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Minutes 09-14-1994 � �� SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, September 14, 1994 - 2:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House RECEIVED 15 West Kellogg Boulevard NOU 221994 The meeting was called to order at 2:40 p.m. by Council President Thune CITY CLERK Present - 5- Councilmembers Blakey, Grimm, Harris, Rettman, Thune Absent - 2- Megard (Excused) Guerin (arrived shortly after roll call) 1. Resolution - 94-1283 - Approving an agreement between Talmud Torah and the City of Saint Paul regarding the future use of the Edgcumbe School property. (Laid over from August 31) Robert Piram, Superintendent, Division of Parks and Recreation, requested that the City Council approvement the agreement stating that the agreement will allow the City to use the open space on the site for public recreation purposes when Talmad Torah is not using it. It is similar to other agreements the City has with the St. Paul School District. The City agrees to maintain the site; plow snow, cut the grass, and if the community wishes, a skating rink will be located on the site. The City also accepts liability for the �eld and field use only. The agreement also states that the play areas that are to be constructed on the site by Talmad Torah will be open to the neighborhood after school use is completed. This is an area of the City that is short on open space so it is vital that it be available for everyone's use. Councilmember Harris asked that the agreement be amended under Item # 1 to read "elementary a� .�lay area" rather than "playground area". Harris provided backgound information on this land stating that in recent history it belonged to the school district and the Police Department was leasing the land. Negotiations took place between the school district, Talmud Torah and Derham Hall High School, the school district acquired the Derham Hall site and Talmud Torah was offered the Edgcumbe School site at a lower price than what the City had been offered. The Police station relocated. Talmud Torah owns the property; they agreed to a joint use and when the loan is paid off, the joint lease no longer will exist. William Rosen. Talmud Torah, requested that the joint use agreement be approved. Gayle Summers, Community Organizer for the Highland Area Community Council, stated that their Board was in agreement with the joint use agreement and the attached map. No position was taken on the site plan. JudkO'Donnell„ 782 South Syndicate Street, spoke in favor of the joint use agreement but said it is not a 20-year agreement firm; however she expressed hope that Talmud Torah would honor the agreement for 20 years. Ms. O'Donnell spoke again later in the discussion and expressed concern about traffic in the area. She suggested that the parking lot be used for dropping off and picking up children rather than dropping off on the streets. Jack Adler, 1311 Hillcrest Avenue, cited language in the agreement that states that Talmud Torah will not substantially reduce the open space playground and said he feels this is meaningless. He further questioned what the City is getting that they don't already have. He said he feels Talmud Torah should be maintaining the lot rather than the City. Tom Beech, PED, reviewed the site plan and explained the expectations for the site. September 14, 1994 City Council Summary Minutes Page 2 Appearing in support of the agreement were: Robert Grosbv, 2215 Pinehurst Avenue; Hannah Shacter, 2091 Palace Avenue; Paula Maccabee. 1961 Selby Avenue; Louis Newman, 1933 Fairmount Avenue, Eileen Hunter, 776 South Syndicate, however, she asked that the tr�c patterns be looked at and that Hamline Avenue be the street used rather than Pinehurst and Ford Parkway; Paula Garland, 371 South Warwick. Tom Beech stated that the site plan was reviewed by Tr�c Engineering staff. They looked at it both terms of the current enrollment and projected maximum enrollment. Staff felt that the site plan met the standards for traffic safety. Most of the traffic for the buses would be on Hamline Avenue. Ford Parkway would be used for the pre-school students. Although staff does not anticipate problems with traf�c, if problems do arise in the future there are measures that can be taken to conect them, Beech said. Councilmember Harris moved to close the public hearing. Roll call Yeas - 6 Nays - 0. Councilmember Harris requested that Timothy Marx, City Attorney, present the legal options for the Council. Mr. Marx responded that the Council could deny the appeal and approve the site plan and request staff to