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Approved Minutes 12-17-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 17, 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 3:45 p.m. by Council President Thune Present- 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune Absent - 0 CONSENT AGENDA FOR ACTION Councilmember Harris requested Item#5 D001398 be laid over one week. Councilmember Harris requested Item#9 be laid over one week. Councilmember Megard requested Item#10 be removed for discussion. Councilmember Bostrom requested Item#11 be removed for discussion. Councilmember Harris requested Item#21 be removed for discussion. Councilmember Harris moved approval of the Consent Agenda as amended. Adopted Yeas- 7 Nays - 0 1. Claims of Carol Osborne, Pauline and Shirley Sopkiewicz, and Craig Thompson. Referred to Employee/Risk Management Division 2. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on December 22, 1997 to consider the appeal of Pat Byrne to a decision of the Planning Commission approving a special condition use permit to allow cluster development with ten dwelling units(applicant: Mendota Homes) at XXX Lexington Parkway South(southwest quadrant of Lexington and St. Clair Avenues). 3. Letter from the Real Estate Division announcing a public hearing before the City Council on January 14,1998 to consider the vacation of part of Idaho Avenue lying between Lot 15, Block 3 Rice Street Villas and Wheelock Parkway allowing the petitioner to construct a garage and additional play area for children. 4. Petition of North American Telecommunications Corporation for a conditional certificate to provide local exchange, exchange access, and interexchange service. Referred to the City Attorney's Office 5. Administrative Orders: D001390 Amending the 1997 budget of the Libraries by revising Fund 350-Library Aids and Grants. December 17, 1997 City Council Summary Minutes Page 2 D001391 Addition of$5,838.00 to the contract for Rice &Arlington Sports Dome Support Building. D001392 Authorizing payment, not to exceed $1,900.00, to various vendors for police academy graduation expenses. D001393 Authorizing reimbursement to vendors up to $40,000 for costs associated with the City of Saint Paul's 1998 inauguration ceremonies for Mayor and City Councilmembers. D001394 Amending the 1997 in the Department of Parks and Recreation to reflect additional costs that have been incurred in the vehicle repair and maintenance codes which were not budgeted. D001395 Addition of$147,844.25 to the contract for Hatch-Park Residential Street Vitality Program D001396 Extending the contract completion date from October 10, 1997 to October 31,1997 for the Ohio Street: Annapolis to George contract. D001397 Authorizing the Library to hold a forum on metropolitan collection development issues. Noted as on file in the City Clerk's Office D001398 Amending the 1997 budget in the Department of Technology and Management Services by using funds remaining from unfilled staff vacancies to purchase contracted technical assistance until permanent employees can be found. Laid over to December 30 Yeas- 7 Nays - 0 6. Resolution- 97-1501 - Approving the appointments of James DiZio, PhD. and Barbara Young, and the reappointment of Elna Avey, by Mayor Coleman, to the Hubert H. Humphrey Job Corps Center Neighborhood Advisory Committee. Adopted Yeas - 7 Nays - 0 7. Resolution- 97-1502 - Approving the appointment of Joyce Maddox and the reappointments of Gloria Bogen and Arlend"Buzz" Wilson, by Mayor Coleman, to the Board of Zoning Appeals. Adopted Yeas - 7 Nays - 0 8. Resolution- 97-1503 - Approving the appointments of Ron Elwood, Bob Odman and John Von Hecke, and the reappointments of Leonard Jackson, Signe Masterson and Ann Seifert, by Mayor Coleman, to the Overnight Shelter Board. Adopted Yeas - 7 Nays - 0 9. Resolution- 97-1504 - Approving the appointment of Kurt Schultz, by Mayor Coleman, to the Saint Paul Civil Service Commission. Laid over to December 30 Yeas - 7 Nays - 0 10. (Discussed after the consent agenda) 11. (Discussed after the consent agenda) 12. Resolution- 97-1506 - Approving the co-naming of Central Avenue between Dale Street and Western Avenue as "Reverend Dr. James W. Battle Sr. Avenue." Adopted Yeas - 7 Nays - 0 December 17, 1997 City Council Summary Minutes Page 3 