Minutes 8-5-1998Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, August 5, 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
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 266 -8565
Office of the City Council
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry
Absent - 1 - Reiter (excused)
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
CONSENT AGENDA
NOTE:ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY
ONEMOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.
IFDISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENTAGENDA AND CONSIDERED SEPARATELY.
FOR ACTION
1. Approval of minutes of July 15, 1998 Closed Door Session.
Adopted Yeas - 6 Nays - 0
2. Claims of Jennifer Berge, Arthur Bowman, Alisha Ellwood, WombleQuay Grigg, Jr., Larry Liggons,
David Mathes and John Simon.
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Referred to Employee /Risk Management Division
3. Notice of Motion and Motion for Order Extending Time for Filingof Commission's Award, Affidavit
of Marc J. Manderscheid and ProposedOrder in the matter of the Port Authority of the City of Saint
Paulvs D.S.P.O.T., L.L.C., et al.
Referred to the City Attorney's Office
4. Letter from the Department of Fire and Safety Services /PropertyCode Enforcement declaring 325
Robie Street West and 711 SherburneAvenue as "nuisance properties." (For notification purposes
only;public hearings will be scheduled at a later date if necessary.)
5. Letter from the Real Estate Division announcing a public hearingbefore the City Council on August
12, 1998, to consider the vacationof part of Western Avenue lying northwesterly of Grand Avenue
andsouth of Ramsey Street. (File 41 -1998)
6. Letter from the Real Estate Division announcing a public hearingbefore the City Council on August
12, 1998, to consider the vacationof disposing excess right of way purchased by the City on the eastside
of Dale Street between Sherburne Avenue and Van Buren Street.(File 41997 -10)
7. Letter from the Department of Planning and Economic Developmentannouncing a public hearing
before the City Council on August 12,1998, to consider the preliminary and final plat application
ofLenore Miller to allow the property to be subdivided into two lotswith single family homes at 1237
Birmingham Street
&Administrative Orders:
D001502Amending the 1998 City Sales Tax Capital Projects Fund toallocate funds from the
Neighborhood Investment Program to theDistrict 6 Planning Council, Inc. Project in the amount of
$5,000.
D001571Authorizing the expenditure of $400.00 to underwrite thecost of coffee and donuts to the
volunteers for the storm damageclean up effort.
D001572Authorizing and executing a Lease Agreement with Towle RealEstate to provide office space
on the third floor of the LowryProfessional Building for City employees who will be
temporarilydislocated as a result of the renovation of the City Hall Annex.
D001573Addition of $287.95 to the contract for the Arlington HillsBranch Library elevator addition and
interior remodeling.
D001574Addition of $1,640.00 to the contract for Fire Station 417tuckpointing.D001575Amending the
1997/98 Capital Improvement Budgetsfor safety improvements to the Martin Luther King Center.
D001576Authorizing the Saint Paul Police Department, CommunityPolicing Demonstration Project
(COPS) to pay location rental and foodcosts for conferences and community forums, not to
exceed$50,000.
D001577Authorizing the payments to vendors by the Citizen Services - Marketing Office for marketing
and promoting neighborhood events inthe amount of $14,500.
D001578Authorizing the Department of Public Works to pay Community Enhancement and Organizing
in the amount of $2,000.00 for pedestriancount on Wabasha Street.
Noted as on file in the City Clerk's Office
9. Resolution - 98 -681 - Approving the appointment of Susan Hesse,by Mayor Coleman, to the Saint
Paul Human Rights Commission.
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Laid over to August 12 Yeas - 6 Nays - 0
10. Resolution - 98 -682 - Settling claim of Donna Friberg in theamount of $12,000.
Adopted Yeas - 6 Nays - 0
11. Resolution - 98 -683 - Reimbursing attorney fees to a SaintPaul Police Officer for his defense of
criminal charges in the amountof $16,000.
Adopted Yeas - 6 Nays - 0
12. Resolution - 98 -684 - Authorizing the proper City officials toexecute quit claim deeds for properties
previously vacated as part ofthe United Hospital complex.
