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Approved Minutes 3-10-1999 i SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 10, 1999 -3:30 - 5:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Council President Bostrom called the meeting to order at 3:35 p.m. Present- 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent- 1 - Coleman(arrived after the consent agenda) CONSENT AGENDA (Items 1 - 26) Councilmember Benanav requested Items 9, D001653, and 21 be removed for discussion. Nancy Anderson, Secretary, corrected the address on Item 12. Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 6 Nays - 0 MISCELLANEOUS 43. Resolution - 99-236 - Recognizing Margaret Hankes for her courageous actions and declaring March 10, 1999 Margaret Hankes Day in the City of Saint Paul. Councilmember Blakey read the resolution recognizing Ms. Hankes for being a recipient of the Carnegie Medal for her actions in assisting a neighbor as she was being attacked by a dog, and he presented her with a commemorative pin of Harriet Bishop. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of January 20, 1999. Adopted Yeas - 6 Nays - 0 2. Claims of Laura Dittbenner, and Brandon & Illaina Knazze. Referred to Employee/Risk Management Office 3. Letter from the Real Estate Division announcing a public hearing before the City Council on March 24, 1999, to consider the vacation of part of Barclay Street lying southwest of Ames Avenue and northwest of the Chicago and Northwestern Railroad right-of-way. March 10, 1999 City Council Summary Minutes Page 2 4. Letter from the Real Estate Division announcing a public hearing before the City Council on April 7, 1999, to consider the vacation of part of Pleasant Avenue north of Otto Avenue and west of Lexington Parkway to allow the petitioners to fence in this excess right-of-way area when it accrues to their properties. 5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on April 7, 1999, at 9:30 a.m., Room 40-B City Hall-Courthouse, concerning licenses held by Michael Bartelmy, dba Mike's Towing, 847 Hudson Road. 6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on April 13, 1999, at 9:30 a.m., Room 41 City Hall-Courthouse, concerning the Second Hand Motor Vehicle Dealer License held by Import Auto Enterprises, Inc., and Second Hand Motor Vehicle Dealer License held by MFK Enterprises, Inc., both located at 830 Robert Street South. 7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on April 21, 1999, at 9:30 a.m., Room 220, Conference Room B City Hall- Courthouse, concerning all licenses held by Blues Saloon, Inc., 601 Western Avenue North. 8. Letter from the Citizen Service Office/Property Code Enforcement declaring 20 Douglas Street and 721 Watson Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 9. Administrative Orders: D001653 (Removed for discussion.) D001654 Extending the contract completion date from November 20, 1998 to June 1, 1999 for the Bidwell-Congress RSVP. Noted as on file in the City Clerk's Office 10. Resolution - 99-191 - Approving the January 1, 1998 - December 31, 1999 Collective Bargaining Agreement between the City of Saint Paul and the International Association of Fire Fighters AFL- CIO Local 21. (Laid over from March 3 for adoption) Adopted Yeas - 6 Nays - 0 11. Resolution - 99-192 - Approving a 1998 Memorandum of Agreement between Independent School District No. 625 and the American Federation of State, County and Municipal Employees Local No. 844 to implement a pilot program to see if recruitment of qualified persons of color can be increased in the Civil Service systems by using a different recruitment and testing model. (Laid over from March 3 for adoption) Adopted Yeas - 6 Nays - 0 12. Resolution - 99-211 - Suspending On-Sale and Sunday On-Sale Liquor Licenses held by Jazzville, Inc, 486 Jackson Robert Street, for delinquent taxes owed to the State of Minnesota. Adopted as amended Yeas - 6 Nays - 0 March 10, 1999 City Council Summary Minutes Page 3 13. Resolution - 99-212 - Temporarily transferring the On-Sale Liquor License held by the Minnesota Club from its location at 317 Washington Street to the 28th Floor of the First National Bank Building at 332 East Fourth Street to allow for the complete refurbishing of the Washington Street facility. Adopted Yeas - 6 Nays - 0 14. Resolution - 99-213 - Supporting the Community Reinvestment Act. Adopted Yeas - 6 Nays - 0 15. Resolution - 99-214 - Amending the 1999 budget in the Police Department for the Minnesota Cities Grant activity. Adopted Yeas - 6 Nays - 0 16. Resolution - 99-215 - Authorizing the Police Department to accept the donation of an advertising campaign from Martin/Williams Advertising for the Canine