Minutes 12-30-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, December 30, 1993
5:00 P.M. Room 330 City Hall and Court House
(temporary Council Chambers)
Third Fioor City Hall and Court House
Molly O'Rourke, Cit�r Clerk
The meeting was called to order by President Wilson at 5:05 P.M.
t ...:. < . ;: . : ..
Present - 5�' - Councilmembers :�.�i�iEi€�, Guerin, Long, Maccabee (arrived following roll call),
Rettman, Thune, Wilson
Absent - 0 -
Recognition of councilmembers and legislative aides leaving.
Councilmembers Long, Thune, Maccabee, Grimm, Guerin and Council President Wilson
recognized the following legislative aides, who are leaving their positions, and thanked them
for their years of service to the St. Paul Cit�r Council and the City of St. Paul:Guy �Ilits, Joe
Seifert, Tony Schertler, Mary Lanz, Liz Stevens, Mark Voerding, Mary Ann Hecht, Bob
Cudahy,and Jim Murphy.
Councilmembers Thune, Guerin, Grimm and Rettman recognized Council President Wilson and
Councilmembers Long and Maccabee for their years of service on the St. Paul City Council and
to the City of St. Paul.
Councilmembers decided to take the additional agenda items first.
Councilmember Thune requested that item #7 be removed for discussion and item #8 be
referred to Public Works Committee.
Councilmember Thune moved approval of the Consent Agenda as amended.
Adopted Yeas - 7 Nays - 0
ADDITIONAL AGENDA ITEMS SUBMITTED:
CONSENT AGENDA:
1. Approval of minutes from the December 9, 1993 City Council meeting.
Adopted Yeas - 7 Nays - 0 �
2. Resolution - 93-1946 - approving the appointments of Teresa Hayne, Sara Hayne, Lance
Holder, Yannet Lathrop, Tom Lydon and Ann Walker to the Youth Movement Committee.
(Laid over from December 23)
Adopted Yeas - 7 Nays - 0
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December 30, 1993
3. Resolution - 93-1947 - approving the reappointment of Robert Lowe to the District Energy
Board of Directors. (Laid over from December 23)
Adopted Yeas - 7 Nays - 0
4. Resolution - 93-1948 - approving the reappointment of Bonnie Raleigh to the Advisory
Committee on Aging. (Laid over from December 23)
Adopted Yeas - 7 Nays - 0
5. Resolution - 93-1950 - approving the appointment of Beverly Wise to the Skyway Governance
Committee. (Laid over from December 23)
Adopted Yeas - 7 Nays - 0
6. Resolution - 93-1949 - affirming the City Council's desire to see the statue in Memorial Hall
named Vision of Peace.
Adopted Yeas - 7 Nays - 0
8. Resolution - 93-1952 - approving selection of a bridge type for the Wabasha Street Bridge
replacement.
Referred to the Public Works Committee.
7. Resolution - 93-1951 - accepting a bust of Council President William Wilson from The Friends
of Bill Wilson to be on display on the third floor of City Hall. Dick Mangram gave a brief
presentation in tribute to Council President Wilson's years of service. The bust will be placed
on the third floor of the City Hall/Courthouse.
Councilmember Thune thanked Mr. Mangram for recognizing Council President Wilson. The
bust will be unveiled in February.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
ORDINANCES
9. Final Adoption - 93-1644 - An ordinance to amend Chapter 412 of the Legislative Code
relating to massage parlors. (Human Services Committee recommended approval of
substitute at Public Hearing December 23)
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
10. Final Adoption - 93-1645 - An ordinance to amend Chapter 414 of the Legislative Code
relating to massage parlor operation. (Human Services Committee recommended approval
of substitute at Public Hearing December 23)
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
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December 30, 1993
11. Final Adoption - 93-1872 - An ordinance amending section 402.005 of the Legislative Code
to reduce the rate of the gambling tax from 3% to 2% and to sunset that reduction on
December 31, 1994. (For Action - Public Hearing held December 23) (Human Services
Committee recommends approval.
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
COMMITTEE REPORTS:
12. Resolution - 93-1715 - establishing the storm sewer system charges for 1994. (Public Works
Committee recommends approval as amended)
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
13. Resolution - 93-1716 - establishing the sanitary sewer rates for 1994. (Public Works
Committee recommends approval as amended)
Gary Kaziukewicz, Manager of Regulatory Compliance for Waldorf Corporation, distributed
written comments in opposition to the proposed increase city sewer rates. He said
corporations that use large quantities of water such as Stroh Brewery and Waldorf cannot
continue to pay increased sewer rates and remain competitive in the industry.
