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Approved Minutes 4-16-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL / Wednesday, April 16, 1997 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order by Acting Chair Harris at 3:37 p.m. Present - 5 - Blakey, Bostrom, Harris, Megard, Morton Absent - 1 - Thune (excused) Vacancy - 1 - Ward 5 CONSENT AGENDA Acting Chair Harris requested the minutes be laid over for one week. Acting Chair Harris requested Item 23, Administrative Orders D001198, D001210, and D001212, be laid over one week. Councilmember Megard moved approval of the Consent Agenda as amended. Yeas - 5 Nays - 0 FOR ACTION 1. Approval of minutes of March 12, 1997 and March 26, 1997 Closed Door Session. Laid over to April 23 Yeas - 5 Nays - 0 2. Claims of Ben Corbett, Kerry Kinas, Anne Kuettel, Bo Link, Shelly Mayer, Michael Olson, Gail Ryan, and Richard Stevens. Referred to Employee/Risk Management Division 3. Summons and Complaint in the matter of Allstar Construction, Inc., vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Frances Wells vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning adverse action against cigarette license held by May & Mai Yang, dba May's American-Oriental Food Market, Inc., 422 University Avenue West. (Uncontested) 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning adverse action against cigarette license held by Judith Favia, dba Cahoots Coffee Bar, 1562 Selby Avenue. (Uncontested) April 16, 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 23, 1997, concerning adverse action against cigarette license held by Tuan J. Pham, dba Capital Market, 478 University Avenue West. (Uncontested) 8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning adverse action against cigarette license held by Cosmic Charlie's, 189 Snelling Avenue North. (Uncontested) 9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning adverse action against cigarette license held by Good International Corp., dba Convenience of West 7th, 499 West 7th Street. (Uncontested) 10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning adverse action against cigarette license held by Awny A. Alkatout, dba Craig's Country Boy, 922 Thomas Avenue. (Uncontested) 11. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning adverse action against cigarette license held by Mukund S. Joshi, dba Lou's Food Market, 1199 White Bear Avenue North. (Uncontested) 12. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning adverse action against cigarette license held by Alan Miller, dba Rice Street Spur, 1440 Rice Street. (Uncontested) 13. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning adverse action against cigarette license held by Turf Club, Inc., 1601 University Avenue West. (Uncontested) 14. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning licenses held by OPBM, Inc., dba Amelia's Nite Club & Eatery, 175 5th Street East, #140. (Uncontested) 15. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning licenses held by Campus Sports Grill & Nightclub, Inc., dba Campus Sports Grill & Goldies, 2554 Como Avenue. (Uncontested) 16. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning licenses held by Distinctive Laundry Processing, Inc., 531 Ohio Street. (Uncontested) 17. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning licenses held by Larry's Auto Body, 933 Atlantic Street. (Uncontested) April 16, 1997, City Council Summary Minutes Page 3 18. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning licenses held by Laro, Inc., dba Patrick's Lounge, 1318 Larpenteur Avenue West. (Uncontested) 19. Letter from the Office of the City Attorney announcing a public hearing before the City Council on April 23, 1997, concerning licenses held by Mike and Cheryl Hilyar, dba Rice Street Laundromat, 1104 Rice Street. (Uncontested) 20. Letters from Saint Paul Public Health declaring 1383 Arcade Street, 578 Forest Street, 557 Jenks Avenue, and 587 Stryker Avenue as "nuisance properties" and setting date of Legislative Hearings for April 15, 1997 and City Council Hearings for April 23, 1997. 21. Letters from Saint Paul Public Health declaring 1561 Jackson Street and 677 Kent Street as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 22. Communication from Saint Paul Animal Control dated April 7, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 23. Administrative Orders: D001197 Amending the 1996 budget in Public Health by transferring spending authority to clear deficit object codes. Noted as on file in the City Clerk's Office D001198 Amending the 1996 budget in the Police Department by transferring money to provide sufficient funding at the budgetary control levels. Laid over to April 23 Yeas - 5 Nays - 0 D001199 Amending the 1996 budget in the Department of Libraries/Aids and Grants Fund to cover negative balances in several major object codes and activities. D001200 Addition of$14,739.00 to the contract for remodeling Como Zoo restrooms for handicap accessibility. D001201 Amending the 1996 budget in the Department of Technology and Management Services to correct 1996 year end variances in the Finance Special Projects Fund. D001202 Amending the 1996 budget in Public Health/Health Enforcement Ordinance Activity. D001203 Amending the 1997 budget in the Department of Public Works