Approved Minutes 2-4-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
• Wednesday, February 4, 1998
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:35 by Council President Bostrom.
Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey (arrived shortly after roll call)
CONSENT AGENDA (Items 1-22)
FOR ACTION
Councilmember Blakey requested Item 8 be removed for discussion.
Nancy Anderson noted that Item 10 should be considered under public hearings.
Council President Bostrom requested Items 11 & 12 be removed for discussion.
Counciimember Benanav requested Item 17 be removed for discussion.
• Councilmember Lantry requested Item 19 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended. Yeas - 7 Nays - 0
1. Approval of minutes of October 22 and 29, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Rachael Brown, Laura D'Andrea, Michele Davis, A. Faye Day, Gerard Anthony
Forys, Kristin Hageman, James Hennessy, Patrice Henning, Lisa Loss, Lawrence MConigal,
Bridget Mossong, Amy Olson, Susan Pennington, James Shelton, Dorothy Shepherd, and Justin
Strom.
Referred to Employee/Risk Management Division
3. Summons and Complaint in the matter of Kathryn Woods, on behalf of her minor son Kristopher
Woods, vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Corey Dunkel vs. the City of Saint Paul. et al.
Referred to the City Attorney's Office
5. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring
• 774 Ashland Avenue. 882 Greenbrier Street. and 815 University Avenue West as "nuisance
properties" and setting date of Legislative Hearings for February 17, 1998, and City Council
Hearings for February 25, 1998.
February 4, 1998 City Council Summary Minutes Page 2
6. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring
1291 Rice Street, 860 Robert Street South, (917)-921 Selby Avenue, and 38 Sycamore Street East
as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
7. Letter from the Office of License, Inspections and Environmental Protection rescheduling the
public hearing from January 28, 1998 to February 25, 1998, to consider the appeal of Tricia
Leonard and Greg and Carol Clark to a decision of the Heritage Preservation Commission
granting approval of a building permit to construct a structure with one dwelling unit and four
garage stalls (proposed by Ronald Severson) at 420 Portland Avenue (south side between Summit
and Arundel).
8. (Discussed after the consent agenda)
9. Resolution - 98-75 - Amending Council File 98-23, adopted January 7, 1998, pertaining to the
schedule of the regular meetings of the City Council of the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
10. Resolution - 98-76 - Approving public acquisition of 915-917 Ashland Avenue, Summit
University District 8.
Discussed as a public hearing - See page 6
• 11. (Discussed after the consent agenda)
12. (Discussed after the consent agenda)
13. Resolution - 98-79 - Establishing a spending and financing plan for continuation of the
Empowerment of New American Business Leaders (ENABLE) grant in 1998.
Adopted Yeas - 7 Nays - 0
14. Resolution - 98-80 - Accepting donated funds up to $15,000.00 to be used for the annual Winter
Carnival Reception for Mayors from around the State of Minnesota on February 7, 1998.
Adopted Yeas - 7 Nays - 0
15. Resolution - 98-81 - Executing a Joint Powers Purchasing Agreement with the City of
Minnetonka.
Adopted Yeas - 7 Nays - 0
16. Resolution - 98-82 - Authorizing the Department of Public Works to apply for a grant and loan
from the Metropolitan Council to reduce inflow and infiltration of clean water into Saint Paul's
sanitary sewer system.
Adopted Yeas - 7 Nays - 0
• 17. (Discussed after the consent agenda)
February 4, 1998 City Council Summary Minutes Page 3
• 18. Resolution - 98-84 - Authorizing the Office of License, Inspections and Environmental Protection
to submit a final grant request to the Board of Government Innovation and Cooperation in
conjunction with the Metropolitan Airport Commission, the Metropolitan Council and the cities of
Minneapolis and Saint Louis Park to study the effectiveness of taxicab enforcement.
Adopted Yeas - 7 Nays - 0
19. (Discussed after the consent agenda)
20. Resolution - 98-86 - Authorizing the City to enter into a sub-grant agreement with the Division of
Emergency Management in the Minnesota Department of Public Safety for the program entitled
Hazard Mitigation Grant Program for Presidential disaster declaration FEMA 1187-DR-MN.
