Approved Minutes 3-19-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, March 19, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 p.m. by Council President Thune.
Present - 6 - Councilmembers Blakey, Bostrom, Harris, Megard, Rettman, Thune
Vacancy - 1 - Ward 7 (Appointment was made to Ward 7 Seat [Gladys Morton] later in the meeting)
Councilmember Blakey congratulated Central High School for winning the state high school math
tournament.
CONSENT AGENDA
Councilmember Rettman requested Items 18 and 21 be removed for discussion.
Councilmember Blakey requested Item 16, D001166, be laid over to April 2.
Councilmember Harris moved approval of the Consent Agenda as amended.
Yeas - 6 Nays - 0
FOR ACTION
1. Claims of American Family Insurance Group (for Matthew Sund), John Garafola, Paul Hebert, Jason
Pielet, Danette Reis, Roy & Mary Trulsen, Jonathan White, Terrence Williams, and James Wilson.
Referred to Employee/Risk Management Division
2. Summons and Complaint in the matter of James Garland Winingham vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
3. Plaintiff's Voluntary Dismissal of Complaint in the matter of Patrick A. Carlone 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
April 2, 1997, to consider the renewal application for the taxicab driver's license held by Daniel R.
Breckman, 1057 Portland Avenue. (Uncontested)
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 9, 1997, concerning adverse action against cigarette license held by Salem Haddad & Assim
Abuhejleh, dba Kormann's Supermarket, 719 Burr Street. (Uncontested)
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 9, 1997, concerning adverse action against cigarette license held by Fleming Companies, Inc.,
dba Rainbow Foods, 892 Arcade Street. (Uncontested)
March 19, 1997, City Council Summary Minutes Page 2
7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 9, 1997, concerning adverse action against cigarette license held by Rice Street Super Meat
Market, Inc., 516 Rice Street. (Uncontested)
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 9, 1997, concerning adverse action against cigarette license held by Mary W. Fletcher, dba
Selby Avenue Superette, 1025 Selby Avenue. (Uncontested)
9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 9, 1997, concerning adverse action against cigarette license held by Bee & Mary Vang, dba
Super Minni Market, 1187 Minnehaha Avenue East. (Uncontested)
10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 9, 1997, concerning adverse action against cigarette license held by Unbank Co. II, 1098
University Avenue West. (Uncontested)
11. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 9, 1997, concerning adverse action against cigarette license held by Edward & Robert
Walfoort, dba Walfoort Liquors, 1100 Arcade Street. (Uncontested)
12. Letters from Saint Paul Public Health declaring 421 Blair Avenue, 908 Hague Avenue, and 1765
Iglehart Avenue as "nuisance properties" and setting date of Legislative Hearings for April 1, 1997,
and City Council Hearings for April 9, 1997.
13. Letter from the Real Estate Division announcing a public hearing before the City Council on April 9,
1997, to consider the vacation of a portion of Howard Street.
14. Letter from the Real Estate Division announcing a public hearing before the City Council on April 9,
1997, to consider a vacation to redevelop Block 2, Woodbury and Case's Addition, lying north of
Prescott Street and east of vacated Mt. Hope Street.
15. Communication from Saint Paul Animal Control dated March 10, 1997, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
16. Administrative Orders:
D001165 Amending the 1997 budget in the Police Department by transferring monies in the
General Fund Budget.
Noted as on file in the City Clerk's Office
D001166 Transferring $45,000.00 in CDBG funds to the 1997 Safe City Crime Prevention
program.
Laid over to April 2 Yeas - 6 Nays - 0
D001167 Amending the 1996 budget in the Department of Finance and Management Services
by transferring spending authority within the same fund but different activities.
March 19, 1997, City Council Summary Minutes Page 3
D001168 Authorizing payment, not to exceed $2500.00, to Nelson Cheese Factory for lunches
for eight two-day Police Department training courses "Street Safe/Officer Survival
for the 90's."
D001169 Authorizing payment, not to exceed $950.00, to Byerly's for refreshments for eight
two-day Police Department training courses "Street Safe/Officer Survival for the
90's."
D001170 Authorizing payment, not to exceed $300.00, to Nelson Cheese Factory for lunches
for a one-day Police Department"Graffiti Symposium."
D001171 Addition of$10,404.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
Noted as on file in the City Clerk's Office
17. Resolution- 97-242 - Approving the appointments of Steven N. McCarty and Paulette Sanders, and
the reappointments of Gail Chang Bohr, Gregory M. Donovan, Kent R. Furois, Jill Peterson, and
Bruce Weber, by Mayor Coleman, to the Hubert H. Humphrey Job Corps Center Neighborhood
Advisory Committee. (Laid over from March 12 for adoption)
Adopted Yeas - 6 Nays - 0
18. (Removed for discussion)
19. Resolution- 97-267 - Approving the addition of the following organizations to the 10% List of
Eligible Recipients: Eastside Midget Hockey, Front Booster Club, Hancock Booster Club,
McDonough Booster Club, Merriam Park Booster Club,North End Childrens' Special Activities
Club, St. Paul Science Fair Support Group, and Scheffer Booster Club.
