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COUNCIL MINUTES_1989_52BNUMBER OR NAME OF FIRST DOCUMENT OF REGULAR CONTENTS F.. NUMBER OR NAME OF LAST DOCUMENT MICROFILMED Cameraijl S Image Orientation: Cine Comic i< Reduction_- ex �/ DuplSimplex Exposure Camera Orientation �� & only Image Count Document Orientatio 6 PH Blipped: yesX o Certificate of Authenticity This is to certify that the microphotographs appearing on this microfilm of the documents described above are accurate and complete reproductions of records delivered in the regular course of business for photographing. Ramsey County Central Services - Microfilm Room 60 Ramsey Y Courthouse / St. Paul, Minnesota 55102 N 3n �� rrr immm °°° amera perator DaeMiroi e r _: a ROLL IDENTIFICATION SHEET ROLL NUMBER t , a s i DEPARTMENT l/ s CONTENTS NUMBER OR NAME OF FIRST DOCUMENT OF REGULAR CONTENTS F.. NUMBER OR NAME OF LAST DOCUMENT MICROFILMED Cameraijl S Image Orientation: Cine Comic i< Reduction_- ex �/ DuplSimplex Exposure Camera Orientation �� & only Image Count Document Orientatio 6 PH Blipped: yesX o Certificate of Authenticity This is to certify that the microphotographs appearing on this microfilm of the documents described above are accurate and complete reproductions of records delivered in the regular course of business for photographing. Ramsey County Central Services - Microfilm Room 60 Ramsey Y Courthouse / St. Paul, Minnesota 55102 N 3n �� rrr immm °°° amera perator DaeMiroi e r _: 1 MINUTES HEMCOUNCIL 9OF JANUARY 3, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9.00 A.M. t' Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, i Wilson Absent - 0 ORDINANCES 1. Second Reading - 88-2025 - An ordinance creating a Citizen Service Program and a Zw.Mp Mayor and City Council Information &, Complaint Office together with the objectives to be established for the Citizen Service Program, and creating a Section 16.04 position of Citizen Service Program Director and abolishing of the Administrative Code. (FOR ACTION)) Laid over to January 5th for Third Reading. , Second Reading - 88-2000 - An ordinance amending Section 41.03" of the ' j 1 MINUTES HEMCOUNCIL 9OF JANUARY 3, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9.00 A.M. t' Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, i Wilson Absent - 0 ORDINANCES 1. Second Reading - 88-2025 - An ordinance creating a Citizen Service Program and a Zw.Mp Mayor and City Council Information &, Complaint Office together with the objectives to be established for the Citizen Service Program, and creating a Section 16.04 position of Citizen Service Program Director and abolishing of the Administrative Code. (FOR ACTION)) Laid over to January 5th for Third Reading. 2. Second Reading - 88-2000 - An ordinance amending Section 41.03" of the ' j Legislative Code oertaining to disconnection of stormwater and clearwater connections from sanitary or combined sewers and the appeal Process for extensions of time. (FOR ACTION) Councilmember Rettman referred to this and the 'following related ordinance and said the City Attorney Jerry Segal has recommended adoption of C.F. 88-2026 instead of this one. Councilmember Scheibel exolained the intent of C.F: 88-2026 and Councilmember Long said with the explanation he would withdraw this ordinance and support C.F. 88-2026. i' Councilmember Sonnen said she is hesitant to act on public hearings pertaining = to rainleaders. Councilmember Scheibel exolained the rainleader program and the appeal process to the Board of Appeals and said they will Present their considerations and recommendations. Councilmember Wilson said he agrees when the program was set uo the intent was for an aooeal process but he said he does have some concerns. After considerable discussion there was agreement to continue both C.F. 88-2000 E and C.F. 88-2026 to Third Reading for further discussion. Laid over to, January 5th for Third Reading. 3. Second Reading - 88-2026 - An ordinance amending Section 41.03 of the Legislative Code pertaining to disconnection of stormwater and clearwater connections from .sanitary or combined sewers and Providing an appeal process for extensions of time, :,(FOR ACTION) Laid over to January 5th for Third Reading. 4. First Reading - 89-1 - An ordinance amending Chaoter 404 of the Legislative Code pertaining to Private Clubs and adding a nondiscrimination Provision. -(FOR' REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Community & Human Services Committee. 5. First Reading - 89-2 - Anordinance creating a new Chanter 236 of the Legislative Code prohibitingg the use of certain oacka n materials for food and PUBLIC beverages sold at retail. ?FOR REFERRAL TO THE WORKS COMMITTEE) Referred to the Public Works Committee. 1 s r fat h S y January 3, 1989 APPLICATIONS - COMMUNICATION 6. Claim of Eugene Acciari, 856 Jackson, filed December 19, 1988, was read. Referred to the City Attorney's Office. Claim of Joyce Baber, 1005 Conway, filed December 16, 1988, was read. Referred to the City Attorney's Office. Claim of Jeanne Cordes, 982 Burr, filed December 15, 1988, was read. Referred to the City Attorney's Office. Claim of Ronald Gadbois, 461 W. Lawson, filed December 20, 1988, was read. Referred to the City Attorney's Office. Claim of Craig Gleb, 759 Winslow, filed December 15, 1988, was read. i - Referred to the City Attorney's Office. •. Claim of Angelique Kamps, 1835 Mechanic #2, filed December 20, 1988, was read. Referred to the City Attorney's Office. Claim of Kimala Kimble, 2727 Portland #1G4, filed December 14, 1988, was read. Referred to the City Attorney's Office. Claim of Adella Lorsung, 1047 Westminster, filed December 16, 1988, was read. Referred to the City Attorney's Office. Claim of Patrick Lund, 4479 Geneva, Oakdale, MN, filed December 12, 198, was read. Referred to the City Attorney's Office. Claim of John Schmidt, 1763 Burns, filed December 19, 1988, was read. Referred to the City Attorney's Office. Claim of Ray Smith, 1952 University Ave., filed December 12, 1988, was read. Referred to the City Attorney's Office. 7. Letter of the City Attorney announcing a date of public hearing for January 26th before an Administrative Law Judge pertaining to possible adverse action against licenses held by Charles Laverty dba Bawkeye Liquor Store, Inc. located at 111 Concord Street. Filed (CC #13080) ' 8. Administrative Orders D-10029 through 0-10056 were noted as on file in the City Clerk's Office. Upon request of Councilmember Long, Administrative Orders D-10031, D-10035, D, 10038, 0-10041 and D-10043 were referred to the Finance, Management & Personnel Committee. COMMITTEE REPORTS 9. Resolution - 88-1858 - Approving the appointments and reappointments by the 'to Mayor of persons as listed serve on the St. Paul CIB Committee. (Finance, Management & Personnel Committee recommends aooroval) — Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 ls� I - 3 - 10. Resolution -••88-1919 - Authorizing proper City officials to execute -a License Agreement .between th2,City's Police Department and St. Paul Burlington Limited Partnership;for office space located in the First Trust Center for the ouroose z of a loop skyway beat office. (Finance, Management & Personnel Committee recommend approval) r Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 NEW BUSINESS RESOLUTIONS 11. Resolution - 89-3;;- Establishing the rate .of oay.for Citizen Service Program Director, m Grade.,20 of the Salary Plan and Rates of Comoensation Resolution, and deleting City Information and Complaint Office. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the, Rules & Policy Committee. 12. Resolution - 8g4 -Amending Sectign.28.B of the Civil Service Rules pertaining y to compensation. ._(FOR REFERRAL TO THE FINANCE, MANAGEMENT. & PERSONNEL ' COMMITTEE) Referred to the Finance, Management & Personnel Committee. 4 13. Resolution - 89-5 - Authorizing proper City officials to execute an. agreement ' with the State Department of Education for the, continuation of the lending. library relationship with the City's Division of Libraries. (FOR ACTION) Councilmember Long moved approval of the resolution. . Adopted .., Yeas - 7 Nays - 0.. 14. Resolution - 89-6 - Amending the. rules for distribution of funds within the � Youth Athletics and Sports Fund. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) 1 Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 - Nays.- 0 15. Preliminary,. Order r 89-7 .- Improving East.Shore Drive from Johnson Parkway to Laroenteur by constructing concrete, curb and gutter, grading and. paving with bituminous material, reconstructing drainage system,. constructing street. lighting system, pedestrian and bicycle oaths and improving Johnson Parkway from Maryland to East Shore Drive by removing existing bituminous curb and replacing. it with concrete curbs and gutters and 'placing a bituminous overlay, and setting date of hearing for February 7, 1989. Councilmember Rettman moved aooroval of the resolution. ti--<•: Adopted Yeas - 7. Nays - 0 16. Preliminary Order - 89-8 - Opening, widening and extending East Shore Drive by taking and condemning the southerly 610 ft. of Government Lot 1 lying in the Southwest 1/4 of Section, 22, Township 29, Range 22 and lying westerly of the :'. Northern Pacific Railway right-of-way, and setting date of hearing for February 7, 1989. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 17. Preliminary Order - 89-9 - Constructing green lantern style street lighting system on St. Clair from Snelling to Lexington as ;part of the Syndicate/Fairmount Area Street Paving & Lighting Project, and setting date of r hearing for February 7, 1989. Council member Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 3 - x r� fi 4 January 3, 1989 _ r.. Councilmember Rettman requested a discussion on the Administrative Law Judge process pertaining to the Pacific Garden and the Nakoyah Japanese Restaurant. Councilmember Scheibel said the Mayor has requested this issue be discussed at the January 10th Council meeting but there could be some discussion today. 'ta There was considerable discussion relative to Procedures and policies to be } +' followed and the orocesses involved. - y ! Jane McPeak indicated if Council wanted to make a request it would be proper to a:27 have the request in resolution form. Councilmember Sonnen referred to a resolution placing the two establishments a back on the schedule for oossible adverse action. +•' Upon question of Councilmember Scheibel, Phil Byrne appeared and said a resolution reopening this issue is acceptable and he cautioned Councilmembers against prejudged .issues or actions and to act today only that the matter be reopened. x: Councilmember Long spoke in support of the resolution referred to by i Councilmember Sonnen and to discussion to take place January 10th. Councilmember Wilson referred to conversation that took olace between himself and .the oroorietor of the Pacific Garden. and Mr. Byrne referred to ex parte contacts and exolained where conversations could be a oroblem. Councilmember Dimond moved that the rules be susoended to consider an item not on the agenda pertaining to rescheduling public hearings before an Administrative Law Judge. Adooted Yeas - 7 Nays - 0 { Resolution - 89-39 -Directing the City Attorney to reschedule public hearings before an Administrative Law Judge for the establishments of the Pacific Garden t and of the Nakoyah Japanese Restaurant and requestinq the Mayor, City Attorney 5 and Deoartment Directors of Finance, Community Services and Fire to meet with Council on Tuesday, January 10th on the Administrative Law Judge hearing Councilmember Dimond moved aooroval of the resolution with an amendment. Adopted Yeas - 7 Nays - 0 Councilmember Dimondsuggesteda meeting be set up with the Mayor pertaining to limiting access of departments and Councilmember Scheibel said a retreat will be scheduled.in the near future and that issue can be discussed at that time. Councilmember Long moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 9:51 A.M. i ounc T President ATTEST: Cooies sent to Councilmembers T -�-BC/ %�, �5� *� I GQ� Minutes approved by Council W" ,' y er �1 k ABO:omk m x r� MINUTES OF THE COUNCIL ti 9:00 A.M JANUARY 5, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA � r r, k The meeting was called to order by President Scheibel at 9:00 A.M. Present - 5 - Councilmembers Dimond, GDswitz, Long, Rettman, Scheibel i ,' Absent - 2 - Councilmembers Sonnen (excused and Wilson � ORDINANCES S Final Adoption - 88-1912 _ An ordinance rezoning property of Emily Fredricksen located at 2029 Grand Avenue from RM-2'to B2 -C to establish an antique shop in a Pheld ortion of the first floor of the' existing residence. (FOR ACTION -'Hearing Councilmember Scheibel referred to a request by Peggy Reichert, Deputy Director of Planning to la 'this item over to explore alternative actions. Lisa Freese of PED appeared explained i layover and the reasons of the request for •.. Councilmember Rettman moved that this ordinance be laid over for 60 days to March 7, 1989. Adopted Yeas -.5 d Nays—,O 2. First Pertain to or An .ordinance amending Chapter'91 of the Administrative Code pertaining to prpcedures for public hearings regarding public nuisances by establishing an average service level ofpolice responses to private property at four in a 12 month period and authorizing the City Attorney to commence 'lega action against the owner of the private Property for unjust enrichment when Police 'responses exceed level. (FOR REFERRAL TO THE HOD SING Sl DEVELOPMENT'COMNITTEE) & ECONOMIC Referred*to the Housing & Economic Development Committee. 3. First Reading - 89-11 - An ordinance amending Chapter 60 of the Legislative Code and granting the petition of residents on E. Hawthorne Avenue to rezone orooerties located at 50, 54, 60, 64, 68, 72, 76, 78 and 88 Hawthorne and 1237 Jackson from I-1 to R-4 for the purpose of bringing zoning Classification` into conformity with present use. (FOR ACTION - Hearing held December 1st) Laid over to January 12th for Second Reading..; 4. First Reading - 89-12 - An ordinance amending the Legislative Code by adding a new chapter licensingg personal property locker facilities. (FOR 'REF ERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE)' Referred to the Community &'Human Services Committee. APPLICATIONS - CanICATION s u ' 5. SS�mmons and Complaint in the matter of Elia M. Chahla vs the City of St. Paul et , Referred to the City Attorney's Office. se ° C 6. Notice of Motion and Motion for Temporary Restraining Order and Other Relief in the matter of Familystyle of St. Paul, Inc. vs theCity of St. Paul. Referred to the City Attorney's Office. 5- January 5, 1989 - 6 - OUNNITTEE REPORTS 7. Second Reading - BB -1828 - An ordinance amending Chapter 413 of the Legislative dW Code pertaining to Conversation Parlors. (Community & Human Services Committee recommends approval ) Laid over to January 10th for Third Reading. 8. Second Reading - 88-1831 - An ordinance amending the Legislative Code by adding a new orovision regulating the business of cabaret. (Community & Human Services Committee recommends approval) Laid over to January 10th for Third Reading. 9. Second Reading - 88-1833 - An ordinance amending the Legislative Code by adding a new provision governing the business of health/sport clubs. (Community & Human Services Committee recommends approval) Laid over to January 10th for Third Reading. 10. Second Reading - 8B-1834 - An ordinance amending the Legislative Code by adding a new provision governing the business of steam room/bath house. (Community & Human Services Committee recommends approval) Laid over to January 10th for Third Reading. 11. Second Reading - 8B-1561 - An interim ordinance restricting new development in the area bounded by White Bear, Third, Ruth and I-94 pending completion of studies of possible amendments to the City's Comprehensive Plan and Zoning Regulations. (Housing & Economic Development Committee recommends withdrawal) Councilmember Dimond withdrew the ordinance. j 12. Resolution - 88-1566 - Requesting the Planning Commission to conduct a study as to whether the Comorehensive Plan and/or Zoning Regulations should be amended as they relate to orrooerties located within the area bounded by White Bear, Third, Ruth and I-94 and that it reoort its findings and recommendations to the Council. (Housing & Economic Development Committee recommends withdrawal) Councilmem er Dimond withdrew the resolution. 13. Resolution - 88-1861 - Authorizing proper City officials to Day MWCC $22,727.84 for the ourchase of Drooerty located in the Etna/Third Street area in conjunction with the Belt'Line Sewer System Pond Acquistion project. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 NEW BUSINESS - RESOLUTIONS 14. Resolution - 89-13 - Acknowledging notice of resignation of present Fire Chief, requesting the Mayor to give notice for appointment to the examining committee with said committee to provide for competitive examinations to test fitness, grading and certification to the Mayor of the five best qualified positions, noting the intent of the Council to provide appointment to thisvacancy as soon as possible with said committee to be established and advised of its duties, and further intent of Council that there will be no listing nor publication of the names of any candidates until such time as the vacancy Js formally and legally declared. `fOR ACTION - Finance, Management & Personnel Committee recommends i approval) Councilmember Long withdrew the resolution. - 6 - 1 kj.. �S Ij Y6d67f January 5, 1989 15. (R($geB Bonds Series 1989A 11,750 000);ution - aStreet Improvement tSpecialance Assessment Bonds Series 19896 ($1,620,000); Como Conservatory Bonds Series 1989C ($5,000,000); Warner/Shepand Road Bonds Series 1989D ($5,500,000); and Refunding Bonds. Series 1989E ($2,275,000). (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. — 16. Resolution - 89-15 - Authorizing St. Paul Police Department to accept $20.00 donation by East Side residents for the purchase of 1989 Christmas decoration costs. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Councilmember Rettman said she is in favor of the motion and she requested that the proper activity code for funding be so noted in the City Clerk's Office within a period of one week to show the intent of the businesspeople. Roll call on the motion for approval. Adooted Yeas - 5 Nays 0 17. Resolution - 89-16 - Authorizing proper City officials• to execute an agreement with the State Deoartment of Transoortation to provide for oayment of approximately $32,300 by the State to the City for State's share of sewer seoaration'pro0ect constructed by the City on W. 7th Street between St. Paul and Snelling Avenues. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays -:0 18. Resolution - 89-17'- Authorizing orooer City officials to execute an agreement with the State Deoartment of Transoortation to provide for payment of approximately '$58,300 by the State to the City for States share of sewer $6oaration project constructed by the City on Concord Street from, Curtice to Page Streets. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas 5 Nays - 0 19. Resolution - 89-18 - Authorizing orooer City officials to' execute a written agreement with the St. Louis, Missouri Zoological` Park providing for the donation by St. Paul to St. Louis of one female Lion -tailed macaque monkey contingent upon incorporation into the Soecies Survival Plan for Lion -tailed macaque under the direction of the American Association of Zoological Parks 'and Aquariums. (FOR ACTION) Councilmembers Dimond and Long moved approval of the resolution. Adopted Yeas - 5 - Nays - 0 20. Resolution - 89-19 - Authorizing orooer City officals to execute a lease agreement with West Seventh Community Center; Inc., located at 265 Oneida for the continuation of library services in the West Seventh Popular Library. (FOR ACTION) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 21. Resolution - 89-20 - Authorizing orooer City officials to execute a contract with the State Department of Health whereby the City's Health Division will orovide HIV testing and AIDS risk reduction counsel„ing among clients attending a ppublic sexuallyy transmitted disease clinic. (FOR ACTION) Councilmember Dimond moved aped val5 f the resolution. 0 Adopted -7- f a � , tip 43 kt `r - -•.. 1 1 f1.. January 5, 1989 { 22. Resolution - 89-21 - Withdrawing and removingg from consideration C.F. 86-1405 adooted, Seotember 29, 1988 which aooroved aoolication by the Minnesota Amateur SpprtS Commission for funis to construct a Rowing and Canoe/Kayak Center on Phalen Lake.mber (FOR ACTION) a CouncdlmeDimond said this is with the understanding' that a training }fes facility still could be located in St. Paul and he moved aooroval of the gc� ry resolution. Adopted Yeas - 5 Nays - 0 9 23. Resolution - 89-22 - Refunding advance sewer connection charge in the amount of $680 to the property owner of 630 Juno Avenue. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adooted Yeas - 5 Nays - 0 " { 24. Resolution - 89-23 - Amending C.F. 88-1904 by correctingg legal descriotion of an easement waiver in vacated Congress Street between Concord and Robert. (FOR ACTION] Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 25. Resolution - 89-24 - Authorizing proper City officals to pay Esther Miller $45,000, for the ourchase of property described as the south' 1/2 of Lot 15, Blk. 1, Subd. of BI k.'13, Stinson's Division for the widening of Dale Street between Sherburne and Van Buren. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 26. Resolution - 89-25 - Approving waiving and re rasing retained utility easements in vacated Fisk, Street from the north line of .Arlington to the south line of W. Nebraska as vacated by C.F. 167249 adooted February 17, 1954. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays'- 0 27. Resolution - 89-26 - Reprimanding Jimbee Corporation dba Mike's Bar (Betty Lou Harding, Pres.) located at 326 Grove Street for gambling license violations. (FOR ACTION - Hearing held December 15th) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 4 Nays - 1 (Long) 28. Resolution - 89-27 - Approving Assessment for Summary Abatements (property clean up) from mid-October through mid-December 1988, and setting date of hearing for February 14, 1989. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 �. 29. Resolution - 89-28 - Approving Assessment for Boarding Uo.of Vacant Buildings through October 1988, and setting date of hearing for February 14, 1989. Councilmember Rettman moved aooroval of the resolution. t 4 i Adopted Yeas,- 5 Nays - 0 s 30. Resolution - 89-29 - Approving Assessment for Boarding Up of Vacant Buildings x through November 1988, and setting date of hearing for February 14, 1989. Counc itk .fir ` Adoptedmember Rettman moved aooroval of the resolution. Yeas - 5 Nays -'0 2 iYi r' 31. Resolution - 89-30 - Approving Assessment for Boarding UD of Vacant Buildings �� 1+, ,, v through September 1988; and setting date of hearing for February 14, 1989. 9 �' , Councilmember Rettman moved aooroval of the resolution. '"' - Adopted Y.r a Yeas - 5 Nays - 0 8- E i January 5, 1989 PUBLIC HEARINGS 32. Third Reading - 88-2025 - An ordinance creating a Citizen Service Program and a Mayor and City Council Information & Complaint Office together with the objectives to be established for the Citizen Service Program, and creating a position of Citizen Service Program Director and abolishing Section 16.04,of the Administrative Code. (FOR ACTION) Councilmember Scheibel noted there will be discussion on this ordinance in , Committee. No one appeared in 0000sition. Laid over to January 12th for Final Adoption. 33. Third Reading - 88-2000 - An ordinance amending Section 41.33 of the Legislative Code pertaining to disconnection of stormwater and, clearwater connections from sanitary or combined sewers and the appeal process for extensions of time. (FOR ACTION) Ron Glassman of the Board ''of Appeals and Review a'p'peared, and questioned the lack of directive language to the Board of Appeals and Review in the ordinance. Councilmember Scheibel explained how 'he views the differences between this ordinance and the following related ordinance and their intents. Councilmember Rettman said its still not clear to her whether either of the ordinances accurately,state intents. Upon, question of, Councilmember Scheibel, Ed Starr said in reviewingg� both the ordinances they each, incorporate into. Chapter 18.02 for the Board of A'ppeals to make a determination to be oresented to the Council and that the Council's ouroose is for ratification only. He said if the Council does not concur with the Board's determination it then becomes,a nullity and he stated he believes this ordinance more clearly sets forth intent than C.F. 88-2026. Councilmember Long requested an amendment striking; some language and adding .requesting a variance, rather than an extension of. time. Councilmember Dimond spoke in 0000sition to the amendment•and said Council can extend time if necessary but he doesn't feel it is necessary to make permanent changes. Mr. Glassman said this item should be'treated like all the other aooeals that come before the Board of Appeals and Review and there should not be'a one year limitation aiid he said the Board unanimously approved they will rehear all cases that 'previously had been denied a variance. Councilmember Goswitz spoke in su000rt of the amendment and said we need to meet certain criteria set forth by the Federal government. Mike Klassen of the Sewer Division of Public Works appeared and said their issue is whether the sanitary sewers have enough reserve capacity to take on any overflow water and he,referred to,mandates and the need for adequate capacities and he requested extensions of time instead of variances. There was, considerable discussion of costs to homeowners and Councilmember Dimond requested this and the following related ordinance be referred to the Public Works Committee for further discussion. Councilmember Scheibel said he agrees there are concerns with some of the language and .he thanked Mr. Glassman for; taking the time to come to Council today. It ,was noted that both Councilmember Long and Councilmember Goswitz requested this ordinance be referred to the Public Works Committee for discusssion. Councilmember Rettman withdrew C.F. 88-2026 and said sh, suoports C.F. 88-2000. Councilmember Long moved his amendment as Previously slated. Roll call on the amendment. Adopted Yeas - 5 Nays - 0 Referred to the Public Works Committee. -9- J a r= ;`. '= 34. 36. January 5, 1989 Third Reading - 88-2026 - An ordinance amending Section 41.03 of the Legislative Code pertaining to disconnection of stormwater and clearwater connections from sanitary or combined sewers and Providing an appeal process for extensions of time. (FOR ACTION) (See discussion above) Councilmember Rettman withdrew this ordinance. Resolution - 89-32 - Approving the Petition of First Trust National Association for the vacation of building encroachments in Topping and Arundel Streets bounded by Atwater, Western, Burgess and Mackubin in order to clear title of property. (FOR ACTION - Public Works Committee recommends approval) No one aooeared in opposition. Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 35. Resolution - 89-31 -Suspending On Sale Intoxicating Liquor License and other licenses held by Phalen Park Liquors, Inc. dba Yannarellyy's Bar (Emmit 1199 Payne Avenue. (NOT CONTESTED) r Yannarelly, Pres:) located at Phil Byrne appeared and referred to a letter of Mr. Yannarelly in which he is not contesting the facts and requesting leniency and he said there appears to be no circumstances for going upward from the matrix. Richard Kadrey, attorney representing Yannarelly's Bar, aooeared and explained the violation that occurred and he said Mr. Yannarelly runs a clean neighborhood bar and he requested Council to show leniency and he answered questions of Councilmember Long. No one else aooeared. Councilmember bimond moved a three day suspension. Councilmember Goswitz moved a one day suspension. Councilmember Scheibel said he could su000rt a lesser susoension because of the dollar amount involved, the establishments track record and that the violation occurred among friends. Councilmember Dimond moved susoension of the license for two consecutive days. Upon question of Councilmember Rettman, Mr. Byrne referred to signs posted in the bar prohibiting gambling activities. Councilmember Long smoke in support of a two day susoension. Roll call on the motion to suspend the license for two consecutive days. Adopted Yeas - 4 Nays - 1 (Goswitz) There was some discussion and agreement that susoension of the license be on Monday, January 16, 1989 and Tuesday, January 17, 1989. 46. Resolution - 89-47 - Approving the transfer of On Sale Liquor, On Sale Sundayy Liquor, Restaurant and Rooming House Licenses by John Rupp dba University Club located at 420 Summit Avenue. Kris Schweinler from Licensing aooeared and said their recommendation is for aooroval . No one aooeared in p000sition. Uoon question of Council, Mr. Rupp aooeared and said there is some remodeling k-ing done which includes the kitchen and he said a City inspector had been out and the work will be cprapteted within the next 30-60 days. Councilmember Rettman requested a stioulation be placed on this resolution that all outstanding work be done by March 1, 1989, and Mr. Rupp indicated agreement to that date. Roll call with the amended stioulation. Adooted Yeas - 5 Nays - 0 _ mul E C.; January 5, 1989 = 37. Resolution - 88-2041 - Aooroving with stipulation or denying application for a 4 r' Class B Gambling License applied for by the Hayden Heights Booster Club at the Kick Off Bar. located at 1347 Burns. (Laid over from December 22nd) - No one appeared in opposition. Councilmember Dimond explained why this item had been laid over to today and he c, said there is no oroof that Hayden Heights had connections with prior comments 4i 't made and he moved approval of the resolution. Chris Schweinler from .the Licensing Division appeared and said their ' recommendation is for approval. Councilmember Goswitz also moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 38. Resolution - 88-2042 - Aooroving application for a Gambling Location License applied for by the Food & Pub Co. dba the Kick Off Bar located at 1347 Burns. iLaid over from December 22nd) s ((See discussion above) ' No one appeared in opposition. Adopted Yeas - 5 Nays - 0 39. Resolution -.88-2043 - Aoorovingthetransfer of Gambling Manager's License by Kathryn Bondurant dba the Hayden Heights Booster Club currently located at the Westsider at 429 S. Robert Street to the Kick Off Bar located at 1347 Burns. (Laid over from December 22nd) No one aooeared in oobosition. (See discussion above) Adopted Yeas - 5 Nays - 0 40. Resolution - 89-33 - Approving application for On Sale 32 Malt and On Sale Wine Licenses (menu items) aoulie for by Minnesota Pasta, Inc. (D.W. Thomas, Pres) dba The Coliseum Restaurant located at 2175 Ford Parkway. No one appeared in opposition. Councilmiinber Dimond moved approval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Long left the meeting at this point and returned later. 41. Resolution - 89-34 - Approving with stioulation application for Second Hand Dealer-MotorVehicle License and New Motor Vehicle Dealer License by Hauler's Equipment Co., Inc. (Paul L. Nelson, Pres.) dba Hauler's Equipment Company, Inc. located at 2230 Kasota. No one aooeared in 0000sition. Chris Schweinler of the License Division aooeared and recommended approval. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 4 Nays - 0 42. Resolution - 89-35 - Aooroviig application for the renewal of Off Sale Liquor and Original Container Licenses aoolied for by Kal-Bon, Inc. dba Park Liquor Co. located at 140 N. Snelling Avenue. No oneaooeared in 0000sition. CounciImember Dimond moved aoproval of the resolution. Adopted Yeas - 4 Nays - 0 43. Resolution - 89-36 - Approving application for General Repair Garage License aoolied for by Roy Berger dba Autdmotion, Inc. located at 1136 E. 7th Street. No one aooeared in 0000sition. _._._:. Chris Schweinler of the License Division aooeared and recommended approval. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 _ 11 _ \� � \\\ 2 -- � 2: �i v� < \ � � � w� :��y��/ \ £ \, :v.a.. . � � � � �� . .. ...: � � � . � k MINUTES OF THE COUNCIL Y� 9.00 A.M• JANUARY 10, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. 4 Present - 4 - Councilmembers Dimond, Goswitz,Long, Scheibel Absent - 3 - Councilmembers Rettman (excused), Sonnen and Wilson fi r. (Councilmembers Sonnen and Wilson arrived at points during the meeting) APPLICATIONS - COMMUNICATION -` 1. Claim of Roy Koehnen.dba Royal Asphalt (Clark Isaacs, attny.) filed December 27, 1988, was read. Referred to the City Attorney's Office. 2. Administrative Orders D-10057 through D-10069 were noted as on file in the City Clerk's Office. Later. in the meeting Councilmember Long requested that D-10067 be referred to the Management & Personnel Committee for discussion. t ,,Finance,, COMMITTEE REPORTS 3. Second Reading - 88-1719 - An ordinance amending Chapter 109 of the h ah... Administrative Code entitled "Affirmative Action Advisory Committee" to Provide Committee 4s= for the staggering of the terms of membership: (Rules & Policy " recommends aooroval k' Laid over to Thursday, January 12th for-Third Reading. 4. Resolution - 88-1689 - Asking the Mayor to direct labor negotiations to require enforcement personnel to file statments of economic interest. (Rules & Policy Committee aooroval of a substitute resolution) Upon questibb of Councilmember Long, Jane McPeak referred to and explained her memo'as it relates to elected and a000inted officials. Councilmember Long explained the substitute resolution and said he feels it is a better approach and he moved approval of the resolution. Adopted Yeas - 4 Nays - 0 ' NEW BUSINESS -'RESOLUTIONS' 5. Resolution - 89-40 - Requesting the Public Health Division to educate residents about radon and that an informational card and/or oamohlet'be included in the } •' next available water bill and requesting the Minnesota Pollution Control Aggencyy dwellings. (FOR REFERRAL to develop a program for radon testing in residential THE HOUSING &ECONOMIC DEVELOPMENT COMMITTEE) s ^ TO Referred to the Housing &'Economic Development Committee. 1 6. Resolution - 89-41 - Requesting the Commissioner of the State Department of Transportation to determine the maximum safe speed on Cretin Avenue from x7 a ;' Marshall to I-94.' (FOR ACTION)' Chris Nicosia of Public Works aooeared'and said this request was from the dand the resolution ii'for a u30 the area to determine if the neighborhood - ---- oedlimit should be educed from 35 mph tomoh Cbuncilmember Long moved aooroval of the resolution. 1 7 . _ Adopted "Yeas - 4 Nays - 0 h 4 S 1 } k g # - 13 - _ 1 January 10, 1989 7. Resolution - 89-42 - Establishing residential permit parking on Lincoln between Cleveland and Prior. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. Councilmember Wilson arrived at this point in the meeting. PUBLIC HEARINGS 8. Third Reading - 88-1828 - An ordinance amending Chapter 413 of the Legislative Code pertaining to conversation parlors. (Community & Human Services Committee recommends approval) No one appeared in opposition. Laid over to January 17th for Final Adoption. 9. Third Reading - 88-1831 - An ordinance amending the Legislative Code by adding a new provision regulating the business of cabaret.. (Community & Human Services Committee recommends approval) No one aooeared in ooposition. Laid over to January 17th for Final Adoption. 10. Third Reading - 88-1833 - An ordinance amending the Legislative Code by adding a new provision governing the business of health/sport clubs. (Community & Human Services Committee recommends approval) No one aooeared in ooposition. Laid over to January 17th for Final Adoption. 11. Third Reading - 88-1834 - An ordinance amending the Legislative Code by adding a new provision governing the business of steam room/bath house. (Community & Human Services Committee recommends approval) No one appeared in ooposition. Laid over to January 17th for Final Adoption. 12. Hearing to consider the appeal of Robert Sooerner to a Summary Abatement Order for property located at 635 Sherburne. Upon request of Councilmember Wilson this item was laid over to Thursday, January 12th; Laid over to January 12th. 14. Resolution 89-44 -y ApproviYng the transfer of inactive Off Sale Liquor License currenLigquortllncedbabNorthhEnd Liquor (Blair Merwin, PresJulia •'; locatPres edto North End at 951 Rice. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Councilmember Scheibel said Councilmember Rettman has requested this resolution be laid over to Thursday, January 12th. Laid over to January 12th. 13. Resolution - 89-43 - Ratifying Assessment for Summary Abatements (property clean up) for properties located at 1028 Ross, 897 Carroll, 1023 White Bear, 136 Isabel, 1014 Euclid, 72 N. St. Albans, and 384 N. Lexington. (Laid over from November 29th) Upon request of Councilmember Wilson property located at 384 N. Lexington was laid over for two weeks to January 24t1i. Steve Roy aooeared and presented his staff report for property located at 1028 Ross and it was noted no one was present representing that address. Councilmember Dimond moved aooroval of the assessment. Adopted Yeas - 5 Nays = 0 Later in the meeting Councilmember Goswitz noted that the property owner had come to Council late and he requested that the assessment for property at 1028 Ross be laid over to Thursday, January 12th. -14- ' January 10, 1989 Steve Roy aooeared and presented his staff reoort for property located at 897 Carrol l and said previously there had been question if this was the correct orooerty that was cleaned up by staff. He said they have looked into the question and it has been determined the correct property was cleaned un And he said the assessment is for $120.00. F „ Thelma Pettiford, Property owner, appeared and said her sons cleaned uo the orooerty. Upon request of Councilmember Wilson the assessment for 897 Carroll was laid over one week for further investigation. Councilmember Sonnen arrived at this point in the meeting. Steve Roy aooeared and Presented his staff report for property located at 1023 White Bear Avenue and said it since the last meeting it has been determined that the correct orooerty had been cleaned by the City. i Marge Best, orooerty owner, aooeared and said she contends an error 'has"'been " made and that the City's own orooerty and not hers was cleaned uo and the pal oictures shown are tat her oroperty: fi Steve Roy said the Clean Up Crew has informed him that both the City lots and that located at 1023 White Bear were all cleaned uo. Councilmember Goswitz moved dismissal of the 'total assessment. Councilmember Sonnen moved to reduce the assessment from $259.50 to $59.50.' Roll call'on Councilmember Sonnen's motion to reduce the assessment-to $59:50.' Adopted Yeas - 5 Nays - 1 (Goswitz) Steve Roy presented his staff report for orooerty located at 136 Isabel. A lady aooeared reoresenting Russ Namilton, 'part owner of the property, and she said notification was never received by them to clean up the propertyy Mr. Roy noted notification was mailed and nothing returned to their office indicating incorrect' address. { Councilmember Dimond said there is no disoute the work needed to.be done and he + said notice was sent to the correct address and he moved disproval of the assessment. Roll call. Adooted Yeas - 6 Nays - 0' Steve Roy presented his staff report for property located at 1014 Euclid and it was noted no one was oresent pertaining to this address. Councilmember Sonnen moved aooroval of the assessment. Roll call. ` Adopted Yeas - 6 Nays - 0 Later in the meeting Councilmember Dimond said the orooerty owner arrived late and he requested orooerty located at 1014 Euclid be laid over to Thursday;' y : January 12th. Laid over to January 12th: Steve Roy Presented his staff report for orooerty located at 72 N. St. Albans and he said the owner isn't oresent today but was 'Present at the previous meeting and that the work was not completed. Councilmember Dimond moved approval of the assessment. Roll call. Adopted Yeas - 6 Nays - 0 15. Resolution - 89-45 Approving the addition of Wai Dock Wong, Ricky Kiang And n Jong Yuen Hwang to the current stockholder of Great Wall, Too, Inc. (Yuk Leung Shum) for On Sale Wine, Restaurant and On Sale Malt for the establishment located'at 2144 Ford Parkway. l No one aooeared in opposition. Councilmember Long moved approval of the resolution. 1 Adopted Yeas - 6 Nays - 0 -15- -16- a January 10, 1989 16. Resolution - 89-46 - Aooroving application for Massage Therapist License by Susan Larkin dba Vi's therapeutic Massage Center located at 1821 University. No aooeared in 0000sition. Councilmember Sonnen moved approval of the resolution. t� Adopted Yeas - 6 Nays - 0 a n; 17. Hearing to consider the application by Fraternity House, Inc. (Robert Swansons, Pres.) dba Fraternity Grill' for a new Restaurant and Sunday Liquor Licenses and for the transfer and activation of On Sale Liquor and Entertainment Class III Licenses currently held by inactive by Western State Bank for property located at 498 Sel by. No one appeared in opposition. Councilmember Long moved approval of the transfer. Adopted Yeas -'6 Nays - 0 MISCELLANEOUS 18. Presentation by the Police Department of the D.A.R.E. Program. Police Chief McCutcheon aooeared and oresented a video of the DA.R.E. (Drug Abuse Resistence Education) Program and said he is presenting it to the School Board this evening and he noted that Dr. Bennett of the School Board is Present today. Councilmembers Dimond, Long and Scheibel thanked Chief McCutcheon for coming today and expressed their excitement of the Program. Councilmember Wilson requested that the rules be suspended to consider an item not on the agenda pertaining to a budget resolution and he said they are requesting $21'000 for public interest in the program. Roll call on suspension of the rules. Adopted Yeas - 5 Nays - 1 (Sonnen) { Resolution - 89-63 - Amending the 1989 budget by transferring $21,000 from Contingent Reserve to Police Administration Division and adding $21,000 to the Financing & Spending Plans for Special Projects -Police Fund-D.A.R.E. Program. Councilmember Sonnen said she had questions and asked if this is available to refer to Committee, and Councilmember Scheibel said it could be referred to Committee but there are key people present today to answer any questions of Council. Upon question of Councilmembers, Chief McCutcheon said he will be acting as oartners with the School Board and they are acting in the theme of the newly established Drug Task Force. Councilmember Scheibel said we have the opportunity today to take this first step in a major issue of the City and he spoke in support of the resolution. Councilmember Dimond said Councilmember Sonnen raises good points but there has been discussion on this issue and he feels it's wise to move ahead today. Roll call on the resolution. Adopted Yeas - 6 Nays - 0 19. Discussion with the Mayor, the City AttorneAdy d Department Directors of Finance, Community Services, and Fire on the maninistrative Law Judge hearing process. Phil Byrne, Assistant City Attorney, and Mayor George Latimer appeared and there yy was considerable discussion on the process of adverse hearing and procedures to �; be followed by City staff and Council and both the Mayor and Mr. Byrne answered questions'of Council. After further discussion it was requested that Mr. Byrne develop policy guidelines to follow when a department initiates an adverse hearing. — Fi led Councilmember Goswitz left during the discussion above. -16- a J January 10, 1989 Councilmember Scheibel said he was contacted by Assistant City Attorney Terry Sullivan that Council should meet.in closed session pertaining to the Fire Fighter Test settlement. Councilmember Sonnen said there's been so much publicity in the papers recently and she sees no purpose of having a private meeting. Council member„Scheibel .said he .talked to.Mr. Sullivan about thatpoint and Mr. Sullivan indicated the need to have a closed session. Councilmember Dimond. spoke :in favor of a closed session and aftersome discussion it was agreed Council would meet in Closed Session Tuesday, January 17th at -8:30 A.M..jn the City: Attorney's Office. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 11:10 A.M. ectenx; -- ATTEST: Copies sent to Councilmembers .2 .Minutes approved by Council ;2 — 9�� r� LMA:pmk � L A � 1 / 7 MINUTES OF THE COUNCIL 9.00 A.M - $ JANUARY 12, 1989 y cu` COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA } .The meeting was .called to order by President Scheibel at 9:05 A.M. l l ° a Present - 6 - Councilmembers Dimond, Gpswitz, Long, Rettman, Scheibel, Wilson Absent - 1 - Councilmember Sonnen (arrived at a point during the meeting) ORDINANCES 4 ' 1. Final Adoption - 88-2025 - An ordinance creating a Citizen Service Program and a Mayor and City Council Information & Comolaint Office together with the objectives to beestablished for the Citizen Service Program, and creating a {a "` position of Citizen Service Program Director and abolishing Section 16.04 of the Administrative Code. (FOR ACTION) i ,y Upon question of Councilmember Rettman, Councilmember Long said he attended the Rules and Policy meeting .where this item was discussed and that no changes have been made to the ordinance. ! Councilmember Rettman reiterated her feelings that the position of Program Director be a Civil Service oosition. Councilmember Wilson said he also has concerns and he questioned if there is a particular reason for that position being a non -classified one. Councilmember Dimond said he sees this position similar to that of an aide to } the Mayor or Council and that person is responsible to both the Mayor and Council and he feels it should be a non -classified position. Councilmember Scheibel said the Mayor clearly understands this is a joint ,I position and he said he sees it as being more flexible and more chance of participation by the Council than if it were Civil Service. Councilmember Long moved approval of the ordinance. 1 Adopted Yeas - 6 Nays - 0 Ord. #17621 2. Second Reading - 89-11 - An ordinance amending Chapter 60 of the Legislative Code and granting the petition of residents on E. Hawthorne to rezone properties located at 50, 54, 60, 68, 72, 78 and 88 Hawthorne and 1237 Jackson from 1-1 to R-4 for the purpose of bringing zoning classification into conformity with present use. (FOR ACTION - Hearing held December 1st) Laid over to January 19th for Third Reading. 3. First Reading - 89-48 - An ordinance amending Chapter 310 of the Legislative Code by licenseholder's clarifying responsibility for actions of his or her employees on the licensed premises. (Community & Human Services Committee recommends acoroval) Laid over to January 19th for Second Reading. APPLICATIONS- COMMUNICATION 4. Claim of Terrance Donnelly, 4 W. Gold Lake Road, Circle Pine, MN, filed Januar y 4, 1989, was read. - Referred > {nem N to the City Attorney's Office. Claim of Dean Ellsworth,18 W. Acker, filed January 3, 1989, was read. " Referred to the City Attorney's Office. Claim of Brent Halvorson,2124 Como Ave. #201, filed January 3, 1989, was read. Referred to the City Attorney's Office. Claim of Rita Kalema, 183 Little Canada Road, filed December 30, 1988, was read. Y` *4 Referred to the City Attorney's Office. `; 18 - 0 January 12, 1989 Claim of Sylvia Lee (Benjamin Kail, attny.), filed December 30, 1988, was read. Referred to the City Attorney's Office. Claim of Mohawk Moving & Storage, 8271 W. 35W Service Drive, Minneapolis, MN, filed January 4, 1989, was read. Referred to the City Attorney's Office. Claim of Larry Olson (Fletcher O'Toole, attny.), filed December 28, 1988, was read. Referred to the City Attorney's Office. Claim of Elnora Salmela, Edgewood Apartments #46, Banks Street Exchange, Fort Mill, S.C. 29715, filed December 29, 1988, was read. Referred to the City Attorney's Office. Claim of David Weber, 217 Bates #1, filed January 4, 1989, was read. Referred to the City Attorney's Office. COMMITiFE REPORTS 5. Second Reading - BB -1832 - An ordinance amending Chapter 415 of the Legislative Code pertaining to theatres and movie theaters. (Community & Human Services Committee recommends aooroval) Laid over to ,January 19th.for Third Reading. 6. Resolution— 88-1926 - Approving the appointments and reaopointments by the Mayor of persons listed to serve on the Youth and Athletic Sports Fund Board. (Community & Human Services Committee recommends approval) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays 0 NEW BUSINESS - RESOLUTIONS 7. Resolution -89-49 - Changing the rate of pay for Building Code Officer from Grade 31, Section ID4 to Grade 32 of the Professional Suoervisory Standard Range in the Salary Plan and Rates of Comoensation Resolution. (FOR REFERRAL TO FINANCE, MANAGEMENT & PERSONNEL COMMITTEE - First Reading) Referred to the Finance, Management & Personnel Committee. 8. Resolution - 89-50 - Allowing employees resigning in 1988 who qualify for severance pay the option of receiving it in full or in five equal installments. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee.' 9. Resolution - 89-51 Approving the appointments of Kevin Kajer, Sam Verdeja and Barbara Wencel and the reappointments of Frank Horak, Robert Van Hoef, Dr. Earl Miller, Sr., Gladys Morton, Gary Park and Kathleen Zieman, by the Mayon to serve as members of the St. Paul Planning Commission. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE Referred to the Community Human Services Committee. 10. Resolution - 89-52 - Approving the appointment of Janet Cleland to the position of Assistant to the Mayor effective January 13, 1989. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Sonnen arrived at this Point in the meeting. -19- \ \\ January 12, 1989 rei ' v H �• i' r> 11. Resolution - 89-53 - Stating intention not to allocate funds in the 1990 budget or budgets for fu ture years for promotions or reclassifications with city deoartments, office or agency not specifically provided for in the adopted budgc�et orapproved by Council resolution. (FOR REFERRAL TO THE FINANCE, MAN GEMENT & PERSONNEL COMMITTEE) Councilmember Wilson requested at this time that his signature be removed from the resolution. Referred to the Finance, Management & Personnel Committee. 12. Resolution - 89-54 - Supporting recommendations to meet objectives of a property tax reform proposal and directing City lobbying staff to work on legislation to accomplish objectives. (FOR ACTION - Legislation Committee recommends approval) Councilmember Long referred to discussion held in Committee and explained amendments made and he moved approval of the resolution as amended by Committee. Roll call. Y Adopted Yeas - 7 Nays - 0 ¢ ' _ 13. Resolution - 89-55 - Supporting legislation to remove MSA street width and parking requirements contained in Minnesota Rules Chaoter 8820 and directing City lobbying staff to propose such legislation for the 1989 session. (FOR' ACTION - Legislation Committee recommends approval) Councilmember Long moved approval of the resolution. Adooted Yeas - 6 Nays - 1 (Goswitz) 14. Resolution - 89-56 - Supporting legislation establishing a "Year of the City" -program designed to held cities of the first class and directing City lobbying staff to ur000se such legislation in 1989. (FOR ACTION - Legislation Committee recommends approval) `- Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 J 15. Resolution - 89-57 - Supporting legislation to permit the use of fingerprinting for candidates for the oosition of firefighter as a background check: (FOR ACTION - Legislation Committee recommends layover) After discussion it was noted that this would be laid over in Committee until we reoort. Ftheir Laid over for a report from the Legislation Committee. 16. Resolution - 89-58 - Requesting Administration to require aoorooriate City deoartments and divisions to imolement the Council's intent to work with the State to draft enabling legislation for the City to utilize recommendations of Governors Commission on Affordable Housing in achieving goals of code enforcement and correcting property maintenance oroblems. (Community & Human Services Committee recommends aporoval) Councilmember Rettman exolained this and the following two related resolutions and thanked all who worked on them and she said this is a great opportunity to take a giant step forward for housing in the City. Councilmember Wilson noted the hard work Councilmember Rettman did on this oroject and said she gave good, hard leadership. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 20 - P l � 11 1 1 January 12, 1989 ' 17. Resolution - 89-59 - Requesting Administration to require a porooriate City departments and divisions to implement the Council's intent to work with the State and County to take part in and work with the County in the operation of ,fit+ _ pilot program allowing the the City to utilize recommendations of Governor's Commission Housing in on Affordable achieving goals of code enforcement and correcting property maintenance problems and that Administration require z + apporopriate City departments and divisions to imolement Council's intent to have ; # the City be the site for the pilot project. (Community &Human Services }a Y < Committee recommends aooroval) k t Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 t. 18. Resolution- 89-60 —Requesting Ramsey County District Court implement the City's strong concern to upgrade and maintain the housing stock and reviewing ` the concent of a housing court, that orocosed fines for multiple violationsbe ' considered as reggards p *.axing violations at a particular property and occurring in any 12 month period, and requesting Ramsey County District Court to take under advisement the suggested fine schedule and appropriate' action to implement said schedule. (Community & Human Services Committee recommends approval) ¢ Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 19. Preliminary Order - 89-61 - Aooroving acquisition of easements for the w Flandrau/Case Area Storm Sewer project, and setting date of hearing for February 21, 1989. Councilmember Rettman moved approval of the resolution. H Adopted ' Yeas - 7 Nays - 0 PUBLIC HEARINGS 20. Third Reading '- 88=1719 An ordinance amending Chapter '109 of the Administrative Code pertaining to an Affirmative Action Advisory Committee to provide'for staggering terms of membership. (Rules & Policy Committee' recommends aooroval)- Noone appeared in opposition'. Laid over to January 19th for Final Adoption. 21, Resolution- 89-62 - Aooroving' application for Off Sale Malt License applied for by the Walgreen Comoaoy dba Walgreens located at 99 W. Maryland. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) = Greg McNamer,'Manager, of Walgreens, was oresent to answer questions of Council. No one appeared in opposition. - Councilmember Rettman moved aooroval of the resolution. 't Adootedll Yeas - 7 Nays - 0 i,.. ADDITIONAL AGENDA ITEMS o- 1. Hearing to consider the appeal of Robert Soperner to a Summary Abatement Order for Property located at 635 Sherburne. (Laid over from January 10th) Frank Staffenson appeared and presented his staff report and distributed ' x " photographs taken of the property. _ 4 Mr. Sooerner appeared and requested that he be given an extension of time to the because Spring to clean up his property stating it would be more convenient of the weather. Councilmember Wilson said there is a tremendous amount of refuse and he cannot justify extending the time. 7 Upon question of Councilmember Scheibel, Mr. Staffenson said the resolution will 4 A be drawn uo and published and he estimated the time to be approximately three (Discussion continued on following page) r 7 21 - J- g1 January 12, 1989 (Discussion continued from Drevious oage) a � H " weeks for Mr. Spoerner to clean up his property and if it's not completed by the } ham of oublication in the legal ledger City staff will do the work and assess No one else appeared. �r�t "r;E Councilmember Dimond moved that the appeal be denied to be completed b '-�� 1 oublication of the resolution. Y s4 %z Adopted Yeas - 7 Nays - 0 2. Resolution 89-44 - Approving the transfer of inactive Off Sale Liquor License currently held by Anthony Liquors, Inc. (Julia Zaine Pres.) to North End v Liquor, Inc. db a North End Liquor (Blair Merwin, Pres.3 located at 951 Rice az Street. (FOR REFERRAL TO COMMUNITY & HUMAN SERVICES COMMITTEE - Laid over from January 10th) Councilmember Rettman gave some background information on this item and she said F. N.EA.R. feels this is an aoorooriate use that fits into the neighborhood and Z she moved aooroval of the resolution. r No one appeared in opposition. ,. Roll call. Adopted Yeas - 7 Nays - 0 Councilmember Scheibel referred to a letter he received pertaining to a license hearing on January 10th for Fraternity House at 498 Selby and he said the letter should be part of the record and he asked the License Division to make a copy available to the licensee. � � r 3. Resolution - 89-64 - Ratifying assessment for Summary Abatements (property clean UD ) for orooerties located at 1028 Ross and 1014 Euclid. (Laid over from a s January IOV =n i Frank Staffenson presented his staff reoort for property located at' 1028"Ross x ` and said notification had been returned and his office tried further to locate the owners to no avail. Tom Korbell, property owner, appeared and said they did not receive notification and he exolained problems they were having pertaining to their mail and therefore requested the Post Office relay a no forwarding address and he stated they are in the orocess of moving and selling their home but their phone number was made available in various ways. Councilmember Dimond said this is the official mailing address and that we need to go forward and he moved aooroval of the assessment.' Councilmember Scheibel exolained that staff uses the mail as their means of notification and Mr. Staffenson explained that this house had been referred to them by the Fire Deoartment. �P Roll call on the motion to aoorove the assessment. Adopted Yeas - 6 Nays - I (Goswitz) i w F Frank Staffenson oresented his staff report on property located at 1014 Euclid egw and it was noted no one was present pertaining to this address. Councilmember Dimond moved aooroval of the assessment. l v Roll call. Adopted Yeas - 7 Nays - 0 Councilmember Wilson said Monday, January 16th is the Martin Luther King Holiday and he invited all Councilmembers and communities to join in the rally and other 4 — events occuring throughout the day. The meeting was thereupon adjourned. ATTEST: A D J 0 R N E D A T. 10.00 A.M. ); council Fresi ent iLaerK Copies sent to Councilmembers ABO:amk Min22es approved by Council z A y9 i ii I -. MINUTES OF THE COUNCIL `i 8:30 A.M. > JANUARY 17, 1989 c " ROOM 647 CITY HALL AND COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 8:30 A.M. ky Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel and Wilson (Councilmember Goswitz.arrived at 9:05 A.M,) Absent - 1 - Councilmember Sonnen Also Present - Ed Starr; Terrance Sullivan; Jane McPeak and Al -Olson' The City Council met in closed session pursuant to Minnesota Statutes tod,scuss litigation involving the StatesHuman Rights Department vs the City relative to fire fighters examination. ADJOURNED AT 9:20 A.M. ATTEST: �iTPresi ecicnt Coo,es sent to Councilmembers I II UU �i Minutes apo,,)ved by Council Wu"vV �— yer Ago:omk i a - 23 - MINUTES OF THE COUNCIL 9:00 A.M JANUARY 17, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:25 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Long (arrived at a point during the meeting) APPROVAL OF MINUTES 1. Approval of minutes for City,Council meetings of December 1, ,8, 13, 15, 20, 22 and 27, 1988. Councilmember Rettman moved approval of the minutes. Roll call. Adopted Yeas - 6 Nays - 0 ORDINANCES 2. Final. Adoption r 88-1828,- An ordinance amending Chapter 413 of the Legislative Code pertaining to conversation parlors. (Community & Human Services Committee recommends approval) Councilmember Rettman moved approval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17622 3. Final Adoption - 68-1831 - An ordinance amending the Legislative Code by adding a new provision regulating the business of cabaret. (Community & Human Services Committee recommends approval) Councilmember Rettman moved aooroval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17623 4. Final Adoption - 88-1833 - An ordinance amending the Legislative Code by adding a new provision governing the business of health/sport clubs. (Community & Human Services Committee recommends approval) Counc.1member Rettman moved aooroval of the ordinance. Adopted Yeas - 6 Nays - 0 _ Ord. #17624 Councilmember Long arrived at this point in the meeting. 5. Final Adoption - 88-1834 - An ordinance amending the Legislative Code by adding a new Provision governing the business of steam room/bath house. (Community & Human Services Committee recommends approval) Councilmember Rettman moved approval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17625 APPLICATIONS - COMMUNICATION 6. Application of Personnel Office to State Deoartment of Administration for temporary classification of data as confidential as it pertains to sexual harrassment complaints. There was some discussion and it was noted the resolution has been adopted setting the policy and this is the first issue before Council on that policy. Filed (CC #13082) 24 - r l - January 17, 1989 ,+ 1 COlNITiEE REPORTS x x. 7. Second Reading - 88-1911 - An ordinance amending Section 5.03 of the to Division Accounting and establishing o' 1 Administrative Code pertaining the of levels for the Comprehensive Annual Financial Reoort. (Finance, reporting Management & Personnel Committee recommends aooroval) r l - January 17, 1989 ,+ 1 COlNITiEE REPORTS x x. 7. Second Reading - 88-1911 - An ordinance amending Section 5.03 of the to Division Accounting and establishing o' Administrative Code pertaining the of levels for the Comprehensive Annual Financial Reoort. (Finance, reporting Management & Personnel Committee recommends aooroval) Laid over to January 19th for Third Reading. sf� ` `' 8. Resolution - 88-1917 - Amending the 1987 CIB -budget by adding $2,700,000 to the •, i4s Financing & Spending Plans to provide funds for levee and floodwall. improvements on the Mississippi River and the Adventure Playground construction on Harriet Island. (Finance, Management & Personnel Committee recommends aooroval as amended) Councilmember Long explained the amendment and the substitute resolution and he moved it be aooroved: Councilmember Scheibel thanked persons present who worked on this item. Roll call on the motion for aooroval: Adopted Yeas - 7 Nays - 0 9. Resolution - 89-14 - Authorizing the issuance of CID Bonds Series 1989A ($11,750,000); Street Imorovement Soen al Assessment Bonds Series 19898 ($1,620,000) Como Conservatory Bonds Series 1989C ($5,000,000); Warner/Shepard Road Bonds Series 1989D ($5,500,000); and Refunding Bonds Series 1989E ($2,275,000). (Finance, Management & Personnel Committee recommends approval of substitute resolution)' Gary Norstrem; City Treasurer, aooeared and'exolained changes since the " rk Committee met to issue $2,000,000 in Street Improvement Assessment' Bonds and he }* 0 e answered questions of Councilmembers. Upon question of Councilmember Long, Peter White aooeared and said originally the Committee a - they gave a rough estimate and he said they ran estimates after i,. meeting and the City will collect the $2 million. Councilmember Long said 'we should go 'ahead with this resolution but in the future hear issues fully -in Committee and he moved approval of the substitute resolution: Roll call on the resolution. Adopted Yeas - 7 Nays - 0 10. Resolution - 88-2032 - Approving the reappointments by the Mayor of persons as listed to serve on the St. Paul Affirmative Action Advisory Committee. (Finance; Management & PersonnelCommi tt ee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS i 11. Resolution - 89-65 - Approving the appointment by the Mayor of James Yannarelly k� as City staff member of the examining board for Truth -in -Sale of Housing v evaluators. (FOR ACTION) „ Go uncilmembers Wilson and Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 v aFP 12. Resolution - 89-66 - Approving the a000intment by the Mayor of Councilmember Minneapolis/St. Paul Family Housing Fund Board of Directors. (FOR c �z Dimond to the ACTION) Councidlember Rettman moved a oproval of the resolution. Roll AdooteYeas - 7 Nays - 0 1 r 13 1 - 25 - i i i January 17, 1989 13. Resolution - 89-67 - Requesting the Charter Commission to review and recommend for adootion amendments to Sections 10.02, 10.03, 10.06, 10.08 and 10.09 of the City Charter pertaining to Budget and Financing. (FOR ACTION) Upon request of Councilmember Long this resolution was referred to the Finance, Management & Personnel Committee. 14. Resolution - 89-68 - Authorizing proper City officials to execute a contract with the State Department of Health to subsidize American Indian Health Care. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted ' Yeas - 7 Nays - 0 15. Resolution - 89-69 Approving actions by the Board of Aooeals and Review for properties located at 645 St. Anthony, Michael Peterson, aooellant; 383 W. 7th, C.A. Carlone, aooellant; 707 Preble, Joseph Haines, aooellant; 397 Bates, Donald Toenjes, appellant; 982 E. Ivy, Leonard Minich, aooellant; 1034 Suburban, Ronald Flynn, aooellant; 1389 University, Midway Chevrolet/T.L. Krebsbach, appellants; and 1000 University, G.T. Parts, Co./George Toby, appellants. (FOR ACTION) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 16. Resolution - 89-70 - Approving actions by the Board of Aooeals and Review for properties located at 400 Holly, Duncan Russell, aooellant; 1461 Edgcumbe Rd., Albert Palvicek, aooellant; 1485 Edgcumbe Rd., Chris Lake -Smith; appellant; 547/549 Grand, Eric Lein, aooellant; 514 Humboldt, Wilder Residence/Rick Johnson, appellants; 550 S. Albert and Cretin -Durham Hall/Mel 'Scanlon, aooellant. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 1Nays - 0 17. Resolution - 89-71 - Uoholding a decision by the Planning Commission and denying the appeal of Dan Osadchuk for a third dwelling unit on property located at 1204-1208 N. St. Albans and allowing orooerty owner until July 1, 1989 to discontinue use of the third unit. (FOR ACTION - Hearing held December 13th) Councilmember Rettman moved aooroval of the resolution and she requested the City Clerk's Office to send a copy of it to the Housing Information Office. Adopted Yeas*- 6 Nays - 1 (Goswitz) 18. Resolution - 89-72 Supporting legislation amending Minnesota Statutes Section 272.0 and 272.01 to protect tax exemot status of City and HRA -owned parking facilities and directing City lobbying staff to draft, introduce and lobby such legislation during the 1989 session. (FOR ACTION - Legislation Committee recommends approval) Councilmember Rettrnan moved aooroval of the resolution. Councilmember Sonnen said she 'voted against this in Committee and she explained why she is voting against it today. Councilmember Dimond spoke in support of the resolution. Councilmember Scheibel also sooke in support of the resolution. Roll call on the motion for approval. Adopted Yeas - 5 Nays - 2 (Goswitz/Sonnen) 19. Preliminary Order - 89-73 - Condemning and taking permanent easements for utility purposes in conjunction with the Albemarle/Nebraska Sewer Separation Project, and setting date of public hearing for February 21, 1989. Councilmember Rettman moved approval of the order. Adooted Yeas - 7 Nays - 0 -26- -pro.-�_at-----_'' January 17, 1989 20. Preliminary Order - 89-74 - Condemning and taking permanent utility easements in conjunction with the Albemarle/Nebraska Area Storm Sewer Separation Project, and setting date of public hearing for February 21, 1989. Council member Rettman moved approval of the order. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 23. Final Order - 89-76 - Constructing the Sylvan/Acker Area Storm Sewer Project bounded by Marion, Magnolia, I -35E and Charles. Laid over to January 31st. 24. Final Order - 89-77 - Constructing sanitary, storm and water service connections if.requested for the Sylvan/Acker Area Storm Sewer and Street Paving and Lighting Project. Laid over to January 31st. 25. Final Order - 89-78 — Improving parts of Lightner, Sylvan, Sycamore and Elk with bituminous roadways, concrete curb and gutter, driveways and outwalks, regrading and sodding boulevards, and constructing a street lighting system. Laid over to January 31st. " 26. Final Order 89-79 - Improving Palace Avenue from Lexington Parkway to approx. 200 feet.east by grading and.oaving, constructing concrete curb and gutter and sanitary sewer and sewer service connections. Laid over to February 14th. 27. Final Order -,89-80 - Condemning and taking an easement in land necessary for slopes, cuts and fills including right of removal of lateral su000rt occasioned by excavations or construction of slopes in the grading, and paving of Palace from Lexington Parkway to approx. 200 ft.,east. Laid.over to February 14th. 28. Final Order - 89-81 - Constructing water service connection from temoorary water main in Palace. (Lexington Parkway to the east) to property legally described as listed. Laid over to February 14th. 29. Final Order' -.89-82 - Grading and paving Montana from Arkwright to proposed cul- de-sac approx. 290 ft. west of the west line of Arkwright, and grading and oaving of Nebraska from Arkwright to proposed cul-de-sac aoprox. 420 ft. west of the west line of Arkwright, constructing sanitary sewer in Nebraska from 370 ft. west of the, west line of Arkwright to to 300 ft. of the west line of Arkwright and constructing sewer service connections and concrete curb and gutter. Laid over to February 14th. 30. Final Order - 89-83 - Constructing water main in E. Nebraska from Arkwright to the Soo Line Railroad tracks and in E. Montana from 190 ft. west of Arkwright to 290 ft. west of Arkwright and constructing water service connections. Laid over to February 14th. 31. Final Order - 89-84 - Condemning and taking easement in land necessary 'for slopes, cuts and fills including right of removal of lateral support occasioned by .excavations or construction of slopes in the grading and paving of Montana from Arkwright to the proposed cul-de-sac aoorox. 29O ft. west of the west line of Arkwright, grading and paving of Nebraska from Arkwright to proposed cul-de- sac aoorox. 420 ft. west of the west line, of Arkwright. Laid ober to February 14th. - 27 - January 17, 1989 Final Order - 89-87 - Open and widen Montana and Nebrasks by creating a cul-de- sac and condemning an easement for sewer. Laid over to February 14th. 22. Resolution - 89-75 - Ratifying Assessment for Summary Abatement (property clean up) for property located at 897 Carroll. (Laid over from January 10th) John Betz of the Health Division appeared and presented their staff report and ' answered questions of Councilmembers. j After some discussion Councilmember Wilson moved the assessment be reduced to $44.50. Roll call on the motion. Adopted Yeas - 7 Nays - 0 34. Resolution - 89-86 - Susoendin9 On Sale Intoxicating Liquor License and all _ other licenses held by St. Clair Properties, Inc. dba Gallivan's Bar and Restaurant (Robert Mullan, Pres.) located at 354 N. Wabasha. (NOT CONTESTED) Jane McPeak stated that Phil Byrne is unable to be in attendance today and that 1 he requested she represent him and she then presented their staff report. She said the matrix provides for suspension of three consecutive days and that Mr. i Byrne said he sees no circumstances to go beyond that. Mr. Sal men, attorney representing Gallivan's, aooeared and explained the incident and he requested Council to consider a one day suspension. Chris Schweinler of the License Division aooeared and answered questions of Councilmember Sonnen pertaining to previous and Present ownership. Councilmember Rettman said she doesn't see any mitigating circumstances and she movedsuspension of the license for three consecutive days commencing Sunday, January 22nd. Councilmember Dimond called the question. Roll call on the motion to suspend the license for three consecutive days. Adopted Yeas - 6 Mays - 1 (Goswitz) Councilmembers Scheibel and Dimond commented oz Gallivan's being a good establishment with a good track record. Mr. Salmen aooeared and requested Council to stagger the three days suspension rather than being consecutive and after a few moments Councilmember Scheibel stated there appears to be sentiment by Council not to stagger the suspension and Mr. Salmen said if it is three consecutive days the preferred starting date is January 22nd. 32. Hearing to consider the application for the transfer of Off Sale Liquor License currently held by Kenneth F. Hendt dba Rite Liquor located at 645 S. Snelling to Peter P. Divinski dba Rite Liquor located at the same address. No one aooeared in opposition. Robert Faricy, representing the applicant, aooeared to answer any questions. Chris Schweinler of the Licensing Division said their recommendation is for aooroval. Councilmember Long moved approval of the transfer. Roll call. Adopted Yeas - 7 Nays - 0 33. Resolution - 89-85 - Approving with conditions the application for Second Hand Dealer Motor Vehicle Licenseb Chevs-N-Vets, Inc. (Jerry A. 'doodstrom) dba Chevs-N-Vets Other Place locatzat 588 E. 7th Street. No one aooeared in 0000sition. Councilmember Dimond said he has concern that this establishment is not compatible with the efforts of the Seventh Street area and he said he feels this application should be taken to the community and a determination should be made e Chris Schw Schweinler Condition stat d the Zoning Office did give theiruapproval to this item with the stioulation noted in the resolution. (Discussion continued on following page) -28- r January 17, 1989 (Discussion continued from orevious page) Upon question of Council, Jane McPeak said the applicant is within the one year j timeframe and that it is a similar use. r+i Councilmember Scheibel said he feels this is not the bestplace for a car dealership but it is a clean. and well-kept establishment. Roll call. y Adopted Yeas - 6 Nays - 1 (Goswitz) 21. Hearing to consider the petition of Corine and Michael McGinley to rezone property located at 1840 E. Laroenteur on the southeast corner at Van Dyke from R-3 to B-2C to establish a retail antique store. Lisa Freese of PED appeared and oresented her staff report. Upon question of Councilmember Scheibel, Ms. Freese referred to a letter of District 2 requesting a layover in order to obtain a restrictive covenant but Ms. Freese explained the City's viewpoint of such a covenant and she said that District 2 is very supportive of the renovation of the property. = Uponuestion of Councilmember Rettman, Jane McPeak said on rezoning issues Council needs to review previous actions taken by other bodies and they are not required to determine if an error has been made. Mrs. McGinley appeared and answered questions of Council and she said they do not have plans to live in the home. Councilmember Dimond spoke in support of decisions made by the Planning Commission and staff and said this is clearly a residential area. Councilmember Goswitz said he's attended District 2 meetings and that he is very imoressed with the renovation done on this home and_he commended the McGinley's. Upon question of Council pertaining to the restrictive covenant, Jane McPeak said an agreement could be reached with the neighbors but not the Cit yy and that the-City does have the ultimate authority on, rezoning issues and,the City would riot be required to Honor such a covenant. Councilmember Goswitz moved that this item be laid over to determine the position of District 2 on this issue. Councilmember Rettman exoressed her concern of a domino-effect on a covenant. Councilmember Scheibel agreed to a layover and he said District 2 should come and state their position. Roll ball, on the motion today this item over for four weeks to February 14th. Adopted Yeas - 7 Nays - 0 Laid over to February 14th. The meeting was thereupon adjourned. ADJOURNED AT 11:44 A.M. counciresi ent ATTEST: Conies sent to Councilmembers a2 — / -fir% (� Minutes approved by Council -i y erc A80:pmk - 29 - MINUTES OF THE COUNCIL 9:00 A.M JANUARY 19, 1969 COUNCIL'CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:OU A.M. Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Wilson Absent - 1 - Councilmember Sonnen (excused) ORDINANCES 1. Final Adoption - 88-1719 - An ordinance amending Chanter 109 of the Administrative Code pertaining to an Affirmative Action Advisory Committee to Drovide for staggering terms of membership. (Rules & Policy Committee recommends aoorova ) Councilmember Rettman'moved aooroval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17626 2. Second Reading - 89-48 - An ordinance amending Chapter 310 of the Legislative Code by clarifyin licenseholder's responsibility for action of his or her employees on the licensed Premises. (Community & Human Services Committee recommends aooroval) Laid over to January 24th for Third Reading. 3. Third Reading - 89-11 - An ordinance amending Chapter 60 of the legislative Code and grantingg the petition of residents on E. Hawthorne to rezone properties located at 50, 54, 60, 64, 68, 72, 76, 78 and 86 Hawthorne and 1237 Jackson from 1-1 to R-4 for the ourpose of bringing zoning classification into conformity with present use. (FDR ACTION - Hearing held December 1st) Laid over to January 26th for Final Adoption. 4. First Reading - 89-88 - An ordinance amending Chapter 33 of the Administrative Code pertaining to reimbursement for car expense. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. APPLICATIONS - CO MIMICATION 5. Letter of the City Attorney announcing a date of Public hearing for February 14 and 15, 1989 before an Administrative Law Judge pertaining to possible adverse action against licenses held by Richard Ward for property located at 899 Payne Avenue. Filed CC #13083) 6. Letter of the State Deoartment of Revenue transmitting Application No. 338322 of the Port Authority for reduction of assessed valuation for certain real estate in the City. A letter of the Valuation Engineer's Office was noted. Filed CC #13084) 30 - ' i 31 - i January 19, 1989 NEW BUSINESS - RESOLUTIONS 18. Resolution - 89-95 - Acknowledging legislative proposals of; high school students for inclusion in the City legislative package. (FOR REFERRAL TO THE LEGISLATION COMMITTEE) Councilmember Wilson referred to the number of high school students in attendance ;today from Central,. Harding and St. Agnes schools and he gave some background information on the resolution. There was considerable discussion on how to proceed with the resolution and ( there was consensus the way to proceed is to hear and act on each bill presented by the students individually and then act on the resolution as a whole. .It was pointed out::by several Councilmembers that the Council's position today, is. o \ said he will su000rt the resolution with that knowledge: Councilmember Long said with the understanding we, are su000rting the students efforts he would like the second Whereas amended by striking the words from k - included_. in the,.city legislative package" to "considered'-. to the Students aooeared and presented their proposed .legislation pertaining Martin Luther King Hol iday .State Council. _ - After discussion Councilmember Wilson moved approval :of the. proposed legislation. N Adopted Yeas - 6 ays - 0 Students appeared and oresented their or000sed legislation pertaining to financial aid for students in,college: After discussion Councilmember Dimond moved approval of the Proposed 31 - i January 19, 1989 NEW BUSINESS - RESOLUTIONS 18. Resolution - 89-95 - Acknowledging legislative proposals of; high school students for inclusion in the City legislative package. (FOR REFERRAL TO THE LEGISLATION COMMITTEE) Councilmember Wilson referred to the number of high school students in attendance ;today from Central,. Harding and St. Agnes schools and he gave some background information on the resolution. There was considerable discussion on how to proceed with the resolution and there was consensus the way to proceed is to hear and act on each bill presented by the students individually and then act on the resolution as a whole. .It was pointed out::by several Councilmembers that the Council's position today, is. o support the students efforts to lobby on these issues and Councilmember Dimond said he will su000rt the resolution with that knowledge: Councilmember Long said with the understanding we, are su000rting the students efforts he would like the second Whereas amended by striking the words from k - included_. in the,.city legislative package" to "considered'-. to the Students aooeared and presented their proposed .legislation pertaining Martin Luther King Hol iday .State Council. _ - After discussion Councilmember Wilson moved approval :of the. proposed legislation. N Adopted Yeas - 6 ays - 0 Students appeared and oresented their or000sed legislation pertaining to financial aid for students in,college: After discussion Councilmember Dimond moved approval of the Proposed legislation. Roll, call. Adopted Yeas - 6 Nays - 0 R. Students appeared and Presented their proposed legislation pertaining, to youth services. After discussion Councilmember Dimond moved approval of the or000sed i) legislation. • .. _... . - .- .....: . Roll call.. Adopted Yeas - 6 . Nays - 0 Students aooeared and oresented their or000sed legislation Pertaining to recycling in all.high,scfiool buildings. - After discussion Councilmember Dimond moved ,approval of the proposed legislation. Roll.call. Adopted Yeas - 6 Nays - 0 Students appeared and presented their proposed legislation Pertaining -to - confiscation of vehicles. After discussion Councilmember Dimond moved approval of the proposed legislation. Roll call. Adopted . . Yeas - 6 Nays.- 0 Councilmember Rettman moved aoproval of the resolution and amending language as previously stated. — - - Roll call. Adopted . - Yeas - 6 Nays.- 0 CouncilmemberRettman commended Councilmember Wilson for working with the students and she also thanked the students and encouraged them to go forth on — -- — these issues. Councilmember Wilson saluted the students and also encouraged them with the y efforts and said he will continue to work with them. S 31 - i { � z i i January 19, 1989 CONMITTEE REPORTS - 7. Resolution - 88-1971 - Establishing a coordinated recycling program for the separation and .collection of recycable materials in all City government buildings, supporting including space in CHCH renovation plans for storage of materials, encourage the purchase and use of recyclable and reusable Products where feasible, and that Departments assist in the implementation of this Policy. (Public Works Committee recommends approval with amendment) Councilmember Dimond moved approval of the resolution with the amendment as recommended. Councilmember Long sooke in support of the resolution. Uppon question of Councilmember Goswitz, Councilmember Scheibel explained -the lam is for each individual deoartment to implement this Program. for Roll call on the motion approval. Nays 0 Adooted Yeas - 6 - x -,a 8. Resolution - 89-24 Authorizing proper City officials. to Pay Esther Miller $45,000 for the Purchase of property described as the south 1/2 of Lot 15, Blk. 1, Subd. of Blk., 13, Stinson's Divisionforthe widening of Dale Street between Sherburne and Van Buren. (Public Works Committee recommends approval) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 6 Nays - 0 9. Resolution - 88-1969 - Authorizing proper City officials to execute a five year extension of lease agreement between the City of St. Paul Public Works Department and Hermione and Elizabeth Schmidt for orooerty located adjacent to storm water ponding area at 1426 Westminster. (Public Works Committee ? recommends approval) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 6 Nays - 0 10. Resolution - 88-1925 - Approving the reappointments of Roger Brooks, Sylvia Frank and Craig Rafferty and the appointment of Andrea Minding by the. Mayor to serve on the Heritage Preservation Commission. (Housing & Economic Development Committee recommends aooroval of a substitute resolution) Councilmember Wilson moved approval of the substitute resolution. Adopted Yeas - 6 Nays - 0 11. Resolution - BB -1924 - Approving the reappointment by the Mayor of Ron Glassman to serve on the Board of Aoueals and Review for the Housing, Building and Fire Prevention Codes. (Housing & Economic Development Committee recommends approval) Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 Councilmember Wilson left the meeting at this point and returned later. NEN BUSINESS - RESOLUTIONS 12. Resolution - 89-89 - Establishing the rate of pay for Community Liaison Officer in Grade 23, Section IO2 of the Technical Standard Ranges in the Salary Plan and & Rates of Compensation Resolution. (FOR REFERRAL TO THE FINANCE, MANAGEMENT PERSONNEL COMMITTEE - First Reading) Referred to the Finance, Management & Personnel Committee. i 13. Resolution - 89-90 - Establishing the rate of pay for Customer Service Senior Reoresentative in Grade 29, Section ID1 of the Clerical Standard Ranges in the Salary Plan and Rates of Compensation Resolution. (FOR ACTION - First Reading) Referred to the Finance, Management & Personnel Committee. -32- _ :a r 14. Resolution - 89-91 - Establishing the rate of pay for Customer Service Reoresentative in Grade 25, Section I01 of th Clerical Standard Ranges in the Moa x>^ Salary Plan and Rates of Comoensation Resolution. (FOR ACTION -'first Reading) Referred to the Finance, Management -& Personnel Committee. y , 15. Resolution - 89-92 - Amending the Tuition Reimbursement Policy in Section III, H r # T`; in the Salary Plan and Rates of Compensation Resolution. ••(FOR -REFERRAL TO THE &PERSONNEL COMMITTEE -First Reading) - �i�.`'wy �t FINANCE, MANAGEMENT Committee. �° Referred to the Finance, Management & Personnel r January 19 1989 r 14. Resolution - 89-91 - Establishing the rate of pay for Customer Service Reoresentative in Grade 25, Section I01 of th Clerical Standard Ranges in the Moa x>^ Salary Plan and Rates of Comoensation Resolution. (FOR ACTION -'first Reading) Referred to the Finance, Management -& Personnel Committee. y r 15. Resolution - 89-92 - Amending the Tuition Reimbursement Policy in Section III, H # T`; in the Salary Plan and Rates of Compensation Resolution. ••(FOR -REFERRAL TO THE &PERSONNEL COMMITTEE -First Reading) - �i�.`'wy �t FINANCE, MANAGEMENT Committee. �° Referred to the Finance, Management & Personnel r 16. Resolution - 89-93 - aooroving the appointment of Kelly Tanzer to the position of Assistant to the Mayor, effective January 20, 1989. (FOR ACTION) a Councilmember Rettman moved approval of the resolution. Adopted - Yeas — 5 Nays - 0 -' ' `> 17. Resolution - 89-94 - Approving applications for funding from•Conway Booster Club and Mariucci Inner City Hockey Starter Association and authorizing proper •City ,: &r officials to disburse funds from the Youth Athletics and Soorts Fund.- (FOR ( Councilmember Rettman moved approval of. the resolution. h Adopted Yeas - 5 Nays - 0 19. Resolution - $9-96 - Su'p'porting the efforts and objectives of the St. Paul Self - Portrait Project and pledging Council c000eration with the Project sponsors to Re. carry the project to completion. {FORS ACTION) KeithMcCormick appeared and said if, the Council desired he could out an r informational oacket-together and 'present it to Council at another date. having the additional inform atipn but she 2y+ Councilmember Rettman concurred with said the resolution Is very clear. Councilmember Scheibel said this is very exciting and that it has worked well in other cities. - - saxi Councilmember Long spoke in support of the resolution. F alr Upon question of Councilmember Long, Mr. McCormick said at this time there will beano cost to the City. Councilmembers Rettman and Dimond moved aooroval of the resolution. Roll call. i Adopted Yeas - 5 Nays - 0 Councilmember Wilson returned to the meeting at this point. 20. Resolution - 89-97 - authorizing PED to develop and implement a job impact statement for all projects involving City. and Port Authority financing. (FOR ACTION) Upon request of Councilmember Scheibel this resolution was laid over for two weeks. $ "+ a` Laid over to February 2nd. 'F 21. Resolution - 89-98 - Approving with stipulations aoolication for the transfer inactive by and activation of Entertainment and -Liquor Licenses currently held Real Estate Lender) at 498 s Western State Bank of St. Paul (Michelle Vojacek, Selby to F-a-�eiaity House,- Inc. (Robert Swanson, Pres. l dba Fraternity Grill k p located at the saute address. (Hearing held January 10, 1989.) Councilmember Wilson moved aooroval of this and the following related �t resolution. Roll call. Adopted, Yeas- 6 Nays - 0 l 22. Resolution.- 89-99 - Approving with stipulations- Sunday On Sale Liquor and 1 Restaurant Licenses held by Fraternity House, Inc. (Robert Swanson, Pres.) dba Fraternity Grill located at 498 Selby. (Hearing held January 10, 1989.) y Adooted Yeas - 6 Nays - 0 n _ � - 33- , ' January 19, 1989 - PUBLIC HEARINGS F 1... 23. Third Reading - 88-1832.- An ordinance amending Chapter 415 of the Legislative Code pertaining to theatres and movie theaters. (Community & Human Services ry �V� 1 v, Committee recommends aooroval) No in y one aooeared 0000sition. Councilmember Rettman explained the amendment and she moved that the amendment t be approved. Roll call. a dot ` Adooted Yeas - 6 Nays - 0 Laid over to January 26th.for Final Adoption. �1# 24. Third Reading - 88-1911 - An ordinance amending Section 5.03 of the f Administrative Code pertaining to the Division of Accounting and establishing 'i " reporting levels for the Comorehensive Annual Financial Report. (Finance, Mana9 ement& Personnel Committee recommends aooroval), No one appeared in 0000sition. Laid over to January 26th for Final Adoption. 5 25. Resolution - 89-100 - Approving aoolication for an Auto Body Reoair.Garage , License by Rick Kline Oldsmobile to. dba Rick Kline Body Shoo at 1865 University. t, Councilmember Dimond said Council member,Sonnen requested that although she is not. in opposition to this resolution shewould like a sti,oulation added pertaining to the volume of the speakers, in the Kline Oldsmobile narking lot. kk,r A reoresentative,of Kline Oldsmobile aooeared and said two of the nine speakers are left and by the, end of today will he completely removed. Peter O'Brian, 1850 Feronia, aooeared and submitted a petition by residents of the area listing concerns they would like the renewal to be contingent upon. he this item Councilmember Scheibel explained Council procedures and suggested be laid for Councilmember Sonnen to the and also Kline over meet with residents Oldsmobile. The representative of Kline aooeared and said they have met with the neighbors and want to be good neighbors and he noted the issue before Council today is not of Kline Oldsmobile but of their auto body repair shoo located across the street. Councilmember Scheibel said he realized that but he asked that they look at the concerns of the neighbors and be prepared to address them. Laid over two weeks to February 2nd. 26. Resolution - 89-101 - Approving aoolication for Massage Therapist License by Zoltan.S. Grauzer dba Janos Takacs European Therapeutic & Sports Massage Center �;. located at 1619 Dayton. No one appeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. k , r Adopted Yeas - 6 Nays - 0 z#" 21. Resolution - 89-102 - Approving aoolication for Massage Therapist License by Marilyn R. Kales dba Vi's Therapeutic Massage located at 1821 University.. No one aooeared in 0000sition. Councilmembers Wilson and Goswitz moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 { 28. Resolution - 89-103 - Approving aoolication for the renewal of various On Sale ` Liquor and Supporting Class III Licenses for persons as listed. and t Councilmember Rettman expressed concern of licenses held by Buddies Chris Horn Licensing Division said that Buddies is being Van of the aooeared and now that it be transferred it has been through Yf i renewed and won't until Probate ` n Councilmember Rettman_moved aooroval of the resolution. Yeas 6 Nays 0 e 1 Adooted - - 34 - r " X 1' .. 4 1 ,v`..�`a�'',`u_�,' January 19, 1989 29. Resolution - 89-104 - Approving application for the renewal of various Class III Licenses for Persons as listed. Upon request of Council member,Goswitz, Budget Towing located at 846 Earl Street was deleted and will be handled separately in one week. Councilmember Rettman.moved approval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 tet. ADJOURNED AT 10:25 A.M. x �P�resl u.< eennt ATTEST: Copies sent to, Councilmembers i Minutes approved by CounciiCit ABWerk Q:ank r i w w W k r YY k J s f � 35 - i . MINUTES OF ST. PAUL BOARD OF HEALTH THURSDAY, JANUARY 19, 1989 9:00 A.M. COUNCIL CHAMBERS THIRD FLOOR CITY HALL AND COURTHOUSE ALBERT B. OLSON. CITY CLERK The meeting was called to order by President Scheibel at 10:30 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel and Wilson Absent - 1 - Councilmember Sonnen (excused) 1. Update of Merger.. Jim O'Leary appeared and exolained the current status of the merger and.thr.•re was some discussion and agreement further discussion would be held in the Community & Human Services Committee. 2. Update on New Refugees in St. Paul. Judy Barr appeared and presented an uodate on new refugees in the City. 3. Community Health Services Advisory Committee. Judy Barr appeared and explained oriorities for 1989 including children and family health, solid waste, food handler training and other programs. 4. Kathi Cairns aooeared and explained the designation of employees to act as agents for the City in accepting grants and said a resolution will be prepared and sutmitted. Health Department Reports (CC $13085) Councilmember Wilson said although Council already has officially adjourned he would like discussion on the issue pertaining to treatment of City employees running for Office to be held at the next Rules and Policy Committee meeting. Councilmember Dimond said he will save most of his comments for Committee discussion but wanted it made clear he feels individuals should not run for office and work for the City. Councilmember Long requested the "revolving door" issue also be discussed at the same time as they are related issues. Councilmember Scheibel suggested hearing this in the Finance, Management & Personnel Committee instead of Rules and Policy and he said there are guidelines that can be looked at and there are different codes and standards to be looked at. Councilmember Rettman said orior to the Committee meeting she would like the City Attorney's Office to review issues mentioned to give Council an overview and to be available at the Committee. Councilmember Long indicated he will scheduled this item on his Committee agenda. Councilmember Dimond moved the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ADJOURNED AT 11:10 A.M. ATTEST: Co unce resi e -n "-- �,��_� Copies sent to Councilmembers 1 tl� 2 �() / Minutes approved by Council—,;2 - 9-,F!F \M� ✓ �City L. ear `s- v�J ABO:pmk - 36 - MINUTES OF THE COUNCIL SPECIAL MEETING 10:00 A.M. FRIDAY, JANUARY 20, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 10:10 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Lang, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Rettman (excused) 1. Presentation of reoort from Community Design Center on their study of Neighborhood Empowerment. Councilmember Scheibel said he is very pleased with the number of oeoole Present and he explained the Council will be hearing the report today. Councilmember Sonnen gave a brief background on how this report came to be before us today ,and that Rules and Policy Committee has looked'at the issue of neighborhood empowerment on a monthy basis. She said the report is a culmination of issues and recommendations for changes in the upcoming year and she introduced the consultants, Ruth Murphy and Grace McGinnis, of Community Design Center. Ms. Murphy gave an indeoth description of the issues and she thourougly covered the reoort by section. She said the suggested recommendations are for consideration and possible adoption by Council and she said she hopes the report contributes to neighborhood empowerment. Councilmember Scheibel said a thorouggh overview of the reoort will be held in the Rules and Policy Committee and oruncil had just received the report last evening and the report is a high Council priority. Councilmember Sonnen said the consultants did an excellent job and she said she will distribute copies of the report to District Councils and Community Councils for their review and recommendations. Councilmember Dimond stated this is valuable information but he cautioned Council on rushing to make implementation of any recommendation and that each issue needs to be thought out before we proceed. Councilmember Wilson said this is excellent work by the consultants and he referred to the size and diversity of some districts and said the report will stand on its own credit. At this ppooint Councilmember Scheibel opened up the meeting to hear testimony. Manuel Melandez, 807 Lafond, aooeared and said he sees an influx of minorities moving into neighborhoods and said we need to take care of these people in order that they may, have the same quality of life, and Councilmember Scheibel said this issue will also be discussed in Committee. Lloyd Peterson of District 1 aooeared and said this has been a very good presentation and he urged Council' to su000rt District Councils. Eva Stein of the Highland Park area aooeared and spoke in support of freeing funds and sooke of her desire of sharing information with other neighborhoods. Councilmember Wilson referred to the accessiblity of cable casting District Council meetings as a way of sharing information. Don Lamoland of District 15 aooeared and commended the Council for asking their opinions. Councilmember Scheibel noted that a Neighborhood Forum will be held at St. Catherine's College on February 11th and he said this could be an excellent way to exchange information. Gertrude Gordenier from District 12 referred to accomplishments of District Councils in bringing neighborhoods together. George Johnson of District 2 aooeared and commended the consultants and said Council should consider all of the recommendations but he noted that they all hinge on increasing funding of the District Councils. (Discussion continued on following page) IWAI Ali p r'a�;'4' za � 5 1 J January 20, 1989 (Discussion continued from previous page) Alma Joseph, 365 Summit, appeared and said the Citizen Participation Coordinator keeos a listing of all Community Organizers and that it is in place but is a matter of distribution. Tina Morhland appeared and referred to comments made on renters and she said renters in her area are changing in that they are taking stakes, Paul Gilliland of District 2 Community Council appeared and strongly encouraged cable access. George Jurgenson appeared and urged Council to oay attention to recommendations made by members and reoresentatives of District Councils and he thanked Council for the opportunity to 'soeak today. Filed (CC #13086) Councilmember Long left the meeting at this ooint. Councilmember Sonnen requested that the rules be suspended to consider an item that was laid over yesterday pertaining to an auto body repair garage license for Rick Kline Body Shoo. She said she sooke with people at the establishment and the neighbors and Mr. Kline is agreeable to removing the sneakers and wo ip with the neighbors on the lighting issue. Councilmember Wilson moved suspension of the rules. Roll call. Adopted Yeas - 5 Nays - 0 Resolution -89-100 - ADoroving application for an Auto Body Repair Garage License by Rick Kline Oldsmobile Company dba Rick Kline Body Shoo located at 1865 University. Councilmember Sonnen moved approval of the resolution. Adopted Yeas - 5 Nays - 0 The meeting was thereupon 'adjourned. ADJOURNED AT 11:40 A.M. ATTEST: V Uounci rest en Conies sent to Councilmembers Minutes aooroved by Council P -a 3 - J� yrc ABO:ank 38 - J MINUTES OF THE COUNCIL 9:00 A.M JANUARY 24, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Lang, Rettman, Scheibel, Sonnen i Absent - 1 - Councilmember Wilson (excused) APPLICATIONS - COWNICATION 1. Letter of the City Attorney announcing an amended date of public hearing for February 8, 1989 before an Administrative Law Judge pertaining to possible adverse action against licenses held by. So S. Sub dba Nakoyah Japanese Restaurant located at 1569 University Avenue. Filed (CC #13089) } , 2. Letter of the Elder Council recommending site location for proposed Public Safety Building. Filed (CC #13090) COMMITTEE REPORTS 3. Final Adootion - 88-621 - An ordinance amending Chanter 111 of the Administrative Cade oertaining to Ethical Practices Board by changing the name from Election Board to Ethical Practices Board. (Rules & Policy Committee recommends aooroval of substitute ordinance) Councilmember Long moved approval of the substitute ordinance and requested a a two week layover. Roll call. Adooted Yeas - 6 Nays - 0 Laid over two weeks to February 7th. ! 4. Final Adootion - 88-623 - An ordinance amending Chapter 24 of the Administrative Code pertaining to a code of ethics for City officials and employees. (Rules & Policy Committee recommends approval of substitute ordinance) Councilmember Long moved approval of the substitute ordinance and requested a two week layover. Roll call. Adopted Yeas - 6 Nays - 0 Laid over two weeks to February 7th. 5. Resolution - 89-3 - Establishing the rate of pay for Citizen Service Program Director in Grade 20 of the Salary Plan and Rates of Compensation Resolution and deleting City Information and Complaint Office. (Rules & Policy Committee recommends approval) Councilmember Rettman said she would orefer this be a Civil Service position rather than Unclassified. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 1 (Rettman) NEW BUSINESS - RESOLUTIONS 6. Resolution - 89-105 - Amending the 1984, 1985 and 1986 CIB budgets by transferring funding ($59,968.19) from oroject balances to finance the engineering costs of the design for Wabasha Bridge improvements. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. _39_ F y J MINUTES OF THE COUNCIL 9:00 A.M JANUARY 24, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Lang, Rettman, Scheibel, Sonnen i Absent - 1 - Councilmember Wilson (excused) APPLICATIONS - COWNICATION 1. Letter of the City Attorney announcing an amended date of public hearing for February 8, 1989 before an Administrative Law Judge pertaining to possible adverse action against licenses held by. So S. Sub dba Nakoyah Japanese Restaurant located at 1569 University Avenue. Filed (CC #13089) } , 2. Letter of the Elder Council recommending site location for proposed Public Safety Building. Filed (CC #13090) COMMITTEE REPORTS 3. Final Adootion - 88-621 - An ordinance amending Chanter 111 of the Administrative Cade oertaining to Ethical Practices Board by changing the name from Election Board to Ethical Practices Board. (Rules & Policy Committee recommends aooroval of substitute ordinance) Councilmember Long moved approval of the substitute ordinance and requested a a two week layover. Roll call. Adooted Yeas - 6 Nays - 0 Laid over two weeks to February 7th. ! 4. Final Adootion - 88-623 - An ordinance amending Chapter 24 of the Administrative Code pertaining to a code of ethics for City officials and employees. (Rules & Policy Committee recommends approval of substitute ordinance) Councilmember Long moved approval of the substitute ordinance and requested a two week layover. Roll call. Adopted Yeas - 6 Nays - 0 Laid over two weeks to February 7th. 5. Resolution - 89-3 - Establishing the rate of pay for Citizen Service Program Director in Grade 20 of the Salary Plan and Rates of Compensation Resolution and deleting City Information and Complaint Office. (Rules & Policy Committee recommends approval) Councilmember Rettman said she would orefer this be a Civil Service position rather than Unclassified. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 1 (Rettman) NEW BUSINESS - RESOLUTIONS 6. Resolution - 89-105 - Amending the 1984, 1985 and 1986 CIB budgets by transferring funding ($59,968.19) from oroject balances to finance the engineering costs of the design for Wabasha Bridge improvements. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. _39_ r 40 - 5 M January 24, 1989 7. Resolution - 89-106 - Correcting the inadvertent rescinding of C.F. 87-1506 15, 1987 adjusted salaries for Legislative Aides and adopted October which restoring provisions of C.F. 84-600 adopted May 10, 1984 which approved annual �adjustments. (FOR ACTION) �` ' Councilmember Long moved approval of the resolution. N Adopted Yeas - 6 Nays - 0 �4 B. Resolution - 89-107 - Approving continuation of the process of considering the y, consolidation of the Fire Department Relief Association with the Public EmployeeRetirement Association Police and Fire Fund. (FOR REFERRAL TO THE s FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Councilmember Long noted this item will be heard in Comnitt ee on.February 6th._ Referred to the Finance, Management & Personnel Committee. 9. Resolution - 89-108 - Approving Registered Land Survey for the Riverview a Industrial Park (FOR ACTION - Hearing held December 20th) Councilmember'Sonnen moved aoorovai of the resolution. Adopted Yeas - 6 Nays - 0 10. Resolution - 89-109 - Approving Final Plat for the Riverview Industrial Park West. (FOR ACTION - Hearing held December 20th) Councilmember Sonnen moved approval of the resolution. Adopted Yeas - 6 Nays - 0 11. Resolution - 89-110 - Authorizing payment of $2,325 to Gwynder Robinson and her attorney from the Tort Liability Fund in full settlement of their, claim. (FOR ACTION Counci member Goswitz moved approval of the resolution. Adopted Yeas - 6 Nays - 0 12. Resolution - 89-111 - Authorizing payment of $1,381.92 to Donald Ruddick from the Tort Liability Fund in full settlement of his claim. (FOR ACTION) Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 13. Third Reading - 89-48 - An ordinance amending Chapter 31O of the Legislative Code by clarifying licenseholder's responsibility for actions of his or her employees on the licensed premises. (Community & Human Services Committee recommends aooroval) No one appeared in 0000sition. Councilmember Rettmin noted for the record that District 2 is in support of this ordinance. Laid over to January 31st for Final Adoption. 14. Resolution - 89-112 - ADDroving the vacation of utility easement in Lots 2 and 6, Blk. 1, Edgcumbe Place Addition lying east of Edgcumbe and south of Albion. (FOR ACTION - Public Works Committee recommends approval) i' No one at, in 0000sition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 6 Nays.- 0 15. Resolution - 89-113 - Approving the vacation of Genesee Street from Mississippi Street to the east line of Lot 11, Blk. 15, Edmund Rice's Trout Brook Addition. a (FOR ACTION - Public Works Committee recommends approval) a r No one appeared in opposition. - - Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 } r 40 - 5 M January 24, 1989 16. Resolution - 89-114.- Ratifying assessment (property clean up) through September 1988 for property located at 384 N. Lexington Parkway. (Laid over from January 10th) John Betz of the Health Division aooeared and presented his staff report and answered questions of Councilmembers. There was some discussion and Councilmember Rettman moved approval of the assessment and said she will notify Councilmember Wilson's office of comments made today. Roll call. Adopted Yeas - 6 Nays 0 17. Final Order - 89-115.= Constructing water main and water,service connections in Wheelock Parkway from Edgemont to 170 ft. east of Edgemont., (Public Works Committee recommends layover) Councilmember Goswitz moved that this and the following two related orders be laid over four weeks to February 21st. Adopted Yeas - 6 Nays - 0 18. Final Order - 89-116 - Constructing a sanitary sewer and sewer service connections in Wheelock Parkway from Edgemont to 170 ft. east of Edgemont. i(Public Works Committee recommends layover) See.discussion above) Laid over four weeks to February 21st. Adopted Yeas - -6 Nays - 0 19. Final Order - 89-117 - Condemning and taking a 20 ft. easement for sewer purposes for part of Lot 13, Blk. 1, Dawsons Addition. (Public Works Committee recommends layover) (See discussion above) Laid over four weeks. to February 21st. Adopted Yeas - -6 Nays - 0 20. Resolution - 89-118 - Approving application for the renewal of Class A Gambling License aoolied for by the Catholic Athletic Association located at 408 Main Street. No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas.: 6, Nays - 0 21. Resolution - 89-119 - Approving application for the renewal of Class A Gambling License aoulied for by the Military Order.of the Purole Heart Nels Wols Chapter No. 5.locaied at 1060 University Avenue. No one aooeared in 0000sition. Upon question of Councilmember Sonnen, Christine Rozek of the License Division aooeared and said legal use of gambling proceeds are determined by the. State and although she does look them over the State has the ultimate decision. Carl Falkowski aooeared representing the aDDlicant and explained the legal donations made by.them.to various organizations. No else aooeared. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 22. Resolution - 89-120 - Approving awlication for the renewal of State Class C Gambling License (bingo) by St. Casimirs Ushers Club located at 934 E. Geranium. No one appeared in 0000sition. Councilmember Goswiti moved approval of the resolution. Adopted Yea- - 6 Nays - 0 - 41 - - 42 - January 24, 1989 23. Resolution - 89-121 - Approving .application for the -renewal of State Class A Gambling License applied for by the Knights of Columbus #397 located at 408 Main Street. No-one appeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 24. Resolution - 89-122 - Approving the transfer of On Sale Liquor, Sunday On Sale Liquor and Restaurant Licenses from Walnut Street Restaurant Inc. and Restaurant No Limit, Inc. (Edward Christie, Pres./Sole Stockholder) dba Foreoaugh's located at 276 S. Exchange to Walnut Street Restaurant Inc. and Restaurant No Limit, Inc.. (Edward Christie,. Pres., Eric Schlenker,.Add'l. Stockholder) dba Forepaugh's at the same address.