Minutes 05-18-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
MAY 18, 1994
3:30 P.M. Room 330 - City Hall and Courthouse
St. Paul, Minnesota
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
Councilmember Blakey requested that items 33 and 39 be removed for discussion.
Councilmember Thune requested that item 46 be removed for discussion.
Councilmember Harris requested that items 6, 36, and 38 be removed for discussion.
Councilmember Megard requested that item 41 be removed for discussion.
Councilmember Grimm requested that item 10 be removed for discussion.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Roll Call Yeas - 7 Nays - 0
MISCELLANEOUS
Joe Babcock of Troop 38 of the Boy Scouts of America gave a presentation regarding blood
donation. He is earning his Eagle Scout award by ananging a blood drive for the Red Cross at
Macalester Plymouth United Church at 1658 Lincoln on June 3 from 3:00 p.m. to 7:45 p.m. He
urged the councilmembers to donate.
FOR ACTION
1. Approval of minutes of March 23, 1994 City Council meeting.
Approved Yeas - 7 Nays - 0
2. Claims of HMTB Companies Teresa Chatman, Marcus Romero, George E. Rumsey,
Robert L. Spies, and Denise Whistler.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Witcher Construction Co. vs. the City of St.
Paul, et a1.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Ann Irene Payton vs. the City of St. Paul, et
al.
Referred to the City Attomey's Office
.
May 18, 1994
5. Notices of Sheriff s Sale Under Judgment and Decree in the matter of the Port Authority
of St. Paul vs. River Properties of St. Paul Limited Partnership, City of St. Paul, et al.
Referred to the City Attomey's Office
6. (discussed later in the meeting)
7. Letter from the Of�ce of the City Attomey announcing date of hearing before the City
Council on Wednesday, June 1, 1994 pertaining to adverse action against licenses held by
Wallace's Westsider, Inc., dba Wallace's Westsider, 429 So. Robert St.
8. Letter from Saint Paul Public Health declaring 811 Case Avenue as "nuisance property".
(For noti�cation purposes only; public hearing will be scheduled at a later date if
necessary.)
9. Conespondence from Derek Collyard dated April 22, 1994 contesting the assessment for
his abatement for property located at 2000 Montana.
Referred to the City Attomey's Office
10. (discussed later in the meeting)
11. Resolution - 94-629 - Approving renewal of On Sale Wine, On Sale Malt (Strong Beer)
and Restaurant-B License by Sena Cafe Inc., dba Sena Cafe, 684 N. Snelling Avenue
(ID #36391). (To be laid over one week for adoption)
Laid over to May 25
12. Resolution - 94-630 - Approving renewal of Class III Gambling Premise Permit by West
Side Youth Hockey, 761 Charlton Street, at Brown Derby, 567 Stryker Ave. (ID #01702)
(To be laid over one week for adoption)
Laid over to May 25
13. Resolution - 94-631 - Approving renewal of On Sale Wine, On Sale Malt (Strong Beer)
and Restaurant-B License by Lotus Victorian Crossing Inc., dba Lotus Victorian
Crossing, 867 Grand Ave. (ID #68703). (To be laid over one week for adoption)
Laid over to May 25
14. Resolution - 94-632 - Approving renewal of various Off Sale Liquor and Supporting
Licenses by East Side Liquor Store, 1361 Maryland Ave. E. (ID # 18084), and Ramaley
Liquor, 666 Grand Ave. (ID #42267). (To be laid over one week for adoption)
Laid over to May 25
15. Resolution - 94-633 - Approving renewal of various On Sale Liquor and Supporting
Licenses by: Minnehaha Lanes, 955 Seminary Ave.; Turf Club, 1601 University Ave. W.;
Checkers Nite Club, 1066 7th St. E.; Sheraton Midway Hotel, 400 Hamline Ave. N.; John
& Paul's Bar, 731 Randolph Ave.; Billy's Victorian Bar, 859 Thomas Ave.; and O.J.'s
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May 18, 1994
Lowertown Bar & Grille, 175 Sth St. E. (ID # 15976-87837). (To be laid over one week
for adoption)
Laid over to May 25
16. Resolution - 94-634 - Approving renewal of various On Sale Liquor and Supporting
Licenses by: Lendway's Lounge, 609 University Ave. W.; Skarda's Liquor, 728 Armstrong
Ave.; The Manor, 2550 7th St. W.; Midway Pro Bowl, 1556 University Ave. W.;
Sherwood Lounge, 1418 White Bear Ave. N.; Savoy Inn, 421 7th St. E.; Degidio's Bar,
425 7th St. W.; Kuby's Place, 1141 Rice St.; Embassy Suites Hotel/Woolley's Restaurant,
175 lOth St. E.; Original Coney Island, 444 St. Peter St.; Kernal's Korner, 1900 Stillwater
Ave.; Keenans 620 Club Inc., 620 7th St. W.; The Spot Bar, 859 Randolph Ave.; Lou's
Viaduct Inn, 1056 7th St. E.; Civic Center Inn, 175 7th St. W.; Mounds Park Lounge,
