Approved Minutes 6-3-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
• Wednesday, June 3, 1998 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Vice President Harris called the meeting to order at 3:35 p.m.
Present - 5 - Benanav, Blakey, Harris, Lantry, Reiter
Absent - 2 - Bostrom (excused), Coleman (arrived after roll call)
CONSENT AGENDA (Items 1 - 11)
Councilmember Benanav requested Item 8 be removed for discussion.
Councilmember Blakey requested Item 11 be removed for discussion.
Councilmember Coleman moved approval of the Consent Agenda as amended.
Yeas - 6 Nays - 0
FOR ACTION
• 1. Approval of minutes of April 8, and April 15, 1998.
Wr Adopted Yeas - 6 Nays - 0
2. Claims of Donavee Chappell, Marie Demitroff, Anthony Elliott, James & Laurie Hoffman, Denis J.
LaComb, Deborah Linsk, Patrick Lyttle, and Lorraine Olson.
Referred to the City Attorney's Office
3. Amended Summons and Complaint in the matter of The Schnitzer Site Group vs. the City of Saint
Paul, et al.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
June 10, 1998 to consider adverse action against cigarette license held by Parkway Liquors, Inc.,
301 Wheelock Parkway East.
5. Letter from the Real Estate Division recommending approval of the request of Ramsey County
Property Records and Revenue, Valuation Division, for reclassification of property located at 121
Bandana Boulevard East. (#AN-98-0121)
Adopted Yeas - 6 Nays - 0
• 6. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring 1171
Minnehaha Avenue West and 674 Wells Street as "nuisance properties" and setting date of
Legislative Hearings for June 16, 1998 and City Council Hearings for June 24, 1998.
June 3, 1998 City Council Summary Minutes Page 2
III7. Administrative Orders:
D001543 Amending the 1998 budget of various funds in the Department of Public Works.
D001544 Addition of$3,400.80 to the contract for Lafond-Grotto RSVP project.
D001545 Approving payment, not to exceed $15,000.00, for various costs associated with Winter
Carnival events.
D001547 Authorizing payment, not to exceed $400.00, to Events by Design, for lunches for a
Police Department "Graffiti Seminar" held on April 23, 1998.
D001548 Authorizing payment, not to exceed $2,500.00, to Wild Mountain Ski Area for services
provided to the Division of Parks and Recreation for the Family Day Ski Outing held
on February 15, 1998.
D001549 Authorizing payment, not to exceed $2,500.00, to Events by Design, for food service
for the outside agencies participating in the Police Department's "Street Safe Officer
Survival" course to be held in June.
Noted as on file in the City Clerk's Office
8. (Discussed after the consent agenda)
9. Resolution - 98-476 - Approving an amendment to the 1997-1998 collective bargaining agreement
between the City of Saint Paul and AFSCME-Legal to allow a job share arrangement for two
members of the City Attorney's Office staff. (To be laid over one week for adoption)
Laid over to June 10 for adoption
et / --___
L 6 Resolution - 98-477 - Waiving fees for Class B police permits and street barricades for
neighborhood block clubs conducting block parties to celebrate America's National Night Out.
Adopted Yeas - 6 Nays - 0
11. (Discussed after the consent agenda)
FOR DISCUSSION
8. Resolution - 98-475 - Approving the appointment of Michael S. Margulies, by Mayor Coleman, to
the Saint Paul Planning Commission.
Councilmember Benanav stated there are 21 members on the Saint Paul Planning Commission
which is more than any other City in the United States except for New York City. He feels there
is not a fair representation geographically and ethnically on the Commission noting, specifically,
that there are no African Americans on the Commission and there are no commissioners from
Ward 5.
Roger Curtis, Mayor's Office, appeared and stated his office is aware of the problem and they are
trying to do more recruiting. There was a resignation in Ward 5 and they will be looking for
someone from that ward. Chair Harris requested that Mr. Curtis provide a geographical
IIIrepresentation of the members.
June 3, 1998 City Council Summary Minutes Page 3
SCouncilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0
1. Resolution - 98-478 - Requesting the Director of the Department of Public Works to work with
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other City officials to establish boundaries for Residential Daily Hauling Districts and to create a
city-wide plan whereby collection of mixed municipal solid waste is conducted on a single day
each week that corresponds to the Residential Daily Hauling District specified by an ordinance
which will be considered by the Council.
Chair Harris stated this resolution mirrors what is in the ordinance and he suggested it be
discussed at the time of the public hearing on the ordinance.
Councilmember Blakey stated he will be meeting with the trash haulers association and if an
agreement is reached, there is no harm in passing the resolution.
Chair Harris stated the resolution asked staff to set up boundaries but the Council has not
determined whether there will be boundaries and he felt there should be a public hearing first.
