Minutes 02-16-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
FEBRUARY 16, 1994
3:30 P.M. Room 330 City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order by Council President Thune at 3:50 p.m.
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
Councilmember Harris requested that items #10 and #15 be removed for discussion.
Councilmember Blakey requested that item #11 be removed for discussion.
Councilmember Megard requested that item #13 be removed for discussion.
Nancy Anderson, Assistant Council Secretary, noted that item #18 is to be laid over to March 9 for
public hearing.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Adopted Yeas - 7 Nays - 0
FOR ACTION
1. Approval of Minutes of the January 19, 1994 City Council meeting, January 12 and February
2, 1994 (Closed Door Sessions) City Council meetings.
Adopted Yeas - 7 Nays - 0
2. Claims of Sara Birkeland, Kristin Anne Dahl, Raymond A. Jefferson, Juli Kay Knapp, Kristin
Miller, Kimberly Kay Plate, Geva Kay Thole, and Yvonne Young.
Referred to the City Attorney's Office.
3. Summons and Complaint in the matter of Olga Marie Soliz vs. John Patrick Gross et al.
Referred to the City Attorney's Office.
4. Summons and Complaint in the matter of Barbara M. Moudry vs. James R. Cunnien et al.
Referred to the City Attorney's Office
5. Summons and Complaint in the matter of Carole Heron vs. the City of St. Paul.
Referred to the City Attorney's Office
6. Administrative Orders:
D94-031 - approving payment of $1,000 to the Radisson Hotel Saint Paul for classroom
space for police training.
D94-032 - approving payment of $5,000 to the Center for Energy and Environment.
D94-033 - addition of $5,668.10 to the contract for street lighting system on
Minnehaha/Ruth, Nokomis, Case and Edgewater.
Noted as on file in the City Clerk's Office.
February 16, 1994
7. Resolution 94-125 - approving renewal of On Sale Wine and Restaurant-B License (ID
#12758) by LaBelle France Inc., dba The Quail on the Hill, 371 Selby Avenue. (Laid over
from February 9 for adoption)
Adopted Yeas - 7 Nays - 0
8. Resolution 94-146 - approving renewal of Class III State Gambling Premise Permits (ID
#00269-03587) by: Phalen Park Hall/St. Casimir Church, 1324 E. Rose Ave.; St. Casimir
Church, 930 E. Geranium Ave.; Prosperity Heights Booster Club at Mounds Park Lounge,
1067 Hudson Road; Royal Guard Junior Drum & Bugle Corps at Club Metro, 733 Pierce
Butler Route; Region Two Golden Gloves Association at Casey's, 2550 W. 7th St. (To be laid
over one week for adoption)
Laid over to February 23 for adoption.
9. Resolution 94-147 - approving renewal of Class III State Gambling Premise Permits by:
Midway Training Services (ID #02422) at Trend Bar, 1537 University Av. W.; Midway Bingo
Palace, 449 Lexington Ave.; Eric's Bar, 949 E 7th St.; Sports Break, 1199 Rice St.; and
Catholic Parents Club (ID #00812) at Kelly Inn/Legends, 161 St. Anthony Avenue. (To be
laid over one week for adoption)
Laid over to February 23 for adoption.
10. (Discussed later in the meeting)
11. (Discussed later in the meeting)
12. Resolution 94-148 - amending the 1994 Budget of Planning and Economic Development by
releasing $5,000 of consultant funds from contingency line item in order to contract with a
consultant to analyze the narrowest portions of the Phalen Corridor for bikepath/LRT
roadway joint use feasibility.
Adopted Yeas - 7 Nays - 0
13. (Discussed later in the meeting)
14. Resolution 94-150 - supporting legislation for Metropolitan Council Regional Parks Capital
Improvement Program and Operation and Maintenance Funding.
Adopted Yeas - 7 Nays - 0
15. Resolution 94-151 - recommending that Light Rail Transit (LR� be the preferred regional
alternative for major regional transit corridors including both the Central and I-35W Corridors
and, if LRT is chosen to be a major part of the region's transit system, that it be built first in
the Central Corridor as the spine of the region's transit system.
Adopted Yeas 4 Nays - 3(Blakey, Grimm, Thune)
16. Resolution 94-152 - approving the 1994-1995 Agreement between the City of Saint Paul and
AFSCME, District Council 14, Local 2508. (To be laid over one week)
Laid over to February 23.
