Approved Minutes 9-26-2001Page 1 of 9
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 26th, 2001 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• Suspension Item
• For Discussion
• Ordinances
• Suspension Item
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 21)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION.
THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY
A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Councilmember Coleman moved approval of the Consent Agenda
Yeas - 7 Nays - 0.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of American Family Insurance Group (for Roxanne Humenik), Steven Aspin, Law Offices of
Richard F. Carlson, Jr. (for Julie Paul), Gayle Porter, Matthew Rodewald, Colleen Rawson, and Chia
Yang.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Faye Marie Schneider vs. the City of St. Paul and Como
Zoo.
Referred to the City Attorney's Office
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3. Communication from Faegre & Benson LLP regarding Torrens Registration by Northeast Quadrant
LLC.
Referred to the City Attorney's Office
4. Communication from District Cooling St. Paul, Inc. regarding District Cooling rates effective October
2001.
Referred to the City Attorney's Office
5. Communication from District Energy St. Paul, Inc. regarding District Heating Rates effective October
2001.
Referred to the City Attorney's Office
6. Minnesota Pollution Control Agency public notice of intent to reissue national pollutant discharge
elimination system and state disposal system; Minnesota Brewing Company and its Subsidiary Gopher
State Ethanol LLC.
Referred to the City Attorney's Office
7. Letter from the Citizen Service Office /Division of Property Code Enforcement declaring 950 Clark
Street and 1619 7th Street East as nuisance properties. (For notification purposes only; public hearings
will be scheduled at a later date if necessary)
8. Administrative Orders:
D002068 Returning surplus Desnoyer Park CIB funds to contingency and reallocating the funds to
enable contract award for Edgcumbe Recreation Center Tennis Court Reconstruction.
D002069 Authorizing payment, not to exceed $1,300.00, to Samuel Verdeja, Parks and Recreation
Commission Chair, for expenses incurred while attending the 2001 National Parks and Recreation
Association Congress on October 2 -8, 2001, in Denver, CO.
D002070 Closing out a number of completed CDBG funded parks project and increasing funding at
Dunning Recreation Center project.
Noted as on file in the City Clerk's Office
FOR ACTION
9. Approval of minutes of August 22, 2001.
Adopted Yeas - 7 Nays - 0
10. Resolution - 01 -999 - Accepting the 2002 -2003 Community Health Services (CHS) Plan Update and
the Saint Paul Maternal and Child Health Grant for submission to the Ramsey County Board for their
approval and submission to the Minnesota Department of Health.
Adopted Yeas - 7 Nays - 0
11. Resolution - 01 -1000 - Approving the application for a Second Hand dealer -Motor Vehicle License
by Thomas M. Vang, dba Midsnelling Auto, 591 Snelling Avenue North. (Legislative Hearing Officer
recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
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12. Resolution - 01 -1001 - Agreeing to protect, indemnify and hold harmless the National Hockey
League, the Minnesota Hockey Ventures Group L.P., and Minnesota Wild hockey team and their
officers, agents and employees from any damages, costs, expenses, claims or causes of action arising
from the City's involvement in the youth "street hockey" program called NIKE/NHL Street Program
(The Program).
Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -1002 - Amending the budget in the Division of Code Enforcement to authorize use
of Weed and Seed grant monies for the ECON and Railroad Island districts and to enter into contracts
with said districts.
Adopted Yeas - 7 Nays - 0
14. Resolution - 01 -1003 - Authorizing the Human Rights Department to receive a grant from The
Minneapolis Foundation for the Social Policy Prevention Strategy (Prejudice Isn't Welcome).
Adopted Yeas - 7 Nays - 0
15. Resolution - 01 -1004 - Authorizing the Director of Public Works to sign the Preliminary Capital
Assistance program grant application on behalf of the City.
Adopted Yeas - 7 Nays - 0
16. Resolution - 01 -1005 - Providing sufficient funding at the budget control level of the Division of
Parks and Recreation's 2001 Grants /Aid Special Revenue Fund.