Councilmember Blakey moved to lay over three weeks.
Laid over to June 24 Yeas - 6 Nays - 0
o `�2. Resolution - 98-447 - Executing a Lease Agreement between Prom Management Groupand the
k g g
,3 City of Saint Paul for the management and operation of the food service and equipment rental at
the Como Lakeside Pavilion. (Laid over from May 27)
Vic Wittgenstein, Division of Parks and Recreation, appeared, and indicated that a memorandum
was distributed to Councilmembers outlining the decision points which led them to decide to lease
out the pavilion. He noted that one of the biggest difficulties is hiring enough staff.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
V3. Resolution - 98-479 - Supporting the development of environmental standards for the construction,
maintenance and operation of City owned, operated or financed buildings.
Councilmember Blakey moved approval.
Chair Harris stated he was concerned about creating another level of bureaucracy with the passage
of this resolution. Councilmember Blakey responded that Council Research is doing studies of
what other cities have done and that this resolution is more of a statement of interest. Mr. Harris
stated he would like Gerry Strathman, Council Research Director, to work with the people setting
up the design center.
IIII Adopted Yeas - 6 Nays - 0
June 3, 1998 City Council Summary Minutes Page 4
• ORDINANCES
14. Final Adoption - 98-373 - An ordinance amending Chapter 361 of the Legislative Code to require
tow companies to verify the vehicle status prior to towing and to notify the last known owner of
the vehicle.
Sgt. Ballis, Police Department, appeared and stated many cars are towed which turn out to be
stolen vehicles and then it has to be determined who will pay the fees. This ordinance will make
that task easier.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
5. Final Adoption - 98-374 - An ordinance amending the Saint Paul Charter to provide for voting
requirements in case of abstentions for conflict of interest.
Phil Byrne, Assistant City Attorney, stated the Council will need the recommendation of the
Charter Commission before voting on this ordinance.
Councilmember Blakey moved to lay over two weeks.
Laid over to June 17 Yeas - 6 Nays - 0
.... 6. Final Adoption - 98-375 - An ordinance to regulate conflicts of interest for City officials and
employees who are offered, or leave the City for, private employment.
Councilmember Blakey stated he previously distributed an amendment which would require a City
employee to abstain from working on a project that involved the City and a new employer for a
six month period but he also is open to a one year time frame.
Tom Fabel, Deputy Mayor, appeared and stated this ordinance would discourage city government
employees from entering public employment if they had significant involvement in a project with a
private company or organization. It could also deprive the public from employing a good City
employee because of a partnership with the City. In trying to address those consequences, Mr.
Fabel said he researched the "Lawyers Rules of Professional Responsibilities." Rule 1.11
addresses the problem of successive government in private employment. In that rule there are two
safeguards which avoid the unintentional consequence which creates hardship for the person
moving from one side to another. Those concepts are: 1) There should be "substantial and
personal" involvement by the governing employee in order for the rule to kick in at all .
"Substantial and personal" mean they are susceptible of measurement. 2) Built into the Lawyer's
Rules is a waiver provision - the ability for the conflicted employer to look at the employment
request. It is important to have safety valves in the ordinance so that the Council would be in a
position to avoid the unintended consequence. In discussing the concept of a waiver with one of
the Councilmembers, Mr. Fabel said there were concerns about the amendment or the proposal as
it was before the Council the previous week because there were no standards for how a waiver
might be applied. Mr. Fabel drafted language that can be inserted in that amendment.
June 3, 1998 City Council Summary Minutes Page 5
• Councilmember Blakey stated he still has concerns about the word "substantial" because it is hard
to quantify. The waiver could be a political favoritism issue. Tom Fabel responded that one of
the good things about this ordinance is that it brings these dealings into the light of day and
requires disclosure. For the employee to come forward to the Council and explain why it would
not be a conflict of interest, why it will not injure the City, and why it is in the City's best interest
is protection against favoritism. Finally, the Council is in a position to evaluate this. The waiver
would only be granted if the Council were to fmd that the consent would neither injure the public
interest or impair the policy goals of the foregoing prohibition. The Council would look at the
situation and ask itself if it would be injurious to the public interest to allow a person to leave a
department and go with a company that is doing business with the City of Saint Paul.
Councilmember Coleman said if an employee is prohibited from going to another employer and
dealing with City issues, it does not address the appearance question. He felt the City employee
should not be employed by that company for one year. He noted that the ordinance does not have
an enforcement provision; the only thing that can be done right now is to cancel the contract.
Councilmember Benanav stated he prepared an amendment that would prohibit an employee from
working with that employer on any issue.
Councilmember Coleman moved a layover. Councilmember Blakey indicated that he had already
moved his amendment of one year.
ItCouncilmember Benanav moved approval of his two amendments. One amendment deals with
3A. The other amendment allows freer movement between governmental entities than between
public and private entities.