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February 16, 1994
17. Resolution 94-153 - approving the 1994-1995 Agreement between the City of Saint Paul and
AFSCME, District Council 14, Local 1842. (To be laid over one week)
Laid over to February 23.
18. (Discussed later in the meeting)
19. Resolution Approving Assessment 94-155 - in the matter of the Upper Swede Hollow Area
Lighting Project, and setting date of public hearing for April 6, 1994.
Adopted Yeas - 7 Nays - 0
20. Preliminary Order 94-156 - in the matter of improving Sherwood Avenue from Westminster
Street to approximately 325 feet west of Westminster Street (File #18736), and setting date
of public hearing for April 6, 1994.
Adopted Yeas - 7 Nays - 0
21. Preliminary Order 94-157 - in the matter of condemning and taking an easement in the land
necessary for improving Sherwood Avenue from Westminster Street to approximately 325 feet
west of Westminster Street (File #18736-S), and setting date of public hearing for April 6,
1994.
Adopted Yeas - 7 Nays - 0
22. Preliminary Order 94-158 - in the matter of installation of public water main and service
connections in Sherwood Avenue from Westminster Street to approximately 400 feet west of
Westminster Street (File #18736-11�, and setting date of public hearing for April 6, 1994.
Adopted Yeas - 7 Nays - 0
23. Preliminary Order 94-159 - in the matter of condemning and taking a permanent storm sewer
easement and temporary construction easement in connection with the Hampden/University
Area Storm Sewer Separation project (File #18724-E), and setting date of public hearing for
March 23, 1994.
Adopted Yeas - 7 Nays - 0
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10. Resolution 94-133 - establishing the rate of pay for the new classification entitled Fire
Sprinkler Inspector in the Sprinkler Fitters Bargaining Unit. (Laid over from February 9 for
adoption)
Councilmember Harris requested staff to address the issues of contracting out and the pay
rate for the sprinkler inspector position.
Steve Zaccard, Fire Marshall, explained that state law requires that the fire chief and fire
marshall in cities of the first class inspect and improve all fire protection systems. He said
He does not feel the City would be meeting its contractual obligation if they were to contract
out.
Councilmember Rettman added that under the Uniform Building Codes and State Building
Codes, cities of the first class have a different criteria to meet for building codes. When a
permit is secured, the city has an obligation to approve the work being done within 24 hours.
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February 16, 1994
The position is paid from revenue received from the purchase of permits. The State is
looking at even more stringent sprinkler codes.
John Shockley, Human Resources, explained that the minimum qualifications require that a
fire sprinkler inspector be a journey level master sprinkler fitter. The prevailing industry wage
rate is $21.52. Due to changes in the contract, the rate has been reduced to $20.85. The
prevailing industry wage rate is also paid to the positions of plumbing inspector, building
inspector, and electrical inspector.
Councilmember Rettman requested that the Council receive a status report from Fire & Safety
Services in one year as to how many buildings have come on line, etc.
Councilmember Rettman moved approval with an amendment to the hourly salary from
$21.52 to $20.85.
Adopted as amended Yeas 7 Nays - 0
11. Resolution 94-139 - authorizing the Fire Department to accept a contribution of $10,000 from
Saint Paul Firefighters Local #21. (Laid over from February 9 for adoption)
Councilmember Blakey moved approval with an amendment requesting that the Fire
Department provide the City Council with a report as to who utilized the training dollars and
showing that affirmative action guidelines are met with regard to race, gender, and rank.
Adopted as amended Yeas 7 Nays - 0
13. Resolution 94-149 - amending the 1994 budget in the Police Department by adding $407,535
to the financing and spending plans for Confiscated and Unclaimed Money -Gambling.
Councilmember Megard moved a one week layover and requested a staff report on where
confiscated and unclaimed money goes in the City.
Laid over to February 23
Roll Call Yeas - 7 Nays - 0
15. Resolution 94-151 - recommending that Light Rail Transit (LRI� be the preferred regional
alternative for major regional transit corridors including both the Central and I-35W Corridors
and, if LRT is chosen to be a major part of the region's transit system, that it be built first in
the Central Corridor as the spine of the region's transit system.
Councilmember Harris requested information on projected LRT operating costs for the City
the type of financial liability for which the City should be preparing.
Chuck Armstrong, Mayor's Office, responded that he will provide information on long-term
costs to the Council Members when he receives it.
