Minutes 10-19-1994 SUMMARY OF THE SAINT PAUL CTTY COUNCIL
Wednesday, October 19, 1994 - 3:30 PM
CITY COUN�IL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Council President Thune called the meeting to order at 3:38 p.m.
Present - 6- Councilmembers Blakey, Guerin, Harris, Megard, Rettman, Thune
Absent - 1- Councilmember Grimm (anived shortly after the roll call)
MISCELLANEOUS
46. Presentation to the City of St. Paul of a"Public Statement of Support for the Law
Enforcement Community" by Ken Wilkinson, Anoka County Sheriff.
Sheriff Wilkinson said this statement of support was initiated by Anoka County
Commissioner Dennis Berg following the recent deaths of two St. Paul police officers to
show support for the law enforcement community. Mr. Wilkinson presented the of�cial
statement to Mayor Coleman.
45. 'Turn Off the Violence Day" presentation by George Severson, Turn Off the Violence
Media Specialist.
Ms. Lea Skurdal, Project Coordinator for Turn Off the Violence, made the presentation.
October 27, 1994 has been designated 'Tum Off the Violence Day." Ramsey County and
the City of St. Paul is sponsoring a special event for all employees concerning this issue.
Ms. Skurdahl described the project, encouraged activities on that day and handed out a
packet of information that provides additional information on this project.
CONSENT AGENDA
Councilmember Grimm moved approval of the Consent Agenda.
Roll Call Yeas - 7 Nays - 0
Councilmember Rettman addressed Item #18 - Resolution 94-1529 - establishing a grant for
AFSCME Local 2508 to offer a new training program for clerical staff. She stressed the
importance of future change in clerical skills, attitude and workforce readiness.
Lt. Don Pastemack, Commander of St. Paul Police Canine Unit, issued a"citation" to
Councilmember Rettman on behalf of every officer in the Canine Unit for her efforts in
helping to eliminate health and safety hazards to dogs.
FOR ACTION
1. Claims of Dudley and Smith (for Thomas Benedum), John Schramm, State Farm Insurance
(for Lorcha Yang & Molar Yangj, Paula Stimmler, Dorothea Vik, and Lisa Willey.
Refened to the City Attorney's Office ,
October 19, 1994 City Council Summary Minutes Page 2
2. Amended Summons and Complaint in the matter of Martelle Bernadine Sherman vs. the
City of St. Paul, et al.
Refened to the City Attorney's Office
3. Letter from the Division of Public Health declaring 902 Jessamine Avenue East as "nuisance
property". (For notification purposes only; public hearing will be scheduled at a later date if
necessary)
4. Letters from the Division of Public Health declaring 675 Cook Avenue East; 611 Edmund
Avenue; 106 Manitoba Avenue; 696 Sixth Street East; 255 Page Street East; and 337
Saratoga Street South as "nuisance properties" and setting dates of hearings before the
Legislative Hearing Officer on November 1, 1994, and before the City Council on November
9, 1994.
5. Letter from the Office of the City Attorney setting date of public hearing for November 2,
1994, concerning adverse action against licenses held by The Mao Family Corporation, dba
Wolter Brothers Pharmacy and Liquor, 438 University Avenue West. (Uncontested)
6. Petition of the City of Saint Paul for the vacation of part of Lots 7 and 8, Block 6, Rice and
Irvines Addition, located at the intersection of West Fifth Street and West Seventh Street.
Refened to the Real Estate Division for check as to form and sufficiency
7. Administrative Orders:
D00272 Amending the 1994 budget spending plan in the Department of Planning and
Economic Development/Operations Fund for a$15,000 1994 membership
payment to the Metro East Development Partnership.
D00273 Amending the 1994 budget spending plan in the Division of Public
Health/Special Revenue to transfer spending authority between various special
activities object codes.
D00274 Amending the 1994 budget in the Department of Planning and Economic
Development/CDBG fund by adding $47,500 for the 1994 Headstart Expansion
project.
D00275 Amending the 1994 budget in the Mayor's Budget Office by reallocating
spending authority for payment of services rendered by the consultant hired by
the Joint Property Tax Committee to work on fiscal reform efforts.
