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Approved Minutes 2-10-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February 10, 1999 - 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 3:35 p.m. by Council President Bostrom. Present - 6 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry Absent - 1 - Reiter(Excused) CONSENT AGENDA (Items 1 -24) Councilmember Blakey requested Item 8 be removed for discussion. Councilmember Harris requested Item 17 be removed for discussion. Councilmember Benanav requested Item 19 be removed for discussion. Council President Bostrom requested Item 21 be laid over two weeks. Councilmember Harris moved approval of the consent agenda as amended Yeas - 6 Nays - 0 FOR ACTION 1. Approval of minutes of December 23, 1998. Adopted Yeas - 6 Nays - 0 2. Claims of Tracy Behrends, Stacey Boehm,Neal Davids, Kimberly Hofmann, Kimberly Johnson, Bill & Carol Mantel, Shari Skarda, and Ann Kiley Volinic. Referred to Employee/Risk Management Division 3. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on February 24, 1999, to consider the application of the Housing and Redevelopment Authority for a Combined Plat Review to allow the former Phalen Shopping Center property to be subdivided into six separate lots. 4. Letters from the Citizen Service Office/Property Code Enforcement declaring 582 State Street and 1099 Wakefield Avenue as "nuisance properties" and setting date of Legislative Hearings for February 16, 1999, and City Council Hearings for February 24, 1999. 5. Letters from the Citizen Service Office/Property Code Enforcement declaring 1047 Arcade Street and 547 Blair Avenue as "nuisance properties." (For notification purposes only; public hearings will be scheduled at later date if necessary.) 6. Administrative Orders: D001646 Transferring spending authority in the Department of Public Works, Street Repair and Cleaning Fund, to adjust spending budgets for the year 1998. February 10, 1999 City Council Summary Minutes Page 2 D001647 Professional Service Contract between the Saint Paul Police Professional Development Institute and consultant Stanley M. Slowik for employee training in objective pre-employment interviewing techniques. D001648 Amending the 1998 budget in the Department of Planning and Economic Development to correct activity codes in Fund 967. D001649 Amending the 1999 budget in the Police Department to appropriately reflect General Fund expenditures for 1999. D001650 Approving funding, not to exceed$9,000, for the Division of Parks and Recreation's annual conference on March 9, 1999, at Earle Brown Center. Noted as on file in the City Clerk's Office 7. Resolution- 99-117 -Approving the appointments of Michael Hernandez and Dudley Younkin, by Mayor Coleman, to the Saint Paul Heritage Preservation Commission. Adopted Yeas - 6 Nays - 0 8. (Discussed after the consent agenda) 9. Resolution - 99-119 -Approving the appointment of Matthew Mejia, by Mayor Coleman, to the Capitol Area Architectural Planning Board. Adopted Yeas - 6 Nays - 0 10. Resolution- 99-120 - Approving the reappointment of Councilmember Jerry Blakey to the Family Housing Fund Board of Directors. Adopted Yeas - 6 Nays - 0 11. Resolution- 99-121 - Finalizing City Council action taken January 6, 1999, denying the appeal of Louie's Billiards, Inc. to a decision of the Saint Paul Planning Commission denying a special condition use permit to allow a billiard hall at 1992 Suburban Avenue. Adopted Yeas - 6 Nays - 0 12. Resolution- 99-122 -Finalizing City Council action taken January 13, 1999, denying the appeal of James and Bonnie D'Aquila to a decision of the Board of Zoning Appeals granting a lot split variance in order to subdivide property at 5 Crocus Hill into two parcels along the existing zoning line. Adopted Yeas - 6 Nays - 0 13. Resolution- 99-123 -Finalizing City Council action taken January 13, 1999, denying the appeal of Peter Maranda to a decision of the Board of Zoning Appeals denying a setback variance and a variance of the maximum allowable size for an accessory structure at 1904 Ashland Avenue. Adopted Yeas - 6 Nays - 0 14. Resolution - 99-124 - Supporting legislation to amend Minnesota Statutes to allow issuance of a liquor license to the Fitzgerald Theatre, and requesting that the Minnesota Legislature adopt such legislation during its 1999 Regular Session. Adopted Yeas - 6 Nays - 0 February 10, 1999 City Council Summary Minutes Page 3 15. Resolution- 99-125 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 235 Belvidere Street East. Adopted Yeas - 6 Nays - 0 16. Resolution- 99-126 -Approving platting of land for Stewart Bluff Townhomes at 7XX Stewart Avenue (southeast side between Bay and Sumac Streets). Adopted Yeas - 6 Nays - 0 17. (Discussed after the consent agenda) 18. Resolution- 99-128 - Establishing a new project in the 1998 Capital Improvement Budget entitled Dayton's Bluff Community Theater. Adopted Yeas - 6 Nays - 0 18. (Discussed after the consent agenda) 20. Resolution- 99-130 - Authorizing the proper City officials to execute a proposed settlement agreement between the City of Saint Paul and Northern States Power Company for a disputed sewer bill. Adopted Yeas - 6 Nays - 0 21. Resolution- 99-131 - Approving right-of-way management