Approved Minutes 7-15-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 15, 1998 - 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 3:30 p.m. by Council President Bostrom.
Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey (arrived after roll call)
CONSENT AGENDA (Items 1 - 23)
Councilmember Reiter requested that Item 3 be removed for discussion.
Councilmember Blakey requested that Item 10 be laid over one week
Councilmember Harris requested that Item 12 be laid over two weeks
Council President Bostrom requested that Item 19 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 7 Nays- 0
FOR ACTION
1. Approval of minutes of June 3, 10 & 17, 1998.
Adopted Yeas - 7 Nays - 0
2. Claims of John Culhane, Kristine Thueson and Nou Yi Yang.
Referred to Employee/Risk Management Division
3. (Discussed after the consent agenda)
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on July 22, 1998 to consider adverse action against the Cigarette License held by Adam's Food,
Inc, 361 Earl Street. (Uncontested)
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on July 22, 1998 to consider adverse action against All Licenses held by Alee, Inc., dba Bourbon
Bar, 691 Dale Street North. (Uncontested)
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on July 22, 1998 to consider adverse action against the Taxicab Driver's License held by
Randolph Cook, 514 North Prior Avenue, #11. (Uncontested)
July 15, 1998 City Council Summary Minutes Page 2
7. Letter from the Office of the City Attorney announcing that the hearing scheduled before an
Administrative Law Judge concerning licenses held by Hari Krishna, Inc., dba Travel Inn, 149
University Avenue East, has been rescheduled from July 30 to August 4, 1998 at 9:30 a.m. in
Room 41 Saint Paul City Hall/Courthouse.
8. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 5, 1998 to consider the application of Ron Maddox,
General Manager, RiverFeast, for a sound level variance to allow two sound stages, one at
Kellogg Park and one on Wabasha Street at the south end of the Wabasha Street Bridge, for
RiverFeast to be held on August 14, 15 & 16, 1998 from 11:30 a.m. to 10:30 p.m.
9. Resolution - 98-609 - Establishing the rate of pay for the position of"Plan Review Coordinator."
(Laid over from July 8)
Adopted Yeas - 7 Nays - 0
10. Resolution - 98-632 - Authorizing application for the Liveable Communities Demonstration
Program.
Laid over to July 22 Yeas - 7 Nays - 0
11. Resolution - 98-633 - Encouraging clean sidewalks and storefronts year-round in Downtown Saint
Paul during the period of increased construction.
Adopted Yeas - 7 Nays - 0
12. Resolution - 98-634 - Suspending licenses held by Jazzville, Inc., 486 Robert Street North, for
delinquent taxes owed to the State of Minnesota.
Laid over to July 22 Yeas - 7 Nays - 0
13. Resolution - 98-635 - Authorizing a $2,340,000 financing transaction with Norwest Bank for
operating equipment at RiverCentre.
Adopted Yeas - 7 Nays - 0
14. Resolution - 98-636 - Increasing the spending and financing budgets of the Sewer Utility
Enterprise Fund to provide for the planned December 1, 1998 Sewer Revenue Bond Crossover
refinancing within approved limits.
Adopted Yeas - 7 Nays - 0
15. Resolution - 98-637 - Authorizing the proper City officials to sign an agreement between the State
and the City for the Phalen Wetland Restoration Project, Phase II.
Adopted Yeas - 7 Nays - 0
16. Resolution - 98-638 - Authorizing an agreement between the City and Public Art Saint Paul for
the Western Park Sculpture Exhibition Program.
Adopted Yeas - 7 Nays - 0
July 15, 1998 City Council Summary Minutes Page 3
17. Resolution - 98-639 - Approving a contract between the City of Saint Paul and Twin Cities Public
Television which authorizes Twin Cities Public Television to air a video produced by the Office of
Cable Communications.
Adopted Yeas - 7 Nays - 0
18. Resolution - 98-640 - Accepting a gift of airfare, hotel, meals and training offered by
Neighborhood Reinvestment Corp. for Sheryl Pemberton-Hoiby, Department of Planning and
Economic Development.
