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Approved Minutes 5-14-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 14, 1997 Northwest Conference Room Third Floor City Hall and Court House Saint Paul, Minnesota CLOSED DOOR SESSION The meeting was called to order by Council President Thune at 2:44 p.m. Present - 7 - Councilmembers Blakey, Bostrom, Collins, Harris, Megard, Morton, and Thune Absent - 0 Also present were: Peg Birk, City Attorney; John McCormick, City Attorney's Office; Tim Marx, Mayor's Office; Mary Kearney, Labor Relations; Angela Nalezny, Labor Relations and Gerry Strathman, Council Secretary. Session discussed labor relations. ADJOURNED AT . A T: V�\ , • . iM-sident, Dave Thune Counc' Secretary, Gerry Strathman i i ii 1 SUMMARY MINUTES OF THESAINT PAUL CITY COUNCIL Wednesday, May 14, 1997 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order by Council President Thune at 4:08 p.m. Present- 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune Absent - 0 CONSENT AGENDA Councilmember Morton requested Item 6 be removed for discussion. Councilmember Harris requested Item 20 be removed for discussion. Councilmember Megard requested Item 33 be removed for discussion. Councilmember Bostrom requested Item 35 be removed for discussion. Nancy Anderson stated Item 21 should be deleted as it was a duplicate of Item 49. Councilmember Megard moved approval of the Consent Agenda as amended. Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of April 9, 1997. Adopted Yeas - 7 Nays - 0 2. Claims of Marlene Aanenson, Scott Cocchiarella,Nam Doan, Marles Harrington, Chad Kavon, Laverne Panek, and Heidi Rusthoven. Referred to Employee/Risk Management Division 3. Communication from Attorney Thomas Donohue regarding State vs. Leon Cariveau. Referred to the City Attorney's Office 4. Conciliation Court Claim and Notice of Hearing in the matter of Lana Glass vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Letter from the Real Estate Division announcing a public hearing before the City Council on May 28, 1997,to consider the vacation of part of Rose Avenue west of realigned Prosperity Avenue allowing the vacated area to accrue to the Healtheast property at Rose and realigned Prosperity. 6. (Removed for discussion.) 7. Letter from Saint Paul Public Health declaring 806 Agate Street, 1248 Laurel Avenue, and 421 May 14, 1997, City Council Summary Minutes Page 2 Wabasha Street South as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 8. Communication from Saint Paul Animal Control dated May 5, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 9. Administrative Orders: D001223 Addition of$3,219.92 to the contract for installing new light fixtures at Block 7A Parking Ramp, 13 West Exchange Street. D001224 Addition of$315,000.00 to the contract for Civic Center Parking Ramp Structural Deck Restoration. D001225 Addition of$9,045.00 to the contract for Rice &Arlington Sports Dome Lighting. D001226 Reallocating spending authority in the COPS Network II grant of the Police Special Projects Fund. Noted as on file in the City Clerk's Office 10. Resolution- 97-533 -Approving the appointment of Rich O'Connor, by Mayor Coleman,to serve on the Saint Paul Civic Center Authority. (To be laid over one week for adoption) Laid over to May 21 for adoption 11. Resolution- 97-534 -Approving the appointments, by Mayor Coleman, of the following individuals to serve on the Certificate of Competency Examining Boards: Richard Felber(Lather and Plasterer), Michael J. Connelly (Warm Air Heating and Ventilation), and Bill Daly (Refrigeration). (To be laid over one week for adoption) Laid over to May 21 for adoption 12. Resolution- 97-535 -Approving the 1994-1996 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. (To be laid over one week for adoption) Laid over to May 21 or adoption 13. Resolution- 97-536 -Approving the Memorandum of Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners for the 1997 wage and fringe re- opener. (To be laid over one week for adoption) Laid over to May 21 for adoption 14. Resolution- 97-537 - Establishing the rate of pay for the new Library Volunteer Coordinator class in Grade 7 of the Professional Standard Ranges. Adopted Yeas - 7 Nays - 0 15. Resolution- 97-538 -Amending the Civil Service Rules in Section 31, Payrolls. Adopted Yeas - 7 Nays - 0 16. Resolution- 97-539 -Amending the Civil Service Rules in Section 6.D., Examination Scoring. Adopted Yeas - 7 Nays - 0 May 14, 1997, City Council Summary Minutes Page 3 17. Resolution- 97-540 - Amending the Civil Service Rules in Section 19 B.2.e., Reason for Leave of Absence. Adopted Yeas - 7 Nays - 0 18. Resolution- 97-541 - Declaring certain Board of Water Commissioners' property in the City of Vadnais Heights to be surplus and authorizing the preparation