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Approved Minutes 9-3-1997 BOARD OF HEALTH MEETING Wednesday, September 3, 1997 City Council Chambers, 3rd Floor City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 5:50 p.m. by Vice President Blakey. Present - 6 - Blakey, Bostrom, Collins, Harris, Megard, Morton Absent - 1 - Thune 1. Resolution - 97-1098 - Supporting the 1998-1999 Saint Paul Maternal and Child Health grant application to the Minnesota Department of Health. Neal Holten, Medical Director, St. Paul-Ramsey County Department of Public Health, and Carolyn Weber, staff person, appeared. Ms. Weber distributed material pertaining to the grant. She stated that the funding for this grant comes from the State of Minnesota and is about two-thirds Federal funding and one- third State funding. The State uses a statutory formula to distribute funds to community health boards according to need. She indicated that the reason they were appearing before the City Council rather than the Ramsey County Board is because in this case it is St. Paul Community Health that is receiving the funds. St. Paul will be receiving approximately $1.6 million in 1998-1999. Of that amount, approximately $1.4 million goes to Health Start due to a pre-block funding grant. Ms. Weber stated that Health Start has health clinics in high schools and an "improving pregnancy outcome" program. A request for proposal was sent to 30 agencies for the remaining dollars for the area of improving pregnancy outcomes. Three proposals were received back and all received funding. Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Harris moved to adjourn e mee t ng. •. I AT6:01P. David Thu,; :mil President ATTEST: Minutes approved by Council Nancy An rson 1\ '3 C- 1 91 Assistant Council Secretary mce SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, September 3, 1997 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:45 p.m. by Council President Thune Present - 6 - Bostrom Collins, Harris, Megard, Morton, Thune Absent - 1 - Blakey (arrived after the consent agenda) CONSENT AGENDA FOR ACTION Nancy Anderson announced that Item #1 would be laid over one week and Item #5 would be deleted as the license fees and late penalty fee were paid. Councilmember Harris requested Item #13, D001295 be laid over one week. Councilmember Morton requested Item #20 be removed for discussion. Councilmember Harris moved approval of the consent agenda as amended. Yeas - 6 Nays - 0 1. Approval of minutes of July 23 and July 30, 1997. Laid over to September 10 Yeas - 6 Nays - 0 2. Claims of Karna Anderson, Robin Moody, Edward Retka, Lori Simmons, Tsuchue Vang, and Vang Chang Yang. Referred to Employee/Risk Management Division 3. Letter from the Office of the City Attorney announcing a public hearing before the City Council on September 10, 1997 concerning Taxicab Vehicle License held by Gholam Shahroki, dba Minnesota Taxi. (Uncontested) 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on September 10, 1997 concerning License held by Kirk Auto Service, 880 Selby Avenue. 5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on September 10, 1997 concerning Pawnbroker License held by National Pawnbrokers, Inc., 136 East 10th Street. (Uncontested) Public hearing scheduled for September 10 was canceled. 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on September 10, 1997 concerning Licenses held by Turf Club, Inc., 1601 University Avenue West. (Uncontested) September 3, 1997 City Council Summary Minutes Page 2 7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on September 10, 1997 concerning Second Hand Dealers License held by Joani Edman and Lisa Taube, dba Taylor & Rose, 251 Snelling Avenue South. (Uncontested) 8. Letter from the Real Estate Division announcing a public hearing before the City Council on September 10, 1997 to consider the vacation of the portion of the alley abutting Lots 1-3 & 28-30, Block 5 Holcombe's Addition, allowing the Housing and Redevelopment Authority to sell the subject property to a developer to construct a business. 9. Letter from the Real Estate Division announcing a public hearing before the City Council on September 24, 1997 to dedicate a pedestrian tunnel on, under and across Lots 6, 7 and 11, Block 9, St. Paul proper to Ecolab, Inc. for the purpose of constructing and maintaining a pedestrian tunnel. 10. Letters from Saint Paul Public Health declaring 807-809 Buffalo Street, 881 Desoto Street, 1050 Iglehart Avenue, and 613 Minnehaha Avenue East as "nuisance properties", and setting date of Legislative Hearings for September 16, 1997 and City Council Hearings for September 24, 1997. 