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Approved Minutes 11-25-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, November 25 , 1998 - 3:30 - 5:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Saint Paul, MN 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 - 18, 27) Nancy Anderson, Assistant Secretary, stated Item 27 should be a part of the consent agenda. Councilmember Coleman requested Item 14 be laid over for a public hearing on December 9. Councilmember Blakey requested on Item 18, 288 Thomas Avenue#2, that the time be extended to December 11 to vacate the residence. Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 7 Nays - 0 MISCELLANEOUS 33. Recognition of retiring City employee, Robert Piram, Division of Parks and Recreation. Robert Piram was recognized by the City Council for 38 years of service to the City. 34. Recognition of retiring City employee, Elaine Wagner, Library Services. Elaine Wagner was recognized by the City Council for 37 years of service to the City. FOR ACTION 1. Approval of minutes of October 14 and October 21, 1998, and Closed Door Session of November 12, 1998. Adopted Yeas - 7 Nays- 0 2. Claims of Todd Arredondo, Richard Gibbons, Daniel Crane, James Cysewski, Vane Imholte, and Joanne Rector. Referred to Employee/Risk Management Division 3. Summons and Complaint in the matter of Ameriquest Mortgage Company vs. the Housing and Redevelopment Authority of the City of Saint Paul, et al. Referred to the City Attorney's Office November 25, 1998 City Council Summary Minutes Page 2 4. Discharge of Notice of Lis Pendens and Final Certificate in the matter of the Port Authority of the City of Saint Paul vs. the City of Saint Paul, et al. regarding condemnation of certain real property located in the City of Saint Paul for the Arlington Jackson Redevelopment District. Referred to the City Attorney's Office 5. Letter from the Citizen Service Office, Division of Property Code Enforcement, declaring 224 Bates Avenue as "nuisance property" and setting date of Legislative Hearing for December 1, 1998 and City Council Hearing for December 9, 1998. 6. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on December 9, 1998, to consider the application of Lake Phalen Townhomes, LLC for approval of the final plat application which will allow the property bounded by vacated McAfee Street to the west; Maryland Avenue to the south, and Clarence Street to the east to be subdivided into residential lots. 7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on Wednesday November 25, 1998, 9:30 a.m., Room 40-A, St. Paul City Hall, to consider the Renewal Application for a Taxicab Driver's License by James Coners, 313 Dale Street North. 8. Letter from the Office of the City Attorney announcing a rescheduled hearing before an Administrative Law Judge on Wednesday, December 9, 1998, 9:30 a.m., Saint Paul Port Authority, 1900 Landmark Tower, 345 St. Peter Street, to consider the Contractors License held by Universal Outdoor, Inc. 9. Letter from the Office of the City Attorney announcing a new location for the hearing concerning the License Application of Saint Paul Firearms Company. The hearing will be held in the Saint Paul Port Authority Boardroom, 1900 Landmark Tower, 345 St. Peter Street, at 9:00 a.m. on Thursday, December 10, 1998. 10. Resolution - 98-1034 - Correcting the legal description of that part of Short Line Street vacated on April 8, 1998 by Council File 98-280. Adopted Yeas - 7 Nays- 0 11. Resolution- 98-1035 - Removing three streets from the list of street assessments for the Margaret/Arcade Area Paving and Lighting Project. Adopted Yeas - 7 Nays - 0 12. Resolution- 98-1036 - Accepting a Dedication of Easement for roadway purposes from Terrance and Suzanne Walfoort as part of the Margaret/Arcade RSVP. Adopted Yeas - 7 Nays - 0 13. Resolution - 98-1037 - Authorizing payment of$11,214.60 to Farmers Insurance Group as indemnitee for Donna Friberg in full settlement of their claim against the City of St. Paul. Adopted Yeas - 7 Nays - 0 November 25, 1998 City Council Summary Minutes Page 3 14. 