13. Resolution - 97-1507 - Approving the co-naming of Grotto Street between Carroll Avenue and Marshall Avenue as"Reverend Walter L. Battle Street." Adopted Yeas - 7 Nays - 0 14. Resolution - 97-1508 - Finalizing City Council action taken December 3, 1997 concerning adverse action against cigarette license held by Little Grocery, 1724 University Avenue West. Adopted Yeas - 7 Nays - 0 15. Resolution- 97-1509 - Approving the disbursement of Youth Program Funds to the following organizations: Asian Pacific Youth Alliance, Boosters East, Inc., Conway Booster Club, Eastview Booster Club, Edgcumbe Community Center Hockey, Girls Are The Future, Merriam Park Booster Club, Midway Area Youth Athletic Club, North Star"Hockey For Kids" Group, St. Paul Police Explorer Post#454, St. Paul Science Fair Support Group, Sports For Life, Wilder Youth, and Youth Express. Adopted Yeas- 7 Nays- 0 16. Resolution - 97-1510 - Increasing the budget of Fund 350 Library Aids and Grants in the amount of $49,583.00 for grants and donations received by the Library in excess of its budget. Adopted Yeas - 7 Nays - 0 17. Resolution - 97-1511 - Authorizing the elimination of fines for overdue juvenile library materials. Adopted Yeas - 7 Nays - 0 18. Resolution- 97-1512 - Authorizing the St. Paul Police Department to enter into an agreement with the U.S. Department of Justice, Federal Bureau of Investigations, for the Minnesota Fugitive Task Force which includes liability clauses. Adopted Yeas- 7 Nays - 0 19. Resolution- 97 -1513 - Approving and accepting a grant award to the Saint Paul Police Department from the Department of Justice, Office of Community Policing Services, in the amount of $89,250.00. Adopted Yeas - 7 Nays- 0 20. Resolution- 97-1514 - Amending the 1997 budget of the Civic Center to recognize amended revenue estimates and increase spending appropriations. Adopted Yeas - 7 Nays - 0 21. (Discussed after the consent agenda) 22. Resolution - 97-1516 - Directing the Department of Public Works to develop options for a new system of financing and repairing sidewalks. Adopted Yeas - 7 Nays - 0 December 17, 1997 City Council Summary Minutes Page 4 23. Resolution - 97-1517 - 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 24. Resolution- 97-1518 - Amending the spending and financing plans of 1993 CSSP Project accounts and transferring resulting balances into the 1994 CSSP to help offset estimated deficits in the final two years (1994 & 1995) of the CSSP Program and 1997 MSA Contingency project accounts. Adopted Yeas - 7 Nays - 0 25. Resolution- 97-1519 - Establishing a budget for Exchange Street-Chestnut to Eagle by transferring 1997 MSA Contingency funding. Adopted Yeas - 7 Nays - 0 26. Resolution - 97-1520 - Amending the spending and financing budget for Page/Cherokee RSVP project by adding financing from FEMA, State Emergency Fund, PIA and Sewer Service Fund. Adopted Yeas- 7 Nays- 0 27. Resolution - 97-1521 - Adopting an amendment to the plan for land use in the Saint Paul Comprehensive Plan: The Midway Parkway-West Como Small Area Plan. Adopted Yeas - 7 Nays - 0 28. Resolution- 97-1522 - Sending the City Council recommendation to the Minnesota Public Utilities Commission regarding the appeal of the Minnesota Department of Public Service's decision to discontinue funding for the St. Paul Neighborhood Energy Consortium's Insulation Rebate Program. Adopted Yeas- 7 Nays - 0 29. Resolution- 97-1523 - Approving and authorizing execution of an arena lease, hockey playing agreement and disbursing agreement in connection with the arena project. Adopted Yeas - 7 Nays - 0 (Note: this item was reconsidered later in the meeting; see page 7) 30. Resolution- 97-1524 - Requesting the City Council to accept and approve staff's funding recommendations and allocations for the 1998 Civic Organization Partnership Program (COPP). Adopted Yeas - 7 Nays - 0 31. Resolution - 97-1525 - Approving transfer of general funds to License, Inspections and Environmental Protection(LIEP) Special Fund 320. Adopted Yeas - 7 Nays - 0 32. Resolution - 97-1526 - Approving transfer of gambling fund balance within the Office of License, Inspections and Environmental Protection Special Fund. Adopted Yeas - 7 Nays - 0 December 17, 1997 City Council Summary Minutes Page 5 33. Resolution Approving Assessment- 97-1527 - In the