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Minutes 03-23-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL MARCH 23, 1994 3:30 P.M., Room 330, City Hall and Court House Saint Paul, Minnesota The meeting was called to order at 3:35 p.m. by Council President Thune. Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune Absent - 0 CONSENT AGENDA Councilmember Rettman requested that Items 1, 34, 35, and 36 be removed for discussion. Councilmember Hams requested that Item 26 be removed for discussion. Councilmember Guerin requested that Item 27 be removed for discussion Councilmember Rettman moved approval of the Consent Agenda as amended, Adopted Yeas - 7 Nays - 0 FOR ACTION 1. (Discussed later in the meeting) 2. Claims of Virginia M. Fleissner, Kathleen M. Johnson, Douglas A. Nagle, and Jeremy Scherer. Referred to City Attorney's Office 3. Administrative Orders: D94-068 - 1993 budget revision in the Housing Information Office. D94-069 - addition of $1,959.70 to the contract for Capp Road from Vandalia to 425' East. D94-070 - 1993 budget revision in the City Clerk's O�ce/General Fund. D94-071 - 1993 budget revision in the Department of Public Works/General Fund. D94-072 - 1993 budget revision in the City Attomey's Office/General Fund. D94-073 - 1993 budget revision in the Department of Finance & Management Services/ Risk Management/General Fund. D94-074 - 1993 budget revision in the Department of Finance & Management Services/General Fund. D94-075 - 1993 budget revision in General Government Account. Noted as on file in the City Clerk's Office 4. Letter from Saint Paul Public Health declaring 430-436 Whitall Street as "nuisance property". (For notification purposes only; public hearing will be scheduled at a later date if necessary.) March 23, 1994 5. Resolution - 94-279 - approving the appointment, by Mayor Coleman, of Donald Del Fiacco to the Saint Paul Civic Center Authority. (Laid over from March 16 for adoption) Adopted Yeas - 7 Nays - 0 6. Resolution - 94-280 - approving the reappointment of Lillian Micke and the appointment of Natalie Hudson, by Mayor Coleman, to the Public Housing Agency of Saint Paul. (Laid over from March 16 for adoption) Adopted Yeas - 7 Nays - 0 7. Resolution - 94-281 - approving the reappointment of Patricia Brand and the appointments of James Kowalski and Dr. Ruth Obersaat, by Mayor Coleman, to the Saint Paul Food and Nutrition Commission. (L,aid over from March 16 for adoption) Adopted Yeas - 7 Nays - 0 8. Resolution - 94-282 - approving the appointment, by Mayor Coleman, of Blia Moua to the Saint Paul Parks and Recreation Commission. (Laid over from March 16 for adoption) Adopted Yeas - 7 Nays - 0 9. Resolution - 94-283 - approving the appointment, by Mayor Coleman, of David Jann to the Saint Paul Civil Service Commission as an alternate. (Laid over from March 16 for adoption) Adopted Yeas - 7 Nays - 0 10. Resolution - 94-320 - approving the reappointments of Richard Murphy and Deborah Miller, and the appointments of Robert Lunning, Andrew Earhart, Peter Kessler, Michelle Vojacek, by Mayor Coleman, to the Heritage Preservation Commission. (To be laid over one week for adoption) Laid over to March 30 11. Resolution - 94-284 - approving renewal of various Class III and supporting Licenses (ID # 18630-95505) by: Auto Radiator & Air Conditioning, 1118 7th St. E. (general repair garage); Catholic Parents Club/Kelly Inn/Legends, 161 St. Anthony Ave. (gambling manager); Atlas Auto Parts, 228 Sycamore St. W. (motor vehicle salvage dealer/second hand dealer-motor vehicle); Majesty Auto Sales Inc., 1328 Point Douglas Road (second hand dealer-motor vehicle); Midway Training Services Inc./Sports Break, 1199 Rice St. (gambling manager); Midway Training Services Inc./Trend Bar, 1537 University Ave. W. (gambling manager); Midway Training Services Inc./Erick's Bar, 949 7th St. E. (gambling manager); Atwater Auto Body & Collision, 363 Atwater St. (auto body repair garage). (Laid over from March 16 for adoption) Adopted Yeas 7 Nays - 0 2 March 23, 1994 12. Resolution - 94-285 - approving renewal of various Class III and supporting Licenses ID # 14673-91396) by: Doug's Recycling, 240 Sycamore St. W. (recycling processing center); Monda's Restaurant, 1047 Hudson Rd. (on sale malt)(restaurant-over 14 hrs. to 99s-C); Romolo's Restaurant, 1409 Arcade St. (on sale malt)(restaurant-over 14 hrs. to 99s-C); Art's Gun Repair, 2156 Ivy Ave. E. (firearms); New Life Styles Inc., 1176 Dale St. N. (general repair garage); Clair's Mobil Service, 1341 St. Clair Ave. (general repair garage); Waldorf