1067 Hudson Road; Town House, 1415 University Ave. W.; Innuendo, 510 Robert St. N.;
Depot Bar, 241 Kellogg Blvd. E. (ID #16019-96489). (To be laid over one week for
adoption)
Laid over to May 25
17. Preliminary Order - 94-635 - In the matter of sidewalk reconstruction on both sides of
Galtier Street from Edmund Avenue to Thomas Avenue, and setting date of public
hearing for July 6, 1994. (File #59464)
Adopted Yeas - 7 Nays - 0
18. Preliminary Order - 94-636 - In the matter of sidewalk reconstruction on both sides of
West Minnehaha Avenue from North Avon Street to North Victoria Street, and setting
date of public hearing for July 6, 1994. (File #S9465)
Adopted Yeas - 7 Nays - 0
19. Preliminary Order - 94-637 - In the matter of sidewalk reconstruction on the south side
of West Minnehaha Avenue from North Dale Street to North Grotto Avenue, and
setting date of public hearing for July 6, 1994. (File #S9466)
Adopted Yeas - 7 Nays - 0
20. Preliminary Order - 94-638 - In the matter of sidewalk reconstruction on both sides of
West Minnehaha Avenue from North Dunlap Street to North Griggs Street, and setting
date of public hearing for July 6, 1994. (File #59467)
Adopted Yeas - 7 Nays - 0
21. Preliminary Order - 94-639 - In the matter of sidewalk reconstruction on both sides of
West Minnehaha Avenue from North Grotto Street to North Avon Street, and setting
date of public hearing for July 6, 1994. (File #S9468)
Adopted Yeas - 7 Nays - 0
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May 18, 1994
22. Preliminary Order - 94-640 - In the matter of sidewalk reconstruction on the south side
of West Minnehaha Avenue from Kent Street to North Dale Street, and setting date of
public hearing for July 6, 1994. (File #S9469)
Adopted Yeas - 7 Nays - 0
23. Preliminary Order - 94-641 - In the matter of sidewalk reconstruction on the south side
of West Minnehaha Avenue from Kent Street to approximately 160 feet east of Kent
Street, and setting date of public heaxing for July 6, 1994. (File #59470)
Adopted Yeas - 7 Nays - 0
24. Preliminary Order - 94-642 - In the matter of sidewalk reconstruction on both sides of
West Minnehaha Avenue from North Lexington Parkway to North Dunlap Street, and
setting date of public hearing for July 6, 1994. (File #59471)
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 94-643 - In the matter of sidewalk reconstruction on both sides of
West Minnehaha Avenue from North Oxford Street to North Lexington Parkway, and
setting date of public hearing for July 6, 1994. (File #59472)
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 94-644 - In the matter of sidewalk reconstruction on both sides of
Van Buren Avenue from Kent Street to North Da1e Street, and setting date of public
hearing for July 6, 1994. (File #S9473)
Adopted Yeas - 7 Nays - 0
27. Resolution Approving Assessment - 94-645 - In the matter of constructing a storm sewer
in Highwood Avenue from McKnight Road to Point Douglas Road and an easement
from Point Douglas Road to Pigs Eye Lake, and setting date of public hearing for July
13, 1994. (File # 18668)
Adopted Yeas - 7 Nays - 0
28. Resolution Approving Assessment - 94-646 - In the matter of constructing sanitary sewer
service stubs, as requested by the property owner, in conjunction with the Highwood
Avenue Area Storm Sewer project, and setting date of public hearing for July 13, 1994.
(File # 18668-C)
Adopted Yeas - 7 Nays - 0
29. Resolution Approving Assessment - 94-647 - In the matter of installing water service
connections, as requested by the property owner, in conjunction with the Highwood
Avenue Area Storm Sewer project, and setting date of public hearing for July 13, 1994.
(File # 18668-CW)
Adopted Yeas - 7 Nays - 0
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May 18, 1994
30. Resolution Approving Assessment - 94-648 - In the matter of reconstructing Highwood
Avenue from McKnight Road to Point Douglas Road with a bituminous surface,
concrete curb and gutter, lantem style street lighting and landscaped boulevard, in
conjunction with the construction of the storm sewer in Highwood Avenue, and setting
date of public hearing for July 13, 1994. (File # 18669)
Adopted Yeas - 7 Nays - 0
31. Resolution - 94-649 - Approving the Mayor's initiation of the Public Safety Advisory
Council consisting of up to 20 members, 15 of whom must be Saint Paul residents.
Adopted Yeas - 7 Nays - 0
32. Resolution - 94-650 - Approving the reappointment of Rachel Campbell and Susan
Smith-C�nnien, and the appointment of Walter Mills, by the Mayor, to the Hubert H.
