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Approved Minutes 8-6-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL I Wednesday, August 6, 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 Vice President Blakey Present - 5 - Blakey, Collins, Harris, Megard, Morton Absent - 2 - Bostrom, Thune (Excused) CONSENT AGENDA FOR ACTION Councilmember Harris requested Item#19 be laid over one week. Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 5 Nays - 0 The following communication was read into the record by Nancy Anderson, Assistant Secretary to the City Council: Letter from the Office of License, Inspections and Environmental Protection announcing public hearings before the City Council on August 13, 1997 to consider the appeal of Reynold Hurdt to a decision of the Heritage Preservation Commission denying approval of manufactured siding and trim at 267 Maria Avenue, and the appeal of Phillippe and Ann Arroyas to a decision of the Heritage Preservation Commission denying approval of a new driveway and side yard parking pad at 322 Summit Avenue. 1. Approval of minutes of July 2, 1997. Adopted Yeas - 5 Nays - 0 2. Claims of Stacey Burks, Rania Edrozo, Joe Gorgoschlitz, Marietta Heim, Vernon Hermes, William Krejce, James Mems, Leon Olenick and Jackie Olenick, Joseph Perez and Daniel Woodbeck, Joseph Phipps Jr., Joel Revzen, Heather Seifert, and Archie Stark. Referred to Employee/Risk Management Division 3. Summons and Complaint in the matter of Karen Kormann and Terrance Kormann vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of Darrell T. Brown vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 5. Amended Complaint in the matter of Fleet Mortgage Corp. vs. the City of Saint Paul. Referred to the City Attorney's Office August 6, 1997 City Council Summary Minutes Page 2 6. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on August 13, 1997, to consider the application for a sound level variance by Jeff Matthews and Maureen Mariano for concerts to be held at Schwietz Saloon, 956 Payne Avenue, on September 11, 12, and 13, 1997, from 8:30 p.m. to 12:30 a.m. 7. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 13, 1997, to consider the application of Pineview Homes, Inc. for a preliminary and final plat to allow each townhouse unit at 496 Laurel Avenue to be sold individually and recorded with Ramsey County Property Records. 8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 13, 1997, to consider the report of the Administrative Law Judge concerning the Taxicab Driver's License held by Carlos Rosillo. 9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 13, 1997, concerning the Wine On Sale License held by Style 2000, dba Cafe Latte, 850 Grand Avenue. (Uncontested) 10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 13, 1997, concerning licenses held by Teng Thao, dba T and C Home Delivery, 1524 Westminster Street. (Uncontested) 11. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 13, 1997, concerning licenses held by Family Liquor S Corporation, dba Capitol Wine & Spirits, 531 Rice Street. (Uncontested) 12. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 13, 1997, concerning the Wine On Sale License held by Sole Cafe, 684 Snelling Avenue North. (Uncontested) 13. Letters from Saint Paul Public Health declaring 1132 Central Avenue West and 906 York Avenue as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 14. Letters from Saint Paul Public Health declaring 747 Central Avenue West, 737 Cypress Street, 952 Jenks Avenue, 954 Jenks Avenue, and 617 York Avenue as "nuisance properties" and setting date of Legislative Hearings for August 19, 1997 and City Council Hearings for August 27, 1997. 15. Letter from Ramsey County Property Records and Revenue recommending a reclassification of the property at 611 York Avenue. Referred to the Real Estate Division 16. Communication from Saint Paul Animal Control dated July 28, 1997 announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. August 6, 1997 City Council Summary Minutes Page 3 17. Administrative Orders: D001275 Deduction of$262.00 from the contract for Saint Paul Civic Center Expansion, CP-4 Building Construction. D001276 Addition of$237.00 to the contract for Arlington Hills Branch Library. D001277 Deduction of$579.00 from the contract for abatement of asbestos containing materials at Arlington Hills Branch Library. D001278 Addition of$9,362.00 to the contract for Saint Paul Civic Center Expansion, CP-4 Building Construction Mechanical - Parking Ramp Alternate A. D001279 Amending the 1997 budget in the Office of Financial Services-Budget Section by transferring $4,000 from General Government Financial Forms Printing to General Government Accounts CIB Committee per diem to pay for additional meeting costs related to the 1997 CIB process Noted as on file in the City Clerk's Office 18. Resolution- 97-930 -Approving the appointments of Pao Choua Vang, Kenneth U. Udoibok, and Linda James and the reappointments of James Anderson and Hoa Thi Thu Bury, by Mayor Coleman, to the Saint Paul New Americans Advisory Committee. (Laid over from July 30 for adoption) Adopted Yeas - 5 Nays - 0 19. Resolution- 97-931 -Approving the appointment of Richard Aguilar, and the reappointments of Donald Del Fiacco, Robert Schwartzbauer, and Richard Zehring, by Mayor Coleman, to the Saint Paul Civic Center Authority. (Laid over from July 30 for adoption) Laid over to August 13 Yeas - 5 Nays - 0 20. Resolution- 97-932 -Approving the May 1, 1996 through April 30, 1998 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association, Local#633. (Laid over from July 30 for adoption) Adopted Yeas - 5 Nays - 0 21. Resolution- 97-955 - Approving a budget amendment of$15,000 to the Parking and Transit Fund so Saint Paul can participate in the Riverview Transit Corridor Study with other government agencies. Adopted Yeas - 5 Nays - 0 22. Resolution- 97-956 - Agreeing to indemnify Agribank F C B for the use of their parking lot on the corner of 6th and Jackson Streets during the Gus Macker Basketball Tournament on August 16 and 17, 1997. Adopted Yeas - 5 Nays - 0 23. Resolution- 97-957 - Authorizing the Department of Planning and Economic Development to submit an application to the Metropolitan Council for a planning assistance grant in the amount of $20,000. Adopted Yeas - 5 Nays - 0 24. Resolution- 97-958 - Releasing easements in vacated Harvard Street. Adopted Yeas - 5 Nays - 0 August 6, 1997 City Council Summary Minutes Page 4 25. Resolution- 97-959 -Amending Council File #92-1330 to correct the legal description of a pedestrian easement to be retained in that vacated part of Wayzata Street. Adopted Yeas - 5 Nays - 0 26. Preliminary Order- 97-960 - In the matter of operating and maintaining the City-owned "Town Square" Public Spaces located within Cedar, Seventh, Minnesota and Sixth Streets, and setting date of public hearing for October 8, 1997. (File #18113-98) Adopted Yeas - 5 Nays - 0 27. Preliminary Order- 97-961 - In the matter of the operation and maintenance costs for the Arcade/Case parking lot and the Immaculate Heart of Mary parking lot from January 1, 1998 to December 31, 1998, and setting date of public hearing for October 1, 1997. (File #18744 & 18746) Adopted Yeas - 5 Nays - 0 28. Resolution Approving Assessment- 97-962 - In the matter of the Morgan/Edgcumbe Area Street Paving and Lighting Project, and setting date of public hearing for October 1, 1997. (File#18834) Adopted Yeas - 5 Nays - 0 29. Resolution Approving Assessment- 97-963 - In the matter of condemnation and taking of a permanent easement for right-of-way purposes in connection with the April 27, 1982 vacation of East Idaho Avenue, and setting date of public hearing for October 1, 1997. (File#18845) Adopted Yeas - 5 Nays - 0 For Discussion 30. Resolution- 97-964 - Recognizing the Confederate Air Force Southern Minnesota Wing 20th Annual Air Power Display to be held on August 8-10, 1997 at Holman Field. A presentation was given and a video shown by Douglas Olson, Maintenance Officer of the Confederate Air Force Southern Minnesota Wing. Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 31. (See Page 6) 32. Resolution- 97-689 - Rescinding the sprinkler mandate created by Council File 88-1400. (Laid over from June 18) Councilmember Harris moved approval. Councilmember Collins spoke in opposition to the resolution due to the $5,000 cost for a sprinkler system and that it, therefore, is increasing the cost of housing. If there was a house that had $50,000 of public subsidy invested and it totally burned,the public subsidy would be lost, he said. One of the • August 6, 1997 City Council Summary Minutes Page 3 17. Administrative Orders: D001275 Deduction of$262.00 from the contract for Saint Paul Civic Center Expansion, CP-4 Building Construction. D001276 Addition of$237.00 to the contract for Arlington Hills Branch Library. D001277 Deduction of$579.00 from the contract for abatement of asbestos containing materials at Arlington Hills Branch Library. D001278 Addition of$9,362.00 to the contract for Saint Paul Civic Center Expansion, CP-4 Building Construction Mechanical -Parking Ramp Alternate A. D001279 Amending the 1997 budget in the Office of Financial Services-Budget Section by transferring $4,000 from General Government Financial Forms Printing to General Government Accounts CIB Committee per diem to pay for additional meeting costs related to the 1997 CIB process Noted as on file in the City Clerk's Office 18. Resolution- 97-930 -Approving the appointments of Pao Choua Vang, Kenneth U. Udoibok, and Linda James and the reappointments of James Anderson and Hoa Thi Thu Bury, by Mayor Coleman, to the Saint Paul New Americans Advisory Committee. (Laid over from July 30 for adoption) Adopted Yeas - 5 Nays - 0 19. Resolution- 97-931 -Approving the appointment of Richard Aguilar, and the reappointments of Donald Del Fiacco, Robert Schwartzbauer, and Richard Zehring,by Mayor Coleman, to the Saint Paul Civic Center Authority. (Laid over from July 30 for adoption) Laid over to August 13 Yeas - 5 Nays - 0 20. Resolution- 97-932 - Approving the May 1, 1996 through April 30, 1998 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association, Local#633. (Laid over from July 30 for adoption) Adopted Yeas - 5 Nays - 0 21. Resolution- 97-955 - Approving a budget amendment of$15,000 to the Parking and Transit Fund so Saint Paul can participate in the Riverview Transit Corridor Study with other government agencies. Adopted Yeas - 5 Nays - 0 22. Resolution- 97-956 - Agreeing to indemnify Agribank F C B for the use of their parking lot on the corner of 6th and Jackson Streets during the Gus Macker Basketball Tournament on August 16 and 17, 1997. Adopted Yeas - 5 Nays - 0 23. Resolution- 97-957 - Authorizing the Department of Planning and Economic Development to submit an application to the Metropolitan Council for a planning assistance grant in the amount of $20,000. Adopted Yeas - 5 Nays - 0 24. Resolution- 97-958 - Releasing easements in vacated Harvard Street. Adopted Yeas - 5 Nays - 0 August 6, 1997 City Council Summary Minutes Page 4 25. Resolution- 97-959 -Amending Council File#92-1330 to correct the legal description of a pedestrian easement to be retained in that vacated part of Wayzata Street. Adopted Yeas - 5 Nays - 0 26. Preliminary Order- 97-960 - In the matter of operating and maintaining the City-owned "Town Square" Public Spaces located within Cedar, Seventh, Minnesota and Sixth Streets, and_setting date of public hearing for October 8, 1997. (File#18113-98) Adopted Yeas - 5 Nays - 0 27. Preliminary Order- 97-961 - In the matter of the operation and maintenance costs for the Arcade/Case parking lot and the Immaculate