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Approved Minutes 11-5-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, November 5, 1997 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:45 p.m. by Council President Thune. Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune Absent - 0 CONSENT AGENDA Councilmember Harris requested that the Police Department report back to the Council on Item 17. Councilmember Megard moved approval of the Consent Agenda. Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of August 27, 1997. (Laid over from October 29) Adopted Yeas - 7 Nays - 0 2. Claims of Kevin Abrams, David Billups, Jennifer Brooks, Heather Clarkson, Donald Goodland, Ryan Moen, and Lawrence Prax. Referred to Employee/Risk Management Division 3. Petition in Condemnation and Motion for Transfer of Title and Possession and Notice of Hearing on Petition in Condemnation and Motion to Take Title and Possession in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs Gerald M. Lambrecht, et al. Referred to the City Attorney's Office 4. Letter from Ramsey County Property Records and Revenue recommending a reduction in assessed valuation for Abatement Application AC97-6472; 1150 Prosperity Avenue, 1399 Magnolia Avenue East, Clarence Street, and Magnolia Avenue East. Referred to the Real Estate Division 5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on November 12, 1997 concerning Taxicab Vehicle Licenses held by CIN, Inc. & JNJ, Inc., dba City Wide Cab Co. (Uncontested) 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on November 12, 1997 concerning Licenses held by Bilco, Inc., dba Billy's On Grand, 857 Grand Avenue. (Uncontested) November 5, 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 November 12, 1997 concerning Licenses held by Midway Party Rental, 1607 University Avenue West. (Uncontested) 8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on November 12, 1997 concerning Cigarette License held by Blue Marine Market, 1186 Prosperity Avenue. (Uncontested) 9. Letter from the Real Estate Division announcing a public hearing before the City Council on November 26, 1997 to consider the vacation of a portion of Cohansey Street south of Larpenteur Avenue. (File #19-1997) 10. Letter from the Real Estate Division announcing a public hearing before the City Council on November 26, 1997 to consider the vacation of a portion of the alley in Block 7 Humphry's Addition. (File #1-1997) 11. Letters from Saint Paul Fire/Division of Code Enforcement declaring 815 Charles Avenue, 951 Jessamine Avenue East, 1248 Laurel Avenue, 944 Lawson Avenue East, and 1035 Magnolia Avenue East as "nuisance properties" and setting date of Legislative Hearings for November 18, 1997, and City Council Hearings for November 26, 1997. 12. Letters from Saint Paul Fire/Division of Code Enforcement declaring 810 Concordia Avenue, 1774 Field Avenue, and 758 Lafond Avenue as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 13. Communication from Saint Paul Animal Control dated October 27, 1997 announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 14. Administrative Orders: D001359 Authorizing payment of$1,545.00 to Gabe's By The Park restaurant and Davanni's White Bear Avenue restaurant for providing meals for the Saint Paul Classic Golf Tournament D001360 Amending the 1997 budget in the Division of Parks and Recreation - Town Square Park to allow for transfer of funds for PC replacement program. D001361 Amending the 1997 budget in the Division of Parks and Recreation - Special Services to allow for transfer of funds for PC replacement program. D001362 Amending the 1997 budget in the Division of Parks and Recreation - Watergate Marina to allow for transfer of funds for PC replacement program. D001363 Amending the 1997 budget in the Division of Parks and Recreation - Special Projects to allow for transfer of funds for PC replacement program. D001364 Amending the 1997 budget in the Department of Public Works - Engineering Fund to allow for transfer of funds for PC replacement program. D001365 Amending the 1997 budget in the Department of Public Works - Administration Fund to allow for transfer of funds for PC replacement program. November 5, 1997 City Council Summary Minutes Page 3 D001366 Amending the 1997 budget in the Department of Public Works by transferring salary dollars for temporary employees to supplement staff in the design of 1998 Residential Street Paving projects. D001367 Amending the budget of the Community Development Block Grant Fund by moving funding from Commercial Rehabilitation to the Enterprise Leverage Fund. D001368 Addition of$11,019.08 to the contract for air conditioning for El Rio Vista/Neighborhood House and Margaret Recreation Center. D001369 Addition of$1,232.00 to the contract for skyway system painting (1996-97) at various downtown locations. D001370 Addition of$3,794.00 to the contract for Saint Paul Civic Center expansion, CP-4 Building Construction Multiscope - Parking Ramp Alternate A. Noted as on file in the City Clerk's Office 15. Resolution - 97-1309 - Approving