Adopted Yeas - 6 Nays - 0
20. Resolution- 97-268 - Approving the Hazel Park Recreation Center Play Area renovation project
grant application.
Adopted Yeas - 6 Nays - 0
21. (Removed for discussion)
22. Resolution - 97-270 - Approving the sale of one surplus zoo animal and the donation of four surplus
zoo animals to appropriate zoological organizations.
Adopted Yeas - 6 Nays - 0
23. Resolution- 97-271 - Directing Continental Cablevision of Saint Paul, Inc. to keep an accurate
account of all amounts received by reason of the rate increase they have implemented.
Adopted Yeas - 6 Nays - 0
24. Resolution - 97-272 -Approving a preliminary and final plat for property at 1920 and 1966 Benson
Avenue.
Adopted Yeas - 6 Nays - 0
March 19, 1997, City Council Summary Minutes Page 4
25. Resolution- 97-273 - Indemnifying Concordia College during the use of its facilities and equipment
for the Future Force program.
Adopted Yeas - 6 Nays - 0
26. Preliminary Order- 97-274 - In the matter of construction of storm sewer and sanitary sewer service
connections, as requested by the property owner, in conjunction with the Grand/St. Albans area
storm sewer and street paving and lighting project, and setting date of public hearing for May 14,
1997. (File#18713)
Adopted Yeas - 6 Nays - 0
27. Preliminary Order- 97-275 - In the matter of permanent easement for public right-of-way for Maiden
Lane between Nine Street and Selby Avenue, and setting date of public hearing for May 14, 1997.
(File#18840)
Adopted Yeas - 6 Nays - 0
28. Preliminary Order- 97-276 - In the matter of condemnation and taking of a permanent easement for
right-of-way purposes in connection with the Wheeler Street/Munster Avenue Realignment Project,
and setting date of public hearing for May 14, 1997. (File #18841)
Adopted Yeas - 6 Nays - 0
29. Resolution Approving Assessment- 97-277 - In the matter of boardings-up of vacant buildings for
November 1996; demolition of vacant buildings for December 1996 and January 1997; boardings-up
of vacant buildings for December 1996; and summary abatements (snow removal and/or sanding
walks) for winter 1997, and setting date of Legislative Hearings for May 6, 1997, and City Council
Hearings for May 14, 1997. (File#J9705B, J9705C, J9705B1, J9705A)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
18. Resolution- 97-0289 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 719 Wilson Avenue. (Laid over from March 12)
Gerry Strathman, Legislative Hearing Officer, reported that the Certificate of Occupancy has been
issued and the condemnation order has been lifted.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
21. Resolution - 97-269 - Amending the duties of the Traffic Maintenance Worker class specification in
accordance with Civil Service Rule 32.
Councilmember Rettman moved to lay over for 90 days and stated there needs to be a discussion
with Labor Relations and Human Resources on this issue.
Laid over to June 11 Yeas - 6 Nays - 0
March 19, 1997, City Council Summary Minutes Page 5
ADDENDUM
Presentation by Ramsey County on Welfare Redesign(Laid over from February 19)
Susan Haigh, Ramsey County Commissioner, gave a presentation on welfare reform and distributed a
welfare reform packet to the Council. Ms. Haigh pointed out areas of concentrations of people who are on
public assistance and reviewed the requirements of the"Federal Welfare Reform Program."
Councilmember Megard asked if the City Council will be kept informed. Ms. Haigh responded a newsletter
is being planned to share with everyone about what is happening with welfare reform. Also,there will be a
community meeting on March 26 to advise people on the subject.
Councilmember Megard suggested Susan Haigh be invited back at a later date to speak before the Council.
30. Resolution- 97-2 - Accepting and adopting the "Business Plan: Implementation of a Comprehensive
Housing Strategy" developed by the Department of Planning and Economic Development. (Laid
over from February 26)
Councilmember Megard moved approval and passed out copies of her amendments.
Gary Peltier, Department of Planning and Economic Development, appeared and stated there are a
variety of HUD financed housing projects with set aside Section 8 units in them. This is a national
issue where several contracts expire on a year to year basis. Councilmember Rettman stated the
construction was to be 20% Section 8 set asides and 80%private dollars and most of these units have
gone from 80 to 100% subsidized.
Council President Thune said the Council has to decide how it is going to affect the City and develop
a strategy to deal with it. It is a national issue, he said.
Councilmember Rettman stated the dollars have been retrieved by the developers and the taxpayer is
left to pay.
Councilmember Harris said HUD asks for an over inflated amount for some homes and he requested
a breakdown of the potential effect.
Pamela Wheelock, Department of Planning and Economic Development, appeared and suggested
PED staff work with the Public Housing Agency and the Metropolitan Council in an attempt to
understand the impact on the metropolitan area. There could be a policy discussion in which PED
would do a presentation about anticipated impacts for Saint Paul and other areas and it could
coincide with the 1998 budget.
Councilmember Megard moved approval as amended.