- NoOne appeared in opposition. Councilmember Dimond .moved aooroval of the resolution. Roll call. Adopted Yeas - 6 Nays 0 Mr. Christie appeared and questioned excessive taxes charged on the transfer fee j on, his application. Phil Byrne appeared and explained the percentage charged on the annual licenses and said it also goes towards investigations made for. transfers. Councilmember Scheibel thanked Mr. Christie for bringing this matter beforeus today and he suggested discussion be held in License Committee, Joe Carchedi aooeared and said the same amount of work is done on this ty,oe of a transfer that is done on others. Councilmember_Sonnen stated she sees no need fordiscussion on this issue to be .. held in Committee., i 25. Resolution - 89-123 - Suspending On Sale Intoxicatinp Liquor License and all other licenses held by Eugene D. Ricci dba .Gen Ricci s Lounge located .at 1082 R Arcade. (NOT CONTESTED).: It was noted that Mr. Ricci and his attorney, Mr. Barghini, are oresent. Phil Byrne appeared and oresented his report and he explained the situation that occurred and said he sees no mitigating circumstances to circumvent from the matrix. He said if Council would chose an upward deoarture they must specify why, and uoon question by Councilmember Rettman Mr. Byrne said he is not 1 recommending an upward departure. Mr. Barghini appeared and said they are not contesting gambling occurred and he explained the events and said this is a neighborhood bar with regular patrons. He also said:Mr. Ricci apologizes and he .thanked Councilforhearing him .today. Upon question.of Councilmember Sonnen, Mr. Barghini stated they are admitting that a form of gambling took place, and. Mr. Byrne ,appeared and said he believes the Police reports speak for themselves. Councilmember Dimond moved -the licenses be suspended for three consecutive days. Roll call. Adooted Yeas - 5 Nays -,I (Goswitz) There was -considerable discussion on the dates of suspension. Councilmember Long referred to the need for discussion in Committee on having a policy regarding setting dates once a motion for suspension has been made and said we need consistency. - Councilmember Goswitz moved the dates of suspension for February 6, 7 and 8. Roll call. Yeas - 2 (Goswitz/Scheibel) Nays - 4 (Dimond/Long/Rettman/Sonnen) Motion failed of adoption. - Councilmember Dimond moved the dates of suspension for February 12, 13 and 14. Roll call. Adopted Yeas - 6 Nays - 0 - 42 - MINUTES OF THE COUNCIL 9:00 A.M JANUARY 26, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - p i MISCELLANEOUS 33. Recognition of youth volunteers for the month of January. Councilmembers recognized and Presented certificates to youth volunteers of the month. (� Filed I 1 NEW BUSINESS - RESOLUTIONS I 21. Resolution - 89-136 - Acknowledging receipt of the Government Finance Officers Association Certificate of Achievement for 1987 and commending staff for their efforts. (FOR ACTION) Fred Christianson, Finance Director for Maple Grove, appeared and explained requirements needed to achieve this award. He said this is St. Paul's twelveth consecutive year receiving the award and he congratulated the Mayor, Councilmembers and City staff involved. Jim Snyder of the Accounting Division appeared and accepted the award from Mr. Christianson and he acknowledged staff from the Deoartment of Planning and Economic Develooment and from Public Works who were present today and who made j receiving the award possible. Councilmember Scheibel thanked the Association for the recognition and also City staff and he said this is a very high standard and speaks highly of City staff and the State of Minnesota. Roll call. Adopted Yeas - 7 Nays - 0 22. Resolution - 89-137 - Acknowledging the City's Accounting Staff's receipt of the Government Finance Officers Association Award of Financial Reporting Achievement and expressing appreciation for their work. (FOR ACTION) (See discussion above) Roll call. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 32. Resolution - 89-146 - Suspending On Sale Intoxicatingg Liquor Licenses held by T.R. Enterprises, Inc. dba Ryan's Bar located at ZO1 E. 4th Street. (NOT CONTESTED) Councilmember Scheibel noted the attorney for the aoolicant was in court today and is not able to be here and he said this resolution will be laid over to February 9th. Laid over to February 9th. _ 44 _ �.. ! Janary 26, 1989 ORDINANCES . 1. Final Adoption - 89-11 - An ordinance amending Chapter 60 of the Legislative Code and granting the petition of residents on East Hawthorne to rezone properties located at 50, 54, 60, 64, 6B, 72, 76, 78 and 88 Hawthorne and 1237, Jackson from I-4 to R-4 for the ouroose of bringing zoning classification into conformity with present use. (FOR ACTION - Hearing held December 1st) Councilmember Rettman moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 . Ord. #17627 2. Final Adoption - 88-1832 - An ordinance amending Chapter 415 of the Legislative Code pertaining to theatres and movie theaters. (Community & Human Services Committee recommends aooroval) Councilmember Sonnen mooed aooroval of the ordinance. Councilmember Reftman said although amended language was adopted last week it is not yet in written form and she requested a one week lay over to obtain the prober language. Laid over one week to February 2nd. 3. Final Adoption - 88-1911 -,An ordinance amending, Section 5.03 of the Administrative Code pertaining to the Division of Accounting and establishing reporting levels, for the Comprehensive Annual Financial Report. (Finance, Management & Personnel Committee recommends aooroval) Councilmember Rettman moved approval of the orainance. Adopted Yeas - 7 Nays - 0 Ord. #17528 APPLICATIONS - COMMUNICATION 4. Claim of Delores Christenson, 1881 N. Lexington, filed January 13, 1989, was read. Referred to the City Attorney's Office. Claim of Lynette Evans, 1365 Marion, filed January 13, 1989, was read. Referred to the City Attorney's Office. Claim of Ward Jefferson, 195 Edmund, filed January 10, 1989, was read. Referred to the City Attorney's Office., Claim of Gary Johnston, 765 Marshall, filed January 10, 1989, was read. Referred to the City Attorney's Office. Claim of Robert Roby, ,1047 Charles, filed January 9, 1989, was read. Referred to the City Attorney's Office. Claim of Judith Savoire,2023 Lincoln, filed January 13, 1989, was read. Referred to the City Attorney's, Office. Claim of James Scanlan,1055 Loeb, filed January 13, 1989, was read. Referred to the City Attorney's Office. Claim of MTC, 560 -6th Ave. N., Minneapolis, MN 55411-4398, filed January 5, 1989, was read. Referred to the City Attorney's Office. Claim of Michael Vance, 746 E. Geranium, filed January 12, 1989, was read. Referred to the City Attorney's Office. Claim of Eleanor Warkentien (Robins, Kaplan, Miller & Ciresi, attny.), filed January 9, 1989, was read. Referred to the City Attorney's Office. -45- _ A January 26, 1989 Claim of Kaja Webster, 2003 Ashland d4, filed January 5, 1989, was read. Referred to the City Attorney's Office. 5. Summons and complaint in the matter of Johannes Huyen vs the City of St. Paul. ;. Referred to the 'City Attorney's Office. 6. Administrative Orders D-10070 through 0-10078 were noted as on file in the City Clerk's Office. Upon request of Councilmember Long, Administrative Orders 0-10072 and 0-10073 were referred to the Finance Committee for discussion. COMMITTEE REPORTS 7. Second Reading - 88-1651 - An ordinance amending Chapters 409.06 and 410.03 of the Legislative Code pertaining to restricting the issuance of licenses for the sale of alcoholic beverages after drug conviction. (Community & Human Services Committee recommends approval) Laid over to January 31st for Third Reading. 8. Resolution - 88-2035 - Authorizing proper City officials to execute an agreement with the Boys and Girls Club of St. Paul for the lease and management of the Belvidere Recreation site and approving the terms and conditions of said agreement. (Community & Human Services Committee recommends approval) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS 9. Resolution - 89-124 - Amending the 1989 budget by adding $500,000 to the Financing and Soending Plans for the Energy Conservation Improvement Program fund. (FOR ACTION) approval of the resolution. Councilmember Rettman moved ap, Adopted Yeas - 7 Nays - 0 10. Resolution - 89-125 - Amending the 1989 budget by transferring $29,800 from General Government Accounts to Executive Administration - Personnel, for Human Rights Director Recruitment . (FOR ACTION - Finance, Management & Personnel Committee recommend aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays.- 0 11. Resolution - 89-126 - AoorovinARgN sale of CIB Bonds Series 1989A ($11,750,000). Refe red to�theO Finance, Management M& Personnel ONNEL Committ CMM ommittee. i 12. Resolution - 89-127 - Aooroving sale of Street Imorovement Soecial Assessment Bonds Series 19896 ($2,000,000). (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. 13. Resolution - 89-128 - Approving sale of Como Conservatory Bonds Series 1989C ($5,000,000). efe f ,000)) theFOR REFERRAL o -THE F&NANCEE, MA AGEMComENT & PERSONNEL COMMITTEE) 14. Resolution - 89-129 - Aooroving sale of Warner/Shepard Road Bonds Series 19890 ($5,50,) (FRREFRMOFIPNCE,ANAGENT&PERSONNEL COMMITTEE) tothntPersonnel -46- y� January 26, 1989 Claim of Kaja Webster, 2003 Ashland d4, filed January 5, 1989, was read. Referred to the City Attorney's Office. 5. Summons and complaint in the matter of Johannes Huyen vs the City of St. Paul. ;. Referred to the 'City Attorney's Office. 6. Administrative Orders D-10070 through 0-10078 were noted as on file in the City Clerk's Office. Upon request of Councilmember Long, Administrative Orders 0-10072 and 0-10073 were referred to the Finance Committee for discussion. COMMITTEE REPORTS 7. Second Reading - 88-1651 - An ordinance amending Chapters 409.06 and 410.03 of the Legislative Code pertaining to restricting the issuance of licenses for the sale of alcoholic beverages after drug conviction. (Community & Human Services Committee recommends approval) Laid over to January 31st for Third Reading. 8. Resolution - 88-2035 - Authorizing proper City officials to execute an agreement with the Boys and Girls Club of St. Paul for the lease and management of the Belvidere Recreation site and approving the terms and conditions of said agreement. (Community & Human Services Committee recommends approval) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS 9. Resolution - 89-124 - Amending the 1989 budget by adding $500,000 to the Financing and Soending Plans for the Energy Conservation Improvement Program fund. (FOR ACTION) approval of the resolution. Councilmember Rettman moved ap, Adopted Yeas - 7 Nays - 0 10. Resolution - 89-125 - Amending the 1989 budget by transferring $29,800 from General Government Accounts to Executive Administration - Personnel, for Human Rights Director Recruitment . (FOR ACTION - Finance, Management & Personnel Committee recommend aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays.- 0 11. Resolution - 89-126 - AoorovinARgN sale of CIB Bonds Series 1989A ($11,750,000). Refe red to�theO Finance, Management M& Personnel ONNEL Committ CMM ommittee. i 12. Resolution - 89-127 - Aooroving sale of Street Imorovement Soecial Assessment Bonds Series 19896 ($2,000,000). (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. 13. Resolution - 89-128 - Approving sale of Como Conservatory Bonds Series 1989C ($5,000,000). efe f ,000)) theFOR REFERRAL o -THE F&NANCEE, MA AGEMComENT & PERSONNEL COMMITTEE) 14. Resolution - 89-129 - Aooroving sale of Warner/Shepard Road Bonds Series 19890 ($5,50,) (FRREFRMOFIPNCE,ANAGENT&PERSONNEL COMMITTEE) tothntPersonnel -46- January 26, 1989 15. Resolution - 89-130 - Aooroving sale of Refunding Bonds Series 1989E ($2,275,000). (FOR. REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. 16. Resolution - 89-131 - Approving tax levy for $11,750,000 CIB Bonds. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. 17. Resolution - 89-132 - Aooroving tax levy for $2,000,000 Street Imorovement Special Assessment Bonds. (FORREFERRALTO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. 18. Resolution - 89-133 - Aooroving tax levy for $5,000,000 Como Conservatory Bonds. (FOR REFERRAL TOTHEFINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee.. 19. Resolution - 89-134 - Aoorovin tax leg for $5,500,000 Warner/Shepard Road Bonds. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. 20. Resolution 89-135-- Approving tax levy for $2,275,000 Refunding Bonds. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. 23. Resolution - 89-138 - Authorizing proper City officials to execute a joint purchasing agreement with Chisago City for the Purchase of equipment, material and supplies. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 24. Resolution•- 89-139 - Granting the appeal by the Midway Coalition, Merriam Park Community Council, St. Anthony Park Community Council, Prosoect Park and East River Road Imorovement Association and denying the request of Condor Corporation for a;Special' Condition Use Permit to construct a heliport at 2101 University Avenue. (FOR ACTION - Hearing held December 15th) Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 .• Nays - 0 25. Resolution - 89-140 - Authorizing payment of $1,717.95 to Stephen, Lenarz from the Tort Liability Fund in full settlement of his claim. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays -- 0 PUBLIC HEARINGS 27. Resolution -'89-141 - Aooroving aoolication for State A Gambling License applied for by the Church of Holy Childhood Cana Club located at 408 Main Street. No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted < Yeas - 7 Nays - 0 28. Resolution - 89-142 - Approving with stipulations the renewal of Motor Vehicle Salvage Dealer License by Budget Towing, Inc. located at 846 Earl. (Laidover from January 19th) - No one aooeared in 0000sition. Councilmember Goswiti said he requested this laid over previously in order for the City Inspectors to check on the establishment and. he said they reported back to him that the property is now very well cleaned uo and he moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 47 - -C1Y January 26, 1989 29. Resolution - 89-143 - Approving/denying application for Class A Gambling Location License applied for by Walmont Inc., dba Tiffany Lounge located at 2051 Ford Parkway. Councilmember Long requested a lay over on this and the following two related items in order for the District 15 Community Council to Place and discuss them at their next meeting and he said all parties involved were contacted. Joe Carchedi appeared and said the State is very adamant that Council either adopt or deny these resolutions within their 60 day period and it was noted that February 7th is the last day of the 60 day period. Councilmember Long moved a layover to February 7th. Roll call. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-144 - Approving/denying aoolication for Class B Gambling License applied for by Trade Lake Camo at Tiffany s located at 2051 Ford Parkway. (See discussion above) Councilmember Long moved a layover to February 7th. Roll call.. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-145 - Aporoving/denying aoolication for Gambling Manager's License aoolied for by E. Thomas Bauer dba Trade Lake Camo at Tiffany's located at 2051 Ford Parkway. (See discussion above) Councilmember Long moved a layover to February 7th. Roll call. Adopted Yeas - 7 Nays - 0 26. Hearing to consider the appeal of Century Comoanies to a decision by the Planning Commission denying a Special Condition Use Permit to establish a convenience store and office building with gas pumps for property located at the vacant lot on the southwest corner of Ruth and Wilson.. (Laid over from December 1st) Lisa Freese of PED appeared and presented a slide Presentation of the lot and its surrounding area and she presented the City's staff report and recommendation. Upon question of Councilmember Dimond, Ms. Freese referred to landscaping ihadequacies and said at the last public hearing the applicant did urz,,ent a new site plan. John Daubeny, attorney for the applicant, appeared and said the Special Condition Use Permit, should be granted as they meet all of the criteria of the Code. He urged Council to approve their appeal to the decision by the Planning Commission and said if it is denied they will go to Court, and he noted the applicant, Mr. Ernst, is present to answer any questions. Mary Westlock aooeared and said she resides at 1968 Fremont and she stated the turning radius has not been taken into consideration today and she referred to orobl ems during bad weather and also made reference to the many children in the area and she said problems voiced before are still there. Bob Johnson, President of the District 1 Council, appeared and said there is still a parking Problem and a big problem is the generating of traffic and congestion. He said he heard no specific reason to grant the permit and he urged Council to deny the apoeal of Century Comoanies. Kathryn Curtis, 425 Ruth, appeared and sooke in opposition to the permit being granted and to the appeal. Larry Olson appeared and said he owns the business at 277-287 Ruth and said although he is competitor he is present today as a resident. He referred to the traffic problem, deliveries made at Peak hours and to the children in the area and he distributed photographs of traffic congestion during the winter months. Gene Nasseff, 248 Ruth, appeared and urged Council to deny the appeal. (Discussion continued on following page) - 48 - _J 49 - -i , .x 1 "January 26, 1989 a`� a (Discussion continued from previous nage) 'said Jim Eurich, 441 Ruth, appeared and he's been at various meetings over the on this and he referred factor involved past years issue to the'safety and said many children live within just a few blocks this and he urged Council to Y� y of site deny the appeal. 3 No one else appeared. r s Rollciember Dimond moved that the public hearing be closed. l. Adopted Yeas - 7 Nays - 0 Councilmember'Di'mond noted that 'one of the neighborhood representatives'could h4 :' not be, present.tod%y. He said,, he sees no changes from the previous plan and he sees no"rea'sbn'to tleviate noe'does'he find error in"the Planning'Commissiorl's finding and he moved that the appeal of Century Companies be denied. Council member Wilson referred to the oarking issue and said the correct narking is not bvailable'and there'is'not-enodgh space and he'said'although they do meet . certain requirements he doesn't see that the Planning Commission'errored'. -' Roll call on the motion to deny the appeal of Century Companies. F Adoot'ed Yeas - 7. _ Nays'- O 34. Discussion of 1988 City Council Accomplishments and 1989 Objectives. Councilmembers oresented and explained their goals for 1989 which incfUd'ed" housing, ousi neighborhoods, sewers, Darks and libraries, finance, economic development policy 'environment. x ,and,the Filed (CC #13092) Councilmember Long moved that the meeting be adjourned. Roll call. Adopted ` '' Yeas - 7 Nays - 0 .". ADd0URN'ED AT 110:40A.M: �Tresi ed-9T ATTEST_i " Copies sent to'Councilmembers a - Minutes approved by Council Cit Clerk yy z ... - 49 - -i , MINUTES OF THE COUNCIL i 9:00 A.M JANUARY 31, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA } The meeting was called to order by President Scheibel at 9:05 A.M. Present - 6-''Councilmembers Dimond, Goswitz, Long, Rettmao, Wilson, President Scheibe].'_ Absent -:1' - Councilmember Sonnen (Councilmember Sonnen arrivedat a point during the meeting) 1 At the direction of Council 'President 'Scheibel; there was a moment' of silence in rememberance of the death of Tom Ryan. ; ORDINANCES i 1. Final Adoption =''89-48 _ An ordinance amending Chapter 310 of the Legislative' Code by, clarifying licenseholder's responsibility for 'actions 'of his or her employees on the licensed premises. (Community & Human Services Committee recommends aooroval) Councilmember Rettman moved approval of the ordinance." Adopted Yeas - 6 Nays - 0 Ord. A17629 2. First Reading - 89-147 - An ordinance repealing Chapter 50 of the Legislative Code in its entirety Dertaining to registration of rental housing. (FOR ACTION) There was discussion as to when money could be returned and agreement that the resolution refunding fees would be laid over until the ordinance is adooted. Laid over to February 7th for Second' Reading. 21. Resolution -'89-155 - Authorizing proper City officials to return fees collected from various rental property owners and rescinding C.F. 88=1004. (FOR ACTION) ' Councilmember Rettman moved to lay this item over to February 16th or until passage of C.F. 89-147. Adooted Yeas - 6 Nays --0 - Laid over to February 16th. 3. First Reading - 89-148 - An ordinance amending Chapter 5 of the Administrative Code to more clearly reflect current functions of the Valuations and Assessments Division. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Comnittee. APPLICATIONS - COWNICATION Claim of Gary Anderson, 2257 Glenridge Ave., filed January 19, 1989, was read. Referred to the City Attorney's office. Claim of Michael and Judith Browne, 1991 Bayard Ave., filed January 17, 1989, was read. Referred to the City Attorney's office. Claim of Michael Caulfield, by attorney Margaret Lutz, 649 Grand Ave., filed January 18, 1989, was read. Referred to the City Attorney's office. -50- } p } January 31, 1989 Claim of Colonial Insurance Co. 2300 ark Drive, Owatonna, .filed January 19, 1989; was read. Referred to the City Attorney's office. x #g f Claim Of Marie Nelson 2118 Highwood Ave:; filed January 18, 1989, was read. F�y1 ,k Referred to the City Attorney's office. Claim of George Smart, 316 Bates, filed January 18, 1989, was read. ,j .......... Referred to the City Attorney's office. 2 5 Letter Filed of the Mayor's Office anrwuncing a vacancy on the Civic Center Authority: z?h i 6. (CC #13093) Letter of the Mayor's Office announcing a vacancy on the Heritage Preservation Commission. rr Filed (CC #13094) CO MITTEE REPORTS 7. Resolution - 88-1745 - Aooroving actions by the Board of Aooeals and Review t oertaining to orooerties located at 538 S: Cretin, Edward Hare aooellant; 694 N. Central, Issac''Hayes aooellant; 857 Fairmount, Carol Buche appellant; 923- 929 Summit, Norlin Boyum aooellant; 516 Humboldt, Amherst Wilder Foundation and Lynne Peterson aooellant; and 1790 Bayard, Glenna Schroder al(Public Works Committee submits'to Council for action) ooellant. Councilmember Goswitz moved 'approval of the resolution. " Adooted Yeas - 6 Nays _ p a rj 8. Resolution'- 88-1746 - Approving actions by the Board of Appeal and Review y M* 1 pertaining to properties located at 823 N. Snelling, Bata kappa Coro.-and Geoffrey Miller appellant; 532 Ashland, Reentry Service;-'Iric'.'an8-Irdce' K.mlinger aooellant; 807 Cleveland Ave. S., Highland Village Apartments and R.E. Otness appellant; 189-1/2 E. 7th; Gayle Stangland aooellant; 935 Forest, Josie Elias'apoellant; and 670 Robert, Emma Norton Residericeland Susan Prettner aooellant. (Public Works Committee submits to Council for action) Councilmember G.switz moved approval of the resolution. Adooted Yeas - 6 Nays - 0 9. Resolution - B8-1945-A - Establishing the rate of pay 'for E.D.P. Aide in Grade 24, Section ID2 of the Technical Standard Ranges in the Salary Plan and Rates of Comoensation Resolution. (Finance, Management & Personnel Committee recommends approval of substitute' resolution -'Second Reading & Adoption) Councilmember Long moved approval of the resolution. � Adooted Yeas - 6 Nays - 0 P 10. Resolution - 88-1946 - Changing the rate of pay for Environmental Health Director from Grade 22 to Grade 24, Section ID4 of the Professional Suoervisary (Standard Ranges in the Salary Plan and Rates of Comoensation Resolution. x t ac BF Adoptiinanceon) Management & Personne Committee recommends approval -Sec Reading , Councilmember Long moved approval of the resolution. Adooted u, Yeas - 6 Nays _ 0 Na 11. Resolution - 88-1947 - Changing the rate of pay for House Custodian I in Section IIB in the Salary' Plan and Rates of Compensation Resolution. "(Finance;. Management & Personnel Committee recommends aooroval of substitute resolution- Second Reading & Adoption) - Councilmember Long moved aooroval of the resolution. Adooted 'Yeas - 6 - Nays - 0 - # 5, i 51 - 1 January 31, 1989 12. Resolution - 88-1948 - Establishing the rate of pay for Municipal Equipment Coordinator in Grade 07, Section ID3 of the Professional Non -Supervisory Standard Ranges in the Salary Plan and Rates of Comoensation Resolution. (Finance, Management & Personnel Committee recommends approval - Second Reading & Adoption) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 13. Resolution 88-1964 - Amending the 1988 Capital Improvement Budget by transferring $373,000 from Finance and Management Services to Capital Project Building Improvements. (Finance, Mans ement'& Personnel' Committee recommends aooroval of substitute resolution for 410,000 transfer) Councilmember Long moved approval of the substitute resolution. Adopted Yeas - 5 Nays - 1 (Rettman) 14. Resolution - 88-1965 - Amending the 1988 budget by adding $373,000 to the Financing & Spending Plans for City Property Management Fund City Hall Annex. (Finance, Management & Personnel Committee recommends approval of `substitute' resolution for $410,000 amendment to 1989 budget) Councilmember Long moved approval of the substitute resolution. Adopted' Yeas - 5 Nays - 1 (Rettman) 15. Resolution = 89-149 - Amending the 1987 CapitalImprovement Budget by providing funds in the amount of $2,400,000 for levee and floodwall improvements on the Mississippi River. (Finance, Management & Personnel Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 4 Nays - 2 (Rettman & Wilson) NEW BUSINESS - RESOLUTIONS 16. Resolution - 89-150 - Amending the 1989 budget by adding $25,000 to the Financing and Spending Plans for Fire and Police Equipment Services. (FOR" REFERRAL TO THE FINANCE', MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance,' Management & Personnel Committee. 17. Resolution - 89-151 - Amending the 1989 budget by transferring $12,200 from General Government Accounts to Executive Administration General Government Accounts for Helping 'Hand Health Center. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. 18. Resolution - 89-152 - Amending the 1988 Capital Improvement Budget by transferring $184,000 from Sheoard Road to the Dale Street right-of-way acquisition. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 19. Resolution - 89-153 - Approving appointments by the Mayor of Joseph Boone, Arthur Gardner, Merle Harris, Mark McCrea, John Nakasone and Jann Peyer to serve on the Set Aside Advisory Committee. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance, Management & Personnel Committee. 20. Resolution - 89-154 - Aooroving appointments by the Mayor of Sam Ciresi, Patricia Brand, John Flory and James Kowalski to serve on the Food and Nutrition Commission. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. Councilmember Sonnen arrived at this Point in the meeting. - 52 - January 31, 1989 22. Resolution - 89-156 - Aooroving load limit for the Selby Avenue Bridge over the ' Soo Line Railroad and Ayd Mill" Road and directing the Public Works Department to post the bridge location. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE), Referred to the Public Works Committee. 23. Resolution - 89-157"-"Authorizing proper City officials to enter into an agreement' with' the State Department of Transportation to share construction costs for the "sewer separation Project constructed 'on Minnehaha"Avenue between Frank" and Johnson Parkway, as 'part of the 'Seventh-Frank Sewer Project., (FOR ACTION). Councilmember Goswitz moved approval of the 'resolution. Adooted Yeas - 7 Nays - 0 .. 24. Resolution - 89-158 - Authorizing orooer City officials to enter into an agreement,' with ,the StateDepartment of Transoortation to share "construction costs for the sewer'separation project constructed on Short Line Road between Lexi ton Parkway and Summit Avenue. ,(FOR REFERRAL TO THE PUBLIC WORKS COMMITiEE) Referred to the Public Works Committee. 25. Resolution - 89-159 -'Authorizing orooer City officials to execute quit claim deed releasing any and all interests in Lots 29 and 30 Windsor Square for temporary sewer easement bounded by Arkwright;,Magnolia, DeSoto and Cook. (FOR ACTION) Councilmember Rettman moved'aooroval- of the resolution. Adooted Yeas - 7 Nays - 0 26. Resolution - 89-160 - Requesting the Metropolitan Waste Control Commission to oresent to Council by March 1, 1989 a plan addressingits timeline. to eliminate, land filling of'ash with the'fioodolain, the reclamation of the old landfill ash basin site, and the potential need for a limited temporary ash storage facility as part of the treatment plant operation. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 27. Resolution - 89-161 - Approving amendment to Contract for Water Service between I the'Board of Water' Commissioners and the City of Little Canada. (FOR ACTION) Councilmember Goswitz moved approval of the resolution. Adopted Yeas 7 Nays -,0 28. Resolution - 89-162 - Approving payment of $1,120.69 to Paul and Julie Nielsen and Employers Mutual Companies from the Tort Liability Fund in full settlement of their claim. (FOR ACTION) Councilmemfier Rettman moved approval of the resolution. Adooted" Yeas - 7" Nays - 0 29. Preliminary Order - 89-163 - Condemning and taking perpetual easement for public utility ourooses over, under and across oroperty described in connection with the Starkey/Plato Combined Sewer Separation oroject, and setting date of public hearing for March 7, 1989. (FOR REFERRAL T0; THE PUBLIC. WORKS COMMITTEE) Councilmember Goswitz moved approval of the Order. Adopted Yeas, - 7 Nays - 0 PUBLIC HEARINGS 30. Third Reading - 88-1651 - An ordinance amending Chapters 409.06 and 410.03 of the Legislatiye,Code pertaining to restricting the issuance of licenses for the sale of alcoholic beverages after drug conviction. (Community & Human Services Committee recommends approval) No one appeared in opposition. — - Laid over to February 7th for Final Adoption. -53- January 31, 1989 31. Final Order -89-76 - Constructing the Sylvan/Acker Area Storm Sewer oroject for the area bounded by Marion on the west, Magnolia on the north, I -35E on the east and Charles on 'the south. (Laid over from January 17th - Public Works Committee recommends aooroval with amendment and the deletion of Lightner Pl.) No one aooeared in 0000sition. Councilmember Rettman briefed the Council on the Orders and moved approval of the Orders pertaining to 'Sylvan/Acker'with the deletion of Lightner P1. and she submitted a letter of the consultant which should be a part of the record. She also explained the easement order to be withdrawn because of the URAP oroject and referred to one lady on Elk St. who needs to be involved in the Planning. Adooted Yeas - 7 Nays - 0 32. Final Order - 89-77 - Constructing sanitary; storm and water service connections if requested for the Sylvan/Acker Area Storm Sewer and Street Paving and Lighting Project. (Laid over from January 17th - Public Works Committee recommends approval with amendment and the deletion of Lightner Pl:) Noone appeared in 0000sition: Councilmember Rettman moved aooroval of the Order. Adopted Yeas - 7 Nays - 0 33. Final Order - 89-78 - Improving with bituminous roadways, concrete curb and gutters; driveways and outwalks with boulevards regraded and resodded and constructing street lighting system for parts of Lightner, Sylvan, Sycamore and Elk. (Laid over from January 17th - Public Works Committee recommends aooroval with amendment and with the deletion of Lightner Pl.) No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the Order with the deletion of Lightner. Adopted Yeas - 7 Nays - 0 36. Final Order - 89-169 - Condemningg and taking permanent utility easements for the Sylvan/Acker Combined Sewer Seoaration project. (Public Works Committee recommends Order be withdrawn.) Councilmember Rettman moved the Order be withdrawn. Adopted Yeas - 7 Nays - 0 34. Final Order - 89-167 - Condemning and taking permanent utility easements for the Trout Brook Outlet -Phase A Storm Sewer System. (Public Works Committee recommends approval.) No one aooeared in 0000sition. Councilmember Goswiti moved aooroval of the order. Adopted Yeas - 7 Nays - 0 35. Final Order - 89-168 - Condemning and taking permanent utility easements in conjunction with the Syndicate/Fairmount Sewer Seoaration Project located along the railroad right-of-way between St. Clair and Lexington. (Public Works Committee recommends aooroval.) No one aooeared in opposition. Councilmember Goswitz moved aooroval of the order. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-170 - Ratifying and confirming condemnation and taking permanent utility easements in conjunction with the Marshall/Hamlin Area Sewer Seoaration project. (Public Works Committee recommends aooroval.) No one aooeared in opposition. Councilmember Goswiti moved aooroval of the order. Adopted Yeas - 7 Nays - 0 38. Resolution - 89-171 - Approving application for renewal of Class A Gambling License applied for by the Jewish War Veterans Post #354 located at 408 Main St. No one aooeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7- 54 - Nays - 0 P January 31, 1989 39. Resolution - 89-172 - Approving application for the renewal of State Class A Gambling License applied for by the Midway Skating Club located at 1060 University Avenue. No one appeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 40. Resolution - 89-173 - Approving aoolication for Gambling Location License applied for by Herold Inc. dba Rumours located at 490 N. Robert. NO one appeared in 0000sition. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 41. Resolution - 89-174 - Approving application for State Class B Gambling License applied for by the Minnesota AIDS Project dba Rumours located at 490 N. Robert. No one appeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 42. Resolution - 89-175 - Approving application for a Gambling Manager's License by Stephen Rocheford dba the Minnesota AIDS Project located at 490 N. Robert (Rumours). At the question of Councilmember Sonnen, Steve Rocheford, Gambling Manager of the Minnesota AIDS Project appeared and stated the 'rent is $400.00 a month. No one appeared in 0000sition. Council member Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 43. Resolution - 89-176 - Approving application for the transfer of Off Sale Liquor License from Kappy's Liquor, Inc. dba Kaopy's located at 345 Wabasha (Louis Kaplan and Reuben Kaplan, stockholders) to Kappy's Liquor, Inc. dba Kappy's A(Lougiiees Kaplan and Stephen Kaplan, officers; Louis Kaplan and Mitchell'St. t the request of Councilmember Scheibele address. ou Councilmember Diamond moved that this item be laid over for time to contact License Insoector Joe Carchedi for recommendation and agreement from the owner to not sell small bottles. Adooted Yeas - 7 Nays - 0 Laid over to February 7th Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 9:35 A.M. ATTEST: Counci I We-s-iUe-nr- Copies sent to Councilmembers a -/,5 - 9 yy Minutes approved by Council�� OABO:LAr� -55- M E - 56 - .: Jr W P, a 1 4 y MINUTES OF THE COUNCIL FEBRUARY 2,M1989 — i COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA sn The meeting was called to order by President at 9:00 A.M. "r: r Present - 4.- Councilmembers Dimond, GDswitz, Rettman and Scheibel. Absent - 3 - Councilmembers Long (excused), Sonnen and Wilson. (Councilmembers Sonnen and Wilson arrived at points during the meeting.) j ORDINANCES 1. Final Adootion - 88-1832 - An ordinance -:amending Chapter 415 of the Legislative Code pertaining to theatres and movies theaters. (Community & Human Services Committee recommends aooroval - Laid over from January 26th) Councilmember Rettman moved aooroval of the ordinance. Adopted Yeas - 4 Nays - 0 Ord. #17630 APPLICATIONS - COWNICATION 2. Petition of the City of St. Paul to vacate public land described as Lots 6 -and 7 and Lot 8, Blk. 2, Cole's Rearrangement at Pleasant Street and Juno. Referred to the Valuation Engineer. 3. Report of the CIB Committee on the Urban Revitalization Action Program: Second Funding Cycle. hearing be Bill Patton aooeared and recommended a date of public scheduled. Councilmember bimord moved aooroval of a.oublic'hearing date of February 23rd. . Adopted. Yeas - 4 Nays - 0 CONNITIEE REPORTS { 4. Resolution - 89-164 - Approving the reappointment by the Mayor of Craig Rafferty to serve on the Heritage Preservation Commission. (Housing & Economic Develooment Committee recommends aooroval) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas— 4 Nays - 0 5. Resolution - 89-40 - Requesting Public Health Division to educate residents about radon and that informational card and/or pamohlet be included in the next available water bili and requesting the Minnesota Pollution Control Agency to ., develop a program for radon testing in residential dwellings. (Housing &- Economic Development Committee recommends aooroval of substitute resolution) - Council President Scheibel stated Councilmember Long asked that this resolution is be laid over for two weeks. Councilmember Rettman moved the resolution be laid over for two weeks to y February 16th. 6. Resolution - 88-1970 - Authorizing proper City officials to pay Ed and Barbara _ Orndorf $23,000 for the purchase of property located at 524 N. Dale for the n - widening of Dale Street between Sherburne and Van Buren. (Public Works Committee recommends approval) x — — — Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 - 56 - February 2, 1989 NEW BUSINESS - RESOLUTIONS 7. Resolution - 89-165 - Amending the 1989 budget Sby adding $21,980 to the Financing and Spending Plans for Housing Information ervices. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 4 Nays - 0 8. Resolution - 89-97 - Authorizing PED to develop and implement a job impact statement for all Projects involving City and Port Authority financing. (Laid over from January 19th.) Laid over to Tuesday, February 7th. 9. Resolution - 89-166 - Authorizing proper City officials to execute a -joint purchasing agreement with the City of Forest Lake for the joint purchase of equipment, material and supplies. (FOR ACTION) Councilmember Goswitz moved approval of the resolution. Adopted .Yeas.- 4... . Nays - 0 Councilmember Wilson arrived at this point in the meeting. 10. Resolution - 89-177 - Supporting State Deoartment of Health legislative request for increased State funding for Community Health Service agencies. (Legislation Committee recommends approval), . Councilmember Rettman moved approval of the resolution. Adopted Yeas - 5 Nays - 0 11. Resolution - 89 -178 - Supporting legislation to provide for the dispersal of community residential facilities licensed by the Departments of Corrections, Human Services and Health. (Legislation Committee recommends approval) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 5 Nays - 0 12. Resolution - 89-179 - Supporting comprehensive child care policy at the State. level. (Legislation Committee recommends aooroval) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 13. Resolution - 89-180 - Supporting State Department of Health legislative request for increased counselling and education on AIDS. (Legislation Committee recommends aooroval) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 14. Resolution - 89-181 - Su000rting legislation to provide preventative health care to the insured to reduce the number of Minnesotans uninsured. (Legislation Committee recommends aooroval) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 15. Resolution - 89-182 - Su000rting State Health Department legislative proposal to reauthorize maternal child health services funding and that it be no less than $1,645,862 for the next biennium. (Legislation Committee recommends aooroval) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 16. Resolution - 89-183 - Su000rting state capital funding for constructing of the Minnesota Arts High School. (Legislation Committee recommends aooroval) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 - 57 - y - � February 2, 1989 17. Resolution -'89-184 - Suoporting'legislation to enhance the Interest Reduction n 4r Program. (Legislation Committee recommends approval) Councilmember Wilson moved aooroval of the resolution. ± f . Adopted Yeas - 5 Nays - 0 18. Resolution - 89-185 - Supporting legislation dedicatin mort a e re istr and PP 9 9 9 19 g, Y n .j deed tax to housing and redevelopment trust fund. Legis an on Committee recommends approval) r Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5, Nays - 0 ." ^ IN 19. Resolution - 89-186 - Supporting the continuance of the Fiscal Disparities Law program to enhance the City financially and resulting in equalizing commercial and industrial tax burdens among communities. (Legislation Committee recommends Vis. k z; aooroval )' Councilmember Wilson moved approval of the resolution. r Adopted Yeas - 5 Nays - 0 l 20. Resolution - 89-187 - Supporting the Metropolitan Council Caoital Imorovement Program legislative request for regional park fundings, for State operation and tee maintenance funding and alternative funding proposals for stable capital funding (, for regional parks. (Legislation Committee recommends aooroval) Councilmember Goswitz moved. aooroval of the resolution. 4 Adooted Yeas - 5 Nays - 0 - ,. 21. Resolution - 89-188 - Supporting, biennial a6 of $9.6 million in State. 4 1 grant funding during 1989 legisltive session for sewer separation and support additional State grant funding to cover anticipated federal shortfall. �d (Legislation Committee recommends aooroval) Councilmember Goswitz moved approval of the resolution. ' "i Adooted . Yeas - 5 Nays - 0 22. Resolution - 89-189 - Su000rting the oositi.on of the Board of. Water. Commissioners to Provide -services to surroundjng.communities at retail or wholesale rates and opposing legislation oreventing the Board from designing fair and equitable contracts. (Legislation Committee -recommends aooroval) Councilmember Goswitz moved approval of the resolution. Adooted Yeas - 5 Nays - 0 _ 'z 23. Resolution - 89-190 - Su000rting efforts by St. Paul School Board seeking funding from State Legisl'atbre for desegregation costs, deferred capital expenditures and maintenance, Year of the City categorical aids, adult literacy . 3rograms programs for (Legislation Committee ,.°poroval) w. A.ta and at -risk children., recommends . Councilmember Goswitz moved aooroval of the resolution. ', Apu�.ed Yeas - 5 Nays - 0 w`5 24. Resolution - 89-191 - Opposing substantial legislative changes to the current t sz y pay equity act increasing time for compliance or expense of compliance until initial implementation deadline of December 31, 1991. (Legislation Committee recommends aooroval) Councilmember Rettman moved approval: of the resolution. y Adooted Yeas - $ Nays - 0 Councilmember Sonnen arrived at,this point in the meeting. 25. Resolution - 89-57 - Su000rting legislation permitting the use of fingerprinting for candidates for position of Firefighter as background check. (Legislation Committee recommends aooroval) '.'i. Councilmember Goswitz moved aooroval of the resolution. Adooted Yeas - 5 Nays - 1 (Sonnen) 58 - yn - �\ yti . 4 i February 2, 1980 Councilmember Dimond stated for the record that the Legislative package is a collaborative effort between the Council, County, District Councils, Planning Commission, City, State and State Legislators. Councilmember Wilson encouraged District Councils and other citizens who have continued interest in any of these or000sals to monitor the legislation. 26. Resolution - 89-192 - Approving actions of the Board of Appeals and Review pertaining to Drooerties located at 403 Laurel, Robert Bunfi appellant; 719 Wilson, Ed Kurkoviski, appellant; 670 Robert, Norton Residence/Susan Prettner, aooellant; and 1596 Hewitt, Rachel Nelson aooellant. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 27. Resolution - 89-193 - Approving action of the Board of Aoueals and Review pertaining to properties located at 1743 Ames, John Klecatskp appellant, 2190 Marshall, Theodore Kvasnik aooellant; 71 E. Baker, JTI Properties/J. Deouty i. aooellant; 2259 Rockwood, Stuart Coro./Jeffery Gross aooellant; 537-539 Ohio, Robert G. Dahl appellant; and 1735 Dayton, Charles Lidrents aooellant. (FOR ACTION) Councilmember Wilson moved approval of the resolution. Adopted Yeas - 6 Nays - 0 28. Resolution - 89-194 - Approving plans, special provisions and soecificatlan< fir imorovements to Marshall Avenue from the west City limits to Otis Avenue and approving parking restrictions on Marshall and additional reconstruction along Mississiooi River Blvd. near Marshall. (FOR ACTION) Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 29. Resolution - 89-195 - Approving application for the transfer of Off Sale Liquor >f' License from Kenneth Herdt dba Rite Liquor located at 645 S. Snelling to Peter Divinski (sole officer and stockholder) dba Rite Liquor located at the same address. (Hearing held January 17th) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 30. Preliminary Order - 89-196 - Condemning and taking permanent utility easements for the Sylvan/Acker Combined Sewer Separation Project, and setting date of public hearing for March 7, 1989. Councilmember Dimond moved aooroval of the order. Adopted Yeas - 6 Nays - 0 31. Preliminary Order - 89-197 - Condemning and taking an easement in land necessary for the slopes, cuts and fills including right of removal of lateral support from land occasioned by excavations or construction in the grading and oavihy of the alley in Blk. 1, Clarke's 2nd Addition and Blk. 2, Dawson's 5th Addition, date and setting of hearing for February 28, 1989. Councilmember Dimond moved appproval of the order. Adopted Yeas -.6 Nays - 0 32. Preliminary Order - 89-198 - Improving by grading and caving the alley in Blk. 1, Clarke's 2nd Addition and Blk. 2, Dawson's 5th Addition bounded by Wheelock, -§ Laroenteur, Westminster and Edgemont, and setting date of hearing for February 28, 1989. Councilmember Dimond moved approval of the order. Adopted Yeas - 6 Nays - 0 x° Councilmember Dimond moved that the meeting be adjourned. r Adopted. Yeas - 6 Nays - 0 dole MINUTES OF THE COUNCIL 9:00 A.M FEBRUARY 7, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05`A.M. Present - 6 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Long (arrived at a point during the meeting) ORDINANCES 3. Final Adootion - 8B-1651 - An ordinance amending Chapters 409.06 and 410.03 of the Legislative Code pertaining to restricting the issuance of licenses for the sale of alcoholic beverages after drug conviction. (Community & Human Services Committee recommends approval.) Councilmember Rettman moved aooroval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17631 4. Second Reading - 89-147 - An ordinance repealing Chanter 50 in its entirety pertaining to registration of rental housing. (FOR ACTION) Laid over to February 9th for Third Reading. APPLICATIONS - COMMUNICATION 5. Claim of Gregory Andres,966 St. Clair, filed January 24, 1989, was read. Referred to the City Attorney's Office. Claim of Charles Bernhagen, 4016 - 2nd St. N.E., Minneapolis, MN, filed January 30, 1989, was read. Referred to the City Attorney's Office. Claim of Gina Hanson,2015 S. McKnight Rd., filed January 24, 1989, was read. Referred to the City Attorney's Office. Claim of Nicholas Otto (James Carey, attny.) filed January 24, 1989, was read. Referred to the City Attorney's Office. Claim of Thomas Warner, 889 N. Western, filed January 23, 1989, was read. Referred to the City Attorney's Office. 6. Communication of Sharon Anderson. Referred to the City Attorney's Office. (CC #13095) 7. Amended Summons & Complaint in the matter of Fred Arnett, Jr. vs. the City of St. Paul, et al. Referred to the City Attorney's Office. 8. Summons & Complaint in the matter of John S. Conway vs. the City of St. Paul, et al. Referred to the City Attorney's Office. Councilmember Long arrived at this Point in the meeting. -61- n it MINUTES OF THE COUNCIL 9:00 A.M FEBRUARY 7, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05`A.M. Present - 6 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Long (arrived at a point during the meeting) ORDINANCES 3. Final Adootion - 8B-1651 - An ordinance amending Chapters 409.06 and 410.03 of the Legislative Code pertaining to restricting the issuance of licenses for the sale of alcoholic beverages after drug conviction. (Community & Human Services Committee recommends approval.) Councilmember Rettman moved aooroval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17631 4. Second Reading - 89-147 - An ordinance repealing Chanter 50 in its entirety pertaining to registration of rental housing. (FOR ACTION) Laid over to February 9th for Third Reading. APPLICATIONS - COMMUNICATION 5. Claim of Gregory Andres,966 St. Clair, filed January 24, 1989, was read. Referred to the City Attorney's Office. Claim of Charles Bernhagen, 4016 - 2nd St. N.E., Minneapolis, MN, filed January 30, 1989, was read. Referred to the City Attorney's Office. Claim of Gina Hanson,2015 S. McKnight Rd., filed January 24, 1989, was read. Referred to the City Attorney's Office. Claim of Nicholas Otto (James Carey, attny.) filed January 24, 1989, was read. Referred to the City Attorney's Office. Claim of Thomas Warner, 889 N. Western, filed January 23, 1989, was read. Referred to the City Attorney's Office. 6. Communication of Sharon Anderson. Referred to the City Attorney's Office. (CC #13095) 7. Amended Summons & Complaint in the matter of Fred Arnett, Jr. vs. the City of St. Paul, et al. Referred to the City Attorney's Office. 8. Summons & Complaint in the matter of John S. Conway vs. the City of St. Paul, et al. Referred to the City Attorney's Office. Councilmember Long arrived at this Point in the meeting. -61- J t 7 r February 7, 1989 f�i a is d caimITTEE REPORTS ifl 9. Resolution - 88-1918 - Adooting the St. Paul Capital Allocation Policy for the ' years 1990 through 1994 and transmitting it to, neighborhood contacts, Long Range CIB Committee and its task force, the Planning Commission and City staff. b, (Finance, Management 8 Personnel Committee recommends approval of substitute N,c resolution) cr Councilmember Long explained Committee discussion and the substitute resolution recommended for approval. Uoonquestion of Councilmember Rettman, Mark Vanderschaff of PED appeared and - said adraft of the policy was distributed to District Councils for their review and comnent and he said some revisions were made. e Upon question of Councilmember Wilson, Mr. Vanderschaff explained the handicapped accessible issue, and Councilmember long stated a statement will be required justifying why a building would not be made handicapped accessible. fi Councilmember Long moved aooroval of the resolution. s Roll call. Adopted Yeas - 7 Nays - 0 ADDITIONAL ITEM i Resolution - 89-97 - Authorizing PED to develop andimplement a job imoact statement for all projects involving City and Port Authority financing. (Laid over from February 2nd Councilmember Scheibel distributed conies of the latest draft by PED of their recommendations and he said because we need to review it he was requesting an . additional two week lay over. u, Councilmember Rettman moved that this resolution be .laid over two weeks to ` February 21st. Adooted Yeas - 7 Nays ''- 0 Laid over to February 21st. NEN BUSINESS - RESOLUTIONS 10. Resolution - 89-199 -_;Designating February 1989 as "Saint Paul Loves Its Kids Month". (FOR ACTION) Councilmember Rettman moved aouroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Rettman moved that the rules be suspended to consider an item not on the agenda pertaining to North End Elementary School. Roll call on suspension. Adopted Yeas - 7 Nays - 0 j Resolution - 89-226 - Declaring Thursday, February 23, 1989 as North End School Day and extending congratulations to North End Elementary School. Councilmember Rettman moved approval of the resolution.. Roll call. Adopted Yeas - 7 Nays - 0 11. Resolution - 89-200 - Approving the Comorehensive Homeless Assistance Plan and directing it be submitted to the U.S. Department of Housing and Urban �s Develooment. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 i l 12. Resolution - 89-201 - Authorizing the City to submit a grant application to the U.S. Dept. of Housing 8 Urban Development for Emergency Shelter Grant (ESG) 1 a Program. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 €e - 62 - u in 1 Y� February 7, 1989 wl a = 13. Resolution - 89-202 - Directing the property at 1992 Clear Avenue be cleaned uo. I (FOR ACTION - Hearing held December 1, 1988) Councilmember Goswitz said he has spoken with the City's Health Division and has been informed that this property has been cleaned up and he withdrew the �a ' s� resolution. u Withdrawn 14. Resolution - 89-203 - Directing the property at 635 Sherburne Avenue be cleaned (FOR ACTION Hearing held January 12, 1989) uo. - Councilmember Sonnen moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 15. Resolution - 89-204 - Authorizing payment of $1,400 to Frank Mattson from the _ Tort Liability Fund in settlement of his claim. (FOR REFERRAL TO THE FINANCE, x Y MANAGEMENT & PERSONNEL COMMITTEE.) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 16. Resolution - 89-205 - Authorizing the refund of transfer fees to counsel for ` MFL, Inc., Cochrane & Bresnahan for disbursement to client or clients involving an application for transfer of license for Belmont Club at 615 University Avenue which was not aporoved. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. w Adopted Yeas - 7 Nays - 0 17. Preliminary Order - 89-206 -For the improvement of Minnehaha Ave. from White i Bear Ave. to Hazel St, and Pedersen St, to McKnight Rd., and setting date of y. hearing for March 7, 1989. Councilmembers Dimond and Goswitz moved aooroval of the order. Adopted Yeas - 7 Nays - 0 18. Preliminary Order - 89-207 - For the construction of sanitary, storm and water service connections if requested for the Minnehaha Avenue street .improvement oroject, and setting date of hearing for March 7, 1989. Councilmembers Dimond and Goswitz moved aooroval of the order. Adopted Yeas - 7 Nays - 0 ORDINANCES 1. Final Adoption - 88-621 - An ordinance amending Chapter 111 of the Administrative Code pertaining to Ethical Practices Board by changing the name from Election Board to Ethical Practices Board. (Rules & Policy Committee 8 recommends aooroval of substitute ordinance -"laid over from January 24th.) Councilmember Sonnen said Councilmember Long and herself are submitting a substitute ordinance for both this and the following related ordinance, and she explained the changes made in the new substitute. n Councilmember Rettman referred to concern of placing the Board all in terms of the auditor and said she would rather it go directly to the Board itself like it in the City Clerk's Office. 5x }? although ideally she would Councilmember Sonnen expressed agreement to comments made by Councilmember Rettman and she said there is a clause that the Ethical Practices Board would establish their procedures which would come before the Council for review and aooroval. At this point there was considerable discussion oertaining to referrals of _ formal comolaints vs. annonymous complaints. Councilmember Sonnen said the City Attorney has suggested an amendment in ' Section 5 of Chapter 24 adding language or the Ethical Practices Board". Councilmember Wilson, Jane McPeak has 4 Upon question of stated once a complaint been filed it is public information. � w 63 - 3 _64_ i I February 7, 1989 (Discussion continued from previous page) Councilmember Dimond said that Council is getting over -regulatory and he sooke in opposition to this and the following related ordinance. Upon question of Councilmember Goswitz, Tom Flynn appeared and explained some of ;. the Task Force recommendations. Councilmember Scheibel stated the most important thing about ethics is clarity and if this is created we need to be very clear of the intent. Councilmember Wilson commended Tom Flynn and.his colleagues on their tremendous job and their efforts. Councilmember Long requested other amendments and moved approval of the substitute resolution with amendments. Adopted Yeas - 7 Nays - 0 Councilmember Wilson said we need to clarify the issue of who will represent whom and he said reoresentation can be a very critical issue that should be r resolved before we gd forward, and Jane McPeak stated she will look intothat issue.. Laid over for two weeks to February 21st for Final Adoption. s 2. Final Adoption - BB -.623 - An ordinance amending Chapter 24 of the Administrative Code pertaining to a code of ethics for City officials and employees. (Rules .& Policy Committee recommends approval of substitute ordinance - laid over from January 24th.) (See discussion above) _ Laid over for two weeks to February 21st for Final Adoption. PUBLIC HERRINGS 19. Final Order - 89-208 - For the construction of green lantern style street lighting system on St. Clair Ave. from Snelling Ave. to Lexington Ave., a Dart of the Syndicate/Fairmount Area Street Paving & Lighting Project. (Public Works 5� Committee recommends approval.) No one appeared in 0000sition. Councilmember Long moved approval of the order. Adopted Yeas - 6 Nays - 1 (Rettman) Councilmember Sonnen left the meeting at this Point and returned later. 20. Final Order - 89-209 - For the improvement of East Shore Drive from Johnson Parkway to Larpenteur Ave, and the improvement of Johnson Parkway from Maryland Ave. tp E. Shore Drive. (Public Works Committee recommends approval.) No one aooeared in 0000sition. Councilmember Goswiti moved aooroval of the order. - • Adopted Yeas - 6 Nays - 0 21. Final Order - 89-210 - For the opening, widening and extending East Shore Drive by taking and condemning the southerly 610 feet of Government Lot 1 lying in the Southwest 1/4 of Section 22, Township 29, Range 22 lying westerly of the Northern Pacific Railroad right-of-way. (Public Works Committee recommends approval) No one aooeared in 0000sition. Councilmember Goswitz moved aDDroval of the order. _ Adopted Yeas - 6 Nays - 0 Councilmember Sonnen returned to the meeting at this point. �a 22. Resolution - 89-143 - Approving aoolication for a Class A Gambling Location License by Walmont, Inc. dba Tiffany Lounge at 2051 Ford Parkway. (Laid over from January 26th.) Y No one appeared in 0000sition. Councilmember Long moved approval of the resolution. j Adopted Yeas - 7 Nays - 0 3 _64_ i I } v>h � February 7, 1989 23. Resolution - 89-144 - Approving application for a Class B Gambling License by t a Trade Lake Camp at Tiffany's at 2051 Ford Parkway. (Laid over from January r 26th.) No one appeared in opposition. Councilmember Long moved approval of the resolution. V. Adopted Yeas - 7 Nays 0 r4 ' 24. , Resolution - 89-145 - Approving application for a Gambling Manager's License by E. Thomas Bauer dba Trade Lake Camo at Tiffany's at 2051Ford Parkway. (Laid over from .January 26th.) No one appeared in opposition. r Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 t, 25. Resolution -. 89.176 Approving application the transfer of Off Sale ;Liquor License from Kaooy's Liquor, Inc. dba Kaooy's located at 345 Wabasha'(Louis Kaplan and Reuben Kaplan, stockholders) to Kaopy's Liquor, Inc. dba Kaooyy's (Louis Kaplan and Stephen Kaplan, officers; Louis Kaplan and Mitchell St: George, located ,.' stockholders) J at the same address. (Laid over fromanuar 31st. y. No one appeared in opposition. ' Councilmember Scheibel said a letter of Mr. Kaolan has been received stating ` i` agreement to not sell small bottles of wine and he said it will be made part of the record. Councilmember Dimond moved ap proval of the resolution. J Roll call. Adopted Yeas - 7 Nays - 0 26. Resolution 89-211 - Approving application for. an On Sale Malt License and Restaurant (0) License by Godfather's Pizza, Inc. dba Godfather's Pizza at 1490` a W. University Ave. No one appear%d in 0000aitior\. Councilmembers Rettmao and Dimond moved.auoroval of.tiie "°solution. Adopted Yeas - 7 Nays - 0 Councilmember Scheibel stated he will be late Thursday, February 9th as he will be representing the Council in meting representatives of the Soviet Union. Councilmember Rettman. oresented a brief update on legislation pertaining to y �}pg 3i1i said they are hopeful of passage. 'ounc lmia,;ber Long requested to be excused from Council on Thursday, February 9th as M: will be out of town and he referred toan agenda item scheduled for that da.' and requested a lay over in order for him to oreoare an amendment to it. im Counci`member Long moved that the meeting be adjourned. Adopb:d Yeas - 7 Nays - 0 ADJOURNED AT 10:05 A.M. Louncil Fresi e3oE— kNys.� Cooies sent to Councilmembers 5 Minutes approved by Council 3 3d er ABO:omk - 65 t 4 011 Oji 51� F } f,4 APi9 'lE I MINUTES OF THE COUNCIL t (}A 9:00 A.M _ FEBRUARY 9, 1989 COUNCIL CHAMBERS - GITY HALL &COURT HOUSE zY i 3�r�y*4 SAINT PAUL, MINNESOTA re ,) The meeting was called to order by Vice President Wilson at 9:05 A.M. r: v Present - 4 - Councilmembers Dimond, Goswitz, Rettman, and Wilson Scheibe! (excused), and Sonnen Long (meeting) (arrived ata Count durinmbers g the f J� APPROVAL. OF MINUTES 'c F. 1. Approval ofminutes forCityCouncil meetings of January. 3, 5, 10, 12, 17 and r n. 19, 1989. Councilmember Rettman moved aooroval of the minutes. Adopted Yeas - 4 Nays - b_ APPLICATIONS - COINNICATIONS 4 2. Administrative Orders D-10079 through D-10090 were noted as on file ,in,the City ( Clerk's Office. Upon request of Councilmember, Rettman, Administrative Order D-10090 was referred 6 the Community and Human Services Committee for review. . COIMI7TEE,REPORTS 3. Resolution - 89-90 - Establishing the rate of pay for Customer, Service Senior Reoresentative in Grade 29,,Section ID1 of. the Clerical Standard Ranges. in the Salary Plan and Rates of Compensation Resolution. (Finance, Management & Personnel Committee recommends. aooroval - Second Reading & Adoption) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 4 Nays - 0 4. Resolution - 89-91 - Establishing the rate of pay for Customer Service, Reoresentative in Grade 25, Section ID1 the Clerical Standard Ranges the of .in Salary Plan and Rates of Compensation Resolution. (Finance, Management & Personnel Committee recommends aooroval - Second Reading & Adoption) Councilmember.Rettman moved aoogoval of the resolution. Adopted Yeas - 4 Nays - 0 5 5. Resolution 89-50 - Allowing employees resingm ng in 1988 who qualify for severance pay the.option of receiving it in full or in five equal installments. 4 (Finance Management & Personnel Committee recommends approval) r 7 �a Councilmember Rettman moved approval of the resolution. Adooted Yeas - 4 Nays - 0.. NEW BUSINESS — RESOLUTIONS 6. Resolution -,89-212 - Aooroving second cycle of Urban Revitalization Action Program. (FOR REFERRAL TO,THE HOUSING A ECONOMIC COMMITTEE Public, w ---- °+ DEVELOPMENT - Hearing before City Council scheduled for February 23, 1989.) a Referred to the Housing & Economic Develooment Committee. Councilmember Sonnen arrived at this point in the , t- meeting. _J RM t 1 r 'i4 February 9, 1989 s 7. Resolution - 89-213 - Supporting recommendations and proposed legislation of �s Attorney General Humphreys task force on Prevention of Sexual Violence Against lr' R Women, directing Mayor's Administration to require appropriate City staff to implement z� Council's support and to require City deoartments and divisions to forward imolement and Council's support to the St. Paul Legislative Delegation, (Community & Human Services Committee recommends aooroval with amendments.) Paula McAvey from the Attorney General's r Office aooeared and exolained the resolution and amendments made. Councilmember Rettman explained Committee discussion and the friendly amendments s made and she moved approval of the resolution. Upon question of Councilmember Wilson, Ms. McAvey explained their process on the issue of the proposed adult use legislation and said she hopes to 'release their report in the near future. Roll call on the motion for aooroval with amendments. Adopted 11 Yeas - 5 Nays - 0 8. Resolution - 89-214 - Authorizing expense not to exceed $2,000 from Legislative Operating funds for outside expert testimony pertaining to plastic packaging ordinance. (FOR ACTION) Councilmember Rettman requested this resolution be referred to the Finance, e Management & Personnel Committee for discussion and review. Upon question of Councilmember Wilson, City Attorney Ed Starr said there are no set fees for expert testimony and it is subject to negotiation. eAs Councilmember Sonnen referred to a public hearing set for February 15th where expert testimony is be expected to heard and she expressed concern if this resolution is referred to Committee. Councilmember Dimond sooke in support of referring this resolution to Committee. Councilmember #� Rettman said her concerns are the resolution has not been signed by either the Budget Office nor the City Attorney's Office and no xy,v. green sheet or related documents were attached and no intent was exoressed. Councilmember Sonnen stated she feels this is an intent resolution and therefore does not require budgetary sign -off. Councilmember Wilson stated upon the request by Councilmember Rettman this item will be referred to the Finance Committee and he stated items can be called out. of Committee and considered next Tuesday if necessary. Referred to the Finance, Management & Personnel Committee. 9. Resolution - 89-215 - Authorizing designated individuals to act on behalf of the Board of Health for purposes as designated. (FOR ACTION) ' Upon request of Councilmember Rettman this resolution was referred to the Community and Human Services Committee. Referred tothe Community and Human Services Committee. 10. Resolution - 89-216 - Approving guidelines for Child Care Participation Program. (Community & Human Services Committee recommends approval as amended.) Councilmember Rettman said the amendment is using the open appointment orocess in appointing oersons to the selection team and she said she was instructed by the City Attorney's Office this was the ^ appropriate way to proceed. Councilmember Rettman moved aooroval the fr of resolution. Adopted ` y Yeas - 5 Nays - 0 Councilmember Sonnen said she feels that City staff should not have voting `i authorityratherstaff the Committee and that two youths be selected to ythbut e serve onCouncilmember Dimond referred to his concern in changing the resolution at this r .._ point and that he believers there are good reasons to have City staff involved. *�✓ Councilmember Rettman said another suggestion is to leave the two Cit staff and also add two y ( youths. Councilmember Sonnen moved reconsideration of the resolution. Adopted Yeas - 4 Nays - 1 (Dimond) (Discussion continued on following page) -67- _J February 9, 1989 (Discussion continued from previous oage) Councilmember Sonnen moved'aooroval'of the resolution with the guidelines to be amended pertaining to the selection orocess by deleting language pertaining to two City staff and adding language oertaining to two youths being selected. Councilmember Goswitz said we need to be specific regarding the age bracket of the youths selected and he'suggested they be juniors or seniors in high school. Councilmember Sonnen accepted that as a friendly amendment. Adopted Yeas - 5 Nays - 0' 11. Resolution - 89-217 - Authorizing proper City officials to execute'anagreement with Ramsey County for the majority of fundi n_gg for the Curbside Recycling Program. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 12. Resolution - 89-218 - Authorizing Droner City officials to execute a hazardous materials resoonse agreement with the Centennial Fire Protection District. (FOR ACTION) . Upon request of Councilmember Goswitz this resolution was referred to the Community & Human Services Committee. Referred to the Human Services Committee. PUBLIC HEARINGS 13. Third Reading - 89-147 An ordinance repealing Chapter 50 of the Legislative - Code in its entirety pertaining to registration of rental housing. (FOR ACTION) No one aooeared in 0000sition. Laid over to February 16th for Final Adoption. 14. Resolution - 89-219 - Approving application for the renewal of Class A Gambling License aoolied for by Friends of St. Peter Claver located at 1494 N. Dale. Noone aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 15. Resolution - 89-220 - Aooroving`aoDlication for the renewal of Class A Gambling License aoolied for by friends of St. Josephs House located at 1494 N. 'Dale. No one aooeared in opposition: Councilmember Rettman moved approval of the resolution. " Adopted ' Yeas, 5 Nays - 0 16. Resolution -89-221 - Approving application for Class A Gambling Location License applied for by Gentiles, Inc. dba Flaherty's Bar located at 499 Payne Avenue: No one appeared in 0000sition. Councilmember Goswiti moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 17. Resolution -'89-222 - Approving application for Class B'Gambling License aoolied for by Lower Eastside 'Football Association at Flaherty's Bar located at 499 Payne Avenue. No one aooeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 _ 68 - -69- tY x February 9, 1989 fa 18. Resolution - 89-223 - Aooroving application for Gambling Manager's License Alan Bloomquist dbi The Lower Eastside Football Association at a x, ' aoolied for by Flaherty's Bar located at &ui Payne Avenue. t} a No one aooeared in opposition. Councilmember Goswitz moved approval of the resolution. ri�r `r Adopted Yeas - 5 Nays - 0 Later in the meeting Christine Rozack of the License Division aooeared and Councilmember Sonnen Pertaining to the applicant's number answered questions of of years in business. 19. Resolution - 89-224 - Aooroving application for the renewal of various On Sale t Liquor and Class III Licenses as listed. 1. r No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. e Adopted Yeas - 5 Nays - 0 l 20. Resolution - 89-225 - Aooroving application for the renewal of various On Sale Wine and Class III Licenses as listed. RD one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 21. Resolution - 89-146 - Suspending On Sale Intoxicatingg Liquor Licenses held by Inc. dba Ryan's Bar located at 201 E. 4th Street. (NOT' T.R. Enterprises, CONTESTED - Laid over from January 26th) Phil Byrne, Assistant City Attorney, aooeared and said if guidelines were in place he would not have brought this before Council but rather would have issued ` a letter of reorimand. He explained the incident that occurred and recommended ' 7 a resolution be redrafted givingg a reorimand. Upon question of Councilmember Rettman, Mr. Byrne said he believes the mitigating circumstance is the establishment was not open for business. Mike Black, attorney representing Tom Ryan, aooeared and said they acknowledge violation of the ordinance in that there was consumption of liquor after hours. He explained why the employee was at the establishment as well as their Policy for not answering the door after hours and he said all staff is now aware of their policy for no drinking after hours. He said he submits this was a minor violation and he urged Council to issue his client a reorimand. Upon question of Councilmember Sonnen, Mr. Black said it is the policy of the _ establishment not to let anyone in after hours and they do require verification of who they say they are. Councilmember Sonnen said although this has nothing to do with the issue before us she feels it is a dangerous situation and she suggested,a door be installed similar to those in aoartment complexes where there is a oeek hole. Councilmember Goswitz brought up the fact that a shareholder's name is on this application which should be removed. Mr. Ryan aooeared and referred to the high fee involved in making the necessary 4 changes to his application. There was some discussion and Joe Carchedi explained why he feels the fee is justifiable and Councilmember Dimond recommended to Mr. Ryan not to let his application papers get out of order. Councilmember Dimond moved that at letter of reorimand be made and if there are — any violations within one year to treat it as their second violation. Roll call. Adooted Yeas - 5 Nays - 0 i -69- k 1 J February 9, 1989 22. Report of the Administrative Law.Judge, including Findings of Fact, Conclusions andRecommendations, in the matter of adverse hearing involving licenses at The Pacific Garden located at 338 St. Peter. Phil Byrne appeared and said Mr. Daubney, attorney for the Pacific Garden, is in court today on a trial. Councilmember Dimond moved this item be laid over to Tuesday, February 14th. Adooted Yeas - 5 Nays - 0 Laid over to February 14th. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 9:55 A.M. ATTEST: Copies sent to Councilmembers 3/cm --LL j 9 Minutes approved by Council �VMY er p ABO:Pmk I ,y MINUTES OF THE COUNCIL 9.00 A.M i x FEBRUARY 14, 1989 �y' COUNCIL CHAMBERS - CITY HALL & COURT HOUSE k' SAINT PAUL, MINNESOTA I,N The meeting was called to order by President Scheibel at 9:00 A.M.9.Present - 7 - Councilmembers Dimond, Goswitz, Lon Rettman, Scheibel, Sonnen, _ Wilson s ii P Absent - 0 ORDINANCES 1. First Reading"= 89-227 - An ordinance amending Chapter 86 of the Administrative Y` Code pertaining to signing of contracts, deeds, bond and checks by providing notification to Council prior to signatures on proposed contracts when not 10r . subject to competitive bidding. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Referred to the Finance Committee. ' 2. First Reading - 89-228 - An ordinance amending Chapter 82 of -the Administrative Code pertaining to purchasing procedures and public contracts and providingg a 90 -day limitation on excavation for combined sewer separation and street oaving. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) Upon request of Councilmember Goswitz this ordinance was referred to the Public Works Committee. Referred to the Public Works Committee. APPLICATIONS - COMUNICATION 3. Claim of Jeffry Ballard, 1700 Fremont, filed February 2, 1989, was read. Referred to the City Attorney's Office. Claim of Mary Ann Cincotta, 1397 Ashland, filed February 6, 1989, was read. Referred to the City Attorney's Office. Claim of Shannon Downs (Harry Sieben, Jr., attny.) filed February 3, 1989, was read. Referred to the City Attorney's Office. Claim of Jodi Newville, 83 W. California #109, filed February 3, 1989, was read. Referred to the City Attorney's Office. H Claim of Terry and Lynn Schmidt, 1187 N. Dale, filed February 2, 1989, was read. Referred to the City Attorney's Office. Claim of Doris Thomas for John Thomas (Robert McGarry, attny.), filed February 3, 1989, was read. Referred to the City Attorney's Office. 4. Appeal of Clara Green to a Summary Abatement Order for property located at 1693 i FordParkway. Councilmember Rettman moved a date of oublic hearing be set for February 28, 1989. Adopted Yeas - 7 Nays - 0 (Withdrawn on February 17, 1989) (CC #13097) H -71- CON41TTEE REPORTS 6. Resolution 89-126 - Approving sale and tax levy of CIB Bonds Series 1989A ($11,750,000). (Finance, Management & Personnel Committee recommends approval 1 of substitute resolution) Gene Schiller, Director of Finance & Management Services, aooeared and distributed a packet of information to Councilmembers and he urged Council to adopt this and the following items 7 through 10. E Councilmember Dimond moved approval of this and the following related i resolutions. Roll call. Adooted Yeas - 7 Nays - 0 7. Resolution - 89-127 - Approving sale and tax levy of Street Improvement Soecial Assessment Bonds Series 19898 ($2,000,000). (Finance Management & Personnel Committee recommends aooroval of substitute resolution3 Adopted Yeas - 7 Nays - 0 B. Resolution - 89-128 - Aooroving sale and tax levy of Como Conservatory Bonds Series 1989C ($5,000,600). (Finance, Management & Personnel Committee recommends approval of substitute resolution) Adopted Yeas - 7 Nays - 0 9. Resolution - 89-129 - Aooroving sale and tax levy of Warner/Sheoard Road Bonds Series 1989D ($5,500,000). (Finance, Management & Personnel Committee recommends approval of substitute resolution) Adopted Yeas - 7 Nays - 0 10. Resolution - 89-130 - Approving sale and tax levy of Refunding Bonds Series 1989E ($2,265,000). (Finance, Management & Personnel Committee recommends approval of substitute resolution) Ado Yeas - 7 Nays - 0 11. Resolution - 89-131 - Aooroving tax levy for $11,750,000 CIB Bonds. (To be withdrawn - Tax levy included in orevious resolution 88-126) Councilmember Long withdrew the resolution. Withdrawn. 12. Resolution - 89-132 - Aooroving tax levy for $2,000,000 Street Improvement Special Assessment Bonds. (To be withdrawn - Tax levy included in previous resolution 8B-127) Councilmember Long withdrew the resolution. Withdrawn. 72 - w � ` February 14, 1989 t } (, 5. Letter of the City Attorney announcing dates of public hearings before an a '< Administrative Law Judge pertaining to possible adverse action against licenses e held by Millet N. Huynh dba Larry's, Grocery, 1673 Grand, March 8th; Harold Rafferty dba Kuby's Place, 1141 Rice, March 21st; Donald Paster and Mitchell a; West dba North End Deoot, 1638 Rice, March 30th; and Michael Reaney dba Reaney's Bar, 870 Payne, March 30th. Filed (CC &13098) HISCEU.ANEWS 55. Presentation of tha Government Finance Officers Association Distinguished Budget Presentation Award to Budget Office for the 1988 budget. On behalf of the Mayor and the City, Councilmember Scheibel presented the Distinguished Budget Award to Barb Jeanetta who accepted the award for the Budget Office and Councilmember Scheibel introduced the full Budget staff. CON41TTEE REPORTS 6. Resolution 89-126 - Approving sale and tax levy of CIB Bonds Series 1989A ($11,750,000). (Finance, Management & Personnel Committee recommends approval 1 of substitute resolution) Gene Schiller, Director of Finance & Management Services, aooeared and distributed a packet of information to Councilmembers and he urged Council to adopt this and the following items 7 through 10. E Councilmember Dimond moved approval of this and the following related i resolutions. Roll call. Adooted Yeas - 7 Nays - 0 7. Resolution - 89-127 - Approving sale and tax levy of Street Improvement Soecial Assessment Bonds Series 19898 ($2,000,000). (Finance Management & Personnel Committee recommends aooroval of substitute resolution3 Adopted Yeas - 7 Nays - 0 B. Resolution - 89-128 - Aooroving sale and tax levy of Como Conservatory Bonds Series 1989C ($5,000,600). (Finance, Management & Personnel Committee recommends approval of substitute resolution) Adopted Yeas - 7 Nays - 0 9. Resolution - 89-129 - Aooroving sale and tax levy of Warner/Sheoard Road Bonds Series 1989D ($5,500,000). (Finance, Management & Personnel Committee recommends approval of substitute resolution) Adopted Yeas - 7 Nays - 0 10. Resolution - 89-130 - Approving sale and tax levy of Refunding Bonds Series 1989E ($2,265,000). (Finance, Management & Personnel Committee recommends approval of substitute resolution) Ado Yeas - 7 Nays - 0 11. Resolution - 89-131 - Aooroving tax levy for $11,750,000 CIB Bonds. (To be withdrawn - Tax levy included in orevious resolution 88-126) Councilmember Long withdrew the resolution. Withdrawn. 12. Resolution - 89-132 - Aooroving tax levy for $2,000,000 Street Improvement Special Assessment Bonds. (To be withdrawn - Tax levy included in previous resolution 8B-127) Councilmember Long withdrew the resolution. Withdrawn. 72 - February 14, 1989 13. Resolution - 89-133 - Aooroving tax levy for $5,000,000 Como Conservatory Bonds. (To be withdrawn - Tax 7levy included in orevious resolution 88-128) Councilmember Long withdrew the resolution. Withdrawn. xz �u 14. Resolution - 89-134 - Aooroving tax levy for $5,500,000 Warner/Shepard Road Bonds. (To be withdrawn - Tax levy included in previous resolution 88-129) Councilmember Long withdrew the resolution. Withdrawn. - 15. Resolution - 89-135 - Aooroving tax levy for $2,275,000 Refunding Bonds. (To be withdrawn - Tax levy included in orevious resolution 88-130) Councilmember Long withdrew the resolution. Withdrawn. NEW BUSINESS - RESOLUTIONS 16. Resolution - 89-229 - Aooroving Wage and Benefit Policy for non -represented managgement personnel. (First Reading - FOR REFERRAL TO THE FINANCE, MANAGEMENT h' & PERSONNEL COMMITTEE) Referred to the Finance Committee. 17. Resolution - 89-230 - Ending negotiations with the State Human Rights Department and Stephen C000er over Firefighter examination issue and instructing City Attorney's Office to seek resolution of lawsuit through the Courts. (FOR ACTION) Councilmember GDswitz said upon advice by Assistant City Attorney Terry Sullivan he is requesting a one week layover for further review. Laid over one week to February 21st. 18. Resolution - 89-231 - Authorizing proper City officials to execute written +� agreement with Great Plains Zoo and Aquarium in Souix Falls, S.D., providing for donation byy St. Paul of a jaguar. (FOR ACTION) Councilmembers Goswitz and Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 19. Resolution - 89-232 - Approving the expansion of Joint Powers Agreement with the State of Minnesota to include surplus disposal and resource recovery. (FOR REFERRAL TO THE FINANCE, MANAGEMENT & PERSONNEL COMMITTEE) - - Upon request of Councilmember Goswitz this resolution was referred to the Public Works Committee. Referred to the Public Works Committee. 20. Resolution - 89-233 - Supporting efforts of the Community College System to service expanding needs of citizens and recognizing February as National Community College Month. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. - ; Adopted Yeas - 7 Nays - 0 21. Resolution - 89-234 - Designating Dayton's Bluff School gym located at 262 Dates as the official polling location for District 7, Precinct 5. (FOR ACTION) Councilmember Dimond said the new location is handicaooed accessible and he moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 22. Resolution - 89-235 - Authorizing aooroval of Ramsey County plans to reconstruct -n)- Laroenteur between 35-E and Edgerton, bridge construction over Soo Line Railroad R and right-of-way acquisition. (FOR ACTION) Councilmember Rettman said the District 5 Community Council has not yet reviewed this resolution and upon her request it was referred to the Public Works Committee. Referred to the Public Works Committee. -73- a - 74 - February 14, 1989 23. Resolution - 89-236 - Authorizing proper City officials to pay Ken Jones $82,339 for the ourchase of property located at 602 N. Dale for the widening of Dale between Sherburne and Van Buren. (FOR ACTION) Councilmember Wilson moved aooroval of the -resolution. Adooted Yeas - 7 Nays - 0 Y 24. Resolution - 89-237 - Authorizing proper City officials to pay Sally Herbst $90,455 for the ourchase of property located at 600 N. Dale for the widening of Dale between Sherburne and Van Buren. (FOR 'ACTION)' Councilmember Wilson moved aooroval of the resolution. Adopted - Yeas - 7 Nays"- 0 ' 25. Preliminary Order - 89-238 - Condemning and taking easement in land necessary for slooes, cuts and fills including right, of removal 'of lateral supportfrom subject land occasioned by construction of slopes necessary for street and walk reconstruction on Maryland Avenue from 200 ft, west of Jessie to 200 ft. east of Jesse on Jessie from 200 ft. south to 100 ft, north of Maryland, and setting date of public hearing for March 21st. Councilmember Rettman moved aooroval of the Order. 2' Adooted "" Yeas - 7' Nays -"0 26. Preliminary' Order - 89-239 - Imoroving Maryland Avenue between I -35E and Payne and Jessie 'from 200 ft. south to 100 ft. north of Maryland, and setting date of public hearing for March 21st. Councilmember Rettman moved aooroval of the Order. Adopted Yeas '= 7 Nays - 0 27. Preliminary Order - 89-240 - Imoroving St. Clair between Dunlap and Grigggs by repairing existing bridge, and setting date of public hearingfor March 21st. Upon question by Councilmember Long, Chris Nicosia of the Public Works Department aooeared and said Art Werthauser will contact' him with the time oeriod. Councilmember' Long moved this order be laid over to Tuesday, February 21st. Adopted Yeas - 7 Nays- 0 28. Resolution - 89-241 - Approving assessment for construction of sanitary sewer and sewer service connections in Idaho from Arundel to Cumberland, and setting date of oublic hearing for March 21st. Councilmember Rettman moved aooroval of the Order. _ Adopted Yeas - 7 Nays - 0 ' 29. Resolution - 89-242 - Approving assessment for installing water main and' water service connections in Arundel from Lawson to 100 ft. south of Lawson, and setting date of public hearing for March 21st. Councilmember Rettman moved aooroval of the Order: Adopted Yeas - 7 Nays - 0 30. Resolution - 89-243 - Approving assessment for construction of sanitary sewer on Cottage from Dale to 190 ft. more -or -less to the east' in connection with the Dale/Hoyt Area Sewer System, and setting date of public hearing,for March 21st. Councilmember Rettman moved aooroval of the Order. Adopted Yeas - 7 Nays = 0' a - 74 - 1 G) J 3 February 14, 1989 ' s#ai' ADDITIONAL ITEM r r� ? Reoort of the Administrative Law Judge including Findings of Fact, Conclusions �s 4 ar � and Recommendations in the matter of possible adverse action against licenses n hth) by the Pacific Garden located at 338 St. Peter. (Laid over from February ` s tem Phil Byrne, Assistant City Attorney, appeared and said he is reoresenting the Department of Community Services and that he endorses recommendations the ,- of Administrative Law Judge and he said the stioulations made by the Judge are - t py s satisfactory to the Community Services Deoartment. Mr. Byrne said he is 3 L recommending one technical change which is to submit a report two weeks prior to the six month assessment l period. Councilmember Wilson said he feels two weeks is too short a oeriod of time and p` he suggested 30 days prior to the assessment, and Mr. Byrne said that language x could be added. Councilmember Scheibel said we need to have a clear time table and to have an inspection and reoort at the half -way point to make certain progress is being made. Uoon question of Councilmember Rettman, Mr. Byrne said there is no evidence of s infestation of nests in the other establishments located in the building. Councilmember Wilson stated he went to the establishment and said the area infested is separate from the restaurant and not under the control of the licensee. John Daubney appeared representing the licenseholders of the Pacific Garden and said they endorse the results of the Administrative Law Judge. He said his clients have now received building maintenance cooperation to out the infestation under control and he said they agree to and will imolement the stioulations as well as the 30 day review before the 60 day oeripd. Bill Gunther of the Health Division appeared and explained the rating sheet of State x r the for establishments to be rated once a year. Upon of Councilmember Sonnen, £v question an Inspector of the Health Division appeared and said there has been an amazing improvement in the restaurant. Upon question of Councilmember Sonnen, Mr. Byrne said the Council has the choice of disciplinary action to be taken. Councilmember Rettman noted as a ooint of interest that her Committee will be discussing these types of violations tomorrow. Upon request of Councilmember Rettman, Mr. Gunther gave some background information on the infestation of the establishment. Councilmember Dimond said he is uncomfortable on how to oroceed as there has been continual violations and possible future violations. Councilmember Long said he feels the stay of iinoosition is too vague and needs to be more clearly stated and he moved Finding No. 12 be deleted, Recommendation 6 b amended adding language that if a separate violation occurs during the period of the stay the Council may have the discretion to imoose a 30 day x suspension, and that Recommendation 5-C be amended to require a 3 month report by the Health Division as well as a 6 month i reoort. Councilmember Sonnen said we should suspend the license now for three days with > d a plan to be established. " CouncilmembersWilson, Dimond and Long spoke in su000rt of the recommendation by the Administrative Law Judge. Councilmember Rettman spoke in favor of the three da suspension but said if there are four votes in favor of the Administrative taw Judge recommendations she will go with that with the amendments referred to previously. Councilmember Wilson moved su000rting recommendations t i i of the Administrative Law Judge with the amendments made by Councilmember Long. Councilmember Dimond said he tends to go with the three day suspension. Roll call on the motion to sumoort the recommendations of the Administrative Law f Judge as amended. Adooted Yeas - 5 Nays - 2 (Rettman/Sonnen) 75 - • - 76 - s February 14, 1989 PUBLIC HEARINGS 31. Hearing to consider the petition of Corine and Michael McGinley to rezone orooerty located at 1840 E. Laroenteur on the southeast corner at Van Dyke from i c r R-3 to B -2C to establish a retail antique store. (Laid over from January 17th) i„ Lisa Freese of PED appeared and stated District 2 has taken no action pertaining to the restricted covenant. Mr. Daubn%y,aooeared and said he is representing the McGinley's. k' Jane McPeak said if the property is olaced under a restrictive covenant it would not bind the City for any zoning classifications. Councilmember Dimond said he be,this is spot zoning, and that restrictive covenants are a problem for communities and he moved denial of the rezoning. Councilmember Wilson left the meeting at this ooint'and returned later. Upon question of Council member Long, Ms.'Freese said the Planning Commission was #' aware of the restrictive covenant on the property but felt' it was an inaporooriate h rezoning. Ray Sermons of the District 2 Council appeared and Presented some background information on this item. No one else cooeared., Ro11 call on the motion to deny the rezoning. Adopted Yeas -,5 Nays,- 1 (Goswitz) (CC #13099) At.this time Council recessed and reconvened at 10:35 A.M. :... Councilmember Wilson returned to the meeting at this point. 32. Final Order - 89-79 - Improving Palace Avenue from Lexington Parkway to approximately 200 ft. east by,grading and paving, constructing concrete curb and gutter and sanitary sewer and sewer service connections. (Laid over from January 17th) Councilmember Scheibel said ,there is some sentiment-that,this and the following two related items can be worked out and, after some discussion it was agreed that these orders will be laid over three weeks to be heard in Committee. Laid over to March 7th. (On February 16th Council agreed to lay over to,March 21„ 1989) 33. Final Order - 89-80 - Condemning and taking easements in land necessary for slooes„ cuts and .fills including right of removal of lateral, support occasioned by excavations or construction slooes in the gradingg and paving of Palace from Lexington Parkway to approximately 200 ft. east, tLaid over from January 17th) (See discussion above) Laid over to March 7th. (On February 16th Council agreed to lay over to March 21, 1989) 34. Final Order - 89-81 - Constructing water service connection from temporary water main in Palace at Lexington Parkway to the east for property described as listed.. (Laid over from January,l7th) . (See discussion above) Laid over to March 7th. (On February 16th Council agreed to lay over to March 21, 1989) - 76 - s February 14, 1989 35. Final Order - 89-82 - Grading and paving Montana from Arkwright to proposed cul- de-sac aooroximately 290 ft. west of the west line of Arkwright, grading and paving Nebraska from Arkwright to Proposed cul-de-sac aooroximately 420 ft. west of the west line of Arkwright, constructing sanitary sewer and service connections and concrete curb and gutter in Nebraska from 370 ft. west of the west line of Arkwright to 300 ft, of the west line. (Laid over from January 17th) Upon request of Councilmember Goswitz, this and the following related three orders were laid over for three weeks for review. Laid over to March 7th. (On February 16th Council agreed to lay over to March 21, 1989) 36. Final Order - 89-83 - Constructing water main and water service connections in E. Nebraska from Arkwright to the Soo Line Railroad tracks and .in E. Montana from 190 ft. west of Arkwright to 290 ft, west of Arkwright. (Laid over from January 17th) (See discussion above) Laid over to March 7th. (On February 16th Council agreed to lay over to March 21, 1989) 37. Final Order - 89-84 - Condemning and taking easement in land necessary for slopes, cuts and fills including right of removal of lateral support occasioned by excavations or construction of slopes in the grading and paving of Montana from Arkwright to proposed cul-de-sac aooroximately 290 ft. west of the west line of Arkwright, grading and paving Nebraska from Arkwright to pro -posed cul- de-sac aooroximately 420 ft. west of the west line of Arkwright. (Laid over from January 17th) (See discussion above) Laid over to March 7th. (On February 16th Council agreed to lay over to March 21, 1989) 38. Final Order - 89-87 - Opening and widening Montana and Nebraska creating cul-de- sacs for street ourooses as listed and condemning and taking a 15 ft. easement for sewer purposes. (Laid over from January 17th) (See discussion above) Laid over to March 7th. (On February 16th Council agreed to lay over to March 21, 1989) 43. Resolution - 89-248 - Selecting five large organizations to continue with the aoolication process for charitable gambling endorsement in the City. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 44. Resolution - 89-249 - Aooroving application for the renewal of various Class III Licenses for persons listed. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 45. Resolution - 89-250 - Aooroving application for renewal of State Class A Gambling License applied for by the Catholic Parents Club located at 40B Main Street. No one aooeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 46. Resolution - 89-251 - Aooroving aoolication for renewal of Class A Gambling License applied for by the Holy Childhood Men's Club located at 408 Main Street. No one aooeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 77 - i February 14, 1989 47. Resolution - 89-252 - Approving application for State Class B Gamblingg License applied for by the North End Boxing Associationlocated at the North End Depot at 1638 Rice Street. Councilmember Rettman referred to No. 5 on today's agenda where there is possible adverse action against the North End Depot and she moved to deny' -this application and lay the other two related items over indefinitely. (benied) Adopted Yeas - 7 Nays - 0 48. Resolution - 89-253 - Approving aoolication for Class C Gambling Location License over 300 seats aoolied for by` Two D, Inc. (Donald Hpot Pres.) dba The North End Deoot located at 1638 Rice Street. (See discussion above) Laid over indefinitely. 49. Resolution - 89-254 - Approving aoolication for Gambling Manager's License aoolied for by Theodore Pelzer dba The North End Boxing Association located at the North End Depot at 1638 Rice'Street. (See discussion above) Laid over indefinitely. 50. Resolution - 89-255 - Approving aoolication. for the renewal of State Class C Gambling License aoolied for by the.Guadalupe Yo`uth.Council located at 40B:Maih Street. No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution Adooted - Yeas - 7 " Nays 0 51. Resolution -'89-256 - Approving request .by Tommy K's Inc. dba; Tommy K's ::located at 400 Selby (Tom Kozlik, Pres.) to extend On Sale Liquor and Restaurant License ,. service area to the atrium and mall area of the ,first floor, and directly E adjacent to the licensed area for ,March 17th between..1:00 P.M. and di00 A.M. j No one aooeared in 0000sition. Councilmemher Wilson moved troval of the resolution Adopted Yeas - 7 ',Nays 0. 52. Resolution 89-257 - Aooroving the transfer and activation. of On Sale Liquor. r License P& Grill Quinn Eckl located at 214 E. 46,Street- to Arnellia Allen dba Metro Bar 1 located at 450,N.;R6bert. No one appeared in opposition.. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays; '0 53. Resolution - 89-258: - Approving with_stioulation application for new On 'Sale Sunday Liquor, Entertainment and Restaurant Licenses apolie,d:for by Arnellia Allen dba'Metro Bar '& Grill located at.450 N. Robert. No one aopeared'in 0000sition:' Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays'- 0 54. Resolution - 89=259 - Approving the renewal of Off Sale Liquor and Class III Licenses held by First Grand. Avenue Liquors located at 918 Grand. No one aooeared in 0000sition. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 -78_ February 14, 1989 39. Resolution - 89-244 - Ratifying assessment for summary abatements property clean uo from mid-October through mid-December 1988. Steve Roy appeared requesting properties located at 429 Fry, 43 W. Sycamore and 896 Dayton all be laid over to the next assessment date and that Property at 1452 E. 7th be reduced to $225.00. Councilmember Wilson moved approval of the request. Adooted Yeas - 7 Nays - 0 Steve Roy presented his staff report for orooerty located at 818 Como and said their notification was returned with no forwarding address. Dennis Packet, owner of the orooerty at 818 Como, appeared and said he is disputing the manner in which this was held. He said he had no knowledge of the assessment and that he does get othermailat this address.' Upon question of Councilmember Dimond, Jane McPeak said this is definitely a defective notice and she suggested a common ground be met between the property owner and the City to oay the assessment as work was done by the City. Councilmember Dimondmoved a reduction of the assessment to $50:00. Mr. Pasket said although he will abide by the Council's decision he would like to see the assessment removed entirely. Councilmember Rettman moved that the assessment for summary abatement at 818 Como be removed. Adooted Yeas - 7 Nays - 0 Steve Roy ,Presented his staff reoort for orooerty located .at 698 Edmund. Eric Hegrenes, orooertyy owner, aooeared and explained he had rented out the property and the rubbish was from the renter. Councilmember Wilson stated theworkwas done by City staff and the owner was notified and he moved approval of the abatement. Adooted Yeas - 7 Nays - 0 Steve Roy presented his staff report for orooerty located at 714 E. Hawthorne. Jean Stinebaugh, orooerty owner, aooeared and said there is no quarrel the work garage was removed -but she did clean up the orooerty. She explained this is her elderly, mothers home who is now in a nursing home and they have been told the orooerty is not sellable in its oresent condition. Councilmember Wilson moved this address be laid over for the Housing staff to look at possible rehabilitation and upon their report then make a determination on how-to handle this assessment. Laid,over to the next summary abatement hearing. Steve Roy presented his staff report for orooerty located at 1619 Hubbard. Bill Jones, :orooerty owner, aooeared and explained how he purchased this "trash house" and in renovating it has trash to be picked uo on a weekly basis and he said he believes each time an inspector came to look at this Property the orevious trash had been hauled. Dave Zilski, rubbish hauler for Mr. Jones, aooeared and stated that trash and junk were Consistently being removed on a weekly basis. After discussion Councilmember Sonnen moved approval of the assessment. Councilmember Dimond said it's too bad it haooened but it is illegal to have trash out any length of time and that the City did clean up the property. Roll call' to ratify the assessment. Adooted Yeas - 7 Nays - 0 Steve Roy presented his staff'reoort for orooerty located at 136 W. Isabel. Alan Hofsteder aooeared representing American Credit Co., who is part owner of the orooerty. Ne said he doesn't disagree the work was done but that he never received any notice. Mr. Roy stated nothing was returned to their office. Upon question of Councilmember Rettman, Ms. McPeak stated that notice sent is notice received. Councilmember Rettman moved approval of the assessment. Roll call. Adooted Yeas - 7 Nays - 0 Steve Roy oresented his staff report for orooerty located at 786 Randolph. (Discussion continued on following Page) 79 - t, -80- February 14, 1989 (Discussion continued from orevious page) A member of the Summary Abatement Crew appeared and explained the length:of.time on this particular abatement, Phil ip;-Skarda,: orooerty:: owner, aooeared and said he cleaned uo.the. orooerty Y within two days of receivin9notice. Councilmember Scheibel said be feels there, should be a: charge because some -work was done. Councilmember..Dimond moved a- reduction:of,50_oercent of,the assessment. Councilmember Sonnen said she willnotsupport the motion. Roll call. Adooted Yeas - 5 Nays - 2,,(Sonnen/Wilson) Steve Roy presented his `staff reoort for;oroperty located.at, 1111-.Reaney. Mrs. Marrone, property: owner, aooeared and said she, is, in the, process of moving and submitted a change of address but inadvertently out down the wrong address, .'' the weeds cut down were actually ,her,strawberry. and .rasoberry bushes, and that J she has complied with other orevious citation. Mr. Roy stated the notice was returned to their office. Ms. McPeak stated this is a defective notice,. and.Councilmember Dimond said the defect was an error of the property owner. Ms. McPeak explained if the 'full amount of the assessment is imposed there could be sufficient reason to appeal the Court. _ Upon question of Councilmember Rettman, Mr. Roy said the :orevious citations .were for both the interior and exterior of .the house.. Councilmember Rettman said she doesn't see a defect in the standards and11 isinot convinced to grant any relief. Councilmember Rettman moved approval of the assessment with no reduction..- .- Roll call. `l Adopted Yeas - 6 - Nays.- 1 (Goswitz) Steve Roy oresented his staff reoort for orooerty located at 6B3-695 Sherburne. Dan Sooranza of Borgstrom Propertiesaooeired and stated they never received notification. Upon question of Councilmember Wilson, Mr'. Roy statednotice was sent out November 4, 1988 and the orooerty was cleaned up November. 17, 1988. _. Councilmember Wilson said it's clear the debris was there and cleaned u�o.and there is no other alternative but to go with the assessment. Roll call. Adooted Yeas - 7 Nays - 0 Upon question of Mr. Sporanza, Ms. McPeak stated he can -aopeal this action to. Steve Roy p y University, SteveRoy pr presented his staff report for property located at 272 W. " and stated there were five possible, owners to notify. He said work was done and that grass cut should not. have been done so there should be a $90.00 reduction in the assessment. A gentleman appeared on•behalf of his wifewho is one of the orooerty owners and said this orooerty belongs to her elderly mother. Mr. Roy stated this orooerty may be before Council -in the near future for demolition. Councilmember Wilson suggested laying this over to hear the condemnation hearing. Roxanne Flinck of the Assessments Office appeared and explained the "life state" e issue and that oeoole aren't assessed but orooerties are. :She said :if this i isn't paid before November it will automatically go on the taxes.- i Councilmember Wilson said under those circumstances he will move approval of assessment with a $90 reduction for grass cutting. H Roll call. - Adooted Yeas - 7 Nays - 0 j, (Discussion continued on following page) f i a. Councilmember Long left at this point in the meeting. -80- gr Ilk Fr 7 J �{+ , A 1 - February 14, 1989 (Discussion continued from orevious page) p LL Steve Roy presented his staff report for property located at 1063 Woodbridge. William Jones, property owner, aooeared and said he did clean uo some of the items and said the refrigerator was not his and was there by someone else. T1s put Councilmember Rettman moved that the assessment be ratified. Via? 1 n a Adopted Yeas - 6 Nayys - 0 Steve Roy it presented his staff report for property located at 860 Cook. David aooeared k Vetter, property owner, and requested the City to replace the garage they took down and he said he had secured it with large boards. C� ' Mr: Ro stated the garage: was not structurally sound. Councilmember Rettman said she has received many complaints on this garage as not structurally sound and an evaluation was made whether to board it uo or to take it down. Councilmember Rettman moved that the assessment stand. Roll call. v 1 Adopted Yeas - 6 Nays- 0 Councilmember Rettman moved approval of the resolution as amended above. Adopted Yeas - 6 Nays - 0 40. Resolution - 89-245 - Ratifying assessment for boarding uo of vacant buildings through October 1988. Steve Roy appeared and presented his staff report for Property located at 1558 P Blair. Marvin Nook aooeared and explained he tried to enter the property to board it uo 'but f as requested was not .able to enter the Property because the then owners xs would not let him in. Jane McPeak suggested Mr. Hook pay the assessment and then try to get reimbursed and she explained assessments go with Properties. Councilmember Sonnen moved that the fee tie waived. Councilmember Wilson spoke against the motion. Councilmember Scheibel said he would consider a reduction of the fee. Councilmember Sonnen amended her motion by reducing the fee 50 percent. Councilmember Dimond sooke against the motion. Roll call on the, 50 oercent reduction. Yeas - 3 (Goswitz/Scheibel/Sonnen) Nays - 3 (Rettman/Wilson/Dimond) Motion failed of adoption. Councilmember Dimond moved approval of the assessment. Roll call. Yeas - 3 Rettman/Wilson/Dimond) Nays - 3 (Goswitz/Scheibel/Sonnen) Motion failed of adoption. Councilmember Wilson moved to lay this assessment over to Thursday, February rfi^ 16th to be heard before the full Council for a determination. Roll call on the motion for a layover for Property at 1556 Blair. Adopted - Yeas 6 Nays 0 0fxr'4"�n - - Laid over to February 16th. Steve Roy his r� appeared and presented staff report for property located at 767 Butternut. �r x Ron Marshall, orooerty owner, aooeared and stated he bought the orooert after 9 y - 33 7 the work was done. Councilmember Dimond moved aooroval of the assessment. Roll call.- + Adooted Yeas - 6 Nays - 0 Couhcilmember Sonnen moved aooroval of the resolution a a ,r w as amended. Adopted Yeas - 6 Nays - 0 -81- 9 3 r { i February 14, 1989 41. Resolution - 89-246 - Ratifying assessment for boarding up of vacant buildings through November 1988. (See discussion above) Adopted Yeas - 6 Nays - 0 42. Resolution - 89-247 - Ratifying assessment for boarding up of vacant buildings through September 1988. (See discussion above) Adopted Yeas - 6 Nays - 0 Resolution - 89-153 Approving appointments by the Mayor of Joseph Boone, Arthur Gardner, Merle Harris, Mark McCrea, John Nakasone and Jann Peyer to: serve on the Set Aside Advisory Committee. Councilmember Wilson moved that the above resolution be recalled from the Finance Committee and referred to the Housing & Economic Development Committee. Adooted Yeas - 6 Nays - 0 Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ADJOURNED A 12:45 P.M. Council Presiclent ATTEST. Conies sent to Councilmembers�! Mimutes'approved by Council �&,h , y er ABO:omk I J 82 - 3 C �%✓i W a` � � fr;r A l 4 r { i February 14, 1989 41. Resolution - 89-246 - Ratifying assessment for boarding up of vacant buildings through November 1988. (See discussion above) Adopted Yeas - 6 Nays - 0 42. Resolution - 89-247 - Ratifying assessment for boarding up of vacant buildings through September 1988. (See discussion above) Adopted Yeas - 6 Nays - 0 Resolution - 89-153 Approving appointments by the Mayor of Joseph Boone, Arthur Gardner, Merle Harris, Mark McCrea, John Nakasone and Jann Peyer to: serve on the Set Aside Advisory Committee. Councilmember Wilson moved that the above resolution be recalled from the Finance Committee and referred to the Housing & Economic Development Committee. Adooted Yeas - 6 Nays - 0 Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ADJOURNED A 12:45 P.M. Council Presiclent ATTEST. Conies sent to Councilmembers�! Mimutes'approved by Council �&,h , y er ABO:omk I J 82 - MINUTES OF THE COUNCIL 9:00 A.M FEBRUARY 16, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 7 -.Councilmembers Dimond, Goswitz, Long, Reitman, Scheibel, Sonnen, Wilson Absent:- 0, MISCELLANEOUS 30. Presentation of Youth Volunteers of the Month for the month of February. Councilmembers Goswitz, Sonnen and Long recognized youth volunteers for the month of February. Councilmember Rettman noted that the Community and Human Services Committee did not finish yesterday and will continue on Thursday, February 23rd, j 31. Presentation of Central. Library renovation and expansion olans by Architectural Ij Consultants and Library Administration. Councilmember Scheibel stated -this is -a presentation today being made by staff and with no action requested at this time. } Kathy Stack, Director of Community Services, appeared and made some brief opening remarks. Judy Devine aooeared and presented extensive information on the Central Library and its history. David Smith, Consulting Librarian, aooeared and explained the or000sed reorganization of the present building versus a new structure and he explained their research process. Jeffrey Sherer, Consultant, aooeared and presented the or000sed future plans for the Library. Councilmembers Sonnen and Scheibel commended those working on this project. Filed (CC #13100) ORDIWWCES 1. Final Adoption - 89-147 - An ordinance repealing Chapter 50 of the Legislative Code in its entirety 'pertaining to registration of rental housing. (FOR ACTION) Councilmember Rettman moved approval of the ordinance. Councilmember Dimond noted this ordinance was started with the work of Eileen Weida and he stated a lot of effort and hard work went into it and it failed because of Door implementation. Adopted Yeas - 6 Nays - 1 (Sonnen) Ord. #17632 APPLICATIONS - COMMUNICATION 2. Aooeal of Gary Lassen to a Summary (Vehicle) Abatement Order for property located at 814 Sherburne. Councilmember Rettman moved a date of public hearing for February 28th. Adooted Yeas - 7 Nays - 0 - 83 - M February 16, 1989 3. Administrative Orders D-10091 through D-10102 were noted as on file in the City Clerk's Office. Upon request of Councilmember Rettman Administrative Order D-10092 was referred to the Finance Committee. Upon request of Councilmember Long Administrative Order D-10096 was referred to the Finance Committee. Later in the meeting Councilmember Dimond requested Administrative Order 0-10099 be referred to the Public Works Committee. COMMITTEE REPORTS 4. Resolution - 89-49 - Changing the rate of. pay for Building Code Officer from Grade 31, Section ID4 to Grade 32 of the. Professional Supervisory Standard Range in the Salary Plan and Rates of Compensation Resolution. (Second Reading & Adoption - Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 5. Resolution - 89-89.