Adopted Yeas - 7 Nays - 0
21. Preliminary Order - 98-87 - In the matter of condemnation and taking of perpetual easements for
water utility purposes in connection with the Jackson/Maryland "Low Service #2" relocation
project near Jackson Street and Maryland Avenue, and setting date of public hearing for March 4,
1998. (File #18864E)
Adopted Yeas - 7 Nays - 0
22. Preliminary Order - 98-88 - In the matter of reconstructing the intersection of West 7th Street,
Munster Avenue and Wheeler Street by constructing a cul-de-sac on Wheeler Street south of West
7th Street and closing access to Wheeler Street on the north side of West 7th Street by constructing
• concrete curb and gutter, concrete walk, bituminous pavement, storm water drainage, sod and all
other work necessary to complete the project, and setting date of public hearing for April 1, 1998.
(File #18869)
Adopted Yeas - 7 Nays - 0
8. Administrative Orders:
D001429 Addition of$17,286.00 to the contract for Saint Paul Civic Center Expansion,
Council President-4 Building Construction.
D001430 Addition of$15,721.72 to the contract for Saint Paul Civic Center Expansion,
Council President-1 Demolition, Excavation and Bridge Construction.
D001431 Addition of$9,942.00 to the contract for Saint Paul Civic Center Expansion, Council
President-4 Building Construction.
D001432 Addition of$12,592.00 to the contract for Saint Paul Civic Center Expansion.
Council President-4 Building Construction.
D001433 Addition of$134,556.06 to the contract for Princeton Shaft.
D001434 Authorizing payment not to exceed $7,000.00 for a Division of Parks and Recreation
conference on March 5, 1998 at Earle Brown Center, University of Minnesota.
Councilmember Blakey questioned why all these changes are coming through for the Civic Center
and if they are additions to what has already been allocated to the Civic Center Expansion.
•
February 4, 1998 City Council Summary Minutes Page 4
• Chris Hansen, Civic Center Director, appeared and responded that these are not additions to the
cost. At the start of a large project such as this, there is about a 5% contingency set aside for
changes that may occur in the work due to unknown conditions. Or, in some cases parts of the-
project have not yet been bid. A decision has now been made how the expansion will be built and
this is the administrative way to list out the contractor's proposal and where the money is going.
It has not increased the cost of the project.
Councilmember Blakey moved approval Yeas - 7 Nays - 0
(Noted as on file in the City Clerk's Office)
11. Resolution - 98-77 - Authorizing the Police Department to accept three grants related to the
Criminal Gang Strike Force.
Councilmember Coleman moved to introduce a substitute resolution and approval.
Substitute adopted Yeas - 7 Nays - 0
12. Resolution - 98-78 - Accepting a grant award for the Weed and Seed Program in the ECON Small
Area Plan neighborhood of the East Side of Saint Paul in the amount of$280,000 for the period of
July 1, 1997 to June 30, 1999.
Councilmember Harris moved to introduce a substitute resolution and approval.
Substitute adopted Yeas - 7 Nays - 0
• 17. Resolution - 98-83 - Creating a Legislative Advisory Committee on Advertising Signs.
Councilmember Benanav stated that the Planning Commission has requested that they have one of
their members on the task force that will study the billboard issue.
Councilmember Coleman noted that the opportunity to look at the elimination of billboards in the
City is not included in the resolution. He questioned if that is something the Council would want
the committee to review. He felt if the committee did not have it as an option to look at,-there
may be contention on the committee.
Councilmember Benanav responded that he did not feel the committee would be prohibited from
looking at that issue.
Phil Byrne, Assistant City Attorney, said the mission of the committee is to undertake a study of
issues surrounding the effectiveness of Chapter 66. He feels the charge is fairly broad and would
encompass the study of prohibition of advertising signs.
Councilmember Benanav moved to introduce the substitute and approval.