the appointment of Kurt Schroeder, by Mayor Coleman, to the Bicycle Advisory Board. Adopted Yeas - 7 Nays - 0 16. Resolution - 97-1310 - Accepting a grant in the amount of$677,941 from the Department of Justice, Community Oriented Policing funding to build a new wireless data communication system for the Police Department. Adopted Yeas - 7 Nays - 0 17. Resolution - 97-1311 - Establishing a budget for the remainder of the 1996/1997 Safe & Sober Grant Program. Adopted Yeas - 7 Nays - 0 18. Resolution - 97-1312 - Establishing a budget for the Safe & Sober Grant Program from October 1, 1997 to December 31, 1997. Adopted Yeas - 7 Nays - 0 19. Resolution - 97-1313 - Approving payment of$2,778.05 to Lachandra Gums in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 20. Resolution - 97-1314 - Accepting report on the Design Section of the Office of License, Inspections and Environmental Protection and releasing contingency funds. Adopted Yeas - 7 Nays - 0 21. Resolution - 97-1315 - Allowing the City to repair defective sewer connections on private property or connect buildings to storm sewers on private property at the written request of the property owner and to assess the costs over a twenty year period. Adopted Yeas - 7 Nays - 0 November 5, 1997 City Council Summary Minutes Page 4 22. Resolution - 97-1316 - Increasing the 1997 Inflow/Infiltration project budget from Sewer Service Fund PFA loan revenues. Adopted Yeas - 7 Nays - 0 23. Resolution - 97-1317 - Amending the "General Policy Statement for the Construction of the St. Paul Skyway System." Adopted Yeas - 7 Nays - 0 24. Preliminary Order - 97-1318 - In the matter of condemnation and taking of temporary easements necessary for the Edgerton Street Bridge Construction Project, and setting date of public hearing for December 3, 1997. (File #18832-A) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION Council President Thune stated that Howard Golden, Director of the Multi-Family Division of the State Housing and Urban Development (HUD) Office was present to provide an update on HUD programs. Susan Kimberly, Southwest Team Leader from the Department of Planning and Economic Development, appeared and stated that Mr. Goldman would talk about projects that are at some level of stress. Mr. Goldman appeared and provided an extensive update on housing programs. (Thune and Bostrom left and returned during the discussion) Pam Wheelock, Department of Planning and Economic Development, said that HUD could be a partner in adding low income housing in Saint Paul. Council President Thune suggested staff draft policies regarding the preservation of affordable housing. If properties are taken off of the affordable list, the City should have a policy that requires replacement of any affordable housing before there is any City participation for those projects. Council President Thune stated discussion of this issue will be continued at the HRA meeting on November 12, 1997 in order to get an update on specific property, discussion on working with the new owners, options for the existing owner, and what the Council can do to affect low income housing. There will be continuing dialogue with Howard Goldman and HUD. November 5, 1997 City Council Summary Minutes Page 5 ORDINANCES 31. Final Adoption - 97-1167 - An ordinance amending the Saint Paul Legislative Code Chapter 166 by adding new sections creating a residential street permit parking district along Grand Avenue between Dale Street and Ayd Mill Road. (Amended and laid over from October 22) Council President Thune stated that a consensus had not been reached and he withdrew the ordinance in order to proceed with finding a workable solution. Withdrawn 32. First Reading - 97-1324 - An ordinance amending Chapters 116 and 135 of the Saint Paul Legislative Code to provide for regulation of private construction in the public right-of-way. Laid over to November 12 for second reading (Blakey left) PUBLIC HEARINGS 33. Third Reading - 97-1286 - An ordinance amending Ordinance No. 13537, adopted January 31 1967, pertaining to truck routes. No one appeared in opposition; laid over to November 12 for final adoption 53. Public hearing to consider the application of Maui Pacific, Inc. (Ramsey Hill Townhomes, 356- 376 Ramsey Street) for a preliminary and final plat to allow each new townhome currently under construction to be subdivided and sold as separate units and recorded with Ramsey County Records. Councilmember Megard moved a layover to November 12, 1997 and a continuation of the public hearing at the request of Council President Thune. Laid over to November 12 for continuation of public hearing Yeas - 6 Nays - 0 (Blakey not present for vote) 34. Third Reading - 97-1277 - Amending Chapter 27 of the Saint Paul Administrative Code by adding a Section 27.08 reflecting change in the residency ordinance enforcement resulting from arbitration award. (Substitute introduced on October 22) No one appeared; laid over to November 12 for final adoption 35. Resolution - 97-1325 - Approving application for an Off-Sale Malt License by