Adopted Yeas - 7 Nays - 0
19. (Discussed after the consent agenda)
20. Preliminary Order - 98-642 - In the matter of the operation and maintenance costs for the
Arcade/Case and the Grand/Snelling parking lots from January 1, 1999 to December 31, 1999,
and setting date of public hearing for September 2, 1998. (File #18744, 18746)
Adopted Yeas - 7 Nays - 0
21. Resolution Approving Assessment - 98-643 - In the matter of the assessment of benefits, costs and
expenses for the Arcade/Case and the Grand/Snelling parking lots operation and maintenance costs
for 1999, and setting date of public hearing for September 2, 1998. (File #18744, 18746)
Adopted Yeas - 7 Nays - 0
22. Resolution Approving Assessment - 98-644 - In the matter of replacement of lead water service
connections, as requested by property owners, and setting date of public hearing for September
23, 1998. (File #98LDSCRPL)
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 98-645 - In the matter of summary abatements (property
clean-up) for May, 1998; boarding-up of vacant buildings for April and May, 1998; and towing of
abandoned vehicles for April, May and June, 1998, and setting date of Legislative Hearings for
September 15, 1998 and City Council Hearings for September 23, 1998. (File #J9804A, J9804B,
J9804V)
Adopted Yeas - 7 Nays - 0
3. Summons in Application for Registration in the matter of the application of Fred Reiter and Mary
Reiter as joint tenants to register title to real estate situated in Ramsey County.
Referred to the City Attorney's Office
Councilmember Harris moved approval.
Yeas - 6 Nays - 0 Abstention - 1 (Reiter)
July 15, 1998 City Council Summary Minutes Page 4
Resolution - 98-641 - Approving the appointment of Clayton Robinson, by Mayor Coleman, as
Saint Paul City Attorney.
Mayor Coleman introduced Clayton Robinson, reviewed his resume and recommended
his appointment.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
24. Update by the Administration on the progress of the Electronic Computerized License Inspection
and Permit System (ECLIPS). (Update requested by Council on May 20)
An update was presented by Bob Kessler, Director, Office of License, Inspections and
Environmental Protection (LIEP). Mr. Kessler extolled the merits of ECLIPS, referencing its
application at Grand Old Day. Specifically, he focused on its technological efficiency, which
allowed LIEP to process applications, collect licencing fees and issue licences "on the spot."
Mr. Kessler concluded that there have been a number of improvements with ECLIPS but they
were interested in massaging the details surrounding its day-to-day operation. LIEP remained
committed to the project initiated in 1995.
Council requested than an additional update be presented on September 9.
25. Update by the Mayor's Administration on storm damage clean-up. (Requested by Council on
July 8)
An update was presented by Tom Fabel, Mayor's Office. Mr. Fabel reported on the ongoing
efforts of the City to respond to an `overwhelming" summer. He sited a well orchestrated
response to devastating circumstances which included:
• Brush cleanup
• Stump removal
• Sidewalk repair
• Reforestation program
• Volunteer efforts
Specifically, he commented that brush cleanup was grinding to a halt, with the closure of four of
the five temporary dump sites, on Sunday July 19, 1998. Mr. Fabel noted that the State Fair
Grounds site was closed but the Pleasant Arena, Westside Arena, Johnson Liquor Store and the
Phalen Shopping Center sites remained open. Brush removal from boulevards was scheduled to
be complete by Friday July 17, 1998 and stump removal should be finished by mid-August.
Mr. Fabel reported that a program of reforestation was scheduled to begin in the fall. The plan
included extensive replanting of trees in public areas as well as a program offering financial
assistance for private individuals. In conclusion, Fabel praised the "creative and dedicated" efforts
of private volunteers and public employees.
July 15, 1998 City Council Summary Minutes Page 5
ORDINANCES
26. Final Adoption - 98-374 - An ordinance amending the Saint Paul Charter to provide for voting
requirements in case of abstentions for conflict of interest. (Laid over from June 17)
Phil Byrne, Assistant City Attorney, reported that under the statute an ordinance, amending the St.
Paul Charter, must be recommended by the Charter Commission. Mr. Byrne confirmed that the
proposed amendment had been referred by the Charter Commission to a sub-committee for review
and comment. In conclusion, Byrne noted that the only option available to the City Council was
to lay the ordinance over and ask the Charter Commission to take some action on it.