by revising the 1997 Municipal Equipment fund budget to account for a refund to Fire and Safety Services for overpayment of a vehicle sold to them. D001204 Amending the 1996 budget in the Citizen Services Office to correct 1996 year end variances. D001205 Amending the 1996 budget in General Government Accounts to correct 1996 year end variances. D001206 Amending the 1996 budget in the Department of License, Inspections and Environmental Protection to balance the General Fund Budget. April 16, 1997, City Council Summary Minutes Page 4 D001207 Addition of$34,007.00 to the contract for Saint Paul Civic Center Expansion, CP-4 building Construction Multiscope - Parking Ramp Alternate A. D001208 Amending the 1996 budget in the Office of the City Attorney to balance the 1996 Family Violence Unit budget. D001209 Amending the 1996 budget in the Department of Human Rights by transferring funds from object codes where there was a surplus to cover object codes where there was a shortfall. Noted as on file in the City Clerk's Office D001210 Amending the 1996 budget in the Office of the Mayor by transferring funds from object codes where there was a surplus to cover object codes where there was a shortfall. Laid over to April 23 Yeas - 5 Nays - 0 D001211 Amending the 1996 budget in the Department of Planning and Economic Development to correct accounting codes for the Wabasha Street Improvements. Noted as on File in the City Clerk's Office D001212 Amending the 1996 budget in the Office of License, Inspections, and Environmental Protection to balance the Special Fund Budget. Laid over to April 23 Yeas - 5 Nays - 0 D001213 Addition of$3,345.00 to the contract for shingle Roof Replacement at Central Service Facility. D001214 Addition of$423,773.57 to the contract for Grand/St. Albans Storm Sewer and Street Paving project. D001215 Approving payment, not to exceed $5,500.00, for the Saint Paul Public Library volunteer recognition program. Noted as on file in the City Clerk's Office 24. Resolution - 97-406 - Approving the appointment of Charles Senkler, by Mayor Coleman, to the Neighborhood Sales Tax Reinvestment (STAR) Program Board of Directors. (To be laid over one week for adoption) Laid over to April 23 for adoption 25. Resolution - 97-407 - Establishing a budget for the Saint Paul Police Department's match for the Local Law Enforcement Block Grant. Adopted Yeas - 5 Nays - 0 26. Resolution - 97-408 - Authorizing the City of Saint Paul to accept $183,940 from the State of Minnesota to assist dislocated workers through the Minnesota Software Employment and Training Program. Adopted Yeas - 5 Nays - 0 April 16, 1997, City Council Summary Minutes Page 5 27. Resolution - 97-409 - Approving the issuance of an approximate $3,000,000 taxable and tax- exempt conduit bond issue for construction of a new approximate 64,000 square foot office and production facility in the Saint Paul Port Authority's Crosby Lake Business Park and to acquire and install new equipment in the same facility. Adopted Yeas - 5 Nays - 0 28. Resolution - 97-410 - Indemnifying the Minnesota State Fair from use of their parking lot for the Hmong Sports Festival on July 4 and 5, 1997. Adopted Yeas - 5 Nays - 0 29. Resolution - 97-411 - Consolidating capital project budgets for the Shepard Road and Warner Road reconstruction projects from 1991-1996 into one spending and financing budget in 1997 and removing $144,550.00 in TIF financing from the 1993 Warner/Shepard Road reconstruction project never collected from PED and adding $25,356.00 in additional Water Utility funding. Adopted Yeas - 5 Nays - 0 30. Resolution - 97-412 - Requesting an extension of time to complete work being done on a building at 874-878 Selby Avenue. Adopted Yeas - 5 Nays - 0 31. Resolution Approving Assessment - 97-413 - In the matter of sidewalk reconstruction on Winchell, 1378 Mcafee, East Magnolia, East Cottage, Case, Birmingham, East Orange, East Lawson, East Hyacinth, East Hawthorne, and Prosperity, and setting date of public hearing for June 11, 1997. (File # S95038-39, S95048, S95054-57, S95093-97 & S95102) Adopted Yeas - 5 Nays - 0 32. Preliminary Order - 97-414 - In the matter of improving the platted roadway in the Williams Hill Business Park from University Avenue to Mississippi Street, and setting date of public hearing for June 11,1997. (File #18844) Adopted Yeas - 5 Nays - 0 FOR DISCUSSION 33. Resolution- 97-369 -Approving the appointment of William Tyrone Terrill, by Mayor Coleman, to serve as the Director of the Saint Paul Human Rights Department. (Laid over from April 9) Councilmember Bostrom moved approval. Councilmember Blakey asked William Terrill questions about the Disparity Study, which Mr. Terrill answered. Councilmember Bostrom moved to amend the resolution so the appointment will be effective April 17. Councilmember Blakey accepted the amendment as friendly. April 16, 1997, City Council Summary Minutes Page 6 Councilmember Harris requested a report on housing. Mr. Terrill responded he will return with a report in two weeks. Adopted as amended Yeas - 5 Nays - 0 The City Council meeting was recessed and the Housing and Redevelopment Authority meeting was called to order for consideration of the Consent Agenda. Present- 5 Absent- 0 The HRA meeting was recessed and the City Council meeting resumed. 