Humphrey Job Corps Center Neighborhood Advisory Committee. (To be laid over one
week for adoption)
L,aid over to May 25
33. (discussed later in the meeting)
34. Resolution - 94-652 - Authorizing a Quit Claim Deed to the Housing and
Redevelopment Authority of St. Paul for surplus right-of-way property at Mounds
Boulevard at Third Street.
Adopted Yeas - 7 Nays - 0
35. Resolution - 94-653 - Amending C.F. #'s 280932 adopted September 29, 1983, 85-326
adopted March 19, 1985, and 86-1462 adopted October 21, 1986 by removing restrictions
requiring free parking and adding other agreed-upon conditions to previously granted
variances and approved site plan for 2139 Ford Parkway.
Adopted Yeas - 7 Nays - 0
36. (discussed later in the meeting)
37. Resolution - 94-655 - Amending the 1994 budget by transferring $42,500 in the
Department of Finance and Management Services/Risk Management for health
education programs and preventive screening for city employees.
Adopted Yeas - 7 Nays - 0
38. (discussed later in the meeting)
39. (discussed later in the meeting)
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May 18, 1994
40. Resolution - 94-657 - Amending the 1994 budget by adding $14,600 to the Financing and
Spending Plans in the Division of Parks and Recreation/HLTD Youth Sports Program
Grant.
Adopted Yeas - 7 Nays - 0
41. (discussed later in the meeting)
42. Resolution - 94-659 - Amending the 1994 Capital Improvement Program by transferring
$50,000 from the Combined Sewer Separation Paving Program to Water Utility funding
in the Combined Sewer Separation Progam.
Adopted Yeas - 7 Nays - 0
43. Resolution - 94-660 - Amending the 1987, 1991, 1992, and 1993 Capital Improvement
Program by transfemng funding from Sewer Repair projects to the Inflow/Infiltration
Correction project.
Adopted Yeas - 7 Nays - 0
44. Resolution - 94-661 - Amending the 1994 Capital Improvement Program by transferring
spending and �inancing from the Combined Sewer Separation Paving Program project
and Major Sewer Repairs to the Combined Sewer Separation Program.
Adopted Yeas - 7 Nays - 0
45. Resolution - 94-662 - Amending the 1993 Capital Improvement Program by transferring
spending and financing from the 1994 Major Sewer Repair project and the Marshall
Avenue Reconstruction project and adding Water Utility financing to the
Marshall/Cleveland project.
Adopted Yeas - 7 Nays - 0
46. (discussed later in the meeting)
47. Resolution - 94-664 - Amending the 1994 Capital Improvement Program by transferring
spending and financing from the Combined Sewer Separation Paving Program project
and 1992 and 1994 Major Sewer Repairs to the Combined Sewer Separation Program.
Adopted Yeas - 7 Nays - 0
48. Resolution - 94-665 - Approving action of the Property Code Enforcement Board of
Appeals on April 14, 1994 pertaining to property at 926 Hoyt Ave. W., 988 Dayton Ave.,
1901 Maryland Ave. E., 215 Chatsworth St. S., 250 Selby Ave., 200 Mississippi River
Blvd., 550 Galtier St., and 917 Jessamine Ave. E.
Adopted Yeas - 7 Nays - 0
49. Resolution - 94-666 - Approving action of the Property Code Enforcement Board of
Appeals on April 14, 1994 pertaining to property at 345 Wabasha St. and 706 Case Ave.
Adopted Yeas - 7 Nays - 0
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May 18, 1994
6. Administrative Orders:
D00115 Amending the 1994 budget in the City Clerk's Office for salaries for
Election Division staff.
D00116 Amending the 1994 budget in the Department of Public Works-Street
Repair and Cleaning Fund.
D00117 Approving amount not to exceed $500 for the rental of two vans for use by
five Police Officers to attend the 19th Annual Minnesota Law Enforcement
Explorer Conference
D00118 Approving payment not to exceed $4,000 to the Radisson Hotel Saint Paul
for classroom space for a course entitled "Homicide Investigations"
sponsored by the St. Paul Police Professional Development Institute.
D00119 Approving payment not to exceed $4,000 for camera supplies for a training
course sponsored by the St. Paul Police Department on "Low Light and
Domestic Violence Photography" at the Holiday Inn Express, St. Paul.
D00120 Addition of $2,660 to the contract for Como Lakeside Area Parking Lot
Development.
D00121 Amending the 1994 budget in the Department of Finance and Management
Services/CIS by moving $8,400 from salaries to contract services.
D00122 Amending the 1994 budget in the City Attorney's Of�ce by transfemng
existing spending authority to cover expenditures for the Modified Duty
Worker program.