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -1006 - Authorizing the Department of Fire and Safety Services to accept a grant of
$99,874.00 for Emergency Management from the U.S. Department of Justice, Domestic Preparedness
Equipment Support Program.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -1007 - Authorizing the Department of Fire and Safety Services to enter into a
contract to participate in the development of a Metropolitan Medical Response System (MMRS) with
the City of Minneapolis in conjunction with the Department of Health and Human Services.
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -1008 - Authorizing the Police Department to enter into an agreement with the State
of Minnesota in order for the Police Department to provide ordnance disposal services to other
municipalities within the State of Minnesota.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -1009 - Authorizing the Police Department to enter into an agreement with the State
of Minnesota in order for the Police Department to provide psychological consultation to the Peace
Officers Standards and Training Board.
Adopted Yeas - 7 Nays - 0
21. Resolution - 01 -1010 - Authorizing the Police Department to enter into an agreement with the U.S.
Department of Justice, Drug Enforcement Administration, to participate in an Organized Drug
Enforcement Task Force.
Adopted Yeas - 7 Nays - 0
Suspension Item:
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Susan Kimberly, Deputy Mayor, presented a communication dated September 26, 2001, from Mayor
Norm Coleman, regarding his actions surrounding City security for the citizens of Saint Paul. They are
as follows: 1) Calling for an additional Police Academy as soon as is feasible to ensure that the staffing
levels within the Police Dept are at the full force of 578 officers before the end of this year. 2)
Requesting Chief Fuller, Fire and Safety Services Department, to perform an internal review within ten
working days to assess the City's preparedness regarding terroristic threats and biochemical acts of
terror. 3) City to work in concert with the newly developed national Homeland Security Commission to
ensure that all of Saint Paul's efforts are in line with the overall direction being called for by our
nation's leaders. 4) Calling upon national experts to objectively look at the City's security situation and
make any necessary recommendations to ensure continued safety. 5) Directing all of these efforts to be
coordinated with other local municipalities and their leaders.
FOR DISCUSSION
22. Resolution - 01 -837 - Seeking to maintain two -way traffic and parking on both sides of Scudder
Street between Blake Avenue and Gordon Avenue as part of the Knapp - Hillside RSVP Project. (Laid
over from September 12)
(See discussion on Page 8)
23. Final Order in Condemnation Proceedings - 01 -906 - In the matter of condemning and taking of
property rights as required for construction of Phalen Boulevard between Mississippi Street and Payne
Avenue. (File 418947 -A) (Adopted by the City Council on August 22, 2001, reconsidered and laid over
from September 5; laid over from September 12)
Councilmember Coleman moved to lay over to November 14.
Laid over to November 14 Yeas - 7 Nays - 0
24. Resolution - 01 -975 - Approving renewal of the City's contract with Saint Paul Neighborhood
Network (SPNN) for the provision of Public and Educational access services and community
programming. (Laid over from September 19)
Councilmember Blakey moved to amend the resolution to include a provision in the performance
agreement with the St. Paul Neighborhood Network that requires SPNN to develop a written policy
regarding the fair and equal treatment of candidates with regard to programs produced by and public
events covered by SPNN and that the policy be developed and in place by March 15, 2002.
Holly Hansen, Cable Communications Director, appeared and said she has discussed Mr. Blakey's
amendment with him as well as with the executive director of SPNN who indicated it is acceptable to
them but it would have to go to their Board for re- approval of the contract with the amendment.
Council President Bostrom accepted the amendment as friendly.
Councilmember Harris asked if there was any difference between this agreement and last year's
agreement. Ms. Hansen said there are a number of changes. One is that they tried to allow SPNN more
latitude in terms of how they were providing services. The older contract started in 1992 and went
through various revisions over time but it was a ten - year -old document aimed at a younger type of
organization. SPNN is more mature today and rather than the City telling them exactly what types of
classes they must have and when they must hold them, the language has been opened to give them more
flexibility in order to be able to meet the community demands. There have not been any other significant
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changes in terms of insurance provisions.