Adopted as amended Yeas - 5 Nays - 1 (Rettman)
March 19, 1997, City Council Summary Minutes Page 6
31. Resolution- 97-69 - Authorizing financing in the amount of$2,340,000.00 for the purchase of Civic
Center Equipment. (Laid over from March 5)
Councilmember Bostrom moved a one week layover saying he was concerned about where the
money was coming from and he did not want it to come out of a pre-existing account. The City is
still discussing major renovation at the arena and he asked how this would tie into that.
Chris Hanson, Civic Center, appeared and stated Councilmember Bostrom was concerned that the
use of the kitchen might change if hockey is brought in. Mr. Hanson said it would not change
because it still needs to serve the convention center. An additional smaller kitchen would be built.
There is a cost benefit analysis and the budget shows the money can be paid back comfortably out of
the Civic Center's operating cash flow.
Councilmember Rettman asked if the Civic Center is using more dollars then originally envisioned
for the expansion. Chris Hanson responded they are using as many dollars as available via the
original bond issue and the interest.
Councilmember Bostrom requested information be provided showing where the dollars will come
from.
Laid over to March 26 Yeas - 6 Nays - 0
48. POLICY SESSION-PART 1
II. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session by
Stacy Becker, Department of Public Works, and William Finney, Police Chief. (Discussion
continued from February 19)
Council President Thune stated the snow plowing discussion will be held over to April 2 due to the
length of the agenda.
Discussion laid over to April 2
49. MISCELLANEOUS
Election of Councilmember for Ward 7.
The following applicants for the Ward 7 Council seat appeared before the Council, made a
statement about themselves and responded to questions asked by Councilmembers:
Kathy Lantry, 25 E. Sandra Lee, and also an intended candidate for the 1998 election
Gladys Morton, 1618 Wilson Avenue, a caretaker candidate
Philip Fuehrer, 1560 Point Douglas Road South, a caretaker candidate
Mike Lee, 1264 South Point Douglas Road, a caretaker candidate
Tienne Otteson, 2217 Highwood, a caretaker candidate
Harvey Asmus, 860 Margaret Street, a caretaker candidate
March 19, 1997, City Council Summary Minutes Page 7
The following individuals appeared and spoke in support of candidates:
Otto Folger, 1677 Conway Street, spoke in support of Tienne Otteson.
Russell Miller, 1553 Hudson Road, spoke in support of Gladys Morton, and expressed concern
about the way the vacancy was being filled.
Jay Fonkert, 2003 Fremont Avenue, spoke in support of Gladys Morton.
Richard Taylor, 701 E. Third, President of Dayton's Bluff Senior Center, said the seniors support
Tienne Otteson.
Dino Guerin, 1977 North Park Drive, expressed concern about the way the vacancy was being
filled.
John Brengman, 836 E. Magnolia Avenue, spoke in support of Gladys Morton.
Rich Kramer, 1471 Barclay Street, spoke in support of Gladys Morton.
Councilmember Bostrom moved to close the public hearing.
Yeas - 6 Nays - 0
Councilmember Megard moved to appointment Gladys Morton as a caretaker to fill the Ward 7
seat. Councilmember Bostrom concurred.
Councilmember Harris stated he and Councilmember Megard prepared a proposed ordinance
change for this process. Mr. Harris stated he has only heard from about five people from the
community about this process and received some e-mails. He proposed that the District 1, 2, and
4 Community Councils collaborate and have a public meeting for persons interested in the Ward 7
vacancy. Mr. Harris did not feel that people besides Gladys Morton received fair consideration.
Councilmember Blakey asked about the time frame. City Attorney Peg Birk responded that the
City Charter provides for 30 days for the Council to fill the vacancy, which would be April 7.
Mr. Blakey stated he also has not received phone calls from Ward 7 and spoke to two candidates.
Councilmember Bostrom stated the Council went through this process two months ago, he made
many of the same comments, lost on the vote and accepted the fact that his fellow Councilmembers
felt this was the process to use to appoint interim appointments. The Council should continue with
the process so people know they are consistent with the way it does business.
Councilmember Harris moved a two week layover for a public forum to be held by Districts 1, 2,
and 4 Community Councils.
Councilmember Megard stated the proposed charter amendment would be for the senior planning
commission member from the affected ward to get the appointment and in this case that person
would be Gladys Morton.
Council President Thune spoke against the motion for a layover saying the Council should move
forward at this time.
Councilmember Harris withdrew his motion.
March 19, 1997, City Council Summary Minutes Page 8
Vote on Councilmember Megard's motion- Yeas - 6 Nays - 0
Suspension Item
Resolution- 97-289 - Electing and appointing Gladys Morton as a City Councilmember to fill the
vacancy created by the resignation of former Councilmember Mark Mauer and to serve in such
position for the remainder of the unexpired term until a successor is elected.
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
(The meeting was recessed from 5:28 to 5:43 p.m.)
Present- 5 Absent- 1 Rettman(arrived shortly after roll call)
Gladys Morton was sworn in as City Councilmember representing Ward 7 by Council President Thune.
48. POLICY SESSION-PART 2
III. Disparity Study
Introduction by Councilmember Blakey
Councilmember Blakey introduced Mark Robertson, Acting Director of the Human Rights Department.
