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Approved Minutes 2-7-1996 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February 7, 1996 - 3:30 PM PUBLIC HEARINGS AT 5:00 P.M. 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 - 7 - Councilmembers Blakey, Bostrom, Guerin, Harris, Megard, Rettman, Thune Absent - 0 CONSENT AGENDA Councilmember Megard requested Items 9 and 10 be removed for discussion. Councilmember Rettman requested Item 21 be removed for discussion. Councilmember Bostrom moved approval of the consent agenda as amended. Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of January 24 and January 3+ 17, 1996. Adopted Yeas - 7 Nays - 0 2. Claims of Susan Berkovitz, Matt Beumer, Leobia Bland, Peter Fox, Amy and Daniel Kline, and Lili Schlosser. Referred to the City Attorney's Office 3. Letter from the Division of Public Health declaring 292-294 Aurora Avenue, 527 Bidwell Street, 883 Third Street East, and 894 York Avenue as "nuisance properties", and setting date of Legislative Hearing for February 20, 1996, and City Council Hearing for February 28, 1996. 4. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on February 28, 1996, to consider the appeal of Amin Lotfalla, to a decision of the Board of Zoning Appeals denying a variance of the minimum lot size and width requirement in order to continue the use of the property as a duplex at 489 View Street. 5. Communication from Saint Paul Animal Control dated January 29, 1996, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. February 7, 1996 City Council Summary Minutes Page 2 6. Administrative Orders: D00827 Addition of$4,958.88 to the contract for the remodeling and addition to the Highland Branch Library. D00828 Addition of$16,540.68 to the contract for rebuilding the water tunnel, site light fixtures at Wilkins Auditorium, and sidewalk work for the Saint Paul Civic Center expansion. D00829 Addition of$75,382 for constructing two box offices at Seventh Street for the Saint Paul Civic Center expansion. D00830 Addition of$40,158.38 for connecting reinforced concrete pipe to ventilation system for the Saint Paul Civic Center expansion. D00831 Addition of $3,344 for adding a motorized damper in emergency generator room for the Saint Paul Civic Center expansion. D00832 Addition of $6,469.77 for revising bridge for Minnesota Club connection with the Saint Paul Civic Center expansion. Noted as on file in the City Clerk's Office 7. Resolution - 96-92 - Approving the appointment of David Hall, by Mayor Coleman, to the Mayor's Advisory Committee for People With Disabilities. (Laid over from January 31 for adoption) Adopted Yeas - 7 Nays - 0 8. Resolution - 96-93 - Approving the appointment of Earl F. Kyle, IV, by Mayor Coleman, to the Saint Paul Human Rights Commission. (Laid over from January 31 for adoption) Adopted Yeas - 7 Nays - 0 9. (Discussed later in the meeting) 10. (Discussed later in the meeting) 11. Resolution - 96-112 - Approving the reappointment of David Lanegran, by Mayor Coleman, to the Capitol Area Architectural and Planning Board. (To be laid over one week for adoption) Laid over to February 14 for adoption 12. Resolution - 96-113 - Approving the appointments of Charles Skrief and Barbara Larson and the reappointments of Robert Frame, III and Rick Hauser, by Mayor Coleman, to the Heritage Preservation Commission. (To be laid over one week for adoption) Laid over to February 14 for adoption February 7, 1996 City Council Summary Minutes Page 3 13. Resolution - 96-114 - Approving the reappointments of Elna Avey, Rachael Campbell, Tim Gusk and Susan Smith-Cunnien, by Mayor Coleman, to the Hubert H. Humphrey Job Corps Center Neighborhood Advisory Committee. (To be laid over one week for adoption) Laid over to February 14 for adoption 14. Resolution - 96-115 - Approving the appointments of Dianne Siegal, Patrick Xaphakdy and Jeff Dufresne, by Mayor Coleman, to the New Americans Advisory Committee. (To be laid over one week for adoption) Laid over to February 14 for adoption 15. Resolution - 96-95 - Approving the 1994 - 1996 Agreement between the City of Saint Paul and the American Federation of State and County Employees, Local 3757 - Legal. (Laid over from January 31 for adoption) Adopted Yeas - 7 Nays - 0 16. Resolution - 96-96 - Approving the June 1, 1994 - May 31, 1997 Agreement between the City of Saint Paul and the International Union of Elevator Constructors, Local 9. (Laid over from January 31 for adoption) Adopted Yeas - 7 Nays - 0 17. Resolution - 96-97 - Approving the 1994 - 1995 Memorandum of Agreement between the City of Saint Paul and the Operative Plasterers and Cement Masons International Association, Local 633. (Laid over from January 31 for adoption) Adopted Yeas - 7 Nays - 0 18. Resolution - 96-98 - Approving the May 1, 1994 - April 30, 1997 Agreement