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Minutes 10-19-1994 SUMMARY OF THE SAINT PAUL CTTY COUNCIL Wednesday, October 19, 1994 - 3:30 PM CITY COUN�IL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Council President Thune called the meeting to order at 3:38 p.m. Present - 6- Councilmembers Blakey, Guerin, Harris, Megard, Rettman, Thune Absent - 1- Councilmember Grimm (anived shortly after the roll call) MISCELLANEOUS 46. Presentation to the City of St. Paul of a"Public Statement of Support for the Law Enforcement Community" by Ken Wilkinson, Anoka County Sheriff. Sheriff Wilkinson said this statement of support was initiated by Anoka County Commissioner Dennis Berg following the recent deaths of two St. Paul police officers to show support for the law enforcement community. Mr. Wilkinson presented the of�cial statement to Mayor Coleman. 45. 'Turn Off the Violence Day" presentation by George Severson, Turn Off the Violence Media Specialist. Ms. Lea Skurdal, Project Coordinator for Turn Off the Violence, made the presentation. October 27, 1994 has been designated 'Tum Off the Violence Day." Ramsey County and the City of St. Paul is sponsoring a special event for all employees concerning this issue. Ms. Skurdahl described the project, encouraged activities on that day and handed out a packet of information that provides additional information on this project. CONSENT AGENDA Councilmember Grimm moved approval of the Consent Agenda. Roll Call Yeas - 7 Nays - 0 Councilmember Rettman addressed Item #18 - Resolution 94-1529 - establishing a grant for AFSCME Local 2508 to offer a new training program for clerical staff. She stressed the importance of future change in clerical skills, attitude and workforce readiness. Lt. Don Pastemack, Commander of St. Paul Police Canine Unit, issued a"citation" to Councilmember Rettman on behalf of every officer in the Canine Unit for her efforts in helping to eliminate health and safety hazards to dogs. FOR ACTION 1. Claims of Dudley and Smith (for Thomas Benedum), John Schramm, State Farm Insurance (for Lorcha Yang & Molar Yangj, Paula Stimmler, Dorothea Vik, and Lisa Willey. Refened to the City Attorney's Office , October 19, 1994 City Council Summary Minutes Page 2 2. Amended Summons and Complaint in the matter of Martelle Bernadine Sherman vs. the City of St. Paul, et al. Refened to the City Attorney's Office 3. Letter from the Division of Public Health declaring 902 Jessamine Avenue East as "nuisance property". (For notification purposes only; public hearing will be scheduled at a later date if necessary) 4. Letters from the Division of Public Health declaring 675 Cook Avenue East; 611 Edmund Avenue; 106 Manitoba Avenue; 696 Sixth Street East; 255 Page Street East; and 337 Saratoga Street South as "nuisance properties" and setting dates of hearings before the Legislative Hearing Officer on November 1, 1994, and before the City Council on November 9, 1994. 5. Letter from the Office of the City Attorney setting date of public hearing for November 2, 1994, concerning adverse action against licenses held by The Mao Family Corporation, dba Wolter Brothers Pharmacy and Liquor, 438 University Avenue West. (Uncontested) 6. Petition of the City of Saint Paul for the vacation of part of Lots 7 and 8, Block 6, Rice and Irvines Addition, located at the intersection of West Fifth Street and West Seventh Street. Refened to the Real Estate Division for check as to form and sufficiency 7. Administrative Orders: D00272 Amending the 1994 budget spending plan in the Department of Planning and Economic Development/Operations Fund for a$15,000 1994 membership payment to the Metro East Development Partnership. D00273 Amending the 1994 budget spending plan in the Division of Public Health/Special Revenue to transfer spending authority between various special activities object codes. D00274 Amending the 1994 budget in the Department of Planning and Economic Development/CDBG fund by adding $47,500 for the 1994 Headstart Expansion project. D00275 Amending the 1994 budget in the Mayor's Budget Office by reallocating spending authority for payment of services rendered by the consultant hired by the Joint Property Tax Committee to work on fiscal reform efforts. D00276 Addition of 599,710.27 to the contract