Adopted as amended Yeas - 7 Nays - 0
Clayton Robinson, City Attorney, provided a summary of the City Council's Closed Session of
September 26, 2001 regarding the case of the City of Saint Paul vs. Gopher State Ethanol, et al. The City
Council and the Mayor's administration have instructed him to proceed with the scheduling of a hearing
on the City's Motion for a Temporary Injunction, which the court will be asked to direct the plaintiffs to
immediately abate all of their nuisance activities at the West Seventh Street facilities. He has scheduled
the hearing for Thursday, November 15, 2001, at 1:30 p.m. before the Honorable Charles A. Flinn of the
Ramsey County District Court.
25. Eighteen -month update from the Office of Labor Relations on their work plan schedule in response
to the Council Research Performance Audit. (Update requested by the City Council on March 28, 2001)
Kathy Megarry, Labor Relations Director, presented a written report to the Council indicating that all
contracts have been settled.
Councilmembers extended their appreciation to Ms. Megarry for the good job she is doing in dealing
with issues, getting contracts settled, returning phone calls in a timely manner.
Public Hearings - (No public hearings on this date)
26. Resolution - 01 -189 - Ordering the owner to remove or repair the building at 2257 Hillside Avenue
within fifteen (15) days from adoption of resolution. (Laid over from May 2) (Legislative Hearing
Officer recommends laying over to the September 25 Legislative Hearing and October 3 City Council
Meeting)
(Note: This item will be laid over to October 3 as there will be no public hearing on this date)
Gerry Strathman, Legislative Hearing Officer, reported he held a hearing on this matter on September 25
and recommended that a public hearing be held on October 3.
Councilmember Benanav moved to lay over to October 3.
Laid over to October 3 Yeas - 7 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
27. Final Adoption - 01 -864 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code;
properly citing state law for Food Manager Certification.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
28. Final Adoption - 01 -909 - An interim ordinance pursuant to Minnesota Statute 462.355, Subdivision
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4, preserving the status quo with respect to the use of property in the area located on Prior Avenue, north
of University Avenue, east of the railroad right -of -way, and south of Minnehaha Avenue (a parcel
presently occupied by the Knox Lumber Company) pending completion of the study and any possible
amendments to the City's Comprehensive Plan or Zoning Ordinance necessary to give effect to the
study.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
29. Final Adoption - 01 -936 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
altering the hearing requirements for revocation of a provisional taxicab driver's license.
Eleni Skevas, Deputy City Attorney, explained the substitute ordinance noting that language was added
putting in a requirement that the notice of the intent to revoke the provisional taxicab driver's license is
not only sent to the applicant but also published once in the "Communications" section of the City
Council agenda.
Councilmember Lantry moved to introduce the substitute and lay over to October 3.
Substitute laid over to October 3 for final adoption
Yeas - 7 Nays - 0
30. Third Reading - 01 -964 - An ordinance memorializing City Council action taken August 15, 2001,
granting the application of ALCORN, Inc. to rezone property from B -2 to B -3 to allow for construction
of an auto repair station at 1581 Ford Parkway between Snelling and Macalester Avenues. (Public
hearing held August 1, 2001)
Laid over to October 3 for final adoption
31. Second Reading - 01 -982 - An ordinance placing the position titled Library Director in the
unclassified service pursuant to Section 12.02.2(H) of the City Charter.
Laid over to October 3 for third reading /public hearing
32. Second Reading - 01 -983 - An ordinance memorializing City Council action granting the application
of Richard Hamden to rezone property from B -2 (Community Business) to B -3 (General Business) to
allow indoor auto sales at 459 Toronto Street. (Public hearing held August 22, 1001)
Laid over to October 3 for third reading
Susbension Item
Councilmember Lantry moved suspension of the rules and first reading of the following ordinance.
