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Approved Minutes 10-10-2001Page 1 of 13 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 10th, 2001 - 3:30 - 5:00 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Web Index • Consent Agenda • Miscellaneous • Communications and Administrative Orders • For Action • Suspension Items • For Discussion • Ordinances The meeting was called to order at 4:05 p.m. by Council President Bostrom. Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items I - 40) Council President Bostrom laid over Item 12 for one week at the request of the Department of Public Works, and withdrew Item 33 at the request of the City Attorney's Office. Councilmember Coleman withdrew Item 36 at the request of the City Attorney's Office. Councilmember Harris requested Items 14 and 30 be removed for discussion. Councilmember Benanav requested Item 28 be removed for discussion. Councilmember Reiter requested Item 38 be removed for discussion. Councilmember Blakey moved approval of the Consent Agenda as amended. Yeas - 7 Nays - 0 MISCELLANEOUS 47. Recognition of retiring Water Utility employee James (Jim) Haugen. Laid over indefinitely fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 2 of 13 NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A CO UNCILMEMER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Steven Chirpich, Jason Fritzel, and Jacki Scalise. Referred to the Risk Management Division 2. Summons and Complaint in the matter of Buffalo Sober Group, L.L.C. vs. the City of St. Paul. Referred to the City Attorney's Office 3. Summons and Report of Examiner In the Matter of the Application of Northern States Power Company, now known as Xcel Energy, Inc., to register title to real estate located in Ramsey County. Referred to the City Attorney's Office 4. Demand For Judicial Determination in the matter of Gordon Hosek vs. 1997 Chevrolet Cavalier. Referred to the City Attorney's Office 5. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 299 Arlington Avenue East and 667 Magnolia Avenue East as nuisance properties and setting date of Legislative Hearings for October 16, 2001, and City Council Hearings for November 7, 2001. 6. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 1840 Ames Avenue, 1561 Jackson Street, and 2281 Priscilla Street as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary) 7. Administrative Orders: D002074 Amending the Parking and Transit Fund in the Department of Planning and Economic Development for environmental cleanup and pedestrian and handicapped access at the Broadway and Kellogg Lot in 2001 for increased cost of the construction contract. D002075 Authorizing an in -house training session combined with the annual staff recognition event funded by The Friends of the Library, Perrie Jones Library Fund. Noted as on file in the City Clerk's Office FOR ACTION 8. Approval of minutes of September 12, 2001, and Close Door Session of October 3, 2001. Adopted Yeas - 7 Nays - 0 9. Resolution - 01 -1041 - Approving the Memorandum of Agreement and Understanding between the City of Saint Paul and the Saint Paul Supervisors Organization regarding the exchange of certain recognized holidays for association members employed by the St. Paul Library System and allowing association members to sell back accrued and unused vacation. (To be laid over one week for adoption) file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 3 of 13 Laid over to October 17 for adoption 10. Resolution - 01 -1042 - Approving an appropriation for redistricting the City based upon the 2000 census population figures. Adopted Yeas - 7 Nays - 0 11. Resolution - 01 -1043 - Supporting the Neighborhood House Community Center /El Rio Vista Recreation facility expansion project at 179 East Robie Street. Adopted Yeas - 7 Nays - 0 12. Resolution - 01 -1044 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 969 Ashland Avenue and 882 Seventh Street West. Laid over to October 17 Yeas - 7 Nays - 0 13. Resolution - 01 -1045 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 733 Pierce Butler Route, 436 Shepard Road West, 1985 Grand Avenue, 2246 Seventh Street West, and 2254 Seventh Street West. Adopted Yeas - 7 Nays - 0 14. (Discussed after the consent agenda 15. Resolution - 01 -1047 - Establishing the 2002 Residential Street Vitality Program assessment rates. Adopted Yeas - 7 Nays - 0 16. Resolution - 01 -1048 - Closing out 1995 and 2000 Sewer Maintenance Building projects and bringing budgets forward to the current year for construction and adding Sewer Service funding to 2001. Adopted Yeas - 7 Nays - 0 17. Resolution - 01 -1049 - Amending the spending and financing plan of the Fifth /Kennard RSVP