for Edgcumbe-St. Dennis Sewer Separation and Street Improvement. D�277 Addition of $31,016.47 to the contract for Goodrich-Western Outlet Sewer Separation. D00278 Addition of $8,263 to the contract for installing fireproofing material on the ceiling of the fire training building at 1695 Energy Park Drive. D00279 Amending the 1994 budget in the Division of Public Health/Special Revenue to transfer spending authority between various special project activities. D00280 Amending the 1994 budget in the Division of Public Health/General Fund to transfer spending authority between various general fund activities object codes. D00281 Approving lodging expenses not to exceed 577.97 for Charlene Petinoit, Zookeeper. October 19, 1994 City Council Summary Minutes Page 3 Noted as on file in the City Clerk's Office 8. Resolution - 94-1522 - Approving renewal of On Sale Liquor Club-B and Sunday On Sale Liquor License by Hillcrest Country Club, Inc., dba Hillcrest Country Club, 2200 East Larpenteur Avenue. (ID #48818) (To be laid over one week for adoption) Laid over to October 26 for adoption 9. Resolution - 94-1523 - Approving renewal of On Sale Wine License by M.R.S. Catering, Inc., dba Grand Cafe, 1659 Grand Avenue. (ID #877201) (To be laid over one week for adoption) Laid over to October 26 for adoption 10. Resolution - 94-1524 - Approving renewal of On Sale Ma1t (3.2), Health/Sport Club, and Tanning Facility License by Joseph J. Nichols, dba St. Clair Racquet Club, 1560 St. Clair Avenue. (ID #96688) (To be laid over one week for adoption) Laid over to October 26 for adoption 11. Resolution - 94-1525 - Approving renewal of various On Sale Wine and Supporting Licenses by: Carbone's Pizza, 680 7th Street East; and The Italian Oven, Inc., 1786 Minnehaha Avenue East. (ID #15898-75025) (To be laid over one week for adoption} Laid over to October 26 for adoption 12. Resolution - 94-1526 - Approving application for renewal of various Class III and Supporting Licenses by: Ran View Post #6210, 698 Stewart Avenue; Dayton's Parking Ramp St. Paul, 411 Cedar Street; Midas Muffler, 1697 7th Street West; Carl S. & Mary Kaye Pedro, 242 8th Street East. (ID #19531-45891) (To be laid over one week for adoption) Laid over to October 26 for adoption 13. Resolution - 94-1468 - Approving the appointment of Linda Dieleman, by Mayor Coleman, to the Saint Paul Food and Nutrition Commission. (Laid over from October 12 for adoption) Adopted Yeas - 7 Nays - 0 14. Resolution - 94-1469 - Approving the appointments of 25 individuals, by Mayor Coleman, to the Public Safety Advisory Council. (Laid over from October 12 for adoption) Adopted Yeas - 7 Nays - 0 15. Preliminary Order - 94-1527 - In the matter of condemning and taking all property necessary to construct and maintain a holding pond for the Grand/St. Albans Sewer Project, and setting date of public hearing for December 4, 1994. Adopted Yeas - 7 Nays - 0 16. Resolution - 94-1470 - Approving the Memorandum of Agreement between the City of St. Paul and the United Association of Plumbers Local 34 and the Sprinkler Fitters Local Union 417. (Laid over from October 12 for adoption) Adopted Yeas - 7 Nays - 0 October 19, 1994 City Council Summary Minutes Page 4 17. Resolution - 94-1528 - Approving a second amendment to the Joint Powers Agreement for the Minneapolis/Saint Paul Housing Finance Board. Adopted Yeas - 7 Nays - 0 18. Resolution - 94-1529 - Authorizing transfer of $25,000 from Council Contingency to establish a matching grant for AFSCME Loca12508 to offer a new training program for clerical staff. Adopted Yeas - 7 Nays - 0 19. Resolution - 94-1530 - Approving the allocation of 1994 Emergency Shelter Grant funds received from the U.S. Department of Housing and Urban Development (HUD) in the amount of $253,(�0. Adopted Yeas - 7 Nays - 0 20. Resolution - 94-1531 - Approving payment of $35,000 to Felicia Coleman in full settlement of her claim against the City of St. Paul and Steven Herbert. Adopted Yeas - 7 Nays - 0 21. Resolution - 94-1532 - Approving the appointment of outside counsel to represent the City of St. Paul in a workers' compensation claim. Adopted Yeas - 7 Nays - 0 22. Resolution - 94-1533 - Establishing the rate of pay for Fire Protection Engineer in the Salary Plan and Rates of Compensation Resolution. Adopted Yeas - 7 Nays - 0 23. Resolution - 94-1534 - Agreeing to indemnify and hold harmless Concordia College of Saint Paul during the use of their athletic facility by the Martin Luther King Recreation Center Track Team from October, 1994 through April, 1995. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 24. Resolution - 94-1427 - Reaffirming the Mayor's and City Council's desire to continue residential street paving after sewer separation is complete, and set the target level of funding at a level to complete this work in 13 to 15 years. (Amended and laid over from October 5; laid over from October 12) Councilmember Harris moved for suspension of the rules to introduce a substitute resolution. Roll Call Yeas - 7 Nays - 0 Tom Gmeinder, Chair of the CIB Committee, presented a June 1994 resolution from the CIB regarding residential street paving. Prior to the sewer separation project, the City had a less ambitious street paving program in place. The funds for that program, however, were often allocated for emergency funding of other projects. The CIB Committee is concerned that if this resolution is approved without a permanent funding plan, the sewer separation paving program will not be implemented. Based on his estimate, Gmeinder stated that the city will need between $9 and $12 million a year for residential street paving. Once the entire sewer separation paving is completed, CIB is concemed about future funding of city October 19, 1994 City Council Summary Minutes Page 5 street paving. CIB projects a lifespan of 33 years per paving which would require 15 miles of streets be paved each year on an on-going basis at a cost of approximately $9-12 million per year. Mr. Gmeinder questioned the use of bonds to finance on-going maintenance rather than using a pay-as-you-go program. Presently, the cost to the City for the sale of each $10,000,000 of bonds is $90,000. Using pay-as-you-go �inancing rather than bonding, at an assumed interest rate of 8 percent, would save the city approximately $4,600,000 each year. Initial savings would be lower, and CIB recommends that this change be phased in over five years starting with 20 percent the �rst year. Tom Gmeinder further stated that city tax-exempt properties pay nothing toward residential streets but do pay the maintenance charge on their property taa� bills. Since this is a maintenance program, the CIB Committee believes the costs should be included as part of the maintenance charge for tax-exempt properties. His understanding is that approximately 40 percent of St. Paul property is tax exempt. At that rate,. treating paving costs as street maintenance charges would provide residential and commercial tax payers a yearly talc savings of almost $8.5 million. Mr. Gmeinder believes that the present method of setting aside a specific pot of money for paving will not be successful because money from this fund will likely end up being allocated for other city expenses. If, however, the money is designated as a street maintenance fund , it can be used for only that purpose. He concluded that if the city wants streets paved, it needs to provide a method of long-term funding. Councilmember Rettman stated that the resolution does not preclude anything and includes a request that staff review and provide recommendations to the Council regarding policy, programmatic intent, and funding sources. She pointed out that everyone, including tax- exempt properties, were assessed at the same rate. Councilmember Guerin noted that the resolution directs Public Works to work with the Administration and the Budget O�ce to prepare a financing plan to be brought to the Council for approval. Councilmember Megard requested that the phrase "as funds a11ow" be deleted as a show of commitment to the tax payers of St. Paul that the project will be �nished. She also stated the importance of having a financing program in place so that funds do not have to be requested anew each year. She likes the pay-as-you-go approach and requested clari�ication of the relationship between ta�c-exempt assessments and street maintenance charges. Stacy Becker said that the phrase "as funds a11ow" is not a suggestion that work will be slowed but rather a reference to the 13-year versus 15-year completion