11. Letters from Saint Paul Public Health declaring 815 Charles Avenue and 944 Lawson Avenue East as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 12. Communication from Saint Paul Animal Control dated August 25, 1997 announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 13. Administrative Orders: D001295 Authorizing payment, not to exceed $40,000.00, for costs associated with Riverfront Framework events held on June 16 and 17, 1997. Laid over to September 10 Yeas - 6 Nays - 0 D001296 Extending the completion date for the Eustis-Franklin Sewer Separation project to April 15, 1997. D001297 Adopting a policy applying to personal protective equipment as mandated by Federal and State Occupational Safety and Health Administration (OSHA) D001298 Addition of$57,899.00 to the contract for Saint Paul Civic Center Expansion, CP-4 Building Construction. D001299 Addition of$820.00 to the contract for Cochran Park Restoration. D001300 Addition of$58,108.00 to the contract for Saint Paul Civic Center Expansion, CP-4 Building Construction. D001301 Deduction of$8,432.00 from the contract for Hazel Park Neighborhood Recreation Center. D001302 Deduction of$56,710.00 from the contract for Boatwell Construction at Harriet Island Regional Park D001303 Authorizing payment, not to exceed $3,000.00, for travel and training expenses for the Weed and Seed Coordinator and one staff member. September 3, 1997 City Council Summary Minutes Page 3 D001304 Addition of$9,324.00 to the contract for renovation and installation of computerized elevator control system for the City Hall Annex elevators. D001305 Addition of$25,219.50 to the contract for Rice & Arlington Sports Dome - Part Two (Parking Lot) D001306 Addition of$3,205.70 to the contract for Como Park Conservatory - Phase One: Utility Work D001307 Authorizing the proper City officials to enter into agreements with various vendors to provide services in connection with the Division of Parks and Recreation's riverfront events being held in August and September, 1997 on Harriet Island at a cost not to exceed $15,000.00. D001308 Authorizing payment, not to exceed $20,000.00, to Melrose Pyrotechnics for a fireworks display on Harriet Island on September 6, 1997. D001309 Authorizing payment, not to exceed $20,000.00, to the Horace Mann Elementary School Playground Project from the City's 1997 Children's Play Area Equipment Program. Noted as on file in the City Clerk's Office 14. Resolution - 97-1078 - Approving the appointment of James Jordan, M.D., by Mayor Coleman, to the Saint Paul-Ramsey County Community Health Services Advisory Committee. (To be laid over one week for adoption) Laid over to September 10 for adoption 15. Resolution - 97-1079 - Approving the appointments of Nancy Tracy, Robert R. Engelhardt, and Vic Wittgenstein, by Mayor Coleman, to Our Fair Carousel Board of Directors. (To be laid over one week for adoption) Laid over to September 10 for adoption 16. Resolution - 97-1080 - Approving the 1997-1998 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. (To be laid over one week for adoption) Laid over to September 10 for adoption 17. Resolution - 97-1081 - Approving the May 1, 1997 through April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and Sheet Metal Workers International Association Local 10. (To be laid over one week for adoption) Laid over to September 10 for adoption 18. Resolution - 97-1082 - Authorizing the Department of Fire & Safety Services to enter into an agreement with the Maplewood Fire Department. Adopted Yeas - 6 Nays - 0 19. Resolution - 97-1083 - Supporting reauthorization of the Intermodal Surface Transportation Efficiency Act (ISTEA). Adopted Yeas - 6 Nays - 0 20. (Discussed after the consent agenda) September 3, 1997 City Council Summary Minutes Page 4 21. Resolution - 97-1085 - Finalizing City Council action taken August 13, 1997 approving the preliminary and final plat for Pineview Homes, Inc. allowing each new town home being constructed at 496 Laurel Avenue to be subdivided and sold as separate units. Adopted Yeas - 6 Nays - 0 22. Resolution - 97-1086 - Installing parking restrictions on both sides of Otis Avenue from Exeter Place to Otis Lane and on the west side of Exeter Place from Otis Avenue to Riverwood Place. Adopted Yeas - 6 Nays - 0 23. Resolution - 97-1087 - Setting a public hearing date of November 12, 1997 for the 1998 Sanitary Sewer and Storm Sewer rates. Adopted Yeas - 6 Nays - 0 20. Resolution - 97-1084 - Establishing a fund and financing for internal borrowing. Councilmember Morton presented an amendment and moved approval. Adopted as amended Yeas - 6 Nays - 0 (Blakey arrived) MISCELLANEOUS 39. Citizen Commendation presentation by Chief William Finney, Saint Paul Police Department, with regard to an accident involving Officer Reuvers. Councilmember Harris moved to lay over to October 1 Laid over to October 1 Yeas - 7 Nays - 0 FOR DISCUSSION 24. 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. (Laid over from August 20) Councilmember Megard presented letters from Burlington Northern and Frank Wallner to be entered into the record. Councilmember Megard stated that the Council would be making a decision at this meeting on the appeal of Frank Wallner to a decision of the Board of Zoning Appeals (BZA) regarding the status of semi-trailer trucks parked on Burlington Northern's Intermodal Hub Facility at 1701 Pierce Butler Route. She noted that Mr. Wallner has raised issues related to the use of the land which is currently a non-conforming use in an I-1 zone. Councilmember Megard requested that the Council deny the appeal based on the following facts: 1) There was no error as to any procedure. Mr. Wallner was given the opportunity to present testimony on the matters he presented to the BZA with respect to the Environmental Assessment Worksheet (EAW). The BZA did not consider the EAW and it is not part of the record of the decision of the BZA. 2) There was no error in fact. The evidence presented to the BZA with respect to parking vs. storage caused the September 3, 1997 City Council Summary Minutes Page 5 BZA to conclude that trailers were parked and not stored. No other credible evidence was presented by the appellant that would demonstrate error on the part of the BZA with respect to this issue. 