permit fee structure. Laid over to February 24 Yeas - 6 Nays - 0 22. Resolution- 99-132 -Approving a Joint Powers Agreement between the City of Saint Paul and Ramsey County allowing Ramsey County to construct, operate, maintain, and police the proposed Trout Brook County Trail on city-owned land. Adopted Yeas - 6 Nays - 0 23. Preliminary Order- 99-133 - In the matter of improving streets with one or more of the following: new bituminous roadway, concrete curb and gutter, driveway aprons reconstructed with concrete, sodded boulevards, and a lantern style street light system as part of the Ivy/Earl Residential Street Vitality Program, and setting date of public hearing for March 10, 1999. (File#18893) Adopted Yeas - 6 Nays - 0 24. Preliminary Order- 99-134 - In the matter of construction of storm sewer connections, sanitary sewer connections, and water connections, at the property owner's request, in conjunction with the Ivy/Earl Residential Street Vitality Program, and setting date of public hearing for March 10, 1999. (File#18893C) Adopted Yeas - 6 Nays - 0 February 10, 1999 City Council Summary Minutes Page 4 8. Resolution- 99-118 - Approving the appointments of James Bellus, Daniel Scott, Richard Wolfgramm, and Stan Donnelly,by Mayor Coleman, to the Saint Paul Heritage Preservation Commission. Councilmember Blakey stated that he received several calls from constituents regarding the Heritage Preservation Commission (HPC) and they indicated they would like to have a public hearing on the criteria for appointments to the HPC. He suggested the resolution be laid over to allow for a public hearing to be scheduled. Councilmember Coleman stated that there may be criteria of the make-up of the HPC that may not be met if these appointments were approved. However, Coleman suggested that the Council move forward with the appointment of James Bellus, as he felt he met the criteria for the appointment, and that the remaining appointments be laid over. Councilmember Harris moved approval of the appointment of James Bellus. Yeas - 6 Nays - 0 Councilmember Blakey suggested a three week layover of the remaining appointments in order to have a public hearing. Councilmember Coleman suggested that it be laid over for two weeks for a discussion to determine the criteria that needs to be met or risk losing funding. He noted that they were lacking people on the HPC who are historians by training. Councilmember Coleman further requested that Gerry Strathman, Council Research Director, contact Aaron Rubenstein, Office of License, Inspections and Environmental Protection, to provide information pertaining to criteria. Councilmember Blakey moved to lay over the remaining appointments for two weeks. A public hearing and discussion will be held regarding the criteria for Heritage Preservation Commission appointments. Adopted as amended Yeas - 6 Nays - 0 (Note: Additional discussion on this issue took place at the end of the meeting; see page 12) 17. Resolution- 99-127 - Providing $250,000 for burial of overhead power and transmission lines on Chestnut Street/Eagle Parkway in 1999. Councilmember Harris noted that this is not a budgeted item. He questioned Public Works' staff why this area was chosen rather than another area of the City as a lot of money has already been budgeted for this area in preparation for the new Science Museum. Ed Warn, Department of Public Works, stated that the proposal is to use $250,000 of CIB money that is currently in the Shepard Road budget for landscaping on Shepard Road. The landscaping will not be done until the year 2000. John Wirka, Division of Parks and Recreation, added that Parks and Recreation and Public Works are working jointly on this project. They are almost ready to bid on the street work and the amenity February 10, 1999 City Council Summary Minutes Page 5 work. There is $480,000 budgeted by Parks for the amenity work and Public Works has budgeted about$500,000 for the street work. As they work toward the conclusion of the plan preparation, they have discovered, in talking to NSP, that they have a once in a life time chance to bury the major power line on the west side of Chestnut Street. It can be buried as part of the road work for a much lesser cost than at any other time. It is felt it will greatly improve the appearance of this major entrance into downtown St. Paul. It has been discussed at length with Public Works and has been approved by the CIB Committee. Mr. Wirka stated that on the Shepard Road project, the two departments are working in a similar fashion. They presently have $1.3 million available for the amenity work with the anticipation of another million dollars in the year 2000 when the work is done. This is all CIB money. Should the $250,000 not be found through grants, etc., they would have to scale back the amenity planting work, the decorative stone work, etc. Council President Bostrom asked if there is a chance the money would be taken from another project such as a playground fund. Mr. Wirka responded that they would not propose that. Councilmember Blakey said he was asked by residents in an historic area to have an overhead line buried because it did not fit in with the historic nature. He felt it was not affordable and told the