Approved Minutes 12-23-1998 I
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, December 23, 1998 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Saint Paul, Minnesota
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Lantry, Reiter
Absent - 1 - Harris (arrived after the consent agenda)
CONSENT AGENDA (Items 1 - 32)
Councilmember Lantry requested Items 9 & 13 be removed for discussion.
Councilmember Benanav requested Item 21 be removed for discussion.
Councilmember Blakey requested Item 30 be removed for discussion.
Councilmember Benanav moved approval of the consent agenda as amended. Yeas - 6 Nays - 0
�• FOR ACTION
1. Approval of minutes of November 12, 1998.
Adopted Yeas - 6 Nays - 0
2. Claims of Samatha Buhn, Billie Jo Fleischman, Kelvin McCuskey, Darin Schauer, Robert Strong,
Chue Chong Vang, and Dacquiri Williams.
Referred to the Employee/Risk Management Office
3. Notice of Appeal of Commissioners' Award by Fee Owners and Ground Lessors in the matter of
the Port Authority of the City of Saint Paul vs. D.S.P.O.T., L.L.C., et al.
Referred to the City Attorney's Office
4. Notice of Appeal as to Parcel 1 - Bremer Tower in the matter of the Port Authority of the City of
Saint Paul vs. D.S.P.O.T., L.L.C., et al.
Referred to the City Attorney's Office
5. Letter from the Department of Planning and Economic Development announcing a public hearing
on January 6, 1999, to consider the appeal of Louie's Billiards, Inc. to a decision of the Planning
Commission denying a special condition use permit to allow a billiard hall at 1992 Suburban
Avenue.
December 23, 1998 City Council Summary Minutes Page 2
6. Administrative Orders:
D001629 Authorizing expenditures, not to exceed $40,000, for payment to various vendors for
services required by Parks and Recreation in producing the Night We Light, Mayor's
Holiday Party for Children, and the Mayor's Winter Carnival Reception in 1998 and
1999.
D001630 Approving the contract with Metropolitan State University for room rental and
catering services for the Zenger Miller Facilitator certification on December 15-18,
1998.
D001631 Transferring $6,000 to the General Fund for PC Replacement Program in the Office
of Financial Services/Treasury.
D001632 Authorizing release of$50,000 from Mayor's Contingency to fund consultant services
for the Fire Fighter exam.
Noted as on file in the City Clerk's Office
7. Resolution - 98-1119 - Approving the appointment of Cullen Sheehan as Assistant to the Mayor
effective December 7, 1998
Adopted Yeas - 6 Nays - 0
8. Resolution - 98-1120 - Approving the appointment of Brian Sweeney as Assistant to the Mayor
effective December 14, 1998.
Adopted Yeas - 6 Nays - 0
9. (Discussed after the consent agenda)
10. Resolution - 98-1122 - Approving the 1998 year-end budget adjustments.
Adopted Yeas - 6 Nays - 0
11. Resolution - 98-1123 - Approving the budget for the Metropolitan Council Tax Base Revitalization
Account.
Adopted Yeas - 6 Nays - 0
12. Resolution - 98-1124 - Appointing the law firm of Halleland, Lewis, Nilan, Sipkins and Johnson
to represent the City of Saint Paul in the matter of the proceedings involving EEOC complaints
filed against the Office of the City Attorney by four of its employees.
Adopted Yeas - 6 Nays - 0
13. (Discussed after the consent agenda)
14. Resolution - 98-1126 - Establishing a spending plan for the surplus revenue received at Midway
Stadium.
Adopted Yeas - 6 Nays - 0
15. Resolution - 98-1127 - Approving a budget amendment for the "Rec Check" program which
provides after-school recreational activities for school aged children at 13 recreation centers.
Adopted Yeas - 6 Nays - 0
December 23, 1998 City Council Summary Minutes Page 3
16. Resolution - 98-1128 - Authorizing acceptance, expenditure, and budget adjustments for a
Minnesota Amateur Sports Commission (MASC) grant in the amount of$2,500 to the Division of
Parks and Recreation for defrayal of track and field fees for youth at Martin Luther King
Recreation Center.
Adopted Yeas - 6 Nays - 0
17. Resolution - 98-1129 - Accepting a donation of$11,500.00 to the Department of Fire and Safety
Services from St. Paul Firefighters Local 21 to be used for uniforms for the Honor Guard, hosting
an annual awards banquet, and for continued educational purposes.
