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Minutes 08-17-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL � Wednesday, August 17, 1994 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court Nouse 15 West Kellogg Boulevard � The meeting was called to order at 3:40 p.m. by Council President Thune. Present - 6- Councilmembers Guerin, Grimm, Harris, Megard, Rettman, Thune Absent - 1 - Blakey (excused) MISCELLANEOUS 46 Qivision of Parks and Recreation Youth Volunteer-of-the-Month Awards. The following youth were recognized by Ward 7 Councilmember, Dino Guerin: Lisa Plaster and Nicholas Plaster, Dayton's Bluff Recreation Center; Steve Carlton and Melissa Menne, Eastview Recreation Center; Brandon Krebs and Nicole Bendorf, Conway Recreation Center. The following youth were recognized by Ward 6 Councilmember Marie Grimm: Stacy Flaherty and Misty Flaherty, Arlington Rec. Center; Nina Hendrickson and Nate Hendrickson, Duluth and Case Rec. Center; Alex Falkowski and Nick Hill, Hayden Heights Recreation Center. 47. Presentation by Minnesota Recreation and Parks Association (MRPA) of 1994 Award of Excellence for Mears Park. The MRPA Award of Excellence was presented to City landscape architects Don Ganje, principle designer, and Ken Wehrle for the efforts the City has undertaken in redesigning Mears Parks. The following additional item was red into the record by Nancy Anderson, Assistant Secretary to the City Council: Letter from the Department of Planning and Economic Development announcing date of public hearing before the City Council on August 31, 1994, to consider the appeal of Judith A. 0'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. Ms. Anderson noted that Item #20 should be moved from the consent agenda to public hearings. CONSENT AGENDA Councilmember Grimm requested that Item 14 be removed from the consent agenda and be withdrawn. Councilmember Rettman moved approval of the consent agenda as amended. Yeas - 6 Nays - 0 FOR ACTION 1. Approval of minutes of June 29 and July 6, 1994 City Council meetings. Adopted Yeas - 6 Nays - 0 2. Claims of Allstate Insurance Co., Jil1 Diera, Matthew L. Franklin, Todd L. Hoeschen, Laurie D. Hughes, Karen S. Jawish, Dorothy Johnson, Georgia Stinson and Annette Kirschbaum, Sallie Tagwerker, Terry Walbridge and Nora Teman. Referred to the City Attorney's Office August 17, 1994 City Council Summary Minutes Page 2 Referred to the City Attorney's Office 3. Summons in Application for Registration, Plato, Inc. File No. C7-94-941. Referred to the City Attorney's Office 4. Summons and complaint in the matter of Juan Vasquez vs the City of Saint Paul. Referred to the City Attorney's Office 5. Letters from the Division of Public Health declaring 1179 Hancock Street, 1288 Payne Avenue, and 1036 Sims Avenue as "nuisance properties". (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 6. Administrative Orders: D00200 Amending the 1994 budget in the Department of Finance and Management Services/Purchasing to allow the purchase of computers, printer, and fax equipment. D00201 Authorizing the Purchasing Division to spend up to �300 annually from its adopted budgets to purchase plaques, pins, certificates, etc. to support a division employee recognition program. D00202 Amending the 1994 budget in the Office of Executive Administration/License and Permit Special Fund to balance the budget. D00203 Amending the 1994 budget in the Division of Parks and Recreation/Special Services Fund for additional costs of various supplies for Conservatory Support, Park Refectories, and Concessions. D00204 Amending the 1994 budget in the Police Department/General Fund-Audio Visual. D00205 Amending the 1994 budget in the Office of License, Inspection and Environmental Protection (LIEP) Council Administrative Hearing Special Fund. D00206 Amending the 1994 budget in the Office of License, Inspection and Environmental Protection/General Fund-Capitol City Interns. Noted as on file in the City Clerk's Office 7. Resolution - 94-1151 - Approving the appointment, by Mayor Coleman, of Nancy Dudley Kelly to the Saint Paul Civil Service Commission. (Laid over from August 10 for adoption) Adopted Yeas - 6 Nays - 0 8. Resolution - 94-1169 - Approving the appointment, by Mayor Coleman, of Harold Hebl to the Advisory Committee on Aging. (To be laid over one week for adoption) Laid over to August 24 9. Resolution - 94-1170 - Approving the appointments of Kim Bright, Bonnie Marsh, Bruce Miller, Judy Miller, Raymond Tretter, John Tschida and Kate Wolfe-Jenson, and the reappointments of Vaughn Gralla and Kay Willshire, by Mayor Coleman, to the Mayor's Advisory Committee for People with Disabilities. (To be laid over one week for adoption) Laid over to August 24 10. Resolution - 94-1152 - Approving Agreement between Independent School District #625 and the Minnesota School Employees Association representing the Classified Confidential Employees Association. (Laid over from August 10 for adoption) Adopted Yeas - 6 Nays - 0 August 17, 1994 City Council Summary Minutes Page 3 11. Resolution - 94-1153 - Approving Agreements between Independent School District #625 and AFSCME Council 14, Locals 844 and 1842 (Technical and Clerical) and the