project by adding Water Utility financing. Adopted Yeas - 7 Nays - 0 18. Resolution - 01 -1050 - Authorizing the City to enter into a collaboration with Ramsey County and other partners to apply for a Federal grant for youth offender reentry. Adopted Yeas - 7 Nays - 0 19. Resolution - 01 -1051 - Requesting the Police Department to provide updates on a quarterly basis analyzing the impact of business card use by determining changes in numbers of founded and unfounded complaints and to make public their findings on the same quarterly basis as to the progress and effectiveness of the agreement in ensuring the safety of all officers and the rights of all citizens. Adopted Yeas - 7 Nays - 0 20. Resolution - 01 -1052 - Establishing the rates of pay for the class series titled IS Systems Consultant I through IV in the Salary Plan and Rates of Compensation. Adopted Yeas - 7 Nays - 0 21. Resolution - 01 -1053 - Establishing the rates of pay for the class series titled IS Systems Support Specialist I through IV in the Salary Plan and Rates of Compensation. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 4 of 13 22. Resolution - 01 -1054 - Establishing the rates of pay for the class series titled IS Information /Technical Analyst I through V in the Salary Plan and Rates of Compensation. Adopted Yeas - 7 Nays - 0 23. Resolution - 01 -1055 - Authorizing payment in the amount of $28,000 to Melissa Ann Gabriel and her attorneys in full settlement of their claim against the City of St. Paul Adopted Yeas - 7 Nays - 0 24. Resolution - 01 -1056 - Authorizing payment in the amount of $32,290 to Ruben Antonio Benegas in full settlement of his claim against the City of St. Paul. Adopted Yeas - 7 Nays - 0 25. Resolution - 01 -1057 - Amending and closing out completed capital projects and transferring any remaining balances to the CIB contingency. Adopted Yeas - 7 Nays - 0 26. Resolution - 01 -1058 - Establishing a new project in the 2001 Capital Improvement Budget entitled Swede Hollow - Fourth Street Trail Connection. Adopted Yeas - 7 Nays - 0 27. Resolution - 01 -1059 - Accepting a grant from the State of Minnesota to restore East Como Lake trail and Lakeshore in Como Park. Adopted Yeas - 7 Nays - 0 28. (Discussed after the consent agenda 29. Resolution - 01 -1061 - Holding Saint Paul Academy and Summit School harmless for the City's use of its fields for the Youth Football program from August 28 through October 25, 2001. Adopted Yeas - 7 Nays - 0 30. Discussed after the consent agenda) 31. Resolution - 01 -1063 - Waiving the 45 -day notice requirement for On -Sale Liquor and Sunday On- Sale Liquor Licenses for Vone Moua and Mee Moua, dba The Bangkok, 691 North Dale Street. Adopted Yeas - 7 Nays - 0 32. Resolution - 01 -1064 - Suspending the Master Plasterer's License held by Jerome Wold, dba JTW Co. Adopted Yeas - 7 Nays - 0 33. Resolution - 01 -1065 - Concerning adverse action against the Warehouse/ Distributor and Food Vehicle License held by El Burrito Market, Inc., dba El Burrito Wholesale, 282 Chester Street, for failure to pay delinquent license fees. Withdrawn Yeas - 7 Nays - 0 34. Resolution - 01 -1066 - Concerning adverse action against the Food Processor License held by Mai Vang, dba Mai Pastry -N -Deli, 371 West University Avenue. Adopted Yeas - 7 Nays - 0 35. Resolution - 01 -1067 - Concerning adverse action against the Cigarette /Tobacco license held by file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 5 of 13 Citgo Quik Mart, 1205 Homer Street. Adopted Yeas - 7 Nays - 0 36. Resolution - 01 -1068 - Concerning adverse action against the Cigarette /Tobacco License held by G & H 2, 381 Minnesota Street. Withdrawn Yeas - 7 Nays - 0 37. Resolution - 01 -1069 - Concerning adverse action against the Cigarette /Tobacco license held by Willman Distributing Company, dba Jubilee Foods, 121 Maryland Avenue East. Adopted Yeas - 7 Nays - 0 38. (Discussed after the consent agenda 39. Resolution - 01 -1071 - Concerning adverse action against the Cigarette /Tobacco License held by UC General Store, 1919 University Avenue West. Adopted Yeas - 7 Nays - 0 40. Resolution - 01 -1072 - Concerning adverse action against the Cigarette /Tobacco License held by The Vintage, 579 Selby Avenue. Adopted Yeas - 7 Nays - 0 Suspension Items Councilmember Coleman moved suspension of the rules to waive attorney /client privilege in order to received an update from the City Attorney on the Gopher State Ethanol case. Approved Yeas - 7 Nays - 0 Clayton Robinson, City Attorney, provided an update on the October 8, 2001, hearing in the case of the City of Saint Paul vs. Gopher State Ethanol, et. al. Mr. Robinson stated that he had also discussed this matter with the