between the City of Saint Paul and the Sheet Metal Workers International Association, Local 10. (Laid over from January 31 for adoption) Adopted Yeas - 7 Nays - 0 19. Resolution - 96-116 - Settling claim of Agata Roscoe in the amount of $3,818.76. Adopted Yeas - 7 Nays - 0 20. Resolution - 96-117 - Settling claim of Bill Hawj in the amount of$18,000. Adopted Yeas - 7 Nays - 0 22. Resolution - 96-119 - Granting the property owner at 971 St. Anthony Avenue a six month extension of time from February 18, 1996, to August 18, 1996, to obtain a Certificate of Code Compliance. Adopted Yeas - 7 Nays - 0 February 7, 1996 City Council Summary Minutes Page 4 23. Resolution - 96-120 - Requesting that the Administration does not charge the organizers of the Winter Carnival any fee for temporarily restricting the parking on Cedar Street. Adopted Yeas - 7 Nays - 0 24. Resolution - 96-121 - Authorizing and directing the proper City officials to submit a letter of request to 3M for in-kind support for the Saint Paul Police Graffiti, Inc. Program. Adopted Yeas - 7 Nays - 0 25. Resolution - 96-122 - Authorizing Chief William Finney, Saint Paul Police Department, to collaborate with the Amherst H. Wilder Foundation, Ounce of Prevention Grant for the Frogtown Youth Information System Project. Adopted Yeas - 7 Nays - 0 26. Resolution - 96-123 - Realigning CDBG and CIB funding for the previously approved Boys and Girls Club improvements and the Carty Park projects. Adopted Yeas - 7 Nays - 0 27. Resolution - 96-124 - Accepting a grant in the amount of$15,000 from the State of Minnesota, Office of Drug Policy and Violence Prevention for the 1996 and 1997 Saint Paul Police Department's Graffiti Program. Adopted Yeas - 7 Nays - 0 28. Resolution - 96-125 - Accepting a grant in the amount of$37,700 from the State of Minnesota, Department of Children, Families and Learning, for the Saint Paul Police Department's Cops `N Kids Program. Adopted Yeas - 7' Nays - 0 29. Resolution - 96-126 - Accepting a grant in the amount of$199,769 from the State of Minnesota, Office of Drug Policy and Violence Prevention, for the Saint Paul Police Department to hire school liaison officers. Adopted Yeas - 7 Nays - 0 30. Resolution - 96-127 - Releasing the utility easement of U.S. West located at Davis Street between Wabash Avenue to Cleveland Avenue in Hewitt's Outlots First Division. Adopted Yeas - 7 Nays - 0 31. Resolution - 96-128 - Finalizing City Council action taken on January 17, 1996, concerning adverse action against licenses held by Rozenkranz Industries, Inc., dba Rosey's Coffeehouse, 613 Grand Avenue. Adopted Yeas - 7 Nays - 0 February 7, 1996 City Council Summary Minutes Page 5 32. Resolution Approving Assessment - 96-129 - Ratifying condemnation and awarding the damages for a permanent bridge easement taken as part of the construction of the Wabasha Street Bridge, and setting date of public hearing for February 28, 1996 (File #18794E) Adopted Yeas - 7 Nays - 0 33. Resolution Approving Assessment - 96-130 - In the matter of the assessment of benefits, cost and expenses for boardings-up of vacant building for September, 1995 (J9603B) and October, 1995 (J9604B) and summary abatements (property clean-up, snow removal and/or sanding walks) from mid-October, 1995, to January 5, 1996 (J9604A) and setting date of public hearing for April 10, 1996. Adopted Yeas - 7 Nays - 0 9. Resolution - 96-94 - Approving the appointments of Lydia Belair and Michael Sharpe and reappointments of Willetha Carter, Joyce Maddox, Dave McDonell, Imogene Treichel, Barbara Wend and Mark Vaught, by Mayor Coleman, to the Saint Paul Planning Commission. (Laid over from January 31 for adoption) Councilmember Megard stated the Planning Commission is established by state statute and there are no qualifications listed in the Administrative Code for Planning Commission appointments. She noted that Michael Sharpe, who is recommended for appointment, does not live in the City of Saint Paul. She expressed concern that a 20 year tradition of having Planning Commission members be city residents is being altered. She recalled that at least two individuals were asked to step down in the past when they moved out of the city. She feels there are qualified city residents to serve on the Planning Commission. Councilmember Harris moved approval of the resolution. Councilmember Megard moved to amend the resolution by deleting Michael Sharpe. Councilmember Rettman recalled being at district council meetings where the Mayor made presentations and said district councils could submit names for the Planning Commission and the Mayor would make selections. She questioned Councilmember Megard whether Mr. Sharpe's name was submitted by a district council. Megard responded she did not know who submitted the recommendation. Councilmember Rettman