D00276 Addition of 599,710.27 to the contract for Edgcumbe-St. Dennis Sewer
Separation and Street Improvement.
D�277 Addition of $31,016.47 to the contract for Goodrich-Western Outlet Sewer
Separation.
D00278 Addition of $8,263 to the contract for installing fireproofing material on the
ceiling of the fire training building at 1695 Energy Park Drive.
D00279 Amending the 1994 budget in the Division of Public Health/Special Revenue to
transfer spending authority between various special project activities.
D00280 Amending the 1994 budget in the Division of Public Health/General Fund to
transfer spending authority between various general fund activities object codes.
D00281 Approving lodging expenses not to exceed 577.97 for Charlene Petinoit,
Zookeeper.
October 19, 1994 City Council Summary Minutes Page 3
Noted as on file in the City Clerk's Office
8. Resolution - 94-1522 - Approving renewal of On Sale Liquor Club-B and Sunday On Sale
Liquor License by Hillcrest Country Club, Inc., dba Hillcrest Country Club, 2200 East
Larpenteur Avenue. (ID #48818) (To be laid over one week for adoption)
Laid over to October 26 for adoption
9. Resolution - 94-1523 - Approving renewal of On Sale Wine License by M.R.S. Catering,
Inc., dba Grand Cafe, 1659 Grand Avenue. (ID #877201) (To be laid over one week for
adoption)
Laid over to October 26 for adoption
10. Resolution - 94-1524 - Approving renewal of On Sale Ma1t (3.2), Health/Sport Club, and
Tanning Facility License by Joseph J. Nichols, dba St. Clair Racquet Club, 1560 St. Clair
Avenue. (ID #96688) (To be laid over one week for adoption)
Laid over to October 26 for adoption
11. Resolution - 94-1525 - Approving renewal of various On Sale Wine and Supporting Licenses
by: Carbone's Pizza, 680 7th Street East; and The Italian Oven, Inc., 1786 Minnehaha
Avenue East. (ID #15898-75025) (To be laid over one week for adoption}
Laid over to October 26 for adoption
12. Resolution - 94-1526 - Approving application for renewal of various Class III and Supporting
Licenses by: Ran View Post #6210, 698 Stewart Avenue; Dayton's Parking Ramp St. Paul,
411 Cedar Street; Midas Muffler, 1697 7th Street West; Carl S. & Mary Kaye Pedro, 242 8th
Street East. (ID #19531-45891) (To be laid over one week for adoption)
Laid over to October 26 for adoption
13. Resolution - 94-1468 - Approving the appointment of Linda Dieleman, by Mayor Coleman,
to the Saint Paul Food and Nutrition Commission. (Laid over from October 12 for
adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 94-1469 - Approving the appointments of 25 individuals, by Mayor Coleman, to
the Public Safety Advisory Council. (Laid over from October 12 for adoption)
Adopted Yeas - 7 Nays - 0
15. Preliminary Order - 94-1527 - In the matter of condemning and taking all property necessary
to construct and maintain a holding pond for the Grand/St. Albans Sewer Project, and
setting date of public hearing for December 4, 1994.
Adopted Yeas - 7 Nays - 0
16. Resolution - 94-1470 - Approving the Memorandum of Agreement between the City of St.
Paul and the United Association of Plumbers Local 34 and the Sprinkler Fitters Local
Union 417. (Laid over from October 12 for adoption)
Adopted Yeas - 7 Nays - 0
October 19, 1994 City Council Summary Minutes Page 4
17. Resolution - 94-1528 - Approving a second amendment to the Joint Powers Agreement for
the Minneapolis/Saint Paul Housing Finance Board.
Adopted Yeas - 7 Nays - 0
18. Resolution - 94-1529 - Authorizing transfer of $25,000 from Council Contingency to establish
a matching grant for AFSCME Loca12508 to offer a new training program for clerical staff.
Adopted Yeas - 7 Nays - 0
19. Resolution - 94-1530 - Approving the allocation of 1994 Emergency Shelter Grant funds
received from the U.S. Department of Housing and Urban Development (HUD) in the
amount of $253,(�0.