Heart of Mary parking lot from January 1, 1998 to December 31, 1998, and setting date of public hearing for October 1, 1997. (File #18744 & 18746) Adopted Yeas - 5 Nays - 0 28. Resolution Approving Assessment- 97-962 - In the matter of the Morgan/Edgcumbe Area Street Paving and Lighting Project, and setting date of public hearing for October 1, 1997. (File#18834) Adopted Yeas - 5 Nays - 0 29. Resolution Approving Assessment- 97-963 - In the matter of condemnation and taking of a permanent easement for right-of-way purposes in connection with the April 27, 1982 vacation of East Idaho Avenue, and setting date of public hearing for October 1, 1997. (File#18845) Adopted Yeas - 5 Nays - 0 For Discussion 30. Resolution- 97-964 -Recognizing the Confederate Air Force Southern Minnesota Wing 20th Annual Air Power Display to be held on August 8-10, 1997 at Holman Field. A presentation was given and a video shown by Douglas Olson, Maintenance Officer of the Confederate Air Force Southern Minnesota Wing. Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 31. (See Page 6) 32. Resolution- 97-689 -Rescinding the sprinkler mandate created by Council File 88-1400. (Laid over from June 18) Councilmember Harris moved approval. Councilmember Collins spoke in opposition to the resolution due to the $5,000 cost for a sprinkler system and that it, therefore, is increasing the cost of housing. If there was a house that had $50,000 of public subsidy invested and it totally burned,the public subsidy would be lost, he said. One of the • August 6, 1997 City Council Summary Minutes Page 5 goals when subsidized housing is built is to have families live in the houses. A sprinkler is the fastest way to contain a fire and he feels this is an inexpensive way to deal with fires. Councilmember Morton also spoke in opposition to rescinding the mandate. She felt the $5,000 figure is out of line and instead is between$1,875 and$2,250 for newly constructed and rehabed houses. Also, insurance rates are lower when there is a sprinkler in a home. Statistics show that 90% of people survive a fire where there are sprinklers. Councilmember Harris said this proposal is a result of many discussions with people who build houses or rehabilitate homes in St. Paul. There are very few municipalities that have this mandate. Tim Fuller, Fire Chief, responded to Councilmember Harris that a smoke detector is a requirement in new homes. He further stated that St. Paul has a fire prevention unit. Councilmember Harris stated that with the fire prevention efforts and the smoke detector requirement,the number of fires has gone down. Chief Fuller concurred that the number of fires has decreased somewhat. Councilmember Harris said a survey was done by Councilmember Blakey's staff and it was found that a lot of people had turned off their sprinklers because they were often going off and doing more damage than they were of use. Insurance rates are lower but when inspection and maintenance costs of the systems are added in, it becomes more costly for people. Councilmember Megard asked Chief Fuller how many cities in the United States have a requirement for sprinklers in residential buildings that have public money invested. She said when this was first put in place in St. Paul, St. Paul was the only City in the country with the requirement. There is great pressure for fire departments throughout the country to get similar requirements. Councilmember Megard said she has been in favor of eliminating this requirement because of the cost for rehabed houses as well as new construction. This was one of the areas where it appeared costs were being added and other cities in the metropolitan area do not have similar requirements. She said she felt using public dollars in this way is counter productive. Councilmember Blakey questioned why this would not be mandated for all new housing saying if it was so important the Legislature would probably mandate it. Councilmember Harris moved approval. Failed Yeas - 3 Nays - 2 (Collins, Morton,) 31. Resolution- 97-688 - Increasing the subsidy level for housing redevelopment in the City of Saint Paul. (Laid over from June 18) Councilmember Harris presented amendments. He said he would like to see that the HRA Board has an opportunity to see that these allocations come back before the Board whether it's for infill or for rehabilitation. If the Council wishes to set the subsidy at a higher level and get a quarterly or six month report on where the allocations have gone, it would be more of a middle road. The only ones that presently come to the Board are those that are over the limit. The staff has a fair amount of August 6, 1997 City Council Summary Minutes Page 6 discretion which is good,but the Council should make sure that the funds are being used wisely and that they are parallel with the objectives whether it's through the Capital City Development Program or the Housing Policy. He said he is trying to make sure that there is some accountability so the Board is aware of where the allocations are going and what they are for. Councilmember Morton said she feels they should be for review and approval rather than "after the fact." Councilmember Blakey said he did not feel it made sense to have a cap and have them come in even if they are under the cap. Councilmember Harris responded that it is a way to track the program which has been under a fair amount of scrutiny by the Council and the HRA Board. It is a better way to keep track of where the dollars are going and what the amounts are for the allocations. Councilmember Megard said she has no objection to reviewing and looking at where the money is going. She said she would like to get the subsidy levels back to a point where they are going to do something. She is supportive of raising the subsidies but would also support Councilmember Harris' request for