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 to December 9 for public hearing Yeas - 7 Nays - 0 15. Resolution - 98-1039 - Authorizing Police Chief Finney to accept an Overtime Grant in the amount of$125,000 from the Minnesota Department of Public Safety for Community Policing initiatives. Adopted Yeas- 7 Nays - 0 16. Resolution- 98-1040 - Amending the spending and financing plan of the 1998 Sidewalk Reconstruction project by adding FEMA financing for storm repairs. Adopted Yeas - 7 Nays - 0 17. Resolution- 98-1041 - Releasing spending authority from City Council Contingency, making a technical correction in the Winter Street Maintenance Contribution activity of the General Fund, and increasing the spending authority of the Winter Street Maintenance activity for extraordinary heavy snow removal expected to be completed in 1998. Adopted Yeas - 7 Nays- 0 18. Resolution- 98-1042 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1285 Hamline Avenue North, 311 Walnut Street, 1201 Selby Avenue, 640 Watson Avenue, and 288 Thomas Avenue #2. Adopted as amended Yeas - 7 Nays - 0 27. Resolution- 98-1045 - Authorizing the purchase of property located at 1661 Hoyt Avenue East as part of Phase I of the Hoyt-Montana Flood Remediation Project. Adopted Yeas - 7 Nays- 0 (This item was considered as part of the consent agenda) Suspension Items Councilmember Benanav moved for suspension of the rules and approval of the following resolution: Resolution- 98-1048 - Recognizing the Garden of Good Hearts and the Riverview Garden Club for its efforts to involve the larger community in maintaining a beautiful and sustainable place on Saint Paul's West Side. Councilmember Benanav recognized Ella Thayer, Secretary in the Ward 4 City Council Office, for her extensive participation in the Garden Club . Adopted Yeas - 7 Nays - 0 Councilmember Blakey moved for suspension of the rules and approval of the following resolution: November 25, 1998 City Council Summary Minutes Page 4 Resolution - 98-1049 - Appointing special counsel to represent the City of Saint Paul in the matter of the proceedings involving an EEOC complaint filed against the Office of the City Attorney by one of its employees. Phil Byrne, City Attorney, appeared and stated this resolution will allow for appointment of outside counsel to represent the City in an EEOC complaint by an employee of the City Attorney's Office as the City is unable to represent itself. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 19. Report on the findings of the Legislative Advisory Committee on Solid Waste Removal. (Requested by the Council on June 10, 1998, C.F. 98-502; laid over from October 7) Councilmember Blakey moved to lay over to January 13, 1999, stating that this issue is still being worked on. Laid over to January 13, 1999 Yeas - 7 Nays - 0 (Items 20, 21, and 22 were discussed in tandem) 20. Resolution - 98-1043 - Establishing a City policy to identify and implement City government solutions to the Year 2000 (Y2K) computer problem. Councilmember Blakey moved to layover to December 2. Yeas - 7 Nays - 0 21. Resolution - 98-1044 - Establishing a City policy to identify and implement community solutions to the Year 2000 (Y2K) computer problem. Councilmember Blakey moved to layover to December 2. Yeas - 7 Nays - 0 22. Update from the Director of Technology and Management Services on the City's efforts to prevent and solve potential problems associated with"The Year 2000 Computer Bug." (Requested by the Council on October 7) Peter Hames, Department of Technology and Management Services, presented an update. Mr. Hames stated the Mayor will be holding a press conference on Wednesday, December 2, 1998, regarding this topic. The conversion of the payroll system is the major Y2K problem identified in the City. Mr. Hames showed the Council a chart indicating progress made on various tasks and the deadlines for them. The City is on track for completion of the project, it is within budget, and the new payroll system should be operating by the end of 1999. The complex conversions have been completed but there is a six month period for testing the converted system. (Benanav left and returned) November 25, 1998 City Council Summary Minutes Page 5 Councilmember Harris stated he was more concerned about the operation of the major units in the City—Police Emergency Communications, Fire Department, Water Utility, etc. Councilmember Blakey and Harris asked about test runs. Mr. Hames responded there will be a number of simulations and tests. The Fire Department is planning a major test in April. The software that runs the computerized dispatch system in the Communication Center is scheduled for upgrade in June and it will be a Y2K compliant upgrade. Mr. Harris requested that the Council be kept up-to-date on the test runs. Jerry Hendrickson, Assistant City Attorney, appeared and talked about indemnification. Councilmember