Councilmember Coleman moved approval of Tom Fabel's amendment.
No formal action was taken on the amendments and it was agreed to lay them over for further
review.
Councilmember Benanav moved a one week layover.
Laid over to June 10 Yeas - 6 Nays - 0
17. Final Adoption - 98-407 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code
to prohibit tobacco vending machines in facilities where minors are present and to establish an
administrative penalty to be imposed against the clerk at a licensed premise who sells tobacco or
tobacco products to a minor.
Councilmember Blakey stated that Saint Paul has done a good job of limiting the availability of
tobacco to minors; however, he felt that moving vending machines off of premises or building
another room for them was going too far.
• Councilmember Benanav asked if State Law still apply if this ordinance is not adopted. Robert
Kessler, Office of License, Inspections and Environmental Protection, appeared and responded
June 3, 1998 City Council Summary Minutes Page 6
• that it did. Phil Byrne, Assistant City Attorney, added that this ordinance makes City law
consistent with State law.
Councilmember Coleman moved approval.
Failed Yeas - 0 Nays - 6
8. Final Adoption - 98-408 - An ordinance finalizing City Council action taken April 1, 1998
approving a petition of Como Northtown Credit Union to rezone property located at 965/967
Churchill Street from RT-1 to B-2. (Public hearing was held April 1)
Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0
-9. Second Reading - 98-458 - An ordinance amending Chapter 402 of the Saint Paul Legislative
Code to delete an obsolete reference to another portion of the Code.
Laid over to June 10 for third reading/public hearing
' 20. Second Reading - 98-459 - An ordinance amending the Saint Paul Legislative Code Chapter
369.06; changing the expiration date on Building Trades Business Licenses from December 31 of
the year issued to December 1.
Laid over to June 10 for third reading/public hearing
IllW___
1. Second Reading - 98-460 - An ordinance to regulate fires, lighted coals and fuels on multi-unit
residential balconies and patios.
Laid over to June 10 for third reading/public hearing
42-2-.-
First Reading - 98-480 - An ordinance to regulate the collection of mixed municipal solid waste
from residential properties by (1) dividing the City into "Residential Daily Hauling Districts" and
(2) limiting the regular weekly collection of mixed municipal solid waste from those properties to
one day per week in each such district.
Laid over to June 10 for second reading
SUSPENSION ITEMS
Council ember Lantry moved for suspension of the rules and approval of the following resolution:
Resolution - 98-482a - Amending C.F. 98-424 accepting the generous contributions of Lawson
Software, Krause Anderson, Frauenshuh Company, Capital City Partnership, Media Rare,.
FirstStar Bank. and Allied Parking for refreshments, music, and a welcoming ceremony on June
9. 1998 to hail the commencement of the construction of Lawson Commons.
Adopted Yeas - 6 Nays - 0
•
June 3, 1998 City Council Summary Minutes Page 7
• Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
esolution - 98-483 - Requesting that the Mayor work with the Saint Paul State Legislative
Delegation, Governor Carlson, and the Minnesota Congressional Delegation to secure appropriate
assistance for storm-damaged areas, and to have a status report back to the City Council on June
17, 1998.
Councilmember Blakey stated it would be appropriate to have an update on the number of trees
that were lost and damaged and what the plans are for replacement of those trees.
Chair Harris stated a plan is being put together for reforestation. There were about 2,700 trees lost
during the storm and the number may grow when damaged trees are looked at the second time
around. About 1,700 of the 2.700 trees are on public property.
Adopted Yeas - 6 Nays - 0
The meeting was recessed at 4:43 p.m. and resumed at 5:30 p.m.
Present - 4 - Blakey, Harris, Lantry, Reiter
Absent - 3 Bostrom (excused), Coleman and Benanav (arrived shortly after roll call)
PUBLIC HEARINGS
3. Third Reading - 98-441 - An ordinance to amend Sec. 189.05 and Sec. 189.14(a) of the Saint Paul
Legislative Code adding status as a Heritage Preservation Site as a condition required to be
disclosed on the truth-in-housing disclosure report for single- and two-family dwellings, town
homes, condominiums and co-ops.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas - 4 Nays - 0
Laid over to June 10 for final adoption
(Bena av and Coleman arrived)
24. Resolution - 98-481 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 423 University Avenue West. (Laid over from May
27)
No one appeared in opposition; Councilmember Blakey moved approval and stated he was
informed that the tenant found a new residence.
Adopted Yeas - 6 Nays - 0
25. Final Order - 98-482 - In the matter of sidewalk reconstruction in various areas of Ward 2. (File
#S98006-S98023)
• Olivia Kafka, owner of 359 Winslow, appeared and stated new sidewalks were put in not too long
ago and she would like to see replacement of just the sidewalk leading to the street. Larry Lueth,
June 3, 1998 City Council Summary Minutes Page 8
• Department of Public Works, appeared and stated the outwalk will be replaced as it appears no
sidewalks in front of her home will be constructed but he said it would be re-checked.