Confidential Classified and Unclassified Supervisory Employees. (Laid over from August 10 for adoption) Adopted Yeas - 6 Nays - 0 12. Resolution Approving Assessment - 94-1171 - In the matter of the operation and maintenance for the Town Square "Public Spaces" located within Cedar, Seventh, Minnesota and Sixth Streets for the period of July 1, 1994 to June 30, 1995, and setting date for public hearing for October 12, 1994. (File #18113-94) Adopted Yeas - 6 Nays - 0 13. Resolution Approving Assessment - 94-1172 - In the matter of operating costs for standard street lighting systems for various areas for the months of January through December 1994. (File #18390, 18336, 18321, 18392, 18430, 18423, 18425, 18434, 18510, 18525, 18550, 18607, 18590, 18588, 18612, 18626, 18634 and File #18709 from the months of December 1, 1993 to December 31, 1994), and setting date of public hearing for October 12, 1994. Adopted Yeas - 6 Nays - 0 14. Preliminary Order - 94-1173 - In the matter of condemning and taking easements for the construction and future maintenance of a Storm Sewer System and the vacation of an existing sewer easement in the area of Darlene Street and Hoyt Avenue, and setting date of public hearing for October 5, 1994. (File #18742E-2) Withdrawn 15. Preliminary Order - 94-1174 - In the matter of constructing the Davern/Edgcumbe Area Storm Sewer Separation Project bounded on the east by Snelling Avenue, on the west by Davern Street, on the north by Ford Parkway and on the south by St. Paul Avenue, and setting date of public hearing for November 2, 1994. (File #18748) Adopted Yeas - 6 Nays - 0 16. Preliminary Order - 94-1175 - In the matter of improving streets with a new bituminous surfaced roadway, concrete curb and gutters, concrete driveway aprons and concrete outwalks; boulevards will be sodded and a lantern styled street lighting system will be installed within the Davern/Edgcumbe Area Storm Sewer Separation and Paving Project, and setting date of public hearing for November 2, 1994. (File #18749) Adopted Yeas - 6 Nays - 0 17. Preliminary Order - 94-1176 - In the matter of constructing sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with the Davern/Edgcumbe Area Storm Sewer Separation Project, and setting date of public hearing for November 2, 1994. (File #18750) Adopted Yeas - 6 Nays - 0 18. Resolution - 94-1177 - Amending the 1994 budget by transferring $155,000 to the Financing and Spending Plans in the Division of Parks and Recreation for needed improvements for the Forestry operation. Adopted Yeas - 6 Nays - 0 August 17, 1994 City Council Summary Minutes Page 4 19. Resolution - 94-1178 - Amending the 1994 budget by adding �98,000 to the Financing and Spending Plans in the Division of Parks and Recreation Supply and Maintenance for the purchase of a truck for use in summary abatement and Planning and Economic Development property maintenance operations. Adopted Yeas - 6 Nays - 0 20. (Moved to public hearings) 21. Resolution - 94-1180 - Authorizing the Department of Fire & Safety Services to enter into agreements with the City of Bloomington and Hennepin Technical College for use of the Department's training facility. Adopted Yeas - 6 Nays - 0 22. Resolution - 94-1181 - Requesting the Minnesota Department of Transportation to release 5140,000 from Municipal State Aid funds for improvements on Thompson and Grand Avenues. Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 23. Resolution - 94-1182 - Approving Northern States Power Company's Area Development Rates Program on a permanent basis. Ken Stabler, Administrator of Economic Development with Northem States Power Company, appeared before the City Council. He stated that this resolution pertains to a program that NSP has been operating in conjunction with the St. Paul Port Authority for the past four years. The program offers a discount on electric rates to certain manufacturing and industrial customers that locate in industrial redevelopment zones in St. Paul. Minneapolis, South St. Paul and four other first ring suburban communities are also participating in the program. The program was approved by the Public Utilities Commission in June of 1990 as a two-year pilot program. The program was extended an additional two years In June, 1992 and expired on June 28, 1994. The Public Utilities Commission is required to submit a report to the Minnesota Legislature by January 1, 1995 on the results of the program. A deadline of August 31, 1994 has been set to receive comments on the program and whether or not it should be continued on a permanent basis. The Minnesota Legislature will need to determine whether to continue to provide authority to the PUC during the 1995 Session. There are four companies in St. Paul cunently participating in the program providing employment for approximately 300 people and paying property taxes of approximately $300,000 per year. Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 24. 