review. However, she does not feel it is productive for every one to come to the Council. The Council should set a policy and a certain subsidy level and let staff do its work but have the Council look at it in the end. When a waiver is requested, it automatically comes before the HRA, she noted. Scattered site flexibility is needed, Megard said. She offered amendments to add "and does not preclude scattered site revitalization" and, "encourage the decrease of bureaucratic costs." Councilmember Harris accepted the amendment as friendly. • Councilmember Morton presented an amendment which would find a suitable funding source of $35,000 and divide it between seven owner-occupied homes which do not receive assistance through the Houses-to-Homes Program. Gary Peltier, Department of Housing and Economic Development(PED),reminded the Council that they had adopted the Capital City Development Program effective June 1, 1997. PED is in the process of bringing in more detail as to how to implement it. It is their understanding that the Council's intent was to collapse several programs under some umbrella funds. The Houses to Homes Program is included under the Capital City Homes account. Houses to Homes is to address vacant,primarily single family, structures but also the construction of new single family homes. Sources of funds were also collapsed from the Federal Home Program and CDBG Home Improvement Loan Programs that are primarily there to address the improvement of single family homes and, in most cases, owner-occupied structures. He said he felt the Council had created a vehicle in which neighborhood organizations, and possible even the department, can apply for funds under the guise of the Capital City Development Program to accomplish the purpose of this resolution. The intent of the Capital City Development Program is to cut down the federal and local requirements and to streamline that process. Where there are existing program guidelines, August 6, 1997 City Council Summary Minutes Page 7 organizations have an opportunity to request waivers of existing program guidelines as they apply for funds. He questioned what is different with this and what the City already has. Councilmember Megard moved approval as amended. Adopted as amended Yeas - 5 Nays - 0 PUBLIC HEARINGS 40. Final Adoption- 97-841 -An ordinance amending the Saint Paul City Charter to require City employees to take leaves of absence during terms served in elective offices. (On July 23 this ordinance was laid over to August 6 for final adoption; Reconsidered on July 30 and laid over to August 6 to continue public hearing and final adoption) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 4 Nays - 1 (Collins) 41. Third Reading - 97-840 - An ordinance to enact the Vendor Outreach Program as new Chapter 84 of the Saint Paul Administrative Code. (Laid over from July 23 for continuation of third reading/public hearing) No one appeared in opposition; Vice President Blakey said a two week layover was requested by staff. Councilmember Collins moved to lay over two weeks. Laid over to August 20 for continuation of Third Reading/Public Hearing Yeas - 5 Nays - 0 42. Third Reading- 97-912 -An ordinance amending Chapter 310 of the Saint Paul Legislative Code by reducing the fee for Animal Institutional Use from$400 to $200 to reflect actual cost. Bob Kessler, Office of License, Inspections and Environmental Protection, appeared and stated that this ordinance was before the City Council because a study conducted determined that $200.00 is the cost involved for providing animals from the shelter to the University of Minnesota. Also, when the last increase was approved by the Council, notices were not given to the University of Minnesota and there was not an opportunity to publically debate the issue. The U of M approached the Mayor's Office and asked that they be given that opportunity. Mr. Kessler reported that in 1996 approximately 80 dogs and 35 cats were sold to the U of M. The cost per animal was approximately $200. Ten dogs have been provided so far in 1997 at a rate of$400 each. Appearing and speaking in support of the ordinance were Cynthia Gillett, DVM, University of Minnesota, and Ben Pomeroy, retired DVM representing the Minnesota Veterinary Medical Association. (Harris left and returned) August 6, 1997 City Council Summary Minutes Page 8 Appearing and speaking in opposition to the ordinance were: (Blakey left and returned during the discussion) Howard Golden, 2170 St. Clair Avenue Ann Barasch, 11851 Minnetonka Boulevard, Minnetonka,representing the Animal Humane Society Brook Manly, 2044 James Avenue Joanne Murphy, 3520 Hwy 101 South, Minnetonka, Board Member of the Animal Rights Coalition Carol Kaugh, 2931 Asbury St., Roseville Claudia Wendell, 650 Charles Avenue Irene Goldman, 2170 St. Clair Avenue Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0 Laid over to August 13 for Final Adoption (Harris left) 43. Third Reading - 97-913 - An ordinance amending the Saint Paul Legislative Code Section 140.10(2) extending the hours and days that the required temperatures must be maintained in the skyways. Vice President Blakey reported that the Building Owners and Managers Association requested a one week layover and that the public hearing be continued. Ruth Blackman, downtown resident, appeared and spoke in support of the ordinance. She said this change is important to other residents of downtown and it's important to the Convention and Visitors Bureau that promotes the skyways as an amenity. It's not good if the skyways are only comfortable during limited times, she said. Councilmember Collins moved to lay over one week and continue the public hearing. Laid over to August 13 for continuation of Third Reading/Public Hearing Yeas - 4 Nays - 0 (Harris not present for vote) 44. Resolution- 97-965 - Approving application for a Liquor