Substitute adopted Yeas - 7 Nays - 0
•
February 4, 1998 City Council Summary Minutes Page 5
• 19. Resolution - 98-85 - Authorizing the purchase of one (1) parcel of vacant land for the Highwood
Bluff Acquisition Project.
Councilmember Lantry made a correction to the resolution where the purchase price was listed
incorrectly.
Councilmember Lantry moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
FOR DISCUSSION
23. Update by the Department of Planning and Economic Development of a design plan for the Arena
Project. (Requested by City Council on December 22, 1997)
Council President Bostrom noted that a request was received from PED to lay this item over three
weeks. •
Councilmember Reiter moved to lay over three weeks.
Laid over to February 25 Yeas - 7 Nays - 0
24. Administrative Orders: (Laid over from January 28)
D001416 Addition of$1,821.00 to the contract for Rice and Arlington Sports Dome.
• D001417 Addition of$42,000.00 to the contract for Rice and Arlington Sports Dome.
D001418 Addition of$31,036.00 to the contract for Rice and Arlington Sports Dome.
Bob Piram, Division of Parks and Recreation, appeared. He explained that the Dome project was
completed in a short period of time. Bonds were sold in August, 1996 and the goal was to be in
the Dome by January, 1997. Because of the short time frame, it was decided to use a design-build
concept which means design takes place while the project is being constructed. As a result, it was
anticipated that there would be change orders and administrative orders. The project is
substantially complete and the project budget at the beginning was approximately $4,150,000.
With the exception of a few minor punch list items, there is $52,731 remaining in the budget.
They are within budget and these changes were anticipated at the time the project was started.
Councilmember Harris moved approval. Yeas - 7 Nays- 0
Noted as on file in the City Clerk's Office
D001421 Addition of$21,014.00 to the contract for Saint Paul Civic Center Expansion,
Council President-4 Building Construction.
D001422 Addition of$187,332.00 to the contract for Saint Paul Civic Center Expansion,
Council President-4 Building Construction.
D001423 Addition of$8.219.00 to the contract for Saint Paul Civic Center Expansion, Council
President-4 Building Construction.
D001424 Addition of$13.521.08 to the contract for Saint Paul Civic Center Expansion.
Council President-1 Science Museum Turnaround.
February 4, 1998 City Council Summary Minutes Page 6
D001425 Addition of$16,513.00 to the contract for Saint Paul Civic Center Expansion,
Council President-4 Building Construction.
Chris Hansen, Civic Center Director appeared and stated that the same explanation he provided
for Item #8 above applies to these administrative orders.
Councilmember Blakey asked about the targeted vendor program. Mr. Hansen said they have met
or exceeded all of the goals set at the beginning of the project in all of the areas where targeted
vendors were available.
Councilmember Blakey noted that there are a number of categories that were not represented by
targeted vendors. He said it was his understanding when the new vendor outreach program was
established that areas would be looked at that were not represented and a recruitment process
would be undertaken.
Susan Jones, Project Manager, CPMI, appeared. She said this project bolstered a bid at the end
of 1995 and construction started about two years ago. Before that process, they met with the Joint
Purchasing Department and looked at all the trades and targeted vendors available in the City.
For each portion of work, the targeted vendor percentage was made depending on what was
available. They worked hard to get interest built up in the project and have continued working
with the targeted vendors during the project. About $1 million is left to bid for telephone data
system, furniture, fixtures and equipment, and they are still seeking targeted vendors for these
items.
Councilmember Blakey moved approval. Yeas - 7 Nays - 0
(Noted as on file in the City Clerk's Office)
25. Presentation by the Administration on the process for evaluating the performance of the Chief of
Police.
Tom Fabel, Deputy Mayor, appeared. He stated that Chief Finney's term expires on July 17,
1998. It is a six year term and in the coming months a decision will be made on reappointment or
replacement of the Chief. The Mayor's Office is currently putting into place a process for an
extensive review by the City Council. A target date of April 1st is set for the Mayor to make a
recommendation to the Council. Reappointment normally takes place within 90 days of the
expiration of the term which would be the middle of April. The process is still in the state of
formal design by the Department of Human Resources. The intention is to have input from the
Council and Mr. Fabel invited each of the Councilmembers to submit any questions or issues to
him for review. Mr. Fabel said a formal review of the performance of Chief Finney will be
conducted against several identified factors. One will be his performance against the budgetary
expectations of his department; the second will be a measurement of his performance against
expectations he has received from Mayor Coleman: and the third will be his performance against
1111 Council expectations. Input will also be sought from the unions that are within the Chief s
department. They are also looking for a way to obtain broader community input into the general
views of the Chiefs performance.
