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Approved Minutes 10-15-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 15, 1997 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:40 p.m. by Council President Thune. Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune Absent - 0 The following communications were read into the record by Gerry Strathman, Secretary to the City Council: Letters from the Office of the City Attorney announcing a public hearing before the City Council on October 22, 1997, concerning license application for Taxicab Driver's License by Edwin Kester, Jr., 609 Wells Street; concerning licenses held by Pat McGovern's, Inc., dba Pat McGovern's, 225 7th Street West; and concerning Auto Repair Garage License held by Lewis Stevens, dba Civic Center Auto Repair, 459 Toronto Street. PUBLIC HEARING 35. Resolution - 97-1129 - Ordering the owner to remove or repair property at 1451 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from September 10) Councilmember Megard moved to lay over one week. Laid over to October 22 Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION Councilmember Megard moved approval of the consent agenda. Yeas - 7 Nays - 0 1. Approval of minutes of August 13 and August 20, 1997. Adopted Yeas - 7 Nays - 0 2. Claims of Bruce Goedert, Keith Hondlik, Jim Hoy, Eugene Johnson, Janet Johnson, Harry Reiner, and See Vang. Referred to Employee/Risk Management Division October 15, 1997 City Council Summary Minutes Page 2 3. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 22, 1997 to consider the application of The Highlands Townhomes, LLP for a preliminary and final plat to allow property at Cleveland Avenue South (eastside between Villard and Magoffm) currently under construction to be subdivided and sold as separate townhome units. 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 22, 1997 to consider the application of Derril Hundley for a preliminary and final plat to allow the property at 1624 Old Hudson Road (southside west of Kennard Street) to be subdivided into three lots. 5. Letters from Saint Paul Public Health declaring 951 Margaret Street, 1840 Minnehaha Avenue East, 694 Sims Avenue, and 1421 York Avenue as "nuisance properties", and setting date of Legislative Hearings for October 21, 1997 and City Council Hearings for November 5, 1997. 6. Letter from Ramsey County Property Records and Revenue Valuation Division requesting the reclassification of property to exempt status at 202 7th Street West. (AF97-6326) 7. Communication from Saint Paul Animal Control dated October 6, 1997 announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 8. Administrative Orders: D001334 Amending the 1997 budget in the Department of Public Health by transferring spending authority to various object codes in Public Health Special Project Activity. D001335 Amending the 1997 budget in the Department of Public Health by transferring spending authority to various object codes in Public Health's CISS Grant. D001336 Authorizing the Saint Paul Police Department to pay up to $500.00 per year for food for youth involved in the D.A.R.E. program. D001337 Addition of$4,200.00 to the contract for Phalen Creek Regional Trail Access. D001338 Authorizing the Department of Planning and Economic Development to contribute $500.00 toward the Economic Summit to be held October 15, 1997. D001339 Addition of$9,950.00 to the contract to disconnect Minnesota Museum of Arts (Jemne) Building storm line from sanitary sewer and reconnect to existing public storm sewer. D001340 Amending the 1997 Capital Improvement Budget in the Department of Public Works for West 7th & Walnut traffic signal by transferring $40,000 from CIB Contingency. D001341 Amending the 1997 budget in the Office of License, Inspections and Environmental Protection by transferring funds for PC replacement. D001342 Addition of$9,126.67 to the contract for Como Park Restroom Restoration. D001343 Authorizing payment, not to exceed $1,300.00, to Jill Danner, Parks and Recreation Commission Chairperson, for expenses incurred which attending the 1997 National Recreation and Parks Association Congress in Salt Lake City, Utah. October 15, 1997 City Council Summary Minutes Page 3 D001344 Amending the 1994 budget in the Department of Technology and Management Services/Purchasing Division by moving money from consulting services to correct expenditure code for interns. Noted as on file in the City Clerk's Office 9. Resolution - 97-1226 - Approving the appointment of Lori Komstadius, by Mayor Coleman, to the Saint Paul Workforce Development Council. (Laid over from October 