A. Background and Overview of Disparity Study (Mark Robertson)
Mark Robertson provided background information and an overview on the Disparity Study. In 1976, the
City enacted an ordinance to assist economically disadvantaged businesses. In 1989 there was a landmark
Supreme Court decision concerning the City of Richmond, Virginia in which the Supreme Court ruled the
implementation of government entities and programs to increase opportunities for minority owned
businesses and secure public contracts must be supported by a factual predicate and must be narrowly
tailored to address discrimination in contracting. In 1990, in response to the Croson decision, Saint Paul
made the purchasing program race and gender neutral. The name was changed from"Set Aside Program"to
"Targeted Vendor Development Program." In 1993,the City Council authorized a joint powers agreement
with Ramsey County and Saint Paul Public Schools to conduct a multi jurisdictional disparity study of
minority and women owned business enterprises and established a Disparity Board.
The disparity study was conducted by BBC Research and Consulting, a Denver firm. The evaluation was
whether Saint Paul met the legal standards to allow operations of certain programs to encourage utilization
of minority and women owned businesses and to provide documentation necessary to determine whether any
future minority or women businesses are justified. The BBC submitted its final report to the Joint Powers
Board in September of 1995 and it was accepted. Mr. Robertson stated the backgrounds, summary of
evidence and proposed remedies are extensive, but are located in the 15 page executive study that the
Councilmembers received.
March 19, 1997, City Council Summary Minutes Page 9
Bill Wilson appeared and stated the Council should be guided by the facts and findings of the BBC report.
Personal opinions are not being sought. The facts of the study show there are disparities and there has been
passive, if not active, discrimination. This study was done by a reputable organization. The Institute of Race
and Poverty, headed by Professor John Powell, one of the imminent civil rights lawyers in this country, and
a faculty member at the University of Minnesota, issued a report and expanded on the findings of BBC. The
Supreme Court said gender neutral programs must first be used. The program being recommended is
narrowly tailored. The courts have said if a corrective action remedy--correcting a wrong that has been
done--must be narrowly tailored to fit the finding. Because it is narrowly tailored,the courts require the City
to come back and review it from time to time.
B. Review of Other City Programs
Jacquelyn Hicks, Purchasing Department, appeared and stated the targeted vendor program started in 1976.
In 1979, Ramsey County adopted a resolution approving a set aside program on equal par with Saint Paul.
In 1982, the definition of a set aside business was modified to include only those businesses in operation for
six months. In 1989,the U.S. Supreme Court ruled for the City of Richmond vs. Croson and race and
gender portions of the program were terminated. In 1990,the Targeted Vendor Development Program was
adopted for small and economically disadvantaged businesses. In 1993, the "economic disadvantaged"term
was changed and the State of Minnesota revenue standards were adopted.
Linda Camp, Purchasing Department, appeared and stated Purchasing has been a focal point but there has
been a lot of activity generated for targeted vendors. The Department of Planning and Economic
Development has a key piece of this project. PED has a partnership beyond the development projects
because they have small business development resources. There is some collaboration with Human Rights,
but their role is to focus on the employee dimension.
C. Legal Considerations (Paul McCloskey)
Paul McCloskey, City Attorney's Office, gave an overview of the law in this area. The City of Richmond
wanted to remodel its city jail. Richmond is a 50-50 split between blacks and whites. A set aside program
mandated any prime contractor doing business with a city affiliated with minority subcontractors to dedicate
up to 30% of the total dollar allocation of the project to the minority vendor. The ordinance was never
passed with any findings of fact. Croson submitted a bid, he couldn't get the minority subcontractors that
met the qualifications, he asked for a waiver, didn't receive one, and then sued.
In 1995, the Supreme Court came down with another decision called the Adarand case. The Department of
Transportation was letting a highway job through part of California. Adarand owned a construction
company that specialized in guard rails. Another competitor named Gonzales also submitted a bid. The
federal government at that time had in place a set aside program that provided a prime contractor affiliated
would pay extra money if part of the work was given to a minority contractor. Adarand was the low bidder
but the prime contractor went with Gonzales. Adarand sued the Secretary of Transportation.
In both cases, the Supreme Court said that a preference based on race or ethnic criteria must be received
with the most searching examination because such criteria are suspect. Mr. McCloskey reviewed the
Supreme Court conclusions of this case.
March 19, 1997, City Council Summary Minutes Page 10
Paul McCloskey stated he issued a legal opinion which he gave to the Councilmembers. A vast majority of
work in Saint Paul is done by competitive bidding which is mandated by State law. There are three
considerations of competitive bidding: lowest, responsibility, and meeting specifications. There are areas in
which the City has discretion, such as bond counsels, financial consultants, computer programming
instructors, etc. However, the City tries to incorporate competitive bidding by advertising proposals and
allowing everyone to present in an open process.
Mr. McCloskey stated the BBC found no evidence of active discrimination. As to passive discrimination,
the City may have passively been involved in discrimination by the mere fact that it has used City dollars to
buy goods and services. The Supreme Court did not say a city cannot have a set aside program; however,
the criteria are very strict.
