Minutes 10-7-1998Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, October 7, 1998 - 3:30 - 5:00 P.M.
PUBLIC HEARINGS 5:30 - 6:30 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Saint Paul, Minnesota
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 266 -8565
Office of the City Council
Present - 6 - Benanav, Bostrom, Coleman,Harris, Lantry, Reiter
Absent - 1 - Blakey (arrived shortlyafter roll call)
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
CONSENT AGENDA
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDAWILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OFTHESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THECONSENT AGENDA AND
CONSIDERED SEPARATELY.
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FOR ACTION
1. Approval of minutesof September 2 and September 9, 1998, and Closed Door Session of
September23, 1998.
Adopted Yeas -7 Nays - 0
2. Claims of RandyBenson, Juli Chiotti, Valerie Engberg, Joel Forsberg, Michael Haas, ThomasHanlon,
Mary Ann Linaman, Jennifer Lowe, Bernadine McCormick, Ruth Parker,RDO Equipment Co., Shannon
Shudy, Lori Sweeney, and Dale Sweno.
Referred to Employee /RiskManagement Division
3. Notice of Claimin the matter of Cornelius, et. al. vs. the City of Saint Paul, et. al.
Referred to theCity Attorney's Office
4. Summons and Complaintin the matter of Denise Gilbertson vs. the City of Saint Paul.
Referred to theCity Attorney's Office
5. Letter from theOffice of License, Inspections and Environmental Protection announcinga public
hearing before the City Council on October 14, 1998 to considerthe application for a sound level
variance by Larry Lueth, Assistant CityEngineer, City of Saint Paul Public Works Department, for road
constructionon Shepard Road between Randolph Avenue and Elm Street from 10:00 p.m.to 7:00 a.m.,
September 21, 1998 to January 30, 1999.
6. Letter from theDepartment of Planning and Economic Development announcing a public
hearingbefore the City Council on Wednesday, October 14, 1998, to consider theapplication of Frable,
Donald C. /Winover, Steven to rezone property fromRM -2 (residential multiple - family) to 132 -C
(Community Business Converted)to allow conversion of a single family house to an insurance office
useat 1488 Grand Avenue.
7. Letter from theDepartment of Planning and Economic Development announcing a public
hearingbefore the City Council on October 14, 1998, to consider the applicationof Mark Fuhr to rezone
property from P -1 (Parking) to B -3 (General Business)and from OS -1 (Office Service) to B -3 (General
Business) and RM -2 (Multiple- FamilyResidential) to allow construction and operation of an Amoco
Certicareauto repair station at 399 Ruth Street (southwest corner of Ruth Streetand Wilson Avenue).
8. Letter from theOffice of the City Attorney announcing a public hearing before the CityCouncil on
October 14, 1998, to consider the Renewal Application for aTaxicab Driver's License by James Coners,
313 Dale Street North.
9. Letter from theOffice of the City Attorney announcing a public hearing before the CityCouncil on
October 14, 1998, to consider the Renewal Application for aTaxicab Driver's License by Kendell
Waller, 1086 Como Place.
10. Letter from theOffice of the City Attorney announcing a public hearing before the CityCouncil on
October 14, 1998, to consider the report of the AdministrativeLaw Judge concerning licenses held by
Hari Krishna, Inc., dba Travel Inn, 149 University Avenue East.
11. Letter from theReal Estate Division announcing a public hearing before the City Councilon
November 4, 1998, to consider the vacation of a portion of Stevens Streetin Langevin's 4th Addition.
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12. Letter from theDepartment of Fire and Safety Services /Property Code Enforcement declaring667
Charles Avenue and 932 Concordia Avenue as "nuisance properties" andsetting date of Legislative
Hearings for October 20, 1998, and City CouncilHearings for October 28, 1998.
13. Letter from theDepartment of Fire and Safety Services /Property Code Enforcement declaring747
Edgerton Street and 387 Jenks Avenue as "nuisance properties." (Fornotification purposes only; public
hearings will be scheduled at a laterdate if necessary.)