D00123 Amending the 1994 budget in the City Attorney's Of�ce by transferring
existing spending authority to cover expenditures for the Modified Duty
Worker program.
D00124 Amending the 1994 budget in the Department of Finance and Management
Services/Risk Management to allow for various activities requested by the
City's executive bargaining team.
D00125 Amending the 1993 budget in the Department of Planning and Economic
Development/Community Development Block Grant (CDBG) Fund.
D00126 Approving payment not to exceed $25.00 to Jeannette Driskill for a
promotional drawing held by St. Paul Public Health.
D00127 Addition of $4,409.34 to the contract for wrecking and removal of structure
at 141 W. Water Street, St. Paul.
Councilmember Harris expressed concem regarding Administrative Orders D00116 and
D00121. He found the information to be incomplete and would like more information
from the Public Works and Finance and Management Departments. Councilmember
Harris moved to approve the orders with the exception of D00116 and D00121 which
will be laid over to May 25.
Roll Call Yeas - 7 Nays - 0
Noted as on file in the City Clerk's Office. Administrative Order Nos. D00116 and
D00121 laid over to May 25 for additional information from department staff.
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May 18, 1994
10. Resolution - 94-602 - Approving renewal of an On Sale Liquor-C, Sunday On Sale
Liquor, Entertainment-III, Gambling Location-C and Restaurant-C License, with
conditions, (ID# 25875) by C. L. Hinze Inc. dba Chuck's Bar, 901 Payne Avenue. (Laid
over from May 11 for adoption)
Councilmember Grimm moved to consider a substitute resolution.
Roll Call Yeas - 7 Nays - 0
Councilmember Grimm said that a substitute resolution was drawn up which includes
nine conditions to which the owner has agreed to comply.
Kim Hunter of the Payne-Arcade Business Association stated that she would like to have
the front door of the establishment closed or partially covered by a screen door during
business hours because of the noise and foul language coming out of the bar. She noted
that there is a bus stop close by and many children pass the front entrance.
Dan Crotz of the York Avenue Block Club said that his group is concerned with the
behavior of some of the bar patrons; particularly those behaviors which are drug and
alcohol related. The club feels that these behaviors are more prevalent at Chuck's Bar
than other establishments in the area. He also refened to loud and abusive language in
and around the threshold of the bar. The volume level of music has also been a concern
of residents, he said.
Doug Meslow, attomey representing Chuck Hinze, stated that Mr. Hinze has discharged
the employee who was the center of much of the neighborhood controversy. Mr. Meslow
indicated that Mr. Hinze feels that he could not provide a suitable atmosphere for his
patrons if he were not allowed to have the door open to let in fresh air.
Councilmember Grimm moved approval of the substitute resolution.
Substitute resolution adopted Yeas - 7 Nays - 0
33. Resolution - 94-628 - Approving Memorandum of Agreement amending the 1992-1993
Collective Bargaining Agreement between the City of Saint Paul and Saint Paul
Fire�ghters, Loca121. (Brought in under suspension on May 11th and laid over one
week)
(Councilmember Guerin left the meeting)
Councilmember Blakey expressed concerns about interfering with the collective
bargaining process and, thereby, setting an unwanted precedent. He also wanted to
know how the city would benefit from passage of this resolution.
(Councilmember Grimm left the meeting)
Jim Lombardi, L,abor Relations Office, said that he believed no precedent was being set.
This amendment will affect the '92-'93 contract and is unrelated to the '93-'94 contract
which is cunently being negotiated. Mr. Lombardi stated that both the union and Fire
Administration have requested this change. Mr. Lombardi indicated that the savings to
the City would be slight. He explained the there are cunently 30 employees who are
paramedics (EMT certified) in the training pool of �refighters who are paid at a six
percent premium rate if they are assigned to ambulatory teams. When these employees
are assigned to non-ambulatory teams, they receive a three percent premium pay. If they
were assigned to permanent positions on non-ambulatory teams, the City would save the
three percent difference. Mr. Lombardi explained that there are a number of vacant
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May 18, 1994
positions in the Fire Department that cannot be filled because many of the pool
employees have not worked the minimum of three years required to be transfened into a
permanent position. To fill these vacancies, Fire Administration and the Union have
agreed to reduce the training period to two years upon approval of the City Council. He
indicated the need to put people into these vacant positions in order to build strong,
cohesive firefighting teams.
(Councilmembers Grimm and Guerin returned)
Councilmembers Harris and Blakey questioned the reduction of yeaxs in the pool from
three to two rather than to one or none. Councilmember Harris requested to know the
amount of savings that could be expected and inquired whether these funds could be
returned to the general fund for use elsewhere. Councilmember Harris indicated that he
could not vote for the resolution without a complementary budget amendment that
indicates where the funds that are saved will be re-allocated.
Mr. Lombardi explained that the length of the assignment in the pool facilitates cross-
training by sending firefighters to different units that handle different types of situations.
