Minutes 12-23-1998Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITYCOUNCIL
Wednesday, December 23, 1998 - 3:30 - 5:OOP.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, Blakey, Bostrom, Coleman, Lantry,Reiter
Absent - 1 - Harris (arrived after the consent agenda)
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
CONSENT AGENDA (Items I - 32)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY
ONEMOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.
117DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENTAGENDA AND CONSIDERED SEPARATELY.
FOR ACTION
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 DacquiriWilliams.
Referred to the Employee /Risk Management Office
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3. Notice of Appeal of Commissioners' Award by Fee Owners andGround Lessors in the matter of the
Port Authority of the City ofSaint 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 ofthe 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 Developmentannouncing a public hearing on
January 6, 1999, to consider theappeal of Louie's Billiards, Inc. to a decision of the
PlanningCommission denying a special condition use permit to allow a billiardhall at 1992 Suburban
Avenue.
6. Administrative Orders:
D001629 Authorizing expenditures, not to exceed $40,000, forpayment to various vendors for services
required by Parks andRecreation in producing the Night We Light, Mayor's Holiday Party forChildren,
and the Mayor's Winter Carnival Reception in 1998 and1999.
D001630 Approving the contract with Metropolitan State University forroom rental and catering
services for the Zenger Miller Facilitatorcertification on December 15 -18, 1998.
D001631 Transferring $6,000 to the General Fund for PC ReplacementProgram in the Office of
Financial Services /Treasury.
D001632 Authorizing release of $50,000 from Mayor's Contingency tofund 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 CullenSheehan as Assistant to the Mayor
effective December 7, 1998
Adopted Yeas - 6 Nays - 0
8. Resolution - 98 -1120 - Approving the appointment of BrianSweeney as Assistant to the Mayor
effective December 14, 1998.
Adopted Yeas - 6 Nays - 0
9. Resolution - 98 -1121 - Approving the appointment of GeorgeFremder, by Mayor Coleman, to District
Energy St. Paul, Inc. Board ofDirectors.
Laid over to January 6 Yeas - 7 Nays - 0
10. Resolution - 98 -1122 - Approving the 1998 year -end budgetadjustments.
Adopted Yeas - 6 Nays - 0
11. Resolution - 98 -1123 - Approving the budget for theMetropolitan 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 Paulin the matter of the proceedings involving EEOC complaints filedagainst
the Office of the City Attorney by four of its employees.
Adopted Yeas - 6 Nays - 0
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13. Resolution - 98 -1125 - Approving the decision of theLegislative Hearing Officer on Property Code
Enforcement Appeals forproperty at 311 Walnut Street, 1201 Selby Avenue, 1697 MargaretStreet, 281
Fifth Street East, and 1956 Feronia Avenue.
Adopted as amended Yeas - 7 Nays - 0
(281 Fifth Street East laid over to January 13)
14. Resolution - 98 -1126 - Establishing a spending plan for thesurplus 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 recreationalactivities for school aged children at 13 recreation centers.
Adopted Yeas - 6 Nays - 0
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
andRecreation for defrayal of track and field fees for youth at MartinLuther King Recreation Center.
Adopted Yeas - 6 Nays - 0
17. Resolution - 98 -1129 - Accepting a donation of $11,500.00 tothe Department of Fire and Safety
Services from St. Paul FirefightersLocal 21 to be used for uniforms for the Honor Guard, hosting
anannual awards banquet, and for continued educational purposes.
Adopted Yeas - 6 Nays - 0
18. Resolution - 98 -1130 - Establishing financing and spendingplans for revenue received from the State
of Minnesota for hazardousmaterials response provided by the Department of Fire and SafetyServices.
Adopted Yeas - 6 Nays - 0
19. Resolution - 98 -1131 - Authorizing carryforward of any part ofthe City's 1998 entitlement allocation
which remains unused at theend of 1998 for the purposes of qualified mortgage bonds and /ormortgage
credit certificates.
Adopted Yeas - 6 Nays - 0
20. Resolution - 98 -1132 - Approving and authorizing the issuanceof a loan to Miratec Systems, Inc.
through the STAR Year -Round LoanProgram, District 4, Ward 2.