In response to questions by Councilmember Harris, Linda Camp stated the competitive bidding level where
a formal bid is used is $25,000. When buying a chair that is $100 in value, two quotes would be sought.
Professional services are directly negotiated and do not go through her. Purchasing has a listing of about
300 professional service agreements in their data base. Many are small agreements for recreation centers,
trainers, etc. Councilmember Harris requested a copy be sent to Gerry Strathman in Council Research.
D. Summary of City Staff Report(Martha Larson, Linda Camp)
Analysis of recommendations from Disparity Study and related staff report
Martha Larson, Finance Department, appeared and stated staff was not going to give any formal
recommendations or present any action plan in response to the study. The ad hoc City staff has a review of
the recommendations that were issued by the staff. Of the 65 recommendations of the Disparity Board, half
of those recommendations are in place with the City. Approximately 26 recommendations merit further
consideration. Both the County and Saint Paul Schools have received the Disparity Study report and have
directed staff to return with recommendations.
E. Summary of County and School District Responses to Study
Lynne Geschwind, Ramsey County
Bill Larson, Saint Paul Public Schools
Linda Geschwind, Director of Affirmative Action in Ramsey County, and lead staff for Ramsey County to
the Disparity Study Joint Powers Board, said the County Board has acted to accept the findings of the
Disparity Study Joint Powers Board. They took action to set aside money to fund any initiatives out of the
study and directed staff to return with program recommendations.
Jim Shelton, Affirmative Action Officer for Saint Paul Public Schools, appeared and stated since 1973 the
Saint Paul Schools had a set aside program. Ten percent of its gross dollars were for minority and female
businesses. It was successful until the Croson project came into effect and the set aside program had to be
disbanded. Mr. Shelton urged the Council to think about those who had been excluded. In February 1997,
the committee of the whole officially received the BBC report. The issue remains in committee until such
time as the administration comes forth with a plan of implementation. The School District continues to
work with staff in the development of a joint program to address the findings in the report.
F. Public Comment
March 19, 1997, City Council Summary Minutes Page 11
A. Patrick Leighton; Moore, Costello & Hart, P.L.L.P., appeared and stated he was speaking in behalf of
the Associated General Contractors of Minnesota(AGC). The AGC represents 400 contractors, sub-
contractors, and suppliers in Minnesota. They have supported participation by all races and genders and
have attempted to develop programs in race and gender in breaking into the construction business.
It is important to focus on what is the legal and the permitted thing to do, he said. When the Supreme Court
issues a decision, it must be followed. The Croson and Adarand cases were landmark decisions. Croson
involved state funds and Adarand involved federal funds. The courts held that new standards would apply
for set aside programs. The courts would no longer defer to actions of legislative bodies but would carefully
look at and examine the basis for those actions. Since then,there have been a number of lower court
decisions. These cases show that if a race conscious program is going to be adopted and have it sustained,
discrimination must be identified and there must be a strong basis that this remedial action is necessary.
Nowhere in the BBC study is there any suggestion that Saint Paul has discriminated against minorities, race,
or gender. Saint Paul has competitive bidding laws. Mr. Leighton stated in his knowledge there has never
been a minority contractor that had a low bid rejected because of being a minority. The BBC determined the
percentage of minority contractors by using five sources: two were census information sources, two were
telephone surveys, and a vendor mailing list from the Saint Paul-Ramsey County Joint Purchasing Office.
None of those five sources determined availability of qualifications. Based on the court decision,the
absence of that information is sufficient to cause that study to be flawed.
Councilmember Harris requested information be provide and Mr. Leighton said he would send it to the
Council.
Councilmember Megard asked if everything was okay in Saint Paul. Mr. Leighton responded that the
information in the study does not provide any evidence of the type of discrimination that would justify a set
aside program. Councilmember Megard asked how Saint Paul determines whether or not the study is
flawed. Mr. Leighton stated the Council should ask the City Attorney if the report is sufficient to justify a
set aside program. Lawyers can give differing opinions but someday a court will decide which opinion is
correct.
Mark Cooper, Joint Venture of Diversenet Incorporation, appeared and stated he and Cynthia Paulson of
Women Venture have been retained by Hennepin County to help put in program management remedies for
the BBC study.
Cynthia Paulson appeared and stated they are also providing small business outreach. Diversenet and
Women Venture have an extensive record of working with women and minority owned businesses.
Edward McDonald, Frogtown Action Alliance (FAA), appeared and stated the FAA is located in the lowest
income community in Saint Paul. He works as a director of special economic development initiatives.
According to the Star Tribune newspaper, 26% of the workforce is unemployed in the Frogtown area. Mr.
McDonald proposed recommendations to the Council. There are some things that should occur in the public
institutions that will only require political will and a change of attitude by administrators that will aid and
strengthen the opportunities for women and people of color as it relates to contract procurement and equal
protection in regard to the laws,he said. Those recommendations are that public monies be invested only in
private institutions that have historically supported low income individuals, people of color, and women on
an equitable basis; public institutions need to actively integrate their staff; increased employment
March 19, 1997, City Council Summary Minutes Page 12
opportunities will do Frogtown well. Unions,the public and private sectors need to open the doors wider for
diverse participation in the workplace.