Corporation, 2250 Wabash Ave. (recycling processing center); Hensel Auto Body Inc., 159 Lafond Ave. (auto body repair garage); Caravelle Restaurant, 799 University Ave. W. (on sale malt)(restaurant 14 hrs. to 99s-B). (Laid over from March 16 for adoption) Adopted Yeas - 7 Nays - 0 13. Resolution - 94-313 - approving renewal of On Sale Wine, On Sa1e Malt (3.2), and Restaurant-B License (ID #46898) by Peking Restaurant of St. Paul, Inc., dba Peking Restaurant of St. Paul, 475 Etna Street. (Laid over from March 16 for adoption) Adopted Yeas - 7 Nays - 0 14. Resolution - 94-286 - approving renewal of various On Sale Liquor and Supporting Licenses (ID #16189-16395) by: Porky's, 1080 Payne Ave. (liquor on sale-100s/less-C)(Sunday on sale liquor)(off sale malt)(restaurant (C)-limited); Chistensen's Bar, 1567 University Ave. W. (liquor on sale-100s/less-C)(Sunday on sale liquor)(entertainment-class 3)(gambling location Class C)(off sale malt)(restaurant (B)-more than 12s). (Laid over from March 16 for adoption) Adopted Yeas - 7 Nays - 0 15. Resolution - 94-321 - approving renewal of Class III Gambling Premise Pernuts (ID #B03074) by Minnesota/USA Wrestling, Inc. at Judy K's, 258 W 7th St., and Champp's, 2431 W. 7th St. (To be laid over one week for adoption) L,aid over to March 30 16. Resolution - 94-322 - approving renewal of various On Sale Liquor and Supporting Licenses (ID # 16063-26897) by: Sundance Lanes, 2245 Hudson Road; Michael's, 1179 7th St. E.; Easy Street West, 616 Como Ave.; Legends Sports Bar & Benjamin's Coffee Shop, 161 St. Anthony Ave. (To be laid over one week for adoption) Laid over to March 30 17. Resolution - 94-323 - approving renewal of various On Sale Liquor and Supporting Licenses (ID #14306-88751) by: LeeAnn Chin Chinese C�isine, 214 4th St. E.; Triviski's Bar, 173 Robert St. S.; Sweeney's Saloon, 96 Dale St. N.; Radisson St. Paul Hotel, 11 Kellogg Blvd. E.; China Dynasty Restaurant, 338 St. Peter St. (To be laid over one week for adoption) Laid over to March 30 18. Resolution - 94-324 - approving renewal of Inactive Off Sale Liquor License (ID # 12456} by Duane Thomas and Antoinette Severin, dba Jackie's Spirits of St. Paul, 175 E. Sth St. #111. (To be laid over one week for adoption) Laid over to March 30 3 March 23, 1994 19. Preliminary Order - 94-325 - in the matter of improving Snelling Avenue at the intersection of Minnehaha Avenue by constructing a bumpout on Snelling Avenue at the southwest corner of the intersection (File #18738), and setting date of public hearing for May 4, 1994. Adopted Yeas - 7 Nays - 0 20. Preliminary Order - 94-326 - in the matter of sidewalk reconstruction with retaining wall and integral curb on the south side of E. Fourth Street from approximately 100 feet east of Wacouta Street to approaumately 150 feet east of Wacouta Street (File #S9413), and setting date of public hearing for April 27, 1994. (This order replaces Final Order #93-880, Item #21) Adopted Yeas - 7 Nays - 0 21. Final Order - 93-880 - in the matter of sidewalk reconstruction with retaining wa11 and integral curb on the south side of East Fourth Street. (Laid over indefinitely 6/22/93) (To be withdrawn� Withdrawn Yeas - 7 Nays - 0 22. Resolution Approving Assessment - 94-327 - in the matter of approving assessments for demolitions of vacant buildings for January & February 1994; Repair of sewer service connections for Years 1991, 1992, and 1940 Margaret St.; Boardings-up for December 1993 and January 1994; towing of abandoned vehicles from December 1992 through December 1993; and summary abatements for January and February 1994, and setting date of hearing before the Legislative Hearing Officer for May 3, 1994 and public hearing for May 11, 1994. Adopted Yeas - 7 Nays - 0 23. Resolution Approving Assessment - 94-328 - in the matter of ratification and condemnation and the taking of right-of-way in conjunction with the Grand/St. Albans CSSP (File #18711E1), and setting date of public hearing for Apri127, 1994. Adopted Yeas - 7 Nays - 0 24. Resolution - 93-86 - amending the 1992 Capital Improvement Fund by adding spending and financing for the Downtown Bus Lane Consolidation Project. (Finance Committee recommended approval) (Laid over indefinitely April 6, 1993) Adopted Yeas - 7 Nays - 0 25. Resolution - 94-329 - authorizing execution of an agreement with the Metropolitan Transit Commission for a permanent bus layover facility. Adopted Yeas - 7 Nays - 0 26. (Discussed later in the meeting) 27. (Discussed later in the meeting) 28. Resolution 94-330 - adopting the 1994-1995 Community Resource