- Establishing the rate of pay for Community Liaison Officer in Grade 23, Section ID2 of the Technical Standard Ranges in the Salary Plan and Rates of Compensation Resolution. (Second Reading & Adoption - Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 1 Nays - 0 . 6. Resolution - 89-40 - Requesting Public Health Division to educate residents about radon and that information card and/or pamphlet be included in the next available water bill and .requesting Minnesota Pollution Control Agency to develop ,a program for radon testing in residential dwellings. (Housing & Economlc,Development, Committee recommends aooroval of substitute resolution - Laid over, from February 2nd), Councilmember Long distibruted an amendment to the substitute resolution striking the last resolve clause as it pertains to the truth in housing disclosure and he moved aooroval of the substitute resolution with amendment. Don Maietta of the Board of Realtors Association appeared in opposition to radon disclosure on truth in housing statements. Felicia Resick appeared in opposition to the disclosure of radon in truth in housing statement disclosures. Councilmember Rettman requested language in the third "whereas" clause.be amended and Councilmember Sonnen also requested an amendment and Councilmember Long accepted the amendments. Councilmember Wilson said he feels it's important for the State to fully examine this issue now in the legislature and said'the City can then decide steps to be taken. and he said he would prefer no action be taken on this resolution at all today..` . Councilmember Long spoke about his concern in getting accurate information to the public and said he sees no reason to lay this item over. Councilmember Scheibel said the Housing Committee fully reviewed this item. After considerable discussion Councilmember Long moved approval of the original resolution with amendments. Adopted Yeas - 7 Nays - 0 7. Resolution - 89-105 - Amending the 1984, 1985 and 1986 CIB budgets by transferring funding ($59,968.19) from project balances to finance the engineering casts of the design for Wabasha Bridge improvements. (Public Works - Committee recommends aooroval) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 -84- I February 16, 1989 8. Resolution - 89-152 - Amending the 1988 CIB budget by transferring $184,000 from Sheoard Road to the Dale Street right-of-way acquisition. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 9. Resolution - 89-107 - Approving continuation of the Process to consider consolidating the Fire Department Relief Association with the Public Employees Retirement Association Police and Fire Fund. (Finance Committee recommends aooroval as amended) Councilmember Long moved aooroval of the resolution with amendment and he referred to discussion held in Committee. Mr. Curran appeared and sooke in opposition to the resolution. Councilmember Rettman requested an amendment to obtain an actuarial study and Councilmember Long accepted that amendment. Roll call. Adopted Yeas - 6 Nays - 1 (Sonnen) 10. Resolution - 89-67 - Requesting the Charter Commission to review and recommend for adoption amendments to Sections 10.02, 10.03, 10.06, 10.08 and 10.09 of the City Charter pertaining to Budget and Financing. (Finance Committee recommends aooroval as amended) Councilmember Rettman moved approval of the resolution with amendment. Councilmember Long explained the proposal and amendment. Roll call. Adopted Yeas - 7 Nays - 0 11. Resolution - 89-158 - Authorizing orooer City officials to enter into an agreement with the State Department of Transportation to share construction costs for the sewer seoaration oroject constructed on Short Line Road between Lexington Parkway and Summit Avenue. (Public Works Committee recommends approval) Councilmember Goswitz moved aooroval of the resolution. Adooted Yeas- 7 Nays - 0 NEN BUSINESS - RESOLUTIONS 12. Resolution - 89-260 - Amending the 1989 budget by adding $59,519 to the Financing & Spending Plans for assessment service charge storm sewer construction. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 13. Resolution - 89-261 - Amending the 1989 budget by adding $50,000 to the Financing & Spending Plans for PED Operations Fund Home Tour, and designating ACT ION)ngerthal to solicit funding from February 1, 1989 to May 30, 1989. (FOR Roll call. Adopted Yeas - 7 Nays - 0 14. Resolution - 89-262 - Amending the 1989 budget by adding $830,617 to the Financing and Spending Plans for Public Works Engsneering Fund for City Recycling Program. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 15. Resolution - 89-263 - Amending the 1989 budget by adding $4,100 to the financing & Spending Plans for Police General Training for purchase of pistols. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. - 85 - February 16, 1989 16. Resolution - 89-264 - Amending the 1989 budget by transferring $4,100 from Police Special Projects Responsive Services to Police General Fund Training Unit for the ourchase of pistols. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 17. Resolution - 89-265 - Amending the 1989 budget by transferring $54,089 from General Government Accounts to Executive Administration -Housing Information Office Contribution. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 18. Resolution - 89-266 - Amending the 1989 budget by adding $54,089 to the Financing & Spending Plans for Housing Information Office Data Processing. (FOR REFERRALJO;THE FINANCE COMMITTEE) Referred to the Finance Committee. 19. Resolution -*89-155 Authorizing orooer City officials to return fees collected from various rental orooerty owners and rescinding C.F.,88-1004. (FOR ACTION - Laid over from January 31st) Councilmember Wilson moved approval of the resolution. Adopted ., Yeas - 6 Nays - 1 (sonnen) 20. Resolution,- 89-267 - Authorizing proper City officials to execute a three year. renewal lease agreement with Metilcote Grease and Oil Company for vacant land, located near Randolph, Webster and Erie for parking. (FOR ACTION) Upon request of Councilmember Sonnen, Ed Starr explained the terms of the.lease. Councilmember Sonnen requested this resolution.be referred to the Public Works Committee and Councilmember Rettman seconded that request. Referred to the Public Works,Committee. . 21. Resolution - 89-268,- Authorizing proper City officials to execute an agreement with the State Deoartment of Transportation for City's share of costs of roadway and storm sewer facilities constructed on Mississiooi River Blvd. and on Marshall_(T.H. 212) from N. Mississiooi River Blvd. to Otis Avenue. (FOR REFERRAL TO THE PUBLIC WORKS:COMMITTEE) Chris Nicosia of the Public Works Department appeared and requested this item be. acted on today because the bids have been awarded. Councilmembers Sonnen and Goswitz moved aooroval of the resolution. Adopted Yeas.- 7 Nays - 0 22. Resolution - 89-269 - Releasing easement rights originally retained by Public Works in vacated alley of Blk. 6, Lorena Park, Blk. 14,.Denslow's Rearrangement, and Blk. 4, Cruickshank's Garden Lots as vacated by C.F. 88-1399 bounded by Etna, Reaney, Birmingham and Minnehaha. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 23. Resolution - 89-270 - Approving landscaoe olan for construction of storm sewer in Wheelock Parkway from Woodbridge to Rice, and reconstructing the street in connection with the Albemarle/Nebraska Storm Sewer Project. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 24. Resolution - 89-271 - Authorizing payment of $7,000 to Mark Fischer from the Tort Liability Fund in full settlement of his claim. (FOR ACTION) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 -86- ., February 16, 1989 25. Resolution - 89-272 - Aooroving assessment for the Thomas Avenue Street Lighting Project from Snelling to Hamline, and setting date of public hearing for March 28, 1989. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE)' Councilmember Sonnen moved approval of the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 27. Resolution - 89-274 - Ordering the repair or demolition of property located at 1890 W. University Avenue. Steve Roy of the Health Division aooeared and said this property is now boarded up and he is requesting it either tie occupied or demolished within 30 days. The orooerty owner for 1890 W. University aooeared and said it is a substantial structure and he had it up for sale or lease with no prospects. He asked for either 60 or 120 days instead of the 30 days requested by City staff. Councilmember Sonnen said this building is very close to a nursing home and has much debris and weeds and she's had numerous phone calls on this building and she said she wants to see this property completely up to code within 90 days. Upon question of Councilmember Sclieibel, Mr. Roy stated if this property is sold within the 90 day period the new owner would be bound by this resolution. Councilmember Rettman said she has concerns with a 90 day extension because not only .does he need to find a buyer but the work also needs to be complete. No one else appeared. Councilmember Sonnen moved the repair or demolition within 90 days. Roll call. Adopted -Yeas - 7 Nays - 0 26. Resolution - 89-273 - Ordering the repair or demolition of property located at 194 W. Robie. (FOR ACTION) It was noted the owners are notoresent in the Council Chambers. Steve Roy aooeared and gave his staff reDort on this property and said this is a very dangerous building. He said he met with the owners two days ago who told him they have a possible buyer and he said he told them to be present today for this hearing and he said the soil is eroding away into the foundation. Councilmember Dimond moved the repair or demolition of this structure within 30 days. Roll call Adopted Yeas - 7 Nays - 0 28. Hearing to consider Combined Final Plat of Westgate Industrial Park by Port Authority for orooerty located north of Territorial Road, east of Berry and west of Eustis to create six parcels and new street. No one aooeared in 0000sition. Councilmember Sonnen moved aooroval of the Final Plat. Adopted Yeas - 7 Nays - 0 29. Hearing to consider increasing cigarette and vending machine license fees for 1989. No one appeared in 0000sition. Councilmember Sonnen said she has received one letter in 0000sition to increasing the fee and she said there is some disoute on the oolicy. There was some discussion and Councilmember Dimond moved aooroval of the increase in fees for cigarette and vending machine licenses. Roll call. Adopted Yeas - 6 (CC #13101) Nays - 1 (Sonnen) -87- February 16, 1989 ADDITIONAL ITER Resolution - 89-245 - Ratifying assessment for the boarding un of vacant buildings through October 1988 for Property located at 1558 Blair only. (Laid over from February 14th) Councilmember Long stated he has been briefed on discussion from last Tuesday's meeting onthis item, Upon question of Councilmember Long, Ed Starr said notice needs to be given to the record owner. Steve Roy of the Health Division appeared and Presented some background information on this item. Councilmember Scheibel stated one side of the opinion from Tuesday's meeting and Councilmember Rettman oresented the other side of the opinions stated. Councilmember Dimond moved to ratify the assessments. Adopted Yeas - 4 (Dimond/Long/Rettman/Wilson) Nays - 3 GpsWitz/SPnnen/Scheibel) Councilmember Sonnen referred to comments made by City Managers at a meeting with Tor Dahl and Councilmember Long said Mr. Strathmam is working on putting a meeting together between City Council and City Managers. CouncilmemberGoswitz referred to several Final Orders on Palace, Montana and Nebraska that were laid over three weeks on February 14th and he said because of Public Works Committee scheduling it is necessary to lay the orders over to March 21, 1989, and there was agreement to the March 21st date. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 11:20A.M. aunt President ATTEST: Copies sent to Councis 'I --T- y. �,,.✓/ Minutes approved by Council � —/3-8 9 i y e—Cl r cT-- ABO:Pmk —98— E 89 _ ` t 4 MINUTES OF THE COUNCIL 9:00 A.M FEBRUARY 21, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA r?.y3 The..,meeting was called to order by President Scheibel at 9:00 A.M. - " Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 ORDINANCES 1. Final Adoption - 88-621 - An ordinance amending Chapter 111 of the S. Administrative Code pertaining to Ethical Practices Board 'by changing the from Election Board to Ethical Practices Board. (Rules & Policy Committee recommends approval of, substitute ordinance.- Laid over from February 7th) Councilmember Sonoen said she and Councilmember Long have talked of the need for more discussion on this and the following related ordinance and upon request of Councilmember both ordinances were laid over two weeks to March 7th. Laid over, to March 7th. 2. Final Adootion - 88-623 - An ordinance amending Chapter 24 of the Administrative Code pertaining to code of ethics for City officials and employees. (Rules & Policy Committee recommends approval of substitute ordinance - Laid over from February 7th) (See discussion above) Laid over to March 7th. 3. First Reading - 89-275 - An ordinance amending Section 4.02 of the St. Paul City Charter to require the publication of City Council minutes in the official newspaper. (Charter Commission recommends aooroval - FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the. Rules & Policy Committee. 4. First Reading - 89-276,- An ordinance amending Section 6.07 of the St. Paul City Charter by deleting the requirement for publication of Council resolutions in the official newsoaoer. (Charter Commission recommends approval - FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 5. First Reading - 89-277 - An ordinance amending Section 8.05 of the St. Paul City Charter by deleting the requirement for publication of Council resolutions in . the official newsoaoer. (Charter Commission recommends aooroval - FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 6. First Reading - 89-278 - An ordinance amending Section 13.03.1 of the St. Paul City Charter by deleting the requirement for publication of Council resolutions in the official newsoaoer. (Charter Commission recommends aooroval - FOR REFERRAL TO THE RULES & POLICY COMMITTEE) m Referred to the Rules & Policy Committee. 7. First Reading - 89-279 - An ordinance amending Section 140.07 of the Legislative Code pertaining to insurance requirements for skyway advertising display fixtures. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) 89 _ ` t 4 a rt s4H t `7 RP February 21, 1989 ..f jzsK APPLICATIONS - COMMINICATION 1 8. Claim of John Allen, 183 Old 6th St. (Dorthy Day Center), filed February 9, "t 1989, was read. the City Office. k 'fix` Referred to Attorney's Claim of Robert Ames, 1309 S. 3rd St., Stillwater, MN, filed February 8, 1989, '. was read. Referred to the City Attorney's Office. Claim of Sheryl Antrim, 1277 N. Farrington, filed February 8, 1989, was read. Referred to the CityAttorney's Office.- -; Claim of Norbert Brinkhaus, 1675 Wanda, filed February 9, 1989, was read. Referred to the City Attorney's Office. ( - Claim of Eva Cohen (Linda Museus, attny.) filed February 8, 1989, was read. Referred to the City Attorney's Office. Claim of Eruin Deyo,1720 Burns Ave., filed February 9, 1989, was read. Referred to the City Attorney's Office. Claim of Robert Koppy,987 Roma, filed February 9, 1989, was read. 4 Referred to the City Attorney's Office. Claim of Medicine Lake Bus Company, 129 Cathlic St., filed February 8, 1989, was read. Referred to the City Attorney's Office. ; Claim of Bradley Quinnell , 334 Montrose Place, filed February 8, 1989, was read. Referred to the City Attorney's Office: ' Claim of James Thompson (Auto Owners Insurance), filed February 8, 1989, was read. Referred to the City Attorney's Office. 9. Administrative Orders D-10103 through D10110 were noted as on file in the City Clerk's Office. C"1TiEE REPORTS 10. Second Reading - 89-10 - An ordinance amending Chapter 91 of the Administrative nuisances by Code pertaining to procedures for public hearings regarding public establishing an average service level of police responses to private property at four in twelve month period and authorizing City Attorney to commence legal w action against theowner of private oroperty for unjust enrichment when police rr�Councilwithout resoonses exceed level. (Housing & Economic Development Committee refers to ' �gs x t3. recommendation) Councilmember Wilson explained Committee discussion and said he is recommending r passage of the ordinance. Deputy Chief John Sturner of the Police Department appeared and spoke in answered ' xt rti;,. _ agreement to comments made by Councilmember Wilson and he questions of Councilmembers. , has Councilmember Sonnen referred to concerns she and said she needs some x �y explanations to be clear on the implementation orocess. x F There was further discussion and Councilmember Rettman requested information on the aooeal orocess and City Attorney Ed Starr stated the appeal Process is from *' court'to court and not through the Council. Laid over to February 28th for Third Reading. a 90 - February 21, 1989 11. Resolution 89-156 - Approving load limit for the Selby Avenue Bridge over the Soo Line Railroad and Ayd Mill °Road and. directing Public Works Department to post bridge location. (Public Works Committee recommends approval) {s Councilmember Sonnen referred to language, in the resolution relating to the zl`':..`' bridge location. s Chris Nicosia of the Public Works staff appeared and. said the load limits for l the bridge is what will be posted. There was some discussion and agreement to amend language in the resolution from "location" to "limits". Roll call as amended. Adopted Yeas`- 7 Nays - 0 12. Resolution - 88-1794 - Requesting the Mayor to submit to Council in a timely fashion a written statement setting forth support or non-support of ordinances or resolutions and that said request not be construed as to limit powers conferred upon theMayor to aoorove or veto items. (Rules & Policy Committee recommends resolution be withdrawn) Councilmember Wilson referred to the Committee recommendation and he withdrew the resolution. Withdrawn j i 13. Second Reading - 89-88 - An ordinance amending Chanter 33 of the Administrative N Code pertaining to reimbursement for car expense. (Rules & PolicyCommittee recommends approval with amendment) r Laid over to'February 28th for Third Reading. j 14. Second Reading - 89-148 - An ordinance amending Chapter 5 of the Administrative Code to more clearly reflect current functions of the Valuations and Assessments Division. (Finance Committee' recommends approval) Laid over to February 28th for Third Reading. 15. Resolution - 89-150 - Amending the 1989 budget by adding $25,000 to the Financing & Spending Plans for Fire and Police Equipment Services Vehicle Maintenance.' (Finance Committee recommends approval with amendments for a $7,000 transfer) Councilmember Long explained amendments made in Committee and he moved aooroval of the amended resolution. Roll call. Adopted Yeas - 7 Nays - 0 16. Resolution 89-151 - Amending the 1989 budget by transferring '$12,200 from General Government Accounts to Executive Administration General Government Accounts for Heloing Hand Health Center. (Finance Committee recommends aooroval as amended for a $4,700 transfer) Councilmember Long explained amendments made in Committee and he moved aooroval of the amended resolution. Roll call. Adopted Yeas - 7 Nays - 0 17. Resolution - 89-214 - Authorizing expense not to exceed $2,000 from Legislative Operating funds for outside expert testimony, pertaining to public packaging ordinance. (Finance Committee submits to Council without recommendation) Councilmember long explained that the Committee recommended this resolution be withdrawn. - - Councilmember Rettman said she doesn't feel funds should come from the Legislative Operating Budget but rather in conjunction with the Public Works Department. Councilmember Dimond said a policy needs to be set for the Council Director. Withdrawn a 91 �x y - _ 1✓ k J L y r February 21, 1989 l NEW BUSINESS - RESOLUTIONS p 18. Resolution - 89-.280 Establishing the rate of Day for Grounds and Labor Supervisor -Board of Education in the Salary Plan and Rates of Compensation +}' r Resolution. (First Reading FOR ACTION) Laid over to February 28th for Second Reading & Adoption. r $? 19. Resolution - 89-281 -Establishing the rate of Day for Duplicating Equipment Ooerator in Grade 29, Section ID2 in the Salary Plan and Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 20. Resolution - 89-282 - Amending the 1989 _budget by transferring $102,000 to the Financing and Spending Plans for Japanese Garden Trust Fund and upon receipt of transfer 'adding $20,000 to the 1989 CIB Budget for JapaneseGarden ?ea House. (FOR ACTION) a Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 21. Resolution - 89-283 - Amending the 1989 budget by adding $1,518.83 to the Financing and Spending Plans for Parks & Recreation Grants Fund for Junior Royalty Program. (FOR REFERRAL TO THE COMMUNITY &'HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 22. Resolution - 89-284 - Amending the 1989 budget by transferring $29,060 from Contingent Reserve to Community Services - Recreation Center Programming. (FOR REFERRAL TO THE FINANCE COMMITTEE) y Referred to the Finance Committee. 23. Resolution - 89-285 - Amending the 1989 budget by transferring $131,584 within the Community Services Library. Division. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 24. Resolution - 89-286 - Amending the 1989 budget by transferring $33,000 from General Government Accounts Contingent Reserve to Planning & Economic Develooment PED Contribution for rental assistance. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 25. Resolution - 89-287 - ADoroving the appointments by the Mayor of Angela Burns, Joseph Kessel, Kaola Vang, Tim Balfani, Brian Gjerde, Maureen Connelly and Craig Aichele to serve on the Anti -Drug Task Force representing youth. (FOR ACTION) Councilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 26. Resolution - 89-288 - Approving the reappointments by the Mayor of Tom Dimond and Dru 0 terud to the Minneapolis/St. Paul Family Housing Fund Board. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-289 -Amending C.F. 88-1657 adopted October 13, 1988, pertaining to membership on the St. Paul Anti -Drug Task Farce. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 2 a. - 92 - 29. Resolution - 89-291 - Supporting legislation pertaining to solid waste control. ; (FOR ACTION - Legislative Committee recommends aooroval) Councilmember Rettman moved aooroval of the resolution. : Adopted Yeas - 7 1 Nays - 0 30. Resolution - 89-292 - Supporting the request of Metropolitan Council for land - banking for potential development of a new airport. (FOR ACTION - Legislative Committee recommends approval)' Cuncilmember Long explained Committee discussion and amendments and he moved a000roval of the resolution. Adooted Yeas - 7 Nays.- 0 € 31. Resolution - 89-293 - Supporting legislation relative to transoortation and transit orincioles. for 1989. FOR ACTION - Legislative Committee recommends aooroval )) Ro11 call. Adopted Yeas - 6 Nays - 1 (Rettman) — 32. Resolution - 89-294 --opposing "13th pay check" legislation pertaining to the Police and Fire oension programs. (Legislation Committee does not recommend aooroval ) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 1 (Goswitz) 33. Resolution, - 89-295 — Neither opposing or supporting the concent of increasing retiree reoresentation on relief associations' boards as or000sed in H.F. 9 and S.F. 269 and requesting legislation include a local aooroval clause for the City. (Legislative Committee submits to Council without recommendation) Councilmember Dimond explained.the concept of the resolution and spoke in support of the local aooroval clause. John Mercado aooeared representing -the retirees of the Police ReliefAssociation and sooke in suboort of the resolution. George Jurgenson aooeared and spoke in support of the resolution. Roll call. Adooted Yeas 7 Nays 1- 0 34. Resolution - 89-296 - Supporting request of State Department of Public Safety pertaining to Minnesota Automated Fingerprint Identification Network and urging ' Legislature to appropriate funding. (Legislation Committee recommends aooroval) Steve Proeschl of the Mayor's Office appeared and saidthis resolution is for uodatin88 the fingerprinting network. Ro11 call. Adopted Yeas - 7 Nays - 0 35. Resolution - 89-297 - Neither opposing or su000rting legislation set forth on police and fire relief association consolidation into PERA as or000sed in H.F. 11 and S.F. 268 and requesting a local approval clause for the City of St. Paul. (Legislation Committee submits to Council without recommendation) John Mercado aooeared and urged Council to adoot this resolution. Councilmember Long spoke in support of the resolution and he moved that it be door'oved. (Discussion continued on following nage) v - 93 - c 94 - A+ February 21, 1989 w (Discussion continued from previous page) Councilmember Dimond .said he feels the concept is good but he's not sure whether " council should recommend one way or: another. Councilmember Rettman stated she will vote against Councilmember Long's motion y vI i aft: for approval. Roll call on the motion for approval. Adopted Yeas- 4 (Dimond/Long/Scheibel/Wilson) Nays - 3 Goswitz/Rettman/Sonnen) 36. Resolution - 89-29B - Su000rting legislation allowing City Council the option to spouse of annually ggrant a permanent .increase in percentage uaid to surviving St. Paul Police Relief Association members until the benefit becomes '27.5% of a the maximum pay and supporting increase in state amortization aid payments to sc' the City of'St. Paul. (Legislation Committee recommends approval with amendment) Councilmember Rettman moved approval of the resolution. Adopted Yeas: - 7 Nays - 0 37. Resolution - 89-97 - Authorizing PED to develop and -implement a Job Impact Statement for all oroaa'ects involving City and Port Authority financing. (Laid over from rFebruary .7th) Councilmember Scheibel said, he"met with staff of PED, the Port Authority and the Chamber of Commerce and he referred to a draft outlined that all are ,in agreement to and he. went over some of the highlights of the draft that had been agreed on and he explained the amendments.' Rich Hadley appeared and sooke in support of the resolution with an amendment. Councilmember Wilson also' requested -an amendment to the resolution and after considerable discussion Councilmember Dimond moved approval of the resolution with amendments. Roll call Adopted Yeas - 7 Nays - 0 38. Resolution - 89-299 - Directingproper City officials to execute Lease Agreement with Naegele Outdoor Advertising, Inc. for a sign on property purchased by City Northern, Inca of -1-353E and north of ?Cayuga for storm from Burlington west water ponding.' (FOR ACTION) Upon request of Councilmember Dimond this resolution was referred to the Public Works Committee. 39. Resolution - 89-300 - Authorizing proper City officials to execute lease agreement between Soo Line Railroad for land adjacent to 265 Oneida for parking lot. (FOR ACTION) Councilmember Dimond raved approval of the resolution. Adopted Yeas - 7 Nays.- 0 40. Resolution - 89-301 - Affirming a decision by the Planning Commission which i denied the request of Century Companies for a Special 'Condition Use Permit to . establish gas station in conjuntion with a: convenience store and office building located on the vacant lot on the southwest corner of Ruth and Wilson., (FOR ACTION - Hearing held January 26th) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 41. Resolution - 89-230 - Ending negotiations with the State Human Rights Department Firefighter issue and instructing City and Stephen C000er over examination Attorney's Office to seek resolution of lawsuit through the Courts. (FOR ACTION y Laid over from February 14th) Councilmember Sonnen said she is disappointed in the handling of this k resolution. (Discussion continued on following page) c 94 - r$ ;, a ,.} y February 21, 1989 (Discussion continued from previous page) Councilmember Wilson said he is disappointed a resolve couldn't be made and said he can't identify issues that are not negotiable. Councilmember Scheibe] suggested the authors of the resolution withdraw it at J this ooint. Councilmember Long said the Council has acted in good faith and that there are some legal orincioalsJo.,be-resolved Councilmember Scheibel sa-id:;,the Mayor,,supPorts the test and will continue to su000rt it in court.' Councilmember, Sonnen said she, feels; there is a_need for this resolution and stated she is,a co-author orit and will not withdraw it. � rr - - Councilmember Dimond; moved that'; the, resolution, be withdrawn. yy �,q - Roll call. (( Adooted; Yeas, 5 Nays 2 (Goswitz/Sonneh) 42. Resolution - 89-146 - Reprimanding licenseholder,and managing employees of T.R. i Enterprises Inc. dba Ryan's Bar `Thomas R. Ryan, Pres.) located at 201 E. 4th Street !for.. violati.ans and.said, .reprimand to count; -,as First under .Aooearance,;., Section 40926(b),of,the;,Legislitive.Code., (Hearing held -February,9,th) . Councilmember Rettman moved aooroval of the resolution Adopted, " Yeas 7 Nays -. 0 43. Preliminary Order, - 89r240 .JJmproving St.i Clair between Dunlap and_Griggs-by, repairing existing bridge, and- settingzdate 6f1 public hearing for March ,21st.; (Laid over:from,February„14th).:: Councilmember Long. distributed;: and explained an -order;and•moved;it be, approved.. ; .i. ,amended 7 ;; r. -Peter White of the Valuation Engineer's Office appeared and said the,order; should be amended by changing the date of public hearing to March 28th,in,order,. to -prepare the proper notification. <va•� Roll call. Adopted .. Yeas rj Nays -,0 44. Resrj;olution' 897302; Approving assessment for 'installation of sanitary, sewer, a and sanitary service connections in Woodbury Street from' Winona; to Curtice, and setting date,of public hearing, for March:,28th., Councilmember Rettman t r, moved approval of the order. Adopted Yeas Nays - 0 l7 45. Resolution-- 89-303 - Approving ;,assessment;for improving Benson Avenue from 450 ft. east of Homer to Glen Terrace by gradingy, paving, constructing curb, gutter and storm sewer, and setting .date of ,public hearing for March 28th. Councilmember Rettman movedd-approval of the order. Adopted Yeas - 7 Nays - 0 46. Resolution 89-304 = Aooroving assessment, for grading and paving alleys in Bl k. 1 King's Arcade Park bounded by,Wheelock, Arcade, Sherwood and Walsh, and setting.date of public hearing .for, April 4th. Councilmember Rettman moved aooroval of the order. 7t Adopted .Yeas - 7 Nays - 0 14 , � rr - - a� t .. to 4,< yy �,q - _, ew aN M1 5 r •, _ February 21, 1989 PUBLIC HEARINGS,- - fr w r 47. Final Order -.89-115 Constructing water main and,water service -connections in y Wheelock Parkway from Edgemont Ito 170 ft east of Edgemont. (Laid over, from xf x� Januaryy 24th) Cooncilmember Goswitz moved that this and the following two related ;orders be `and laid over indefinitely for District Council to reviewmake j ,the recommendation. Adooted Yeas - 7 Nays - 0 Laid over indefinitely. gra 48. Final Order - 89-116 Constructing sanitary sewer and sewer service connections in Wheelock Parkway from Edgemont to 170 ft. east of Edgemont. (Laid over from } a ..d January -24th) (See discussion above) { k Laid over indefinitely!; z 49. Final Order - 89-117. -;Condemning -and taking a 20 ft. easement for sewer Y3. Blk. 1, Dawson's Addition. (Laid over from January l ourooses for oart'of Lot 24th) (See discussion above) Laid over indefinitely. 50. Final Order - 89-305 - Approving acquisition of easements for the Flandrau/Case k Area Storm Sewer Project. Leon Lesterfel appeared and said he is a property owner in the area located at White Bear -Avenue and Sims and he referred to a few questions he had oertaining to his clinic. Peter White stated he has met with Mr. Lesterfel and that he will continue to work with him. ` No one else aooeared. ti Roll call. Adooted Yeas - 7 Nays - 0 51. Final Order - 89-306 - Condemning and taking permanent easements for utility with the Albemarle/Nebraska Sewer Seoaration Project. purposes in conjunction Councilmember Rettman-said one of the easements goes through a structure and that there is on-going communication pertaining to that issue and she said we need to state the project will be complete by Thanksgiving. said he will need a workable building before Conrad Lewer appeared and Thanksgiving as he runs a Christmas tree business. ' Peter White stated he has met with Mr. Lewer on his concerns. he has conferred with the consultant and the :s Chris Nicosia aooeared and said deadline date of Thanksgiving is agreeable. Roll call on the order. Adooted Yeas - 7 Nays - 0 52. Final Order - 89-307 - Condemning and taking permanent utility easements in t conjunction with the Albemarle/Nebraska Storm Sewer Separation Project. h (See discussion above) Adooted Yeas - 7 Nays - 0 :a v Councilmember Dimond moved that the rules be suspended to consider a resolution Ytie r Vii: not on the agenda pertaining to water systems to be referred to the Public Works Of Committee. Roll call. r, Adooted Yeas - 7 Nays - 0 _96_ 1 `. MINUTES OF THE COUNCIL 9:00 A.M FEBRUARY 23, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE - SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present.- 5 - Councilmembers Dimond, GGSWit2, Long,; Rettman, Scheibel Absent 2 - Councilmembers Sonnen and Wilson (arrived at ooints during the ^i meeting) APPROVAL OF MINUTES 1. Approval of minutes for City Council meetings of January 20, 24 and 26, 1989-- Councilmember Long moved approval of the minutes. Adopted Yeas - 5 Nays --0 Councilmember Wilson arrived at this point in the meeting. �' '' -98_ ORDINANCES 2. , First Reading --89-308 - An ordinance amending Chapter e6 of the Administrative. Code pertaining to signing of contracts,: deeds, bonds and checks by providing that execution of any contract in the amount of '$50,000 or more by the Human ' Rights Director is not required when the person or entity the City is contracting with has five or less full-time employees. (FOR REFERRAL TO THE FINANCE. COMMITTEE) Councilmember Long requested that the readings continue on this ordinance as well as: being referred to the Finance Committee. Laid over to March 2nd for Second Reading. 3. First Reading - 89-309 - An ordinance amending Section 38.07 of, the Administrative Code oertaining.to payment of severance pay and allowing payment in lumo sum or annual installments. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred tot he Finance Committee. 4. First Reading - 89-310 - An ordinance amending Chanters 60 through 67 of the Legislative Code (zoning) oertaining to regulation of colleges, universities and seminaries. (FOR REFERRAL TO THE HOUSING& ECONOMIC DEVELOPMENT COMMITTEE - Planning Commission recommentls'aooroval) Referred to the Housing & Economic Deve oanent'Conmittee. APPLICATIONS - CONNUNICATION 5. Final report and recommendations from St. Paul Citizens Solid Waste Task Force. Karen Swenson of Council Research aooeared and introduced Mary Ayde and Debbie Meister,, Co -Chairs of the Task •Force, who appeared and presented their reports of the Solid Waste Task Force. Councilmember-Scheibel said there will be discussion on this report in the Public Works Committee and he commended all those who worked on it. ' — s Filed (CC #13106) a g" Councilmember Sonnen arrived at this point. �' '' -98_ �Y YJt T _ r r I February 23, 1989 COMMITTEE REPORTS 6. Second Reading - 88-1826 - An ordinance amending Chapter 411 of the Legislative ✓ Code pertaining to entertainment. (Community & Human Services Committee recommends approval of a substitute ordinance) Council member * Rettman moved aooroval of the substitute ordinance. Roll call. Adooted Yeas - 7 Nays - 0 Laid over to February 28th for Third Reading. Nr 7. Second Reading'- 89-1 - An ordinance amending Chapter 404 of the Legislative 41 Code Pertaining to Private Clubs and adding a nondiscrimination provision. (Community & Human Services Committee recommends aooroval) i 4 CouncilmemberRettmanrequested that all licenseholders be notified of this ordinance prior to the public hearing and it was noted that the City Clerk's ds Office and the License Division will coordinate that effort. Laid over to February 28th for Third Reading. 4,. 8. Resolution - 89-154 - Approving appointments by the Mayor of Sam Ciresi, Patricia Brand, John Flory and James Kowalski to serve on the Food and Nutrition Commission. (Community &, Human Services Committee recommends approval) Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS v 9. Resolution 89-.311 Approving Port Authority revenue bonds in the amount of $1,400,040 to finance the costs of acquiring properties in the Rice Street Urban Revitalization Action Program. (FOR REFERRAL TO THE HOUSING -& ECONOMIC DEVELOPMENT COMMITTEE) Council"member Wilson said the Housing & Economic Development Committee reviewed this yesterday and recommend aooroval and he moved approval of the resolution. Adooted Yeas - 7 Mays*- 0 10. Resolution - 89-312 - Releasing temporary easement at 496-502 Jackson in connection with the widening of Jackson Street acquired in 1965. (FOR ACTION) Councilmember Rettman moved approval of the resolution. r Adooted Yeas - 7 Nays - O 11. Resolution - 89-313 - Releasing City's interest in temporary construction easement for constructing public sewer in Lot 8, Blk. 20, Winter's Addition. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Ways - 0 In ,; 12. Resolution - 89-314 -Releasing slope easement in Bl k. 6, Scenic Hills on the ,XSPH north side of Burns at Burns and McKnight at the request of property owner. (FOR ACTION), Councilmember Long moved approval of the resolution ary tw -i Adooted Yeas - 7 Nays 0 �r fi 13 Resolution - 89-315 - Authorizing orooer City officials to execute an agreement granting $1,000 to the Summit Hill Association/District 16, Planning Council to uq stage the; Winter Family Festival to be held February 12th. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 -99- a February 23, 1989 14. Resolution - 89-316 - Suspending licenses held by the Pacific Garden located at and ratifying �) 338 St. Peter for 30 days with suspension stayed for six months reoort of the Administrative Law Judge with exceptions as stated. -(FOR 'ACTION - Hearing held February 14th) ;� Councilmember Long moved approval of the resolution. Adopted Yeas - 5 (Dimond/Goswitz/Long/Scheibel/Wilson) Nays - 2 (Sonnen/Rettman) 4ti 5% 15. Resolution - 89-317 -Aooroving assessment for improving AlamedaStreetfrom Area Street Paving Arlington to Nebraska io connection with the Hamline/Hewitt a and Lig9htingg Project, and setting date of Dublic hearing for April 4th: - why Alameda 'Street was included in the i Councilmember;.Sonnen questioned assessment for the Hamlin/.Hewitt project. Chris Nicosia of the Public Works Deoartment appeared and said he will check to :. make sure the language is correct: - Later in the meeting Peter White of the Valuation Engineers Office appeared and said in 1988 'Alameda. was an add-on street and he explained how Public Works combined it under one contract and he suggested deleting language in the Order ... { "in connection with the Hamlin/Hewitt Area StreetPavingand Lighting Project". he Councilmember Long m moved approval of this item as amended and also moved two Orders. 1 aooroval ofthe following related Roll call. Adooted Yeas - 7 Nays - 0 16. Resolution - 89.318 - Aooroving assessment and acquiring permanent utility easements in connection with the Syndicate/Fairmount Storm Sewer System Project, and setting date of public hearing for April 4th. (See discussion above.) Adooted Yeas - 7 Nays - 0 17. Resolution - 89-319 - Aooroving assessment for grading and paving the alley in » fiW Blk. 33, St. Anthony Park for the area bounded by Everett Court, Energy Park Drive, Tainter and 'Marsh Court, and, setting date of public hearing for April 4th. (See discussion above.) Rdooted Yeas - 7 Nays - 0 PUBLIC HEARINGS 18. Hearing to consider the petition by Bruce Nelson to rezone orooerty located at 1272-1276 S. Point Douglas Road from B-2 to R-1 and to Plata parcel to separate an existing commercial use from a residential use. No one appeared in opposition. r Councilmember Long moved approval of the rezoning. Adooted Yeas - 7 Nays - 0 ,-, 19. Hearing to consider the request by Big Four Productions, Inc; for a variance from the noise source limitations to host The World Series of Ribs at Harriet Island to raise money for the Minnesota Food Shelf. A s - `' '• No one aooeared-in oDoosltion. v Councilmember Rettman spoke on her concerns to the humaneness of the pig race. w - Councilmember Sonnen stated she has looked into this matter and said it is a RY legitimate race and the animals are not mistreated. the for - — Frank Staffenson of the Health Division appeared and explained request variance Upon request of Councilmember Lon ,Peter Kishel of the. Health Division appeared + _ and answered questions on the dbaHs. Councilmember Scheibel said this event is different from. the River Fest in the a length it will be held. (Discussion continued on following page) ,w $ - 100 - (Discussion continued :from orevious nage) Todd Vletkovich, representing Big Four Productions, Inc., appeared and said they are workin8 very closely with WESCO. Councilmember Sonnen referred to and read a letter from Jane Nelson who,is a resident in. the area; and she stated there are some neighbors who feel there is a conflict with WESCO on events: held at Harriet island. Peter Kishel said they notified residents within 200 ft. of the property as well as well as news, releases. Councilmember Scheibel;,recommended acting on this issue today. to include the promoters notifying people in the Bluff area. Councilmember Wilson said this is an excellentevent for the City. Mr. Vletkovich stated be will accept action of the Council. Frank Staffenson noted for the :record that there will be no additional personnel on site during the event because he does not ,have the staff nor overtime available in ;the,budget: There was some discussion on this issue and. it was, suggested the salary for City ppersonnel at the site be attached to events held. Mr. Vletkovich said they are a;for-profit organization and they would be open to, discussion on the City covering their food 'and health sites. After considerable discussion Councilmember Rettman, moved approval of the request for variance in accordance with staff recommendation and to. include discussion of including: inspector and fees, notification to the residents :of Cherokee Bluff with Proceeds to benefit the Minnesota Food Shelf. Roll call: Adooted Yeas — 7 Nays- .0 20. 'Resolution - 89-320 - Approving application for the renewal of State Class A Gambling License by The Shoo Pond Gang located at.1079 Rice Street. No one aooeared in opposition: Adopted Yeas - 7 Nays -,0' 21. Resolution -199-321,- Approving°acolication'for the renewal of _State Class A Gambling License aoolied for by St. Mary's Romanian. Orthodox Ladies Auxiliary located at 1494.N. Oale: No one appeared in opposition. Councilmember Rettman moved approval of the resolution. Adooted Yeas - 7 ; Nays - p 22. Resolution - 89-322 - Approving application for the renewal of various Class III licenses as listed. _ No one appeared in opposition. Roll call` Adopted Yeas 7 Nays 0 Councilmember Long stated Lucy Mitchell of the Police Department is oresent today and that there are three resolutions to .be adooted in financing for the oosition of criminologists. Lucy Mitchell appeared and said they have received some state funding. and she explained their situation and requested adootion of the:, resolutions -.today.. Councilmember Long moved suspension of the rules to consider these resolutions. Roll call.11 Adooted Yeas - 6 Nays,- 1:(Sonnen) Resolution - 89-346 - Amendingg the 1989 budget by adding $24,940 to the Financing and Spending Plans for Police Special Projects -.Narcotics Control Grant- Crime Laboratory. Council member, -Rettman;exoressed, concerns on two of the resolutions and said ehe would like to have them referred to Committee, and Ms. Mitchell explained,this is the second year they have received the grant.. (Discussion continued on following page) - 101 - S February 23, 1989 (Discussion continued :from orevious nage) Todd Vletkovich, representing Big Four Productions, Inc., appeared and said they are workin8 very closely with WESCO. Councilmember Sonnen referred to and read a letter from Jane Nelson who,is a resident in. the area; and she stated there are some neighbors who feel there is a conflict with WESCO on events: held at Harriet island. Peter Kishel said they notified residents within 200 ft. of the property as well as well as news, releases. Councilmember Scheibel;,recommended acting on this issue today. to include the promoters notifying people in the Bluff area. Councilmember Wilson said this is an excellentevent for the City. Mr. Vletkovich stated be will accept action of the Council. Frank Staffenson noted for the :record that there will be no additional personnel on site during the event because he does not ,have the staff nor overtime available in ;the,budget: There was some discussion on this issue and. it was, suggested the salary for City ppersonnel at the site be attached to events held. Mr. Vletkovich said they are a;for-profit organization and they would be open to, discussion on the City covering their food 'and health sites. After considerable discussion Councilmember Rettman, moved approval of the request for variance in accordance with staff recommendation and to. include discussion of including: inspector and fees, notification to the residents :of Cherokee Bluff with Proceeds to benefit the Minnesota Food Shelf. Roll call: Adooted Yeas — 7 Nays- .0 20. 'Resolution - 89-320 - Approving application for the renewal of State Class A Gambling License by The Shoo Pond Gang located at.1079 Rice Street. No one aooeared in opposition: Adopted Yeas - 7 Nays -,0' 21. Resolution -199-321,- Approving°acolication'for the renewal of _State Class A Gambling License aoolied for by St. Mary's Romanian. Orthodox Ladies Auxiliary located at 1494.N. Oale: No one appeared in opposition. Councilmember Rettman moved approval of the resolution. Adooted Yeas - 7 ; Nays - p 22. Resolution - 89-322 - Approving application for the renewal of various Class III licenses as listed. _ No one appeared in opposition. Roll call` Adopted Yeas 7 Nays 0 Councilmember Long stated Lucy Mitchell of the Police Department is oresent today and that there are three resolutions to .be adooted in financing for the oosition of criminologists. Lucy Mitchell appeared and said they have received some state funding. and she explained their situation and requested adootion of the:, resolutions -.today.. Councilmember Long moved suspension of the rules to consider these resolutions. Roll call.11 Adooted Yeas - 6 Nays,- 1:(Sonnen) Resolution - 89-346 - Amendingg the 1989 budget by adding $24,940 to the Financing and Spending Plans for Police Special Projects -.Narcotics Control Grant- Crime Laboratory. Council member, -Rettman;exoressed, concerns on two of the resolutions and said ehe would like to have them referred to Committee, and Ms. Mitchell explained,this is the second year they have received the grant.. (Discussion continued on following page) - 101 - February 23, 1989 (Discussion continued from previous page) Councilmember Long suggested acting on all three resolutions today but sending a strong message .we won't take these items under suspension again. Councilmember Sonnen moved that all three resolutions be referred to Committee. ;t She said there were intensive budget meetings held and during that cycle she heard nothing of the needs referred to today. 4 Councilmember Wilson said although he appreciates the issues raised by ' 1 Councilmember Sonnen we need to act affirmatively today and he spoke in favor of v adooting the resolutions. psi wT+ ` Councilmember Long moved approval of this and the following related two w r'•f`zh'w,a resolutions. Roll call.. Adooted, Yeas - 6 Nays - 1 (Sonnen) ` Resolution - 89-347 - Amending the 1989 budget by adding $5,205 to the Financing and Spending Plans for Police Department Narcotics Control Program -Crime x Laboratory Grant. 4i S 3 (See discussion above) i AdoptedYeas - 6 Nays - 1 (Sonnen) r, Resolution 89-348 - Amending the 1989 budget by adding $32,358 to the Financing & Spending Plan- Police Crime Laboratory -Criminalist I. (Seediscussion above) Adopted _ v Yeas - 6 Nays - 1 (Sonnen) ` an At this time the Council recessed and reconvened at 10:30 A.M. x 23. Resolution 89-323 9 Aooroving activities and financing for the second cycle x r Urban Revitalization Action _Program. z' Anne Copeland, Executive Director of the Midway Civic and Commerce Association, x, appeared and urged full funding for the Market Place project. Councilmember Wilson stated this resolution was reviewed by the Housing & Economic Develooment Committee yesterday, and that the Market Place Project received unanimous approval and he commended staff for their work. i Bob .Hammer, PED staff Berson, aooearedand said they, arejust about through the second cycle of the URAP and he referred to the Mayor's report and recommendation. Councilmember Wilson explained the CIB Committee and the Mayor's recommendation ti and said the Committee supported the Mayor's recommendation. Councilmember Dimond sooke in su000rt of the CIB Committee recommendation. Jim Terrell of the Port Authority appeared and said their Board took positive 7s.. action on the United Orients oroject and he explained the businesses to be involved and he stated that Port Authority financing at thispoint has not be requested. Mr. Terrell also stated at the end of their negotiations is when they became aware of the Market Place project. Ms. Sonnen said she feels the conceot'of linking the United Orients oroject and s 3 + the Market Place oroject-is a misconception and she said we should go on a case- s by -case basis, t Upon question of Councilmember Long, Mr. Terrell said they have no signed 4g contract nor any time limit and they are continuing to work with the businesses. Councilmember Dimond said we need to look at market concepts and if there are j good conceots we should Mace the business in a location already available. Kim Long, owner of Kim Long's Restaurant, aooeared and spoke on the conditions of the neighborhood as it relates to his business and he said that area needs to be cleaned uo and he said people live in fear and cannot afford to move. Councilmember Wilson commended Mr. Long for appearing today and said he has run a very fine business for many years. Alma Joseph, Chair of the District 8 Planning Council, aooeared and said there ( are Droblems all over the City and that the URAP is for neighborhoods to improve themselves and she answered questions of Council members. ` l (Discussion continued on following page) - 102 - 1. v. ��''�=y '��a'=� Yom. univer�i �y Mvanue, UuueareU dnU re Terrey TO tenants for the vacant property available at the otd Harmon Glass site plus the adjoining vacant land available. He said there is a lot of communitysu000rt for the Market Place project and it is not just a Southeast Asian oroject and he said it should be fully funded. Ken Jones, owner of .Q -Pit Bar -B -Q Restaurant, aooeared and spoke of the deterioration of the neighborhood and he said he wants his business to be successful and he said he feels there will be more minorities in the Market Place oroject other than Southeast, Asians. Brian Miller aooeared and said he owns a business on the West Side 'and asked Council to look beyond the URAP funding. He said he realizes all the orojects can't be funded out'he re Tested Council to look at other resources :avaiIable. Sharon Voyda of District 6 aooeared and said the URAP is very imoortant to.her neighborhood,and that URAP gives communities oride and.hope and she referred to comments made by Mrs. Johnson in her area. A reoresentative of the East Side Neighborhood Develooment Corporation aooeared and urged full-funding.of the oroject and said he feels the process was fair. Linda Hirte of Dayton's Bluff aooeared on behalf of their Board and requested. su000rt of their-oroject. Suzanne Joseoh of'the NHS appeared and urged funding of orojects. John Madsen aooeared and said he owns a business on Payne Avenue and urged Council to approve the funding in his area. Ron Wagner aooeared and sooke on the Lower Bluff revitalization and said it is critical to 66t 'a commitment from the City for some level of fundinH. Greg Osage aooeared reoresenting the Payne Avenue Business Association and said they need funding to keep going. Mark Miesen of the Payne/Arcade Business Association aooeared and spoke .in su000rt of full funding for the'URAP oroject. Charles Stander, 693 York, aooeared and spoke on the residential Plans for the area of Payne : and Arcade. Tom Gmeinder, Chair of the, CIB Committee, aooeared and exolained their process and answered various questions of Councilmembers. He said the CIB Committee makes their recommendation to the Council and that the Council needs to take' final action. Councilmember Sonnen commended Mr. Gmeinder and she stated she needs to leave for another meeting but she would voteto approve'recommendations of the CIB Committee. Councilmember Sonnen left the meeting at this point. Councilmember Long moved approval of the Market Square and North East Partnership II orojects and to lay over the other two for two weeks to determine if HRA funding is available. Councilmember Wilson moved to aoorove the Committee recommendation. Councilmember Rettman said we need to stand united as a Council and she sooke in favor of Councilmember Wilson's recommendation. Councitmember. Long said he will vote against Councilmember Wilson's motion because of major conflicts between recommendations of the CIB Committee and the Mayor and hesaidhe would rather they be laid over for one week. Councilmember Wilson said staff is already looking at funding for oroject No. 4. Councilmember Scheibel spoke in su000rt of the first three projects and he asked staff to continue working' with the other orojects. Councilmember Dimond moved to amend the motion allocating $400,000 to the Dayton's Bluff oroject. (Discussion continued on following page) - 103 - 1 104 yY� I 5K� s February 23, 1989 .(Discussion continued from orevious nage) There was some discussion and Councilmember Long said he was comfortable with the commitment to follow through on other orojects and Councilmember Wilson said the HRA will;reoort to Council on funding available. ° r After that discussion Councilmember Dimond withdrew his amendment. Roll the to Committee F call an motion an rove the recommendation for funding rhy three projects. Adootea Yeas- 6 Nays - 0 Councilmember Wilson requested that the rules besuspended to consider an item noton the agenda pertaining to St. Paul's Sister City with Lawaaikaino, South Africa. ^- Councilmember Long moved that the rules be suspended. Roll call; Adopted Yeas - 6Nays - 0 �r Resolution - 89-349 -Renewing commitments made to the community of Lawaaikamo,, " commending communities and organizations who contributed to this relationshi,o; " l and recognizioy church services on February 26, 1989 and declaring February' 26, 1989 as Lawaaikamo Support Day':' Roll call. Adopted Yeas - 6 Nays - 0 The meeting was thereupon adjourned. ADJ0URNED'AT 12:35P.M. c council President ATTEST: Cooies sent to Councilmembers 5/vr -P9 Minutes an by Council V-/3- P4 -MyyCe ABO:pmk i y 1 104 MINUTES OF THE COUNCIL = 5 9:00 A.M FEBRUARY 28i 1989 I* COUNCIL CHAMBERS - CITY HALL &'COURT HOUSE f. i r� SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 7 - Councilmembers Dimond, GDsWitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 ' APPLICATIONS - COMMUNICATION 1. Report of Highwood Task Force with recommendations for their neighborhood. Councilmember Dimond said a tremendous amount of time and work has gone into this report and he thanked all the task force members and others who worked on it. Bob Johnson, President of the District 1 Community Council, presented a brief background of the task force and he said City staff was very lieloful throughout this report. Later in the meeting Mr. Johnson appeared again and referred to amendments made to ttie report relative to the increase in lot size, tree protection and landscaoeolan. Dan McGinnis, Chair of the Task Force Land Committee, appeared and oresented his oersdnal background. He explained thecharge to the Task Force and presented an overview of the report and said it has the full support of the neighborhood. Louncilmember Scheibel noted this report will be referred to the Housing & Economic Develooment for review and recommendation. Upon question of Councilmember Goswitz, Mr. McGinnis said they tested water at eight sites. Referred to the Housing & Economic Development Committee. (CC #13107) 2. Letter of the Valuation Engineer's Office recommending a date of public hearing for March 30, 1989 to consider the petition of Ruth Thompson for the vacation of alleys in Blk. 5, Merrill's Addn. of Rice Street Villas bounded by Wheelock Parkway, Rice, W. Iowa and Park Street to construct a retail shopping center. Councilmember Rettman said she will give the City Clerk's Office a list of people to be notified of the public hearing and she moved approval of the date of hearing for March 30, 1989. Roll call. Adopted Yeas - 7 Nays - 0 3.' Letter of the Mayor's Office announcing a vacancy on the Metropolitan Aircraft Sound Abatement Council. Filed (CC #13108) NEN BUSINESS - RESOLUTIONS — - 4. Resolution-- 89-280 - Establishing the rate of Day for Grounds and Labor Suoervisor - Board of Education in the Solar Plan and Rates of Compensation Resolution. (FOR ACTION a - Second Reading & Adootion) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 reuruary 5. Resolution - 89-324 - Aooroving the appointment by the Mayor of Robert Kessler to serve as the Citizen Service Program Director: (FOR ACTION) Councilmember Long moved aoororval of the resolution A4 v Adopted Yeas 7 Nays - 0 6. Resolution - 89-325 Aoorovingg the appointments by the Mayor of Cynthia Rowe %` 1 Carlson and Christooher L. Miller to serve as members of the Anti' Drug Task a a, Force. (FOR ACTION) Councilmember Rettman moved aoororval of the resolution. iA 3 Adopted Yeas - 7 Nays - 0 w " 7. Resolution - 89-326 —Aooroving the appointment by . (FOR Police HE p Robert Fletcher to serve -on the Anti Drug Task Force. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Councilmember Rettman moved aoororval of the resolution. I Adooted Yeas - 7 Nays 0 8. Resolution'- 89-327 - Aooroving the appointment by the Mayor of Ron Ankeny to serve on the Board of Appeals and Review for the Housing, Buildiand Fire ng Prevention Codes. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Develoanent Committee. 9. Resolution - 89-326 - Appointing Thomas Hughes as special Drosecuter to represent Police Officer Charles Lutchen at $95.00 per hour. (FOR ACTION) wjr Councilmember Rettman moved aoororval of the resolution. Adopted Yeas - 7 Nays - 0 i Y 10. Resolution _ 89-329 - Authorizing proper City officials to enter into a Lease 5 a Agreement with Mill street Investments Partnership for rental space at Hill Street Warehouse located at 450 Hill Street. (FOR ACTION) Councilmember Long moved aoororval of the resolution. Adopted . Yeas - 7 Nays - 0 11. Resolution - 89-330 - Aooroving olans for construction of T.H. 35E, and T.H. 94 from Marion to Robert Streets including bridges and requiring all oarking'to be parallel with 'curb adjacent to highwayy and 20 ft. from crosswalks on public streets intersecting highway. (FOR ACTION) Upon request of Councilmember Long, Chris Nicosia of the Public Works Department appeared and requested this resolution be referred to the Public Works Committee for discussion and review. Referred to the Public Works Committee. 12. Resolution - 89-331 - Aooroving' plans for road improvements on T.H. 51 (Snelling from Dayton to Concordia and Marshall from Fry to "600 ft: east of Snelling) in conjunction with the replacement of the Soo _Line Railroad Bridge and request oarking of vehicles to be parallel with the curb adjacent to the highway and 20 x` ft. from any crosswalks on streets intersecting highway. (FOR ACTION) Dan Dunford of the Public Works Deoartment aooeared and said they are recommending aooroval of this resolution and he said it was in Committee'last $ week. He said since that time other amendments have been considered pertaining to the green lanterns on Marshall to be taken out of the contract with the City to build the lights in 1990 under its own.contract. Councilmember Sonnen said she was not aware of this project nor of the problem with the green lantern and she said she has concerns with deleting it from the contract. Councilmember Rettman stated there was resolve in Committee and she was not aware of the amendments being referred to today. # Councilmember Dimond further exolained Committee discussion. 3 , (Discussion continued on following page) ,f - 106 - -107- February 28,`1989' r (Discussion 'continued from Previous page) Mr. Dunford aooeared and clarified 'the position' of the GIB Committee and his recomnendatioos. Councilmember Goswitz in 3< spoke support of adopting the resolution today. Councilmember Wilson spoke in favor of sending this resolution back to Committee to'sort out-the'issues. - Councilmember Dimond moved aooroval of the resolution' with the Committee recommendation pertaining to green lantern lighting on Marshall Avenue. Councilmember Long moved the resolution' he referred back to Committee and also be laid over to March 9, 1989. Roll call on the motion by Councilmember t Long. Adopted Yeas`- 7 Nays -"0 " Referred to the Public Works Committee andlaid over to March 9th. 13. Resolution - B9-332 Aooroving'applications for funding from the Youth Athletic ...^' and Sports Fund for the Linwood 860ster Club' and the Royal Guard Drum and Bugle Corns and authorizing proper City officials to execute necessary agreements. (FOk and - i Wilson approval'of the resolution. do ted Adopted Yeas'- 7 Nays - 0 14. Resolution - 89-333 - Endorsing the concept 'of'a St. Paul' Youth Service Corps and supporting the National Youth Leadership Council in its request to the state legislature' orprogram funding. (FOR ACTION)' Councilmember Wilson moved aooroval of the resolution. Adopted 'Yeas - 7 Nays - 0 15. Preliminary Order - 89-334 - Condemning and taking permanent utility easements 'Soo under and. across Line Plat No 4 in conjunction with the Jackson/Magnolia Storm Sewer Separation Project, and setting date of Public hearing for April' 4th. Councilmember Rettman moved aooroval of the order. AdoptedYeas - 7 Nays - 0 - PUBLIC'HEARINGS 16. Third' Reading - 88-1826 -'An ordinance amending Chapter 411 of the Legislative Code pertaining to entertainment. (Community & Human Services Committee L recommends aooroval of a'substitute ordinance) No one appeared in 0000sition: Laid over to March 7th for Final Adoption. 17. Third Reading - 89-1 - An ordinance amending Chapter 404 of the Legislative Code pertaining to Private Clubs and adding.; a. nondiscrimination provision. Com munity y& Human Services Committee recommends approval) ounc.ilmember Rettman "stated she sent out a letter of notification of this heartA today and she said because it was mailed just a few days ago she would like the.oublic hearing to be continued to Final Adoption. - A ar gentlemanaooeed who.said he resides at 1728 N. Abell and that he is oresent y ' today representing the Eagles. Jane MCPeak'explained the ordinance discrimination } , on as it oertains to joining a private club: After considerable discussion there was agreement that this public hearing would be contin'u'ed at Final Adoption: Laid over to March 7th for Final-Adoption and continued public hearing. rp; -107- February 28, 1989 18. Third Reading - 89-10 - An ordinance amending Chaoter 91 of the Administrative Code pertaining to procedures for public hearings regarding public nuisances by establishing an average service level of police responses to private property at ? four in twelve month oeriod and authorizing City Attorney to commence legal action against the owner of private orooerty for unjust enrichment when police p resoonses exceed level. (Housing & Economic Development Committee refers to ? r Council without recommendation) Councilmember Sonnen said she has sooken with Ed Starr who said the intent of R F this ordinance is to cover all properties. r4,;a { w Councilmember Wilson said if Council wished he would accept this ordinance as 12 i t residential structures only but that we need to look beyond just residential. nl r : Councilmember Dimond spoke in favor of leaving the ordinance as u. Councilmember Sonnen said she was in favor or leaving the language to cover all Drooerties but she still has,concerns with the overall ordinance. Rick Igo, 302 Summit, aooeared and said he feels this ordinance is aimed at the he explained his. situation and said he is +' low income areas and landlords and $ f " working with the Police and Narcotics Division. Wilson this ordinance is not directed at any one Councilmember stated he said this ordinance neigghborhood.as it is a city-wide Droblem and gives a limited amount of authority. oolice and,landlords Councilmember Dimond said he and Councilmember Rettman met with members of the Minneapolis City Council to see how their City deals with the same problems. Upon question of Councilmembers, Ms. McPeak said this ordinance relative to apartment complexes applies not to one unit but the entire complex and she r clarified it further.by'saying it applies to an address. - Councilmember Wilson suggested then that the City.Attdrney's Office should draft a more specified ordinance to that effect. a Councilmember Scheibel said it will be UD to the Police Department to bring these matters -before Council and the intent is not to harass property owners. x Councilmember Wilson said he agrees with Councilmember Scheibel and he said this intent be is a, very important piece of legislation. and because the needs- to he the City Attorney's Office to make a draft with the clear, requested correction. Councilmember Rettman said she would not support the change but she is comfortable with the ordinance as it is. Councilmember Sonnen said the intent of the ordinance is very good and she feels we were on the right track with absentee landlord registration. Councilmember Long sooke in support of the ordinance as it is. Councilmember Wilson said if Council is comfortable with the ordinance as it is he will accept it too and he thanked Councilmember Sonnen for her comments. w. Councilmembers Dimond and Goswitz spoke in support of the ordinance before us today. No one else appeared. Laid over to March 7th for Final Adoption.. 19. Third Reading - 89-88 - An ordinance amending Chapter 33 of the Administrative Code pertaining to reimbursement for car expense. (Rules & Policy Committee l s€� recommends aooroval with amendment) kii No one aooeared in opposition. Councilmember Long referred to the amendment and explained it is a technical R change adding the language "or Office Director" and he moved aooroval of the ti c ordinance as amended. Roll call. Adapted Yeas.- 7 Nays - 0 k } Laid over to March 7th for Final Adoption. 20. Third Reading - 89-148 - An ordinance amending Chapter 5 of the Administrative i Code to more clearly reflect current functions of the Valuations and Assessments r Division. (Finance. Committee recommends aooroval) F{1 No one aooeared in 0000sition. Laid over to March 7th for Final Adoption. i - 108 - I SCS. .J 'Tfr f February 28, 1989 x" x 22. Resolution - 89-336 - Ordering the repair or demolition of orooerty located at 110 Manitoba. (FOR ACTION) 4I ? ij X41 . It was noted the owner, was not oresent in the Council Chambers today. Steve Roy appeared and presented his staff y ', ,, .repot and he said he had talked with the orooerty owner and he is recommending the property either be repaired or demolished within thirty days. r + j No one appeared in 0000sition. Councilmember Rettmao said the owners are r :x aware of the 30 day recommendation and she moved approval of the resolution. Roll call. .. Adooted 1 Yeas - 7 Nays 0 •'+ 21. Resolution 89-335 - Ordering the repair or demolition of Propetylorated at 918 Farrington. (FOR ACTION) t Steve Roy appeared and .presented his staff report and he said the owner has been given numerous notices and the work is not cpmolete. Mr. Jackson appeared on behalf of the owner and he said the owner is present today but, doesn't understand English very well. Mr. Jackson said the owner has had the property for a few years and is in the process of applying for a City low-income loan and he urged Council to allow the owner to•stay and continue working on the home. Upon question of Council, Mr. Roy explained the assessing costs against properties. Councilmember Rettman noted the Property is ran -owner occupied. Terri Sprangle, District 6 NPP Organizer, appeared and _said -she has contacted the owner at various times but didn't receive a god response and she said the home, would takemore money to repair than what the orogram can give to rehab it. Kellie Darwin appeared and said lives k she next door to the orooerty and she explained the many nuisances she's experienced because of this structure. Councilmember Rettman said numerous x .,� commitments have been made on the ;oart of the owner but nothing has ever been accomplished and she said it impacts the neighborhood neighborhood significantly. She said this is a god neighborhood and 30 feels "she or demolish the structure is sufficient and she moved aooroval of the resolution. Councilmember Dimond spoke in strong support Roll call. of the motion. Adooted Yeas - 7 Nays - 0 23, Resolution - 89-337 - Ordering the repair or demolition of property located at 896 Marshall. (FOR ACTION) It was noted that the orooerty owner was not present in the Council Chambers today. teve Roy appeared and Presented his staff reort and said his recommendation is Sfor ure to or lofhed Councthe s. ilmember Wii Wilson oke ind supd t staff withrecom enin 30 dation and he moved " aooroval of the resolution. Ro11 call. Adootedtda s _ 0 Yeas - 7 y 24. Hearing to consider the appeal of Gary Lassen to a summary abatement order located 4 for eard StevecRoy ,,3 r i l apoearetlpresented staff breoot and he explained this is not being appealed by the orooerty owner but by the occupant. Gary Lassen aooeared and' said the vehicle is repairable and he requested an extension of 30 days because of the weather to remove it from the orooerty. Steve Roy stated he would agree to a two week extension. Councilmember Wilson said eis inclined togawith a one week extension but will move to deny the appeal with two weekstocomplete the work. Adooted, Yeas - 7 Nays - 0 - 109 - e February 28, 1989 25. Final Order - 89-338 - Condemning and taking an easement in land necessary for the slopes, cuts and fills including right of removal of lateral support from landoccasioned by excavations or construction in the grading and paving of the alley in Blk. 1, Clarke's 2nd Addition and Blk. 2 Dawson's 5th Addition. (Public Works Committee recommends approval) 0 one appeared in 0000sition. Councilmember Long moved approval of the order. Adopted Yeas - 7 1 Nays - 0 26. Final Order'- 89-339 - Grading and pairing alley in Blk. 1, Clarke's 2nd Addn. and Blk. 2, Dawson's 5th Add%. bounded by Wheelock, Laroenteur, Westminster and Edgemont. (Public Works Committee recmpends aooroval) No one aooeared in 0000sition: Councilmember Rettman referred to a letter she received from Mr. Kennedy who is a resident in this area stating concerns. Upon request of Councilmember Rettman, Peter White of the Valuation and Assessments Division aooeared and explained options of senior citizens paying assessments and he said'he will send this information to Mr. Kennedy. Councilmember Rettman moved aooroval of the order. Roll call. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-340 - ADDroving application for renewal of Class A Gambling License by the Concordia Singing Society located at 1324 E. Rose. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-341 - Approving application for the renewal of Class A Gambling License acolied for by the Jewish War Veterans of the USA Post #162 located at 408 Main Street. No one appeared in 0000sition. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 29. Resolution - 89-342 - Approving application for renewal of Class A Gambling License applied for by the Daoartment of Minnesota Jewish War Veterans located at 1060 University. No one appeared in ouoosition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-343 - Approving application for the renewal of Class A Gambling License applied for by the Merrick Booster Club located at 1060 University. No one appeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-344 - Approving application for the renewal of State Class C Gambling License aoolied'for by St. George Church located at 408 Main Street. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 32. Resolution - 89-345 - Approving application for the renewal of On Sale Liquor and Sunday Liquor Licenses applied for by the Civic Center Authority for the Civic Center Complex located at the I.A. O'Shaughnessy Plaza. No one aooeared in 0000sition. Councilmember Dimond' moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 110 - Fye• •'��,�� , �.. February 28, 1989 25. Final Order - 89-338 - Condemning and taking an easement in land necessary for the slopes, cuts and fills including right of removal of lateral support from landoccasioned by excavations or construction in the grading and paving of the alley in Blk. 1, Clarke's 2nd Addition and Blk. 2 Dawson's 5th Addition. (Public Works Committee recommends approval) 0 one appeared in 0000sition. Councilmember Long moved approval of the order. Adopted Yeas - 7 1 Nays - 0 26. Final Order'- 89-339 - Grading and pairing alley in Blk. 1, Clarke's 2nd Addn. and Blk. 2, Dawson's 5th Add%. bounded by Wheelock, Laroenteur, Westminster and Edgemont. (Public Works Committee recmpends aooroval) No one aooeared in 0000sition: Councilmember Rettman referred to a letter she received from Mr. Kennedy who is a resident in this area stating concerns. Upon request of Councilmember Rettman, Peter White of the Valuation and Assessments Division aooeared and explained options of senior citizens paying assessments and he said'he will send this information to Mr. Kennedy. Councilmember Rettman moved aooroval of the order. Roll call. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-340 - ADDroving application for renewal of Class A Gambling License by the Concordia Singing Society located at 1324 E. Rose. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-341 - Approving application for the renewal of Class A Gambling License acolied for by the Jewish War Veterans of the USA Post #162 located at 408 Main Street. No one appeared in 0000sition. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 29. Resolution - 89-342 - Approving application for renewal of Class A Gambling License applied for by the Daoartment of Minnesota Jewish War Veterans located at 1060 University. No one appeared in ouoosition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-343 - Approving application for the renewal of Class A Gambling License applied for by the Merrick Booster Club located at 1060 University. No one appeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-344 - Approving application for the renewal of State Class C Gambling License aoolied'for by St. George Church located at 408 Main Street. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 32. Resolution - 89-345 - Approving application for the renewal of On Sale Liquor and Sunday Liquor Licenses applied for by the Civic Center Authority for the Civic Center Complex located at the I.A. O'Shaughnessy Plaza. No one aooeared in 0000sition. Councilmember Dimond' moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 110 - February 28, 1989 Councilmember Long moved that the rules be suspended to consider an item not on the agenda pertaining to a budget amendment for the Fire Department for it to`be referred Io the Finance Committee. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 Resolution - 89-370 - Amending the 1989 budget by adding $210,000 to the Financing and Spending Plans for Fire Deoartment Master Plan. Referred to 7th. the Finance Management & Personnel Committee and laid over to March Councilmember Dimond moved that themeeting be adjourned. Adopted Yeas - 7 Nays: -_0 ADJOURNED AT 10:50A.M. ATTEST: �ZounCII rest en Copies sent to Councilmembers /-.3--" Minutes approved by Council i ' y ey ABO:pmk 77 e i t February 28, 1989 Councilmember Long moved that the rules be suspended to consider an item not on the agenda pertaining to a budget amendment for the Fire Department for it to`be referred Io the Finance Committee. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 Resolution - 89-370 - Amending the 1989 budget by adding $210,000 to the Financing and Spending Plans for Fire Deoartment Master Plan. Referred to 7th. the Finance Management & Personnel Committee and laid over to March Councilmember Dimond moved that themeeting be adjourned. Adopted Yeas - 7 Nays: -_0 ADJOURNED AT 10:50A.M. ATTEST: �ZounCII rest en Copies sent to Councilmembers /-.3--" Minutes approved by Council i ' y ey ABO:pmk J , nm'ai%i / 4 �_, � � MINUTES OF THE COUNCIL �„� ' 9:00 A.M 0 -MARCH 2, 1989 fit i a' COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA � F The meeting was called to order by President Scheibel at 9:00 A.M. 1 Present - 5 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Wilson 3t _ Absent - 2 - Councilmembers Long and'Sonnen (arrived at points during the f meeting) ORDINANCES 1. Second Reading - 89-308- An ordinance amending Chapter 86 of the Administrative Code pertaining to signing of contracts, deeds, bonds and checks by providing the Human that execution of any contract in the amount of $50,000 or more by Rights Director is not required when the person or entity ther City is p contracting with have five or less full-time employees. (Referred to the :.k Finance Committee with readings to be continued) { ' Laid over to'March 7th for Third Reading. 2. Letters of the City Attorney's Office announcing a dates of public hearing before an Administrative Law Judge pertaining to possible adverse action against ` licenses held. by J'& L Liquors dba the Trend Bar, 1537 University Avenue, April - 6th; and 859 Randolph Corporation dba°The Soot Bar, 859 Randolph Avenue, March 23rd. . Filed - (CC #13109) 3. Letter of the Valuation -Engineer's Office recommending a date of public hearing for April 4, -1989 -to consider petition of the State of Minnesota to vacate parts of Summit, Iglehart, College, Smith, Rice and Ninth south of I-94. Councilmember Rettman moved aooroval of the date of publichearing for April y 4th. Adopted Yeas - 5 Nays - 0 " COMIITTFE REPORTS 4. Resolution - 89-160 - Requesting the Metr000litan Waste Control Commission to March 1,-1989 its timeline to eliminate present to Council by a plan addressing land filling of ash with the floodolain, the reclamation of the old landfill ash basin site, and the ootential need for a limited temporary ash storage facility as part of the treatment plant ooerations. (Public Works Committee recommends aooroval as amended) Councilmember Rettman explained the amendment is a change of date to April 15th for the presentation to be made to Council and she requested that the Solid Waste Report be attached to the resolution for the record. Councilmember Dimond moved aooroval of the resolution as amended. r y Adopted Yeas - 5 Nays - 0 r i t t ( - 112 - March 2, 1989 5. Resolution - 89-153 - A-poroving a000intments by the Mayor of Joseph Boone, Arthur Gardner, Merle Harris, Mark McCrea, John Nakasone and Jann Peyer to serve on the Set Aside Advisory Committee. (Housing & Economic Development Committee recommends approval) Councilmember Wilson moved approval of the resolution. Adopted Yeas - 5 Nays - 0 6.. Resolution - 88-1161 - Authorizing olacement of certain advertising display panel fixtures in pedestrian skyway system with conditions. (Housing & Economic bevelooment Committee recommends resolution be withdrawn) Councilmember Scheibel withdrew the resolution. Withdrawn. NEN BUSINESS - RESOLUflONS 7. Resolution - 89-350 - Establishing premium pay for work -performed in a specific unit for Police Officers in the Salary Plan and Rates of Comoensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. B. Resolution - 89-351 - Amending the 1989 budget by transferring $32,062' from Contingent Reserves to Police Administration for full time position to oversee license renewal and application process. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 9. Resolution - 89-352 - Amending the 1989 budget; by adding $330,902 to the Finance and Spending Plans for the Police Department to deposit revenues from service charges to outside government agencies. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 10. Resolution:- 89-353 - Amending the 1989 budget by adding $132,456 to the Financing and Spending Plans for Police and Mankato State University, to jointly sponsor seminar on Satanic Cults. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 11. Resolution - 89-354 - Amending the 1989 budget by adding $51,661 to the Finance and Spending Plans for Police -Vice Unit to conduct investigations of liquor and Class III license applicants. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 12. Resolution - 89-355 —Amending the 1989 budget by adding $24,640 to the Financing & Soending Plans for Police Officers Clothing Trust Fund. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 13. Resolution - 89-356 - Amending the 1989 budget by adding $24,640 to the Police General Fund - Clothing Allowance. (FOR REFERRAL TO THE INANCE COMMITTEE) Referred to the Finance Committee. 14. Resolution - 89-357 - Amending the 1989 budget by adding ,$47,543 to the Financing & Spending Plans for Police to participate in two grants from State Deoartment of Public Safety Narcotics Control Program. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 15. Resolution - 89-358 - Amending the 1989 budget by adding $7,334 to the Financing & Spending Plans for Police Special Projects - Narcotics Control/Surveillance Program. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. - 113 - S March 2, 1989 16. Resolution - 89-359 - Authorizing proper City officials to execute an agreement to a a ' with the State Department of Public Safety for the Police Department receive orellminaryy breath test instruments on loan. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 5 Nays 0 11. Resolution - 89-360 - Authorizing proper City officials to execute an agreement k with the North Central Organized Crime Drug En rcement Task Force for in high level investigations. (FOR ACTION {+ * ? assistance Councilmember Goswitz moved approval of the resolution. Department {+ ` Upon question of Councilmember Rettman,'Lucy Mitchell of the Police ' appeared and explained the resolution and the investigations to be'involved: �4 ? Adopted Yeas - 5 Nays -"0 18. Resolution - 89-361 - Authorizing oroper City officials to lease to Naegele Outdoor Advertising, Inc. property located at 1060 W. 7th Street to display advertising sign., (FOR ACTION)' Upon request of Councilmember Scheibel this resolution was referred to the ,.' Public Works Committee for review and discussion: ' Referred to the Public Works Committee. Councilmember Long arrived at this point in the meeting. 19. Resolution - 89-362 - 'Amending the 1989 'budget by adding $96,000 to the § Financing and Spending Plans City Wide Data Processing Fund for City Council Area Network. (FOR REFERRAL TO THE FINANCE s 1xr` m Data Processing System and Local COMMIi RReferredEto the Finance Committee. 20. Resolution - 89-363 - Requesting the Mayor to initiate those actions which will Provide: the 'transition of, the Police ski, hockey and softball teams and ;for intramural sports to "a orivate status and declaring intent not to appropriate 1989., REFERRAL"TO THE FINANCE funds for these specific activities after (FOR COMMITTEE) Referred to the Finance Committee. 21. Resolution - 89-364,- Approving Final Plat for the West Gate Addition located on the north side of Territorial Road between Eustis and Berry. (FOR ACTION - Hearingg;held February 16th) ' Councilmember Dimond moved,aooroval of the resolution. . Roll call: Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 22. Resolution - 89-365 - Approving'apolication for the renewal of various Class III Licenses; as listed. No one aooeared in 0000sition. Councilmember Rettman said she has contacted the License Office pertaining to one license on the list and she moved approval of the resolution but requested x the right for reconsideration for the one item if necessary: + r _ f� 5y Roll call. Yeas - 6 Na Adopted s - 0 Later in the meeting Councilmember Rettman said Christine Rozack of the License Office has informed her licenses held by Arlington Auto should not be renewed at t— ? this time and she requested Arlington Auto be removed from the list for a five lay with the rest of the resolution to stand as oreviously adooted week over and there was agreement that Arlington Auto be laid over five weeks to April 6th. J - 114 - March 2, 1989 .. Councilmember Sonnen arrived at,this point in the meeting. e� 23. Resolution -'89-366 - Aooroving� application 'for'State Class 8 Gambling License aoolied for by Vinland Nitional Center located at Mancini's Char House at 531 W. 7th Street. r rX v No one aooeared in 0000sition. moved Councilmember Dimond aooroval of the resolution. Adopted Yeas - 7Nays 0 - 24. Resolution - 89-367 - Approving aoolication for Class B Gambling Location License aoolied for by Mancini Bar, Inc. dba Mancini's Char House located at '531 W 7th Street. t No one appeared in 0000sition: Councilmember Dimond moved"approval of the resolution. r1E Adopted Yeas -.7 Nays - 0 25. Resolution - 89-368 = Approving application for Gambling Manager's License applied for Thomas Gagliardi dba Vinland National Center located at Mancini's "by Char House`at'531 W. 7th Street. No one appeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adooted Yeas - 7 Nays - 0 26. Resolution - 89-369 - Aooroving the transfer of On Sale Liquor and On Sale Sunday Liquor Licenses by the Prom Catering Co., Inc., from 1190 University Avenue to-190 N. Smith. No one appeared in 0000sition. Councilmember Dimond'inoved approval of the resolution. z 1 Adooted Yeas - 7 Nays - 0 Councilmember Goswitz moved that the rules be suspended to consider an item not -' on the agenda pertaining to a budget revision,for the NCAA Tournaments to be held in the City. Roll call on susoension of the rules. Adooted Yeas - 7 Nays - 0 Resolution - 89-397 - Amending the 1989 budget by adding $5,000 to the Financing & Spending Plans in General Revenue Fund City Council Administration for future NCAA' Tournaments to be held in the City, and supporting the Chamber of Commerce in its efforts to make the 1989 tournament a success and committing $5,000 to promote the City to the NCAA for future tournaments and declaring this aoorooriation to have oublic access. 3 Councilmember Goswitz further explained the resolution and answered questions of Councilmembers. Councilmember Sonnen referred to the Mayor's fund budget on gifts to dignitaries and said she has some questions relative to that. Councilmember Long suggested laying this ;resolution over to Tuesday for him to T olace it on his Committee agenda the previous Monday in order for discussion of a wA the correct line items, and Councilmember Goswitz spoke in agreement to that ' g La der n verto Tuesday, March " Yr4 7th: Councilmember Rettman reminded Councilmembers of the upcoming tour with Governor Peroich the URAP � on projects in the neighborhood. � 4 - 115 - March 2, 1989 Councilmember Sonnen said in the oast we have recognized the tournament players involved by sending letters of congratulations and she said we should'do the same this year. Councilmember Dimond referred to the costs involved in such an action. Councilmember Wilson said he thinks it's a good idea because it gives a oersonal touch and that it falls in the area of oromotion. After some discussion it was agreed this discussion will be held in Finance Committee along with,the NCAA resolution. The meeting was thereupon adjourned. Adopted Yeas - 7 Nays - 0 A,DJ0URNE,D AT 9:20 A.M. ATTEST: LOuncil, Presiclent Copies sent to Councilmembers IL.Z-2i Minutes approved by Council 5l='a,a yy er LA:aok of M. MINUTES OF THE COUNCIL 9:00 A.M MARCH 7, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 MISCELLANEOUS 41. Recognition of youth volunteers for the month of March. Councilmember Scheibel noted that yesterday was Volunteer Appreciation Day and many people were in attendance at the Landmark Center for special events held, and Councilmembers Sonnen, Rettman and Scheibel recognized youth volunteers for the months of March:' Councilmember Sonnenreferred to an incident that occurred last evening at the Faust Theater and apologized for outting oeoDle in a oosition of possible harm and she said when anyone deals with the issue of oornography there will, be agressive violence. Councilmember Scheibel said although it would have been better to host the event after the Faust was out the neighborhood did fight for a longtime to remove this type of violence and this is a big day for that neighborhood. ORDINANCES 1. Final Adoption - 8B-621 - An ordinance amending Chapter 111 of the Administrative Code pertaining to Ethical Practices Board by changing the name from Election Board to Ethical Practices Board. (Rules & Policy Committee recommends aooroval of substitute ordinance - Laid over from February 21st) Councilmember Sonnen moved an amendment to the substitute ordinance which stems from orevious Council discussion and she explained the amendment. Upon question of Councilmembers, City Attorney Ed Starr explained the amendment is for non -classified employees only. Councilmember Reitman referred to her concerns of accepting gifts or tickets to soecial events and Councilmember Sonnen said that issue is dealt with in the following item no. 2 on today's agenda. Councilmember Lonq said he has met with the Mayor on this proposed amendment and he said the Mayors feeling is -that it is an appropriate one and he said the Mayor will be present next Tuesday to talk on it himself. Roll call on the ameidments. Adooted Yeas - 7 Nays - 0 Councilmember Dimond stated he still has concerns on this ordinance. Laid over to March 14th for Final Adootion. 2. Final Adoption - 88-623 - An ordinance amending Chanter 24 of the Administrative Code pertaining to code of ethics for City officials and employees. (Rules & Policy Committee recommends approval of substitute ordinance - Laid over from February 21st) Referred to the Rules & Policy Comnittee. �1� March 7, 1989 3. Final Adoption - 88-1826 - An ordinance amending Chanter .411 of the Legislative . Code pertaining to entertainment. (Community & Human Services Committee recommends approval of substitute ordinance) Councilmember Rettman moved approval of the ordinance. w Adopted Yeas - 7 Nays - 0 Ord. #17633 4. Final Adoption - 88-1912 - An ordinance rezoning property of Emily Fredricksen located at 2029 Grand Avenue from RM -2 to B2 -C to establish an antique shoo in a _ portion of. the first floor of the existing residence. (FOR ACTION - Hearing held October.18, 1988 - Laid over from .January 5, 1989) Al Olson stated a letter,from the Planning staff has been received recommending this ordinance be withdrawn. Councilmember,Scheibel said rezoning is no longer necessary and Ms. Fredricksen submitted a letter to withdraw her request to rezone. Withdrawn 5. Final Adoption - 89-10 - An ordinance amending Chanter 91 of the Administrative Code oertaining to procedures for public hearings regarding public nuisances by establishing an average service level of police responses to private property at four in twelve month period and authorizing City Attorney to- commence legal action against the owner of private property for unjust enrichment when police responses exceed level. (Housing & Economic Development. Committee refers to Council without recommendation) Councilmember Sonnen referred to letters written in the newspaper from citizens and she suggested this ordinance be referred to the Anti Drug Task Force for their review to report back to Council in 60 days. Councilmember Wilson said he doesn't feel anything will be gained by.referral to the task force and he doesn't see the benefit in doing so. Councilmember Dimond said he has received calls on this ordinance and he referred to one by the Multi Housing Association who said they don't have a. oarticular concern but rather just are not clear on the ordinance itself.. Councilmember Dimond suggested laying the ordinance over for a few days in order for Councilmember Wilson to contact the Association and clearly explain to them the intent of the ordinance. Councilmember Dimond said he does not -think it's necessary to send the ordinance to the task force.and he sooke.in support of the ordinance. Councilmember Long said he also has received some phone calls on this item and he said oeoole are needing more of a sense of the 1anuage and he referred to changing language in the ordinance from the.word "shall' to "may". There was some discussion. and agreement that this ordinance will be laid over for two weeks to March 21st with public hearing to be scheduled on that date and. in the meantime discussion will be held in the Community & Human Services Committee. Laid over to March 21st and referred to the Community & Human Services Committee. 6. Final Adootion 89-88 - An ordinance amending Chanter 33 of .the Administrative Code pertaining to reimbursement for car expense. (Rules & Policy Committee recommends aooroval with amendment) Councilmembers Long and Rettman moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17634 7. Final Adootion - 89-148 - An ordinance amending Chanter 5 of the Administrative Code to more clearly reflect current functions of the Valuations and Assessments Division. (Finance Committee recommends aooroval) Councilmember Long explained Committee discussion and moved aooroval of the ordinance. j._ Roll call. j Adooted Yeas - 7 Nays - 0 Ord. #17635 - 118 - i n pl March 7, 1989 3. Final Adoption - 88-1826 - An ordinance amending Chanter .411 of the Legislative . Code pertaining to entertainment. (Community & Human Services Committee recommends approval of substitute ordinance) Councilmember Rettman moved approval of the ordinance. w Adopted Yeas - 7 Nays - 0 Ord. #17633 4. Final Adoption - 88-1912 - An ordinance rezoning property of Emily Fredricksen located at 2029 Grand Avenue from RM -2 to B2 -C to establish an antique shoo in a _ portion of. the first floor of the existing residence. (FOR ACTION - Hearing held October.18, 1988 - Laid over from .January 5, 1989) Al Olson stated a letter,from the Planning staff has been received recommending this ordinance be withdrawn. Councilmember,Scheibel said rezoning is no longer necessary and Ms. Fredricksen submitted a letter to withdraw her request to rezone. Withdrawn 5. Final Adoption - 89-10 - An ordinance amending Chanter 91 of the Administrative Code oertaining to procedures for public hearings regarding public nuisances by establishing an average service level of police responses to private property at four in twelve month period and authorizing City Attorney to- commence legal action against the owner of private property for unjust enrichment when police responses exceed level. (Housing & Economic Development. Committee refers to Council without recommendation) Councilmember Sonnen referred to letters written in the newspaper from citizens and she suggested this ordinance be referred to the Anti Drug Task Force for their review to report back to Council in 60 days. Councilmember Wilson said he doesn't feel anything will be gained by.referral to the task force and he doesn't see the benefit in doing so. Councilmember Dimond said he has received calls on this ordinance and he referred to one by the Multi Housing Association who said they don't have a. oarticular concern but rather just are not clear on the ordinance itself.. Councilmember Dimond suggested laying the ordinance over for a few days in order for Councilmember Wilson to contact the Association and clearly explain to them the intent of the ordinance. Councilmember Dimond said he does not -think it's necessary to send the ordinance to the task force.and he sooke.in support of the ordinance. Councilmember Long said he also has received some phone calls on this item and he said oeoole are needing more of a sense of the 1anuage and he referred to changing language in the ordinance from the.word "shall' to "may". There was some discussion. and agreement that this ordinance will be laid over for two weeks to March 21st with public hearing to be scheduled on that date and. in the meantime discussion will be held in the Community & Human Services Committee. Laid over to March 21st and referred to the Community & Human Services Committee. 6. Final Adootion 89-88 - An ordinance amending Chanter 33 of .the Administrative Code pertaining to reimbursement for car expense. (Rules & Policy Committee recommends aooroval with amendment) Councilmembers Long and Rettman moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17634 7. Final Adootion - 89-148 - An ordinance amending Chanter 5 of the Administrative Code to more clearly reflect current functions of the Valuations and Assessments Division. (Finance Committee recommends aooroval) Councilmember Long explained Committee discussion and moved aooroval of the ordinance. j._ Roll call. j Adooted Yeas - 7 Nays - 0 Ord. #17635 - 118 - i n W h March 7, 1989 APPI.0ATIONS - COMMUNICATION 8. Letter of the City Attorney's Office announcing date of public hearing for March 28, 1989 before an Administrative Law Judge pertaining to possible adverse action against licenses held by C. & B. Foods, Inc, dba Eddington's Restaurant located at 385 Cedar Street. Filed (CC 613110) 9. Letter of the Valuation Engineer's Office recommending a date of public hearing for April 11, 1989 to consider the oetition of the City of St. Paul to vacate Part of Lots 6, 7 and 8, Blk. 2, Cole's Rearrangement located east of I -35E between Juno and Armstrong. Councilmember. Rettman,moved approval of the date of public hearing. - Adopted Yeas - 7- Nays - 0 10. Administrative Orders D-10111 through D-10140 were noted as on file in the City Clerk's Office. Upon request of Councilmember Long, the following Administrative Orders were referred to the.Finance Committee .for review: D-10111, -10113, -10114, -10116, -10117, -10120, -10121, -10125, -10135, and -10140. ' NEW BUSINESS -.RESOLUTIONS 11. Resolution - 89.370 - Amending the -1989 budget by adding $210,000 to the Financing '& Spending. Plans for Fire DeDartment Master Plan. `Finance Committee recommends aoproval - Laid over .from February 28th) Councilmember:. Long explained Committee discussion and moved aooroval of the resolution. Councilmember Rettman sooke in support of the resolution. Roll : call: Adopted Yeas - 7 Nays - 0 12. Resolution - 89-371 - Establishing the rate of Day for E.D.P. Database Coordinator in Grade 16, Section ID3 of the Professional Employees Non - Supervisory Standard Ranges. (First Reading - FOR REFERRAL TO FINANCE COMMITTEE) Referred to the Finance Committee 13. Resolution - 89-372 - Amending the 1989 budget by transferring $18,078 in Community Services for the Position of Technical Trainee. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to. the Finance Committee 14. Resolution - 89-373 - Approving participation in the UNISYSRealignmentand Reemployment Dislocated Workers Project and amending the 1988 budget by adding $237,500 to the Financing & Spending Plans in PED for said Project. (FOR ACTION) Councilmember Long moved approval of the resolution. Adooted Yeas - 7 Nays - 0 15. Resolution - 89-374 - Amending the 1989 budget by transferring $3,500 from Contingent Reserve to Community Services for Child Care Initiative project. x (FOR. ACTION) , Councilmember Long moved aooroval of the resolution. Upon question of.Councilmember Rettman, Chris Park of Community Services aboeared and said this is a coordinated effort between the City and the County " aM she said from the investigation done so far in her opinion she would choose Wilder. Research for the project but she said further investigation needs to be conducted. (Discussion continued on following page) -119 - k9. L . J x March 7, 1989 x (Discussion continued from previous cage) 6 ry Councilmember Rettman said Wilder Research'is acceptable to her but she would .� s r: want an RFP. Councilmember Scheibel suggested Performing an informal request and reoort �u_ findings back to the Community &Human Services Committee to help keep it in a �,ts 4 a 5y t is 1 ga timely manner. Councilmember Sonnen agreed we need to look at the RFP process. Councilmember Wilson spoke in support to handle the investigation informally and "will ' he agreed we need to be assured there be compliance with contracts. Councilmember Wilson suggested adooting this resolution today with the "emergency" understanding no others will be brought tie ore Council on an basis, a and Councilmember Goswitz spoke, in support to aompving the resolution. Councilmember Long moved aooroval of the resolution. y Adopted Yeas - 7 Nays - 0 l 16. Resolution - 89-375 - Strongly supporting the "Permanent Housing for Homeless Congress President to pass this Americans Act of 1989" and calling upon and the Committee legislation and provide full funding. `Legislation recommends approval) Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 17. Resolution - 89-376 - ADoroving actions by -the Board of Appeals & Review pertainingg to properties located at 1493 Rice, Robert Bolin, Sr. appellant and y 1615 St. Mthony, John Landgraf appellant. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 a 18. Resolution - 89-377 - ADoroving actions by the Board of Appeals '& Review pertaining to property located at 189-1/2 E. 7th, Gayle Stangeland appellant. �FOR ACTION) `r ouocilmember Rettman moved aoorodal of the resolution. Adopted Yeas - 7 Nays - 0 19. Resolution = 89-378 - Accepting the Ayd Mill Road Study Phase'I Report, Administration to develop funding strategy for and initiate requesting Environmental Impact Statement to study further alternative road configurations' requesting issues as stated ,be addressed in the EIS, increase enforcement of 45 eh:soeed.limits, and requestin State Departmentofoff Transportation and Cit 's ent f r indirect connect on :_.. between southDI 35Em and w si 1 94. (MR REFERRALi'9% PUBLIC'WORKS COMMITTEE) Referred to the Public Works Committee i, 20. Resolution,- 89-379 - Concurring with action taken .by the Board of Water v ey Commissioners and approving contract agreement for Remote Metering Systems between the Board and the City of Mendota Heights.(FOR ACTION) Upon question of Councilmember Wilson, Councilmember Dimond explained the resolution and the agreement. p Councilmember Dimond moved aoproval of the resolution.' Adooted Yeas - 7 Nays - 0 t r s 21. Resolution - 89-380 - Authorizing payment in the amount of $5,000 to Frances r r Stumpp from the Tort Liability Fund in full settlement of her claim. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. y Adopted Yeas - 7 Nays - 0 6' 120 - March 7, 1989 22. Resolution - 89-381 - Authorizing sale of 'Property and temporary easements to the State Department of Transportation for the purpose of reconstructing the Robert Street bridge and authorizing orooer City officials to execute Memorandum of Sale and Quit Claim Deed to the State. (FOR ACTION) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 23. Resolution -'89-382 - Releasing utility easements contained in C.F. 88-1802 which vacated alley in Blk. 1, Rice Street Villas bounded by Wheelock Parkway, Albemarle, Laroenteur and Ricer (FOR ACTION) - Councilmember Rettman moved aooroval of the. resolution: Adopted Yeas - 7 Nays - 0 24. Resolution - 89-383 - Approving assessment for the boarding up of vacant buildings through December 1988, and setting date of public hearing for April 11, 1989: Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 25. Resolution -89-384 - Approving assessment for summary abatements for repair of sewer service connections and rodent control from 1986 through 1988, and setting date of public hearing for Aoril 11, 1989. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 ` Nays'- 0 PUBLIC HEARINGS 28. Hearing to consider or000sed orooerty acquisition of land in the Lower Bluff Revitalization Urban `Revitalisation Action Program, Dayton's Bluff District 4 located at 815 E. Third Street: Councilmember Scheibel said there has been a reqquest to cancel this public hearing today because negotiation is continuing with the property owner with a report to be made to Council on those negotiations. The property of 815 E. Third Street was Present and in agreement to cancelling the hearing today. The hearing was cancelled. (CC #13111) 26. FinalAdoption 89-1 - An ordinance amending Chapter 404 of the Legislative Code, pertaining to Private Clubs and adding a nondiscrimination Provision. (Community & Human. Services Committee recommends` approval - Public hearing continued from February 28th) Councilmember Rettman distributed conies of a letter she received from the VFW and requested Ed Starr to comment on it. Mr. Starr said he couldn't comment on the letter because he hasn't had the time to review it and there was agreement to continue with the agenda and come back to this item. - Later in the meeting Mr. Starr said he did read the letter and would like time to check into the congressional acts referred to in it. A reoresentative of the VFW appeared and said they are governed by Congress and he requested a one week lay over. There was discussion and. agreement to lay this ordinance over one week. Laid over to March 14th: 29. Resolution - 89-385 - Ordering the repair or demolition of property located at 554 Edmund Avenue. Steve Roy appeared and oresented his staff report and said he is recommending 30 days for the reoair or demolition of this structure. Councilmember Wilson said he received a ohone call from the property owner requesting an extension of time. (Discussion continued on following page) - 121 - (Discussion continued from previous oage) Upon question of Councilmember Wilson, Mr. Roy said no orogress has been made on this structure. He said .in 1988 there was a fire with a casualty and the building has been secured many times and there is no evidence of intention to do anything. with. the building. Upon question df Council member.Rettman,:Mr.- Roy said there .is .very extensive structure damage. John Germinger appeared and said he.is the property owner of 554 Edmund_ and.. that his intention is to tear it down and he requested an extension of time to the middleiof June .to demolish the structure because of financial reasons. He said he did receive an insurance settlement and said he paid off the mortgage on the home and other expenses.. He .said he has purchased another home and does not plan to return to this address on Edmund. Upon questions of Councilmembers, Mr. Roy said bids to demolish the •structure run between $2,400 - $4,000 if the City performs the demolitions and it is not oaid for that the cost will be assessed to his taxes, and he said the home has continuously been broken in.and.it.is an on-going problem. Councilmember Wilson said it's unfortunate a death occurred due to the fire .but he recommended to proceed immediately with the demolition because there are neighbors on both sides and across the alley and we need to think of their safety. There was some discussion and Council member, Wi I son moved aooroval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-386 - Ordering the repair or demolition of orooerty-.located at 270 University Avenue. Steve_ Roy appeared; and, presented his staff report 'and recommended 30, days to repair or demolish the structure. Toni Raihill, owner, appeared and said she would be grateful to have this structure torn down and 'she explained how she's been working with the City and others on this property, for, many .years. She referred to a letter she received from PED just this morning and that she needs some time„to have her lawyer look it over. Ms. Raihill also said she's interested in ourchasing the adjacent orooerty to also demolish and make.a parking lot out of the two.lots.