34. Final Order- 97-398 - In the matter of sidewalk reconstruction on both sides of Juliet Avenue from Davern Street to South Wheeler Street; north side of Randolph Avenue from Davern Street to South Wheeler Street; 1845 Sheridan Avenue (work to be done on Sheridan and Edgcumbe); both sides of Sheridan Avenue from South Wheeler Street to Edgcumbe Road; and both sides of Wordsworth Avenue from South Prior Street to Sue Street. (File#S97008-S97012) (Laid over from April 9) Councilmember Bostrom moved approval. Adopted Yeas - 5 Nays - 0 35. Report by the Administration on options for addressing disparity issues. (Requested on March 19) Councilmember Blakey moved a one week layover. Laid over to April 23 Yeas - 5 Nays - 0 36. Report by the Administration on the status of City of Saint Paul legislation. (Requested on April 9, C.F. 97-405) Bill Huepenbecker, Director of Intergovernmental Relations, appeared and stated there is one month remaining in the legislative session. He reviewed the main issues at the Legislature. Mr. Huepenbecker answered questions from the Councilmembers concerning the following issues: the gun pre-emption resolution, the 35E speed limit, CRP funds, Metropolitan Council's efforts on transit redesign and funding,the status on the Wilder Community School, Browns Field, the Phalen Corridor, City Council length of term,the Andy Dawkins bill, and the M &N bill which deals with the truth in taxation hearings. There will be an additional update before the Council on April 30. ORDINANCES 37. Final Adoption- 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. (Substitute introduced and laid over from April 9) Councilmember Blakey moved approval Adopted Yeas - 5 Nays - 0 April 16, 1997, City Council Summary Minutes Page 7 38. Third Reading - 97-351-An ordinance finalizing City Council action approving the petition of the Saint Paul Port Authority to rezone property at the Arlington-Jackson Business Park from B-2 to I-1. (Public hearing held January 8, 1997) Laid over to April 23 for final adoption 39. Third Reading - 97-352 -An ordinance finalizing City Council action approving the petition of Daniel and Linda Burns to rezone property at 986 Grand Avenue from RM-2 to P-1. (Public hearing held February 26, 1997) Laid over to April 23 for final adoption 40. POLICY SESSION A. Role of City government in implementing the Saint Paul Community Development Agenda. Denise Harris, Co-chair of the Saint Paul Community Development Task Force and President of the Greater Frogtown Community Development Corporation, appeared. She said one of her primary concerns is that the process be open, inclusive, and the resulting report would be a useful planning tool for the City of Saint Paul. The Task Force has 37 people from different groups. The issues are not just about good jobs, but also the supporting structures: child care,transportation, good housing, education, a safe neighborhood, and a regional approach. There are translations in Vietnamese, Hmong, and Spanish of the summary report. In an effort to get feedback, each task force member talked to their constituents. Ms. Harris said he hoped the agenda report will provide a guide for the work to be done to make Saint Paul a better place to live,work, do business, and raise children. Patrick Donovan, Co-chair of the Saint Paul Community Development Task Force and Regional President of Twin Cities Banking for Norwest Bank, appeared and showed the Council the content of the recommendation and sponsors of the initiative. The common areas of community development action talked about were economic,poverty reduction, and quality of life. The vision was to create a better place to raise children,high quality city living, effective civic collaboration. There were 43 recommendations. The task force asks the City to be conveners of eleven which are high priority: link employers,trainers, and job seekers; contaminated site development; make a city wide commitment to reading; double housing and rehabilitation construction; balance in neighborhood housing; economically diverse metropolitan communities; remove dilapidated structures; recreation centers that build communities; action planning for vital neighborhoods.; reconfirm public and private non profit relationships; city-county school district coordination. Tim Marx, Deputy Mayor and Chief of Staff, appeared and stated the Mayor has a commitment to work with the community to move forward on this agenda. Mr. Marx disseminated copies of a memo from the Mayor concerning the report and also a resolution accepting the report. Chair Harris asked about outcomes and time lines. Tim Marx responded some ideas, such as the reading initiative, have already begun. Success should be tracked against substantive outcomes. B. Cigarette Sales to Minors Virginia Palmer, City Attorney's Office, appeared and spoke about enforcement options for the sale of tobacco to minors and new Federal legislation. Ms. Palmer discussed a memorandum from Steve April 16, 1997, City Council Summary Minutes Page 8 Christie, Assistant City Attorney, which talked about the two prongs to enforcement: criminal prosecution and the civil licensing faction. The sale of tobacco to minors is considered a misdemeanor and is handled by the City Attorney's Office . Regulation is the primary motivation of the civil licensing action. In the Saint Paul Legislative Code, licensees are held responsible for the action of clerks, employees, managers, and agents to insure responsible business practices. Compliance checks are the main method of enforcement used by the License Inspection and Environmental Protection Office (LIEP)to check on the sale of tobacco to minors. There is a 72% pass rate indicating these are effective. A number of licensees have come before the Council indicating they thought it was unfair there is an across-the-board compliance check. There are four primary issues brought up by licensees: entrapment, unfair timing or surprise of the enforcement, appearance of the decoy appearing to be over 18, and the fact that it is unfair to hold the licensee responsible for the actions of a clerk. The entrapment is a legal theory explained in the memo by Steve Christie. The unfair timing goes to the purpose of compliance checks which are designed to re-create reality. The same decoys are used across the City. They do not attempt to look 25 or 30 years old. This is an issue that may be solved through some of the upcoming legislation because it requires carding of people up to 26 years of age. Whether or not it is fair to hold the licensee responsible for actions of clerks has been thoroughly covered in the legal arena of the licensee's responsibility for their employees. Some of the State legislation addresses the possibility of dividing the penalty. Ms. Palmer distributed a handout entitled"Children and Tobacco, The New Federal Regulations." In August, another piece of legislation will become effective which deals with advertising, vending machines, coupons, and free samples. Bob Kessler, Director of LIEP, appeared and spoke about compliance checks saying they go back to 1990 when the City Council was approached about a grant application which would provide limited funds to do compliance checks. Initially, warning letters were sent. That process was appreciated ?? and then warnings were sent to everybody. No matter how many warnings are given,there are a certain number of license holders that are not in full compliance at all times, Kessler said. There has been talk about the possibility of more training programs. Also,there are more strict federal regulations becoming effective this year. Pat Fluery, St. Paul Restaurant and Hospitality Association, appeared representing the on and off sale liquor licenses in Saint Paul. The hospitality industry does its own self check. LIEP and the Council should look at incorporating some sort of a program along with the Hospitality Association's compliance checks. If there is a violation,the Association would be involved. Councilmember Megard asked how much income vending machines take in. Mr. Fluery responded the sales are not very large. Chair Harris stated he is interested in encouraging businesses to do voluntary compliance checks on a more frequent basis. Councilmember Megard asked if there was a way to handle the violations without coming before the Council. Robert Kessler stated there is an ordinance in the works giving authorization to administratively approve of the licensee's first and second fine and the license holder would still have the opportunity to appeal the case to the City Council. This would streamline the process and reduce the number of cases being dealt with. (Mark Moeller, Business Review Council, was unable to be present at the meeting) April 16, 1997, City Council Summary Minutes Page 9 Janell Waldock McGuire, Smoke Free Coalition, appeared and stated the coalition works with a number of cities across the state in conducting compliance checks. The coalition is made up of 100 supporting organizations that have come to the table to support change in tobacco policy. There are 3,000 children that start smoking everyday and 1/3 will die as a result of tobacco related illnesses. Over 90% of adult smokers started before they were 18 years old. The law for not selling tobacco to minors is one of the most largely disregarded laws, she said. A University of Minnesota study showed that retailers across the State sell tobacco 30-70% of the time that teenagers attempt to purchase. The City has developed good protocol for conducting compliance checks in the City. Ms. McGuire disseminated a handout which showed how effective compliance checks have been in keeping tobacco out of the hands of minors. John Kinzell, SuperAmerica Stores, appeared and stated business people have an obligation to card minors. Seventeen year-olds think everyone looks older and, therefore, often do not check identifications. Mr. Kinzell said he would like to see a law mandating that if a person does not have identification, they cannot purchase cigarettes. Carding everyone would take some of the pressure off of a 17 year-old who has to card someone. Sometimes the clerk gets berated for asking. That same clerk has a tendency to not card the next person that comes in. Mr. Kinzell suggested LIEP let the store know when they have passed a compliance check so the clerk can be rewarded. Sometimes it is three weeks later that the store hears the clerk passed and it is hard to track the identity of the clerk without a time and date. He said he does his own cigarette