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Approved Minutes 1-17-1996 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 17, 1996 - 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 Council President Thune. Present - 6 - Councilmembers Blakey, Bostrom, Guerin, Megard, Rettman, Thune Absent - 1 - Councilmember Harris (Excused) CONSENT AGENDA Councilmember Bostrom requested Item #11 be removed for discussion. Councilmember Rettman requested Items #16, 18, and 19 be removed for discussion. Council President Thune requested Item #21 be removed for discussion. Councilmember Bostrom moved approval of the consent agenda as amended. Roll Call Yeas - 6 Nays - 0 FOR ACTION 1. Approval of minutes of September 27, 1995. Adopted Yeas - 6 Nays - 0 2. Claims of Javis D. Adams, Suzanne Amundson, Gail Christian, Paul Shepard Draughn, Florence Farnham, Scott Gallagher, Wendi Rodewald, Zachary Branca Smith, E. Donald Vasquez, and Frances J. Wistraill. Referred to the City Attorney's Office 3. Seven (7) Petitions in Condemnation and Motion for Transfer of Title for the Arlington Jackson Redevelopment District in the matter of the Port Authority of the City of Saint Paul vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on January 24, 1996, on ordinances to extend the existing Northern States Power Company gas and electric franchises for an additional three month period beginning April 1, 1996, and ending June 30, 1996. January 17, 1996 City Council Summary Minutes Page 2 5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on February 9, 1996, 9:30 a.m., Room 41 City Hall/Courthouse, to consider adverse action against licenses held by Abed A. Wazwaz, dba Adam's Dairy #2, 601 North Dale Street. 6. Letter from the Real Estate Division announcing a public hearing before the City Council on February 7, 1996, to consider a petition of Truth Hardware to vacate the alley in Block 26, Kittson's Addition to provide for the expansion of the petitioner's parking lot. 7. Letter from Ramsey County Records and Revenue dated January 8, 1996, requesting a reduction in assessed valuation for property located at 560 Randolph Avenue, Abatement Application AC95-4794. 8. Communication from St. Paul Animal Control dated January 8, 1996, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 9. Administrative Orders: D00805 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper spending authority for anticipated year-end salaries and various expenditures. D00806 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper spending authority for anticipated year-end salary expenditures. D00807 Amending the 1995 budget in the Division of Parks and Recreation to allow for additional travel expenses to various community education conferences. D00808 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper spending authority for fringe benefit expenditures. D00809 Amending the 1995 budget of the Civic Center Operating Fund for consultation fees for computer work and box office set-up and construction. D00810 Addition of $223,687.46 to the contract for Civic Center Expansion, CP-1 demolition, excavation and bridge construction-parking ramp excavation Alternate A. D00811 Amending the 1995 budget in the Police Department by transferring $14,000 for the purchase and installation of an Energy Management System for the East District building. D00812 Addition of$58,261.10 to the contract for Civic Center Expansion, CP-1 demolition, excavation and bridge construction. D00813 Amending the 1995 budget in the Division of Citywide Information Services by transferring funds between object codes. D00814 Amending the Capital Improvement Projects budget in the Accounting Division by reducing capital project budgets to actual costs and revenues. January 17, 1996 City Council Summary Minutes Page 3 D00815 Amending the 1995 budget in the Accounting Division/P.I.R. Fund to reflect proper amounts at the major object level. Noted as on file in the City Clerk's Office 10. Resolution - 96-47 - Approving the appointment of Patrick J. Donohue and the reappointments of Valerie Liston and Gladys Morton, by Mayor Coleman, to the Board of Zoning Appeals. (To be laid over one week for adoption) Laid over to January 24 for adoption 11. (Discussed later in the meeting) 12. Resolution - 96-48 - Approving the 1995-1997 Agreement between Independent School District No. 625 and the Operative Plasters Local Union No. 265. (To be laid over one week for adoption) Laid over to January 24 for adoption 13. Resolution - 96-49 - Approving the 1995-1997 Agreement between Independent School District No. 625 and the Minnesota Cement Masons, Plasterers and Shophands Local No. 633. (To be laid over one week for adoption) Laid over to January 24 for adoption 14. Resolution - 96-50 - Approving the 1995-1997 Agreement between Independent School District No. 625 and Carpenters District Council of Minnesota of United Brotherhood of Carpenters and Joiners of America. (To be laid over one week for adoption) Laid over to January 24 for adoption 15. Resolution - 96-51 - Approving the list of eligible organizations for the 1996 Charitable Gambling 10% Club. Adopted Yeas - 6 Nays - 0 16. (Discussed