said something she felt the city tried to do was make sure there was representation from businesses on various committees. Some of the metro groups have members who are Saint Paul residents even though they are located outside the city. Mr. Sharpe is Director of Business Development for United Hospitals and Councilmember Harris noted that the hospital has been a significant contributor to the economy of Saint Paul. The hospital is in the midst of a large expansion and has made a commitment to serve the people of Saint Paul. Harris pointed out that Mr. Sharpe plays an active role in February 7, 1996 City Council Summary Minutes Page 6 various Saint Paul groups. Councilmember Blakey said there are many businesses, large and small, in Saint Paul that contribute to the city's economy and the proprietors are city residents also. He feels they should be given first opportunity to serve on the Planning Commission. Council President Thune supported removing the name and requested the administration provide information on the history of appointments, including whether there are any legal requirements involved. Roger Curtis, Mayor's Office, stated a letter was received from Allina Health Systems requesting the Mayor appoint Michael Sharpe to represent them in the city. Mr. Curtis said when ads are placed for applications for appointments, press releases are sent to approximately 700 locations city-wide. Councilmember Megard clarified she does not know Mr. Sharpe and it is not a personal issue with her but rather a residency issue. Vote on the resolution as amended Yeas - 3 Nays - 4 (Bostrom, Guerin, Harris, Rettman) Failed Vote on the original resolution Adopted Yeas - 7 Nays - 0 10. Resolution - 96-111 - Approving the appointment of Luci Botzek, by Mayor Coleman, to the Business Review Council. (To be laid over one week for adoption) Councilmember Megard noted with this appointment there would be more individuals from the suburbs than from the city serving on the Business Review Council. Councilmember Rettman requested Roger Curtis of the Mayor's Office, provide information by the February 14th meeting on the appointments to this Council. Laid over to February 14 for adoption 21. Resolution - 96-118 - Settling claim of Dean McAdams, as trustee for the heirs and next of kin of Vong Lee, in the amount of $40,000. Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 1 (Rettman) February 7, 1996 City Council Summary Minutes Page 7 FOR DISCUSSION 34. Resolution - 96-131 - Supporting the Bridgestone/Firestone workers by not purchasing any Bridgestone/Firestone products until labor dispute is settled. Councilmember Megard moved approval. Councilmember Bostrom presented an amendment further clarifying the request to not purchase Bridgestone/Firestone products. Councilmember Bostrom moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 35. Administrative Order: D00824 Amending the 1996 budget in the Finance and Management Services Department, Citywide Information Services, to provide additional assistance by temporary employees for local area network and personal computer support. (Laid over from January 31) Councilmember Rettman had a concern about the use of temporary employees. She said she has been assured by the Budget Office that this is only to install micro computers. Noted as on file in the City Clerk's Office 36. 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. (Laid over from January 24) Councilmember Guerin moved to lay over three weeks. Laid over to February 28 Yeas - 7 Nays - 0 37. Resolution - 95-1392 - Initiating a Performance Audit Program for all City departments and offices. (Referred to City Council Organizational Meeting on November 29) Councilmember Megard moved to amend the resolution by adding a time line for completion of the performance audit plan and lay over in order to allow the Administration time to comment. Councilmember Guerin said he felt it was too much for Council Research staff to do the performance audit without cooperation from the Administration. He felt there will be a lot of costs associated with this and suggested that it be discussed at a City Council Organizational meeting. February 7, 1996 City Council Summary Minutes Page 8 Gerry Strathman, Council Research Director, said he met with Mark Shields of the Mayor's Office. Mr. Shields was interested in the concepts presented by Mr. Strathman and requested he put them in writing. In a follow-up conversation, Mr. Shields said he just recently received the write-up and he had concerns that he wanted to discuss with Mr. Strathman. Strathman said he feels the Administration has concerns about language and that they want to be involved in the process of planning how the performance audits should be done. Council President Thune asked if a layover would allow Administration to