Unit. Adopted Yeas - 6 Nays - 0 17. Resolution - 99-216 - Establishing a new project in the 1999 Capital Improvement Budget entitled Harriet Island Reconstruction. Adopted Yeas - 6 Nays - 0 18. Resolution - 99-217 - Authorization to enter into a lease agreement with the University of Minnesota for locating the Showboat in Harriet Island Regional Park. Adopted Yeas - 6 Nays - 0 19. Resolution - 99-218 - Authorizing the Department of Fire and Safety Services to enter into an agreement with the State of Minnesota to continue fire code inspections of public schools. Adopted Yeas - 6 Nays - 0 20. Resolution - 99-219 - Authorizing the Department of Fire and Safety Services to enter into an agreement with the State of Minnesota to continue fire code inspections of hotels/motels. Adopted Yeas - 6 Nays - 0 21. (Removed for discussion) 22. Resolution - 99-221 - Increasing the budget of the Saint Anthony Branch Library Improvements Project in the Capital Projects Ledger. Adopted Yeas - 6 Nays - 0 23. Resolution - 99-222 - Approving Amendment 5 to Lease Agreement PD/19 which relocates 50 parking spaces from the State of Minnesota "Y" Lot to the "X" Lot. Adopted Yeas - 6 Nays - 0 March 10, 1999 City Council Summary Minutes Page 4 24. Resolution - 99-223 - Amending the spending and financing plans in the Department of Public Works for the 1997 and 1998 Sidewalk Reconstruction projects. Adopted Yeas - 6 Nays - 0 25. Resolution - 99-224 - Establishing the new position of Payroll Manager in Grade 018 of the Classified Confidential Non-Represented Standard Ranges in the Salary Plan and Rates of Compensation Resolution. Adopted Yeas - 6 Nays - 0 26. Resolution Approving Assessment - 99-225 - In the matter of boarding-up of vacant properties for August and December 1998; boarding up of vacant properties for October and November 1998; towing abandoned vehicles for October 1998; demolition of vacant buildings for December 1998 and January and February 1999; summary abatements (snow and/or ice removal and sanding walks) for January and February 1999; and summary abatements (property clean-up) for January and February 1999, and setting date of Legislative Hearing for April 20, 1999 and City Council hearing for May 5, 1999. (File #J9901B, J9901B1, J9901V, J9901C, J9901A1, J9901A) Adopted Yeas - 6 Nays - 0 (Coleman arrived) 9. D001653 Authorizing payment, not to exceed $1,000.00, to Wild Mountain Ski Area for additional services provided to the Division of Parks and Recreation for the Family Day Ski Outing on February 14, 1999. Councilmember Benanav said he did not have a problem with this type of expenditure but questioned why the Council did not see the administrative order until a month after the event. Phil Byrne, Assistant City Attorney, explained that administrative orders are on the agenda for purposes of notification and advising the Council. The Council has no authority to do anything with them; however, they give the Council the opportunity to ask for a report or raise questions. Councilmember Benanav moved approval. Yeas - 7 Nays - 0 Noted as on file in the City Clerk's Office 21. Resolution - 99-220 - Approving a budget amendment in the Office of Information Services to accept the transfer of one FTE and fringe benefits from the Office of License, Inspections and Environmental Protection (LIEP). Councilmember Benanav asked what impact this transfer has on LIEP's ability to conduct its operation. Joe Reid, Office of Financial Services, appeared and responded this is simply part of March 10, 1999 City Council Summary Minutes Page 5 the citywide effort to have the management of information systems handled through that office. This person will be supervised and their budget handled by LIEP. Councilmember Benanav moved approval. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 27. Resolution - 99-226 - Accepting the report and recommendation of the City-County Policy Working Board for Workforce Development and authorizing City staff to work out details of a planned merger of the City and County Workforce Programs. Craig Blakely, Department of Planning and Economic Development (PED), appeared and stated in the Summer of 1998 the Council asked PED to set up the Policy Working Board for Workforce Development. It is a group looking at the issue of consolidating or merging City and County workforce programs. This resolution authorizes the Director of PED to work with the County on developing the final joint powers agreement and initiate some of the processes. Councilmember Blakey moved to have a policy session to delve into these issues because he feels there could be a significant impact on the community. Many agencies may be impacted, such as the