8 for adoption) Adopted Yeas - 7 Nays - 0 10 . Resolution - 97-1227 - Approving the appointments of Mark Huges and Jim Counts, Jr., by Mayor Coleman, to the Mayor's Advisory Committee for People with Disabilities. (Laid over from October 8 for adoption) Adopted Yeas - 7 Nays - 0 11. Resolution - 97-1228 - Approving the 1997-1998 Collective Bargaining Agreement between the City of Saint Paul and the City of Saint Paul Professional Employees Association, Inc. (Laid over from October 8 for adoption) Adopted Yeas - 7 Nays - 0 12. Resolution - 97-1229 - Approving the May 1, 1997 through April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and United Association Pipefitters Local Union No. 455. (Laid over from October 8 for adoption) Adopted Yeas - 7 Nays - 0 13. Resolution - 97-1262 - Approving the reappointments of Donald Luna and Sergeant Richard Tibesar (representing the Saint Paul Police Federation), by Mayor Coleman, to the Police-Civilian Internal Affairs Review Commission. Adopted Yeas - 7 Nays - 0 14. Resolution - 97-1263 - Approving the reappointment of Duane Stolpe, by Mayor Coleman, to the PHA-City (HRA) Pension Plan Administrative Committee. Adopted Yeas - 7 Nays - 0 15. Resolution - 97-1264 - Establishing a budget for the Rec Check Club program in the Division of Parks and Recreation. Adopted Yeas - 7 Nays - 0 16. Resolution - 97-1265 - Accepting a grant in the amount of$75,981 from the State of Minnesota to assist unemployed City residents through the Job Training Partnership Act Adult Supplemental Program. Adopted Yeas - 7 Nays - 0 October 15, 1997 City Council Summary Minutes Page 4 17. Resolution - 97-1266 - Accepting a grant in the amount of$332,200 from the United States Department of Housing and Urban Development - Emergency Shelter Grant Program for emergency shelters recommended by Review Team. Adopted Yeas - 7 Nays - 0 18. Resolution - 97-1267 - Accepting a grant in the amount of$200,000.00 from the Legislative Commission on Minnesota Resources for restoration of Oak-Savannah in Indian Mounds Park, Battle Creek Park and Phalen Park. Adopted Yeas - 7 Nays - 0 19. Resolution - 97-1268 - Authorizing the Police Department to accept a contribution of$2,000.00 from Minnesota D.A.R.E. to pilot a Jr. High D.A.R.E. curriculum in the 1997 summer school session. Adopted Yeas - 7 Nays - 0 20. Resolution - 97-1269 - Authorizing the Police Department to accept Federal Weed & Seed grant monies in the amount of$70,000 and establish a budget to expend the funds. Adopted Yeas - 7 Nays - 0 21. Resolution - 97-1270 - Approving transfer of$110,000 from Fleet revenue accounts to Fleet motor fuel and Fleet parts accounts in the Police Department. Adopted Yeas - 7 Nays - 0 22. Resolution - 97-1271 - Amending C.F. 97-1132 to correct typographical errors in the legal description. Adopted Yeas - 7 Nays - 0 23. Preliminary Order - 97-1272 - In the matter of construction of concrete curb and gutter, new bituminous roadway, concrete driveway aprons, boulevard sodding, tree planting, and construction of a lantern style lighting system in conjunction with the Margaret/Arcade Area Street Paving and Lighting Project generally bounded by Reaney, Earl, Hudson Road and Swede Hollow, and setting date of public hearing for December 10, 1997. (File #18855) Adopted Yeas - 7 Nays - 0 24. Preliminary Order - 97-1273 - In the matter of construction and/or repair of sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with the Margaret/Arcade Area Street Paving and Lighting Project, and setting date of public hearing for December 10, 1997. (File #18855-conn) Adopted Yeas - 7 Nays - 0 October 15, 1997 City Council Summary Minutes Page 5 25. Preliminary Order - 97-1274 - In the matter of construction of concrete curb and gutter, new bituminous roadway, concrete driveway aprons, boulevard sodding, tree planting, and construction of a lantern style lighting system in conjunction with the Railroad Island Area Street Paving and Lighting Project, and setting date of public hearing for December 10, 1997. (File #18856) Adopted Yeas - 7 Nays - 0 26. Preliminary Order - 97-1275 - In the matter of construction and/or repair of sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with the Railroad Island Area Street Paving and Lighting Project, and setting date of public hearing for December 10, 1997. (File #18856-Conn) Adopted Yeas - 7 Nays - 0 (Thune left the meeting, Blakey assumed the chair) FOR DISCUSSION 27. Resolution - 97-1152 - Establishing the 1998 Residential Street Vitality Program assessment rates. (Laid over from October 1) Councilmember Collins explained that this resolution