Kathy DeSpiegelaerer, Director of LRT Planning for Ramsey County Regional Rail Authority,
stated that under the current projections, a portion of the operating costs would be paid with
properry taxes as well as federal funds and other sources.
Councilmember Blakey questioned how parking will be facilitated in the neighborhoods;
whether any land acquisition will be required for turn-around for the buses. _ responded
that parking is an issue with neighborhoods and it will be addressed in the next phase as
work proceeds. The existing 194 right-of way is adequate and land would not have to be
acquired for the central corridor. Leaving the 194 right-of-way, there is a proposal to acquire
13 homes.
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February 16, 1994
Blakey further questioned what effect LRT would have on the bus system.
Ms. DeSpiegelaerer responded that it is felt LRT will enhance the overall transit system in the
region.
Councilmember Grimm said she does not approve of the resolution in its current form. There
has not been a policy discussion, and many important issues have been raised that the
Council has not discussed. There is not a transportation plan for the City and where it fits
in with LRT.
Councilmember Guerin pointed out that in looking at costs, consideration must be given to
what it costs to maintain current roadways and build new ones.
Councilmember Rettman noted that the time for input ends on February 18. St. Paul must
make sure that it is included if LRT is built.
Councilmember Megard spoke in support of LRT stating that this is the beginnings of a first-
time regional system and St. Paul needs to be ready to compete and be a part of the system.
She feels the system can be paid for through gas tax.
Council President Thune spoke against LRT saying he does not feel it will have a future, and
that it will not be an economic development stimulus to the Twin Cities, but only to the wester
suburbs, as it is presently proposed.
Blakey spoke against the issue saying he feels a process should be developed for talking
about a transportation policy.
Harris said he has some major issues with the financial aspect of LRT but spoke in support
of the resolution noting that it gives St. Paul's commitment to the Regional Rail Authority to
seek federal dollars for LRT.
Mayor Coleman appeared before the Council offering his support of the resolution. He said
that Minneapolis Mayor Sayles Belton has asked for the City of St. Paul's cooperation in
working together to move forward on LRT.
Councilmember Guerin moved approval.
Adopted Yeas 4 Nays - 3(Blakey, Grimm, Thune)
18. Resolution 94-154 - approving vacation of part of Princeton Avenue, Macalester Street and
the alley in Block 8, Macalester Park bounded by Pinceton, St. Clair and Vernon.
Laid over to March 9 for public hearing.
ORDINANCES
24. Second Reading 93-1847 - an ordinance amending Chapter 140 of the Legislative Code
entitled Skyway Conduct by altering the lighting and heating requirements.
Laid over to February 23 for third reading/public hearing
25. Second Reading 93-1893 - an ordinance amending the Legislative Code by granting a non-
exclusive franchise for skyway advertising to Skyway Advertising, Inc.
Laid over to February 23 for third reading/public hearing
26. Second Reading 94-140 - an ordinance amending Chapter 45 of the Saint Paul Legislative
Code pertaining to Nuisance Abatements by providing for a Legislative Hearing O�cer.
Laid over to February 23 for third reading/public hearing.
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February 16, 1994
27. Second Reading 94-141 - an ordinance amending Chapter 409.21 of the Saint Paul
Legislative Code relating to the award of prizes which consist of readily perishable or
potentially hazardous food.
Laid over to February 23 for third reading/public hearing.
28. First Reading 94-160 - an ordinance amending Chapter 200 of the St. Paul Legislative Code
requiring that dogs declared dangerous must have a microchip identification.
Laid over to February 23 for second reading.
THE FOLLOWING ITEM WAS REFERRED TO THE PUBLIC WORKS COMMITTEE ON
DECEMBER 30, 1993:
29. Resolution 93-1952 - approving selection of a bridge type for the Wabasha Street Bridge
replacement.
Councilmember Guerin moved to introduce a substitute resolution presented by Council
President Thune.
Roll Call Yeas - 7 Nays - 0
Council President Thune explained that the substitute declares that the City will replace the
Wabasha Street Bridge with the girder style. Also, that the Wabasha Bridge Task Force will
reconvene and work with the Public Works Department on the bridge amenities.
Keven Nelson, Public Works Bridge Division, clarified that at this time only a bridge type is
being selected and the details will be worked out with the Task Force.
Councilmember Blakey moved approval.
Substitute adopted Yeas - 7 Nays - 0
THE FOLLOWING ITEMS WERE PREVIOUSLY REFERRED TO THE NEIGHBORHOOD
SERVICES COMMITTEE. COMMITTEE CHAIR RECOMMENDS ACTION.