Adopted Yeas - 7 Nays - 0
20. Resolution - 94-1531 - Approving payment of $35,000 to Felicia Coleman in full settlement
of her claim against the City of St. Paul and Steven Herbert.
Adopted Yeas - 7 Nays - 0
21. Resolution - 94-1532 - Approving the appointment of outside counsel to represent the City
of St. Paul in a workers' compensation claim.
Adopted Yeas - 7 Nays - 0
22. Resolution - 94-1533 - Establishing the rate of pay for Fire Protection Engineer in the Salary
Plan and Rates of Compensation Resolution.
Adopted Yeas - 7 Nays - 0
23. Resolution - 94-1534 - Agreeing to indemnify and hold harmless Concordia College of Saint
Paul during the use of their athletic facility by the Martin Luther King Recreation Center
Track Team from October, 1994 through April, 1995.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
24. Resolution - 94-1427 - Reaffirming the Mayor's and City Council's desire to continue
residential street paving after sewer separation is complete, and set the target level of
funding at a level to complete this work in 13 to 15 years. (Amended and laid over from
October 5; laid over from October 12)
Councilmember Harris moved for suspension of the rules to introduce a substitute
resolution.
Roll Call Yeas - 7 Nays - 0
Tom Gmeinder, Chair of the CIB Committee, presented a June 1994 resolution from the
CIB regarding residential street paving. Prior to the sewer separation project, the City had a
less ambitious street paving program in place. The funds for that program, however, were
often allocated for emergency funding of other projects. The CIB Committee is concerned
that if this resolution is approved without a permanent funding plan, the sewer separation
paving program will not be implemented. Based on his estimate, Gmeinder stated that the
city will need between $9 and $12 million a year for residential street paving. Once the
entire sewer separation paving is completed, CIB is concemed about future funding of city
October 19, 1994 City Council Summary Minutes Page 5
street paving. CIB projects a lifespan of 33 years per paving which would require 15 miles
of streets be paved each year on an on-going basis at a cost of approximately $9-12 million
per year. Mr. Gmeinder questioned the use of bonds to finance on-going maintenance
rather than using a pay-as-you-go program. Presently, the cost to the City for the sale of
each $10,000,000 of bonds is $90,000. Using pay-as-you-go �inancing rather than bonding, at
an assumed interest rate of 8 percent, would save the city approximately $4,600,000 each
year. Initial savings would be lower, and CIB recommends that this change be phased in
over five years starting with 20 percent the �rst year. Tom Gmeinder further stated that city
tax-exempt properties pay nothing toward residential streets but do pay the maintenance
charge on their property taa� bills. Since this is a maintenance program, the CIB Committee
believes the costs should be included as part of the maintenance charge for tax-exempt
properties. His understanding is that approximately 40 percent of St. Paul property is tax
exempt. At that rate,. treating paving costs as street maintenance charges would provide
residential and commercial tax payers a yearly talc savings of almost $8.5 million. Mr.
Gmeinder believes that the present method of setting aside a specific pot of money for
paving will not be successful because money from this fund will likely end up being allocated
for other city expenses. If, however, the money is designated as a street maintenance fund ,
it can be used for only that purpose. He concluded that if the city wants streets paved, it
needs to provide a method of long-term funding.
Councilmember Rettman stated that the resolution does not preclude anything and includes
a request that staff review and provide recommendations to the Council regarding policy,
programmatic intent, and funding sources. She pointed out that everyone, including tax-
exempt properties, were assessed at the same rate.
Councilmember Guerin noted that the resolution directs Public Works to work with the
Administration and the Budget O�ce to prepare a financing plan to be brought to the
Council for approval.
Councilmember Megard requested that the phrase "as funds a11ow" be deleted as a show of
commitment to the tax payers of St. Paul that the project will be �nished. She also stated
the importance of having a financing program in place so that funds do not have to be
requested anew each year. She likes the pay-as-you-go approach and requested clari�ication
of the relationship between ta�c-exempt assessments and street maintenance charges.
