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Approved Minutes 12-16-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 16, 1998 - 3:30 - 5:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Saint Paul, Minnesota The meeting was called to order at 3:40 p.m. by Council President Bostrom. Present- 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 32) Councilmember Benanav requested Items 6 & 10 be removed for discussion Council President Bostrom requested Item 16 be removed for discussion. Councilmember Harris moved approval of the consent agenda as amended. Yeas - 7 Nays- 0 FOR ACTION 1. Claims of Kelly Jo Brockberg, Jeannette St. Martin (for Jason Campbell), Anthony Eneanya, Kristopher Genskay, Tim Payton& Debbie Roesler, Bounmy Saengdara, and Hans Yaeggy. Referred to the Employee/Risk Management Division 2. Summons and Complaint in the matter of Pawn America Minnesota., L.L.C. vs. the City of Saint Paul. Referred to the City Attorney's Office 3. Alternative Writ of Mandamus and Petition for Alternative Writ of Mandamus in the matter of St. Paul Firearms Company vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Communication from the Minnesota Department of Human Rights in the matter of a charge filed by Ronald Dudrey against the City of Saint Paul. Referred to the City Attorney's Office 5. Communication from the Minnesota Department of Human Rights in the matter of a charge filed by William against the City of Saint Paul. Referred to the City Attorney's Office 6. (Discussed after the consent agenda) December 16, 1998 City Council Summary Minutes Page 2 7. Letter from the Real Estate Division announcing a public hearing before the City Council on December 23, 1998, to consider the vacation of right-of-way for construction of the Minnesota Mutual Building. 8. Letter from the Real Estate Division announcing a public hearing before the City Council on December 23, 1998, to consider the vacation of the DeCourcy Circle for better parking on and near the Merrill Corporation. 9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on December 23, 1998 to consider the report of the Administrative Law Judge concerning the Renewal Application for a Taxicab Driver's License by James Coners, 313 Dale Street. 10. (Discussed after the consent agenda) 11. Administrative Orders: D001622 Transferring funds to the General Fund object code for PC Replacement for 1998 in the Public Works Traffic, Signal & Lighting Fund. D001623 Transferring funds to the General Fund object code for PC Replacement for 1998 in the Public Works Engineering Fund. D001624 Transferring funds to the General Fund object code for PC Replacement for 1998 in the Public Works Administration Fund. D001625 Transferring funds to the General Fund object code for PC Replacement for 1998 in the Public Works Engineering Fund. D001626 Transferring funds to the General Fund object code for PC Replacement for 1998 in the Public Works Sewer Services Fund. D001627 Transferring funds to the General Fund object code for PC Replacement for 1998 in the Public Works Right of Way Fund. D001628 Authorizing payment of$6,000 for the Saint Paul Fire Department 25th anniversary ceremony on December 23, 1998. Noted as on file in the City Clerk's Office 12. Resolution- 98-1095 - Approving the appointments of J. Mignon Bergs, Nigatu Tadesse, Bee Van, Tzy Lee Ya and Sirad Osman, by Mayor Coleman, to the New Americans Advisory Committee. Adopted Yeas - 7 Nays - 0 13. Resolution- 98-1096 - Approving the appointment of Robert Patient and the reappointments of Jill Peterson and Gregory Donovan, by Mayor Coleman, to the Hubert H. Humphrey Job Corps Center Neighborhood Advisory Committee. Adopted Yeas - 7 Nays - 0 14. Resolution- 98-1097 - Approving the reappointments of Lois West Duffy, Sarah Lutman, and Samuel Verdeja, by Mayor Coleman, to the Saint Paul Cultural Capital Investment Program. Adopted Yeas - 7 Nays - 0 December 16, 1998 City Council Summary Minutes Page 4 25. Resolution - 98-1108 - Establishing spending authority to improve the field lighting at the Timothy Jones Canine Training Facility. Adopted Yeas- 7 Nays - 0 26. Resolution- 98-1109 - Releasing$50,000.00 in contingency to cover a projected budget shortfall in motor vehicle fuel for Police Operations. Adopted Yeas - 7 Nays - 0 27. Resolution - 98-1110- Establishing a spending plan for second year funding for the ECON Weed and Seed grant. Adopted Yeas - 7 Nays- 0 28. Resolution- 98-1111 - Authorizing the