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Approved Minutes 3-27-1996 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 27, 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 3:45 p.m. by Council President Thune. Present - 7 - Councilmembers Blakey, Bostrom, Guerin, Harris, Megard, Rettman, Thune Absent - 0 CONSENT AGENDA Councilmember Bostrom requested Item #3, be removed for discussion. Councilmember Guerin requested Item #7 be removed for discussion. Councilmember Rettman requested Item #14 be removed for discussion. Councilmember Blakey requested Item #15 be removed for discussion. Councilmember Harris moved approval of the Consent Agenda as amended. Roll Call Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of November 29, 1995 and March 6, 1996. Adopted Yeas - 7 Nays - 0 2. Claims of Jeanne Marie Breske, Shirley A. Casillas, Karen and Jonathan Hausman, Kirsten Kuhnly-Jorgenson, Michele L. Mead, Catherine A. Paulet, Jeffrey B. Peterson, Stanley C. Rasmussen, Todd A. Smoyer, Frances Wells, and Charity Yule. Referred to the City Attorney's Office 3. (Discussed later in the meeting) 4. Administrative Orders: D00863 Authorizing payment, not to exceed $600.00, to Kowalski's Deli for box lunches for a Police Department "Graffiti Seminar" to be held March 28, 1996. March 27, 1996, City Council Summary Minutes Page 2 D00864 Authorizing payment, not to exceed $2500.00, to Kowalski's Deli for box lunches for Police Department "Street Safe/Officer Survival for the 90s" courses to be in held in May, 1996. D00865 Addition of$17,650.22 to the contract for Civic Center Expansion, CP-1 Demolition, Excavation and Bridge Construction. D00866 Addition of$8,443.42 to the contract for on-site asbestos abatement air monitoring and OSHA lead in-air monitoring in the Civic Center Concourse Building. D00867 Addition of$16,368.00 to the contract for Civic Center Expansion, CP-3 Temporary Facilities. D00868 Addition of$71,957.71 to the contract for Randolph Avenue-Osceola to I35E. D00869 Amending the 1995 budget in the Police Department to provide sufficient funding at the major object levels of the general fund budget. D00870 Addition of$1,244.39 to the contract for Traffic Signal on White Bear Avenue and East Third Street and Street Lighting on White Bear Avenue from Conway Street to Fremont Avenue. D00871 Addition of$17,649.80 to the contract for Thompson Street Reconstruction/ Traffic Control Signal System. D00872 Addition of$10,212.83 to the contract for White Bear Avenue from Conway Street to Fremont Avenue. D00873 Addition of$123,777.16 to the contract for Palace/Toronto Storm Sewer and Paving. D00874 Amending the 1994 Capital Improvement Budget by $46,000.00 in Division of Parks and Recreation to complete installation of safety railings on the public dock at Harriet Island Park. D00875 Amending the 1995 budget in the Citizen Service Office to provide sufficient funding at the major object level. Noted as on file in the City Clerk's office 5. Resolution - 96-270 - Approving the reappointments of Councilmembers Dino Guerin, Michael Harris, and Janice Rettman, by Mayor Coleman, to the Water Board of Commissioners. (Laid over from March 20 for adoption) Adopted Yeas - 7 Nays - 0 6. Resolution - 96-288 - Approving the 1995-1997 Agreement between Independent School District No. 625 and the Twin City Glaziers, Architectural Metals and Glass Workers Local 1324. (To be laid over one week for adoption) Laid over to April 3 for adoption 7. (Discussed later in the meeting) 8. Resolution - 96-290 - Approving payment of$4,850.00 to Beatrice M. Wobse and James H. Wobse in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 March 27, 1996, City Council Summary Minutes Page 3 9. Resolution - 96-291 - Authorizing the proper City officials to execute a contract with the University of Minnesota for the services of Dr. Leon Satran to the Saint Paul Public Health Refugee Health Program. Adopted Yeas - 7 Nays - 0 10. Resolution - 96-292 - Authorizing the proper City officials to execute a contract with the U.S. Equal Employment Opportunity Commission for the provision of investigative services. Adopted Yeas - 7 Nays - 0 11. Resolution - 96-293 - Approving the addition of Boy Scout Troop #174, Duluth & Case Booster Club, Indianhead Council Boy Scouts of America, Margaret Booster Club, North Area Football Association, Rice Street Athletic Club, Scheffer Booster Club, South St. Anthony Booster Club, St. Paul Storm Youth Girls' Volleyball Association, and St. Paul Urban Tennis Association