- bavid Stokes.of.PED appeared .and said he -met with Ms. Raihill this oast Friday and today was, the ,first he was able to.submit the letter to her. Councilmember Wilson said he's been working with Ms. Raihill on this item and he said because .it's difficult to .negotiate today he moved to lay it over for two weeks. Roll .call on the motion to.lay this item over for two weeks to March 21st. Adopted. Yeas - 7 . Nays - 0 Laid over to March 21st.. 31. Resolution - 89-387 - Ordering the repair or demolition of-,orooerty located at 272 University Avenue. (See discussion above) The fee owner for this orooerty.apoeared and said.she has no problem with laying this over for two. weeks and she said there are negotiations to sell the orooerty to Ms. Raihill. Councilmember Wilson moved this item be laid.over for two weeks to March 21st. Roll call. Adooted Yeas - 7 Nays - 0 Laid over to March 21st. - 122 - _J March 7, 1989 32. Final Order - 89-388 - Condemning and taking perpetual easement for public utility purposes over, under and across 'property described in connection with the Starkey/Plato Combined Sewer Seoaration Project. .(Public Works Committee recommends, approval with caveat) Matthew Storm aooeared and said he is a worker for the 'property owners and he was appearing on'their behalf in opposition-to,the order: Peter White of Valuations Office aooeared and explained the easements. Councilmember Dimond referred to. Committee discussion as it related to the sewers. _ Councilmember Rettman referred to a letter she received from Marvin Servilla and she said this order', basically is making the easement legal and she moved approval of the order with the caveat that a letter of the consultant be made a Dart of the record. Roll call. Adooted Yeas - 7 Nays - 0 33. Final Order - 89-389 - Condemning and taking permanent utility easements for the Sylvan/Acker Combined Sewer Separation project. No one appeared in opposition. Peter. White of the Valuations Office said this item was laid over in Committee to be discussed again tomorrow because of certain properties involved. A motion was made to lay over this Order one week to March 14th. Adooted Yeas - 7 Nays - 0 Laid over to March 14th. 34. Final Order - 89-390 - Improving Minnehaha Avenue from White Bear to Hazel and Pedersen to McKnight. (Public Works Committee recommends a'pproval with amendment to delete lighting) Ann Cieslak, C.O. for District 1, appeared and spoke. in support of widening Minnehaha Avenue. Ray Sammons, C.O. for District 2, appeared and spoke in support of leaving the widths: as is. Dan.O'.Connor aooeared and said .he is:a orooerty owner.in the. area and he spoke in 0000sition to widening the street and he said right now he is not in favor of ornamental lighting. Willie Olmer.aopeared and sooke .in favor of the ornamental. lighting. Councilmember,Dimond spoke in opposition to widening Minnehaha Avenue and he presented background information on this. issue. He said the City Forester is in 0000sition to widening the streets because of the potential loss of trees, safety is not an issue, and he said the residents did not ask for the street to be widened. Chris Nicosia of Public Works aooeared and said the coating on the road by MnDOT was meant to be temporary. He said the east end is in need of sewer work and it would be aoorooriate to do the whole street at one time. . Paul St. Martin of Public Works aooeared and referred to neighborhood informational meetings and he said safety is an issue raised. Councilmember Gosw9tz said the oeoule want the streets widened for safety Durooses with parking on both sides and he said the trees will not be destroyed. Willie Olmer aooeared and spoke in su000rt of the order. Council member Scheibel recommended a lay over and said if there is a safety factor it should be discussed and he said widening a street is not a light matter but he is inclined not to widen it and he said there is clearly divisions in the Council as well as the districts. Councilmember Dimond said he doesn't see it as a division and clearly there were meetings on the issue. Council member Rettman said she is pre oared to vote today but she moved a two week lay over with the two district community organizers Present today to notifying abutting property owners of the 'project. (Discussion continued on following page) 123 - 1 ... 7 1, '4, 1 March 7, 1989 S s (Discussion continued from previous page) City to: ri i7 r Ms.,cieslak and Mr. Sammons both indicated theywill work with the notify the neighbors. Councilmember Long said he is interested in the safety, issue and that staff - should make a recommendation one way or the other. Councilmember Rettman stated she was in agreement to include that in her motion. Roll call on the motion to lay the order over for two weeks to, March 21st with staff to make recommendation and the abutting neighbors to be notified. Roll 611. Adopted Yeas - 7 Nays - 0 Laid over to March 21st. 35. Final Order - 89-391 - Constructing sanitary, storm and water service §+ connections if requested for the Minnehaha Avenue Street Improvement project. ., Works Committee recommends approval) 4Public , See discussion above) Laid over to March 21st. 36. Resolution - 89-392 - Approving application for the renewal of various C1ass;III licenses as listed. Noone appeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 1" V. Third Reading - 89-308 - An ordinance amending Chapter 86 of the. Administration Code.,pertaining to signing,of contracts, deeds, bond and checks by providing i that execution of any contract in the amount of. $50,000 or more by,ihe Human Rights Director - is.not required when the person. or entity'the City is contracting with have five or. less full time employees. (Referred to the Finance Committee with readings to be continued) Councilmember Long explained Committee discussion and said he has a substitute ordinance agreeable to all parties and he moved approval of the substitute ordinance. Councilmember Rettman said :the substitute is an exception and is very crucial to the department and she said she; would like the director to write up guidelines and standards to define hardship. Dulce Deleon, Acting Director for the Deoartment of Human Rights, appeared and said she will prepare the guidelines and she expressed concerns of subcontractors. Upon question of Ms. Deleon, Councilmember Wilson stated the ourpose of the ,I idelines is for ,internal information. Roll call, on approving the, substitute ordinance. Adopted Yeas - 7 Nays - 0 +� Laid over to March 14th for Final Adoption. ' 37. Resolution - 89-393 - Approving application for renewal of Class A Gambling License applied for by Sacred Heart Church located at 835 E. 5th Street. No one aooeared in opposition. Councilmember Rettman moved approval of the resolution. _ Adopted Yeas - 7 Nays - 0 3B. Resolution - 89-394 - Denying applications for State Class B Gambling Location Licenses for organizations as listed. - No one appeared in opposition. J Councilmember Rettman moved approval of the resolution. f Adopted Yeas - 7 Nays - 0 March 7, 1989 39. Resolution - 89-395 - Approving the transfer of On Sale Liquor, Sunday On Sale Liquor and Restaurant Licenses from Bravo Inc. dba Parkside Lounge located at 1181-Clarence (Michael Stephens, Pres.) to Park-Con, Inc. dba Parkside Lounge (Patrick Conroy, Jr., Pres.) located at the same address. No one aooeared in 0000sition. ? Adopted Yeas - 7 Nays - 0 ZI 40. Resolution - 89-396 - Approving application for new Entertainment License III applied for by Park-Con,'Inc. dba Parkside Lounge located at 1181 Clarence. No one appeared to opposition. Adopted Yeas - 7 Nays - 0 Councilmember Rettman moved that the rules be susoended to consider an item not on the agenda pertaining to the V.F.W. located on 'Rice Street. a r Roll call on the motion for suspension. f Adopted Yeas - 7 Nays - 0 Resolution - 89-423 - Approving with conditions application for the transfer of Private Club License from the Rice Street V.F.W. 93877 dba the Rice Street V.F.W. @3877 located at 1138 Rice Street to 1134 Rice Street. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 ADDITIONAL ITEM Resolution - 89-397 - Amending the 1989 budget by adding $5,000 to the Financing and Spending Plans for City Council Administration 1989 NCAA Ice Hockey Tournament. (Laid over from March 2nd) Councilmember Long distributedand explained a substitute resolution and he moved that the substitute resolution be approved. Roll call. Adooted Yeas - 7 Nays - 0 Councilmember Sonnen moved that the rules be susoended to consider an item not on the agenda pertaining to supporting public hearings-on group homes at the legislature level'to be referred'to the Legislation Committee. Roll call on the suspension. Adopted Yeas - 7 Nays - 0 Resolution - 89-424 -Requesting S.F. 235 oertaining to Group Homes be amended to require public hearings before a state' agency responsible for licensing a residential facility with orooer notices and directing City lobbyists to work for the adootion of this amendment without sacrifice to other sections of the bill related to dispersal, concentration and definitions. Referred to the Legislation Committee:' Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 A D J 0 U UJ R N E/ D'-A T 111:40 A.M. —Z' rci rest en ATTEST: Copies sent to`Cauncilmemhers Minutes approved by Council h/ oto—� t y MerK ABO:omk - 125 — e raMARCH09, y rti t MINUTES OF THE COUNCIL 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 5 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Wilson Absent - 2 - Councilmembers Long and Sonnen (arrived at Points during the meeting) - APPLICATIONS - COMMUNICATION 1. Claim of Linda and Douglas Blair (William Harper, attny.) filed February 16, 1989, was read. Referred to the City Attorney's Office. Claim of Lammier Brown,1023 Carroll, filed February 16, 1989', was read:' `- Referred to the City Attorney's Office. Claim of James Brunhuber, 803 Blair, filed February 16, 1989, was read. Referred to the City Attorney's Office. Claim of Brent Cirillo,filed February 22, 1989, was read. Referred to the City Attorney's Office. Claim of Carolyn Elieff,433 Ashland, filed February 21, 1989, was read. Referred to the CityAttorney's Office. Claim of Jane Jeffrey, 1456 Osceola, filed February 16, 1989, was read. Referred to the City Attorney's Office. Claim of Robert Kinney, Jr.,866-1/2 Mound, filed February 21, 1989, was read. Referred to the City Attorney's Office. Claim of Betty Miller; 2105. Palace, filed February 10,'19B9, was read. Referred to the City Attorney's Office. Claim of Perry Strowder,694 Central d2, filed February 14, 1989, was read. Referred to the City Attorney's Office. Claim of Steve Trummble,1140 E. 4th #304, filed February 17, 1989, was read. 4:4 Referred to the City Attorney's Office. '= Claim of Thomas Vogt,filed February 22, 1989, was read. Referred to the City Attorney's Office. Claim of Richard Christensen, 2682 E. Maryland, filed February 27, 1989, was read: Referred to the City Attorney's Office. - Claim of John Foster, 1411 Raymond, filed February 27, 1989, was read. Referred to the City Attorney's Office. Claim of William Richards, 98 Coffey Hall, 1420 Eckles Ave., St. Paul, MN, filed February 27, 1989, was read. Referred to the City Attorney's Office. KIM March 9, 1989 Claim of Merrion Wiley, 813 Marshall, filed February 27, 1989, was read. Referred to the City Attorney's Office. Claim of John Willett, 670 Osborn Rd. #203, Fridley, MN 55432, filed February 24, 1989, was read. Referred to the City Attorney's Office. 2. Administrative Orders D-10141 through D-10148 were noted as on file in the City Clerk's Office. COMMITTEE REPORTS 3. Resolution - 89-215 - Authorizing designated individuals to act on behalf of the,, Board of Health for purposes as designated. (Community '& Human Services Committee recommends approval) Councilmember Rettman 'moved approval of the resolution. Adopted Yeas - 5 Nays - 0 NEW BUSINESS - RESOLUTIONS 4. Resolution - 89-398 - Establishing the rate of pay for Child Care Coordinator in Grade 17, Section ID3 of the Salary Plan and Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. S. Resolution - 89-399 - Amending the 1989 budget by adding $5,000 to the Financing and Spending Plans for Fire Responsive Services Smoke Detector Distribution. (FOR ACTION) Councilmembers Rettman and Dimond moved aooroval of the resolution. Adooted Yeas - 5 Nays - 0 6. Resolution'- 89-400 - Amending the 1989 budget by adding $45,071 to the Financing and Spending Plans for Community Service Deoartment Parks and Recreation Building Maintenance. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 7. Resolution - 89-401 - Amending the 1989 budget by adding $4,000 to the Financing and Spending Plans for Police Special Funds Reserve Uniform Deposit refunds. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. B. Resolution - 89-402 - Amending the 1989 budget by adding $331,717 to the Financing and Spending Plans for Police Special Projects 911 Emergency Communications Center. `FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. Councilmember Long arrived at this point in the meeting. 9. Resolution - 89-403 - Strongly supporting a public information campaign in cooperation with other organizations serving low income people regarding'"Earned Income Credit" and providing information and distributing flyers. (FOR. ACTION) Councilmember Rettman expressed concerns With this resolution and said she would rather it went to Committee for discussion and review. Councilmember Long explained that the Federal Income Tax laws have changed to allow this credit and he referred to the upcoming April deadline to file taxes. Upon question of Councilmember Rettman, Jane Mc Peak said a budget resolution is not required for this. (Discussion continued on following page) - 127 - _1 March 9, 1989 (Discussion continued from previous page) Councilmember Long moved approval of the resolution. Councilmember Dimond said he is in su000rt of the resolution but he would like the mailing to be fully reviewed by tfie City Attorney's Office before being sent to the oublic, and Councilmember Wilson said the distribution list should include coordinating agencies. Roll call on the motion for aooroval. Adopted Yeas - 6 Nays - 0 10. Resolution - 89-404 - Urging State Legislature to examine the need for a comorehensive urban university and recommending if such an institute is found to be needed Metropolitan State University be designated'as the university. (FOR ACTION- Legislative Committee recommends aooroval) A reoresentative of the Chamber of Commerce appeared and sooke in su000rt of the resolution. .. - Councilmember Dimond sooke in su000rt of the resolution and said there is also a t- tremendous amount of su000rt within the neighborhood. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 11. Resolution - 89-40,5 Approving the appointment by the Mayor of Mary Sue Dobbin to serve as a member of the Mayor's Advisory Committee for People with Disabilities. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 12. Resolution - 89-331Aporoviiig plans for road improvements on T.H. 51, Snelling from Dayton to Concordia and Marshall from Fry to 600 ft. east of Snelling, in conjunction with the replacement of the Soo Line Railroad Bridge and requesting 'parking of vehicles to be oarallet with the curb adjacent to the highway and 20 ft. from any crosswalks, on streets intersecting highway. (Referred to the Public Works Committee and laid over from February 28th) Councilmember Goswitz moved -aooroval of the resolution. Adopted Yeas - 6 Nays 0 i 13. Resolution - 89-406 - Authorizing proper City officials to execute a Software License Agreement with Systems Concepts of Colorado for the St. Paul Police Department. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 14. Resolution - 89-407 - Approving assessment for the construction of storm sewer service connections in connection with the Phalen Creek Sewer Project, and setting date of public hearing for April 18, 1989. Council member Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 15. Preliminary Order - 89-408 - For the Concord Street Streetscaoe Improvement Project Phase 1 for both sides of Concord from aoorox. 150 ft. northwest of State to aoorox. 50 ft. east of State, and setting date of public hearing for April 18, 1989. Councilmember Rettman moved aooroval of the order. Adopted Yeas - 6 Nays - 0 16. Preliminary Order - 89-409 For the operating costs of the above standard street lightingg system for the Concord Phase I Area oroject on the north side of r Concord from 50 ft, southeast of Ada to aoorox. 125.06 ft. northwest of State and the southside of Concord from aoorox. 78.59 ft. northwest of George to s aoorox. 362.81, ft. southeast of State, and setting date of public hearing for April 18, 1989. Councilmember Rettman moved aooroval of the order. Adopted Yeas - 6 Nays - 0 - 128 - i i 1989 March 9, . r; �+ 17. Preliminary Order - 89-410 -For sidewalk construction with integral curb for the north side of W. Seventh from Smith to Forbes, the east side of Smith from W. Seventh to Forbes, and the west side of Forbes from Smith to W. and setting n date of oublic hearing for April 18, 1989. 1 a Councilmember Rettman moved approval of the order. r Adopted Yeas - 6 Nays - 0 r p ' PUBLIC HEARINGS - tc - 18. Resolution - 89-411 - Ordering the repair or demolition of structure located at 1058 Sixth Street East. (FOR ACTION) Steve Roy 'appeared and oresented his staff report and said their recommendation for the structure to,be repaired or demolished within 30 days. The attorney reoresenting the owners appeared and said this morning the FRA has ordered the owner to repair the structure and he will agree to do so in the time set forth by Council. Councilmember Dimond moved approval of the resolution. Mateyka, +„ Joe 1055 E. 6th Street, appeared and said there have been numerous fires at this location and that nothing has been done to repair it in at least two years. Upon question of Councilmember Long, Mr. Roy stated the garage is included in the order for reoair or demolition. Mrs. Mateyka aooeared and said the sidewalks are never shovelled and -windows have not been boarded up. Councilmember Dimond said the neighbors have had to out up with a lot of frustrations and he told them that if the structure is not repaired within 30 sz dayys the City will demolish it. Roll call on the motion for aooroval. r Adopted Yeas - 6 Nays - 0 19. Resolution - 89-412 - Approvingg aoolication for the renewal of Class A Gambling Location License applied for by Monsignor Ravoux Assembly Knights of Columbus ` located at 408 Main Street. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 20. Resolution - 89-413 - Approving aoolication for Class B Gambling License applied for by People, Inc. at the Palomino Club located at 2181 Suburban Avenue. _ (See discussion below) Councilmember Dimond moved aooroval of the resolution. d: Adopted Yeas - 6 Nays - 0 21. Resolution - 89-414 - Approving/denying application for Class B Gambling Location License for by Viner Baker, applied and Inc. (James L. Viner, Pres.) dba The Palomino Club located at 2181 Suburban Avenue. discussion (See below) Laid over one week to March 16th. 22. Resolution - 89-415 - Aooroving/denying aoolication for Gambling Manager's r y 6 License aoolied for by Pamela Markusen dba People, Inc. at The Palomino Club located 2181 - at Suburban Avenue. 4.x Christine Rozackof the Licensing Division aooeared and said their recommendation is for approval of this and the following two related r + a resolutions. - g— Upon question of Council member Scheibel, Jane McPeak said if this or one of the u other related resolutions are denied that Council needs to make that reason S apply to all other applicants in the future. J (Discussion continued on following page) x - i - 129 - i March 9, 1989 (Discussion continued from previous page) Ann Cieslak, Community Organizer of District 1, aooeared and said their Board voted denial .of the licenses and she said this establishment has been a source of oroblems for the neighborhood for along time. She said the Port Authority has' stated they will not renew their lease and she said this is a .residential neighborhood. Ms. Cieslak noted their lease is up in nine months and they will be relocating and she said her objection is to the site only. A_resident at 2155 Burns aooeared and sooke in 0000sition to the resolutions, and uoon question by Councilmember Rettman she stated the music is okay but .she did not aoorove of the gambling. Glen Anderson, Executive Director of People, Inc., aooeared and referred to other organizations they sponsor throughout the City and he explained why they are trying to raise funds. He said if his application is denied he will not be able to reapply for three months and that could harm his company and he urged Council to aoorove the resolutions today. Upon questi on' of. Council member Rettman, Mr. Anderson said they will be looking for another location during the nine months. Upon question of Councilmember Rettman, Christine Rozack said a transfer could be made if another location was found. James Viner, owner of the Palomino Club aooeared and said they are moving in nine months because they lost their lease. He said he wants oeoole to know his is .a good.business and that he takes care of the property. He stated when they move he would like People, Inc. to move with them and he urged Council .to consider all the alternatives. No one else aooeared. Councilmember Dimond said this location is in the middle of a residential neighborhood. He referred to the Holiday Inn located nearby and its agreement to purchase land and he presented some further background information. Councilmember Dimond encouraged denial of the licenses and said it is not fair to out these tyoes of burdens on a neighborhood. He said it is an inaoorooriate location and he reminded Council the business is being shut down in nixie months. Upon. question. of Councilmember Rettman, Christine Rozack said she checked the police reoorts pertaining to gambling issues only, and Chris Van Horn of the Licensing Division aooeared and said their office sends all renewals to the Police Department and as yet their reoort has not been received. Councilmember Dimond said .since the. music at the location has turned to Country Western that the police calls have gotten much better and he said Mr. Viner has worked very hard to enforce that situation. Councilmember Wilson said he would like to know the reoort of the Police Deoartment and he said we need to be careful in making licensing decisions not to make judgements on the types of music performed. Upon question of Councilmember Goswitz, Councilmember Dimond explained the Club's location and its accessibility. Councilmember Rettman said her basic concern is if the license is denied .it would be oenalizing People, Inc, for three months. Upon question. of Councilmember Long, Ms. Rozack said the Zoning Office has approved the parking issue. Upon question of Councilmembers, Mr. Anderson said he knew the lease was up in nine months and that he was hoping to move with the Club at that time.. Later in the meeting Chris Van Horn said she called the Vice Unit and they were only able to tell her over the phone that in the oast year they had 24 calls on this establishment. There was considerable discussion and Councilmember Scheibel suggested approving the gambling location license and laying over the site license. Councilmember Dimond sooke in support of that suggestion and he moved approval of item no. 20 (C.F. 89-413). Roll call on the motion. Adopted Yeas - 6 Nays - 0 Councilmember Wilson spoke in favor aooroving items no. 20 and 22 and in laying item no. 21 over in order to get a report from the Police Department. (Discussion continued on following page) 130 J March 9, 1989 (Discussion continued from previous nage) Councilmember Scheibel spoke in supportof the location license— After further discussion there was agreement that items no. 21 (C.F. 89-414) and 22 (C.F. 89-415) be laid over one week to March 16th in order to get a report from the Police Deoartment. Laid over one week to March 16th. 23. Resolution - 59-416 - Approving application for Gambling Manager's License applied forrk Mules. dba Westside/Westend Youth. Hockey at John &Paul's Bar located at Al73Randolph Avenue. Noone appeared in 0000sition. - Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays -.0 24. Resolution - 89-417 - Approving application for Class A Gambling Location License aoolied for by John & Paul's Bar,. Inc. dba John & Paul's Bar located at 731 Randoloh. Noone aooeared in 0000sition. Councilmember Rettman moved aooroval of the.resoiution. Adooted._. Yeas - 6 Nays - 0 25. Resolution- 89-418 -.Approving aoolication for. State Class B Gambling License applied for by: Westside%Westend Youth Hockey Association at John & Paul's Bar located at 7, Randoloh. No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 26. Resolution - 89-419 - Approving aoolication for Class B.Gambling Location License aoulied for by Thomas C..Dahir dba Dahir's Bar and Grill located at 674 Dodd Road. Upon question of: Council member Scheibel, Christine Rozack said a violation occurred in`.1986 and the one year time has expired. Councilmember Scheibel noted there.have been no other problems since that time. No one appeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Roll call'.. 1 .. Adopted Yeas - 6 Nays - 0 27. Resolution - 89.-420 - Approving application for State Class B Gambling License applied for by the Minn6kta Waterfowl Association at Dahir's Bar located at 674 Dodd -Road. No one aooeared in 0000sition. Councilmember Rettmao moved aooroval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 28. Resolution - 89-421 - Approving application for Gambling Manager's License applied for by. Scott Nelson dba the Minnesota Waterfowl Association at Dahir's Bar located at674Dodd Road. No one appeared in 0000sition. Councilmember Rettman moved approval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 -131- . March 9, 1989 29. Resolution - 89-422'- Approving application for the renewal of various On Sale Liquor and supporting Class III licenses as listed. r No one aooeared in 0000sition. Councilmember Wilson moved approval of the resolution. �* Adopted Yeas - 6 Mays 0 30. Resolution - 89-248 - Selecting five targe organizations to continue with the application process for charitable gambling endorsement in the City: (Community .p & Human Services Committee recommends aooroval with. date of drawing to be held March 9th) After a drawing in accordance with the ordinance the five organizations chosen are the Epilepsy Foundation of Minnesota, Catholic Charities, Airforce Association, Fort Snelling Lions, and the Cystic Fibrosis organization. Councilmember Rettman moved aooroval of the resolution. r. Adopted Yeas - 6 Nays - 0 f Councilmember Sonnen arrived at this point in the meeting. 31. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Y r the Hillcrest Country Club located at 2200 E. Larpenteur. Phil Byrne of the City Attorney's Office apoeared representing the License Division and presented his staff report. He said he does not agree `with the findings of the ALJ and referred to his written exceptions and said the attorney representing Hillcrest also has submitted a communication. Mr. Byrne also referred to amended findings and conclusions and said he is recommending not going beyond a six day suspension. Upon question of Councilmember Sonnen, Jane McPeak said it is uo to the Council to make a determination on the two exceptions filed. Upon questions of Councilmembers, Mr. Byrne said the police officer was dressed in casual clothing, the establishment has no license to sell liquor and he answered questions pertaining to implied consents. Mr. Lonny Thomas appeared representing the Hillcrest Country Club and presenting his report and said he doesn't believe the police officer identified himself properly and he answered various questions of Councilmembers. There was considerable discussion and Councilmember Rettman moved to close the public hearing. Roll call. Adopted Yeas - 7 Nays - 0 Councilmember Rettman moved aooroval of the amended findings of fact and conclusions submitted by Mr. Byrne. Roll call on the motion accepting the amended findings of facts and conclusions of Mr Byrne. Adopted Yeas - 7 Nays - 0 Upon question of Council, Ms. McPeak said there is no matrix for orivate clubs. Councilmember Wilson said he feels the facts speak for themselves and a legal transaction was not made. Councilmember Sonnen said she feels this is a serious offense and she moved that the licenses be susoended for six consecutive days. Councilmembers Scheibel and Dimond spoke in favor of a three day suspension. a Councilmember Rettman spoke in favor of the matrix with a three day suspension. Councilmember Wilson said he could support a three day suspension if it were s stayed and Councilmember Goswitz agreed. Councilmember Long spoke in favor of the matrix with a three day suspension. Councilmember Sonnen withdrew her motion fora six day suspension. Councilmember Dimond moved that the orivate club license be susoended for three ,1 consecutive days starting the first business day after Publication of the resolution. Roll call on the motion. Adopted Yeas - 5 (Dimond/Long/Rettman/Scheibel/Sonnen) Nays - 2 (Goswitz/Wilson) - ire 132 - March 9, 1989 i c — a a x a J the Nakoyah Jaoanese Restaurant located at 1569 W. University Avenue. Councilmember Scheibel said there has been a request from the owner, that this i E i x Laid over to AOril 4th. Councilmember 'Dimond 'moved that themeeting'be'adjourned: Adopted ,, Yeas - -7 Nays - D A D J'O U R N E D •A T 11:45'A.M. March 9, 1989 i 32. Report of the Administrative Law Judge including Findings of Fact, Conclusions f and Recommendations in the matter of adverse hearing involving licenses held by f the Nakoyah Jaoanese Restaurant located at 1569 W. University Avenue. Councilmember Scheibel said there has been a request from the owner, that this hearing be laid over to April 4th. Phil Byrne said he was aware -of the request and he explained the need for an i interpreter who will be oresent at the hearing on the April 4th. Laid over to AOril 4th. Councilmember 'Dimond 'moved that themeeting'be'adjourned: Adopted ,, Yeas - -7 Nays - D A D J'O U R N E D •A T 11:45'A.M. Cound.1 Presluent ATTEST: Cooies sent to CouncilmembersJ� Minutes approved by Council' h -odo'� lJ l� ZY er o:ank _ 7 -133- MINUTES OF THE COUNCIL 9:00 A.M March 14, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 5 - Councilmembers GDswitz. Long, Rettman, Sonnen, President Scheibel. Absent - 2 - Councilmember Dimond (excused) and Wilson. — ORDINANCES 2. Final Adoption - 89-30B - An ordinance amending Chapter 86 of the Administrative Code pertaining to signing of contracts, deeds, bonds and checks by Droviding that execution of any contract in the amount of $50,000 or more by the Human Rights Director is not required when the person or entity the City is contracting with have five or less full time employees. (Finance Committee recommends approval as amended) Councilmember Long moved approval of the ordinance. Adopted. Yeas. - 5 Nays - 0 Ord. #17636 1. Final Adootion - 89-1 - An ordinance amending Chapter 4G4 of the Legislative Code pertaining to private clubs and adding a nondiscrimination provision. (Community & Human Services Committee recommendsapproval) Jane McPeak, City Attorney, gave a report. Councilmember Rettman said all the Private Clubs received notice. Councilmember Rettman moved approval of the ordinance. Adooted: Yeas - 4 Nays - 1 (Goswiti) Ord. #17637 3. Final Adootion - 89-621 An ordinance amending Chaoter 111 of the Administrative Cade pertainingg to Ethical Practices Board by changing the name from'�Election Board to Ethical Practices Board: Laura Platt, a` representative of Common Cause,'aooeared and read astatement pertaining to filing fee and the need for educatipn and answered questions of Councilmember Long referred to a letter of the Mayor which supports the Council. ordin After discussion of the ordinance, Councilmember Long requested a one week lay over. Councilmember Scheibel said the ordinance should be laid over -to Thursday to consider budgetary questions: ' Councilmember Rettman said this is a good idea and a chance to read the Mayor's letter. Councilmember Long moved the ordinance be laid over to Thursday. Roll call on the motion.' Adooted. . . Yeas - 5 Nays - 0 Laid over to March 16th for Final Adoption. 4. First Reading - 89-425 - An ordinance amending Chapter 15 of the Administrative Code pertaining to meetings of the Council, Committees, Boards and Commissions by deleting notice' requirements that conflict with state law. (FOR REFERRAL TO THE RULES & POLICY 'COMMITTEEI Councilmember Rettman askedd for a good staff report after the ordinance is referred from Committee. Referred to the Rules & Policy Committee. - 134- . L � f 6 MINUTES OF THE COUNCIL 9:00 A.M March 14, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 5 - Councilmembers GDswitz. Long, Rettman, Sonnen, President Scheibel. Absent - 2 - Councilmember Dimond (excused) and Wilson. — ORDINANCES 2. Final Adoption - 89-30B - An ordinance amending Chapter 86 of the Administrative Code pertaining to signing of contracts, deeds, bonds and checks by Droviding that execution of any contract in the amount of $50,000 or more by the Human Rights Director is not required when the person or entity the City is contracting with have five or less full time employees. (Finance Committee recommends approval as amended) Councilmember Long moved approval of the ordinance. Adopted. Yeas. - 5 Nays - 0 Ord. #17636 1. Final Adootion - 89-1 - An ordinance amending Chapter 4G4 of the Legislative Code pertaining to private clubs and adding a nondiscrimination provision. (Community & Human Services Committee recommendsapproval) Jane McPeak, City Attorney, gave a report. Councilmember Rettman said all the Private Clubs received notice. Councilmember Rettman moved approval of the ordinance. Adooted: Yeas - 4 Nays - 1 (Goswiti) Ord. #17637 3. Final Adootion - 89-621 An ordinance amending Chaoter 111 of the Administrative Cade pertainingg to Ethical Practices Board by changing the name from'�Election Board to Ethical Practices Board: Laura Platt, a` representative of Common Cause,'aooeared and read astatement pertaining to filing fee and the need for educatipn and answered questions of Councilmember Long referred to a letter of the Mayor which supports the Council. ordin After discussion of the ordinance, Councilmember Long requested a one week lay over. Councilmember Scheibel said the ordinance should be laid over -to Thursday to consider budgetary questions: ' Councilmember Rettman said this is a good idea and a chance to read the Mayor's letter. Councilmember Long moved the ordinance be laid over to Thursday. Roll call on the motion.' Adooted. . . Yeas - 5 Nays - 0 Laid over to March 16th for Final Adoption. 4. First Reading - 89-425 - An ordinance amending Chapter 15 of the Administrative Code pertaining to meetings of the Council, Committees, Boards and Commissions by deleting notice' requirements that conflict with state law. (FOR REFERRAL TO THE RULES & POLICY 'COMMITTEEI Councilmember Rettman askedd for a good staff report after the ordinance is referred from Committee. Referred to the Rules & Policy Committee. - 134- . L � f March 14, 1989 5. First Reading - 89-426 - An ordinance repealing Section 409.24(3) of the Legislative Code pertaining to the three year term of gambling managers. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. APPLICATIONS - COMNICATION 6. Letter of the Mayor's Office announcing a vacancy on the Anti Drug Task Force. Filed. C.C. #13112 7. Letter of M. Ben Merriewether requesting an extension of time to complete work at 856 Edmund as granted by C.F. 88-1681. There was discussion about committee referral and completion time. Councilmember Long moved the item be laid over for Jan Gasterland, Building Inspection, to be present for an update and to' answer "questions concerning this item. Laid over to Thursday, March 16 Adopted. Yeas - 5 Nays - 0 B. Summons and Complaint in the matter of Hill Plaza Associates vs the City of St. Paul et al. Referred to the City Attorn'ey's office. CONNITiEE REPORTS 9. Second Reading - 89-309 - An ordinance amending Section 38.07 of the Administrative Code oertaining to payment of severance pay and allowing payment in'lumo sum or annual installments. (Finance' Committee recommends aoohoval) Laid'6er to March 76th for Third Reading. 10. Resolution - 89-281 - Establishing the' rate of Day' for Duplicating Equipment Operator in Grade 29, Section ID2 in the Salary Plan and Rates of Compensation Resolution. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Long moved a.p0oval of the resolution. Adopted. Yeas - 5 Nays - 0 11. Resolution - 89-266 - Amending the 1989 budget by adding $54,089 to the Financing & Spending Plans for Housing Information Office Data Processing. (Finance' Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted.. Yeas - 5 Nays - 0 12. Resolution - 89-260 - Amending the 1989 budget by adding $59,519 to the Financing & Spending Plans for assessment service "charge storm sewer construction. (Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted. Yeas - 5 Nays - 0 13. Resolution - 89-262 - Amending the 1989 budget by adding $830,617 to the Financing and Spending Plans for Public Works Engineering Fund for City Recycling Program. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution Adapted. Yeas - 5 Nays - 0 14. Resolution - 89-362 = Amending "the "1989'budget b -adding $96,000 to the Financing & Spending Plans City Wide Data Processing Fund for City Council Data Processing System and Local Area Network.' "(Fi'nance Committee recommends a nnmval 1 .. March: 14, 1989 15. Resolution - 89-263 - Amending the 1989 budget by adding $4,100 to the. Financing &-Spending Plans 'or Police General Training for purchase of pistols. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. �y Adopted. Yeas - 5 Nays - 0 _ 16. Resolution - 89-264 - Amending the.1989 budget.by transferring $4,100 from Police Soecial Projects Resoonsive Services to Police General Fund. Training Unit fort he.ourchase of pistols. (Finance Committee recommends aooroval) Councilmember Long moved .approval of the resolution, Adopted. Yeas - 5- Nays - 0 17. Resolution - 89-265 - Amending the 1989 budget by transferring $54,089 to the Financing & Spending Plans .for Housing Information Office Data Processing. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 18. Resolution - 89-284 - Amending .the 1989 budget by transferring $6,923 from Contingent Reserve to Community Services. for Recreation Center Programming. (Finance Committee recommends aooroval) I Councilmember Long moved aooroval of the resolution. _ Adopted. Yeas - 5 Nays - 0 19. Resolution - 89-51 - Approving the appointments by the Mayor of Kevin Kajer, Sam Verdeja and Barbara ,Wencel and the reappointments of Frank Horak, Robert Van Hoef, Dr. Earl Miller; Sr., Gladys Morton, Gary Park and Kathleen Zieman to serve as members of the St. Paul Planning Commission. (Community & Human Services Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted.- Yeas - 5 Nays - 0 NEW BUSINESS - RESOLUTIONS 20. Resolution - 89-427 - Amending the to y OProg (FinancinFOR REFER& SpenTO dingfor St. COMMITTEE)au98PoliceeEmployee Assistance ame ingFPlans Referred to the Finance Committee..- 21. Resolution - 89-428 - Amending the 1985 CIB budget by transferring $341,725.71 from Curtice/Mt. Hooe/Andrew Project to Residential Sidewalk Reconstruction. i (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 22. Resolution - 89-429 - Amending C.F. 84-632 adooted May 17, 1984 and ,aoprovin St. Paul's Assessment Policy regarding construction and reconstruction of " sidewalks. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) A\ 23. Resolution - 89-430 - Approvinq projects of the eleventh cycle NPP Program and extending appreciation to all applicants. ((FOR REFERRAL TO THE .HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to,the Housing &Economic Development Committee. 24. Resolution - 89-431 - Approving acquisition of 50 large family units of low rent housing by the Public Housing Agency of the City with the PHA to make every good faith effort to locate as least 50percent of the units in Council Districts with less than. 10 percent of the total PHA units. (FOR ACTION) March: 14, 1989 15. Resolution - 89-263 - Amending the 1989 budget by adding $4,100 to the. Financing &-Spending Plans 'or Police General Training for purchase of pistols. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. �y Adopted. Yeas - 5 Nays - 0 _ 16. Resolution - 89-264 - Amending the.1989 budget.by transferring $4,100 from Police Soecial Projects Resoonsive Services to Police General Fund. Training Unit fort he.ourchase of pistols. (Finance Committee recommends aooroval) Councilmember Long moved .approval of the resolution, Adopted. Yeas - 5- Nays - 0 17. Resolution - 89-265 - Amending the 1989 budget by transferring $54,089 to the Financing & Spending Plans .for Housing Information Office Data Processing. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 18. Resolution - 89-284 - Amending .the 1989 budget by transferring $6,923 from Contingent Reserve to Community Services. for Recreation Center Programming. (Finance Committee recommends aooroval) I Councilmember Long moved aooroval of the resolution. _ Adopted. Yeas - 5 Nays - 0 19. Resolution - 89-51 - Approving the appointments by the Mayor of Kevin Kajer, Sam Verdeja and Barbara ,Wencel and the reappointments of Frank Horak, Robert Van Hoef, Dr. Earl Miller; Sr., Gladys Morton, Gary Park and Kathleen Zieman to serve as members of the St. Paul Planning Commission. (Community & Human Services Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted.- Yeas - 5 Nays - 0 NEW BUSINESS - RESOLUTIONS 20. Resolution - 89-427 - Amending the to y OProg (FinancinFOR REFER& SpenTO dingfor St. COMMITTEE)au98PoliceeEmployee Assistance ame ingFPlans Referred to the Finance Committee..- 21. Resolution - 89-428 - Amending the 1985 CIB budget by transferring $341,725.71 from Curtice/Mt. Hooe/Andrew Project to Residential Sidewalk Reconstruction. i (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 22. Resolution - 89-429 - Amending C.F. 84-632 adooted May 17, 1984 and ,aoprovin St. Paul's Assessment Policy regarding construction and reconstruction of " sidewalks. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 23. Resolution - 89-430 - Approvinq projects of the eleventh cycle NPP Program and extending appreciation to all applicants. ((FOR REFERRAL TO THE .HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to,the Housing &Economic Development Committee. 24. Resolution - 89-431 - Approving acquisition of 50 large family units of low rent housing by the Public Housing Agency of the City with the PHA to make every good faith effort to locate as least 50percent of the units in Council Districts with less than. 10 percent of the total PHA units. (FOR ACTION) Councilmember.Rettman moved aooroval of the resolution. Adopted. Yeas - 5 Nays - 0 -136- t - 1 ry l ` March 14, 1989 Y 25. Resolution --89-432 - Requesting the State Charitable Gambling Control Board to u e allow use .of gambling funds -to cover expenses fortheteam sponsored by the Johnson Area Hockey Association participating in the International Tournament in Jaoan and supporting the United States Amateur Hockey Association hosting a tournament in 1990 at Aldrich Arena. (FOR ACTION) Councilmember Goswitz passed information on this. U�t^ yy� tr i as Paul Harvey, a representative of Johnson Area Hockey Assoc. appeared and " answered questions of Council and asked for support of Council. § Councilmember Sonnen.said she feels the City shouldn't tell State Gambling how t " to use their funds and asked.to have the -first resolve deleted. g* Joe Carchedi, License Insoector, aooeared and stated the License Division has no authority to approve or disapprove State Charitable Gambling funds. €! After further discussion, Councilmember Long moved the resolution be laid over State Board. to. Thursdayandto check with .Gambling. Roll call on motion. Adopted. Yeas - 5 Nays - 0 Laid over to Thursday, March. 16, 1989. ( 26. Resolution - 89-433 - Supporting H.F.. 287/S.F. 306 pertaining to the, Gateway Segment of the Willard,Munger.Trail for outdoor recreational opportunities and urging the Legislature to appropriate $2.5 million for its development. (Legislative Committee recommends aooroval) . Councilmember Rettman moved aoprovai of the resolution. Adopted. Yeas - 5 Nays - 0 l 27. Resolution - 89-434 - Authorizingg payment of $2,000 to Leslie Samborski from the Tort Liability fund in full settlement of her claim. (FOR ACTION) Councilmember Goswitz moved.approva7 of the resolution. Adopted. Yeas - 5 Nays - 0 FrsJ r 28. Resolution - 89-435 - Approving assessment for improving Kasota Avenue/Energy date Park Drive from 700 ft. west of Snelling to Raymond, and setting of Public hearin for Aoril 18, 1989. Councilmember Rettman moved approval of the resolution. Adopted._ Yeas - 5 Nays - 0 29. Resolution - 89-436 - Abproving assessment for the construction of water main in Kasota Avenue/Energy Park Drive from 700 ft. west of Snelling to Raymond, and setting date of public hearing for April 18, 1989. Council member Rettman moved approval of the resolution. Adopted. Yeas - 5 Nays - 0 30. Resolution - 89-437 - Approving assessment for storm sewer service stub connections as requested by property owner for benefit of the Space Center in the property located on Prior. near University connection with Snelling/University Area Storm Sewer. Project, and setting. date of public hearing a for April 18, 1989. i3� a Councilmember Rettman moved aooroval of the resolution. Adopted. Yeas - 5 Nays - 0 PUBLIC HEARINGS 31. Resolution - 89-438 - Orderingthe repair or .demolition of property located -at ry 581 W. University Avenue. < Y+_ No one appeared in opposition. Steve Roy, Housing Code Division, a staff report. gave if Steve Roy said a Councilmember Rettman asked PED had looked at this and notice was sent but there was no resoonse about interest. She also asked .Jane McPeak, City Attorney, if there is a way to have tax forfeited property back into 4 circulation and moved for a one week lay over. t ;i (Discussion continued on following page.) t -137- . - _ S ` March 14, 1989 Discussion continued from orevious oage.) Jane McPeak, City Attorney, said she would refer this to a Real Estate attorney a a for a reoort. '€ After further discussion, Councilmember Scheibel requested a one week la over q Y for a reoort from the City Attorney. Roll call. Adopted.Yeas - 5 Nays - 0 Laid over to Tuesday, March 21, 1989. 32. Final Order - 89-389 - Condemning and taking permanent utility easements for the Sylvan/Acker Combined Sewer Seoaration Droject. (Laid over from March 7th) Councilmember Rettman said the Final Order is now as originally proposed. Scott Heiderich aooeared in su000rt of the order. Larry Smith, owner of property affected, questioned staff and Council and said he did not approve of the order and his property value would be reduced if -' - easements are out in place. Mary Sorvala, consultant for Public Works, aooeared and answered questions. After further discussion Councilmember Rettman moved annroval of the order. Adopted. Yeas - 5 Nays -" u 33. Resolution - 89-439 - Aooroving application for the renewal of Class A Gambling License aoolied for by G.I.V.E., Inc. dba Custom Contracts and Services, Inc., located at 1324 E. Rose. No one appeared in opposition. F Councilmember Rettman moved aooroval of the resolution. Adopted. Yeas - 5 Nays - 0 34. Resolution - 89-440 - Aooroving anolication for the renewal of Class A Gambling i ,•: License applied for by the Holy Childhood Women's Club located at 408 Main i . Street. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted. Yeas - 5 Nays - 0 35. Resolution - 89-441 - Approving aoolication for the renewal of Class A Gambling License aoolied for by the Rice Lawson Booster Club located at 1079 Rice Street. No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adooted. Yeas - 5 Nays - 0 36. Resolution - 89-442 - Aooroving aoolication for General Reoair Garage License aoolied for by Daniel Johnson and David Christenson dba Midway Truck Service located at 1047 Raymond Avenue. No one aooeared in opposition. Councilmember Sonnen said St. Anthony Community Council requested the resolution be laid over until after their meeting of Aoril 12th. Christine Rozek, License Division, said the applicant was displaced and answered questions of Council PON V After further discussion, Councilmember Sonnen moved the resolution be laid over I .4 April 4, 1989. weecalks �kt7 illi — Adopted. Yeas - 4 Nays - 1 (Rettman) Laid over to Aoril 4, 1989. max. ;5 - 1 37. Resolution - 89-443 - Aooroving application for the renewal of various On Sale _____ Wine and supporting Class III licenses as listed. firi r No one aooeared in 0000sition. Councilmember Scheibel read a memo of Councilmember Dimond requesting the license of Dayton's Bluff Lounge be pulled at this time and requested it be laid 4 over. (Discussion continued on following page.) -138- �h I' 0;' _r March 14, 1989 (Discussion continued from previous page.) After discussion, the license of Dayton's Bluff Lounge was laid over eight weeks to May 9th. I Councilmember Long asked the license of Restaurante Luci be laid over two weeks to March 28. Jane McPeak, City Attorney and Christine Roiek, License Division,answered qquestions of Council. Councilmember Rettman moved approval of the resolution with deletions. Roll call. Adopted. Yeas - 5 Nays 0 Councilmember Rettman moved that the meeting be adjourned. A D J�0 U� R N E D AT 10:45 A.M. d ouncl i President . , ATTEST: Copies sent to Councilmembers ''+�-P�/ Minutes aboroved by Council �ABO:LAr R a MINUTES OF THE COUNCIL 9:00 A.M MARCH 16, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 6; Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen Absent - 1-`Councilmember'Wilson-(excused), PUBLIC HEARING 27. Resolution - 89-458 - Approving application for State Class D Gambling License applied for by Minneoaul Athletic Association for the Deaf; Inc. located at 1824 Marshall No one appeared in opposition. Councilmeinber Rettman moved'aoproval of the resolution. Adopted Yeas - 6 Nays- 0 APPLICATIONS-'COWNICATION - 1. Claim 'of Bruce Bjornson, 2D41 E. Iowa, filed March 2, 1989, was read. Referred to the City Attorney's Office. Claim of Agnes Hutchings, 114 -12th Ave. S. #304, Hopkins, MN 55343, filed March 1, 1989, was read. Referred to theCity'Attorney's Officer Claim of Marten Lindquist, 1290 Randoloh, filed•March 1, 1989, was read. Referred to the City Attorney's' Office: Claim of Delores Tatro (Gary LaFleur, attny.) filed March 2, 1989„was read. Referred to the City Attorney's Office. 2. Documentation and communication of Sharon Anderson.' Referred to the City Attorney's Office: (CC #13113) 3. Administrative Orders D-10149 through D-10152 were noted as on file in the City Clerk's Office. COMMITTEE REPORTS' 4. Second Reading - 88-1827 - An ordinance amending Chapter 412 of the Legislative Code pertaining to Massage Parlors. (Community, & Human Services Committee recommends aooroval as amended) Councilmember Rettman submitted amendments as requested by Committee. Sister Rosalind appeared and referred to some concerns she has. Councilmember ScFieibel noted that'the''Public hearing on this item will be held next week. Councilmember Rettman moved approval of the amendments. Roll call. Adopted Yeas - 6 Nays - 0. Laid over to March 21st for Third Reading. - 140 - i' 2 v i March 16, 1989 r 5. Second Reading - BB-1829 - An ordinance amending Chapter 414 of the Legislative Code pertaining to Massage Therapist. (Community 8 Human Services Committee u recommends approval) Laid over to March 21st for Third Reading. a 6. Second Reading - 89-228 - An ordinance amending Chanter 82 of the Administrative v Code pertaining to purchasing procedures' and public contracts and providing a 90-day limitation on excavation far combined sewer separation and street paving. `4 (Public Works Committee recommends aoorova)) z. Laid over to March'21st for Third Reading. s 7. Resolution'= 89-42 -' 'Establishing residential oermit parking on Lincoln between +dry Cleveland and Prior. (Public Works; Committee recommends resolution be r withdrawn) Councilmember Sonnen withdrew the resolution. _ .. q; Withdrawn. ;.. B. Resolution -89=217 - Authorizing orooer City officials to execute an agreement a with Ramsey County for the majority of funding for the Curbside Recycling ,w Program. (Public Works Committee recommends approval) Councilmember Goswitz moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 E.. 9. Resolution - 89-267 - Authorizing orooer City officials, to, three yyear: . renewal lease agreement with Metalcote Grease and Oil Company for vacant land " i located near Randolph, Webster and Erie for parking. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted .., _ Yeas - 6 _. ., Nays - 0 + "3 10. Resolution - 89-232 - Approving the expansion of Joint powers Agreement with the State of Minnesota to include surplus disposal and 'resource recovery:' (Public Works Committee recommends approval) Councilmember Goswitz moved aporova of the resolution. Adopted Yeas - 6 Nays - 0 NEW BUSINESS -RESOLUTIONS 11. Resolution - 89-444 - Amending the 1987 and 1989 CIB budgets by transferring $35,100 from 1987 Signal Installation's to 1989 Lafayette and Grove Traffic Signal. (FOR ACTION) Councilmember Rettman moved.aouroval of the resolution. Adopted Yeas - 6 Nays - 0 12. Resolution - 89-445 -Amending the 1987, 1988 and 1989 CIB-budgets by, 1 transferrin $74,900 from 1987 Signal Installations to Lafayette and "Plato Signal. (FOR ACTION) Councilmember Goswitz moved aooroval of the resolution. + w Adopted Yeas - 6 Nays - 0 13. Resolution- 89-446 -Amending the. 1985 CIB budget by transferring $68,963.32 r from Contingency to Raymond Bridge,. Manvel to Nasota. (FOR REFERRAL TO THE a PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 14. Resolution - 89-447 - Approving the reappointment by the Mayor of Mary Hayes to serve on the St. Paul Affirmative Action Advisory Committee. (FOR ACTION) Councilmembers Dimond and Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 - 141 - .•4 7 y H�, d March 16, 1989 15. Resolution - 89-448 - Directing oruoer City officials to return swimming ` admission and lesson fees to the 1987 level effective June 1 -September 4, 1989. ` ^ FOR ACTION) _ Councilmember Scheibel said he has received many phone tails on this item. He l s said he spoke with Bob Piram who stated there is no budget impact, and that the Mayor's Office ;is insuopor-t.of this resolution.. k v �zl Councilmember Rettman moved amoroval of the resolution. Upon ,question of Councilmember Sonnen, Vic Wittgenstein of the Parks Department aopeared and explained the fees. Councilmember Dimond said he will su000rt the resolution but he spoke of his , concern of municipal pools not located on the East of St. Paul Councilmember Rettman said her committee is in the of of reviewing the z4 Parks system and she will include concerns of Councilmember Dimond. Upon ,question of Councilmember Long, Mr. Wittgenstein referred to the difference io temperatures of summers in 1986-1988. Councilmember Goswitz spoke, in su000rt of the resolution and also expressed eP .,. concern of no cools located on the East Side. Councilmember Sonnen spoke in su000rt of the resolution. Councilmember Rettman called the question. Roll call. Adooted Yeas - 6 Nays - 0 16. Resolution ,- -89-449„-.Authorizing the Mayor to apply for and accent Special � Grant Funds from the United States or the State of Minnesota for the ouroose of conducting special investigations, monitoring ,the usage of said fund and r4. > rendering accounts as needed to the expenditure of such funds.. (FOR ACTION) a i ' Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 ti"rfi x.. i 17. Resolution - 89-450 - Sumoorting the joint Community Services Division and Police Deoartment's 'Park Security Program and encouraging its full imolementation. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community.& Human ,Services Comnittee. 18. Resolution - 89-451 - Accepting funds and assistance from the Fourth District V.F.W. to engrave names of veterans at Veterans Memorial Hall and directing work to be accomolished under suoervision of the Joint City Halt Court House Committee and Ramsey County. Director of Property Management. (FOR ACTION) Upon request of Councilmember Rettman this resolution was referred to Committee. Referred to, the Finance Committee. 19. Resolution- 89-452 - Directing oroper City officials to deposit $50.00 honorarium to Councilmember.Retiman in the general fund and extending appreciation to the Aloha Zeta Chapter of Delta Kappa Gamma and requesting �,4{{ administration to allocate said honorarium in the Housing Information account for use by the City's, Housing -Information Office. (FOR ACTION) Councilmember Rettman moved amroval of the resolution. Adopted Yeas - 6 Nays - 0 6�¢e4 iR b 20. Resolution - 89-453 - Authorizing proper City officials to execute a quit claim a„ deed for property described as Lot 9, Blk. 28, Rice and Irvine's Addition to clarify ambiguous property description and permit the purchaser to obtain title z4 z insurance. .ICOR ACTION). Councilmember Goswitz moved aouroval of the resolution. "'£ 7 Adopted Yeas - 6 Nays, 0 } 142 - f March 16, 1989 21. Resolution - 89-454 - Suspending for three consecutive days Private Club, Entertainment, Restaurant and Private Fuel Pumo Licenses held by the Hillcrest Country Club, Inc., located at 2200 Laroenteur Avenue. (FOR ACTION - Hearing held March 9th) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 1 (Goswitz) 22. Preliminary Order - 89-455 - Constructing sanitary sewer and service connections in Hall Lane from Delos Street to 350 ft. north of Delos Street, and setting date of public hearing for May 2, 1989. Councilmember Rettman moved aooroval of the order. Adopted Yeas 6 Nays - 0 23. Resolution - 89-456 - Aooroving assessment for acquisition of Permanent utility and temporary construction easements for the Flandrau/Case Area Storm Sewer Project; -and setting date of oublic hearing for Aoril 25, 1989.- Councilmember Rettman moved aooroval of the order. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 26. Resolution - 89-457 - Aooroving application for the renewal of State Class B Gambling License applied for by the Attucks Brooks American Legion Post @606 located at 976 Conpordia. No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 28. Resolution - 89-459 - Aooroving aoolication for Massage Therapist License applied for by Sher A. Blair dba Janos.Takacs European Therapeutic Sports Massage located at 1619 Dayton Avenue. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. . Roll call. Adopted Yeas - 6 Nays -.0 30. Resolution - 89-461 - Approving application for Parking Lot License with conditions applied for by Oonearle Parking dba Donearle located at 555 Wabasha. No one aooeared in ooposition. upon request of Councilmember Rettman, Councilmember Scheibei read the conditions of the aoolication and said the aoolicant is in agreement to them. Councilmember Rettman moved approval of the resolution with the conditions. AdoptedYeas - 6 Nays - 0 31. Resolution - 89-462 - Aooroving with conditions aoolication for Second. Hand Dealer General License applied for by Matt's Antiques located at 2029 Grand Avenue. No one aooeared in opposition. Roll call. Adopted Yeas 6 Nays - 0 24. Resolution - 89-414 - Denying application for Class B Gambling Location License applied for by Viner and Baker, Inc. (James Viner, Pres.) dba The Palomino Club located at 2181 Suburban Avenue. (Laid over from March 9th) Christine Rozack of the Licensing Division appeared and distributed a memo from the Police Deoartment outlining the number of types of calls made last year to the Palomino Club. Chris Van Horn of the Licensing Division aooeared and said the number of calls made is relatively small for this type of establishment and she made similar comparisons to other establishments. (Discussion continued on following page) - 143 - a a , March 16, 1989 (Discussion continued from orevious nage) Councilmember Dimond referred to and read a letter of residents in opposition to this and the following resolution. Donna Harris„ 2140 Suburban', appeared and distributed a petition in opposition to the gambling location license and she spoke in 0000sition. Glen Anderson of People, Inc., aooeared and said the Council needs to take a broad public -view .on this issue and he said denying these licenses will not change the events. Councilmember Scheibel said never before has a District Council aooeared in 0000sition or a neighborhood submitted a Petition in opposition for gambling licenses. Upon questions of Councilmember Dimond, Mr. Anderson said he checked into the background and history of this establishment and the. neighborhood and that he did attend. District Council meetings. Ann Cieslak, District 1 Community Organizer, appeared and urged Council to deny these licenses. No one else aooeared. Councilmember bimond moved that the public hearing be closed. Adooted Yeas - fi Nays - 0 Councilmember Rottman said she is torn on this issue. Upon question of Councilmember Scheibel, Chris Van Horn said some bar owners say oull tabs are a service to their, already -established customers. bouncilmember Dimond stated some bar owners also say they have Dull tabs to increase their business. He sooke in support of upholding the neighborhood residents who are requesting: no changes be made to these licenses in the next nine months and he moved 'denial of this and the following resolutions. Councilmember Long sooke in support of the denying the resolution. Councilmember Rettman said neighborhoods need to be protected and she understands their concerns but she also exoressed concern for People, Inc, and stated denial of the resolution is rot -a vote against them. Councilmember Scheibel agreed to Councilmember Rottman's comments and suggested District 1 work with People, Inc. for a location and he said he will support the motion fora denial _ .: . Councilmember Goswitz.also sooke in support of the motion. RoIL call on the motion to deny this and the following related resolution. Adopted Yeas - 6 Nays - 0 25. Resolution - 89-415 - Denying aoolication for Gambling Managgers License aoolied for by Pamela Markusen dba .Peoole, Inc. _at The Palomino Club located at 2181 Suburban Avenue. (Laid over from March 9th) (See discussion above) Adooted Yeas - 6 Nays - 0 29. Resolution - 89-460 - Approving with condition application for the transfer of Off Sale Liquor License and Original Containerlicense currently issued to Kappy's Liquor, Inc. dba Kapoy'.s located at 345'Wabasha (Louis Kaolan and Reuben Kaplan, Stockholders) to 'Kappy's Liquors, Inc. dba Kapoy's (Louis Kaplan and Steohen Kaplan, officers; and Louis Kaolan and Mitchell St. George, stockholders) located at the same address. Chris Van Horn stated the aDDI.icant agrees to the conditions of the application. After some discussion, Councilmember Rottman requested this item be laid over one week. Roll call on the motion. Adooted Yeas - 6 Nays - 0 Laid over to March 23rd. J - 144 - 3 rig a 3y, March 16, 1989 ADDITIONAL ITEMS Final Adoption - 89-621 - An ordinance amending Chapter 111 of the Administrative Codepertaining to Ethical Practices Board by changing the name from Election Board .fa Ethical Practices Board. (Laid over from March 14th). Councilmember Sonnen referred to and explained amendments to pages 3 and 4. Councilmember Long referred to a letter he received in support of the ordinance. Roll call on the amendments. Adopted Yeas - 6 Nays - 0 Laid over to March 23rd for Final Adoption. Letter of M. Ben Merriewether requesting expansion of time,to complete work at 856 Edmund as granted by C.F. 88-1681.. `Laid over from March 14th) Jan Gasterland aooeared and said Mr. Merriewether is actively working on his house and substantial, improvements have been made. a S'... Councilmember Scheibel noted that Councilmember Wilson is in favor of the extension. There was considerable discussion and Ed Starr stated as long as the Council affirmed a decision by the Planning Commission the Council can place time limits on the extension to be granted and that the Zoning Administration should draft a resolution noting the extension. Councilmember Scheibel. requested staff to draft said resolution granting .the extension not to beyond June 1, 1989. go AJ Roll call. Councilmember Dimond stated he supports the motion reluctantly. Adopted Yeas - 5 Nays - 1 (Sonnen) Resolution -.89-432 - Requesting State Charitable Gambling Control Board to allow use of gambling funds to cover expenses for the team sponsored,, by the { Johnson Area Hockey Association oarticipating in the International Tournament in „+ Japan, and supporting the United States Amateur Hockey Association hosting a a tournament in 1990 at Aldrich Arena.- (Laid over .from March 14th) Councilmember Goswitz referred to amendments and stated he wants it to stay as is because the intent is to .consider conducting the tournament in 1990. Councilmember, Sonnen stated she has concern and feels the Cit Council should not be in the position to tell the Charitable Gambling Board what is legal, and what is not. Councilmember Long moved the resolution be amended by saying we support the efforts of the Association to play in the 1989 tournament in Japan. Ed Starr stated Councilmember Goswitz.came to his office to amend the resolution and Phil Byrne recommended the attached letter be incorporated into the resolution in order to not conflict with the State. Charitable Gambling Board. Councilmember Scheibel said he is comfortable with language of Councilmember Long. There was further discussion and roll call was called on the. amendments. Adopted Yeas - 6 Nays - 0 Roll call on approval of the resolution as amended. Adopted Yeas - 6 Nays - 0 Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ATTEST: A D J O U R N E D A T 11:00 A.M. Council Presi e� r y WerK Copies sent to Councilmembers f, /2 ; LA:omk Minutes approved by Council - 145 - #yp MINUTES OF THE COUNCIL 9:00 A.M 4`21, 199 COUNCIL CHAMBERSRCHCITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 5 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel d Absent 2 - Councilmembers Sonnen and 'Wilson(arrived at points during the meeting) } ORDINANCES q:7v' 1. Second 'Reading - 89-310 - An ordinance, amending Chapters 60 through 67 of the Legislative Code' pertaining to the regulation of colleges, universities and ;s ko seminaries. (Planning Commission recommends approval) Laid over to March 30th for Third Reading. 2. First Reading - 89-463 - An ordinance amending Chapter 28 of the Legislative f Code entitled "Campaign Contributions" to orovide for conformity. to state statute as to time limits for filing financial reports 'orior,to primary -and-• i' ` general elections. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) II Referred to`the`Rules & Policy Committee. r 3. First Reading - 89-464 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of Bruce Nelson located' at 1272-1276 Pt. Douglas Rd. S. from B-2 to R-1. (Hearing held February 23, 1989) Laid over to March 28th for Second Reading: 4. First Reading - 89-465 - An ordinance temporarily amending Ord. #13534 oertaining.to-One-Wayy-streets and adding Pinehurst', Westbound, from Kenneth to Cleveland. '`(FOR ACTION) Laid over to March 28th for Second Reading. APPLICATIONS - COWNICATION 5. Appeal of Patrick'Bouthilet to a Summary Abatement Order, for Property located at 1310 Taylor Ave. Councilmember Rettman-moved a date of Public hearing for Aoril 4, 1989. Adopted Yeas - 5 Nays - 0 (CC #13122) �- 6. Appeal of Rein Midway Limited Partnership to a Final Order for taking of easements for the Marshall/Hamlin Sewer Separation Project. Filed (attached to C.F. 89-170) 7. Letter of the Mayor's office announcing a vacancy on the Civil Service Commission. �n mr Filed (CC #13114) 8. Letter of District 2 Community Council pertaining to lack of opportunity for ttiLaw community input in licensebeing considered by Adminisrave matters Judges. . _......... _. .... Y Upon request of Councilmember Scheibel, this item was referred to the Licensing s k Committee for review and discussion. Referred to the Licensing Committee. (CC #13115) Councilmember Sonnen arrived at this point in the meeting. 146 - r - Y J March 21, 1989 lr r CO MITTEE REPORTS 9. Second Reading - 89-279 - An ordinance amending Section 140.07 of the Y Code 0e to insurance vuirements for v displayfixtures.xtures(Housing & Economic Deelopment Committee recommends wr approval) Laid over to March 23rd for Third Reading. t 10. Second Reading 88-1470 - An ordrnance'yranting non=exclusive franchise to Skycom Inc to own, operate and maintain advertising display fixtures in the pedestrian skyway system. (Housing & Economic Development Committee recommends aooroval) Laid over to March 23rd for Third Reading.. 11. Resolution - 89-327 - Approving the appointment by the Mayor of Ron Ankey to �+ serve on the Board of Aooeals and Review for the Housing Building and Fire Prevention Codes, term to expire November 12, 1991. `Housing & Economic Development Committee recommends aooroval) Councilmember Long moved aooroval of theresolution: -, Adopted Yeas - 6 Nays - 0 ? i, NEW BUSINESS = RESOLUTIONS 12. Resolution - 89466 - Aoprovin the issuance by the Minneapolis/Saint Paul single bonds Housing Finance Board of family mort8age revenue to finance the City's, 1989 Single Family Housing Program. (FOR ACTION) -h Councilmember Scheibel said this item was'di scussed yesterday at the HRA meetin: Councilgmember Dimond moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 ! Y� 13. Resolution - 89,-467 - Authorizing an agreement with Briggs & Morgan to provide professional services to the Deot, of Planning & Economic Development in developing and implementing its legislative program for 1989. (FOR REFERRAL TO THE FINANCE COMMITTEE) ' Referred to the Finance Committee. 14. Resolution - 89-468 - Authorizing the services of Arthur LaChaPelle as hearing officer, at the rate 'of $50.00 oer hour, relative to the complaint of Dulce deLeon, Dept. of Human Rights, ex. rel. Raeann Ruth vs. Como Northtown Credit =- Union. (FOR ACTION) Uoon question of Councilmember Rettman, City Attorney Ed Starr said this is a in the Legislative Code. straight-forward matter accordance with Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 6 Nays = 0 ref .. .. 1 15. Resolution - 89-469 Approving an agreement between Minnesota Deoartment of Transportation and the City" covering the cost, maintenance and operation of a traffic signal installation at T.H. 5 (Minnehaha) and Forest St. FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Comnittee. Councilmember Wilson arrived at this point in the meeting. s � s s ki S. -147- f 4. �N r .. � t March 21, 1989 W w 16. Resolution - 89-470 - Establishing the width of Prior Ave. between. Summit and . r 8 Marshall Ave. (Part of the Cleveland/Portland Area St. Paving &Lighting Project) to 34' with parking permitted on one side. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) }p*a I a Chris Nicosia of the Public ,Works Department appeared and said the neighbors are Y in.agreement with the width and he said there is a timeline on this item and it t has been given out to bids. Dennis Grogan, 1946 Dayton, appeared and said the residents have met since the ` variance was turned down and will not go forward with an aooeal but will focus their efforts :on obtaining .a traffic siggnal. in ,an effort to slow the traffic s g down and, he stated thatthe Department, of,Public..Works did a great job on this sPi oroject. Councilmember Sonnen moved to adopt this resolution with the issue of traffic iiyhts to be discussed in the Public Works Committee. Roll call on the motion. {. Adopted Yeas, -,7,- Nays - 0 plans, soecial',orovisions and specifications for k 17. Resolution - 89-471 - Approving , Blvd the improvement of a Part of Robert St. from Fillmore Ave. to Kellogg ! (FOR REFERRAL, TO THE. PUBLIC; WORKS, COMMITTEE) Referred.to the Public Works Committee. 18. Resolution - 89-472 - Aoorovin F,ina1, Plat for 1272-1276 S. Point Douglas Rd, (Hearing held February 23rd -FOR ACTION) Councilmembers Rettman and Dimond moved aooroval of the resolution. Adopted. Yeas - -7 Nays - 0 T;rti_ 19. Resolution - 89.473 -Proclaiming the week of March 24-31; 1989 as National Community Development Week. (FOR REFERRAL TO THE FINANCE COMMITTEE) Councilmember;,Dimond moved aooroval of the resolution. zr" Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS ' 20. Final Adootion - 89-10 - An ordinance amending Chapter 91 of the Administrative Code pertaining to. procedures-for.oublic hearings regarding public nuisances by establishing an average'servIce level of police responses to private orooerty at four in.a twelve-month, period and authorizing the City Attorney to commence ieggal action against the owner of ,private orooerty for unjust enrichment when police. responses.exceed level. (Housing & Ecormmic Develooment Committee refers to Council without recommendation- Laid over from March 7th) No one appeared in opposition. . Councilmember Wilson.said the City Attorney's Office is in the process of �i r drafting the amendments and he requested this ordinance be laid over one week in fr y order to receive those amendments. +� Councilmember Scheibel.suggested, laying the ordinance over until such time as the amendments are oreoared and then bringing it up under suspension at that r z: time.. He said he spoke with,Mayor on his -Possible veto of this ordinance and r the Mayor said: he is open to reviewing the amendments. axnTw'3, Laid over indefinitely to receive amendments. from, City Attorney. 21. Third Reading - 89-309 - An ordinance amending Section 38.07 of the + 1 Administrative Code pertaining to payment of severance Day and allowing payment ;�1 } in lump sum or annual installments. (Finance Committee recommends aooroval.) 7 No one, appeared in 0000sition. a )- Laid over•to March 28th. for Final Adoption. �3 + 148 - a I Y:: March 21, 1989 22. Third Reading - 89-1827 - An ordinance amending Chaoter 412 of the Legislative Code pertaining to Massage Parlors. (Community & Human Services Committee recommends aooroval as amended) No one aooeared in 0000sition. Councilmember Rettman said it should be noted all affected oersons were notified of this ordinance and oarticiRated in Committee and she said the amendments were adopted last week. Laid over to March 28th for Final Adootion. - 23. Third Reading - 89-1829 - An ordinance. amending Chapter 414 of the Legislative Code pertaining to Massage Therapist. (Community & Human Services committee recommends approval.) (See discussion above) Laid over to March 28th for Final Adootion. 24. Third Reading - 89-228 - An ordinance amending- Chapter 82 of the Administrative Code pertaining toourchasing procedures and public contracts and providing a 90 -day limitation on excavation for combined sewer separation and street Paving. (Public Works Committee recommends aooroval) _ Chris Nicosia of Public Works appeared and clarified-orevious statements made on the intent and upon question of Councilmember Sonnen referred to their definition of excavation. Councilmember Sonnen said she would Prefer all work on Public streets fall into this same category. Councilmember Rettman said her main concern is to make -sure -the asohalt surface is replaced and she stated that Paul McCloskey will review the language before the Final Adootion. Councilmember Lon •spoke in agreement with comments of Councilmember Sonnen and he said I nguage�does not include bridge work. Councilmember Goswitz said bridge construction was excluded from the 90 day limitation. - - Laid over to March 28th for Final Adootion. 27. Resolution - 89-438 - Ordering the repair or demolition of property located at 581 University Ave. (Laid over from March 14, 1989) Councilmember Scheibel'referred to a memo from Mary Tingerthal, Deputy Director of Housin88 in PED, reqquesting a layover to March 30th. Sheri Pemberton of PED aooeared and said Ms. Tingerthal-would•like this item before the Housing & Economic Development Committee' for ;discussion. Steve Roy aooeared and said there is'a policy issue that needs to be discussed. Councilmember Dimond moved that #he -public hearing be closed. Adooted Yeas - 7 Nays --0 Referred to the Housing & Economic Development Committee. 28. Final Order - 89-79 - Imoroving Palace Ave. from Lexington .Parkway to aooroximately 200 ft. eas$ of Lexington. Parkway. -(Public Works Committee recommends denial - Laid over from,February 14th) Al Olson referred to -a letter received Y from thePublicWorks Department requesting an indefinite layover until the letterofwaiver is received. Adopted Yeas - 7 Nays - 0- . Laid over indefinitely to be rescheduled at the time of public hearing on the waiver. 29. Final Order - 89-80-- Condemning and taking an easement in the landnecessary for slopes, cuts and fills in the grading and paving of Palace Ave. from Lexington Parkway to aooroximately 200 ft. east of Lexington Parkway. (Public Works Committee recommends denial - Laid over from February 14th) (See discussion above) Laid over indefinitely to be rescheduled at the time of Public hearing on the waiver. MEM ' March 21, 1989 xt 30. Final Order - 89-81 - Constructing water service connection from temoorary water main in Palace Ave. at Lexington Parkway to the east for property described as listed. (Public Works Committee recommends denial -Laid over from February 14th) (See discussion above) �I Laid over indefitely to be rescheduled at the time of public hearing on the waiver. 31. Final Order,- 89-82 - Gradingg and paving Montana from Arkwright to proposed cul- de-sac approximately 290 ft. west, also grade.and pave Nebraska Ave. from Arkwright St, west also construct a sanitary sewer and service connections in Nebraska Ave. (Laid over from February 14th - Laid over indefinitely in Public Works Committee) Councilmember Goswitz moved that the order be laid over indefinitely. x. Adopted Yeas - 7 Nays - 0 32. Final Order - 89-83 - Constructing water mains and water service connections in E. Nebraska from Arkwright to the Soo Line R.R. tracks ,and in E. Montana (Laid over from February 14th - Laid ,over indefinitely in Public Works Committee) Councilmember Goswitz moved.that,the order be.laid over indefinitely. Adooted Yeas - 7 Nays - 0 33. Final Order - 89-84 - Condemning and taking an easement in land necessary for slopes, cuts and fills in the. grading and paving of Montana and Nebraska Avenues. (Laid, over from :February 14th - Laid over indefinitely in Public Works Comni ttee ) Councilmember Goswitz moved that the order be laid over indefinitely. Adopted Yeas - 7 Nays - 0 34. Final Order - 89-87 - Opening and widening Montana and Nebraska and creating cul-de-sac as listed and condemning ,and taking a 15 ft. easement for sewer purposes., (Laid over ;from. February 14th - Laid over indefinitely in Public. Works Committee) Councilmember Goswitz moved that the order be laid over indefinitely. Adopted Yeas - 7 Nays - 0, 37. Final Order - 89-474 - Improving of Maryland Ave, between I-35E and Payne and Jessie from 200 ft. south to 100 ft, north of Maryland. (Public Works Committee recommends aooroval with caveat.) �.., Councilmember; Rettman said District 5 has requested a one week lay over in order ;. to be able to discuss this at their meeting tonight. David Nelson, 1195 Jessie-, appeared and said he believesDistrict 5 has had ample time to discuss this issue and he spoke in opposition to the widening of. Maryland Avenue as well as high valuation of property taxes. Councilmember Rettman referred to a recommendation of putting an overlay on Maryland and that District 5 was not aware of that recommendation and wanted to discuss it tonight and she said she will be in attendance at the meeting to.hear all concerns. She said the recommendation to not widen the street has not changed but that a one week lay over is aoorooriate. Councilmember Sonnen suggested closing the public hearing today because notice was sent out and she said next week District 5 can present their reoort. Peter White of the Valuation. Engineer's Office appeared and stated'he will meet with Mr. Nelson in respect to property taxes. Ray Sammons appeared and said' he' is the oast-Chair of District 5 Council and he said at that time there was repeated 0000si2ion to widening Maryland Avenue. No one else aooeared. moved that the public hearing be closed on this and the Collowin elated k, ) .r following related order. rde Adooted Yeas - 7 Nays - 0 i Laid over one week to March 28th. - 150 - t i March 21, 1989 38. Final Order - 89-475 - Condemning and taking an easement in land necessary for slopes, cuts and fills in the grading and paving of Maryland Ave. from 200 ft. west of Jessie to 200 ft. east of Jessie and on Jessie from 200 ft. south to 100 ft. north of Maryland. (Public Works Committee recommends approval with caveat) (See discussion above) Laid over one week to March 28th. 39. Resolution - 89-476 - Ratifying assessment for construction of sanitary sewer in Idaho Ave. from Arundel St. to Cumberland. (Public Works Committee recommends approval) No one auoeared in opposition. Councilmember Rettman moved aooroval of the resolution. Ad. .t.d Yeas - 7 Nays - 0 40. Resolution - 89-477 - Ratifying assessment the for installation of water main in Arundel St. from Lawson Ave, to 110 ft, south of Lawson Ave. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays.- 0 41. Resolution - 89-478 - Ratifying assessment for the construction of sanitary 9 sewer.on-Cottagge Ave. from Dale St. to the east, 190 ft. more -or -less - oart of F the .Dale/Hoyt Area Sewer System. (Public Works Committee recommends aooroval) 4 Jerry Hovee appeared -representing the Parish of Maternity of Mary and he referred to their assessment of the sanitary sewer and requested an adjustment. Peter White.aopeared and explained the two issues and -said the property presently used as a parking lot could be developed at some point and -he suggested noting on their records an advance oayment would be due if the property is developed to connect into the sewers -if the assessment is deleted. Mr. Hovee stated be was in agreement to that notation. Upon question of Councilmember, Mr. White said this is a standard Procedure. No one else aooeared. Councilmember. Rettman moved aooroval of the resolution with an amendment to delete the assessment for the church with an advance payment to be required if the property is developed and the sewer is accessed. Roll call. Adopted Yeas 7 Nays - 0 42. Resolution-- 89-479 - Approving application for a Massage Therapist License by Rita Vehline dba Sister Rosalind's Professional Massage Center at 734 Grand Ave. No one appeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 43. Resolution - 89-480 Approving application for renewal of various Off Sale Liquor Licenses as listed. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays 0 44. Resolution - 89-481 - Aooroving Off Sale Liquor License of E T Liquors dba E T Liquors at 610 Selby Ave. with conditions. No one aooeared in opppSition. Councilmember-Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 45. Resolution - 89-482 - Approving Off Sale Liquor License of North End Liquor Inc. dba North End Liquor at 951 Rice St. with conditions. No one aooeared in 00DOSition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 i - 151 - a March 21, 1989 46. Resolution - 89-483 - APoroving.Off Sale, Liquor License of Sun. Ray Liquor Store Inc, dba.Sun Ray Liquor. Store at. 2131: Hudson Rd. with conditions. No one aooeared in ooposition. Councilmember Rettmaii moved approval of the resolution. Adopted Yeas - 7 Nays - 0 25. Resolution - 89-386 - Ordering the repair or demolition of Property located at 270 University Ave. (Laid over from March 7th) Steve Roy appeared and.stated he has not heard from either party regarding their meeting or a resolve onthis or the following related resolution Dave Stokes of PED appeared and said the meeting did take place and he explained the terms.and conditions agreed upon for financing. Steve Roy suggested we continue with demolition proceedings. Councilmember Wilson moved approval of, the resolution. Roll call. Adopted Yeas - 7 Nays - 0 26. Resolution -.89-387 - Ordering the repair or demolition of Property located at 272 University Ave. (Laid over from March 7, 1989) (See discussion above Adopted Yeas - 7 Nays - 0 35. Final Order - 89-390 - Improving Minnehaha Ave. from White Bear to Hazel and Pedersen to McKnight.: (P.ublic Works Committee recommends approval with amendment to delete lighting - Laid over from March 7, 1989.) Ann Cieslak, Community- Organnzem. of District 1, and Ray Sammons, Community Organizer of District 2, aooeared and explained their polling Process of residents regardingg improving Minnehaha Avenue. Larry Zan9s, 1791 E. Minnehaha, aooeared and spoke in opposition to the widening stating the trees would be endangered, the boulevard is already very narrow and widening the street would leave no tree space and he referred to accumulated snow from plowing and shovelling. Councilmember Dimond spoke against widening and Councilmember Goswitz spoke in favor of widening. Councilmember Dimond moved to leave Minnehaha Avenue at 36 feet. Chris Nicosia of the Public Works Deoartment aooeared and said there will be sewer work in this section and he said he has spoken with Ed Olson of the Forestry Division who stated he is in agreement to replanting of trees. He said this street is very narrow especially in the winter and that Council needs to consider the drivers as well as residents. Councilmember Dimond stated that the major sewer work has already been done and he said there is no evidence that widening the street will benefit any safety factor and he stated he sooke with Mr. Burkholder of the Forestry Division who strongly feels trees should not be removed in this area. Paul St. Martin of Public Works aooeared to explain and compare accident statistics. Councilmember Wilson spoke in support of the motion. No one else aooeared. Councilmember Dimond called the question. Roll call on the motion to leave Minnehaha Avenue at 36 feet with the lighting to be omitted to be considered at a later date. Adopted Yeas - 6 Nays - 1 (Goswitz) 36.. Final Order - 89-391 - Constructing sanitary, storm and water service connections if requested for the Minnehaha Ave. Street Imorovement oro' t. (Public Works Committee recommends approval - Laid over from March 7, 1989.) See discussion above) Booted Yeas - 6 Nays - 1 (Goswitz) Councilmember Goswtiz left the meeting at this point. - 152 - 3- L� March 21, 1989 Councilmember 5onnen referred: to previous discussion of the- ,preparation of letters to be sent to athletic .tournament participants and shemovedthat it be aooroved. There was considerable discussion on whether staff should Prepare the letters with the mailing and also which budget this should be in. After discussion Councilmember Long said he will support the mailing with an amendment for Gerry Strathman to meet with the Budget Director with the cost to go through the Mayor's Promotional. Budget... Councilmember Sonnen>indicated agreement with -that amendment. Councilmember Wilson spoke:in.supoort of Councilmember Long's suggestion. Ro11 call.Councilmember Sonnen's motion as amended. Adopted Yeas - 6 Nays - 0 (CC #13116) Councilmember Rettman moved that the meeting be adjourned. -. Adopted Yeas - 6 Nays - 0 ADJOURNED AT 11:30A.M: uouncii rresiaens ATTEST: . /a Copies sent to Councilmembers Minutes aooroved by Council t yer .., ABO:pmk � t .ra'y^f / 31, MINUTES OF THE COUNCIL t 9.00 A.M MARCH 23, 1989 X•. Ja - COUNCIL CHAMBERS -CITY HALL &COURT HOUSE SAINT PAUL, MINNESOTA r' The meeting was called to order by President Scheibel at 9:05 A.M. ter; Present - 4 - Councilmembers Dimond, Goswitz, Rettman, Scheibel SSM Absent - 3 -Councilmembers Long, Sonnen and Wilson (Councilmember Long gaud Sonnen arrived at Points during the meeting) " } �,•` Councilmember Rettman'moved that the rules'be suspended,.to'consider 'an item not < on the agenda pertaining to A Plus Auto Parts located at 240 W. Sycamore. a; Roll call on the motion for suspension. Adopted Yeas -'4 Nays _ 0 Resolution - 89-542 - Approving application for Motor Vehicle Salvage Dealers .> Licensed applied for by A Plus Auto Parts & Recyclers located at 240 W. Sycamore. r' No one aooeared in 0000sition. Councilmember Rettnan moved aooroval of the resolution. " Adopted Yeas - 4 Nays - 0 Councilmember Goswitz moved that the rules be suspended to consider an item not on the agenda oertaining'to street improvements on 35E and I94 from Marion to 4 Robert Street and he said the resolution was heard and amended in Public Works _ i Committee. Roll call on the motion for suspension. Adopted Yeas - 4 Nays - 0 Councilmember Sonnen arrived at this point in the meeting. Resolution - 89-330 - Approving sewer work and bridge reconstruction on I-94 and 35E and agreeing to require all parking of vehicles if permitted to be parallel with the curb adjacent to said highway and at least 20 ft. from any 'crosswalk. Councilmember Goswitz explained further' the'amendment made in Public Works Committee and he moved approval of the resolution as amended. Roll call. Adopted Yeas - 5 Nays - 0 L ORDINANCES 2. First Reading - 89-485 - An ordinance amending Section 160.04 of the Legislative Code and amending Ord. No. 17457 adopted May 26, 1987, by extending the commercial vehicle parkin gg permit system for an additional year to June 6, 1990 Parking Meter Zones. (FOR REFERRAL TO THE PUBLIC COMMITTEE)' - WORKS Housing 3. Referred to the & Economic Development Committee. First Reading - 89-484 - An ordinance amending Section 167.01 of the Legislative Code Ord. No. 17456 -May the > and amending adopted 26, 1987,by extending vehicle narking permit system for to June 6, 1990 _�* commercial an additional year Parking Permits. REFERRAL TO THE' COMMITTEE)' }+ ar -Special (FOR PUBLIC WORKS Councilmember Sonnen said the Housing & Economic Development Committee has been y " working with City staff on this item already and upon her request this and the Drevious item were referred to the Housing & Economic Development Committee. Referred to the Housing & Economic Development Committee. a # -154- s 4. APPLICRTIONS - COMIUNICATION 4. Claim of Mark Alton, P.O. Box 10, Oak Park'Heights Prison, filed March 14, 1989, was read. Referred to the City Attorney's Office. Claim of Walter Benedict, filed March 9, 1989, was read. Referred to the City Attorney's Office. Claim of Walter Bruns,1315 Galtier, filed March 3, 1969, was read. Referred to'the City'Attorney's'Office. Claim of Walter Cantley, 903 W. Nevada, filed March 6, 1989, was read. Referred to the City'Attorney's'Office: Claim of Margaret Del Fiacco (Thomas Germscheid, attny.) filed March 9, 1989, was read. Referred to the City Attorney's Office. Claim of DDeeborah'F1ynn,941 E. 6th, filed March 8, 1989, was read. Referred to he City Attorney's Office. Claim of Juanita Garcia for Mark Garcia,filed March 10, 1989, was read. - Referred to the City Attorney's Office. Claim of 'Corrine Gilbertson (Bradley Smith, attny.) filed March 13, 1989, was read. - Referred to the City Attorney's Office. Claim of Joan Hanson,2051 E. Ivy, filed March 14, 1989, was read. Referred to the City Attorney'sOffice. Claim of Elizabeth Korkowski,69 N. Milton, filed March 6,'1989, was read. Referred to the City Attorney's Office. Claim of Johnnella Lewis,770 Ashland, filed March 13, 1989, was read. Referred to the City'Attorney's Office. Claim of Robert and Vivien Otto, 925 S. Snelling, filed March 14, 1989, was read. Referred to the City Attorney's Office. Claim of Hilary Pfleosen (Thomas Del Vecchio, attny.) filed March 14, 1989, was read. . Referred to the City Attorney's Office. Claim of Esther PooDin, 984 Tuscarora,_ filed March 7, 1989, was read. Referred to the'City Attorney's Office: Claim of Andrea Shelton, filed March 14, 1989, was read. Referred to the City Attorney's Office. Claim of Paul Stachowiak, 722 Wilson, filed March 13, 1969, was -read. Referred to the City Attorney's Office. Claim of James Theros (Gregory Boosali, attny.) filed March 7, 1989, was read. Referred to the City Attorney's Office. 7w 0 - 155 - 'i q i -156- March 23, 1989 Claim of Jeanne Valle, 750 N. Milton #106, filed March 13, 1989, was read. - Referred to the City Attorney's Office. � 3 Claim of William Young, 13528 Heather Hills Dr., filed March 9, 1989, was read. Referred to the City Attorney's Office. Claim of John Zappetillo,-2124.Grand, filed March 8, 1989, was read. Referred to the City Attorney's -Office. �?f 5. Summons and Complaint in the matter of Edwin Mario Hicks vs the City of St. Paul et al. Referred to the City Attorney's Office. & 7' 6. Letter of the Mayor's Office announcing a vacancy on the Private Industry IJ Council. ._ Filed (CC #13120) 7. Administrative Orders D-10153 through D-10180 were, noted as on file in the City Clerk's Office., .. ,. Later in the meetin Councilmember Long requested that Administrative Orders D- =10169, -10174, 10154, -10155, -10156, -10157, -10158, -10159,•-10162, and - 10180 be referred to the Finance Committee for review and discussion. . CONNITTEE REPORIS 8. Second Reading - 89-275-- An ordinance amending 'Section 4.02 of the St. Paul City Charter to require the publication of City Council minutes In the official newsoaoer. (Charter Commission recommends approval - Rules & Policy Committee recommends aooroval) j, Laid over to April 20th for Third Reading. 9. Second Reading - 89-276 - An ordinance amending Section 6.07 of the St. Paul Council City Charter by deleting the requirement for publication of resolutions in the official newsoaoer. (Charter Commission recommends approval - Rules & Policy Committeerecommends aooroval) Laid over to April 20th for Third Reading. - 10. Second Reading - 89-277 - An ordinance amending Section 8.05°of the St. Paul City Charter by deleting the requirement for publication of Council resolutions in the official newspaper: - (Charter Commission recommends approval -•Rules & Policy Committee recommends aooroval.) Laid over to April 20th for Third Reading. 11. Second Reading - 89-278 - An ordinance amending Section 13.03:1 of the St. Paul City Charter by deleting the requirement for publication of Council resolutions in the official newsoaoer. (Charter -Commission recommends aooroval - Rules & Policy Committee recommends aooroval) Laid over.to April 20th for Third Reading. NEN BUSINESS - RESOLUTIONS 12. Resolution - 89-486 - Approving and ratifying agreement between the City of St. — ' Paul and the City Attorney's Professional Association. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) k Referred to the Finance Committee. City ------. Later in the meeting Councilmember Scheibel stated both the Personnel and Attorney's Offices have requested this resolution be withdrawn with a new one to be drafted. Withdrawn i -156- March 23, 1989 13. Resolution - 89-487 - Deleting certain obsolete language from Section 28B of the Civil Service Rules 'pertaining to substitute Library Specialists. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 14. Resolution - 89-488 - Amending the Salary Plan and Rates of Compensation Resolution by inserting the 1989 Standard Ranges and striking out obsolete IanFINANCEeCOertaining to salary advancement. (First Reading - FOR REFERRAL TO THE Referred to the Finance Committee. 15. Resolution - 89-489 - Establishing the rate of pay for Citizen Service Analyst in the Salary Plan and Rates of Comoensation Resolution in Grade 29, Section ID2 of the Technical Standard Ranges. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred.to the Finance Committee. 16. Resolution, -;89-490 - Establishing. the rate of oay for Citizen Service Senior Analyst in the Salary Plan and Rates of Comoensation Resolution. in .Grade 10, Section ID3..of,,the, Professional Emoloyem,Non-S,uoervisory Standard Ranges. (First Reading FOR REFERRAL TO THE`FINANCE COMMITTEE)_ Referred to_the Finance Committee. 17. Resolution - 89-491 - Amending the Salary Plan and Rates of Compensation Resolution for Fire/Arson Investigator in Grade 39 of the Fire Non -Standard Ranges and establishing a salary range under the 1989 Fire Non -Supervisory Standard Range. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred:to the Finance Committee. 18. Resolution - 89-492 - Changing the rate of Pay for Loans Supervisor in the Salary Plan and Rates of Comoensation Resolution in Grade 42, Section ID2. (First, Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance_Committee. 19. Resolution -'89-493 - Amending the 1989 budget by transferring $5,000 from Contingent Reserve to Executive Administration Personnel Office, Labor Relations. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 20. Resolution - 89-494 - Approving a five-year Plan having the City change from an annual budget process to a two nn-BByear budyyget process for theoperatingand maintaketleadcreoo sib lities aets and sistated.t (FORaREFE RAL TO THE to direct the FINANCEet Director to COMMITTEE) Referred to.the Finance Connittee. 21. Resolution 89-495 - Amending the 1989 budget by adding $30,000 to the Financing and Spending Plans from General Fund to Executive Administration for the five year implementation plan changing, to a two year budgeting process. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. _ 22. Resolution - 89-496 - Amending the 1989 budget by adding $30,000 from Special Projects General Government to Executive Administration Government Responsiveness. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. March 23, 1989 23. Resolution - 89-497 — Establishing a five -member Program Evaluation Task Force to provide initial guidance for establishing a systematic program evaluation process, requesting the Mayor to recommend to the Council by September 1, 1989 five individuals, and requesting the Council Research, Budget and Finance Directors to draft a tentative work orogram for the orogram evaluation process so that Task Force recommendations can be made by May 1, 1990. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 24. Resolution - 89-498 - Amending the 1989 budget by adding $9,000 to the Financing & Spending Plans for PED to hire consultant to conduct intensive survey of the Lower Bluff and Swede Hollow areas to determine eligibility for possible . national register and/or local heritage oreservation district designation. (FOR REFERRAL TO THE HOUSING &'ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economia Development Committee. 25. Resolution - 89-499 — Amending the 1989 budget by adding $25,000 to the Financing 8 Spending Plans for St. Paul Public Library Literacy Program. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 26. Resolution 89-500 - Amending.the 1985 GIB budget by adding $19,000 for construction of Marshall from Mississippi River Boulevard to Otis .Avenue. (FOR ACTION) Councilmember Goswitz moved aooroval of the resolution. Councilmember Sonnen said she would like to see this item in Committee and uoon her request Chris Nicosia of the Public Works Department aooeared and said there is no urgency on this item and exolained it is oart of the MnDOT's work in connection with the sewer separation and he said this is the City's oarticioation. Referred to the Public Works Committee. 27. Resolution - 89-501 - Requesting the Mayor tn, direct a 30 -day moratorium commencing April 24, 1989 on the sale, tran;aer, requisition or gift of any animal under the City's possession or control to any medical and/or product - testing laboratory or their agents or representatives and requesting the .Mayor to direct animal pound officers and cable 'N officers to implement and broadcast a weekly cable TV program showing all lost and abandoned animals currently at the pound with instructions on how to reclaim nets and for oeoole interested in adopting an animal. (FOR REFEDRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) A video of the Minneaoolis program was presented. Councilmember Dimond stated it is illegal for animals to run wild and is a danger to both people as well as the animals. . Councilmember Rettman said she will ask.the Ramsey County Humane Society to be involved in this item. Referred to the Community & Human Services Committee. Councilmember Long arrived at this point in the meeting. - 28. Resolution - 89-502 - Fulfilling a a drug free workplace as outlined. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 158 - I IY 7, Yw- F R�lyy �Y� l F March 23, 1989 rc 29. Resolution - 89-503 - Supporting the concept of a National Indoor Sports Center r 1 located on a site bounded by E. 7th, Maria, and the abandoned Burlington Northern Railroad right-of-way, supporting request for a study grant to further analyze feasibility of said site, and directing staff to submit an aoolication t t for study, grant to the Minnesota Amateur Sports Commission at the March 28th i� xaa meeting- (Housing & Economic Develooment Committee recommends aooroval) Councilmember Dimond aooroval'of the moved resolution. Councilmember Sonnen sooke in opposition to this resolution, and Councilmember Rettman stated this is su000rting the study. Adopted Yeas - 5 Nays - 1 (Sonnen) 30. Resolution - 89-504 - Authorizing Division of Parks and Recreation to undertake " a Pest Control Program on City park orooerties and post notification of same. (FOR REFERRAL TO THE COMMUNITY, & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services.Committee. v, r 31. Resolution - 89-505 - Changing the rules, which ggovern the Community Festival Revolving Loan Fund. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. " 32. Resolution - 89-506 -Authorizing proper City officials to accent and implement Como Park Conservatory Restoration grants, amending the 1988 CIB budget and 4`+ adding $1,700,000 to Ledger ComoConservatory Restoration project, and expressing gratitude and. aooreciation to.Board of Directors of the Como Conservatory Restoration Fund and the St. Paul Foundation for their work on the restoration oroject. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. v Adopted Yeas - 6 Nays - 0 E r 33. Resolution - 89-507 - Authorizing proper City officials to execute an agreement with the Metr000litan Council to accent and implement grant for Como Park. (FOR ACTION) Councilmember Long moved aooroval of the resolution. Adopted . Yeas - 6 Nays - 0 34. Resolution - 89-508 -su000rting C.F. 88-223 adopted February 16, 1988 and not purchasing investments issued by U.S. companies that have operations in Northern Ireland as identified.by the Investor Responsibility Research Center. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 35. Resolution - 89-509 - Authorizing proper City officials to aoorove agreement between MnDOT which covers cost, maintenance and operation of removing and reinstalling permanent traffic signal on T.H. 51 at Snelling and Marshall. (FOR REFERRAL COMMITTEE) " ix TO THE PUBLIC WORKS Referred to the Public Works Committee. 1 r 36. Resolution - 89-510 -Authorizing proper City officials to execute agreement to E reconstruct Soo Line Railroad Bridge located at the intersection of Snelling and Marshall. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) asx(� Referred .to the Public Works Committee. 37. Resolution - 89-511 - Approving payment of $100,000 to Raymond Lemmons for the + ourchase of orooerty adjacent to the Police Deoartment's Target Range Complex located in Maplewood to be used as a buffer zone. (FOR ACTION) W, Councilmember Goswitz moved aooroval of the resolution. j Adopted Yeas - 6 Nays - 0 Y TF / v i 6 ' -159- March 23, 1989 38. Resolution - 89-512 Approving assessment for improving St. Clair from Cretin to Snelling with lantern style lighting system, and setting date of public hearing for April 25, 1989. Council members Dimond and Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 39. Resolution - 89-513 - Approving assessment of sidewalk reconstruction for parts of Broadway, W. Fourth, S. Robert and E. Third, and setting date of public hearin? for May 2, 1989. - Councilmembers Dimond and Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 40. Resolution - 89-514 - Approving assessment to open, widen and extend East Shore Drive by taking and condemning the southerly 610 ft, of Government Lot 1 lying in the southwest 1/4 of Section 22, Township 29, Range'22 and 1 ing westerly of the Northern Pacific Railway right-of-way, and setting date of public hearing for May 2, 1989. Councilmembers Dimond and Long moved aooroval of the resolution. Adopted Yeas 6 Nays -'0 41. Resolution - 89-515 - Approving assessment of sidewalk reconstruction for parts of E. Fifth, W. Fifth, and Grand, and setting date of Public hearing for May 2, 1989. Councilmembers Dimond and Long moved aooroval of the resolution. - Adopted Yeas - 6 Nays - 0 ORDINANCES 1. Final Adootion - 88-621 An ordinance amending Chapter 111''of the Administrative Code pertaining to Ethical Practices Board by changing the name from Election Board to Ethical Practices Board. (Laid over from March 16th)' Councilmember Long presented some background information and explained what is before Council today. Councilmember Dimond sooke in ODODSitipn to the ordinance and said we have laws in place and if needed they should be clarified. Councilmember Sonnen spoke in su000rt of the ordinance and said she feels protection has been built into the system. Councilmember Rettman sooke in su000rt of the ordinance. Councilmember Scheibel said he believes this is a good compromise and he stated the Board will review ethics and,make recommendations. Councilmember Long moved aooroval of the ordinance. Roll call.' Adooted Yeas - 4 (Long/Rettman/Scheibel/Sonnen) Ord. #17638 Nays 2 (Dimond/Goswitz)' PUBLIC HEARINGS - 42. Third Reading -89-310 - Ao ordinance amending Chanters 60 through 67 of the Legislative Code pertaining to the regulation of colleges, universities and seminaries. (Planning Commission recommends aooroval) (NOTE: See public hearing scheduled for this ordinance on March 30, 1989 agenda) 43. Third Reading - 89-279 - An ordinance amending Section 140.07 of the Legislative Code pertaining to insurance requirements for skyway advertising display fixtures. (Housing & Economic Development Committee recommends approval) No one appeared in 0000sition. Laid aver to March 30th for Final Adootion. - 160 - March 23, 1989 44. Third Reading - 88-1470 - An ordinance granting non-exclusive franchise to Skycom, Inc. to own, operate and maintain advertising display fixtures in the pedestrian skyway system. (Housing & Economic Development Committee recommends :f approval ) No one aooeared in 0000sition. Laid over to March 36th for Final Adootion. 45. Hearing to consider the petition of Stone's Auto Mart, Inc., to rezone orooerty located at 1200 W. 7th on the southeast corner at Tuscarora from B-2 to B-3 to establish a used car sales lot. Lisa Freese of PED appeared and Presented her staff report and Presented some background information. $ Upon- question of Councilmember Rettman Ms. Freese, Presented further background information on a rezoning in the area in 1986. i Earl' Gray, attorney representing Mr. Thomas, owner of Stone's Auto Mart, aooeared and presented information, distributed photographs of the surrounding area and referred to staff findings he believes are in error. He said Mr. Thomas is oresent today to answer any questions. Mrs. Barott of 774 Tuscarora aooeared and said she lives next door to this orooerty and she spoke in opposition to having a used car sales lot located u there. { No one else aooeared. Councilmember Dimond moved that the public hearing be closed. r Roll call on the motion. Adooted Yeas - 6 Nays - 0 Councilmember Dimond moved to uphold the decision of the Planning Commission and deny the request for rezoning. 1 Councilmember's Scheibel and Rettman spoke in su000rt of the motion. There was considerable discussion, and roll was called on the motion for denial of'the rezoning. Adopted' Yeas - 6 Nays - 0 (cc #13130) At this time 'Council recessed and reconvened at 10:40 A.M. 46. Resolution - 89-460 - Approving with condition application for the transfer of Off Sale Liquor License and Original Container 'License currently issued to Kapoy's Liquor, Inc. dba Kappy's located at 345 Wabasha (Louis Kaplan and Reuben Kaplan, stockholders) to Kaopy's Liquors, Inc. dba Kappy's (Louis Kaplan and Steohen Kaolan, officers; and Louis Kaplan and 'Mitchell St. George, stockholders) located at the same address. (Laid over from March 16th) The owner of the establishment aooeared and said if it would out her license in jeopardy to not agree to not sell' half oints'of liquor then she will agree but she stated she feels all liquor stores should do She same. Councilmember Scheibel exolained we can't force her to agree to the condition but he explained the number of''oersons that purchase liquor from this establishment and then loiter in this vicinity. Upon question of Councilmember Scheibel, the owner said she would agree to not sell half oints of liquor for a trial six month period to be reviewed at that time to see if the oroblems referred to have become less. Councilinember Sonnen said she still believes this is a oolice deoartment resoonsibility and that it is a big social problem. Couhcilmember Scheibel said this has been tried in other cities and he exoressed aooreciation to the owner for her willingness. Councilmember Dimond moved approval of the resolution for a six month period to have a report and evaluation before Council at that time. Roll call Adopted Yeas - 6 Nays - 0 March 23, 1989 47. Resolution - 89-516 - Aooroving application for the renewal of a State Class A Gambling License applied for by the Arlington Booster Club located at 1079 Rice Street. No one appeared in opposition. Councilmember Goswiti moved approval of the resolution. Adooted Yeas - 6 Nays - 0 ti 1 48. Resolution - 89-517 - Aooroving application for the renewal of various Class III Licenses at stated. No oneappeared in 0000sition. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 49. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the ,matter of adverse hearing involving licenses held by Hawkeye L'iquor`Store located at 111 Concord Street` Tom Weyandt of the City Attorneys -Office appeared and presented' background information on ;this establishment 'and' said it 'is the second violation at this liquor store within six months and he referred to the recommendation of the ALJ. Phil Byrne of the City Attorney's Office aooeared and referred to another establishment that has two offenses within a one-year period. He also stated two ordinances have been drafted pertaining to the matrix on these types of violations'and'he requested if the Council is considering a change to the matrix to please consider it today when determining their action. Mr. and Mrs. Lavertyy, owners of Hawkeye Liquor Store, aooeared and referred to a letter he sent to Councilmembers and he distributed photographs and a false I.D. he obtained from asking a customer for identification. Upon question of Councilmember Dimond, Mrs. Laverty said she did not ask for ' . I.D, from the minor because he was a familiar face.' Pat Fluery, President of the St. Paul Liquor Association, aooeared and sooke on behalf of the Laverty's and requested Council to set aside the matrix. 5 There was considerable discussion and Mr. Weyandt said it is important to remember the facts stated by the ALJ. No one else appeared. Councilmember Sonnen moved that the public hearing be closed. Roll call. Adooted Yeas 6 Nays - 0 Couhcilmember Sonnen referred to comments made by Phil Byrne and she explained her or000sed ordinance for a 15 day suspension on a second violation and a third violation to be revocation. Councilmember Sonnen moved that the license of Hawkeye Liquors be suspended for 15 days with the conditions the licenseholders work with the Vice Unit for intensified training and that when they reopen they show signage stating it is illegal to ourchase liquor to persons under the age of 21 and that they make it a practice to card every customer. Councilmember Rettman said she will support the motion but if there is another violation she will not be able to shod any leniency. Councilmember Long sooke in su000rt of the motion with conditions. Councilmember Scheibel said ttiis establishment has the reoutation for selling to minors and he is very close to going with a revocation but he said 15 days is very harsh and he will su000rt the motion if another condition is added for Laverty's to spend time at the ElRio Vista and the Neighborhood House because of the high alcohol use among youths in that area. Roll call on the motion to suspend the license for 15 days with conditions listed above. Adooted Yeas - 6 Nays - 0 Councilmember Rettman moved that the rules be susoended to consider an item not on the agenda pertaining to a budget item for Emergency Fund Services, Inc. Roll call on the motion to susoend the rules. Adooted Yeas - -6 Nays - 0 -162- a - 163 - \ / A } A � f 1 t. i March 23, 1989 Resolution - 89-286 -Amending the 1989 budget by transferring $33,000 from v Contingent Reserve to PED City Contribution for the Emergency Fund Services, Inc., project. Councilmember Rettman moved aooroval of the resolution with an amendment adding transferring $16,000 from HRA Real Estate to City Contribution to Outside tt� §�a Agency. Roll call on the resolution as amended. k ; Adopted Yeas - 6 Nays - 0 z Councilmember Rettman moved that the rules be suspended to consider an item not on the agenda pertaining to a quit claim deed with''the City of Newoort. Roll call on suspension. Adopted Yeas - 6 Nays -_O r.' Resolution -`88-1515'- Foregoing' all 'Interest- in. developing a park located in t Washington County and agreeing that the City 6f..Newport should be the owner of f tr said property and,.aothorizing proper City officiais to execute a quitclaim deed to the City of Newport transferring all interest the City of St. Paul 'has in } said orooerty. Councilmember' Dimond expressed some concern's and said he would feel more ( comfortable with conditions olaced'on the resolution. V Jim Hart stated the City does not have total control over this property and he said Washington County'also needs to agree with conditions noted. { Councilmember Rettman said she will take Councilmember Dimond's sugggestion of conditions as a friendly amendment and she moved aooroval,"of the resolution with that amendment: - 5_ Roll call on the motion. Adooted Yeas'- 6 Nays - 0 Councilmember Rettman moved that the rules be suspended to consider an item not �. on the agyenda pertaining to the St. Paul Winter Carnival Jr. Royalty Program. Roll"'call`on"'susuension. Adopted Yeas - 5 Nays - 1 (Sonnen) Resolution - 89-283 - Amending the 1989 budget by adding $1,518.83 to the Financing and Spending Plan for the Parks &Recreation Supplies fund. Roll call on the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 A D J 0 U R N E 0 AI? A.M. 111:45 ounciTr�esi eent " ATTEST: IV Copies sent to Councilmembers -4e- /a ' P f Minutes approved by Council 4e-.;,2d-Ff `Sf ABO ank a - 163 - r.. y tf ON ti. MINUTES OF THE COUNCIL - pSi§a v i , f 9 00 A.M MARCH 28, 1989 COUNCIL CHAMBERS CITY HALL & COURT HOUSE - SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 6 - Councilmembers Dimond, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Goswitz (arrived ata point during the meeting) ORDINANCES, Yr 1. Final Adoption - 89-309 - An ordinance amending Section 38.07 of the Administrative Code pertaining to payment of severance pay and allowing payment (Finance Committee recommends approva ) in lbmo sum or annual installments. Long approval of the ordinance. Councilmember moved Adppted Yeas - 6 Nays - 0 Ord. #17639 Councilmember Goswitz arrived at this point in the,meeting. •. , r 2. Final Adoption -,86-1827 - An ordinance amending Chanter 412 of the Legislative Code oertaming :to massage parlors.. (Community & Human Services Committee recommends aooroval as amended),. Coudcilmember Rettman moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17640 5` 3. Final - 88-1829 - An ordinance amending Chanter 414 of the Legislative .Adootion Code oertaining to massage therapist. (Community & Human Services Committee recommends approval) . Councilmember Rettman moved aooroval'of the ordinance., AdoptedYeas -'T Nays - 0 Ord. #17641 4. Final Adootion - 89-228 - An ordinance amending Chapter 82 of the Administrative Code pertaining to purchasing procedures and public contracts and orovidingg'a 90 -day limitation ori excavation for combined sewer separation and street oaving. (Public Works Committee recommends aooroval) 'Cduncilmember:Rettman moved aooroval of the ordinance. Adopted Yeas - 7 ''' Nays - 0 Ord. #17642 5. Second Reading - 89-464 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of Bruce Nelson located it 1272-1276 S. Pt. Douglas Road from 1-2 to R-1. (Hearing held February 23rd) Laid over to, March 30th for Third Reading. i 6. Second Reading - 89-465 - An ordinance temporarily amending Ord. No. 13534 pertaining to one way street and adding Pinehurst westbound from Kenneth to Cleveland. (FOR ACTION) Laid over to March 30th for Third Reading. APPLICATIONS COMMUNICATION 8. Claim of Mary Caddis, 314 Concordia #211, filed March 15, 1989, was read. x Referred to the City Attorney's Ofice. Farm Ins. Co., filed March 15, 1989, was read. ) Claim of State Referred to the City Attorney's Office. Claim of Northern Malleable Iron Co., 867 Forest, filed March 15, 1989, was x • a T read. Referred to the City Attorney's Office. s 1 164 — 6.2 'kl r, 1 l March 28, 1989 Claim of Larry Pr000tnik,1992 Clear, filed March 17, 1989, was read. Referred to the City Attorney's Office. Claim of Michael Sele, 1587 Wellesley, filed March 17, 1989, was read. 5 �' sJ Referred to the City Attorney's Office. a i Claim of Lowell Stolte,1878 Hillcrest, filed March 16, 1989, was read. ar"K ti, Referred;to the City Attorney's Office. - Claim of W. W. Vose, 684 Transfer Road, filed March 20, 1989, was read. Referred to the City Attorney's Office. - .... . Claim of Dana Witter (Stewart Perry, attny.) filed March 17, 1989, was read. ` ..... Referred to the City Attorney's Office. Claim of Jerry Woodstrom, 809 E. 7th Street, filed March 20, 1989,. was read. Referred to the City Attorney's Office. 9. Summons and Complaint in the matter of Joseph Ogris vs the City of St. Paul et - Referred to the City Attorney's Office. 10. letterof the City Attorney's Office amounting a date of public hearing : for April 13, 1989", before an Admihistrative Law Judge'oertaining`to-possible adverse action against licenses held by SRG Corooration, dba R & R Lounge located r at 992 Arcade. CC #13121 Filed ( ) 11. Administrative Orders D-10181"through'0-10189 were noted as on file in the City Cl'erk's' Office. Upon request of Councilmember Long, Administrative Orders D-10181,` -10182, -10183,-10184, -10185 and -10187 were referred to the Finance Committee for review. j' COMMITTEE REPORTS 12. Resolution - 89-398 - Establishing the rate of pay for Child Care Coordinator :in Grade 17, Section ID3 of the Salary 'Plan and Rates of Comoensation Resolution. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 1 (Rettman) 13. Resolution - 89-371 - Establishing the rate of pay for E.D.P. Database Coordinator in Grade 16, Section I03 of the. Professional Employees Non - y Supervisory Standard Ranges. (Second Reading & Adoption - Finance Committee recommends aooroval) Councilor"ember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays _ 0 14. Resolution - 89-350 - Establishing premium pay for work oerformed in a specific 9 yf unit for Police Officers in the Salary Plan and Rates ,of,Compensation 'recommends _ r 5 Resolution. (Second Reading & Adoption - Finance Committee approval) Councilmember Long moved aooroval of the resolution. $ " Adopted Yeas - 7 Nays - 0 MV d € . - 165_ i March 28, 1989 15. Resolution - 89-352 - Amending the 1989 budget by adding $330,902 to the Financing & Spending Plans for Police Department to deoosit revenues from service charges to outside government agencies. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 16. Resolution - 89-357 - Amending the 1989 budget by adding $47,543 to the Financing & Soendin? Plans for Police to participate in two grants from State Department of Public Safety Narcotics Control Program. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 17. Resolution - 89-358 - Amending the 1989 budget by adding $7,334 to the Financing & Spending Plans for Police Special Projects Narcotics Control/Surveillance Program. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Ado oted Yeas - 7 Nays - 0 18. Resolution - 89-401 - Amending the 1989 budget by adding $4,000 to the Financing & Spending Plans for Police Soecial Funds Reserve Uniform Deposit refunds. (Finance Committee recommends aooroval) ' Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 19. Resolution - 89-402 - Amending the 1989 budget by adding $331,717 to the Financing & Spending Plans for Police Soecial Projects 911 Emergency Communications Center. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 20. Resolution -'89-372 - Amending the 1989 budget by transferring $18,078 in Community Services for the position of Technical Trainee. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 1. Nays - 0 21. Resolution - 89-406 - Authorizing proper City officials to execute a Software License Agreement with Systems Concepts of Colorado for the St. Paul Police Department. (Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS 22. Resolution - 89-518 - Amending the 1989 budget by adding $54',000 to the Financing & Spending Plans for Police Soecial Projects -National Reining Horse Derby. `FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 23. Resolution - 89-519 - Calling Loon the U.S. of Conference of Mayors, our Congressional Delegation, Congress and the President of the U.S. to take steps to significantly reduce the military budget, increase federal funding for affordable housing and enacting the National Comprehensive Affordable Housing Act HR 4727. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution, and Councilmember Dimond spoke in strong support of the resolution. Adooted Yeas - 7 Nays - 0 - 166 - _`i %n n t � March 28, 1989 15. Resolution - 89-352 - Amending the 1989 budget by adding $330,902 to the Financing & Spending Plans for Police Department to deoosit revenues from service charges to outside government agencies. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 16. Resolution - 89-357 - Amending the 1989 budget by adding $47,543 to the Financing & Soendin? Plans for Police to participate in two grants from State Department of Public Safety Narcotics Control Program. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 17. Resolution - 89-358 - Amending the 1989 budget by adding $7,334 to the Financing & Spending Plans for Police Special Projects Narcotics Control/Surveillance Program. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Ado oted Yeas - 7 Nays - 0 18. Resolution - 89-401 - Amending the 1989 budget by adding $4,000 to the Financing & Spending Plans for Police Soecial Funds Reserve Uniform Deposit refunds. (Finance Committee recommends aooroval) ' Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 19. Resolution - 89-402 - Amending the 1989 budget by adding $331,717 to the Financing & Spending Plans for Police Soecial Projects 911 Emergency Communications Center. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 20. Resolution -'89-372 - Amending the 1989 budget by transferring $18,078 in Community Services for the position of Technical Trainee. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 1. Nays - 0 21. Resolution - 89-406 - Authorizing proper City officials to execute a Software License Agreement with Systems Concepts of Colorado for the St. Paul Police Department. (Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS 22. Resolution - 89-518 - Amending the 1989 budget by adding $54',000 to the Financing & Spending Plans for Police Soecial Projects -National Reining Horse Derby. `FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 23. Resolution - 89-519 - Calling Loon the U.S. of Conference of Mayors, our Congressional Delegation, Congress and the President of the U.S. to take steps to significantly reduce the military budget, increase federal funding for affordable housing and enacting the National Comprehensive Affordable Housing Act HR 4727. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution, and Councilmember Dimond spoke in strong support of the resolution. Adooted Yeas - 7 Nays - 0 - 166 - March 28, 1989 24. Resolution - 89-520 - Authorizing orooer City officials to execute a joint purchasing agreement with the City of Farmington for the purchase of equipment, material and supplies. (FOR ACTION) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 25. Resolution - 89-521 - Authorizing orooer City officials to execute a joint purchasing agreement with the City of Stillwater for the purchase of equipment, material and suoolies. (FOR ACTION) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 26. Resolution - 89-522 - Approving load limit as stated for the bridge located at Sheoard Road over the Koch Refining Co. facilities and directing the Public Works Department to properly post the bridge. (FOR ACTION) Councilmember Goswiti moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-523 - Retaining the law firm of Larkin, Hoffman, Daly and Lindgren, Ltd. as soecial counsel to assist in the develooment of the EIS for the improvement of Shepard Road. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE)— Referred to the Public Works Committee: 28. Resolution - 89-524 - Authorizingg proper City officials to execute an agreement with Ramsey County to provide for payment of aouroximately $10,000 from the County Aid Fund for City's share of'sidewalk, utilities, curb and gutter costs associated with the reconstruction of McKnight Road and Minnehaha. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 29. Resolution - 89-525 - Requesting Ramsey County to take immediate stens to restore chairs in the Council Chambers to their original appearance and condition. (FOR ACTION) Councilmembers Dimond and Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-526 - Authorizing payment of $1,921.75 to Christi Higuera and State Farm Insurance Company from the Tort Liability Fund in full settlement of their claim.- (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-527 - Approving assessment and condemning and taking permanent easements for utility purposes and temporary construction easements in connection with the Albemarle/Nebraska Area Storm Sewer project;' and setting date of public hearing for April 25, 1989. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas 7 Nays - 0 32. Resolution - 89-528 - Approving assessment and condemning and taking permanent easements for utilityy Durooses and temporary construction easements in connection with .the Albemarle/Nebraska Area Storm Sewer project, and setting date of public hearing for April 25, 1989. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 33. Preliminary Order - 89-529 —Constructing sanitary sewer and service connections in Marion from Larpenteur to Idaho, and setting date of public hearing for May 2, 1989. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 167 - March 28, 1989 ORDINANCE 7. First Reading - 89-541 - An ordinance amending the Legislative Code by adding a new chanter pertaining to reolacemeht housing., (FOR. REFERRAL;' TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Councilmember Sonnen oresented background information on this ordinance and said the Planning Commission recommends a policyY instead of an ordinance and she said she strongly disagrees with that recommendation and she explained wiry. She said people are present today to speak on this issue and that she recommends acting on it because it has already been before Committee and through the process. Councilmember Dimond stronggly spoke is opposition to adootion.of this ordinance because it has severe implications. He said the Planning Commission approach makes sense and it should have a thorough review back in Committee. Councilmember Goswitz spoke .in support of the ordinance being referred to Committee. Councilmember Sonnen requested if this ordinance is referred to Committee that readings be continued. Julie Manworren„ 1131 Argyle, aooeared on behalf of Karen Mueller who is Chair of. the,HUDAC Committee and she read a letter of Ms. Mueller in support of the ordinance. Upon question of Councilmember Long, Ms. Manworren stated HUDAC speaks more to the policy rather than the ordinance. Robert Craigs, Director of the St. Paul Tenants Union, aooeared and spoke in support of the ordinance and in opposition to sending it back to Committee. Councilmember Scheibel said people view this ordinance as a compromise with different language. There was considerable discussion. Dennis Dorgan, 1952 St. Clair, appeared and urged each Councilmember to take a stand on this ordinance. Upon question of Councilmember Goswitz, Ed Starr said this ordinance has bean reviewed by the City Attorney's Office and he explained why their signature is not on the ordinance. Councilmember Sonnen said that Mr. Hart agrees with the policy issue but had concern with potential cost of implementing the ordinance and she said she feels the ordinance is in legal format. Councilmember Wilson explained ore vious Committee discussion and actions and said he cannot predict Committee actions. No one else appeared. Councilmember Scheibel read for the record the intent of the ordinance and said he believes everyone agrees, on it. Councilmember Wilson stated his next Committee meeting will be April 12 and this item will be on his Committee, agenda. Later in the meeting Councilmember Sonnen noted she received a letter in support of this ordinance from Mr. Roy Garza. Councilmember Scheibel. said readings will continue to the second reading and third reading, will be scheduled after Committee recommendation. Referred to the Housing & Economic Development Committee and laid over to April 4th for Second Reading. PUBLIC HEARINGS 34. Final Order - 89-474 - Improving Maryland between I -35E and Payne and Jessie from 200 ft. south to 100 ft. north of Maryland. (Public hearing closed - Public Works Committee recommends approval with caveat - Laid over from March 21st), (Discussion continued on following page) - 168 - - , a , V. r. y d z' March 28, 1989 (Discussion continued from previous nage) Councilmember Rettman said District 5 held their meeting and she oresented discussion held at that meeting aid said the people are'very clear they do not 9 want the street widened: She said she feels:wewould be in error if we don't l move these orders before us today because of the huge safety factors and it is a very- dangerous corner and she said she would like the orders amended for trees to be planted as part of the reconstruction and she moved approval of this and the mondwsa the haalsonattended f " Councilmember D dthe meeting and he sooke in support - -.,: of the motion. Councilmember Goswitz smoke in support of the motions _ eta Upon question of Councilmember Scheibel, Tom Kuhfeld of the Public Works to trees and ,. ,f Department said he sees no oroblem with amending the orders add said the budget will be included as oart of the overall project. Roll call on the orders as amended. Adopted Yeas - 7 Nays - 0. 35. Final Order - 89-475 - Condemning and taking easements in land necessary for i slopes, cuts and fills in the grading and paving of Maryland from 200 ft. west of Jessie to 200 ft. east Jessie on Jessie from 200 ft. south to 100 ft. ,i of and north of Maryland. (Public hearing closed - Public Works Committee recommends March 21st) si approval with caveat - Laid over from (See discussion above) -- - Adooted Yeas - 7 Nays - 0 36. Final Order - 89-530 - Improving St. Clair between Dunlao and Griggs by repairing existing bridge. No one aooeared in 0000sition. { ; Councilmember Goswiti moved aooroval of the order. Adopted Yeas`- 7 Nays - 0 37. Resolution - 89-531 - Ratifying assessment for the Thomas Avenue Lighting Project from Snelling to Hamlin. Noone appeared in 0000sition. Roll call'. Adopted Yeas - 7 Nays - 0 3B. Resolution - 89-532 - Ratifying assessment for the installation of sanitary sewer and service connections in Woodbury Street from Winona to Curtice. No one appeared in 0000sition. t Councilmember Goswitz moved aooroval of the resolution. l 4 Adopted Yeas - 7 Nays - 0 a 39. Resolution - 89-533 - Ratifying assessment for the improvement of Benson from 450 ft. east of Homer to Glen Terrace by paving and constructing curb, i, grading, ggutter and storm sewer. — A letter F & M in to this ak i n of Leasing Corporation was received 0000sition resolution. No one aooeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 40. Resolution - 89-534 - Aooroving aoolication for the renewal of On Sale Wine and enses 1ied for by Luci located at 470 S. supCleveland. III Lfrom (Laid over March 14th - C.F. 895443ante g Councilmember Long moved this resolution be laid over one week. i M d fro � Adopted Yeas - 7 Nays - 0 Laid over to April 4th. r'i - 169 - i 9 J March 28, 1989 41. Resolution - 89-535 - Approving application for the renewal of various Class III Licenses aoolied for by persons as listed. No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 42. Resolution - 89-536 - Approving application for General Repair Garage License applied for by M.P. Equipment (Mike Pikovsky, Pres.) dba M.P. Equipment located at 1047 Raymond.i No one aooeared n 0000sition. Councilmember Sonnen moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 43. Resolution - 89-537 - Aooroving application for the renewal of Off Sale Liquor License aoolied for by MGM Liquor Warehouse located at 1102 W. Larpenteur. - No one appeared in oppositions Councilmember Rettmah moved,aooroval of the resolution. Adopted Yeas - 7., . ,Nays- p 44. Resolution —89438 Aooroving application fdr Gas°Station with two additional oumos, General Repair Garage, Original Container and Cigarette License applied for by Carlson White Bear Avenue Automotive', Inc: dba Carlson White Bear Avenue V Automotive (Kenneth Carlson, Pres.) located at 1314 White Bear Avenue. No one aooeared in opposition. Councilmembers Rettmao and Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 45. Resolution -89-539 - Approvin8 application for Physical Cultural Health Services Club applied for by Shane 'Segal dba Grand Tan located at 80 N. Snelling. No anoeared in opposition. Councilmember Sonnen moved 'approval of the resolution. Adopted Yeas - 7 Nays - 0 46. Resolution - 89-540 - Aoproving applicationforthe renewal of various On Sale Wine and Supporting Class III Licenses as listed. No one aooeared in opposition.' Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Goswitz moved that the rules be suspended to consider an item rat on the agenda pertaining to the 24-hour parking restriction to get it on record for second reading next week. Roll call. Adopted Yeas - -6 Nays - 1 (Sonnen) First Reading - 89-556 - An ordinance amending Section 157.04(8) of the Legislative Code pertaining to the 24-hour parking restriction. Laid over to April 4th for Second Reading. Councilmember Long moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 ATTES A D J 0_U R N E� 9:55 A.M. Sr/1/`1►l/ unc,residee— r y er Copies sent to Councilmembers - A 1? 9 ABO:omk Minutes approved by Council o - 170 - a MINUTES OF THE COUNCIL 9:00 A.M MARCH 30, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA, The meeting was called to order by President Scheibel at 9:00 A.M. Present - 4 - Councilmembers Dimond,.Goswitz, Scheibel,, Wilson Absent - 3 - Councilmember Long, Rettman and Sonnen (arrived at a ooints during the meeting) Upon request of Councilmember Scheibel, Councilmember Dimond moved thit_the rules be suspended to consider an item not on the agenda pertaining to Garcia's located in Cam Towers. _ Roll call. Adooted Yeas - 4 Nays - 0 Councilmembers Long and Rettman arrived at this Point in the meeting. Resolution r 89-590 -,Approving with conditions application. for .On Sale Wine, On Sale Malt Beverage'(inepu item only) and Entertainment III Licenses applied for by Ronald Garcia dba Garcia's Restaurant located at 77 E. 9th Street. Councilmember Dimond moved aoorbval of the,resolutioh., Adooted Yeas -'6 Nays - 0 PUBLIC HEARING 15. Resolution - 89-547 - Ordering the Property owner of 675 Otsego Street to remove approximately 2000 tires from the yard areas. Steve Roy of the Health Division appeared and presented his staff report and distributed Photographs of the property and he requested if this property is not cleaned up within two days the City be authorized to go and do the work Randy Kessel appeared and said they don't have the financing to remove the tires within two days and he requested an extension of time. Dennis Whalen aooeared reoresentinig the mortgagge holder and said he does not Want the abatement added onto the taxes if the City does the clean up work and he said he would like the opportunity to clean up the Property. No one else aooeared. Councilmember Dimond moved that the public hearing be closed. Adopted Yeas - 6 Nays - 0 There was some discussion and Councilmember Dimond moved that the property be cleaned up,within two days with the expedition of a certified copy of this resolution'to-the Health Division. Roll call on the motion. Adooted Yeas - 6 Nays - 0 Councilmember Dimond left the meeting at this point and returned later. MISCELLANEOUS 24. Presentation of Meritorious Awards to citizens by the representatives of the Fire Deoartment. Gary TrudeauI Assistant Fire Chief, aooeared and introduced and presented awards to three persons for their contributions to the safety and well-being of others. Councilmember Sonnen arrived at this point in the meeting. - 171 - 2 March 30, 1989 - 172 - I APPROVAL. OF MINUTES 1. Approval of City Council minutes of meetings for February 2, 7, 9 and 14, 1989. Councilmember Long moved approval of the minutes. ,f Adopted Yeas - 6 Nays - 0 ORDINANCES 2. Final..Adootion - 89-279. , An ordinance amending Section 140.07 of the Legislative Code pertaining to insurance requirements for skyway advertising display fixtures. (Housing .& Economic Development Committee recommends approval) Councilmember Long moved approval of the ordinance. Adopted Yeas - 5 Nays - 1 (Sonnen) Ord. #17643 :. 3. Final Adoption - 88-1470 - An ordinance granting non-exclusive_ franchise to -` Skycom,,.Inc., to own, operate .and maintain advertising display fixtures in the pedestrian skyway system. ,(Housing & Economic Development Committee recommends approval) Councilmember Wilson moved approval of.the ordinance. Adopted . .. Yeas - 5 Nays -1 (Sonnen) Ord. @17644 4. Third Reading - 89-464 - An ordinance ,amending Chapter 60 of the Legislative fi Code and rezoning orooerty of Bruce Nelson located at 1272-1276 S. Point Douglas Road from. B-2 to R-1.. (Hearing held February 23rd) Laid over. to April 6th for Final. Adoption. ... APPLICATIONS - COMNONICATION 5. Petition: by the Port Authority to vacate Myrtle Street from the east right-of- way.,line of. Cromwell Avenue to the west right-of-way line of Pelham Blvd. in connection with the Twin City Testing Tax Increment Financing District. . Referred to the.Valuation Engineer for review and recommendation. CO6NITTEE REPORTS .: 6. Resolution - 89-430 - Approving projects of the eleventh cycle NPP Program and extending appreciation to all aDDlicants. (Housing & Economic De.velooment Committee,recommends.approval). -. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 6 Nays.- 0 7. Resolution - 89-471 - Approving olans, special orovisions and specifications for improving Dart of Robert Street from Fillmore' to. Kellogg Blvd. (Public Works Committee recommends approval) Councilmember Goswitz.moved aooroval of the resolution. Adooted Yeas - 6 Nays.- 0 NEW.BUSINESS,- RESOLUTIONS 8. Resolution - 89-543 - Authorizing proper City officials to execute an agreement with St. Paul. Ramsey Medical Center pertaining to training, uograding,equioment, Police — guidelines and orotocols for medical care to be rendered by the St. Paul, Department. (FOR ACTION) Councilmember Goswitz moved aooroval of the.resolution. Councilmember Rettman sooke in su000rt of this resolution and said she will be drafting a similar resolution for recreation centers. Roll call on the motion for aooroval. i Adopted Yeas - 6 Nays - 0 - 172 - I March 30, 1989 9. Resolution - 89-544 - Urging the State Legislature to su000rt and vote for passage the Children's Agenda as proposed by Governor Rudy Perpich and Lt. GovernorMarlene Johnson. (FOR ACTION) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 10. Resolution - 89-545 - Approving assessment by condemning and taking a oeroetual easement for public utility ourooses and temoorary construction easements for property as. stated in connection with the Starkey/Plato Storm Sewer Project, and setting date of public hearing for, May 9, 1989. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 11. Third Reading -89-310 - An ordinance amending Chaoters 60 through.67 of the Legislative Lode .pertaining to the regulation of colleges, universities and seminaries. -(Planning Commission recommends approval) Donna Drummond of PED aooeared and oresented her staff report and recommendation andgave background information on this item. Charlie.Keffer,,1914-Selby and reoresentingthe College of St. Thomas, aooeared and expressed some of his concerns and said he appreciates the work of staff. He said St. Thomas will not oppose this ordinance unless it is revised to became more restrictive and he said they are committed toworking with the community and the city and he urged Council to move this ordinance as recommended. Mr. Nelson of the District 14 rnmmunity Council appeared and read a letter of that District in support of uz ordinance but he referred too 000sition.to- some of the Doints of the study. .. ' L^ ^ .. Ray Di glasio, 1954 Summit, aooeared and spoke in su000rt to the recommendations made -and said we need a City code with the same rules for everyone and he recommended a regulation in- which grandfathering -in of parking would not be allowed. Bob DeWarff, representing Concordia College, aooeared and said he feels some of the regulations are still inappropriate but it now seems Drudent to move ahead and he said there are workable and oractical solutions. He said they will work to comply with the new regulations but he said if they are drastically changed he wiil work with others against them and he spoke in favor of the Proposed 40 - acre study. Mike McLaughlin, President of the Merriam Park Community Council, aooeared and sooke in favor the proposed study._ John Lavorsky, Co -Chair of the Chamber of Commerce Higher Education Leadership Group, aooeared and said he is in favor of the proposed recommendation Providing there will be no additional restrictions added. Jim Hogg, representing William Mitchell College of Law, aooeared and spoke in su000rt of the study and urged its adoption. Paul Avery, reoresenting CST Alliance, aooeared and said they are in opposition to the restrictions and to the 40 acre study. Susan Alexander aooeared and said she is a teacher at the College of St. Thomas and that she supports the current 40 acre study and sees:it as a good compromise.. without further restrictions. Larry Bakken, reoresenting Hamline University, aooeared and said he believes the characters of neighborhoods has been preserved because of the colleges and although he would rather not be regulated he sees the 40 acre study as a reasonable compromise. John Broden aooeared and said he is a member of the HPC and is also Vice Chair of the. District 8 Planning Council and he made reference to the anticipated growth statement and in su000rt of the 40 acre study. Scott Heiderich, 1966 Portland, aooeared and said the cooperation from PED staff was outstanding and he referredto some of his concerns and said he supports the study. (Discussion continued on following page) - 173 - -.J March 30, 1989 Councilmember Dimond returned to the meeting at this point. (Discussion continued from previous page) Mary Lou Eldred, reoresenting the College of St. Catherine's, appeared and spoke in support of the or000sal. Gary Park appeared and said he is a member of the Planning Commission and encouraged Council to move forward on this ordinance with recommendations made by staff. Councilmember Scheibel thanked everyone for their time and efforts and said this is a very important issue for the City as a whole. No one else appeared. Councilmember Wilson moved that the public hearing be closed. Adopted Yeas _ 7 Nays - 0 Councilmember Wilson referred to discussion held in the Housing and Economic Develbnment Committee and also to the request for a City Attorney response. Councilmember Long said this has been a good process and a balance has been struck. He said he realizes not everyone will be oleased'with whatever decision is reached but he urged Council to move forward with the recommendation by the Planning Commission. Councilmember Wilsorrsaid we have come a long way and this is not the end but the beginning and he said he supports the recommendations of the Planning Comni ssi on r Councilmember Sonnen said this is the beginning and we need to continue communicating in the future. Councilmember Scheibel said there needs to be communication between the neighborhoods and the education systems and that we need guidelines to go by and that he views it as cooperation with healthy tension that exists between the two. Laid over to April 6th for Final Adoption. 12. Third Reading - 89-465 - An ordinance temoorarily amending Ord. No. 13534 pertaining to one way streets and adding Pinehurst westbound from Kenneth to Cleveland. (FOR ACTION) No one appeared in 0000sition. Laid over to April 66 for Final Adoption. 16. Resolution- 89-548 - Approving application for Gas Station, Additional Pumps, General 'Repair Garage and'Original 'Container Licenses applied for by Arcade Automotive, Inc. dba Arcade Automotive located at 1445 Arcade Street. No one appeared in 0000sition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Long left the meeting at this point and returned later. 17. Resolution - 89-549 - Aooroving application for General Repair Garage License applied for by Steveniang dba Prospect Towing & Tire to. located at 2565 Franklin Avenue. No one aooeared in opposition. Uoon-request of Couecilmember Sonnen this item was laid over two weeks for the District Council to meet with the owner. Laid over to April 13th. 18. Resolution - 89-550 —Aooroving/denying application for State Class B Gambling License aoolied for by the Eoileosy Foundation of Minnesota at the Cromwell Bar located at 2511 University Avenue. No one aooeared in 0000sition. Councilmember Sonneo said the Community Council is requesting a town meeting on this and the following two related items and she requested a two week lay over. Laid over to April 13th. - 174 - r March 30, 1989 19. Resolution - 89-551 - Approving/denying application for Class B Gambling Location License applied 'for by he Cromwell, Inc. (Russell Prince, Pres.) dba Th Cromwell Bar and Restaurant located at 2511 University Avenue. (See discussion above) Laid over to April 13th.' 20. Resolution - 89-552 - Aooroving/denyin,% application for Gambling Manager's License at) * plied for by Marlin Possehl at e Cromwell Bar & Restaurant located at 2511 University Avenue. (See discussion above) Laid over to April 13th. Councilmember Long returned to the meeting at this Point. 21. Resolution - 89-553"- ApprovingWildlife application for State Class B Gambling License applied for'by the Minnesota i 1 dlife Heritage Foundation Inc. at Mounds Park '6n Lo g: located at 1067 Hudson Rd. No on aooeared'in 0000sition. Upon , itiorl of Councilmember Rettman Christine Rozack of the Licensing Diis7uen appeared and said they are recommending approvalof this and, the following related resolutions. Ron'Wajner of the'Dayton's Bluff Community Council, appeared and sooke in su000rt of this and the following resolutions but asked f&' more information on the or'n1 a' ization involved Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 22. Resolution - 89-554 - Approving application for Class A Gambling Location License applied for by Mbbnds Park 'Lounge, Inc. dba Mounds Park Lounge located at 1067 Qson Road. (See discussion above) Cduncilmemb& Dimond moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 23. Resolution - 89-555 - Approving aDolication for Gambling Manager's License applied for by Mr. Hugh C. Price dbi Minnesota Wildlife Heritage Foundation Inc. at Mounds Park Lounge located at 1067 Hudson Rd. (See discussion above) Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 At this time Council recessed and reconvened at 11:05 A.M. 13. Petition of Jaguar Prooerties/Delta Realty to rezone property located on the east side of Rice Streit between Wheelock Parkway and W. Iowa Street from B-3 and R-4 to B-2 to construct a retail shopping center. Lisa Freese of PED aooeared and oresented their staff reoort and recommendations and gave a slide bris6ntation. Roger Sax, 401 Sibley and President of Delta Realty, aooeared and said they have met all the criteria and are asking for no subsidiaries from the City. Murray Kornberg of Delta Realty made their oresentation and explained their site plan. Upon question of Councilmember Rettman, Mr. Kornberg referred to oroposed tenants and said he is willing to meet with the neighbors to get a sense of the community and he said they will continue as the develooment comoany and will build, own,*ooerate and manage'the center. Coundilmember Sonnen referred to the setbacks 'on the parkway' and questioned exactly where those setbacks are. (Discussion continued from orevious oaie 7l March 30, 1989 (Discussion continued from previous page) Councilmember Dimond said that is a good point and we need to determine the Park land and the Parkway. Sharon Voyda, District 6 Community Organizer, appeared and said she wants commercial orooerty to stay to the west and she has concerns that this is a trendy -type of business. Counciimember Scheibel referred to a group of people present today who are not testifying but who are holding signs which read "Vote Yes". George Thompson appeared and said his mother has owned the corner market for years and although he understands the concerns of some of the neighbors he feels this is a beautiful project that will enhance the area and he read a letter in su000rt from the adjacent business owners on Rice and Wheelock. Mr. Bearth aooeared and said he owns the lots referred to in previous comments and he said they are not buildable and he spoke in su000rt of the project. Mary Tarnowski aooeared and said businesses are needed on Rice Street and she urged Council to adoot the resolutions. Jim Bearth and sooke in support of the rezoning and said traffic in that area will not be a oroblem at all. Judy Bearth aooeared and sooke in support of the rezoning. Ken Bearth, 117 W. Wheelock Parkway, appeared and spoke in opposition to the rezoning. John Bearth, 107 W. Wheelock Parkway, appeared and spoke in opposition to the rezoning. Councilmember Long left the meeting at this Point. Rose Hruska, 110 W. Wheelock Parkway, appeared and spoke in support of the project. A woman aooeared and said she lives at Jackson and Wheelock and that her orooerty is the most affected by the rezoning and she totally supports the rezoning. No one else appeared. Councilmember Rettman moved that the Public hearing be closed. Roll call. Adopted Yeas - 6 Nays - 0 Couhcilmember Scheibel said the full Council is not *present now because of time and he suggested laying over the vote for all to be Present and to state their views. Councilmember Rettman said she thinks that is a wise decision and requested the Planning Division to determine the parkway setback issue and also that Mr. Kornberg meet with the District Council and neighbors on the primary tenant issue. After some discussion there was agreement that this and the following related item be laid over to Aoril 6th to be heard early on that agenda. Laid over to April 6th. 14. Resolution - 89-546 - Approving the petition of Ruth Thompson for the vacation of alleys in Blk. 5, Merrill's Division of Rice Street Villas for orooerty bounded by Rice, Wheelock Parkway, Iowa and Park. (Public Works Committee submits to Council without recommendation) (See discussion above) Laid over to April 6th. Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ATT A O U R D T 12:20 P.M. il ounci l Presse i y LierK Conies sent to Councilmembers - 8 ABO:omk Minutes approved by Council W- o- 176 r March 30, 1989 (Discussion continued from previous page) Councilmember Dimond said that is a good point and we need to determine the Park land and the Parkway. Sharon Voyda, District 6 Community Organizer, appeared and said she wants commercial orooerty to stay to the west and she has concerns that this is a trendy -type of business. Counciimember Scheibel referred to a group of people present today who are not testifying but who are holding signs which read "Vote Yes". George Thompson appeared and said his mother has owned the corner market for years and although he understands the concerns of some of the neighbors he feels this is a beautiful project that will enhance the area and he read a letter in su000rt from the adjacent business owners on Rice and Wheelock. Mr. Bearth aooeared and said he owns the lots referred to in previous comments and he said they are not buildable and he spoke in su000rt of the project. Mary Tarnowski aooeared and said businesses are needed on Rice Street and she urged Council to adoot the resolutions. Jim Bearth and sooke in support of the rezoning and said traffic in that area will not be a oroblem at all. Judy Bearth aooeared and sooke in support of the rezoning. Ken Bearth, 117 W. Wheelock Parkway, appeared and spoke in opposition to the rezoning. John Bearth, 107 W. Wheelock Parkway, appeared and spoke in opposition to the rezoning. Councilmember Long left the meeting at this Point. Rose Hruska, 110 W. Wheelock Parkway, appeared and spoke in support of the project. A woman aooeared and said she lives at Jackson and Wheelock and that her orooerty is the most affected by the rezoning and she totally supports the rezoning. No one else appeared. Councilmember Rettman moved that the Public hearing be closed. Roll call. Adopted Yeas - 6 Nays - 0 Couhcilmember Scheibel said the full Council is not *present now because of time and he suggested laying over the vote for all to be Present and to state their views. Councilmember Rettman said she thinks that is a wise decision and requested the Planning Division to determine the parkway setback issue and also that Mr. Kornberg meet with the District Council and neighbors on the primary tenant issue. After some discussion there was agreement that this and the following related item be laid over to Aoril 6th to be heard early on that agenda. Laid over to April 6th. 14. Resolution - 89-546 - Approving the petition of Ruth Thompson for the vacation of alleys in Blk. 5, Merrill's Division of Rice Street Villas for orooerty bounded by Rice, Wheelock Parkway, Iowa and Park. (Public Works Committee submits to Council without recommendation) (See discussion above) Laid over to April 6th. Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ATT A O U R D T 12:20 P.M. il ounci l Presse i y LierK Conies sent to Councilmembers - 8 ABO:omk Minutes approved by Council W- o- 176 s. a: ja r r MINUTES OF THE COUNCIL 9:00 A.M. _ • APRIL 4, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel. at 9:00 A.M. { y Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 - MISCELLANEOUS . i; 44. Presentation of petition from Eastsiders inviting publisher and author of the KA book "Moscow Station" to tour. East Side.. Suzie Kuhn appeared and distributed copies of a recent newspaper article written by Joe Soucheray and she presented a petition for public apology by the author f` of the book entitled Moscow Station as it relates to the East Side. -;' Upon .question:of Councilmember Scheibel, Ms. Kuhn stated•if the publisher and author accented the invitation she would be haooy to take them on a tour of the East Side. -- Councilmember Goswitz noted an invitation has already been extended with no 4: response. Filed (CC #13123) ORDINANCES 1. Final Adoption - 89-10 - An ordinance amending Chapter 91 of the Administrative regarding by Code pertaining to procedures for public hearings public nuisances establishing an average service level of police responsesto private. property at four .in a twglve-month period and authorizing the" City Attorney, to commence for unjust enrichment when legal,actipnnagainst the owner.:of private for property police responses exceed level. (Community &Human Committee recommends approval with amendments - Laid over from March 21st) Councilmember Wilson explained amendments made in Committee and he referred to the Mayor's intent to veto this ordinance with support from some Councilmembers. He said he feels this ordinance is very important and he moved approval of the amendments and moved this ordinance be referred to the Anti Drug Task Force for their: review as a separate issue from the overall report and make their recommendation to Council in 30 days. - Ro11 call, on the motion to aoorove the amendments. Adopted Yeas.- 7 Nays - O Roll call. on the motion to lay this item over to May 2nd to be. reviewed by the Anti Drug Task Force. a Adopted : Yeas - 7 Nays - 0 Laid over to May 2nd. 2. Second Reading - 89-541 - An ordinance amending the Le islative Code by.adding a housing. (REFERRED TO THE HOUSING & new chapter pertaining to replacement ECON014IC.DEVELOPMENT.COMMITTEE ON MARCH 28TH) Referred to the Housing and Economic Development.Committee. _ - 3. Second Reading.- 89-556 - An ordinance amending Section 157.04(8) of the 24 hour 4 Legislative Code pertaining to parking restrictions. y a : Laid over to April 6th for Third Reading. 177 - i�_� n� V April 4, 1989 4. First Reading - 89-557 - An ordinance amending Section 16B of the Civil Service Rules by adding a new section protecting employees from retaliation when reoortin@ violations of law, etc. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. APPLICATIONS - COMUNICATIONS 5. Claim of Robert Buechner,1829 E. Margaret, filed March 23, 1989, was read. Referred to the City Attorney's Office. Claim of Chris Cudak, 245 Summit, filed March 22, 1989, was read. Referred to the City Attorney's Office. Claim of Sharon Dee, 9240 University Ave. N.S. #229, Coon Rapids, MN filed March 22, 1989, was read.. Referred to the City Attorney's. Office. Claim of:Darin Haines, 2626 Stevens Ave. S., Minneapolis, MN filed March 22, 1989, was read. Referred to the City Attorney's Office. Claim of Michael Jensen, 1881 Mechanic #107, filed March 23, 1989, was read. Referred to the City Attorney's Office. Claim of Parking Marking, Inc., 1729 Selby Ave., filed March 23, 19P9, was read. Referred to the City Attorney's Office. 6. Letter of the City Attorney's Office announcing a date of. ,public hearing for April 12, 1989,.before .an. Administrative Law: Judgge pertainingg to possible adverse action, against.,licenses.held by Donald Rubbelke dba R &:R Lounge located at 992 Arcade. (CC #13124) Filed . cumin F REPORTS 7. Resolution.- 89-378 - Accepting the Ayd Mill Road Study Phase I.Reoort,. requesting Administration to develop funding strategy for and initiate EIS to study further alternative road configgurations, requestingg issues as stated be addressed in the EIS, increase enforcement .of 45 mph speed ,limits, and requesting State Department of Transportation and City's Public Works Department. to .Provide.aporopriate signage for indirect connection between south -I-35E and. west I-94. (Public Works Committee recommends aooroval with amendment) Council member Long referred to and moved approval' of the substitute resolution. Adopted Yeas - 7 Nays - 0 NEW. BUSINESS - RESOLUTIONS 8. Resolution - 89-558 - Amending the 1987 CIB budget by transferring $40,000 for construction of the Eileen Weida Park. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. John Wirka aooeared.and referred to sites being converted to Parks and he explained the requested budget amendments. Adooted Yeas - 7 Nays - 0 9. Resolution - 89-559 - Amending the 1988 CIB budget by adding$373,500 for the Minnehaha Avenue project from White Bear Avenue to McKnight. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. -178- u V April 4, 1989 4. First Reading - 89-557 - An ordinance amending Section 16B of the Civil Service Rules by adding a new section protecting employees from retaliation when reoortin@ violations of law, etc. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. APPLICATIONS - COMUNICATIONS 5. Claim of Robert Buechner,1829 E. Margaret, filed March 23, 1989, was read. Referred to the City Attorney's Office. Claim of Chris Cudak, 245 Summit, filed March 22, 1989, was read. Referred to the City Attorney's Office. Claim of Sharon Dee, 9240 University Ave. N.S. #229, Coon Rapids, MN filed March 22, 1989, was read.. Referred to the City Attorney's. Office. Claim of:Darin Haines, 2626 Stevens Ave. S., Minneapolis, MN filed March 22, 1989, was read. Referred to the City Attorney's Office. Claim of Michael Jensen, 1881 Mechanic #107, filed March 23, 1989, was read. Referred to the City Attorney's Office. Claim of Parking Marking, Inc., 1729 Selby Ave., filed March 23, 19P9, was read. Referred to the City Attorney's Office. 6. Letter of the City Attorney's Office announcing a date of. ,public hearing for April 12, 1989,.before .an. Administrative Law: Judgge pertainingg to possible adverse action, against.,licenses.held by Donald Rubbelke dba R &:R Lounge located at 992 Arcade. (CC #13124) Filed . cumin F REPORTS 7. Resolution.- 89-378 - Accepting the Ayd Mill Road Study Phase I.Reoort,. requesting Administration to develop funding strategy for and initiate EIS to study further alternative road configgurations, requestingg issues as stated be addressed in the EIS, increase enforcement .of 45 mph speed ,limits, and requesting State Department of Transportation and City's Public Works Department. to .Provide.aporopriate signage for indirect connection between south -I-35E and. west I-94. (Public Works Committee recommends aooroval with amendment) Council member Long referred to and moved approval' of the substitute resolution. Adopted Yeas - 7 Nays - 0 NEW. BUSINESS - RESOLUTIONS 8. Resolution - 89-558 - Amending the 1987 CIB budget by transferring $40,000 for construction of the Eileen Weida Park. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. John Wirka aooeared.and referred to sites being converted to Parks and he explained the requested budget amendments. Adooted Yeas - 7 Nays - 0 9. Resolution - 89-559 - Amending the 1988 CIB budget by adding$373,500 for the Minnehaha Avenue project from White Bear Avenue to McKnight. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. -178- i April 4, 1989 10. Resolution - 89-560 - Amending 1989 CIB budget by adding $755,550 for MSA contingency. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 11. Resolution - 89-561 - Amending the 1989 CIB budget by transferring $96,020 to River Boulevard oroject. (FOR REFERRAL Chemo EE,ssiooi TO THE PUBLIC WORKS +, Referred to the Public Works Committee. 12. Resolution - 89-562 - Amending the 1989 CIB budget by transferring $100,000 from the West Seventh Street widening to Dale Street right-of-way acquisition project. (FOR REFERRAL TO THE PUBLIC WORKS. COMMITTEE) 7777-7— Referred to the Public Works Committee. 13. Resolution - 89-563 -Amending the 1989 CIB budget by transferring $100,000 for the :reconstruction of the .Snelling/Marshall intersection ' and existing bridge. UR,ACTION) ncilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0- ^ 14. Resolution - 89-564 - Amending the 1989 CIB budget to provide $39,200 for construction work on Mississippi River Boulevard at Marshall. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 15. Resolution - 89-565 - Amending C.F. 88-1681 by extending comoletion date to comolete interior for remodeling property owned by Melvin Merriewether located at 856 Edmund to no later than June 1, 1989. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays.- 0 16. Resolution - 89-566 - Denying the appeal of Gary Lassen to a Summary Abatement Order for removal of abandoned vehicle located at 814 Sherburne and allowing him two weeks.to comply with order. (FOR ACTION - Hearing held February 28th) Council member Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 17. Resolution - 89-567 - Authorizing the Mayor to submit the CDBG Year XV Statement of Community Objectives and Projected Use of Funds to HUD, to submit to HUD any assurances, certifications, technical changes or additional information that may be required in their review of the City's CDBG Year XV Submission for Federal Assistance, and upon aooroval authorizing proper City officials to execute the grant rnand eFINANCE t heCDBGYearXVProgram. (FOR REFERRAL TO THE COMMITTEE)d the City for Y•w. Referred to the Finance Committee. 18. Resolution - 89-568 -Authorizing orooer City officials to execute an agreement with the�State Department of Transportation for .the cost, maintenance and operation of traffic control -signal project on 11th Street at St. Peter and on 11th Street at Wabasha and the revision of the existing signal on 12th Street at Wabasha. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) M Referred to the Public Works Committee. 19. Resolution - 89-569 - Identifying structures located at 695 Conway 510 Ohio 551 Sherburne, 723 Thomas and 684 Virginia as nuisance orooerties. (FOR ACTION] Councilmember Rettman moved aooroval of the resolution. _ - Reo. Trim ball aooeared and said he is not speaking against the resolution but is requesting consideration of one orooerty that was the boyhood home of Supreme Court Justice Warren Berger and which is being considered for possible Historic Preservation Commission designation. (Discussion continued on following page) -179- Aoril 4, 1989 jar Vii- `� (Discussion continued from previous page) < Councilmember Rettman explained this resolution starts the process and that each orooerty will be before Council as a seoarate matter and she explained the City's goal for these properties not to become a nuisance to the neighborhood. Council member, Dimond said Reo. Trimball has done a tremendous amount of work on historian issues in this community as well as the community itself and he said the Council is very supportive of HPC designations. Roll call on the motion for approval. „n Adooted Yeas - 7 Nays - 0 x ` 20. Resolution 89-570 - Approving aoDlication for funding from the Youth Athletic & Sports 'Fund for the Lexington-Hamline Community Council, Highwood Hills k .�y Gymnastics and the Parkway Little League, Inc., and authorizing proper City officials to execute agreements to disburse said funds. (FOR ACTION) Councilmember Scheibel referred to a court ruling on funding for youth activities and he said discussion will, be held in Community & Human Services r� a Committee and Councilmember Rettman said she will schedule a soecial meeting for this discussion. After considerable discussion Ed Starr explained options Council has regarding this resolution and other related items as they appeared before them and he suggested laying actions over until a decision has been made on the court ruling. Laid over indefinitely. Upon request of Councilmember Scheibel, Councilmembers Dimond and Wilson moved a that the rules be suspended to consider an. item not on the agenda pertaining to 5 a takeover of Northwest Airlines. Adopted Yeas - 7 Nays - 0 aM c Resolution - 89-614 - Supporting efforts legally taken to helo orevent a hostile rY or leveraged takeover of Northwest Airlines and su000rting efforts of Governor Peroich to prevent such a takeover and offering assistance of the City of St. Paul. Leo Walter, Dan Lockner and Bob Roy appeared and all spoke in support of the resolution. Councilmembers Dimond, Wilson and Long spoke in support of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 21. Resolution - 89-571 - Authorizing proper City officials to submit grant applications to Independent School District #625 for youth develooment projects and to complete necessary agreements and acceot each youth development grant from St. Paul Community Education. (FOR ACTION) Councilmember Wilson moved approval of the resolution. F Adopted Yeas - 7 Nays - 0 fa 22. tos�be iin and near the' Capitolaeaation of and centralrecore,Rre uestice noancity ��fs ` administration..work with state officials to foster said expansion into .the targeted area and requesting the. State to formally establish policy giving a oriority consideration to locatingg state offices in the target area. (FORK REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) �! Referred to the Housing & Economic Develooment Committee. 23. Resolution - 89-573 - Authorizing Drooer City officials to execute a contract with the Commissioner of Transportation detailing the engineering and administrative procedures for City road or bridge orojects financed with federal funds. (FOR REFERRAL TO THE PUBLIC WORKS, COMMITTEE) Yr Referred to the Public Works Committee. 0 180 - April 4, 1989 24. Resolution - 89-574 - Approving contract agreement for remote metering systems between the Board of Water Commissioners and the City of Falcon Heights. (FOR ACTION) Counci member Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 25. Resolution - 89-575 - Authorizing payment to George and Mary Taylor and their attorney in the amount of $10,000 from the Tort Liability fund in full settlement of their claim. (FOR ACTION) Councilmembers Long and Rettman moved aooroval of the resolution. Adopted " Yeas' -'7 ` 'Nays,'- 0 26. Resolution - 89-576 - Suspending for 15 consecutive days the Off 'Sale Intoxicating Liquor, Cigarette and Original Container Licenses held by Hawkeye Liquor Store located at -111 Concord Street with conditions as listed and adopting findings of fact and conclusions of the Administrative Law Judge. (FOR ACTION - Hearing held March 23rd) Councilmember Rettman moved aooroval of the resolution. Adooted Yeas -.7 Nays"- 0 Later in the meeting Councilmember Sonnen'referred to a date of March 31 in one of the conditions and there was agreement to 'change the date to April 15th. 27. Resolution - 89-577 - App'proving assessment 'for sidewalk reconstruction for parts of'Carroll, Clear, DeSoto, Eustis, E. 5th, E. 4th, Fremont;' Marion and Ruth Streets, and setting date `of'oublic`hearing for May 9, 1989. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 28. Preliminary Order - 89-578 - Reconstructing sidewalk on the west side of Nina Street from Summit to Maiden Lane, and setting date of Public hearing for May 11,'1989: Councilmember Rettman moved aooroval of the order: Adopted Yeas - 7 Nays - 0 29. Preliminary Order - 89-579`- Reconstructing sidewalks for Darts of Summit Avenue, and setting date of public hearing for May 11, 1989. Councilmember Rettman moved aooroval of the order: Adopted' Yeas - 7 Nays - 0 PUBLIC HEARINGS 30. Hearing for the acquisition of -properties under URAP"for the North End Partnership Development Area in North End District 6 north of Sycamore Street. No one appeared in 0000sition'. Councilmember Rettmao moved aooroval of the acquisition. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-580 - Approving the petition of the State of Minnesota to vacate Darts of Summit, Ninth, Smith, College, Iglehart and Rice for the construction of the Minnesota History Center. (Pub ic'Works Committee recommends aooroval) No one aooeared'in 0000sition. Councilm6nber Goswitz'moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 181 - April 4, 1989 32. Resolution - 89-581 - Ratifying assessment for the grading and. paving of the north -south and east -west alleys in Blk. 1 King's Arcade Park bounded by Wheelock Parkway, Arcade, Sherwood and Walsh. tPublic Works Committee laid over to April 5th) No one aooeared in opposition. Upon request of Councilmember Goswitz this resolution was laid over indefinitely. Laid over indefinitely. 33. Resolution - 89-582 - Ratifying assessment' for improving Alameda Street from Arlington to Nebraska. (Public Works Committee recommends aooroval) No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. i Adopted Yeas 7 Nays,- 0 34. Resolution'- 89-583 - Ratifying assessment and acquiring permanent utility easements in connection with the Syndicate/Fairmount Storm Sewer System. (Public Works Committee recommends approval) No one aooeared in 0000sition. Councilmember Goswiti moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 35. Resolution - 89-584 - Ratifying assessment by grading and paving alley in Blk. 33, St. Anthony Park bounded by Everett Court, Energy Park Drive, Tainter Street and Marsh Court (Public Works Committee recommends aooroval) No one aooeared in oppositions Councilmember Sonnen moved approval of the resolution. Adooted Yeas - 7 Nays - 0 36. Final Order'- 89-585 - Condemning and taking permanent utility easement under and across Soo tine PlatNo. 4 in'connection' with the Jackson/Magnolia Storm Sewer Separation Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Rettman moved aooroval of the order. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-586 Aooroving/denying application for the renewal of State Class A Gambling License applied for by Midway Training Services located at 1324 E. Rose Street. Previous discussion from today was referred to regarding laying these items, over until a decision has been made oertaining to a court ruling. Christine Rozack of the Licensing Division aooeared and said they still have 30 days to act on this'item. Harold Kerner, Director of Midway Training Services, aooeared and sooke in 0000sition to laying this over because of their limited resources in serving mentally retarded persons. No one else aooeared. Laid over to April 13th. 38. Resolution -'89-587 - Aooroving change in officers by adding William Madden as President George Stewart as Vice President and Thomas Dougherty as Treasurer to the On Sale Liquor, Sunday On Sale Liquor, Entertainment III, Off Sale Malt and Restaurant Licenses held by the Town & County Club, Inc. dba Town & Country Club located at 2279 Marshall Avenue. No one aooeared in 0000sition. Councilmember Sonnen moved approval of the resolution. Roll call. Adooted Yeas - 7 Nays - 0 -182- i - 183T. - {. __ , t�. µi � April 4, 1989 39. Resolution - 89-588 - Approving application for Second Hand Motor Vehicle Dealer 6 r + and Dealership Reoair Garage License applied for by Robert Martinson dba <M Gladstone Used Cars located at 845 S. Robert Street. letter he number of k, Councilmember Scheibel referred to a received with a complaints and he requested a two week layover. v Robert Martinson appeared and spoke in agreement to the layover in order to resoond to the letter of complaint. y a Laid over to April 18th. i 40. Resolution - 89-442 - Approving application for General Reoair Garage License applied for by Daniel Johnson and David Christianson dba f)idway. Truck Service from March 14th r *err located at 1047 Raymond Avenue. (Laid over Councilmember Sonnen said the Community Council met and held discussion and are in favor of this aoolication'and she moved approval of the resolution. �r! Roll call. Adopted Yeas - 7 Nays - 0 41. Resolution - 89-534 - Approving application for the renewal of On Sale Wine and s" Y supporting Class III Licenses applied for by Ristorante Luci located at 470 S. Cleveland. (Laid over from Marcii 28th - E.F. 89-443) Councilmember Long said problems have now been worked out and he moved approval of the resolution with amended conditions. r: Roll call. Adopted Yeas - 7 Nays - 0 Y 42. Resolution - eat -637 a F 635her licenses held8byy5David and ErnestnYarulsso'dbaiYarusso'slBar iocateduor 'Avenue: CONTESTED) 'a� Payne (NOT Tom Weyandt appeared and briefly expplained background information on this item. S He'saf Phil Byrne -has pointed out there are`no'mitigating circumstances and he "y) recommends a three day suspension. David Yarusso aooeared and' said he is not contesting the events happened and they have never had problems before and he answered questions of Councilmembers. Councilmember'Scheibel said because of their oast history, that family'members were oresent and because of the time he would be willing to deviate from the three day suspension. Councilmember'Sonned referred to comments made of Phil Byrne for no reason to deviate and she sooke in favor of a three day suspension. Upon question of Councilmember Long, Mr. Weyandt explained the matrix as it pertains to language of display versus sale and Chris Van Horn of the License Office referred to and explained State law. Councilmember Long spoke in favor of a one day deviation from the three day �- susoehsion: - - There was considerable discussion on the need to seoarate the issue between displaying and selling and Councilmember Goswitz spoke in support of a one or twoday' suspension. tomorrow in her Committee h> a n Councilmember Rettman stated there will be discussion regarding the matrix system and she spoke in favor of a two day suspension.' F Upon of Councilmember Sonnen,`Mr. Weyandt referred to a gambling question violation at his location in 1987 and after'some'discussion it was "determined a the issue before Council today could not be brought up as a second violation. u" No one else aooeared. Councilmember Rettman moved that the license be susoended for two consecutive _ days on April 17th and April 18th. U 4 Roll call Adopted Yeas - 6 Nays - 1 (Sonnen) (Discussion continued on following page) - 183T. - {. __ , April 4, 1989 (Discussion continued from previous page) Councilmember Dimond said he is very frustrated because of the lack of education that licenseholders have on issues such as this and he said we need a better education program. Councilmember Wilson said a summary can be written up and circulated to licenseholders and he requested both the License Office and the City Attorney's Office to work on it. 43. Report of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by the Nakoyah Jaoanese Restaurant located at 1569 W. University Avenue. '(Laid over from' March 9th) Tom Weyandt appeared and explained circumstances involving this particular license and the'oroblems because of a language barrier. He expressed concern if the establishmentis allowed to run on a day-to-day basis because of health reasons and he requested the Council of Asian Pacifics in Minnesota be involved to help with the language problem. Mr. Dung Suh appeared and upon question of Councilmember Scheibel said he understood the condition for going to school to learn more about the restaurant business and he said he will do what is required. Councilmember Scheibel noted that a resolution needs to be drawn uo and in the meantime agrees' that the Council of Asian Pacifics in Minnesota or another interpreter needs to be contacted. Tom Weyandt urged Council to question Mr. Suh on when he plans to become actively involved with the restaurant and upon that question Mr. Suh stated very soon. There was some 'discussion and, Mr. Weyandt 'stated it is not the burden of the City Attorney's Office to force an interbretdr if anyone chooses not to have one and, he exoressed concern that the father doesn't understand the business nor aooreciates it to run it in a fashionable manner and, that Dung Suh cannot change his mind. There was considerable discussion and Councilmember Wilson stated the City Attorney's Office is doing what is required of them and he noted this is a contested' case. He said the oroblem is the establishment is still in business and the owners don't understand our health requirements and there is a communication Droblem. He said these oroblems should have been recognized before it came before us today and we cannot rely on the City Attorney's Office to bring interpretors in. Mr. Weyandt noted that one family member is able to speak English but he has gone away and no one knows where is he and the problem is a change in personnel within the establishment. Councilmember Long said this is a very sensitive issue but we do need to act today and in the meantime get an interoretor for when the resolution comes before Council and Councilmember Long moved aoDroval of the ALJ report. There was further. discussion stated and Councilmember Rettman said she called the Health' Division for an interoretor to be present at the reinspection to be held before the resolution comes before Council. It was noted that Frank Staffenson of the Health Division was oresent and understood the need for an interoretor to be oresent at the inspection. After' further discussion Councilmember Sonnen moved that the item be laid over one 'week to April 11th with an inspection to be made during the iterim Period. ' Roll call on the motion. Adopted Yeas - 7 Nays - 0 Upon request of Councilmember Scheibel, Councilmembers Dimond and Wilson moved that the rules be suspended to consider an item not on the agenda Pertaining to Marlene Anderson. Roll call. Adopted Yeas - 7 Nays - 0 Ott -I'm i MINUTES OF THE COUNCIL 9:00 A.M. APRIL 6, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0. -. Ron Maddox aooeared and reoorted on the status of the Riverfront Festival and said they looked at nine applicants and chose Rose Enterorises and he outlined the dates .of the Festival' and other changes that will be made and he said a noise variance -and license application will be considered at a later date. ORDINANCES 1. Final Adootion - 89-464 - An ordinance amending Chanter 60 of the Legislative Code and rezoning property of Bruce Nelson located at 1272-1276 S. Point Douglas Road from B-2 to R-1. (Hearing held February 23rd) Councilmember Dimond moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17645 2. Final Adootion - 89-310 - An ordinance amending Chapters 60 through 67 of the Legislative Code pertaining to regulation of colleges, universities and seminaries. (Planning Commission recommends aooroval) Councilmembers Rettman and Wilson moved aooroval of the ordinance. Councilmember Sonnen said it was a good hearing last week and she still belives some of the conceots needs further study but she would recommend aooroval today and suggest there be another study and look at other issues in about a year. Councilmember Wilson said he will ask the Planning Director to reconvene the Task Force and examine issues again. Adopted Yeas - 7 Nays - 0 Ord. #17646 3. Final Adootion - 89-465 - An ordinance temporarily amending Ord. No. 13534 oertaining to one way streets and adding Pinehurst westbound from Kenneth to Cleveland. (FOR ACTION) Councilmember Long moved aooroval of the ordinance. Adopted 'Yeas- 7 Nays - 0 Ord. #17647 APPLICATIONS - COMMUNICATION 4. Claim of Wally Bodmarczuk, 1829 E. Cottage, filed March 27, 1989, was read. Referred to the City Attorney's Office. Claim of Milan Petrovich, 252 E. 9th Street, filed March 27, 1989, was read. Referred to the City Attorney's Office. Claim of W.W. Vose, 684 Transfer Road, filed March 27, 1989, was read. Referred to the City Attorney's Office. Claim of James Wilson, 2979 Chisholm Parkwaya, Maplewood, MN filed March 27, 1989, was read. Referred to the City Attorney's Office. 5. Summons and complaint in the matter of Barbara Downs for Shannon Downs vs. the City of St. Paul et al. Referred to the City Attorney's Office. - 186 - - 187 - April 6, 1989 6. Summons and complaint in the matter of Clarence and Dena Favilla vs. the City of St. Paul et al.' 'z Referred to the City Attorney's Office. ' 7. Summons and complaint in the matter of Paul Koelsch vs. the City of St. Paul et al. Referred to the City Attorney's Office. 8. Administrative Orders D-10190 through D-10202 were noted as on file in the City Clerk's Office. NEN BUSINESS - RESOLUTIONS 9. Resolution - 89-591 - Amending Section 8.A of the Civil Services Rules oertaining to appointment of employees when titles are merged. (First Reading - REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 10. Resolution - 89-592 - Approvingg the City of St. Paul Cafeteria Plan Document. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 11. Resolution - 89-593 - Amending the 1989 budget by adding $14,953 to the Financing and Spending Plans for Parks and Recreation Supply and Maintenance grass -cutting, snow removal, litter oick up and other exterior tasks. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Comnittee. 1 12. Resolution - 89-594 : Amending the 1989 budget by adding $2,334 to the Financing. and Soending'Plans for Parks and Recreation Suooly and Maintenance snow removal. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 13. Resolution - 89-595 - Authorizing proper City officials to execute an agreement with the law firm of Robins, Kaplan, Miller and Ciresi to provide services to PED and Public Works to develoo and implement projects and programs in monitoring and lobbying Congress it a rate not to exceed $36,000 to be shared equally between the two departments. (FOR ACTION) Upon question of Councilmembers', Diane Lynch appeared and explained the purpose of the resolution and outlined the items that will be lobbied. - Councilmember Wilson said he has some concern about who will setting priorities for lobbyists in Washington and Ms. lynch explained some of the items that will be involved. Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 14. Resolution- 89-596 - Su000rting.S.F. 1079 which assists low income homebuyers in purchasing and maintaining property. (Legislation Committee recommends aooroval) Ms. Lynch aooeared and answered some questions of Councilmember Goswitz concerning this proposal. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 15. Resolution - 89-597 - Supporting proposed changes in the Truth -in -Taxation law. (Legislation Committee recommends approval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 187 - -188- April 6, 1989 16. Resolution - 89-598 - Requesting the Mayor's Administration to lobby to the State Legislature for full support of the oroDosed Minnesota Department 1989 State Refugee Initiative. (Legislation Commfttee recommends aooroval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas 7 Mays 0 17. Resolution - 89-599 - Supporting H.F. 624 oertaining to the licensing of real estate appraisers. (Legislation Committee recommends aooroval) Councilm6pber Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 18. Resolution - 89-600 - Supporting the 1989 agenda of the Food First Coalition. (Legislation Committee recommends aooroval)q, Councilmember Dimond moved aoproval'6f the resolution. 0 L(L T Adooted Yeas - 7 Nays - 0 19. Resolution - 89-601 - Supporting State Legislation which would set up a state loan fund for local clean uo efforts of oolluted land for redevelooment. (Legislation Committee recommends aooroval) Councilmember Rettman moved ao roval'of the resolution. Ado.oted Yeas - 7 Hays - 0 20. Resolution - 89-602 - ADDroving the rea000intments by the Mayor of Gerald 'Thomas Beedle Robert Reistad, Delaney and James Yannarelly to serve on the Examining Board of Truth -in -Housing Evaluators. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 21. Resolution - 89-603 -Approving the a000intments by the Mayor of Craig Wruck and Victor Angerhofer to serve on the Metropolitan Aircraft Sound Abatement Council. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 22. Resolution - 89-604 - Approving the appointment by the Mayor of Kate Seng to serve as a member of the St. Paul Overhight Shelter Board. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 23. Resolution - 89-605 - Authorizing proper City officials to execute an agreement with the State Deoartment of ransoortation to cover cost, maintenance and oceration of traffic signals at the ramps of 1-94 and 6th Street and Mounds Boulevard (TH 61). (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adopted Y6as - 7 Mays - 0 24. Resolution - 89-606 - Holding harmless, taking full resoonsibility and defending any claims, injury, action, legal proceeding or settlement arising out of participation by St. Paul's Junior' Royalty Program to the St. Paul I Winter Carnival in the Minneapolis Aquatennial parades and holding the Minneauolis Aquatennial harmless of same. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adopted Ygas - 7 Nays - 0 -188- April 6, 1989 PUBLIC HEARINGS ernk i 26. Petition of Jaguar Properties/Delta Realty to rezone orooerty located on the . east side of Rice Street between Wheelock. Parkway and W. Iowa Street from B-3 R-4 to B-2 `irXyj_ and to construct a retail sh000ing center. (Public hearing closed - Laid over from March 30th) #� =+ Upon question of Council members, Ms. McPeak of the City Attorney's Office explained that the zoning line goes to -the: middle of the street. Councilmember Rettman said she is ready to move aooroval of this item and the �+ following item with the same stipulations that the Planning Commission approved and with six additional stipulations which she outlined and asked to be out into form by.the:City Attorney and with the rezoning to.go only to the property line Councilmemb er Sche bellsaid Councilecannot out conditions on a rezoning but he asked the petitioner if he agrees to the conditions. Mr. Sax appeared and said he has no problems with the conditions. Councilmember Sonnen said she has concern about the conditions and whether there is need for a setback variance. Mr. Segal of the City Attorney's Office explained that conditions cannot be a part of a zoning and :Council member Scheibel said the conditions will be part of the record agreed to by Mr. Sax. Mr. Freese of the Planning staff explained the rezoning to the orooerty line and said they will investigate to see whether a side yard setback variance is required. i Councilmember Rettman referred to the need to orotect the Parkway and stressed that the rezoning should only be to the orooerty line. x 1a� Roll, call on the motion to approve the oetition with the rezoning only t0 the orooerty line. t Adopted Yeas - 6 Nays - 1 (Sonnen) Councilmember Wilson said he will examine the setback issue on parkways in theHousing & Economic Development Committee and Councilmember Dimond said there should be a discussion on having a zoning district for public land. 27. Resolution -, 89-546 - Approving the petition of Ruth Thomoson for the vacation of alleys in Blk. 5, Merrill's Division of Rice Street Villas for property bounded by Rice, Wheelock Parkway, Iowa and Park. (Public hearing closed - Public Works Committee submits to Council without recommendation . Laid over from March 30th) (See discussion above) Adopted Yeas - 6 Nays - I_(Sonnen) 25. Third Reading - 89-556 - An ordinance amending Section 157.04(8) of the Legislative Code pertaining to 24 hour narking restrictions. No 1 one appeared it 0000sition. Mr. Shetka of the Public Works. Department said the ordinance imoacts maintenance ° work and they will draft another ordinance allowing temporary parking V{� restrictions for maintenance work. Councilmember Long expressed concern about the enforcement language and �* 4 : N suggested that the last sentence of the proposal be striker in its entirety and R after some discussion he moved that the second sentence be deleted. Adopted Nays - 0 Final ,x Laid over to April 13th for Adoption. F 28. Resolution - 89-607 - Aooroving the renewal of Off Sale Liquor License issued to Peter Divinski dba Rite Liquors located at 645 S. Snelling. No one appeared in.0000sition... Councilmember Long moved approval of the resolution. Adopted it a Yeas - 7 Nays - 0 -189- I\ 1111 �- / .. t� �k + April 6, 1989 F G! 29. Resolution - 89-608 - Approving application for the renewal of various Class III licenses as listed. i"5 No one appeared in 0000sition. Councilmember Long moved approval of the resolution. j air ; Adopted Yeas - 7 Nays - 0 30. Resolution - 89-609 - Approving application for the renewal of various On Sale Liquor and supporting Class III licenses as listed. 31. Resolution - 89-610 - Approving with stioulations application for the renewal of Second.Rand Dealer Motor Vehicle License applied for by Kathleen Yankovec dba ' tArlington F,;; Auto Sales located at 228 E. Arlington." (Laid over from March 2nd) Councilmember Rettman referred to a letter, concerning zoning conditions which are not completed and .she recommended that -the conditions be completed by May y 1st or adverse action will be started. Katr d said completeid cbacktop ingth some and she asked untilred June 1st t and thehfence andshe u k referred to oroblems with the fence because of the neighboring property. Councilmember Rettman said the conditions were placedon the license a year ago and have not been completed and Ms. Yankovec said they will go along with May 15th except they need more time on the fence issue. Councilmember Rettman stressed that the conditions must be completed and she X moved that this item be laid over until May 16th at which time the license will either be renewed or if the conditions are not completed adverse action will be started. After further discussion Councilmember Rettman moved aooroval of the resolution to renew the license subject to stipulations and adding the fourth orovision that the stioulations must be completedby May 15, 1989 otherwise adverse action will be commenced. Adooted Yeas - 7 Nays - 0 32. Resolution - 89-611 - Approvin /denying aoolication for Class A Gambling Location License applied for by Scanlon's Ace Box Bar and Pub (Thomas Scanlon, Pres.) located at. 2162 University. (See .discussion below.) Laid over to April 13th 33. Resolution - 89-612 - Denying aoolication for State Class B Gambling License applied for by the Minnesota Folk Festival, Inc..at the Ace Box Bar located at 2162 University. Councilmember Sonnen said she is recommending denial and the St. Anthony Community Council wants a town meeting on this issue April 12th but because of r the time constraints it should be denied and they can reapply.. Councilmember Long suggested not approving any gambling licenses until the legal �v questions on the youth fund have been decided. Councilmember Rettman said Committee will discuss this issue next Monday and she recommended aooroving the location license and managers license and laying over the gambling license until next Tuesday. a u r{r% After further -disc ussion it was agreed and Councilmember Rettman moved that this resolution on the State license be denied and that the other two licenses be laid over to April 13th. Adopted Yeas - 7 Nays - 0 34. Resolution - 89-613 - Approving/denying application for Gambling Manager's License applied for by Alan Kagan dba the Minnesota Folk Festival, Inc. located h { at 2162 University. (See discussion above.) Laid over to April 13th 'r e a '� - 190 - 4' Sr April 6, 1989 35. Hearing to consider the request by the Public Works Department for an exemption from April 15 through M from the sound level restriction of the Noise Ordinance November 1, 1989 in connection with the Albemarle/Nebraska Combined Sewer $ Separation oroject. Pete Kischel of the Health Division explained the request and said their A.M. to 11:00 P.M. rather than r 1 recommendation is to limit the variance from 6:00 24 hours a day. Jeff Gross reoresentingg Stuart Corporation and Lamolight Apartments said there in and he thinks 11:00 P.M. r are at least i,000 Deople involved this neighborhood is Soo late and 6:00 A.M. is too early. Councilmember Rettman explained the restraints on construction projects and said the extended. times, will be for only dart of the project. Mr. Kuhfeld said they don't know if they will use the extra hours but they must rna,, plan it if it becomes necessary and if the project cannot be completed - fri'a .for within" 90 days ,due to weather or other problems. - Councilmember Sonnen suggested that the pile driving be confined to more ?' io }a restrictive hours. Mc. Kuhfeld said the Public Works Department might have to come back for a modification to meet the 90 da completion requirement. A representative of Short Elliot Hendrickson Consultants explained the time involved pile driving and said that probably can be completed during a : 9r' .for regular work day. A resident from,1486 Farrington referred to noise problems and suggested the limit be an 8-hour work day and said he would rather lengthen the project. Councilmember Scheible referred to problems with the noise related to pile t driving and said he would rather extend the 90 day limit. Councilmember Rettman said if there are orobiems the 90 day limit can be extended and she would support the variance provided that Dile driving be x ' restricted to one shift. A lady from 1571 Woodbridge spoke in apposition to noise at 6:00 A.M. and as a . j late at, 10:00 R.M. and, said she,;would rather lengthen, the time rather than nt extend the hours. After further discussion Councilmember Rettman moved adoroval of the variance with the stipulation that it be: between 6:00 A.M. and 10:00 P.M. with one shift of pile driving between 7:00 A.M. and 500 P.M. Adopted Yeas - 7 Nays - 0 ADDITIONAL. ITll+t Appeal of Vernon and Mabel„Ruttan to a decision of the Planning Commission which granted a special condition use oermit to Park II Development Grouo to construct a 6-unit cluster housing develoanent located at 2389-2399 Commonwealth Avenue. Lisa Freese of the Planning staff gave the staff reoort and explained the permit that was granted and the appeal and the reasons for the appeal. Mrs. Ruttan, 2183 Commonwealth, said they feel the new develeopment is not compatible with the area, and are concerned about a mass of buildings crammed inti a Vern Ruttal sall i nd he thinks the density of the project is out of character with yah s' the neighborhood and cluster housing is permitted but not mandated. Councilmember Goswitz left the meeting at this point. Wanda Lorentzen described the process through the neighborhood and referred to h EKY conditions and referred to action of the District Council rescinding their aooroval and she submitted a petition of 81 neighbors in opposition and she referred to locations of the oeoole in opposition. She said they are not 0000sed to develounent but are opposed to cluster development. (Discussion continued on following page) � � r " - 191 - Aoril 6, 1989 (Discussion continued from previous nage) Bill Slettom described on a map other uses in the area and said the character of the area is single family homes and he urged support of the character of the area and a denial of the request. A'oerson from 2362 Carter said the develooment is too dense and the structures are incompatible and he expressed concern about Mr. Townley and his involvement in the District Council meeting and as a real estate agent for the property. Dick Schoen aooeared and said he had not talked with Mr. Townley Prior to the first Zoning meeting and no commitments have been made with Mr. Townley and he has only discussed the issue with him. He said Mr. Townley was not in conflict at the first vote and abstained from the second vote after he had talked with them. He also said they didn't make a'presentation to the Housing Committee of the District Council .when they rescinded their recommendation and he said he has not developed a orooerty with Mr. Vik before. He said this is not a rezoning and signatures of the neighbors are not necessary and they followed all the requirements for this proposal and it is a single-family development attached by a party wall. He said the units are not incompatible and are energy-efficient and he explained the location of the lots and the size and design of the buildings. Mr.' Vik aooeared and said he lives in the area and he proposed this as a best use of the area and the homes will be sold and not be rented and they anticipate the sale at about $125,000 each with Possible additional additives. Mr. Schoen'said he thinks the price might be closer to $150,000. Steve Townley said he was a member of the Housing Committee of District 12 and at the time of the first discussion he had not been approached by Mr. Schoen and since that time he has abstained from voting and he said charges about improoriety'are groundless. Councilmember,Dimond left the meeting at this Point. Councilmember^Sonnen said in some ways the District Council vote is-irrelevent because the recommendations are advisory. Another lady from the area aooeared and said she believes the District Council didn't hear all the concerns and she said the neighborhood must be taken into consideration and the plans keen changing. No one else aooeared. Councilmember Sonnen moved that the oubiic hearing be closed. Adooted Yeas - 5' Nays - 0 Councilmember Scheibel said because of the lateness of the hour and the fact that not`all Councilmembers are present this item will be continued until Tuesday, April 11th and would be considered at about 9:30 A.M. Council member Sonnen requested a suspension of the rules to consider a resolution which would allow oayment of one-half of the cost for a groundbreaking ceremony for the Marshall/Lake Street bridge and she said the other half of the cost will be paid by the City of Minneapolis. There was considerable discussion and agreement to the proposal and agreement that a resolution is not necessary. Councilmember Long moved that the meeting be adjourned. Adooted Yeas - 5 flays - 0 ATTEST: A D J O U R N E D A T 12:10 P.M. ,.i A;��,106&uncli en City er Copies sent to Councilmembers�_a^/-Pct ABO:PMK Minutes aooroved by Council 192 < MINUTES OF THE COUNCIL 9:00 A.M. APRIL 11, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 6 - Councilmembers Dimond, Ooswitz, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Long (arrived at a Point during the meeting) MISCELLANEOUS 32. Presentation and film on Public Works Department Youth Corps Program. Lou Cotroneo of the Public Works Department staff aooeared and expressed appreciation to a number of people involved in this program and in the video and after the video Mr. Eggum appeared and answered several questions of Councilmembers. ORDINANCES 1. First Reading - 89-616 - An ordinance amending Section 41 of the Administrative Code pertaining to government employee solicitation. (FOR REFERRAL TO THE RULES & PO _ COMMITTEE) Referred to the Rules & Policy Committee. APPLICATIONS - COWNICATION 2. Letter of the Cityy Attorney's Office announcing an amended date of oublic hearing forApril 17th before an Administrative Law Judge pertaining to possible adverse. ac,tion against licenses held by Lawrence Krenik dba The Trend Bar located at 1537 University Avenue. Filed (CC @13125) NEW BUSINESS - RESOLUTIONS 3. Resolution - 89-486 - Approving and ratifying 1989-1991 agreement between the City of St. Paul and the City Attorney's Professional Association. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 4. Resolution - 89-617 - Approving City's participation in the EOWAAA Program, authorizing Proper City officials to execute a contract with the Minnesota Deoartment.of Jobs and Training and amending .the 1988 Funds budget by adding 8122,625 to the Financing and Spending Plans for the EDWAAA Program. (FOR ACTION) Counci member Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 5. Resolution - 89-618 Authorizing proper City officials to submit a grant aoolication in the amount of $30,000 to Target Stores, Inc. to acquire and develop orooerty for addition to Burns Avenue Fark. (FOR ACTION) Mr. Piram of the Parks Department explained the proposal and said this will be an excellent exoansion to the Park. A representative of Target Stores aooeared and presented a check in the amount of $30,000 to the City and Councilmember Dimond accepted the check and said Target has been a good asset to the area and has been a valuable member of the community and he expressed appreciation to the community, to Target and to Reoresentative Trimble for their work on this proposal. Adopted Yeas - 6 Nays - 0 -193- April 11, 1989 6. Resolution - 89-619 - Authorizing proper City officials to execute a lease agreement with Zimmerman Realty for the rental of office space at 1954 University Avenue for the Division of Public Health's Food Inspection Program. (FOR ACTION) Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 7. Resolution - 89-620 - Establishing schedule for City Council Committee meetings. (FOR ACTION) Councilmember Scheibel suggested an amendment to the resolution to change the Public Works Committee to the first and third Wednesdayand add a fifth Wednesday if there should be one and that the Housing Authority be scheduled on the second and fourth Wednesday. Councilmember Sonnen referred to discussion in Committee about when there is a fifth week available for meetings and suggested and there was agreement that the Finance Committee and the Community and Human Services Committee should add a fifth possible meeting. Councilmember Rettman moved aooroval of the resolution with the amendments as discussed and Proposed. Adopted Yeas - 6 Nays - 0 - 8. Resolution - 89-621 - Concurring with action taken by the Board of Water Commissioners and approving water main easement on orooerty owned by Andrew Realty Coro. known as Seeger Square. (FOR ACTION) Upon request of Councilmember Rettman this resolution was referred to the Public Works Committee. 9. Resolution - 89-622 - Granting variance from the noise source limitations to Big Four Productions, Inc. as Dart of the World Series of Ribs event to be held at Harriet Island May 25 -29th. (FOR ACTION - Hearing held February 23rd) Upon question of Councilmember Rettman; Mr. Kischel of the Health Division said they have not negotiated with the applicant pertaining to payment of costs for insoections. Councilmember Rettman suggested that the resolution be held over until after such a negotiation takes Places as discussed at the original hearing. Laid over one week to April 18th. 10. Resolution - 89-623 - Amending C.F. 88-1757 by changing the width of construction on Pascal from Marshall to Concordia from 44 feet with parking on both sides to 36 feet with Parking on one side. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to Public Works Committee. 11. Resolution - 89-624 - Holding the State harmless for granting a variance to MSA width standards on a portion of Burlington Road between Soringside Drive and Totem Road. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to Public Works Committee. 12. Resolution - 89-625 - Holding the State harmless for granting a variance to allow existence of three utility Doles within the two foot clear zone required by MSA standards on Chestnut Street between W. 7th and Smith. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to Public Works Committee. 13. Resolution 89-626 - Authorizing orooer City officials to oay Trans City Investments the sum of $97,660 for the acquisition of oonding area in connection with the Stillwater/Nokomis Storm Sewer project. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to Public Works Committee. 194 - April 11, 1989 14. Resolution - 89-627 - Authorizing proper City officials to deoosit with the k m �1 rM� Clerk of District Court $35,120 for easement interest in land owned by Adwell, Inc. in �s yT� conjunction with the Marshall Sewer project. (FOR REFERRAL TO n THE PUBLIC WORKS COMMITTEE) E Referred to Public Works Committee. a ; 15. Resolution - 89-628 - Adopting the amended Recreation Section of the District 14 Plan as part of the St. Paul Comprehensive Plan. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to Housing & Economic Development Committee. m 16. Resolution - 89=629 - Authorizing payment in theamount of $1,200 to Anthony Olberding from the Tort Liability fund in full settlement of his claim. FOR u, ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas -"6 Nays - 0 a 17. Resolution - 89-630 - Authorizing payment in the amount of $12,000 to Jean and Robert Wright from the Tort Liability fund in full settlement of their claim. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Councilmember Sonnen noted tliat the settlement was for a sidewalk fall and she suggested and urged that there be a discussion in the Public Works Committee aut the condition of sidewalks especially in the downtown area and "it was ' k agreed that such a report could be given by the Public Works Department to the Public Works Committee. Adopted Yeas - 6 Nays - 0 18. Preliminary Order - 89-631 - Improving Lyton Place from Rice to Sylvan, Atwater from Rice to Sylvan, Hardenbergh Place from Lyton Place to Atwater and Stellar from Lyton Place to Atwater by grading, paving ,and constructing street lighting system and construction of sanitary, storm and water connections if requested in conjunction with the Sylvan/Acker CSSP Project, and setting date of hearing for May 30, 1989. Councilmember Rettman moved aooroval of the order. Adopted Yeas - 6 Nays - 0 . 19. Preliminary Order - 89-632 - Imoroving Sargent between Snelling and Pascal by grading, paving and installing ggreen lantern style street lighting system and constructing storm, sewer or water connections if requested in conjunction with the Syndicate/Fairmount CSSP project, and setting date of hearing for May 30, 1989. Councilmember Rettman moved aooroval of the order. Adopted Yeas - 6 Nays - 0 20. Preliminary Order - 89-633 - Imoroving Selby between Howell and Fairview by grading, paving and installing green lantern street lighting system and storm, sanitary and water connections ars if requested in con Junction with the Cleveland/Portland CSSP project, and setting date of hearing for May 30, 1989. Councilmember Rettman moved aooroval of the order. Adopted Yeas - 6 Nays - 0 `F 21. Preliminary Order - 89-634 - Taking permanent easement on land southeasterly of s •' 7: Seventh Place located at Lot 1, Blk. 12, Brunson's Addition for the ouroose of f improving and maintaining the bridge, and setting date of public hearing for May 16', 1989. l Councilmember Rettman moved aooroval of the order. • Adopted Yeas - 6 Nays - 0 r k I a - 195 - Councilmember Dimond moved that the rules be suspended to consider a resolution not on the agenda Pertaining to a replacement housing policy and he said if the rules are suspended he would ask that the resolution be referred to the Housing and Economic bevelooment Committee for consideration at tomorrow's meeting. Adopted Yeas - 6 Nays - 0 Resolution - 89-662 - Establishing a Policy statement pertaining to replacement housing. Referred to the Housing & Economic Development Committee. Councilmember Dimond moved that the rules be susoended to consider a resolution amending a previous vacation resolution pertaining to one of the conditions of the resolution and he said if the rules are-susoended he would ask that the resolution be referred to the Housing & Economic Development Committee for consideration at tomorrow's Committee meeting. Adopted Yeas - 6 Nays - 0 Resolution - 89-663 - Amending C.F. 181541 adooted February 19, 1957 which vacated part of Clarence Street from Wilson to Conway and deleting certain provisions in the vacation resolution. Referred to the Housing & Economic Develocment Committee. PUBLIC HEARINGS 22. Resolution - 89-635 - Approving petition by the City of St. Paul and vacating Lots 6, 7, and 8, Blk. 2, Cole's Rearrangement, located east of I -35E between Juno and Armstrong. A man aooeared and said he is an adjacent property owner and would like to use this orooerty as an extension to his property. No one aooeared in opposition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 6 Nays - 0 The City Council at this time continued their discussion that took place in the Community & Human Services Committee yesterday pertaining to charitable gambling and the collection of the 10 percent for youth fund activities. Councilmember Rettman said she and Councilmember Wilson recommend that the money be returned to appropriate agencies, that the City continue to process applications in the normal manner, that legislation be drafted to designate ouil tab money to a soecific list and that legislation be drafted to rescind and reconstruct the 10 percent City contribution. Councilmember Sonnen said she thinks the resolution Pending to contribute to three organizations should be processed. Councilmember Dimond suggested that the various groups be asked about the disposition of funds and Mr. Byrne said organizations could be asked to leave the money on deposit with the City but he believes the money must go back because it was collected on the basis of an illegal ordinance. Councilmember Rettman said she is reluctant to go to the contingency fund to Pay youth organizations and she asked the City Attorney to Prepare the necessary ordinances as soon as possible: Councilmember Long arrived at this Point in the meeting. Councilmember Sonnen said she has questions about whether an organization with gambling can make a donation to another organization. Councilmember Scheibel expressed concern about sharing with youth organizations and concern over one or two groups that have opposed the process. Councilmember Wilson said he will ask the lobbying staff to keep a close tab on Proposed State legislation regarding gambling. - 196 - i April 11, 1989 ADDITIONAL ITEM Auoeal of Vernon and Mabel Ruttan to a decision of the Planning Commission which granted a Special Condition Use Permit to Park II Development Group to construct a six unit cluster housing development located at 23894399 Commonwealth Avenue. (Laid over from April 6th - Public hearing closed) Mr. Schoen, 2376 Commonwealth, appeared and said he regrets any discredit to Mr. Townley and he also, reviewed the discussion as it pertains to the 1978 petition to rezone which he said is irrelevant and he referred to the aopellants erroneous information on the project. He said the project is compatible and he described other uses in the area and said they have met all the requirements for cluster development and he referred to the approval of various agencies. Upon question of Councilmember Long, Mr. Vik explained why they chose cluster development, rather that, four single family homes. Wanda Lorentzen said, compatibility is the issue and the neighbors feel that cluster -type development is not compatible with the neighborhood and the vast majority of the neighbors are not in favor of the proposal. Councilmember Sonnen said this is a classic case of the rights of a propertyy owner versus the views of a neighborhood and she said the issues of the appeal' arecompatibility, density and procedure. She said she thinks the issue of density is important and most of the houses in the area are big and on big lots and there is a different type of terrain. She said cluster develooment is not over-densified according to the requirements but she understands the community's concern. She said legally the Council must find an error in the decision and she can't find that the Planning Commission errored: She said on the compatibility issue the style of houses in the area is mixed and she doesn't -see incompatibility issue as a proven fact and the developer has proposed something the Zoning and Planning Commission feel is.acceptable. She said she recognizes the opposition but legally she can't find an error in the decision. Councilmember Scheibel said he disagrees and on compatibility the Council should use the feelings of the neighbors to determine the issue and he thinks there is compatibility of single-family uses. He said the District 12 Plan made a statement about home ownership and he is also concerned that both Planning and Zoning voted with District 12 voting approval and it is clear that a committee' of District 12 acted and not the full District Council. Councilmember Rettman said she agrees with Councilmember Scheibel's comments and she referred to the staff report and said she feels the design is not compatible and there are other options and if one-half of the alley is not included'in the amount of square footage it will be much lower. Councilmember Dimond said he knows the area well and supports the comments to uphold the appeal. Upon question of Councilmember Wilson, Ms. Freese of the PED staff said compatibility should be determined on design and not on the issue of common -wall construction. Councilmember Long said he leans toward the incompatibility issue and he referred to comments about multiple -housing in an area of single-family homes as a trend and there is opposition to that trend. Councilmember Sonnen said the zoning is R-3 single-family which allows cluster development and the proposal is single-family housing. Councilmember Rettman said maybe this is the time to review the Zoning Code about cluster development in R-3 zones and she thinks there is a viable use for single family homes without any variances. Councilmember Rettman moved that the appeal be granted and error be found on the incompatibility and Procedure issues. Adopted Yeas - 4 (Rettman/Dimond/Longg/Scheibel) Nays - 3 (Sonnen/Wilson/Goswitz) - 197 - 1 - 198 - April 11, 1989 26. Resolution - 89-639 - Approving application for Class B Gambling License aoolied for by Cycstic Fibrosis Foundation at Pat McGovern's located at 225 W. 7th Street. __.., No one appeared in opposition. 