Adopted Yeas - 6 Nays - 0
13. Resolution - 98 -685 - Amending the 1998 budget for theDepartment of Planning and Economic
Development in the amount of$12,500 to add temporary staffing from September, 1998
throughSeptember, 2000 in order to assure an accurate Census count.
Adopted Yeas - 6 Nays - 0
14. Resolution - 98 -686 - Amending the 1998 Residential StreetPaving Project budget by transferring
funds from the 1998 Major SewerRepair, the 1998 Sidewalk Reconstruction and the 1998 Local
Street,Alley & Sewer Projects and the addition of Water Utilityfinancing.
Adopted Yeas - 6 Nays - 0
15. Resolution - 98 -687 - Amending the spending and financingplans for the 1994 -1996 Sidewalk
Reconstruction Projects.
Adopted Yeas - 6 Nays - 0
16. Resolution - 98 -688 - Amending the spending and financing planof the Phalen Wetland Restoration
Phase I and Phase 11 Projects byadjusting grants and returning temporary Sewer Service Funding.
Adopted Yeas - 6 Nays - 0
17. Resolution - 98 -689 - Amending the 1998 Capital ImprovementBudget in the amount of
$200,000.00 for the 1998 Citywide TreePlanting Program to accelerate the replacement of trees lost
duringthe storms in May and June, 1998.
Adopted Yeas - 6 Nays - 0
18. Resolution - 98 -690 - Approving a 1998 budget revision in TortClaims /General Government
Account for settlement of liabilityclaims.
Adopted Yeas - 6 Nays - 0
19. Resolution - 98 -691 - Accepting an invitation from the ComoZoological Society for elected City
officials and staff toparticipate in a golf tournament benefit on August 10, 1998.
Adopted Yeas - 6 Nays - 0
20. Resolution - 98 -692 - Requesting a status report on the City'sefforts to prevent and solve potential
problems associated with "TheYear 2000 Computer Bug."
Adopted Yeas - 6 Nays - 0
21. Resolution - 98 -693 - Requesting that the Mayor'sAdministration through its Planning and Economic
DevelopmentDepartment submit a new selection process for applications for theLiveable Communities
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Grant Program at the Metropolitan Council.
Adopted Yeas - 6 Nays - 0
22. Resolution - 98 -694 - Approving the decision of theLegislative Hearing Officer on Property Code
Enforcement Appeals forproperty located at 310 Morton Street West, 596 Wells Street, 1871 Seventh
Street East, 1511 Rose Avenue East and 1411 ProsperityAvenue.
Adopted Yeas - 6 Nays - 0
23. Resolution - 98 -695 - Accepting the Community NotificationGrant from the Minnesota Department
of Public Safety in the amount of$6,500.
Adopted Yeas - 6 Nays - 0
24. Resolution - 98 -696 - Accepting the Community NotificationGrant from the Minnesota Department
of Public Safety in the amount of$100,000.
Adopted Yeas - 6 Nays - 0
25. Resolution - 98 -697 - Authorizing the submission and, ifawarded, the acceptance, entrance into
necessary agreements andadministration by the Division of Parks and Recreation of one grantproposal to
the Minnesota Amateur Sports Commission Mighty Kids grantprogram for youth, sports and
recreational activities.
Adopted Yeas - 6 Nays - 0
26. Resolution - 98 -698 - Finalizing City Council action takenJuly 22, 1998, denying the license
application of 5005 Properties,Inc., dba Hillcrest Bingo, 1610 White Bear Avenue.
Adopted Yeas - 6 Nays - 0
27. Resolution - 98 -699 - Correcting language of Council File 98317 adopted June 10, 1998 concerning
conditions imposed upon thelicense of Mary P. Fasching, dba M. F. Automotive, 1728 SelbyAvenue.
Adopted Yeas - 6 Nays - 0
28. Resolution - 98 -700 - Approving a Letter Agreement amendingthe Corrective Plan Agreement
regarding the institutional networkupgrade with Continental Cablevision of Saint Paul, Inc. (dba
MediaOne).