14.Administrative Orders:
• D001593 Authorizingpayment of $861.40 to Dr. Ralph Farnsworth, Como Zoo Veterinarian, to
attendthe 1998 annual conference of the American Association of Zoo Veterinariansin Omaha,
Nebraska on October 18 -22, 1998.
• D001594 Authorizingthe Office of Human Resources to reimburse vendors for costs incurred
inconducting the 12th Annual Conference for the Administrative Support Staffon October 13 and
14, 1998.
• D001595 Amendingthe budget of the Sales Tax Revitalization (STAR) Fund by adding
$39,822.00of STAR Neighborhood Investment Funds to existing Merriam Park HousingRehab
Agreement.
• D001596 Reducingcharges to Ryan Construction Company for street obstruction permits
issuedafter January 1, 1998 to reflect the permit fee rates in effect when contractorswere bidding
on the State of Minnesota Revenue Building project.
• D001597 Authorizingpayment of $2,482.32 to Riverfront Corporation for photography and
presentationmaterials for a presentation of the Harriet Island Regional Park ImprovementProject.
• D001598 Budgetrevision to allocate funds from the STAR Business Revolving Loan Programfor
$50,000 to the Coffee News Cafe, Inc. project and the return of $44,000from the Twin Cities
Academy project.
• D001599 Authorizingpayment, not to exceed $2,500.00, to The Conservation Fund for site
clearancecosts at the "LaFavor property."
• D001600 Authorizingpayment, not to exceed $15,000.00, to various parties for services
providedto the Division of Parks and Recreation in conjunction with 1999 SaintPaul Winter
Carnival activities.
• D001601 Authorizingpayment of $450.00 to Byerly's for costs incurred by the Department ofFire
and Safety Services to conduct three two -hour teacher training workshopson "Risk Watch" injury
prevention curriculum.
Noted as on file in the City Clerk's Office
15. Resolution - 98 -853- Approving the 1997 -1998 Labor Agreement between the City of Saint Pauland
the International Union of Operating Engineers Local 70. (Laid overfrom September 23 for adoption)
Adopted Yeas -7 Nays - 0
16. Resolution - 98- 878 - Approving the appointment of Kevin Lindsey and Soua Yang, by Mayor
Coleman,to the Saint Paul Public Housing Agency.
Adopted Yeas -7 Nays - 0
17. Resolution - 98 -879- Establishing the new position of Landscape Architect IV in Grade 023of the
Professional Standard Ranges in the Salary Plan and Rates of Compensation.
Adopted Yeas -7 Nays - 0
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18. Resolution - 98 -880- Approving the rate of pay for the proposed new class specification ofCable
Communications Officer.
Laid over to October14 Yeas - 7 Nays - 0
19. Resolution - 98 -881- Accepting donations and prizes from unions for the Annual
Administrative Support Conference to be held on October 13 and 14, 1998.
Adopted Yeas -7 Nays - 0
20. Resolution - 98 -882- Amending the 1998 budget in the Department of Fire and Safety Servicesto
provide funds for solving the Fire Department's PRIME computer conversionand its "Year 2000"
computer problems.
Adopted Yeas -7 Nays - 0
21. Resolution - 98 -883- Amending the 1998 budget in the Department of Fire and Safety Servicesto
provide funds for moving the Property Code Enforcement Division.
Adopted Yeas -7 Nays - 0
22. Resolution - 98 -884- Authorizing the proper City Officials to enter into an agreement withthe City of
Duluth to reimburse Duluth's Lead Hazard Reduction ResearchProject follow -up expenses from April 1,
1997 through May 31, 1998.
Adopted Yeas -7 Nays - 0
23. Resolution - 98 -885- Authorizing the Saint Paul Police Department to submit a letter of requestfor
in -kind support from 3M for the prevention of graffiti in the Cityof Saint Paul.