Adopted Yeas - 6 Nays - 0
18. Resolution - 98-1130 - Establishing financing and spending plans for revenue received from the
State of Minnesota for hazardous materials response provided by the Department of Fire and
Safety Services.
Adopted Yeas - 6 Nays - 0
19. Resolution - 98-1131 - Authorizing carryforward of any part of the City's 1998 entitlement
allocation which remains unused at the end of 1998 for the purposes of qualified mortgage bonds
and/or mortgage credit certificates.
Adopted Yeas - 6 Nays - 0
20. Resolution - 98-1132 - Approving and authorizing the issuance of a loan to Miratec Systems, Inc.
through the STAR Year-Round Loan Program, District 4, Ward 2.
Adopted Yeas - 6 Nays - 0
21. (Discussed after the consent agenda)
22. Resolution - 98-1134 - Approving disbursement of funds for reimbursement to Parking
Enforcement Officers and Community Liaison Officers for educational expenses.
Adopted Yeas - 6 Nays - 0
23. Resolution - 98-1135 - Increasing spending authority in the Department of Public Works Asphalt
Plant Internal Service Fund based on projected total 1998 revenues.
Adopted Yeas - 6 Nays - 0
24. Resolution - 98-1136 - Approving an accounting change of the classification of contributed capital
as retained earnings in Fund 124 - Purchasing's Value Added Services in the 1998 budget.
Adopted Yeas - 6 Nays - 0
25. Resolution - 98-1137 - Approving the Memorandum of Understanding between the City and
AFSCME Council 14, Locals 2508 and 1842 regarding the 1999 change in the lead abatement
enforcement program for the Lead Hazardous Paint Program. (To be laid over one-weelk two
weeks for adoption)
Laid over to January 6 for adoption Yeas - 6 Nays - 0
December 23, 1998 City Council Summary Minutes Page 4
26. Resolution - 98-1138 - Authorizing the purchase of property located at 1705 Hoyt Avenue East as
part of Phase I of the Hoyt-Montana Flood Remediation Project.
Adopted Yeas - 6 Nays - 0
27. Resolution - 98-1139 - Approving an easement agreement with Northern States Power Company
for a natural gas regulator station.
Adopted Yeas - 6 Nays - 0
28. Resolution - 98-1140 - Releasing permanent slope easements acquired by C.F.98-352 for the
realignment of Prosperity Avenue.
Adopted Yeas - 6 Nays - 0
29. Resolution - 98-1141 - Conveying a roadway easement to Lake Phalen Townhomes LLC that they
have requested.
Adopted Yeas - 6 Nays - 0
30. (Discussed after the consent agenda)
31. Preliminary Order - 98-1143 - 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, and setting date of public hearing for February 10, 1999. (File
#18891)
(Withdrawn by Harris and reconsidered later in the meeting)
Adopted Yeas - 5 Nays - 0 (Benanav & Coleman not present for vote)
32. Preliminary Order - 98-1144 - 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, and setting date of public hearing for
February 10, 1999. (File #18891-S)
Adopted Yeas - 6 Nays - 0
Suspension Items
Councilmember Coleman moved for suspension of the rules to introduce the following resolutions.
Yeas - 6 Nays - 0
(Harris arrived)
Resolution - 98-1149 - Declaring Wednesday, December 30, 1998, as Thomas L. Fabel Day.
Tom Fabel, departing Deputy Mayor, was recognized by the City Council for his service to the
City.
December 23, 1998 City Council Summary Minutes Page 5
All Councilmembers moved approval.
Adopted Yeas - 7 Nays - 0
Resolution - 98-1150 - Declaring Wednesday, December 23, 1998, as Chuck Armstrong Day.
Chuck Armstrong, departing member of Mayor Coleman's staff was recognized by the City
Council for his service to the City
The entire Council moved approval.
Adopted Yeas - 7 Nays - 0
At this time Boy Scout Troop 671 from Ward 3 were recognized by the Council.
Councilmember Harris moved to reconsider Item 31 and withdrawal. Yeas - 7 Nays - 0 (Item 31 was
reconsidered later in the meeting also)
9. Resolution - 98-1121 - Approving the appointment of George Fremder, by Mayor Coleman, to
District Energy St. Paul, Inc. Board of Directors.
Councilmember Lantry moved to lay over two weeks.