schools. Councilmember Harris stated he was a member of the working board and he feels the recommendations are good. There was a lot of discussion, fact finding, talking to people on the task force, and other people that would be affected. The Workforce Development Council for the County and City voted unanimously on this matter. Council President Bostrom asked if the Council must meet a time line. Craig Blakely responded that the Federal Workforce Development act passed last summer is reordering the world of workforce development. He was unsure when the State was considering implementing the workforce investment act locally. They cannot get to the bottom of the mechanics and the policy issues without taking it to the next step, he said. Councilmember Harris stated this resolution accepts the recommendation and modifications could be considered later. Councilmember Blakey suggested that the Council could accept the report, but the Council should not give the message that it agrees with this. Mergers should demonstrate a cost savings but, Blakey said, he has not seen any numbers. Saint Paul is considered a service delivery area. Because Saint Paul has more poverty, it gets more money from the federal government to do workforce development. The outlying areas of the county do not have as much poverty and they do not get enough money. Mr. Blakey said he questioned whether Saint Paul will lose money but he has not received an answer yet. This is a basic question which has not been addressed. Mr. Blakey questioned what the board did if that question has not been addressed. Councilmember March 10, 1999 City Council Summary Minutes Page 6 Harris responded three meetings were spent talking about the service area. Councilmember Blakey stated this is not an emergency and he is concerned about going forward. Another issue is the youth; Saint Paul has done a good job with assisting youth with obtaining jobs, but the County does not do a lot with youth work. There are a lot of unanswered questions and many vendors will be impacted. Craig Blakely stated this issue will come back to the Council in time to have a policy discussion. Councilmember Lantry suggested laying this over for two weeks in order for the Council to get the information it needs. Councilmember Blakey withdrew his motion and moved a two week layover. Laid over to March 24 Yeas - 7 Nays - 0 28. Update from the Director of Technology and Management Services on the City's efforts to prevent and solve potential problems associated with "The Year 2000 Computer Bug." (Requested by the Council on November 25; laid over from March 3) Council President Bostrom stated there was a request for a layover due to staff illness. Councilmember Coleman moved a two week layover. Laid over to March 24 Yeas - 7 Nays - 0 29. Update by Rob Fulton and Jane Norbin on Saint Paul-Ramsey County Department of Public Health: Identification of Priority Problem Areas for the Community Health Services Plan 2000- 2003. Rob Fulton stated the Council will be receiving a monitoring report which has been developed by the Community Health Services Advisory Committee. Jane Norbin stated she has 21 health problem statements derived from people looking at a large amount of health data. Letters were sent to 200 community organizations for their input. They met with 41 organizations and 400 individuals and, in general, the organizations were very supportive. Discussions included: the impact of alcohol on the health of the community, the health effects of children living in poverty, access to child care, violence, access to health care, youth issues, overweight and sedentary lifestyles, teen births, diabetes, heart disease, and environmental issues. Councilmember Blakey asked why the paperwork shows that there is an increase in teen births in Ramsey County while national and state percentages are decreasing. Ms. Norbin responded she did not know the reason. Mr. Blakey felt that the faith community has not been as vocal on this issue as they used to be. March 10, 1999 City Council Summary Minutes Page 7 Councilmember Lantry asked about drug use and AIDS. Ms. Norbin said the community was telling them that alcohol and tobacco was a bigger problem for them. There was other drug use but it was not as much of a problem. AIDS continues to be a problem. Council President Bostrom asked what the next step will be. Ms. Norbin responded that the time line for the fmal plan will be due in September. Mr. Bostrom suggested she talk to individual Councilmembers when the final draft is received. Councilmember Harris stated he would like to see an emphasis on how outreach will be done. (Coleman left) 30. Update by Chief Fuller, Department of Fire and