Approved Minutes 2-10-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, February 10, 1999 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry
Absent - 1 - Reiter(Excused)
CONSENT AGENDA (Items 1 -24)
Councilmember Blakey requested Item 8 be removed for discussion.
Councilmember Harris requested Item 17 be removed for discussion.
Councilmember Benanav requested Item 19 be removed for discussion.
Council President Bostrom requested Item 21 be laid over two weeks.
Councilmember Harris moved approval of the consent agenda as amended Yeas - 6 Nays - 0
FOR ACTION
1. Approval of minutes of December 23, 1998.
Adopted Yeas - 6 Nays - 0
2. Claims of Tracy Behrends, Stacey Boehm,Neal Davids, Kimberly Hofmann, Kimberly Johnson, Bill
& Carol Mantel, Shari Skarda, and Ann Kiley Volinic.
Referred to Employee/Risk Management Division
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on February 24, 1999, to consider the application of the Housing and
Redevelopment Authority for a Combined Plat Review to allow the former Phalen Shopping Center
property to be subdivided into six separate lots.
4. Letters from the Citizen Service Office/Property Code Enforcement declaring 582 State Street and
1099 Wakefield Avenue as "nuisance properties" and setting date of Legislative Hearings for
February 16, 1999, and City Council Hearings for February 24, 1999.
5. Letters from the Citizen Service Office/Property Code Enforcement declaring 1047 Arcade Street
and 547 Blair Avenue as "nuisance properties." (For notification purposes only; public hearings will
be scheduled at later date if necessary.)
6. Administrative Orders:
D001646 Transferring spending authority in the Department of Public Works, Street Repair and
Cleaning Fund, to adjust spending budgets for the year 1998.
February 10, 1999 City Council Summary Minutes Page 2
D001647 Professional Service Contract between the Saint Paul Police Professional
Development Institute and consultant Stanley M. Slowik for employee training in
objective pre-employment interviewing techniques.
D001648 Amending the 1998 budget in the Department of Planning and Economic
Development to correct activity codes in Fund 967.
D001649 Amending the 1999 budget in the Police Department to appropriately reflect General
Fund expenditures for 1999.
D001650 Approving funding, not to exceed$9,000, for the Division of Parks and Recreation's
annual conference on March 9, 1999, at Earle Brown Center.
Noted as on file in the City Clerk's Office
7. Resolution- 99-117 -Approving the appointments of Michael Hernandez and Dudley Younkin, by
Mayor Coleman, to the Saint Paul Heritage Preservation Commission.
Adopted Yeas - 6 Nays - 0
8. (Discussed after the consent agenda)
9. Resolution - 99-119 -Approving the appointment of Matthew Mejia, by Mayor Coleman, to the
Capitol Area Architectural Planning Board.
Adopted Yeas - 6 Nays - 0
10. Resolution- 99-120 - Approving the reappointment of Councilmember Jerry Blakey to the Family
Housing Fund Board of Directors.
Adopted Yeas - 6 Nays - 0
11. Resolution- 99-121 - Finalizing City Council action taken January 6, 1999, denying the appeal of
Louie's Billiards, Inc. to a decision of the Saint Paul Planning Commission denying a special
condition use permit to allow a billiard hall at 1992 Suburban Avenue.
Adopted Yeas - 6 Nays - 0
12. Resolution- 99-122 -Finalizing City Council action taken January 13, 1999, denying the appeal of
James and Bonnie D'Aquila to a decision of the Board of Zoning Appeals granting a lot split
variance in order to subdivide property at 5 Crocus Hill into two parcels along the existing zoning
line.
Adopted Yeas - 6 Nays - 0
13. Resolution- 99-123 -Finalizing City Council action taken January 13, 1999, denying the appeal of
Peter Maranda to a decision of the Board of Zoning Appeals denying a setback variance and a
variance of the maximum allowable size for an accessory structure at 1904 Ashland Avenue.
Adopted Yeas - 6 Nays - 0
14. Resolution - 99-124 - Supporting legislation to amend Minnesota Statutes to allow issuance of a
liquor license to the Fitzgerald Theatre, and requesting that the Minnesota Legislature adopt such
legislation during its 1999 Regular Session.
Adopted Yeas - 6 Nays - 0
February 10, 1999 City Council Summary Minutes Page 3
15. Resolution- 99-125 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 235 Belvidere Street East.
Adopted Yeas - 6 Nays - 0
16. Resolution- 99-126 -Approving platting of land for Stewart Bluff Townhomes at 7XX Stewart
Avenue (southeast side between Bay and Sumac Streets).