sets the rates for street paving, lighting and sidewalk construction in 1998. Mr. Collins stated he has had many constituent complaints regarding sodding including the quality of the sod, how it was laid down, and the issue of seeding vs. sod. In order to correct this problem he suggested that the assessment rates be raised $.50 per linear foot for both street paving and sidewalk reconstruction. This could amount to about an additional $45,000 annually and would create four part-time seasonal inspector positions to work on each project. In the past, there have been incidents where sod has been laid over concrete, rocks, etc. Councilmember Collins suggested that seeding still be allowed when sidewalk construction is done but another $.50 per assessable foot would be put in reserve so if there are problems and it becomes necessary to lay replacement sod, the money would be available. Councilmember Collins moved to amend the resolution to increase the rates by $.50/linear foot. Chair Blakey stated he had a letter from a constituent who was concerned about the Lafond-Grotto improvement project. The constituent indicated that the quality of work was not good; the sod was laid over dirt and rock and the ground underneath was in poor condition. Larry Lueth, Department of Public Works, responded that the issue Chair Blakey referred to has been resolved. He said that new sod requires a lot of water and if residents do a good job of watering there generally will be a nice boulevard. Councilmember Collins stated he has had many complaints from people who have maintained their sod to no avail. Mr. Lueth stated that the rash of complaints received this past spring was extremely high due to the dry summer of 1996. Councilmember Bostrom stated that if there are situations where sod requires replacement, there should be a line item in the Public Works budget for replacement. October 15, 1997 City Council Summary Minutes Page 6 Councilmember Collins moved to include amendments to the resolution adding 50 cents per linear foot to assessments. Chair Blakey felt this issue should be laid over. Councilmember Collins withdrew his amendment. Councilmember Harris moved a one week layover and requested Larry Lueth or the Budget Office to return to the City Council with a fund balance for these projects. Laid over to October 22 Yeas - 6 Nays - 0 (Thune not present for vote) 28. Resolution - 97-1215 - Preserving the status quo with respect to the use of property in the area commonly known as the Shepard Road - Davern Street Area pending completion of studies of possible amendments to the City of Saint Paul's Comprehensive Plan and Zoning Ordinance. (Amended and laid over from October 1) Councilmember Harris noted that at the October 1, 1997 City Council meeting, a discussion was held on a moratorium on specific types of property and new construction in a limited area where the 40-acre study is being done in the Shepard-Davern area. Since that time, some people from the community council, other interested parties and Councilmember Harris have met with people from the Hertz Corporation. Hertz Corporation worked with the community to make any development in that area more neighbor friendly and they have agreed to look at a voluntary down-zoning of the property. Hertz will do additional landscaping and 100 percent screening of the property so it will not be visible from the surrounding streets. Additional lighting will be the lantern style. Hertz has agreed to limit their hours of operation and have set construction standards for their building of red brick or masonry with a design in keeping with the Fort Road Plan. Councilmember Harris presented the agreement for the record. Withdrawn by Councilmember Harris 29. Resolution - 97-1232 - Approving settlement of Port Authority obligations to the City under a 1991 Agreement related to the financing of the St. Paul Hotel in 1981. (Laid over from October 8) Steve Thompson,Planning and Economic Development (PED), appeared and stated the background on this issue dates back to 1981 and involves a federal grant to the partnership that renovated the Saint Paul Hotel. There was a default in 1986 and two subsequent agreements in 1991. One agreement provided for a series of payments from the Port Authority to the City. The language suggests that the payments made from the Port Authority to the City were the general obligation of the Port Authority. This matter is part of PED's attempts to administer and collect on its loan portfolio. The property, that is being proposed to be conveyed to the City as a settlement of this Port Authority obligation, has