work further on the parking issue; monitor it, move forward, and allow options to be explored while the project is still moving forward. A second option would be if the Council felt they have enough facts, based on the information presented at this meeting, to modify the decision of the Planning Commission. A third option would be to delay action on the appeal and refer it back to the Planning Commission to look at other options. Judy O'Donnell questioned if the issue of aesthetics was going to be considered with regard to the request of the Heritage Preservation Commission. She said the neighbors would like this to be honored, if possible. Mr. Rosen stated that it is mandatory that the site plan be approved in order to apply for the building permit and to proceed with the work. He said the school will continue to dialogue with the neighbors. He indicated that it was difficult to anticipate tr�c problems and adjustments can be made if found necessary. The traffic experts of the City have conducted a study and the plan has already been altered by way of anticipation. He said the school is willing to discuss the tr�c issue but it is too early to try to do it at this time. Councilmember Harris moved approval with amendment to the Joint Use of Playground Agreement. Adopted Yeas - 6 Nays - 0 2. Public hearing to consider the appeal of Judith A. O'Donnell to a decision of the Planning Commission approving a site plan by Talmud Torah for the purpose of constructing a proposed expansion of the existing Edgcumbe School site at 1287 Ford Parkway. (Laid over from August 31) Councilmember Harris moved to deny the appeal. Roll Call Yeas - 6 Nays - 0 PED staff was directed to work with Talmud Torah School and the neighbors to discuss options to deal with problems if they should arise in the future with regard to tr�c, and parking in the school area. A staff report is to be presented to the Council in two weeks. Council President Thune called for a recess at 3:45 p.m.; The meeting reconvened at 4:� p.m. Present - Blakey, Grimm, Harris, Rettman, Thune Absent - Guerin (arrived shortly after roll call) September 14, 1994 City Council Summary Minutes Page 3 CONSENT AGENDA NOTE: ALL ITEMS L/STED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOT/ON. THERE WILL BE NO SEPARATE D/SCUSSION OF THESE /TEMS. IF DISCUSS/ON IS DES/RED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Councilmember Grimm requested Item #7 be removed for discussion. Councilmember Blakey requested Item #8 be removed for discussion. Councilmember Rettman requested Items #20, 21 & 22 be removed for discussion. Counciimember Grimm moved approval of the Consent Agenda as amended. Roll Caii Yeas - 6 Nays - 0 FOR ACTION 3. Claims of Catherine Aberwald, Hilary Annala, Benjamin O. Maduka, and William R. Sieben for Michael Wayne Robert Grover. Refened to the City Attorney's Office 4. Summons and Complaint in the matter of Alexej Pavlov vs. the City of Saint Paul, et a1. Referred to the City Attorney's Office 5. Administrative Orders: D00224 Addition of $137,606.97 to the contract for I& I Conections and Sewer Repair (C93-2T671-0784-26020) D00225 Amending the 1994 budget in the Police Department/Special Projects Fund by transferring $21,000 for the purchase of equipment to record custodial interrogations. D00226 Amending the 1994 budget in the Police Department/General Fund by transferring $4,000 to purchase surveillance cameras to identify gra�ti vandals. D00227 Addition of $14,363 to the contract for Hillcrest Community Recreation Center Site Development - Part Two. D00228 Addition of $2,811.23 to the contract for Marydale Restroom Building. D00229 Amending the 1994 budget in the Department of Finance & Management Services/Citywide Information Services by transferring $1,682,532 from object codes which will not be used in 1994. D00230 Amending the 1994 budget in the Division of Parks and Recreation/Japanese Garden to allow for refund of half of rental fee deposit when reservations have been cancelled. D00231 Authorizing payment not to exceed $1,500 for travel expenses for Margaret Vaillancourt, Program Manager for the St. Paul Division of Public Health Immunization Action Plan Grant, to attend meetings in Chicago and Brainerd. D00232 Authorizing payment not to exceed $4� for travel expenses for Harvey Slaughter, Vice Chair of the CHS Advisory Committee, to attend the 1994 Annual Minnesota Boards of Health meeting in Brainerd. D00233 Authorizing payment not to exceed $20,000 to the Ramada Inn and various other motels for room rental for individuals whose homes are being abated for September 14, 