Adopted Yeas - 6 Nays - 0
21. Resolution - 98 -1133 - Adopting the Land Use Plan as anamendment to the Saint Paul
Comprehensive Plan.
Laid over to January 6 Yeas - 7 Nays - 0
22. Resolution - 98 -1134 - Approving disbursement of funds forreimbursement to Parking Enforcement
Officers and Community LiaisonOfficers for educational expenses.
Adopted Yeas - 6 Nays - 0
23. Resolution - 98 -1135 - Increasing spending authority in theDepartment of Public Works Asphalt
Plant Internal Service Fund basedon projected total 1998 revenues.
Adopted Yeas - 6 Nays - 0
24. Resolution - 98 -1136 - Approving an accounting change of theclassification of contributed capital as
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retained earnings in Fund124 - Purchasing's Value Added Services in the 1998 budget.
Adopted Yeas - 6 Nays - 0
25. Resolution - 98 -1137 - Approving the Memorandum ofUnderstanding between the City and
AFSCME Council 14, Locals 2508 and1842 regarding the 1999 change in the lead abatement
enforcementprogram for the Lead Hazardous Paint Program. (To be laid overmte-meek two weeks for
adoption)
Laid over to January 6 for adoption Yeas - 6 Nays - 0
26. Resolution - 98 -1138 - Authorizing the purchase of propertylocated at 1705 Hoyt Avenue East as
part of Phase I of theHoyt- Montana Flood Remediation Project.
Adopted Yeas - 6 Nays - 0
27. Resolution - 98 -1139 - Approving an easement agreement withNorthern States Power Company for
a natural gas regulatorstation.
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 LakePhalen Townhomes LLC that they
have requested.
Adopted Yeas - 6 Nays - 0
30. Resolution - 98 -1142 - Approving application for Malt OffSale, Grocery (C), and Cigarette /Tobacco
Licenses by Abdulhadi K.Abrahim, dba Mona's, 920 Selby Avenue. (Legislative HearingOfficer
recommends approval with conditions)
Laid over to February 3 Yeas - 7 Nays - 0
31. Preliminary Order - 98 -1143 - In the matter of improving thealley in Block 3, Ryan Place, (bounded
by Randolph, Mount Curve,Hartford, and Mississippi Boulevard) by grading and paving withbituminous
material, and setting date of public hearing for February 10, 1999. (File 418891)
Adopted Yeas - 5 Nays - 0 (Benanav & Coleman not present forvote)
32. Preliminary Order - 98 -1144 - In the matter of condemning andtaking an easement in the land
necessary for the slopes, cuts, andfills, including the right of removal of lateral support, in thegrading
and paving of the alley in Block 3, Ryan Place, and settingdate of public hearing for February 10, 1999.
(File 418891 -S)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
33. Resolution - 98 -1038 - Authorizing the proper City officialsand staff to enter into a lease agreement
with the Saint Paul YachtClub that will supersede an agreement between the same parties datedJune,
1992. (Laid over from December 9)
Laid over to January 13 Yeas - 7 Nays - 0
34. Resolution - 98 -1116 - Approving the 1999 Civic OrganizationsPartnership Program allocation of
funds. (Laid over from Decemberl6)
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Adopted Yeas - 7 Nays - 0
35. Communication from the Minnesota Department of Administrationpertaining to the denial of
information requested by Chuck Laszewski,reporter for the St. Paul Pioneer Press, on the City's work
andfinancial assistance in the relocation of MediaOne. (Laid over fromDecember 16)
Discussed; no action required
36. Resolution - 98 -1145 - Local approval of State Sales TaxChanges.
Adopted Yeas - 7 Nays - 0
37. Resolution - 98 -1146 - Approval of the First Amendment toArena Lease.
Laid over to January 6 Yeas - 7 Nays - 0
ORDINANCES
38. Final Adoption 98 -1056 - An ordinance finalizing City Councilaction approving the petition of Mark
Fuhr to rezone property at 399Ruth Street from P -1 (Parking) to B -3 (General Business) and RM -2
(Multiple - Family Residential) to allow construction and operation ofan Amoco Certicare Auto Repair
Station. (Public hearing held Octoberl4, 1998)
Adopted Yeas - 7 Nays - 0
39. Second Reading - 98 -1117 - An ordinance amending Saint PaulLegislative Code Chapter 200 to
allow pet shops and pet groomingfacilities 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 PaulLegislative Code Chapter 347 to
allow pet shops to act as deputy doglicense vendors and establishing an incentive for doing so
bypermitting the pet shop to retain the initial license fees.