Councilmember Rettman said that Chief Fuller could not attend today and he sends his
apologies. She said that the Fire Department needs to fill the vacant positions to
establish functioning teams that will train the new people who will be hired after the
recent lawsuit settlement.
Gary Olding, Firefighters Loca121 President, stated that by assigning members of the
pool to permanent positions, teams will have the time to develop team skills that will
result in a higher degree of team safety. He indicated that the two year training period
accommodates extra training (such as EMT training) which may take up to one year.
This leaves one year for cross-training on different teams throughout the City.
Councilmember Rettman moved approval of the resolution.
In response to a question from Councilmember Blakey, Pam Wheelock, Mayor's Chief of
Staff, said that there should be savings, but it is unclear at this point whether or not they
will be substantial.
Gary Trudeau, Assistant Fire Chief, responded that savings will depend on whether or
not pool members (ENfT certified) choose to bid on non-ambulatory teams. The City
will save approximately 3% on each firefighter, amounting to about $500.00 for the
remainder of the year. Mr. Trudeau stated that there is significant administrative hassle
in assigning each pool member to teams each day. He indicated that this change would
not affect new hires as they would not be allowed to bid for a team until they had
reached the two or three year minimum as well.
Roll call on the previous motion by Councilmember Rettman
Failed (Councilmember Guerin abstained from the vote)
Yeas - 3(Grimm, Rettman, Thune) Nays - 3(Blakey, Harris, Megard)
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May 18, 1994
36. Resolution - 94-654 - Establishing the rate of pay for the new Water Maintenance
Supervisor in Grade 36 of the Saint Paul Manual and Maintenance Supervisors
Association salary schedule.
Councilmember Guerin moved this item be refened to the finance committee.
Roll call Yeas - 7 Nays - 0
Refened to the finance committee.
38. Resolution - 94-618 - Amending the 1994 budget by adding $139,253 to the Financing
and Spending Plans in Public Health WIC (Supplemental Food Program). (Laid over
from May 11)
Councilmember Harris moved approval with an amendment which dictates the positions
will sunset when this funding expires.
Adopted as amended Yeas - 7 Nays - 0
39. Resolution - 94-656 - Amending the 1994 budget in the Department of Planning and
Economic Development/Planning Division by releasing $2,500 from the Spending Plan to
contract with a consultant to analyze legal issues in the Phalen Corridor/proposed
Phalen Boulevard.
Councilmember Blakey questioned the use of an outside consultant when the city has
attorneys on staff.
Allen Lovejoy, Department of Planning and Economic Development (PED), indicated
that he has been in consultation with Jerry Segal of the City Attomey's staff. Mr. Segal
recommended to Mr. Lovejoy that the City hire a�rm with expertise in the area of
federal law because of the nature of this project. Mr. Lovejoy clarified that the monies
to pay this consultant will come from the PED budget not the City Attorney's budget.
Councilmember Grimm moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
41. Resolution - 94-658 - Amending the 1994 budget by adding $13,513 in the Financing and
Spending Plans in the Saint Paul Police Department/Office of the Chief for the Graffiti,
Inc. project.
(Councilmember Harris left the meeting)
Councilmember Megard questioned whether or not the Graffiti, Inc. project is sending a
mixed message to young people. She questioned if there has been a reduction in graffiti
crimes and whether or not a formal evaluation of the program has been conducted.
Larry McDonald, St. Paul Police, saidd that the Graffiti, Inc. program started in his area
about a year and a half ago. He does feel there has been a reduction in the amount of
graffiti in the southwest area. He said that there has been no official evaluation
component added to the program but the program has been informally evaluated by
parents and teachers that he has had contact with. Mr. McDonald stated that he does
not feel the program sends a mixed message. He likes the two-pronged effect of the
program which cracks down on illegal graffiti and redirects the abilities of young people.
(Councilmember Rettman left the meeting)
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May 18, 1994
Meredith Hogland of the Crime Prevention Unit stated that the program is showing
young people the consequences of criminal activity. She has seen improvement in
grades, school attendance, communication at home, and self-esteem in the students
participating in the program. She explained that the program works to wean young
people from aerosol paints by bringing in volunteer professionals to teach art techniques
with different media.
(Councilmember Rettman returned)
Councilmember Megard moved approval of the resolution.
Adopted Yeas - 6 Nays - 0 (Councilmember Harris not present for vote)
46. Resolution - 94-663 - Amending the 1994 Long Range/Capital Improvement budget by
transferring surpluses from various lighting projects to fund a portion of the High Bridge
lighting project and the remainder to be set aside in CIB contingency account.
Councilmember Blakey moved to lay this item over to May 25.