3) There was no error in findings. The BZA's conclusion that Burlington Northern parked trailers on the site, in light of the opinion of BZA staff and the opinion of the City Attorney, is based upon a reasonable interpretation of the zoning code. The BZA's findings are not erroneous given the facts presented, Megard said. Councilmember Megard moved to deny the appeal and adopt the factual basis supporting the decision, the findings stated above, as well as the findings of the BZA in this matter. Councilmember Megard concurred that Mr. Wallner raised important questions concerning Burlington Northern's conduct in the Midway hub facility. Burlington Northern admitted to the Council two weeks prior that it has in the past stored trailers on the property in excess of seven days which is a clear violation of the zoning code as interpreted by the BZA. She continued by saying that Burlington Northern cannot create its own free floating land use classification by deciding where and when it will park trailers and where and when they will store trailers on this property. The City determines how land is used and what the land zoning classification might be. She said she feels the seven day dividing line between parking and storage, as determined by the BZA, for land zoned industrial is too long. A seven day period is also unrealistic in that it makes zoning compliance difficult if not impossible to enforce. Councilmember Megard stated that the Hamline-Midway Coalition took no position on this matter. She requested that Burlington Northern provide monthly reports to the Hamline-Midway Coalition so they are aware of what is happening with the parking situation. Further, if this site is going to be utilized as parking, she requested that Burlington Northern submit a site plan for parking which will allow the City to see that storm water runoff has been taken care of, etc. Burlington Northern staff confirmed that a fence will be constructed Appeal denied Yeas - 7 Nays - 0 Suspension item Councilmember Megard moved for suspension of the rules and approval of the following resolution in order to resolve the situation in the future. Resolution 97-1099 - Requesting the Planning Commission to review and make recommendations to the Council on revisions to the Zoning Code necessary to better define parking and storage uses. Adopted Yeas - 7 Nays - 0 September 3, 1997 City Council Summary Minutes Page 6 25. Resolution - 97-1088 - Incorporating the Saint Paul School Safety Program into the City of Saint Paul's Transportation Policy Plan. Councilmember Harris moved approval. Councilmember Harris stated that a lot of the information was taken from a variety of sources including what has worked in other cities and what City staff thought were good ideas. He pointed out the report contains the method how this would get implemented. Speed humps is something that is used in cities all across the country and St. Paul is lagging behind as there are very few in St. Paul. It's one way to address the safety of students around schools. He said he would like to see it expanded into other areas such as for pedestrians. Councilmember Collins stated that he spoke with Public Works about constructing speed humps around schools when streets are reconstructed. He noted that many students are driven to and from school in the north end area and it's too easy for them to run directly into traffic. Tim Marx, Deputy Mayor, appeared and spoke in support of the amendment and the policy and asked that it be forwarded to the transportation staff for inclusion in the transportation plan. The importance placed on safe schools is very high, he said. Councilmember Morton said she had a concern about the process of going through the Capital Improvement Budget Committee on a comparative basis if that means areas around some schools will get speed humps and some won't. Whoever writes the best proposal may be eligible, she said. Council President Thune said the final decision is always up to the City Council. Councilmember Morton suggested money be put in the budget that would allow any school to be eligible. Councilmember Harris suggested than an appropriate way to handle the issue would be to set money aside in the budget such as is done for upgrading equipment at playgrounds. Council President Thune spoke in support of Councilmember Harris' suggestion and further recommended that all schools be aware of this, possibly by district council area where they could perform a needs assessment on a priority basis. Councilmember Bostrom said the Council should get an idea from Public Works as to how much the projects may cost so people are