make suggestions. Mr. Shields said he is disappointed with the conversations that have taken place. It was his understanding that direction given to the Administration at the organizational meeting was to work collaboratively. The performance audit premise has to be collaboration between Council Research and the Administration which has not been the case at this point, he said. Councilmember Harris felt there needs to be more discussion between Council Research and the Administration. Ten performance audits are suggested for one year which he feels is a lot considering the intended scope of each one. He suggested taking more time to come to an agreement that will be beneficial. Councilmember Harris moved for a three week layover. Councilmember Megard noted that the resolution clearly states that the design of the plan will be done with the cooperation of the Administration. Councilmember Rettman said from reading the document, it is highly likely that not all Councilmembers know what a performance audit is, what efficiency is, what effectiveness is, etc. and said she wants to be involved in the conversations. Elected officials, working with the Administration, need to lay out the parameters and then the program should be constructed collaboratively, she said. Megard noted that the guidelines were requested and received. They can be discussed and she wants to be a part of the discussions, she said. Amended and laid over to February 28 Yeas - 7 Nays - 0 38. Resolution - 96-132 - Directing the Council Research Center to include the Saint Paul Fire Communication Center in their study of issues in consolidating the Communication Center of the Saint Paul Police Department and the Ramsey County Sheriff's Office and the impact of a future 800 MHZ communication system. Councilmember Bostrom moved approval. February 7, 1996 City Council Summary Minutes Page 9 Councilmember Rettman moved to amend the resolution to include the Budget Office in the consolidation discussions. Councilmember Bostrom stated that in the original description it was noted the Mayor's Administration would be involved which he felt would include the Budget Office, Police Department, and the Sheriff's Office. This study by Council Research will augment other studies that have been done, Council- member Harris said. He questioned if they will be looking at information that has not been looked at before or if they will be starting fresh. He said he does not want to see things done that are unnecessary and repetitive. The component that's new, Blakey indicated, is the fact that the Sheriff and Police Department are talking about merger. Previously there were discussions about the Fire Department and Police Department merging. An 800 MHZ communication system would encompass all of the systems. He felt it would make sense to have the Fire Department communication system a part of the study. Vote on Councilmember Rettman's amendment Yeas - 3 Nays - 4 (Bostrom, Megard, Blakey, Thune) Failed Vote on Councilmember Bostrom's motion Adopted Yeas - 6 Nays - 1 (Rettman) 39. Resolution - 96-133 - Clarifying the qualifications of the Board of the Neighborhood Sales Tax Program (STAR Board). Councilmember Megard explained this resolution clarifies the legislative intent of the original resolution which is that organizations involved in neighborhood revitalization, CDC's, private small businesses, banks, developers, district councils have representation on the STAR Board. Her intent was that these representatives be someone in that classification such as a banker and not someone chosen to represent a bank. The first appointments to the STAR Board were selected that way. Previous public testimony reflected the understanding that district council members be appointed as current members of the board. It was also recommended that there be two additional district council members in order to have better representation from neighborhoods. The word "representative" was used throughout the resolution; however, when Administration translated it to their information sheet, they put down "Planning Commission member" so the Administration did see that a representative meant a member, Megard said. Regarding the City Attorney's opinion, when the Mayor's staff was questioned as to their reasoning for the appointments, it was learned that the Mayor's staff had discussed the February 7, 1996 City Council Summary Minutes Page 10 legal meaning with a representative of the City Attorney's Office and it is not a formal written opinion, Megard stated. There are more than 300 district council members in the city and it should be possible to find two who are acceptable, Megard said. There are 18 CIB members and residency is required. There are 21 Planning Commission members and they are represented as members of the Planning