Roll call Yeas - 6 Nays - 0 (Councilmember Harris not present for vote)
FOR DISCUSSION
50. Resolution - 94-667 - Establishing the rate of pay for Senior License Inspector position in
the Sa1ary Plan and Rates of Compensation Resolution.
In response to a question by Councilmember Blakey, Councilmember Rettman e�cplained
that out-of-title pay is at the discretion of the department head or manager if they clearly
believe that the position requires additional skills or work performances.
John Shockley, Human Resources, noted that there was an error in the language of the
"first resolved" of the resolution.
Councilmember Rettman moved approval of the resolution with a proposed amendment
to conect the language.
Adopted Yeas - 6 Nays - 0 (Councilmember Harris not present for vote)
51. Resolution - 94-668 - Amending the 1994 budget by adding $68,000 to the Financing and
Spending Plans in the Division of Libraries for telephone changes, data processing
hardware, communications equipment, and building improvements.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 6 Nays - 0 (Councilmember Harris not present for vote)
(Councilmember Harris returned)
52. Resolution - 94-669 - Amending the 1994 Budget by adding $53,023 to the Financing and
Spending Plans in the Department of Planning and Economic Development, Parking and
Transit Fund, for promotion and coordination expenses of the Downtown Council in
connection with the "Three for Free" shopper parking program.
Councilmember Harris inquired whether a formal agreement was made by the City to
reimburse these expenses.
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May 18, 1994
Steve Thompson, PED, responded that the agreement was informal and not a contract.
The agreement was made during discussions among the Downtown Council, former
Mayor Jim Scheibel, and the former director of PED, Ken Peterson. He said that no
resolution was presented to the Council at that time.
In response to a question by Councilmember Rettman, Mr. Thompson indicated that his
office has made it clear that there will be no commitment of funds for any project prior
to approval by the Council.
Councilmember Rettman indicated that mechanisms are being put into place to prevent
commitment of funds prior to City Council approval in the future. It must be clear that
there are no exceptions to the rules, she said.
In response to questions by Councilmember Harris, Mr. Thompson said that there are no
administrative fees represented in the resolution; the dollar amount represents funds
spent for the ad campaign.
Councilmembers Grimm and Thune indicated that the program has been very successful
despite the lack of proper procedure to secure a commitment of funds.
Councilmember Megard moved approval of the resolution.
Adopted Yeas - 5 Nays - 2(Hanis, Rettman)
53. (Discussed later in the meeting)
ORDINANCES
54. Final Adoption- 94-533 - An ordinance to enact special rules for the sale, possession and
consumption of beverages at community festivals. (Originated in City Operations
Committee/approval recommended)
Councilmember Harris withdrew the resolution. (see discussion after item 58)
55. Final Adoption - 94-534 - An ordinance amending Sections 409.08, 409.11 and 409.25 of
the Saint Paul Legislative Code relating to temporary extensions of service areas and
temporary licenses at community festivals. (Originated in City Operations
Committee/approval recommended)
Councilmember Harris withdrew the resolution. (see discussion after item 58)
56. Fina1 Adoption - 94-535 - An ordinance amending Sections 410.07 and 410.10 of the
Saint Paul Legislative Code relating to temporary extensions of service areas and
temporary licenses at community festivals. (Originated in City Operations
Committee/approval recommended)
Councilmember Harris withdrew the resolution. (see discussion after item 58)
57. Final Adoption - 94-536 - An ordinance amending Chapter 245 of the Saint Paul
Legislative Code relating to drinking at community festivals. (Originated in City
Operations Committee/approval recommended)
Councilmember Hanis withdrew the resolution. (see discussion after item 58)
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May 18, 1994
58. Final Adoption - 94-537 - An ordinance amending Chapter 246 of the Saint Paul
Legislative Code relating to drinking at community festivals. (Originated in City
Operations Committee/approval recommended)
Councilmember Harris moved the public hearing regarding items 54-58 be reopened.
Roll call Yeas - 7 Nays - 0
Councilmember Rettman asked when the ordinances would go into effect.
Tim Marx, City Attorney, indicated that the ordinances would not go into effect until 30
days after �nal approval by the Mayor. He said that the ordinances will not have a
direct effect on the Grand Old Day festival. However, he indicated that the decision
made by the Council will give the Police Department an indication of how to handle
events that occur before its enactment.
Mimi Doran, Co-Chair of the 1994 Grand Old Day festival, stated that many of the
funds provided by the sale of alcohol are received by non-profit organizations which
depend on sales at the festival for part of their funding. She urged the Council to pass
the ordinance.
Steve Lyon, representing the Grand Avenue Business Association, urged the Council to
vote in favor of the ordinance changes.
Rudy Sundberg, 743 Goodrich, said he is opposed to the way that Grand Old Day is
being managed. He feels the festival has lost its original purpose of exposing the metro
area to the unique shopping opportunities on Grand Avenue. Mr. Sundberg indicated
that he feels the cunent purpose is that of a moneymaker designed to attract a young
crowd of partiers. He made reference to the traffic jams, illegal parking, blocked alleys,
litter problems, public urination problems, and obnoxious yelling and swearing. He
urged the Council to vote down the ordinance change.