Blakey stated that the League of Minnesota Cities suggested that cities have indemnification to protect themselves in case something does happen and to show reasonable attempts have been made to rectify any problems. Mr. Hendrickson responded that the City Attorney's Office has set up a committee to deal with legal concerns - the kinds of liabilities dealing with contract questions, sewer backups, etc. City departments have been given legal advice on ways to minimize liabilities and risks the City could be exposed to and there may be some legislation proposed next term. Peter Hames stated he will return to the Council on a quarterly basis with written reports in between. An additional update will be presented by Peter Hames on March 3, 1999. 23. Update from Public Health/Property Code Enforcement on the status and progress of the repairs made to property located at 921-927 Selby Avenue. (Laid over from October 14) Councilmember Blakey moved to layover to December 16 stating that this is a commercial property that he is trying to get back on the tax rolls. Laid over to December 16 Yeas - 7 Nays - 0 24. Report from the Department of Planning and Economic Development on their recommendation for replacing the 130 housing units in the Seventh Place Residence that will be removed in preparation for the new office tower. (Requested by Council on October 21, 1998; C.F. 98-974) This issue was discussed at the Housing and Redevelopment Authority meeting on November 25. 25. Report from the Administration on the status of proposals and ideas under consideration for Compete Saint Paul. (Requested by Council on November 18, 1998; C.F. 98-1032) Joe Reid, Director, Office of Financial Services, presented a report. He stated that this report was spurred by discussions that arose out of the Division of Parks and Recreation regarding changes for Highland Golf Course and was not initiated as part of any Compete Saint Paul effort. However, it did result in Mr. Reid making inquiries within the Parks Division regarding the other two golf courses. Improvements to Phalen Golf Course were made in 1977 and 1978. Most of the cost was paid by the Metropolitan Waste Control Commission because there is a November 25, 1998 City Council Summary Minutes Page 6 large sewer under the golf course and it was payment for the City allowing the Commission to put the sewer there. There were regional and Capital Improvement Budget(CIB) funds that were used as well. Como Golf Course was upgraded in 1985-1986. The Como ponds are part of the storm water treatment in that area of the City, and there was an Environmental Protection Agency(EPA) grant that paid for a large part of the upgrade as well as some regional park funds. Councilmember Benanav noted that the report identifies two projects for 1999: animal control and parking enforcement. Joe Reid responded that no decision has been made to accept that recommendation. Mr. Benanav stated that City of Saint Paul employees should be given the opportunity to bid. Before that, they should be trained in the ways of the private sector. Mr. Reid responded that he met with bargaining unit representatives and once an area is identified as a possibility for this type of effort, training may be provided for people working in the activity. Councilmember Lantry stated that when areas are identified, the Council should be notified as she felt it will be set up to fail unless there is employee input. Councilmember Harris stated the leadership role cannot be someone clearly identified as labor nor clearly identified as a non-labor person. If this is done well, the person and the philosophy has to be one of creating opportunity, creating value, and having a fair and open process. Councilmember Benanav stated it would be a mistake to appoint someone from the Administration unless this person is agreeable to all sides. Employees and management should be involved as there could be an affect on management all the way down to employees. Council President Bostrom stated a good model is the merger of the Ramsey County and City Health Departments because there was cooperation between the two departments. Councilmember Blakey stated that a positive step is that a few unions said they are willing to look at this. The important thing is to make sure the service provided is top notch and at the most value. (The meeting was recessed from 4:40 p.m. to 5:35 p.m.) Roll Call: Present- 7 Absent - 0 PUBLIC HEARINGS 26. Final Adoption - 98-374 - An ordinance