Approved Minutes 4-8-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday,April 8, 1998 - 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 3:30 p.m. by Council President Bostrom.
Present - 6 -Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Benanav(arrived shortly after roll call)
CONSENT AGENDA (Items 1 - 23)
FOR ACTION
Councilmember Harris requested Items 13 & 15 be removed for discussion.
Councilmember Blakey requested Item 22 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended. Yeas - 7 Nays- 0
1. Approval of minutes of January 21 & 28, 1998 and February 4, 1998.
Adopted Yeas - 7 Nays - 0
2. Claims of Javier Rodriguez Gaitan, Heriberto Garrido, Cher Her, Seng Kong, Beverly Hill, and John
Peterson.
Referred to Employee/Risk Management Division
3. Summons and Complaint in the matter of Teresa Kinne vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Notice of Claim in the matter of Larry Dewayne Davis, Jr. vs. the City of Saint Paul, et al.
Adopted Yeas - 7 Nays - 0
5. Letter from Marc J. Manderscheid, Doherty Rumble& Butler, confirming the procedures for the
Commission Hearing with regard to Parcel 1, Bremer Tower in the matter of the Port Authority of
Saint Paul vs. D.S.P.O.T., L.L.C, et al.
6. Letter from the Real Estate Division announcing a public hearing before the City Council on May 6,
1998 to consider the vacation of part of Hubbard Avenue east of Avon Street to allow for the
construction of a plant platform as part of the petitioner's plat remodeling project.
April 8, 1998 City Council Summary Minutes Page 2
7. Administrative Orders:
D001516 Amending the 1997 budget in the Police Department, Crime Lab Special Revenue Fund.
D001517 Amending the 1997 budget in the Police Department, Parking Enforcement Fund.
D001518 Amending the 1997 budget in the Police Department, General Fund.
D001519 Addition of$4,516.57 to the contract for Saint Paul Civic Center Expansion, CP4.23
Kitchen Equipment Category 2.
D001520 Addition of$1,182.44 to the contract for Saint Paul Civic Center Expansion, CP4.23
Kitchen Equipment Category 2.
Noted as on file in the City Clerk's Office
8. (See page 9)
9. Resolution- 98-261 - Authorizing the proper City officials to execute an agreement with School
District#625 to provide for continuation of the City's participation in the D.A.R.E. and School
Liaison Programs.
Adopted Yeas - 7 Nays - 0
10. Resolution- 98-262 -Establishing a budget in the Mayor's Office for the third annual Youth Job and
Volunteer Fair at RiverCentre.
Adopted Yeas - 7 Nays - 0
11. Resolution - 98-263 -Endorsing the Phalen Corridor Initiative and its efforts.
Adopted Yeas- 7 Nays - 0
12. Resolution- 98-264 - Granting the property owner of 710 Dayton Avenue an extension of 180 days
to comply with the original abatement order found in Council File 96-1039.
Adopted Yeas- 7 Nays - 0
13. (Discussed after the consent agenda)
14. Resolution- 98-266 - Amending the 1998 Como Conservatory Special Fund budget to purchase a
new volunteer trailer with funds that were donated by the Hersey Foundation.
Adopted Yeas- 7 Nays - 0
15. (Discussed after the consent agenda)
16. Resolution- 98-268 - Authorizing the Saint Paul Saints Northern League Baseball Team to use the
City's 3.2 Beer License at Midway Stadium in 1998.
Adopted Yeas- 7 Nays- 0
17. Resolution- 98-269 - Allowing the Saint Paul Lead Hazard Control program to reimburse the City of
Minneapolis for follow-up lead activities associated with the U.S. Department of Housing and Urban
Development Lead Hazard Reduction Research Project.
Adopted Yeas - 7 Nays- 0
April 8, 1998 City Council Summary Minutes Page 3
18. Resolution- 98-270 - Authorizing the proper City officials to execute an agreement between the City
and the Minnesota Department of Transportation pertaining to the Environmental Impact Study of
Ayd Mill Road.
Adopted Yeas - 7 Nays - 0
19. Resolution- 98-271 - Authorizing a Joint Powers Purchasing Agreement with the City of Maple
Grove.
Adopted Yeas - 7 Nays- 0
20. Resolution- 98-272 -Extending Lease Agreement CS/30 from the Minnesota Department of
Transportation through April 30, 1998 for a parcel of land adjacent to the Cayuga Playground.