Bill Holcomb, 742 Goodrich Avenue, said that his reasons for asking the City Council to
reject the ordinance change including the fact that festivals of this type generate a lot of
noise, vandalism, and parking problems for residents in the axea. He does not see how
Grand Old Day improves the quality of his neighborhood.
Pat Boodigan representing Mother's Against Drunk Driving (MADD) Ramsey-
Washington County Chapter indicated that their organization receives complaints every
year about public drunkenness. MADD would like the Council to consider whether or
not their decision will increase the number of people who are drinking and, thus, the
number of people who are driving under the influence of alcohol. She also questioned
whether or not organizations are willing to accept the increased liability that these
ordinances could create.
Marylou Cheple, 733 Lincoln Avenue, said she feels that drinking on a public street does
not enhance any festival and expressed concem about the cost of providing police
presence.
Frank Miley, 1089 Lombard, said he believes adults should model appropriate behavior
for young people. He indicated that alcohol consumption at Grand Old Day has been an
example of poor modeling. He urged the Council to vote down the ordinance change.
Brian Wenger, president of the Summit Hill Association, indicated that his association
feels that increased drinking results in decreased safety. Given the societal awareness to
alcohol and its potential adverse effects, he urged the Council not to pass an ordinance
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May 18, 1994
that would increase drinking. He urged Councilmembers to keep in mind that they are
creating standards which will used by all other events. He also indicated that three of
seven non-profit organizations have pulled out of the event this year.
Mara Kasara, 30 South St. Albans, representing Filmore and Walter Homeowner
A.ssociation, urged the Council to vote down the ordinance change. Ms. Kasara made
particular reference to the problems with public urination and litter.
Rick Webbm, 1014 Lincoln, Chair of the Grand Old Day festival, urged the Council to
approve the resolution.
Kathy Turenowski, Community Organizer for the Macalester-Groveland Community
Council, urged the Council not to approve the ordinance change until more community
discussion takes place.
Councilmember Megard moved to close the public hearing.
Roll call Yeas - 7 Nays - 0
Councilmember Megard asked the City Attomey if the City can manage the consumption
of alcohol at the festival the same way it was done last year if the ordinance is not
passed.
Robert Kessler, Director of Licensing, Inspection, and Environmental Protection (LIEP)
stated that the beer gardens established last year did include public street areas. He
indicated that this year they could be organized on private property.
In response to Councilmember Harris, Mr. Marx said that the City of St. Paul could
possibly be liable for not enforcing the current prohibition on public drinking. He also
indicated that the City could be accepting increased liability by passing the proposed
ordinance changes.
Mr. Kessler indicated that an organization sponsoring a festival is required to take out a
blanket insurance policy for the event.
In response to questions from Councilmember Rettman, Councilmember Thune said that
last year's festival policies were intended to be the beginning of a process to limit public
drinking at Grand Old Day. He feels the next step would be to implement more
structured and controlled beer garden tents similar to those used at the Cinco de Mayo
celebration.
In response to Councilmember Rettman, Mr. Kessler said that there are "compact and
contiguous" laws in effect that could guide policy for the Grand Old Day festival.
Councilmember Guerin stated that he feels the problem is not drinking in the street,
rather, it is people becoming intoxicated. He does not feel the Council should change its
policy three weeks before this event.
Councilmembers Megaxd and Blakey indicated that they would not support the proposed
ordinance change.
Councilmember Harris withdrew items 54-58.
Chief Finney asked the Council if it was their intention for the Police Department to
enforce the public drinking law.
Councilmember Thune suggested that the community organizations and residents meet
to establish guidelines for the festival.
Councilmember Rettman proposed that the Administration communicate with the Police
Department to develop a specific plan for Grand Old Day.
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May 18, 1994
The Council may be sending a message that bar owners are second class citizens, Guerin
said. He indicated that he does not support the withdrawal of the ordinance changes. _
59. (discussed later in the meeting)
60. (discussed later in the meeting)
PUBLIC HEARINGS
61. (discussed later in the meeting)
62. (discussed later in the meeting)
(Councilmember Guerin left the meeting)
63. Resolution - 94-671 - Approving vacation of the alley in Block 9, Rice Street Villas
Subdivision bounded by Marion Street, Woodbridge Street and Ivy Avenue.
No one appeared in opposition.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 6 Nays - 0 (Councilmember Guerin not present for vote)
(the council recessed for twenty minutes)
ORDINANCES
(Councilmember Guerin retumed)
(Councilmembers Blakey and Rettman left the meeting)
59. Fina1 Adoption - 94-538 - An ordinance amending Chapter 357 of the Saint Paul
Legislative Code solid waste license, clarifying differences from Chapter 408 recycling
processing center license. (Conesponds with C.F. 94-539)
Councilmember Grimm moved approval of the ordinance.