On Sale-B License by Sawatdee Thai Restaurant Inc., 289 5th Street East. (ID #63859) No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 4 Nays - 0 (Harris not present for vote) (Harris returned) August 6, 1997 City Council Summary Minutes Page 9 45. Resolution- 97-966 - Approving application for a Cabaret Class A license by Pangaea Coffee and Tea House LLC, 1811 Selby Avenue. (ID #49063) • Councilmember Megard moved approval of a substitute resolution which placed a condition on the license and the license holder had agreed to the condition, she said. Substitute adopted Yeas - 5 Nays - 0 46. Resolution- 97-967 -Approving application for an Auto Repair Garage License by Inter City Truck Service Inc., 649 Pelham Boulevard. (ID #85085) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 47. Resolution- 97-968 -Approving application for an Auto Repair Garage License by Hillcrest Certicare, 1581 White Bear Avenue North. (ID #23347) No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 5 Nays - 0 48. Resolution- 97-969 -Approving application for an Auto Body Repair Garage License by Value Auto Body & Paint LLC, 1865 University Avenue West. (ID #52180) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 49. Resolution- 97-970 -Approving application for a Second Hand Dealer-Motor Vehicle License by Walker Quality Sales Inc, dba Snelling Motor Company, 201 Snelling Avenue North. (ID #34995) Michael Olenick, 1604 Dayton Avenue, appeared and stated when this property was zoned a few years ago,the people who owned it appeared before the Zoning Committee and promised that it would be a clean, reputable establishment selling upper-priced cars and that it would fit it with the community. Instead, it is a dilapidated auto lot, he said,where a lot of noise is created when the cars are tested. He requested that for the short term the Council vote against granting a license for this business to continue, and for the long term that a revocation hearing be scheduled and that the zoning of this property be deemed incompatible for use as a car lot and that the property be put to a better use. Bob Kessler, Office of License, Inspections and Environmental Protection(LIEP), requested a one week layover in order to talk to area residents and the applicant about the situation. He stated that this is a new license for the second hand motor vehicle sales. There is an existing license in effect for auto repair. Councilmember Megard moved a one week layover. August 6, 1997 City Council Summary Minutes Page 10 Jim Callahan, Real Estate Brooker representing Walker Quality Used Cars, appeared. He said his client has a purchase agreement on this property. They intend to clean up the property and paint the building. There are a number of conditions that go with the license, his client has agreed to all the conditions and it will be run as a quality used car lot. He said it was a change of ownership and a change of operation. Daniel Murphy, representing Christ Household of Faith, owner of the property, appeared. He stated there were complaints at one time when no one was using the property and youth were congregating there. The problems are a result of not having continual tenants on the property. Christ Household of Faith purchased the property 15 years ago and put it up for sale approximately 60 days ago. He expressed confidence in the person purchasing the property. Marita Link, 1602 Dayton Avenue, appeared and stated that having a used-car lot on this block has been a problem since the beginning. Councilmember Megard asked Mr. Kessler about the process of rezoning property and the process of granting a license for this operation. Mr. Kessler responded that there is a well established and detailed process for re-zonings and they can only be approved by the City Council. It is a long process with a lot of legal notifications required. When an application is submitted for a license,the Office of LIEP is bound to check whether or not the zoning is legal. If it is legal, there is no basis on which to deny the application. However, in cases where there have been nuisance activities at a business, an attempt is made to reach a compromise that will allow the business to prosper and the neighborhood to be protected. Laid over to August 13 Yeas - 5 Nays - 0 50. Resolution- 97-889 -Adopting the Selby Avenue Small Area Plan as an amendment to the City's Comprehensive Plan. (Laid over from July 23) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 51. Resolution- 97-971 -Requesting a sound level variance by the St. Paul Saints Baseball Club for a music concert at Midway Stadium on August 29, 1997, from 5:30 p.m. to 10:30 p.m. Councilmember Megard stated that violations occurred at the last concert and she asked Bob Kessler, Office of License, Inspections and Environmental Protection(LIEP), to provide information. Mr. Kessler stated that under the noise ordinance LIEP is required to enforce violations through criminal citation. An enforcement letter has been sent to the St. Paul Saints informing them that they are not responding to LIEP's requests to keep noise to a level that is below the variances granted by the City Council, and they must exercise more effort in that area to cooperate and try to keep it at a level where concerts can continue and the neighborhood won't be disturbed. Midway Stadium staff attempted to control the situation but they were not successful. August 6, 1997 City Council Summary Minutes Page 11 (Morton left and returned) Tom Whaley of the St. Paul Saints appeared and apologized for the violation and explained the situation. In the future they will not have multiple stage concerts, he said. Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 (Megard left) 52. Resolution- 97-972 - Requesting a sound level variance by the Division of Parks and Recreation for the showing of Walt Disney movies to be aired outdoors at McMurray Fields on August 7-10, 1997, from 8:45 to 10:15 p.m. Maureen Watson, Division of Parks and Recreation, appeared and talked about the movies that will take be shown outdoors. Parks and Recreation requested a variance at 90 db for the movies. Councilmembers Collins and Harris moved approval. Adopted Yeas - 4 Nays - 0 (Megard not present for vote) 53. Final Order- 97-973 -In the matter of sidewalk reconstruction on both sides of East Geranium Avenue from Earl Street to Duluth Street. (Laid over from July 23) • No one appeared in opposition; Councilmember Morton moved approval. Adopted Yeas - 4 Nays - 0 (Megard not present for vote) (Megard returned) 54. Public hearing to consider the appeal of Frank Wallner to a decision of the Board of Zoning Appeals on the legal status of semi-trailers on Burlington Northern's intermodal hub facility, 1701 Pierce Butler Route. Tom Beech, Department of Planning and Economic Development, provided a staff report saying that Burlington Northern(BN) operates an intermodal freight facility on the north side of Pierce Butler Route from east of Snelling Avenue to Prior Avenue. Freight is brought in on railroad cars,the containers are removed and taken away from the site on semi-trailers. In 1966, Mr. Frank Wallner asked the Zoning staff to investigate the legal status of some of the trailers on the site, particularly those located on a portion of the site east of Snelling. He questioned if they were in violation of zoning regulations dealing with outside storage and also whether the trailers represented an expansion of a non-conforming use. The Zoning Administrator made a determination that the trailers constitute parking and not storage and, therefore, are not subject to regulations on outside storage. Also, that they do not represent an expansion of a non-conforming use. Mr. Wallner appealed the decision of the Board of Zoning Appeals who upheld the Zoning Administrator's decisions on a 5-1 vote and Mr. Wallner filed an appeal of the decision of the Board of Zoning Appeals. August 6, 1997 City Council Summary Minutes Page 12 Mr. Beech provided background information saying that Burlington Northern has operated this site for many years and since 1974 it has been used as an intermodel freight facility . The site covers 53 acres. The main operations are west of Snelling Avenue where the loading and unloading occurs. The area discussed at this meeting is east of Snelling and covers about six acres. The distinction between parking and storage is important because storage is prohibited within 300 feet of residential property and most of this property is within that limit. When trailers were brought in, and if they were considered storage,they should have complied with the 300 ft. setback rule. However,the Board of Zoning Appeals ruled that they were parking. In 1992 the City amended the Zoning Code so these types of facilities, instead of being a permitted use in an I-1 zoning district, would now require a special condition use permit in an I-2 district. Burlington Northern's property is zoned I-1 and since 1992 they have been a non-conforming use and cannot expand. In 1996 Frank Wallner requested that the City look into the legal standing of the trailers. Zoning staff inspected the site and reviewed the history of the operation. Staff also asked the City Attorney to clarify the issue of whether the trailers should be regulated as storage or parking. In January 1997, the City Attorney's Office prepared a written opinion that the trailers should be regulated as parking rather than storage if they are moved on at least a weekly basis. After getting that opinion,the Zoning Administrator wrote a determination to address the concerns that were originally raised in Mr. Wallner's request. The Zoning Administrator said that the trailers located on the easterly portion of BN's facility are used on a weekly basis and,therefore, are parked rather than stored. It was also determined that the area of land used for the trailers had not expanded since the intermodal facility became a non-conforming use in 1992 and,therefore,they constitute a legal non-conforming use. Mr. Wallner's current appeal raises three main points: that the trailers in the area east of Snelling Avenue are not used for periods of a week and, therefore, should be treated as storage. There was a study of intermodal freight facilities done by the Metropolitan Council that said in 1993 empty trailers typically stayed on the site 2-1/2 to 3-1/2 days. Mr. Beech said he visited the site in August, 1996 and found that over a 36-hour period three-fourths of the trailers had been moved. He went back another time and found that of approximately 40 trailers that were parked along the property line all but one had been moved in a six-day period. The second argument of Mr. Wallner is that the City's position in 1987 was that the trailers constituted storage. Therefore,the trailers were not a legal use when they were first brought in. This is correct, Mr. Beech said, as in 1987 the zoning administrator was looking at the issue of storage vs. parking. The zoning administrator said those particular trailers would be considered storage. BN filed an appeal and it has never been resolved. A legal opinion was requested from the City Attorney and the opinion was that the trailers should have been considered parking if they were used on at least a weekly basis. Mr. Wallner also raised the issue that the Board of Zoning Appeals erred by not considering issues raised about noise and traffic. The Environmental Assessment Worksheet(EAW) that was prepared in 1987 was triggered by BN's expansion proposal. In 1988 the Environmental Quality Board commented on the EAW and said "no final government action to grant a permit or other approval required to commence the project shall be made prior to