Program. Adopted Yeas - 7 Nays - 0 4 March 23, 1994 29. Resolution - 94-331 - cancelling and rescinding various sidewalk projects from their respective Final Orders. Adopted Yeas - 7 Nays - 0 30. Resolution - 94-332 - retaining services of Thomas Hughes as outside counsel to represent the City of St. Paul in a criminal investigation. Adopted Yeas - 7 Nays - 0 31. Resolution - 94-333 - approving payment of $28,000 from the Tort Liability Fund to Richard T. O'Toole in full settlement of his claim against the City of St. Paul. Adopted Yeas - 7 Nays - 0 32. Resolution - 94-334 - approving a project scope/implementation schedule for the Lao Fanuly Community Project. Adopted Yeas - 7 Nays - 0 33. Resolution - 94-335 - approving agreement between the Saint Paul Police Department and Taylor Publishing for their services in publishing a Saint Paul Police Department yearbook. Adopted Yeas - 7 Nays - 0 34. (Discussed later in the meeting) 35. (Discussed later in the meeting) 36. (Discussed later in the meeting) 37. Resolution - 94-339 - charging non-refundable fees to defray administrative costs of issuing permits for $10.00 per lot where no City provided survey is needed, and $20.00 per lot where City provided survey is needed. (Note Item #40, C.F. 94-241) Adopted Yeas -7 Nays - 0 38. Resolution - 94-340 - charging non-refundable fees to defray administrative costs of issuing encroachment permits. (Note Item #41, C.F. 94-242) Adopted Yeas - 7 Nays - 0 1. Approval of Minutes of February 16 and February 23, 1994 City Council meetings and March 9, 1994 (Closed Door Session). Councilmember Rettman moved to lay the minutes over one week. Roll Call Yeas 7 Nays - 0 26. Resolution - 93-1977 - approving the removal of ornamental safety fencing at 1550 Mississippi River Boulevard and replacing with new fence. (Laid over from January 26) Councilmember Harris requested this resolution be withdrawn. The property owner had made a request that he be allowed to remove the fence installed by the City and replace it 5 March 23, 1994 with a fence of the property owner's choosing. The City Attomey and Parks Department looked at this and advised that it may set the City up for possible liability. Councilmember Harris moved to withdraw the resolution. Roll Call to Withdraw Yeas - 7 Nays - 0 27. Resolution - 94-301 - supporting the City's position to modify cunent State Statutes relating to Replacement Housing. (Laid over from March 16) A substitute resolution was presented at the March 16 meeting. Councilmember Guerin stated that only cities of the first class are required to replace low income housing, which is mostly rental housing, with public funds being used to demolish them. The State mandates the replacement of displaced low income housing, but does not provide a funding source. Guerin stated that St. Paul has more than its share of low income housing. If St. Paul asks for this statute to be repealed, it does not preclude the City from replacing low income housing but it gives the City the option. C�rrently there is no choice but to rebuild. Guerin said he felt the original resolution gives clear direction and that the substitute resolution is conflicting. Councilmember Blakey noted the changes that were made to the resolution. The substitute does not support repeal of the statute but rather modification of the cunent legislation. It would also include expansion of the legislation into the suburbs. Councilmember Megard explained that the reason the substitute was introduced was because of the recognition of problems with the present statute. She said she is concerned that the City Council not send a message that low income housing is something that is not needed in the City. There are people in the City who need affordable and decent housing. Megard acknowledged that there have been instances where projects have been costly because of the requirements; language was added to reflect this concem. Testimony was presented at the Intergovernmental Relations Committee on 3/23/94 which indicated that 50% of the people in St. Paul need low income and affordable housing. This resolution will send a message to the Legislature that St. Paul does not request repeal of the Statute and that the Statute as it is now written does place a burden on the cities of the first class because of the costs that they are asked to bear. Affordable housing comes in a variety of ways, Councilmember Rettman stated. Statistics passed out at the IGR Committee meeting show that for the amount of units lost in the past five years, St. Paul has done more than