G. Council Discussion
Councilmember Blakey moved to accept the report.
Yeas - 7 Nays - 0
Councilmember Blakey asked staff to look at the various recommendations and bring a report back in four
weeks saying that all professional contracts should be looked at. Mr. Blakey asked if there needs to be
further study for discrimination or if the Disparity Study is enough. Paul McCloskey responded that in his
legal opinion of January 21, 1997, he did not say the BBC report was flawed, but the methodology and the
support for the conclusions they reached were insufficient. As for passive discrimination,the only linkage
was the mere flow of dollars alone gave rise to passive discrimination on the City's part. Mr. McCloskey
stated this is insufficient based on the guidelines of the Adarand and the Croson case. Saint Paul cannot just
rely on allegations of passive discrimination; it must show there is a workforce able and qualified to do the
work and the company was discriminated against in not getting the contract. Mr. McCloskey agreed with
Patrick Leighton that the BBC's report had flawed methodology. The BBC should be sent back out into the
field and adhere to the Croson and Adarand cases.
Councilmember Blakey asked if there was a way the City could take public testimony and build an
ordinance around that. Paul McCloskey responded the Council would have to make sure the individuals
called forth to testify had hard proof they were discriminated against. They would have to prove they were
able and qualified to participate in the workforce, and they have to give the factual basis to say they were
discriminated against. The mere fact they did not get a city contract does not rise to the level of
discrimination.
Bill Wilson stated the report shows disparities were consistently found for African Americans, women
owned businesses, and Asian owned contractors. Before being persuaded by lawyers, Mr. Wilson suggested
the Council invite Professor John Powell, a leading expert on Croson, Adarand, and Civil Rights law, to
speak.
Councilmember Harris stated he would like to pinpoint where the City can have an impact without hiring
additional staff Some of the tables in the report are confusing, he said. Bill Wilson responded the Institute
on Race and Poverty did a further analysis. Also, the NAACP president stated there was sufficient evidence
for the City to take corrective action. If the City does not,then the NAACP president stated he will take
action.
Councilmember Rettman stated the Council needs to be clear as to what it wants. The Council should move
forward with some recommendations and this is an opportunity to get the unions involved.
Council President Thune stated the recommendations should also include pros and cons. The arguments
against the BBC report are not compelling.
March 19, 1997, City Council Summary Minutes Page 13
Martha Larson, Finance Department, requested coming back in 8 to 10 weeks. Councilmember Rettman
stated in four weeks she could identify which ones can be done. Councilmember Bostrom stated the four
week interim report could highlight the real concerns and the ten week report could focus on those issues.
Administration and staff were directed to return to the City Council on April 16 with a report identifying
options for addressing disparity issues.
(The meeting was recessed from 7:57 to 8:22 p.m.)
Roll Call Present- 7 Absent- 0
32. Resolution- 97-187 - Authorizing an amendment to the Pledge Agreement for the Parking and
Transit Fund. (Laid over from March 12)
Councilmember Harris moved a one week layover.
Laid over to March 12 Yeas - 7 Nays - 0
33. Resolution - 97-247 -Amending the Pledge Agreement related to the expansion of the
Seventh and Wabasha Streets Parking Ramp. (Laid over from March 12)
Councilmember Harris moved a one week layover.
Laid over to March 12 Yeas - 7 Nays - 0
34. Administrative Order:
D001164 Addition of$228,121.98 to the contract for Saint Paul Civic Center Expansion, CP-1
Demolition, Excavation& Bridge Construction-Parking Ramp Excavation Alternate A.
(Laid over from March 12)
Councilmember Harris stated he received the information he needed on this item.
Noted as on file in the City Clerk's Office
35. Resolution- 97-278 - Budget revision for the initial design and purchase of software for Phase I of
the human resources, payroll and benefits system.
Councilmember Bostrom distributed copies of his amendment and Councilmember Harris accepted
the amendment as friendly.
Councilmember Rettman asked if the Council has assurance in the RFP that if it does not work, it
can be fixed because the Eclipse has not lived up to its promise and has cost money.
Councilmember Harris stated this system will cost the equivalent of two recreation centers; the
software and hardware is $600,000. It could be capped by getting a fixed bid. There have been large
cost overruns in other cities for similar systems. Martha Larson responded it is possible to do a fixed
fee bid on a system like this. At this time they are asking for funding to complete the design for the
project. The City will have control over whether it is $4 million or$7 million. The direction from
the Council is $4 million. A number of checkpoints have been built in and the use of the consultant
has been limited, Larson said.
March 19, 1997, City Council Summary Minutes Page 14
Councilmember Blakey stated there needs to be a change and once a good system is in place it
should pay for itself.
Councilmember Rettman questioned if there is language in place that guarantees that what is being
purchased will operate correctly. Martha Larson responded the language is in the contract with the
consultant with warranty provisions, project manager approaches, etc. Ms. Rettman stated she would
like that language in the resolution also.
Council President Thune suggested staff be directed to include warranty provisions and bring it back
to the Council. Councilmember Bostrom asked about a service guarantee that this system will work.