Adopted Yeas - 6 Nays - 0
17. (Discussed after the consent agenda)
18. Resolution- 99-128 - Establishing a new project in the 1998 Capital Improvement Budget entitled
Dayton's Bluff Community Theater.
Adopted Yeas - 6 Nays - 0
18. (Discussed after the consent agenda)
20. Resolution- 99-130 - Authorizing the proper City officials to execute a proposed settlement
agreement between the City of Saint Paul and Northern States Power Company for a disputed sewer
bill.
Adopted Yeas - 6 Nays - 0
21. Resolution- 99-131 - Approving right-of-way management permit fee structure.
Laid over to February 24 Yeas - 6 Nays - 0
22. Resolution- 99-132 -Approving a Joint Powers Agreement between the City of Saint Paul and
Ramsey County allowing Ramsey County to construct, operate, maintain, and police the proposed
Trout Brook County Trail on city-owned land.
Adopted Yeas - 6 Nays - 0
23. Preliminary Order- 99-133 - In the matter of improving streets with one or more of the following:
new bituminous roadway, concrete curb and gutter, driveway aprons reconstructed with concrete,
sodded boulevards, and a lantern style street light system as part of the Ivy/Earl Residential Street
Vitality Program, and setting date of public hearing for March 10, 1999. (File#18893)
Adopted Yeas - 6 Nays - 0
24. Preliminary Order- 99-134 - In the matter of construction of storm sewer connections, sanitary
sewer connections, and water connections, at the property owner's request, in conjunction with the
Ivy/Earl Residential Street Vitality Program, and setting date of public hearing for March 10, 1999.
(File#18893C)
Adopted Yeas - 6 Nays - 0
February 10, 1999 City Council Summary Minutes Page 4
8. Resolution- 99-118 - Approving the appointments of James Bellus, Daniel Scott, Richard
Wolfgramm, and Stan Donnelly,by Mayor Coleman, to the Saint Paul Heritage Preservation
Commission.
Councilmember Blakey stated that he received several calls from constituents regarding the Heritage
Preservation Commission (HPC) and they indicated they would like to have a public hearing on the
criteria for appointments to the HPC. He suggested the resolution be laid over to allow for a public
hearing to be scheduled.
Councilmember Coleman stated that there may be criteria of the make-up of the HPC that may not
be met if these appointments were approved. However, Coleman suggested that the Council move
forward with the appointment of James Bellus, as he felt he met the criteria for the appointment, and
that the remaining appointments be laid over.
Councilmember Harris moved approval of the appointment of James Bellus. Yeas - 6 Nays - 0
Councilmember Blakey suggested a three week layover of the remaining appointments in order to
have a public hearing.
Councilmember Coleman suggested that it be laid over for two weeks for a discussion to determine
the criteria that needs to be met or risk losing funding. He noted that they were lacking people on
the HPC who are historians by training. Councilmember Coleman further requested that Gerry
Strathman, Council Research Director, contact Aaron Rubenstein, Office of License, Inspections and
Environmental Protection, to provide information pertaining to criteria.
Councilmember Blakey moved to lay over the remaining appointments for two weeks. A public
hearing and discussion will be held regarding the criteria for Heritage Preservation Commission
appointments.
Adopted as amended Yeas - 6 Nays - 0
(Note: Additional discussion on this issue took place at the end of the meeting; see page 12)
17. Resolution- 99-127 - Providing $250,000 for burial of overhead power and transmission lines on
Chestnut Street/Eagle Parkway in 1999.
Councilmember Harris noted that this is not a budgeted item. He questioned Public Works' staff
why this area was chosen rather than another area of the City as a lot of money has already been
budgeted for this area in preparation for the new Science Museum.
Ed Warn, Department of Public Works, stated that the proposal is to use $250,000 of CIB money
that is currently in the Shepard Road budget for landscaping on Shepard Road. The landscaping will
not be done until the year 2000.
John Wirka, Division of Parks and Recreation, added that Parks and Recreation and Public Works
are working jointly on this project. They are almost ready to bid on the street work and the amenity
February 10, 1999 City Council Summary Minutes Page 5
work. There is $480,000 budgeted by Parks for the amenity work and Public Works has budgeted
about$500,000 for the street work. As they work toward the conclusion of the plan preparation,
they have discovered, in talking to NSP, that they have a once in a life time chance to bury the major
power line on the west side of Chestnut Street. It can be buried as part of the road work for a much
lesser cost than at any other time. It is felt it will greatly improve the appearance of this major
entrance into downtown St. Paul. It has been discussed at length with Public Works and has been
approved by the CIB Committee.