expected in replacement. Rettman said she could support the original resolution. It does not say that the City will actively seek to displace units or people; it says that with this repeal, when public dollars are being looked at, the threshold should be considered. There is also the question of whether a determination should be made by the City Council rather than the State Legislature. Councilmember Blakey talked about the term "low income" stating it can mean different things for different people. The issue of lack of public transportation in the suburbs was also discussed. Concentration of low-income housing is a drain on City resources, Guerin stated. The City has been in a bind in trying to reduce density, Grimm stated. If restrictions aze imposed, the State must work with the City to find ways to work out this problem. 6 March 23, 1994 After further discussion, Councilmember Blakey moved approval of the substitute resolution. Roll Call Yeas - 3(Megard, Blakey, Grimm) Nays - 4(Harris, Rettman, Guerin, Thune) Councilmember Guerin moved approval of the original resolution. (A short recess was called by Council President Thune at this time) Discussion continued for a short time. Roll Call on the motion: Adopted Yeas - 5 Nays - 2(Blakey, Megard) 34. Resolution - 94-336 - accepting proposal on sale of $14,750,000 General Obligation Capital Improvement Bonds, Series 1994A, providing for their issuance, and levying a tax for the payment thereof. Peter Hames, Director of Finance and Management Services, addressed Items 34, 35 & 36. He stated that there were seven bidders on two of the bond issues and four bidders on the other one. The credit rating agencies have reconfirmed the City's credit rating of AA and AA+. The City will pay an interest rate of 4.7695% on the annual CIB sale of $14.5 million. On the general obligation special assessment bonds, the City will pay an interest rate of 4.9024%. On the general obligation refunding bonds the interest rate will be 4.5088%. Mr. Hames elcpressed his pleasure with the good interest rates the City was able to obtain. He also noted that the refunding will result in a savings to the taxpayers of a present value worth $203,000 over the term of the bonds. The interest costs and payrnents that have been budgeted for will cover the payments on the debt issuances, Hames stated. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 35. Resolution - 94-337 - accepting proposal on sale of $1,900,000 General Obligation Street Improvement Special Assessment Bonds, Series 1994B, providing for their issuance, and levying a tax for the payment thereof. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 36. Resolution - 94-338 - accepting proposal on sale of General Obligation Capital Improvement Refunding Bonds, Series 1994C, providing for their issuance, and levying a tax for the payment thereof. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 7 March 23, 1994 ORDINANCES 39. Final Adoption - 94-202 - an ordinance amending Chapter 347 of the St. Paul Legislative Code establishing licensure of dog and cat grooming facilities separate and distinct from the pet shop license. (Public hearing held March 9) (Laid over from March 16) Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 40. Final Adoption - 94-241 - an ordinance amending Chapter 121 of the St. Paul Legislative Code pertaining to permits for driveways, sidewalks and curbs, and repealing Chapter 126 of the St. Paul Legislative Code pertaining to surfacing between curb and sidewalk. (Public hearing held March 16) Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 41. Final Adoption - 94-242 - an ordinance amending the St. Paul Legislative Code by adding a new Chapter 134 pertaining to projections and encroachments within the public right-of-way. (Public hearing held March 16) Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 42. Final Adoption - 94-199 - an ordinance amending Chapter 376 of the St. Paul Legislative Code increasing fares, clarifying definitions, and adding taxicab top light requirements. (Public hearing held March 16) Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 43. Second Reading - 94-304 - an ordinance establishing the position of Administrative Assistant in the unclassified service of the Police Department, pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. Laid over to March 30 for third reading/public hearing 44. First Reading - 94-341 - an ordinance amending Chapter 324 of the Saint Paul Legislative Code relating to the sale of tobacco to minors and establishing presumptive penalties for stipulated violations. Councilmember Rettman suggested an amendment to the ordinance on Page 4, Section 324.08 changing the word "cigarettes" to "tobacco". Amended and laid over to March 30 for second reading. 