Administration and they also waived attorney /client privilege for purposes of this discussion at this time. The hearing on October 8 was held before the District Court in Ramsey County to determine the motion of intervention that was raised by the case. There was a request at the conclusion of the hearing by Judge Lindman to all the parties who were present, including representatives from the case, that all the parties consider participating in mediation over the next two weeks. Mr. Robinson said Council approval was required for this. He said he discussed it with Susan Kimberly, Deputy Mayor, and the Administration is not opposed to engaging in mediation as long as it is done in the typical manner in which mediations are held. What happens is that the attorneys representing different sides are there together with perhaps a representative from the party itself. In this case it would be either a representative from the Council and the Administration or however it is decided to be handled. The process is put in place in order to expedite the alternate resolution if there is one to be made. Mr. Robinson asked the Council if they were willing to approve the City Attorney's Office engaging in mediation. It's non - binding and an opportunity to try to determine where they are in terms of differences or similarities and perhaps discuss the resolution. Councilmember Coleman said he felt it was appropriate to engage in mediation and anything that can be file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 6 of 13 done to resolve fundamental issues that are outstanding. He did not feel it waives any of the issues that the City has raised as a bottom line settlement position. He said his concern is that they continue to move forward as expeditiously as possible especially with respect to the TRO hearing. Susan Kimberly, Deputy Mayor, suggested that Council President Bostrom, or his designee, be a participant in the mediation. Councilmember Coleman moved that the City Attorney's Office engage the City's participation in mediation and that the participants include a representative from the Mayor's Office as well as Council President Bostrom or his designee. Approved Yeas - 7 Nays - 0 Councilmember Lantry moved suspension of the rules and approval of the following resolution: Resolution - 01 -1076 - Amending the Police Department's 2001 budget to provide funding for 30 police officer recruits in the winter academy. Adopted Yeas - 7 Nays - 0 (Clarification of the budget figures in the resolution will be provided by the Departments of Financial Services and Police at the City Council Meeting on October 17) Councilmember Reiter moved suspension of the rules to introduce the following resolution: Resolution - 01 -1077 - Approving the reappointments of Shirley Kane and Soua Yang and the appointment of Tom Reding, by Mayor Coleman, to the Saint Paul Public Housing Agency. Councilmember Benanav moved to lay over two weeks. Laid over to October 24 Yeas - 7 Nays - 0 14. Resolution - 01 -1046 - Approving funding of the 2001 and 2002 Residential Street Vitality Project Areas and tentative approval of 2003 -2006 project areas. Councilmember Harris questioned if it might be wise to lay this matter over until after the budget hearings and if that would be ok from a Public Works' standpoint. If money is added that was taken away from the program, all the projects get bumped up. It wouldn't change the order but would change the funding. Council President Bostrom said it could be amended in the future if money is found to add to it. This will get the projects started, Bostrom said. Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 28. Resolution - 01 -1060 - Establishing a new project in the 2001 Capital Improvement Budget entitled Downtown Children's Play Area Site Acquisition. Councilmember Benanav said he felt further discussion was necessary as to whether the City wants to spent $1 million on a playground. There is discussion about redeveloping Union Depot and if that happens, he felt this site could become a parking lot. However, if this resolution is only to accept a State grant, he said he had no problem with that. Councilmember Coleman responded that the resolution is for acceptance of the grant and establishment fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 7 of 13 of the specific account for the children's play equipment. Councilmember Benanav moved approval. Adopted Yeas - 7 Nays - 0 30. Resolution - 01 -1062 - Establishing budget and financing for Internal Borrowing Fund to the Housing and Redevelopment Authority for the Upper Landing project. Councilmember Harris noted that there is a spread between the interest rate the City is receiving from the project and it becomes an administrative fee that the Housing and Redevelopment Authority captures on this and the Financial Services Office does not get any of it. In the future, he feels Finance should get a piece of it so they can be funded as well. Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 38. Resolution - 01 -1070 - Concerning adverse action against the Cigarette /Tobacco license held by Hussein Abdelhamid, dba Rice Street Grocery, 873 Rice Street. Substitute introduced and adopted Yeas - 7 Nays - 0 Councilmember Reiter presented a substitute a resolution which reflects a lower fine imposed by the Office of LISP. Councilmember Reiter moved approval. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 41. Public hearing on the proposed use of the 2001 Local Law Enforcement Block Grant. (Per C.F. 01- 957) (Public hearing was held October 3) Councilmember Blakey requested the Police Department provide the Council written information regarding the use of the Local Law Enforcement Block grant money. 42. Resolution - 01 -1073 - Moving funds out of contingency to execute a contract with Stellent, Inc. for e- Government Initiative. Councilmember Harris moved to lay over to October 24. Laid over to October 24 Yeas - 7 Nays - 0 43. Resolution - 01 -1074 - Recommending elimination of the Ramsey County Regional Railroad Authority (RCRRA) Alternative �r 5 and Planning Commission Option C from further consideration and requesting further analysis and refinement of Planning Commission Option B; and reaffirming City Council Resolution 99 -1164 adopted December 8, 1999, requesting that the RCRRA only include consideration of University Avenue in their study of the central corridor. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 8 of 13 Allen Lovejoy, Department of Planning and Economic Development, presented a staff report. He noted that this is the fourth time since the late 1970s that an analysis is being done as to how light rail transit and busway might work through downtown St. Paul. He told the Council that a recommendation was needed from them with respect primarily to the downtown alternatives based on action taken previously by the Council. The action proposed does not constitute an endorsement of light rail transit or of a busway. It says if a system is going to be built, where is the optimum location within the City of St. Paul? On October 11 the Central Corridor Coordinating Committee is due to take action on a preferred alternative for the entire corridor. Downtown is not the only point of controversy. There are some issues in the University of Minnesota area and that is something the Corridor Committee will have to grapple with as well. The Ramsey County Regional Rail Authority staff wants to move the decision on scoping now because in late spring of 2002 Congress is due to begin hearings on reappropriation of T21. Mr. Lovejoy said they have no idea, based on events in the last month or so, what is going to happen with Federal budgeting but that is the schedule. One of the key criteria as to whether an organization or region is going to get in line for funding for a major facility like this is the degree to which a local constituency is fully together with some consensus that: 1) we want it, and 2) this is where and how we want it. Mr. Lovejoy distributed a packet which included the four downtown alignment options that are under consideration, two technical memorandums, one from the consultant to the Rail Authority staff and one from the Public Works Department to the Rail Authority staff, a chart on the comparison of capital costs, and position comments by the Capital Area Architectural and Planning Board, Capital River Council, Regions Hospital, and the St. Paul Area Chamber of Commerce. The first alternative was reviewed by Mr. Lovejoy which, he said, three times was the alternative which was decided made the most sense. It would go down University Avenue and have a light rail transit (LRT) station in the Capitol Area. It is still a debatable issue in terms of how the alignment might look. He presented the pros and cons saying the pros for the Cedar Alternative has the greatest ridership potential and the least capital costs as well as the least operating costs primarily because it is the shortest route through downtown. There is high confidence in implementability because they have gone through it before and they know it can work on the street in terms of the specific analysis. Almost all of those that do not have organizations and did not state Cedar as their first choice did state it as their second choice. The things that are going against this alternative is that it does not directly