and execution of a quitclaim deed which shall quit the City's interest in the property in favor of the Board. Adopted Yeas - 7 Nays - 0 19. Resolution- 97-542 -Approving payment of$7,500.00 to Glen Lowry and John Murrin, his attorney, in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 20. (Removed for discussion) 21. Restitution- 97-544 -Eliiiiinatirig the rcquilerilent ft,rTPublic--HLalth to filc a copy of the Oi k1 to Listed in error, see Item#49 22. Resolution- 97-545 - Authorizing the Department of Fire and Safety Services to enter into a rental agreement with the Salvation Army. Adopted Yeas - 7 Nays - 0 23. Resolution- 97-546 -Amending the 1996 & 1997 Capital Improvement Budgets due to change in allocation of MSA allotment between construction and maintenance. Adopted Yeas - 7 Nays - 0 24. Resolution- 97-547 - Amending the 1996 Capital Improvement Budget by transferring 1996 Sewer Revolving Loan Program funding to the Hatch/Park RSP Project. Adopted Yeas - 7 Nays - 0 25. Resolution- 97-548 -Amending the 1996 Capital Improvement Budget by transferring 1996 Sewer Revolving Loan Program funding to the Princeton Shaft Sewer Project. Adopted Yeas - 7 Nays - 0 26. Resolution- 97-549 -Approving the Battle Creek Regional Trail Improvement Project. Adopted Yeas - 7 Nays - 0 27. Resolution- 97-550 - Indemnifying Dayton's Energy Park for use of their parking lot for Saint Paul Saints games and stadium events. Adopted Yeas - 7 Nays - 0 28. Resolution- 97-551 -Approving cancellation of Registered Bill#028962 dated 3/11/93 in the amount of$1,734.70 sent to Don Turgeon for an abandoned boat at Watergate Marina. Adopted Yeas - 7 Nays - 0 May 14, 1997, City Council Summary Minutes Page 4 29. Resolution- 97-552 - Releasing utility easements in a portion of the vacated alley and vacated Wheeler Street in Block 5, Granport Addition. Adopted Yeas - 7 Nays - 0 30. Resolution- 97-553 -Authorizing the City of Saint Paul to accept$132,000.00 from the State of Minnesota to assist dislocated workers through the Metro Area Transition Project. Adopted Yeas - 7 Nays - 0 31. Resolution- 97-554-Amending the Urban Revitalization Action Program(URAP)budget to increase the spending plan of the Sherburne Initiative Phase II budget by $134,774.00 of program income. Adopted Yeas - 7 Nays - 0 32. Resolution- 97-555 - Requesting an extension of time to complete work being done on a building at 659 Carroll Avenue. Adopted Yeas - 7 Nays - 0 33. (Removed for discussion) 34. Resolution- 97-557 -Authorization to apply for a Metropolitan Livable Communities Act Tax Base Pollution Clean-Up Grant. Adopted Yeas - 7 Nays - 0 35. (Removed for discussion) 36. Resolution- 97-559 -Finding Continental Cablevision of St. Paul's Institutional Network Corrective Plan dated March 14, 1997 to be inadequate. Adopted Yeas - 7 Nays - 0 37. Preliminary Order- 97-560 -In the matter of condemnation and acquisition of right-of-way easement for the Sloan Street cul de sac as required for the vacation of East Idaho Avenue, and setting date of public hearing for July 9, 1997. (File#18845) Adopted as amended Yeas - 7 Nays - 0 38. Preliminary Order- 97-561 -In the matter of construction of a water main and service connections in Boxwood Avenue from approximately 260 feet west of McKnight Road to approximately 500 feet west of McKnight Road, and setting date of public hearing for July 9, 1997. (File#18847) Adopted Yeas - 7 Nays- 0 39. Preliminary Order- 97-562 - In the matter of improving the north-south alley in Fulton's Re. of Block 70, Banning and Oliver's Addition(bounded by Delaware, Morton, Cherokee and Page)by grading and paving with bituminous material, and setting date of public hearing for July 9, 1997. (File#18848) Adopted Yeas - 7 Nays - 0 May 14, 1997, City Council Summary Minutes Page 5 40. Preliminary Order- 97-563 - In the matter of improving the north-south alley in Fulton's Re. of Block 70, Banning and Oliver's Addition(bounded by Delaware, Morton, Cherokee and Page)by condemning and taking an easement in the land necessary for the slopes, cuts and fills in the grading and paving of the alley, and setting date of public hearing for July 9, 1997. (File#18848-S) Adopted Yeas - 7 Nays - 0 41. Resolution- 97-132 - Directing the Department of Public Works to stripe an on-street bicycle lane along Mississippi River Boulevard. (Laid over from April 2) (Note: There will be no discussion of this resolution; it will be laid over indefinitely at the request of Councilmember Harris at the May 7 City Council meeting) Laid over indefinitely Yeas - 7 Nays - 0 6. Letter from the Real Estate Division announcing a public hearing before the City Council on June 11, 1997, to consider the vacation of part of Fourth Street west of Washington Street, allowing the petitioner to construct an improved entrance to the Civic Center complex. Councilmember Morton stated there were three handicapped parking areas on Washington Street before the construction and asked if they will be replaced. Council President Thune responded that Public Works will have an answer at the public hearing on June 11. 