45. First Reading - 94-342 - an ordinance finalizing City Council action approving a petition of Cherokee Agency Inc. to rezone property located at 675 Randolph Avenue and 463/467/469 South Osceola Avenue to B-2 (Public hearing held March 2) Laid over to March 30 for second reading. 8 March 23, 1994 46. First Reading - 94-343 - an ordinance finalizing City Council action approving a petition of Midway Chevrolet Inc. to rezone property located at 1330-1334 Sherbume Avenue to B-3. (Public hearing held March 2) Laid over to March 30 for second reading PUBLIC HEARINGS: 47. Third Reading - 93-1828 - an ordinance amending Appendix H of the Saint Paul Legislative Code relating to cable television regulation by inserting language in compliance with the Cable Television Consumer Protection and Competition Act of 1992 and the resulting FCC regulations. (Laid over from January 26) Fred Brewitz, 1875 North Park Drive, St. Paul, appeared before the Council. He stated that he was representing he and his wife as well as a11 the other people who are unable to afford the high cost of cable television. He stated that since Continental Cable was installed in his neighborhood, the price has almost tripled. He feels the City Council should have authority to regulate. Holly Yerigan, CIS/Cable Office provided background information stating that the City can regulate basic cable television service under the 1992 act and FCC regulations. This contains, at a minimum, the local broadcast channels and the public education government access channels. Cities can also regulate equipment installation service charges that are associated with basic cable television. The FCC regulates cable programming service. There is no regulation of rates for pay-for-view types of programming. In the FCC rules there are two methods of regulation; a benchmark method and cost of service method. It is the cable operators choice on which basis to file for their rates. City actions began in August of 1993 when the City Council adopted a resolution to file with the FCC to be certified to regulate cable rates. In October, 1993 the Council adopted a resolution directing staff to prepare and negotiate modifications to the franchise and the ordinance. The ordinance had it's third reading on January 6 and was laid over. Subsequently, the City did not meet the 120 day time period within which to adopt regulations. A new application was submitted and the 120 days will end on June 10. There is a current freeze on cable rates by the FCC. If the City wants to regulate basic cable television rates and associated equipment, rules must be in place by May 15 when the freeze is lifted. Ordinance amendments incorporating the rules would need to be adopted by April 13. Tom Weyandt, Assistant City Attorney, addressed the context and the purpose of the ordinance amendments. Councilmember Rettman made a motion for introduction of the substitute ordinances. Roll Call Yeas - 7 Nays - 0 Mr. Weyandt clarified that the Council would be adopting the benchmark plan that the FCC has published. There has always been cost of service regulation language in the franchise and in the regulatory ordinance. He anticipates that the federal changes may change deadlines at most. By passing these ordinances, the Council would be empowering itself to engage in rate regulations. Randall Coleman, Continental Cablevision, acknowledged the concerns of the public about cable rates but stated that service costs do continue to rise. He also pointed out that the 9 March 23, 1994 City would be regulating the basic broadcast tier and the FCC will regulate the tier above that. The cost of basic broadcast service prior to the Cable Communications Act of 1993 was $9.95. After the federally mandated benchmarks were applied, the cost went to $6.96. He said he would like to appeal to the Council's sense of faimess and spirit of cooperation, and urged the Council to keep the rate regulation of that tier in perspective. Coleman said Continental has concerns about the amendments. Councilmember Harris requested that staff prepare an analysis of what staff costs would be if the City was doing the regulating. Councilmember Guerin requested documentation on how much the City receives in franchise fees as well as revenue received from Cable Access including the Mayor's and Council's access channels. Guerin also