deadlines, which will depend on funding. She gave assurance that the Mayor and administration axe strongly committed to the street paving program. In response to a question of Councilmember Blakey,Stacy Becker stated that the design criteria will be developed in the next few months and funding options will be brought back to the Council sometime this winter. Councilmember Rettman suggested December 15, 1994, as the date for retuming criteria to the Council, to which Stacy Becker agreed. Councilmember Blakey suggested adding an amendment to the resolution regarding increased street lighting for safety reasons. President Thune suggested that this issue be addressed separately at another time. 25. (Moved to Public Hearings section) October 19, 1994 City Council Summary Minutes Page 6 26. Resolution - 94-1471 - Authorizing the Safe City Saint Paul Initiative and the integration of the Neighborhood Crime Prevention Program. (Laid over from October 12) Councilmember Megard presented a substitute resolution and stated that the purpose of the substitute was to delete language that appeared to her to be limiting the duration of the Neighborhood Crime Prevention Program and to add language to indicate that Council Research will provide an evaluation of the Neighborhood Crime Prevention Program and the Safe Cities Initiative by July 1995. She also indicated that there . didn't appear to be a need for an amendment previously proposed by Councilmember Rettman since funds allocated for the program would continue. Councilmember Harris asked Patrick Seeb how the civil service positions would be handled if the Council later decides to discontinue these programs. Mr. Seeb indicated they could use a provisional status to deal with the uncertainty of the positions and could reassign or change the status of individuals. Discussion ensued regarding the manner of funding for the positions. Councilmember Megard indicated that this item will be categorized on a 1995 budget sheet and will come before the Council again. Councilmember Blakey requested and received a description of the job duties of a Neighborhood Facilitator. Councilmember Harris requested and received clarification of the $18,000 consulting fees included in this resolution. Councilmember Megard moved to approve the resolution with the technical amendments made by Councilmember Rettman. Substitute adopted as amended Yeas - 7 Nays - 0 27. Resolution - 94-1472 - Approving the addition of History Day Support Group and Mariucci Inner City Hockey to the eligible list for the 10% Club for 1994. (Laid over from October 12) Councilmember Megard said she had reservations about the eligibility of the History Day Support Group application since the money would be going to a school. She requested that the application for the History Day Support Group be returned to the Youth Fund Board for further scrutiny. Because the History Day Support Group has applied for 501(c)(3) status, it would be more appropriate for them to serve as their own fiscal agent. She also requested the Board review its guidelines for funding school activities and return to the Council in two weeks regarding this issue. Councilmember Rettman asked that someone from the charitable organization be notified to attend the November 2, 1994, City Council meeting. Councilmember Megard moved approval of adding Mariucci Inner City Hockey to the eligible list for the 10% Club for 1994, and to return the application of the History Day Support Group to the Youth Fund Board for additional review. Adopted as amended Yeas - 7 Nays - 0 (History Day Support Group was laid over to November 2; new resolution will be prepared) 28. Resolution - 94-1473 - Approving disbursement of Youth Program Funds in the amount of $20,895 to Boosters East, Inc., Downtown Community Development Council, Duluth & Case Booster Club, Eastside Wrestling Organization, Eastview Booster Club, Edgcumbe Community Hockey Booster Club, History Day Support Group, Margaret Booster Club, Mariucci Inner City Hockey, North Star Speedskating Club, Orchard Park Booster Club, October 19, 1994 City Council Summary Minutes Page 7 Phalen Youth Club, Rice Recreation Youth Club, St. Paul Ice Ringette Club, Sports for Life, Summit/U Girls' Athletic Association, Thunder Spirit Lodge, Wilder Youth Club, and Young Life-St. Paul Metro. (Laid over from October 12) Adopted as amended Yeas - 7 Nays - 0 (History Day Support Group was laid over to November 2; new resolution will be prepared) 29. Resolution Ratifying Assessment - 94-1514 - In the matter of approving assessments for summary abatement in the Thomas-Dale Area from March through June 1994 (J9410TDBC 9611); demolition of vacant buildings for July 1994 (J9410C 9612); collecting expense for towing abandoned vehicles from April-June 1994 (J9410V 9613); and summary abatement from mid-June to August 1994 (J9410A 9614).