1994 City Council Summary Minutes Page 4 lead. Noted as on file in the City Clerk's Office 6. Letter from the Division of Public Health declaring 255 Page Street as "nuisance property". (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 7. (Discussed later in the meeting) 8. (Discussed later in the meeting) 9. Resolution - 94-1294 - Approving renewal of various On Sa1e and Supporting Licenses by: Tanners Lake VFW Post 8217, 1795 7th Street East and Club Milton, Inc. 334 Milton Street North. (ID#54004-97716) (Laid over from September 7 for adoption) Adopted Yeas - 6 Nays - 0 10. Resolution - 94-1295 - Approving renewal of On Sale Wine, On Sale Malt (Strong Beer), and Restaurant-B License by Shilla, Inc., dba Korean Restaurant Shilla, 694 Snelling Avenue. (ID#75704) (Laid over from September 7 for adoption) Adopted Yeas - 6 Nays - 0 11. Resolution - 94-1296 - Approving renewal of On Sale Liquor-C, Sunday On Sale Liquor, Gambling Location-C and Restaurant-C Limited License by Jimbee Corporation, dba Mike's Bar, 326 Grove Street. (ID#15877) (Laid over from September 7 for adoption) Adopted Yeas - 6 Nays - 0 12. Resolution - 94-1298 - Approving the appointments of Mike Zipko, John Loban, and Susanne Rohland, by Mayor Coleman, to the Cable Access Board of Directors. (Laid over from September 7 for adoption) Adopted Yeas - 6 Nays - 0 13. Resolution - 94-1299 - Approving the reappointment of Duane Stolpe, by Mayor Coleman, to the HRA/PHA Pension Plan Committee. (Laid over from September 7 for adoption) Adopted Yeas - 6 Nays - 0 14. Resolution - 94-13� - Approving the appointments of Marcelino Puente, Esther Ruiz, Raymond Cantu, Karen Inman, and Gregory Piller, by Mayor Coleman, to the Affirmative Action Advisory Committee. (Laid over from September 7 for adoption) Adopted Yeas - 6 Nays - 0 15. Resolution - 94-1301 - Approving the appointments of Kim Bright and John Rosek and the reappointments of Mike Sperr, William Collins, Diana Rodriquez, Gwen Gordon, Jim Kelly, Gia Westermeyer, Eileen Ciuraru, Michael Lohman, Travis Logan, and Jennifer Bozicevich, by Mayor Coleman, to the Youth Fund Boaxd. (Laid over from September 7 for adoption) Adopted Yeas - 6 Nays - 0 September 14, 1994 City Council Summary Minutes Page 5 16. Resolution - 94-1302 - Approving the appointments of John O'Halloran, Robert Lunning, John Carr, Maurice Vasquez, Jeff Prauer, Gus Gaustad, Tom Eggum and Councilmember Roberta Megard and the reappoinfinent of Donald Flemming, by Mayor Coleman, to the Wabasha Street Bridge Task Force. (Laid over from September 7 for adoption) Adopted Yeas - 6 Nays - 0 17. Resolution - 94-1324 - Approving renewal of On Sale Wine, On Sa1e Ma1t (3.2), and Restaurant-B License by Roses Vietnamese C�isine, Inc., dba Roses Vietnamese C�isine, 2447 West 7th Street. (ID #28661) (To be laid over one week for adoption) Laid over to September 21 18. Resolution - 94-1325 - Approving renewal of On Sale Liquor Club-C, Sunday On Sale Liquor, and Restaurant-B License by Anderson-Nelson VFW Post 1635, dba Anderson- Nelson VFW Post 1635, 648 East L,awson Avenue. (ID #71431) (To be laid over one week for adoption) Laid over to September 21 19. Resolution - 94-1326 - Approving renewal of On Sale Liquor Club, Sunday On Sale Liquor, and Restaurant-B License by Arcade Phalen Post 577 The American Legion, dba Arcade Phalen Post 577, 1129 Arcade Street. (ID #61437) (To be laid over one week for adoption) Laid over to September 21 20-22. (Discussed later in the meeting) 23. Preliminary Order - 94-1330 - In the matter of sidewalk reconstruction for the Raymond/ University sidewalk project on the Raymond Avenue side of property located at 2388 University Avenue, and setting date of public hearing for November 9, 1994. (File # 187705) Adopted Yeas - 6 Nays - 0 24. Preliminary Order - 94-1331 - In the matter of the Seventh Place Ma11 Operation and Maintenance Costs for 1994, and setting date of public hearing for October 12, 1994. (File # 18428-94) Adopted Yeas - 6 Nays - 0 25. Resolution Approving Assessment - 94-1332 - In the matter of the Seventh Place Mall Operation and Maintenance Costs for 1993, and setting date of public hearing for October 12, 1994. (File #18428-1993) Adopted Yeas - 6 Nays - 0 26. Resolution - 94-1333 - Amending the 1994 Capital Improvement Program in the Department of Public Works by reducing the spending and financing of the Sewer Maintenance Building Modification and the Inflow and Infiltration Projects. Adopted Yeas - 6 Nays - 0 September 14, 1994 City Council Summary Minutes Page 6 27. Resolution - 94-1334 - Transferring spending and financing in the