purchase of properties at 1661 Montana Avenue East and 1715 Hoyt Avenue East as part of Phase I of the Hoyt-Montana Flood Remediation Project. Adopted Yeas- 7 Nays - 0 29. Resolution- 98-1112 - Amending Council File 98-37 to clarify the legal description for a portion of vacated Idaho Avenue. Adopted Yeas - 7 Nays- 0 30. Resolution - 98-1113 - Setting up a program to construct sanitary sewers in the South Highwood area that allows property owners to be assessed for the benefit of the sanitary sewer at the time the property connects to the sanitary sewer. Adopted Yeas - 7 Nays - 0 31. Resolution- 98-1114 - Approving the use of assessment financing in accordance with City policy for the installation of a fire protection(sprinkler) system for 395 East 7th Street. Adopted Yeas- 7 Nays - 0 32. Preliminary Order- 98-1115 - In the matter of constructing Mackubin Street from Larpenteur Avenue to Idaho Avenue, Cohansey Street from Idaho Avenue north to the cul-de-sac, and Idaho Avenue from Mackubin Street to Cohansey Street with bituminous roadway, concrete curb and gutter, concrete driveway aprons, boulevard sodding, tree planting, construction of a lantern style lighting system, water sanitary sewer and storm sewer service connections, watermain, and all other work necessary to complete the Cohansey Park Paving and Lighting Project, and setting date of public hearing for February 3, 1999. (File#18888) Adopted Yeas - 7 Nays- 0 6. Communication from the Minnesota Department of Administration pertaining to the denial of information requested by Chuck Laszewski, reporter for the St. Paul Pioneer Press, on the City's work and financial assistance in the relocation of MediaOne. Councilmember Benanav requested additional information on this incident. December 16, 1998 City Council Summary Minutes Page 3 15. Resolution- 98-1098 - Amending the 1998 budget of the City Attorney's Office to utilize grant funds to continue the Domestic Assault Video Squad and the Criminal Case Tracking System. Adopted Yeas - 7 Nays - 0 16. (Discussed after the consent agenda) 17. Resolution- 98-1100 - Authorizing the proper City officials to accept and expend Federal Americorps and State Youth Works program grants in the amount of$382,086 for continuation of the Future Force program. Adopted Yeas - 7 Nays - 0 18. Resolution- 98-1101-Authorizing acceptance, expenditure, and budget adjustments for a Minnesota Amateur Sports Commission (MASC) grant in the amount of$20,000 to the Division of Parks and Recreation for implementation of the Mariucci Inner City Hockey program which provides instruction, equipment and ice time to youngsters in the Summit-University and Frogtown Neighborhoods of Saint Paul. Adopted Yeas - 7 Nays - 0 19. Resolution - 98-1102 - Naming the private street for Wheelock Parkway as Conservatory Court and allowing the Department of Public Works to issue addresses along Conservatory Court. Adopted Yeas- 7 Nays - 0 20. Resolution- 98-1103 - Authorizing the Director of Public Works to request a variance to Municipal State Aid Rule 8820.9936 to allow two side parking on Victoria Street between Arlington and Montana Avenues on Sundays from 8:00 a.m. to 1:00 p.m. Adopted Yeas - 7 Nays- 0 21. Resolution- 98-1104 - Amending and/or closing the spending and financing plans of various capital project accounts in the Department of Public Works. Adopted Yeas - 7 Nays - 0 22. Resolution- 98-1105 - Amending the spending and financing plan of the Prosperity-Johnson to Rose project by transferring funding from the Phalen Wetland Phase II project and adjusting MSA and County Aid funding. Adopted Yeas - 7 Nays - 0 23. Resolution- 98-1106 - Amending and/or closing the spending and financing plans of the 1995 CSSP Project. Adopted Yeas - 7 Nays - 0 24. Resolution- 98-1107 - Establishing a spending plan for the interest earned on a Local Law Enforcement Block Grant received in 1996. Adopted Yeas - 7 Nays - 0 December 16, 1998 City Council Summary Minutes Page 5 Phil Byrne, Assistant City Attorney, said he or another City Attorney would brief Mr. Benanay. Councilmember Benanav moved to lay over one week Laid over to December 23 Yeas - 7 Nays- 0 10. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on January 6, 1999 to consider 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. Councilmember Benanav stated that he conferred with the City Attorney and it will be necessary to excuse himself from consideration of this matter. Councilmember Harris moved approval to set the public hearing. Adopted Yeas - 6 Nays - 0 Abstention - 1 (Benanav) 16 Resolution- 98-1099 - Approving a Joint Powers Agreement for Lead-Hazardous Paint programs. Adopted Yeas - 7 Nays - 0 (Joint Powers Agreement Amended- Page 4) Peter Hames, Director of Technology and Management Services, appeared and requested a minor change to page 4 of the agreement. Councilmember Harris moved approval as amended. Adopted as amended Yeas - 7 Nays- 0 At this time Council President extended a welcome to the firm of Wold Architects and Engineers who purchased the Jemni Building and recently moved in. Michael Cox of Wold appeared and said a few words about their purchase and restoration of the building. He noted that they have been in the City of Saint Paul for 30 years, and he extended his thanks to the City for this opportunity. (Councilmember Harris was excused from the meeting at this time) FOR DISCUSSION 33. Presentation of Lease and Hockey Playing Agreement Amendments, State Loan, and Financing Plan for RiverCentre Arena Project. An update was presented by Joe Reid, Director of Financial Services, and Pam Wheelock, Director of the Department of Planning and Economic Development. An additional discussion was scheduled for December 23 if needed. December 16, 1998 City Council Summary Minutes Page 6 Councilmember Blakey and Benanav moved to schedule a public hearing for January 6, 1999, to receive input on the Lease and Hockey Playing Agreement Amendments and the Financing for RiverCentre Arena Project. Yeas - 6 Nays - 0 34. Update from Public Health/Property Code Enforcement on the status and progress of the repairs made to property at 921-927 Selby Avenue. (Laid over from November 25) Councilmember Blakey reported that the Ramsey Country Board of Commissioners passed a motion at their December 15, 1998, meeting to give this property to the developer. Councilmember Blakey moved to withdraw the request for an update. Withdrawn Yeas - 6 Nays - 0 35. Resolution- 98-1090 - Ordering the owner to remove or repair the building at 224 Bates Avenue within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the January 19 Legislative Hearing) (Laid over from December 9) Councilmember Lantry provided background information saying a purchase agreement was being negotiated between the current owner and a prospective buyer, and it was her understanding that the negotiations fell through so the property remains in an unoccupied, dilapidated state. Councilmember Lantry moved approval. Councilmember Reiter said he looked at the property and it needs a lot of work, but he does not like to see so many properties being demolished in the City. He asked if it could be laid over to January 19. Councilmember Lantry responded that there has been a problem with the property since November, 1993. The building has been empty since June, 1995, there continues to be a problem with insect infestation, and the owner has not corrected any of the problems. Adopted Yeas - 6 Nays- 0 36. Resolution- 98-566 - Ordering the owner to remove or repair the building at 674 Wells Street within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from December 9) Council President Bostrom said it was his understanding that the owner of this property is making progress and he requested a 60-day layover. Councilmember Coleman stated that the issue the previous week was that the vacant building fee had not been paid and a bond was not posted. The attorney for the owner appeared and said he was not aware of any fees being paid on the property. The challenge is that the owner, Mr. Adams, has continuously and steadfastly maintained that this is not an abandoned building within the language of the ordinance. He has spent all his December 16, 1998 City Council Summary Minutes Page 7 time and money available to work on the property and is attempting to finish the project and have it inspected. Mr. Adams said the building is not currently registered as a vacant building. Councilmember Coleman moved to give the owner an additional 60 days to make repairs provided the vacant building fee is paid and a bond is posted. Council President Bostrom said he has been working with the owner for an extended time in an attempt to complete this project and he's satisfied that progress is being made. Laid over to February 24 Yeas - 6 Nays- 0 37. Resolution- 98-1116 -Approving the 1999 Civic Organizations Partnership Program(COPP) allocation of funds. Gerry Strathman, Council