residents that it could not be done. He questioned if a policy was being set by going forward with this project. Mr. Wirka responded that whenever they are working on reconstruction of a parkway, they always strive to bury the utility lines. Councilmember Harris expressed concern that there is not enough CIB money available for other projects and yet considerable amounts of money are being spent on larger scale projects. If the Shepard Road project is going to be delayed, Harris said, he would like a commitment in the budget from Public Works that some other projects will not be delayed or set aside in order to bury the power lines. Councilmember Harris said he would like language put in the resolution to that effect. Ed Warn responded that Public Works is satisfied with the commitment they have received from the Division of Parks and Recreation and he felt it was reflected in the resolution. Phil Byrne,Assistant City Attorney,provided language to be added to the resolution reflecting the concerns expressed by Councilmember Harris. Councilmember Benanav talked about playgrounds in the City that are in need of repair and he is told there is no money to fix them. He said he considers playgrounds a priority over buried powerlines and he feels the neighborhoods are not receiving equal treatment. Councilmember Coleman responded that this is a gateway project to the City and a project where a lot of money has been invested. The Science Museum is for all citizens and there is an opportunity to make it the best project possible. It will be a lot more economical to bury the power lines during the construction. February 10, 1999 City Council Summary Minutes Page 6 Councilmember Harris suggested language be added to the resolution indicating that any proposal to meet a shortfall in landscaping with other CIB funds shall not be done without the prior review and approval of the City Council. Councilmember Coleman accepted the amendment as friendly. Councilmember Coleman moved approval. Adopted as amended Yeas -5 Nays - 1 (Benanav) 19. Resolution- 99-129 -Releasing the Ayd Mill Road Draft Environmental Impact Statement, and setting date of public hearing for March 24, 1999. Councilmember Benanav questioned Phil Byrne, Assistant City Attorney, if the Council took action on this resolution on this date,whether it would mean the Council was endorsing the EIS or accepting it in any way. Mr. Byrne responded that the City Council would not be endorsing, subscribing to, or in any way pre-determining any part of the project. The release of the draft EIS is simply a preliminary step in the process that the Minnesota Rules provide for in doing an EIS. Those rules require that the responsible governmental unit,which is the City of Saint Paul, has to make the Draft EIS available for public review and comment and hold an informational meeting. This resolution would release it for public comment and set the date of the public hearing. The Council is not endorsing anything at this time. Even with the final EIS, the only thing the Council is doing is determining whether or not it is adequate. The steps in determining whether or not it is adequate is whether it addresses the issues raised in the scoping document, if responses have been made to the comments received during the comment period, and whether the rules have been followed by the Council. If all this has been done, the EIS is adequate but it still does not commit the Council to the proposal, any alternative to the proposal or any conditions, permits, variances, or any other governmental action. (Coleman left and returned) Mike Klasen, Department of Public Works, stated that he will respond to all comments received. Councilmember Benanav requested that the Draft EIS be posted on the WEB. Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 25. Resolution- 98-1038 - Authorizing the proper City officials and staff to enter into a lease agreement with the Saint Paul Yacht Club that will supersede an agreement between the same parties dated June, 1992. (Laid over from January 27) Vic Wittgenstein, Interim Superintendent, Division of Parks and Recreation, reported that a re- negotiated agreement between the City of Saint Paul and the St. Paul Yacht Club was prepared at the request of the City Council. He explained that the reason a lease agreement is being done is to move the Yacht Club from the lower harbor to the upper harbor in order to commence with the Harriet Island project. February 10, 1999 City Council Summary Minutes Page 7 Councilmember Coleman requested that Phil Byrne, Assistant City Attorney, review the final agreement and offer an opinion. Also, the community was promised that they would have at least one week to review the changes. Mr. Wittgenstein stated that Assistant City Attorney Virginia Palmer had reviewed the language. Councilmember Harris presented an amendment to the resolution requesting that the Division of Parks and Recreation return to the Council on two dates in 1999 regarding the provisions pertaining to the storage of boats and upkeep of the land. The amendment would insure that the Yacht Club is following the provisions of the lease and provide an update to the Council. Councilmember Coleman accepted Harris' amendment