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 3) (Discussion will take place on the allocation process: 1) Flexible vs. fixed percentage (loans/grants); 2) Selection process; 3) Eligibility and selection criteria; 4) Bonus credit; 5) Program development and implementation. August 17, 1994 City Council Summary Minutes Page 5 25. Resolution - 94-1127 - Establishing the Neighborhood Sa1es Tax Revitalization Program. (side-by side resolution to C.F. 94-1032) (Laid over from August 3) Items #24 and #25 were taken up as side-by-side resolutions. Susan Kimberly, Executive Director of the St. Paul Coalition for Community Development presented a display of posters depicting projects of various members of the coalition along with a breakout of sources of funds and types of funds that were involved in the projects. The projects illustrated total $14,600,000+. Of that amount, approximately $1,200,000 are grants, fifty-six percent of the projects are in the form of loans, and the majority are private sector loans. There is $5.2 million in equity (about 36%). Kimberly noted that the grants in the past in these projects have leveraged a great deal of financing; some public, some private. She said the Coalition is asking for fle�cibility so this kind of work can continue. Councilmember Grimm concuned that flexibility is the key in order to be able to structure the best arrangement possible for the area, the project, etc. She questioned what might be hindering flexibility and what might help. Ms. Kimberly pointed out that the loan program proposed by the Mayor requires a certain kind of credit to meet the standards that are proposed for it and she questioned the workability of this proposal. Triesta Brown, member of the Capital Budget Committee and member of the CERC Committee, but appearing on her own behalf, stated that she was not clear exactly what was meant by a loan - defened loans, low interest loans, no-interest loans; what kinds of paybacks? She said she would like to insure that there is a loan component with this program so that money will continue to re-circulate back to the city and that there would continue to be neighborhood loan funds available. There should be a provision to insure that development costs and other costs necessary to neighborhood strategies be included in those proposals. Also, that there be some mechanism for those to be funded, whether iYs part of the leverage component or in some cases perhaps land acquisition costs, it is part of the loans. Ms. Brown said she would like to see that the proposal be structured so that there would be "neighborhood specific revolving loan funds; that some kind of bonus be given for some of the groups starting up and beginning strategies so they will not have to compete on an un-level playing field; that extra points be given for proposals that proactively are addressing the issue of polluted sites; if a proposal comes in that would be considered a"high risk" proposal that category that the 10% is someway reserved for that as timing can be a critical factor that will not a11ow a deal to occur and a major project could eat up so much money that smaller projects could not be done; and she said she would like to see that there is enough flexibility so that what fits St. Paul right now or next year, when this first starts changes can be made for the benefit of the City. Jan Morlock, Executive Director of the East Side Neighborhood Development Company, and Chair of the St. Paul Coalition for Community Development, stated that the sources of debt that look like bank financing is much easier for communities to come by to get the necessary work done. A�rst mortgage loan of public funds will in most cases not be able to leverage private participation. Local flexibility will be necessary in order to structure the deal so that it best meets the circumstances. Different neighborhoods and different projects are going to need different approaches. Said she would advocate for the greatest amount of incentive for communities to put together proposals that meet the needs locally and that also recycle the funds as much as possible. Councilmember Grimm questioned whether there is a way to work within the suggested guidelines and make the loans more flexible. August 17, 1994 City Council Summary Minutes Page 6 Amy Filice, PED, responded that the intention has always been that there be flexibility in the use of the dollars. The whole point in making a loan and supporting any project or proposal that comes forward is to help it be successful not to hinder it, she said. Gloria Bostrom, PED, added that it is not being proposed that 100% of the loan portfolio be sold on the secondary market, but that the loans that are appropriate for sale should be sold so that the funds can be recycled as soon as possible. Discussion ensued amongst the Councilmembers. Councilmember Megard moved to continue the discussion on items 24 and 25 in two weeks. Adopted Yeas - 6 Nays - 0 26. Resolution - 94-1154 - Amending the Salary Plan and Rates of Compensation Resolution in Section I H, Vacation. (L.aid over from August 10) Lee Twchin, Human Resources, stated that a proposed substitute resolution was distributed the previous day. Councilmember Rettman stressed the importance of material being delivered to Councilmembers' o�ces in a timely manner so everyone has the opportunity to review material prior to meetings. Jerry Serfling, AFSCME Business Representative stated that AFSCME supports