Safety Services, on the Performance Audit of Fire Operations. Council President Bostrom indicated that Chief Fuller was not able to be present at the meeting and a layover was requested Councilmember Blakey moved a two week layover. Laid over to March 24 Yeas - 6 Nays - 0 (Coleman not present for vote) (Coleman returned) ORDINANCES 31. Final Adoption - 99-20 - An ordinance amending Chapter 21 of the Saint Paul Administrative Code entitled Officer's Qualifications by establishing minimum qualifications for the unclassified position of Parks and Recreation Director. (Amended and laid over on March 3) Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 32. Final Adoption - 99-162 - An ordinance to amend the Zoning Code relating to the location of pawnshops. (Substitute introduced on March 3) Councilmember Lantry moved approval. Councilmember Coleman urged the Council to vote against this ordinance. He said a moratorium is not needed and the amendments are not good. The original language was about spacing requirements which would have isolated them in certain pockets. In an attempt to accommodate this measure, it has been made worse by waiving it in certain instances. A case was never made that pawn shops are presenting a problem. Coleman said he would rather go with the original language that contained no waivers. March 10, 1999 City Council Summary Minutes Page 8 Councilmember Benanav felt this is generally a good idea and there may be certain circumstances where some waivers are important. Councilmember Coleman stated that one of the things he heard from people when he was a Council candidate was that people did not understand the inconsistencies from ward to ward and neighborhood to neighborhood. Across the board, the Council should make sure there are consistencies; either people can or cannot open a business in Saint Paul regardless of what ward the business is located in. The Council has previously used the moratorium in good fashion, Blakey said; the shredder moratorium and the gun shop moratorium were both good. He concurred with Coleman that a case has not been made against pawn shops. Adopted Yeas - 5 Nays - 2 (Blakey, Coleman) 33. First Reading - 99-227 - An ordinance amending Saint Paul Legislative Code Chapter 33 to remain consistent with the 1997 Uniform Building Code. Laid over to March 17 for second reading 34. First Reading - 99-228 - An ordinance amending Saint Paul Legislative Code Chapter 34 to accurately reflect certain structural requirements. Laid over to March 17 for second reading 35. First Reading - 99-229 - An ordinance amending Saint Paul Legislative Code Chapter 200; including animal facilities to act as deputy license vendors for dog licensing in response to a proposed change in the title of Chapter 347. Laid over to March 17 for second reading 36. First Reading - 99-230 - An ordinance amending Saint Paul Legislative Code Chapter 347 by adding "Animal Facility" to the chapter title. Laid over to March 17 for second reading 37. First Reading - 99-231 - An ordinance amending Sections 376.16 and 376.17 of the Saint Paul Legislative Code; establishing taxicab driver training as a prerequisite for licensure. Laid over to March 17 for second reading 38. First Reading - 99-232 - An ordinance amending Saint Paul Legislative Code Chapter 381 to conform the process for review of currency exchange license applications with other Class III licenses. Laid over to March 17 for second reading March 10, 1999 City Council Summary Minutes Page 9 39. First Reading - 99-233 - An ordinance amending Saint Paul Legislative Code Chapter 417 regarding parking lots and parking garages; citing the license fees to Chapter 310, and defusing private and government parking garages. Laid over to March 17 for second reading Suspension Items Councilmember Coleman moved for suspension of the rules and approval of the following resolution: Resolution - 99-237 - Committing at least fifty percent of Neighborhood Sales Tax Revitalization (STAR) revenues collected in 1999 and 2000 on housing in the City of Saint Paul in order to secure matching funds made available in House File 1340 and Senate File 808. Councilmember Coleman noted that $3 million could be accessed from the State if this change is made. Councilmember Harris stated this needs to be looked at more closely. One of the great things about the STAR Program is it is competitive. This is moving toward saying competition is bad and subsidy is good. When the Council says a particular amount of money must be spent on certain projects, the Council is encouraging funding of poor proposals over proposals that may not have something to do with housing but may be beneficial to Saint Paul. The