(Public hearing held October 12 and adopted) Resolution to be reconsidered with recommendations of the Legislative Hearing Officer as follows: 682 Fuller Avenue - Reduce assessment by $44.00 to $995.00 and spread payments over ten years (J9410A) 1126 Margaret Street - Reduce assessment to $111.00 (J9410A) 862 Galtier - Spread payments over ten years (J9410A) 1669 Van Buren Avenue - Spread payments over two years (J9410A) The following are to be deleted: 1249 Bush Avenue; vacant lot Otto & Stewart Avenues; 1946 Cottage Avenue East; 846 Charles Avenue; 1029 Sherburne Avenue; 401 Van Buren Avenue (J9410V) No action taken to reconsider as a new resolution will follow with recommendations of the Legislative Hearing Officer. ORDINANCES 30. Final Adoption - 94-1310 - An ordinance amending the Legislative Code by adding a provision which would declare graffiti a blighting influence on the community and that the presence of graffiti constitutes a public nuisance subject to the summary abatement procedures contained in Chapter 45. (Recalled from City Operations Committee September 14) Councilmember Blakey requested moved to lay over two weeks in order to allow him to meet with members of the small business community concemed about this issue. He stated that he is supportive of the summary abatement but would like additional layers of protection for "hard-luck" cases. L.aid over to November 2 Yeas - 7 Nays - 0 31. Final Adoption - 94-1340 - An ordinance to prohibit corrupt influence, prohibit ex parte contacts to council members, and permit adverse license actions for violations. City Operations Committee recommends approval as amended) (Amended and laid over from October 12) Councilmember Hanis moved approval. Adopted Yeas - 7 Nays - 0 October 19, 1994 City Council Summary Minutes Page 8 32. Final Adoption - 94-1397 - An ordinance to amend Chapter 33 of the Saint Paul Legislative Code, repealing the bond requirements on street encroachments. Councilmember Harris moved approval Adopted Yeas - 7 Nays - 0 33. Final Adoption - 94-1398 - An ordinance amending Chapter 33 of the Saint Paul Administrative Code establishing the mileage reimbursement rate. (Originated in City Operations Committee; Referred to Council2-1) Councilmember Harris moved to introduce a substitute ordinance and lay over to October 26 for �nal adoption. Roll Call Yeas - 7 Nays - 0 34. Third Reading - 94-1447 - An ordinance amending the license fee schedule in Chapter 310 of the Saint Paul Legislative Code, increasing license fees by 6% to cover an increase in enforcement costs. Public hearing will be held Monday, November 14, at 7:00 p.m. in the City Council Chambers as part of the 1995 Budget Hearings) Third reading/public hearing continued to November 14 35. Second Reading - 94-1487 - An ordinance amending Chapter 87 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Water Utility as recommended by the Board of Water Commissioners of the City of Saint Paul. Laid over to October 26 for third reading/public hearing 36. Second Reading - 94-1488 - An ordinance to repeal Chapter 375 of the Saint Paul Legislative Code relating to child day care centers. Laid over to November 9 for third reading/public hearing 37. Second Reading - 94-1489 - An ordinance amending Chapter 102 of the Saint Paul Administrative Code creating the Police-Civilian Internal Affairs Review Commission by repealing the "sunset clause" therein and thus provide for the continuation of the commission as an administrative entity of the City. Laid over to October 26 for third reading/public hearing 38. Second Reading - 94-1490 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof. (Railroad Island Small Area Plan) Laid over to