Councilmembers Rettman and Guerin explained the need for the increase and reviewed
efforts to keep rates low. Councilmember Rettman asked that Waldorf assist the City in
lobbying the Legislature to ensure that the Metropolitan Waste Control Commission maintain
reasonable fees and minimum new requests.
Councilmember Thune said that some increases are due to State and Federal Government
requirements and charges.
After a brief discussion regarding the impact of rate increases on large customers,
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Rettman noted that Items 14-33 should have been listed to be laid over one
week as they originated in committee. After a brief discussion, Councilmembers agreed to
act on non-controversial items. Councilmember Long explained that referrals without
recommendations were due to the lack of a quorum in committee.
Councilmembers Maccabee, Thune and Guerin left during the discussion of some of the
following legislative resolutions but returned prior to the vote.
14. Resolution - 93-1953 - supporting fee of $20 for residential unlawful detainer court fees.
(Intergovernmental Relations & Public Safety Committee recommends approval)
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
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December 30, 1993
15. Resolution - 93-1954 - supporting certain changes to Chapter 471 of the Minnesota Statutes:
'The Uniform Municipal Contracting Act". (Intergovernmental Relations & Public Safety
Committee recommends approval)
Councilmember Rettman asked that this item be laid over for additional language to ensure
job retention in the area and purchase of Minnesota products.
Councilmember Long moved to lay over one week
Roll Call Yeas - 7 Nays - 0
16. Resolution - 93-1955 - supporting the recognition of Tax Exempt properry.
(Intergovernmental Relations & Public Safety Committee recommends approval)
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
17. Resolution - 93-1956 - supporting the creation of a State fire school and review board.
(Intergovernmental Relations & Public Safety Committee recommends approval)
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
18. Resolution - 93-1957 - supporting Legislation for funding for redevelopment of polluted
property. (Intergovernmental Relations & Public Safety Committee recommends approval)
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
19. Resolution - 93-1958 - regarding reformation of sales tax collection policies.
(Intergovernmental Relations & Public Safety Committee referred to Council without
recommendation.)
A brief discussion ensued between Councilmembers Rettman, Long, Guerin, and Maccabee
regarding the Department of Revenue may be collection procedure which may result in more
dollars to the state than expected..
Councilmember Maccabee suggested a layover to seek staff input.
Pam Wheelock, Budget Director, gave a brief explanation on how the State calculates and
rounds off the sales tax and said the Budget supports the resolution.
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
20. Resolution - 93-1959 - regarding termination of vendor. (Intergovernmental Relations & Public
Safety Committee referred to Council without recommendation)
Councilmember Rettman propo�eu an amendment to clarify the timeline on rental period.
Councilmember Long moved approval as amended.
Adopted Yeas - 7 Nays - 0
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December 30, 1993
21. Resolution - 93-1960 - concerning requests for State Bonding Revenue supported by the City
of Saint Paul. (Intergovernmental Relations & Public Safety Committee referred to Council
without recommendation.)
Councilmember Long gave a brief explanation of the resolution.
Councilmembers Rettman and Maccabee proposed amendments to clarify the City's support
for other agencies requesting state bonding revenue.
Councilmember Long moved approval as amended.
Adopted Yeas - 7 Nays - 0
22. Resolution - 93-1961 - supporting Como Park Conservatory Debt Service. (Intergovernmental
Relations & Public Safety Committee recommends approval.)
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
23. Resolution - 93-1962 - supporting continuation of the combined sewer overflow abatement
program. (Intergovernmental Relations & Public Safety Committee recommends approval.)
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
24. Resolution - 93-1963 - concerning requests for State Capital Improvement Funds for the City
of Saint Paul. (Intergovernmental Relations & Public Safety Committee referred to Council
without recommendation.)
Councilmember Long gave a brief explanation and moved approval.
Adopted Yeas - 7 Nays - 0
25. Resolution - 93-1964 - supporting a new manufacturing jobs incentive bill. (Intergovernmental
Relations & Public Safety Committee recommends approval.)
