Approved Minutes 5-21-2003Page 1 of 8
SUMMARY MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, May 21, 2003 - 3:30 p.m.
POLICY SESSION AND PUBLIC COMMENT
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
The meeting was called to order 3:30 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 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 Blakey requested Items 12 and 18 be removed for discussion.
Councilmember Coleman moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of LeeAvia Anderson, William Bright, Christopher Deno, Dudley and Smith (Attorneys for
John Owen), Howard Goserud, James Halvorson, Pascal Pimptor, Jesus Preciado, Redlinger Law Firm
(Attorneys for Kazia Moua), Veronica Thouin, Sally Wingert and Charles Worthington.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Tanna Barnett, o /b /o her minor sons Shawn James and
Keyaun James, vs. the City of St. Paul, et. al.
file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_160809\Approved ... 12/15/2010
Page 2 of 8
Referred to the City Attorney's Office
3. Order to Show Cause in the matter of the Petition of the Minnesota Police and Peace Officers
Association in relation to the Certificate of Title No. 387529 issued for land in the County of Ramsey.
Referred to the City Attorney's Office
4. Letters from the Citizens Service Office /Division of Property Code Enforcement declaring 1076 Blair
Avenue and 837 Fourth Street East as nuisance properties. (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on June 5, 2003, at 9:30 a.m., Room 220, Conference Room B, Saint Paul City Hall, 15 W. Kellogg
Blvd., concerning the application for a Taxicab Driver's License by James Rejsa.
6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on June 12, 2003, at 9:30 a.m., Room 42, Saint Paul City Hall, 15 W. Kellogg Blvd. Concerning all
licenses held by Cab's Pub & Eatery, Inc., dba Cab's Pub & Eatery, Inc. for the premises at 992 Arcade
Street.
7. Letter from the Real Estate Division announcing a public hearing before the City Council on June 4,
2003, to consider a petition granting a license to the Bureau of Criminal Apprehension to occupy and
use a one foot wide strip within Johnson Parkway running from the I -94 right -of -way to Phalen
Boulevard for the purpose to install, maintain and operate a fiber -optic communications cable.
8. Administrative Orders:
D002293 Approving payment, not to exceed $50,000.00, to hire programming services towards building
an Exam /Applicant system in Oracle to replace the outdated PICK system as part of Human Resources'
business system conversion.
D002294 Amending the 2002 General Fund budget within the Department of Fire and Safety Services to
cover year -end variances.
D002295 Allocating funds from Ward 3 Neighborhood Investment Initiative Program to Books for
Africa, Inc.
D002296 Authorizing payment, not to exceed $1,500.00, for the Police Department's annual Police
Memorial Day Ceremony and Reception on May 15, 2003, at Mears Park.
Noted as on file in the City Clerk's Office
FOR ACTION
9. Resolution - 03 -450 - Approving the Memorandum of Agreement between the City of Saint Paul and
the International Union of Painters and Allied Trades District Council 482 for the 2003 wage and fringe
adjustment. (Laid over from May 14 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -451 - Approving the establishment of two classified positions entitled "Food Service
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160809\Approved ... 12/15/2010
Page 3 of 8
Assistant 2" in the 2001 -2003 Labor Agreement between the Independent School District 4625 and the
Minnesota Teamsters Local No. 320 representing Food Service Personnel and "Food Service Reporting
Clerk" in Grade 026 of the 2002 -2004 Labor Agreement between the Independent School District 4625
and the American Federation of State, County and Municipal Employees, Local 14. (Laid over from
May 14 for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -473 - Approving the appointment, by Mayor Kelly, of Gary Christensen and Traci
Gauer to the Ramsey County Workforce Investment Board.
Adopted Yeas - 7 Nays - 0
12. (Discussed after the consent agenda)
13. Resolution - 03 -475 - Approving the Traffic Control Signal Agreement between the State of
Minnesota, Department of Transportation, and the City of Saint Paul to revise the existing traffic control
signal with street lights, emergency vehicle pre- emption and signing on Trunk Highway No. 5 (West 7th
Street) at Abion Avenue.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -476 - Authorizing the Police Department to enter into a multi- agency law
enforcement agreement with the Crow Wing County Sheriff's Department for participation in the St.
Paul Police Department's Internet Crimes Against Children Task Force (ICAO)
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -477 - Authorizing the subordination of certain security documents securing the
STAR loan to the Minnesota Business Academy.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -478 - Referring to an Administrative Law Judge the license application for a Malt
On Sale (Strong), Wine on Sale, Entertainment (B) and Restaurant (B) Licenses by Mai Yia Lee, dba
Samosone Restaurant, 1177 Clarence.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -479 - Authorizing payment of $10,500.00 to Sia and Mai Thao and their attorneys,
Chestnut and Cambronne, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
18. (Discussed after the consent agenda)
19. Resolution - 03 -481 - Memorializing City Council action taken on April 23, 2003, granting the
application of the Metropolitan Council (Eastside Bus Garage) approving the preliminary and final plat
creating two industrial lots at 800 Mississippi (between York and Minnehaha Avenues).