the resolution. Councilmember Rettman moved to lay over one week. Roll Call Yeas - 6 Nays - 0 27. Resolution - 94-1183 - authorizing City participation and funding in a 1994 downtown shopper parking program. Council President Thune requested that this item be laid over as a substitute will be introduced. Councilmember Megard moved to lay over one week. Roll Call Yeas - 6 Nays - 0 ORDINANCES 28. Final Adoption - 93-1642 - An ordinance granting permission to VC Parking Limited Partnership, its successors and/or assigns, to install and maintain a parking lot on a public alley as originally platted in Joseph P. Dysart's rearrangement of lots 1 and 2, Block 23, of Summit Park Addition to St. Paul, Ramsey County, Minnesota (the "Alley") (Laid over indefinitely from November 23, 1993) Council President Thune noted that this ordinance was tabled in 1993. Councilmember Rettman said it should not have appeared on the agenda at this time if there are no staff reports. No action was taken. 29. Final Adoption - 94-799 - An ordinance establishing an Examining Committee for the position of Director of Human Resources pursuant to the provisions of Section 12.12.1 of the City Charter. (Amended August 10 by appointing proposed members to the Human Resources Examining Committee). Councilmember Rettman moved approval. Adopted Yeas - 6� Nays - 0 August 17, 1994 City Council Summary Minutes Page 7 30. First Reading - 94-1184 - An ordinance amending Chapter 28 of the Saint Paul Legislative Code entitled "Campaign Contributions" by adopting the contribution limitations established by State Statute. Laid over to August 24 for second reading. PUBLIC HEARINGS 20. Resolution - 94-1179 - Authorizing the Housing and Redevelopment Authority (HRA) to consider issuance of up to $15,000,000 of Elder Care Facility Multi-Family Revenue bonds to construct a proposed 1(K unit elder care residential facility to be located at 750 Mississippi River Boulevard. Councilmember Harris presented amendments adding two items: 1) for the executive director of the HRA to execute a Memorandum of Understanding; and 2) identifying bond counsel. Councilmember Harris moved approval as amended. Adopted Yeas - 5 Nays - 0(Grimm not present for vote) 31. Third Reading - 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 fireanns in on-sale liquor premises, to require alcohol awareness training, and to require training of bartenders on firearms and the use of deadly force. (Refened to City Operations Committee on June 15 with readings to continue in Council) (Laid over from July 13) Robert Kessler, Director of the Office of License, Inspections and Environmental Protection (LIEP) requested a layover in order to prepare a substitute ordinance. Councilmember Harris moved to lay over one week. Roll Ca11 Yeas - 5 Nays - 0(Grimm not present for vote) Laid over to August 24 for continuation of third reading/public hearing 32. Third Reading - 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) (Laid over from August 10) Robin Madsen, President of AFSCME Local 1842, appeared in opposition. She stated that over 65% of AFSCME members presently live in the City of St. Paul. She stated that she feels it is a basic right for people to decide where they want to live and it should not be mandated by govemment. Ms. Madsen indicated that there would be significant costs involved in enforcing a residency requirement and that money could be used for other services. There are many ways to e�lore different ideas that will encourage not only city employees but other people to live in St. Paul, Ms. Madsen stated. She said that AFSCME would welcome the opportunity to work with the City Council, Labor and Management to come up with a creative and cost-effective plan that would achieve the goal of having more people live in the city by choice and not be mandated. Jerry Serfling, representing AFSCME Council 14, also voiced AFSCME's objections to a residency requirement and also expressed his desire for AFSCME to work with the City Council to develop a plan that would attract employees to live in the City and also to August 17, 1994 City Council Summary Minutes Page 8 improve minority employment within the City of St. Paul. Mr. Serfling also noted that there has been no inclusion of policy makers from the School District in the residency discussion. Also speaking in opposition to the ordinance were Jacqueline Kerns, Public School employee, and member of the Manual Maintenance Supervisors Association, and Louise Langberg, City employee and City resident. Councilmember Harris moved to introduce a substitute ordinance. Roll Ca11 Yeas 5 Nays - 0(Rettman not present for vote) Councilmember Harris moved to lay over to August 24 for final adoption and continuation of public hearing. Roll Call Yeas - 5 Nays - 0(Rettman not present for vote) 33. Final Order - 94-1115 - In the matter of sidewalk reconstruction on both sides of North Robert Street from University Avenue to Capitol Heights and both sides of Capitol Heights from Charles Avenue to vacated Capitol Heights. (File #S9490) (Laid over from August 3) No one appeared in opposition; Councilmember Harris moved to lay over one week at the request of Councilmember Blakey's