Council President Thune suggested the following language: "and to include specific warrant
provisions and service guarantee".
Councilmember Harris accepted this additional language as friendly. Mr. Harris asked how many
people put in a bid. Martha Larson responded bids were solicited from five or six software
companies and two out sources. The out sources declined to propose as well as two of the software
companies. Two of the remaining were non responsive and would not provide the proper
information requested.
In response to a question of Councilmember Harris, Martha Larson said the system will be paid for
out of the general fund balance and the fund balance will be replenished over a ten year period by a
contribution that will come back from it being factored into the fringe benefit allocation rate.
Councilmember Harris requested that information be included in the resolution.
Martha Larson provided additional language.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 6 Nays - 1 (Rettman)
36. Presentation by the Administration on an evaluation work plan for the Saint Paul Fire Chief
Councilmember Harris moved a one week layover.
Yeas - 7 Nays - 0
37. Letter from Mayor Coleman dated March 7, 1997, vetoing Council File 97-184 pertaining to hiring a
project manager to coordinate anti-gun activities.
Councilmember Blakey moved a layover to April 2.
Yeas - 7 Nays - 0
March 19, 1997, City Council Summary Minutes Page 15
ORDINANCES
38. First Reading - 97-279 - An ordinance amending Chapter 11 of the Saint Paul Legislative Code to
improve upon the language and to more accurately reflect the current animal control environment in
the City and allow service animals assisting individuals with disabilities on the grounds in City
markets.
Laid over to March 26 for second reading
39. First Reading - 97-280 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code to
bring the chapter up-to-date and reflect the current situation requiring permits to be obtained from
the Office of License, Inspections and Environmental Protection.
Laid over to March 26 for second reading
40. First Reading - 97-281 - An ordinance amending Chapter 140 of the Saint Paul Legislative Code to
improve upon the language and to more accurately reflect the current animal control environment in
the city and allow service animals assisting individuals with disabilities into the skyway system.
Laid over to March 26 for second reading
41. First Reading - 97-282 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code to
allow horses from the Saint Paul police horse patrol into City parks,parkways or recreation areas
without permission of the director.
Laid over to March 26 for second reading
42. First Reading - 97-283 -An ordinance amending Chapter 196 of the Saint Paul Legislative Code to
bring the chapter up-to-date, improve upon the language and to more accurately reflect the current
animal control environment in the City.
Laid over to March 26 for second reading
43. First Reading - 97-284 -An ordinance repealing Chapter 197 of the Saint Paul Legislative Code.
Laid over to March 26 for second reading
44. First Reading - 97-285 - An ordinance amending Chapter 198 of the Saint Paul Legislative Code to
bring the chapter up-to-date, improve upon the language and to more accurately reflect the current
animal control environment in the City.
Laid over to March 26 for second reading
45. First Reading - 97-286 -An ordinance amending Chapter 199 of the Saint Paul Legislative Code to
bring the chapter up-to-date, require that ferrets be vaccinated against rabies, improve upon the
language and to more accurately reflect the current animal control environment in the City.
Laid over to March 26 for second reading
March 19, 1997, City Council Summary Minutes Page 16
46. First Reading - 97-287 -An ordinance amending Chapter 200 of the Saint Paul Legislative Code to
bring the chapter up-to-date, improve upon the language and to more accurately reflect the current
animal control environment in the City. Creates section 200.17 Collars, leashes, tie outs.
Councilmember Rettman requested Lines 22 and 23 not be deleted. Councilmember Megard
accepted this change.
Amended and laid over to March 26 for second reading
47. First Reading - 97-288 -An ordinance amending Chapter 347 of the Saint Paul Legislative Code to
bring the chapter up-to-date, require Saint Paul pet-shop owners to provide customers purchasing an
animal requiring a permit the necessary documentation for obtaining a permit and to more accurately
reflect the current animal control environment in the City.
Laid over to March 26 for second reading
48. POLICY SESSION-PART 3
Councilmember Rettman moved for suspension of the rules to introduce the following resolution:
Yeas - 7 Nays - 0
Resolution- 97-290 - Establishing a new capital project to design and construct an enclosed
pedestrian walkway between the Saint Paul Civic Center and the downtown skyway system.
Councilmember Rettman stated she gave clear direction to the Administration as to what should be done in
regard to the pedestrian connection,to identify the variety of reasons why a connection is needed, and to
identify funding. There is a cap of$7 million and it does not close off Washington Street. There will be a
variety of local and state legislation changes that will need to accommodate some of this in terms of
advertisements. Ms. Rettman stated the City wants an opportunity in this connection for some public private
partnerships. The resolution requests that the Port Authority contribute $500,000 to build a linkage between
the Landmark Towers and they would be responsible for the ongoing maintenance. The St. Paul Library and
the Civic Center Authority would provide for the ongoing maintenance in the 1998 and 2000 budget. In the
year 2000, the ongoing operational maintenance of the connection would be paid through the hotel/motel
taxes. It provides for a bi-monthly update to the City Council and to the Mayor. It also provides that all
financing commitments must be secured prior to construction and any budget amendments would come back
to the Council. The sales tax transfer would be paid by the revenues of both the marketing and advertising
naming rights and other revenues generated. The connection will be the least intrusive in respecting the
beauty of Rice Park.