Department of Public Works from the 1994 Flood Control Project to the 1994 Major Sewer Repair Project for modi�cation of the Riverview Lift Station, and transfer of surplus Major Sewer Repair funding to the 1994 Major Sewer Repair Project. Adopted Yeas - 6 Nays - 0 28. Resolution - 94-1335 - Amending the 1994 Capital Improvement Program by transferring spending and financing from the Snelling/Minnehaha, Selby-Saratoga, MSA Contingency and County Aid Contingency projects to the East Sixth Street Channelization Project. Adopted Yeas - 6 Nays - 0 29. Resolution - 94-1336 - Approving the transfer of $17,000 from contingent reserve in the Department of Finance and Management Services/Purchasing to finance the City's share of costs for consulting services to develop a design plan for a new trunked radio system to be developed for the Metropolitan Area. Adopted Yeas - 6 Nays - 0 30. Resolution - 94-1337 - Approving the project scope and implementation schedule for the Dayton's Bluff neighborhood �'��;� project area. Adopted Yeas - 6 Nays - 0 �� 41. Resolution - 94-1341 - Approving application for a Liquor On Sa1e (A), Liquor On Sale- Sunday, Gambling Location (A), Restaurant (B), Entertainment-Class 3, and Dance Hall License by EMREM Inc., dba Club Metro (Kathryn E. Gaffney, President), 733 Pierce Butler Route. (ID #36007) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 � 7. Letter from the Department of Planning and Economic Development announcing date of public hearing before the City Council on S�e�$ ��`l�`:::�� 1994, to consider the appeal of Lowell F. Sorenson to a decision of the Board of �Zoning Appeals granting a 5 space parking variance to allow a building addition converting existing outdoor retail space into indoor retail space at 1784 Montana Avenue East. Councilmember Grimm requested that the hearing date be amended to October 12, 1994, due to a conflict. Both parties have agreed to the amended date. Roll Call Yeas - 6 Nays - 0 8. Resolution - 94-1264 - Approving renewal of Off Sa1e Liquor License by The Mao Family Corp, dba Wolter Brothers Pharmacy & Liquor, 438 West University Avenue. (ID #58841) (Laid over from August 31 for adoption) Councilmember Blakey moved to lay this resolution over indefinitely and indicated that adverse action may be taken by the Licensing Division against the license holder. Roll Call Yeas - 6 Nays - 0 September 14, 1994 City Council Summary Minutes Page 7 20. Preliminary Order - 94-1327 - In the matter of sewer construction for the Como/Arona Area Storm Sewer Separation Project, and setting date of public hearing for November 30, 1994. (File # 18767) With reference to items 20, 21, and 22, Councilmember Rettman noted that this is a very isolated area in Ward 5. Some of the streets are listed for work to be done on one order but not on another so "cleaned up" final orders may be necessary prior to the public hearings. Councilmember Rettman will work with Public Works on this issue. Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 94-1328 - In the matter of improving various streets with a new bituminous roadway, concrete curb and gutters, concrete driveway aprons and walkouts, regraded and sodded boulevards, and lantern style street lighting, and setting date of public hearing for November 30, 1994. (File # 18768) Councilmember Rettman moved approval. (See #20) Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 94-1329 - In the matter of constructing sanitary sewer, storm sewer, and/or water service connections, if requested by the property owner, in conjunction with the Como/Arona Area Storm Sewer and Street Paving and Lighting Project, and setting date of public hearing for November 30, 1994. (File # 18769) Councilmember Rettman moved approval. (See #20) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION ................... �.;�:;<.;:.:>.:.::;:. 31. Resolution - 94-1338 - Adopting a���� annual tax levy. . . . .. .. Councilmember Rettman stated that a early decision was made by the majority of the Council to stay at a 0% operating levy. She indicated that it shows a lot of leadership by both the Council and the Mayor's Office and she extended her congratulations. Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 ORDINANCES 32. Final Adoption - 94-706 - An ordinance amending Chapter 366 of the Saint Paul Legislative Code adding language authorizing the police chief to assess a fee to cover the cost of providing security for a block party, community festival, special event, march, demonstration or public gathering. (Laid over from August 3) Councilmember Rettman noted that this ordinance was still in the Finance and Budget Committee. Councilmember Rettman moved for an indefinite layover. Roll Call Yeas - 6 Nays - 0 33. Final Adoption - 94-1065 - An ordinance establishing City residency as a condition of employment for all City employees hired on an original entry basis after the effective date of this ordinance. (Originated in City Operations Committee; Committee recommends approval) (Substitute ordinance submitted to Council on July 27; substitute ordinance submitted to Council on August 17 and laid over for continuation of public hearing; substitute submitted and laid over August 24) (Laid over from September 7) Councilmember Grimm moved to lay over one week in order to allow more time for review September 14, 1994 City Council Summary Minutes Page 8 of a substitute ordinance which will be presented. Councilmember Guerin said he feels the City would be better served by going back to the original ordinance and moved approval. (The layover motion took precedent) Councilmember Blakey said he prefers the original proposal with residency across the board because the point system gets convoluted, he said. Residency across the board is also more up-front, Blakey said, and will help diversity the work force. Roll call to lay over to September 21 Yeas - 5 Nays - 1(Harris) 34. Final Adoption - 94-859 - An ordinance amending the Legislative Code by adding new Sections 409.085 and 410.045 requiring notice to the Chief of Police of the presence of firearms in on-sale liquor premises, to require alcohol awareness training, and to require training of bartenders on �rearms and the use of deadly force. (Refened to City Operations Committee on June 15 with readings to continue in Council) (Public Hearing held on August 24) (Substitute submitted and laid over from September 7) An amendment was presented by Councilmember Rettman to Page 2, Line 2. Roll call on amendment Yeas - 6 Nays - 1 Substitute amended and laid over to September 21 for final adoption 35. Final Adoption - 94-1033 - An ordinance authorizing restaurants in the downtown business district to allow the sale and service of alcoholic beverages in sidewalk cafes. (City Operations Committee recommends approval) (Substitute submitted and laid over from September 7) Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 36. Final Adoption - 94-1237 - 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; amending ordinance C.F. 94-931, adopted July 20, 1994. Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 37. Final Adoption - 94-1238 - An ordinance amending Council File 93-471 an interim firearms license moratorium ordinance to conform to the Council's previously expressed intent. Councilmember Guerin moved to lay over to September 21. Roll Call Yeas - 6 Nays - 0 38. First Reading - 94-1339 - An ordinance accepting the Charter Commission's recommen- dation for revision of City Charter Section 13.01.1, Disposal or Diversion of Park Property. Laid over to September 21 for second reading. 39. First Reading - 94-1340 - An ordinance to prohibit corrupt influence, prohibit ex parte contacts to Council Members, and permit adverse license actions for violations. Laid over to September 21 for second reading. PUBLIC HEARINGS 40. Resolution - 94-1287 - Approving application for a Liquor On Sale (C), Liquor On Sale- Sunday, Restaurant (C), and Gambling Location-Class C License by Greenwood Inc., dba Badger Lounge, 738 University Avenue West. (ID #85253) (Laid over from August 31) September 14, 1994 City Council Summary Minutes Page 9 Councilmember Blakey introduced a substitute resolution explaining that it is an agreement between Aurora-St. Anthony Block Club and Badger Lounge on some conditions. The Licensing Division will continue to monitor the Lounge Roll Call Yeas - 6 Nays - 0 Councilmember Blakey moved approval of the substitute resolution. Adopted Yeas - 5 Nays - 0(Guerin not present for vote) 41. (Considered earlier in the meeting - see page 7) 42. Resolution - 94-1342 - Approving application for a Liquor On Sale (B), Liquor On Sale- Sunday, and Restaurant-Limited (C) License by Chel-Kev, dba Willard's Liquors (Frank Schwietz, President), 738 Thomas Avenue. (ID # 50287) Douglas King, 750 Blair Avenue, appeared in opposition stating that there has been an abundance of drug activity, problems with gangs, and other problems taking place outside the building. The police have conducted sweeps without lasting results, Mr. King stated. Additionally, the bar owner denies responsibility. Councilmember Rettman suggested that this item be laid over and that Licensing meet with the bar owner and