First Reading - 01 -1011 - An ordinance amending the interim ordinance in Council File No. 01 -648
which established the Arcade Street Study Area and which imposed a moratorium on the use of property
in the study area pending completion of the study and any possible amendments to the City's
Comprehensive Plan or zoning ordinances deemed necessary to give effect to the study.
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Laid over to October 3 for second reading Yeas - 7 Nays - 0
22. Resolution - 01 -837 - Seeking to maintain two -way traffic and parking on both sides of Scudder
Street between Blake Avenue and Gordon Avenue as part of the Knapp - Hillside RSVP Project. (Laid
over from September 12)
Ted Vanderbeek, Fire and Safety Services, appeared. He said when the Scudder Street project started,
the Fire Department was contacted by Public Works as all Public Works' construction projects are
reviewed by the Fire Marshall's Office. If there are changes that need to be made after reviewing the
project, recommendations are made to Public Works.
The Scudder Street project is calling for the street to be 27 feet wide. Parking is currently allowed on
both sides and they would have to deduct the allowance of seven feet per vehicle which would make the
thoroughfare width 13 feet on that project. Mr. Vanderbeek said a letter was distributed on September 11
to City Council members on behalf of the Fire Chief who had indicated that in the interest of public
safety he wants that street to have parking on one side only. St. Paul Legislative Code 55.01, which has
adopted the Minnesota Uniform Fire Code, addresses "an unobstructive width of not less than 20 feet
and can be increased when in the opinion of the Fire Chief the street widths are not adequate to provide
for fire apparatus." This is enforceable under the Minnesota Fire Code.
Mr. Vanderbeek said they asked the Fire Marshall to research this. It is his opinion that if they were to
allow anything less and give a variance they would be in violation of the State Code without having the
equivalent of similar fire protection systems in those homes of fire sprinklers.
All the fire apparatus in St. Paul is 8 feet wide with 30 inch doors to access equipment on each side of
the vehicle Vanderbeek said. They have to add an additional 5 ft. consideration to the 8 ft. width to
access equipment and for firefighters to do their jobs for both the safety of the citizens and the
firefighters. That is 13 feet just to open the
vehicle. The project is 27 feet and if parking is allowed on both sides of the street it only allows 13 feet
on both sides.
There was an issue of one handicapped person who lives on Scudder and variances have been given for
handicapped parking for individual homeowners.
Councilmember Benanav asked what the Fire Department does on other city streets that don't have the
required access. Mr. Vanderbeek said that as those projects come up and are reviewed by the Fire
Department, adjustments have been made. The recommendation is that parking should only be allowed
on one side of streets where appropriate access is not allowed.
Councilmember Benanav questioned why, if this is such a safety issue, two sided parking is not banned
immediately instead of waiting for street reconstruction. Mr. Vanderbeek responded that if it is the wish
of the Council to ban two -sided parking on a street, the Fire Marshall and the Fire Chief will direct
inspectors to do so. However, it would be labor intensive to go through each street and make a
determination. It is not the wishes of the Fire Department to take away parking from streets but they
have been dealing with them as reconstruction is done.
Councilmember Blakey asked if the City is indemnified if there is a fire and the rigs are not able to get
to a home in a timely fashion. Eleni Skevas, Deputy City Attorney, responded that the question of
liability is not about indemnification but rather about whether the City, after policy considerations and
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other factual considerations, made the best decision for the City as a whole in that instance.
Councilmember Benanav said the residents want parking to remain on both sides of the street as it
always has been.
Councilmember Coleman questioned why this street is an unusual situation and what has been done in
other neighborhoods. Mr. Vanderbeek responded that the style of fire apparatus and emergency vehicles
have changed over the years and are much larger. They have had to adapt when Public Works has given
them a project and that is also when they look at the street design. There also was a question about
damage liability as private vehicles have been damaged by emergency vehicles going to a scene. The
city is liable for that damage. There is an opportunity at this time with this project to make a change.