Adopted Yeas -7 Nays - 0
24. Resolution - 98 -886- Authorizing the Saint Paul Police Department to enter into agreementswith the
United States Department of Justice, Drug Enforcement Administrationand the Federal Bureau of
Investigations, Violent Crimes Strike Force.
Adopted Yeas -7 Nays - 0
25. Resolution - 98 -887- Accepting $25,000.00 from the Friends of the Mounted Police and the
CapitalCity Partnership for support of the Saint Paul Mounted Police Unit.
Adopted Yeas -7 Nays - 0
26. Resolution - 98 -888- Authorizing the Saint Paul Police Department to accept contributionsfor the
slain Canine Callahan.
Adopted Yeas -7 Nays - 0
27. Resolution - 98 -889- Authorizing the Saint Paul Police Department to accept a donation
fromMervyn's to the Officer Friendly Program.
Adopted Yeas -7 Nays - 0
28. Resolution - 98 -890- Amending the 1998 budget in the Division of Parks and Recreation Supplyand
Maintenance fund by using retained earnings received from surplus equipmentsold at auction to
purchase shop equipment.
Adopted Yeas -7 Nays - 0
29. Resolution - 98 -891- Authorizing execution of an Indemnity Agreement for return of the bronzebust
of Henrik Ibsen to Como Park.
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Adopted Yeas -7 Nays - 0
30. Resolution - 98 -892- Accepting grants from the State of Minnesota in the amount of $79,640.00for
the Night Moves Program.
Adopted Yeas -7 Nays - 0
31. Resolution - 98 -893- Approving the following organizations to the eligible list for the 10 %Club for
1998: Frost Lake Athletic Membership Endowment Association, HaydenHeights Youth Alliance, and
North End Youth News.
Adopted Yeas -6 Nays - 0 (Coleman not present for vote)
32. Resolution - 98 -894- Authorizing the proper City officials to execute an agreement acceptinga
$100,000 grant from the Metropolitan Council to help fund the PhalenWetland Restoration, Phase II
proj ect.
Adopted Yeas -7 Nays - 0
33. Resolution - 98 -895- Authorizing the execution of a Saint Paul Water Utility Permit
Agreementbetween the Saint Paul Board of Water Commissioners and the City of SaintPaul under
which the City will be allowed to install and maintain a fiberoptic cable in certain sections of the Board's
downtown tunnel system aspart of a MnDOT metro wide traffic information and management system
calledORION.
Adopted Yeas -7 Nays - 0
34. Resolution - 98 -896- Approving issuance of a loan to Miller's of Shakopee, Inc. and John
Miller,through the STAR Revolving Loan Program, Thomas -Dale District 7, Ward l,for building
improvements and renovations at 516 Rice Street.
Adopted Yeas -7 Nays - 0
35. Resolution - 98 -897- Authorizing a $3,000,000 financing transaction with Norwest Bank
forrenovation of the City Hall Annex.
Adopted as amendedYeas - 7 Nays - 0
36. Resolution - 98 -898- Accepting the offer of the Minnesota Public Facilities Authority to purchasea
$16,500,000 Water Revenue Note of 1998, provide for its issuance andauthorize execution of the project
loan agreement.
Adopted as amendedYeas - 7 Nays - 0
37. Resolution - 98 -899- Providing local approval for the City to issue bonds for the
CapitalImprovement Program and setting the dollar amount limits for the years 1998 through 2003.
Adopted Yeas -7 Nays - 0
38. Resolution - 98 -900- Authorizing the purchase of eight properties located on Hoyt and
MontanaAvenues as part of Phase I of the Hoyt- Montana Flood Remediation Project.
Adopted Yeas -7 Nays - 0
39. Resolution - 98 -901- Approving a Registered Land Survey for the property at 275 -285
IrvineAvenue.
Adopted Yeas -7 Nays - 0
40. Resolution - 98 -902- Amending assessment amount on property located at 703 Ottowa
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Avenue,Page /Cherokee Residential Street Paving Project.