Adopted Yeas - 7 Nays- 0
21. Resolution- 98-273 - Authorizing the proper City Officials to execute a contract with the U.S. Equal
Employment Opportunity Commission for the provision of investigative services.
Adopted Yeas - 7 Nays - 0
22. (Discussed after the consent agenda)
23. Resolution- 98-275 - Authorizing an agreement with Cretin Derham Hall High School for
development and operation of outdoor athletic fields.
Adopted Yeas - 7 Nays - 0
13. Resolution- 98-265 -Requesting that the Mayor's Administration provide the City Council an update
on the city payroll project at the April 22, 1998 City Council meeting.
Councilmember Harris presented an amendment to the resolution requesting that on April 22 any
budget amendments be distributed to the Council as well as detail on the project including costs
associated with the software, hardware, personnel and all other costs, and a detail of all past payments
to outside vendors both for the previous project and any existing service arrangements for the one
that will be discussed. Councilmember Blakey accepted the amendment as friendly.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
15. Resolution - 98-267 -Moving 1998 contingency money budgeted in the Property Code Enforcement
Activity into proper budget codes so implementation of the program to enforce health and safety
codes in non-owner-occupied 1 and 2 family dwelling units can proceed.
Councilmember Harris moved to lay over one week.
Laid over to April 15 Yeas - 7 Nays - 0
April 8, 1998 City Council Summary Minutes Page 4
22. Resolution- 98-274 - Authorizing payment of$25,000 to Ross Lundstrom and John Thompson, his
attorney, in full settlement of their claim against the City of Saint Paul.
Councilmember Blakey said he did not recall the Council agreeing to a settlement during the closed
session held on this issue.
Phil Byrne, Assistant City Attorney, recommended that if the Council wished to have an in-depth
discussion on this issue that another closed session be scheduled. However, it was considered at a
previous closed meeting and it was the understanding of the City Attorney's staff that they had
authority to enter into this agreement based on that meeting. Mr. Byrne said it was his understanding
that the $25,000 is only a small part of what the City's liability would be in terms of attorney's fees if
the case is not settled and the City Attorney's Office highly recommended the settlement.
Considerable discussion ensued on this issue. Councilmember Reiter stated that most of the Council is
not in agreement with this settlement but cost-wise it's better than the ramifications if the City does
not agree to settle.
Councilmember Lantry pointed out that the Council needs to separate the incident from the settlement
which is being paid because the City did not follow the rules and provide a hearing for Mr.
Lundstrom.
Councilmember Coleman moved approval
Adopted Yeas - 5 Nays - 2 (Blakey, Harris)
FOR DISCUSSION
24. Recommendations of the Planning Commission regarding proposed storage and parking definition
amendments to the Zoning Code. (Requested by C.F. 98-74 adopted January 28, 1998)
Councilmember Benanav moved to withdraw as it has been taken care of
Withdrawn Yeas - 7 Nays - 0
25. Update by the Department of Planning and Economic Development (PED) on a proposed model for
training 100 low income Saint Paul residents for hi-tech industry positions. (Sean Kershaw, PED)
(An update was requested by the Council on February 25)
Sean Kershaw, Department of Planning and Economic Development (PED), provided an update. He
stated that in response to a resolution passed in July, 1997, staff was directed to prepare a plan to
prepare 100 low-income people for jobs in the software hi-tech industry. PED staff appeared before
the Council in September and February with a plan that would place people in jobs in the customer
service representative and help-desk positions. A funding source was not identified at that time and
has still not identified at this time within the current budget. Funds from the project costs are not
eligible, staff looked at CDBG funds, existing categorical funding from the State, etc. and a source
has not been found.
April 8, 1998 City Council Summary Minutes Page 5
Mr. Kershaw reported that an employer has been identified in the east metro area that needs people in
these positions and is willing to pay for the training themselves if the City can identify people who
have the appropriate basic skills. PED is working with the Port Authority and their customized
training program to complete the conversation and see if it is an opportunity that can be followed-up.
Councilmember Harris questioned if there really is no eligible funding within Workforce Development
to do this program. Mr. Kershaw responded that in order to make the program work, they must have
the right funding sources. They had a software training program last year that failed because there
were so many strings attached to it that they could not make it work. In order for any of the efforts
to be successful, the right funding source must be found. The funds in the Workforce Development
budget are already appropriated toward specific use. They are ineligible or PED feels strongly that
they come with so many strings attached in terms of who can receive the funds that they would not
make the program work. Many of the funds are for dislocated workers, students who have dropped
out of school, summer youth programs, and people coming off welfare.