October 26 for third reading/public hearing 39. First Reading - 94-1535 - An ordinance affirming the decision of the City Council on September 28, 1994, to approve a petition of the Church of the Sacred Heart to rezone property located at 859-869 Fifth Street East from RT-1 to RM-2. Laid over to October 26 for second reading 40. First Reading - 94-1536 - An ordinance affirming the decision of the City Council on September 28, 1994, to approve the petition of Rein Midway Limited Partnership to rezone property located at 1570 University Avenue West from B-2 to B-3. Laid over to October 26 for second reading October 19, 1994 City Council Summary Minutes Page 9 PUBLIC HEARINGS 24. Resolution - 94-1467 - Approving renewal of a General Repair Garage License by M& T Auto Service, dba M& T Auto Service, 1445 Arcade Street. (ID # 10109) (Laid over from October 12 for adoption) Councilmember moved to introduce a substitute resolution. Roll Ca11 Yeas - 7 Nays - 0 Councilmember Grimm read the following into the record: "No unlicensed, inoperable vehicles are allowed to be �arked on the property after November 2, 1994; a limit of 12 cars waiting for repair service to be parked; tow truck employees will not park in the driveway or public right-of-way; and snow must be removed and placed so as to not adversely affect the adjoining neighbor's fences." The license owner has agreed, in writing, to these condition. Mr. Richard Rees, 769 Sherwood, chairman of his block club, then spoke of his concerns regarding enforcement of the stipulations that have been added to the license renewal. Councilmember Grimm moved approval as amended. Substitute adopted as amended Yeas - 7 Nays - 0 41. Resolution 94-1400 - Approving application for Liquor On Sale (A), Liquor On Sale- Sunday, Restaurant (B), and Entertainment-Class �� License by Campus Sports Grill & Nightclub Inc., dba Campus Sports Grill, (Martin R. Bertzyk, President), 2554 Como Avenue. (ID #72567) (Substitute introduced and laid over from September 28) (Laid over from October 12) Councilmember Megard moved for a one-week layover because the transfer of property has not occuned. Laid over to October 26 Yeas - 6 Nays - 0(Thune not present for vote) 42. Resolution - 94-1537 - Approving application for a Malt On Sale (3.2 Beer) license by Saigon Village Restaurant and Bakery, 501 University Avenue West. (ID # 15826) No one appeared in opposition; Councilmember Blakey moved approval Adopted Yeas - 7 Nays - 0 43. Resolution - 94-1538 - Approving application for a Recycling Processing Center License by American Paper Recycling Corp., dba American Paper Recycling, 615 North Prior Avenue. (ID #66199) No one appeared in opposition; Councilmember Megard moved approval Adopted Yeas - 7 Nays - 0 44. Resolution - 94-1539 - Authorizing the vacation of part of the alley in Block 1, Denslow's Addition bounded by Front Avenue, Kent Street, Stinson Street and Mackubin Street. No one appeared in opposition;Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 October 19, 1994 City Council Summary Minutes Page 10 Reconsidered item Councilmember Rettman moved to reconsider the following resolution due to a typo on the resolution. Roll Call Yeas - 7 Nays - 0 � Resolution - 94-1416 - Approving the appointment of Jerry Blakey as the City of Saint Paul's Alternate Member to the Joint Disparity Board. Councilmember Rettman moved approval as amended Adopted as amended Yeas - 7 Nays - 0 Suspension Item Counci�member Blakey moved for suspension of the rules to introduce the following resolution. � Roll Call Yeas - 7 Nays - 0 Resolution - 94-1540 - Amending the 1994 Capital Improvement Program by transfemng spending and financing from the Hoyt Avenue Reconstruction Project and adding Minnesota Department of Transportation funding to the Thompson Avenue-Grand Project. Councilmember Blakey moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 There was no further business; Councilmember Megard moved adjournment. ADJ D AT 4:50 P.M. David une, Council Presid nt ATTEST: Minutes approved by Council Nancy Ande n � o,,r , �-1 . � � `� S Assistant Cou '1 Secretary cs CITY COIINCIL MEETING WEDNESDAY, OCTOBER 19, 1994 3:30 P.M. SIG�i IN SH$$'P PLEASE PRINT NAME ADDRE88 PHONE NQMBER � C �- r , f � - -- � y�' cv d � J /— '� signature