matter of installation of Fire Protection System at 340 Cedar Street, and setting date of public hearing for December 22, 1997. (File FP-9701) Adopted Yeas - 7 Nays - 0 34. Resolution Approving Assessment - 97-1528 - In the matter of installation of Fire Protection System at 2505 West University Avenue, and setting date of public hearing for December 22, 1997. (File #FP-9702) Adopted Yeas - 7 Nays - 0 Councilmember Bostrom moved for suspension of the rules to introduce the following resolution: Roll Call Yeas- 7 Nays - 0 Resolution- 97-1567 - Approving the January 1, 1997 through December 31, 1999 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Police Federation. Councilmember Bostrom moved to lay over to December 22. Laid over to December 22 Yeas- 7 Nays- 0 (Collins left) Councilmember Blakey moved for reconsideration of the following resolution: Resolution - 97-394 -Ordering the owner to remove or repair the building at 908 Hague Avenue within fifteen(15) days from adoption of resolution. (Resolution adopted on December 10) Councilmember Blakey moved to amend the resolution to 180 days as there is someone interested in purchasing the property. Councilmember Blakey moved approval as amended. Adopted as amended Yeas - 6 Nays - 0 (Collins not present for vote) Councilmember Morton moved for reconsideration and approval of the following resolution with an amendment to remove or repair within 180 days. Resolution- 97-1126 - Ordering the owner to remove or repair the building at 1331 Bush Avenue within fifteen(15) days from adoption of resolution. (Resolution adopted on December 10) Reconsidered, amended and adopted Yeas - 6 Nays - 0 (Collins not present for vote) (Collins returned) MISCELLANEOUS The City Council recognized Fran Swanson, Assistant City Clerk, upon her retirement after 25 years of service to the City of Saint Paul. December 17, 1997 City Council Summary Minutes Page 6 10. Resolution - 97-1505 - Approving the appointments of Dennis L. Gervais and Gladys Morton, and the reappointments of Joseph Chavez, Jennifer Engh, Stephen Gordon, George Johnson, Soliving Kong, and Timothy Mardell, by Mayor Coleman, to the Saint Paul Planning Commission. Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 11. Resolution - 97-1410 - Supporting the relocation of Metropolitan Council Transit Operations facility to University Avenue and Mississippi Street. (Laid over from November 26) Gerry Strathman, City Council Secretary, read a substitute resolution from the Department of Planning and Economic Development (PED). Council President Thune said the Port Authority and the neighborhood are not supportive of the proposed site. Allen Lovejoy, PED, appeared and stated the Metropolitan Council will be requesting bonding assistance from the Legislature. Council President Thune withdrew the resolution saying it is outdated due to the additional community discussion. He suggested Councilmember Bostrom work with the agency and PED and the resolution can be brought before the Council in 1998. Mr. Bostrom concurred. Withdrawn 21. Resolution - 97-1515 - Authorizing the Department of Planning and Economic Development to execute the necessary loan and grant documentation for a $225,000.00 STAR Revolving Loan Fund loan and a $22,500.00 STAR grant for the Snelling Properties LLC project located at Snelling and Energy Park Drive. Councilmember Harris expressed concern with the use of the STAR dollars saying there was money set aside in the Department of Planning and Economic Development ( PED) to provide $50,000 in loans to businesses as part of the STAR program. Staff said they needed more flexibility in helping small businesses with loan dollars. One of the first things in this program includes a $22,500 grant and a $225,000 loan. This proposal is about $200,000 over, or four times higher, than what it was set aside for. One of the things that differentiates the STAR Program from a regular PED program is that the STAR Program has been marketed in the neighborhoods so people are aware of it. Groups who normally don't understand how to obtain City loans have now accessed the money for good things in their neighborhood. Pamela Wheelock, PED, appeared and stated landscaping and physical improvements are not essential for redevelopment of the physical property that does not generate revenue