Research Director, stated that the City Council allocated$398,634.00 to the COPP Program for 1998. General Fund money amounted to $158,634.00, and$240,000.00 was CDBG money. Fifty-two applications were received for a total request of$902,965.00. Council Research staff reviewed the applications and presented recommendations which would provide funding at various levels for 28 of the 52 applications. Ken Smith, Policy Analyst, Council Research Office, gave an overview of the COPP process. Gerry Strathman stated that there are a set of guidelines for this program that have been established and approved by the City Council which define the types of programs that are to be funded and various criteria for submitting applications. Also, Council Research uses a set of criteria that they developed to help them make judgments regarding the programs. The criteria have to do with the social value need of the program, project design, goals and objectives, evaluation plan, budget plan, the level to which it represents a partnership program, and whether the program has been able to demonstrate success in the past. Those factors are considered initially in evaluating the program and staff also looks at trying to create some balance in the program in terms of the type of programs that are recommended. They try to achieve some level of geographic balance in the City, however, the level of need varies considerably in different areas of the City. They try to provide balance in terms of targeting special groups in the City, various ethnic communities, and some balance among the various types of programs that are provided. Mr. Strathman said this is a very difficult process as almost all, if not all, of the programs are worthy. Applicants are all proposing to do things that are of value to the City. The process of reviewing the applications and trying to evaluate them in terms of the quality of service they are proposing to provide and trying to create a level of balance in the City for the COPP program is a challenge. Staff has made their best effort to do that. Ken Smith noted that Council directed Council Research to bring in a minimum of 10% new programs. That was accomplished and more; 14% ($53,000) worth of new programs was brought in that was not previously funded. December 16, 1998 City Council Summary Minutes Page 8 Councilmember Reiter moved to lay the resolution over one week saying he would like to bring in a substitute resolution at that time. Councilmember Coleman requested that Ken Smith provide the Council with the written guidelines that have been used in this process. Coleman expressed concern that there are some organizations that have other resources they can turn to whereas there are others that have no other resources and depend on this program. Laid over to December 23 Yeas- 6 Nays - 0 ORDINANCES 38. Third Reading - 98-1056 - An ordinance finalizing City Council action approving the petition of Mark Fuhr to rezone property at 399 Ruth Street from P-1 (Parking) to B-3 (General Business) and RM-2 (Multiple-Family Residential) to allow construction and operation of an Amoco Certicare Auto Repair Station. (Public hearing held October 14, 1998) Laid over to December 23 for final adoption 39. First Reading - 98-1117 - An ordinance amending Saint Paul Legislative Code Chapter 200 to allow pet shops and pet grooming facilities to be deputy dog license vendors. Laid over to December 23 for second reading 40. First Reading- 98-1118 - An ordinance amending Saint Paul Legislative Code Chapter 347 to allow pet shops to act as deputy dog license vendors and establishing an incentive for doing so by permitting the pet shop to retain the initial license fees. Laid over to December 23 for second reading Councilmember Blakey stated if, near the end of the snow season, there is money available in Public Works Contingency for snow plowing, the Council should look at using some of that money for replacing six playgrounds that were earlier discussed. Council President Bostrom said he thought that Public Works may carry over balances from a year when there is not a lot of snowfall to be used the following year in the event there is a lot more snow. Council requested that Public Works staff provide a report on this issue in January. December 16, 1998 City Council Summary Minutes Page 9 ADJOURNED AT 5:30 P.M. Dani 1 ostrom, Council President ATTEST: Minutes approved by Council Nancy ndef n r 3 \\` \ Assistant Council Secretary mce