20. Resolution - 97-543 - Authorizing the Saint Paul Police Department to enter into agreements with Independent School District#625. Councilmember Harris requested an amendment that the Office of Financial Services report on what the agreements are for the professional service contracts. Council President Thune accepted the amendment as friendly. Councilmember Harris moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 33. Resolution - 97-556 - Approving the proposal of the Saint Paul Association of Responsible Landlords (SPARL) to spend $20,000.00 set aside for them in the 1997 budget. Councilmember Megard stated this was a $20,000 grant to do training and outreach to landlords. She was concerned about the $6,000 for office staff support and also that services are being duplicated that are already being provided by the Police Department. Councilmember Megard moved to request SPARL to provide a written report by December 1, 1997 outlining the specifics of this grant. Councilmember Collins accepted the amendment as friendly. In answer to questions by Councilmember Harris, Steve Rice, Housing Inormation Office (HIO), appeared and stated the City Council made a trade-off on various funding. HIO was May 14, 1997, City Council Summary Minutes Page 6 informed by the Office of Financial Services that there is an additional $20,000 to administer and they were told to work it out with SPARL. SPARL will be maintaining their records in a separate place. Carol Buche, President of SPARL, stated the contract is approved on a yearly basis. Adopted as amended Yeas - 7 Nays - 0 35. Resolution - 97-558 - Congratulating the Lao Family Community of Minnesota, Inc. on their twentieth anniversary. Councilmember Blakey stated the 20 year anniversary was celebrated last week. General Vang who fought with many American soldiers was here from California and talked about the accomplishments of the Lao Family Community. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 The meeting was recessed and the Housing and Redevelopment Authority 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. FOR DISCUSSION 42. Discussion on the community notification procedure for Level III sexual offenders. The following people appeared before the Council to discuss this topic and respond to questions of Councilmembers: Stephen Huot, Minnesota Department of Corrections Will Alexander, Minnesota Department of Corrections Lt. Lisa McGinn, St. Paul Police Department, Sex Offenders Unit; Joan Fabian, Director of Ramsey County Corrections; Bob Hanson, Adult Division Director of the Ramsey County Community Corrections Department; Bob Fletcher, Ramsey County Sheriff (The meeting was recessed from 5:40 to 5:55) Present- 6 - Bostrom, Collins, Harris, Megard, Morton, Thune Absent - 1 - Blakey (arrived shortly after roll call) May 14, 1997, City Council Summary Minutes Page 7 PUBLIC HEARINGS 47. Resolution - 97-431 - Approving application for Cigarette, Liquor On-Sale Class A, Sunday On Sale Liquor, Restaurant (B), Entertainment Class B and Gambling Location Class A Licenses by Minnesota Restaurants Inc., dba All Star Sports Cafe/Club Extreme, 2554 Como Avenue. (ID #99433) (Laid over from May 7) (Note: this item was not listed as a public hearing on the agenda, but was discussed as a public hearing) Councilmember Megard presented the following substitute resolution: Resolution - 97-544 - Concerning adverse action against licenses held by All Sports Cafe/Club Extreme, 2554 Como Avenue. Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and Environmental Protection (LIEP), appeared and stated the substitute changes the name of the establishment. LIEP's recommendation is to issue the license with four conditions. These conditions have been signed and agreed to. There is a further contingency of an impending liquor violation which would be a first violation if it was under consideration at this meeting; however, the owner agreed to accept this violation against his own license. LIEP recommended five days suspension with four days stayed. Councilmember Megard moved introduction and approval of the substitute. Substitute introduced and adopted Yeas - 7 Nays - 0 53. Third Reading - 97-490 - An ordinance amending Chapter 176 of the Saint Paul Legislative Code to prohibit persons from attaching objects to trees by injurious means, and replacing references to the director of community services. Laid over to May 28 for final adoption 54. Third Reading - 97-491 - An ordinance granting