Councilmember Coleman asked if the streets that were improved during the RSVP project on the West
Side last year were all done to 30 feet. Lisa Falk, Department of Public Works, appeared and said when
a reconstruction project is done, they aim for a 32 ft. street. If the existing street is narrower than that,
often the neighborhood wants to keep it narrower and Public Works will go to 30 ft. and allow parking
on both sides with little discussion. Streets that are narrower than that takes more discussion.
Occasionally they will build a street that is less than 30 ft. and allow parking on both sides. This has
been done where there is permit parking and the parking is limited but there were a limited number of
cars. In the area being discussed, it is much more heavily parked and would be much more difficult for
the Fire Department to gain access.
Lambert Krinke, Scudder Street, appeared. He said this issue is not about fire safety or the safety of
firefighters. Residents of Scudder Street between Gordon and Blake unanimously want parking retained
on both sides of the street. He said they have been responsible citizens and have followed the city's
process for deciding how a rebuilt Scudder Street would function. In March, 2001, the city proposed a
one -way street, 27 feet wide with parking on both sides or a two -way street, 28 feet wide with parking
on one side. The residents wanted the street left the way it was but unanimously they selected the one -
way, 27 feet wide street with parking on both sides. He said that option was acknowledged by Lisa Falk.
They have now been told by Public Works that they would not like a one -way street and the Fire
Department intends to restrict parking to one side of the street. He noted that many streets in the city
have a narrower driving lane than Scudder Street with two sided parking. Twenty of those streets were
listed on a handout for the Council.
If the Fire Department insists it is critical to limit parking on Scudder Street, Mr. Krinke asked if
parking should not be limited on all the streets that have been identified having a narrower driving lane.
Mr. Krinke said curbs were installed to a width of 26 -1/2 to 27 feet presumably 75 -85 years ago.
Scudder Street has now been repaved to a width of 27 feet. However, much of the street is six inches
wider than it was before. Parking on Scudder now uses approximately 60 percent of the two -sided
parking capacity according to Public Works' parking surveys. Restricting parking to one side would
mean actual parking would be more than 110% of one side parking capacity. He said the Fire vehicles
have never had a problem getting through Scudder and fighting fires nor have ambulances. The Fire
Department told residents they need a minimum of 14 feet to deploy ladder truck outriggers and that
they need a minimum of 15' 2" to set the outriggers and maneuver around the truck. The Fire
Department originally said a parking lane is 6 feet wide and Public Works said 7 feet is needed for a
parking lane.
Cars are parked randomly on both sides of Scudder allowing 21 to 27 feet of operating space. He further
noted that access is also available from six driveways and a T intersection within one block. There is a
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full width street behind the houses on one side of Scudder and a wide alley behind those on the other
side.
Mr. Krinke said one sided parking would create a freeway side roadway on Scudder. Residents included
handicapped, elderly, and parents with young children who would have to cross a 21 ft. roadway to get
to their cars.
Councilmember Benanav said the neighbors were told different things and it's unfair. They acted in
good faith and every time they agreed to something, it was changed. If the Council takes the action of
banning parking on one side of the street, it should be
recognized that a precedent is being created. There has never been an issue, he said, and parking should
be allowed on both sides of the street.
Councilmember Benanav moved approval.
Councilmember Coleman concurred that the neighbors were given mixed information but said the issue
is what is in the best interest of public safety. It needs to be clear that from now on when a street is re-
done it is done to a width that allows for full operation of fire and safety vehicles or else it becomes one -
sided parking. Then there should not be an option when streets are re -done.
Failed Yeas - 3 Nays - 4 (Bostrom, Coleman, Lantry, Reiter)
Councilmember Coleman moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 4:35 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson October 24, 2001
Assistant Council Secretary
mce
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