Office. Roll Call Yeas - 5 Nays - 0(Rettman not present for vote) 34. Resolution - 94-1185 - Approving application for a Liquor On Sale (A) License by Minnesota Historical Society, 345 Kellogg Boulevard West. (ID #82059) No one appeared in opposition; Councilmember Guerin moved approval. Adopted Yeas - 5 Nays - 0(Rettman not present for vote) 35. Resolution - 94-1186 - Approving application for a Grocery (D), Malt Off Sale, and Cigarette License by Chong M. Kwak, dba, Kellogg Square Market, 111 East Kellogg Boulevard. (ID # 11244) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 4 Nays - 0(Harris and Rettman not present for vote) 36. Resolution - 94-1187 - Conceming adverse action in the matter of licenses held by Avanti Petroleum, Inc., dba Total Mart #5662, 1529 White Bear Avenue North. (Uncontested) Phil Byrne, Assistant City Attomey representing the License Division, stated that items #36 through 43 are resolutions relating to uncontested cigarette matters. A$200 fine was recommended for each establishment. No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 5 Nays - 0(Rettman not present for vote) 37. Resolution - 94-1188 - Concerning adverse action in the matter of licenses held by Capital Market, 478 University Avenue West. (Uncontested) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0(Rettman not present for vote) 38. Resolution - 94-1189 - Concerning adverse action in the matter of licenses held by Dennis M. Devere, dba Hotline, 175 Fifth Street East. (Uncontested) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0(Rettman not present for vote) August 17, 1994 City Council Summary Minutes Page 9 39. Resolution - 94-1190 - Concerning adverse action in the matter of licenses held by David Kroona dba Hazel Park Amoco, 1200 White Bear Avenue North. (Uncontested) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 40. Resolution - 94-1191 - Conceming adverse action in the matter of licenses held by SuperAmerica Group Inc., dba Superamerica #4421, 970 University Avenue West. (Uncontested) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 41. Resolution - 94-1192 - Concerning adverse action in the matter of licenses held by Walgreen Drug Co., 734 Grand Avenue. (Uncontested) No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 42. Resolution - 94-1193 - Concerning adverse action in the matter of licenses held by Walgreen Drug Co., 522 Snelling Avenue South. (Uncontested) No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 43. Resolution - 94-1194 - Concerning adverse action in the matter of licenses held by Clark Refining & Marketing Inc., 400 North Dale Street. (Uncontested) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 44. Resolution - 94-1195 - Authorizing the vacation of the Alleys in Block 70 and 75, Dawson's Earl Street Addition, bounded by Frank Street, Case Avenue and the Burlington Northern Railroad. No one appeared in opposition; Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 45. Resolution - 94-1196 - Authorizing the Director of the Department of Planning and Economic Development to submit an application to the Department of Trade and Economic Development on behalf of Buckbee Mears St. Paul for a�398�AA8 �`�,��� forgivable loan. Marie Franchett, PED, reported that the proposed application is being� reduced from 5500,000 to $375,000. Councilmember Harris stated that he feels more consideration should be given to how this money is being used. He noted that staff has done a good job of insuring that there is a corporate guarantee on some of the money. The City should be looking at what the return is on the dollar. Ms. Franchett explained that the Buckbee Mears St. Paul Corporation was considering moving out of downtown St. Paul. They looked at ways to remain in St. Paul and one strategy was to re-negotiate their lease and negotiate a new three-year union contract. The City's commitment to apply for financial assistance to the State was contingent upon Buckbee Mears finalizing a five-year lease with two five-year options and also finalizing the union agreement. They have accomplished both of those and PED is proceeding with the August 17, 1994 City Council Summary Minutes Page 10 State application. Councilmember Harris pointed out that a loan is being given to a$200 million company and he feels there are other companies that could use it more. Councilmember Megard concuned with Harris saying that policies and guidelines need to be established to guide the City in the future when putting together economic development agreements. Further discussion ensued. Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Guerin moved for suspension of the rules to introduce the following resolution: Roll Call Yeas - 6 Nays - 0 Resolution - 94-1197 - Approving the appointment of election judges in precincts as indicated for the primary election on September 13, 1994. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 There was no further business; Councilmember Megard moved to djourn the meeting. UR D T 5:40 P.M. David e, ncil President ATTEST: �,'�, ' ^�� � Minutes approved by Council � � .� ,� _ ! � - �1 � �.,..�, '�' , .. .� . .. _ Nancy Anderson-'� � - -'� '� ', � � Assistant Council � Secretary ' /mce