the Port Authority, and their successors in interest, permission to operate and maintain existing railroad tracks crossing Ridder Circle. Laid over to May 28 for final adoption 55. Resolution - 97-568 - Approving application for a Grocery-C, Firearms, Cigarette, and Restaurant-B License by K-Mart Corporation#4803, 1450 University Avenue West. (ID #79079) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 May 14, 1997, City Council Summary Minutes Page 8 56. Resolution - 97-569 - Approving application for a State Class B Gambling Premise Permit by Rev. Michael Anderson, on behalf of St. Bernard's Church, at Gallivan's, 354 North Wabasha Street. (ID #B-00963) No one appeared in opposition; Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 57. Resolution - 97-570 - Approving application for a Gambling Manager's License by Mary Van Cura, dba St. Bernard's Church, at Gallivan's, 354 North Wabasha Street. (ID #87538) No one appeared in opposition; Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 58. Resolution - 97-571 - Approving application for a Class B Gambling Location License by D. P. McCue Inc., dba Plums Neighborhood Bar & Grill, 480 Snelling Avenue South. (ID #40469) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 59. Resolution - 97-572 - Approving application for a State Class B Gambling Premise Permit by Kevin O'Connell on behalf of Star Swim Club, Inc. at Plums Neighborhood Bar & Grill, 480 Snelling Avenue South. (ID #B-05039) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 60. Resolution - 97-573 - Approving application for a Gambling Manager's License by Gregory Lendway, dba Star Swim Club, Inc. at Plums Neighborhood Bar & Grill, 480 Snelling Avenue South. (ID #18677) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 61. Resolution - 97-574 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at 2091 Skyway Drive, 1154 Barclay Street, 1645 and 1665 Marion Street, and 1483 Matilda Street. No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 7 Nays - 0 62. Resolution - 97-575 - Ordering the owner to remove or repair the building at 796 Laurel Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval and amending the date for repair or removal to 180 days) No one appeared in opposition; Councilmember Blakey moved a two week layover. Laid over to May 28 Yeas - 7 Nays - 0 May 14, 1997, City Council Summary Minutes Page 9 63. Resolution - 97-576 - Order the owner to remove or repair the building at 850 Maryland Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the June 17, 1997, Legislative Hearings) No one appeared in opposition; Councilmember Bostrom moved a layover. Laid over to June 17 Legislative Hearings and June 25 City Council Meeting Yeas - 7 Nays - 0 64. Resolution Ratifying Assessment - 97-577 - In the matter of boardings-up of vacant buildings for August 1996 for 1086 Jessamine Avenue East; boardings-up of vacant buildings for July 1996 for 1132 Central Avenue West and 328 Lexington Parkway North; boardings-up of vacant buildings for September 1996 for 694 Sherburne Avenue; and summary abatements (property clean-up) for August and September 1996 for 616 Idaho Avenue East and 1110 Forest Street. (File #J9702BB, J9701BB, J9722BB, J9704AAA) (Legislative Hearing Officer recommends approval with the following exception: delete the assessment for 328 Lexington Parkway North) The property owner of 1110 Forest appeared and indicated he did not receive a notice of the Legislative Hearing. Gerry Strathman, Legislative Hearing Officer, confirmed that the owner was not present. Councilmember Harris moved to lay over 1110 Forest to the June 3 Legislative Hearings and the June 11 City Council meeting; and delete the assessment for 328 Lexington Avenue North. Yeas - 7 Nays - 0 Councilmember Harris moved approval of the balance of the addresses. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 65. Resolution Ratifying Assessment - 97-578 - In the matter of boardings-up of vacant buildings for November 1996; demolition of vacant buildings for December 1996 and January 1997; boardings-up of vacant buildings for December 1996; and summary abatements (snow removal and/or sanding walks for winter of 1997). (File #J9705B, J9705C, J97051B, J9705A) (Legislative Hearing Officer recommends approval with the following exception: 2176 Stillwater Avenue laid over to June 3 Legislative Hearings) Councilmember Harris moved approval. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 May 14, 1997, City Council Summary Minutes Page 10 The following amendments were also made: 1857 Cottage Avenue, 473 South Cretin Avenue, 695 St. Anthony Avenue, and 2106 Marshall Avenue laid over to June 3 Legislative Hearings and June 11 City Council meeting. Councilmember Harris moved approval as amended. Yeas - 7 Nays - 0 (Bostrom left) 66. Resolution Ratifying Assessment- 97-579 - In the matter of construction of storm sewer and sanitary sewer service connections, as requested by the property owner, in conjunction with the Grand/St. Albans area storm sewer and street paving and lighting project. (File #18713) Councilmember Harris moved layover to May 28 for some issues to be resolved. Laid over to May 28 Yeas - 6 Nays - 0 (Bostrom not present for vote) 67. Final Order- 97-580 - In the matter of permanent easement for public right-of-way for Maiden Lane between Nina Street and Selby Avenue. (File #18840) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) 68. Final Order - 97-581 - In the matter of condemnation and taking of a permanent easement for right-of-way purposes in connection with the Wheeler Street/Munster Avenue Realignment Project. (File #18841) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) 69. Resolution - 97-582 - To consider the vacation of property described as Subject to Short Line Road, Lot 6 except the west 10 feet, Lot 7, Block 8, Boulevard Addition. No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) 70. Resolution - 97-583 - Approving a single family housing program to be financed by the issuance of single family mortgage revenue bonds and mortgage credit certificates. No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) (Bostrom returned) 43. Report by the Administration on the status of City of Saint Paul legislation. No report was given. Councilmember Harris moved for an update on May 21. Laid over to May 21 Yeas - 7 Nays - 0 May 14, 1997, City Council Summary Minutes Page 11 44. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session. (Discussion continued from February 19) (Laid over from April 23) Stacy Becker, Director, Department of Public Works William Finney, Police Chief Council President Thune suggested laying over this item for three weeks because of the legislative session. Councilmember Harris moved to lay over three weeks. Laid over to June 4 Yeas - 7 Nays - 0 45. Administrative Order: D001222 Implementing delegation of signature authority on City contracts. (Laid over from May 7) Councilmember Blakey moved approval. Yeas - 7 Nays - 0 Noted as on file in the City Clerk's Office Councilmember Blakey moved for suspension of the rules and a two week layover of the following resolution: 46. Resolution - 97-506 - Staff recommendation regarding policy for promoting equal opportunity and diversity through the City's professional services contracting process. (Laid over from May 7) Laid over to May 28 Yeas - 7 Nays - 0 47. (See page 7) 48. Resolution - 97-528 - Recommending the Minnesota State Legislature consider adopting criteria focusing on the conviction of individuals, clarify and define "criminal gang", and the membership of the Strikeforce of the Criminal Gang Council should be representative of the community in race and gender. (Amended and laid over from May 7) Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 ORDINANCES 49. First Reading - 97-564 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code relating to Nuisance Abatement. Laid over to May 21 for second reading May 14, 1997, City Council Summary Minutes Page 12 50. First Reading - 97-565 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative Code pertaining to zoning; cellular telephone amendments. Laid over to May 21 for second reading 51. First Reading - 97-566 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code regarding temporary liquor licenses to reflect changes made by the State Legislature in the 1996 legislative session. Laid over to May 21 for second reading 52. First Reading - 97-567 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code regarding temporary on-sale beer licenses to reflect changes made by the State Legislature in the 1996 legislative session. Laid over to May 21 for second reading Suspension Items Councilmember Collins moved for suspension of the rules and approval of the following resolution: Resolution- 97-584 - Approving application for a Liquor On Sale-B, Sunday On Sale Liquor, Entertainment-B, Restaurant-B. And Cigarette License by Grand American Restaurant Company, DBA The Wild Onion, 788 Grand Avenue. (ID #22876) Adopted Yeas - 7 Nays - 0 Councilmember Bostrom moved for suspension of the rules and approval of the following resolution: Resolution - 97-585 - Scheduling a City Council closed meeting on May 19, 1997, at 1:30 p.m. in the Northwest Conference Room, 310 City Hall, to discuss labor negotiations. Adopted Yeas - 7 Nays - 0 May 14, 1997, City Council Summary Minutes Page 13 Councilmember Megard moved to adjourn the meeting. 1 A II-O ' D A 6:28 P.M. Aik &Ial. David Th Mr7uncil President ATTEST: Minutes approved by Council -\c\ Nancy And on Assistant Council Secretary rn/mce