Mr. Wirka stated that on the Shepard Road project, the two departments are working in a similar
fashion. They presently have $1.3 million available for the amenity work with the anticipation of
another million dollars in the year 2000 when the work is done. This is all CIB money. Should the
$250,000 not be found through grants, etc., they would have to scale back the amenity planting
work, the decorative stone work, etc.
Council President Bostrom asked if there is a chance the money would be taken from another project
such as a playground fund. Mr. Wirka responded that they would not propose that.
Councilmember Blakey said he was asked by residents in an historic area to have an overhead line
buried because it did not fit in with the historic nature. He felt it was not affordable and told the
residents that it could not be done. He questioned if a policy was being set by going forward
with this project. Mr. Wirka responded that whenever they are working on reconstruction of a
parkway, they always strive to bury the utility lines.
Councilmember Harris expressed concern that there is not enough CIB money available for other
projects and yet considerable amounts of money are being spent on larger scale projects. If the
Shepard Road project is going to be delayed, Harris said, he would like a commitment in the budget
from Public Works that some other projects will not be delayed or set aside in order to bury the
power lines. Councilmember Harris said he would like language put in the resolution to that effect.
Ed Warn responded that Public Works is satisfied with the commitment they have received from the
Division of Parks and Recreation and he felt it was reflected in the resolution.
Phil Byrne,Assistant City Attorney,provided language to be added to the resolution reflecting the
concerns expressed by Councilmember Harris.
Councilmember Benanav talked about playgrounds in the City that are in need of repair and he is
told there is no money to fix them. He said he considers playgrounds a priority over buried
powerlines and he feels the neighborhoods are not receiving equal treatment.
Councilmember Coleman responded that this is a gateway project to the City and a project where a
lot of money has been invested. The Science Museum is for all citizens and there is an opportunity
to make it the best project possible. It will be a lot more economical to bury the power lines during
the construction.
February 10, 1999 City Council Summary Minutes Page 6
Councilmember Harris suggested language be added to the resolution indicating that any proposal to
meet a shortfall in landscaping with other CIB funds shall not be done without the prior review and
approval of the City Council.
Councilmember Coleman accepted the amendment as friendly.
Councilmember Coleman moved approval.
Adopted as amended Yeas -5 Nays - 1 (Benanav)
19. Resolution- 99-129 -Releasing the Ayd Mill Road Draft Environmental Impact Statement, and
setting date of public hearing for March 24, 1999.
Councilmember Benanav questioned Phil Byrne, Assistant City Attorney, if the Council took action
on this resolution on this date,whether it would mean the Council was endorsing the EIS or
accepting it in any way. Mr. Byrne responded that the City Council would not be endorsing,
subscribing to, or in any way pre-determining any part of the project. The release of the draft EIS is
simply a preliminary step in the process that the Minnesota Rules provide for in doing an EIS.
Those rules require that the responsible governmental unit,which is the City of Saint Paul, has to
make the Draft EIS available for public review and comment and hold an informational meeting.
This resolution would release it for public comment and set the date of the public hearing. The
Council is not endorsing anything at this time. Even with the final EIS, the only thing the Council is
doing is determining whether or not it is adequate. The steps in determining whether or not it is
adequate is whether it addresses the issues raised in the scoping document, if responses have been
made to the comments received during the comment period, and whether the rules have been
followed by the Council. If all this has been done, the EIS is adequate but it still does not commit
the Council to the proposal, any alternative to the proposal or any conditions, permits, variances, or
any other governmental action.
(Coleman left and returned)
Mike Klasen, Department of Public Works, stated that he will respond to all comments received.
Councilmember Benanav requested that the Draft EIS be posted on the WEB.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
25. Resolution- 98-1038 - Authorizing the proper City officials and staff to enter into a lease agreement
with the Saint Paul Yacht Club that will supersede an agreement between the same parties dated
June, 1992. (Laid over from January 27)
Vic Wittgenstein, Interim Superintendent, Division of Parks and Recreation, reported that a re-
negotiated agreement between the City of Saint Paul and the St. Paul Yacht Club was prepared at the
request of the City Council. He explained that the reason a lease agreement is being done is to move
the Yacht Club from the lower harbor to the upper harbor in order to commence with the Harriet
Island project.
February 10, 1999 City Council Summary Minutes Page 7
Councilmember Coleman requested that Phil Byrne, Assistant City Attorney, review the final
agreement and offer an opinion. Also, the community was promised that they would have at least
one week to review the changes.
Mr. Wittgenstein stated that Assistant City Attorney Virginia Palmer had reviewed the language.