to the 1996 Charitable Gambling 10% Club. Adopted Yeas - 7 Nays - 0 12. Resolution - 96-294 - Authorizing additional spending of$31,360 related to the Joint Powers Agreement between the Minnesota Department of Transportation and the City of Saint Paul under which the City will receive federal funds up to $200,000 to participate in a coordinated traffic management system project. Adopted Yeas - 7 Nays - 0 13. Resolution - 96-295 - Authorizing the proper City officials to enter in a cooperative construction agreement with Ramsey County for reconstruction of County State Aid Highway 53 (Dale Street) between St. Anthony Avenue and Central Avenue between University Avenue and Minnehaha Avenue. Adopted Yeas - 7 Nays - 0 14. (Discussed later in the meeting) 15. (Discussed later in the meeting) 16. Resolution - 96-298 - Requesting an extension of time to complete work being done on a building at 591 Mackubin Street. Adopted Yeas - 7 Nays - 0 17. Preliminary Order - 96-299 - In the matter of condemnation and taking of Lots 1 through 5, Block 3, Brenner Addition No. 2 and vacated McAfee Street adjoining said lots for the Phalen Wetland Restoration Project, and setting date of public hearing for May 22,1996. (File #18816) Adopted Yeas - 7 Nays - 0 18. Preliminary Order - 96-300 - In the matter of grading, paving and constructing sanitary sewer and connections on Howard Street from the end of the existing paved roadway located approximately 400 feet southwest of Oakridge Street to approximately 457 feet southwest of Oakridge Street, and setting date of public hearing for May 22, 1996. (File #18819) Adopted Yeas - 7 Nays - 0 March 27, 1996, City Council Summary Minutes Page 4 19. Preliminary Order - 96-301 - In the matter of constructing long water service connections from the existing water main in Howard Street in conjunction with improving Howard Street, and setting date of public hearing for May 22, 1996. (File #18819-W) Adopted Yeas - 7 Nays - 0 20. Preliminary Order - 96-302 - In the matter of constructing a sanitary sewer and a public water main in Wiggins Road from Hillwood Court to approximately 145 feet north of Hillwood Court for the proposed Willenbring Woods Addition, and setting date of public hearing for May 22, 1996. (File #18820, 18821) Adopted Yeas - 7 Nays - 0 21. Resolution Approving Assessment - 96-303 - In the matter of grading and paving the alley in Sandberg's Rearrangement and in Block 15 College Place East Division (bounded by Holton, Albert, Englewood and Hubbard), and setting date of public hearing for May 22, 1996. (File #18692) Adopted Yeas - 7 Nays - 0 3. Letters from Ramsey County Property Records and Revenue transmitting Abatement Applications AC 96-5072, 1331 Maryland Avenue East, for reduction in assessed valuation. Councilmember Bostrom moved for suspension of the rules and approval of the following resolution: Resolution - 96-317 - Requesting a hearing on the matter of the abatement application for 1331 Maryland Avenue East before the Commissioner of the Minnesota Department of Revenue. Adopted Yeas - 7 Nays - 0 7. Resolution - 96-289 - Finalizing City Council action taken January 24, 1996, approving the Preliminary Plat for Willenbring Woods Addition for a six (6) lot subdivision for single family development. Councilmember Guerin moved to amend Line 20 by deleting "the final plat" and adding "any building permits for Lots 5 and 6". Adopted as amended Yeas - 7 Nays - 0 14. Resolution - 96-296 - Accepting the STAR Small Grant Adverse Lending Report, and authorizing the Neighborhood STAR Board to proceed with Second Cycle Neighborhood Pre-applications and Small Grant Application selection process. Councilmember Harris moved to layover one week. Laid over to April 3 Yeas - 7 Nays - 0 March 27, 1996, City Council Summary Minutes Page 5 15. Resolution - 96-297 - Approving a $20,000 contribution from the City of Saint Paul to the J.J. Hill Elementary School parents organization to assist in the cost of relocating the children's play area and equipment to a safer location on the school grounds. Bruce McMahon, 1026 Portland Avenue, appeared before the Council. He asked the Council's support of the resolution for two reasons: 1) The playground is a legitimate safety issue. A safety expert looked at the situation around the school and pointed out that moving the playground is important because most of the gunfire has taken place in the location of the playground; and 2) as part of the construction plan, neighborhood block clubs and parents from