serve Regions Hospital, which has 4,000 employees and 1,000 visitors every day. It also does not directly serve the entertainment district right around Rice Park. In Alternative 5, Light Rail goes down University Avenue, behind the Capitol and turns south at Jackson and 7th Streets and splits into a one -way on Jackson and Sibley and then goes on Fourth westbound and ends up at Rice Park. Stations would be on both the east and west sides of the Capitol. The west side would serve Regions Hospital. There would be two stations near Seventh Street and two near the Union Depot, one at Kellogg Square and one on the block between St. Peter and Market Streets. The pros with this alternative are that it serves the central business district and the entertainment district directly. The cons are that it does damage to the traffic patterns in downtown both at the north and south end. The other key issues are when Galtier Plaza was being built, a part of the street was vacated and it seems likely that if one LRT pair of tracks were on Sibley there would be room for one lane of traffic and no parking. The traffic from the east coming into downtown is starting to use Highway 61 and Warner Road more and Sibley and Jackson are becoming more important coming from the river side into downtown. There is great concern that both the station locations shown as well as the intersections of Fourth and Sibley and Fourth and Jackson would likely back up into the Kellogg intersections and create fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 9 of 13 some major problems. Staff and the Technical Advisory Committee to the Coordinating Committee has recommended that Alternative 5 be eliminated. The next alternative comes from the Planning Commission and is an attempt to try and avoid a north - south downtown street and serve many areas but it does have some issues. It goes on University Avenue, intersects with Lafayette, and then follows the railroad corridor down and comes in on Fourth Street to the west. The pros of this is that it serves the most destinations. The problem is that it's the most expensive in terms of capital and operating costs. It has the longest travel times and Metro Transit has said it may not be a fundable project under FTA guidelines. Alternative B is the final one which came up after the Ramsey County Rail Authority and the Coordinating Committee issued their two alternatives. It comes down Rice Street and follows 12th Street over a newly constructed bridge across the freeway at St. Peter and down St. Peter to 4th Street and 4th Street East to Union Depot. The pros of this alternative are that it directly serves the entertainment center better than any other alternative and it's a relatively easy alignment to make work from a traffic standpoint as is Cedar Avenue. The down side is that it doesn't serve the core as well as the Cedar Alternative which comes right through the center of the core and it has to divert traffic. The section of St. Peter Street between 6th and 4th Streets would need to be closed to automobile traffic. Southbound traffic would then be diverted to Market Street adjacent to Rice Park and down to Kellogg. Meetings have been held with some constituents in that area and it's a mixed picture in terms of whether that would be totally acceptable to them in the future. Mr. Lovejoy said in the packet he distributed he listed all the written responses from the downtown community that he has received. He reviewed the recommendations from those people. City staff is recommending that the Jackson Street alternative be eliminated from consideration and that both Cedar and St. Peter work fairly well from a traffic flow perspective. Councilmember Benanav said he feels it's clear that Cedar is the best alternative and that it should move forward. Councilmember Coleman said his understanding is that they are looking at 8 to 10 years before Federal funds would become available. Mr. Lovejoy responded that the schedule for T21 is to have the hearings in 2002, the reappropriation in 2003, and if the City were at the top of the list in terms of getting money out of the appropriation, design may take place in 2004 and construction in 2005 which he said is very quick for a project such as this. Kathy DeSpiegalaere, Director of Rail Planning for the Ramsey County Regional Rail Authority, appeared. She said there is a fairly long lead time on the project; however, the steps to get the project funded are incremental. They are at a point now where if a decision is not made by October 11, the Environmental Impact Statement (EIS) will be delayed and that puts them later in line for funding. While there is no guarantee of funding in 2005, if