individuals because if adverse action were to be taken, the Council should not be taking testimony at this time. Alice Walters, 710 Lafond Avenue, agreed that it should be laid over in order for the community to meet LIEP staff was directed to meet with Willard's Liquors and the neighbors for additional input regarding the license application. Councilmember Blakey moved to lay over to September 28. Roll Call Yeas - 6 Nays - 0 43. Resolution Ratifying Assessment - 94-1313 - In the matter of sidewalk reconstruction on both sides of Tilsen Avenue from Nokomis Avenue to North McKnight Road and west side of North McKnight Road from Nokomis Avenue to Tilsen Avenue. (File #S9339) (Laid over from September 7) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 44. Resolution Ratifying Assessment - 94-1343 - In the matter of Summary Abatements (property clean-up) for April through June 1994, J9409A (9608); Demolition of Vacant Buildings for June and July 1994, J9409C (9610); and Summary Abatements (property clean- up) in the Thomas/Dale area for March to June 1994, J9409TDBC (9609). (Legislative Hearing Officer recommends approval with the following exceptions: payments for 852 Fuller to be spread out over ten years, and 1169 7th Street West to be deleted.) No one appeared in opposition; Council President Thune requested that 220 Winona Street East be referred back to the Legislative Hearing Of�cer. Councilmember moved for approval as amended per recommendation of the Legislative Hearing Officer, and that 220 Winona Street East be refened back to the Legislative Hearing Officer. Adopted as amended Yeas - 6 Nays - 0 September 14, 1994 City Council Summary Minutes Page 10 45. Resolution Ratifying Assessment - 94-1344 - In the matter of construction for the separation of sewers in the Eustis/Franklin Area bounded by University Avenue, Emerald Street and Highways 94 and 280. (File # 18720) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 46. Resolution Ratifying Assessment - 94-1345 - In the matter of construction for street improvement and lighting in the Eustis/Franklin Area. (File #18721) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 47. Resolution - 94-1232 - Establishing New Pernut Parking Area 10; establish "One Hour Parking, 8AM-6PM, Monday-Friday, Except by Permit", on both sides of C�rfew Street from Franklin Avenue to the dead-end approximately 500 feet south. (Laid over from August 24) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 48. Resolution - 94-1346 - Ordering the owner(s) to remove or repair building at 547 Beaumont Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 49. Resolution - 94-1347 - Ordering the owner(s) to remove or repair building at 909 Dayton Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 50. Resolution - 94-1348 - Ordering the owner(s) to remove or repair building at 930 Marshall Avenue within �ifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner, Shirley Fulford, 180 days to complete the rehabilitation, contingent on the posting of appropriate bonds by the next Council meeting) No one appeared in opposition; Councilmember Blakey moved approval as amended per recommendation of the Legislative Hearing Officer. Yeas - 6 Nays - 0 51. Resolution - 94-1349 - Ordering the owner(s) to remove or repair building at 759 Sherbume Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing O�cer recommends approval) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 September 14, 1994 City Council Summary Minutes Page 11 52. Resolution - 94-1350 - Ordering the owner(s) to remove or repair building at 774 Wells Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 53. Resolution - 94-1351 - Ordering the owner(s) to remove or repair building at 502 Petit Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 (Councilmember Harris left and retumed during the following discussion) 54. Resolution - 94-1032 - Approving the process for allocation of the half-cent sales tax proceeds for the Neighborhood Sales Tax Revitalization Program. (Originated in Finance and Budget Committee; referred to Council without recommendation) (Laid over from August 31) Denise Hanis, 786 Van Buren Avenue, President of the Thomas-Dale District Council and a member of the CERC Committee, stressed that the committee wanted this to be flexible and that there be a limited amount of bamers for people who apply for the funds. It must be a community initiative; do not want to forget about the small projects that often slip through the cracks. Shirley Rider, Snelling/Hamline Community Council, stated that community members want this matter to be their