the school will be doing the work for most of the construction project. (Harris left and returned) Jean Schwabacher, J.J. Hill Safety Committee, appeared before the Council. She said the location of the playground is important in keeping the children safe. Also, if there is a perception the schools are not safe, people will not stay in Saint Paul. Teri McLaughlin, 1821 Goodrich, expressed her appreciation for the cooperative effort between the community and the school in this endeavor, and she thanked the Council for bringing this resolution forward. She noted that Mayor Coleman has made a firm commitment to seeing that the playground is moved. The old equipment will be removed and new equipment will be constructed in a place that is less vulnerable to stray bullets. Delores Henderson, J.J. Hill School Principal, appeared before the Council and extended her thanks to the City Council for thinking of the children of St. Paul. Moving the playground will enhance their safety at the school, she said. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 22. Resolution - 96-247 - Approving the Polluted Lands Cleanup Program Guidelines and authorizing the execution of the HUD grant agreement. (Laid over from March 13) Councilmember Rettman presented revised program guidelines. The changes were to help insure there are not duplicate layers of bureaucracy taking place in the process. If there was an assessment at the Port Authority, a person would not have to repeat the procedure at PED and vice versa. The revised guidelines also list the potential of the polluted lands, removed the STAR portion and shows other redevelopment projects taking place in the City. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 (Revised guidelines were presented) March 27, 1996, City Council Summary Minutes Page 6 23. Administrative Order - D00859 - Authorizing payment, not to exceed $500.00, to Woolley's Restaurant for meeting costs for a Fire and Safety Services Team meeting. (Laid over from March 20) Councilmember Harris moved a one week layover. Laid over to April 3 Yeas - 7 Nays - 0 24. Resolution - 96-304 - Establishing the use of a public purpose analysis for City financial assistance packages to the private sector. Councilmember Rettman questioned Lines 22 through 28 of the resolution saying there are certain items that do not have to come to either the City Council or the HRA. It is not clear if there will still be a public purpose analysis on those items. It implies they are still wanted even though they don't come to the Council for approval. Councilmember Harris said it is to get a full picture of what's happening. If there are strategic investment fund dollars or a funding source that is going out through the credit committee, the Council would still have an idea at year end what the total impact has been. It is a way to monitor activities. Ms. Rettman did not feel the language was clear enough and asked if this is taking the place of a job impact statement completely. Mr. Harris answered yes. (Guerin left) John Kimball, Department of Planning and Economic Development, and Marcia Moermond, City Council Research, appeared before the Council. Ms. Moermond said one of the issues considered in developing this resolution was the onus of the many forms companies have to fill out when doing business with the City. Therefore, the responsibility has been removed for completing the Job Impact Statement and providing material for the company and has been placed on PED staff. PED will conduct the annual follow up with those companies in the regular loan servicing process. There should not be any extra work experienced by these companies, Moermond stated. (Guerin returned) Councilmember Megard asked if this is a procedural issue rather than a change in policy. Councilmember Harris said it's a way to remove some of the non-binding, onerous job impact statements, etc. and replace it with something less complicated, which will provide the Council with better information as to where the development dollars are going. Councilmember Megard noted that Lines 39 and 40 clearly say the language will be removed which indicates a policy statement. She suggested amending that language to say the policy is not being changed under the job impact statement resolution which has already been adopted and is policy for this Council. Councilmember Harris stated there are first source agreements which are non binding. This resolution replaces how the information is collected and, hopefully, improves the type of