Adopted Yeas -7 Nays - 0
41. Resolution - 98 -903- Authorizing the purchase of land for the Jimmy Lee Recreation
CenterAcquisition and Redevelopment Project.
Adopted Yeas -7 Nays - 0
42. Preliminary Order- 98 -904 - In the matter of condemning and taking an easement in the
landnecessary for the slopes, cuts, and fills in grading and paving the alleyin Block 2, Ryan Place
(bounded by Randolph, Mount Curve, Hartford, andMontrose), and setting date of public hearing for
December 2, 1998. (File 418881 -S)
Adopted Yeas -7 Nays - 0
43. Preliminary Order- 98 -905 - In the matter of improving the alley in Block 2, Ryan Place(bounded by
Randolph, Mount Curve, Hartford, and Montrose) by grading andpaving with bituminous material, and
setting date of public hearing forDecember 2, 1998. (File 418881)
Adopted Yeas -7 Nays - 0
FORDISCUSSION
44. Resolution - 98 -863- Suspending licenses held by Carbone A Family Corporation, dba NapoliCafe,
1406 White Bear Avenue, for delinquent taxes owed to the State ofMinnesota. (Laid over from
September 23)
Laid over to October14 Yeas - 6 Nays - 0 (Coleman not present for vote)
45. Resolution - 98 -906- Approving application for an Auto Repair Garage License by William
Anderson,Owner, dba S & G Auto Repair, 390 Western Avenue North. (LegislativeHearing Officer
recommends approval with conditions)
Laid over to October14 Yeas - 7 Nays - 0
46. Resolution - 98 -907- Approving application for a Food Vehicle, Malt On Sale (strong), WineOn
Sale, Catering (C), and Restaurant (B) Licenses by San Pasqual's, Inc.,dba Pasqual's Salsaria &
Southwestern Deli, 1276 Grand Avenue. (LegislativeHearing Officer recommends approval with
conditions)
Adopted Yeas -7 Nays - 0
47. Resolution - 98 -908- Approving the decision of the Legislative Hearing Officer on PropertyCode
Enforcement Appeals for property located at 629 North Street 41. (Laidover from September 23; C.F.
98 -855)
Adopted Yeas -7 Nays - 0
48. Report on the findingsof the Legislative Advisory Committee on Solid Waste Removal.
(Requested by theCouncil on June 10, 1998, C.F. 98 -502)
Laid over to November25 Yeas - 7 Nays - 0
49. Report on the findingsand recommendations of the Legislative Advisory Committee on
AdvertisingSigns.
Gerry Strathman,Legislative Hearing Officer, presented a report.
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Laid over to October14 (Resolution to be presented) Yeas - 7 Nays - 0
50. Report from theDirector of Technology and Management Services on the City's efforts topreventand
solve potential problems associated with "The Year 2000 Computer Bug." (Requested by the Council on
August 5, 1998, C.F. 98 -692) (Update was presentedat the September 23 Budget Meeting)
Council requestedan additional update on November 25 Yeas - 7 Nays - 0
51. Report from theDepartment of Planning and Economic Development on a new selection processfor
applications for the Liveable Communities grant program at the MetropolitanCouncil. (Requested by
Council on August 5, 1998, C.F. 98 -693)
A written reportwas distributed to Councilmembers
ORDINANCES
52. Final Adoption - 98 -374- An ordinance amending the Saint Paul Charter to provide for voting
requirementsin case of abstentions for conflict of interest. (Laid over from July 15)
Laid over to November25 for public hearing and final adoption
Yeas - 7 Nays -0
53. Second Reading- 98 -865 - An ordinance amending Appendix C of the Legislative Code pertainingto
the gas service franchise of Northern States Power Company.
Substitute introducedand laid over to October 14 for third reading /public hearing
54. First Reading -98 -866 - An ordinance amending Saint Paul Legislative Code Chapter
409.26;reducing the presumptive penalties for noncompliance of liquor licenses.(Laid over from
September 23)
Substitute introducedand laid over to October 14 for second reading
PUBLICHEARINGS (public hearings will begin at 5:30 p.m.)