Councilmember Harris said there is a big demand in the market for the people identified in the
program and he expressed dismay that with the demand and the substantial amount of money in the
City's budget for job training that this demand cannot be met. Mr. Kershaw said about 15 people
could be placed who are eligible from the sources they have. The regulations are imposed primarily
by the Federal government and also by the State, and they are all set up in a different labor situation
where there was a surplus of workers which is not the case anymore. While the existing funding
sources are useful as they train and place people, they do not necessarily correspond to either the
specific or extensive needs in the market.
Councilmember Harris suggested that possibly Jackie Shoholm of the Training and Development
Division could put together some changes to free up some resources in order to make this work. He
suggested PED get something that will move them closer to an outcome as opposed to going back to
review the process of why it can't work.
Mr. Kershaw responded that a meeting has been scheduled with Joe Reid, Budget Director, to talk
specifically about how to make the program work during the next budget cycle.
Councilmember Harris asked Mr. Kershaw to provide data on what some of the barriers are, where
the funds are committed, whether there is some flexible funding available, and what the process was
that occurred in order for those funds to be committed.
Councilmember Blakey noted that when this program was planned, it was done in mind with the
Lawson Software project. The Council was assured by Pamela Wheelock, PED Director, that the
training program could be done. There should be a commitment of dollars tied to the many projects
that are taking place in the City, he said.
Councilmember Benanav said he would like to receive an explanation from Ms. Wheelock as to what
happened with this plan
April 8, 1998 City Council Summary Minutes Page 6
Councilmember Blakey moved to request that Pam Wheelock provide a written report to the City
Council pertaining to funding of this program within three weeks.
Yeas - 7 Nays- 0
26. Presentation by the Treasury Division on the fees and costs for bond issuance. (Laid over from
March 11) (See C.F. 98-117 adopted February 11, 1998)
Councilmember Harris moved to lay over four weeks at the request of the Treasury Division.
Laid over to May 6 Yeas- 7 Nays- 0
27. Resolution- 98-175 -Recommending that fees be waived when an appeal of a Zoning Administrator,
Planning Commission or Board of Zoning Appeals decision is commenced by a neighborhood district
council. (Laid over from March 11)
Councilmember Coleman moved to introduce a substitute resolution, which addressed the concerns
that had been raised on this issue, and approval. He outlined the changes that were being proposed
and considerable discussion ensued.
Substitute introduced and failed Yeas - 3 Nays - 4 (Blakey, Bostrom, Harris, Reiter)
28. Administrative Orders:
D001505 Addition of$27,050.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001506 Addition of$9,241.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001507 Addition of$436,278.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001508 Addition of$16,645.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001509 Addition of$29,085.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001510 Addition of$8,372.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001511 Deduction of$5,629.00 from the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001512 Addition of$1,588.00 to the contract for Saint Paul Civic Center Expansion, CP-1
Science Museum Turnaround.
D001513 Addition of$57,310.37 to the contract for Saint Paul Civic Center Expansion, CP7.1
Cable/Wiring.
(Laid over from April 1)
There was no discussion; Councilmember Blakey moved approval.
Noted as on file in the City Clerk's Office Yeas - 7 Nays - 0
April 8, 1998 City Council Summary Minutes Page 7
29. Resolution- 98-276 - Calling for all requirements for fire sprinkler protection systems in newly
constructed or substantially rehabilitated residential housing on vacant properties to be removed.
Councilmember Harris presented an amendment to the resolution stating that the installation of
sprinkling protection systems in residential properties will remain an eligible cost for City financing
will be removed as a requirement. Harris reviewed what he felt were the merits of doing this.
Councilmember Blakey spoke in support of the amended resolution saying that the requirement for
sprinkler systems is an immense cost which restricts many people. He noted that it's only homes that
receive City financing that are required to have sprinklers; private financing does not require them.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 5 Nays - 2 (Bostrom, Lantry)
ORDINANCES
30. Final Adoption- 98-216 - An ordinance amending Chapters 60, 61, and 62 of the Saint Paul
Legislative Code pertaining to zoning. (Amended on April 1)
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays- 0
31. First Reading- 98-277 - An ordinance amending Chapter 430 of the Saint Paul Legislative Code
pertaining to Cable Communications Service.
Laid over to April 15 for second reading
Reconsidered Item
Councilmember Blakey moved to reconsider the following resolution(adopted on April 1, 1998) and
to lay over two weeks.