Laid over to January 6 Yeas - 7 Nays - 0
13. Resolution - 98-1125 - Approving the decision of the Legislative Hearing Officer on
Property Code Enforcement Appeals for property at 311 Walnut Street, 1201 Selby
Avenue, 1697 Margaret Street, 281 Fifth Street East, and 1956 Feronia Avenue.
Councilmember Coleman requested a staff report on 281 Fifth Street East. Gerry
Strathman, Legislative Hearing Officer, stated that this is the Crane Building, a
commercial building in downtown St. Paul which has been under orders for about two
years to disconnect rainleaders. The owners filed an appeal to a recent directive from the
Department of Public Works to disconnect the rainleaders or the City would take legal
action.
Councilmember Coleman moved to lay over 281 Fifth Street East three weeks for a public
hearing.
Adopted as amended Yeas - 7 Nays - 0
(281 Fifth Street East laid over to January 13)
21. Resolution - 98-1133 - Adopting the Land Use Plan as an amendment to the Saint Paul
Comprehensive Plan.
Councilmember Benanav moved to lay over two weeks in order to get detailed information from
staff.
Laid over to January 6 Yeas - 7 Nays - 0
December 23, 1998 City Council Summary Minutes Page 6
30. Resolution - 98-1142 - Approving application for Malt Off Sale, Grocery (C), and
Cigarette/Tobacco Licenses by Abdulhadi K. Abrahim, dba Mona's, 920 Selby Avenue.
(Legislative Hearing Officer recommends approval with conditions)
Gerry Strathman, Legislative Hearing Officer, reported that the Grocery and Tobacco licenses had
already been issued and it was the Malt Off Sale license that was at issue.
Councilmember Blakey stated that the Summit-University Planning Council had not reviewed this
application and concerns have been raised about the license.
Councilmember Blakey moved to lay over two weeks.
Laid over to February 3 Yeas - 7 Nays - 0
FOR DISCUSSION
33. 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 December 9)
Councilmember Coleman moved to lay over three weeks
Laid over to January 13 Yeas - 7 Nays - 0
34. Resolution - 98-1116 - Approving the 1999 Civic Organizations Partnership Program allocation of
funds. (Laid over from December 16)
Councilmember Blakey moved approval
Adopted Yeas - 7 Nays - 0
Suspension Item
Councilmember Blakey moved for suspension of the rules to introduce the following resolution:
Yeas - 7 Nays - 0
Resolution - 98-1151 - Requesting that the Administration, through the Department of Planning
and Economic Development, search for available one-time additional funding for various
programs not currently funded through COPP funds, and report to the City Council on January
13, 1999, on the progress toward securing the funding.
Councilmember Blakey stated that concerns were expressed that there were organizations that
needed funding and were not approved. This resolution requests that the administration secure
$53,500 to fund additional organizations.
Councilmember Harris presented an amendment to the resolution requesting funding for a social
service program which is operated at Sibley Manor Apartments. Councilmember Blakey accepted
the amendment as friendly.
December 23, 1998 City Council Summary Minutes Page 7
Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
35. Communication from the Minnesota Department of Administration pertaining to the denial of
information requested by Chuck Laszewski, reporter for the St. Paul Pioneer Press, on the City's
work and financial assistance in the relocation of MediaOne. (Laid over from December 16)
Phil Byrne, Assistant City Attorney, explained that this involves an issue of whether or not a
particular item of information is open to the public and the news media under the Data Practices
Act. The Pioneer Press has asked for a ruling from the State Department of Administration, and
the City has filed its' position with the Department of Administration.
Councilmember Coleman said it was his understanding that it was a policy of the Administration
that this information is not public until the Housing and Redevelopment Authority has made a
decision and that Media One is not at issue.
Phil Byrne added that there is a statute which classifies certain information as non-public data. If
the information in question is the subject of that statute, then it can not be released without some
risk. If it is not subject to the statute, then there is a different issue.
No action required
36. Resolution - 98-1145 - Local approval of State Sales Tax Changes.
Joe Reid, Director Financial Services, explained that this resolution gives local approval to the
state sales tax law as it affects the City of St. Paul. The changes must be approved by the end of
1998 as they are critically important to the financing plan for the arena. There are also some
proposed state law changes regarding the structure of the STAR Board and membership.