55. Resolution - 98 -909- To consider the vacation of Mackubin Street between Idaho Avenue andHoyt
Avenue to allow the vacated area to accrue to the adjoining properties.
Adopted Yeas -7 Nays - 0
56. Resolution - 98 -910- Ratifying 1998 Street and Alley Maintenance Service Charge.
Adopted Yeas -7 Nays - 0
57. Resolution - 98 -911- Granting an extension of the submission deadline for Saint Paul's LandUse and
Housing Chapters of the Comprehensive Plan and the establishmentof a Legislative Advisory
Commission on Affordable Housing Policy.
Withdrawn
Motion was madeto request an extension of time to April 1, 1999, from the MetropolitanCouncil.
Yeas - 7 Nays - 0
58. Final Order - 98 -912- In the matter of the operation of the above standard street lightingsystem for
the months of January through December, 1999 for various locationsthroughout the City.
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Adopted Yeas -7 Nays - 0
59. Final Order - 98 -913- In the matter of condemnation and taking of permanent and temporary
easementsnear Marillac Lane and Highway 61 to be known as the Marillac Lane EasementAcquisition
Project. (File 418875E)
Adopted Yeas -6 Nays - 0 (Blakey not present for vote)
60. Resolution RatifyingAssessment - 98 -914 - In the matter of grading and paving and
constructingsanitary sewer and connections in Howard Street from the end of the existingpaved roadway
located approximately 400 feet southwest of Oakridge Streetto approximately 457 feet southwest of
Oakridge Street; also constructinglong water service connections from the existing water main in
Howard Street.(File 418819 & 18819 -W)
Adopted Yeas -6 Nays - 0 (Blakey not present for vote)
61. Resolution RatifyingAssessment - 98 -915 - In the matter of the operating costs for twenty oneabove
standard street lighting systems for various locations throughoutthe City for the months of January
through December, 1998.
Adopted Yeas -6 Nays - 0 (Blakey not present for vote)
62. Resolution RatifyingAssessment - 98 -916 - In the matter of sanitary sewer service connectionrepairs
for 1996, 1997 and 1998. (File 4SSA9805) (Legislative Hearing Officerrecommends approval)
Adopted Yeas -6 Nays - 0 (Blakey not present for vote)
63. Resolution RatifyingAssessment - 98 -917 - In the matter of summary abatements (property clean -up)
for June and July, 1998; towing of abandoned vehicles for May, June andJuly, 1998; grass cutting for
part of May and all of June, 1998. (File4J9805A, J9805V, J98TDBC) (Legislative Hearing Officer
recommends approval) -
Adopted as amended- 623 Wells laid over to October 14
Yeas - 6 Nays -0 (Blakey not present for vote)
64. Public hearingto consider the appeal of Scenic Minnesota, Highland Area Community Council,and
Rogers Chambers to a decision of the Planning Commission regardingstorm -damaged billboards at 1820
Grand Avenue (southwest corner of Grandand Fairview Avenues) and at Highland Village Shopping
Center (southwestcorner of Ford Parkway and Cleveland Avenue).
Motion to grant the appealfailed
Yeas - 3 Nays - 4 (Blakey,Bostrom, Coleman, Reiter)
SusnensionItem
Resolution - 98 -918 - Establishinga public hearing on October 28, 1998 on the implementation of Saint
Paul'sLiving Wage Policy.
Adopted Yeas - 5 Nays - 2(Harris, Reiter)
Resolution - 98 -919 - Requestingan extension of the submission deadline for Saint Paul's Land Use and
HousingChapters of the Comprehensive Plan and the utilization of a City CouncilCommittee-of-the-
Whole to review the chapters.
Amended and Failed Yeas -3 Nays - 4 (Benanav, Blakey, Bostrom, Harris)
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