Stacy Becker said that the phrase "as funds a11ow" is not a suggestion that work will be
slowed but rather a reference to the 13-year versus 15-year completion deadlines, which will
depend on funding. She gave assurance that the Mayor and administration axe strongly
committed to the street paving program.
In response to a question of Councilmember Blakey,Stacy Becker stated that the design
criteria will be developed in the next few months and funding options will be brought back
to the Council sometime this winter.
Councilmember Rettman suggested December 15, 1994, as the date for retuming criteria to
the Council, to which Stacy Becker agreed.
Councilmember Blakey suggested adding an amendment to the resolution regarding
increased street lighting for safety reasons.
President Thune suggested that this issue be addressed separately at another time.
25. (Moved to Public Hearings section)
October 19, 1994 City Council Summary Minutes Page 6
26. Resolution - 94-1471 - Authorizing the Safe City Saint Paul Initiative and the integration of
the Neighborhood Crime Prevention Program. (Laid over from October 12)
Councilmember Megard presented a substitute resolution and stated that the purpose of the
substitute was to delete language that appeared to her to be limiting the duration of the
Neighborhood Crime Prevention Program and to add language to indicate that Council
Research will provide an evaluation of the Neighborhood Crime Prevention Program and
the Safe Cities Initiative by July 1995. She also indicated that there . didn't appear to be a
need for an amendment previously proposed by Councilmember Rettman since funds
allocated for the program would continue.
Councilmember Harris asked Patrick Seeb how the civil service positions would be handled
if the Council later decides to discontinue these programs.
Mr. Seeb indicated they could use a provisional status to deal with the uncertainty of the
positions and could reassign or change the status of individuals.
Discussion ensued regarding the manner of funding for the positions.
Councilmember Megard indicated that this item will be categorized on a 1995 budget sheet
and will come before the Council again.
Councilmember Blakey requested and received a description of the job duties of a
Neighborhood Facilitator.
Councilmember Harris requested and received clarification of the $18,000 consulting fees
included in this resolution.
Councilmember Megard moved to approve the resolution with the technical amendments
made by Councilmember Rettman.
Substitute adopted as amended Yeas - 7 Nays - 0
27. Resolution - 94-1472 - Approving the addition of History Day Support Group and Mariucci
Inner City Hockey to the eligible list for the 10% Club for 1994. (Laid over from October
12)
Councilmember Megard said she had reservations about the eligibility of the History Day
Support Group application since the money would be going to a school. She requested that
the application for the History Day Support Group be returned to the Youth Fund Board
for further scrutiny. Because the History Day Support Group has applied for 501(c)(3)
status, it would be more appropriate for them to serve as their own fiscal agent. She also
requested the Board review its guidelines for funding school activities and return to the
Council in two weeks regarding this issue.
Councilmember Rettman asked that someone from the charitable organization be notified to
attend the November 2, 1994, City Council meeting.
Councilmember Megard moved approval of adding Mariucci Inner City Hockey to the
eligible list for the 10% Club for 1994, and to return the application of the History Day
Support Group to the Youth Fund Board for additional review.
Adopted as amended Yeas - 7 Nays - 0
(History Day Support Group was laid over to November 2; new resolution will be prepared)
28. Resolution - 94-1473 - Approving disbursement of Youth Program Funds in the amount of
$20,895 to Boosters East, Inc., Downtown Community Development Council, Duluth & Case
Booster Club, Eastside Wrestling Organization, Eastview Booster Club, Edgcumbe
Community Hockey Booster Club, History Day Support Group, Margaret Booster Club,
Mariucci Inner City Hockey, North Star Speedskating Club, Orchard Park Booster Club,
October 19, 1994 City Council Summary Minutes Page 7
Phalen Youth Club, Rice Recreation Youth Club, St. Paul Ice Ringette Club, Sports for
Life, Summit/U Girls' Athletic Association, Thunder Spirit Lodge, Wilder Youth Club, and
Young Life-St. Paul Metro. (Laid over from October 12)
Adopted as amended Yeas - 7 Nays - 0
(History Day Support Group was laid over to November 2; new resolution will be prepared)
29. Resolution Ratifying Assessment - 94-1514 - In the matter of approving assessments for
summary abatement in the Thomas-Dale Area from March through June 1994 (J9410TDBC
9611); demolition of vacant buildings for July 1994 (J9410C 9612); collecting expense for
towing abandoned vehicles from April-June 1994 (J9410V 9613); and summary abatement
from mid-June to August 1994 (J9410A 9614).(Public hearing held October 12 and
adopted) Resolution to be reconsidered with recommendations of the Legislative Hearing
Officer as follows:
682 Fuller Avenue - Reduce assessment by $44.00 to $995.00 and spread payments over ten
years (J9410A)
1126 Margaret Street - Reduce assessment to $111.00 (J9410A)
862 Galtier - Spread payments over ten years (J9410A)
1669 Van Buren Avenue - Spread payments over two years (J9410A)
The following are to be deleted:
1249 Bush Avenue; vacant lot Otto & Stewart Avenues; 1946 Cottage Avenue East; 846
Charles Avenue; 1029 Sherburne Avenue; 401 Van Buren Avenue (J9410V)
No action taken to reconsider as a new resolution will follow with recommendations of the
Legislative Hearing Officer.