4 r i Councilmember Dimond moved approval of the resolution. epA Adopted - Yeas - 7 Nays - 0 27. Resolution - 89-640 - Approving application for Class B Gambling Location License aoolied for by Pat McGovern's, Inc, dba Pat McGovern's located at 225 W. 7th Street. No one aooeared in 0000sition. - Councilmember Dimond moved aoproval of the resolution. Adopted Yeas - 7 Nays - 0 )' 28. Resolution - 89-641 - Approving application for Gamblingg Manager's License aoolied for by Paul Schleicher dba Cystic ¢, Fibrosis at Pat McGovern's located at 225 W. 7th Street. No one aooeared in 0000sition. Councilmember Dimond moved aoorovalof the resolution: Adopted Yeas - 7" Nays - 0 29. Resolution - 89-642 - Approving the transfer 'of'On"Sale Liquor, On Sale Sunday Liquor, Entertainment and Restaurant. Licenses currently issued to L. J. Carr, Inc. dba Overtime Lounge '(Laura'Jane Scheibel', Pres.) located at'733'Pierce Butler Route to Reus ' Inc. dba Macaluso's"Suorts'Bar &'Grill"(George Reus, Pres.) located at the same 'address: ,• No one aooeared in 0000sition. Councilmember Scheibel announced that he is not related to Laura Jane Scheibel. Councilmember Dimond moved approval of the resolution. " {` Adooted Yeas - 7 Nays - 0 30. Resolution`= 89-643 - Providing that the six day suspension of licenses held by "Central Grand located at 788 Grand Avenue shall commence on the second Sunday following publication of this resolution. Councilmeinber"Scheibel said a request has been made to consider a suspension of three days in one week and three days in another week, and there was some discussion and Mr. Byrne said the City recommendation is for six' consecutive" days. Councilmember Rettman moved approval of the resolution. Adooted Yeas - 6 Nays - 1 (Goswitz) 31. Report .of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse helicenses held by aring involving the Nakoyah Jaoanese Restaurant located at 1569 W. University." (Laid over from April 4th) Mr. Byrne aooeared and explained the options of the Council and referred to language barriers and to problems getting the licensee to comply with various conditions. Mr. Gunther of the Health Division said the oremises was inspected last Friday y _ and they still had some language problems although one of the staff sooke Engglish and related information to the Licensee. He explained the inspection and said there are still some problems with sinks and towels and they found evidence of rats but there was progress on the original list of deficiencies:" Upon question Council member of Rettman, Mr. Gunther said he supports the comments of Mr. Byrne that the Food Code must be followed and'it is the n responsibility of the licensee to get help to help them follow the Food Code. (Discussion continued on following page) 1 - 198 - i April 11, 1989 (Discussion continued from previous nage) Councilmember Sonnen said this item has been pending for a long time and the restaurant has been operating and she moved that the findings be updated to include Friday's insoection and that there be a three day susoension of the license and after that a 30 day susoension which would be stayed provided they comply with the recommendations of the Administrative Law Judge with the proper resolution to be oreoared. Adopted Yeas - 7 Nays - 0 23. Resolution - 89-636 - Ratifying assessment for Summary Abatements (property clean uo) from mid-October to mid-December 1988 for properties located at 896 0144 hon, 714 Hawthorne, 43 W. Sycamore and 429 Fry. (Laid over from February Mr. Ly of the Housing Code staff explained the assessment to 896 Dayton and no one aooeared in 0000sition. Councilmember Wilson moved approval of the assessment. Adopted Yeas - 7 Nays - 0 Mr. Roy explained the assessment for property located at 714 Hawthorne and at the request of the Council said he contacted PED about rehabilitation of the house which they feel is salvageable. A lady appeared and said it is her mothers home and her mother is in a nursing home and has financial oroblems and cannot afford to rehabilitate the house or TDahehassessment ere was some discussion on deferral hgarage. defer al ofthassessment and other procedures that the property owner could take and the property owner was advised that if the assessment is adopted and not paid it will go on the tax statement. Councilmember Wilson moved approval of the assessment. Adopted Yeas - 7 Nays - 0 Mr. Roy explained the assessment to orooerty at 43 W. Sycamore and circulated pictures of the orooerty and no one appeared. Councilmember Rettman moved approval of the assessment. Adopted Yeas - 7 Nays - 0 Mr. Roy explained the assessment at 429 Fry and Councilmember Sonnen said the owner is out of town and requested a layover. She moved approval of the resolution with the assessment for orooerty at 429 Fry to be laid over one week to April 18th. Adopted Yeas - 7 Nays - 0 24. Resolution - 89-637 - Ratifying assessment for boardings up of vacant buildings through December 1988. No one appeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 25. Resolution - 89-638 - Ratifying assessment for Summary Abatements (reoair of sewer service connections and rodent control) for the years 1986 through'1988. A lady from 295 E. Morton said they were originally told the assessment would be about $800.00 and now it is over $1,000.00. Mr. Nicosia of the Public Works staff appeared and suggested a layover so they can investigate this situation and he also recommended that the assessment for groperty at 271 Curtice be striken because of an error in the determination. o one else aooeared. Councilmember Sonnen moved aooroval of the resolution with the assessment at 295 E. Morton to be laid over one week to April 18th and with the assessment at 271 Curtice to be striken. Adopted Yeas - 7 Nays - 0 a -199- April 11, 1989 Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 11:25 A.M. UounciT—reesi ed' nE — ATTEST: Gooier sent to"Councilmembers' Minutes approved by Council �E - —.9—Y 57 y er AeO:PMK i I I t 200 -i 1 MINUTES OF THE COUNCIL 9:00 A.M. APRIL 13, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 6.- Councilmembers Dimond, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Goswitz (arrived at a point during the meeting) Councilmember Sonnen left the meeting at this point and returned later in the meeting. APPROVAL OF MINUTES 1. Aouroval of minutes for City, Council meetings .of February. 16, 21, 23 and 28, 1989. Councilmember Dimond moved aooroval of the minutes. Adopted. Yeas - 5 Nays - 0 ORDINANCES 6 2. Final Adootion r: 89-556 - An ordinance amending_ Section 157.04(8) of the Legislative Code pertaining to 24 hour parking restrictions. Councilmember Dimond moved aooroval of the ordinance. Adooted Yeas - 5 Nays - 0 Ord. #17648 3. First Reading - 89-644 - An ordinance amending Chanter 417 of the Legislative Code Pertaining to parking lots. (Community/ & Human: Services Committee submits to Council without recommendation with Public hearing to be scheduled for April 25, 1989) I:aie. over to April 20th for Second Reading.. Councilmember Sonnen returned to the meeting at this point. APPLICATIONS - COMINICATION 4. Claim of Patty and Loren Blixt for Katrina and Teresa Blixt, 72 E. Hawthorne, filed March 30, 1989, was read. Referred to the City Attorney's Office. Claim of ,Timothy Bonni well .(John Hughes, attny.) filed April 4, 1989, was read. Referred to the City Attorney's Office. Claim :of Marc Gast, 1717 Blair and/or 437 Wheeler, filed April 5, 1989, was read. Referred to the City Attorney's Office. Claim of Kimberly Haberkorn, 846 Birmingham, filed March 31, 1989, was read. Referred to the. City Attorney's Office. Claim of Michael danicek, 738 S. Point Douglas Road, filed March 31, 1989, was read. Referred to the. City Attorney's Office. - Claim of Barbara LaBelle,805 York, filed Aoril 5, 1989, was read. Referred to the City Attorney's Office. - 201 - t �* >, 7w '.e+c°rc. .' ,r U, g 4;1i April 13, ,1989 Claim of Richard Meyers, 132 Dahlia, Mahtomedi, MN, filed April 5, 1989, was read. Referred to the City Attorney's Office. Claim of Richard Pinc, 66 W. Manitoba, filed April 5, 1989, was read. Referred to the City Attorney's Office. Claim of Joan Styve, 69 Langford Park, filed April 4, 1989, was read. Referred to the City Attorney's Office. Claim of Jimmie Taylor, 334 Edmund, filed March 29, 1989, was read. Referred to the City Attorney's Office. Claim of Carlos Villaneuva, 507 Van Buren, filed March 5, 1989, was read. Referred to the City Attorney's Office. - 5. Summons and comolaint in the matter of Lewis R. Harris vs the City of St. Paul Referred to the City Attorney's Office. 6. Summons and complaint in the matter of Charles W. Jones vs the City of St. Paul et al. Referred to the City Attorney's Office. 7. Summons and complaint in the matter of James LeBrun vs the City of St. Paul et al. Referred to the City Attorney's Office. 8. Petitionof Victor Rosenblum to vacate a Portion of Iglehart Avenue between Fry and Snelling. Referred to the Valuation Engineer. 9. Aopeal of Warren and Carol Schuldt to a Summary Abatement Order for property located at 444 S. Point Douglas Road. Upon recommendation of the Clerk, Councilmember Wilson moved that a date of public hearing be set for April 25th. Adopted Yeas - 6 Nays - 0 Councilmember Goswitz arrived at this point in the meeting. COMMITTEE REPORTS 10. Second Reading - 88-2000 - An ordinance amending Section 41.03 of the Legislative Code pertaining to the disconnection of stormwater and clearwater connections from sanitary or combined sewers'. (Public Works Committee recommends no further action needed) Councilmember Rettman exolained the Committee discussion on this item .and orevious consideration and it was agreed that the intention is to proceed with readings and adopt the ordinance. Laid over to April 18th for Third Reading. 11. Second Reading - 89-2 - An ordinance creating anew Chaoter 236 of the Legislative Code prohibiting the use of certain packaging materials for food and beveragessold at retail. (Public Works Committee recommends approval with amendments) Councilmember Long moved that the ordinance be amended in accordance with Committee recommendations. Adooted Yeas - 7 Nays- 0 Laid over to April 20th for Third Reading. i 202 - April 13, 1989 12. Resolution - 89-229 - Approving Wage and Benefit Policy for non-reoresented management personnel. (Finance Committee recommends approval with amendment) Councilmember Long moved aooroval of the amendments as recommended by Committee. Adopted Yeas- 4 (Dimond/Lang/Scheibel/Wilson) Nays - 3 Rettma, Sonnen/Goswitz) Councilmember Sonnen referred to a letter received from the City Clerk and said she is also troubled about the differential between the reoresented and non - represented groups. - Councilmember Long explained the wage Committee recommendations and the consideration in Committee and said he met with the Cabinet and came to a compromise and he explained the amendments involved and he moved aooroval of the package as amended. Councilmember Scheibel said he sees the or000sed plan as less costly than the current plan and suggested a one week layover in order that everyone has a clear understanding of the oroposal. - After further discussion there was agreement that the resolution should be laid over for one week to allow further study and to allow a member of the Cabinet to be present along with a letter of position from the Mayor. Laid over to April 20th. 13. Resolution - 89-487 - Deleting certain obsolete language from Section 28B of the Civil Service Rules pertaining to substitute Library Specialists. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 14. Resolution - 89-488 - Amending the Salary Plan and Rates of Compensation Resolution by inserting the 1989 Standard Ranges and striking out obsolete Ian guage pertaining to salary advancement. (Second Reading & Adoption Finance Committee recommends aourova ) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 15. Resolution - 89489 - Establishing the rate of Pay for Citizen Service Analyst in the Salary Plan and Rates of Compensation Resolution in Grade 29, Section ID2 of the Technical Standard Ranges. (Second Reading & Adoption - Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 16. Resolution - 89-490 - Establishing the rate of pay -for Citizen Service Senior Analyst in the Salary Plan and Rates of Comoensation Resolution in Grade 10, Section 123 of the Professional Employees Non-Suoervisory Standard Ranges. (Second Reading & Adoption - Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 17. Resolution - 89-491 - Amending the Salary Plan and Rates of Compensation Resolution for Fire/Arson Investigator in Grade 39 of the Fire Nan-Suoervisory Standard Ranges and establishing a salary range under the 1989 Fire Non - Supervisory Standard Range. (Second Reading &'Adoption - Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 18. Resolution - 89-492 - Changing the rate of pay for Loans Suoervisor in the Salary Plan and Rates of Compensation Resolution in Grade 42, Section ID2. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 203 - <-r ` X, < to April 13, 1989 12. Resolution - 89-229 - Approving Wage and Benefit Policy for non-reoresented management personnel. (Finance Committee recommends approval with amendment) Councilmember Long moved aooroval of the amendments as recommended by Committee. Adopted Yeas- 4 (Dimond/Lang/Scheibel/Wilson) Nays - 3 Rettma, Sonnen/Goswitz) Councilmember Sonnen referred to a letter received from the City Clerk and said she is also troubled about the differential between the reoresented and non - represented groups. - Councilmember Long explained the wage Committee recommendations and the consideration in Committee and said he met with the Cabinet and came to a compromise and he explained the amendments involved and he moved aooroval of the package as amended. Councilmember Scheibel said he sees the or000sed plan as less costly than the current plan and suggested a one week layover in order that everyone has a clear understanding of the oroposal. - After further discussion there was agreement that the resolution should be laid over for one week to allow further study and to allow a member of the Cabinet to be present along with a letter of position from the Mayor. Laid over to April 20th. 13. Resolution - 89-487 - Deleting certain obsolete language from Section 28B of the Civil Service Rules pertaining to substitute Library Specialists. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 14. Resolution - 89-488 - Amending the Salary Plan and Rates of Compensation Resolution by inserting the 1989 Standard Ranges and striking out obsolete Ian guage pertaining to salary advancement. (Second Reading & Adoption Finance Committee recommends aourova ) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 15. Resolution - 89489 - Establishing the rate of Pay for Citizen Service Analyst in the Salary Plan and Rates of Compensation Resolution in Grade 29, Section ID2 of the Technical Standard Ranges. (Second Reading & Adoption - Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 16. Resolution - 89-490 - Establishing the rate of pay -for Citizen Service Senior Analyst in the Salary Plan and Rates of Comoensation Resolution in Grade 10, Section 123 of the Professional Employees Non-Suoervisory Standard Ranges. (Second Reading & Adoption - Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 17. Resolution - 89-491 - Amending the Salary Plan and Rates of Compensation Resolution for Fire/Arson Investigator in Grade 39 of the Fire Nan-Suoervisory Standard Ranges and establishing a salary range under the 1989 Fire Non - Supervisory Standard Range. (Second Reading &'Adoption - Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 18. Resolution - 89-492 - Changing the rate of pay for Loans Suoervisor in the Salary Plan and Rates of Compensation Resolution in Grade 42, Section ID2. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 203 - April 13, 1989 20. Resolution - 89-355 - Amending the 1989 budget by adding $24,640 to the Financing & Spending Plans for Police Officers Clothing Trust Fund. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Ways - 0 21. Resolution - 89-356 - Amending the 1989 budget by adding $24,640 to the Police General Fund for Clothing Allowance. (Finance Committee recommends approval with amendments) Councilmember Long moved approval of the resolution as amended in accordance with the Committee recommendation. Adopted Yeas - 7 Ways - 0 22. Resolution - 89-427 - Amending the 1989 budget by adding $27,750 to the Financing & Spending Plans for St. Paul Police Employee Assistance Program. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 23. Resolution - 89-494 - Approving a five-year plan having the City change from an annual budget process for a two-year budget process for the operating and maintenance budgets and requesting the Mayor to direct the Budget Director to take lead responsibilities as stated. (Finance Committee recommends approval with amendments) Councilmember Long moved aooroval of the resolution with an amendment as recommended by the Committee. Adopted Yeas - 7 Ways - 0 24. Resolution - 89-497 - Establishing a five -member Program Evaluation Task Force to provide initial guidance for establishing a systematic program evaluation orocess, requesting the Mayor to recommend to Council by September 1st five individuals, and requesting the Council Research', Budget and Finance Directors to draft a tentative work program for the program evaluation orocess so that Task Force recommendations can be made by May 1, 1990. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution with an amendment as recommended by the Committee. Adopted Yeas - 7 Ways - 0 25. Resolution - 89-451 - Accepting funds and assistance from the Fourth District VFW to enggrave names of veterans at Veterans Memorial Hall and directing work to - be accomolished under supervision of the Joint City Hall Court House Committee and Ramsey County Director of Property Management. (Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Ways - 0 26. Resolution - 89-502 - Fulfilling a ,drug free workplace as outlined. (Finance Committee' recommends aooroval) Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Ways - 0 19. Resolution - 89-353 - Amending the 1989 budget by adding $132,456 to the Financing & Spending Plans for Police and Mankato State University toointly sponsor seminar on Satanic Cults. (Finance Committee recommends aooroval Councilmember Long said there were some questions in Committee about why there is a shortfall in the Training budget, and Mr. Blees appeared and explained the resolution and oroposed action and explained the special fund involved and the orojected 1990 balance. Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Ways - 0 - 204 - l April 13, 1989 20. Resolution - 89-355 - Amending the 1989 budget by adding $24,640 to the Financing & Spending Plans for Police Officers Clothing Trust Fund. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Ways - 0 21. Resolution - 89-356 - Amending the 1989 budget by adding $24,640 to the Police General Fund for Clothing Allowance. (Finance Committee recommends approval with amendments) Councilmember Long moved approval of the resolution as amended in accordance with the Committee recommendation. Adopted Yeas - 7 Ways - 0 22. Resolution - 89-427 - Amending the 1989 budget by adding $27,750 to the Financing & Spending Plans for St. Paul Police Employee Assistance Program. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 23. Resolution - 89-494 - Approving a five-year plan having the City change from an annual budget process for a two-year budget process for the operating and maintenance budgets and requesting the Mayor to direct the Budget Director to take lead responsibilities as stated. (Finance Committee recommends approval with amendments) Councilmember Long moved aooroval of the resolution with an amendment as recommended by the Committee. Adopted Yeas - 7 Ways - 0 24. Resolution - 89-497 - Establishing a five -member Program Evaluation Task Force to provide initial guidance for establishing a systematic program evaluation orocess, requesting the Mayor to recommend to Council by September 1st five individuals, and requesting the Council Research', Budget and Finance Directors to draft a tentative work program for the program evaluation orocess so that Task Force recommendations can be made by May 1, 1990. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution with an amendment as recommended by the Committee. Adopted Yeas - 7 Ways - 0 25. Resolution - 89-451 - Accepting funds and assistance from the Fourth District VFW to enggrave names of veterans at Veterans Memorial Hall and directing work to - be accomolished under supervision of the Joint City Hall Court House Committee and Ramsey County Director of Property Management. (Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Ways - 0 26. Resolution - 89-502 - Fulfilling a ,drug free workplace as outlined. (Finance Committee' recommends aooroval) Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Ways - 0 19. Resolution - 89-353 - Amending the 1989 budget by adding $132,456 to the Financing & Spending Plans for Police and Mankato State University toointly sponsor seminar on Satanic Cults. (Finance Committee recommends aooroval Councilmember Long said there were some questions in Committee about why there is a shortfall in the Training budget, and Mr. Blees appeared and explained the resolution and oroposed action and explained the special fund involved and the orojected 1990 balance. Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Ways - 0 - 204 - - 206 - April 13, 1989 Resolution - 89-568 -Authorizing proper City officials to execute an agreement A?}' with the State Department of Transportation for the cost, maintenance and a ooeration of traffic control signal project on 11th Street at St. Peter and on 11th Street at Wabasha and the revision of the existing signal on 12th Street at ltd: Wabasha. y Councilmember Sonnen referred to a number of stop signs that were removed a -because number of years ago of budget restraints and she said it has had an effect on neighborhood streets and after discussion Councilmember Wilson suggested and it was agreed that the Public Works Committee should ask the Traffic Engineer to do a study on the need to replace some of the stop signs that were removed because of budget restraints. Councilmember Goswitz moved aooroval of this resolution. Adopted Yeas - 7 Nays - 0 NEM BUSINESS- RESOLUTIONS 34. Resolution - 89-645- Waiving retained vehicle access easement in the "area bounded by Wabasha, Starkey, Fillmore and Plato Boulevard as vacated by C.F.' 255581 adooted September 2, 1971. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 35. Resolution- 89-646 - Approving the appointment by the Mayor of Donald Larson to serve on' the Civic Center Authority. (FOR ACTION) Councilmember Goswitz moved approval of the resolution. Adopted' Yeas - 7 Nays - 0 36. Resolution - 89-647 - Approving assessment for construction of storm sewer service stub and water service connections in conjunction with the Seventh/Frank Area Storm Sewer project, and setting date of public hearing for May 23rd. Couocilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays -'0 37. Resolution - 89-648 - Approving assessment for construction of sanitary sewer and water service connections in conjunction with the Dale/Hoyt Area Storm Sewer Seoaration project, and setting date of oublic hearing for May 23rd. Coupcilmember Rettmin moved aooroval of the resolution. Adopted Yeas - 7 Nags -'0 PUBLIC HEARINGS 38. Resolution - 89-550 - Approving application for State Class B Gambling License applied for by the Epilepsy Foundation of Minnesota at the Cromwell Bar located at' 2511 University Avenue. (Laid over from March 30th) No one aooeared. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 39. Resolution - 89-551 - Approving application for Class B Gambling Location License applied for by The Cromwell, Inc. (Russell Prince, Pres.) dba The Cromwell Bar and Restaurant located at 2511 University Avenue. (Laid over from March 30th) — - No one aooeared. Councilmeinber Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 206 - 205 - N f - Y kir UG, �� tl April 13, 1989 27. Resolution - 89428 - Amending the 1985 CIB budget by transferring $341,725.71 @ from Curtice/Mt. Hooe/Andrew Project to Residential Sidewalk Reconstruction. (Public Works Committee recommends approval) ` It was noted that this resolution and a companion resolution on the sidewalk a a reconstruction policy is again being considered in Public WorksCommittee next week and it was agreed that this resolution should be laid over to April 20th scheduled i y and along with the sidewalk assessment policy resolution. Laid, over to Aoril 20th. � t 28. Resolution - 89-446 - Amending the 1985 CIB budget by transferring $68,963.32 from Contingency to Raymond Bridge, Manvel to Kasota. (Public Works Committee ' recommends approval) �- Councilmember Sonnen moved aooroval of the resolution. ¢" Adopted Yeas - 7 Nays - 0 i ` 29. Resolution - 89-500 - Amending the 1985 GIB budget by adding $19,000 for a construction of Marshall from Mississippi River Boulevard to Otis Avenue. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval'of the resolution. #,,• Adopted Yeas - 7 Nays - 0 30. Resolution - 89-299 - Directing proper City officials to execute Lease Agreement with Naeggele Outdoor Advertising, Inc. for a sign on property purchased by City from 'Burlington Northern, Inc., I north Cayuga west of -35E and of for storm water vending. (Public Works Committee recommends aooroval with amendments)' Councilmember Goswitz moved'aoproval of the resolution with the amendment to the lease as recoanended in Committee. Adopted Yeas - 7 Nays - 0 F 31. Resolution - 89-469 - Approvingg agreement between the State Department of Transportation and the City covering cost, maintenance and operation of traffic signal installation T.H. 5 at and Forest Street. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 32. Resolution - 89-509 - Authorizing orooer City officials to approve agreement between Mn DOT which covers cost, maintenanceand"ooerationJof removing and reinstalling permanent traffic signal on T.H. 51' at Snelling and Marshall. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. — -- y Adooted Yeas - 7 Nays - 0 33. Resolution - 89-510 - Authorizing proper City officials to execute an agreement to reconstruct Soo Line Railroad Bridge located at the intersection of Snelling and Marshall. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. * Adopted Yeas - 7 Nays - 0 44 Councilmember Goswitz moved that the rules be suspended to consider a resolution not on the agenda pertaining to traffic signals in conjunction with T.H. 94 and 35-E. Adopted Yeas - 7 Nays - 0 205 - �\ 4. iY j .. �y u iu N >"sfi April 13, 1989 J 40. Resolution - 89-552 - Approving application for Gambling Manager's License ` applied for by Marlin Possehl at The Cromwell Bar & Restaurant located at 2511 �+ University Avenue. (Laid over from March 30th) No one appeared. 5&{At Councilmember Sonnen moved aooroval of the resolution. Lxn, sa Adopted Yeas - 7 Nays - 0 41. Resolution - 89-549 - Aooroving application for General Repair Garage License applied for by Steven Lang dba Prospect Towing & Tire Co. located at 2565 Franklin Avenue. (Laid over from March 30th) No one aooeared. fi Councilmember Sonnen said she met with the aoolicant and inspectors and is submitting a substitute resolution containing conditions which have been agreed to by the applicant and she moved aooroval of the substitute resolution. Adopted - Yeas -. 7' Nays 0 i ,. 42. - Resolution - 89-586 -Aoorovingg aoolication for the renewal of State Class A Gambling License applied for bMidway Training Services located at 1324 E. Rose. (Laid over from April -4th) No one. aooeared. Councilm6mber.Goswitz'moved approval of the resolution. Adooted ' Yeas - 7Nays - 0 43. Resolution - 89-611 - Aooroving aoolication for Class A Gambling Location License for by Scanlon's Box applied Ace Bar and Pub (Thomas Scanlon, Pres.) located at 2162 University. (Laid from over April 6th) No one aooeared in opposition. ' Councilmember' Sonnen said the 'District Council considered this item and on a recommends M split'vote aooroval. Councilmember Sonnen moved that the rules be suspended to consider a companion resolution approving the State license. Adooted Yeas - 7 Nays - 0 Councilmember Sonnen moved aooroval of this resolution with a condition that the fire door be installed. Adooted -:Yeas - 7 Nays. - 0 44. Resolution - 89-613 - Approving aoolication for Gambling Manager's License applied for by Alan Kagan dba the Minnesota Folk Festival, Inc. located at 2162 University. (Laid over from April 6th) (See discussion above) Councilmember Sonnen moved approval of the resolution. Adooted Yeas - 7 Nays - 0 Resolution - 89-684 - Approving Class B Gambling License aoolied for by Minnesota Folk Festival, Inc. Scanlon's Ace Box Bar located at 2162 University Avenue. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 a� f 45. Resolution - 89-649 - Aooroving aoolication- for the renewal of State Class A ,k� r lr', Gambling License applied for by Blessed Sacrament Home and School Association located 1494 N.'Dale. ' at No ) one aooeared. Councilmember Rettman raved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 + w 46. Resolution - 89-650 - Approving aoolication for the renewal of State Class A ` Gambling License applied for by Prbsoerity Booster Club located at 1494 N. Bale. g + No one aooeared. Councilmember Rettman moved aooroval of the resolution. ' Adooted Yeas - 7 Nays - 0 f -207- April 13, 1989 47. Resolution - 89-651 - Approving aoolication for the renewal of Class A Gambling License applied for by St. Peter Claver Social Club, Inc., located at 1060 University. No one aooeared. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 48. Resolution - 89-652 - Approving aoolication for the renewal of Class B Gambling License aoolied for by Harding Area Hockey Association at the Minnehaha Tavern located at'733 White Bear Avenue. No one appeared. Councilmember Goswitz moved approval of the resolution. Adopted, Yeas - 7 Nays - 0 49. Resolution - 89-653 - Approving aoolication for State Class B Gambling License applied for by V.K. Arrigoni, inc., dba Jeraldine's located at 605 Front. No one aooeared. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 50. Resolution - 89-654 - Aoorovingaoolication for Gambling Managers License applied ed for by Wes D. Aiden dba V.K Arrigoni, Inc., at Jeraldine's located at t. No one aooeared. Councilmimber Rettman moved approval of the resolution. AdoptedYeas - 7 Nays - 0 51. Resolution - 89-655 - Aooroving aoolication for Class A Gambling Location License aoolied for by Jerry Belgea Enterprises, Inc., dba Jeraldine's located at, 605 Front. No one aooeared. Councilm6nber Rettman moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 52. Resolution - 89-656 - Approving aoolication for State ClassB Gambling License applied for by St. Bernard's Grade School at Rudy's Tin C u o located at 1220 Rice. No one aooeared, Councilmeinber Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 53. Resolution - 89-657 - Approving aoolication for Class B Gambling Location License applied for by Sager and Schnichles, Inc. dba Rudy's Tin Cup located at 1220 Rice. No one aooeared. Council member Rettman moved aooroval of the resolution., Adopted Yeas - 7 Nays - 0 54. Resolution - 89-658 - Approving aoolication for Gambling Managers License applied for by Mark Lenihan dba St. Bernard's Grade School at Rudy's Tin Club located at 1220 Rice. No one aooeared. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 55. Resolution - 89-65 9 - Aooroving aoolication for Massage Therapist License aoolied for by Pamela A.'Faricy dba Sr. Rosalind's Professional Massage Center located at 734 Grand. No one aooeared. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 -208- w _ 1 ' April 13, 1989,. ?a' 56. Resolution - 89-660 - Approving application for Massage Therapist License yTU. applied for by Jonathan C Wagner dba ExerCare Service located at 255 N. Smith. r t ' No one aopeared. f c Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 57. Resolution - 89-661 - Approving application for On Sale Malt and Restaurant Licenses aoolied for gyb Godfather's Pizza, Inc: dba Godfather's' Pizza located at 2401 W. 7th Street. y No one appeared. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Dimond'moved that the rules be suspended to consider a resolution' w not on the agenda pertaining to the suspension of the Nakoyah Japanese Restaurant. Adopted Yeas - 7 Nays - 0 Ak r Resolution89-685 - Suspending licenses held by Nakoyah Japanese Restaurant k located at 1569 University Avenue. (Hearing held April 11 and on previous dates) Councilmember Rettman moved aooroval of the resolution. § Adopted Yeas - 7 Nays - 0 Councidmember Dimond moved that the meeting be adjournedr Yeas - 7 Nays - 0 ADJOURNED AT 10:00 A.M. ATTEST: unci re� en Copies sent to Councilmember S-4 = Minutes approved by Council ,5-- q -per lWyy O:PMK i q 41 ,.r��:eY.n•r� n _., r' _.n Y--vn s �.._ .,. ,�__....,-,., .., _, ... ,_....._ _-_� _ ..__ Jyz �, _-J € i? MINUTES OF THE ST. PAUL BOARD OF HEALTH THURSDAY, APRIL 13, 1989 i 9:00 A.M. Tr•` COUNCIL CHAMBERS - CITY HALL AND COURTHOUSE ALBERT B. OLSON, CITY CLERK k' The meeting was called to order by President Scheibel at 10:00 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen " and Wilson Absent - 0 1. Utility Shut-Off - Update and Action. Judy Barr appeared and referred to the ^, potential impact of this program on Health Department Inspection staff and she said there will 200-300 referrals to the Housinq Division on May 15th when theyy ordinarily would be doing other outside inspection work and it could involve 2 it or 2-1/2 weeks of work for_insoectors. Councilmember Rettman said this same item has been scheduled for discussion at the next Community & Human Services Committee and Councilmember Sonnen suggested extra helo or that a`budget amendment resolution be prepared allowing contractual help so other programs are not affected and that this or000sal.be P i - considered at the Committee meeting. j 2. AIDS Screening and Involvement with the NationalInstituteof Drug Abuse in a Grant Project. Mary Sonnen of the Health Division oresented an overview. of the program with statistics and answered questions of Councilmembers. 3. Merger Update. Judy Barr aooeared and said there is very little to report on this item and the Mayor is gathering information which should be submitted in a week or two. Councilmember Sonnen said about two months ago the Community & Human Services Committee or the Council asked for a meeting to get to the bottom line of the merger problems and she asked the progress of that meeting. Councilmember Scheibel said the Mayor is Dulling together the items and is asking the County for a or000sal and he referred fo the position of the Council on this issue and the oroblems involved. Ms. Barr said she will transmit the concern of the Board of Health to the Mayor and Councilmember Sonnen 'suggested that the Council and the County Board meet with the Mayor and get together and discuss and make a decision on this issue. Councilmember Long suggested that we ask the Mayor to ,brim back a Mayor has recommendation within a month and Councilmember Dimond said the already said that he will submit information and we should allow him a week or Filed (CC #13126) P Councilmember Wilson moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 a" ADJOURNED AT 10:45 A.M. W �h �`�. •a.�7 z "' -- unciTPresident' oC o ar # ATTEST: Copies sent to Councilmembers Minutes aooroved by Council 5 ,City I ' k GlerK ABO:PMK F -210- i MINUTES OF THE COUNCIL 9:00 A.M. APRIL 18, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 5 - Councilmembers Dimond, Long, Rettman, Scheibel and Wilson Absent 2 - Councilmembers Goswitz and Sonnen (arrived at Doints during the meeting) Councilmember Dimondreferred to an article printed in today's paper relative to a part time City Council and after considerable discussion and comments there was agreement this subject be discussed in the Rules and Policy Committee. Councilmember Goswitz arrived during the above discussion and Councilmember Sonnen arrived at this point of the meeting. APPLICATIONS - CONNUMICATION 1. Appeal of Betty L. Miller to a Summary Abatement Order for property located at 2105 Palace..Avenue. The City Clerk recommended and Councilmember Rettman moved a date of public hearing for May 7th. Adooted Yeas - 7 Nays - 0 2. Administrative Orders D-10203 through D-10218 were noted as on file in the City Clerk's Office. Later in the meeting Councilmember Goswitz requested that Administrative Orders D-10204 and D-10207 be referred to the Finance Committee for discussion. NEW BUSINESS - RESOLUTIONS 3. Resolution - 89-622 - Granting variance from the noise source limitations'to Big Four Productions, Inc., as part of the World Series of Ribs event to be held at Harriet Island May 25-29. (FOR ACTION - Hearing held February 23rd - Laid over from April 11th) Councilmember Rettman referred to language in this ordinance pertaining to providing funds for monitoring the noise levels. gob Piram of th;. Oarks & Recreation Division appeared and said a budget amendment resolution has been drafted and is presently going through the Process and he,said monitoring will be covered in this budget revision and upon question of Councilmembers he stated initially the cost was $4,000 at the upper end but the costs will not be that high and therefore the reason for the budget amendment. Councilmember Wilson moved approval of the resolution. Adooted Yeas - 7 Nays - 0 4. Resolution - 89-664 - Amending the CDBG Years XI and XII programs by transferring $288,000 from Year XII Rental Rehabilitation to Year XI Housing Develooment Opportunity for the acquisition of property for low income rental housing. (FOR'REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Develooment Committee. April 18, 1989 5. Resolution - 89-665 - Authorizing proper City officials to execute an agreement with the State Department ofrans'portation for the cost, maintenance and operation of traffic control signals to be installed at T.H. 3 east and west Frontage Roads at Plato Boulevard. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Chris Nicosia of the Public Works Department appeared and urged Council to adopt this resolution today due to possible excess traffic. Councilmembers Goswitz and Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 6. Resolution - 89-666 - Aooroving the appointments by the Mayor of Patti Kestor, Lou Bartholome, Ph llis Ettinger, duan Baber, Renee Garcia, Nick Sandquist, Sarah Kargleder, Elaine Mellot and Catherine Coulter to serve on the newly created Child Care Partnership Program Selection Team. (FOR ACTION) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 7. Preliminary Order - 89-667 - Aooroving acquisition of Lot 1, Bl k. 19, -Beaver Lake Heights for the grading and 'paving for Parts of Algonquin, and setting date of public hearing for dune 6th. Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 8. Resolution - 89-668 - Aproving assessment for diseased tree removal for 1988, and setting date of Public hearing for May 23rd. Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 9. Resolution - 89-669 - Aooroving assessment for summary abatements for snow removal and/or sanding sidewalks for the winter of 1988 and 1989, and setting date of public hearing for May 18th. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 10. Third Reading - 88-2000 - An ordinance amending Section 41.03 of the Legislative Code pertaining to the disconnection of stormwater and clearwater connections from sanitary or combined sewers. (Public Works Committee recommends no further action 'needed) No one aooeared in opposition. Upon request of Councilmember Sonnen, Councilmember Rettman briefly presented some background information and explained its intent. Council member Sonnen referred to concerns in relation to the Environmental Protection Agency and the out of court settlement regarding rainleaders and she said she feels the appeal process could change that. There was agreement this item be laid over until later in the meeting for staff to be present to answer questions, and later in the meeting Mike Classen of the Public Works Division aooeared and said this ordinance could have an impact on the EPA but this would grant an extension of time until the process is complete and he suggested granting the annual time extension until a further analysis is complete, and Councilmemeber Sonnen said she is concerned because the ordinance is not drafted with that concept in mind. Councilmember Dimond said Councilmember Sonnen raises very good Points and that he understands there will be few exceptions. Laid over to April 25th for Final Adoption. 11. Resolution - 89-670 - Ratifying assessment for summary abatements property clean for property located at 429 Fry only. (Laid over from April 11th) Steve Roy aooeared and gave his staff report on this property. April 18,'1989 Councilmember Wilson left the meeting at this Point and returned later in the meeting. Wayne Carlson, property owner of 429 Fry, aooeared and said he cleaned up the orooerty and he referred to people dumping on the site. Councilmember Sonnen said although good Points have been brought UD by Mr. Carlson orooer notice was given and the City did clean up work and she moved aooroval'of the assessment. Noone else aooeared. Roll call on the motion. Adopted Yeas - 6 Nays - 0 12. Resolution - 89-671 - Ratifying assessment for summary abatements repair of sewerservice connections and rodent control for Property located at 295 E. Morton only. (Laid over from April 11th) Chris.Nicosia of the Public Works Department apoeared and said orooer adjustments have been made acceptable to both the owner and the contractor. Councilmembers Rettman and Dimond moved aooroval of the resolution. with the assessment reduced to $900. No one aooeared in 0000sition. Roll call' on the motion. Adopted. Yeas - 6 Nays - 0 13. Resolution - 89-672 - Ordering the repair or demolition of property located at 787 Hague. (FOR ACTION) No one appeared in 0000sition. Steve Roy aooeared and distributed photographs of the property and recommended the building be repaired or torn down. Councilmember Rettman moved approval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 14. Resolution - 89-673 - Ratifying assessment for the construction of storm sewer service connections in connection with the Phalen Creek Sewer Project. (Public Works Committee recommends approval) No one aooeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted I I Yeas - 6 Nays - 0 15. Final Order - 89-674 - For the Concord Street Streetscape.Improvement Project Phase I for both sides of Concord from aoorox. 150 ft. northwest of State to aoorox. 50 ft. east of State. (Public Works Committee recommends aooroval) Herb .Howe, owner of the Cozy Bar and member of the Concordia Street. Business Association, aooeared and sooke in support of this and the following related order. Councilmember Long moved aooroval of the order. Adopted - Yeas - 6 Nays - 0 16. Final Order - 89-675 - Ooerating costs of the above standard street lighting system for the Concord Phase I Area oroject on the north side of Concord from 50 ft. southeast of Ada to aoorox. 125.06 ft, northwest of State and the south side of Concord from aoorox. 78.59 ft. northwest of George to aoorox. 362.81 ft. southeast of State. (Public Works Committee recommends aooroval) (See discussion above) Councilmember Long moved aooroval of the order. Adopted Yeas - 6 Nays - 0 - 213 ,1 `J Aoril 18, 1989 27. Resolution - 89-682- Aooroving the request by Herb Howe dba Cozy Bar located at 202 Concord for a One Day Extension of Service Area to the oarking lot adjacent to the west side of the bar for May 6th between 8:00 A.M. and 6:00 P.M. in conjunction with the Cinco de Mayo Fiesta. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 17. Final Order - 89-676 - Sidewalk construction with integral curb for the north side of W. 7th from Smith to Forbes, the east side of Smith from W. 7th to Forbes, and the west side of Forbes from Smith to W. 7th. (Laid over in Public Works Committee to Aoril 19th) No one.aooeared in 0000sition. Tom Kisch 'el appeared and urged adoption today. Councilmember Scheibel suggested laying this order one week in order to obtain proper language. and Councilmember Long moved this order be laid over one week to April. 25th. Roll call. Adooted Yeas - 6 Nays - 0 18. Resolution - 89-677 - Ratifying assessment for imoroving Kasota Avenue/Energy Park Drive from 700 ft. west of Snelling to Raymond. (Public Works Committee recommends approval) No one aooeared in 0000sition. Councilmembers Dimond and Goswitz moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 19. Resolution - 89-678 - Ratifying assessment for the construction of water main in Kasota Avenue/Energy Park Drive from 700 ft. west of Snelling to Raymond. (Public Works Committee recommends approval) No one aooeared in 0000sition. Councilmkbers Dimond and Goswitz moved approval of the resolution. Adooted Yeas - 6 Nays - 0 20. Resolution - 89-679 - Ratifying assessment for storm service stub connections as requested by property owner for benefit of the Space Center property located on Prior near University in connection with the Snelling/University Area Storm Sewer project. (Public Works Committee recommends aooroval) No one aooeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 21. Hearing to consider the request of Ms. Karen Tenter for a waiver of the street imorovement requirement for development of Lot 7, Blk. 19, Ridgewood Park Addition on Palace Avenue east of Lexington Parkway. Councilmember Scheibel thanked the Public Works eoartment for their work on this and the following three related items and Chris Nicosia aooeared and explained why Ms. Tenter was requestinig the variance. Paul St. Martin appeared and explained the waiver and the assessments involved. Councilmember Wilson returned to the meeting at this Point. Councilmember Dimond moved aooroval of the waiver. Mr. St. Martin informed Council he has been contacted by another property owner who also will be requesting a waiver in the near future and Councilmember Scheibel stated we will consider that when it comes before us. Roll call on the motion to aoorove the waiver. Adopted Yeas - 7 Nays - 0 - 214 - _J April 18, 1989 22. Final Order - 89-79 - Improving Palace Avenue from Lexington Parkway to approx. 200 ft. east of Lexington Parkway by grading and paving, constructing concrete curb, gutter and sanitary sewer and sanitary sewer service connections. (Laid over from March 21, 1989) (See discussion above) Council member Dimond moved approval of the order with the deletion of the grading and paving. Adopted Yeas - 7 Nays - 0 23. Final Order 89-80 - Condemning and taking easements in land necessary for slopes, cuts and fills in the grading and paving of Palace from Lexington Parkway to approx. 200 ft. east of Lexington Parkway. (Laid over indefinitely from March 21st) (See discussion above) Councilmember Dimond withdrew this order. Withdrawn. 24. Final Order - 89-81 - Constructing water service connection from temporary water main in Palace at Lexington Parkway to the east for property described as listed. (Laid over indefinitely from March 21st) 8ee discussion above) uncilmember Dimond moved aooroval of the order. Adooted Yeas - 7 Nays - 0 25. Resolution - 89-680 - Approving application for the renewal of various Class III licenses as listed. No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted 1,Yeas - 7 Nays - 0 26. Resolution - 89-681 - Approving the transfer of Gambling Managers License currently held by Kathy 66ndurant dba Hayden Heights Booster Club at the Kick Off Bar located at 1374 Burns to Thomas K. Law dba Hayden Heights Booster Club located at the same address. No one aooeared in opposition. Khris Van Horn of the Licensing staff aooeared and said their recommendation is for aooroval. Councilmembers Long and Dimond moved approval of the resolution. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-588 - Approving application for Second Hand Motor Vehicle Dealer and Dealership Repair Garage License applied for by Robert Martinson dba Gladstone Used'Cars located at 845 S. Robert. (Laid over from April 4th) No one aooeared in 0000sition. Upon request of Councilmember Scheibel, Mr. Martinson aooeared and spoke in agreement to the stipulations Pertaining to no parking on the two adjacent streets. Councilmember Wilson moved aooroval of the resolution with stipulations. Roll call. Adopted Yeas - 7 Nays - 0 29. Resolution - 89-683 - Suspending licenses held by Steven D. Loiselle dba Rainbow Fantasy Tattoo Studio located at 520 Rice Street. (FOR ACTION - Non -contested) It was noted that Steve Loiselle was Present. Ed Starr noted because this is a non -contested case it does not involve guidelines and he explained options of the Council and upon request of Councilmember Rettman he read affidavits and letters as part of the file. Upon question of Council, Khris Van Horn stated the mother of the juvenile issued a complaint to their office and an investigation was made. (Discussion continued on following page) - 215 - �- f - ��t t J 1 n Air 1 �4 , `Y �.r a S' 1 April 18, 1989 (Discussion continued from previous nage) ' 'yz -Councilmember Dimondsaidneed tooroceed cautiously and he said the burden I of the Problem should lie with the individual showing false I.D. 15 Mr..Loi'selle appeared and said he doesnot condone tatooing a year old and the worker vas fired because he did not follow the rules. Councilmember the be who produced the Wilson said young adult should pursued `I.D:-and that ti';Y x �a false he said the legislature is looking at strengthening penalty. Councilmember Rettman said she feels a letter of reorimand is sufficient and she referred to the swift action the owner took against his employee. Councilmember Dimond said the establishment has a very clear policy of checking ID's and written records-are made-and the owner took corrective action'and'he ' moved aooroval of a letter of reprimand; and Councilmember Scheibel stated the letter will be prepared by the City Attorney's Office. r Roll call on the motion. Adopted Yeas 7 Nays - 0 - Councilmembers Long and Dimond moved that the meeting be adjourned. Adopted Yeas- 7 Nays - 0 . Ar_ t S ADJOURNED AT''10:45A.M. �-Council President ATTEST::. Copies sent to Councilmemhers Minutes aooroved by Council ;6-13o P �i yy iABO:PMK. _ i RX r- -216- MINUTES OF THE COUNCIL 9:00 A.M. APRIL 20, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Vice President Wilson at 9:05 A.M. Present - 5 - Councilmembers Dimond, Goswitz, Long, Rettman, Wilson Absent - 2 - Councilmembers Scheibel and Sonnen (arrived at points during the meeting) APPROVAL OF MINUTES 1. ADDroval of minutes for City Council meetings of March 2, 7, 9, 14, 16, 21, 23, 28' and 30, 1989. Councilmembers Rettman, Dimond and Long moved aooroval of the minutes. Adooted Yeas - 5 Nays - 0 ORDINANCES 2. Second Reading - 89-644 - An ordinance amending Chapter 417 of the Legislative Code oertaining to parking tots. (Community & Human Services Committee submits to Council without recommendation with public hearing to be scheduled for April 25th) ... Laid over to April 25th for Third Reading. 3. First Reading - 89-686 - An ordinance amending Section 24.03(c)(1)(e) of the Administrative Code pertaining to code of ethics as it relates to the gift or. receipt of tickets to events. Laid over to April 27th for. Second Reading. COMMITTEE REPORTS 4. Second Reading - 88-997 - An ordinance creating a new chapter of the Legislative Code oertaining to replacement housing. (Housing & Economic Development Committee recommends ordinance be withdrawn) Councilmember Dimond moved the ordinance be withdrawn. Adopted Yeas - 5 Nays - 0 Withdrawn: - 6. Resolution - 89-429 - Amending C.F. 84-632 adopted May 17, 1984 and approving St. Paul's Assessment Policy regarding construction and reconstruction of sidewalks. (Public. Works Committee recommends approval of substitute resolution) Chris Nicosia of the Public Works Division aooeared and requested this and the following related resolution be laid over for one week and he said there was some confusion in Committee and he would like the opportunity to explain the items to the full Council. Councilmember Rettman said there was full discussion yesterday in Committee and she spoke against laying the items over and in favor of voting today. Councilmember Goswitz moved that this and the following resolution be laid over one week. Yeas - 3 (Long/Goswitz/Wilson) Nays - 2 (Dimond/Rettman) Motion failed of adoption. Later in the meeting at a point when Councilmember Sonnen was present Councilmember Goswitz stated Mr. Kuhfeld has expressed the desire to explain differences earlier referred to. Councilmembers Long, Sonnen and Wilson sooke in support of a lay over. (Discussion continued on following page) - 217 - 3 / 4 � � l � � t e i MINUTES OF THE COUNCIL 9:00 A.M. APRIL 20, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Vice President Wilson at 9:05 A.M. Present - 5 - Councilmembers Dimond, Goswitz, Long, Rettman, Wilson Absent - 2 - Councilmembers Scheibel and Sonnen (arrived at points during the meeting) APPROVAL OF MINUTES 1. ADDroval of minutes for City Council meetings of March 2, 7, 9, 14, 16, 21, 23, 28' and 30, 1989. Councilmembers Rettman, Dimond and Long moved aooroval of the minutes. Adooted Yeas - 5 Nays - 0 ORDINANCES 2. Second Reading - 89-644 - An ordinance amending Chapter 417 of the Legislative Code oertaining to parking tots. (Community & Human Services Committee submits to Council without recommendation with public hearing to be scheduled for April 25th) ... Laid over to April 25th for Third Reading. 3. First Reading - 89-686 - An ordinance amending Section 24.03(c)(1)(e) of the Administrative Code pertaining to code of ethics as it relates to the gift or. receipt of tickets to events. Laid over to April 27th for. Second Reading. COMMITTEE REPORTS 4. Second Reading - 88-997 - An ordinance creating a new chapter of the Legislative Code oertaining to replacement housing. (Housing & Economic Development Committee recommends ordinance be withdrawn) Councilmember Dimond moved the ordinance be withdrawn. Adopted Yeas - 5 Nays - 0 Withdrawn: - 6. Resolution - 89-429 - Amending C.F. 84-632 adopted May 17, 1984 and approving St. Paul's Assessment Policy regarding construction and reconstruction of sidewalks. (Public. Works Committee recommends approval of substitute resolution) Chris Nicosia of the Public Works Division aooeared and requested this and the following related resolution be laid over for one week and he said there was some confusion in Committee and he would like the opportunity to explain the items to the full Council. Councilmember Rettman said there was full discussion yesterday in Committee and she spoke against laying the items over and in favor of voting today. Councilmember Goswitz moved that this and the following resolution be laid over one week. Yeas - 3 (Long/Goswitz/Wilson) Nays - 2 (Dimond/Rettman) Motion failed of adoption. Later in the meeting at a point when Councilmember Sonnen was present Councilmember Goswitz stated Mr. Kuhfeld has expressed the desire to explain differences earlier referred to. Councilmembers Long, Sonnen and Wilson sooke in support of a lay over. (Discussion continued on following page) - 217 - April 20, 1989 (Discussion continued from previous page) ' Councilmember Rettman said she is comfortable with staff briefing Councilmembers and said she too will meet with Councilmembers Pertaining to Committee discussion and recommendation. Councilmember Dimond said he feels staff is using the time to lobby privately to other Councilmembers. Roll call on the motion to lay this and the following items over one week to April 27th. Adopted Yeas - 4 - 2 (Rettman/Dimond) Laid over to April 27th. Nays 7. Resolution - 89-428 - Amending the 1985 CIB budget by transferring $341,725.71 from Curtice/Mt. Hooe/Andrew project to Residential Sidewalk Recbnstruction: (Public Works Committee recommends aooroval - Laid over from April 13th) (See discussion above) Laid over to April 27th. Councilmember Sonnen arrived at this point in the meeting. 9. Resolution - 89-663 - Amending C.F. 181541 adopted February 19, 1957 pertaining to the vacation of Clarence Street from Wilson to Conway and deleting condition No. 2.Housing & Economic Development Committee recommends aooroval with am,.dment( en / Councilmember Rettman moved aooroval of the resolution with the amendment. Adopted Yeas - 6 Nays - 0 NEW BUSINESS - RESOLUTIONS 10. Resolution 89-687 - Amending the 1989 budget by adding $9,411 to the Financing and Spending Plans for Government Resoonsiveness Program and authorizing proper City officials to accept grants from ISD 625 and the St. Paul Foundation to fund, Anti Drug Conference and Workshop. (FOR ACTION) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 11. Resolution - 89-688 - Approving the issuance of Port Authority Tax Exempt Revenue Bonds in the amount of $3,730,000 to finance.the construction of a manufacturing facility for Imoressions, Inc., on property located on Westgate Drive west of Highway 280 in Westgate Office -Industrial Center. (Housing & Economic Development Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 12. Resolution - 89489 - Amending the 1989 budget by adding $153,968 to the Financing and Spending Plans for Special Projects Health Fund WIC Programa (FOR ACTION) Councilmember Long moved aooroval of the resolution.` Adopted "' Yeas - 6 Nays 0 13. Resolution - 89-690 - Authorizing Proper City officials to execute an agreement with the City of Minneapolis agreeing to cooperate in the participation with the Twin City Area Urban Corps Prpgram. (FOR REFERRAL TO THE FINANCE COMMITTEE) Upon request of Councilmember Long this resolution was referred to the Housing & Economic Development Committee. 14. Resolution - 89-691 - Authorizing proper City officials to execute an agreement with Ramsey County agreeing to cooperate in the participation with the Twin City Area Urban Corps Pro ram and aoorooriatin8 funds to the administration of said Drogram. (FOR REFERRAL TO THE FINANCE COMMITTEE) Upon request of Councilmember Long, this resolution was referred to the Housing & Economic Development Committee. - 218 - s April 20, 1989 r� 15, Resolution - 89-692 -Aooroving the City of St. Paul Guidelines and Procedures mss' for City Council Offices in Compliance with the Minnesota Government Data Practices Act. (Rules & Policy Committee recommends approval) s Upon request of Councilmember Sonnen, Jane McPeak explained and reviewed the ( Ai process in which the handbook and guide can be beneficial to Council reiterating Office is always available for advice. v{that i the City Attorney's Councilmember Rettman expressed some concern and said she feels a layover, would�� begood in order to review the resolutionfurther. Councilmember Sonnen moved this resolution be laid over two weeks to May 4th. i Adopted Yeas - 6 Nays - 0 16. Resolution - 89-693 - Authorizing proper City officials to execute an agreement County the of Roseville and Falcon Heights for the cost, g i with Ramsey and cities and,oPeration of traffic signals on Larpenteur at Hamlin, Fernwood, a maintenance Dunlap and Lexington Parkway. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Works Committee. Referred to the Public 17. Resolution - 89-694 - Establishing fees for applications for modification of parking requirements pursuant to Sections 409.08(11)(e) and 410.04(9)(5) of the ;. Legislative Code. (FOR REFERRAL TO THE FINANCE COMMITTEE) i Referred to the Finance Committee. 18. Preliminary Order - 89-695 - Condemning and taking temporary easements under and across the west 20 ft. of Lots 10-20, Blk. 8, Merrill's Division of Rice Street Villas in conjunction with the Albemarle//Nebraska Area Storm Sewer Project, and settingg date of public hearing for June 1, 1989.- „. Councilmember Rettman moved aooroval of the order. „ Adopted Yeas - 6 Nays - 0 5. Second, Reading - 89-425 - An ordinance amending Chapter 15 of the Administrative Boards and Commissions �f J Code,oertaining to meetings of the Council, Committees, by deleting notice requirements that conflict with state law. (Rules & Policy Committee recommends aooroval of substitute ordinance) Councilmember Sonnen said amendments have been submitted since the, last Committee meeting, which reflect other current language of the Code and overall brings it into compliance with State law. Councilmember Dimond referred to Section 4 and expressed some concern with its meaning and Councilmember Sonnen explained itis meaning as it relates to emergency and crisis meetings. Jane McPeak suggested amending the language that the City Clerk shall make reasonable efforts to contact oersons for an emergency or crisis meetings and Councilmember Long spoke in support of that amendment. Councilmember Dimond moved aooroval of the substitute ordinance with the amended language and Councilmember Sonnen accepted the amendment as friendly._ Roll a rl� call. Adopted Yeas - 6 Nays - 0 ° �+ Laid over to April 25th for Third Reading. Upon request of Councilmember Rettman, Jane McPeak briefly went over other language as it relates to State law pertaining to special and emergency meetings and notifications of such meetings. B. Resolution - 89-229 Approving Wage and Benefit Policy for non -represented rF :w management personnel.. (Second Reading & Adoption - Finance Committee recommends with amendment - Laid over from April 13th) aF e,o aooroval Councilmember Wilson stated Mayor Latimer has expressed a desire to comment on this item and will be present around 10:00 today to do so. fi-- Councilmember Lon said the resolution with amendment before Council is from the Committee and he distributed copies of the amended resolution with changes the amendment. pertaining to severance Pay Provisions and he moved aooroval of a Adopted Yeas - 5 Nays - 1 (Rettman) Diintinued on following e (scusson co9 pa9 ) 219 - April 20, 1989 (Discussion continued from previous Page) Councilmember Scheibel arrived at this ooint in the meeting. Councilmember-Long said he believes we should act today.on this issue as there is no further need for analysis and it is basically a policy issue and Councilmember Rettman spoke in su000rt of laying this item over. Councilmember Wilson said Councilmember Long has worked diligently on this item and is being responsive. Mayor Latimer aooeared and said he has been advised by Rafe Viscasillas and Ron Gullfoile of their su000rt to this resolution. Councilmember Scheibel said this issue was discussed in length at Committee and he-sooke in'suouort of provisions made. - Councilmember Long explained the debate on both sides of the issues and urged action today. Councilmember Rettman outlined her various concerns and said she will be voting in OODOSition to this resolution and encouraged other Councilmembers to do the same. Councilmember Scheibel said we do need to be concerned but he sees this as a balance and he said he will suouort the work of the Committee and the people involved and he believes it is a potential savings to the City. There was further discussion and Mayor Latimer stated that adopting this resolution today sends an.important message to City managers. Councilmember Dimond called the question. Roll -call on approval of the resolution. Adopted Yeas -,6 Nays - 1 (Rettman) PUBLIC HEARINGS 19. Third Reading - 89-275 - An ordinance amending Section 4.02 ofthe St. Paul City Charter requiring the publication of City Council minutes in the official newspaper. (Charter Commission recommends approval - Rules & Policy Committee recommends aooroval) No one aooeared in opposition. Councilmember Rettman moved that the public hearing be closed. Adopted Yeas - 7 Nays - 0 Laid over to April 27th for Final Adoption. - - 20. Third Reading - 89-276 - An ordinance amending Section 6.07 of the St. Paul City Charter by deleting the requirement for publication of Council resolutions in the official newspaper. (Charter Commission recommends approval - Rules & Policy Committee recommends approval) No one aooeared in 0000sition. Councilmember Rettman moved that the public hearing be closed. Adopted Yeas - 7 Nays - 0 Laid over to April 27th for Final Adoption. 21. Third Reading - 89-277 - An ordinance amending Section 8.05 of the St. Paul City Charter by deleting the requirement for publication of Council resolutions in the official newspaper. (Charter Commission recommends approval - Rules & Policy Committee recommends approval) No one appeared in opposition. Councilmember Rettman moved that the public hearing be closed. Adopted Yeas - 7 Nays - 0 Laid over to April 27th for Final Adoption. t 220 - f April 20, 1989 22. Third Reading - 89-278 - An ordinance amending Section 13.03.1 of the St. Paul a City Charter by deleting the requirement for publication of Council resolutions ' in the official newsoaoer. (Charter Commission recommends approval - Rules & T Policy Committee recommends approval) r 'na No one aooeared in 0000sition. sz 4 Councilmeinber Rettmah moved that the public hearing be closed. _ M� e. Adooted Yeas - 7 Nays - 0 Laid over to April 27th for Final Adoption. 23. Third Reading•- 89-2 - An ordinance creating a new Chanter 236 of the Legislative Code prohibiting the use of certain packaging materials for food and beverages sold at retail. (Public Works Committee recommends approval with Councilmember Long distributed amendments as recommended by Phil Byrne which bring the ordinance into conformity with the Minneapolis ordinance. Councilmember Scheibel stated because of the previous two public hearings he will limit testimony on this issue today to.three minutes each person. s ?, Chuck Wiger of the St. Paul Area Chamber of Commerce appeared and commended Council on bringing public awareness to this issue but spoke in 0000sition to the ordinance stating it is not being handled in a comprehensive manner and he referred to incorrect assumptions made and he pledged to continue working with the City in their efforts. Mary Jane Rachner aooeared and spoke in opposition to this ordinance and offered alternate solutions to the problem. �;. No one else aooeared. Councilmember bimond'moved that the hearing be closed. 4 public Adooted Yeas - 7 Nays - 0 %w Councilmember Long moved approval of the amendments suggested by Committee as- *. i oreviously referred to. Councilmember Goswitz moved to amend by striking the word"significant". Roll call on the motion for amendment. Yeas- 2 (Goswitz/Rettman) Nays - 5 (Long/Scheibel/Sonnen/Wilson/Dimond) Motion failed of adootion. z' Councilmember Long moved approval of the amendments aspreviously explained. Adopted I Yeas - 6 Nays - 1 (Goswitz) Laid over•to April 27th for Final Adootion. 24. Third Reading - 89-541 - An ordinance amending the Legislative Code by adding a - new chapter pertaining to replacement housing. (Housrng &Economic Development Committee recommends third reading be held before their next Committee meeting of April 26th) No one aooeared in 0000sition. • There was some discussion and agreement this ordinance be scheduled after there rq is Committee recommendation. r Referred to the Housing & Economic Development Committee. 26. Resolution - 89-696 - Approving application for the renewal of various Class III " u �r Licenses as listed. Councilmember Lon moved that the license for Burns Amoco located at 1191 u`i S Randoloh be deletedfromthis resolution and laid over. Horn the Licensing Division Upon question of Councilmember Sonnen, Kris Van of aooeared and said renewal for gambling manager should be omitted from this + resolution as they are heard under a separate resolution. by laying U ; Councilmember Dimond moved aooroval of the resolution as amended above 1191 Randoloh two to May 4th and deleting the gambling manager - t over weeks Adopted Yeas 7 Nays - 0 r - }F 221 - 1 \ 1 April 20, 1989 25. Hearing to consider the petition of Duwaine Knajdek to rezone property located at 1439 Reaney on the northeast corner at Birmingham from RM -1 to B-2 to construct a building to be used as a contractor's shoo and indoor equipment storage. Lisa Freese of PED aooeared and explained reasons why the Planning Commission recommends denial of this rezoning and she Presented her staff report and distributed ohotograohs of the property. Patrick Brinkman, attorney representing Duwaine Knajdek, appeared and distributed photographs and said storage will be indoors, the shoo will not create, significant traffic, the neighbors know and support Mr. Knajdek and his reqyuest, for rezoning. He said District 2,is also in suoport of this rezoning and he urged Council to uohold the petition to rezone. Upon question of Councilmember Scheibel, Mr. Brinkman said the primary use will be to maintain and reoair vehicles and Councilmember Scheibel said he feels the orincioal use will be for storage. Mary Jane Rachner aooeared and supported the rezoning and spoke in reference to other various actions taken oreviously today by Council. Councilmember Sonnen left the meeting at this, point. The Council, at this time recessed and reconvened at 11:10 A.M. No one else aooeared. Councilmember bimond moved that the public hearing be closed. Adooted Yeas - 6 Nays - 0 Councilmember Dimond said this is clearly a residential area and the Comorehensive Plan states this property is to be a residential use. He said he does not ,feel the Planning Commission errored and he moved denial of the oetition to rezone. Councilmember Goswitz said this area has been a dump for many years and communication from District 2 has all been su000rtive. Upon request of Councilmember Scheibel, Lisa Freese referred to and explained other Properties rezoned and their purposes and circumstances. Councilmember Scheibel referred to his concerns with facts in front of us and said he.,would feel more comfortable if this was zoned industrial. Councilmember Rettman said this is a major residential area and she sooke in support of the motion to deny the oetition and uphold the decision of the Planning Commission. Councilmember Wilson said this is a close call and he commended Councilmember Goswitz for his persistence regarding businesses and he said his concern is the oossibility of soot zonings. Councilmember Long spoke in support of the motion. Roll call on the motion to deny the oetition to rezone. Adopted Yeas - 5 Nays - 1 (Goswitz) (cc 1113145) 27. Resolution - 89-697 - Aooroving application for the renewal of Off Sale Liquor License applied for by MarthDm, Inc., dba Payne Avenue Liquor located at 980 Payne Avenue. No one aooeared in 0000sition. Kris Van Morn said their recommendation is for aooroval. Councilmember Scheibel moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 28. Resolution - 89-698 - Aooroving application for the renewal of various On Sale Liquor.and su000rting Class III licenses as listed. No one aooeared in opposition. Kris Van Horn said their recommendation is for aooroval. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 s s &� ADril 20, 1989 29. Resolution - 89-699 -Renewing On Sale Liquor license issued to Prom Catering ' Co., Inc., located at 190 N. Smith. No one aooeared in 0000sition. Councilmember Scheibel moved aoproval of the resolution. Adooted Yeas - 6 Nays - 0 w 30. Resolution - 89-700 - Aooroving application for Off Sale 3.2 -Malt Beverage License applied for by Walgreen Co., dba Walgreens located at 522 S. Snelling. No one appeared in opposition. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Y s - 0 31. Report of the Administrative Law Judge including Findings of Fact, Conclusions of adverse hearing involving licenses held by and Recommendations in the matter Ward Property Management, Inc. dba Payne Reliever located on the southwest corner of Payne and York. Upon question of Council members, Mark Vaught, attorney representing owners of said they have filed exceptions to ti the ,Payne Reliever, appeared and made by the Administrative Law Judge. recommendations and his waslbeClaid Attorney, iM ' thmsneoort will May 2ndt Laid over to May 2nd. Councilmember Dimond moved that the meeting be adjourned. I: Adopted Yeas - 6' Nays - 0 ADJOURNED AT 11:25 A.M. n� "` ouncA�e� ATTEST: Cooies sent to Councilmembers .4•' %5-/- Minutes approved by Council '—A A80:PMK MINUTES OF THE COUNCIL 9:00 A.M. APRIL 25; 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Vice President Wilson at 9:05 A.M. Present - 5 - Councilmembers Dimond, Goswitz, Long, Rettman, Wilson- Absent - 2 - Councilmembers Scheibel and Sonnen Councilmember Wilson rioted that both Councilmembers Sonnen and Scheibel are excused from today's meeting. ORDINANCES 1. Final Adoption - 88-2000 - An ordinance amending Section 41.03 of the Legislative Code pertaining to .the disconnection of stormwater and clearwater connections from sanitary or combined sewers and the appeal Process. Councilmember Rettman moved aooroval of the ordinance. Adooted Yeas - 5 Nays - 0 Ord. #17649 2. First Reading - 89-701 - Amending certain sections of the St. Paul City Charter by deleting gender specific references. (Charter Commission recommends aooroval - FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 3. First Reading 89-702 - Amending Section 10 of the St. Paul Charter pertaining to the City budgeting process. (Charter Commission recommends approval - FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. APPLICATIONS - CdM1NICATION 4. Claim of Mrs. John Currier, 1783 Duluth St., filed April 13, 1989, was read. Referred to the City Attorney's Office. Claim of Patricia Bauer,453 St. Clair, filed April 10, 1989, was read. Referred to the City Attorney's Office. Claim of John Bolin, 2026 Reaney Ave., filed Aoril 7, 1989, was read. Referred to the City Attorney's Office. Claim of Margaret Del Fiacco (Collings, Buckley, Sauntry & Haugh, attny.) filed April 13, 1989, was read. Referred to the City Attorney's Office. Claim of Joanne Hemann,700 E. 6th, filed Aoril 7, 1989, was read. Referred to the City Attorney's Office. Claim of Steve Law, 21 Maywood Place, filed April 17, 1989, was read. Referred to the City Attorney's Office. Claim of James and Susan Lundholm, 403 Totem Rd., filed April 10, 1989, was read. Referred to the City Attorney's Office. Claim of Patrick Lynaugh,503 Griffith, filed April 13, 1989, was read. n..r,._,.,.a — �tio r;*„ nffirn_ xaSt,„`5' i r April 25, 1989 4 Claim of Gary Pepoard, 8731 Greenway Ave. S., Cottage Grove, MN, filed April 6, 1989, was read. Referred to the City Attorney's Office. 4t Claim of Linda Pizinger, 1634 Snelling Dr. #10, filed April 10, 1989, was read. Referred to City Office. the Attorney's 5. Summons and complaint in the matter of June and Richard Cournoyer vs the City of St. Paul et al. Referred to the City Attorney's Office. ~ a 6. Administrative Orders D-10219 through D-10227 were noted as on file in the City Clerk's Office. ` t NEW BUSINESS — RESOLUTIONS 7. Resolution - 89-703 - Amending the 1989 budget by adding $12,065 to the Financing and Spending Plans for Parks and Recreation Supply and Maintenance fund for Wabasha Street Beautification project. (FOR ACTION) Council member Rettman moved aooroval of the resolution. Adopted - Yeas - 5 Nays - 0 B. Resolution - 89-704 - Amending the Fort Road/West Seventh Street Federation NPP Project budget by adding $45,713.91. l (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. 'w Adooted Yeas - 5 Nays - 0 9. Resolution - 89-705 - Accepting grant offer from the State in the amount of x $7,014,652 to be deposited in Public Works to partially finance construction of ' separated sewers for the City's 1989 Sewer Separation program and authorizing Roy Bredahl and/or Roger Puchreiter as desi96oted representatives to sign all documents associated-with said grant. (FOR ACTION) Councilmember Goswitz moved approval of the resolution. N% Adopted Yeas - 5 Nays - 0 10. Resolution - 89-706 - Accepting the report of the St. Paul Citizens Solid Waste Task Force and endorsing the general concept of developing a comprehensive solid waste management system and expressing aooreciation and commending of the task - force for their hard work. (FOR ACTION) Uoon request of Councilmember Long this resolution was referred to Committee. Referred to the Public Works Committee. 11. Resolution - 89-707 —Granting the aooeal of Vernon and Mabel Ruttan and reversing the decision of the Planning Commission by denying the application by Park III Development Grouo for a Special Condition Use Permit for a six unit cluster housing development 2389-2399 Commonwealth Avenue. (FOR ACTION IR E at - Hearin held April 11th ) Council member Dimond moved aooroval of the resolution. Sxx'� 2krt5 Adooted Yeas - 5 Nays - 0 12. Resolution - 89-708 - Adopting the 1988-1991 Housing Assistance Plan and �' h' providing for the development of a new Housing Plan element of the Comprehensive 5 •- rat' ' 'f S an(FOR ACTION) - Uoon request of Councilmember Rettman this resolution was referred to Committee. Referred to the Housing & Economic Develooment Committee. r 13. Resolution -'89-709 - Making certain determinations and findings necessary to acquire properties under the URAP for the North End Partnership Develooment Area located north of Sycamore Street. (FOR ACTION - Hearing held Aori1 46) Councilmember Rettman moved aooroval of the resolution. T Adopted Yeas - 5 Nays - 0 - 225 - April 25, 1989 14. Resolution - 89-710 - Authorizing orooer City officials to execute a lease agreement with Luverne Worms for leasing of building located at 1441 N. Rice by the Police Department to house North End Team Station. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 5 Nays - 0 15. Resolution - 89-711 - Authorizing the release of utility easement rights in vacated alley in Blk. 4, Pacific Addition bounded by Farrington, Larch, Sycamore and Galtier. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 16. Resolution - 89-712 - Authorizing payment of $54,250 to Antonio Brown from the Tort Liability fund in full settlement of his claim. Upon question of Councilmember Rettman, Ed Starr said this matter has been settled and this is the concluding documentation. Councilmember Rettman moved approval of the resolution. Adopted,, _ Yeas - 5 Mays - 0 17. Preliminary Order - 89-713 - Removing and reconstructing existing structurally between Paynestle andand Moundsa 61vnd.,wandssetting,datelof publichearingforrJunedge 1989. approval of the order. 1/ Councilmember Long moved ap, Nays - 0 Adapted Yeas.- 5 18. Preliminary Order - 89-714 - Reconstructing sidewalks located on Darts of Grand and University Avenues, and setting date of Public hearing for June 13, 1989. Councilmember Long moved approval o5 the order. Nays - 0 Adopted 19. Preliminary Order - 89-715 - Constructing storm sewer system connections in conjunction with the Cleveland/St. Clair Area Storm Sewer Separation project, and setting date of public hearing for June 1, 1989. Councilmember Long moved approval of the order. Nays - 0 Adopted Yeas - 5 PUBLIC HEARINGS 20. Third Reading - 89-644 - An ordinance amending Chapter 417 of the Legislative Code pertaining to parking lots. (Community & Human Services Committee submits to Council without recommendation) Councilmember Rettman explained the Committee meeting discussion and she referred to the time and effort out into this ordinance and to compromises made with BOMA. Councilmember Dimond said he understands the importance of the issue of safety but he feels this ordinance still needs review and that he feels St. Paul does not have a safety problem,in parking lots and he expressed his concern with the need to balance the ordinance without a cost burden and he submitted a draft ordinance for discussion on the economic issue and he explained the oroposed changes pertaining to patrol and surveillance cameras. Councilmember Rettman said in Committee they went over line item by line item with BOMA and she said the ordinance before us today is clearly based on the City's licensing procedures for monitoring purposes. Councilmember GDSwitZ ,stated all issues were discussed at great lengths in Committee and there are many instances of assaults in the City. Councilmember, Wilson, said, we will hear testimony today on the ordinance which is Dresently.before Council. . (Discussion continued on following page) - 226 - J April 25, 1989 14. Resolution - 89-710 - Authorizing orooer City officials to execute a lease agreement with Luverne Worms for leasing of building located at 1441 N. Rice by the Police Department to house North End Team Station. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 5 Nays - 0 15. Resolution - 89-711 - Authorizing the release of utility easement rights in vacated alley in Blk. 4, Pacific Addition bounded by Farrington, Larch, Sycamore and Galtier. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 16. Resolution - 89-712 - Authorizing payment of $54,250 to Antonio Brown from the Tort Liability fund in full settlement of his claim. Upon question of Councilmember Rettman, Ed Starr said this matter has been settled and this is the concluding documentation. Councilmember Rettman moved approval of the resolution. Adopted,, _ Yeas - 5 Mays - 0 17. Preliminary Order - 89-713 - Removing and reconstructing existing structurally between Paynestle andand Moundsa 61vnd.,wandssetting,datelof publichearingforrJunedge 1989. approval of the order. 1/ Councilmember Long moved ap, Nays - 0 Adapted Yeas.- 5 18. Preliminary Order - 89-714 - Reconstructing sidewalks located on Darts of Grand and University Avenues, and setting date of Public hearing for June 13, 1989. Councilmember Long moved approval o5 the order. Nays - 0 Adopted 19. Preliminary Order - 89-715 - Constructing storm sewer system connections in conjunction with the Cleveland/St. Clair Area Storm Sewer Separation project, and setting date of public hearing for June 1, 1989. Councilmember Long moved approval of the order. Nays - 0 Adopted Yeas - 5 PUBLIC HEARINGS 20. Third Reading - 89-644 - An ordinance amending Chapter 417 of the Legislative Code pertaining to parking lots. (Community & Human Services Committee submits to Council without recommendation) Councilmember Rettman explained the Committee meeting discussion and she referred to the time and effort out into this ordinance and to compromises made with BOMA. Councilmember Dimond said he understands the importance of the issue of safety but he feels this ordinance still needs review and that he feels St. Paul does not have a safety problem,in parking lots and he expressed his concern with the need to balance the ordinance without a cost burden and he submitted a draft ordinance for discussion on the economic issue and he explained the oroposed changes pertaining to patrol and surveillance cameras. Councilmember Rettman said in Committee they went over line item by line item with BOMA and she said the ordinance before us today is clearly based on the City's licensing procedures for monitoring purposes. Councilmember GDSwitZ ,stated all issues were discussed at great lengths in Committee and there are many instances of assaults in the City. Councilmember, Wilson, said, we will hear testimony today on the ordinance which is Dresently.before Council. . (Discussion continued on following page) - 226 - y ! April 25, 1989 } (Discussion continued from orevious oage) Bill Booth representing BOMA appeared and said he is concerned about the oeoole r of St. Paul who come downtown but he feels the reason more people do not come Lv k t downtown is due to the high cost of narking itself and not fears of narking in the lots. He said he.does not agree with the ordinance before Council -and feels there are still major areas that need to be addressed and he recommended Council refer this ordinance back to Committee for discussion of the draft ordinance �^ submitted by Councilmember Dimond today. Later in the meeting Mr. Booth aooeared'and referred to letters he received from oarking lot owners in 4, 000sition to the ordinance because of the excessive costs involved. Uoonoquestion of Councilmember Goswitz, Mr. Booth said comments he stated above were in reference to the Governor's Report and also to a grid he obtained by the Police Department. Larry May of American Security aooeared and sooke in 0000sition to the ordinance ' .w« and he identified elements of theordinance lie feels ai-e cost excessive and he answered questions of Councilmembers. r No one else aooeared. i Councilmember Rettman said there is a minor language amendment on nage 5 paragraph 3 of, the ordinance adding "at least 4 foot wide starting 1 foot from the floor" and she moved aooroval of that amendment. Adopted Yeas - 5 Rays - 0 Councilmember Long said his sense is to lay the public hearing over with s discussion to be held on the draft submitted by Councilmember Dimond today and he suggested laying this.over for one week in order that the full Council can be l.k= present for the discussion. Councilmember Rettman said she has no problem with laying the ordinance over but sees no need for it to be referred back to Committee because they have done all w r the work possible and now it is time to be voted on. Councilmember Wilson said he he knows the Committee has done their work but he feels discussion would be better held in Committee rather than the .regular Council meetingg. Councilmember Rettman said the Committee. members are unanimous in their vote and she said all Councilmembers need to be present at that meeting to voice their opinions if discussion is to be held. Councilmember Dimond:said the Committee has done a tremendous job and he said he is only recommending some changes. Referred to the. Community.&Human Services Committee with Third Reading _ continued. 21. Third Reading - 89-425 - An: ordinance amending Chapter 15 of the Administrative Code pertaining to meetings of the Council, Committees, Boards and Commissions by deleting notice requirements that conflict with state law. (Rules & Policy Committee recommends aooroval of substitute ordinance) No one appeared in 0000sition { Laid over to May 2nd for Final Adoption. x s 22. Hearing to consider proposed orooerty acquisition of land in the Kent -Sherburne URAP for properties located at 551, 553, 555, 557 Sherburne and 520 Kent. Vicki Murray of PED aooeared and upon question of Councilmember Wilson said to Ke a 3t her knowledge there is no 0000sition. No one aopeared in opposition. ' r? Councilmember Dimond moved aooroval of the property acquisition as stated above. �r 3 Adopted Yeas - 5 Nays - 0 s tl 227 - ._ .... . -. - April 25, 1989 23. Resolution - 89-716 - Ordering repair or demolition of orooerty located at 398 Banfil Street. Steve Roy appeared and said this orooerty has been vacant since at least 1978 and although the current owner has done some repairs they are not up to City standards. He said their latest inspection was yesterday and he distributed photographs and said his recommendation is for the repair or demolition of the orooerty within 30 days. keith Johnson appeared reoresenting,the bank where the mortgage is held and said theyhad been assured by the owner the work was done according .to compliance. Greg O'Brien aooeared and said he has been working on the house for approximately 7 months and he explained the work he has done. Upon question of Councilmember Dimond, Mr. Roy stated the work was not approved by the Building Inspector. Barbara McCormick of the West Seventh Federation appeared and.said this property has been a significant problem in the area and she urged Council to accepi the recommendation of Mr. Roy. Upon question of Councilmember Rettman, Mr. O'Brien said he believes the work can be completed within 60 days. Councilmember Wilson said it is helpful people work to rehab homes but the need is there to proceed and get this work done in a.timely fashion. Councilmember Rettman said she is not willing to extend the 30 days recommended by staff and she moved that the property be repaired or demolished in 30 days. AdoptedYeas - 5 Nays - 0 Later.in the meeting Councilmember Goswitz requested his vote be changed._ Adopted Yeas - 4 Nays - 1 (Goswitz) 24. Resolution - 89-717 - Ordering repair or demolition of property located at 851 Dayton. Steve Roy appeared and said since 1985 this ,orooerty has been unoccupied.and the property is now tax forfeited and he referred to a problem with the Dresent owner not willing to live in the orooerty but not willing to place it uD,for sale .either and he said his recommendation is for the reoair or demolition within 30 days. Jim Daley appeared and said he lives kitty-corner from this orooerty and he expressed his interest to obtain and redevelop the orooerty. He referred to five other vacant lots on the block and said he feels this home is structurally worth renovating for single family orooerty and he said if he could Purchase the orooerty within 30 days he is financially able rehab it. Richard Rhoade appeared and said he lives in the neighborhood and that he also believes the home is structurally fit to be rehabilitated. Mr. Roy said the Problem is the home is not for sale and therefore cannot be purchased. A County Agent appeared and explained the home cannot be out UD for sale before October due to taxes and State cannot take a stand on whether the City chooses to demolish the orooerty or not. Councilmember Wilson said this is a nuisance to the neighborhood and he recommended proceeding with staff recommendation. Councilmember Dimond moved to proceed with the reoair or demolition of this orooerty within 30 days. He said even though there are potential buyers laws outside City control don't allow the purchase of it. Councilmember Rettman said she aooreciates the County representative being here today and she spoke in support of the motion. . Jim Daley appeared again and said there is must be some other recourse than to demolish the structure, and Councilmember Wilson said it is a blight to the community and under the circumstances there is no other solution. Councilmember Dimond called the question. Adopted Yeas - 4 Nays - 1 (Goswitz) - 228 - 37. Hearing to consider the appeal of Warren and Carol Schuldt to a Summary Abatement.Order for orooerty located at 444 S. Point Douglas Road. Steve Roy appeared and .oresented his staff report and said the building has deteriorated and he is orderingthe repair of the structure. Warren Schuldt aooeared and said he has no discreoancyy with the report of Mr. Roy but he said Dart of the wails are masonry and holds the embankment to this orooerty and he requested to keen that oartial wall as well as large wall made out of oak to be used as a car Dort to be constructed this summer. He said he spoke with an insoector at the site and the insoector stated he didn't see a problem with that request and he requested 90-120 days to complete the work. Upon question of Councilmember Rettman, Mr. Roy said the inspector feels the original retaining masonry wall' is in sound condition and is acceptable to remain but the wood wallis delaoitated and he recommends that wall be torn down. He said Mr. Schuldt can tear the wall down and use the oak for other l ourooses as long as he doesn't store it for any length of time. Councilmember Dimond spoke in support of staff recommendation and said we need to move ahead with the order. Upon question of Council, Steve Roy recommended the order be complete within 30 days. Councilmember Dimond moved denialof the aooeal with the order to be completed within 30 days with the masonry .wa11 to remain. Adopted Yeas - 5 Nays - 0 25. Resolution - 89-718 - Ratifying assessment for acquisition.of permanent utility and temporary construction easements for the Flandrau/Case Area Storm Sewer oroject. peter White appeared and requested a one week layover to amend the legal description. Councilmember Goswitz moved a one week layover to May 2nd Adopted Yeas - 5 Nays - 0 26. Resolution - 89-719 - Ratifying assessment for. improving St. Clair from Cretin to Snelling with lantern style .lighting systema No one aooeared in 0000sition. Councilmembers Long and Dimond moved aooroval of the resolution. Adopted ',Yeas - 4 . Nays - 1 (Rettman) 27. Resolution.- 89-720 - Ratifying assessment and condemning and taking permanent easements for utility ourooses and temoorary, construction easements.in connection with the Albemarle/Nebraska Area Storm Sewer project. No one aooeared in 0000sition. Councilmember Rettmao said Committee discussion ,held should be made.a part of the record, and .Peter White stated another'prooerty will be coming before Council under separate resolution. Adopted Yeas - 5 Nays - 0 28. Resolution - 89-721 - Ratifying assessment and condemning and taking permanent easements for utility ourooses and temoorary construction easements in connection with the Albemarle/Nebraska Area Storm Sewer project. (See discussion above) Adopted Yeas - 5 Nays - 0 - 230 - i H April 25, 1989 29. Final Order - 89-676 - Sidewalk construction with integral curb for the north side of W. 7th from Smith to Forbes, the east side of Smith from W. 7th to Forbes, and the west side of Forbes from Smith to W. 7th. (Laid over from Aoril 18th) The City Clerk read for the record the order as amended. .r No one aooeared in 0000sition. •" Councilmember Dimond moved aooroval of the amendments. Adooted Yeas - 5 Nays - 0 Councilmember Dimond moved approval of the order as amended. Adopted Yeas'- 5 Nays - 0 —; 30. Resolution - 89-722 - Aooroving the renewal of On Sale Liquor, Sunday On Sale Liquor;. Off Sale Malt and Restaurant Licenses held by Georges Bar, Inc, dba Joseoh's located at 537 State Street. No one aooeared in. 0000sition. Councilm6mber Dimond moved aooroval of the resolution. ,4 Adopted Yeas - 5 Nays - 0 31. Resolution - 89-723 - Aooroving the request by Joseph's Bar and Restaurant located at 537 State Street fora One Day Extension of Service Area to the adjacent parking lot on May 6th .between •00 A.M. and, 6:00 P.M. in connection with the Cinco de Mayo Fiesta._ No one aooeared in opposition. Councilmember.Dimond moved aooroval of the resolution. Adopted - Yeas - 5 Nays - 0 32. Resolution - 89-724 - Aooroving the request by Ronald Mechura dba West Sider Bar located at 429 S. Robert Street for a One Day Extension of Service Area -to the adjacent parking lot on May 6th between 8:00 A.M. and .6:00 P.M. in connection with the Cinco de Mayo Fiesta. No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas -. 5 Nays - 0 33. Resolution - 897725 - Aooroving aoolication for. Off Sale 3.2 Malt License applied for by Joe's Market & Del{, Inc. dba Joe's Market & Deli (Bruce Rubinger) located at 1810 Randoloh. Upon request Of Councilmember Long this resolution was laid over to May 16th for District Council review and recommendation.. Laid over to May 16th. 34. Resolution - 89426 - Approving -application for Intoxicating Malt Beverage License aoolied for by Ca6one s, Pizza,:Inc. dba Carbone's,Pizza .located .at 680 E. 7th in connection with their On Sale Wine and; Restaurant. Licenses. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted - Yeas -_5 - Nays - 0 35. Resolution - 89-727 - Aooroving aoolication for the transfer of On Sale Wine, On Sale Malt Beverage (menu item only) and Restaurant Licenses currently issued to BLT of St. Paul, Inc. dba The Little Aoole (Lora Herring, Pres.) located at 720 Grand to Brahim Hadj-Moussa & Kimberly Koffolt dba The Barbary Fig at the same address. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 - 230 - i H I z 5 _ } A t t r r e3"t;<; W i April 25, 1989 > 36. Resolution - 89-728 - Aooroving with stipulations Parking Lot License applied for by Allright Parking, inc. dba Allrighi Parking located at 472 N. Robert. r Upon request of Councilmember Rettman, the applicant aooeared and stated landscaoing will be complete within 30 days. No one else appeared. Councilmember Dimond moved approval of the resolution. jr•=- Adopted Yeas - 5 Nays - 0 on Councilmember Long moved that the rules be suspended to consider an item not the agenda pertaining to the acknowledgement of Fred Fischer. Adopted Yeas - 5 Nays - 0 -I rig Resolution - 89-741 - Acknowledging Fred Fischer and his accomplishments- and-;,. congratulating him on the occasion of his naming as one of the ten outstanding young men In the nation. Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Dimond moved that the meeting be adjourned. - Adopted Yeas - 5 Nays - 0 ADJOURNED AT 11:06 A.M. _ n� I nt ATTEST: Copies sent to Councilmembers 8 S 3U�P Cj �✓ Minutes approved by Council f i yy er j ABO:PMK I L-: MINUTES OF THE COUNCIL - i j 9:00 A.M. APRIL 27,.1989 k j 1 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE r x SAINT PAUL, MINNESOTA o The meeting was called to order by President Scheibel at 9:00 A.M. r` Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 - , � � • � NISCEIJJINEOU$ r 43. Recogmtion'of youth volunteers for the month of April. Pa :; Councilmembers Scheibel, Rettman and Wilson ,recognized and presented` certificates to youth volunteers of the month. ORDINANCES 1. Final Adoption - 89-275 - An 'ordinance amending Section 4.02 of the St. Paul City Charter requiring the publication of City Council minutes in the official newsoaoer. ,(Charter Commission and Rules & Policy Committee recommends approval) The City Clerk stated adoption of this and the following three related items M would require unanimous vote. a {. Councilmember Barmen ngved,aooroval of the ordinance. Failed of Adoption Yeas - 6 Nays - 1 (Rettman) 2. Final Adoption - 89-276 - An ordinance amending Section 6.07 of the St. Paul City Charter by deleting the requirement for publication of Council resolutions in the official newsoaoer. (Charter Commission and Rules & Policy Committee recommends approval) (See discussion above) Councilmember Sonnen moved aooroval of the ordinance. Failed of Adoption Yeas - 6 Nays - 1 (Rettman) 3. Final Adoption -277 - An ordinance amending Section 8.05 of the St. Paul 09 City Charter by eting the requirement for publication of Council resolutions in the official newsoaoer. (Charter Commission and Rules & Policy Committee recommends aooroval) (See discussion above) Councilmember Sonnen moved aooroval of the ordinance. Failed of Adoption Yeas - 6 Nays - 1 (Rettman) y 4. Final Adoption - 89-278 - An ordinance amending Section 13.03.1 of the St. Paul City Charter by deleting the requirement for publication of Council resolutions in the official newsoaoer. (Charter Commission and Rules & Policy Committee recommends aooroval ) (See discussion above) Councilmember Sonnen moved aooroval of the ordinance. Yeas 6 Nays - 1 (Rettman) Failed of Adoption - 5. Final Adoption - 89-2 - An ordinance creating a new Chapter 236 of the Legislative Cade prohibiting the use of certain packaging materials for food and 3 beverages sold at retail. (Public Works Committee recommends aooroval with y , amendment) Councilmember Long identified the five major purposes of this ordinance and he tt int moved it be approved. (Discussion continued on following page) d A 232 - April 27, 1989 Councilmember Goswitz referred to language he would like amended on page 5 and for the record stated his concerns and briefly referred to other documentation he received on this subject that has never been made part of the file. Councilmember Long stated upon recommendation of Phil Byrne that language aooearedeandrsaidWifzthe language was ch chald nged he would main as iha eis, concernnd Phi veryrne its lack of definition. Councilmember Rettman stated her concerns and said at a later date there may be need for amendments. She said she supports the ordinance with her concerns as previously stated. Councilmember Wilson said it is imperative steps be taken to protect our environment and he referred to his concern with the economic reconversions of - businesses and to the job impact statement. He said conceptually this is ggpod legislation and stated he. will su000rt the ordinance with the understanding after further review it can be reconsidered to call issues into question. Councilmember Dimond said he feels this legislation is important and said he very much supports the ordinance. Councilmember Goswitz quoted from a letters of e Mae r a he wnd ill alit iLh he feels this is a start there are too many Councilmember Sonnen said we have resoonsibility for our -land, resources and the future and said she has supported this from the beginning and will continue to su000rt it. Nancy Post appeared and commented on the ordinance. Councilmember Scheibel said there has been good, sincere debate on this issue and said he sees this ordinance as a step in responding to the people and we need to all work together for a solution. Councilmember Long moved approval of the ordinance in front of Council today. Roll call. Adopted Yeas - 6 Nays - 1 (Goswitz) Ord, #17650 6. Second Reading -.89-686 - An ordinance amending Section 24.03(c)(1)(e) of the Administrative Code pertaining :to code of ethics as it relates to the gift or receipt of tickets to events. Councilmember .Rettman spoke in opposition to this ordinance and said she will not vote in su000rt it. Laid over to May 2nd for Third Reading, 7. FirstReading- 89-729 - An ordinance amending Chaoter 403 of the Legislative Code oertainingg to minimum distances between bingo halls. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. APPLICATIONS - CONNUKICATION B. Summons and complaint in the matter of Nicholas Otto vs the City of St. Paul. Referred to the City Attorney's Office. 9. Summons and complaint in the matter of St. Paul Police Federation et al vs the City of St. Paul et al. Referred to the City Attorney's Office. ication No. 254 of 10. Letter of the State Department Robert Meiers for Han ock-Nets of MercantileRevenue f orm educt on lof assessed valuation for certain real estate in the City. A letter of the Valuation Engineer's Office was noted explained the reqquest. Filed (CC #13127) - 233 - F 3 is >� April 27, 1989 Councilmember Goswitz referred to language he would like amended on page 5 and for the record stated his concerns and briefly referred to other documentation he received on this subject that has never been made part of the file. Councilmember Long stated upon recommendation of Phil Byrne that language aooearedeandrsaidWifzthe language was ch chald nged he would main as iha eis, concernnd Phi veryrne its lack of definition. Councilmember Rettman stated her concerns and said at a later date there may be need for amendments. She said she supports the ordinance with her concerns as previously stated. Councilmember Wilson said it is imperative steps be taken to protect our environment and he referred to his concern with the economic reconversions of - businesses and to the job impact statement. He said conceptually this is ggpod legislation and stated he. will su000rt the ordinance with the understanding after further review it can be reconsidered to call issues into question. Councilmember Dimond said he feels this legislation is important and said he very much supports the ordinance. Councilmember Goswitz quoted from a letters of e Mae r a he wnd ill alit iLh he feels this is a start there are too many Councilmember Sonnen said we have resoonsibility for our -land, resources and the future and said she has supported this from the beginning and will continue to su000rt it. Nancy Post appeared and commented on the ordinance. Councilmember Scheibel said there has been good, sincere debate on this issue and said he sees this ordinance as a step in responding to the people and we need to all work together for a solution. Councilmember Long moved approval of the ordinance in front of Council today. Roll call. Adopted Yeas - 6 Nays - 1 (Goswitz) Ord, #17650 6. Second Reading -.89-686 - An ordinance amending Section 24.03(c)(1)(e) of the Administrative Code pertaining :to code of ethics as it relates to the gift or receipt of tickets to events. Councilmember .Rettman spoke in opposition to this ordinance and said she will not vote in su000rt it. Laid over to May 2nd for Third Reading, 7. FirstReading- 89-729 - An ordinance amending Chaoter 403 of the Legislative Code oertainingg to minimum distances between bingo halls. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. APPLICATIONS - CONNUKICATION B. Summons and complaint in the matter of Nicholas Otto vs the City of St. Paul. Referred to the City Attorney's Office. 9. Summons and complaint in the matter of St. Paul Police Federation et al vs the City of St. Paul et al. Referred to the City Attorney's Office. ication No. 254 of 10. Letter of the State Department Robert Meiers for Han ock-Nets of MercantileRevenue f orm educt on lof assessed valuation for certain real estate in the City. A letter of the Valuation Engineer's Office was noted explained the reqquest. Filed (CC #13127) - 233 - April 27, 1989 11. Letter of the City Attorney's Office announcing a date of public hearing for.May 8th before an Administrative Law Judge pertaining to possible adverse action against licenses held by Michael Reaney, Jr., dba Reaney's Bar located at 870 Payne Avenue. Councilmember Rettman referred to Committee discussion pertaining to early notification mailing and said Jerry Jenkins of PED was present at that meeting and agreed to the recommendation of the mailings. Filed (CC #13128) 12. Executive Order E-31 was noted as on file in the City Clerk's Office. COMITTEE,REPORTS 13. Resolution -89-559 .- Amending the 1988 CIB budget by adding $373,500 for the Minnehaha_ Avenue oroject from White Bear Avenue to McKnight. (PublicWorks Committee recommends approval) Councilmembers Dimond and Goswitz moved aooroval.of the resolution. Adopted Yeas 7 Nays - 0, 14. Resolution 89-560 - Amending the 1989 CIB budget by adding $755,550 for MSA contingency. (Public Works. Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 15. Resolution -'89-561 - Amending the 1989 CIB.budget by transferring $96,020 to the Mississippi River Boulevard project. (Public Works Committee recommends approval), Councilmember Goswitz moved approval of the resolution. Adopted I Yeas - 7 Nays - 0 16. Resolution,- 89.562 - Amending the 1989 CIB budget by transferring $100,000 from West,Seventh Street widening to Dale Street right-of-way acquisition project. (Public Works Committee recommends approval) Councilmembers Dimond and Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 . 17. Resolution - 89-564 - Amending the 1989 CIB budget to provide $39,200 for construction work on Mississiooi River Boulevard at Marshall. (Public Works Committee recommends approval),'' Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 18. Resolution - 89-603 - Approving the appointments by the,Mayor.of Craig Wruck and.. Victor Angerhofer to serve on the Metr000litan Aircraft Sound Abatement Council. (Public Works Committee recommends approval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 19. Resolution - 89-524 - Authorizing proper City officials to execute an .agreement with Ramsey County to provide for pa ment of aooroximately $10,000 from the - County Aid Fund for City's share of sidewalk, utilities, curb and gutter costs associated with the reconstruction of McKnight Road and Minnehaha. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 234 - y �. April 27, 1989 25. Resolution - 89-50B - Supporting C.F. 88-223 adopted February 16, 1988 and not purchasing investments issued by U.S. companies that have ooerations in Northern Ireland as identified by the Investor Resoonsibilty Research Center. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 26. Resolution - B9-567 - Authorizing the Mayor to submit the CDBG Year -XV Statement of Community Objectives and Projects Use of Funds to HUD, to submit to HUD any assurances, certifications, technical changes or additional information that may be required in the review of the City's CDBG Year XV Submission for Federal Assistance, and upon aouroval authorizing orooer City officials to execute the grant agreement and contract between the U.S. Deoartment of HUD and the City for the CDBG Year XV Program. (Finance Committee recommends approval with amendments) Councilmember Long moved approval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 27. Resolution - 89-593 - Amending the 1989 budget by adding $14,953 to the Financing and Spending.Plans-Plans for Parks and Recreation Supply and Maintenance grass cutting, snow -removal, litter pick up and other exterior tasks. (Finance Committee recommends approval) !/ Councilmember Long explained a technical amendment and moved approval of the resolution. Adopted Yeas - 6 Nays - 0 28. Resolution -'89-594 - Amending the 1989 budget by adding $2,334 to the Financing and Spending Plans for Parks and Recreation Suooly and Maintenance snow removal. (Finance Committee recommends approval) Councilmember Long moved approdal of the resolution. - Adopted Yeas - 6 Nays - 0 Councilmember Sonnen returned to the meeting at this point. 29. Resolution - 89-592 - Approving the City of St. Paul Cafeteria Plan Document. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted - Yeas - 7 Nays - 0 30. Resolution - 89-285 - Amending, the 1989 budget by transferring $131,584 within the Community Services Library Division. (Community & Human Services Committee recommends denial) Councilmember Rettman referred to Committee discussion and commended Library staff for their work. Councilmember Sonnen said this is a hard choice but there needs to be a budget amendment for staffing and Councilmember Rettman said that has been requested and is -forthcoming. Councilmember Scheibel withdrew the resolution. Withdrawn. 236 - r>, a j k r r s,; April 27, 1989 20. Resolution - 89-573 - Authorizing proper City officials to execute a contract with the Commissioner of Transoortation detailing the engineering and administrative procedures for City road or bridge projects financed with federal funds. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 21. Resolution - 89-523 - Retaining the law firm of Larkin, Hoffman, Daly and Lindgren, Ltd. as special counsel to assist in the development of the EIS for theimorovement of Sheoard Road. (Public Works Committee recommends aooroval) Uoon question of Councilmember Scheibel, Chris Nicosia appeared and said it was the recommendation of the City Attorney's Office to hireoutside counsel with expertise in the area of EIS. Upon question of Councilmember Sonnen, Jerry Segal said the EIS is part of the assessment and study orocess which is extremely complicated and they recommend outside counsel to assure compliance and he said the fee is $15,000 which at 41 some point may be increased. { Councilmember Goswitz moved aooroval of the resolution. J Adopted Yeas - 7 Nays - 0 22. Resolution - 89-428 - Amending the 1985 CIB budget by transferring $341,725.71 from Curtice/Mt. Hope/Andrew Project Residential Sidewalk Reconstruction. r>, a j k r r s,; April 27, 1989 20. Resolution - 89-573 - Authorizing proper City officials to execute a contract with the Commissioner of Transoortation detailing the engineering and administrative procedures for City road or bridge projects financed with federal funds. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 21. Resolution - 89-523 - Retaining the law firm of Larkin, Hoffman, Daly and Lindgren, Ltd. as special counsel to assist in the development of the EIS for theimorovement of Sheoard Road. (Public Works Committee recommends aooroval) Uoon question of Councilmember Scheibel, Chris Nicosia appeared and said it was the recommendation of the City Attorney's Office to hireoutside counsel with expertise in the area of EIS. Upon question of Councilmember Sonnen, Jerry Segal said the EIS is part of the assessment and study orocess which is extremely complicated and they recommend outside counsel to assure compliance and he said the fee is $15,000 which at some point may be increased. { Councilmember Goswitz moved aooroval of the resolution. J Adopted Yeas - 7 Nays - 0 22. Resolution - 89-428 - Amending the 1985 CIB budget by transferring $341,725.71 from Curtice/Mt. Hope/Andrew Project Residential Sidewalk Reconstruction. .to (Public Works Committee recommends denial) Councilmember Rettman referred to this and the following related item No. 23 as well as No. 26 and she recommended proceeding with No. 23 but not the other items because she feels the policy should be part of 1989 budget. Councilmember Dimond sooke in 0000sition to the resolutions and said we need a more consistent Policy; and said he feels the results will be a greater burden on the City as a whole. Tom Kuhfeld of Public Works aooeared and referred to the oresent process and the v length of time involved with it and said both Councilmembers Retfman and Dimond raise very valid concerns and he summarized the history of assessments. Councilmember Long said he supported this in Committee even though there are questions that need to be answered but it makes financing sense to move ahead. Councilmembers Sonnen and Goswitz spoke in support of the resolution. Councilmember Wilson referred to some concerns and suggested laying these items over for further discussion and clarification. Councilmember Rettman said she is reluctant to lay these over much longer because there are sidewalks in need of repair but she is supportive of a review of the policy after CIB review. Councilmember Scheibel spoke in support of laying the resolutions over for discussion. After further discussion there was agreement items 22 and 23 be laid over one week.. Laid over one week to May 4th. 23. Resolution - 89-429 - Amending C.F. 84-632 adopted May 17, 1984 and approving St. Paul's Assessment Policy regarding construction and reconstruction of sidewalks. (Public Works Committee recommends denial) (See discussion above) Laid over one week to May 4th. Councilmember Sonnen left the meeting at this point and returned later. 