stings in his eleven stores in the area. If the clerk does not pass three times, employment is terminated. Mr. Kinzell stated he would like to see a penalty placed on the minors. Bill Bahl, SuperAmerica Stores, appeared and stated they have an extensive training program for employees. At the corporate level,the compliance is not better than the high 80's. All 218 stores in Minnesota are covered with a corporate sting and every store is checked monthly by an area manager. Therefore, in a three month period, every store is checked four times. The underage person and the employee should be held accountable in some regard. Councilmember Megard stated that Target and a drug store in her ward stopped selling cigarettes. Mr. Bahl responded that 37% of Minnesotans smoke, most of them drive cars, and SuperAmerica does not want them to stop shopping at SuperAmerica. Miles Canning, MBC Presentations, appeared and distributed information showing an outline with information on the No Underage Tobacco Sales (NUTS) seminar. This is an alternative to simply paying a fine. A training program related to tobacco sales and suggestions on how to card minors is in order. SuperAmerica, Tom Thumb stores, and the Licensed Beverage Association all have good training programs. As an independent entity, Mr. Canning hopes to be relied upon to verify and certify that training has been accomplished and provide that information to LIEP. Mr. Canning has been working with LIEP and Saint Paul for the last four years in accomplishing alcohol awareness training for temporary liquor licensees. All temporary licensees are required to go through training before they are allowed to offer alcohol. It has been successful and cost effective. Kate Santelmann, managing attorney for the juvenile prosecution unit of the Ramsey County Attorney's Office, appeared to speak on the prosecution of minors. State Statute prohibits juveniles from possessing, smoking, chewing, ingesting,purchasing, or attempting to purchase tobacco or tobacco related devices. There is also a Saint Paul ordinance that makes similar conduct a violation. April 16, 1997, City Council Summary Minutes Page 10 It is a petty misdemeanor for the State and a misdemeanor for Saint Paul. If the offense occurs on the street,the police will issue the juvenile a petty misdemeanor citation the first time. The second time, the child is referred to the Youth Service Bureau and he/she is sent to a smoking program. For a third offense, the matter is referred to the County Attorney's Office for review and charging. Schools have their own disciplinary proceedings and the sanctions are the same as any misdemeanor offense charged under the city ordinance... up to and including an out of home placement for the child, a fine of up to $700, community service work. For a petty misdemeanor,the fine is up to $100, community work service, a drug awareness program, six months probation, chemical dependency violation, and out-patient treatment. In 1996,there were 149 tobacco violations referred to the County Attorneys Office. Of those, 38 were petitioned to juvenile court and 8 were declined. Councilmember Bostrom asked how many of the 149 cases were assessed a fine. Ms. Santelmann responded almost all are given an option of community work service or a fine, something along the lines of 15 hours of community work service or a$30 fine. The court makes it clear the fine is to be paid by the child and not the parents. Councilmember Megard asked what the Police Department's view is on tagging children on the streets. Mr. Bostrom responded that the tagging is relatively new for the officers. It becomes a matter of where the City wants to put its resources. In the scope of the police officers duties,there is not enough time for this. Rick Wilson, Four Seasons Automotive, 373 Ruth Street N, appeared and presented information entitled"Children and Tobacco,"which is their company policy. The first time a business gets tagged, there should be a warning and not a fine. It can get very expensive with city and federal fines, but there is no fine the first time in the federal regulations. Cigarettes bring customers in to buy other things. Employees and minors should start paying for something too, he said. If a business passes a compliance check, the license holder should get a bonus or reward for passing, such as reducing the license fee by $10. (Denny Reyes, Hazel Park Amoco, 1200 White Bear Avenue N, was not present) Councilmember Bostrom asked what procedures are in place to deal with employees. Virginia Palmer responded the clerk could be cited for sale of tobacco and splitting the fine between the business and the clerk has been discussed. Mr. Bostrom asked who enforces the federal law. Ms. Palmer responded it is under the Food and Drug Administration(FDA) and they would work with state and local officials. Janell Waldock McGuire said Minnesota is one of the states that will be used as a pilot. The FDA will choose a lead agency in each state and give them money to do the enforcement. April 16, 1997, City Council Summary Minutes Page 11 Councilmember Bostrom moved to adjourn the meeting. A 41Ik ED AT : 7 P.M. \ik` David Th �� ouncil President ATTEST: Minutes approved by Council Nancy An son -.\,\ WV] V] Assistant Council Secretary rn/mce