been leased to the Civic Center Authority and the Civic Center Authority has generated net income from the property. Councilmember Megard indicated that this is an arrangement between the Port Authority and PED to write off a loan and there is a loss of income to the Civic Center for parking revenues. It is up October 15, 1997 City Council Summary Minutes Page 7 to the Council to decide if losing $72,000 of income to store construction materials is a good use of the property. It is basically a $1.6 million deal that's being written off for $350,000, she said. Councilmember Harris asked Mr. Thompson if it is correct that the City would take the land and $300,000. Mr. Thompson responded that the money is for the Plastics, Inc. relocation project. If the proposal was approved by Council and if the HRA acquired the property and awarded it to the Civic Center Authority or a different operator, the Port Authority would recommend it be deposited in the HRA loan enterprise fund. Mr. Thompson said he has talked with Chris Hansen, Civic Center Director, who said the Civic Center had only assumed three months income because the site may be used for the arena construction. The resolution says ownership of the property will be filed in the name of the HRA. Revenues will be derived from the use of the property and sale of it will go into the HRA loan enterprise fund which is budgeted by the HRA Board for housing and development. Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 30. Resolution Ratifying Assessment - 97-1260 - In the matter of the Lafond/Grotto Area Street Paving and Lighting Project. (File #18807) (Laid over from October 8) Mike Eggum, Public Works, appeared and stated this lighting project is different from many of the other residential paving projects because there was a lot of existing light in the area. Any light on wooden poles is considered temporary lighting which generally is installed due to complaints. There is one pole at each intersection and sometimes one in the middle of a long block. Mr. Eggum stated the new lights have been designed, installed, and encased in concrete. They are near the circuit limit and would need to be analyzed again. Mr. Blakey asked Mr. Eggum to see what can be done about additional wattage in an attempt to increase illumination. Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 (Thune not present for vote) 31. Resolution - 97-1276 - Amending the budget to fund a program for public street improvements, other improvements and retail promotion throughout the City to attract additional private investment in Saint Paul neighborhoods. Councilmember Megard stated this resolution involves spending STAR money outside the process. Line 10 of the resolution indicates this money should be spent for retail promotion, but STAR money cannot be used for that. She said she received a memo from the Budget Office indicating they are $3,900,000 over budget predicted for STAR funds for 1997 and 1998. She suggested laying this over until the entire STAR proposal is considered on November 5, 1997. Councilmember Bostrom stated this is a once in a unique opportunity to have funds for discretionary projects for the neighborhoods. October 15, 1997 City Council Summary Minutes Page 8 Chair Blakey indicated that he brought this resolution in a couple of months ago and he would like to see it moved forward. Councilmember Megard requested clarification as to who will receive the $125,000 and if it is designated for staffing for the Selby Avenue Plan. One hundred twenty-five thousand dollars was set aside in STAR funds for bricks and mortar. Also in this budget resolution, there is $125,000 in "soft money" coming out of the general fund; she questioned where that money will go. Councilmember Bostrom responded that the idea for the $125,000 was to allow a percentage to go to projects in various neighborhoods. There may be neighborhoods that just need the $125,000 for bricks and mortar and their projects do not require administrative funds. This is an opportunity to work with the various projects giving the Council some flexibility to do what has to be done in the neighborhoods. Councilmember Harris stated this is a way to make sure that tax dollars go back into the neighborhoods rather than in a fund balance. There are different needs and requirements depending on the project. The general fund financing is to allow flexibility. Councilmember Megard asked how much the Selby Avenue Initiative is requesting for administrative costs. Chair Blakey responded the average is from 10 to 12%. Councilmember Megard requested clarification on the