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -482 - Authorizing the proper City officials to submit a grant application for the
Ramsey County Soccer Partners grant of $1,000,000 for the development of six fields for the Sandy
Lake soccer complex.
Adopted Yeas - 7 Nays - 0
21. Resolution Approving Assessment - 03 -483 - In the matter of the assessment of benefits, cost and
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160809\Approved ... 12/15/2010
Page 4 of 8
expenses for providing weekly garbage hauling service for the first quarter of 2003 (J03TRASHIQ),
summary abatements (property clean -up) for part of April of 2003 (J0304A), and setting date of public
hearing for July 23, 2003.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -474 - Approving the appointment, by Mayor Kelly, of Andy Dawkins as Director of
the Office of Neighborhood Housing and Property Improvement, Assistant to the Mayor V, effective
June 3, 2002.
Councilmember Blakey expressed concern about the appointment of Mr. Dawkins due to the fact that he
himself has had repeated violations. He said he does not feel it is the type of standard and message that
the City wants to send to its citizens; if one happens to work for the City and at the pleasure of the
Mayor that there are two different standards, i.e., if you are a city official you do not necessarily have to
follow the law but if you're a citizen, you are required to follow the law. If a person is a City official,
and particularly a director, there should be a higher standard. He said he would not support the
appointment.
Councilmember Reiter responded to Blakey saying some of his concerns were legitimate but if they look
at a larger picture of what has happened in the Office of Neighborhood Housing and Property
Improvement since Mr. Dawkins has been there, there has been a complete turnaround due to his
leadership.
Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 1 (Blakey)
18. Resolution - 03 -480 - Appointing outside counsel of Kennedy and Graven to represent the City in
the matter of the acquisition, relocation and possible condemnation of certain property for secure
parking for the new police headquarters site (Griffin Building).
Adopted Yeas - 7 Nays - 0
Councilmember Blakey asked if an RFP process was done in hiring this outside counsel and he
questioned what the cost will be.
Manuel Cervantes, City Attorney, responded that with the area they are talking about - condemnation
and property acquisition - it is a very specialized field and there are very few law firms that do this kind
of work in both the city and the state so it did not go out for an RFP. Two or three of the recognized
firms who have the expertise were looked at and they settled on Kennedy and Graven.
Councilmember Blakey asked if it is then solely based on expertise. Mr. Cervantes responded that it is
primarily based on expertise. The City has be very satisfied with this firm in the past. There was a
similar situation recently where the City worked with the firm and brought it to resolution where it
didn't cost the City an exorbitant amount of money. Because they are talking about condemnation and
they get into property valuations, there is always an extreme difference between what the City's
appraisers come up with and what the private market appraisers might come up with. Based on that
recent experience, they settled on Kennedy and Graven.
There is a scope where the City is saying how much they are willing to pay this firm to do a specific
action, Blakey said. Also, he asked if they look at firms that have a good track record of having people
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160809\Approved ... 12/15/2010
Page 5 of 8
of color on staff. Mr. Cervantes responded that the Administration and the City Council has made that
kind of diversification a priority, the City Attorney's Office is cognizant of that. They have been
contacted by national organizations that represent women and minority law firms but they have not gone
out of state. However, because of the expertise in this field, the City Attorney's Office is not aware of
any woman or minority law firms that do condemnation work. There would need to be a further analysis
to see whether the staff at Kennedy and Graven or any of the other firms have minority staff.
Councilmember Benanav said he would like to see a list of other firms the City has used and why
Kennedy and Graven was chosen rather than Marc Manderscheid who has done a lot of the City's
condemnation work. He also asked what the cost will be to the City.
Peter Warner said several years ago the City compiled a list of outside counsel and there are
approximately 30 law firms on the list with each one identifying an area of expertise. With the
acquisition of the Griffin Building, the City Attorney's Office looked at the need for a secured parking
facility adjacent to the Griffin Building for the Police Department. It became clear to the Attorney's
Office that there are some issues involving matters regarding severance damages and perhaps offering
replacement parking opportunities. Those are things that the Attorney's Office felt they did not have the
expertise to adequately do a good job on so that the City would not be exposed to additional damage
liability so they felt there was a need to go to outside counsel. Mr. Warner talked to four firms; two were
conflicted out by their own choice which left them with Kennedy and Graven and Briggs and Morgan.
Attorneys from those firms came to a meeting where City Real Estate and Public Works were present to
meet the lawyers to determine what their working relationship would be. It was agreed to go with
Kennedy and Graven based upon the experience they had condemning the Minneapolis Convention
Center and their parking requirements. Marc Manderscheid was selected to do the White Bear Avenue
condemnation because it was felt he had a particular type of expertise with respect to the acquisition in
that neighborhood.
Each firm provided a cost estimate. For both projects, Kennedy and Graven submitted an amount of
$30,000 taken up through the commissioners hearings and Mr. Manderscheid submitted his normal
hourly rate of $190 which he charges both the HRA and the City.