Discussion ensued. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
37. Resolution - 98-1146 - Approval of the First Amendment to Arena Lease.
Pam Wheelock, Director, Department of Planning and Economic Development, distributed
additional briefmg material. Ms. Wheelock reported that the Amateur Sports Commission (ASC)
met on December 21, 1998, and approved the use agreement between the ASC and the hockey
team. Considerable discussions were held with representatives of the ASC about enhancing the
use of the arena for public use and making open skating or community skating times available on
six weekend dates, and they have negotiated the availability of those dates with the hockey team.
The City will help to find volunteers to staff those events and perhaps with the team assisting the
City in finding sponsors to pay for whatever utilities or direct costs that may be associated.
Also, it has been suggested that the City have use of the facility for five events, not to exceed ten
days. Ms. Wheelock suggested they may be able to structure an agreement with the ASC so that
December 23, 1998 City Council Summary Minutes Page 8
if the City did not have a need for those events, they could be made available to the ASC. A
report will be furnished on this issue by January 6.
Joe Reid, Director, Financial Services Office, stated that on December 23 the River Centre
Authority approved a resolution on the amended lease. Reid said they will continue to work with
the bond insurer and the bond raters to talk about an underline rating for the bond insurance so the
City is ready as soon as possible to go forward with the bond issue. It is important to come to
some decision as early as possible in January because until the State loan and the amended lease
are approved, all of the money going for the construction project is City money. Once the State
loan is approved, the State will catch up with the City and some interest costs will be saved.
Council President Bostrom noted that this item will be laid over to January 6.
Laid over to January 6 Yeas - 7 Nays - 0
ORDINANCES
38. Final Adoption 98-1056 - An ordinance fmalizing City Council action approving the petition of
Mark Fuhr to rezone property at 399 Ruth Street from P-1 (Parking) to B-3 (General Business)
and RM-2 (Multiple-Family Residential) to allow construction and operation of an Amoco
Certicare Auto Repair Station. (Public hearing held October 14, 1998)
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
39. Second Reading - 98-1117 - An ordinance amending Saint Paul Legislative Code Chapter 200 to
allow pet shops and pet grooming facilities to be deputy dog license vendors.
Laid over to January 6 for third reading/public hearing
40. Second Reading - 98-1118 - An ordinance amending Saint Paul Legislative Code Chapter 347 to
allow pet shops to act as deputy dog license vendors and establishing an incentive for doing so by
permitting the pet shop to retain the initial license fees.
Laid over to January 6 for third reading/public hearing
Suspension Item:
Councilmember Benanav moved for suspension of the rules and approval of the following resolution:
Resolution - 98-1152 - Requesting that the Director of Council Research enter into a professional
services agreement with Conventions, Sports & Leisure International (CSL) to provide advice to
the City Council regarding the proposed agreements to amend the existing Arena lease and
financing plan.
Council President Bostrom suggested that in addition to "bond counsel" that Briggs and Morgan
should also be included in the language.
December 23, 1998 City Council Summary Minutes Page 9
Councilmember Blakey said he hoped the consultant would also look at the issue of naming rights.
Gerry Strathman responded that the consultant will talk with Councilmembers to determine what
issues they want looked at.
Councilmember Coleman said he would support an analysis of the changes in the lease and he felt
it had to be limited to an analysis of what the prior lease was, what the current changes are, and
how the City may be disadvantaged because of the changes the City was forced to make. He said
he did not feel it was appropriate to go into areas that were not part of the changes.
Councilmember Harris said he concurred with Coleman and that the best approach would be to
examine what the previous agreement was, what the amendments are and how that's going to
affect a number of issues.
Councilmember Lantry noted that the value of the $7,500 is that someone with expertise is taking
a look at the lease .
Councilmember Benanav said his desire is that when the Council ultimately approves the lease,
they will know that someone with some expertise has reviewed it.
Phil Byrne read an amendment, to be inserted on lines 12 and 14.
Councilmember Benanav accepted the amendment as friendly.
Councilmember Benanav moved approval as amended.
Adopted as amended Yeas - 6 Nays - 1 (Reiter)
The meeting was recessed from 4:48 - 5:32 p.m.
Present - 5 Absent - 2 (Benanav, Coleman)
At this time Councilmember Harris moved to reconsider Item 31 and moved approval as this item was
mistakenly withdrawn. Yeas - 5 Nays - 0 (See Item 31, page 4)
PUBLIC HEARINGS
41. Third Reading - 98-1055 - An ordinance amending Section 33.05 of the Saint Paul Legislative
Code pertaining to the City's Certificate of Occupancy Program by exempting multi-family
residential buildings that are owner occupied and providing for new inspection guidelines for
renewal of non-residential Certificates of Occupancy to be based on the hazard of the occupancy.