the decision on the alignment is delayed it will diminish the chances of funding. Councilmember Coleman said if they come to consensus on the primary corridor, University Avenue, and a finger of the alignment is considered under a couple of different alternatives, whether it be St. Peter, Cedar or some other alignment, why couldn't those be considered in the Environmental Impact Statement? Ms. DeSpiegalaere responded that their budget does not allow for multiple alternatives in the fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 10 of 13 EIS at this point. They have done a lengthy scoping process for several months and have a fair amount of data which they think is sufficient to make a decision. Councilmember Coleman also said that a lot of the discussions in terms of which alignment works better than others is based primarily on a belief that the final product will be LRT and he asked if that was a fair assumption. Ms. DeSpiegalaere responded that the study they are doing will analyze more than one technology alternative and light rail is one of them. The EIS looks at improving the bus system and a dedicated bus lane and light rail transit. Ms. DeSpiegalaere said she was under the assumption that the City had taken a position supporting light rail in the central corridor previously. The County has not taken that position and the EIS is analyzing bus alternatives as well as light rail. Councilmember Harris said what is being seeing nationwide and what this group is seeing is a move to a fixed busway which is a significantly lower cost alternative than LRT which could completely change their philosophy on where they want to go because if they are making decisions based on funding, the busway is so much cheaper that they have more flexibility. He said his impression from staff as to why they don't put another alternative in to make it two is strictly a funding issue based on Ramsey County's budget for the EIS. He said he did not feel they should stop without trying to identify how the County can get some extra money to add more alternatives. Ms. DeSpiegalaere responded that they do not have money at this time to analyze other alternatives. Over the years she analyzed 42 alternatives for light rail in downtown St. Paul and after 10 years of study they are at this point. She said if the City wants more to be studied, she felt Ramsey County's position would be that St. Paul should contribute toward the study. Beyond the budget issue she said the perception is whether a decision can be made on this corridor. Councilmember Benanav said if they do not choose an alternative at this time, it will not get done as they will be at the bottom of the list. Councilmember Lantry said she was interested in the scoping process that got them to this point. She asked what input they had from downtown businesses, etc. Ms. DeSpiegalaere said in the scoping stage a series of public meetings were held, they advertised in the local newspapers as well as sending notices to a mailing list of approximately 800 people. The turnout at the public meetings was disappointing, she said. They have held meetings with some of the stakeholders in the downtown area including the Chamber of Commerce and the Building Owners and Managers Association (BOMA). Because St. Paul put the new alternatives on the table, it raised the level of interest and discussion. Councilmember Lantry said a lot of assumptions are being made and if there is no funding until 2010 there is the possibility that the alignment could change many times. She also said she prefers buses over LRT. Councilmember Coleman said based on the information he has, he feels Cedar makes the most sense because it serves the most primary need which is serving commuters into the downtown area. He also said it is not the Feds saying only one alternative can be studied in the EIS, rather it's the County that does not want to pay for it. If they go through the EIS looking at different fingers, then there are alternatives that could get funded depending on what is known when they get a lot closer to when it may actually get built. Councilmember Harris said he concurs with the Ceder alternative but he feels they should step back and fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 11 of 13 involve the stakeholders. Councilmember Blakey said he feels the bus concept is more economical. He said he is concerned hearing that a lot of money will be spent, whether it's LRT or BRT, and perhaps there are more fingers that need to be studied and there is no willingness to do that. He said he has concerns with LRT on University and particularly with all the issues that need to be addressed. He questioned if a decision