later in the meeting) 17. Resolution - 96-53 - Authorizing the City to accept funds in the amount of$30,000 from the U.S. Department of Justice to provide truancy reduction services for a-risk youth. Adopted Yeas - 6 Nays - 0 18. (Discussed later in the meeting) 19. (Discussed later in the meeting) 20. Resolution - 96-56 - Amending the Capital Project Budgets to facilitate close-out of projects and transfer of surplus funds to contingency. Adopted Yeas - 6 Nays - 0 January 17, 1996 City Council Summary Minutes Page 4 21. (Discussed later in the meeting) 22. Preliminary Order - 96-58 - In the matter of improving the Concord/Congress intersection, and setting date of public hearing for March 13, 1996. (File #18813) Adopted Yeas - 6 Nays - 0 23. Preliminary Order - 96-59 - In the matter of improving Humboldt Avenue between George Street and Robie Street, and setting date of public hearing for March 13, 1996. (File #18814) Adopted Yeas - 6 Nays - 0 24. Preliminary Order - 96-60 - In the matter of construction and/or repair of sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with improving Humboldt Avenue between George Street and Robie Street, and setting date of public hearing for March 13, 1996. (File #18814-Conn) Adopted Yeas - 6 Nays - 0 25. Preliminary Order - 96-61 - In the matter of improving Wabasha Street between Concord Street and Congress Street, and setting date of public hearing for March 13, 1996. (File #18815) Adopted Yeas - 6 Nays - 0 26. Preliminary Order - 96-62 - In the matter of construction and/or repair of sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with improving Wabasha Street from Concord Street to Congress Street, and setting date of public hearing for March 13, 1996. (File #18815-Conn) Adopted Yeas - 6 Nays - 0 11. Resolution - 96-25 - Amending Civil Service Rule 2, Definitions, to make them a more complete reference for users. (Laid over from January 10 for adoption) Councilmember Bostrom moved for a two week lay over. Laid over to January 31 Yeas - 6 Nays - 0 16. Resolution - 96-52 - Approving cancellation of registered bill in the amount of$3,345.84 for boat storage by David Fearing at Watergate Marina. Councilmember Rettman requested an amendment be made to the resolution stating that any dollars gained from dismantling the boat and selling parts should go into the general fund rather than the enterprise fund. January 17, 1996 City Council Summary Minutes Page 5 Council President Thune felt it should be left as is because the operation is funded by storage rental and money received from any sales should be put back into that fund. Councilmember Blakey asked if stipulations will be put in place to not do business with Mr. Fearing in the future. Council President Thune accepted a friendly amendment that the Marina be directed not to do business with Mr. Fearing until his bill is paid. Councilmember Megard moved approval as amended. Adopted as amended Yeas - 5 Nays - 1 (Rettman) 18. Resolution - 96-54 - Adopting the proposed Saint Paul Polluted Lands Cleanup Program Guidelines and executing a grant and loan agreement between HUD and the City of Saint Paul for expenditure of EDI and Section 108 loan funds. Councilmember Rettman moved to lay over one week. Laid over to January 24 Yeas - 6 Nays - 0 19. Resolution - 96-55 - Establishing a Strategic Investment Living Wage Task Force. Councilmember Rettman stated that newspaper articles have given some illusion that there may already be a conceptual design of the dollar amount that would be attempted to be arrived at. She felt it should be stated in the resolution that it is not predetermining any outcome. Councilmember Guerin pointed out the last "resolve" of the resolution states that recommendations will be brought back to Council. At that time Council can vote yes or no on the recommendations. Therefore, he felt there was no reason to make a change at this time. Throughout the resolution it talks about certain base levels, living wage, etc. Councilmember Rettman stated. She said she does not want this to be a "back door approach" to Minneapolis and Saint Paul setting a minimum wage that is different than the rest of the area. Councilmember Bostrom moved to amend the resolution to add language that there are no predetermined outcomes. Councilmember Guerin moved approval as amended. Adopted as amended Yeas - 6 Nays - 0 January 17, 1996 City Council Summary Minutes Page 6 21. Resolution Approving Assessment - 96-57 - In the matter of condemning and acquiring permanent right-of-way easement and temporary construction easements in connection with construction of the new Wabasha Street Bridge and the new Navy (Raspberry) Island Bridge, and setting date of public hearing for February 21, 1996. (File #18794E) Council President Thune presented a substitute resolution with a change in the legal description. Councilmember Rettman moved for suspension of the rules to introduce the substitute resolution. Roll Call Yeas - 6 Nays - 0 Councilmember Rettman moved approval of the substitute. Substitute introduced and adopted Yeas - 6 Nays - 0 FOR DISCUSSION 27. Resolution - 95-1519 - Ordering the owner to remove or repair the building located