Adopted Yeas - 6 Nays - 0
29. Preliminary Order - 98 -701 - In the matter of condemning andtaking of property rights as required
for expanding the Payne AvenueBridge Facility at 811 Payne Avenue, and setting date of publichearing
for August 26, 1998. (File 418879)
Adopted Yeas - 6 Nays - 0
30. Preliminary Order - 98 -702 - In the matter of the operation ofthe above standard street lighting
system for the months of January - December, 1999 for various locations throughout the City and,
settingdate of public hearing for October 7, 1998.
Adopted Yeas - 6 Nays - 0
31.Resolution Approving Assessment - 98 -703 - In the matter of theBidwell /Congress Area Street
Paving and Lighting Project and, settingdate of public hearing for September 9, 1998. (File 418854)
Adopted Yeas - 6 Nays - 0
32. Resolution Approving Assessment - 98 -704 - In the matter ofthe operating costs for twenty one
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above standard street lightingsystems for various locations throughout the City for the months ofJanuary
- December, 1998 and, setting date of public hearing forOctober 7, 1998.
Adopted Yeas - 6 Nays - 0
33. Resolution Approving Assessment - 98 -705 - In the matter ofsanitary sewer service connection
repairs for 1996, 1997 and 1998,and setting date of public hearing for October 7, 1998. (File#SSA9805)
Adopted Yeas - 6 Nays - 0
34. Resolution Approving Assessment - 98 -706 - In the matter ofsummary abatements (property clean-
up) for June and July, 1998;towing of abandoned vehicles for May, June and July, 1998; and
grasscutting for part of May and all of June, 1998, and setting date ofLegislative Hearings for September
15, 1998 and City Council Hearingsfor October 7, 1998. (File 4J9805A, J9805V, J98TDBC)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
35. Resolution - 98 -530 - Accepting grant funds for liquor compliancechecks for 1998 to be performed
by the Police and the Office ofLicense, Inspections and Environmental Protection. (Laid over fromJuly
8)
Laid over to August 26 Yeas - 6 Nays - 0
36. Resolution - 98 -634 - Suspending licenses held by Jazzville,Inc., 486 Robert Street North, for
delinquent taxes owed to the Stateof Minnesota. (Laid over from July 22)
Adopted as amended Yeas - 6 Nays - 0
37. Resolution - 98 -657 - Giving final approval of 1999Residential Street Vitality Project Areas and
tentative approval of2000 2003 Project Areas. (Laid over from July 22)
Laid over to August 12 Yeas - 6 Nays - 0
(Harris was not present for the votes on Items 38 -44)
38. Resolution - 98 -671 - To consider the vacation of that part off orbes Avenue lying easterly of the
east right -of -way line of SmithAvenue and northwesterly of the northwest right -of -way line of West7th
Street to provide parking for the Salvation Army. (Laid over fromJuly 22)
Adopted as amended Yeas - 5 Nays - 0
39. Resolution - 98 -707 - Approving application for a Gas Station, Grocery -C, Restaurant (D),
Cigarette /Tobacco and Malt Off SaleLicense by Speedway SuperAmerica LLC, dba SuperAmerica at
925 GrandAvenue. (ID 419980001476) (Legislative Hearing Officer recommendsapproval with
conditions)
Adopted Yeas - 5 Nays - 0
40. Resolution - 98 -708 - Approving application for a Gas Station,Grocery (C), Restaurant (C),
Cigarette /Tobacco and Malt Off SaleLicense by Speedway SuperAmerica LLC, dba SuperAmerica at
296 SeventhStreet East. (ID 419980001585) (Legislative Hearing Officer recommendsapproval)
Adopted Yeas - 5 Nays - 0
41. Resolution - 98 -709 - Approving application for a Gas Station,Grocery (C), Restaurant (D),
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Cigarette /Tobacco and Malt Off SaleLicense by Speedway SuperAmerica LLC, dba SuperAmerica at
577 SmithAvenue South. (ID 419980001973) (Legislative Hearing Officerrecommends approval with a
condition)
Adopted Yeas - 5 Nays - 0
42. Resolution - 98 -710 - Approving application for a Gas Station,Grocery (C), Restaurant (A),
Cigarette /Tobacco, Malt Off Sale andAlarm Permit (renew) License by Speedway SuperAmerica LLC,
dbaSuperAmerica at 970 University Avenue West. (ID419980001497)(Legislative Hearing Officer
recommends approval with acondition)
Adopted Yeas - 5 Nays - 0
ORDINANCES
43. Final Adoption - 98 -375 - An ordinance to regulate conflictsof interest for City officials and
employees who are offered, orleave the City for, private employment. (Amended and laid over fromJuly
15)
Amended and laid over to August 12 for final adoption
Yeas - 5 Nays - 0
44. Final Adoption - 98 -601 - An ordinance amending Saint PaulLegislative Code Chapter 50 pertaining
to individual sewage treatmentsystems to incorporate changes made necessary by amendments
toMinnesota Statute §115.55 and to update the ordinance to providefor efficient enforcement and to
protect the public health, welfareand safety.