Council is disregarding business association, small neighborhood groups, and others that see the STAR Program as a possibility for doing something in the neighborhoods that hasn't been done for years. There are practically no strings on the program and no strings on the money. Councilmember Blakey stated the most valuable infrastructure is housing in Saint Paul. Last year, the Legislator appropriated only $10 million statewide. If the Legislature is saying that they will match Saint Paul's $3 million, the Council would be wise to match it. There will be money available for good projects, Coleman said and the Council should take advantage of this match. Adopted Yeas - 6 Nays - 1 (Harris) Councilmember Benanav moved for suspension of the rules and approval of the following resolution: Resolution - 99-238 - Opposing State Legislation now under consideration, such as Senate File 854 and House File 896, prohibiting municipalities from adopting amortization ordinances of any kind. Councilmember Benanav stated this was used once in 30 years on an adult bookstore to remove it from a neighborhood. The proposed law would prohibit cities from amortizing anything. March 10, 1999 City Council Summary Minutes Page 10 Councilmember Coleman stated this is a key tool that Saint Paul uses judiciously. His concern is that the Council needs to lobby on this. Mr. Coleman asked if there are funds available to hire an outside lobbyist. Council President Bostrom suggested Gerry Strathman look into how much a lobbyist would cost. Councilmember Blakey felt that staff could lobby this issue. Adopted Yeas - 7 Nays - 0 (Council requested that Gerry Strathman, Council Research Director, report at the March 17 Council Meeting on the hiring cost for lobbying assistance on this issue.) Councilmember Harris moved for suspension of the rules and approval of the following resolution presented by Council President Bostrom: Resolution - 99-239 - Approving the appointment of Brian Sweeney as interim director of the Department of Planning and Economic Development through June 30, 1999. Adopted Yeas 7 Nays - 0 Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution - 99-240 - Approving the 3.2 Malt and Restaurant licenses for the Groveland Tap, 1834 St. Clair Avenue. Adopted Yeas - 7 Nays - 0 (The meeting was recessed from 5:00 to 5:34 p.m.) Roll Call: Present - 6 Absent - 1 (Harris) PUBLIC HEARINGS 40. Final Order - 99-234 - In the matter of improving streets with one or more of the following: new bituminous roadway, concrete curb and gutter, driveway aprons reconstructed with concrete, sodded boulevards, and a lantern style street light system as part of the Ivy/Earl Residential Street Vitality Program. (File #18893) Paul St. Martin, Department of Public Works, appeared and said he met with NSP and they indicated that they did not budget for their work on this project. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Yeas - 6 Nays - 0 (Harris not present for vote) March 10, 1999 City Council Summary Minutes Page 11 41. Final Order - 99-235 - In the matter of construction of storm sewer connections, sanitary sewer connections, and water connections, at the property owner's request, in conjunction with the Ivy/Earl Residential Street Vitality Program. (File #18893C) No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 42. Public hearing to consider the appeal of St. Anthony Park Community Council to a decision of the Planning Commission approving a site plan for an Amoco gas and convenience store at the northwest corner of Kasota Avenue and Highway 280. Donna Drummond, Department of Planning and Economic Development, reported the site plan was approved by the Office of License, Inspections, Environmental Protection (LIEP). The St. Anthony Park Community Council appealed the site plan approval based on the concern that storm water runoff into the wetland areas would further degrade the wetlands area. The pond nearby is a state protected wetland, but the Department of Natural Resources has no jurisdiction over development that occurs in the watershed of a wetland. The storm water management plan originally approved had one-third of the site draining directly into Kasota Pond under Kasota Avenue and the remaining two-thirds draining into a small wetland in the southwest corner. Amoco changed the storm water drainage pattern to drain all of it to the southwest corner pond so it can serve as a sedimentation pond to help filter out sand and other contaminants. The proposed construction site is polluted from a former municipal ash dump. Amoco went to the Minnesota Pollution Control Agency (MPCA) to see if they could construct in a manner that would not further disrupt the