Councilmember Harris presented an amendment to the resolution requesting that the Division of
Parks and Recreation return to the Council on two dates in 1999 regarding the provisions pertaining
to the storage of boats and upkeep of the land. The amendment would insure that the Yacht Club is
following the provisions of the lease and provide an update to the Council. Councilmember
Coleman accepted Harris' amendment as friendly and included additional language that a yearly
update should be provided to the Council.
Councilmember Coleman moved approval of the amendment and a two week layover.
Amended and laid over to February 24 Yeas - 6 Nays- 0
26. (discussed after Item 33)
ORDINANCES
27. Final Adoption- 99-19 -An ordinance placing the position entitled Parks and Recreation Director,
formerly entitled Superintendent of Parks and Recreation, in the unclassified service pursuant to
Section 12.03.2(H) of the City of Saint Paul Charter. (Amended on January 6)
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
28. Final Adoption- 99-20 - An ordinance amending Chapter 21 of the Saint Paul Administrative Code
entitled Officer's Qualifications by establishing minimum qualifications for the unclassified position
of Parks and Recreation Director. (Amended on January 6)
Councilmember Blakey moved approval.
Councilmember Benanav stated that the position of Parks and Recreation Director is one of the more
important positions in the City and he expressed concern about the experience that is required under
this proposed ordinance; specifically, that experience for education can be substituted.
Councilmember Benanav moved to remove the last sentence in section two "the additional
experience may be substituted for educational requirement on a one year of experience for one year
of education basis." Removing this language will require a bachelors degree in the field. He further
proposed to increase the number of years of experience required from five to eight.
Councilmember Blakey said he was more concerned about the background of the individual and the
level of training, experience, and management they possess.
Councilmember Harris spoke against the amendment saying he does not want to exclude anyone and
he felt it would disqualify good people.
February 10, 1999 City Council Summary Minutes Page 8
John Hamilton, Director, Office of Human Resources, appeared. He stated that they are not trying to
dilute the qualifications required for the Parks Director position. These are minimum qualifications
meaning that they get people in the door but does not necessarily mean they will get a person hired.
In reality, Mr. Hamilton said their expectation is that someone coming in will have substantially
more experience than what is required. The Office of Human Resources was interested in expanding
the net in order to draw a diverse field of candidates. Mr. Hamilton stated that there are 16 Director
positions within the City. Of those, two have no minimum qualifications, one does not require any
college degree, minimum qualifications are accepted each time with four of them, and one requires a
masters degree. The minimum experience required is two years and the maximum is ten years. The
experience typically looked at is between five and seven years.
Councilmember Benanav amended his motion and moved to strike lines 14 and 15.
Councilmembers Coleman and Lantry spoke in support of the amendment. Councilmember Blakey
spoke in opposition to the amendment.
Council President Bostrom suggested that"one year of experience"be changed to: "three years of
experience would be equal to one year of education."
Phil Byrne, Assistant City Attorney,presented the amended language indicating that in place of lines
14 and 15, language read as follows: "Three years of additional experience may be substituted for
one year of the educational requirement." Councilmember Benanav accepted the amendment as
friendly.
Vote on Councilmember Benanav's amendment to delete lines 14 and 15.
Failed Yeas - 3 Nays - 3 (Blakey, Harris, Bostrom)
Vote on the second Benanav amendment to delete lines 14 and 15 and insert new language as
presented by Phil Byrne. Adopted Yeas - 6 Nays - 0
Amended and laid over to February 24 Yeas - 6 Nays - 0
29. Final Adoption- 99-56 -An ordinance revising parking meter pay rates pursuant to Chapter 160 of
the Saint Paul Legislative Code.
Phil Byrne, Assistant City Attorney, noted that the effective date clause in the ordinance needs to be
changed from January 31, 1999 to 30 days following passage, approval, and publication.
Councilmember Coleman moved approval as amended.
Amended and laid over to February 24 Yeas -4 Nays - 2 (Blakey, Harris)
30. Final Adoption- 99-75 - An ordinance allowing the construction of 22 town homes at 375, 381, 383,
387, 391, and 397 Colborne, 398 and 412 Duke, and 497 Palace.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
February 10, 1999 City Council Summary Minutes Page 9
31. First Reading - 99-136 - An ordinance prohibiting the use of the City's traffic signal preemption and
priority systems by unauthorized persons, and providing authority for such use by authorized
operators of emergency vehicles and public transit service buses.
Laid over to February 17 for second reading
32. First Reading - 99-137 - An ordinance amending Council File 98-766 relating to study of
pawnshops.