March 27, 1996, City Council Summary Minutes Page 7 information the Council receives. It eliminates non-binding first source agreements, takes a look at the job impact statement, and puts in the method of collecting the information. Mr. Kimball said the intent of the language was not to remove the value of the first source program. There is a non-binding document to be signed by the developer indicating they would make use of the first source program. (Bostrom left) Ms. Moermond explained that combined into this resolution are procedures associated with two City policies, the job impact statement and the first source agreement. Job impact statements are decision-making tools for the Council to evaluate projects. The first source agreement connects companies with the job referral services. They can use those services even if they don't have a first source agreement. The signatures do not allow or disallow people to participate in the first source program. A Council Research study found that only ten first source agreements were required since 1986 when the first source program was put into place; they are for projects of a million dollars or more. Of those that were required, only one was completed. The remaining first source agreements, which are now up to approximately 48, do not require City staff to talk to the companies. The companies do not have to sign as a non binding agreement, but staff would still like the companies to be informed about the process, she said. (Bostrom returned) Councilmember Blakey stated on Line 40, "rescinded" seems like it's suggesting eliminating. Mr. Harris feels it may be clearer to say "agreement" as the resolution is not changing the policy of what first source is. Instead, it is changing how the information is being collected, what businesses are required to do, and what staff will do. Councilmember Guerin stated that "rescind" implies the policy will be changed. It might be more applicable to say "wave." Ms. Moermond added that Ms. Megard's amendment would reflect back on the current impact statement resolution that stands and the current first source agreement resolution that stands. The policy in those resolutions remains in force unless it is rescinded on a future date. They're not waved on a project by project basis. With regard to the job impact statement, only the form is being removed. It would now require the public purpose form to be filled out and the job impact statement policy continues to be in place. Councilmember Harris suggested an amendment to Line 33 stating: "and this will not result in additional compliance requirements for companies." Lines 39 and 40 are replaced with: "Resolved, that all policy statements put forth in the job impact statement resolution and first source resolution apply and information on such will be collected on the public purpose summary." Councilmember Harris moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 March 27, 1996, City Council Summary Minutes Page 8 25. Resolution - 96-305 - Accepting the "1995 Job Impact Report to Mayor Norm Coleman and the Saint Paul City Council". Councilmember Guerin moved approval. Ann Copeland, Department of Planning and Economic Development, appeared before the Council. Councilmember Harris questioned what the data in the report is based on. Ms. Copeland said it was her understanding that it was leases that brought these companies into Saint Paul. The report is counting the number of jobs coming into Saint Paul as a result of these leases and they are arranged by the properties the Port Authority owns. The loan agreement had to be signed in 1995 and new money had to be put into the project. Public purpose funding was added to the chart. PED also tried to show what the City subsidy for jobs was; a combination of jobs retained and jobs created. Adopted Yeas - 7 Nays - 0 26. Resolution - 96-306 - Approving an exchange of Capital Improvement Bond funds for Municipal State Aid monies for the 1996 Ohio Street reconstruction project, allocating the available MSA monies to the Wabasha Bridge and $600,000 of CIB interest earnings to the Ohio Street project with the remaining $430,000 of CIB interest earnings to a specified contingency for the 1996 Residential Street Paving Program, and applying the City's CIB fund assessment policies to Ohio Street property owners. Withdrawn by Council President Thune. ORDINANCES 27. Final Reading - 96-168 - Finalizing City Council action taken January 24, 1996, approving a petition of Multi-Clean Inc., (Pet Food Warehouse) to