Laid over to January 6 for third reading /public hearing
PUBLIC HEARINGSS
41. Third Reading - 98 -1055 - An ordinance amending Section 33.05of the Saint Paul Legislative Code
pertaining to the City'sCertificate of Occupancy Program by exempting multi -familyresidential
buildings that are owner occupied and providing for newinspection guidelines for renewal of non-
residential Certificates ofOccupancy to be based on the hazard of the occupancy. (Sub stituteintroduced
on December 2) (Laid over from December 9)
Laid over to January 6 for final adoption
42. Resolution - 98 -1089 - Approving the issuance of twenty threesix -month winter taxicab licenses.
(Laid over from December 9)
Adopted as amended Yeas - 7 Nays - 0
43. Resolution - 98 -1147 - Establishing No Parking 8 AM -8 PMMonday- Friday, Except by Permit, Area
15, on the west side of ExeterPlace from Mississippi River Boulevard to Otis Avenue.
Adopted Yeas - 7 Nays - 0
44. Resolution - 98 -1148 - Approving increase for the SewerService Availability Charge (SAC) from
$1,000.00 to $1,050.00beginning January 1, 1999.
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Adopted Yeas - 7 Nays - 0
45. Final Order - 98 -1058 - In the matter of improving the alleyin Block 2, Ryan Place (bounded by
Randolph, Mount Curve, Hartfordand Montrose) by grading and paving with bituminous material.
(File 418881) (Laid over from December 2)
Withdrawn Yeas - 7 Nays - 0
46. Final Order - 98 -1059 - In the matter of condemning and takingan easement in the land necessary for
the slopes, cuts, and fills ingrading and paving the alley in Block 2, Ryan Place (bounded byRandolph,
Mount Curve, Hartford, and Montrose). (File 418881 -5)
(Laid over from December 2)
Withdrawn Yeas - 7 Nays - 0
47. Public hearing to consider the report of the AdministrativeLaw Judge concerning the Renewal
Application for a Taxicab Driver'sLicense by James Coners, 313 Dale Street.
Laid over to January 6 for public hearing
Yeas - 7 Nays - 0
48. Public hearing to consider the application of Lake PhalenTownhomes, LLC for approval of the final
plat application which willallow the property bounded by vacated McAfee Street to the west,Maryland
Avenue to the south, and Clarence Street to the east to besubdivided into residential lots. (Laid over
from December 9)
Motion of Intent - Application Approved
Yeas - 7 Nays - 0
49. Public hearing to consider the vacation of right -of -way forconstruction of the Minnesota Mutual
Building. (Hearing will be laidover to January 13; no public testimony will be taken)
Laid over to January 13 for continuation of public hearing
Yeas - 7 Nays - 0
50. Public hearing to consider the vacation of the DeCourcy Circlefor better parking on and near the
Merrill Corporation. (Hearing willbe laid over to January 13; no public testimony will be taken)
Withdrawn Yeas - 7 Nays - 0
Suspension Items
Resolution - 98 -1149 - Declaring Wednesday, December 30, 1998, asThomas L. Fahel Day.
Adopted Yeas - 7 Nays - 0
Resolution - 98 -1150 - Declaring Wednesday, December 23, 1998, as Chuck Armstrong Day.
Adopted Yeas - 7 Nays - 0
Resolution - 98 -1151 - Requesting that the Administration, throughthe Department of Planning and
Economic Development, search foravailable one -time additional funding for various programs
notcurrently funded through COPP funds, and report to the City Councilon January 13, 1999, on the
progress toward securing the funding.
Adopted Yeas - 7 Nays - 0
Resolution - 98 -1152 - Requesting that the Director of CouncilResearch enter into a professional
services agreement withConventions, Sports & Leisure International (CSL) to provideadvice to the City
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Council regarding the proposed agreements to amendthe existing Arena lease and financing plan.
Adopted as amended Yeas - 6 Nays -1 (Reiter)
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