requested that Mr. Coleman provide an analysis of the percentage the rates would go down if the City received no revenue. Lee Sheehy, attorney representing Continental Cablevision, noted that one of the proposed amendment is to require a rate proceeding whether it's benchmark or cost of service for any change in rates. The eausting language states for any "increase" in rates. If Continental chose to decrease its rates, the new language would require them to go through a rate proceeding. He does not feel this is in the public's interest and, therefore, requested that the Council return to the original language. Tom Weyandt was not open to the suggested amendment saying that federal regulations deal with a variety of things that could result in a change in value such as adding or subtracting things from the basic tier. Weyandt said Mr. Sheehy's point could be dealt with in the additional changes to the ordinance. Right now they are attempting to get a mechanism in place before the May 15 date. No action can be taken that does not conform with federal regulation. Councilmember Grimm requested that the Budget Office provide figures on what the effect would be of not having the franchise fees in the City budget. Laid over to March 30 for �nal adoption 48. Third Reading - 93-1829 - an ordinance amending Chapter 430 of the Saint Paul Legislative Code relating to cable television regulation by inserting language in compliance with the Cable Television Consumer Protection and Competition Act of 1992 and the resulting FCC regulations. (Laid over from January 26) Substitute introduced and accepted. Laid over to March 30 for final adoption 49. Third Reading - 93-1774 - an ordinance amending Chapter 60 of the Legislative Code pertaining to regulating the location of firearms dealers who sell firearms. (Continuation of public hearing from February 9, 1994) Council President Thune stated that the City Attorney recommended an inde�nite layover of this ordinance pending completion of the study by PED. Councilmember Megard moved to lay over indefinitely. Roll Call Yeas - 7 Nays - 0 10 March 23, 1994 50. Resolution - 94-271 - approving application (ID #52082) for a Second hand Dealer Motor Vehicle License by Arcade Auto Sa1es (Mark A. Pacheco, Owner) at 1414 Arcade St. (Laid over from March 9) No one appeared in opposition. Councilmember Grimm moved approval of a substitute resolution. Substitute adopted Yeas - 7 Nays - 0 51. Resolution - 94-344 - approving application (ID #86811) for the transfer of Off Sale Liquor License currently held by Kal-Bon Inc., dba Park Liquor, 140 N. Snelling Ave., to Rad Inc., dba Park Liquor Store (Michael D. Radenbaugh, President). No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 52. Resolution - 94-345 - approving application (ID #85714) for Restaurant-B, On Sale Wine, On Sale Malt (Strong), Catering-A and K-Vehicle License by Felixe's Enterprises Inc. (Nancy J. Kayoum, Vice President), dba Felix's Restaurant, 821 Raymond Ave. No one appeared in opposition. Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 53. Resolution - 94-346 - approving application (ID #64646) for the transfer of a Gambling Manager's License currently held by Donald Mastro, dba Twin Cities Metro Chapter UNICO National, at Lou's Viaduct Inn, 1056 E. 7th Street, to Patrick E. Tucci at the same address. No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 54. Resolution Ratifying Assessment - 94-347 - in the matter of grading and paving the alley in Block 1, Galarneault's and Otto Avenue Additions (File # 18687). No one appeared in opposition. Councilmember Hams moved approval. Adopted Yeas - 7 Nays - 0 55. Resolution Ratifying Assessment - 94-348 - in the matter of Lexington Parkway/Energy Park Drive intersection improvements (File 18665). No one appeared in opposition. Councilmember Rettman recognized the generous contribution of over $50,000 by First Bank Systems for the signalization at this intersection. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 56. Resolution Ratifying Assessment - 94-349 - in the matter of boarding up vacant buildings for September 1993; demolition of vacant buildings from October to December 1993; collection of expenses involved for towing abandoned vehicles from properties from October 1992 to April 1993; summary abatements (grass cutting and property clean-up) in the Thomas/Da1e area from August through October 1993; boarding up vacant buildings for October 1993; boarding up vacant buildings for November 1993; summary abatements (property clean-up) 11 March 23, 1994 in the Thomas/Dale area from October 1993 to January 1994; summary abatements (property clean up and/or snow removal) from October 1993 to mid-January 1994. (Legislative Hearing Officer recommends approval with the following exceptions: 790 Dayton Ave. (J9403A),1179 Minnehaha Ave E. (J9403A), 671 Magnolia Ave. E. (J9403A), 695 Blair Ave. (J9403A) be deleted; and 946 Edgerton (J9403A), 193 Western Ave. N. (J9403A & J9403TDBC), and 53 Dale (J9401TDBC) be laid over.) No one appeared in opposition. Councilmember Blakey moved approval Adopted Yeas - 7 Nays - 0 (Councilmember Harris left the meeting at this time) 57. Final Order - 94-350 - in the matter of condemning and taking a permanent storm sewer easement and temporary construction easement in connection with the Hampden/University Area Storm Sewer Separation project (File #18724-E). No one appeared in opposition. Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 58. Final Order - 94-351 - in the matter of condemning and taking of permanent storm sewer easements and temporary construction easements in connection with the University/ Mississippi Area Storm Sewer Project (File #18727-E). No one appeared in opposition. Councilmember Megard moved approval. Adopted Yeas - 6 Nays - 0 (Councilmember Harris returned at this time) 59. Public Hearing in the matter of rezoning property from RT-1 (residential) to B-2 (commercial) to allow an extended parking lot and additional maneuvering space for an eausting automobile convenience market by SuperAmerica at 1082 Front Avenue. Councilmember Rettman stated that there were two property owners who contacted her office. One of the adjacent property owners does not support the rezoning, however, if it is approved, they would like evergreen trees planted on the east side of the property. The concerned property owners have discussed this with SuperAmerica. A concem was raised by another property owner that the property would lose value. However, the rezoning requires a ten foot buffer and landscaping which should protect residential housing as well as the egress and ingress. Katy Lindblad, PED, noted that conditions can not be placed on rezonings but stated that the site planner is aware of the request for additional landscaping and this will be included in the site plan Councilmember Rettman moved approval. Motion of intent approved Yeas - 7 Nays - 0 60. Resolution - 94-352 - ordering the owner(s) to repair or remove the building at 201 Congress Street West within fifteen (15) days from the adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 12 61. Resolution - 94-353 - ordering the owner(s) to repair or remove the building at 602 Sims Avenue within fifteen (15) days from the adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 62. Resolution - 94-3543 - ordering the owner(s) to repair or remove the building at 1714 Nebraska Avenue East within fifteen (15) days from the adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 63. Resolution - 94-355 - ordering the owner(s) to repair or remove the building at 661 York Avenue within fifteen (15) days from the adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 64. Resolution - 94-356 - ordering the owner(s) to repair or remove the building at 1680 LaCrosse Avenue within (15) days from the adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 65. Resolution - 94-357 - ordering the owner(s) to repair or remove the building at 1129 Ross Avenue within fifteen (15) days from the adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 SUSPENSION I'TEMS: Councilmember Rettman moved for suspension of the rules to introduce the following resolution. Roll Call Yeas - 7 Nays - 0 Resolution - 94-358 - approving projects and programs to be submitted to the Metropolitan Council to be reviewed, rated and possibly approved for ISTEA Funding. Councilmember Rettman stated that staff had found an additional item to add to the request for state funding which could bring in another $480,000 to the City for river bluff acquisition and preservation project. Councilmember Megard questioned how much CIB money will be committed in 1996 if all of the projects and programs come through considering that a 20% City match is required. Mike HIassen, Public Works, responded that he did not have the figures available at this time. He acknowledged that not all of them will be approved in the CIB process; however, whatever is approved through the CIB process and the City's budget process, if the local share is not made available, the City is not required to move forward on any projects. 