Councilmember Benanav moved to lay over the ordinance to October 7, 1998.
Laid over to October 7 for final adoption Yeas - 7 Nays - 0
27. Final Adoption - 98-375 - An ordinance to regulate conflicts of interest for City officials and
employees who are offered, or leave the City for, private employment. (Laid over from June 17)
Councilmember Harris submitted rough summaries of the proposed amendments submitted by
Councilmembers Benanav, Blakey and Reiter. Councilmember Benanav reported that the original
version of the ordinance had been introduced by Councilmember Harris, and himself, to deal with
"conflict of interest."
Benanav reported that the ordinance provided work restrictions on City officials once they left
office. Specifically, it mandated that if an official had worked on an issue in their last six months
"on the job" with the City, they could not work on that issue for a year following their termination
of employment. Benanav concluded that Councilmember Blakey's amendment clarified the legal
definition of the term "work", in the context of the original ordinance. He noted that Benanav
amendment #2 automatically waived "subsequent government service."
Councilmember Blakey moved approval of the Blakey amendment.
Adopted Yeas - 7 Nays - 0
Councilmember Benanav moved approval of the Benanav amendment #2
Adopted Yeas - 7 Nays - 0
Councilmembers Harris and Coleman expressed support for Reiter's proposed waiver amendment
#2. Coleman noted that the purpose of a conflict of interest ordinance was not to harm the
employee, not to prevent them from taking future employment, but to protect the interest of the
City. In his opinion, the Council ultimately needed to assess, on a case-by-case basis, whether the
City of St. Paul would be harmed if an individual took a particular job. Coleman noted that the
reality of requiring someone to come before the City Council and apply for a waiver would bring
any discussion out into the open, removing the "wink and nudge - don't worry I am not going to
raise that issue" out of the process.
July 15, 1998 City Council Summary Minutes Page 6
Councilmember Lantry felt that adding a waiver provision was too subjective a process . She was
concerned about the legal implications and potential liability incurred by the City. Council-
member Blakey was concerned that the Council was setting a precedent that would encourage
favoritism. Blakey felt that the ordinance needed to be "black and white." In complement,
Councilmember Benanav felt the waiver was analogous to regulations on the receipt of gifts.
Councilmember Reiter moved for approval of the Reiter Amendment #2.
Adopted Yeas - 4 Nays - 3 (Benanav, Blakey, Lantry)
Amended and laid over to August 5 for final adoption Yeas - 7 Nays - 0
Suspension Items
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 98-646 - Accepting the invitations for boat rides, admission to boat races and assorted
food extended by the Ramsey County Fair to the Mayor, Council and various City staff members.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved for suspension of the rules and approval of the following
resolution:
Resolution - 98-647 - Forgiving all parking tickets issued and reimburse fines paid for expired
parking meters on July 3, 1998.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry moved to adjourn the meeting.
Roll Call: Yeas - 7 Nays - 0
ADJOURNED AT 4:14 P.M.
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Dame Bostrom, Council President
ATTEST:
Minutes approved by Council:
Nancy Berson
Assistant Council Secretary a, ATT
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SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 15, 1998
2:30 p.m.
Northwest Conference Room
Third Floor City Hall and Court House
Saint Paul, Minnesota
CLOSED DOOR SESSION
The meeting was called to order by Council President Bostrom at 2:30 p.m.
Present - 6 - Councilmembers Benanav, Bostrom, Coleman, Harris, Lantry and Reiter
Absent - 1 - Councilmember Blakey (arrived later in the meeting)
Also present were: Phil Byrne and Frank Villaume, City Attorney's Office; David
McDonald, Briggs and Morgan Law Firm; and Gerry Strathman, Council Secretary.
Councilmember Blakey joined the meeting at 2:34 p.m.
Tom Fabel, Mayor's Office,joined the meeting at 2:42 p.m.
Session discussed pending litigation.
ADJOURNED AT 3:00 P.M.
C until President Dan Bostrom
ATTEST: Minutes approved by Council
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Council retary