ORDINANCES
30. Final Adoption - 94-1310 - An ordinance amending the Legislative Code by adding a
provision which would declare graffiti a blighting influence on the community and that the
presence of graffiti constitutes a public nuisance subject to the summary abatement
procedures contained in Chapter 45. (Recalled from City Operations Committee September
14)
Councilmember Blakey requested moved to lay over two weeks in order to allow him to
meet with members of the small business community concemed about this issue. He stated
that he is supportive of the summary abatement but would like additional layers of
protection for "hard-luck" cases.
L.aid over to November 2 Yeas - 7 Nays - 0
31. Final Adoption - 94-1340 - An ordinance to prohibit corrupt influence, prohibit ex parte
contacts to council members, and permit adverse license actions for violations.
City Operations Committee recommends approval as amended) (Amended and laid over
from October 12)
Councilmember Hanis moved approval.
Adopted Yeas - 7 Nays - 0
October 19, 1994 City Council Summary Minutes Page 8
32. Final Adoption - 94-1397 - An ordinance to amend Chapter 33 of the Saint Paul Legislative
Code, repealing the bond requirements on street encroachments.
Councilmember Harris moved approval
Adopted Yeas - 7 Nays - 0
33. Final Adoption - 94-1398 - An ordinance amending Chapter 33 of the Saint Paul
Administrative Code establishing the mileage reimbursement rate. (Originated in City
Operations Committee; Referred to Council2-1)
Councilmember Harris moved to introduce a substitute ordinance and lay over to October
26 for �nal adoption.
Roll Call Yeas - 7 Nays - 0
34. Third Reading - 94-1447 - An ordinance amending the license fee schedule in Chapter 310
of the Saint Paul Legislative Code, increasing license fees by 6% to cover an increase in
enforcement costs. Public hearing will be held Monday, November 14, at 7:00 p.m. in the
City Council Chambers as part of the 1995 Budget Hearings)
Third reading/public hearing continued to November 14
35. Second Reading - 94-1487 - An ordinance amending Chapter 87 of the Saint Paul
Legislative Code pertaining to the rules and regulations of the Saint Paul Water Utility as
recommended by the Board of Water Commissioners of the City of Saint Paul.
Laid over to October 26 for third reading/public hearing
36. Second Reading - 94-1488 - An ordinance to repeal Chapter 375 of the Saint Paul
Legislative Code relating to child day care centers.
Laid over to November 9 for third reading/public hearing
37. Second Reading - 94-1489 - An ordinance amending Chapter 102 of the Saint Paul
Administrative Code creating the Police-Civilian Internal Affairs Review Commission by
repealing the "sunset clause" therein and thus provide for the continuation of the
commission as an administrative entity of the City.
Laid over to October 26 for third reading/public hearing
38. Second Reading - 94-1490 - An ordinance amending Chapter 60 of the Saint Paul
Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps
thereof. (Railroad Island Small Area Plan)
Laid over to October 26 for third reading/public hearing
39. First Reading - 94-1535 - An ordinance affirming the decision of the City Council on
September 28, 1994, to approve a petition of the Church of the Sacred Heart to rezone
property located at 859-869 Fifth Street East from RT-1 to RM-2.