one-to-one match. Joe Reid, Budget Office, appeared and stated he is proposing a private match. This will require each Councilmember to support the proposal. The match would be substantial, but he is not proposing that it be one-to- one. Councilmember Bostrom moved approval. Adopted Yeas - 6 Nays - 0 (Thune not present for vote) ORDINANCES 32. Second Reading - 97-1247 - Amending the Saint Paul Legislative Code Sections 33.02 and 33.05 to update the building code and to require a certificate of occupancy for one-and two-family rental dwellings which are not occupied by the owner. Laid over to October 22 for third reading/public hearing 33. First Reading - 97-1216 - Preserving the status quo with respect to the use of property in the area commonly known as the Shepard Road - Davem Street Area pending completion of studies of possible amendments to the City of Saint Paul's Comprehensive Plan and Zoning Ordinance. (Laid over from October 1 for continuation of first reading) Withdrawn by Councilmember Harris 34. First Reading - 97-1277 - Amending Chapter 27 of the Saint Paul Administrative Code by adding a Section 27.08 reflecting change in the residency ordinance enforcement resulting from arbitration award. Laid over to October 22 for second reading October 15, 1997 City Council Summary Minutes Page 9 SUSPENSION ITEMS Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution - 97-1278 - Authorizing the appropriate City officials to resolve any claims for parking citations and towing and storage charges, made by the owner of those certain motor vehicles towed from the temporary restricted parking zone established for the purpose of facilitating street improvements along Blair and Lafond Avenues between Dale and Grotto Streets on October 14, 1997 by forgiving and/or repaying the same. Chair Blakey stated that property owners were initially given a certain date for street improvements and that date was changed by Public Works without proper notification and many people were not aware of the date change This resolution will dismiss the charges on the vehicles that were towed. Adopted Yeas - 6 Nays - 0 (Thune not present for vote) Councilmember Bostrom moved for suspension of the rules and approval of the following resolution: Resolution - 97-1279 - Authorizing and directing the Real Estate Division to submit applications to the State of Minnesota Division of Emergency Management for Section 404 Hazard Mitigation Grant Program funds and to the Minnesota Housing Finance Agency for Community Rehabilitation Fund Program grant to purchase and demolish the buildings located at 1680 and 1686 East Hoyt Avenue. Councilmember Bostrom stated this resolution will allow submission of an application for grant funds to purchase the subject houses. Adopted Yeas - 6 Nays - 0 (Thune not present for vote) Councilmember Morton moved for suspension of the rules and approval of the following resolution: Resolution - 97-1280 - Accepting the gift from Hubbard Broadcasting for travel expenses for the Mayor, a Councilmember and City staff to Chattanooga, Tennessee for the purpose of enhancing riverfront development as a vital interest of the City. Adopted Yeas - 6 Nays - 0 (Thune not present for vote) October 15, 1997 City Council Summary Minutes Page 10 36. POLICY SESSION I. History of Recent City Council Discussions on Gun Violence Prevention Councilmember Jerry Blakey II. Presentation of the Council Research Report "Gun Violence Prevention: A Study of Program Options from Twelve U.S. Cities" (Correlates with Resolution 97-1109 adopted on September 10) Marcia Moermond, Policy Analyst III. Geographic Analysis of Violent Crime in Saint Paul (Correlates with Resolution 97-1112 adopted September 10) Saint Paul Police Chief William Finney Laid over to November 26 Yeas - 7 Nays - 0 IV. Community Perspectives on Gun Violence Prevention Police Chief William Finney Community Youth Affected by Gun Violence Reverend Devin Miller, Chair, Ramsey County Gun Violence Action Team Susan Gaertner, Ramsey County Attorney Michael Stevens, Ramsey County Juvenile Detention Center Superintendent V. Public Comment VI. Council Discussion 37. Resolution - 97-1111 - Approving the hiring of personnel to plan, coordinate and evaluate gun violence programs in the City of Saint Paul. (Laid over from September 10) Councilmember Blakey moved to lay over to November 19, 1997. Laid over to November 19 Yeas - 6 Nays - 0 (Thune not present for vote) October 15, 1997 City Council Summary Minutes Page 11 The meeting was adjourned. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy demon o' Assistant Council Secretary rn/mce