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Minutes 1-13-1999Page 1 of 7 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 13, 1999 - 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, Blakey,Bostrom, Coleman, Lantry, Reiter Absent - 1 - Harris (Excused) Web Index • Consent Agenda • For Action • For Discussion • Ordinances • Public Hearings • Suspension Items CONSENT AGENDA (Itemst - 37) 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. FOR ACTION 1. Approval of minutes of Novemberl8, & 25, and December 2, 1998. Adopted Yeas - 6 Nays - 0 2. Claims of Geneet Kidane, andJohn Stupka. Referred to the Employee /RiskManagement Division 3. Letter from the Office ofLicense, Inspections and Environmental Protection announcing a public file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164308\Minutes 1 -... 12/15/2010 Page 2 of 7 hearingbefore the City Council on January 27, 1999, to consider the applicationfor a sound level variance by Timothy Weiss, President, Gabe's By The Park,991 Lexington Parkway North, on January 29, 30, & 31, 1999 from 5:OOp.m. to Midnight. 4. Letter from the Real EstateDivision announcing a public hearing before the City Council on February24, 1999, to consider the vacation of the south part of Cottage Avenueeast of Wheelock abutting Lot 18 and that part of Ivy between Wheelockand Western as part of a plan to construct townhomes. 5. Resolution - 99 -23 - Approvingthe appointments of Kathy Donnelly Cohen, Eugene Corbey, Larry Dandrea,Harold Fotsch, Susan McCall, and Shem Shakir, and the reappointments ofEsperanza Duarte, and Michael Marquiles, by Mayor Coleman, to the SaintPaul Planning Commission. Adopted as amended Yeas -6 Nays - 0 (Appointment of Harold Fotschlaid over to January 20) 6. Resolution - 99 -24 - Approvingthe July 1, 1998 through June 30, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and The Tri- Council,Local No. 49, Local No. 120, and Local No. 132, Exclusive Representativesfor Drivers, Grounds and Labor Employees, and Heavy Equipment Operators.(To be laid over one week for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 7. Resolution - 99 -25 - Approvingthe June 1, 1998 through May 31, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and the Twin City Glaziers,Architectural Metals and Glass Workers Local 1324. (To be laid over oneweek for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 8. Resolution - 99 -26 - Approvingthe January 1, 1998 through December 31, 1999 Employment Agreement betweenIndependent School District No. 625, Saint Paul Public Schools, and Manualand Maintenance Supervisors' Association representing Manual and Maintenance Supervisors. (To be laid over one week for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 9. Resolution - 99 -27 - Approvingthe January 1, 1998 through December 31, 1999 Employment Agreement betweenIndependent School District No. 625, Saint Paul Public Schools, and SaintPaul Supervisors' Organization, Representing Civil Service Supervisors.(To be laid over one week for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 10. Resolution - 99 -28 - Approvingthe July 1, 1998 through June 30, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and International Unionof Operating Engineers Local No. 70, Exclusive Representative for Custodians.(To be laid over one week for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 11. Resolution - 99 -29 - Approvingthe January 1, 1998 through December 31, 1999 Employment Agreement betweenIndependent School District No. 625, Saint Paul Public Schools, and ProfessionalEmployees Association, Inc., Representing Classified and Unclassified ProfessionalEmployees. (To be laid over one week for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164308\Minutes 1 -... 