsolete references and reducing the journeyman examination fees for trades other than
plumbers.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
March 4, 1998 City Council Summary Minutes Page 7
a26. Final Adoption - 98-92 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
clarify the distance restrictions between off-sale liquor establishments.
Councilmember Reiter moved approval.
Adopted Yeas- 7 Nays - 0
(The meeting was recessed from 5:00 to 5:33 p.m.)
Present.- 6 Absent - 1 (Harris was excused from the meeting at this time)
PUBLIC HEARINGS
27. Resolution- 98-142 - Approving application for a Malt Off Sale License by Town House Country
Inc., dba Town House, 1415 University Avenue West. (ID #0077104) (Laid over from February 25)
No one appeared in opposition. Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays- 0
28. Resolution- 98-163 - Approving application for a Liquor On Sale-Sunday License by
N M L Corporation, dba Moscow On The Hill, 371 Selby Avenue. (ID #0090805)
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas- 6 Nays- 0
29. Resolution- 98-164- Approving application for Restaurant(B), Liquor On Sale-Sunday, Liquor
On-Sale (B), Gambling Location (B) and Entertainment (A) Licenses by Sovis Inc., dba Tin Cups,
1220 Rice Street. (ID#19970000197)
No one appeared in opposition; Councilmember Reiter moved approval.
Adopted Yeas- 6 Nays- 0
30. Resolution- 98-165 - Concerning adverse action against licenses held by Debra Johnson, dba Sports
Break, 1199 Rice Street, for lapse in liquor liability insurance. (Uncontested)
Rachel Young, Assistant City Attorney, appeared and stated this is an uncontested hearing. The
recommendation of the Office of License, Inspections, and Environmental Protection(LIEP) is for
revocation of all licenses. The recommendation is based on the penalty matrix.
Jeff Raushnot appeared and stated the insurance policy was changed and there was an unintentional
mistake involved when he took over the business in November 1997.
Council President Bostrom noted that the discussion at this meeting involved the issues outlined and
if the facts of the matter are being questioned, it should be referred to an administrative law judge.
Councilmember Reiter moved to refer this matter to an administrative law judge.
Referred to an Administrative Law Judge for a hearing Yeas - 6 . Nays - 0
• 31. Resolution - 98-145 - Authorizing the vacation of 13th Street between Robert and Jackson Streets.
(Laid over from February 25)
March 4, 1998 City Council Summary Minutes Page 8
• Councilmember Coleman moved to introduce a substitute resolution and approval.
No one appeared in opposition.
Substitute introduced and adopted Yeas - 6 Nays - 0
32. Resolution- 98-166 - Approving modification to franchise agreement with the Port Authority for the
operation of Energy Park Utility.
Philip Byrne, Assistant City Attorney, noted corrections that were made to the resolution.
No one appeared in opposition.
Councilmember Benanav moved to close the public hearing and approval of the resolution as
amended.
Adopted as amended Yeas - 6 Nays - 0
33. Final Order - 98-167 - In the matter of condemnation and taking of perpetual easements for water
utility purposes in connection with the Jackson/Maryland"Low Service #2" relocation project near
Jackson Street and Maryland Avenue. (File#18864E)
No one appeared in opposition; Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Bakey moved to adjourn the meeting.
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ADJOURNED AT 5:45 P.M.
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Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anders a(k \c\ck$'
Assistant Counci Secretary
rn/mce
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