Councilmember Benanav said he would like to know how often the estimates received by the City were
actually what was paid. Mr. Warner said he was not sure because the City rarely hires outside counsel to
do this type of work.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
22. Report from the Office of License, Inspections and Environmental Protection (LISP) on the
Citizen's Advisory Committee report summarizing their findings, conclusions and recommendations of
LIEP's practices and procedures (including LIEP's timelines for written policies, corrective orders and
citations, gambling, and ethics and conflict of interest policies). Also, a report will be provided whether
AMANDA has the capability to include parameters and if it has a second technological level to target
high activity properties. (Council requested these reports on February 19)
Janeen Rosas, Director of the Office of LISP, appeared to present a progress report. She indicated that
the final report is not ready as the Advisory Committee has not completed its work. They have met five
times, every other Thursday, and their last meeting is scheduled for May 29.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160809\Approved ... 12/15/2010
Page 6 of 8
The Council agreed to wait eight weeks to receive a report with the expectation that the Advisory
Committee will have completed its work by then.
Councilmember Blakey asked Ms. Rosas if the Business Review Council (BRC) will be looking at the
reports. Ms. Rosas responded that one of the members of the group is Bill Cosgriff who is the President
of the Business Review Council and he has been briefing the BRC on the groups work. It will be a
public document once it is finalized and will be sent to the BRC.
Councilmember Coleman moved to lay over eight weeks.
Laid over to July 16 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
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
23. Final Adoption - 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code
pertaining to sports facilities sponsorship signs. (Substitute introduced and laid over from May 7)
Council President Bostrom noted that there was a substitute ordinance but additional background
information is being gathered which includes some of the conditions that the RiverCentre has in place
for determining who can advertise. Councilmember Lantry suggested it be laid over until the Council
receives an opinion back from the City Attorney on questions that were raised by the Council.
Manuel Cervantes, City Attorney, noted that Bob Bierscheid, Division of Parks and Recreation, has
been meeting regularly with Assistant City Attorney Peter Warner and he asked Mr. Bierscheid if they
have resolved some issued. Mr. Bierscheid said that Mr. Warner has studied the content issue and he
feels there is case law that the content issue can be controlled.
Councilmember Benanav said the issue of sponsorship was also raised and that needs to be addressed.
Councilmember Harris said there is also the issue of groups having to get a variance for signs and if a
variance is denied, whether they could say they are entitled to it because the City has given them to
itself. He asked for a legal opinion on that concept.
Councilmember Blakey moved to introduce the substitute ordinance and lay over two weeks.
Substitute introduced and laid over to June 4 for final adoption and public hearing on the new substitute
Yeas - 7 Nays - 0
(Reiter left)
24. Second Reading - 03 -469 - An ordinance amending Title II of the Saint Paul Administrative Code by
adding a new chapter thereto pertaining to the adoption of "council ward boundaries."
Laid over to May 28 for third reading /public hearing
25. First Reading - 03 -484 - An ordinance amending the Saint Paul Legislative Code, Appendix F,
file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_160809\Approved ... 12/15/2010
Page 7 of 8
District Heating Franchise - District Heating Development Company, and Appendix K, District Energy
Services Franchise, to grant the franchise holder legal authority to use the public right -of -way to install a
fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey.
Councilmember Coleman moved to introduce a substitute ordinance and lay over one week for second
reading.
Substitute introduced and laid over to May 28 for second reading
Yeas - 6 Nays - 0 (Reiter not present for vote)
(Reiter returned and Coleman left)
Recalled Item
Councilmember Benanav stated that the following resolution had been laid over indefinitely because the
Department of Public Works and the gardeners had disagreements. They have now worked out their
differences and he moved to recall the ordinance.
Yeas - 6 Nays - 0 (Coleman not present for vote)
Final Adoption - 02 -570 - An ordinance establishing a new height limit for boulevard plantings of 36
inches, except for plantings within fifteen feet of any intersection or within five feet of any alley,
driveway approach or public utility fixture where plantings may not exceed the current height
requirement of twelve inches in height. (Laid over indefinitely on October 23, 2002)
Councilmember Benanav moved to introduce a substitute ordinance and lay over one week for final
adoption.
Substitute introduced, and laid over to May 28 for final adoption
Yeas - 6 Nays - 0 (Coleman not present for vote)
26. POLICY SESSION AND PUBLIC COMMENT PERIOD
Parks and Recreation Reorganization
L Overview of the Parks and Recreation Reorganization and Budget Discussion
• Bob Bierscheid, Director
• Judy Barr, Manager of Recreation Services
11. Perspective from Stakeholders
• Parks Commission
Al Paulson
• Employee Representatives
Robin Madsen & Kurt Erickson, AFSCME Technical
Dave Wagner, Saint Paul Supervisors Organization
• Friends of the Parks
Peggy Lynch
• Booster Clubs
Jim McDonough
• Saint Paul Rec Alliance
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160809\Approved ... 12/15/2010
Page 8 of 8
Marty Wolf
III. Public Comment Period
The City Council requested that the Director of Parks and Recreation report back at the May 28 Council
Meeting regarding the input received from the various participants at the Parks and Recreation
Reorganization Policy Session.
Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 6:35 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson June 25, 2003
Assistant Council Secretary
mce
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160809\Approved ... 12/15/2010