12/15/2010 Page 3 of 7 12. Resolution - 99 -30 - Approvingthe May 1, 1998 through April 30, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and Bricklayers andAllied Craftworkers, Local Union No 1 of Minnesota. (To be laid over oneweek for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 13. Resolution - 99 -31 - Approvingthe May 1, 1998 through April 30, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and the InternationalBrotherhood of Painters and Allied Trades Local 61. (To be laid over oneweek for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 14. Resolution - 99 -32 - Approvingthe May 1, 1998 through April 30, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and Plains RegionalCouncil of Carpenters and Joiners. (To be laid over one week for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 15. Resolution - 99 -33 - Approvingthe May 1, 1998 through April 30, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and the Minnesota CementMasons, Plasterers, and Shophands Local No. 633. (To be laid over one weekfor adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 16. Resolution - 99 -34 - Approvingthe July 1, 1998 through June 30, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and Minnesota SchoolEmployees Association, Representing Classified Confidential Employees Association.(To be laid over one week for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 17. Resolution - 99 -35 - Approvingthe June 1, 1998 through May 31, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and the Operative PlasterersLocal Union No. 265. (To be laid over one week for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 18. Resolution - 99 -36 - Approvingthe July 1, 1998 through June 30, 2000 Employment Agreement between IndependentSchool District No. 625, Saint Paul Public Schools, and School ServiceEmployees Local No. 284, Exclusive Representative for Cook Managers. (Tobe laid over one week for adoption) Laid over to January 20 foradoption Yeas - 6 Nays - 0 19. Resolution - 99 -37 - Approvingsubmission of sales tax report to the State of Minnesota. Adopted Yeas - 6 Nays - 0 20. Resolution - 99 -38- Approvingthe decision of the Legislative Hearing Officer on Property Code EnforcementAppeals for property located at 763 Fuller Avenue. Adopted Yeas - 6 Nays - 0 21. Resolution - 99 -39 - Authorizingthe Saint Paul Police Department to accept a Weed and Seed Grant in theamount of $100,000 from the Minnesota Department of Public Safety for theThomas /Dale area for the period July 1, 1998 through June 30, 1999. Adopted Yeas - 6 Nays - 0 22. Resolution - 99 -40 - Authorizingthe Housing Information Office (HIO) to execute a contract with file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164308\Minutes 1 -... 12/15/2010 Page 4 of 7 the FamilyHousing Fund and accept a $40,000 reimbursement for contractual servicesprovided by HIO during the period of January 1, 1998 to December 31, 1998. Adopted Yeas - 6 Nays - 0 23. Resolution - 99 -41 - Approvingorganizations to the 1999 10% Club List of Eligible Recipients. Adopted Yeas - 6 Nays - 0 24. Resolution - 99 -42 - Acceptinga Redevelopment Grant in the amount of $221,000 from the Department offrade and Economic Development for wetland /ponding creation on Lake PhalenTownhomes site. Adopted Yeas - 6 Nays - 0 25. Resolution - 99 -43 - Approvingissuance of a loan to Frogtown Action Alliance through the STAR Year- RoundLoan Program, Thomas -Dale District 7, Ward 1. Adopted Yeas - 6 Nays - 0 26. Resolution - 99 -44 - Givingfinal approval of the 1999 Residential Street Vitality Project Areas andtentative approval for years 2000 -2003 project areas. Adopted Yeas - 6 Nays - 0 27. Resolution - 99 -45 - AmendingCouncil File 97 -316, adopted March 26, 1997, requiring the rehabilitationor demolition of property located at 777 -779 Aurora Avenue within 180 days. Adopted Yeas - 6 Nays - 0 28. Resolution - 99 -46 - Authorizingthe purchase of two properties located at 1665 Hoyt Avenue East, and 1680Hoyt Avenue East as part of Phase I of the Hoyt- Montana Flood RemediationProject. Adopted Yeas - 6 Nays - 0 29. Resolution - 99 -47 - Approvinga five -year extension of Lease Agreement PW /36 providing 8,555 square feetof storage space for non - combustible materials under the Jackson StreetBridge to Bay West, Inc. Adopted Yeas - 6 Nays - 0 30. Preliminary Order - 99 -48- In the matter of improving the alley in Block 10, Sylvan Place (boundedby Palace, Saratoga, Jefferson, and Warwick Project 418892a -i with Pas cal-Jeffers onPrcj ect 18882) by grading and paving with a bituminous material, and settingdate of public hearing for March 3, 1999. (File 418892a -i) Adopted Yeas - 6 Nays - 0 31. Preliminary Order - 99 -49- In the matter of condemning and taking an easement in the land necessaryfor the slopes, cuts, and fills, including the right of removal of lateralsupport from subject land or reminder thereof, occasional by excavationsthereof of construction of slopes in the grading and paving the alley inBlock 10, Sylvan Place (bounded by Palace, Saratoga, Jefferson, and WarwickPrcject 418892a -S with Pascal- Jefferson Project 18882), and setting dateof public hearing for March 3, 1999. (File 418892a -S) Adopted Yeas - 6 Nays - 0 32. Preliminary Order - 99 -50- In the matter of improving the alley in Block 6, Sylvan Park and Block3 Vernon's RE (bounded by Jefferson, Brimhall, Sandford, and Saratoa Project4l8892b -i with Pascal - Jefferson Project 18882) by grading and paving witha bituminous material, and setting date of public file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164308\Minutes 1 -... 12/15/2010 Page 5 of 7 hearing for March 3,1999. (File 418892b -i) Adopted Yeas - 6 Nays - 0 33. Preliminary Order - 99 -51- In the matter of condemning and taking an easement in the land necessaryfor the slopes, cuts, and fills, including the right of removal of lateralsupport from subject land or reminder thereof, occasional by excavationsthereof or construction of slopes in the grading and paving of the north- southalley bounded by Jefferson, Brimhall, Sandford, and Saratoga Project 418892b -Swith Pascal- Jefferson Project 18882), and setting date of public hearingfor March 3, 1999. (File 418892b -S) Adopted Yeas - 6 Nays - 0 34. Preliminary Order - 99 -52- In the matter of improving the alley in Block 6, Jefferson Park (boundedby Wellesley, Pascal, Sandford and Albert Project 418892c -i with Pascal -Jeffers onPrcj ect 18882 by grading and paving with a bituminous material, and settingdate of public hearing for March 3, 1999. (File 418892c -i) Adopted Yeas - 6 Nays - 0 35. Preliminary Order - 99 -53- In the matter of condemning and taking an easement in the land necessaryfor the slopes, cuts, and fills, including the right of removal of lateralsupport from subject land or reminder thereof, occasional by excavationsthereof or construction of slopes in the grading and paving of the eastwest alley in Block 6, Jefferson Park (bounded by Wellesley, Pascal, Sandfordand Albert Project 418892c -S with Pascal- Jefferson Project 18882, and settingdate of public hearing for March 3, 1999. (File 418892c -S) Adopted Yeas - 6 Nays - 0 36. Preliminary Order - 99 -54- In the matter of improving the alley in Block 3, Sylvan Park Additionand Block 2, Vernon's RE (bounded by Brimhall, St. Clair, Saratoga, andSandford Project 418892d -i with Pascal- Jefferson Project 18882) by gradingand paving with a bituminous material, and setting date of public hearingfor March 3, 1999. (File 418892d -i) Adopted Yeas - 6 Nays - 0 37. Preliminary Order - 99 -55- In the matter of condemning and taking an easement in the land necessaryfor the slopes, cuts, and fills, including the right of removal of lateralsupport from subject land or reminder thereof, occasional by excavationsthereof or construction of slopes in the grading and paving of the north- southalley (bounded by Brimhall, St. Clair, Saratoga, and Sandford Project 418892d -Swith Pascal- Jefferson Project 18882), and setting date of public hearingfor March 3, 1999. (File 418892d -S) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 38. Report by Conventions, Sports& Leisure International (CSL) regarding the proposed agreements toamend the existing arena lease and financing plan. (Requested by Councilon December 23; C.F. 98- 1152) A report was presented byCSL. 39. Resolution - 98 -1146 - Approvalof the First Amendment to Arena Lease. (Laid over from January 6) Adopted as amended Yeas -5 Nays - 1 (Blakey) (Councilmember Benanav was notpresent for the votes on Items 40 - 45) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164308\Minutes 1 -... 