Supervalu Holdings, Inc., dba Cub Foods, 1440 University Avenue West. (ID #31224) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) November 5, 1997 City Council Summary Minutes Page 6 36. Resolution - 97-1326 - Approving application for an Off Sale Malt, Cigarette & Grocery (C) License by Shong Thao, dba Hmong America Super Market, 861 Payne Avenue. (ID #89927) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) (Blakey returned) 37. Resolution - 97-1327 - Approving application for an On-Sale Malt and Wine On-Sale License by El Bravo, Inc., 538 Rice Street. (ID #19204) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 38. Resolution - 97-1328 - Approving application for an Auto Repair Garage License by Kuan Auto Repair, 1523 Como Avenue. (ID #19949) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 39. Resolution - 97-1329 - Approving application for an Auto Body Repair Garage License by Benson Aganmayo, dba P & B Auto Body Repair, 933 Atlantic Street. (ID #15580) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 40. Resolution - 97-1330 - Approving application for an Auto Repair Garage License by Greg VanWert, dba Denny's Radiator, 782 Rice Street. (ID #81727) No one appeared in opposition; Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 41. Resolution - 97-1331 - Approving application for an Auto Body Repair Garage License by Steve's Auto Body St. Paul, Inc., 877 Westminster Street. (ID #16761) No one appeared in opposition; Councilmember Collins moved approval. Adopted Yeas - 7 Nays - 0 43. Resolution - 97-1333 - Approving application for a Parking Lot/Ramp License by Healtheast-St. Joseph's Hospital, 69 West Exchange Street. (ID #88112) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 44. Resolution - 97-1334 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 765 Randolph Avenue and 986 Dale Street North. No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 November 5, 1997 City Council Summary Minutes Page 7 42. Resolution - 97-1332 - Approving application for an Auto Repair Garage License by Capitol Auto Repair, Inc., 525 7th Street East. (ID #41775) Councilmember Harris moved to introduce a substitute resolution and approval. Bob Kessler, Office License, Inspections, Environmental Protection, appeared and stated he was in agreement with the substitute. Substitute adopted Yeas - 7 Nays - 0 45. Resolution - 97-1335 - Ordering the owner to remove or repair the property at 951 Margaret Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to remove or repair the building provided a code compliance inspection is obtained and a $2,000 bond is posted by noon, November 5) Gerry Strathman, Legislative Hearing Officer, reported that the bond had been posted. Councilmember Morton moved approval of the Legislative Hearing Officer's recommendation. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 46. Resolution - 97-1336 - Ordering the owner to remove or repair the property at 1840 Minnehaha Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, stated that the property at 1840 Minnehaha Ave. E. is a Housing and Urban Development (HUD) property. HUD indicated they would like to market the property and requested a six months extension. Public Health staff was present and testified that they strongly opposed the request of HUD because the building was not suitable for rehabilitation. Mr. Strathman recommended proceeding with the order to remove or repair. Steve Estaban, 347 Parkview Lane, Maplewood, appeared and stated he is a potential buyer of the property. He felt it can be rehabilitated and that the reported list of problems with the house is inaccurate. The report states that the cost for rehabilitation is $50,000, but the main problem is a detached garage that needs to be replaced, he said. Mr. Estaban had estimates of approximately $6,000 for the garage. This house has a resale value of$50,000 to $55,000 and he stated that he can save the taxpayers money by rehabilitating it. Reneta Weiss, Public Health, appeared and stated that Mr. Estaban needs to post the $2,000 bond and obtain the permits to amend the resolution. Steve Estaban stated he has submitted a bid on the house. Eighty-five percent of the work required consists of cleaning, painting, fixing loose tile, etc. November 5, 1997 City Council Summary Minutes Page 8 Councilmember Morton stated she inspected the house from the outside and she would like to see the resolution approved. Council President Thune noted that Steve Estaban is not the property owner and the Council cannot negotiate with him. Mr. Estaban's option is to work out an agreement within 15 days with the owner and then the bond and permits would have to be taken out. Mr. Estaban responded that he will know on November 6 if his bid is accepted. Councilmember Morton moved a one week layover Laid over to November 12 Yeas - 7 Nays - 0 47. Resolution - 97-1337 - Ordering the owner to remove or repair the property at 694 Sims Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to remove or repair the building provided a code compliance inspection is obtained and a $2,000 bond is posted by noon, November 5) Gerry Strathman, Legislative Hearing Officer, reported that the $2,000 bond had been posted. Councilmember Bostrom moved approval of the recommendation of the Hearing Officer. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 48. Resolution - 97-1338 - Ordering the owner to remove or repair the property at 1421 York Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Councilmember Morton moved approval. Adopted Yeas - 7 Nays - 0 49. Appeal of William Bernie to a summary abatement order for property at 1094 East Seventh Street. (Legislative Hearing Officer recommends denying the appeal) Gerry Strathman, Legislative Hearing Officer, stated this was originally an abatement order ordering the property owner to remove discarded furniture, vehicle parts, scrap wood, building materials, household items, rubble, metal, and items of junk. Mr. Strathman circulated photos taken on October 15, 1997 which showed many of the materials still remaining. He recommended denying the appeal. William Bernie, property owner, appeared and stated he has a job shop in his yard for making roll bars for sports cars and he has two machines and forms for them. Gerry Strathman stated William Bernie has been operating a business in what is mainly a residential area. It is the type of enterprise that requires a lot of equipment and large devices along with pipe and other materials related to his business. Complaints were received from the neighbors, and outdoor storage of this type of apparatus in a residential area is prohibited by City ordinance. Mr. Strathman said he had suggested to Mr. Bernie at the Legislative Hearing that he November 5, 1997 City Council Summary Minutes Page 9 build a garage or a suitable facility for storage and Mr. Bernie said he was considering it. Mr. Bernie stated he is in the process of building a high fence on one side. Councilmember Morton asked whether there was room in the garage to store the materials. William Bernie responded that there is but it is inconvenient because the forms are so large. The public hearing was closed. Councilmember Morton moved to deny the appeal and that Mr. Bernie, Gerry Strathman and she meet together to discuss the matter of how the materials can be better stored. Appeal denied Yeas - 7 Nays - 0 50. Appeal of Lennis Baas to a summary abatement order for property at 1160 Conway Street. (Legislative Hearing Officer recommends denying the appeal) No one appeared in opposition; Councilmember Morton moved to deny the appeal. Appeal denied Yeas - 7 Nays - 0 51. Resolution Ratifying Assessment - 97-1339 - In the matter of condemning and taking a temporary construction easement for the improvement of Swede Hollow Park. (File #18862) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 52. Resolution - 97-1340 - Vacating the North-South and East-West alleys in Block 1, Bernheimer's Addition to eliminate through traffic Peter White, Real Estate, appeared and requested that the public hearing be laid over to November 26. Councilmember Bostrom moved to lay over. Laid over to November 26 Yeas - 7 Nays - 0 25. Resolution - 97-1319 - Recognizing November 6, 1997 as Day of Concern About Young People and Gun Violence. Councilmember Megard stated she is a member of the Gun Violence Action Team and this is the beginning of a nationwide effort to raise awareness among young people about gun violence. Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 November 5, 1997 City Council Summary Minutes Page 10 26. Resolution - 97-1320 - Approving STAR Board recommendations for Cycle 3, Neighborhood STAR Program. Amy Filice, Planning and Economic Development, appeared to answer questions. Council President Thune asked that Items #97-120 be removed from the recommendations and brought back to the Council at another time. Councilmember Blakey moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 27. Resolution - 97-1321 - Designating the Port Authority as the lead agent for the E.D.A. project for Williams Hill. Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 28. Resolution - 97-1322 - Encouraging the State Department of Revenue to find a good reuse of the Dahl house and encouraging Minnesota Mutual to consider the possibility of incorporating the Cardozo building into its new project. (Thune left; Vice President Blakey assumed the chair) Aaron Rubenstein, Office of License, Inspections and Environmental Protection, presented a history of the Dahl house and the Cardozo building and suggested other possible locations for these buildings. Mr. Rubenstein showed slides of the buildings to the Council. James Sazevich, 454 N. Smith Avenue, historian and a preservationist responsible for many listings of historic places throughout the State of Minnesota, appeared. He indicated that it was his work in 1975 that identified the Dahl house and was able to get it listed in the National Register of Historic Places. Mr. Sazevich urged the City Council to take a leadership role in the preservation of the Dahl house. Margaret Marrinan, member of the