Commission. Councilmember Megard moved approval. Councilmember Guerin said there are experienced people who have served on district councils at one time and he felt prior district council members or active participants on other committees or task forces should be eligible to be STAR Board members. He noted that Districts 1 and 4 have 10-13 reps. There are other committees where people belong to the community council but they may not be on the Board of Directors. Councilmember Rettman moved to amend the resolution to include "or a nominee recommended by an affirmative vote of a district council". Councilmember Harris concurred that the goal of any board should be to encourage people to participate. St. Paul has a citizen participation process. One of the benefits of the STAR program is that there are not a lot of strings attached and people are encouraged to participate both at a board level and community level in the way of funding and assistance. The program is intended to be flexible and he felt the board should represent that as well. Councilmember Megard spoke against the amendment saying she feels people serving on district councils as current board members have more information and are more in tune with their neighborhood needs than individuals who may come to a district council and ask for their support to be on a board. Councilmember Blakey expressed concern about using the word `recommended" in the amendment as he did not feel it was strong enough. He felt the person should have board approval. City Attorney Tim Marx read the recommended amendment and Councilmember Rettman accepted Blakey's amendment as friendly. Councilmember Megard questioned why district councils were being singled out and why other groups would not be allowed to do the same. She felt district councils are being unduly restricted in their ability to appoint members. Roll call on the amendment Yeas - 6 Nays - 1 (Megard) February 7, 1996 City Council Summary Minutes Page 11 Councilmember Megard moved approval as amended Adopted as amended Yeas - 7 Nays - 0 ORDINANCES 40. Final Adoption - 95-1338 - An ordinance to repeal Chapter 326 of the Saint Paul Legislative Code relating to licensing building contractors effective March 31, 1996. (Laid over from January 24) Councilmember Harris introduced a substitute ordinance. Yeas - 7 Nays - 0 Councilmember Rettman distributed a letter from Bob Kessler, Director of Licensing, Inspections and Environmental Protection (LIEP) indicating that substantial movement has been made to make sure there would still be a license. She spoke in support of the substitute and noted there is new language prepared for the February 14 meeting to codify what the State of Minnesota is committing to work with the city on so there is no duplication and to make sure referrals are handled in a timely manner. Substitute laid over to February 14 for final adoption The meeting was recessed at 4:40 p.m. and resumed at 5:00 p.m. Present - 5 Bostrom, Guerin, Harris, Rettman, Thune Absent - 2 Blakey, Megard (arrived shortly after roll call) PUBLIC HEARINGS (Public Hearings will begin at 5:00 p.m.) 41. Third Reading - 96-77 - An ordinance amending Sections 60.202, 60.532, 60.612, 60.624, 62.106, 62.108, 64.100, 64.205, 64.206 and 64.300 of the Saint Paul Legislative Code pertaining to zoning. Councilmember Rettman suggested an amendment be made to include "non-intoxicating malt liquor". Kady Dadlez, Department of Planning and Economic Development, responded that the definition is taken directly from the State's definition. City Attorney Marx suggested Ms. Dadlez work with Peter Warner, Assistant City Attorney, to clarify for the meeting on February 14. No one appeared in opposition; laid over to February 14 for final adoption. 42. Resolution - 96-134 - Approving application for an Off Sale Malt License by Mukund S. Joshi, dba Lou's Food Market (Bhaskar S. Joshi, owner), 1199 White Bear Avenue North. February 7, 1996 City Council Summary Minutes Page 12 (ID#13969) Councilmember Bostrom stated he received confirmation from Bob Kessler, LIEP Director, that this is the same license the former store owner had. No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 43. Resolution - 96-135 - Approving application for an Entertainment-B, Sunday On Sale Liquor, Restaurant-B, Liquor On Sale A, Cigarette, Restaurant-D, Hotel/Motel to 50 Rooms, and Hotel/Motel - 150 additional rooms License by Promus Hotel Services, Inc., dba Embassy Suites Hotel, 175 10th Street East. (ID #22420) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 44. Resolution - 96-136 - Approving application for a new Gambling Manager's License by Jeffrey Cerisier, dba DeLaSalle High School at Trend Bar, 1537 University Avenue West. (ID #68354) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 45. Resolution - 