February 4, 1998 City Council Summary Minutes Page 7
• Mr. Fabel also talked about recent allegations that have been made against the Chief.
ORDINANCES
26. Final Adoption - 97-1568 - An interim ordinance preserving the status quo with respect to
advertising signs in the City of Saint Paul pending the completion of studies of possible
amendments to the City 's comprehensive plan and zoning regulations relating to advertising signs.
(Amended and laid over from January 28)
Councilmember Benanav presented a substitute ordinance and explained the changes.
Councilmember Benanav moved to introduce the substitute ordinance and lay over one week.
Substitute laid over to February 11 for final adoption
Yeas - 7 Nays - 0
27. Final Adoption - 98-43 An ordinance granting a replacement franchise for cable service to CC
St. Paul, LLC.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
28. First Reading - 98-89 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
• correct obsolete language.
Laid over to February 11 for second reading
29. First Reading - 98-90 - An ordinance amending the definition section of Chapter 369 of the Saint
Paul Legislative Code.
Laid over to February 11 for second reading
30. First Reading - 98-91 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code
correcting obsolete references and reducing the journeyman examination fees for trades other than
plumbers.
Laid over to February 11 for second reading
31. First Reading - 98-92 - Amending Chapter 409 of the Saint Paul Legislative Code to clarify the
distance restrictions between off-sale liquor establishments.
Laid over to February 11 for second reading
•
February 4, 1998 City Council Summary Minutes Page 8
• Suspension Item
Councilmember Blakey moved to introduce the following resolution and approval.
Resolution - 98-95 - Amending Council File 97-575 by granting an extension of time to
rehabilitate or demolish the building at 796 Laurel Avenue by February 18, 1998.
Adopted Yeas - 7 Nays - 0
The meeting was recessed from 4:40 - 5:30 p.m.
Present - 7 Absent - 0
PUBLIC HEARINGS
10. Resolution - 98-76 - Approving public acquisition of 915-917 Ashland Avenue, Summit
University District 8.
Councilmember Blakey explained that one to two years ago this property was given to someone to
fix up, the work was not completed and it has been abandoned for some time. He would like the
City to take the property back, have an analysis done to determine if the property is worth keeping
• and, if so, put out a request for proposal (RFP).
In response to a question of Council President Bostrom, Cindy Carlson Heinz, Department of
Planning and Economic Development (PED), reported that the fee owner on the property is John
and June Robinson who live in Illinois. There are also a couple of contract for deed holders and,
therefore, she was uncertain as to the actual owner responsible for handling the property.
Ms. Carlson indicated that an appraisal was done on the property two years ago and the appraised
value was approximately $45,000. PED staff has not been in the house to see if any
improvements were made or if it has deteriorated further. She did not feel two years would
change the value significantly.
Phil Byrne, Assistant City Attorney, stated that he felt this is a matter where the property would
be acquired by the Housing and Redevelopment Authority (HRA). He questioned why the City
Council would have to approve the HRA's acquisition of the property. When a property is taken
by condemnation or eminent domain, there is no need to be concerned about problems that may be
associated with previous owners. All the people that are known to have an interest in the property
are named in the condemnation proceeding and they are served notice. It is then their
responsibility to come into court and ask for their share of the value of the property. The
Council's responsibility would be to pay the fair market value. There would also be relocation
assistance obligations if someone is living there.
Councilmember Harris noted that there are unpaid taxes and liens on the property. Mr. Byrne
responded that the City would only pay the fair market value.