involvement, choice and control. They do not believe that tight restrictions on the allocations will help them because many programs that neighborhoods feel they need do not quite fit into the funding areas that might be available for other projects. Sma11 businesses are concerned that there will be a leaning toward bigger businesses and less emphasis on initiatives coming from the community. Mike Kuczabowski, 1365 Woodbridge, emphasized that there must be more power and voice from people in the community. Brian Connors, 179 Atwater Street, stated that if the proceeds from the sales tax were to go toward revitalizing the neighborhoods, then the vital force of the neighborhoods should have a lot of play in it, he said. The Megard proposal is the one that appeaxs to do that, he said. The neighborhoods are important because that is where the life of the city comes from. Bob Wicker, 1538 Englewood Avenue, spoke on the importance of neighborhoods saying that the people in the neighborhoods are the heart of the city. The neighborhoods must be solid and comfortable before businesses will come in. Ronald Pauline, 749 Aurora Avenue, Director of the Aurora-St. Anthony Area Block Clubs, Inc., and member of the CERC Committee, asked for flexibility in addressing the issues that the neighborhoods feel need to be addressed and in the manner in which they should be addressed. If the neighborhoods are to have a vested interest, they should have a say as to how they feel the dollars, which they put forth as tax dollars, should be spent in the neighborhoods. Dan James, North End business owner, and member of the CERC Committee, read an excerpt of Mayor Coleman's initial recommendation for use of the one-half cent sales tax. He said he felt the CERC Committee has taken into consideration all the Mayor's recommendations and does not understand what the change has been. PED must be a part September 14, 1994 City Council Summary Minutes Page 12 of the plan only in organization as they are to any other city project. Development must me grassroots; from the neighborhoods, CDCs, housing projects. And, the funds have to be set aside, kept in escrow, because not only will it be awhile before there are funds, it will also be awhile before there will be a project that will meet the criteria of the CERC Committee's recommendation. Paul Gilliland, 1409 Mcaffee, District 2 Community Council, distributed a letter from District 2. They too are looking for flexibility and neighborhood based proposals. They have a concern with the loan and grant fund allocation. He expressed concern with a staff analysis report which showed a return on the loan program but no retum on the grant program. In the estimation of staff, it is money that is handed out with no commitments, he stated. Over the years, the grant programs that the City has had, such as NPP, have had a return on investments. He encouraged the Council to not only look at flexibility in proposals but also in what is defined as a loan and what is defined as a grant. Mary, Ka�ra, Executive Director, Grand Avenue business Association, stated that there are two components crucial to the success of the program: 1) that the program be flexible to use the creative use of coalitions and imaginative development strategies; and 2) community development must mutually benefit both the residential and business communities. She encouraged the program to take a stronger stand for joint cooperative efforts to that end. Bob Arndorver, member of the St. Anthony Park Community Council, spoke in favor of Councilmember Megard's proposal. Flexible commitment by the communities is a good start for using the funds to increase the activities that have already been started. �Vlimi Doran, member of the Board of Directors of the Grand Avenue Business Association, and a member of the CERC Committee, noted that Grand Avenue is a good example of a community that typically does not qualify for many of the City programs that are in place. She urged flexibility and that it not replace other programs that are failing in the City. That it be the unique, special opportunity that it was set out to be. Delores Tri, 996 East Jessamine Avenue, member of the Board of SPEAC, feels that the sales tax should be spent in the neighborhoods and stated that she will feel betrayed if it is not. Jan Morlock, Executive Director of the St. Paul East Side Development Company, and Chair of the St. Paul Coalition for Community Development, discussed a recent neighborhood project which was accomplished with a combination of public and private resources. It was an opportunity to help