96-137 - Approving application for a new State Class B Gambling Premise Permit by DeLaSalle High School at Trend Bar, 1537 University Avenue West. (ID #B- 01819) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 46. Resolution - 96-138 - Approving application for a Parking Lot/Ramp License by AGC, Inc., dba N A Parking (Nancy Adamek, President), 100 Sibley Street. (ID #64780) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 47. Resolution - 96-139 - Approving application, with conditions, for an Auto Body Repair Garage License by Highland Auto Collision Center, dba Highland Auto Collision Center (John Ritter, President), 2042 7th Street West. (ID #37707) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 February 7, 1996 City Council Summary Minutes Page 13 48. Resolution - 96-140 - Approving the vacation of the alley in Block 26, Kittson's Addition in order to provide parking space for Truth Hardware employees and customers. No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 49. Public hearing to consider the appeal of Gregory Mayen, to a decision of the Heritage Preservation Commission, denying a building permit application for the installation of vinyl siding and aluminum trim at 604-06 Portland Avenue (located in Historic Hill Heritage Preservation District) (Laid over from January 31) Gregory Mayen, property owner, appeared. He reported he can return the siding he presently has with the exception of the vinyl that is already on the house. He will be charged 15% for re-stocking which will be about $300. His total loss would be approximately $3,000. Discussion took place on the issue that a permit was never pulled. Councilmember Rettman moved to close the public hearing. Yeas - 7 Nays- 0 Councilmember Megard moved to deny the appeal. Councilmember Rettman asked her colleagues if they would at least allow Mr. Mayen to leave the siding on the house that is already in place and noted it will be an exorbitant price to remove it. The permit could then be executed on the remaining three exterior walls. Councilmember Megard responded she feels recourse is with Mr. Mayen's contractor and not with the City Council. Councilmember Rettman reminded Council that they were shown to be in error which is the reason vinyl is now being allowed. She asked Councilmembers to show compassion for the owner due to the expense of removing the existing siding and that the two types of vinyl are not noticeably different. Council President Thune responded there is a policy and process that must be upheld. Motion of intent - appeal denied Yeas - 4 Nays - 3 (Guerin, Harris, Rettman) February 7, 1996 City Council Summary Minutes Page 14 Suspension Items Councilmember Blakey moved for suspension of the rules to introduce the following Final Order. Yeas - 7 Nays - 0 Final Order - 96-141 - In the matter of improving and widening Dale Street North, University to Minnehaha and St. Anthony to Central. Paul St. Martin, Department of Public Works, gave a staff report. Mr. St. Martin stated that plans to widen Dale Street included the area between I-94 and Como Avenue. The work is done except for the section between University and Minnehaha Avenues. The project proposes to widen the street to four lanes of traffic and add left turn lanes. In 1988 the City Council approved the final order taking the right-of-way on the east side of Dale Street. Between 1988 and 1993 Public Works has gone through the CIB process and money has been allocated for the right-of-way. $1.8 million of MSA funds were spent on the right-of-way. When the project started in 1988, Dale Street was a municipal state aid street. Since that time, the city has had an agreement with the county where jurisdiction was swapped on some roadways in the city; Dale Street is one of the streets that is being given to the county. Approximately two-thirds of construction will be funded by the county and one-third by the city. The county and state must approve the plan in order to get county and MSA funding for the city's share. Several meetings were held in the neighborhood including meetings with representatives from District 7, the Frogtown Action Alliance, and the Thomas-Dale Block Club. Several options were reviewed; all included providing four lanes of traffic, provision for left turns, and some options that included parking. One option was putting in a landscaped median north of University Avenue similar to Lexington Parkway. Others included a striped left turn lane similar to Grand Avenue, and providing a bike lane on Dale Street. The smaller group narrowed it down to three alternatives. None of those alternates included bike lanes. The neighborhood held a community meeting to review the three options and the community voted on the option that would provide four lanes of traffic, stripped center left turn lane, parking