12/15/2010 Page 6 of 7 40. Resolution - 98 -1038 - Authorizingthe proper City officials and staff to enter into a lease agreement withthe Saint Paul Yacht Club that will supersede an agreement between thesame parties dated June, 1992. (Laid over from December 23, 1998) Laid over to January 27 Yeas- 5 Nays - 0 41. Consideration of the appealof Peter Maranda to a decision of the Board of Zoning Appeals denying asetback variance and a variance of the maximum allowable size for an accessorystructure at 1904 Ashland Avenue. (Laid over from January 6) Motion of Intent - AppealDenied Yeas - 5 Nays - 0 42. Report on the findings ofthe Legislative Advisory Committee on Solid Waste Removal. (Requested bythe Council on June 10, 1998; C.F. 98 -502; laid over from November 25,1998) Laid over indefinitely Yeas- 5 Nays - 0 43. Report from the Departmentof Planning and Economic Development on the progress toward securing additionalfunding for COPP contracts. (Requested by the Council on December 23, 1998;CF. 98 -1151) Funding of $67,000 was authorizedYeas - 5 Nays - 0 ORDINANCES 44. Final Adoption - 98 -1117 - Anordinance amending Saint Paul Legislative Code Chapter 200 to allow petshops and pet grooming facilities to be deputy dog license vendors. Adopted Yeas - 5 Nays - 0 45. Final Adoption - 98 -1118- An ordinance amending Saint Paul Legislative Code Chapter 347 to allowpet shops to act as deputy dog license vendors and establishing an incentivefor doing so by permitting the pet shop to retain the initial license fees. Adopted Yeas - 5 Nays - 0 46. Second Reading - 99 -19 -An ordinance placing the position entitled Parks and Recreation Director,formerly entitled Superintendent of Parks and Recreation, in the unclassifiedservice pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. (Amended on January 6) Laid over to February 3 forthird reading /public hearing Yeas - 6 Nays - 0 47. Second Reading - 99 -20 -An ordinance amending Chapter 21 of the Saint Paul Administrative Codeentitled Officer's Qualifications by establishing minimum qualificationsfor the unclassified position of Parks and Recreation Director. (Amended on January 6) Laid over to February 3 forthird reading /public hearing Yeas - 6 Nays - 0 48. First Reading - 99 -56 - Anordinance revising parking meter pay rates pursuant to Chapter 160 of theSaint Paul Legislative Code. Laid over to January 20 forsecond reading PUBLIC HEARINGS(public hearings will begin at 5:30 p.m.) 49. Resolution - 99 -57 - Concerningadverse action against licenses held by Blues Saloon, Inc., 601 WesternAvenue North. (Uncontested) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164308\Minutes 1 -... 12/15/2010 Page 7 of 7 Laid over to February 3 Yeas- 6 Nays - 0 50. Resolution - 99 -58- Approvingthe decision of the Legislative Hearing Officer on Property Code EnforcementAppeals for property located at 281 Fifth Street East. (Laid over fromDecember 23) Adopted Yeas - 6 Nays - 0 51. Resolution - 99 -59 - To considerthe vacation of right -of -way for construction of the Minnesota Mutual Building.(Laid over from December 23 for continuation of public hearing) Adopted Yeas - 6 Nays - 0 52. Public hearing to considerthe appeal of James and Bonnie D'Aquila to a decision of the Board of ZoningAppeals granting a lot split variance in order to subdivide property at5 Crocus Hill into two parcels along the existing zoning line. Motion of Intent - AppealDenied Yeas - 6 Nays - 0 53. Public hearing to considerthe application for a final plat review submitted by Mendota Homes Inc.to allow the existing residential property to be subdivided into separatelots. Motion of Intent - ApplicationGranted Yeas - 6 Nays - 0 SusuensionItems Resolution - 99 -60 - Amending theArena Lease and directing staff to enter into negotiations with the MinnesotaWild to secure 50% of the proceeds of the naming rights over $1.3 millionannually or any value over $26 million through the term of the lease. Failed Yeas - 2 Nays - 4(Bostrom, Coleman, Lantry, Reiter) Resolution - 99 -61 - Authorizingthe City to submit an application to the State Department of Trade andEconomic Development for a loan from the "Minnesota Investment Fund" tohelp Media One expand their headquarters in Saint Paul at 10 River ParkPlaza. (This resolution was consideredas a public hearing) Adopted as amended Yeas -5 Nays - 0 (Blakey not present for vote) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164308\Minutes 1 -... 12/15/2010