February 4, 1998 City Council Summary Minutes Page 9
• Councilmember Coleman expressed concern about acquiring the building at $45,000 and possibly
finding out it has to be demolished. He felt the City should have the authority to go in and assess
the building to make a determination.
Councilmember Lantry asked if the owner has been contacted. Curt Miller, PED, responded that
attempts have been made to contact the owner to no avail. The building has been placarded as a
vacant building and the Health Department has rated it as a 3 which means it's questionable
whether it can be rehabed. PED has been told they can not enter the property because it is private
property. Mr. Miller said he doubted if the value would be $45,000. It was his understanding
that the City would have to get control of the property in order to legally enter it.
Gerry Strathman, Legislative Hearing Officer, indicated that he thought the City, under its general
police powers and the right to protect public safety if the building was a danger, could enter the
property for purposes of inspecting and determining its state of safety.
Phil Byrne responded that he would look into the question of entering the building and report back
to the Council Mr. Strathman said he would also work with Public Health and the City
Attorney's Office on this matter.
Councilmember Blakey moved to lay over one week.
Laid over to February 11 Yeas - 7 Nays - 0
• 32. Resolution - 97-1554 - Approving application for an Auto Body Repair Garage License by
Centerline Frame Inc. (David Bergum), 100 Cottage Avenue West. (ID #54805) (Laid over from
December 22, 1997)
Councilmember Reiter moved to introduce a substitute resolution and approval.
No one appeared in opposition.
Substitute adopted Yeas - 7 Nays - 0
33. Resolution - 97-1555 - Approving application for an Auto Body Repair Garage License by Dale
Import's Inc. (Thomas A. Gavic), 100 Cottage Avenue West. (ID #33885) (Laid over from
December 22, 1997)
No one appeared in opposition, Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
34. Resolution - 98-15 - Approving application for On-Sale Malt (3.2) and Restaurant (A) Licenses by
Inside Sports, Inc. (Gerald Freeman). 1500 Rice Street. (ID #15406) (Laid over from January
7)
No one appeared in opposition.
Councilmember Lantry expressed concern about allowing a liquor license at a City-operated
facility which caters to children. She moved to lay over one week and requested a report from the
Office of License. Inspections and Environmental Protection (LIEP).
Laid over to February 11 Yeas - 7 Nays - 0
February 4, 1998 City Council Summary Minutes Page 10
• 35. Resolution - 98-33 - Approving application for Off-Sale Malt, Cigarette & Grocery (C) Licenses
by Ahmad Alkousa, dba Kings Market, 920 Selby Avenue. (ID #36792) (Laid over from
January 14)
No one appeared in opposition.
Councilmember Blakey requested that the owner put trash containers outside the building and that
the portable signs on the boulevard be removed. Also, there is a problem with loitering at this
establishment. He moved to lay over one week in order to incorporate these conditions into the
license. He further requested that a written plan be provided as to how the loitering will be dealt
with.
Gary Pechman, Office of LIEP, appeared and said he will work with the business owner on
Councilmember Blakey's concerns.
Laid over to February 11 Yeas - 7 Nays - 0
36. Resolution - 98-93 - Approving application for Restaurant (B), Liquor On Sale-Sunday, Liquor on
Sale (B), Food Vehicle, and Catering (C) Licenses by Sakura Japanese Restaurant, 350 St. Peter
Street, Suite 195.
No one appeared in opposition; Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
37. Resolution - 98-94 - Approving application for a Second Hand Dealer - Motor Vehicle (1st)
License by Capitol Car Company, 321 Como Avenue. (ID #19970000202)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
38. Public hearing to consider the application of Ju H. Lee to rezone property from RM-2 (residential
multiple-family) to OS-1 (office-service) to allow construction of a new single story professional
office building at 1567 West 7th Street.
No one appeared in opposition; Councilmember Coleman moved to approve the application.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
•
February 4, 1998 City Council Summary Minutes Page 11
.
Councilmember Blakey moved to adjourn the meeting. Yeas - 7 Nays - 0
A JO RNED AT 5:58 P.M.
)64/41111/
aniel Bostrom, Council President
ATTEST:
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Assistant Council Secretary
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•