Adopted Yeas - 5 Nays - 0
(Councilmembers Blakey and Rettman not present for vote)
(Councilmember Blakey retumed at this point)
60. Final Adoption - 94-539 - An ordinance amending Chapter 408 of the Saint Paul
Legislative Code solid waste license, clarifying differences from Chapter 357 recycling
processing center license. (Corresponds with C.F. 94-538)
Councilmember Grimm moved approval of the ordinance.
Adopted Yeas - 6 Nays - 0 (Councilmember Rettman not present for vote)
FOR DISCUSSION
53. Discussion of proposed Ad Hoc Committee on Public Safety. (Laid over from May 11)
Councilmember Blakey outlined his proposal for the formation of an Ad Hoc Committee
15
May 18, 1994
on Public Safety. He indicated a need for the Council to get information out to the
community regarding public safety initiatives, police sub-stations, the FORCE program,
housing code enforcement, and employment opportunities for youth. Councilmember
Blakey also feels the Council should evaluate the utilization of dollars that are given to
public safety coordinators at the district/block club level and discuss the possibility of
setting up baseline goals.
Councilmember Guerin indicated that he would also like the committee to focus on legal
decisions of the State Legislature that affect the City of St. Paul.
Chief Finney stated that he would like the committee to study the establishment of
uniform curfew policy for the Ramsey County area which would require minor changes
to current ordinances.
Councilmember Blakey said that at the committee's first meeting, the Councilmembers
would decide the composition, direction and duration of the ad hoc committee.
Councilmember Blakey moved to hold the first meeting of the Ad Hoc Committee on
Public Safety on Wednesday, May 25 at 1:30 p.m.
Roll Call Yeas - 6 Nays - 0 (Councilmember Rettman not present for vote)
PUBLIC HEARINGS
61. Third Reading - 94-595 - An ordinance amending Chapter 157, Section 157.04, entitled
"Miscellaneous parking restrictions".
No one appeared in opposition.
Laid over to May 25 for final adoption
(Councilmember Blakey left the meeting)
62. Resolution - 94-670 - Making certain determinations and findings necessary for
acquisition of property at 176-178 Sherburne Avenue through eminent domain and
quick-take.
No one appeared in opposition.
Councilmember Grimm moved approval of the resolution.
Adopted Yeas - 5 Nays - 0
(Councilmembers Blakey and Rettman not present for vote)
(Councilmember Grimm left the meeting)
64. Resolution Ratifying Assessment - 94-672 - In the matter of installing Fire Protection
System for 1080 Limited Partnership.
No one appeared in opposition.
Councilmember Harris moved approval of the resolution.
Adopted Yeas - 4 Nays - 0
(Councilmembers Blakey, Grimm, and Rettman not present for vote)
16
May 18, 1994
65. Resolution Ratifying Condemnation - 94-673 - In the matter of condemning and taking a
permanent storm sewer easement and temporary construction easements in connection
with the Hampden/University Area Storm Sewer Separation Project near Raymond and
Wabash Avenues (File # 18724-E) (Description amended for the ratification of
easements)
No one appeared in opposition.
Councilmember Megard moved approval of the resolution.
Adopted Yeas - 4 Nays - 0
(Councilmembers Blakey, Grimm, and Rettman not present for vote)
66. Resolution Ratifying Condemnation - 94-674 - In the matter of condemning and taking
of permanent storm sewer easements and temporary construction easements in
connection with the University/Mississippi Area Storm Sewer Separation Project near
Arch Street and L'Orient Street and near University Avenue and Lafayette Road.
No one appeared in opposition.
Councilmember Megard moved approval of the resolution.
Adopted Yeas - 4 Nays - 0
(Councilmembers Blakey, Grimm and Rettman not present for vote)
67. Final Order - 94-675 - In the matter of sidewalk reconstruction with integral curb on the
west side of Cedar Street from East Exchange Street to East Third Street; south side of
West Tenth Street from North Wabasha Street to St. Peter Street; and west side of
North Wabasha Street from West Exchange Street to West Tenth Street.
No one appeared in opposition.
Councilmember Megard moved approval of the order.
Adopted Yeas - 4 Nays - 0
(Councilmembers Blakey, Grimm and Rettman not present for vote)
(Councilmember Grimm returned)
Councilmember Megard moved the meeting be adjoumed.
Roll call Yeas - 5 Nays • 0
(Councilmembers Blakey and Rettman not present for vote
URN 6:5 P.M.
1
ouncil Pres de t vid Thune
ATTEST:
Minu pproved by Council
tia-�
Nancy Ande n �
Assistant Council Secretary
17