at 899 Johnson Parkway within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from December 27, 1995) Councilmember Guerin noted that the owner has received the necessary permits and expects to complete the work by February 1, 1996. Due to financial constraints, bond has not been posted. He moved to lay the resolution over for 30 days to allow time for completion of the rehabilitation. Gerry Strathman, Legislative Hearing Officer, stated that this is a good structure that is in the final stages of rehabilitation. Some procedures were not properly followed which is the reason an order was issued. Mr. Strathman agreed with Councilmember Guerin's recommendation. Laid over to February 14 Yeas - 6 Nays - 0 ORDINANCES 28. Final Adoption - 95-1444 - An ordinance amending Sections 60.462, 60.512 through 60.514, 61.101, 62.103(g) and 65.501 through 65.509 of the Saint Paul Legislative Code pertaining to Zoning. (Amended and laid over from January 10) Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 January 17, 1996 City Council Summary Minutes Page 7 29. Second Reading - 96-33 - An ordinance extending the NSP gas franchise from March 31, 1996, to June 30, 1996. Laid over to January 24 for third reading/public hearing 30. Second Reading - 96-34 - An ordinance extending the NSP electric franchise from March 31, 1996, to June 30, 1996. Laid over to January 24 for third reading/public hearing PUBLIC HEARINGS 31. Resolution - 96-37 - Approving application for a Dance or Rental Hall License by National Guard Armory East St. Paul, 1530 Maryland Avenue East. (ID #45879) (Laid over from January 10) Councilmember Bostrom withdrew the resolution at the request of the applicant. 32. Resolution - 96-63 - Approving application for a Dance or Rental Hall License by National Guard Armory, 600 Cedar Street. (ID #16550) Councilmember Bostrom withdrew the resolution at the request of the applicant. 33. Resolution - 96-64 - Approving applic+ction for an On Sale Malt (3.2) and Restaurant-B License by D & M Tuscany, Inc., dba Monda's Restaurant, 1047 Hudson Road. (ID #38906) No one appeared in opposition; Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 34. Resolution - 96-65 - Approving application for an Off Sale Malt License by Su Supermarket, Inc., dba Minni Market (Pamela Su), 2019 Minnehaha Avenue East. (ID #49193) Councilmember Guerin withdrew the resolution at the request of the applicant. 35. Public hearing to consider the application of Multi-Clean (Pet Food Warehouse) to rezone property from P-1 (parking) and I-1 (light industrial) to B-2 (community business) to allow construction of a Pet Food Warehouse retail store at 2277 Ford Parkway. Councilmember Guerin moved to layover one week on behalf of Councilmember Harris. Laid over to January 24 Yeas - 6 Nays - 0 January 17, 1996 City Council Summary Minutes Page 8 36. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Rozenkranz Industries, Inc., dba Rosey's Coffeehouse, 613 Grand Avenue West. John McCormick, Assistant City Attorney, stated that this was an adverse hearing against Rosey's Coffeehouse. A hearing was held before an Administrative Law Judge and recommendations were submitted by the ALJ. Mr. McCormick told Council that after reviewing the record and listening to the attorneys and/or licensee at this time, the Council may reject, modify, or adopt the findings of fact or recommendations. If changes are made, they should be based on facts in the record. Stephen Christie, Assistant City Attorney representing the Office of License, Inspections and Environmental Protection (LIEP), stated Rosey's Coffeehouse is located in a predominantly residential neighborhood which was of concern to neighbors and license inspectors due to a long history of complaints against the coffeehouse. The city takes no exceptions to the findings of the administrative law judge. The substance of the allegations at the ALJ hearing was not denied by the license holder. They maintained that they have turned the problems around and are operating in a much better fashion due to new management. The administrative law judge acknowledged that there is reason to believe that improvements have and will be made by the establishment. However, the ALJ maintained that past wrongs must be punished. LIEP requested 3 days suspension with 2 days stayed; the ALJ recommended a 2 day suspension of operations. LIEP now supports the All recommendation. The ALJ further recommended that a responsible person be on duty at all times that the coffeehouse is open. Mr. Christie noted that owner Jeff Rozenkranz is suffering with a terminal illness and was unable to be present at the ALJ hearing. The All recommended that the coffeehouse be responsible for sweeping and/or shoveling an area of 100 ft. on each side of the building. This is a main concern of neighbors who testified that they often cleaned up the litter themselves. LIEP requested that the cost of the ALJ hearing in the amount of $2,093.70 be imposed on Rosey's due to the fact that they did not contest the facts of allegations and a hearing could have been avoided. LIEP further requested a condition be imposed that there be no sidewalk cafe as long as the