had to be made at this time. Council President Bostrom responded there are times decisions have to be made and at least get the process rolling. If they don't like the way LRT looks at some point in the future, at least they have had an opportunity to do the EIS on it. Councilmember Benanav said even if a second alternative is added to study, they are not going to know about a lot of things in the future no matter what they study. Also, this does not preclude the decision that LRT is not right alternative on University. Allen Lovejoy the heart of the issue is how to make a specific decision now when it's not going to come to fruition for many years. Staff has looked at the degree to which more technical analysis, which is typically what is done in an EIS, will be instructive in terms of selecting a specific alternative. This does not go to the point of whether bus or rail is done. On the other hand, there are some groups that have not weighed in on this. A couple of weeks ago, staff of the Rail Authority were asked if they were willing to postpone the decision for about 30 days because staff had been analyzing the alternatives and the downtown community was beginning to discuss it. Just recently, a lot of the groups that had not been involved were willing to take the time and there were at least three fairly lengthy meetings with the Chamber of Commerce but the Convention and Visitors Bureau has not looked at it. Mr. Lovejoy said they would like more time to discuss it but he does not feel they are convinced that the technical studies in the EIS will give more answers as to choosing among alternatives. Mr. Lovejoy said they have looked at every street and there are basically three streets that work from a traffic standpoint: St. Peter, Cedar, and Fourth. In terms of the array of alternatives, he said he feels fairly comfortable that they are there. In terms of making a decision among those alternatives, he feels they have enough technical information. As to whether there has been enough time for the downtown community to really take this on is something the Council will have to judge, he said. If the City Council decides somewhere along the line to back out, that has an enormous amount of power, not in the context of the technical process but going back to what the Feds are looking for which is really some solidarity among the local folks of wanting to have it happen. Councilmember Coleman moved approval of the resolution. Councilmember Benanav asked what impact the Council's decision will have on the process on October 11. Ms. DeSpiegalaere said it will be one of the pieces of information forwarded to the Central Corridor Coordinating Committee. She said the City of St. Paul does have veto power over preliminary design plans for Light Rail Transit. The Council agreed to amend the resolution as follows on Lines 52 to 54: "Now therefore be it resolved, that the City Council recommends the elimination of RCRRA Alternative 5 and Planning Commission Options A and C from further consideration and requests further analysis and refinement of Planning Commission Option B and RCRRA Alternative 1." Adopted as amended Yeas - 6 Nays - 1 (Benanav) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 12 of 13 ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PA UL LEGAL LEDGER. 44. Final Adoption - 01 -982 - An ordinance placing the position titled Library Director in the unclassified service pursuant to Section 12.02.2(H) of the City Charter. Councilmember Coleman moved approval. Adopted Yeas - 7 Nays - 0 (Benanav left the meeting) 45. Final Adoption - 01 -983 - An ordinance memorializing City Council action granting the application of Richard Hamden to rezone property from B -2 (Community Business) to B -3 (General Business) to allow indoor auto sales at 459 Toronto Street. (Public hearing held August 22, 1001) Councilmember Coleman moved approval Adopted Yeas - 6 Nays - 0 (Benanav not present for vote) 46. First Reading - 01 -1075- An ordinance finalizing City Council action approving the application Lisa Kamp to rezone property from R -4 (single - family residential) to B -1 (local business) to allow for combining with an adjacent B -1 zoned parcel in order to construct an accessory garage for the residence at 395 West Cook Avenue. (Public hearing held September 19) Laid over to October 17 for second reading Councilmember Lantry moved to adjourn the meeting. ADJOURNED AT 5:55 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson November 7, 2001 Assistant Council Secretary mce fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010 Page 13 of 13 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_151422\Approved ... 12/15/2010