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
26. Resolution - 93-1�5 - regarding Metropolitan Governance Reform. (Intergovernmental
Relations & Public Safety Committee referred to Council without recommendation.)
Councilmember Rettman suggested that the item be laid over to review the impact on taxing
jurisdictions.
After a brief discussion, Councilmember Long moved a one week lay over.
Roll Call Yeas - 7 Nays - 0
27. Resolution - 93-1966 - regarding several housing issues. (Intergovernmental Relations &
Public Safety Committee recommended approval.)
Councilmember Long explained the resolution and moved approval.
Adopted Yeas - 7 Nays - 0 �
28. Resolution - 93-1�7 - requesting change in the Minnesota Public Employment Labor
Relations Act regarding contract interest arbitration. (Intergovernmental Relations & Public
�Safety Committee referred to Council without recommendation.)
Councilmember Long explained the resolution and moved approval.
Adopted Yeas - 7 Nays - 0
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December 30, 1993
29. Resolution - 93-1968 - supporting changes to the tax increment law. (Intergovernmental
Relations & Public Safety Committee recommends approval.)
Councilmember Long explained the resolution and moved approval.
Adopted Yeas - 7 Nays - 0
30. Resolution - 93-1969 - supporting the local government trust fund and a constitutional
dedication of various revenues to property tax relief. (Intergovernmental Relations & Public
Safety Committee recommends approval.)
Councilmember Long stated that the same proposal was approved by the Council last year
and moved approval.
Adopted Yeas - 7 Nays - 0
31. Resolution - 93-1970 - supporting legislation that provides property tax reform.
(Intergovernmental Relations & Public Safety Committee referred to Council without
recommendation.)
Councilmember Long explained the resolution and moved approval.
Adopted Yeas - 7 Nays - 0
32. Resolution - 93-1971 - supporting current fiscal disparities distribution. (Intergovernmental
Relations & Public Safety Committee recommends approval.)
Councilmember Long gave explanation on resolution and moved approval.
Adopted Yeas - 7 Nays - 0
33. Resolution - 93-1972 - supporting legislation concerning transit funding. (Intergovernmental
Relations & Public Safety Committee recommends approval.)
Councilmember Rettman proposed an amendment to reiterate St. Paul's position of the
importance of LRT in the metropolitan area and that any transit funding legislation maintain
the St. Paul/Mpls. alignment as the first designated alignment.
President Wilson asked that the new administration pay close attention to the LRT issue as
past staff have not advocated the Council's position on this issue.
After a brief discussion, Councilmember Long moved approval as amended.
Adopted Yeas - 7 Nays - 0
MISCELLANEOUS:
34. Resolution - 93-1903 - considering the consolidation of the Saint Paul Police Department Relief
Association (SPPDRA) with the Public Employees Police and Fire Fund (PERA-P&F). (laid over
from December 23 and 28)
Pam Wheelock, Budget Director, distributed written responses to questions raised at previous
meetings. She explained some of the advantages of consolidation such as internal equity,
short term cash flow improvement, and predictability of City budgeting. Ms. Wheelock said
Mayor Scheibel and staff recommends consolidation.
Councilmembers Guerin, Maccabee, Long, Rettman, and Wilson spoke in support of
consolidation due to the cost savings.
Councilmembers Guerin and Long r„.�v�� approvaL
Adopted Yeas - 7 Nays - 0
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December 30, 1993
Councilmember Guerin requested that Administrative Order D-12706 of Item #5 be referred to
the Finance Committee.
Councilmember Rettman said that Item #8 did not need to be referred to the Finance
Committee.
Councilmember Guerin moved approval of the Consent Agenda as amended.
Adopted Yeas - 7 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of minutes from the November 30, December 2 and 7, 1993 City Council meetings.
Adopted Yeas - 7 Nays - 0
2. Claim of W. F. Jones.
Referred to the Cit�r Attorney's Office.
3. Summons & Complaint In the Matter of Frank Albercio Guajardo vs. the City of Saint Paul.
Referred to the City Attorney's Office.
4. Summons & Complaint In the Matter of Heidi Hayes & Jerry Hayes vs the City of Saint Paul et
al.
Referred to the City Attorney's Office.
5. Administrative Orders:
D-12694 - 1993 Budget revision in the Department of Parks & Rec/Special Services Fund.
D-12695 - 1993 Budget revision in the Department of Parks & Rec/Municipal Athletics Fund.