not given an unrealistic idea that all schools can be done at once. Councilmember Megard asked what the process is that will be used to put in the speed humps or any other traffic calming measures. She pointed out that schools are in residential neighborhoods so there are more people involved than just the schools, students and their parents. Councilmember Collins recommended that in the second part of the street paving program if there are streets around schools that might have a higher preference to be repaved earlier than later, that they be done first. Adopted Yeas - 7 Nays - 0 September 3, 1997 City Council Summary Minutes Page 7 ORDINANCES 26. Final Adoption - 97-840 - An ordinance to enact the Vendor Outreach Program as new Chapter 84 of the Saint Paul Administrative Code. (Amended and laid over from August 27) Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 27. Second Reading - 97-1061 - An ordinance extending the moratorium on recycling processing centers that operate an "automobile shredder" for the full 30 months or until the City has adopted any needed plan or zoning amendments concerning automobile metal shredders. Laid over to September 10 for third reading/public hearing 28. First Reading - 97-1089 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to Zoning. Laid over to September 10 for second reading The meeting was recessed from 4:07 - 4:40 p.m. Present - 6 Absent - 1 (Harris) arrived shortly after roll call PUBLIC HEARINGS 29. Public hearing to hear comments on whether the requested transfer of the cable television franchise from Continental Cablevision of St. Paul, Inc. to Charter Communications, Inc. may adversely affect Saint Paul cable subscribers. Those wishing to submit written comments on this matter may send them to Holly Hanson, Cable Officer, City of Saint Paul, 68 City Hall, 15 West Kellogg Boulevard, Saint Paul, MN 55102. Holly Hansen, Cable Communications Officer, appeared and provided background information saying that in November 1996, the Council approved a change in control of the cable franchise from Continental Cablevision to US West due to part of a nation-wide merger between these two companies. The franchise holder in St. Paul is still legally Continental Cablevision of St. Paul. Local exchange carriers are prohibited from buying cable systems in their telephone service territories but Continental and US West petitioned and received special relief from the FCC to allow them to hold the system for approximately 18 months to find a suitable buyer for the in- region systems that they purchased in Minnesota. Charter Communications entered into an agreement with US West in May 1997 to purchase the St. Paul system and a number of surrounding St. Paul suburban systems that are owned by Continental Cablevision. Charter filed an application with the City on July 16, 1997 seeking the City's consent to approve the transfer of ownership to Charter Communications. City staff has reviewed the materials and application received from Charter. A number of questions were raised and a data request was sent to Charter asking for further explanation on a number of issues. A response had not been received. Ms. Hansen said staff hopes to have a report ready to present to the Council on September 24, 1997 assuming information is received that is timely and complete. The following individuals appeared to provide testimony: September 3, 1997 City Council Summary Minutes Page 8 Steve Boland, 930 Orange Avenue, employee of St. Paul Neighborhood Network, asked the Council to keep the subscribers in mind when making their decision. Alvin Roth, St. Paul School, asked that there be no reduction in the Institutional Network (I-Net) and talked about the overall importance of the system. Richard Naumann, City of St. Paul Telecommunications Technician, said they have had a number of problems with the Institutional Network and asked that the Council keep this in mind when considering the transfer. (Harris left) Councilmember Megard reminded the Council that when they talked about the franchise and Continental's equipment, one of the reasons it was laid over was to make sure the system was upgraded before any transfer went forward. That was partially based on the down time the school district was experiencing. (Blakey left) George Huschle, City of St. Paul Information Services, said the potential of the Institutional Network is very great and he feels the City has not been able to utilize it as they should Fran Galt, St. Paul Libraries, stated in 1988 testing was done to see whether the library could use the I-Net to connect the branch libraries to the central library's computer. The only way in which information is conveyed now from the central computer to the branches is through dedicated phone lines. They are presently spending about $10,000 per year to connect the twelve branch libraries. They would like to be able to convey the Web and some of the graphics heavy data bases that they have access to. He said they need to upgrade to T-1 lines which can operate at 150 times the speed of the current lines. A T-1 line into each of the branches would cost about $50,000/year. If the I-Net were available, it