as friendly and included additional language that a yearly update should be provided to the Council. Councilmember Coleman moved approval of the amendment and a two week layover. Amended and laid over to February 24 Yeas - 6 Nays- 0 26. (discussed after Item 33) ORDINANCES 27. Final Adoption- 99-19 -An ordinance placing the position entitled Parks and Recreation Director, formerly entitled Superintendent of Parks and Recreation, in the unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. (Amended on January 6) Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 28. Final Adoption- 99-20 - An ordinance amending Chapter 21 of the Saint Paul Administrative Code entitled Officer's Qualifications by establishing minimum qualifications for the unclassified position of Parks and Recreation Director. (Amended on January 6) Councilmember Blakey moved approval. Councilmember Benanav stated that the position of Parks and Recreation Director is one of the more important positions in the City and he expressed concern about the experience that is required under this proposed ordinance; specifically, that experience for education can be substituted. Councilmember Benanav moved to remove the last sentence in section two "the additional experience may be substituted for educational requirement on a one year of experience for one year of education basis." Removing this language will require a bachelors degree in the field. He further proposed to increase the number of years of experience required from five to eight. Councilmember Blakey said he was more concerned about the background of the individual and the level of training, experience, and management they possess. Councilmember Harris spoke against the amendment saying he does not want to exclude anyone and he felt it would disqualify good people. February 10, 1999 City Council Summary Minutes Page 8 John Hamilton, Director, Office of Human Resources, appeared. He stated that they are not trying to dilute the qualifications required for the Parks Director position. These are minimum qualifications meaning that they get people in the door but does not necessarily mean they will get a person hired. In reality, Mr. Hamilton said their expectation is that someone coming in will have substantially more experience than what is required. The Office of Human Resources was interested in expanding the net in order to draw a diverse field of candidates. Mr. Hamilton stated that there are 16 Director positions within the City. Of those, two have no minimum qualifications, one does not require any college degree, minimum qualifications are accepted each time with four of them, and one requires a masters degree. The minimum experience required is two years and the maximum is ten years. The experience typically looked at is between five and seven years. Councilmember Benanav amended his motion and moved to strike lines 14 and 15. Councilmembers Coleman and Lantry spoke in support of the amendment. Councilmember Blakey spoke in opposition to the amendment. Council President Bostrom suggested that"one year of experience"be changed to: "three years of experience would be equal to one year of education." Phil Byrne, Assistant City Attorney,presented the amended language indicating that in place of lines 14 and 15, language read as follows: "Three years of additional experience may be substituted for one year of the educational requirement." Councilmember Benanav accepted the amendment as friendly. Vote on Councilmember Benanav's amendment to delete lines 14 and 15. Failed Yeas - 3 Nays - 3 (Blakey, Harris, Bostrom) Vote on the second Benanav amendment to delete lines 14 and 15 and insert new language as presented by Phil Byrne. Adopted Yeas - 6 Nays - 0 Amended and laid over to February 24 Yeas - 6 Nays - 0 29. Final Adoption- 99-56 -An ordinance revising parking meter pay rates pursuant to Chapter 160 of the Saint Paul Legislative Code. Phil Byrne, Assistant City Attorney, noted that the effective date clause in the ordinance needs to be changed from January 31, 1999 to 30 days following passage, approval, and publication. Councilmember Coleman moved approval as amended. Amended and laid over to February 24 Yeas -4 Nays - 2 (Blakey, Harris) 30. Final Adoption- 99-75 - An ordinance allowing the construction of 22 town homes at 375, 381, 383, 387, 391, and 397 Colborne, 398 and 412 Duke, and 497 Palace. Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 February 10, 1999 City Council Summary Minutes Page 9 31. First Reading - 99-136 - An ordinance prohibiting the use of the City's traffic signal preemption and priority systems by unauthorized persons, and providing authority for such use by authorized operators of emergency vehicles and public transit service buses. Laid over to February 17 for second reading 32. First Reading - 99-137 - An ordinance amending Council File 98-766 relating to study of pawnshops. Laid over to February 17 for second reading Suspension Item: Councilmember Coleman moved for suspension of the rules and approval of the following resolution: Resolution- 99-142 - Allowing City employees to attend the historic sounding of the Titanic whistles on February 20, 1999, and declaring this event a public purpose. Also to indemnify