D-126� - 1993 Budget revision in the Department of Parks & Rec/Seasonal Swimming
Pools Fund.
D-12697 - 1993 Budget revision in the Department of Parks & Rec/General Fund.
D-12698 - 1993 Budget revision in the Department of Parks & Rec/General Fund.
D-12699 - 1993 Budget revision in the Department of Finance/General Government Fund.
D-12700 - 1993 Budget revision in the Department of Finance & Management Services/Debt
Service Fund.
D-12701 - 1993 Budget revision in the Department of Parks & Rec/Special Services Fund.
D-12702 - 1993 Budget revision in the Department of Parks & Rec/Watergate Marina Fund.
D-12703 - 1993 Budget revision in the Department of Parks & Rec/Seasonal Swimming
Fund.
D-12704 - Additions of $2,553.35 to the contract for the Como Lakeside Area Parking Lot
Development Project.
D-12705 - Additions of $278,680.01 to the contract for the Maryland-Dale Storm Sewer &
Paving Project.
D-12706 - Extending for one year the lease agreement granting the use of vacant land to
Naegele Outdoor Advertising, Inc.
Noted on file in City Clerk's Office with the exception that D-12706 be referred to committee.
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December 30, 1993
6. Resolution - 93-1937 - approving the Housing & Redevelopment Authority property tax levy
(payable 1994) and the 1994 HRA Budget.
Adopted 12/23/93 under suspension
7. Resolution - 93-1938 - approving an extension of time to complete the work being done on a
building being repaired at 746 E. Cook Avenue.
Adopted Yeas - 7 Nays - 0
COMMITTEE REFERRAL:
8. Resolution - 93-1939 - amending the 1993 Budget in Risk & Employee Benefits Management
Division by transferring $900 to the financing and spending plans to cover expenses in the
Wellness program. (Finance)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
ORDINANCES
9. First Reading - 93-1940 - An ordinance amending section 159.05 of the Legislative Code
pertaining to Limited Parking Zones; exemption for holidays. (For Action)
Laid over until January 12th for Second Reading.
COMMITTEE REPORTS:
10. Resolution - 93-1656 - amending the 1993 Budget of the Police Department by closing Special
Revenue Fund 410. (Finance Committee recommends approval)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
11. Resolution - 93-1717 - establishing water rates for 1994. (Finance Committee report stated the
water rates have been recommended as part of the 1994 Budget deliberations)
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
12. Resolution - 93-1750 - amending the 1993 Budget in the Dept. of Planning & Economic
Development by releasing consultant funds from contingency. (Finance Committee
recommended approval as amended in Committee)
Councilmembers Maccabee and Rettman moved approval as amended by Committee. �
Adopted Yeas - 7 Nays - 0
13. Resolution - 93-1752 - amending the 1993 Capital Improvement Program by transferring
spending and financing from the 1992 Combined Sewer Separation Paving Program and
adding Water Utility financing to the Edgcumbe/St. Dennis Combined Sewer Separation
Project. (Finance Committee recommended approval)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
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December 30, 1993
PUBLIC HEARINGS:
14. Resolution 93-1932 - approving an application for a new State Class B Gambling Premise
Permit to Como Area youth Hockey at Ryan's, 201 E. 4th Street.
No one appeared in opposition
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays- 0
15. Resolution - 93-1933 - approving an application for renewal of a State Class B Gambling
Premise Permit by Como Area Youth Hockey at Ryan's, 201 E. 4th Street.
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
16. Resolution - 93-1934 - approving an application for a new Gambling Manager's License by
Michael J. Plasch dba Como Area Youth Hockey at Ryans, 201 E. 4th Street.
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
17. Resolution - 93-1935 - approving an application for a new State Class B Gambling Premise
Permit by Minnesota Amateur Rugby Foundation at Coach's Pub, 1192 N. Dale Street.
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
18. Resolution - 93-1936 - approving an application for a new Gambling Manager's License by Paul
Johnson dba Minnesota Amateur Rugby Foundation at Coach's Pub, 1992 N. Dale Street.
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
19. Resolution - 93-1941 - approving an application for a Massage Therapist License by Katherine
M. Stokman at 1840 St. Clair Avenue.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
MISCELLANEOUS:
Council President Wilson left and returned during discussion of the following item.