and are not affected but will improve the quality of the space and make it an important element of the neighborhood. December 17, 1997 City Council Summary Minutes Page 7 Marie Franchett, PED, appeared and stated the original maximum amount was to be $50,000. There are inquiries for larger loan amounts and often those projects cannot wait for a full year's cycle for the application. The grant amount would be used for a sculpture on Snelling Avenue. It would also be used for planting trees in the public way and for landscaping. Councilmember Megard stated she has the same concerns as Councilmember Harris. The STAR money has been used in ways they have not approved. There is a rejuvenation of the Snelling/ Energy Park Drive corner that is vital to the City. Steve Wellington stated he has a small business and employees 12 people. This is a 12 acre industrial development without any tax increment financing and has generated 300 jobs in a building that was empty for 1-1/2 years. It is a 5% loan and a lot of the loans being approved by STAR have a lower percentage rate. It is a solid return to the City, he said, plus two additional buildings are being proposed. (Thune left; Blakey assumed the chair) Councilmember Collins said he feels this project fits the STAR Program because the site was a blight to the neighborhood. Councilmember Harris said he does not see a sculpture as a good use of tax dollars. Councilmember Collins pointed out that a previous Council approved monies for public art. Pamela Wheelock stated this art piece was not a PED recommendation but was suggested by the Snelling Avenue Business Association. Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 1 (Harris) (Thune not present for vote) Councilmember Bostrom moved for reconsideration of the following resolution: Roll Call Yeas - 6 Nays - 0 (Thune not present for vote) 29. Resolution - 97-1523 - Approving and authorizing execution of an arena lease, hockey playing agreement and disbursing agreement in connection with the arena project. (Thune returned) Pamela Wheelock gave a presentation and requested the resolution be laid over to the next meeting. Councilmember Blakey asked about naming rights and payments. Pamela Wheelock responded that any revenues from naming rights are available to the team. The team is contractively obligated to pay the City $380,000 a year and escalates by 5% per year. Councilmember Harris moved to lay over to December 22. Laid over to December 22 Yeas - 7 Nays - 0 December 17, 1997 City Council Summary Minutes Page 8 FOR DISCUSSION 35. Resolution - 97-1529 - Adopting the 1998 annual tax levy. Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 36. Resolution - 97-1530 - Adopting the 1998 annual budgets. Joe Reid, Budget Office, stated there were additional paramedic revenues that should be recognized. Councilmember Collins said the Fire Department recommended two positions be reinstated with some of the money from the increased paramedic fees. Councilmember Megard indicated she could support reducing the budget, but she was concerned with eliminating two positions without having the Administration's input. Councilmember Harris requested Greg Blees, Fiscal Policy Analyst for the City Council, provide estimates for 1997 and what was budgeted. Councilmember Collins moved approval of the budget with $190,000 coming out of reserve. Adopted as amended Yeas - 7 Nays - 0 37. Resolution - 97-1531 - Approving a tax levy for pay 1998 for the Port Authority, to be forwarded to Ramsey County for collection and remittance to the City. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 38. Resolution - 97-1532 - Approving St. Paul and Housing and Redevelopment Authority (HRA) Property Tax Levy payable in 1998 and approving the St. Paul HRA 1998 Budget. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 39. Resolution - 97-1533 - Prescribing the form and details for General Obligation Tax Increment Bonds (Block 39 Project), Series 1998A, and Taxable General Obligation Tax Increment Bonds (Block 39 Project), Series 1998B; Providing for their issuance; and pledging tax increments and certain parking revenues to their payment. Shirley Davis, Treasury Department, presented an amendment. David MacGillivray, Springsted Public Financial Advisors, appeared and stated it is customary in Minnesota to sell bonds at a discount. State law has a maximum obligation of 2%. The amount of the discount is based on the current market, terms of the bonds, how long they go out and the credit worthiness of the offering. This is a $38 million issue and goes out 25 years. Even though the terms are longer, the credit quality and the rate are the same. December 17, 1997 City Council Summary Minutes Page 9 Mary Dyrseth, Briggs and Morgan, Shirley Davis, David MacGillivray, and Pamela Wheelock all responded to questions from the Councilmembers. Councilmember Bostrom moved approval. Adopted as amended Yeas - 7 Nays - 0 (On January 28, 1998, the Treasury Division will present to the City Council the fees and costs for bond issuance.) 40. Resolution - 97-1534 - Authorizing a Taxable General Obligation Commercial Paper Program for the Arena Project. Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 The meeting was recessed and the Housing and Redevelopment Authority (HRA) meeting was called to order for consideration of the Consent Agenda. Present - 7 Absent - 0 The HRA meeting was recessed and the City Council meeting resumed. Present - 7 Absent - 0 41. Update by the Fire Department on the Planned Computerized Documentation/Data Collection System. (Requested via C.F. 97-1438, adopted December 3, 1997) Dave Huisenga, Fire Department, distributed a handout and gave a presentation. Councilmember Bostrom stated he wanted assurance that this system works with other systems so the City does not have another stand-alone system that cannot be accessed from other locations. Cindy Mullen, Information Services, appeared and stated she has worked closely with the Fire Department to make sure this project adheres to the technology standards. 42. Update by the Administration on the progress of the Electronic Computerized License Inspection and Permit System (ECLIPS). (Requested on October 8) Bob Kessler, Office of License, Inspections, and Environmental Protection, appeared, gave a presentation, and responded to questions of Councilmembers. Councilmember Harris requested an update in eight weeks. A written report was distributed prior to the meeting and an additional update will be provided on February 11, 1998. December 17, 1997 City Council Summary Minutes Page 10 PUBLIC HEARING 49. Third Reading - 97-1447 - An ordinance amending the Saint Paul Legislative Code §66.214(a) pertaining to advertising signs located in B-2, B-3, B-5 (as described therein), I-1, I-2, and I-3 zoning districts. Bob Kessler, Office of License, Inspections, and Environmental Protection (LIEP), stated this ordinance would affect the enforcement of signs which would be LIEP's responsibility. The last six years, sign companies were allowed to replace non-conforming signs with new signs. It has become more difficult to find places in the City that meet all the requirements for signs to be erected. This ordinance would limit the number of advertising signs in the City to their present number. The ones in place now will be allowed to remain. Public testimony was taken from the following individuals: Ruby Hunt, 1148 Edgcumbe Road, appeared in support of the ordinance. Shawn Bartsh, 1965 Norfolk, Highland Area Community Council, Gateway Project, Shepard Davern 40 acre study, appeared in support of the ordinance. Roy Schraeder, Universal Outdoor Advertising at 3225 Spring Street Northeast in Minneapolis, appeared in opposition to the ordinance. Tom Welna, River Valley Preservation Company, appeared in support of the ordinance. Joe Commers, Commers Company Real Estate Investment and Development, appeared in opposition to the ordinance. Heather Worthington, Saint Anthony Park Community Council, appeared in support of the ordinance. Paul Mandel, Capitol Area Architectural and Planning Board, appeared in support of the ordinance. Len Levine appeared in opposition to the ordinance. Brian Bates, 1985 Grand Avenue, appeared in support of the ordinance and circulated materials. Tom Haak, billboard company, spoke in opposition to the ordinance. Michael Cronin, 8809 West Bush Lake Road, Bloomington, Universal Outdoor Advertising, spoke in opposition to the ordinance. Councilmember Megard moved to recess the public hearing, continue it at a later date, and have the Planning Commission undertake a study. Public Hearing