Resolution- 98-214 - Approving new minimum qualifications for the Engineering Aide I and II
classifications.
Reconsidered and laid over to April 22 Yeas - 7 Nays- 0
The meeting was recessed at 4:40 p.m. and reconvened at 5:30 p.m.
Roll Call: Present - 6 Absent - 1 (Coleman) arrived after roll call
PUBLIC HEARINGS
32. Final Adoption- 98-190 - An ordinance amending C.F. 98-43 relating to a replacement franchise for
cable service. (Laid over from March 25) (Final adoption/public hearing will be laid over to April 15)
Councilmember Blakey moved to lay over to April 15.
Laid over to April 15 for public hearing/final adoption Yeas - 7 Nays- 0
April 8, 1998 City Council Summary Minutes Page 8
33. Third Reading - 98-234 -An ordinance granting a renewal franchise for cable service to Continental
Cablevision of Saint Paul, Inc. (Third reading/public hearing will be laid over to April 15)
Councilmember Coleman moved to lay over to April 15.
Laid over to April 15 for third reading/public hearing Yeas - 7 Nays- 0
34. Resolution- 98-278 - Approving application for Restaurant (B), Malt Off Sale, Liquor On Sale-
Sunday, Liquor On Sale(C), and Gambling Location licenses by T J Bells, 1201 Jackson Street. (ID
#19980000007)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas- 7 Nays- 0
35. Resolution- 98-279 - To consider the vacation of the North-South alley in Block 6, Summit Avenue
Addition.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
36. Resolution- 98-280 - To consider the vacation of that part of Short Line Street lying southerly of the
Burlington Northern right-of-way and northerly of Pierce Butler Route.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
37. Public hearing to consider a petition which alleges a public nuisance at 556-558 Blair Avenue. (Laid
over from March 11) (This item will be withdrawn)
Councilmember Blakey moved to withdraw this issue as it was resolved.
Withdrawn Yeas - 7 Nays - 0
38. Public hearing to consider the application of River Town Homes, LLC for a preliminary and final plat
(Cohansey Park Town Homes)to allow the property to be subdivided into lots for 28 town homes in
the area bounded by Larpenteur, Mackubin, Idaho, and Cohansey.
Roger Ryan, Department of Planning and Economic Development, reviewed the staff report.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Motion of Intent - Application Granted Yeas- 7 Nays- 0
8. Resolution- 98-260 -Requesting that the Administration seek to delay temporarily the demolition of
the Existing Arena.
Tom Fabel, Deputy Mayor, appeared and stated that Mayor Coleman asked him to convey to the City
Council that there has been positive movement at the State Legislature on this date on St. Paul's
request for funding for the River Centre Arena, and there is cautious optimism that by the conclusion
of the session, the funding request will be resolved in a manner that money will be available as has
been anticipated. Mr. Fabel assured the Council, on behalf of the Mayor, that there would be no start
April 8, 1998 City Council Summary Minutes Page 9
of demolition at the existing Civic Center until the matters have been resolved. He requested a
layover of action on the resolution in order for everyone to stand together behind the St. Paul
Legislative Delegation in their request for full funding of the arena.
Council President Bostrom suggested the Council recess until Friday, April 10, in order to deal with
this issue when further information is available from the Legislature.
Councilmember Benanav moved to recess the meeting to Friday, April 10, at 11:00 a.m.
Yeas - 7 Nays- 0
The meeting was resumed at 11:00 a.m. Friday, April 10.
Present -6 -Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 -Blakey(arrived after roll call)
(Continued discussion of Resolution 98-260)
Councilmember Benanav moved to withdrew the resolution due to the positive action that was taken
by the Legislature.
Withdrawn Yeas - 6 Nays - 0
Pamela Wheelock, Director, Department of Planning and Economic Development, discussed what
had taken place throughout the Legislative session with regard to the City's request for funding from
the Legislature for the River Centre arena and what was agreed to.
Senator Randy Kelly and Senator Weiger were introduced and made a few remarks about the
Legislative Session and the Arena.
Joe Reid, Budget Director and Mayor Coleman both appeared and extended their thanks and
appreciation to the people who played a role in the success of the arena project.
Councilmember Harris moved to adjourn the meeting.
Roll Call: Yeas- 7 Nays- 0
ADJO AT 1 :20 A.M.
Daniel Bostrom, Council President
ATTEST:
\1\\ Minutes approved by Council
Nancy Andason �,> \ W
Assistant Council Secretary S
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