rezone property from P-1 and I-1 to B-2 at 2277 Ford Parkway. (Laid over from March 13) Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 28. Second Reading - 96-284 - An ordinance finalizing City Council action approving the petition of Steve Scribner to rezone property at 1374 Arcade Street from B-3 and R-4. (Public hearing held February 28, 1996) Laid over to April 3 for third reading 29. Second Reading - 96-285 - An ordinance amending Section 170.10 of the Saint Paul Legislative Code by deleting gender-specific references and increasing the amount of time a person may be expelled from a recreation center. Laid over to April 3 for third reading/public hearing March 27, 1996, City Council Summary Minutes Page 9 30. First Reading - 96-307 - An ordinance amending Chapters 60 and 64 of the Saint Paul Legislative Code pertaining to zoning. Laid over to April 3 for second reading 31. First Reading - 96-308 - An ordinance amending Chapter 43.04 of the Saint Paul Legislative Code relating to Vacant and Unoccupied Buildings. Councilmember Rettman stated if more than 45% of a structure is burned, the new building codes have to be met and this should be indicated in the ordinance. Laid over to April 3 for second reading (The meeting was recessed from 4:40 to 5:05 p.m.) Roll Call: Present - 6 Absent - 1 (Guerin returned shortly after roll call) PUBLIC HEARINGS 32. Third Reading - 96-260 - An ordinance amending the Saint Paul Legislative Code by establishing a user charge for excessive consumption of health code enforcement services. Roger Hallman, 1281 Payne Avenue, appeared before the Council to speak in favor of the ordinance. He said over the year his neighborhood has had problems with rental property and there have been numerous inspections. He feels landlords take advantage of situations and once it starts costing them money, there may be compliance. Councilmember Rettman noted that Mr. Hallman is the chair of the Problem Properties Committee for District 5 and the committee is trying to take an aggressive approach in dealing with the isolated negatives. Councilmember Rettman moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Harris requested clarification as to what would happen if there was an incident involving a violation where three inspections were performed at the same location in a 12 month period. Chuck Votel, Division of Public Health, stated that would constitute one cycle where the inspector noted the violation, issued a notice to correct the violation, and made a reinspection to determine whether it was done or not. Under the proposal of this ordinance, it would take three violations. Mr. Harris said he was hoping a situation was not being created with this ordinance by which an anonymous person may have a problem with a neighbor and would be making calls for inspections and people would then be charged $200 for the complaint. Mr. Votel responded he did not feel those situations would be possible. Councilmember Rettman pointed out in 1995 175 properties met the criteria for trash in the yard that had been there for more than three inspection cycles. March 27, 1996, City Council Summary Minutes Page 10 Mr. Votel stated there are property owners who wait until they get a notice before they take any action. He sees this new ordinance as another tool to require the owners to pay for the cost of the inspections or keep their property maintained. Councilmember Guerin asked if there is discretion so it's not mandatory a citation is issued. Mr. Votel responded in the affirmative and said there is always a certain amount of discretion in how ordinances are applied. Furthermore, the Health Department's main concern is the vacant lands in which people repeatedly dump items. Councilmember Rettman moved to introduce a substitute ordinance Yeas - 7 Nays - 0 Laid over to April 3 for final adoption 33. Resolution - 96-309 - Approving application for a Second Hand Dealer-Motor Vehicle and Auto Body Repair Garage License by Frieda Corporation, dba A & M Auto Sales and Service (Ali Zahedi), 845 Robert Street South. (ID #23761) No one appeared in opposition; Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 34. Resolution - 96-310 - Approving application for a Liquor On Sale-A, Sunday On Sale Liquor, Entertainment-B, and Restaurant-B License by CRM Trade Center, Inc., dba Heartthrob Cafe (James Domoracki), 30 8th Street East. (ID #19207) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 35. Resolution - 96-311 - Approving application for a Wine On Sale and On Sale Malt (strong beer) License by Mill City Cafe (Jack Whittemore) , 791 Raymond Avenue. (ID #37401) Gloria Herbst, and Roger Herbst, 779 Raymond Avenue, appeared before the Council and spoke in opposition to the resolution saying the community has had more than its share of liquor establishments. Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 36. Resolution - 96-312 - Approving application for a Sunday On Sale, Off Sale Malt, Gambling Location-B, Restaurant-B, Entertainment-A, and Liquor On Sale-B License by BBB On Rice Inc., dba Schally's (Alden Landreville), 1091 Rice Street. (ID #14580) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 37. Resolution - 96-313 - Approving application for an Off Sale Malt, Grocery-C, Gas Station, and Cigarette License by Twin Cities Stores, Inc., dba Oasis Market (Glenn Keller), 1200 Rice Street. (ID #31839) No one appeared in opposition; Councilmember Rettman moved a 1 week layover. Laid over to April 3 Yeas - 7 Nays - 0 March 27, 1996, City Council Summary Minutes Page 11 38. Final Order - 96-141 - In the matter of improving and widening Dale Street North, University to Minnehaha and St. Anthony to Central. (Laid over from March 6) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 (Megard left) 39. Resolution - 96-314 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1921 Roblyn Avenue, 800-804 East Third Street, 1454 Roblyn Avenue, and 660 Wells Street. Councilmember Guerin noted that Gerry Strathman, Legislative Hearing Officer, recommended granting the appeal for 800-804 East Third Street. However, the building was going to be vacated but it is not vacated at present and there are no assurances it will be. Mr. Strathman stated at the Legislative Hearing an attorney was present representing the owner. The attorney assured Mr. Strathman the property would be vacated within 24 hours. The violations pertained to the property being used as a residence when it actually was leased as a commercial property. Councilmember Guerin moved a one week layover for 800 to 804 East Third Street. No one appeared in opposition to the other properties noted. Adopted as amended Yeas - 6 Nays - 0 (Megard not present for vote) (Megard returned) 40. Resolution Ratifying Assessment - 96-315 - In the matter of summary abatements (property clean- up) from mid-summer to September 1995; boarding up vacant buildings for July, 1995; boarding up vacant buildings for August 1995; and demolition of vacant buildings for August through December 1995. (Legislative Hearing Officer recommends approval with the following exceptions: 224 N. Grotto Street (J9603A) - delete assessment 323 Erie Street (J9603A) - approve assessment and spread payments over 10 years 622 Aurora Avenue (J9513B) - laid over to April 2, 1996, Legislative Hearing 1554 Almond Avenue (J9513B) - laid over to April 2, 1996 Legislative Hearing 703 Wells Street (J9512C) - laid over to April 2, 1996, Legislative Hearing 867 Ocean Avenue - laid over to April 24, 1996, City Council Meeting Mr. Strathman recommended that 867 Ocean Avenue also be laid over. There continues to be a dispute with the zoning of the property as it reflects on the issue of the propriety of exterior storage. The appeal is for an assessment of$3,000 which is pending. He recommended laying over to April 24, which would allow additional time to sort out what is and is not legal. March 27, 1996, City Council Summary Minutes Page 12 Michael Larue, 1083 Conway, appeared before the Council and said he has complied with every abatement order he has received. A City crew started the cleanup of his yard but he completed it. He is also complying with siding the house as well as the other orders that were issued. He did not feel he should be assessed the $600. Mr. Strathman said a videotape of the property was shown at the Legislative Hearing on March 19. The trash was evident and a City crew was present. Councilmember Guerin moved approval of Mr. Strathman's recommendation for 1083 Conway Street. Adopted as amended Yeas - 7 Nays - 0 Councilmember Blakey moved approval of the balance of the properties. Adopted Yeas - 7 Nays - 0 41. Resolution - 96-316 - Vacating air rights around the northwest corner of Kellogg Boulevard and Cedar Avenue to develop a ballroom facility for the Radisson Hotel. No one appeared in opposition. Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Bostrom moved to adjourn the meeting. Roll Call Yeas - 7 Nays - 0 I ilik . woU' t ► AT5:40P.M. .. 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