pollutants on the site and the MPCA is still in the midst of that review. The Planning Commission approved the site plan contingent on the MPCA completing its review and Amoco meeting any requirements that the MPCA may have. Councilmember Lantry asked when the MPCA would act. Ms. Drummond responded there are not clear precedents as to how they should handle this but it appears that a determination would be made within a month. The following appeared and spoke in support of the appeal: Stephanie Neid, 2417 Commonwealth Avenue (Harris arrived) Karlyn Eckman, 973 Raymond Avenue, District 12 Community Council, University of Minnesota teacher Margot Monson, University of Minnesota, Department of Entomology March 10, 1999 City Council Summary Minutes Page 12 Appearing in opposition to the appeal was Alan Nations, 4815 Upton Avenue South, Minneapolis, Architect for Amoco. Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Benanav said he heard enough testimony to question whether or not this is the right site for Amoco. In addition to the environmental concerns, which are legitimate and substantial, there are also issues with lighting and traffic. He said he is concerned that not enough attention has been given to the safety issues, lighting issues, noise issues, and the environmental issues. Benanav said he did not believe that St. Anthony Park residents are in any way anti- business as they support a very thriving business community in St. Anthony Park and the St. Anthony Park Business Association is a valuable member of the community. However, he said he does not understand the efforts to put a convenience store in an area which has traffic and safety problems and putting it there may exacerbate these issues. Once it is put up, if the potential problems are not anticipated, it becomes very difficult to take care of it in the future. Councilmember Benanav moved to grant the appeal and deny approval of the present site plan application.. Councilmember Coleman said that his issues are primarily related to the environmental issues of the pond, the ash, the runoff, etc. He said it may not be the better part of discretion to say that the MPCA should take a look at it and see if anything positive can come out of this. He suggested that they might let the process work itself out and if Amoco commits to cleaning up this extremely polluted site, there would be a potential for a net gain. He suggesting laying this item over and letting the process work itself out. Councilmember Blakey concurred with Councilmember Benanav and added that there are not many opportunities to protect the ecosystem. The Council has supported businesses in St. Paul quite extensively. There are many convenience stores in the City, but when there is an opportunity to protect the City's environment, he said they should be careful with their approach. Councilmember Reiter concurred with Councilmembers Blakey and Benanay. Councilmember Harris concurred with Councilmember Coleman saying this is private property and Amoco meets the codes and requirements. Staff recommended approval of the site plan and they have made some changes with regard to storm water management and the drainage system. The Council should be realistic, recognize what the site is now, and see the MPCA fording first. Councilmember Lantry expressed concern that if the ash was cleaned up, clean fill was put in and then a gas station is put on the site that there may be some of the same impacts with pollution. She suggested that a better way to approach it may be to leave it as it is now, apply for Superfund dollars, and permanently clean it up and leave it alone. March 10, 1999 City Council Summary Minutes Page 13 Councilmember Benanav renewed his motion to grant the appeal and deny approval of the present site plan application. The Council fords that there was error in one or more of the findings by the Planning Commission in that the Planning Commission did not give enough weight to the environmental dangers posed by the release of contaminants and pollutants into the pond, creek and wetlands area. The Amoco holding pond is linked hydroponically to the spring. The holding pond would be negatively impacted by light, traffic and noise. Accidental petroleum spills are possible and would affect the wetlands. Pollution will travel via storm water runoff into their own pond and advance to Kasota pond across the street. In time, the pollution will continue to lead from the site into the water table. Motion of Intent - Appeal Granted Yeas 7 Nays - 0 Councilmember Lantry moved to adjourn the meeting. ADJ URNED AT 6:10 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anders � ��o„ \Ackek Assistant Co Secretary m/mce