(Substitute introduced on December 2) (Laid over from December 9)
Steve Zaccard, Fire Marshall, explained that this ordinance amends the certificate of occupancy
which now requires the Fire Department to inspect all non-residential or commercial occupancies
every two years regardless of the hazard or frequency of fire or the condition of the property.
December 23, 1998 City Council Summary Minutes Page 10
Rather than have the two year automatic renewal, this ordinance will leave the renewal frequency
up to the Fire Marshall.
Randy Geller, member of the Business Review Council, appeared and spoke in support of the
ordinance.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to January 6 for final adoption
42. Resolution - 98-1089 - Approving the issuance of twenty three six-month winter taxicab licenses.
(Laid over from December 9)
Bob Kessler, Director, Office of License, Inspections and Environmental Protection, appeared and
urged the Council to adopt the resolution. He said they would like an opportunity to study the
matter and said they are willing to hire a different consultant who would be acceptable to the
taxicab industry and engage them in part of the discussion and planning the study.
Councilmember Harris noted that on Line 5 it should read "1998."
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
43. Resolution - 98-1147 - Establishing No Parking 8 AM-8 PM Monday-Friday, Except by Permit,
Area 15, on the west side of Exeter Place from Mississippi River Boulevard to Otis Avenue.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
44. Resolution - 98-1148 - Approving increase for the Sewer Service Availability Charge (SAC) from
$1,000.00 to $1,050.00 beginning January 1, 1999.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
45. Final Order - 98-1058 - In the matter of improving the alley in Block 2, Ryan Place (bounded by
Randolph, Mount Curve, Hartford and Montrose) by grading and paving with bituminous
material. (File #18881) (Laid over from December 2)
Councilmember Harris stated that the program which was approved in the budget by the City
Council for overlays was an option that was presented to residents and people are more satisfied
with the City using a lower-cost approach to replacing their alleys.
December 23, 1998 City Council Summary Minutes Page 11
Councilmember Harris moved to withdraw the Final Order.
Withdrawn Yeas - 7 Nays - 0
46. Final Order - 98-1059 - In the matter of condemning and taking an easement in the land necessary
for the slopes, cuts, and fills in grading and paving the alley in Block 2, Ryan Place (bounded by
Randolph, Mount Curve, Hartford, and Montrose). (File #18881-S)
(Laid over from December 2)
Councilmember Harris moved to withdraw the Final Order.
Withdrawn Yeas - 7 Nays - 0
47. Public hearing to consider the report of the Administrative Law Judge concerning the Renewal
Application for a Taxicab Driver's License by James Coners, 313 Dale Street.
Councilmember Blakey moved to lay over two weeks.
Laid over to January 6 for public hearing Yeas - 7 Nays - 0
48. Public hearing to consider the application of Lake Phalen Townhomes, LLC for approval of the
final plat application which will allow the property bounded by vacated McAfee Street to the west,
Maryland Avenue to the south, and Clarence Street to the east to be subdivided into residential
lots. (Laid over from December 9)
No one appeared in opposition; Councilmember Harris moved approval.
Motion of Intent - Application Approved Yeas - 7 Nays - 0
49. Public hearing to consider the vacation of right-of-way for construction of the Minnesota Mutual
Building. (Hearing will be laid over to January 13; no public testimony will be taken)
Councilmember Lantry moved to lay over to January 13.
Laid over to January 13 for continuation of public hearing Yeas - 7 Nays - 0
50. Public hearing to consider the vacation of the DeCourcy Circle for better parking on and near the
Merrill Corporation. (Hearing will be laid over to January 13; no public testimony will be taken)
Councilmember Benanav to withdraw this item.
Withdrawn Yeas - 7 Nays - 0
At this time, David Farrell, driver for Yellow Cab Company, requested to address the taxicab
issue. Mr. Ferrell spoke against granting the additional licenses
December 23, 1998 City Council Summary Minutes Page 12
Councilmember Harris moved to adjourn the meeting.
A JOU ED AT 5:56 P.M.
Daniel ostrom, Council President
ATTEST:
Minutes approved by Council
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