13 March 23, 1994 There are some projects that are in for 1996 and could actually be in 1997. Klassen said his concem was that they did not want to have to go before the CIB Committee and the Council for a 1995 amendment to the proposed Capital Improvement Budget. These programs and projects have already been rated. However, if additional funds would be available, it was felt they should be utilized. After a brief discussion, Councilmember Rettman moved approval as amended. Adopted Yeas - 7 Nays - 0 Councilmember Thune eJCplained that the following resolution is for a gambling premise permit where a non-profit left the establishment and they want to bring in a new non-profit as soon as possible. Councilmember Guerin moved suspension of the rules to introduce the resolution. Roll Call Yeas - 7 Nays - 0 Resolution - 94-359 - approving application (ID #B-02422) for a State Class B Gambling Premise Pernut by Midway Training Services, Inc. at John & Paul's Bar, 731 Randolph Avenue. Councilmember Guerin moved approval Adopted Yeas - 7 Nays - 0 � Councilmember Grimm moved for suspension of the rules to introduce the following resolution. Roll Call Yeas - 7 Nays - 0 Resolution - 94-360 - releasing $135,000 from City Council Contingency to develop a coordinated marketing plan for the City of Saint Paul. Councilmember Thune stated that this resolution involves entering into an agreement with the Saint Paul Convention and Visitors' Bureau to prepare a unified marketing strategy. It is a commitment from the Convention and Visitors' Bureau to go through an evaluation process before the end of this year and before the beginning of the next budget cycle. After reviewing the results, the City could decide whether or not to continue funding. Councilmember Harris noted that the City is presently subsidizing convention activities, especially those related to the Civic Center, in an approximate amount of $500 thousand per year. Harris and Megard both requested a one week layover in order to allow for more time to review the issues involved. Councilmember Rettman stated that during the budget process, these dollars were placed in contingency to look at what the Convention and Visitor's Bureau was saying is a revenue generator and how it can be measured. Four hundred and fifty thousand dollars is going toward lights in Rice Park which are general fund dollars which amounts to one-third to one-half percent tax levy. Councilmember Rettman said she will be looking to see if the St. Paul tax payer is going to benefit by dollars coming in and will not support additional dollars going out if it is not "quantifiable, qualifiable, and separate from the $900,000 already going there". Almost all the conventions at the Civic Center result in a profit, Guerin stated. Those that don't are St. Paul specific such as community festivals. Hotel/motel dollars were always meant to go back into attracting visitors. 14 March 23, 1994 Mark Riley, owner of the Norwest Center, and Chairperson of the Downtown Council said that this initiative started two years ago from a downtown partnership meeting. Many different avenues were explored in looking for the best way to implement a image campaign to promote downtown St. Paul. The City's payback is in the form of a vital downtown. Councilmember Megard questioned why the consolidation of the Convention Bureau and the Downtown Council has not yet taken place. John Fisher, President of the St. Paul Convention and Visitors' Bureau, responded that the merger was to have been completed last year but it did not happen. The funds were placed in contingency to be released subject to the condition that there be funding in place for the first year. In response to a question raised by Councilmember Megard, Mr. Fisher clarified that there will not be two executive directors. He will continue to be the president of the Convention and Visitors' Bureau and there will be a third division headed by the third vice president of the Convention and Visitors' Bureau. Councilmember Harris stated his concern with bringing the resolution in under suspension and said he would like to see all the facts before making a decision. Council President Thune said he feels this is a good investment and that the track record of the Convention and Visitors' Bureau is very good. Councilmember Hanis withdrew his motion for a layover. Councilmembers Grimm moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Guerin moved to adjourn the mee ng. ED :30 P.M Coun il Pr id , avid Thune ATTEST: Minutes approved by Council Nancy An on � � Assistant C ncil Secretary 15