30. Resolution 91-1993 - directing the Division of Public Health to file with the City Clerk a copy
of Orders it has issued regarding properties located at 851 Aurora Avenue, 41 Jessamine
Avenue West, 430 Minnehaha Avenue East, 1093 Reaney Avenue, and 721 Seventh Street
East, and authorizing and directing the City Clerk to file a copy of this resolution with the
Ramsey County Recorder.
Councilmember Guerin noted that these properties have already been demolished and
moved to withdraw.
Withdrawn Yeas - 7 Nays - 0
31. Resolution 92-35 - certifying and approving action of the Property Code Enforcement Board
of Appeals pertaining to discussion at their December 10, 1991 meeting of properties located
at 1822 Portland Avenue, 193 Mackubin Street, and 335 W. George Street.
Councilmember Guerin moved to withdraw.
Withdrawn Yeas - 7 Nays - 0
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February 16, 1994
32. Resolution 92-36 - certifying and approving action of the Property Code Enforcement Board
of Appeals pertaining to discussion at their December 10, 1991 meeting of properties located
at 2117 Roblyn Avenue, 604 Oakdale Avenue, 187 Grand Avenue, 569 Portland Avenue, 1120
Grand Avenue, and 222 Otis Avenue, and authorizing and directing the City Clerk to transmit
a copy of this resolution to the Ramsey County Office of Register of Deeds.
Councilmember Guerin moved to withdraw.
Withdrawn Yeas - 7 Nays - 0
33. Resolution 92-848 - accepting and adopting report entitled "A Strategy for Neighborhoods in
Transition".
Councilmember Rettman noted that this report was adopted under Council File 93-255.
Councilmember Guerin moved to withdraw 92-848.
Withdrawn Yeas - 7 Nays - 0
34. Ordinance 93-1094 - amending Section 45.03 of the Legislative Code pertaining to the
abatement of nuisances.
Councilmember Megard moved to refer to the City Operations Committee.
Roll Call Yeas - 7 Nays - 0
35. Ordinance 93-1449 - adopting Chapter 45.03, Subd. 8 of the Legislative Code pertaining to
obstructions over public sidewalks as it relates to nuisances.
Councilmember Megard moved to refer to the City Operations Committee.
Roll Call Yeas - 7 Nays - 0
36. Ordinance 93-1473 - adopting Chapter 45.03, Subd. 9 of the Legislative Code pertaining to
open sewer lines and connections as it relates to nuisances.
Councilmember Megard moved to refer to the City Operations Committee.
Roll Call Yeas - 7 Nays - 0
37. Ordinance 93-1757 - amending Chapter 45 of the Legislative Code pertaining to nuisance
abatement by making vermin feeding a nuisance consistent with Section 45.03.
Councilmember Megard moved to refer to the City Operations Committee.
Roll Call Yeas - 7 Nays - 0
38. Letter dated June 14, 1991 of then-City Clerk Albert Olson pertaining to City Council meeting
of June 11, 1991 where residents of York Avenue requested an appearance before the
Neighborhood Services Committee pertaining to problems in their neighborhood.
Councilmember Grimm noted that various authorities are working with this particular
neighborhood on various problems.
No action required.
39. Letter of David Kehborn appealing his assessment for property located at 1664 Manton
Street.
No Action Required
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February 16, 1994
THE FOLLOWING ITEMS WERE PREVIOUSLY REFERRED TO THE NEIGHBORHOOD
SERVICES COMMITTEE. COMMITTEE CHAIR RECOMMENDS WITHDRAWAL.
40. Resolution 90-1400 - requesting the use of Reverse Sting Operations by the Saint Paul Police
Department.
Councilmember Guerin moved to withdraw.
Withdrawn Yeas - 7 Nays - 0
41. Resolution 90-2251 - requiring purchase of land to replace park land used to build Police
Station.
Councilmember Guerin moved to withdraw.
Withdrawn Yeas - 7 Nays - 0
42. Resolution 91-100 - requesting the City of Saint Paul Fire Chief develop and present to the
City Council an emergency medical services standby policy and that said policy be adopted
by the City Council.
This resolution was also referred to the HED Committee and was withdrawn on 2/9/94.
Councilmember Guerin moved to withdraw.