Laid over to October 26 for second reading
40. First Reading - 94-1536 - An ordinance affirming the decision of the City Council on
September 28, 1994, to approve the petition of Rein Midway Limited Partnership to rezone
property located at 1570 University Avenue West from B-2 to B-3.
Laid over to October 26 for second reading
October 19, 1994 City Council Summary Minutes Page 9
PUBLIC HEARINGS
24. Resolution - 94-1467 - Approving renewal of a General Repair Garage License by M& T
Auto Service, dba M& T Auto Service, 1445 Arcade Street. (ID # 10109) (Laid over from
October 12 for adoption)
Councilmember moved to introduce a substitute resolution.
Roll Ca11 Yeas - 7 Nays - 0
Councilmember Grimm read the following into the record: "No unlicensed, inoperable
vehicles are allowed to be �arked on the property after November 2, 1994; a limit of 12 cars
waiting for repair service to be parked; tow truck employees will not park in the driveway or
public right-of-way; and snow must be removed and placed so as to not adversely affect the
adjoining neighbor's fences." The license owner has agreed, in writing, to these condition.
Mr. Richard Rees, 769 Sherwood, chairman of his block club, then spoke of his concerns
regarding enforcement of the stipulations that have been added to the license renewal.
Councilmember Grimm moved approval as amended.
Substitute adopted as amended Yeas - 7 Nays - 0
41. Resolution 94-1400 - Approving application for Liquor On Sale (A), Liquor On Sale-
Sunday, Restaurant (B), and Entertainment-Class �� License by Campus Sports Grill &
Nightclub Inc., dba Campus Sports Grill, (Martin R. Bertzyk, President), 2554 Como
Avenue. (ID #72567) (Substitute introduced and laid over from September 28) (Laid over
from October 12)
Councilmember Megard moved for a one-week layover because the transfer of property has
not occuned.
Laid over to October 26 Yeas - 6 Nays - 0(Thune not present for vote)
42. Resolution - 94-1537 - Approving application for a Malt On Sale (3.2 Beer) license by
Saigon Village Restaurant and Bakery, 501 University Avenue West. (ID # 15826)
No one appeared in opposition; Councilmember Blakey moved approval
Adopted Yeas - 7 Nays - 0
43. Resolution - 94-1538 - Approving application for a Recycling Processing Center License by
American Paper Recycling Corp., dba American Paper Recycling, 615 North Prior Avenue.
(ID #66199)
No one appeared in opposition; Councilmember Megard moved approval
Adopted Yeas - 7 Nays - 0
44. Resolution - 94-1539 - Authorizing the vacation of part of the alley in Block 1, Denslow's
Addition bounded by Front Avenue, Kent Street, Stinson Street and Mackubin Street.
No one appeared in opposition;Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
October 19, 1994 City Council Summary Minutes Page 10
Reconsidered item
Councilmember Rettman moved to reconsider the following resolution due to a typo on the
resolution.
Roll Call Yeas - 7 Nays - 0 �
Resolution - 94-1416 - Approving the appointment of Jerry Blakey as the City of Saint
Paul's Alternate Member to the Joint Disparity Board.
Councilmember Rettman moved approval as amended
Adopted as amended Yeas - 7 Nays - 0
Suspension Item
Counci�member Blakey moved for suspension of the rules to introduce the following
resolution. �
Roll Call Yeas - 7 Nays - 0
Resolution - 94-1540 - Amending the 1994 Capital Improvement Program by transfemng
spending and financing from the Hoyt Avenue Reconstruction Project and adding Minnesota
Department of Transportation funding to the Thompson Avenue-Grand Project.
Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
There was no further business; Councilmember Megard moved adjournment.
ADJ D AT 4:50 P.M.
David une, Council
Presid nt
ATTEST:
Minutes approved by Council
Nancy Ande n � o,,r , �-1 . � � `� S
Assistant Cou '1 Secretary
cs
CITY COIINCIL MEETING
WEDNESDAY, OCTOBER 19, 1994
3:30 P.M.
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