on the west side of the street and 11 ft. sidewalks on each side of the street. The total width from back of sidewalk to back of sidewalk is about 90 ft.; the roadway is 68 ft. wide. The main community concern appeared to be that they want left turn access to all the businesses. By putting in a median, the left turns would be blocked at various locations. The community is also concerned about the remaining properties on the east side of the street as they would like to have as much of a buffer area between the sidewalk and property as possible. February 7, 1996 City Council Summary Minutes Page 15 The major downside of the striped left turn lane is there is no refuge in the middle of the street for pedestrian crossing. Public Works is proposing what the neighborhood voted on at that meeting. Dale Street is shown as a bike route in the proposed transportation plan. The Bicycle Advisory Board sent a letter to the Mayor saying they would like to see two lanes of traffic and bike lanes in the project. The original intent of the project was to widen Dale Street to four lanes to continue the four lanes the entire way between I-94 and Como Avenue. The county would not fund the roadway if only two lanes were put in. Therefore, Public Works would like to have the four lanes approved. Bike lanes can be added but would necessitate widening the street an additional six feet. Some neighbors thought Western Avenue might be a better alternate for a bike route in this area. Many of the residents were also clear that they wanted amenities as part of the project. A CIB proposal for street scape items was not funded for '96. They are planning to put together a proposal for STAR dollars but the time lines will not work out as they want to get the contract underway and built in 1996. They would not know if the STAR proposal was funded until possibly May, 1996. There are $30,000 of CIB funds in the project for planning. The street is wider than 50 feet and city policy calls for installing bent straw lights on streets this size. The neighborhood has expressed a desire for lantern style lighting which would be considered above standard lighting. The concern of Public Works is if some amenities will be included in the project, they should be included in the roadway plans in order to try to get a good bid. Public Works has committed to maintaining one lane of traffic during construction to provide access to the businesses on Dale Street. Part of the project will also include a small widening on Dale Street between St. Anthony and Central Avenues to correct the problem trucks have making the turn from west-bound St. Anthony to north bound Dale. Public testimony was received from the following individuals: Kate Severen, 763 Van Buren Avenue, Secretary to the District 7 Community Council Board of Directors, asked that the Dale Street project be funded as the neighborhood has requested including lantern style lighting, pocket parks, benches, trash containers, etc. Payment for the amenities comes from the assessments to the businesses and property owners along the street. Councilmember Rettman pointed out there is a petition process for getting the lantern style lighting. She asked if the neighbors were prepared to pay 100% for the assessment. Ms. Severen responded that Mr. St. Martin has been very clear in explaining the costs involved. February 7, 1996 City Council Summary Minutes Page 16 (President Thune left and Vice President Rettman assumed the chair) Bill Stubber, 1410 Mechanic Avenue, Frogtown Action Alliance, spoke in support of the proposal presented by Public Works but said he would like to see the lantern style lighting. Marie Deml, 646 Lafond Avenue, stated she feels the prime concern is safety. Dale Street is a truck and bus route. The street is already a hazard to cross and will be impossible to cross if it is any wider, she said. She suggested there be a concrete median with access at every street and every alley. There should also be conformity and uniformity between Sherburne and Van Buren Avenues with a concrete median as it is in adjoining areas. Barb Thomas, 2157 Roblyn Avenue, member of Transit for Liveable Communities, stated she was at the hearing to question a metro-wide pattern of roadway expansion. If Dale Street is widened, traffic volumes, auto speeds, and noise will all increase, and Dale Street will be a less desirable environment for biking, walking or waiting for the bus, she said. (Thune returned) Barbara Stromer, 533 Dale Street North, owner of Dale Street Greenhouse, expressed concern about safety in crossing the street. Community members felt a concrete median would speed up traffic and restrict access to homes and businesses as well as restrict access for emergency vehicles. They felt many of those safety concerns could be addressed by having