Withdrawn Yeas - 7 Nays - 0
PUBLIC HEARINGS:
43. Third Reading 94-119 - an ordinance amending Section 145.02 of the Saint Paul Legislative
Code pertaining to Parkways.
This ordinance would allow trucks of 10,000 pounds or less to use Johnson Parkway
between East 7th Street and Prosperity Avenue.
Jill Danner, Parks Commission, stated that at the last meeting of the Parks Commission, this
issue was discussed and the unanimous decision was that any change to the ordinance for
a small section of road for one particular business would set a bad precedent.
Councilmember Guerin spoke in support pointing out convenience and safety factors. He
said there has been no opposition in the community.
Councilmember Megard spoke in opposition saying she does not feel it is in the best interest
of the City to make an ordinance change for one business.
Councilmember Rettman suggested that a request be made to the City Attorney to make
some findings of fact before the final reading so that a precedent is not set. She further
suggested that there could be a sunset provision if the business affected went out of
business.
Councilmember Megard requested information from the Public Works Department before the
final reading as to the impact of the weight adjustment and whether the parkway has been
designed to handle 10,000 pound trucks.
Councilmember Grimm requested that the district council be informed of this proposed
ordinance change.
Laid over to February 23 for final adoption.
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February 16, 1994
44. Third Reading 94-120 - an ordinance amending Chapter 102 of the Saint Paul Administrative
Code by providing for a revised "sunset" date as to the existence of the Police-Civilian Internal
Affairs Review Commission.
No one appeared in opposition.
Laid over to February 23 for final adoption.
45. Third Reading 94-121 - an ordinance amending Chapters 23 and 24 of the Administrative
Code concerning the participation of Council Members in the collective bargaining process.
Councilmember Megard distributed, and read into the record, a statement citing conflict of
interest issues which she feels should be addressed.
Speaking in opposition were Tom Dimond, 2119 Skyway Drive, St. Paul, and Donald Scott,
1467 East 7th Street, St. Paul
Councilmember Blakey moved to close the public hearing.
Roll Call Ayes - 7 Nays - 0
Blakey said he has concerns about this issue, including the image it would give to the public
and whether the Council is practicing good public policy by making this change.
Councilmember Guerin explained that this change pertains only to participation in collective
bargaining issues by certain councilmembers and not to employment issues for
councilmembers.
Laid over to February 23 for final adoption
46. Resolution 94-161 - approving application (ID #20028) for a General Repair Garage License
by Dale Service Center Inc. (Tom A. Gavic, President) at 99 W. Hyacinth Avenue.
Councilmember Rettman moved approval.
Yeas 7 Nays - 0
47. Resolution 94-162 - approving application (ID #22238) for a General Repair Garage License
by Seng Thor Khang, dba Arcade Super Auto Repair, at 1324B Arcade Street.
Councilmembers Grimm and Harris moved to lay over to March 16 to allow for a 30 day
notice of public hearing.
Roll Call Yeas - 7 Nays - 0
(Councilmember Guerin left at this time)
48. Resolution 94-163 - approving application (ID #85235) for a General Repair Garage License
by J&R Auto Repair (Juan Salas, Owner), at 933 Atlantic Street.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
(Councilmember Guerin returned)
49. Resolution 94-164 - approving application (ID #72503) for a Cigarette, A/2 Grocery and Off
Sale Malt License by Hazem M. Tawileh, dba 7th Street Market, at 1658 E. 7th Street.
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
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February 16, 1994
50. Resolution 94-165 - approving application (ID #16412) for a Dance Hall License by Fred and
Mary Ellen Inc., dba Club Metro, 733 Pierce Butler Route.
Councilmember Blakey moved to lay over to March 16.
Yeas - 7 Nays - 0
51. Resolution 94-166 - ordering the owner to repair or remove the building at 501 Sherburne
Avenue with in fifteen (15) days from the adoption of resolution. (Public hearing laid over
from January 26)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
BROUGHT IN UNDER SUSPENSION:
Councilmember Guerin moved for suspension of the rules to introduce the following
resolution:
Roll Call Yeas - 7 Nays - 0
Resolution 94-167 - approving the 1994 10% Eligible Recipients List. ADOPTED 7-0
Adopted Yeas - 7 Nays - 0
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ADJOU NEb 5:15 P.M.
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ATTEST: Counc President, David Thune
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'1�tirfutes approved by Council
Nancy An rson �.`�j�,..�,,, �o \`1��{
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Assistant Council Secretary
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