a decision being made on the EAW." The August 6, 1997 City Council Summary Minutes Page 13 Board of Zoning Appeals did not consider the issue of the EAW and how it impacted this because it was not part of the original determination made by the zoning administrator. Peg Birk, City Attorney, advised that the testimony to be given at this meeting should be only on the issues that were before the Board of Zoning Appeals. The issue before the Council is whether there was an error in any fact, procedure, or finding made by the Board of Zoning Appeals. The issue before the BZA was whether or not the semi-trailers on BN's intermodal hub facility were parked or stored. (Harris left and returned) Frank Wallner, 1698 Taylor Avenue,the appellant talked about the impact noise has on the quality of a neighborhood. He feels the City has not been diligent in enforcing the noise ordinance and requiring BN to implement noise reduction measures earlier. Mr. Wallner enumerated various errors that he felt the BZA had made. He asked that BN be held accountable, be required to monitor that the trucks are there for less than a week and that the decision of the BZA be overturned. Councilmember Megard stated that after the 40-acre study,the determination was that the hub would be a non-conforming use and that all future hubs would have to be located only in I-2 zones. Mr. Beech responded that all advanced property is zoned I-1 but the 1992 zoning changes said that use is no longer permitted in I-1. The zoning change was for intermodal facilities which was specifically defined by ordinance 60.2015. Parking is allowed in this particular area east of Snelling and, therefore, it cannot be a non-conforming use. Glen Oland-Quamme, Law Firm of Spence Ricke & Thurmer representing Burlington Northern, appeared. He stated that Mr. Wallner has a lot of inaccurate information on the history and clarified what he felt was a lot of confusion. John Ackerman, Manager of the Hub facility appeared and provided additional information on BN's position. Councilmember Megard stated that the key issue is expansion. Based on her history with the issue and what she will require in order to make a decision on this matter, a determination must be made if this is parking or storage and if the use of the land east of Snelling is an expansion of a non- conforming use. The district council has taken no position on this appeal; they are not in favor of the appeal nor are they opposed to the appeal. This is a 24 hour/day operation, Megard said. There are no limits for the use of this property. She asked when BN first used the area east of Snelling for trailers. Mr. Ackerman responded he was not sure but Mr. Quamme referred to an aerial photo taken in April 1991 which shows the parking area paved and with trailers in it. Councilmember Megard asked how BN monitors the movement of trailers. Mr. Ackerman said a daily report is run showing how many days they have been on the lot. This is for the Hub facility as a whole; the trailers east of Snelling are not isolated out. August 6, 1997 City Council Summary Minutes Page 14 Councilmember Megard said at one time BN had automobiles parked which is legal. It's when the same area is used for parking trailers that it becomes an issue of whether it is parking or storage. Tom Beech responded that he thought it was a blanket decision that if something is sitting for a period of less than seven days it is considered parking and if it is sitting for a period longer than seven days it is considered storage. At the time the automobiles were there, the Zoning Code said they were exempt from the 300 ft. setback. Trailers are not exempt if they are stored. Councilmember Megard addressed the issue of a screening fence noting that BN is now proposing to install a fence as a mitigating effort to the neighborhood. The City Attorney's legal opinion is based on a zoning definition added to the Zoning Code in 1993, Megard said. However, BN's non-conforming use began in 1992. The rules governing the land in 1992 maybe should apply, she said, and not those after 1993. She requested that the City Attorney provide an opinion as to whether or not the City should be applying the rules from 1992 when the decision was made about what the Hub would look like and how much it should extend. Mr. Beech responded that the determination the City Attorney's Office made was the legal status of trailers based on the zoning that was in effect in 1987 when they were introduced. Councilmember Megard said a reasonable explanation is needed as to why the City has changed its position from 1987 when it was determined to be storage to now when it is determined to be parking. Councilmember Megard moved a one week layover. Laid over to August 13 Yeas - 5 Nays - 0 Addendum 55. Third Reading - 97-869 - An ordinance amending the Saint Paul Legislative Code, Appendix H, incorporating the terms of the Transfer and Franchise Modification Agreement dated November 13, 1996 between the City of Saint Paul, Continental Cablevision and U.S. West. (Laid over from July 16) No one appeared in opposition. Gerry Strathman, Council Research Director, appeared and stated that this ordinance codifies an agreement that was reached between U.S. West, Continental Cablevision and the City of Saint Paul in November, 1996. All parties are in agreement with the ordinance. Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0 Laid over to August 13 for Final Adoption August 6, 1997 City Council Summary Minutes Page 15 56. Resolution - 97-974 - Approving application for a Grocery-C ind Cigarette, and Off Salc Malt License by Sally's Food Market, 1046 Arcade Street. (ID #29733) Amira Elbazi, owner, appeared and said he was not requesting the off sale malt license. Councilmember Morton moved approval. Adopted as amended Yeas - 5 Nays - 0 57. Resolution - 97-975 - Approving application for a Gambling Manager's License by Johnson Area Hockey Association at Governor's, 959 Arcade Street and at Louie's, 883 Payne Avenue. (ID #69677 & 22667) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 58. Resolution - 97-122 - Ordering the owner to remove or repair the building at 393 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from February 5) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 59. Final Order - 97-976 - In the matter of sidewalk reconstruction on both sides of Blair Avenue from North Chatsworth Street to North Oxford Street. (File #S97080) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 60. Final Order - 97-977 - In the matter of sidewalk reconstruction on both sides of Arbor Street from Jefferson Avenue to Grace Street. (File #S97081) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 61. Final Order - 97-978 - In the matter of sidewalk reconstruction on the east side of Edgcumbe Road from Juliet Avenue to Palace Avenue, both sides of South Howell Street from Palace Avenue to James Avenue, the north side of James Avenue from South Fairview Avenue to South Howell Avenue, and both sides of Sumner Street from Bayard Avenue to Eleanor Avenue. (#S97082- S97085) Councilmember Harris requested that the north side of James Avenue from South Fairview Avenue to South Howell Avenue be laid over to August 13 Councilmember Harris moved approval as amended. Adopted as amended Yeas - 5 Nays - 0 August 6, 1997 City Council Summary Minutes Page 16 62. Final Order - 97-979 - In the matter of sidewalk reconstruction on the west side of North Hamline Avenue from West Arlington Avenue to West Nebraska Avenue; the south side of West Nebraska Avenue from North Hamline Avenue to Sheldon Street, and the north side of West Nebraska Avenue from North Hamline Avenue to the west 128 feet to the alley; and the north side of Pearl Street from Bayless Avenue to Cromwell Avenue and the east side of Cromwell Avenue from Pearl Street to the north 40 feet. (File #S97086-S97088) No one appeared in opposition; Councilmember Collins moved approval. Adopted Yeas - 5 Nays - 0 ORDINANCES 36. Final Adoption - 97-781 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof. Councilmember Harris moved approval Adopted Yeas - 5 Nays - 0 37. Final Adoption - 97-839 - An ordinance amending the Saint Paul Legislative Code by-adding language and creating a new section describing circumstances to establish intent to loiter for the purpose of distributing illegal narcotics. Also creates a new section requiring a probationary order that prohibits return to the geographical location where the crime occurred. (Laid over from July 23) Councilmember Harris moved approval Adopted Yeas - 5 Nays - 0 38. Final Adoption - 97-870 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code to allow transfer of stock by corporate licensees with the consent of the City Council, and raising the cap on licenses to allow four additional. Councilmember Morton moved approval and the ordinance was adopted 5-0. Councilmember Collins later moved to reconsider this item and lay over one week. Laid over to August 13 for Final Adoption Yeas - 5 Nays - 0 39. Third Reading - 97-914 - An ordinance finalizing City Council action approving the petition of Metropolitan State University to rezone property located at 4XX Maria Avenue from P-1 to B-2. (Public hearing held July 2, 1997) Laid over to August 13 for Final Adoption August 6, 1997 City Council Summary Minutes Page 17 33. Resolution - 97-762 - Directing the appropriate City Departments to issue code compliance orders to repair houses and two to three unit apartment buildings immediately after the house or apartment is listed by HUD. (Laid over from July 9) Councilmember Harris moved to introduce a substitute resolution and lay over one week noting there were legal issues with identifying HUD solely in issuing code compliance orders in this respect. Substitute introduced and laid over to August 13 Yeas - 5 Nays - 0 34. Resolution - 97-715 - Changing the rate of pay of the Council Investigation and Research Center Director from Grade 26 to Grade 28 of the Non-represented City Managers Standard Ranges in the Salary Plan and Rates of Compensation. (Laid over from July 23) Councilmember Megard moved approval. Adopted Yeas - 5 Nays - 0 35. Review of Telecommunication Industry Report which is before the Minnesota Public Utilities Commission. Staff discussion of associated impacts on local government, local businesses and City residents associated with the proposed 612 area code split. A report was presented by Ken Smith of the Council Research Center and three options were proposed and explained for the area code split. Also appearing were Mark Fournier of the Minnesota Public Utilities Commission and George Blackwell of U.S. West Communications. Council requested that Mr. Smith draft three resolutions with each option for consideration by the Council at the August 13 meeting. Suspension Item Councilmember Megard moved for suspension of the rules and approval of the following resolution: Resolution - 97-980 - Accepting an invitation from the Como Zoological Society for elected City officials and City staff to participate in a golf tournament benefit on Monday August 11, 1997. Adopted Yeas - 5 Nays - 0 Councilmember Collins moved to adjourn the meeting. August 6, 1997 City Council Summary Minutes Page 18 4RNE • T 8:10 P.M. Davis W'E'.'e, Council President ATTEST: Minutes approved by Council n Nancy Ander n \cc\r� Assistant Council Secretary mce t— pil p -g , -D N A \ rg• tp- N (6 -1 __ g 0\ % i A rc317- Q r-- LA 1 or . -" t \ .1 - S: / . o c";c1 uf) % t- `\/,` 4_ .,-, ' rr © .j 3 v N tip-- kl- k\, TNIs 1 c.,'2 ,g' ),e), (» k- '73_7 1,,t,, - .4 `" 1, cl 7 ' q i . (r) , 6 ''c' 'T) tl '''\, s %, 1-) , _, 0. 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