Danny Lewis, 472 Hall Street, appeared questioned if the reconstruction includes his driveway
apron. Larry Lueth responded that it does.
Lois Auger, 167 Congress Street West, appeared and stated she did not feel that any of her
sidewalk required replacement. She also questioned the cost of the sidewalk.
Larry Zimmerman, 171 Congress Street West, appeared and questioned the work that will be done
around his property. Larry Lueth responded that three sidewalk panels will be replaced at 168
Congress. He noted that a tree has uprooted the sidewalk.
The property owner of 519 Winslow Avenue appeared and questioned why there would be
sidewalk replacement at his property as he felt it looked fine. Larry Lueth stated the sidewalk
work is separate from the paving work. When the paving is done, it is an opportune time to do
the sidewalk. With the paving, the boulevards are re-graded and re-sodded. He said the sidewalk
is scaling badly and the surface is coming off at this address.
James Robins, 375 Stryker, appeared and asked what work will be done. Mr. Lueth responded
two panels of sidewalk will be replaced and one tree on the Stryker St. side. There is no intent to
do anything on the Colorado side.
Councilmember Coleman asked about storm damage. Larry Lueth stated storm damage work
would not be assessed.
Councilmember Coleman moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
(167, 168, 171 West Congress Street, and 519 Winslow Avenue laid over to June 10)
26. Public hearing to consider the appeal of Alter Trading Corporation to a decision of the Planning
Commission denying a special condition use permit to allow a large metal shredder at 801 Barge
Channel Road.
Phil Byrne stated the only issue before the Council is whether the large metal shredder is
prohibited by the ordinance which bans them in Saint Paul and whether the Planning Commission
made any error in denying the appeal. The decision should be based on the law as it is now and
not as it was when the Alter Corporation first made its application. This matter is in litigation and
there will be a closed meeting to discuss it. Matters concerning the litigation should not be
discussed at this meeting, he said.
• Kady Dadlez, Department of Planning and Economic Development (PED), appeared and provided
a staff report. A negative declaration on the environmental assessment was made in March 1997
which means the determination for the assessment stated no environmental impact statement would
be needed. In March 1997 when that was done, no action could be taken because a moratorium
June 3, 1998 City Council Summary Minutes Page 9
• had been adopted by the City Council in the summer of 1996 prohibiting recycling process centers
pending the completion of a study and consideration of possible amendments to the zoning code in
the comprehensive plan. The Planning Commission undertook a study and recommended both
zoning code and land use amendments to prohibit large metal shredders and the City Council
adopted the Planning Commission's recommendations in December of 1997. Those
recommendations included a definition of large metal shredder and also prohibited that use in the
City. When those amendments were adopted in January 1998, the City sent a letter to Alter
asking whether they desired a public hearing on their special condition use permit application and,
in February, Alter replied they would like a public hearing. In April, the Zoning Committee held
a public hearing on the special condition use request and the Zoning Committee recommended
denial of the request. In May, Alter filed an appeal which was the issue before the Council on this
date.
John Gentzko, Vice President of Operations for Alter Trading Company, appeared and stated
Alter believes the Committee and the Commission should have applied the City Zoning Code as it
existed at the time Alter applied in 1995. Alter requested that the Council overturn the
Commission's decision and approve the application. Alter filed its application in July 1995 after
discussions with PED staff; staff determined that the project complied with City zoning and land
use regulations. Alter received numerous representations that the City would act "in the near
term." The City reneged on its prior commitment and enacted a moratorium which led to a zoning
code amendment, Mr. Gentzko said.
., Mr. Gentzko reviewed the communications that took place between Alter and the City since 1995.
Sherilyn Young, 71 W. Isabel Street #1, appeared on behalf of No Shams. Ms. Young
recommended that the Council uphold the denial. 1) the use is prohibited by the Saint Paul
Zoning Code. 2) The proposal does not satisfy the 5 general standards required to be met before
granting the special condition use permit. 3) Sixteen of the 19 district planning councils
recommended to the Council large metal shredders be prohibited.
Councilmember Coleman moved to close the public hearing.
Yeas - 6 Nays - 0
Councilmember Coleman moved to deny the appeal and adopt the findings of the Planning
Commission. Phil Byrne recommended the Council to support the motion.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 0
Councilmember Coleman moved to adjourn the meeting.
Yeas - 6 Nays - 0
•
June 3, 1998 City Council Summary Minutes Page 10
•
ADJOURNED`A/T 6:15 P.M.
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D niel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy An on
Assistant Council Secretary
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