very clear cross walk designations by stripping and by various means of traffic control such as regulating the traffic lights, etc. She added that the community is more than willing to pay their share of the costs. Tony Schmitz, 843 Van Buren Avenue, Frogtown Times newspaper, pointed out on the east side of Dale Street there will be deep trough 40-50 ft. The amenity package does not take into account what that will look like and what will be required so it will not look like a dark, dangerous zone at night. He asked that as the Council looks at amenities they take time to consider what the street will be like and consider how much money really should go into lighting and what kinds of things will make it attractive and safe. Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Blakey said discussions are taking place with the Mayor's Office as to the types of amenities that could be included in the project. It is an area that needs attention and there should not be a lot of open area on the east side as it would contribute to an existing problem. Councilmember Rettman said with the buy out of land on the east side of Dale, it was her recollection that part of the property would be returned to the tax rolls. February 7, 1996 City Council Summary Minutes Page 17 Councilmember Guerin questioned if the entire cost of lantern style lighting is assessed to the property owner. Mr. St. Martin responded that lantern lighting is considered above standard and, therefore, the costs for construction, operation and maintenance would be assessed unless another source of funding is found. Guerin further questioned the funding for benches, trash containers, etc. Paul St. Martin responded it would either be assessed to the property owners or they would look for funding through STAR funds, etc. Councilmember Guerin asked Mr. St. Martin to provide the assessment figures, with the amenities, for the meeting on February 14, as well as a listing of the property owners on Dale Street and their reaction to a possible assessment increase. Councilmember Megard said Dale Street is an "unfriendly street" and she feels the city should try to make it look like a neighborhood street as much as possible. St Paul is not served well by moving traffic through as fast as possible. She asked if there is a way to find some dollars to provide the amenities the neighborhood is asking for. Public Works and/or the City Council should try to find a way to make Dale Street serve the neighborhood better. Councilmember Harris questioned what the typical ways are of financing above standard lighting and whether it had to be approved by a certain percentage of the property owners. In past projects, additional costs were assessed, Paul St. Martin responded. With some projects the property owners have signed waivers saying they agree to the assessment. He thought 70% of the residents would have to agree and the City Council would have to approve a Final Order. Council President Thune suggested not proceeding with the project until a way is found to include the amenities. The amenities would help slow traffic and be beneficial to both residential and businesses. With regard to lighting, he said neighborhoods that already put up with high traffic zones and high speed are punished by having to pay for enhanced lighting. Councilmember Harris said the discussion brings up issues that are broader than just the Dale Street issue. He suggested the overall lighting policy be looked at since so many neighborhoods are requesting the lantern lights and perhaps even re-do some of the streets that have bent straw lighting. He asked Mr. St. Martin to provide information as to whether or not there are options to not widen the street and what amenities there might be. Also, what there are for lighting options for other parts of the city. Laid over to February 14 Yeas 7 Nays - 0 February 7, 1996 City Council Summary Minutes Page 18 Councilmember Blakey moved for suspension of the rules and approval of the following Final Order: Final Order - 96-142 - In the matter of construction and installation of a bus shelter with advertisement on the public right-of-way in St. Paul by Ad Shelter, Inc., under the existing franchise agreement, on the north side of St. Anthony Avenue in front of 1247 St. Anthony Avenue. Adopted Yeas - 7 Nays - 0 Reconsidered item Councilmember Megard moved to reconsider the following resolution which was adopted January 31, 1996 Yeas - 7 Nays - 0 Resolution - 96-25 - Amending Civil Service Rule 2, Definitions, to make them a more complete reference for users. (Adopted on January 31) Councilmember Megard moved to lay over indefinitely. Yeas - 7 Nays - 0 Councilmember Bostrom moved to adjourn the meeting. Yeas - 7 Nays - 0 .,, . i, , _ ki:D AT ::10 P.M. 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