Laid over to February 17 for second reading
Suspension Item:
Councilmember Coleman moved for suspension of the rules and approval of the following
resolution:
Resolution- 99-142 - Allowing City employees to attend the historic sounding of the Titanic
whistles on February 20, 1999, and declaring this event a public purpose. Also to indemnify
sponsors of the event harmless from any and all damages which may occur.
Councilmember Benanav questioned what the City was indemnifying with this resolution. Phil
Byrne, Assistant City Attorney, explained that often someone wants to put on an event but they are
concerned about liability they may incur and they ask the City to indemnify them for any damages
they might cause by their negligence. By approving this type of resolution, the City is indemnifying
the sponsors of the whistle blowing only for a limited category of things. Damage to their own
property is covered but the City is indemnifying them for claims brought against them by third
parties.
Councilmember Harris expressed concern about possible damage to the whistles.
Phil Byrne suggested in the second to last"further resolved" an amendment could be made to
include that it does not cover casualty, loss, to the named parties property.
Councilmember Coleman moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
The meeting was recessed from 4:52 - 5:30 p.m.
Roll Call Present - 6 Absent- 1 (Reiter- excused)
PUBLIC HEARINGS
33. Resolution- 99-138 - Approving the Amended and Restated Tax Increment Financing Plan for the
Block 39/Arena Redevelopment Tax Increment Financing District.
Bob Geurs, Department of Planning and Economic Development, stated that action was taken on this
date at the Housing and Redevelopment Authority meeting for part of the necessary financing
approval that was considered in February on the financing plan. The public hearing was set at that
February 10, 1999 City Council Summary Minutes Page 10
time for discussion of the tax increment district so those increments can be pledged for the sale of the
sales tax bonds for the arena project.
No one appeared in opposition.
Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
26. Resolution - 99-135 - Authorizing the issuance of the Taxable Sales Tax Revenue Bonds
(Arena Project), Series 1999A and approving and authorizing the execution of documents in
connection with the bonds. (Note: This item will be considered following the public hearing
for Item #33 - Amended and Restated Tax Increment Financing Plan for Block 39)
Joe Reid, Department of Financial Services, explained that this resolution authorizes the City
to issue the sales tax revenue bonds which were part of the financing plan that was presented
to the Council in January. The official statement was printed on this date and it is consistent
with the financing plan.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
34. Final Order- 99-139 - In the matter of improving the alley in Block 3, Ryan Place, (bounded by
Randolph, Mount Curve, Hartford, and Mississippi Boulevard)by grading and paving with
bituminous material. (File#18891)
Councilmember Harris moved to lay over indefinitely at the request of Public Works' staff and to
continue the public hearing.
Laid over indefinitely for continuation of public hearing Yeas - 6 Nays - 0
35. Final Order- 99-140 - In the matter of condemning and taking an easement in the land necessary for
the slopes, cuts, and fills, including the right of removal of lateral support, in the grading and paving
of the alley in Block 3, Ryan Place. (File#18891-S)
Councilmember Harris moved to lay over indefinitely at the request of Public Works' staff and to
continue the public hearing.
Laid over indefinitely for continuation of public hearing Yeas - 6 Nays - 0
36. Resolution- 99-141 - Vacation of the right of way near the area of Rose &Barclay for construction
of the State of Minnesota's Bureau of Criminal Apprehension Building.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
Referring to Item#8, Councilmember Blakey clarified that he intended as part of his earlier motion
that he wanted a public hearing to be held and this was not recorded as part of the motion.
Council President Bostrom noted what action was taken and Councilmember Coleman clarified that
February 10, 1999 City Council Summary Minutes Page 11
his motion was that part of it was adopted and the remainder was laid over as a discussion item as he
would like to find out what the criteria for certification by the Department of Interior are regarding
the makeup of the HPC. Then the Council will have a sense of whether or not the applicants who are
still under consideration would meet that criteria. The other information can still be obtained,but it
would not preclude the Council from allowing a public hearing.
Councilmember Blakey said the calls he has received from people concerned about both these
appointments and the entire HPC issue indicated that they wanted their concerns heard. He said he
would like to set a date for a public hearing.
Councilmember Coleman suggested that the public hearing be framed for just the criteria for
selection of HPC commissioners.
Council President Bostrom suggested that a decision be made regarding a public hearing in two
weeks after the first discussion.
Councilmember Blakey moved to hold a public hearing on February 24. Yeas - 6 Nays - 0
Councilmember Blakey moved to adjourn the meeting.
ADJOURNED AT 5:40 P.M.
Daniel Bostr m, Council President
ATTEST:
Minutes approved by Council
Nancy An on ,.�1 \ `\°`'\
Assistant Council Secretary
nice