Councilmember Rettman moved approval.
Councilmember Megard asked if there was any construction money from hotel/motel tax in 1997 and if this
is $300,000 construction money. Councilmember Rettman responded the $300,000 is for part of the
construction. Joe Reid, Budget Office, appeared and concurred with Ms. Rettman. Ms. Megard asked if
the contribution by Ramsey County was on hand. Ms. Rettman responded that it is not. Ms. Megard asked
about the donations, contributions, and payments which is $1 million unspecified. Ms. Rettman responded
March 19, 1997, City Council Summary Minutes Page 17
these would be private dollars and she feels the City could raise more than $1 million in other public/private
matches. Saint Paul is putting up $2.2 million as part of the hotel/motel tax and putting up a public/private
match. The Port Authority has committed to $500,000 and if it's $600,000 they will commit to that.
Councilmember Harris asked about one of the fund transfers. Joe Reid responded it is from the Cultural and
Neighborhood Sales Tax and there is about$10 million cash balance. Council President Thune stated he is
not comfortable taking anything out of the neighborhood sales tax.
Council President Thune stated Saint Paul may have to wait until it has the money before it is spent.
Eileen McMahon, Convention and Visitors Bureau(CVB), appeared and stated she is pleased with what she
sees and she will bring strong recommendations to the board of directors to commit to this process.
Councilmember Megard moved a two week layover to get some of the assurances in place. Councilmember
Rettman stated everything is included in the paperwork and suggested it not be laid over.
Joe Reid suggested passing the resolution without the budget. Councilmember Bostrom concurred and felt
this would allow staff to start working with people. The Council could direct staff to prepare a pay back
plan.
Councilmember Bostrom moved to introduce a substitute resolution.
Roll Call Yeas - 6 Nays - 1 (Rettman)
Councilmember Blakey stated he does not feel a skyway is needed. He asked if there were any other studies
done, independent of the CVB study,that indicated the City would see a certain amount of dollars after the
connection is built. Ms. McMahon estimated that the return to Saint Paul would be an incremental $6.5
million on conventioneer spending on an annual basis.
Councilmember Megard withdrew her motion for a layover.
Council President Thune explained that the substitute strikes out all the funding sources and budget
amendment language.
Adopted as amended Yeas - 6 Nays - 1 (Blakey)
Suspension Item
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution- 97-291 - Extending the interim ordinance (Council File 96-1165) continuing the
moratorium relating to height and setback restrictions for cellular telephone antennas.
Adopted Yeas - 7 Nays - 0
March 19, 1997, City Council Summary Minutes Page 18
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution- 97-292 - Supporting the passage of the State of Minnesota House File 1671 changing
the State law to add to the time that cross traffic is stopped for pedestrians at signal-controlled
intersections.
Adopted Yeas - 7 Nays - 0
Councilmember Rettman moved for suspension of the rules and approval of the following resolution:
Resolution- 97-293 - Recognizing Joel Gregory Mueller as a distinguished Boy Scout who has
earned the Boy Scout of America's Eagle Scout Award.
Adopted Yeas - 7 Nays - 0
A motion was made for suspension of the rules and a one week layover of the following resolution:
Resolution- 97-294 - Amending the 1997 parking and transit fund budget to provide financing for
the Capital City Trolley.
Councilmember Rettman stated there needs to be a transit discussion on why the trolleys are running
the same routes as the buses and how to aggressively market them. Ms. Rettman was concerned that
someone is being bailed out. Councilmember Blakey stated he has always been concerned about the
routes and had asked for the route to be extended to Selby Avenue. Council President Thune stated
extending the routes would require more money. Mr. Thune suggested having the trolley operators
come to the Council for a discussion about the routes.
Laid over to March 26 Yeas - 7 Nays - 0
A motion was made for suspension of the rules and a one week layover of the following resolution
Resolution- 97-295 -Authorizing and directing the City Attorney and appropriate City staff to
prepare amendments to the statutory authority of the Civic Center Authority to enable the
construction and operation of a soccer stadium in downtown Saint Paul.
Council President Thune stated there have been various proposals to build a soccer stadium with
private funds. One way to operate a stadium would be to have the Civic Center manage it. The
Civic Center cannot manage anything without approval from the State and the issue is already at the
Legislature.
Laid over to March 26 Yeas - 7 Nays - 0
March 19, 1997, City Council Summary Minutes Page 19
Councilmember Bostrom moved for suspension of the rules and approval of the following resolution:
Resolution- 97-296 - Approving the appointment of Robert Connor as Legislative Aide to
Councilmember Gladys Morton.
Adopted Yeas - 7 Nays - 0
Councilmember Megard moved to adjourn the meeting.
Roll Call Yeas - 7 Nays - 0
D AT .44 P.M.
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David T nIr ouncil President
ATTEST:
Minutes approved by Council
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Nancy Anderso � \Ack
Assistant Council Secretary
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