Adopted Yeas - 5 Nays - 0
PUBLIC HEARINGS
45. Final Order - 98 -607 - In the matter of constructing EagleParkway from north of Shepard Road to
Seventh Street West. (File #18874) (Laid over from July 1)
Adopted Yeas - 6 Nays - 0
46. Resolution - 98 -711 - Considering the application of RonMaddox, General Manager, RiverFeast, for
a sound level variance toallow two sound stages, one at Kellogg Park and one on Wabasha Streetat the
south end of the Wabasha Street Bridge, for RiverFeast to beheld on August 14, 15 and 16, 1998 from
11:30 a.m. to 10:30 p..m.
Adopted as amended Yeas - 6 Nays - 0
47. Resolution - 98 -712 - Changing one hour parking from 8:00 a.m.- 5:00 p.m. on weekdays except by
Permit parking zone on the westside of Fulham Street from the dead end to Hendon Avenue and on
theeast side of Fulham Street from Hendon Avenue to Hoyt Avenue to noparking from 8:00 a.m. to 8:00
p.m. except by permit.
Adopted Yeas - 6 Nays - 0
48. Resolution - 98 -713 - Ordering the owner to remove or repairthe building at 766 Jackson Street
within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommendsapproval)
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Laid over to August 12 Yeas - 6 Nays - 0
49. Resolution - 98 -714 - Ordering the owner to remove or repairthe building at 875 Watson Avenue
within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommendslaying
over to the September 15 Legislative Hearing)
Laid over to August 26 Yeas - 6 Nays - 0
50. Appeal of Laurel March to a summary abatement order for propertylocated at 230/240 North Dale
Street. (Legislative Hearing Officerrecommends denial)
Appeal Denied Yeas - 6 Nays - 0
51. Appeal of Peggy Ann Sandar and Mack Williams to a summary abatement (vehicle) order for
property located at 224 Cottage AvenueWest. (Legislative Hearing Officer recommends denial)
Appeal Denied Yeas - 6 Nays - 0
52. Resolution - 98 -715 - Considering the vacation of a 10 foot stripof old West Seventh Street lying
under the RiverCentre Arena.
Adopted Yeas - 6 Nays - 0
53. Resolution - 98 -716 - Considering the vacation of certainright of -way easements in Swede Hollow
Park.
Adopted Yeas - 6 Nays - 0
54. Public Hearing to consider the appeal of Laura and JosephBenysek, to a decision of the Board of
Zoning Appeals denying asetback variance and a minimum lot size variance in order to split alot and
construct a new single family home at 858 South Point DouglasRoad.
Motion of Intent - Appeal Granted Yeas - 6 Nays - 0
Suspension Items
55. Resolution - 98 -717 - Approving a contract with Dennis a.Goldberg & Associates for professional
services in the Office ofLabor Relations.
Laid over to August 12 Yeas - 6 Nays - 0
56. Resolution - 98 -718 - Authorizing the Saint Paul PoliceDepartment to enter into an agreement with
St. Paul Harley Davidson,Inc. to lease motorcycles for traffic enforcement.
Adopted as amended Yeas - 6 Nays - 0
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