continued to no specified date Yeas - 7 Nays - 0 Suspension Items Councilmember Megard moved for suspension of the rules and approval of the following resolution: Resolution- 97-1569 - Directing the Saint Paul Planning Commission to undertake a study on advertising signs (billboards). Adopted Yeas - 7 Nays - 0 December 17, 1997 City Council Summary Minutes Page 11 Councilmember Megard moved for suspension of the rules and approval of the following resolution: Resolution - 97-1570 - Prohibiting the issuance of permits for advertising signs (billboards) pending the completion of a study of the Saint Paul Planning Commission. Adopted Yeas - 7 Nays - 0 Councilmember Megard moved for suspension of the rules to introduce the following ordinance. Roll Call Yeas - 7 Nays - 0 First Reading- 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. Laid over to December 22 for second reading ORDINANCES 43. Final Adoption- 97-1420 - An ordinance amending Chapter 24 of the Saint Paul Administrative Code to prohibit certain campaign contributions. (Substitute introduced, amended and laid over from December 10) Council President Thune explained that if someone has an issue before the Council at the time of an election, it is not the time for a Councilmember to solicit contributions from them or for that individual or group to make offers. It is limited to the time an item is on the City Council agenda. Councilmember Blakey said he understands the intent of the ordinance but feels if someone wants to get around it, they can. Councilmember Megard said she feels this ordinance would not be enforceable although it is well intentioned. Councilmember Bostrom asked if an individual is personally liable for defending themselves if there are charges. Phil Byrne, Assistant City Attorney, responded in the affirmative noting that there would be a conflict of interest for the City Attorney's Office to be involved and any charges would be referred to another City for handling. Councilmember Megard moved approval. Failed Yeas - 1 Nays - 6 (Blakey, Bostrom, Collins, Harris, Megard, Morton) 44. Final Adoption - 97-1324 - An ordinance amending Chapters 116 and 135 of the Saint Paul Legislative Code to provide for regulation of private construction in the public right-of-way. (Substitute introduced and laid over from December 10)\ Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 December 17, 1997 City Council Summary Minutes Page 12 45. Second Reading- 97-1481 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code pertaining to lawful gambling; raising the appropriate tax to two and one-half percent and repealing the requirement to file financial reports with LIEP. Laid over to December 22 for third reading/public hearing 46. Second Reading - 97-1482 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code to add additional taxicab vehicle licenses in the City. Councilmembers Harris and Morton withdrew this ordinance. 47. First Reading- 97-1535 - An ordinance amending Saint Paul Legislative Code §147.01 as provided in Ordinance No. 13535 adopted January 31, 1967 pertaining to the designation of that portion of Jessamine Avenue bounded by Lexington Parkway and Beulah Lane as a one-way street. Laid over to December 22 for second reading 48. First Reading- 97-1536 - An ordinance finalizing City Council action approving the petition of the Salvation Army/HRA to rezone property at 619-623 Lawson Avenue East from RT-1 to P-1. (Public hearing held October 8, 1997) Laid over to December 22 for second reading POLICY SESSION 50. Resolution- 97-868 - Adopting the Saint Paul Transportation Policy Plan as a Chapter of The Saint Paul Comprehensive Plan. (Laid over from November 19) Councilmember Megard moved approval Adopted(Amendments were made to the Transportation Policy Plan) Yeas - 7 Nays - 0 Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution- 97-1571 - Approving a policy for the installation of additional street lighting on local streets if the location is requested by petition from the abutting property owners and approved by the local district council and the Public Works Department or a Public Hearing before the City Council. Adopted Yeas - 7 Nays - 0 The meeting was adjourned. s2/4A_.- Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Ander n \g ` \ V\ Assistant Council Secretary rn/mce