would operate about six times faster than the T-1 lines. They have been advised not to do this because of the unreliability of the system. The link is so vital that they cannot afford to have a lot of down time. They need to have access that is quite constant, he said. (Blakey & Harris returned) David Barford, Senior Vice President of Operations, Charter Communications, presented a handout and spoke about the company. He said with this acquisition Charter Communications will exceed 1.5 million customers and will join the top ten cable operators in the country. Councilmember Megard moved to continue the public hearing to September 24. Public hearing continued to September 24 Yeas - 7 Nays - 0 September 3, 1997 City Council Summary Minutes Page 9 30. Resolution - 97-1064 - Approving application for a Restaurant-B, On Sale Malt (strong beer), and Wine On Sale License by D'Amico Catering Inc., dba D'Amico & Sons, 975 Grand Avenue. (ID #25729) (Laid over from August 27) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 31. Resolution - 97-1090 - Approving application for a Cigarette, Off Sale Malt, and Grocery-C License by American Asian Grocery Store, 33 George Street East. (ID #71944) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 (Harris left and returned) 32. Resolution - 97-1091 - Approving application for a Second Hand Dealer-Motor Vehicle License by St. Paul Auto Sales Inc. dba Car Credit Company, 605 Como Avenue. (ID #11486) George Broshears, St. Paul Auto Sales, appeared and stated he had recently bought this business. There are approximately 35-40 cars on the lot. The zoning inspector looked at the site and gave his approval but said he would like to see customer parking near the front of the building which he has done. Also, the inspector said there could be a maximum of 70 cars on the lot. Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 33. Resolution - 97-1092 - Approving application for a Parking Lot/Ramp License by Imperial Parking, Inc. at Chestnut and Exchange Streets. (ID #29099) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 34. Resolution - 97-1093 - Approving application for a Parking Lot/Ramp License by Imperial Parking, Inc. at 0 Main Street. (ID #75562) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 35. Resolution - 97-1094 - Approving application for a Parking Lot/Ramp License by Imperial Parking, Inc. at 489-97 St. Peter Street. (ID #53921) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 36. Resolution - 97-1095 - Approving application for a Parking Lot/Ramp License by Imperial Parking, Inc. at 236 9th Street East. (ID #76081) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 September 3, 1997 City Council Summary Minutes Page 10 37. Resolution - 97-1096 - Approving application for a Parking Lot/Ramp License by Imperial Parking, Inc. at 236 10th Street East. (ID #54705) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 38. Resolution - 97-1097 - Approving application for a Parking Lot/Ramp License by Imperial Parking, Inc. at Shepard Road and Eagle Street. (ID #10582) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 Suspension Item Councilmember Harris noted that in a previous discussion on Achievement Plus Schools there was concern as to how sites are selected. There are a variety of needs throughout the City. People are positive as to what the components of Achievement Plus are - a partnership with Wilder Foundation, the School District, and the City of St. Paul - and there would be a significant amount of resources put into this project. Mr. Harris said he would like to know how additional sites will be selected. Councilmember Blakey said the agreement was that after Monroe and Dayton's Bluff Schools were selected, and before going forward with selecting any other sites, that selection criteria would be presented. (Thune left) Tim Marx, Deputy Mayor, appeared and stated that the grant proposal indicates there is no financial programmatic commitments by the City at this time. In the planning stages, Achievement Plus Schools has been focusing on Phalen Village as a potential site. The Wilder Foundation and the partners heard the message conveyed by the Council the previous week, there have been subsequent discussions, and they want to make sure decisions are made and the Council is aware of the criteria. There have been extensive discussion about the criteria as to where Achievement Plus Schools can best be sited. The sites need to be re-examined as decisions are made and they need to be examined as decisions are made about the extent to which the City will participate financially and programmatically. No commitments have been made to any specific site and the process is being opened up. The City Council requested a presentation on Achievement Plus Community Schools On September 10, 1997. September 3, 1997 City Council Summary Minutes Page 11 Councilmember Bostrom moved to adjourn the meeting. � ►:URN D AT .:50 % . Da, d Th •, Council President ATTEST: Minutes approved by Council Nancy Anrson ���"" l 9 7 Assistant Council Secretary mce k O QN � t N c m , a i v (A'' tA z v ' �` 3 • Boa e k , N : � M a © co) LI- N ' et 1 j 6-" Q 0 J ; a 4 a s 1 4 z 4 a ..--„o