20. Resolution - 93-1905 - allowing the Saint Paul Fire Relief Consolidated PERA firefighters hired
before July 1, 1980 to have the same pension benefits granted firefighters hired since June 30,
1980. (Laid over from December 23rd and December 28)
Councilmember Guerin explained the change and the cost impact.
Councilmember Maccabee spoke in opposition as it is a discretionary benefit increase which
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December 30, 1993
(Discussion continued from previous page.)
will cost the City money by reducing the savings expected for consolidating pension funds.
Councilmembers Thune and Long spoke in favor due to past and current efforts to maintain
parity between members of the Police & Fire Departments.
Councilmember Rettman asked for the administration's recommendations. Ms. Wheelock,
Budget Director, said Mayor Scheibel had expressed some reservations but did not have a
recommendation. Ms. Wheelock said she recommended against passage due to the increased
cost to the city. She noted that there will be parity between Police and Fire Departments
members if the discretionary benefits are approved but it does not mean that their benefits will
be equal because of other factors.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 1(Maccabee)
Resolution - 93-1914 - approving the appointment of Louis Greengard to fill a vacancy on the
Civic Center Authority. (Laid over from December 28)
Councilmember Long moved a one week layover.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1908 - approving the appointments of Carol Osip, Phil Ravitrky and Wayne
Lundeen to the Parks and Recreation Committee. (Laid over from December 28).
Councilmember Thune moved approval with the deletion of Wayne Lundeen's appointment as
there is not a vacancy for him to fill.
Adopted as amended Yeas - 7 Nays - 0
Resolution - 93-1875 - approving the appointments of Michael Peterson and Dennis Grogan
and the reappointments of Richard Miller, Frank Gurney and Clarence Seidel to the Capital
Improvement Budget Committee. (Laid over from December 21 and 28 for adoption)
Councilmembers Long & Thune moved approval.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1876 - approving the appointments of Sherry Lampman, Barbara Meyer,
Roberta Sladky and Frank Feinberg to the Como Park Educational Resource Center Task
Force. (Laid over from December 28)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1877 - approving the appointments of Steve Buetow, David Heide, Jayne Lallier,
Peter Kessler and Brian Horrigan and the reappointments of Deborah Miller and Richard
Murphy to the Heritage Preservation Commission. (Laid over from December 28)
Councilmember Maccabee moved a one week layover.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1878 - approving the appointments of Elna Avey, John Filter and Jane Kramer
to the Neighborhood Advisory Committee (NAC). (Laid over from December 28)
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
�`1S'y
December 30, 1993
Councilmember Guerin moved to recall the following resolution from Committee.
Yea�-7 Nays-0
Resolution 93-1926 - pertaining to #+a��g #�iri� of lead water service connection replacement
costs and assessment for such costs.
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Guerin moved to recall the following ordinance from Committee.
Yeas - 7 Nays - 0
Ordinance 92-102 An ordinance adopting outdoor storage and industrial amendments.
Councilmember Grimm moved withdrawal as the item was already adopted in another in
another ordinance.
Withdrawn Yeas - 7 Nays - 0
Councilmember Long moved to suspend the rules for the following resolution.
Yeas - 7 Nays - 0
Resolution 93-1977 approving the removal of ornamental safety fencing at 1550 Mississippi
River Boulevard and replacing with new fence. '
Councilmembers Maccabee and Rettman asked that this item be laid for additional information
and cost estimates.
Councilmember Long spoke in opposition to the layover and noted Councilmember-elect
Harris' involvement in the issue.
After a brief discussion, Councilmember Long moved a one week layover.
Roll Call Yeas - 7 Nays - 0
Councilmember Thune moved suspension for the following resolution.
Yeas - 7 Nays - 0
Resolution 93-1975 - accepting and expending $35,000 in grant from the Otto Bremer
Foundation to support social policy prevention strategies.
At the request of Council President Wilson, Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Thune moved suspension for the following resolution.
Yeas - 7 Nays - 0
Resolution 93-1976 - accepting the Federal Emergency Management Agency payment for costs
incurred by the Street Repair and Cleaning fund during the floods of 1993.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
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December 30, 1993
Councilmember Long moved to adjourn the meeting.
Adopted Yeas - 7 Nays - 0
DAT7:15P.M.
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ATTEST: ,, Coun r sid�arrrbVison
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� Minutes approved by Council
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