sponsors of the event harmless from any and all damages which may occur. Councilmember Benanav questioned what the City was indemnifying with this resolution. Phil Byrne, Assistant City Attorney, explained that often someone wants to put on an event but they are concerned about liability they may incur and they ask the City to indemnify them for any damages they might cause by their negligence. By approving this type of resolution, the City is indemnifying the sponsors of the whistle blowing only for a limited category of things. Damage to their own property is covered but the City is indemnifying them for claims brought against them by third parties. Councilmember Harris expressed concern about possible damage to the whistles. Phil Byrne suggested in the second to last"further resolved" an amendment could be made to include that it does not cover casualty, loss, to the named parties property. Councilmember Coleman moved approval as amended. Adopted as amended Yeas - 6 Nays - 0 The meeting was recessed from 4:52 - 5:30 p.m. Roll Call Present - 6 Absent- 1 (Reiter- excused) PUBLIC HEARINGS 33. Resolution- 99-138 - Approving the Amended and Restated Tax Increment Financing Plan for the Block 39/Arena Redevelopment Tax Increment Financing District. Bob Geurs, Department of Planning and Economic Development, stated that action was taken on this date at the Housing and Redevelopment Authority meeting for part of the necessary financing approval that was considered in February on the financing plan. The public hearing was set at that February 10, 1999 City Council Summary Minutes Page 10 time for discussion of the tax increment district so those increments can be pledged for the sale of the sales tax bonds for the arena project. No one appeared in opposition. Councilmember Blakey moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 26. Resolution - 99-135 - Authorizing the issuance of the Taxable Sales Tax Revenue Bonds (Arena Project), Series 1999A and approving and authorizing the execution of documents in connection with the bonds. (Note: This item will be considered following the public hearing for Item #33 - Amended and Restated Tax Increment Financing Plan for Block 39) Joe Reid, Department of Financial Services, explained that this resolution authorizes the City to issue the sales tax revenue bonds which were part of the financing plan that was presented to the Council in January. The official statement was printed on this date and it is consistent with the financing plan. Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 34. Final Order- 99-139 - In the matter of improving the alley in Block 3, Ryan Place, (bounded by Randolph, Mount Curve, Hartford, and Mississippi Boulevard)by grading and paving with bituminous material. (File#18891) Councilmember Harris moved to lay over indefinitely at the request of Public Works' staff and to continue the public hearing. Laid over indefinitely for continuation of public hearing Yeas - 6 Nays - 0 35. Final Order- 99-140 - In the matter of condemning and taking an easement in the land necessary for the slopes, cuts, and fills, including the right of removal of lateral support, in the grading and paving of the alley in Block 3, Ryan Place. (File#18891-S) Councilmember Harris moved to lay over indefinitely at the request of Public Works' staff and to continue the public hearing. Laid over indefinitely for continuation of public hearing Yeas - 6 Nays - 0 36. Resolution- 99-141 - Vacation of the right of way near the area of Rose &Barclay for construction of the State of Minnesota's Bureau of Criminal Apprehension Building. No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 Referring to Item#8, Councilmember Blakey clarified that he intended as part of his earlier motion that he wanted a public hearing to be held and this was not recorded as part of the motion. Council President Bostrom noted what action was taken and Councilmember Coleman clarified that February 10, 1999 City Council Summary Minutes Page 11 his motion was that part of it was adopted and the remainder was laid over as a discussion item as he would like to find out what the criteria for certification by the Department of Interior are regarding the makeup of the HPC. Then the Council will have a sense of whether or not the applicants who are still under consideration would meet that criteria. The other information can still be obtained,but it would not preclude the Council from allowing a public hearing. Councilmember Blakey said the calls he has received from people concerned about both these appointments and the entire HPC issue indicated that they wanted their concerns heard. He said he would like to set a date for a public hearing. Councilmember Coleman suggested that the public hearing be framed for just the criteria for selection of HPC commissioners. Council President Bostrom suggested that a decision be made regarding a public hearing in two weeks after the first discussion. Councilmember Blakey moved to hold a public hearing on February 24. Yeas - 6 Nays - 0 Councilmember Blakey moved to adjourn the meeting. ADJOURNED AT 5:40 P.M. Daniel Bostr m, Council President ATTEST: Minutes approved by Council Nancy An on ,.�1 \ `\°`'\ Assistant Council Secretary nice