Ramsey County Historical Society, appeared and thanked the Council for its continuing support. This is not a mansion, but it testifies to the enduring spirit to the common person, she said. The Historical Society would like to keep the Dahl house in its present location but, regardless, they would act as agents for monies from the State. Councilmember Blakey moved approval and said he would like this resolution sent to the Governor and others at the State who are interested in keeping the Dahl house at its present location. Councilmember Collins spoke in support of renovating the house but felt it would be better suited for another site. November 5, 1997 City Council Summary Minutes Page 11 Councilmember Blakey moved to amend the resolution by removing all language pertaining to the Cardozo building. Adopted as amended Yeas - 4 Nays - 3 (Bostrom, Collins, Morton) 29. Resolution - 97-1323 - Approving funding of the City's 1997 portion of the costs for the design and construction of a new RiverCentre arena. Councilmember Bostrom moved approval. Councilmember Megard moved a three month layover indicating that this is an expenditure of funds for the new arena and the funding should not be approved at this time because the City does not have the money for the arena. Councilmember Harris asked what the money will be used for. Joe Reid, Budget Office, appeared and responded the money is being used for the predesign of the arena. The plan is for the City and the ownership group to participate equally in the predesign costs which are estimated to be between $300,000 to $400,000 for each. The City would issue $30 million of short term notes in January. The City and the team would split the cost of the project. Sixty-five million dollars will come from the State, $30 million from the City, and $35 million from the team. Councilmember Harris said he would like an additional week or two to receive more details on this. Councilmember Blakey stated he supports the layover because the special legislative session is not over yet. Joe Reid stated the design and schematics have to be in place soon so it is important that it is not delayed. Councilmember Morton spoke against the layover saying the Council has received ample information. Councilmember Megard responded that if the grant does not come through from the State, the next Council will be facing a $1.2 billion debt service. The cost of the arena is doubling from what was presented to the Council previously. Councilmember Blakey asked if the $375,000 will come from general fund. Joe Reid responded in the affirmative and said it will be refunded from the bond sale Pam Wheelock, Department of Planning and Economic Development, appeared and stated the City entered into a legally binding agreement and to delay the project only adds cost because the arena has to be finished before play begins. The issue does not change if the Council waits because the building still has to be designed and it is more costly to make up time during construction. Councilmember Harris stated there is no information as to who is controlling the funds and other questions that have been raised. Councilmember Bostrom stated he was willing to accept a one week layover. Laid over to November 12 Yeas - 6 Nays - 1 (Blakey) November 5, 1997 City Council Summary Minutes Page 12 30. Report by the Administration on a plan to identify current and future job opportunities with the City and how individuals moving off welfare may be identified and trained to fill these position. (Requested on October 8, C.F. 97-1243) Councilmember Blakey moved a one week layover at the request of John Hamilton, Office of Human Resources. Laid over to November 12 Yeas - 7 Nays - 0 Suspension Item Councilmember Megard moved for suspension of the rules to introduce the following resolution: Yeas - 7 Nays - 0 Resolution - 97-1341 - Requesting City Council policy discussion about future use of the Website. Councilmember Megard stated she is concerned about the use of the City's web site for posting certain police arrests. She suggested the Council discuss this issue in a policy meeting and requested the Administration suspend using the web site to post arrests due to pending lawsuits. Councilmember Blakey spoke against Councilmember Megard's suggestion stating the Frogtown neighborhood has been besieged with prostitution and loitering and they have been working hard to rid the neighborhood of this problem. Councilmember Bostrom stated when someone is arrested, it is a matter of public record. Gerry Hendricks, Assistant City Attorney, concurred noting that information on the web site is public information. Councilmember Megard stated she brought this issue in because she is concerned about liability to the City. Failed Yeas - 1 Nays - 6 (Blakey, Bostrom, Collins, Harris, Morton, Thune) Councilmember Blakey moved to adjourn the meeting. 1ADJO_ RNED AT 6:05 P.M. 444;49,&— aniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anfle son \ `C>. \\ ct c\g Assistant Council Secretary rn/mce N 0 N N a `O l=. NA w 11-4 M U a � a F c.A