amending the Saint Paul Charter to provide for voting requirements in case of abstentions for conflict of interest. (Laid over from October 7) Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 27. (See Consent Agenda) November 25, 1998 City Council Summary Minutes Page 7 28. Final Order- 98-1046 - In the matter of acquiring easements in connection with the lighting improvement of Hamline Avenue between Marshall and Concordia Avenues. (File#18889E) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 29. Resolution - 98-992 - Ordering the owner to remove or repair the building at 667 Charles Avenue within fifteen(15) days from adoption of resolution. (Order withdrawn; Legislative Hearing Officer recommends withdrawal of resolution) Gerry Strathman, Legislative Hearing Officer, stated the property has been brought up to Code. Councilmember Blakey moved to withdraw the resolution. Withdrawn Yeas - 7 Nays - 0 30. Resolution - 98-1047 - Ordering the owner to remove or repair the building at 907 Margaret Street(rear house) within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, stated this is a storm damaged property and the property owners have asked the City to remove the structure. Councilmember Lantry stated the owner, neighbors, and the City wanted this property demolished. She asked if there was a way to speed up the process since everyone is in agreement. Gerry Strathman responded that because this involves taking property, there may be legal issues involved. Phil Byrne, Assistant City Attorney, stated he would review the abatement procedures and provide the Council with an update at a future time. No one appeared in opposition; Councilmember Lantry moved to close the public hearings and approval. Adopted Yeas - 7 Nays - 0 31. Appeal of Susan Kopecky to a summary abatement order for property located at 681 Virginia Street. Gerry Strathman, Legislative Hearing Officer, stated the repairs have been made and there is nothing more to deal with. Order withdrawn; no action necessary November 25, 1998 City Council Summary Minutes Page 8 28. Final Order- 98-1046 - In the matter of acquiring easements in connection with the lighting improvement of Hamline Avenue between Marshall and Concordia Avenues. (File #18889E) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 29. Resolution - 98-992 - Ordering the owner to remove or repair the building at 667 Charles Avenue within fifteen(15) days from adoption of resolution. (Order withdrawn; Legislative Hearing Officer recommends withdrawal of resolution) Gerry Strathman, Legislative Hearing Officer, stated the property has been brought up to Code. Councilmember Blakey moved to withdraw the resolution. Withdrawn Yeas - 7 Nays- 0 30. Resolution- 98-1047 - Ordering the owner to remove or repair the building at 907 Margaret Street(rear house) within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, stated this is a storm damaged property and the property owners have asked the City to remove the structure. Councilmember Lantry stated the owner, neighbors, and the City wanted this property demolished. She asked if there was a way to speed up the process since everyone is in agreement. Gerry Strathman responded that because this involves taking property, there may be legal issues involved. Phil Byrne, Assistant City Attorney, stated he would review the abatement procedures and provide the Council with an update at a future time. No one appeared in opposition; Councilmember Lantry moved to close the public hearings and approval. Adopted Yeas - 7 Nays - 0 31. Appeal of Susan Kopecky to a summary abatement order for property located at 681 Virginia Street. Gerry Strathman, Legislative Hearing Officer, stated the repairs have been made and there is nothing more to deal with. Order withdrawn; no action necessary November 25, 1998 City Council Summary Minutes Page 9 32. Appeal of Mohammed Shabidullah to a summary abatement order for property located at 328 Lexington Parkway North. (Legislative Hearing Officer recommends denying the appeal) Gerry Strathman, Legislative Hearing Officer, stated this was an order to remove tall weeds and grass. The owner appeared at the Legislative Hearing and acknowledged the problem. Councilmember Blakey moved to deny the appeal. Appeal denied Yeas - 7 Nays- 0 Councilmember Blakey moved to adjourn the meeting Yeas - 7 Nays - 0 ADJ D AT 5:40 P.M. Daniel ostrom, Council President ATTEST: Minutes approved by Council Nancy rson f n, V3 \qct9 Assistant ouncil Secretary rn/mce