business remains under the current licensee. Michael Rozenkranz, father of Jeff Rozenkranz, confirmed that his son is terminally ill and he will be trying to sell the business. However, if the business was shut down for two days, leaving eight people out of work, it would be an extreme hardship. He indicated that January 17, 1996 City Council Summary Minutes Page 9 the problems no longer exist and there have been no complaints for the last seven to eight months. The problems existed with a previous owner, Rozenkranz stated. He disputed the condition of requiring sidewalk cleaning within 100 ft. especially when there will no longer be an outside cafe. Mr. Christie responded that the recommended action is for incidents that took place from June through August. They did not present the full history of the coffeehouse. He suggested if Council is concerned about the financial problems, consideration could be given to reducing the closure penalty from two days to one day but still impose the cost for the hearing. Council President Thune questioned if the owner or his representative was aware of the fact that they would be charged for the ALJ hearing if they went forward with it. Mr. Christie responded that the options were presented but they were not told they may be charged. He said they were not trying to punish Rosey's but city ordinances provide for imposition of costs in a limited number of circumstances. It is felt that this is one of those circumstances. Councilmembers Blakey and Rettman moved to close the public hearing. Roll Call Yeas - 6 Nays - 0 Council President Thune agreed with the recommendation that a responsible person be on duty at all times, cleaning the walk 100 ft in all directions, and 2 days suspension, but indicated he would be willing to cut the ALJ costs in half. Councilmember Blakey concurred with Thune but indicated he felt outdoor seating should be allowed. Councilmember Megard asked for clarification on re-applying for a license. Mr. Christie responded that the current license is under the corporate ownership of Rozenkranz Industries. Licensing asked that they be required to re-apply for the license and the ALJ did not address that. LIEP would not necessarily want the business to change ownership but that there be a re-application with a new, responsible business manager. Councilmember Bostrom felt there should be a time certain for cleaning the sidewalk, and Councilmember Thune said he would urge that the sidewalk be cleaned daily. There have been many cases of serious violations against bars before the City Council, Councilmember Guerin said, and fines have not been imposed. He did not feel Council was being fair with this case as the suggested fine is too severe and does not show consistency. January 17, 1996 City Council Summary Minutes Page 10 Councilmember Rettman moved to adopt the findings of facts and conclusions, and modify the recommendations of the Administrative Law Judge as follows: two days suspension of operation; responsible person be on duty at all times that the coffeehouse is open; that the coffeehouse be responsible for daily sweeping the area of 100 feet on each side of the coffeehouse and shoveling of coffeehouse property; no sidewalk business allowed under present licensee; and impose $500 for Administrative Law Judge costs. Adopted Yeas - 6 Nays - 0 Suspension Items Councilmember Rettman moved for suspension of the rules and approval of the following resolution: Resolution 96-66 - Settling claim of Wendi Rodewald in the amount of$6,912.38. Adopted Yeas - 6 Nays - 0 Councilmember Megard moved for suspension of the rules to introduce the following resolution: Roll Call Yeas - 6 Nays - 0 Resolution 96-67 - Urging the Legislature to amend Minnesota Statutes, Section 270A to utilize the Revenue Recapture Act to collect St. Paul Public Library unpaid fines and unreturned materials. Council President Thune stated that other county library systems have an arrangement with the State where the cost of library books that are not returned or books that are stolen is deducted from the individual's tax refund and the libraries are reimbursed. A change in statute is required to enact this. Councilmember Rettman questioned the need for this request since St. Paul is a Home Rule Charter City. Councilmembers Megard and Rettman requested that information be provided as to why it has to be handled in this way. Council President Thune indicated he would provide information to all Councilmembers. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 January 17, 1996 City Council Summary Minutes Page 11 Resolution Recalled from Committee Councilmember Guerin moved to recall the following resolution from the Intergovern- mental Relations Committee to be placed on the January 24 City Council agenda: Resolution - 95-1516 - Supporting State legislation establishing a system of checks and balances in the governance of the HRA between the Commissioners of the HRA and the Mayor. Roll Call Yeas - 6 Nays - 0 0 Councilmember Megard moved to adjourn the meeting. . i ` ' ' DA' 4:45P.M. ik D.vid - s ' esident ATTEST: -AN Minutes approved by Council Nancy Ande on A, . r \A'A L Assistant Council Secretary