a start-up company, Vertical Endeavors, move into vacant space. Flexibility was the key in making it possible and it created new jobs. Further, the financial resources were close to the customer; an agreement was reached without having to go through layers of approval. She said they are concemed that a locked-in loan and grant ratio will have the effect of writing off parts of the neighborhoods. She stated that they endorse a discipline that yields the greatest long-term impact. She urged flexibility and the decision-making as close to the customer as possible. Kathy Tarnowski, Community Organizer, Macalester-Groveland Community Council, read a letter from the Community Council president. She said they have spent about one year trying to develop a housing improvement strategy. The neighborhood has never been eligible for any money to address the problem of aging housing. They see a great need to address housing problems. Brian Miller, 197 Prescott, and employee of the Neighborhood Development Alliance, stated that it is clear from the testimony presented that how each neighborhood would propose to use the funds is different. That is the essence of the vision that was started out with with September 14, 1994 City Council Summary Minutes Page 13 the sales tax proposal when the downtown business interests and the Civic Center came to the neighborhoods for discussions. However, neighborhood-based development it is clearly not the essence of the Mayor's proposal. Mr. Miller said he will be very disappointed with the opportunity that will be missed if the City does not go back to the proposal recommended by the CERC Committee or the neighborhoods. Elen Skinner, Employee of the Midway Chamber of Commerce, stated that if there is not good housing stock on either side of the Midway, people do not have the money to shop the Midway. She feels the business communities in St. Paul are very conscious of their neighborhood basis and businesses want to work together with the City. Susan KimberlX, Executive Director of the St. Paul Coalition for Community Development, responded to the number of proposed amendments to the Mayor's proposal they and provided a handout. George Jur eg �o� 1530 Ashland Avenue, stated that he originally was wishing that the Civic Center would receive more money because it could attract a large amount of business and entertainment to St. Paul. He asked that the Council do what they can to get the 50% to the communities where it belongs and where it was intended. Councilmember Rettman moved to close the public hearings. Yeas - 6 Nays - 0 Laid over to September 21 55. Resolution - 94-1127 - Establishing the Neighborhood Sales Tax Revitalization Program. (side-by side resolution to C.F. 94-1032) (Laid over from August 31) Councilmember Grimm moved for suspension of the rules to introduce a substitute resolution. Roll Ca11 Yeas - 6 Nays - 0 Councilmember Grimm reviewed the substitute. Councilmember Guerin moved to lay over to September 21. Roll Call Yeas - 6 Nays - 0 ,�uspension items 1. Resolution 94-1352 - Accepting funds, goods and services on behalf of the City to provide prizes for employees attending the TQI Annual Fair. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Grimm moved to recall resolutions 94-152 & 94-153 Roll Call Yeas - 6 Nays - 0 2. Resolution - 94-152 - Approving the 1994-1995 Agreement between the City of St. Paul and AFSCME, District Council 14, Local 2508. (Adopted March 9; Reconsidered and laid over from April 6) Councilmember Grimm requested that history/background information be provided Councilmember Harris moved to lay over to September 21 Roll Call Yeas - 6 Nays - 0 , , :. September 14, 1994 City Council Summary Minutes Page 14 3. Resolution - 94-153 - Approving the 1994-1995 Agreement between the City of St. Paul and AFSCME, District Council 14, Local 1842. (Adopted March 9; Reconsidered and laid over from April 6) Councilmember Grimm requested that history/background information be provided)Councilmember Harris moved to lay over to September 21 Roll Call Yeas - 6 Nays - 0 Councilmember Harris moved to recall the following ordinance from Committee. Roll Call Yeas - 6 Nays - 0 4. First Reading - 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. (City Operations Committee) Councilmember Harris moved to lay over to September 21 for second reading. Yeas - 6 Nays - 0 Public hearing will be held October 12. Councilmember Harris moved to adjourn the meeting. ED A 6:1 . . i i David u , ouncil President ATTEST: � Minutes approved by Council ���ti Nancy And n ✓ �� .\(A .\`� 9 �I Assistant Council Secretary