24. Resolution - 89-518 - Amending the 1989 budget by adding $54,000 to the -----._ DFinabncinyF & Spending Plans for Police Special Projects National Reining Horse er y. finance pmmittee recommends aooroval of substitute resolution) Councilmember Long moved aooroval of the substitute resolution. Adopted Yeas - 6 Nays - 0 1L � - 235 - April 27, 1989 NEW BUSINESS - RESOLUTIONS 31. Resolution - 89-730 - Amending the 1989 budget by adding $8,919 to the Financing and Spending Plans for Police Special Projects to promote two patrolmen to the rank of Sergeant. (FOR ACTION) Councilmember Rettman referred to gender language and requested "patrolman" be changed to Dolice officer" and Councilmember Scheibel stated that will be changed on the resolution. Councilmember Rettman moved approval of the resolution with the language amendment stated above. Adooted Yeas - 7 Nays - 0 32. Resolution - 89-731 - Authorizing proper City officials to execute an agreement with the State Deoartment of Transportation authorizing Trunk Highway funds to be used for temporary construction or revision of traffic signals at various locations along the I-94 corridor in downtown St. Paul. (FOR ACTION) Chris Nicosia appeared and requested this item be referred to Committee as there are some problems to the contract with MnDOT. Referred to the Public Works Committee. 33. Resolution - 89-732 - Authorizing proper City officials to execute an agreement grantingg $1,000 to the Highland Business Association for the purpose of staging the Highland Fest '89. (FOR ACTION) Councilmember Long moved approval of the resolution. Adooted Yeas - 7 Nays - 0 34. Resolution - 89-733 - Endorsing the Crosby Farm Park Nature Center develooment and directing the Division of Parks and Recreation to submit grant applications to potential funders and to accept such grants. (FOR ACTION) Cooncilmember Rettman requested this item be referred to Committee. Councilmember Sonnen said this is a request to seek grant money which is a very important element of the dark services. Cooncilmember Long said this is a good oroject and he feels we should moved ahead and he moved approval of the resolution. Adooted Yeas - 7 Nays - 0 35. Resolution - 89-734 - Su000rting H.F. 140 which encourages homeownership for low incomehouseholds. (Legislation Committee recommends approval) Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 Councilmember Long left the meeting at this point and returned later. 36. Resolution - 89-735 - Supporting Legislation pertaining to rental to the homeownership conversion program (H.F. 535 and S.F. 522). (Legislation Committee recommends aooroval) Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 37. Preliminary Order - 89-736 - Constructing new sidewalk for the south side of Reaney from Etna to Hazelwood, the east side of Etna from Reaney toBush and both sides of Wilson from White Bear to Ruth, and setting date of public hearing for June 13th. Roll call. Adooted Yeas - 6 Nays - 0 - 237 - ,x M V F J April 27, 1989 NEW BUSINESS - RESOLUTIONS 31. Resolution - 89-730 - Amending the 1989 budget by adding $8,919 to the Financing and Spending Plans for Police Special Projects to promote two patrolmen to the rank of Sergeant. (FOR ACTION) Councilmember Rettman referred to gender language and requested "patrolman" be changed to Dolice officer" and Councilmember Scheibel stated that will be changed on the resolution. Councilmember Rettman moved approval of the resolution with the language amendment stated above. Adooted Yeas - 7 Nays - 0 32. Resolution - 89-731 - Authorizing proper City officials to execute an agreement with the State Deoartment of Transportation authorizing Trunk Highway funds to be used for temporary construction or revision of traffic signals at various locations along the I-94 corridor in downtown St. Paul. (FOR ACTION) Chris Nicosia appeared and requested this item be referred to Committee as there are some problems to the contract with MnDOT. Referred to the Public Works Committee. 33. Resolution - 89-732 - Authorizing proper City officials to execute an agreement grantingg $1,000 to the Highland Business Association for the purpose of staging the Highland Fest '89. (FOR ACTION) Councilmember Long moved approval of the resolution. Adooted Yeas - 7 Nays - 0 34. Resolution - 89-733 - Endorsing the Crosby Farm Park Nature Center develooment and directing the Division of Parks and Recreation to submit grant applications to potential funders and to accept such grants. (FOR ACTION) Cooncilmember Rettman requested this item be referred to Committee. Councilmember Sonnen said this is a request to seek grant money which is a very important element of the dark services. Cooncilmember Long said this is a good oroject and he feels we should moved ahead and he moved approval of the resolution. Adooted Yeas - 7 Nays - 0 35. Resolution - 89-734 - Su000rting H.F. 140 which encourages homeownership for low incomehouseholds. (Legislation Committee recommends approval) Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 Councilmember Long left the meeting at this point and returned later. 36. Resolution - 89-735 - Supporting Legislation pertaining to rental to the homeownership conversion program (H.F. 535 and S.F. 522). (Legislation Committee recommends aooroval) Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 37. Preliminary Order - 89-736 - Constructing new sidewalk for the south side of Reaney from Etna to Hazelwood, the east side of Etna from Reaney toBush and both sides of Wilson from White Bear to Ruth, and setting date of public hearing for June 13th. Roll call. Adooted Yeas - 6 Nays - 0 - 237 - ,x M 4 - h ........ .... _ . 3` Rp j April 27, 1989 $�y x PUBLIC HEARINGS i' t, t 38. Resolution - 89-737 - Ordering the repair or demolition of property located at 1048 Dayton Avenue. No one appeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 xa 'n Councilmember Dimond moved that the rules be suspended to consider an item not on the agenda pertaining to replacement housing for discussion to be held in Committee. Roll call on the suspension. Adopted Yeas - 6 Nays - 0 f First Reading - 89-760 --An ordinance enacting a replacement housing policy and providing orocedures for its implementation. Referred to the Housing & Economic Development Committee. Councilmember Dimond moved that the rules be suspended to consider an item not on the agenda pertaining to narking lots which was discussed Tuesday's at meeting and be referred to Committee. Roll call on the suspension. Adopted Yeas - 6 Nays - 0 First Reading - 89-761 - An ordinance amending Chapter 417 of the Legislative j• Code oertaimngg to parking lots. tman the on Counti athismordinanceiand Mayc4theat 1:30 P.M.einoRoomd707 totdiscussance she alsoencouraged contacting Legislatures on housing bills. Referred to the Connunity & Human -Services Committee. Councilmember Long returned to the meeting at this Point. 39. Resolution - 89-738 — Denying application for Class B Gambling License applied for by the American Legion Arcade 'Phalen Post #577 located at 1129 Arcade. No one acoeared in 0000sition. Joe Carchedi recommended denial of this aoolication today and asked the applicant to reaooly and he referred to the need for a further investigation and to state limitations. Councilmember Goswitz stated the organization is in support of the recommendation by License staff. Councilmember Goswitz moved aooroval of the resolution denying the aoolication for gambling license. f.. Adopted Yeas - 7 Nays - 0 40. Resolution- 89-739 - Approving the transfer of State Class B Gambling License currently held by Rice Street VFW Post 3817 located at 1138 Rice to 1134 Rice. Councilmember Rettman said the City Attorney's Office is recommending a'30 day layover and Jerry Mickus'representing the VFW appeared and spoke in agreement to laying this over. Laid over to May 23rd. Councilmember Goswitz left the meeting at this point. 41. Resolution - 89-740 - Approving aoolication for the renewal of various On Sale Wine and Class III Licenses as listed. a No one aooeared in 0000sition. _ Councilmember Rettman moved approval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 4 April 27, 1989 42. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Two D, Inc. dba North End Depot located at 1638 Rice. Phil Byrne appeared and upon question of Council stated neither the licenseholder, his attorney or representative is oresent today although they were sent notification of the hearing and he said his recommendation is for a 15 consecutive day suspension. Upon question of CDuncilmember Rettman, Mr. Byrne said Proper notice was given to all oarties. Councilmember Rettman moved the license be susoended for 15 consecutive days and she stated she would Prefer the license holder to be present but they were orooerly notified. Phil Byrne requested part of the motion made by Councilmember Rettman include adootion of the Administrative Law Judge memo stating reason for departure downward from the matrix and Councilmember Rettman made that a Part of her motion. There was further discussionand agreement that the resolution to be drafted include language for the applicant to have training pertaining to the licenses he holds as well as having the applicant spend time at a neighborhood center such as was done with the licenseholder of the Hawkeye Bar. Roll call. Adopted Yeas - 6 Nays - 0 Councilmembers Dimond and Long moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 A D J 0 U R N E D AAT 1111:10 A.M. �-ounciTreessi President ATTEST: Conies sent to Councilmembers ��K Minutes aooroved by Council - ABO:PMK j - 239 - f April 27, 1989 42. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Two D, Inc. dba North End Depot located at 1638 Rice. Phil Byrne appeared and upon question of Council stated neither the licenseholder, his attorney or representative is oresent today although they were sent notification of the hearing and he said his recommendation is for a 15 consecutive day suspension. Upon question of CDuncilmember Rettman, Mr. Byrne said Proper notice was given to all oarties. Councilmember Rettman moved the license be susoended for 15 consecutive days and she stated she would Prefer the license holder to be present but they were orooerly notified. Phil Byrne requested part of the motion made by Councilmember Rettman include adootion of the Administrative Law Judge memo stating reason for departure downward from the matrix and Councilmember Rettman made that a Part of her motion. There was further discussionand agreement that the resolution to be drafted include language for the applicant to have training pertaining to the licenses he holds as well as having the applicant spend time at a neighborhood center such as was done with the licenseholder of the Hawkeye Bar. Roll call. Adopted Yeas - 6 Nays - 0 Councilmembers Dimond and Long moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 A D J 0 U R N E D AAT 1111:10 A.M. �-ounciTreessi President ATTEST: Conies sent to Councilmembers ��K Minutes aooroved by Council - ABO:PMK j - 239 - f f MINUTES OF THE COUNCIL = 9:00 A.M MAY 2, 1989 G COUNCIL CHAMBERS CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. j Present - 4 - Councilmembers Dimond, Goswitz, Scheibel, Wilson Absent - 3 - Councilmembers Long, Rettman and Sonnen (arrived at points during the meeting) ORDINANCES 1. Final Adoption - 89-425 - An ordinance amending Chapter 15 of the Administrative Code Pertaining to meetings of the Council, Committees, Boards and Commissions-'_ by deleting notice requirements that conflict with State law. (Rules & Policy Committee recommends approval of substitute ordinance) Councilmember Wilson moved approval of the ordinance. Adopted Yeas - 4 Nays - 0 Ord. 317651 2. Final Adoption - 89-10 - An ordinance amending Chaoter 91 of the Administrative Code pertaining to procedures for public hearings regarding 'public nuisances by y establishing an average, service level of oolice responses to private orooerty at four in a twelve-month period and authorizing the City Attorney to commence d legal action against the owner of private orooerty for unjust enrichment when ! police resoonses exceed level. (Community &Human Services Committee recommends aooroval with amendment - Laid over from April 4th) Upon request of Councilmember Wilson this ordinance was laid over to Tuesday, May 16th. Laid over to May 16th. 3. First Reading - 89-742 - An ordinance amending Chapter 60 of the Legislative Code enacting zoning text changes pertaining to Special Condition Use Permits. (REFERRED TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. Councilmember Rettman arrived at this point in the meeting. 4. First Reading - 89-743 - An ordinance amending Chapter 370 of the Legislative Code pertaining to Board of Examiners for Certificate of Competency .holders. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. APPLICATIONS - CONNUNICATION 5. Claim of Great American Ins. Go., 7760 France Ave. So., Bloomington, MN, filed Aoril 18, 1989, was read. Referred to the City Attorney's Office. Claim of State Farm Ins. Co., 1500 W. Highway 36, filed April 19, 1989, was read. ' Referred to the City Attorney's Office. Claim of David Jacobowitch, 627 W. Jessamine, filed April 18, 1989, was read. Referred to the City Attorney's Office. Claim of Kent Klawitter (Cochrane & Bresnahan, attny.) filed April 19, 1989, was read. Referred to the City Attorney's Office. - 240 - S r - f f MINUTES OF THE COUNCIL = 9:00 A.M MAY 2, 1989 G COUNCIL CHAMBERS CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. j Present - 4 - Councilmembers Dimond, Goswitz, Scheibel, Wilson Absent - 3 - Councilmembers Long, Rettman and Sonnen (arrived at points during the meeting) ORDINANCES 1. Final Adoption - 89-425 - An ordinance amending Chapter 15 of the Administrative Code Pertaining to meetings of the Council, Committees, Boards and Commissions-'_ by deleting notice requirements that conflict with State law. (Rules & Policy Committee recommends approval of substitute ordinance) Councilmember Wilson moved approval of the ordinance. Adopted Yeas - 4 Nays - 0 Ord. 317651 2. Final Adoption - 89-10 - An ordinance amending Chaoter 91 of the Administrative Code pertaining to procedures for public hearings regarding 'public nuisances by y establishing an average, service level of oolice responses to private orooerty at four in a twelve-month period and authorizing the City Attorney to commence d legal action against the owner of private orooerty for unjust enrichment when ! police resoonses exceed level. (Community &Human Services Committee recommends aooroval with amendment - Laid over from April 4th) Upon request of Councilmember Wilson this ordinance was laid over to Tuesday, May 16th. Laid over to May 16th. 3. First Reading - 89-742 - An ordinance amending Chapter 60 of the Legislative Code enacting zoning text changes pertaining to Special Condition Use Permits. (REFERRED TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. Councilmember Rettman arrived at this point in the meeting. 4. First Reading - 89-743 - An ordinance amending Chapter 370 of the Legislative Code pertaining to Board of Examiners for Certificate of Competency .holders. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. APPLICATIONS - CONNUNICATION 5. Claim of Great American Ins. Go., 7760 France Ave. So., Bloomington, MN, filed Aoril 18, 1989, was read. Referred to the City Attorney's Office. Claim of State Farm Ins. Co., 1500 W. Highway 36, filed April 19, 1989, was read. ' Referred to the City Attorney's Office. Claim of David Jacobowitch, 627 W. Jessamine, filed April 18, 1989, was read. Referred to the City Attorney's Office. Claim of Kent Klawitter (Cochrane & Bresnahan, attny.) filed April 19, 1989, was read. Referred to the City Attorney's Office. - 240 - J May 2, 1989 Claim of Gary Kurth, 595 E. Minnehaha, filed Aoril 17,, 1989, was read. Referred to the City Attorney's Office. Claim of Henry and Esther Peooin (Gen'l. Casualty Co.) 11000 Prairie Lakes Dr., Eden Prairie, MN, filed April 19, 1989, was read. Referred to the City Attorney's Office. COMMITTEE REPORTS 6. Resolution 89-450 - Supporting the joint Community Services Division and Police Deoartment's Park Security Program and encouraging its full implementation. (Community & Human Services Committee recommends aooroval) Councilmembers Rettman and Goswitz moved approval of the resolution. Adopted Yeas - 5 Nays - 0 NE11 BUSINESS - RESOLUTIONS 7. Resolution - 89-744 - Amending the1989 budget by adding $1,425.84 to the Financing & Spending Plans for Public Works Equipment Services. (FOR REFERRAL ` TO :THE FINANCE COMMITTEE) , Referred to the Finance Committee. B. Resolution - 89-745 - Supporting NSP's filing with Minnesota Public Utilities Commission of a Conservation Improvement Program proposal for 1989-1990 as listed. and authorizing staff to negotiate and enter Into contracts with the Energy Resource Center, Neighborhood Energy Consortium, Dayton's Bluff' �. Neighborhood Housing Services and West Side Neighborhood in accordance with said - proposal. (FOR ACTION) touncilmember Dimond moved approval of the resolution. Councilmember Scheibel noted this resolution directs staff to enter into an agreement. Roll call. Adopted Yeas - 5 Nays - 0 PUBLIC HEARINGS 9. Third Reading - 89-686 - An ordinance amending Section 24.03(c)(1)(e) of the Administrative Code pertaining to code of ethics as it relates to the gift or receiot of tickets to events. No one aooeared in opposition. The public hearing was closed and the ordinance was laid over to May 9th for Final Adoption. 10. Hearing to consider the aooeal of Betty Miller to a Summary Abatement Order for located at 2105 Palace Avenue. No one appeared in 0000sition. John Beti of the Public Health Division aooeared and gave a brief summary of this item and said their recommendation is for denial of the aooeal and upon questions of Councilmember Rettman he stated the same condition continues to exist. Councilmember Rettman moved that the aooeal be denied and the property be cleaned uo upon publication of the resolution. Adopted Yeas -'5 Nays - 0 Councilmember Sonnen arrived at this point in the meeting. 11. Final Order - 89-746 - Constructing sanitary sewer and service connections in Hall Lane'from Delos Street to 350 ft. north of Delos Street. (Public Works Committee recommends approval) Noone aooeared in 0000sition. (Discussion continued on following nage) - 241 - May 2, 1989 (Discussion continued from previous page) Councilmember Rettman said Ms. Sheoard has attended Committee meetings on this issue and is on Jury Duty this week and that Ms. Shepard has not yet met with staff from Public Works and Councilmember Rettman reqquested this Order be laid over to May 11th for Ms. Sheoard to,.meet with City staff. Chris Nicosia appeared and statedihe has tried to contact Ms. Shepard and he is agreeable to the lay over. Laid over to May 11th. 12. Final Order .- 89-747 - Constructing sanitary sewer and sewer connections in Marion Street from Laroenteur to Idaho. (Public Works Committee recommends approval) . No one aooeared in opposition. Councilmembers Dimond and Rettman moved approval of the Order. Adopted Yeas - 6 Nays - 0 Councilmember Long arrived at this Point in the meeting. 13. Resolution - 89-748 - Ratifying assessment for sidewalk reconstruction for Parts of Broadway, W. Fourth, S. Robert and E. Third Streets. No one appeared in'opposition . Councilmember GDswiti moved aooroval of the resolution. Roll call. Adopted Yeas - 7 Nays 0 Councilmember Long left atthis point and returned later in the meeting. 14. Resolution - 89-749 - Ratifying assessment and Confirming Condemnation to open, widen and extend East Shore. Drive by taking and condemning the southerlyy 616 ft. of Government Lot 1 lying in the southwest 1/4 of Section 22, Township 29 Range 22 and lying westerly of the Northern Pacific Railway right-of-way. `Public Works Committee recommends approval) No one appeared in opposition. Councilmember Goswiti moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 15. Resolution -89-750 - Ratifying assessment of sidewalk reconstruction for Parts of E. Fifth, W. Fifth and Grand. A letter of objection from American Linen Supply Company was noted. Brad Gunn representing American Linen appeared and referred to concerns and requested certain monies be refunded. Ed Starr said to resoond to comments made by Mr. Gunn he would Prefer a chronology to evaluate. Councilmember Scheibel stated we can adoot this resolution and refer the letter of American Linen to the City Attorney's Office for their review and response. No one else aooeared. Councilmember bimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 16. Resolution - 89-718 - Ratifying assessment for acquisition of permanent utility and temporary construction easements for the Flandrau/Case Area Storm Sewer oroject. (Public Works Committee recommends aooroval - Laid over from April 25th) No one aooeared in opposition. Councilmembers Dimond and Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 3 -242- .f� J (Discussion continued from previous page) Councilmember Rettman said Ms. Sheoard has attended Committee meetings on this issue and is on Jury Duty this week and that Ms. Shepard has not yet met with staff from Public Works and Councilmember Rettman reqquested this Order be laid over to May 11th for Ms. Sheoard to,.meet with City staff. Chris Nicosia appeared and statedihe has tried to contact Ms. Shepard and he is agreeable to the lay over. Laid over to May 11th. 12. Final Order .- 89-747 - Constructing sanitary sewer and sewer connections in Marion Street from Laroenteur to Idaho. (Public Works Committee recommends approval) . No one aooeared in opposition. Councilmembers Dimond and Rettman moved approval of the Order. Adopted Yeas - 6 Nays - 0 Councilmember Long arrived at this Point in the meeting. 13. Resolution - 89-748 - Ratifying assessment for sidewalk reconstruction for Parts of Broadway, W. Fourth, S. Robert and E. Third Streets. No one appeared in'opposition . Councilmember GDswiti moved aooroval of the resolution. Roll call. Adopted Yeas - 7 Nays 0 Councilmember Long left atthis point and returned later in the meeting. 14. Resolution - 89-749 - Ratifying assessment and Confirming Condemnation to open, widen and extend East Shore. Drive by taking and condemning the southerlyy 616 ft. of Government Lot 1 lying in the southwest 1/4 of Section 22, Township 29 Range 22 and lying westerly of the Northern Pacific Railway right-of-way. `Public Works Committee recommends approval) No one appeared in opposition. Councilmember Goswiti moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 15. Resolution -89-750 - Ratifying assessment of sidewalk reconstruction for Parts of E. Fifth, W. Fifth and Grand. A letter of objection from American Linen Supply Company was noted. Brad Gunn representing American Linen appeared and referred to concerns and requested certain monies be refunded. Ed Starr said to resoond to comments made by Mr. Gunn he would Prefer a chronology to evaluate. Councilmember Scheibel stated we can adoot this resolution and refer the letter of American Linen to the City Attorney's Office for their review and response. No one else aooeared. Councilmember bimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 16. Resolution - 89-718 - Ratifying assessment for acquisition of permanent utility and temporary construction easements for the Flandrau/Case Area Storm Sewer oroject. (Public Works Committee recommends aooroval - Laid over from April 25th) No one aooeared in opposition. Councilmembers Dimond and Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 3 -242- .f� Ma 2, 1989 17. Resolution - 89-751 - Approving application for State Class B Gambling License aoolied for by the Fort Snelling Lions Club at Alary's located at 249 W. 7th 5 ' Street. c No one aooeared in 0000sition. the Christine Rozak of Licensing Division said they recommend approval. x ?. Councilmembers Dimond and Rettman moved aooroval of the resolution. Adopted' Yeas - 6 Nays - 0 18. Resolution - 89-752 - Aooroving application for Class A Gambling Location License aoolied for by Baisi, Inc. dba Alary's Bar located at 249 W. 7th Street. No one aooeared 0000sition..:... .in Christine Rozak of the Iicensing Division said they recommend aooroval. Councilmembers Dimond and Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 y19. Resolution - 89-753 - Approving application for Gambling Manager's License aoolied for by Dean Lindquist dba the Fort Snelling Lions at Alary's located at x 249 W. 7th. , No one aooeared in 0000sition. s Christine Rozak of the Licensing Division said they recommend aooroval. Councilmembers Dimond and Rettman moved aooroval of the resolution. " Adopted Yeas - 6 Nays - 0 20. Resolution - 89-754 - Aooroving application for State Class B Gambling License aoolied for by the Catholic Charities of the Archdiocese of St. Paul/Minneapolis at Christensen's Bar located at 1567 University Avenue. No one aooeared in 0000sition. Christine Rozak of the Licensing Division said they recommend aooroval Councilmember Dimond moved aooroval of the resolution. i Adopted Yeas - 6 Nays - 0 21. Resolution - 89-755 - Aooroving aoolication for Class R Gambling Location License aoolied for by Victor and deanne Masanz dba Christensen's Bar located at 1567 University Avenue. No one aooeared in 0000sition. Christine Rozak of the Licensing Division said they recommend aooroval. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 22. Resolution - 89-756 - Aooroving aoolication for Gambling Manager's License aoolied for by Robert Miller dba Catholic Charities at Christensen s Bar located at 1567 University Avenue. No one aooeared in 0000sition. Christine Rozak of the Licensing Division said they recommend aooroval Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 23. Resolution - 89-757 - Aooroving the renewal of On Sale Liquor, Sunday On Sale Vr Liquor, Entertainment III And Restaurant licenses held by C.L. Hinze, Inc. dba Chuck's Bar located at 901. Payne Avenue. No one aooeared in 0000sition. 5 Christine Rozak of the Licensing Division said they recommend aooroval. Councilmember Goswitz aooroval of the G F w moved resolution. Adopted Yeas 6 Nays r - - 0 Councilmember Long returned to the meeting at this point. - 243 - May 2, 1989 24. Resolution - 89-758 - Aooroivng aoolication for Parking Lot License aoolied for by DAB Partnership and Allright Parking dba Allright Parking located at 468 N. Robert. No one aooeared in opposition. Christine Rozak of the License Division stated the Fire & Safety Services Division has requested a 60 day layover for installation of a sprinkler system. Councilmember Dimond moved this resolution be laid over 60 days to July 6th. Adopted Yeas - 7 Nays - 0 Laid over to July 6th. 25. Resolution - 89-759 - Approving aoolication for Parking Lot License applied for by Estes Development Co. dba Court International located at 2550 W. University. No one aooeared in 0000sition. Christine Rozak of the Licensing Division said they recommend aooroval. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Wilson moved that the rules be suspended to consider an item not on the agenda pertaining to a budget revision in City Council Legislation fund. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 Resolution - 89-785 - Amending the 1989 budget by adding $6,000 to the Financing & Spending Plans in City Council Legislative funds, authorizingg proper City officials to accept contributions from the St. Paul-Lawaaikamn Sister Communities Support Committee, Councilmember Wilson and Rev. Oliver White to the City and authorizing Councilmember Wilson and Rev. White to visit Lawaaikamo, South Africa. Councilmember Rettman stated although she has no problem with the spirit and intent of this resolution she would like it reviewed in the Finance Committee. Councilmember Wilson stated this was reviewed by the Budget Office but he was in agreement to laying it over to Thursday, May 4th. Laid over to May 4th. (See May 11th Minutes) Councilmember Wilson moved that the rules be suspended to consider an item not on the' agenda pertaining to the establishment of a Toxic Chemical Task Force with resolution to he referred to Committee for review and discussion. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 Resolution - 89-786 - Establishing the Toxic 'Chemical Task Force to hold oubli,c hearings and make recommendations to the Council regarding rules, regulations and possible banning of non-organic chemical fertilizers and pesticides and stating the representatives on said Task Force to make recommendations for changes in Legislation within 90 days. After some discussion there was agreement this resolution be referred to the Public Works Committee and Councilmember Dimond commended Councilmember Wilson on bringging this resolution before Council today. Referred to the Public Works Committee. The Council at this time recessed and reconvened at 9:40 A.M. 26. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Ward Property Management, Inc. dba Payne Reliever located on the southwest corner of Payne and York. (Laid over from April 20th) Tom Weyandt of the City Attorney's Office aooeared and reminded Council of the orocedures to be followed. Mr. Weyandt gave a brief review of the violations and referred to recommendation of the Administrative Law Judge and said there is adequate basis for the 8 day suspension. (Discussion continued on following page) - 244 - -'^ r � May 2, 1989 24. Resolution - 89-758 - Aooroivng aoolication for Parking Lot License aoolied for by DAB Partnership and Allright Parking dba Allright Parking located at 468 N. Robert. No one aooeared in opposition. Christine Rozak of the License Division stated the Fire & Safety Services Division has requested a 60 day layover for installation of a sprinkler system. Councilmember Dimond moved this resolution be laid over 60 days to July 6th. Adopted Yeas - 7 Nays - 0 Laid over to July 6th. 25. Resolution - 89-759 - Approving aoolication for Parking Lot License applied for by Estes Development Co. dba Court International located at 2550 W. University. No one aooeared in 0000sition. Christine Rozak of the Licensing Division said they recommend aooroval. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Wilson moved that the rules be suspended to consider an item not on the agenda pertaining to a budget revision in City Council Legislation fund. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 Resolution - 89-785 - Amending the 1989 budget by adding $6,000 to the Financing & Spending Plans in City Council Legislative funds, authorizingg proper City officials to accept contributions from the St. Paul-Lawaaikamn Sister Communities Support Committee, Councilmember Wilson and Rev. Oliver White to the City and authorizing Councilmember Wilson and Rev. White to visit Lawaaikamo, South Africa. Councilmember Rettman stated although she has no problem with the spirit and intent of this resolution she would like it reviewed in the Finance Committee. Councilmember Wilson stated this was reviewed by the Budget Office but he was in agreement to laying it over to Thursday, May 4th. Laid over to May 4th. (See May 11th Minutes) Councilmember Wilson moved that the rules be suspended to consider an item not on the' agenda pertaining to the establishment of a Toxic Chemical Task Force with resolution to he referred to Committee for review and discussion. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 Resolution - 89-786 - Establishing the Toxic 'Chemical Task Force to hold oubli,c hearings and make recommendations to the Council regarding rules, regulations and possible banning of non-organic chemical fertilizers and pesticides and stating the representatives on said Task Force to make recommendations for changes in Legislation within 90 days. After some discussion there was agreement this resolution be referred to the Public Works Committee and Councilmember Dimond commended Councilmember Wilson on bringging this resolution before Council today. Referred to the Public Works Committee. The Council at this time recessed and reconvened at 9:40 A.M. 26. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Ward Property Management, Inc. dba Payne Reliever located on the southwest corner of Payne and York. (Laid over from April 20th) Tom Weyandt of the City Attorney's Office aooeared and reminded Council of the orocedures to be followed. Mr. Weyandt gave a brief review of the violations and referred to recommendation of the Administrative Law Judge and said there is adequate basis for the 8 day suspension. (Discussion continued on following page) - 244 - t£ May 2, 1989 4'"i (Discussion continued from previous nage) Mark Vaught aooeared representing Ward Property Management and said he did file a; exceptions to the reoort of the ALJ and he explained why. He explained the tai rules and procedures of the establishment and he answered questions of a. \ Councilmembers. Upon request of Council, Ed Starr read a oortion of the ordinance which governs it further testimony today. procedures of the Council as relates to; hearing Dick Ward, owner of the Payne Reliever, aooeared and explained events leading up to the actions of his employees, stated he is working and is cooperative with a1 the Police and community, made reference to his flawless record in the oast 11 ti years and answered questions of Councilmembers. There was some discussion and Tom Weyandt stated tapes of the ALJ hearing are '. available for listening and Mr. Vaught suggested the tapes are part of the ' Patrick Fluery, President of the Liquor Association, aooeared and urged Council their decision today. not to consider the matter of the false I.D. in making Greg Oshay of the Payne/Arcade Business Association aooeared and said Dick Ward r has one of the better run establishments in that area and that he is q cooperative. Mick Senese of the District 5 Planning Council aooeared and said he sees this area as still being out of control and feels this has been a serious judgement problem. He said he supports a 5 day suspension as recommended by the ALJ. At this ooint in the meeting Mr. Weyandt and Mr. Vaught gave a summary to comments made. . s4 No one else aooeared. Councilmember Dimond moved that the public hearing be closed. t 7 ver g Adooted Yeas - 7 Nays- 0 Councilmember Dimond said this is a difficult decision because of the burden of proof regarding'the false I.D. but we still need to hold the establishment responsible and he recommended a letter of reprimand in the case of the false I.D.. Counciimember Long spoke in agreement to the letter of reprimand with a three day suspension for after hour display. Councilmember Sonnen sooke in agreement to a letter of reprimand and that the violation was not the fault of the owner with a three day suspension for display of beer. Councilmember Goswitz said the letter of reorimand is good but he favored a one day suspension for the display violation. Councilmember Wilson stated he feels it is the responsibility of the he " establishment to determine if there is a false I.D. presented or not and believes there is grounds to find violations on both counts. Councilmember Rettman spoke in su000rt of a total five day suspension. Councilmember Scheibel said the ALJ did a good job with his report and he ��. expressed concern with people walking out of the bar with liquor. He said 5 evidence shows beer was displayed and he goes with. the ALJ recommendation of a sday suspension. After considerable discussion Councilmember Sonnen moved aooroval of the report . y h of the Administrative Law Judge and she moved a letter of reorimand be placed in license be for a`x4 the file for the violation of a false I.D. and that the suspended hours. f ; three consecutive days for the violation of disolay of beer after vT"nNm Roll call on the motion. Adooted Yeas - 4 (Dimond/Goswitz/Long/Sonnen) k Nays - 3 (Wilson/Rettman/Scheibel) ..* i Councilmember Scheibel said he will support the resolution when it is before us. s t i - 245 - MINUTES OF THE COUNCIL - 9:00 A.M MAY 4, 1989 COUNCIL CHAMBERS - CITY HALL a COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 Councilmember Scheibel stated in the near future he will be distributing a resolution pertaining to the University of Minnesota Athletic Deoartment using the Civic Center facilities to be referred to a Committee for further discussion and review. - - Councilmember Scheibel distributed conies of and explained a letter and pertinent documentation he received from Americans Against Unfair Gas Taxes. There was a moment of silence after Councilmember Scheibel stated Steve Grochala Passed away during the night and he said Steve was a City Planner in PED. APPLICATIONS - COMMUNICATION 1. Claim of Mark Branton, 1203 Devonshire Curve, Bloomington, MN, filed April 24, 1989, was read. Referred to the City Attorney's Office. Claim of Color Tyme Rentals, filed Aoril 24, 1989, was read. Referred to the City Attorney's Office. Claim of Merrill Robinson, 787 N. Fairview, filed April 25, 1989, was read. Referred to the City Attorney's Office. Claim of Linda Schwartzbauer, 324 Oakhill Dr., Shoreview, MN, filed April 24, 1989, was read. Referred to the City Attorney's Office. 2. Summons and Complaint in the matter of Patricia and Charles Erickson vs the City of St. Paul et al. Referred to the City Attorney's Office. 3. Petition of Richard Timmers to vacate parts of Lots 1-10 and Lot B of Blks. 1 and 2, Mortons' Subd. of J.J. Warner's Acre Lots and oart of Cottage between Westminster and Arkwright to build a 16 unit apartment comolex. Councilmember Rettman stated the need for District 5 to be notified of this petition. Referred to the Valuation Engineer. 4. Letter of the Valuation Engineer's Office recommending a date of public hearing for June 13th to consider the petition by the Port Authority, Twin City Testing, and Michael Ryan to vacate Myrtle Street between Cromwell and Pelham Blvd. Councilmember Goswitz moved aooroval of the date of hearing. Adopted Yeas - 7 Nays - 0 5. Request of Gary Kastner for a waiver to the street improvement requirement for development of property on Skyway Drive south of Highwood. Referred to the Public Works Committee. 6. Administrative Orders D-10228 through D-10243 were noted as on file in the City Clerk's Office. Upon request of Councilmember Goswitz Administrative Order #10237 was referred to the Community &2H4uman Services Committee. - 248 - kt + fN May 4, 1989 - COMMITTEE REPORTS b� t 7. Resolution - 89-692 - Aooroving the City of St. Paul Guidelines and Procedures ` for City Council Offices in Compliance with the Minnesota Government Data r Practices Act. (Rules & Policy Committee recommends approval - Laid over from / " r1' April 20th)- Gerry Strathman appeared and explained the guidelines and procedures and he made specific reference to' the Policy Statements. r After some discussion Councilmember Sonnen moved aporoval of the resolution. Adopted Yeas - 7 Nays - 0 B. Resolution - 69-428 - Amending the 1985 CIB budget by transferring $341,725.71 from Curtice/Mt. Hobe/Andrew project to Residential Sidewalk Reconstruction. (Public Works Committee recommends denial - Laid over from April 27th) Tom Kuhfeld of the Public Works Division appeared and said there are questions xt' and issues that remain and he suggested this and the following related 'be ;{ resol uti on laid over and he referred to an Issue Paoer that can be developed that would list different options to be considered at budget time. Councilmember Scheibel said those suggestions are good for debate and he commended Mr. Kuhfeld and the Public Works staff for their hard work. Councilmember Rettman also thanked staff and said this does need a thorough discussion in Committee and this is good for beginning debate. Councilmember Wilson said he feels it is good to go through the process and the the of funding for the sidewalks and he hones to discussion comes down to source see it move swiftly with consideration for hazardous sidewalks in the City.. Councilmember Long said he is concerned, there is no agreement for a viable financing source but he is willing to go with a trial basis. Councilmember Dimond spoke of the need to look at this as an overall policy. After further discussion and agreement this and the following related resolution were withdrawn. Withdrawn. 9. Resolution - 89-429 - Amending C.F. 84-632 adopted May 17, 1984 and. approvingg St. Paul's Assessment Policy regarding. construction and reconstruction of sid (Public Works Committee recommends denial - Laid over from April )alks. (See discussion above) Withdrawn. NEW, BUSINESS - RESOLUTIONS 10. Resolution - 89-762 - Aooroving and ratifying Memorandum of Agreement between Local Union 2508, District Council 14, American Federation of State, County and Municipal Employees representing clerical employees. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Councilmember Long said this and the following item are implementing the Child Care agreement. Laid over to May 22th for Second Reading & Adoption. 11. Resolution - 89-763 - Aooroving and ratifying Memorandum of Agreement between Local Union 1842, District Council 14, American Federation of State, County and t( Municipal Employees reoresenting technical employees. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Councilmember Long said this is implementing the Child Care agreement. ;a Laid over to May 22th for Second Reading & Adoption. - 248 - May 4, 1989 12. Resolution - 89-764 - Aooroving and ratifying Memorandum of Agreement between the Professional Emoloyies Association. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 13. Resolution - 89-765 - Approving and ratifying 1988-1989 Agreement between ISD No. 625, St. 'Paul Public Schools and the St. Paul Supervisors Organization. (First Reading - FOR ACTION) Laid over to May 22th for Second Reading & Adoption. 14. Resolution - 89-766 - Aooroving and ratifyingg 1989 Agreement between ISD. No. 625,- St. Paul Public Schools and Local No. 284, School Service Employees, SEIU. (First Reading - FOR ACTION) Laid over to May 22th for Second Reading & Adoption. 15. Resolution - 89-767 - Amending Section 8.A.1 of the Civil Services Rules oertaining to filling vacancies. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 16. Resolution - 89-768 - Amending the budget by adding $8,360 to the Financing & Spending Plans for the Department of Community Services Division of Parks & Recreation to conduct, prorams at recreation centers as listed. (FOR REFERRAL TO THE COMMUNITY & HUMAN S9RVICES COMMITTEE) Councilmember Rettman explained recreation centers are in desperate`need for additional staffing to ensure the safety of the children and this resolution assures the maximum of the centers and safety and she moved approval of the resolution, - Roll:calI. - Adopted Yeas - 7 Nays - 0 17. Resolution - 89-769 - Amending the 1984, 1986 and 1987 CIB budget by transferring $58,534.93 from Johnson Parkway/East Shore Drive to East Shore Drive from Johnson Parkway to Laroenteur Avenue project. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 18. Resolution - 89-770 - Requesting the Mayor to direct the Department of Finance & Management to reduce by $28,000 the 1989 assessment against'orooerties which did not receive oromised street cleaning services in the Fall of 1988. -,(FOR- REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 19. Resolution - 89-771 - Amending the 1989 budget by adding $7,809.79 to the Financing & Spending Plans for the Perrie Jones Library Fund training seminars. (FOR ACT ON) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 20. Resolution - 89-772 - Amending 1989 CIB budget by transferring $150,000 funds for the paving of Pascal from Marshall to Concordia. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. - 249 - . s f aa'e�ak fA i E May 4, 1989 21. Resolution 89-773 Aooroving the Lilydale/Harriet Island Master Plan and F authorizing submission io the Metropolitan Council and authorizing proper City officials to. execute agreements as necessary to accept and implement the .` Metropolitan Council grants for said development. (FOR REFERRAL TO THE a ' n COMMUNITY & HUMAN SERVICES COMMITTEE) Councilmember Scheibel said this resolution sends the City's plan to the Met e Council and Councilmember Rettman requested the City Clerk to send conies of the plan to all Counciimembers. c; Referred to the Community & Human Services Committee. 22. Resolution - 89-774 - Stating intent to consider amendments to Chapter 61 of the Zoning Code to provide all setbacks for building or other structures constructed iadjacent to parkways or parks be the same as oresently mandated in residentially r zoned disuesting the Planning Commission to consider ,said tricts and req "• amendments and submit their recommendation and findings to the Mayyor and City REFERRAL THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Council. (FOR TO Referred to the Housing & Economic Development Committee. !M r 23. Resolution - 89-775 - Authorizing proper City officials to execute an agreement with the Juel Fairbanks Chemical Dependency Services for the purpose of staging Feast. (FOR ACTION) the. Annual Indian Traditional Ooen House and Referred to the Community & Rumin,Services Committee. t 24. Resolution - 89-776 -Aooroving and authorizing proper City officials to execute a maintenance agreement between Garden Court Apartments for improvements over a sewer easement. (FOR ACTION) Councilmember Rettman moved of the resolution. Adopted Yeas - 7 Nays - 0 25. Resolution - 89-777 - Authorizing proper City officials to execute an amended ' agreement with the Bureau of Criminal Aoorehensioo. (FOR ACTION) Councilmember Goswitz moved of the resolution. Adopted Yeas - 7 Nays - 0 26. Resolution - 89-778 - Authorizing oayment of $1,100 to W.W. Vose from the Tort Liability fund in full settlement of his claim. (FOR ACTION) Councilmember Goswitz moved of the resolution. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-779 - Reorimanding Steven D. Loiselle dba Rainbow Fantasy Tatto - Studio located at 520 Rice Street for violations of license. (FOR ACTION - �- Hearing held April 18th) Councilmember Wilson moved of the resolution. Adopted Yeas - 7 Nays,- 0 28. Preliminary Order,,- 89-780 - Condemning and taking easement in, land necessary fills including right of removal of lateral support from for slopes, cuts and land occasioned by excavations or construction of slopes in the ggrading and the and westerly alleys in Blk. 26 of Chas. } 5. Davin of east -west -north-south Weide'9s Subd. of Blks. 25-26 of Arlington Hills Addn. bounded by Edgerton, Sims, ' v ' Payne and York, and setting date of hearing for June 20th. Councilmember Long of the resolution. — - moved Adopted Yeas - 7 Nays - 0 s �a r � r S l h 250 - . s f k p!4 May 4, 1989 29. Preliminary Order - 89-781 - Imoroving alleys in Blk. 26, Chas. Weide's Subd. of Blks. 25-26 of Arlington Hills Addn. by grading and paving east -west alley from the westerly north -south alley to the easterly north -south alley grading and Daving the westerly north -south alley from Sims to the north line of Lot 24 in g1k. 26 and constructing sewer in alley for storm water purposes for the area bounded by Edgerton, Sims, Payne and York, and setting date' Of Dublic hearing for June 20th. Councilmember Long moved of the resolution. Adooted Yeas - 7 Nays - 0 ju. Resolution - 89-782 - Approving assessment for summary abatements property clean i up from mid-December to mid-April 1989, and setting date of public hearing for June 13th. fa Councilmember Long moved of the resolution. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-783 - Approving assessment for boarding of vacant buildings January and February 1989, and setting date of public ring for June 13th. e Councilmember Long moved of the resolution. Adopted Yeas - 7 Nays - 0 32. Resolution - 89-784 - Approving assessment for sidewalk reconstruction for Darts of Lafayette Rd., Minnesota St., Payne University and Avenues, and setting date of public hearing for June 13th. Councilmember Long moved of the resolution. Adopted Yeas- 7 Nays - 0 PUBLIC HEARINGS 33. Resolution - 89-785 - Approving application for Class Ill Entertainment License aoulied for by Hyde Park' Restaurant, Inc. dba Hyde Park Restaurant located at 165 N. western. No one aooeared in 0000sition. Councilm6mber Wilson moved of the resolution. Adopted Yeas - 7 Nays - 0 34. Resolution - 89-786 - Approving application for the renewal of State Class C Gambling License aooliid for by the Church of St. Peter C laver Worn -A -Bit Societyn!ocated at 408 Main Street. . or, N . aooeared in 0000sition. Councilmember Wilson moved of, the resolution. Adopted Yeas - 7 Nays - 0 35. Resolution - 89-787 - Approving the transfer of On Sale Liquor, Sunday On Sale Liquor, Restaurant, Entertainment and Hotel/Motel Licenses currently issued to Battle Creek Hotel dba Holiday Inn East located 2201 at Burns (H. Chris Carlstead, Pres.) to Larken, Inc.' dba Holiday Inn East (Lawrence Cahill) located at the sameaddress. et No one aooeared in 0000sition. Councilmember -Dimond 'moved of the resolution. Adopted Yeas - 7 Nays 0 "F4 36. Resolution - 89-788 - Approving the request by Linda Basta Vasquez dba The Italian Pie Sh000e & Winery located at 77 Grand N t- �,, M Avenue for a One Day Extension of Service Area to the front oarking lot up to the boulevard for June 4th between 11:00 A.M. and 5:30 P.M. in connection' with Grand Old Days. No one aooeared in 0000sition. Councilmember o cilmmber Dimond'moved of the resolution. Adooted Yeas - 7 Nays 0 7 251 `{ w � $3 i May 4, 1989 *, a{ 37. Resolution - 89-789 - Approving the request by Michael Andrews dba Dixies Bar & Smokehouse Grill located at 695 Grand Avenue for a One Day Extension of Service Area to the parking lot adjacent to the bar and restaurant for June 4th between 8:00 A.M. and 5:00 P.M. in connection with Grand Old Days. No one aooeared in opposition. Councilmember y t >"r + r+ r Dimond moved of the resolution. Adopted Yeas - 7 Nays. - 0 -3 y 38. Resolution - 89-790 - Aoprovin the renewal of Class III License applied for by Dan Burns, Amoco located at 1191 Randolph. (Laid over from April 20th) Councilmember Long moved this resolution be laid over four weeks to June 1st. Adooted Yeas - 7 Nays i # - 0 Laid over to June 1st. } ; 39. Resolution - 89-791 - Approving application for the renewal of various Off Sale Liquor, Licenses. No one aooeared in opposition. Rettman moved of the resolution. CouncilAdopted Yeas Yeas - 7 Nays - 0 t 40. Report. of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Michael Reaney dba Reaney's Bar located at 870 Payne Avenue. It was noted d reoresentative for Reaney'sBar is present. Phil Byrne aooeared and presented some background' information on this item and he said recommends the findings of the Administrative Law Judge and said he sees 'to no reason depart from the matrix nor does he see any mitigating circumstances. Mike Reaney appeared and spoke in opposition to the findings of the ALJ. He said the bartender cited was not immediately and he feels the 8 day suspension is unfair. Upon ,questions of Councilmembers, Mr. Reaney said he was not present at the time Of violation and the bartender is no longer employed by him because he was fired and he doesn't believe an under -aged person was served. t.., Upon question of Council, Phil Byrne stated two undercover police officers observed the under -aged Person being served without being carded and he does not know of orevious violations. Upon questionof Councilmember Long, Ed Starr said under the present ordinance Council can below or 'regards above the standard and if Council the new ?not upcoming new entions they can use that as a departure. No one else aooeared. Councilmember Long moved that the public hearing be closed. Roll call. Adopted Yeas - 7 Nays - 0 Councilmember Scheibel spoke in su000rt of going with the new matrix with a lesser penalty because the owner fired the bartender and there is no history at this establishment and he said he could go less than a five day suspension. x t Councilmember Scheibel left the meeting at this point. f v�Xj Councilmember Long )st moved to accent the findings of the ALJ with a suspension of five consecutive days. y t Councilmember Rettman said she would be willing to gowith a 3 or 4 day suspension because it is the first violation, the new matrix and because there <v tse was no table service and she feels the owner has shown a good response. Councilmember Goswitz spoke in support of comments made by Councilmember Rettman and for a 3 day susoension. (Discussion continued on following page) ' - 252 - i May 4, 1989 (Discussion continued from previous .page) Councilmember Sonnen said two violations occured and she is in favor of a 5 day suspension and Councilmember Wilson sooke in su000rt of a 5 day suspension. Councilmember Long moved approval of the findings by the ALJ and based upon amendments to the matrix he moved the licenses besuspendedfor 5 consecutive days. Adopted Yeas - 5 Nays - 1 (Goswitz) 41. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of.adverse hearing involving licenses held by Harold Rafferty dba Kuby's Place located at 1141 Rice Street. Phil Byrne appeared and noted Mr. Rafferty is present and he said the ALJ departed downward from 3 days suspension to 1 day and he said he has no facts to disagree with the ALJ and that he has filed no written exceptions. Harold; Rafferty appeared and said the bartender was acting on his own and he. said he has not fired the bartender because he is a good employee and he has been fined. No one else aoueared. Councilmember Dimond moved that the oublic hearing be closed. Adopted. Yeas - 6 Nays - 0 Councilmember Rettman out on the table for discussion reprimanding Mr. Rafferty as this is his first offense. Councilmember Long said the owner did, take all Precautionary measures but a - violation did occur and he is agreeable with a one day'susoension. Councilmember Dimond spoke in su000rt of a one day suspension. Councilmember Wilson referred ,to Previous action we took on Reaney's Bar and said he will not, a downward penalty. Councilmember Goswiti spoke in su000rt of a one day suspension. Councilmember Rettman moved that the license be susoended for one day. Adopted Yeas - 5 Nays - 1 (Wilson) Councilmember Wilson requested the rules be susoended to consider an'item not on the agenda 'pertaining to severance pay of Sgt. Markuson of the Police Deoartment. Councilmember Dimond so moved. Adopted- Yeas - 6 Nays - 0 Resolution - 89-816 - Approving severance pay for Sgt. Markuson Payable to his estate in the amount of $4,000 and upon approval shall not be considered a orecedent on other cases involving deceased employees. Referred to the Finance Committee. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ADJOURNED AT 11:50 A.M. council President ATTEST: Copies sent to Councilmembers to -/3 -ff yXMinutes approved by Council 6'aa- O omk - 253 - MINUTES OF THE COUNCIL 9:00 A.M MAY 9, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 5 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel Absent - 2 - Councilmembers Wilson and Sonnen (arrived at points duringthe meeting) APPROVAL OF MINUTES 1. Approval of minutes for City CounciI,meetings of April 4, 6, 11 and 13, 1989. Councilmember Dimond moved that the minutes be approved. Adopted Yeas - 5 Nays - 0 APPLICATIONS CONWNICATION 3. Claim of Anthony Bates (David Warg; attny.) filed April 27, 1989, was read. Referred to the City Attorney's Office. Claim of Susanne Briggs,1222 W. 7th, filed April 26, 1989, was read. Referred to the City Attorney's Office. Claim of Dave Hasskamo, Rt. 4, Box 31A, Aitkin, MN 56431, filed May 1, 1989, was read. Referred to the City Attorney's Office. Claim of John Huss (Keith Dunder, attny.) filed May 1, 1989, was read. Referred to the City Attorney's Office. Claim of Reed and Judith Denzer, 74 Forster, filed May 1, 1989, was read. Referred to the City Attorney's Office. Claim of State Farm Ins. Co., 1500 W. Highway 36, filed May 1, 1989, was read. Referred to the City Attorney's Office. Claim of Home Ins. Co., 7600 France Ave. S., Minneapolis, MN filed May 1, 1989, was read. Referred to the City Attorney's Office. Claim of Nancy Whitefield (Jerrold Sullivan, attny.) filed May 1, 1989, was read. Referred to the City Attorney's Office. 4. Summons and Complaint in the matter of Comprehensive Foreclosure Services Coro. vs the City' of St. Paul et al. Referred to the City Attorney's Office. 5. Summons and Complaint in the matter of Stone's Auto Mart, Inc. et al vs the City of St. Paul et al. Referred to the City Attorney's Office. 6. Letter of the State Department Revenue transmitting Application No. 339259 of Ronald Ylitalo for Norwest Bank North Dakota for reduction of assessed valuation for certain real estate in the City. A letter of the Valuation Engineer's Office was circulated explaining this request. Filed (CC #13129) - 254 - l i May 9, 1989 Councilmember Sonnen arrived at this point in the meeting. 7. Petition of residents alleging a nuisance to exist at 683 Hague Avenue. (See discussion below) 8. Petition of residents alleging a nuisance to exist at 698 Hague Avenue. After some discussion Councilmember Rettman moved that a oublic hearing date be set for June 22nd with notification to affected departments. Adopted Yeas - 6 Nays - 0 COMMITTEE REPORTS 9. Resolution - 89-591 - Amending Section 8.A of the Civil Services Rules oertaining to appointment of emoloyees when titles are merged. (Finance Committee recommends amroval - Second Reading & Adoption) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 10. Resolution - 89-486 - Approving and ratifying 1989-1991 agreement between the City of St. Paul and the City Attorney's Professional Association. (Finance Committee recommends aooroval - Second Reading & Adootion) Councilmember Long moved aooroval of the resolution: Adopted Yeas - 6 Nays - 0 Councilmember Wilson arrived at this point in the meeting. 11. Resolution - 89-92 - Amending the Tuition Reimbursement Policy in Section III, H in the Salary Plan and Rates of Compensation Resolution. (Finance Committee recommends item be withdrawn) After some discussion Councilmembers Long and'Scheibel withdrew the resolution. Withdrawn. 12. Resolution - 89-694 - Establishing fees for applications for modifications of Parking requirements oursuant to Sections 409.08(11)(e) and 410.04 (g)(5) of the Legislative Code. (Finance Committee recommends aooroval with amendment) Councilmember Long moved aooroval of the resolution with the amendment recommended by Committee. Adopted Yeas - 7 Nays - 0 Councilmember Wilson referred to visitors in the Council Chambers representing the South African Visitors Exchange of the Rotary Club and Steve Whitaker of the Midway Rotary explained the Exchange Program and introduced the visitors present. NEN BUSINESS - RESOLUTIONS 13. Resolution - 89-829 - Amending the 1989 budget by adding $50,500 to the Financing & Spending Plans for Community Services Division of Libraries for supply and storage closet in auditorium of St. Anthony Park Branch Library. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 14. Resolution - 89-830 - Amending the 1989 budget by transferring $38,574 to Community Services Parks & Recreation Administration and Finance and Management Services for renovation of third floor of City Hall Annex. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. - 255 - May 9, 1989 15. Resolution - 89-831 - Amending the 1989 budget by adding $19,215 to the Financing & Spending Plan for PED Data Processing Hardware fund to replace and add equipment. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 16. Resolution - 89-832 - Amending the 1989 budget by adding $16,448 to the Financing & Spending Plans for Police Special Investigations Narcotics Control Surveillance Program. (FOR REFERRAL TO THE FINANCE COMMITTEE Referred to the Finance Committee. 17. Resolution - 89-833 - Amending the 1989 budget by adding $11,200 to the Financing & Spending Plans for Police Special Investigations for the purchase of certain investigative equipment. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 18. Resolution - 89-792 - Amending the 1989 budget by adding $4,952 to the Financing & Spending Plans for Community Services Public Health Administration. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 19. Resolution - 89-793 - Amending the 1989 budget by adding $6,190 to the Financing & Spending Plans for Community Services Public Health Animal Pest Control 90 day oilot program. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 20. Resolution - 89-794 - Amending the 1989 budget by adding $10,523 to the Financing & Spending Plans for Community Services Public Health food inspections for community events and festival 'planning and inspections. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 21. Resolution - 89-795 - Creating the Citizens' Advisory Committee on City Council Roles and Functions for ourooses as listed, consisting of 15 members with staffing provided by the Director of Council Research and with said Committee reoort to be submitted no later than one year after its first meeting.. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 22. Resolution - 89-796 - Stating intent to •work with the State.Deoartment of Transportation reviewing rules and standards relating to width and parking lanes for MSA streets and pursuing. legislative changes during the next session if concerns are not met by MnOOT. (FOR ACTION) Councilmember Rettman requested referral- to the Public Works Committee and Councilmember Sonnen said this issue has already been discussed in Committee and legislation was sponsored and evolved to this process. Councilmember Long suggested that the resolution be adooted with the subject to be discussed further in Public Works Committee concerning clear direction. Councilmember Rettman said she would agree to adopt the resolution and suggested another resolution be developed in Committee giving clear direction to the staff. Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 23. Resolution - 89-797 - Authorizing orooer City officials to execute an agreement with Ramsey County for the sale of asphalt by the City to the County. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 256 - 257 - x \ May 9, 1989 24. Resolution - 89-798 - Authorizing Payment of $28,000 to owners of orooerty located at 1463 Burns Avenue for acquisition of orooerty to expand Burns Avenue Park. (FOR ACTION) Councilmember Dimond moved apYeapro of the resolution. Adopted N a '• sval - 7 Nays - 0 25. Resolution - 89-799 - Authorizing Proper City officials to deposit $11,660 with the Clerk of District Court for award granted to property owned by Fastgrow, Inc, described as the north 20 ft. of the south 32 ft. of vacated Indiana Avenue from the east right-of-way line of Wabasha Street to 10 ft. east of the center line of Starkey Street as it relates to the Starkey/Plato Sewer Project and authorizing proper City officials to commence construction imorovements n : of Proposed sewer in easement area. (FOR ACTION) Peter White of the Finance Department explained this item and recommended this and the following resolution be withdrawn and Councilmember Scheibe] withdrew the resolution. e Withdrawn. 26. Resolution - 89-800 - Authorizing Droner City officials to deposit $4,850 with the Of istrict Coufor Companyrk of California described asalisedait re ates oW Union Oil granted tytothe Starkey/Plato Storm Sewer Project and authorizing Droner City officials to commence construction of proposedsewer improvements in easement area. (FOR ACTION) Councilmember Scheibel withdrew the resolution. Withdrawn. 27. Resolution - 89-801 - Waiving and releasing utility easements in vacated land described as the west 33 ft, of vacated Fisk Street abutting and adjoining the north 92 ft of Lot. 5. Blk. 26, Como as vacated by C.F. 167249 adopted February 17, 1954. (FOR ACTION) Councilmember Reitman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 28. Resolution- 89-802 - Adopting the new Zoning and Environmental Review Fee Schedule. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 29. Resolution - 89-803 - Approving action of the Board of Appeals and Review taken February 14, 1989 and for ' oertainingg to orooerty, located at 658 Dayton, Historic Renovations/Rick Igo, appellant. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-804 - Approving action by the Board of Appeals and Review taken February 989 and for forRu Bunch, a 90 Lafonrooerties d, Gregoated ry Ry n,�apoellant;a 244 Aurora, Guang-John Jason'Nei, appellant; and 436 Shepard Rd., John Kerwin/Nicollet Restoration, appellant. (FOR ACTION) Councilmember Dimond moved approval of the resolution with the orooerty at 436 Shepard Road to be deleted and referred to Committee. the Housing & Economic Development Adopted Yeas - 7 Nays - 0 . 31. Resolution - 89-805 - Granting a variance with stipulations from the sound level restriction of the Noise Ordinance from April 16 through November 1, 1989 in connection with the Albemarle/Nebraska Combined Sewer Separation oroject. (FOR ACTION - Hearing held April 6th) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 257 - x \ A U yk F2 !f May 9, 1989 32. Resolution - 89-806 - Authorizing payment of $7,500 to Dellis Wingo from the pyx > Tort Liability Fund in full settlement of his claim. (FOR ACTION) Couaooroval of the resolution. ncilmember RetUnan moved Adopted Yeas - 7 Nays - 0 33. PreliminaryOrder - 89-807 - Condemning and taking oermanent utility and for property as described in conjunction with the t, constructioeasements Sylvan/Acker Area Storm Sewer Separation project, and setting date of oubhc hearing for June 13th. Councilmember Goswitz moved aooroval of the order. o Adopted Yeas - 7 Nays - 0 y 34. Resolution - 89-808 - Aoorovingg assessment for condemning and taking easements ?, as shown in conjunction with the reconstruction of the Maryland/Jessie r intersection oroject, and setting date of public hearing for June 13th. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 35. Resolution - 89-809 - Aoorovingg assessment for condemning and taking utility a 1 easement 'under and across Lot 28, Blk. 4, Rice Street Villain conjunction with the Albemarle/Nebraska Area Sewer project, and setting date of Public hearing for June 13th. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 36. Resolution , 69-810 -Aooroving assessment for sidewalk construction and/or reconstruction for parts of Cayugga, Barclay, Fairview, Hawthorne, E. Iowa, E. Ivy, James, Parkway Drive and Gal tier, and setting date of Public hearing for June 20th. x , Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 37. Resolution "= 89-811 - Ratifying assessment for condemning and taking a oerpetuai easement for public utility ourooses and temporary construction easements for property as stated in connection with the Starkey/Plato Storm Sewer Droject. It was noted that the Public Works Committee recommends aooroval with an amendment. A letter of Karl Norberg, attorney for Eric and Julia Mattson at 2102 Timothy Lane, in objection to the award was noted. No one aooeared in 0000sition. . Councilmember Goswitz moved approval with the amendment as recommended by CommittAdopted Yeas - 7 Nays - 0 38. Resolution - 89-812 - Ratifying assessment for sidewalk reconstruction for Darts �S of Carroll, Clear, DeSoto, Eustis, E. 5th,.E. 4th, Fremont, Marion and Ruth. 7x;� „ No one aooeared. DeSoto IV,r F ux }fed There was some discussion about a clarification of the assessment on that the Order be laid over r M Street and Eustis Street and it was agreed would until Thursday, May 11th to allow staff to check the concerns. 11th. Laid over to May 39. Resolution - 89-813 - Aooroving application for the renewal of various Off Sale 3! Liquor Licenses as listed. yt No one aooeared in 0000sition. s ,.; Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 i, - 258 - W. aesoIucior] - ov-pay ... Licenses as listed. No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution with the license for Dunn's Service Station on Point Douglas Road to be deleted and laid over for two weeks to May 23rd. Adooted Yeas - 7 Nays - 0 41. Resolution - 89-815 - Approving application for the renewal of On Sale Wine and su000rting Class III Licenses aoolied for by Daytons Bluff Lounge located at 804 E. 3rd Street. (Laid over from March 14th) No one appeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 42. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by C & B Foods, Inc. dba Eddington's Restaurant located at 345 Cedar. Phil Byrne of the City Attorney's Office appeared and explained the item and the hearing and recommendation of the ALJ and he said the licenseholder agreed with all the requests of�the ALJ and.he recommends approval of the finding and conclusion of the ALJ. Ron Zamansky, representing Eddington's, said construction Permits were obtained prior to the ALJ hearing and they are in total agreement with the recommendation and most of the oroblems area result of the success of the business. He urged that the susoension recommendation be deleted because the remodeling is almost complete and they will have_a grand opening next week and he referred to the loss of business after a news article and he showed 'a video on the history of this business. Councilmember Dimond moved that the public hearing be closed. Adooted Yeas - 7 Nays - 0 Councilmember Rettman said food was removed from the matrix ordinance and she referred to the latest insoection which still shows a problem and said she is comfortable with the findings of fact and recommendation. Councilmember Dimond moved that the Council accept, the findings of fact and recommendations of the. Administrative Law Judge and said he appreciates the efforts to,correcti the problem but he noted several inspections over a two year oeriod. Adooted Yeas - 7 Nays -'0 ADDITIONAL ITEM Resolution - 89-827 - Amending the 1989 budget by adding $6,000 to the Financing & Spending Plans in City Council Legislative funds, authorizing orooer City officials to accept contributions from the St. Paul -Lawaaikamo Sister Communities Supoort Committee, Councilmember Wilson and Rev. Oliver White to the City and, authorizing Councilmember Wilson and Rev. White to visit Lawaaikamo, South Africa. (Laid over from May 2nd) Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 At this time a visiting class from Parkway School was recognized and were welcomed to the City Council meeting. ORDINANCES 2. Final Adootion - 89-686 - An ordinance amending Section 24.03(c)(1)(e) of the Administrative Code Pertaining to code of ethics as it relates to the gift or receiot of tickets to events. (Discussion continued on following page) 259 (Discussion continued from orevious page) Councilmember Sonnen explained the ordinance and said she doesn't think Riverfest tickets are a major concern and;they could be given to agencies taking out Councilmembers as middemen. Councilmember Rettman said she is against the ordinance because Riverfest and other events give tickets which she distributes to people who are in need of help. Councilmember Dimond said he thinks it is a needless regulation. Councilmember Long said Councilmembers distributing tickets gives the aooearance of a conflict and he further explained why he supported the proposal. Councilmember Rettman referred' to many children who dont get to see or .go .to events. - Councilmember Wilson explained why he can't sumoort the ordinance and said he doesn't see the system as broke and needing to befixed and he will also Propose, an ordinance on public financing of city campaigns: Councilmember Sonnen said she doesn't think transferring of tickets to the needy is the -main oroblem. Councilmember Scheibel referred to the need to make Riverfest•and other similar events accessible to all people whether they can afford it or not and the issue of ethics°goes way beyond this ordinance and the ordinance;gives a false sense of`good ethics: Roll call' -on the ordinance. Yeas - 2 Sonnen/Long) - - Nays - 5 Dimond/Goswitz/Rettman/Wilson/Scheibel) Failed of adoption. Councilmember Rettman moved that the meeting be adjourned. Adopted '` Yeas - 7 Nays - 0 ADJ0URNE/D �A'T�10�:30A.M. ATTEST: 10, Council Presi ems- Copies sent to Councilmembers (YL "-ns 1( o Minutes aooroved by Council__ -ota-gel z pier O:omk MINUTES OF THE COUNCIL I . 9.00 A.M MAY 11, 1989 COUNCIL CHAMBERS - CITY ,HALL &COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel. at 9:00 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Wilson Absent - 1-.Councilmember Sonnen (arrived at a uoint,during the meeting) APPLICATIONS - COMMUNICATION 1. Claim of Edward Sheppard, 1365 W. Iowa, filed May 3, 1989, was read. Referred to the City Attorney's Office. Claim of Willis Stiefel, 26 W. 10th St. #1501, filed May 2, 1989, was read. Referred to the City,Attorney's-0ffice. 2. Letter of, the City Attorney's Office announcing a date of public hearing'; for June 7, 1989 before an Administrative Law Judge oertainiogg to possible adverse action against licenses held by Richard Fitzgerald dba Fitti's Bar located'at 828 E. 7th Street. Filed,CC #13131 ( ) 3. Letter of the City Attorney's Office announcing a date of public hearing for June 1, 1989 before an Administrative Law Judge pertaining to possible adverse action against licenses held by Richard Wybierala dba Poor Richard's Inc., located at 400 Whitall Street. For the record, Councilmember Rettman referred to some conversations held on this issue where she referred them to the City Attorney's Office due to the ex oarte contact. Filed (CC #13132) 4. Administrative Orders D-102.44 through D-10249 were noted as on file in the City Clerk's Office. COMMITTEE REPORTS 5. Resolution 89-361 - Authorizing proper City officials to lease to Naegele Outdoor Advertisin Inc., property located at 1060 W. 7th Street to disolay advertising sign. Public Works Committee recommends denial) Councilmember Dimond moved aooroval of the resolution. Councilmember Wilson explained the recommendation by Committee. Roll call on the resolution, Yeas - 0 Nays - 6 Resolution failed of adootion. 6. Resolution - 89-621 - Concurring with action taken by the Board of Water Commissioners and aooroving water main easement on orooerty owned by Andrew Realty Coro, known as Seegar Square. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 7. Resolution - 89-624 - Holding the State harmless for granting a variance to MSA width standards on a portion of Burlington Road between Soringside Drive and Totem Road. (Public Works Committee recommends aooroval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 261 - i J , May 11, 1989 8. Resolution - 89-626 - Authorizing proper City officials to Day Trans City . Investments the sum of $97,680 for the acquisition of ponding area in connection with the Stillwater/Nokomis Storm Sewer project. (Public Works Committee } recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 9. Resolution - 89-627 Authorizing proper City officials to deposit with the Clerk of District Court $35,120 for easement interest 'inland owned by Adwell, Inc., in conjunction with the Marshall/Hamlin Sewer Project. (Public Works Committee recommends item be withdrawn) Councilmembers Goswitz and Rettman moved the resolution be withdrawn. Adaoted Yeas'- 6 Nays - 0 Withdrawn. 10. Resolution - 89-693 - Authorizing Droner City officials to execute an agreement, with Ramsey County and the cities of Roseville and Falcon Heights for the cost, maintenance and ooeration of traffic signals on Larpenteur at Hamline, Fernwood, Dunlap and Lexington Parkway. (Public WorksCommittee recommends approval) Councilmember Goswitz moved approval of the resolution. Adopted' Yeas - 6 Nays - 0 NEN BUSINESS -RESOLUTIONS 11. Resolution - 89-762 - Approving 'and ratifying Memorandum of Agreement between Local Union 2508; District Council 14, American Federation of State, County and Municipal' EmDloyees representing clerical employees. (Second Reading & Adoption) Councilmember Long moved aooroval of the resolution. Adopted Yeas 6 Nays - 0 12. Resolution - 89-763 - Approving and ratifying Memorandum of Agreement between Local Union 1842, District;.Council 14, American Federation of State, County and Municipal Employees representing technical employees. (Second' Reading ;& Adoption) Councilmember Long moved aooroval of the resolution. Adopted Yeas'- 6 Nays'- 0 13. Resolution - 89-765 - Aooroving and' ratifying 1988-1989 Agreement between ISD No..625, St. Paul' Public Schools'add the St. Paul Supervisors Organisation.. (Second' Reading '& Adoption) " Councilmember Long moved aooroval of the resolution. Adopted I Yeas;- 6 Nays;- b 14. Resolution - 89-766 - Approving and ratifying 1989 Agreement between ISD' No. 625, St. Paul Public Schools and Local No. 284, School Service Employees, SEIU. (Second Reading & Adoption) Councilmember ong.moved auproval of the resolution. Adopted Yeas.,- 6 Nays,- 0 15. Resolution - 89-817 - Establishing the rate of pay for Master Electrician Board of Education in the Salary Plan and Rates of Compensation. (FOR ACTION - First Reading) Laid over.to May 18th for Second Reading & Adoption. 16. Resolution = 89-818 - Establishing the rate of Day for Master Pioefitter Board of Education in the Salary Plan and Rates of Compensation. (FOR ACTION - First Reading) Laid over to May 18th for Second Reading & Adoption. - 262 - t, K May 11, 1989 8. Resolution - 89-626 - Authorizing proper City officials to Day Trans City . Investments the sum of $97,680 for the acquisition of ponding area in connection with the Stillwater/Nokomis Storm Sewer project. (Public Works Committee } recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 9. Resolution - 89-627 Authorizing proper City officials to deposit with the Clerk of District Court $35,120 for easement interest 'inland owned by Adwell, Inc., in conjunction with the Marshall/Hamlin Sewer Project. (Public Works Committee recommends item be withdrawn) Councilmembers Goswitz and Rettman moved the resolution be withdrawn. Adaoted Yeas'- 6 Nays - 0 Withdrawn. 10. Resolution - 89-693 - Authorizing Droner City officials to execute an agreement, with Ramsey County and the cities of Roseville and Falcon Heights for the cost, maintenance and ooeration of traffic signals on Larpenteur at Hamline, Fernwood, Dunlap and Lexington Parkway. (Public WorksCommittee recommends approval) Councilmember Goswitz moved approval of the resolution. Adopted' Yeas - 6 Nays - 0 NEN BUSINESS -RESOLUTIONS 11. Resolution - 89-762 - Approving 'and ratifying Memorandum of Agreement between Local Union 2508; District Council 14, American Federation of State, County and Municipal' EmDloyees representing clerical employees. (Second Reading & Adoption) Councilmember Long moved aooroval of the resolution. Adopted Yeas 6 Nays - 0 12. Resolution - 89-763 - Approving and ratifying Memorandum of Agreement between Local Union 1842, District;.Council 14, American Federation of State, County and Municipal Employees representing technical employees. (Second' Reading ;& Adoption) Councilmember Long moved aooroval of the resolution. Adopted Yeas'- 6 Nays'- 0 13. Resolution - 89-765 - Aooroving and' ratifying 1988-1989 Agreement between ISD No..625, St. Paul' Public Schools'add the St. Paul Supervisors Organisation.. (Second' Reading '& Adoption) " Councilmember Long moved aooroval of the resolution. Adopted I Yeas;- 6 Nays;- b 14. Resolution - 89-766 - Approving and ratifying 1989 Agreement between ISD' No. 625, St. Paul Public Schools and Local No. 284, School Service Employees, SEIU. (Second Reading & Adoption) Councilmember ong.moved auproval of the resolution. Adopted Yeas.,- 6 Nays,- 0 15. Resolution - 89-817 - Establishing the rate of pay for Master Electrician Board of Education in the Salary Plan and Rates of Compensation. (FOR ACTION - First Reading) Laid over.to May 18th for Second Reading & Adoption. 16. Resolution = 89-818 - Establishing the rate of Day for Master Pioefitter Board of Education in the Salary Plan and Rates of Compensation. (FOR ACTION - First Reading) Laid over to May 18th for Second Reading & Adoption. - 262 - May 11, 1989 17. Resolution - 89-819 - Establishing the rate of Day for Master Sheet Metal Worker Board of Education in the Salary Plan and Rates of Compensation. (FOR ACTION - First Reading) Laid over to May 18th for Second Reading & Adoption. 18. Resolution - 89-820 - Amending the 1989 budget by adding $99,755 to the Financing & Spending Plans for City Attorney's office automation project. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 19. Resolution - 89-821 - Amending the 1989 budget by adding $545,248 to the Financing & Spending Plans for Public Works Traffic Signal Lighting' Maintenance fund. OR REFERRAL TO THE PUBLIC WORKS COMMITTEE)' Referred to the Public Works Committee. PUBLIC HEARINGS 20. Hearing to consider the appeal of Robert Walsh to a decision by the Planning Commission which denied modification of the sign ordinance permitting a sign to extend above the maximum limit for property located at 216 W. 7th Street on the southeast side between Chestnut and 'Kellogg. Councilmember Scheibel spoke in favor of the aooeal and said upon- review the District Council also is in su000rt of the aooeal. Councilmember Long moved that the anneal be granted. Councilmember Rettman referred to her concern approving the aooeal will set a precedence and upon her question Jane McPeak stated language could be added into the resolution pertaining to not setting a precedence. Councilmember Wilson spoke in su000rt of granting the aooeal although he stated his concern staff is not oresent to give their review'anA recommendation. Councilmember Dimond referred to many concerns but said with Councilmember Scheibel's support he can su000rt the aooeal. Nancy Post, 906 Westminster, aooeared and spoke in 0000sition to the appeal saying'she believes it will seta precedence and exceptions should not be made. After some discussion roll 'call 'was called to aopirove the appeal of Robert Walsh. Adopted Yeas - 6 Nays 0 21. Hearing to consider the aooeal of District 2 Community Council to a determination by the BZA that Boston Health Care Semi -Independent LivingA Services located at 1331-1355 E. Maryland is not a Community Residential Facility. Mary Bunnell of PED staff aooeared and presented his reoort and stated the reasons staff believes this establishment is not a community residential facility (CRF). Councilmenber Sonnen arrived at this Point in the meeting. There was some discussion and agreement that although all Councilmembers hadn't received an informational packet that Council would continue with the hearing today. Ray Sammons, Community Organizer of the District 2 Community Council, appeared and spoke in opposition to the decision by Zoning staff and stated reasons why he believes this establishment is a CRF. Paul Gilliland, Chair of the District 2 Community Council, aooeared and referred to referenced documentation submitted to staff but not' made Dart of the informational packet and also stated reasons why he feels this is a CRF. Mary Bunnell stated upon conferring with Wendy Lane he made the decision not to make the above documentation referred to Dart of the zoning packet information because certain sections of the law were quoted but not clearly documented for reference check. (Discussion continued on following page) - 263 - r i May 11, 1989 17. Resolution - 89-819 - Establishing the rate of Day for Master Sheet Metal Worker Board of Education in the Salary Plan and Rates of Compensation. (FOR ACTION - First Reading) Laid over to May 18th for Second Reading & Adoption. 18. Resolution - 89-820 - Amending the 1989 budget by adding $99,755 to the Financing & Spending Plans for City Attorney's office automation project. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 19. Resolution - 89-821 - Amending the 1989 budget by adding $545,248 to the Financing & Spending Plans for Public Works Traffic Signal Lighting' Maintenance fund. OR REFERRAL TO THE PUBLIC WORKS COMMITTEE)' Referred to the Public Works Committee. PUBLIC HEARINGS 20. Hearing to consider the appeal of Robert Walsh to a decision by the Planning Commission which denied modification of the sign ordinance permitting a sign to extend above the maximum limit for property located at 216 W. 7th Street on the southeast side between Chestnut and 'Kellogg. Councilmember Scheibel spoke in favor of the aooeal and said upon- review the District Council also is in su000rt of the aooeal. Councilmember Long moved that the anneal be granted. Councilmember Rettman referred to her concern approving the aooeal will set a precedence and upon her question Jane McPeak stated language could be added into the resolution pertaining to not setting a precedence. Councilmember Wilson spoke in su000rt of granting the aooeal although he stated his concern staff is not oresent to give their review'anA recommendation. Councilmember Dimond referred to many concerns but said with Councilmember Scheibel's support he can su000rt the aooeal. Nancy Post, 906 Westminster, aooeared and spoke in 0000sition to the appeal saying'she believes it will seta precedence and exceptions should not be made. After some discussion roll 'call 'was called to aopirove the appeal of Robert Walsh. Adopted Yeas - 6 Nays 0 21. Hearing to consider the aooeal of District 2 Community Council to a determination by the BZA that Boston Health Care Semi -Independent LivingA Services located at 1331-1355 E. Maryland is not a Community Residential Facility. Mary Bunnell of PED staff aooeared and presented his reoort and stated the reasons staff believes this establishment is not a community residential facility (CRF). Councilmenber Sonnen arrived at this Point in the meeting. There was some discussion and agreement that although all Councilmembers hadn't received an informational packet that Council would continue with the hearing today. Ray Sammons, Community Organizer of the District 2 Community Council, appeared and spoke in opposition to the decision by Zoning staff and stated reasons why he believes this establishment is a CRF. Paul Gilliland, Chair of the District 2 Community Council, aooeared and referred to referenced documentation submitted to staff but not' made Dart of the informational packet and also stated reasons why he feels this is a CRF. Mary Bunnell stated upon conferring with Wendy Lane he made the decision not to make the above documentation referred to Dart of the zoning packet information because certain sections of the law were quoted but not clearly documented for reference check. (Discussion continued on following page) - 263 - - 264 - i s — - Z I May 11, 1989 (Discussion continued from previous oage) Peter Beck, attorney for Boston Health Care, aooeared and presented opinion on why the establishment isnot a CRF and referred to inaccuracies to the appeal of District 2. He explained the Sills Program and what it entails and said their r� rules are very clear and presented reasons why they are in opposition to the appeal and he answered questions of Councilmembers. Jeffrey Boston aooeared and explained the financial' impact this will have on his clients and upon questions of Councilmember Dimond said they area far -profit organization and explained what business is or is not held in the office.' Jerry Segal appeared and said it has been determined the office is not an issue in determiningg whether this establishment is a CRF or not and that the BZA does not have the legal authority to make that determination. Councilmember Sonnen stated she believes it is the intent of the District Council to be able to count persons in this facility and to make certain another CRF does not develop within a certain distance. Councilmember Wilson said we need to recognize this is a State authorized t.-- program and he said it would be helpful if representatives from both the State and the County were present to answer questions. Councilmember"Dimond stated the issue is whether a community residential facility has been created contrary to the law. Councilmember Scheibel said he would like this discussion laid over for three weeks to June1st and agreed the issue is the definition and he requested PED staff to work with the City Attorney on definitions and laws currently in effect and he noted the public hearing will be kept open. Councilmembers Long and Dimond moved this item'be laid over to June 1st. Adopted Yeas - 7 Nays - 0 _,. 1 At this time Council recessed and reconvened at 10:50 A.M. Councilmember Wilson introduced and welcomed students oresent in the Council Chambers today from the sixth grade class of Webster Elementary. ADDITIONAL. ITEM Final Order - 89-746 - Constructing sanitary sewer and service connections - in Hall Lane from Delos Street to 350 ft. north of Delos Street. (Public"Woks Committee recommends aooroval - Laid over from May 2nd) Carlene Sheoard, 13 Hall Lane, appeared and said her septic tank is in good Working condition and she feel's the older' homeowners should not have to pay the assessment. There was much discussion and Chris Nicosia appeared and explained the Advanced ' Assessment Policy. Ms. Shepard, said that is acceptable to her at_a point when her se otic tank fails, and John Saumweber aooeared and explained costs involved:" There was further discussion and Councilmember Wilson said there are a number of lots in the City with septic tanks and this is a policy direction which needs considerable discussion, and ,there was agreement this item be referred back to the Public Works Committee. Referred to the Public Works Committee. 23. Final Order - 89-822 - Reconstructing sidewalk on the west 'side of Nina from Summit to Maiden Lane. (Public Works Committee laid over to May 31st) - Laid over to June 13th. 24. Final Order - 89-823 - Reconstructing sidewalks for parts of Summit 'Avenue. _ (Public Works Committee laid over to May 31st) Laid over to June 13th. i� Councilmember Wilson left the meeting at this point. - 264 - i s — - Z I 1=` t 4 _ , Vlv y � k May 11, 1989 w s 22. Nearing to consider the petition of Victor Vik to subdivide a tract of land into four residential lots for property located at California and Idaho. Chuck McGuire of PED aooeared and presented his staff reoort and said he recommends aooroval of the petition. few concerns oands Ch k andsident and referred uirre id h statedn developm Tt, ced if any development other than single family s, homes are requested to be built on this lot the request needs to go through the normal process which includes hearing before Council public the and he said right now he does not have a soecific work schedule. No one else aooeared. - Councilmember'Goswitz spoke in su000rt of the Petition and moved it be approved. Adooted Yeas -'6 Nays - 0 25. Resolution -'89-824 - Approving aoolication for renewal of Class C-Gamblin License by American Legion Post #449 dba Star and Shield, Inc. located at 40B Main Street. :. No aooeared ys;'< in p000sition. Councilmembers Rettman and Dimond moved aooroval of the resolution. gt� Adooted Yeas - 6 Nays - 0 26. Resolution - 89-825 - Approving aoolication for renewal of Class C Gambling vs: License aoolied'for by Juan Diego Club of Our Lady of Guadalupe Church located at 408 MainStreet. - - No one aooeared in opposition. Councilmember Rettman moved aooroval of the resolution. y Adooted Yeas - 6 Nays - 0 { 9 » 27. Resolution - 89-826 - Approving aoolication for On Sale Sunday Liquor and Class I Entertainment licenses aoolied for by EM -TY Coro, dba Midway Motor Lodge located at 1964 University. No one aooeared in opposition. Councilmember Sonnen moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 ADDITIONAL ITEM Resolution - 89-812 - Ratifying assessment for sidewalk reconstruction for Darts of.CarrolI, Clear, DeSoto, Eustis, E. 5th, E. 4th, Fremont, Marion and Ruth. _ (Laid over from May 9th) John Saumweber appeared and explained costs involved in this item and he referred to' the assessment on' Eustis and requested it be deleted as there was computer error. Councilmember'Goswitz moved aoorovalof the- resolution with Eustis deleted and laid over to June 1, 1989. Adooted Yeas - 6 Nays - 0 v _ Councilmember Scheibel requested reconsideration of 'a license previously acted upon pertaining to Kaopy's Liquors at 341 N. Wabasha and' said' restriction f� has been harmful to the business and it is under new management and has been cleaned uo considerably. rx� £ aiy s d Councilmember Rettman moved reconsideration. Adooted Yeas - 6 Nays - 0 Councilmember Rettman e moved aooroval of the renewal and deletion of previous stioulations Y olaced on the license. Roll call. Adooted Yeas - 6 Nays - 0 y (CC #13133) s u Councilmember Rettman noted for the record notification she received pertaining 1 a to the parking of airport limousines in the Rice Street area and said the Court has ruled this cannot continue. - 265 - _ z _, 266 - Y yA; a it . 9:00 A.M MAY 16, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA t The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson +:u ORDINANCES Y MINUTES OF THE COUNCIL . 9:00 A.M MAY 16, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA t The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 ORDINANCES 1. Final Adoption - 89-10 - An ordinance amending Chapter 91 of the Administrative Code pertaining to procedures for public hearings regarding public nuisances by establishing an average service level of police resoonses to private property at four in a twelve-month period and authorizing the City Attorney to commence legal action against the owner of private property for unjust enrichment when police resoonses exceed level. (Community & Human Services Committee recommends approval with amendment - Laid over from May 2nd) { Councilmember Wilson explained this ordinance previously had been referred to the Anti Drug Task Force and he said during their review it became apparent that a possible language amendment to the City Charter may be required. He said if that is the case Council will need to act on the City Charter amendment and he requested this ordinance be laid over until the amended language for the City Charter is in place. Laid over indefinitely. 2. First Reading - 89-834 - An ordinance amending Section 402.10 of the Legislative Code pertaining to charitable gambling. (Community & Human Services Committee recommends approval) Councilmember Rettman moved approval of the amendments stating they are minor corrections. Roll call. Adooted Yeas - 7 Nays - 0 Laid over to May 23rd for Second Reading. APPLICATIONS - COWNICATION 3. Claim of Jamie Grupe, 508 - 4th St., Hudson, WI, 54016 filed May 4, 1989, was read. Referred to the City Attorney's Office. Claim of National Fleet Sales, Inc., 7401 Metro Blvd., Suite 165, Edina, MN 55435 filed May 4, 1989, was read. Referred to the City Attorney's Office. Claim of The Travelers Companies, P.O. Box 26990, Milwaukee, WI filed May 4, 1989, was read. Referred to the City Attorney's Office. 4. Aooeal of Hugh and Joleen Keefer to a Summary Abatement Order for Property located at 297 E. Morton. Councilmember Dimond moved a date of oublic hearing for May 30th. Adooted Yeas - 7 Nays - 0 - 267 - 3 - 268 - 1 . ` May 16, 1989 m} 5. Aooeal of Lomas & Mettleton Co. to a Vehicle Abatement Order for orooerty located at 932 Iglehart. Councilmember Dimond moved a date of Dublic hearing for May 30th. Adopted Yeas - 7 Nays - 0 K 6. Reoort of the Parks & Recreation Division on the Pigs Eye Wood Recycling Center.. R Referred to the Public Works Committee. 7. Administrative Orders D-10250 through 0-10260 were. noted as on _file in th City. Clerk's Office. C"ITTEE REPORTS 8. Second.Reading - 88-1674 - An ondinance.,amendingg Chapter .409 of the Legislative. h<_ Code pertaining to regulating the saleofalcoholicbeverages and theconduct of. r �. licensed establishments.. (Community & Human .Services Committee recommends aooroval of substitute ordinance) Councilmember Rettman explained the substitute ordinance before Council and said. it ,is a language. modification of the matrix: Councilmember Wilson said in the. near future another ordinance will be before. Council -with some housekeeping amendments as well as alternatives to a fine. Councilmember Rettman moved aooroval,of the substitute ordinance. Roll call. r Adooted Yeas .- 7 Nays - 0 Laid over to May 18th for Third Reading. 9. Second Reading - 88-1721 - An ordinance amending. Chapter 409.26(b) of the Legislative Code pertaining to presumptive penalties. (Community & Human Services Committee recommends item be withdrawn) Councilmember Goswitz withdrew the ordinance. Withdrawn. 10. Resolution - 89-604 - Approving the .appointment by the Mayor of Kate Seng -to serve as a member of the St. Paul Overnight Shelter Board. (Community & Human Services Committee recommends aooroval) Councilmember Rettman moved aooroval of the resolution. Adooted, Yeas.- 7 Nays - 0 11. Resolution - 89-504 -Authorizing Parks & Recreation to undertake Pest Control Program on City oark properties and Dost notification of same. (Community & Human Services Committee recommends aooroval) Councilmember Rettman moved aooroval of the resolution. Uoon request of, Council member Sonnen, Councilmember Rettman exolained Committee ..'; discussion and action and she .said by this time next year St. Paul, could be a biodegradableCity. Councilmember Sonnen commended Councilmember Wilson for bringing this resolution before Council. She referred to'Desticides 'listed in the .resolution and requested that the section be: deleted referring to.gophers and moles. Lloyd Burkholder Parks 6 of and Recreation appeared and stated the poison for gophers and moles is limited .to the golf courses and is not used in the parks, s•'. r, and, Councilmember Sonnen said she is agreeable if it is limited .to the. golf. — v course greens only. Roll call. n Adopted Yeas - 7 Nays - 0 Y;• - 268 - _j May 16, 1989 12. Resolution - 89-501 - Requesting the Mayor to direct a 30 -day moratorium commencing April 24, 1989 on the sale, transfer. requisition or gift of any animal under the City's possession or control to any medical and/or oroduct- testing laboratory or their agents or representatives and requesting the Mayor to direct animal Dound officers and cable TV officers to implement and broadcast a weekly cable TV program showing all lost and abandoned animals currently at +y the pound with instructions on how to reclaim oats and for people interested in �E adopting an animal. (Community & Human Services recommends approval with amendments) Councilmember Sonnen said this is a good resolution and she hopes adoption of animals will increase and she urged Council su000rt. .. Councilmember Rettman referred to some concerns but said she will go with the S unanimous endorsement. s Councilmember Wilson stated he believes this is the right decision and direction I l to go and.: he commended ,Councilmember .Sonnen for bringging it before Council Councilmember Long in su000rt of the said it is the best I spoke resolution.and resolution for the time to get the State laws changed. Councilmember Dimond also spoke in su000rt of the resolution and said we need to r set guidelines. Councilmember Scheibel agreed to comments made by Councilmember Rettman and said this is not an easy .issue for Council to decide. Bernie Fritz, Supervisor, the Elder Council 6s Animal Control aooeared and said in the orocess of doing a complete survey on this issue and he requested delaying a vote today to see what becomes of their survey and he referred to the cost factors as well as discontinuace of basic services. Councilmember Long responded stating a budgetresolution will be forthcoming to ( be referred to the Finance Committee for review. Roll call, on acoroval!of the resolution. $ Adopted ' Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS 13. Resolution - 89-835 - Approving and ratifying agreement between the City and the Tri -Council Locals 120, 49 and 132. (FOR REFERRAL TO THE FINANCE COMMITTEE - First•Reading) Referred to the Finance Committee. 14. Resolution -89-836 - Approving the appointments by.the Mayor of Rudy Mohrlant and John Kill to serve on the Youth and Athletic Sports Fund Board. (FOR ACTION) Councilmember. Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 15. Resolution - 89-837 - Authorizing proper City officials to execute a grant agreement in the amount of $800,000 with the Minnesota Department of Trade and Economic Development to pay debt service on 1989 General Obligation Como - Conservatory bonds. (FOR ACTION) Councilmember Long moved approval of the resolution. u� Adopted Yeas 7 Nays - 0 16. Resolution - 89-838 - Authorizing orooer, City officials to execute an agreement with, the Ramsey County Sheriffs Office for Bomb.Squad services. (FOR ACTION) — Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 17. Resolution - 89-839 - Authorizing orooer City officials to enter into agreement with the State Deoartment of Transportation for payment of aooroximately $67,000 for sewer separation on T.H. 5 from Payne to Earl. (FOR ACTION) i Councilmembers Rettman and Goswitz moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 tj ;;a - 269 - L _ - May 16, 1989 18. Resolution - 89-840 - Authorizing proper City officials to execute an agreement with MWCC for joint engineering,easement acquisition, administration and construction costs for Albemarle -Nebraska Sewer Seoaration Project. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas -:7 Nays - 0 19. Resolution - 89-841 - Authorizing proper City officials to execute Supplement. No. 1 to an agreement with the State Deoartment of Transoortation:for computerized traffic control signal system project due to intersection revisions. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 . Nays 0 20. Resolution - 89-842 - Authorizing the St. Paul Police Deoartment to accept offer by Pointe of St. Paul for department parking -soots for marked squads during scheduled construction of I-94. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted: Yeas -.7 Nays - 0 21. Resolution - 89-843 - Reconstituting the Energy Park Development District as listed,andthe reqquestim theeMayor to Area) ubmitoa000intmentsconsist Positionsbec(FOR REFERRAL.TO THE HOUSING & ECONOMIC DEVELOPMENT, COMMITTEE) Referred to the Housing ,& Economic Development Committee. 22. Resolution -.89-844 - Accepting the Near East Side Neighborhood Improvement Strategy, requesting the slurter:list of oriority strategies be incorporated into the City's Administration's work program, requesting said Strategy be used as background information for updating the Comprehensive Plan and to evaluate orivate:.develooment or000sals to gguide cit' yy and neighborhood action and investments on the Near.East.Side. (FOR ACTION). Councilmember Dimond referred to several amendments. throughout the resolution as It relates to the intersection of Third and Maria and he was in agreement to the resolution being referred to Committee. Referred to the Housing & Economic Development Committee. 23. Resolution,- 89-845:.- Susoending licenses.held by.Cusick's Inc.. dba Reaney's Bar. located 870 Payne for a period of five consecutive days. (FOR ACTION - Hearing held May 4th) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 1 (Goswitz) 24. Resolution - 89-846 - Suspending licenses held by Rafferty Inc, dba Kuby's Place located at 1141 Rice for a period of one day. (FOR ACTION - Hearing held May 4th) Councilmember Rettman noted on this coming Thursday's agenda items pertaining to the same and she requested this resolution be laid over until that time as there is some miscommunication and confusion. Councilmember Sonnen spoke in opposition to laying this item over because findings have been made and Council has already acted on it, and Councilmember Rettman said she is not asking for the resolution to be. reheard but just. laid over. Laid over to Thursday, May 18th. 25. Resolution - 89-847 - Suspending licenses held by Two D Inc., dba North End Oeoot located at 1638 Rice for a oeriod of 15 consecutive days. (FOR ACTION - Hearing held April 27th) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 270 - r - n L _ - May 16, 1989 18. Resolution - 89-840 - Authorizing proper City officials to execute an agreement with MWCC for joint engineering,easement acquisition, administration and construction costs for Albemarle -Nebraska Sewer Seoaration Project. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas -:7 Nays - 0 19. Resolution - 89-841 - Authorizing proper City officials to execute Supplement. No. 1 to an agreement with the State Deoartment of Transoortation:for computerized traffic control signal system project due to intersection revisions. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 . Nays 0 20. Resolution - 89-842 - Authorizing the St. Paul Police Deoartment to accept offer by Pointe of St. Paul for department parking -soots for marked squads during scheduled construction of I-94. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted: Yeas -.7 Nays - 0 21. Resolution - 89-843 - Reconstituting the Energy Park Development District as listed,andthe reqquestim theeMayor to Area) ubmitoa000intmentsconsist Positionsbec(FOR REFERRAL.TO THE HOUSING & ECONOMIC DEVELOPMENT, COMMITTEE) Referred to the Housing ,& Economic Development Committee. 22. Resolution -.89-844 - Accepting the Near East Side Neighborhood Improvement Strategy, requesting the slurter:list of oriority strategies be incorporated into the City's Administration's work program, requesting said Strategy be used as background information for updating the Comprehensive Plan and to evaluate orivate:.develooment or000sals to gguide cit' yy and neighborhood action and investments on the Near.East.Side. (FOR ACTION). Councilmember Dimond referred to several amendments. throughout the resolution as It relates to the intersection of Third and Maria and he was in agreement to the resolution being referred to Committee. Referred to the Housing & Economic Development Committee. 23. Resolution,- 89-845:.- Susoending licenses.held by.Cusick's Inc.. dba Reaney's Bar. located 870 Payne for a period of five consecutive days. (FOR ACTION - Hearing held May 4th) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 1 (Goswitz) 24. Resolution - 89-846 - Suspending licenses held by Rafferty Inc, dba Kuby's Place located at 1141 Rice for a period of one day. (FOR ACTION - Hearing held May 4th) Councilmember Rettman noted on this coming Thursday's agenda items pertaining to the same and she requested this resolution be laid over until that time as there is some miscommunication and confusion. Councilmember Sonnen spoke in opposition to laying this item over because findings have been made and Council has already acted on it, and Councilmember Rettman said she is not asking for the resolution to be. reheard but just. laid over. Laid over to Thursday, May 18th. 25. Resolution - 89-847 - Suspending licenses held by Two D Inc., dba North End Oeoot located at 1638 Rice for a oeriod of 15 consecutive days. (FOR ACTION - Hearing held April 27th) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 270 - May 16, 1989 26. Resolution - 89-848 Suspending licenses.held by Richard Ward dba-Payne Reliever locatedat899 Payne Avenue for a period of three consecutive days. (FOR ACTION - Hearing held May 2nd) Mark Vaught, attorney reoresenting Mr. Ward, appeared and requested suspension of the licenses be the first available three days, and it was noted and agreed the dates for suspension would be May 28, 29 and 30. Councilmember Goswitz moved approval of the resolution with the dates of suspension as stated. Roll call. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-849 - Aooroving stayed .suspension of licenses held by C '&'B Foods, Inc. dba Eddington's Restaurant located at 385 Cedar Street. (Hearing held May 9th) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays 0 28. Preliminary Order - 89-850— Reconstructing concrete curb and .gutter for: parts of Leech from McBoal to Goodrich (109-111 Leech and 183 Goodrich), and setting date of public hearing for June 27th. Councilmember Rettman moved approval of the order. Adopted Yeas - 7 Nays - 0 29. Preliminary Order - 89-851 - Reconstructing curb and gutter and removing illegally installed asphalt boulevard and replacing with appropriate landscapin on the south side of Winter from Caoitol Boulevard to Caoitol Heights (610 CaoitolBoulevard),•and .setting .date of public hearing for June 27th. Councilmember Rettman moved approval .of the order. Adopted Yeas - 7 Nays _ 0 30. Preliminary Order >- 89-852 - Sidewalk construction and reconstruction for parts of Arundel, Marshall, Thomas, N. Victoria, W. Central, N. Avon, and St. Anthony; and setting date of public hearing for June 27th. Councilmen er.Rettman moved aooroval of the order. Adopted Yeas - 7 Nays - 0 31. Preliminary Order - 89-853 - Sidewalk construction and reconstruction for parts of.Front, W. Lawson. and- Westminster, and setting date of.public hearing for' June 27th: Councilmember Rettman moved aooroval of the order. Adooted Yeas - 7 Nays - 0 32. Preliminary Order - 89-854 - Sidewalk construction and reconstruction for both sides of E. Minnehaha from Cypress to Earl, and setting date of public hearing for .June 27th. Councilmember Rettman moved approval of the order. Adopted Yeas - 7 Nays - 0 33. Resolution - 89-855 - Aooroving Assessment by condemning and taking permanent utility easements for.f6e Sylvan/Acker. Combined Sewer Separation Project, and setting date of'oublic hearing for June 13th. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 271 - May 16, 1989 PUBLIC HEARINGS 34. Resolution - 89-856 - Ordering the repair or demolition of property located at 774 W. Central Avenue. No one appeared in opposition. Steve Roy appeared and gave his staff report, distributed photographs and said they have not been able to contact the owners and he said their recommendation is for either the repair or demolition. Councilmember Wilson stated he saw this property yesterday and it is dangerous and a blight on'the neighborhood and he moved approv Roll call. al of the resolution. Adopted Yeas - 7 Nays - 0 35. Final- Order - 89-857 = Taking permanent easement on land described as part southeasterly of Seventh Street of Lot 1, Blk. 12, Brunson's Addition to improve and maintain E. 7th Street bridge. (Public Works Committee recommends'aportival) No one appeared in opposition. - Councilmember Goswiti moved approval of the order. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-858 - Approving the request for a One Day Extension of Service Area by Lang Chu dba White Lily Restaurant located at 758 Grand to the outside front area of the restaurant on June 4, 1989, in conjunction with Grand Old Days. No one appeared in opposition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-725 - Approving application for Off Sale 3.2 Malt License applied for by Joe's Market & Deli, Inc. dba Joe's Market & Deli located at 1810 Randolph. (Laid over from April 25th] No one appeared in opposition. Councilmember Long said the District Council is in support of this resolution and he moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Rettman referred to articles regarding the City's emergency 911 system and she said she is requesting Council President Scheibel and the Mayor to review it for discussion in Committee. Councilmember Scheibel said the Mayor will be responding to this and he stated it is a policy decision. Councilmember Goswitz said despite news reoorts the 911 service is a good one. Councilmember Dimond said this is a policy issue and it should be looked at positively and carefully and if there is need for imorovement to act on it. Councilmember Sonnen said we have a good Fire Department and good paramedics in the City but until a reoort is in she is requesting to send an ambulance on all 911 calls. Councilmember Long urged citizens to continue calling 911 for emergency service and he said there are oolic issues to be looked at. Councilmember Wilson reaffirmed we do have a fine Daramedic service and he stated he feels it is best for the Mayor and the Fire Chief to discuss the issue and make recommendation to the Council. mrafiE J d May 16, 1989 PUBLIC HEARINGS 34. Resolution - 89-856 - Ordering the repair or demolition of property located at 774 W. Central Avenue. No one appeared in opposition. Steve Roy appeared and gave his staff report, distributed photographs and said they have not been able to contact the owners and he said their recommendation is for either the repair or demolition. Councilmember Wilson stated he saw this property yesterday and it is dangerous and a blight on'the neighborhood and he moved approv Roll call. al of the resolution. Adopted Yeas - 7 Nays - 0 35. Final- Order - 89-857 = Taking permanent easement on land described as part southeasterly of Seventh Street of Lot 1, Blk. 12, Brunson's Addition to improve and maintain E. 7th Street bridge. (Public Works Committee recommends'aportival) No one appeared in opposition. - Councilmember Goswiti moved approval of the order. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-858 - Approving the request for a One Day Extension of Service Area by Lang Chu dba White Lily Restaurant located at 758 Grand to the outside front area of the restaurant on June 4, 1989, in conjunction with Grand Old Days. No one appeared in opposition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-725 - Approving application for Off Sale 3.2 Malt License applied for by Joe's Market & Deli, Inc. dba Joe's Market & Deli located at 1810 Randolph. (Laid over from April 25th] No one appeared in opposition. Councilmember Long said the District Council is in support of this resolution and he moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Rettman referred to articles regarding the City's emergency 911 system and she said she is requesting Council President Scheibel and the Mayor to review it for discussion in Committee. Councilmember Scheibel said the Mayor will be responding to this and he stated it is a policy decision. Councilmember Goswitz said despite news reoorts the 911 service is a good one. Councilmember Dimond said this is a policy issue and it should be looked at positively and carefully and if there is need for imorovement to act on it. Councilmember Sonnen said we have a good Fire Department and good paramedics in the City but until a reoort is in she is requesting to send an ambulance on all 911 calls. Councilmember Long urged citizens to continue calling 911 for emergency service and he said there are oolic issues to be looked at. Councilmember Wilson reaffirmed we do have a fine Daramedic service and he stated he feels it is best for the Mayor and the Fire Chief to discuss the issue and make recommendation to the Council. mrafiE J May 16, 1989 PUBLIC HEARINGS 34. Resolution - 89-856 - Ordering the repair or demolition of property located at 774 W. Central Avenue. No one appeared in opposition. Steve Roy appeared and gave his staff report, distributed photographs and said they have not been able to contact the owners and he said their recommendation is for either the repair or demolition. Councilmember Wilson stated he saw this property yesterday and it is dangerous and a blight on'the neighborhood and he moved approv Roll call. al of the resolution. Adopted Yeas - 7 Nays - 0 35. Final- Order - 89-857 = Taking permanent easement on land described as part southeasterly of Seventh Street of Lot 1, Blk. 12, Brunson's Addition to improve and maintain E. 7th Street bridge. (Public Works Committee recommends'aportival) No one appeared in opposition. - Councilmember Goswiti moved approval of the order. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-858 - Approving the request for a One Day Extension of Service Area by Lang Chu dba White Lily Restaurant located at 758 Grand to the outside front area of the restaurant on June 4, 1989, in conjunction with Grand Old Days. No one appeared in opposition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-725 - Approving application for Off Sale 3.2 Malt License applied for by Joe's Market & Deli, Inc. dba Joe's Market & Deli located at 1810 Randolph. (Laid over from April 25th] No one appeared in opposition. Councilmember Long said the District Council is in support of this resolution and he moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Rettman referred to articles regarding the City's emergency 911 system and she said she is requesting Council President Scheibel and the Mayor to review it for discussion in Committee. Councilmember Scheibel said the Mayor will be responding to this and he stated it is a policy decision. Councilmember Goswitz said despite news reoorts the 911 service is a good one. Councilmember Dimond said this is a policy issue and it should be looked at positively and carefully and if there is need for imorovement to act on it. Councilmember Sonnen said we have a good Fire Department and good paramedics in the City but until a reoort is in she is requesting to send an ambulance on all 911 calls. Councilmember Long urged citizens to continue calling 911 for emergency service and he said there are oolic issues to be looked at. Councilmember Wilson reaffirmed we do have a fine Daramedic service and he stated he feels it is best for the Mayor and the Fire Chief to discuss the issue and make recommendation to the Council. mrafiE MAIM , MINUTES OF THE COUNCIL l 9:00 A.M MAY 18, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA .- tt<rn; bbb�u The meeting was called to order by President Scheibel at 9:00 A.M. t.rr Present - 6-.Councilmembers Dimond, Long, Rettman, Scheibel, Sonnen, Wilson - - l MINUTES OF THE COUNCIL 9:00 A.M MAY 18, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA z The meeting was called to order by President Scheibel at 9:00 A.M. a * s Present - 6-.Councilmembers Dimond, Long, Rettman, Scheibel, Sonnen, Wilson - - Absent - 1 - Councilmember Goswitz (arrivedat a point during the meeting) Mayor George Latimer appeared and responded to recent news reports on the emergency 911, service. He .said the report has alarmed many citizens and Chief Conroyhas scheduled a statement .for Friday, May 79th at 2:30 and he said there will be a total oresentation before Council. He stated the quality of our paramedics is not in question in the news report but rather the dispatching methods of the oaramedics into action. �i Councilmember Rettman agreed the response is not to the service of the paramedics and she referred to -a -resolution she drafted toreviewthe current it orocedures with an ambulance to be dispatched at every call, and the Mayor r,;... said he feels it is unwise to pass such an resolution today. - Councilmember Sonnen stated we need to take a strong stand as a Council today and she said if people believe they are in an emergency situation they need to call 911 and be assured help will be sent to them and she said it will be good to review the whole process. Mayor Latimer reiterated, that anyone .who. calls 911 will get a response. It was .agreed to set aside one hour May 23rd for discussion of the 911 Emergency Policy. - ORDINANCES ' 1. First Reading - 89-859 - An ordinance amending Section. 310 of the Legislative r` Code pertaining to license hearing procedures. (FOR ACTION) Laid over to May 25th for Second Reading. APPLICATIONS - COMMUNICATION 2. Appeals (2) of Laurel Ann March to Summary Abatement Orders for properties located at 230-232-234-236-238-240 N. Dale. Councilmember Wilson moved a date of public hearing for May 30th. Adopted Yeas - 6 Nays - 0 3. Letter of the Mayor transmitting the Planning Commission Fair and Festival Parking Study and recommending amendments to the..Legislative Code. There was some discussion and Councilmember Sonnen asked that an ordinance be drafted and a date of public hearing be scheduled for June 29th. CONNITTEE REPORTS N 4. Resolution - 89-498 - Amending the 1989 budget by adding $9,000 to the Financing & Soending Plans for PED to hire consultant to conduct intensive survey of the Lower Bluff. and Swede Hollow areas to determine eligibility for possible national regster and/or local heritage oreservation district designation. (Housing & EEconomic Development Committee recommends approval) Councilmember Wilson moved approval of the resolution. .x Adopted Yeas - 6 Nays - 0 v` sz 274 - - 275 - May 18, 1989 S �r 5. Resolution - 89-664 - Amending the CDBG Years XI and XII programs by transferring $288,000 from Year XII Rental Rehabilitation to YearXI Housing Jnr Develooment O000rtunity for the acquisition of orooerty for low income rental housingg. (Housing & Economic Develooment Committee recommends approval) Councilmember Wilsonmoved aoprovai of. the resolution. Councilmember Rettman clarified this is a Goodrich oroject and said it is very site soecific and asked to include. Goodrich/Garfield oroject as part of the wording of the resolution. Roll call on the: motion for aooroval. Adopted Yeas - 6 Nays - 0 6. Second Reading - 89-541 - An ordinance, amending the Legislative Code by adding a new chapter pertaining to replacement housing. .(Housing & Economic Development 5 : Committee recommends item be withdrawn) Councilmember Sonnen withdrew the ordinance. Withdrawn. 7. Resolution - 89-662 - Establishing the replacement housing policy statement. (Housing & Economic Develooment Committee recommendsitem be withdrawn) Councilmember Dimond.withdrew the,ordinance. Withdrawn:. y, B. Second Reading -.89-760- An ordinance enacting thereplacement. housing..policy ?. and providing procedures for its implementation. .(Housing.& Economi.c Development Committee recommends approval' with amendments) Council member Dimond stated since Committee met .last_ hehas become aware of some f clarifying amendments which he accepts as friendly, and after some discussion there was agreement the amendments would be further clarified at Third Reading. s . ;4. Laid over to May 23rd for Third Reading. NEW BUSINESS - RESOLUiIONS 9. Resolution - 89-817 - Establishing the rate of pay for Master Electrician Board 7" of Education in the Salary Plan & Rates of Compensation Resolution. (Second Reading & Adoption) Council members Rettman and Long moved aooroval of the resolution. Adopted,.. Yeas - 6 Nays - 0 10. Resolution - 89-818 - Establishing the rate of, pay for Master Pipefitter Board of Education in the Salary ,Plan & Rates of Compensation Resolution. (Second Reading & Adoption) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays -.0 11. Resolution - 89-819 - Establishing the rate of pay for Master Sheet Metal Worker Board of Education in the Salary Plan & Rates of Compensation Resolution. (Second Reading & Adoption) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 r lltti ¢ 12. Resolution - 89-860 -.Amending .the Salary Plan and Rates of Compensation regarding Unclassified Positions. (FOR REFERRAL TO THE FINANCE COMMITTEE, - First Reading) Referred to the Finance Committee... . t — 13. Resolution - 89-861 - Amending the 1989 budget by adding $20,000 to the 2 Financing & Spending Plans for Community Services Child Care Initiative. (FOR i v p ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 275 - i May 18, 1989 14. Resolution - 89-862 -Amending the 1989 budget by adding $196,888 to the oerformance improvement activities. } )- Financing & Spending Plans•for Public Works (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Committee. Referred to the Public Works J w �§ �a 3 15. Resoiution - 89-863 - Approving the apoo intment of Glenn J. Valenzuela as Director !of the St Paul Department of Human Rights effective June 12, 1989. (FOR ACTION)' i Councilmember Scheibel withdrew the resolution. Later in the meeting Jose' Trejo of the Soanish Speaking Affairs Council of Minnesota appeared and said this is a public issue and that he feels the process flawed he urged the a000intment orocess be started from the beginning. is and Councilmember Lang stated there will be a special meeting on this issue.Tuesdaye upon request of Mr. Trejo Councilmember Long stated he June 6th at 1:30, and would look into the oossibility of an evening meeting. and read a statement in opposition j Ray Webble of the Chicano Movement apoeared to actions taken by the City and to leaders of the community and he requested a and said racism is not complete investigation be made to the appointment orocess acceptable. A citizen of the Chicano Community of Minneapolis appeared and said he believes the tie stooped pending a full this is a racist issue and urged process investigation. a date fora Mary Jane-Rachner aooeared and commended the Council for setting hearing and she made other comments on various subjects. The resolution was withdrawn. 'n Withdrawn. i 16. Resolution - 89-864 -Authorizing or Doer City officials to convey a Quit Claim for temporarysnow fences over Deed releasing all interest in an easement oroperty located in land bounded by Johnson Parkway, Conway, Wilson and Etna. 4 y7 (FOR ACTION)- Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 17. Resolution - 89-865 - Adopting financial policies of the St. Paul Capital its transmittal"as Allocation Polk : .1990-1994 and.directing finance omm ee.su mi s ouncil without recommendation) . Councilmember Long, moved aooroval of the amended attachments to the resolution and requested the resolution then be laid over. ' Roll call on the amendments.Yeas - 6 Nays - 0 Adooted Laid over to Thursday, May 23rd. 18. Resolution - 89-866 - Approving Port Authority Revenue Bonds in the amount of and warehouse space in Riverview • $1,360,000 to finance construction of office Industrial Park for lease to Michael Christopherson with sublease to General & Economic Development Committee e a a wi Pumo/U.S. Inc., and Noramco. (Housing recommends aooroval) ` Councilmember Wilson moved aooroval of the -resolution.- Yeas - 6 Nays ' 0 In — " Adopted 19. Resolution - 89-867 -Requesting the HRA and Port Authority to consider and to St. Paul's. (Housing.& Economic r n# adoot reolacement housing policies similar Develoument Committee recommends aooroval) to the use of HUD money and she _ tF Sharon Anderson appeared and sooke in objection demanded a current EIS statement he made available. Laid over to May 30th: y 276 - - 277 - f u May 18, 1989 f ' 20. Resolution - 89-868 - Authorizing amendments to conditions of C.F. 88-1399 which ° vacated the alley in Blk. 14, Denslow's Rearrangement, and Blk. 6, Lorena Park bounded by Reaney, Etna, Minnehaha and Birmingham. '(FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 } 21. Preliminary_ Order -89469— - Sidewalk construction and/or reconstruction for k parts of Montreal and Villard, and setting date of public hearing for June 27, 3 1989. fi Councilmember Rettman moved aooroval of the order. r,<..`. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS: 22. Third Reading - 88-1674 - An ordinance amending Chapter 409 of the Legislative Code pertaining.to regulating the sale of alcoholic•:beverages, and the conduct of, licensed. establishments. (Community & Human Services Committee recommends. approvaTof a substitute ordinance).. - - - :• girl,. Councilmember Rettman said there has been much debate on this issue and that it was amended last week. Councilmember. Sonnen said in Committee there was discussion regarding persons under the age of 21 being present in licensed establishments and.that persons, l from the Liquor Establishment..who were present referred to problems with bowling alleys and other types of establishments.. She.said.she requested the City Attorney's to review those concerns and that Phil Byrne has suggested amendments. to the language. Jim Witka apoeared reoresenting Ramsey County's MADD Program and referred to concerns of mixed signals being sent. He said they are happy with the r enforcement but it is the wrong time to send. mixed messages that violating sentences will. be reduced. Pat Fleury of the Liquor Association appeared and suggested to the MADD representative to get involved at the Legislature for persons with false ID's' and he stated he would be more than happy to work with them. He said he has not seen the response from the City Attorney and referred to his concerns with enforcement in certain establishments. Councilmember Dimond said the Council only has authority over, ;the sellers and that the Council will work with all involved to address the issue, of enforcement. _. Upon question of Councilmember Rettman Jane McPeak explained provisions do Pertaining to VFW halls and similar establishments and said they not fall under the provisions of this particular ordinance. _ Councilmember Sonnen referred to her concern that licensehoiders.will, change to or clubs and she stated she feels the laws should also apply to private clubs. li No one else appeared. .- Councilmember, Long moved that the -public hearing be closed. , Adopted Yeas - 6 Nays -.0 Councilmember Scheibel said work done so far has been good although he is not ^�- convinced it is at the smoothest:point. There was some discussion and Councilmember Sonnen moved approval of the ' amendments as drafted by the City Attorney's Office. Adopted Yeas - 6 Nays - 0 si Laid over to.May.25th f& F.inal.Adoption. u n At this point Council recessed and reconvened at 10:20 A.M. Councilmember Sonnen left the meeting at this point and returned later. - 277 - I J May 18, 1989 23. Hearing 'to consider the petition of Giulio Casci for a lot split for orooerty located at 1208 Beech. Chuck McGuire aooeared and oresented his staff report. No one aooeared in 0000sition. Councilmembers tong and Rettman moved approval of the petition. Adooted Yeas - 5 Nays - 0 24. Resolution - 89-870 - Aooroving application for the renewal of various Class III Licenses as listed. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted ,Yeas - 5 Nays - 0 25. Resolution - 89-B71 - Approving application for the renewal of various Class III Licenses as listed. No one aooeared in 0000sition. Councilmembers Rettman and Long moved aooroval of the resolution. Adopted. Yeas - 5 Nays 0 26. Resolution - 89-872 - Approving application for the renewal of State Class A Gambling License applied for by the Church of St. Bernard located at 197 W. Geranium. N No one aooeared in opposition. Councilmember Rettman moved approval of the resolution. Adooted Yeas - 5 Nays - 0 27. Resolution - 89-873-- Approving application for the renewal of State Class -A Gambling License applied for by St. Casimir's Charitable Activities located at 13241. Rose. No one aooeared in 0000sition. Councilmembers Rettman and Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Sonnen returned to the meeting at this Point and Councilmember Goswitz arrived at this Point in the meeting. 28. Resolution, - 89-874 - Aooroving application for State Class B Gambling License aooiied for by GIVE, Inc. dba Custom Contracts .at Narducci's Lounge located at A45 Hudson Rd. No one aooeared in 0000sition. Councilmember Dimond moved aooroval -of the resolution. Adooted Yeas - 7 Nays - 0 29. Resolution - 89-875 - Aooroving aoolication for of -State -Class A Gambling Location Licenseapplied for .by DAN, Inc. dba Narducci's Lounge located at,1045 Hudson Rd. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7- Nays - 0 30. Resolution -'B9-876 - Aooroving application for Gambling Manager's License applied for by Michael J. Sarafolean dba GIVE, Inc. at Narducci's Lounge located at 1045 Hudson Rd. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0_ - 278 - miit� ,rc May 18, 1989 31. Resolution - 89-617 - Approving/denying, application for State Class B Gambling License applied for by Uooer Midwest Amateur Boxing Alumni Association at Pat's Pub & Grill located at 719_N., Dale. No one appeared in opposition. Councilmember Rettman moved approval of this and the following two related resolutions. Adooted Yeas - 7 Nays - 0 Later in the,meetingJ Councilmember Goswitz stated the applications have been withdrawn by the dppl icant. Withdrawn. 32. Resolution - 89-878 - Aoorov,ing/denying application for Class B Gambling Location License applied for by Pat -Con, Inc. dba Pat's Pub & Grill located at 719 N. Dale. (See discussion above) Withdrawn. 33. Resolution - 89-879 -:Aooroving/denying aoolication for Gambling Manager's License applied for by Walter S. Robot dba Uooer Midwest Amateur Boxing Alumni Association :at Pat's Pub located at 719, N. Dale. (See discussion above)„ Withdrawn. 34. Resolution - 89-880 - Aooroving apoiication for State Class B Gambling License applied for by Children's Heart, Fund at Steve's Bar, located at 258 W. 7th. No one appeared in opposition: Upon request of; Council member Sonnen, Councilmember Scheibel explained.;how the Children's Heart,Fund is run. After some discussion Councilmember Sonnen moved aooroval of this and the following two related resolutions. Adopted _ . . Yeas 7 Nays:- 0 35. Resolution - 89-881 -Aooroving application for Class A Gambling Location License,aoolied for by.,Mipnecal, Inc. dba Steve's Bar located at 258 W. 7th. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-882 -,Aooroving aoolication,fdr,Gambling Manager's License applied for by dames bittmer dba The Children's Heart Fund at Steve's,Bar located at 258 W. 7th Street. Councilmember Sonnen movedaooroval of the resolution. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-883,-:Aporov,ing. aoolication for the renewal of State Class B Gambling License applied for by George, L. Kramlinger dba Sylvan Booster CIO,at Kuby's located at 1141 Rice. Councilmember Rettman referred to the additional item on today's agenda and stated items 37 and 38 are not involved with that violation and she recommended aooroval of this and the following related items and she said -if they are approved today the aoolicant can go to the State Gambling Charitable Board and olead.their case with them statin' they are not involved with he violations. Upon, request of Councilmember Wilson, Chris Rozack,explained the State's policy on violation issues. Councilmember Dimond said if we adoot these resolutions today he feels we would be sending the wrong message to the State Gambling,Board. Councilmember Sonnen agreed and, said she will not, support the resolutions. Councilmember Reitman explained the State makes their determination and she would rather withdraw the resolutions than seeing them go down in defeat and she said to deny the resolutions gives the illusion they were involved and they weren't. (Discussion continued on following page) - 279 - im May 18, 1989 31. Resolution - 89-617 - Approving/denying, application for State Class B Gambling License applied for by Uooer Midwest Amateur Boxing Alumni Association at Pat's Pub & Grill located at 719_N., Dale. No one appeared in opposition. Councilmember Rettman moved approval of this and the following two related resolutions. Adooted Yeas - 7 Nays - 0 Later in the,meetingJ Councilmember Goswitz stated the applications have been withdrawn by the dppl icant. Withdrawn. 32. Resolution - 89-878 - Aoorov,ing/denying application for Class B Gambling Location License applied for by Pat -Con, Inc. dba Pat's Pub & Grill located at 719 N. Dale. (See discussion above) Withdrawn. 33. Resolution - 89-879 -:Aooroving/denying aoolication for Gambling Manager's License applied for by Walter S. Robot dba Uooer Midwest Amateur Boxing Alumni Association :at Pat's Pub located at 719, N. Dale. (See discussion above)„ Withdrawn. 34. Resolution - 89-880 - Aooroving apoiication for State Class B Gambling License applied for by Children's Heart, Fund at Steve's Bar, located at 258 W. 7th. No one appeared in opposition: Upon request of; Council member Sonnen, Councilmember Scheibel explained.;how the Children's Heart,Fund is run. After some discussion Councilmember Sonnen moved aooroval of this and the following two related resolutions. Adopted _ . . Yeas 7 Nays:- 0 35. Resolution - 89-881 -Aooroving application for Class A Gambling Location License,aoolied for by.,Mipnecal, Inc. dba Steve's Bar located at 258 W. 7th. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-882 -,Aooroving aoolication,fdr,Gambling Manager's License applied for by dames bittmer dba The Children's Heart Fund at Steve's,Bar located at 258 W. 7th Street. Councilmember Sonnen movedaooroval of the resolution. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-883,-:Aporov,ing. aoolication for the renewal of State Class B Gambling License applied for by George, L. Kramlinger dba Sylvan Booster CIO,at Kuby's located at 1141 Rice. Councilmember Rettman referred to the additional item on today's agenda and stated items 37 and 38 are not involved with that violation and she recommended aooroval of this and the following related items and she said -if they are approved today the aoolicant can go to the State Gambling Charitable Board and olead.their case with them statin' they are not involved with he violations. Upon, request of Councilmember Wilson, Chris Rozack,explained the State's policy on violation issues. Councilmember Dimond said if we adoot these resolutions today he feels we would be sending the wrong message to the State Gambling,Board. Councilmember Sonnen agreed and, said she will not, support the resolutions. Councilmember Reitman explained the State makes their determination and she would rather withdraw the resolutions than seeing them go down in defeat and she said to deny the resolutions gives the illusion they were involved and they weren't. (Discussion continued on following page) - 279 - im N 4 - 280 - r I 7_71 May 18, 1989 ' (Discussion continued from previous page) Joe Sharkey of the Sylvan Booster Club appeared and said the playground is in a Door section of the neighborhood and if 'these licenses are taken away it will. cut back on activities planned for the children whom they are trying to get off the streets and he requested the opportunity to Plead their case before the State Charitable Gambling Board. -, s+ Councilmember Dimond said Sylvan is a fine organization but the actions of the facility is what is hurting them and we need to uohold the State. Roll call for approval of items No. 37 and No. 38. Adopted Yeas - 5 Nays - 2 (Sonnen/Dimond) 38. Resolution - 89-884 - Approving application for the renewal of Gambling Manager's License aoolied for by George Kramlinger dba Sylvan Booster Club at Kuby's located at 1141 Rice. ((See discussion above) Adooted Yeas - 5 Nays - 2 (Sonnen/Dimond) s R u ADDITIONAL ITEM Resolution - 89-846 - Suspending licenses held by Rafferty, Inc. dba Kuby's Place located at 1141 Rice for a period of one day. (FOR ACTION - Hearing held May 4th - Laid over from May 16th) Roll call Adopted Yeas - 7 Nays - 0 39. Resolution - 89-885 - Approving application for the renewal of Class B Gambling License applied for by .fast Twins Babe Ruth League, Inc. at Louie's Bar located at883 Payne. No one aooeared in 0000siition. Councilmember Goswitz moved aooroval'of-the resolution. Adopted Yeas - 7 -Nays - 0 t 40. Resolution - 89-886 - Approving with stipulations application for the renewal of Gambling Manager's License applied -for by James Faser dba.East•Twins Babe Ruth at Louie's Bar located at 883 Payne. No one aooeared in 0000siition. Councilmember Goswiti moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 41. Resolution - 89-887 - Approving application for Gambling Manager's License applied for by Donna Sperr dba Harding Area Hockey Association at Minnehaha Z._". Tavern located at 735 White Bear Avenue. ' No one aooeared in 0000siition. - Councilmember Goswiti moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 42. Resolution - 89-868 - Aooroving/denying application for state Class 6 Gambling License aoolied for by the Minnesota AIDS Project at The Town House located at 1415 University: Councilmember Sonnen said there is a request by the Fire Department to lay this and the following two related -items over because of electrical wiring problems. Councilmember Scheibel said we can close the public hearings on these related items and approve next week if the wiring problems are resolved. — ; z., Laid over to May 25th. - 43. Resolution - 89-889 - Approving/denying application for Class A Gambling Location License applied for by Hollis Monnett and Martha Bergman dba The Town House located at 1415 University. (See discussion above) a' Laid over to May 25th. N 4 - 280 - r I 7_71 1 t4 May 18, 1989 44. Resolution - 89-890 - Approving/denying aoolication for Gambling Manager's License aoolied for by Stephen Rocheford dba The Town House located at 1415 University. (See discussion above) Laid over to May 25th. Councilmember Rettman left the meeting at this point and returned later. 45. Resolution - 89-891 - Approving application for Massage Therapist License applied for by Nicholas Medwid dba Sr. Rosalind Professional Massage Center located at 734 Grand. No-one aooeared in ooposiition. Roll,call: Adopted Yeas - 6 Nays - 0 t 46. Resolution.- 89-892 - Approving application for the; renewal of various On Sale w Liquor and Supporting Class III Licenses as listed. No one appeared in ooposiition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 6 Nays - 0 47. Resolution - 89-893 - A pproving the transfer of On Sale Liquor and Sunday On ;. Sale Liquor Licenses currently issued to Prom Catering Co. Inc., dba Prom Catering Co. (Harry Given, Pres.; Thomas Given,,V.Pres.; and William Given, Sec./Treas.) located at 190 N. Smith to The Prom Management Group, Inc. dba The Prom, Management Group (Thomas Given, :Pres.;;William :Given, V. Pres./Sec./Tress.; Mary,,.Lee ,Given .,and Mary Jane Given, . addl. stockholders) located at the same address. No one appeared in opposition. Councilmember Dimond moved approval of the resolution., Adopted Yeas - 6 Nays - 0 48. Resolution 89-894 .Ratifying assessment of Summary Abatements for snow removal and/or sanding sidewalks,during the_ winter.of 1988 and 1981 Greg Peterson of 384 E. Lawson was present. John Betz of the Health Division appeared and presented his staff report. Mr. Peterson explained the tax and problems.with •.getting his name on the tax records. Councilmember Rettman, returned to the meeting at this point. Upon question of Councilmember Sonnen, -Mr. Peterson said the .Tax Department would not allow his name to be on the tax records and, when he pushed the issue they finally out his name on it, and he stated the proper person was not notified of the abatement. Councilmember Rettman said Mr. Peterson called her office approximately 1-1/2 months ago and it is still not clear.whv the Tax Deoartment would not accept his name,on,the records. Councilmember Long moved approval of the assessment for 384 E. Lawson. Roll, call _ . Adopted Yeas - 7 Nays - 0 Ron Mechura. 425 S. Robert Street, was present. John Betz gave his staff report and said the City cleared the sidewalks. Mr. Mechura said he made every reasonable effort to keep the walks free of ice and snow but there was a problem with the ice. There was some discussion and. Councilmember Dimond moved approval of the assessment. Roll call. t. s Adopted Yeas - 7 Nays - 0 i, (Discussion continued on following page) - 281 - May 18, 1989 (Discussion continued from previous page) Murray Applebaum, 1019 S.. 61rview,'was present. John Betz presented his staff report stating their office received a complaint on this urooerty. Mr. Applebaum appeared to orotest the system of plowing Fairview and said there are no' boulevard' so the snow gets dumped back on the sidewalks after, oeoole have shoveled. He said he did call the City's Complaint Office and was told to continue using salt and.he:stated he feels this ,is an on-going situation. , Councilmember Wilson said this is problematic and is an issue that should be looked into Mr. Betz said it is a problem especially with heavy storms. There was further discussion and Councilmember Uimond moved approval of the assessment. Yeas - 7 Nays s - 0 y No one else aooeared. Councilmember Wilson requested property located at 968 Hague be laid over, to May 30th as well as -property .located 571 Wheelock Parkway. John Betz 'said errors were made .and therefore requested oroperties ,located 'at 718.14: Maryland and 475 Summit both be deleted and the assessment,at 814 Laurel be reduced to $20.00.: , Roll call on resolution as amended. Adopted Yeas ,.7 Nays - 0 Councilmembers Wilson and:Goswitz.moved that the meeting be adjourned. Adopted Yeas: :7 Nays,- U RDJ0URNE0 AT 11:32A.M.;. u� President ATTEST' Copies sent to Councilmembers' 6-45- P iv Minutes approved by Council i LA:dnk� 1 k' MINUTES OF THE COUNCIL 9:00 A.M COUNCIL CHAMBERSAY CITY,HALL & COURT HOUSE SAINT PAUL, MINNESOTA... y�f Citi y? The meeting was called -to order by President Scheibel at 8:30 A.M. Present - 7- - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson ., Absent - 0 Mayor Latimer aooeared to speak of his concerns of the 911 Emergency System and said callers will be keot on. the line until a paramedic unit or private. ambulance has responded to the call. He spoke of the need for more training and 3 s a orofessional-corps of dispatchers: h St. Paul Fire Chief Steve.Conroy. gave a history and background,of the 911 Emergency System and,the present system and spoke of the statistics: involved and said an evaluation is due in July from a consultant. He said they are going to add a supervisor and additional staff and said a unit will. be sent there is .if any doubt. { District Chief Richard. Wiesner aooeared and he`and Chief Conroy answered. questions of Council. r. Linda Ann Long, Medical. Director of St. :Paul.:Paramedic Program. appeared, and said she su000rts the Mayor's p7 ram for updating and spoke of the risk, of slower response time if all calls were answered and answered questions of Councilmembers and the Mayor and said it was not exoedient to answer all calls. Dr. R. J. Fransconi, ,Co -Medical Director, aooeared and spoke on the triage Wand other response systems and answered questions of Council. Mary Jane Rachner, 1917 Pinehurst appeared to address the problem and asked to eliminate screening and suggested a contract with taxi companies. At this time the Council was recessed and reconvened at 9:15 A.M. Councilmember Wilson left the meeting at this point and returned later in the meeting. Lt. Bob Fletcher, Police Dept. aooeared and suggested calls could be referred to the police disoatcher and have a police officer make a site evaluation. After further discussion Councilmember Rettman suspended the rules for consideration of a resolution Pertaining to the 911 Emergency System. Roll call on suspension. Adopted Yeas - 6 Nays - 0 Resolution - 89-941 - Directing the Mayor's Admn. to require the Fire Dept./Paramedics to resound to all 911 emergency/medical calls with a paramedic or orivate ambulance and directing the dispatcher to maintain communication with caller and stating the Council will review the Mayor's Admn, report to Provide policy changes as needed orior to 1990 budget adoption. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 Later in the meeting Councilmember Wilson asked to be included in the vote. - - - Adopted Yeas - 7 Nays - 0 37. Third Reading - 89-760 - An ordinance enacting the replacement housing policy ' - and Providing procedures for its implementation. (Housing & Economic Develooment Committee recommends approval with amendments. r Councilmember Long asked to lay this item over due to State Legislation passed. r 3 Councilmember Wilson returned to the meeting at this point. (Discussion continued on following page.) 4� -283- May 23, 1989 (Discussion continued from orevious page.) Councilmember Sonnen asked to continue Public Hearing and lay over for one week with, with, the ouroose of looking at the State Legislation. Councilmember Rettman thanked members of the Housing Calendar Consolidation oresent. Laid over to May 30th for Third Reading & Public Hearing. ORDINANCES 1. Second Reading 69-834 - An ordinance amending Section 402.10 of the Legislative Code pertaining to charitable gambling. (Community & Human Services Committee recommends aooroval) Laid over., to,May.25th for Third Reading. 2. First Reading -.89-895 - An ordinance amending Chapter 33 of the Administrative Code oertaimmng to reimbursement for car expense .by providing a monthly increase for elected officials. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 3. First. Reading — 89-896 - An ordinance ggance amending gChapter 71 of the Legislative Code year afteria�waiver isuse grant der(FORand REFERRAL TO THEuildin COMMUN17Yr&its within one HUMAN SERVICES COMMITTEE) Councilmember Rettman asked to have this referred to the Public 'Works Committee. Referred to the Public Works Committee. 4. First Reading - 89-897 - An ordinance amending Chanter 369 and 370 of.the Legislative Code pertaining to building trades business licenses and certificates of competency. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the,Finance Committee. APPLICATIONS COMMUNICATION 5. Claim of American Family Ins. Group, 8131 Blue Circle Dr., ,Eden ,Prairie, Mn. filed, May 10, 1989, was read. Referred to the City Attorney's office. Claim of Inez Hunter, 774 Concordia #202, filed May.11, 1989,, was read. Referred to the City Attorney's office. Claim of Robert Moeller. 221 Galtier Place, filed May 10, 1989, was read. Referred to She City Attorney's office. 6. Notice of motion for temporary restraining order in the,matter of. Charles Bauer, Jr. vs the City of St. Paul. Referred to the City Attorney's office. 7. Summons, complaint and other related documents in the matter of New York Life Insurance Company vs Bremer Towers et al. Referred to the City Attorney's office. 8. Letter of the State Deoartment of Revenue transmitting Application No. 339509 of Construction Bargaineer for Roger E. Harris for reduction of assessed valuation for certain real.estate in the City. A letter of Dave Nelson of the Valuation Engineer's office was received. Filed (CC #13134) 9. Letter of the State Deoartment of Revenue transmitting Application No. 339523 of The Civic Center for John M. Prest for reduction of assessed valuation for certain real estate in the City. A letter of Dave Nelson of the Valuation Engineer's office was received. Filed -284- (CC #13135) May 23, 1989 10. Letter of the City Attorney's Office announcing a date of public hearing for June 21:and 23, 1989 before an Administrative Law Judge pertaining to possible adverse action against licenses held by BUT, Inc. dba the People's Choice located!at 920 Selby Avenue. Filed (CC @13136) 11. Letter of the City Attorney's Office announcing a date of public hearing for June 15, 1989 before an Administrative Law Judge pertaining to 'possible adverse-- action against licenses held by G M & H Inc. dba Grand Central located at 788 Grand Avenue. Filed' (CC @13137) 12. Administrative Orders D-10261 thru D-10267 were noted as on file in the -City Clerk's office. Councilmember Rettman requested Administrative Order D-10264 be .referred to Finance, Committee for discussion. COMMITTEE REPORTS 13. Second Reading - 89-463 - An ordinance amending Chaoter 28 of the Legislative Code entitled "Campaign Contributions" to provide for conformity to state statutes as to time limits .for filing financial reports prior, to primary and . general elections. (Rules & Policy Committee recommends approval of substitute ordinance) , , Councilmember Sonnen moved approval of the.amendments. Roll call on the amendments. Adopted, I I Yeas -7 Nays - 0 Laid over to -May 25th for Third Reading. 14. Second Reading- 89-616 - An ordinance amending. Section 41 of the Administrative Code pertaining to government employee solicitation. (Rules & Policy Committee recommends approval of substitute ordinance) Councilmember Sonnen moved approval of the amendments. Roll call on`the:amendments: ' Adopted Yeas - 7 Nays - 0 15. Second Reading - 89-702 - Amending Section 10 of the St. Paul Charter pertaining to the City budgeting process. (Charter Commission and Rules & Policy Committee recommend aooroval) Laid over to June 22nd for Public Hearing & Third Reading. 16. Second Reading- 89-701 - Amending certain sections'of the St. Paul City Charter by deleting gender specific references. (Charter Commission and Rules & Policy Committee recommend approval) Laid over to June 22nd•for Public Hearing & Third Reading. NEW BUSINESS - RESOLUTIONS 17. Resolution - 89-898 - Changing the rate.of pay for,Affirmative Action Director in the Salary Plan and Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 18. Resolution - 89-899 - Establishing the rate of pay for Building Controls Electrician in the Board of Education. (First Reading - FOR,ACTION) Laid over to May 30th for Second Reading & Adoption. 19. Resolution —89-900 - Establishing the rate of pay for Master Building Controls Electrician in the Board of Education. (First Reading - FOR ACTION) Laid over to May 30th for Second Reading & Adoption. -285- . V. May 23, 1989 20. Resolution - 89-901 - Amending the 1988 budget by adding $33,250 to the S Financing & Spending Plans in PED. for UNISYS Realignment and reemployment project. (FOR ACTION) Councilmember Rottman moved aooroval of the resolution. Q Adopted Yeas - 7 Nays - 0 21. Resolution - 89-902 -Amending the 1989 budget by adding $975 000 to the FOR Financing & Spending Plans in PED for the Transitions Job Program. ACTION) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 22. Resolution - 89-903 - Amending the 1989 budget"by adding $9,741 to the Financing & Spending Plans in the Divisors of Public Health for Public,Health Nurse. (FOR COMMITTEE) REFERRAL TO THE COMMUNITY &HUMAN SERVICES, . Councilmember Rettmao moved aooroval of the resolution. Roll call. Adopted Yeas - 7 Nays- 0 23. Resolution _89-904 - Amending the 1989 budgget by adding $11,190 to the Financing & Spending Plans for overtime in the Housing Inspection office, (FOR REFERRAL TO THE COMMUNITY &HUMAN SERVICES COMMITTEE) Councilmember Rettman moved approval of the resolution. Roll call. Adopted. _ _Yeas - 7 Nays - 0 . 24. Resolution - 89-905 -Amending the 19,89 budget by, adding $3,318 to the Financing & Spending Plan's for'Public Works equipment. ,(FO,R REFERRAL TO THE PUBLIC, WORKS COMMITTEE) Counciimember Goswitz stated this item has been discussed in Committee and he movedaooroval of the .res'olution. Adopted Yeas,- 7 Nays - 0 25. Resolution - 89-906 - Amending the 1988 and 1989 CIB budget by adding $150,000 for citywide tree planting.' (FOR REFERRAL TO THE FINANCE'COMMITTEE) Referred to the Finance Committee. 26. Resolution - 89-90,7 - Amending, the 1987 C,IB budget by adding $20,550, for permanent easements across Kellogg Mall Park to provide the necessary right-of- way for the Robert Street bridge. (FOR REFERRAL TO THE FINANCE COMMITTEE) Councilmember Goswitz requested to have this, referred to the Public Works _ Committee. Referred. to the Public,Works Committee. _ 27. Resolution - 89-908 =:Allocating $50,000 to,; the Police Department for continuation and expansion of`the Beat Patrol Program for 1989 and transferring $25,000 to a Contingent Reserve fund to cover oosslble additional overtime costs related to the Drogram and drug law enforcement efforts. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 28. Resolution - 89-909 - Approving St. Paul Police 0eoartment to comoete for designation as the site of the 1991 annual, meeting of the International Association of Auto Theft Investigators. (FOR, ACTION).. Councilmember'Long moved approval of the resolution. d Adopted Yeas - 7 Nays - 0 _ 29. Resolution - 89-910 - Designating COMPAS as the official community arts agency in St. Paul for 1989 for the ouroose of aoolying to the local Program of the National Endowment for the Arts. (FOR ACTION) Councilmembers Rettman and Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 -286- May 23, 1989 = 30. Resolution.- 89-911 — Requesting Rondo Avenue, Inc. to collect sufficient signatures for support of mounting commemorative street signs and upon submission of said signatures adopting resolution authorizing the mounting of Rondo Street signs prior to the August 4th and 5th Rondo Festival. (FOR ACTION) rr Councilmember Wilson said members of the community are raising funds for this there be no cost n y 5 event and will. go through the proper process, and he said will to the City. Roll call. . Adooted Yeas - 7 Nays - 0 31. Resolution - 89-912.- Establish ing.a orogram under the direction of the Elder Council to identify persons reaching 100 years of age, coordinating appropriate celebrations' -and oreoaring brief `reports on the life and time4'of each centenarian and that each centenarian receive proclamation and recognition by the City of St. Paul. (FOR REFERRAL TO THE RULES '& POLICYCOMMITTEE) Referred to the Rules & Policy Committee. ` 32. Resolution - 89-913 - Authorizing proper City officials to execute an agreement granting -$1,000 to the Grand Avenue Business' Association for the purpose of staging Grand Old Days to be 'held June 4th. - (FOR ACTION) Council members Rettman and Long moved aooroval of•the resolution. Adopted :Yeas - T Nays - 0 33. Resolution - 89-914 - Authorizing proper City officials to execute an agreement granting to the North End Area Revitalization, Inc. for the purpose of .$2,000 staging Sidewalk Extravaganza to. be held August 5th. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution: Adopted Yeas - 7 Nays - 0 34. Resolution - 89-915 - Approving contract between the - Board` of Water I Commissioners and the City of Maplewood for Remote Metering Systems. (FOR ACTION) Council member 'Goswitz moved approval of the resolution. Adopted -Yeas - 7 Nays - 0 35. Resolution - 89-916 - Directing the Public Health Division to file with the City Clerk 'orders of nuisance for oroperties located at 335 Aurora, 1131 Payne, 725 Sherburne and 493 Whitall. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 36. Preliminary Order - 89-917 - Sidewalk construction and/or reconstruction for oarts of Glendale, Laurel, S. Mississippi River Blvd., Otis, Priscilla and Lafond', and setting date of public hearing for July 6th. Councilmember Rettman moved aooroval of the resolution: Adopted Yeas -'7 Nays - 0 uh PUBLIC HEARING 38. Resolution - 89-918 - Ratifying assessment for diseased tree removal for 1988. Andrew Putnam, 780 Gorman, appeared and said he lives adjacent to an abandoned lot owned by the City and some trees :cut down were on that lot and he said he cut down trees on his own .property also and he distributed photographs of his orooerty and the vacant lot.. Tom Karl of the St. Paul Forestry Division appeared and presented his staff i, reoort and he said he sent a memorandum to Public Works stating this orooerty is nov a dedicated right-of-way and he explained their response stating in this case the adjoining orooerty owner is responsible for the vacant lot. (Discussion continued on following page.) -287- C May 23, 1989 (Discussion continued from previous page.) Upon question of Councilmember Sonnen, Mr. Karl stated the reason the trees were cut down was because they had Dutch Elm disease. Jane McPeak, Assistant City Attorney, stated if unimproved Property is dedicated to the City'the fee''owner'it resoonsible but not the abutting orooerty owner. There was further discussion and CooncilmemberScheibel stated this property will be laid over two week's' for further clarification from the City Attorney's Office: Laid over to June 6th Joe Bu Riong, orooerty owner of 868 Westminster, aooeared and explained he is a new orooerty owner and he referred to his lack of knowledge whether the Dutch Elm disease could spread to humans and he also wasn't sure which tree was being referred to. He stated he is trying=to be a responsible homeowner and he requested the assessment be reducedd. Councilmember Rettman explained the trees are removed in order that the disease' is not transferred to other trees and that it is not passed on to humans, and she said the work was done and she sees no reason to lower the costs involved. Councilmember Dimond stressed the Point diseased trees are only dangerous to other trees and not individuals. The orooerty owner of 975 McLean appeared and said they had contracted the removal of trees in conjunction with the construction of the adjacent Mounds School. Mr. Boche of the Forestry Division aooeared and gave his staff report and said they received mixed messages from the owner on now the removal of the trees would take place. He said'a contractor was hired by the City to remove the trees and he'said'the contractor definitely remembers removing the trees because special equipment had to be used to do the job. Cpuncitmember Rettman requested this orooerty be laid over two weeks for clarification purposes, and Councilmember Scheibel requested Councilmember Dimond's staff to work with the Forestry Division for clarification. Laid over to June 6th. Louise Marcus of 706 Blair aooeared and on her behalf her niece stated she doesn't recall any trees being removed and she cannot afford the assessment as she lives only on her Social Security. Tom Karl of the Foresty Division presented his staff reoort and he said two trees were removed by the alley and he stated he would be willing to lay this item over in order to go to the home and show the property owner the tree stubs. Laid over to June 6th. Councilmember Wilson left the meeting at this point and returned later. Upon question of Councilmember Rettman, Dave Sundmark of the Forestry'Divison stated' orooerty located at 1559 Cumberland has been deleted and he also said the vacant lot between 1464-1472 Selby also was deleted as a decision had been reached with the orooerty owners. Councilmember Rettman commended the Forestry staff for their work. Councilmember Sonnen moved approval of the resolution with the amendments noted above. Roll call. Adooted Yeas - 6 Mays -'0 46. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Millet W. Huynh dba Larry's Grocery .located at 1673 Grand Avenue. Phil Byyrne aooeared and Presented his staff report and explained the licenseholder is now out of business but there is another person at the location running a grocery store only and he recommended Council to table this proceeding until such time as the orevious owner makes a reapplication to the License Division or that the License Office keeo note of this in their file. (Discussion continued on following page.) _J _288- _J May 23, 1989 (Discussion continued from previous gage.) x „ Councilmember Wilson returned to the meeting'at this point. t r$ty r, Charles Brady, attorney for the licenseholder„-aooeared and concurred with `the to 7.Y comments made by :Phil Byrne and he explained events that occurred at the *he establishment. He: said the matter. ismootat this. time and added hit client thought a personal crime was going to take place and he was afraid so he did _; ziat everything that was asked of him. 5� Councilmember Scheibel stated that Mr. Brady's remarks will be made a part of -record. the Councilmember Rettman moved that the. License Division make the above report and comments a Dart of their pending records if application is made by Mr. Huynh and she also moved that the ALJ report be made 6'oart of the record. i Roll call on the motion. d Adopted Yeas - 7 Nays -.0 cc #13192 39. Resolution - 89-919 - Ratifying assessment for construbtion of storm sewer service stub and water service connections in conjunction with the Seventh/Frank Area Storm Sewer project. (Public Works Committee recommends approval) Noone appeared in opoositioii. r CouncilmbAber Goswitz moved aooroval of the resolution. Adooted . Yeas - 7 Nays - 0 40. Resolution - 89-920 - Ratifying assessment for construction of sanitary sewer «�z and water service'connections.in conjunction with the Dale/Hoyt Area Storm Sewer 1}t Separation progect. (Public Works Committee recommends approval.) No one aooeared in 0000sition. Councilinklier Rettman moved aooroval of the resolution. t Adooted Yeas - 7 Nays,- 0 ^5 I 41. Resolution - 89-739 - Aooroving the transfer of State Class B Gambling License currently held by Rice Street VFW Post 3877 located at 1138 Rice to 1134 Rice. (Laid over from AApril 27th) No one aooeared in 0000sition. Councilmember Rettnah moved aooroval of the resolution. Adooted Yeas - 6 ''Nays - I (Sonnen) 42. Resolution - 89-921 - Aoorovingg aoolication for the renewal of Gas Station and General Reoair Licenses aoolied for by Robert Dunn dba for Dunn's Service Station located at 1328 Point Douglas Road South. (Laid over from May 9th) No one ' ,aooeared. Upon request of Councilmember Dimond, this resolution was laid over one month to June 20th, Laid over to June 20th. a ,a144� y 43. Resolution - 89-922--Aooroving applicationforOff Sale 3.2 Malt Liquor License dba Country Club applied for by Country Club Market Inc. (Robert Naas, Pres.) Market located at 1165 Arcade. z No one aooeared in 0000sition. Councilmember Goswiti moved aooroval of the resolution. 1 Adooted , Yeas - J Nays - 0 at 44. Resolution - 89-923 - Approving aoolication for the renewal of various On Sale Liquor and Supporting Class III Licenses for persons as listed. Councilmember Scheibel requested the Wabasha Bar be deleted from this resolution — and laid over for three weeks and Councilmember Rettman requested the resolution be, laid over to Thursday, May 25th. Adooted Yeas - 7 Nays - 0 a a Laid over to May 25th. -289- .. May 23, 1989 45. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Candyland located at 435 N. Wabasha. It was noted Shawn Perry, attorney representing Candyland, was present. Tom Weyandt of the City Attorney's Office aooeared and oresented his staff re'oort and he stated he has filed exceptions to the ALJ's report and he requested Council aoorove the sanction of a 10 day stayed suspension with stipulations as he outlined, and he answered questions of Councilmembers. Mr. Perry aooeared and oresented his reoort stating Candyland should not be sanctioned for any violation.He stated this was a very questionable inspection and the establishment remedied everything in the timeline given to them and he referred to actions of the City Idsoector. Upon question of Councilmember Sonnen, Mr. Weyandt referred to actions of the Inspector and said it is his opinion there was a language barrier. Mr. Weyandt also answered questions of other Councilmembers on methods used by the establishment for .vermin control and to the scoring of the inspection. No one else aooeared. Councilmember Rettman moved that the oublic hearing be closed. Adopted Yeas - 7 Nays - 0 Councilmember Rettman referred to her concerns of the pattern shown by Candyland and she said she accepts the amended findings as well as the 10 day stayed susoension, and she requested quarterly inspections be made on this establishment. Councilmember Scheibel said he can acceot the findings of the ALJ but he feels the ten day suspension is too much and would out the establishment out of business, and he sooke in favor of the quarterly inspections. Councilmember Wilson sooke in favor of the recommendation for a ten day stayed suspension stating the City holds licenseholders responsible for their establishments. Councilmember Dimond sooke in su000rt of exceptions filed by the City Attorney and he suggested deleting the ALJ findings of fact which refers to the score of the inspection. Councilmember Wilson moved accenting the exception of the City Attorney, deletion of reference to the scoring of the City inspection and he moved a ten day stayed susoension. Councilmember Scheibel sooke in 0000sition to the motion, and Councilmember Long spoke in su000rt of the motion. Upon question of Council, Mr. Weyandt stated language in the resolution could be drafted to be consistent with oast resolutions. Councilmember Goswitz spoke in 0000sition to deleting lavage in the Findings of Fact pertaining to the insoection score and he moved not to delete said language. After some discussion, roll call was called on the motion to include language Pertaining to the investigation score. Yeas - 2 Goswitz/Scheibel) Nays - 5 (Dimond/Wilson/Sonnen/Long/Rettman) Motion failed of adoption. Councilmember Wilson moved approval of the ALJ report with the deletion of the last line of #28 pertaining to the scoring and he moved a ten day stayed suspension with stioulations as outlined. Roll call. Adopted Yeas - 6 Nays - 1 (Scheibel) Later in the meeting Councilmember Goswitz requested his vote be changed. Adopted Yeas - 5 Nays - 2 (Scheibel/Goswitz) 47. Reo ort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Michael O'Toole dba Soot Bar located at 859 Randolph. Laid over two weeks to June 6th. -290- J 1 MINUTES OF THE COUNCIL 9:00 A.M MAY 25, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 5 - Councilmembers Dimond, Long, Rettman, Scheibel, Wilson Absent - 2 - Councilmembers Goswitz and Sonnen (arrived at points during the meeting) MISCELLANEOUS 53. Recognition of retiring City of St. Paul employees. - Councilmember Scheibel introduced and commended Frank Flanagan for his years. of service in the Water Department and he Presented to him a certification, of recognition. ORDINANCES 1. Final Adoption - 88-1674 - An ordinance amending Chapter 409 of the,Legislative Code pertaining to regulating the sale of alcoholic beverages and the conduct of licensed establishments. (Community & Human Services Committee recommends approval of -a 'substitute ordinance) Councilmember Rettman moved approval of the ordinance. Adopted Yeas - 5 Nays - 0 At,a point later in,the meeting when both Councilmembers Goswitz and Sonnen had arrived, Councilmember Sonnen moved reconsideration to amend the ordinance to orovide for a statement of State law. Roll call on reconsideration. , Adopted Yeas - 7Nays - 0 Councilmember Sonnen moved language be added referencing State law pertaining to minors in bars for legitimate ourposes. Councilmember,Goswitz spoke in -favor, of.,revocation and Councilmember-Scheibel said before are guidelines and he',exolained options of the Council in making determinations. After further discussion roll call was called on the motion amending the ordinance adding language referencing State law. Adopted Yeas 7. - - Nays - 0 Laid over to June 1st for Final Ado otion. 2. Second Reading - 89-859 - An ordinance amending Section 310 of the Legislative Code pertaining to license hearing procedures. (FOR ACTION) Laid over to May 30th for Third Reading. APPLICATIONS - COMMUNICATION 3. Claim of Debra Larson, 726 DeSoto, filed May 12, 1989, was read. Referred to the City Attorney's Office. - Claim of Lawrence Selb, 1928 University Ave. 0, filed May 16, 1989, was read. Referred to the City Attorney's Office. Claim of Bernard Utschinski (Steven Patrow, attny.) filed May 15, 1989, was read. Referred to the City Attorney's Office. 292 - 4. 1 X k� May 25, 1989 4. Summons and complaint in the matter of Pamela Mortenson vs the City of St. Paul et al. Referred to the City Attorney's Office. 5. Letter of the State Deoartment of Revenue transmitting Application No. 339734 of Mcote, Inc. for reduction of assessed valuation for, certain real estate in the City. A letter of Dave Nelson was noted. Filed (CC 513138) 6. Letter of the State Deoartment of Revenue transmitting Application No. 339527 of David Greening for the St. Paul Athletic Club for reduction of assessed valuation for certain real estate in the City. A letter of Dave Nelson was noted. Filed (CC 813139) COM TiFE REPORTS 7. Second Reading - 89-761 - An ordinance amending Chaoter 417 of the Legislative Code pertaining to parking lots. (Community & Human Services Committee, recommends item be withdrawn) n Councilmember Dimond withdrew the ordinance. Withdrawn. 8. Resolution - 89-505 - Changing the rules which govern the Community Festival, Revolving Loan Fund. (Community & Human Services Committee recommends approval, withamendment) Councilmember Rettman explained the amendments made in Committee and she moved aooroval of the resolution. as amended. Roll call. Adopted Yeas - 5 Nays,- 0 9. Resolution - 897706 - Accepting the report of the St. Paul Citizens Solid Waste Task Force and endorsing the general cdnce,ot of developing a comprehensive solid. waste managgement,gystem; and expressing aporeciation and commending the task force for their, work.„(Public Works Committee recommends aa oroval) Councilmember Long moved aooroval of the resolution. Adopted, Yeas -.5 Nays - 0 10. Resolution - 89-731 - Authorizing proper City, officials to execute an agreement with the State Deoartment of Transportation;authorizing Trunk Highway funds to be used for temporary construction or revision of traffic signals at various locations along the I-94 corridor in downtown St. Paul. (Public Works Committee recommends aooroval) Councilmember'Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 11. Resolution - 89-769 - Amending the 1984, 1986 and 1987 CIB budget'by transferring funds from Johnson Parkway/East Shore Drive to East Shore Drive from Johnson Parkway to Laroenteur Avenue project. - (Public Works Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0., 14. Resolution - 89-438 - Orderi.ng the repair or demolition of property located at 581 University Avenue. ((Housing & Economic Development Committee recommends aooroval - Hearing held March 14th) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 - 293 - a 1 � � May 25, 1989 15. Resolution - 89-764 - Approving and ratifying Memorandum of Agreement with the Professional Employees Association. `Second Reading & Adoption - Finance Committee recommends aporoval) Councilmember Long moved approval of the resolutNays - 0 Adopted Yeas - 16. Resolution - 89400 - Amending the 1989 budget by adding $45,071 to the Financing & Spending Plans for Community Service Department Parks &Recreation Building Maintenance. (Finance Committee recommends aooroval) ve Councilmember Long mod ap.rova of the resolutNays - 0 Adopted Yea 17. Resolution - 89-493 - Amending the 1989 budget by transferring $5,000 from Contingent Reserve to Executive Administration Personnel Office Labor Relations. CFinance Committee recommends aooroval) ouncilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Sonnen arrived at this point in the meeting. 18. Resolution - 89-495 - Amending the 1989 budget by adding $30,000 to the Financing & Spending Plans from General Fund to Executive Administration for -the five year implementation plan changing to a two year budgeting process. (Finance'Committee recommends aooroval) Councilmember Long moved approve ab tbe resolutions - 0 Adopted 19. Resolution - 89-496 - Amending the 1989 budget by adding $30,000 from Special Projects General Government to Executive Administration Government Resoonsiveness. (Finance Committee recommends aooroval) Counciimember Long moved approval of the resolution. Adopted I Yeas - 6 Nays - 0 20. Resolution - 89-829 - Amending the 1989 budget by adding $50,500 to the Financing & Spending Plans for Community Services Division of Libraries for supply and storage closet irr auditorium of St. Anthony Park Branch Library. ((FinancCe'C'm Committee recommends'aporoval) touncilmember`Long moved approval, Of the resolution. Adopted Yeas - 6 1 Nays - 0 21. Resolution - 89-831 - Amending the 1989 budget by adding $19,215 to the Financing & Spending Plans for PED Data Processing Hardware fund to replace and add equipment. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted "" Yeas - 6 Nays = 0 22. Resolution - 89-832 - Amending the 1989 budget by adding $16,448 to the Financing & Spending Plans for Police Special Investigations Narcotics Control Surveillance Program. (Finance Committee recommends approval) " Councilmember Long moved approval off the resolution. Nays - 0 Adooted 23. Resolution - 89-833 Amending9 the 1989 budget by adding $11,200 to the Financing '& Spending Plans for Police Special Investigations for -the purchase of certain investigative equipment. (Finance Committee recommends approval) Councilmember Long moved appYeasl off the resolutNays - 0 Adopted -"294 - � \ 1 1 - 1 � � May 25, 1989 15. Resolution - 89-764 - Approving and ratifying Memorandum of Agreement with the Professional Employees Association. `Second Reading & Adoption - Finance Committee recommends aporoval) Councilmember Long moved approval of the resolutNays - 0 Adopted Yeas - 16. Resolution - 89400 - Amending the 1989 budget by adding $45,071 to the Financing & Spending Plans for Community Service Department Parks &Recreation Building Maintenance. (Finance Committee recommends aooroval) ve Councilmember Long mod ap.rova of the resolutNays - 0 Adopted Yea 17. Resolution - 89-493 - Amending the 1989 budget by transferring $5,000 from Contingent Reserve to Executive Administration Personnel Office Labor Relations. CFinance Committee recommends aooroval) ouncilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Sonnen arrived at this point in the meeting. 18. Resolution - 89-495 - Amending the 1989 budget by adding $30,000 to the Financing & Spending Plans from General Fund to Executive Administration for -the five year implementation plan changing to a two year budgeting process. (Finance'Committee recommends aooroval) Councilmember Long moved approve ab tbe resolutions - 0 Adopted 19. Resolution - 89-496 - Amending the 1989 budget by adding $30,000 from Special Projects General Government to Executive Administration Government Resoonsiveness. (Finance Committee recommends aooroval) Counciimember Long moved approval of the resolution. Adopted I Yeas - 6 Nays - 0 20. Resolution - 89-829 - Amending the 1989 budget by adding $50,500 to the Financing & Spending Plans for Community Services Division of Libraries for supply and storage closet irr auditorium of St. Anthony Park Branch Library. ((FinancCe'C'm Committee recommends'aporoval) touncilmember`Long moved approval, Of the resolution. Adopted Yeas - 6 1 Nays - 0 21. Resolution - 89-831 - Amending the 1989 budget by adding $19,215 to the Financing & Spending Plans for PED Data Processing Hardware fund to replace and add equipment. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted "" Yeas - 6 Nays = 0 22. Resolution - 89-832 - Amending the 1989 budget by adding $16,448 to the Financing & Spending Plans for Police Special Investigations Narcotics Control Surveillance Program. (Finance Committee recommends approval) " Councilmember Long moved approval off the resolution. Nays - 0 Adooted 23. Resolution - 89-833 Amending9 the 1989 budget by adding $11,200 to the Financing '& Spending Plans for Police Special Investigations for -the purchase of certain investigative equipment. (Finance Committee recommends approval) Councilmember Long moved appYeasl off the resolutNays - 0 Adopted -"294 - May 25, 1989 24. Resolution - 89-744 - Amending the 1989 budget by adding $1,425.84 to the Financing '& Spending Plans for Public Works Equipment Services. (Finance t Committee recommends aporoval) Councilmember Long moved approval of the resolution. Adopted Yeas'- 6 Nays - 0 25. Resolution - 89-816 - Authorizing reverence pay in the amount of $4,000 to the estate of Sgt. Michael Markuson. (Finance Committee recommends aopro val) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays,- 0 NEW BUSINESS - RESOLUTIONS 26. Resolution - 89-924 - Approving the appointment by the Mayor of Michelle Hotzler to serve on the Heritaje'Preservation'tommission. (FOR ACTION) Councilmember Rettman moved aouroval of the resolution. Adopted Y6S - 6 Nays - 0 27. Resolution - 89-925 - Amending the 1988 CIB budget by adding $80,000 for the Valley Recreation Center Site Improvement oroject. (FOR REFERRAL TO THE FINANCE C ITrEE) Referred to the Finance Committee. 28. Resolution 89-926 - Approving applications for funding from the Athletic and Sports Fund for organizAions as listed. (FOR ACTION) Cbuncilmember Wilson moved a6oroval of the resolution. Adopted V6as - 6 Nays1 - 0 29. Resolution - 89-927 - Approving recommendations for expenditure of Emergency Shelter Grant'funds. authorizing Drooer. City officials to enter Into contracts with stated organizations, and amending the 1989 budle by addin$119 20 to the Financing and Spending Plans for HUD Emergency budget resolution. Shelters. s. (FOR ACTION} Councilmember Rettman moved aonroval of the ion. Adopted Y6s,- 6 Rays. -. 0 32. Resolution - 89-929 -"Adopting the City of St. Paul 1990 Budget Goals and Policies, requesting "the Mayor t6 use said document'asr a.guide establ,ishing'1990 operating debt service budgets and to provide annddl'retomme6dations for refinement of said policy,'. and stat'ing' intent of Council to also use the document as a guide. (Finance Committee recommends'approval) Upon request of Councilmember Long, this resolution was laid over one.week to June 1, 1989. Laid over to June Ist. 31. Resolution - 89-928 - Requesting the Congressional delegation of Senators and Reoresentatives to take necessary action to amend Code Section 89 and to provide federal funding for this and other Programs mandated in the future. (Finance Committee recommends aonroval) 4� Cou6cilmember Long 60ained Committee action and discussion and he moved approval of the resolution. Adopted Yeas - 6 Nays, = 0 33. Preliminary Order - 89-930 - Approving estimated annual operating costs of Town - Square public; spaces for July 1, 1989,through June 30, 198 0 , and setting date of public hearing for June 22nd. Councilmember Rettman moved approval of the Order. Adooted Yeas - 6 Kays - 0 - 295 - May 25, 1989 42. Resolution - 89-935 - Aooroving with stioulations application for Second Hand Motor Vehicle Dealer's License. applied for by R.G. Bartosch, Inc. dba Executive Auto Sales (Robert Bartosch, Pres.) located at 520 E. 7th, Street. No one appeared in 0000sition., Councilmember Rettman moved approval of the resolution. Adooted Yeas - 7 Nays - 0 43. Resolution - 89-936 - Approving application for the renewal of State Class B Gambling License applied for by Twin Star VFW Post #8854 located at 820 Concordia. No one aooeared in 0000sition:., Counciimember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 44. Resolution - 89-937 - Aooroving application for the renewal of Class A Gambling License aoolied for. by.Alano Society of St. Paullocated. at 520 N. Robert. No one aooeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 45. Resolution.- 89-938 'Approving application for -Class B Gambling License.aoolied for.by.the Neighborhood.House at'Macaluso's,located. at 733 Pierce.Butler 'Route. No one aooeared in opposition. Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays -.0. 46. Resolution -,89-939 - Approving aoolication for Class B Gambling Location License.. applied for .by Reus,, Inc. dba Macaluso's located at 733 .Pierce Butler. Route. Nq;one,aooearedJn opposition.,. Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 47. Resolution - 89-940 - Aooroving application for Gambling Manager's License aoolied for by Phil RavitsYy:dba.Neighborhood House at Macaluso's located at 733 Pierce Butler Route. No one aooeared in opposition.. Councilmeinber Wilson.moved aooroval of,the resolution. Adopted Yeas - 7 Nays A 48. Resolution -;89-888 - Aooroving application for State Class B. Gambling. License apolied.for _by.the,,Minnesota,.AIOS Project at The Town. House located atr1415 University. (Laid over from May 18th - Public hearing closed). Christine Rozack of the License Division aooeared and said the Fire Department has now given their aooroval on this and the following related items. Councilmember Sonnen moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 49. Resolution -,89-889 Aooroving application. for Class A Gambling Location License aoolied for by Hollis L. Mo6ett and Martha Bergman dba The Town House located at;1415 University. (Laid over from May 18th - Public hearing closed) 8ee discussion above) uncilmember Sonnen moved aooroval of the resolution. Adopted -Yeas - 7 Naysr- 0 50. Resolution - 89.890 - Approving aoplication for. Gambling Manager's License aoolied for by Stephen Rocheford dba The Town House located at 1415 University. Laid over from May 18th - Public hearing closed) See discussion above) ouncilmember Sonnen moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 297 - May 25, 1989 34. Preliminary. Order - 89-931 — Sidewalk construction and/or reconstruction for both sides -of Charles Avenue from N. Milton to N. Chatsworth, and setting date of public hearing for July 6th. Councilmember Rettman moved approval of the Order. Adopted Yeas - 6 Nays - 0 35. Preliminary Order - 89-932 - Sidewalk construction and/or reconstruction for -parts of Eleanor, E. George and E. Wyoming, and setting date of oublic-hearing for:. July::6th.:, Councilmember Wilson moved approval of the Order. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 36. Third Reading :; 89-644 - An ordinance amending Chaoter 417 of the Legislative Code pertaining to parking. lots. (Community &Human Services Committee recommends approval of a substitute ordinance) - No one aooeared in 0000sition. Laid over to June 1st for Final Adoption. 37. Third:.Readin - 89-834 - An ordinance amendingSection 402.10 of the Legislative Code r.Dertaining_to.charitable gambling. (Community & Human Services Committee recommends approval) No one appeared in 0000sition.' Laid over to June 1st far Final Adoption. 38. Third Reading - 89-463 - An ordinance amending Chapter 28 of the Legislative Code -pertaining to campaign contributions to provide for conformity to state statutes as to time limits for filing financial reports prior to primary and general elections. (Rules & Policy Committee recommends approval of substitute ordinance) No one aooeared in 0000sition: Laid over to June 1st for Final Adoption. Councilmember Goswitz arrived at this Point in the meeting. 39. Third Reading - 89-616 - An ordinance amending Section 41 of the Administrative Code Pertaining to government employee solicitation. (Rules & Policy Committee recommends aooroval of substitute ordinance) No one aooeared in 0000sition. Councilmember Sonnen referred to discussion 'held which changes the language pertaining to donations, and she moved the ordinance be amended showing the changes as previously discussed. - Rol l.call on the amendment. Adopted Yeas - 7 Nays - 0 Laid over to June 1st for Final Adootion. 40. Resolution - 89-933 - Approving with stipulations the transfer of Gas Station with one .additional pump and Cigarette Licenses currently held by Jay Montoetit dba The Downtowner CarWash located at .228 E. 7th Street to J -Mont, Inc. (J.W. Montpetit, Pres.) dba The Downtowner Car Wash. located at 520 E. 7th Street. No one aooeared in 0000sition. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays- 0 41. Resolution'- 89-934 Approving with stioulations application for 8 Additional Pumps .and. Grocery Licen4es applied for by J -Mont, Inc, dba The Downtowner Car Wash located at 520 E. 7th Street. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 - 296 - t May 25, 1989 34. Preliminary. Order - 89-931 — Sidewalk construction and/or reconstruction for both sides -of Charles Avenue from N. Milton to N. Chatsworth, and setting date of public hearing for July 6th. Councilmember Rettman moved approval of the Order. Adopted Yeas - 6 Nays - 0 35. Preliminary Order - 89-932 - Sidewalk construction and/or reconstruction for -parts of Eleanor, E. George and E. Wyoming, and setting date of oublic-hearing for:. July::6th.:, Councilmember Wilson moved approval of the Order. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 36. Third Reading :; 89-644 - An ordinance amending Chaoter 417 of the Legislative Code pertaining to parking. lots. (Community &Human Services Committee recommends approval of a substitute ordinance) - No one aooeared in 0000sition. Laid over to June 1st for Final Adoption. 37. Third:.Readin - 89-834 - An ordinance amendingSection 402.10 of the Legislative Code r.Dertaining_to.charitable gambling. (Community & Human Services Committee recommends approval) No one appeared in 0000sition.' Laid over to June 1st far Final Adoption. 38. Third Reading - 89-463 - An ordinance amending Chapter 28 of the Legislative Code -pertaining to campaign contributions to provide for conformity to state statutes as to time limits for filing financial reports prior to primary and general elections. (Rules & Policy Committee recommends approval of substitute ordinance) No one aooeared in 0000sition: Laid over to June 1st for Final Adoption. Councilmember Goswitz arrived at this Point in the meeting. 39. Third Reading - 89-616 - An ordinance amending Section 41 of the Administrative Code Pertaining to government employee solicitation. (Rules & Policy Committee recommends aooroval of substitute ordinance) No one aooeared in 0000sition. Councilmember Sonnen referred to discussion 'held which changes the language pertaining to donations, and she moved the ordinance be amended showing the changes as previously discussed. - Rol l.call on the amendment. Adopted Yeas - 7 Nays - 0 Laid over to June 1st for Final Adootion. 40. Resolution - 89-933 - Approving with stipulations the transfer of Gas Station with one .additional pump and Cigarette Licenses currently held by Jay Montoetit dba The Downtowner CarWash located at .228 E. 7th Street to J -Mont, Inc. (J.W. Montpetit, Pres.) dba The Downtowner Car Wash. located at 520 E. 7th Street. No one aooeared in 0000sition. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays- 0 41. Resolution'- 89-934 Approving with stioulations application for 8 Additional Pumps .and. Grocery Licen4es applied for by J -Mont, Inc, dba The Downtowner Car Wash located at 520 E. 7th Street. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 - 296 - May 25, 1989 51. Hearing to consider the request of Lunda Construction Company for a variance from the noise source limitations for construction of the Robert Street Bridge. Nina Thorson who resides at 886 Como Avenue appeared on behalf of her mother who resides at 111 E. Kellogg Boulevard, and she spoke in 0000sition to the variance and urged Council not to permit it. Peter Kischel of the Public Health Division aooeared and explained the variance request is for three to four weeks throughout the months of May, June and August for deadlines to be met and he said their recommendation is for approval. Upon question of Councilmember Rettman, there was some question as to enforcement of the variance if granted. CouncilmemberScheibei spoke in strong 0000sition to the variance. He stated he might agree to one or two nights but not to a blanket three month period. Councilmember Goswitz said he understands the work needs to get done but he feels there needs to be limitations.' Councilmember Dimond said .timelines were set without the variance at the time the Company bid for the job and he said he would consider looking -at specific times if the need arose. Upon question of Councilmember Wilson, Mr. Kischel suggested consideration of a certain number of 24-hour periods with the Comoany to report to the Health Division those specific dates in order for the Health Division to monitor the work. Councilmember Sonben moved that the variance request be amended to allow for six 24-hour oeriods within the three months requested with a 48-hour ore - notification to the Health Division in order to notify surrounding residents within a 500 foot area and if more than six days is needed to come back before Council with that request. Councilmember Dimond suggested not setting specific dates at this time as we need specifics to the type of work to be done and why. Councilmember Long said he is not comfortable with a blanket variance and he moved a one week layover in order to get specifics for the variance request with representatives from Lunda Construction to be Present at that time. Councilmember Scheibel spoke in agreement to the motion of Councilmember Long and he said the Health Division needs to negotiate with the construction company on specifics, and Mr. Kischel spoke in agreement to that statement. Roll 'call on the motion for a one week lay over to June lst. Adopted Yeas - 7 Nays - 0 Laid over to June 1st. 52. Petition of Mr. Kantner to rezone property located at 1800 Englewood from R -4 -to RT -2. Royer Ryan of PED appeared and presented his staff report and said staff feels this would be soot zoning and therefore are against the rezoning. Mr. Kastner appeared and presented background information and answered questions of Councilmembers. Councilmember Sonnen said Mr. Kantner has done a marvelous job with his property and these are unfortunate circumstances and she said we need to make improvements to our system and referred to the need for zoning checks on Truth in'Housing forms. Councilmember Sonnen referred to a letter of support received as well as community support for Mr. Kastner and said although this is a hard decision to make she said sees no error made by the Planning Commission. Upon request of Councilmember Goswitz, Jane McPeak said she cannot give legal advice to Mr. Kanter but she said he may consult his own lawyer and also file a claim with the City if he chooses. There was considerable discussion and Councilmember Long moved to deny the oetition to rezone property at 1800 Englewood. Adopted Yeas - 6 Nays - 1 (Goswitz) Councilmember Sonnen referred to definitions in the Legislative Code oertaining to zoning and household units, and Councilmember Scheibel said he sympathizes with Mr. Kanter but he said we need to go with our Zoning Code rules. #13142) Filed NFZ:;D I May 25, 1989 Councilmember Scheibel requested the rules be suspended to consider three resolutions not on the agenda Pertaining to one day extensions of service areas in con nction with Grand Old Day. o C unc3u nember Dimond moved susoension of the rules. Adopted Yeas - 7 Mays - 0- Resolu I tion - 89-963 - Approving the request by Parrott Corporation dba Scanlon's Irish Pub for. a One Bay Extension of Service Area for * Drboerty located at 656 Grand Avenue to the -outside front area on June 4, 19891fr6m 11:00 A.M. to 5:00 P.M in conjunction with Grand Old Day. Councilmember Dimond moved approval of the resolution. Adooted' Y60.7 7 Nays,- 0 Resolution - 89-964 - AoDrov I ing the request by RBS, 'Inc. dba Billy's On Grand for a One Day Extension of Service Area for Droperty located at 857 Grand Avenue tothd outside front Area 'on June 4, 1989 froM 11'.00 A.M. to 5:00,P.M. in conjunction With'Grand'Old Day. Counci Imember, Dimond moved approval of the resolution Adooted' Yeas-- 7 Kays : 0 Resolution 89-965 Approving the request by G M & H Inc. dba Grand Central for a One Day Extension of Service Area for orooerty located at 788 Grand,A4enue ii; to"tKi outside front area on June .4,' 198ao A..9 from m. to 5:0,0 P.m. in conjunction with Grand Old Day. ' Cduncilmembdr Dimond moved aooroval of the resolution. Adooted Yeas - 7 Nays'- 0 Cou6cilmemb&'Scheibel requested the rules besus ' pended to consider an item not on the agenda pertaining to the, appointment by the Mayor of Jeanne Hall to serve on,the C, 11 lnitilt.e.. C. ncilmeimber Dimond moved aouroval of the susoension.. Adooted Yeas - 7 Nays -, 0 Resolution -m 89,966 - Approving the aopointment.by the Mayor of Jeanne Hall to serve on the Long -Range tapital Improve;Pent Budget' Committee. Councilmember Dimond moved'aoor6val of the resolution. Adooted Yeas - 7 Nays - 0 ADDITIONAL ITEM Resolution - 89-923 - AoDroving application for the renewal of various On Sale Li4u or 'and supporting Class III Lf6enses for persons as listed. (Laid over from May 23rd) I No one appeared in Opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 13. Request of Gary Kastner.for a waiver to the street imorovement requirement for develooment of property on Skyway Drive south of Highwood. (Public Works Committee recomm6ndi denial) Councilmember Rettman explained Committed discussion and action and she noted Mr. Kastner was not preseht at the Committee meeting. Councilmember Dimond'said he sees no need for this item to be referred back to Committee. He said it is not consistent with'the previous River Corridor Plan nor the current Plan and this brooerty all along has been recognized as unbuildable. Councilmember Dimond gdve further background information on this item and said clearly we need to uphold the recommendation by the Public Works Committee to deny the request. on continued on following (Discussi c page) .. 0 299 �4hk l 13 May 25, 1989 t,r (Discussion continued from previous cage) Gary Kastner, 1623 Christie Place, appeared and said he checked with City offices before ourchasing the orpoerty and was told it was buildable. He said r the City errored in telling him that incorrect information and he urged Council to aoorove his request ,for a street waiver. the by Mr. Kastner be denied. 7"r p <: Councilmember Dimond moved that request Councilmember Long sooke in support of the motion. x Roll call to deny the waiver. 513143) ?i Adopted.: Yeas - 7 Nays - 0 (CC r,. 12. Resolution - 89-772 - Amending the 1989 CIB budget by transferring $150,000 for the paving of Pascal from Marshall to Concordia. (Public Works Committee submits to Council without recommendation) Councilmember Rettman explained Committee discussion and action said her recommendation is not to widen the street. Chris Nicosia of Public Works aoceared and said this resolution is the budget " for funding and he suggested adopting this resolution today and act on the width issues when they come before Council for approval. Councilmember Sonnen said there is a split in the business community on the widening of the streets and she requested a lay over, and Councilmember Goswitz said he would look into the issue. a Roll call on laying this resolution over one week to June 1st. Adopted Yeas - 7 Nays - 0 Laid over to June..lst. .z a 30. Resolution - 89-865 - Adopting financial policies of the St. Paul Capital Allocation Policy: 1990-1994 and directing its transmittal as listed. (Finance Committee recommends aooroval - Laid over from May 18th) Councilmember Long explained Committee actions and he distributed conies of amendments made to the Policy F3. Councilmember Sonnen referred to the CIB bonds and to concerns with the reduction of funds. Councilmember Dimond said he is a strong advocate of capital improvements in the City but we need to look at the context of taxes. Councilmember Rettman said this is a guideline to follow and she spoke in support of the amendment made by Councilmember Long, and Councilmembers Wilson and Goswitz also sooke in su000rt of the amendment. Councilmember Long moved approval of the amendment to Policy F3. s4 Adooted Yeas - 7 Nays - 0 Councilmember Long explained and moved aooroval of the amendments to Item C. Roll call. Adopted Yeas - 7 Nays - 0 Councilmember Long explained amendments to Policy F9 regarding UDAG repayments and he moved aooroval with an amendment adding language that it be citywide. strongly ri a r Councilmember Rettman said now is not the time for this change and she suggested leaving this policy untouched. in favor Councilmember Dimond strongly urged aooroval of the amendment and spoke back projects coming before r�kh a! of placing UDAG money in a citywide Pool with Councilon their own merit. Councilmember Sonnen referred to an established Community Reinvestment Fund and Uy; 4,i to the HRA oolicy on UDAG repayments and she suggested cooking into those two items to see how they affect this issue. to this b Councilmember Scheibel said he agrees now is not the time make •, amendment. Councilmember Wilson sooke in 0000sition to this change in Dolicy. Councilmember Long said this has been good discussion and he withdrew his motion on this amendment. he z Councilmember Long explained the new Policies F12, F13 and F14 and explained F12 is for the removal of rainleaders on City orooerty. a- si (Discussion continued on following page) - 300 - ,i May 25, 1989 (Discussion continued from orevious oage) There was considerable discussion and Councilmember Wilson said the situation, is not;.yet well enough understood and he urged _deletion to the reference to the riverfront, Councilmember Long said the amendment.was.out in for flexibility purposes and he. argued for it.,to„remain. There was further discussion and-Councilmember .Wilson, moved deletion of the $14. million. Councilmember Long accepted that as friendly: motion, and he moved aooroval of. the amendments to F12, F13, F14 with F9 to remain as it is. Roll call:: ,I Adopted Yeas—.7 NaYSL 0 Roll call on aooroval of the resolution as; amended Adopted Yeas;- 7 , Nays, -:;0 n� Councilmember._Oimond;moved that the meeting be adjourned. Adopted .: Yeas,- J Nays - 0, ADJOURNED A 111:05 A.M. ATTEST: Lou c ” " rest en :. . Copies sent to.Councilmembers-13,P-9. Minutes approved by Council 6-�%2-�ri: a Y Lp:omk , i 301 - f -_ P, ! S A _ MINUTES OF THE COUNCIL 9:00 A.M fix• MAY 30, 1989 § a COUNCIL CHAMBERS - CITY HALL & COURT HOUSE _,•y�i SAINT PAUL, MINNESOTA psi The meeting was called to order by President Scheibel at 9:00 A.M. x' Present - 6 - Council members Dimond, Long, Rettman, Scheibel , Sonnen, Wilson Absent - 1 - Councilmember Goswitz (arrived at a point during the meeting) ar APPROVAL OF MINUTES 5 1. Aooroval of minutes for City Council meetings of April 18, 20, 25 and 27, 1989. Counciimember Lon moved approval of the minutes. 9 Adopted _ Yeas - 6 Nays -_0 x APPLICATIONS - COMMUNICATION 2. Claim of F 0 Cheesebro .998 Bush Avenue, filed May 17, 1989, was read. Referred to the City Attorney's Office. !r {' I Claim of Michael Mosey, 5888,01d Lake Shore Rd., Lake View, NY 14085, filed May 1B, 1989, was read: Referred to the City Attorney's Office. Claim of Clarice Mudek, 2061: E. Minnehaha, filed May 17, 1989, was read. Referred to the City Attorney's Office. }i A Claim. of. Belen Paray, 8403 Innsdale Ave. 5.,. Cottage Grove, MN, filed May 18, r 1989, was read. Referred to the City Attorney's Office. 3. Corresoondence and documentation of Sharon Anderson. Filed (CC #13140) r' 4. Aooeal.of. Charles Rafferty to a_decision of the Heritage Planning Commission regarding the west wing of Gillette Hospital located at 1003 E: Ivy Street. Referred to the Housing & Economic Develooment,Committee. . 5. Letter of the City Attorney's Office announcing a date of public hearing .for June 30, 1989 before an Administrative Law Judge pertaining to possible adverse action :against licenses held by Leo' Gadbois dba Sweeney's Saloon located at 96 N. Dale. Filed (CC #13141) C"ITTEE REPORTS c " 6. Second Reading - 89-484 - An ordinance amending Section 167.01 of the Legislative Code and amending Ord. No. 17456 adopted May 26, 1987 by extending the commercial vehicle parking System to June 6, o permit for an additional year 1990 as it pertains to Special Parking'Permits. (Housing & Economic Development kk i rtl`d x Committee recommends approval Laid over :to June 1st for Third Reading. -- -'° 1� 7. Second :Reading - 89-485 - An ordinance amending Section 160.04 of the Legislative Code and amending Ord. No. 17457 adopted May 26, 1987 by extending the commercial vehicle narking permit system for an additional year to June 6, 1990 as it oertains to Parking Meter Zones. (Housing & Economic Development Committee recommends approval) Laid 1st over to June for Third Reading. 302 - -- i May 30, 1989 NEW BUSINESS - RESOLUTIONS 8. Resolution - 89-899 - Establishing the rate of oay for Building Controls Electrician in the Board of Eduration. (Second Reading & Adoption) Councilmember Wilson moved approval of the resolution. Roll call. . . Adooted Yeas - 6 Nays - 0 Councilmember Goswitz arrived at this Point in the meeting. 9. Resolution - 89-900 - Establishing the rate of pay for Master Building Controls Electrician in the Board of Education. (Second Reading & Adoption)_ Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 10. Resolution - 89-942 - Requesting the Mayor's Administration to work with industry representatives to resolve short term commercial vehicle parking problems with a report to Council by March 1, 1990- with 'proposed -solutions. Housing & Economic Development Committee recommends approval) ouncilmember.Wilson moved aooroval of the resolution. Adopted Yeas - 7 1 Nays 0 11. Resolution.- 89-943 - Aporoving.the appointment by the Mayor of Joseohier Brown as Director of the St. Paul Department of Human Rights. (FOR REFERRAL TO THE FINANCE COMMITTEE) Councilmember Long said he has scheduled the Finance Committee of the Whole meeting. on this issue for Wednesday, June 7th at 7:00 P.M. Referred to the Finance Committee. 12. Resolution - 89.944 -,Approving action by the Board of Appeals and Review taken April 11, 1989 and for properties located as listedoertaining to rainleaders, waiver of vacant building fee and extensions:of time. (FOR ACTION) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays. --0 13. Resolution - 89-945 - Approving action by the Board of Aooeals and Review taken April. 11, 1989.:and for orooerties located at 1060; Greenbrier, Saundra Port aooellant; 1816 Selby aka 16$-70 Fairview Ave. N.,,Roger-Hoy appellant; and 1664 Beech, Roxann Wigen appellant. (FOR ACTION) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 14. Resolution - 89-946 -'Supporting the position of Governor Peroich pertaining to the U of M sports facilities, encouraging the continued and expanded use of the St. Paul Civic Center for athletic events, and requesting the Mayor to form an ad hoc committee of reoresentatives as listed to study the feasibility of cooperation with the U NC DEVELOPMENT Cf M to MITTEhost hockey games. (FOR REFERRAL .TO THE HOUSING & ECOOMI Referred to the Housing & Economic Development Committee. 15. Resolution -.89-867 - Requesting the HRA, and Port Authority to consider and adopt replacement housing policies similar to St. Paul's. (Housing & Economic Develooment Committee recommends approval Laid over from May 18th) Councilmember Long requested this item be laid over and considered with another related ordinance, and Councilmember Sonnen also requested Item U19 on today's agenda be laid over to the same time to prepare analysis of State Legislation. Laid over one.week to June 6th. - 303 - May 30, 1989 16. Resolution - 89-947 - Authorizing proper City officials to deposit with the Clerk of District Court $8,250 for award granted to Eric J. and Julia M. Mattson for easement interest for property located on Chicago between Livingston and Robert Streets in conjunction with the Starkey/Plato Sewer Separation Project. MR ACTION) er White aooeared and said the property owner has drooped his objection and therefore this resolution is no longer necessary. - Councilmember Scheibel-withdrew the resolution. Withdrawn. e. 17. Resolution— 89-948 - Approving the appeal of Karen Tenter to a decision made by the Department of Public Works and granting a -waiver of street improvement requirements for develooment of Lot 7, Bl k. 19, Ridgewood Park. Addition located on Palace Avenue east of Lexington -Parkway: (FOR ACTION - Hearing held April 18th) Councilmember Long moved approval of the resolution; Adopted Yeas-- 7 Nays -.0 18. Resolution -!89-949 - Approving the appeal of Robert Walsh to a decision by the Planning Commission and granting modification of sign ordinance permitting a sign to extend above the maximum limit for property located at 216 W. 7th Street on the southeast side between Chestnut and Kellogg. (FOR ACTION - Hearing held May 11th) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS' 19. Third Reading - 89-760 - An ordinance enacting the replacement housing policy and providing procedures for its implementation. (Housing & Economic Develooment Committee recommends approval with amendments - Laid over from May 23rd) (see discussion on Item &15 above) Laid over one week to June 6th. 20. Third Reading - 89-859 - An ordinance amending Section 310 of the Legislative Code pertaining to license hearing procedures. (FOR ACTION) No one appeare in opposition. Laid over to June 6th for Final Adoption: 21. Hearing to consider the anneal of Mr. and Mrs. Hugh Keefer to a Summary Abatement Order for property located at 297 E. Morton. No one aooeared in 0000sition. John Betz aooeared and oresented his staff report and said this property was inspected last Friday and clean uo is well -underway but he recommended 'denial of the appeal in case the work is not completed. Councilmember Rettman said with that understanding she moved moved that the appeal be denied. Roll call. Adopted Yeas - 7 Nays - 0 22. Hearing to consider the aooeal of Maria Baxter to a Summary Abatement Order for property located at 932 Iglehart. Noone aooeared in 0000sition. Upon question of Councilmember Wilson, Mr. Betz stated he has not been in contact with Ms. Baxter. Councilmember Wilson said Ms. Baxter is in the process of obtaining license for the vehicle by June 1st, and Mr. Betz said that was also his understanding. Councilmember Wilson requested this item be laid over one week to June 6th. Laid over to June 6th. 304 - __ s May 30, 1989 23. Hearing to: consider the a*poeal of Laurel Ann March to a Summary Abatement Order for oroouti6S located at 230-232-234-231-23B-240 N. Dale Street. It was noted Laurel March was oresent in the CouncilChambers. John Betz appeared and explained the two orders issued to this orooerty and i ppresented his staff report. Ms. March aooeared and distributed information on her orooerty as well as the surrounding orooerties and she gave a history of *problems aW concerns she has. Upon question of Council member Wilson,. Ed Starr explained the City's Positions on the issue of the garage as well as the assessments. There was considerable discussion and Councilmember H a7thchandeCounty two week lay over in order for the City Attorney, meet, and,upon,request of Councilmember Wilson this item was referred to the Housing & Economic Develooment Committee. Referred ;to,the,Housing.& Economic Oevelopment,Comnittee. 24. Final Order - 89-950 - ImprovingLyton Place from Rice to Sylan, Atwater from Rice to Sylan, Hardenbergh Place from Lyton Place, to Atwater and Stellar from Lyton Place to Atwater by grading, Paving and constructing street lighting system and, sanitary, storm and,. water connections if requested in conjunction With the Sylvan/Acker CSSP project..(Public Works Committee recommends approval withamendments) No one aooeared. Councilmember Rettman moved approval of the amended Order deleting Lyton Place. Roll call. Adopted Yeas - 7 Ways - 0 25. Final Order - 89-951 - Improving Sargent between Snelling and Pascal .by„grading, paving and installing green lantern style street lighting system and constructing storm, .sewer or water connections if requested in Conjunction. with the Syndicate/Fairmount CSSP Project. (Public Works Committee recommends aooroval) Roger Chambers appeared and spoke in su000rt of the Order. Councilmember Sonnen moved aYeas al� f the order lVays - 0 Adopted 26. Final Order - 89-952 - Improving Selby between Howell and Fairview by grading, oaving and installing green lantern street lighting system and storm, sanitary and water connections if requested in conjunction with the Cleveland/Portland CSSP project. (Public Works Committee recommends approval) A resident of the Selby and Howell area appeared and spoke in support of the Order. „ Councilmember Sonnen moved aYoerasval� f the Order Nays - 0 Adopted 27. Resolution - 89-953 Ratifying and confirming condemnation and taking permanent utility easements in conjunction with the Marshall/Hamlin Area Sewer Separation project and rescinding C.F. 69-170 adopted, January 31, 1989. (Public Works Committee recommends approval) No oneappeared. Counci 1 member Sonnen moved approvalof the resolution. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-954 - Ratifying assessment of Summary Abatements for snow removal and/or sanding sidewalks during the winter of 1988 and 1989 for Properties located at 968 Hague and 571 W. Wheelock Parkway only. (Laid over from May 18th) No, oro one aooeared. John Befi ,said he spoke with Mr. Robinson, owner of oerty located at 966 Hague, -who said he no longer resides at that address and he said Mr. Robinson is (Discussion continued on following page) 305 S r — 306 — l t k May 30, 1989 Vi4{ i. `ry (Discussion continued from previous gage) not in objection to the assessment but he exoressed concern his current mailing d9 4: �sr address is not on the tax records. Mr. Betz also said he has been informed the property at 571 Wheelock Parkway being is sublet and the individual living there is forwarding mail to England and he said by' that time work had been completed by the City, and he said his recommendation is for ratification of assessment on i both addresses. Council a member Wilson said he spoke with Mr. Robinson of 968 Hague and his name is now current on the tax records and he moved aooroval of the resolution. Councilmember Rettman spoke in su000rt of the motion. Roll call. w� Adopted Yeas - 7 Nays - 0 U 29. Resolution - 89-955 - Approving aoolication for the renewal of various Class III licenses as listed. q No one aooeared in 0000sition. councilmeinber Rettman moved`iooroval of the resolution. ` t. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-956 - Approving aoolication for Class B Gambling License applied for by Climb,- at' Joe & Sten's'locatedat 949 W. 7th Street. z; No one appeared in 0000sition. Councilmembers Dimond and Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-957 - AoDrovinq aoolication for Class A Gambling Location License aoplied for by Joe & StarPs,'lnc. dba Joe & Stan's located at 949 W. 7th Street. ' No one appeared in 0000sition. Councilmembers Dimond and Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 32. i Resolution - 89-958 - Approving aoolication for Gambling Manager's License applied for by D. Joe Haller dba Climb Theatre at Joe & Stan's located at 949 W. a 7th Street. No one aooeared in 0000sition. Councilmembers Dimond and Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 33. Resolution - 89-959 - Approving the renewal of On Sale Liquor, On Sale Sunday Liquor, Entertainment I and Restaurant Licenses issued to St. Clair Prooerties, f Inc. dba Gallivan's Restaurant located at 354 Wabasha. No one aooeared in 0000sition. Councilmembers Rettman and Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 34. Resolution - 89-960 - Approving aoolication for Four Additional Gas Pumps applied for by Fina Serve, Inc, dba rinaServe located at 2111 Ford Parkway. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 £ 35. Resolution - 89-961 - Approving with condition aoolication for Second Hand Motor Vehicle Dealer Parts License applied for by Steve Land dba Prospect Towing and Tire b Co. located at 2565 Franklin. No one aooeared in opposition. Councilmembers Dimond and Sonnen of the Ya +r moved approval resolution. Adopted Yeas - 7 Nays - 0 asu r — 306 — May 30, 1989 36. Resolution - 89-962 - Aooroving with stioulations aoolication for Second Hand Motor Vehicle Dealer License applied for by:Bernies'Car Cleanup & Soecial Interest'Auto, Inc. dba Special Interest Auto located at 666. Arcade: No'one.aooeared in ppppsiti0n. Counci.lmember Long'moved approval of the resolution. Adopted. Yeas - 7Nays.- 0 Councilmember Long moved that the meeting be adjourned. Roll call Adopted' Yeas - 7 Nays - 0 AD(J0UU-RIN/EDD ATT 9:45 P.M. ATTEST: qi k Fes ee /1 Copies sent to CounciImembers /n '/3 - tel Mihutes aooroved by Council yy ABO omk� - 307 - nq"' ' s 4 '0� Xs MINUTES OF THE COUNCIL ' u 9:00 A.M z JUNE 1, 1989 r COUNCIL CHAMBERS -CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA f' The meeting was called to order by President Scheibel at 9:00 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0' s ORDINANCES ' 1. Final Adoption - 88-1674 - An ordinance amending Chapter 409 of the Legislative i' Code oertainingg to regulating the sale of alcoholic beverages and the conduct of y e - licensedestablishments. (Laid overfrom May 25th) Councilmember Sonnen said has sooken with Phil Byrne who explained to her if the i £ i entire paragraph in Section E were deleted it would allow State law to take over and with that understanding Councilmember Sonnen moved that the ordinance be amended by deleting the paragraph in Section E. Roll call on the amendment. Adopted Yeas - 7 Nays - 0 Laid over to June 8th for Final Adoption. j 2. Final Adoption - 89-644 - An ordinance amending Chapter 417 of the Legislative 3 Code oertaining to parking lots. (Community & Human Services Committee recommends aooroval of substitute ordinance) Councilmemtier Goswitz moved amending Section 2.B by adding the language including structural review requirement of Certificates of Occupancy". �. Roll call on the amendment. Adooted Yeas 7 Nays - 0 is Laid over to June 8th for Final Adoption. 3. Final Adoption - 89-B34 - An ordinance amending Section 402.10 of the LegislativeCode oertaining to charitable gambling. (Community & Human Services j. Committee recommends aooroval) Councilmember Rettman moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17652 4. Final Adoption - 89-463 - An ordinance amending Chapter 28 of the Legislative Code pertaining to campaign contributions to provide for conformity to state statutes as to time limits for filing financial reports prior to primary and general elections. (Rules & Policy Committee recommends approval of a substitute ordinance) It was noted by the City Clerk that a bill was gassed in Legislature and this 4 ordinance is in conformity. Roll call. Adopted Yeas - 7 Nays - 0 Ord. #17653 {4^c� 5. Final Adoption - 89-616 - An ordinance amending Section 41 of the Administrative n x )� Code Pertaining to government employee solicitation. (Rules &Policy Committee nor. recommends aooroval of a substitute ordinance) Councilmember Long moved aooroval of the ordinance. Adopted: Yeas - 7 Nays - 0 Ord. #17654 i r ori - 308 - s N 0 June 1, 1989 6. First Reading - 89-967 - An ordinance amendi Code pertaining to campaign contributions. (I COMMITTEE) Upon question of Councilmember Sonnen, Councilmember Scheibel explained the key elements of this ordinance, and after some discussion the ordinance was referred to the Rules & Policy, Committee. Referred to the Rules & Policy Committee. APPLICATIONS - CONKINICATION 7. Letter of the State Deoartment of Revenue transmitting Application No. 339754 of Richard Simmer for Northwestern Bell Teleor phone Company freduction of assessed valuation for certain real estate in the City. A letter from Dave Nelson of the Valuation Engineer's Office was noted. Filed (CC #13147) B. AoDeal of Mildred Jackson to a summary abatement order for property located 856 Carroll. Councilmember Wilson moved a date of public hearing be scheduled for June 15th. Adopted Yeas - 7 Nays - 0 CObM1ITTEE REPORTS 9. Resolution - 89-602 - Approving the reappointments by the Mayor of Gerald Beedle, Robert Reistad, Thomas Delaney and James Yannarelly to serve on the Examining Board of Truth in Housing Evaluators. (Housing & Economic Development Committee recommends approval) Councilmember Dimond mooed aooroval of the resolution. Adopted Yeas -.7 Nays - 0 10. Resolution -'89-690 - Authorizing proper City officials to execute an agreement with the City of Minneaoolis agreeing to cooperate in 'participation with the Twin City Area Urban Corps Program. `Housing & Economic Development Committee recommends aooroval) Upon question of Councilmember Goswitz, Councilmember Wilson explained this resolution is for funds to be exoehded for a working relationship with the Urban Corps, and Councilmember Long stated funds for this already are in the budget. Roll call. Adopted Yeas - 7 Nays - 0 11. Resolution - 89-691 - Authorizing orooer City officials to execute an agreement with Ramsey County agreeing to cooperate in oarticioation with the Twin City Area Urban Corps Pro ram and appropriating funds to the administration of said program. (Housing &Economic Development Committee recommends approval) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas -7 Nays - 0 12. Resolution - 89-708 - Approving the 1988-1991 Housing Assistance Plan and Droviding for the development of a new Housing Plan element of the Comprehensive Plan. (Housing & Economic Development Committee recommends approval with amendments) Councilmembers Dimond and Wilson moved approval of the resolution. Adopted Yeas -7 Nays - 0 13. Resolution - 89-628 - Adopting the amended Recreation Section of the District 14 Plan as part of the St. Paul Comprehensive Plan. (Housing & Economic Development Committee recommends aooroval) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas -7 Nays - 0 - 309 - t" K x4 i s N 0 June 1, 1989 6. First Reading - 89-967 - An ordinance amendi Code pertaining to campaign contributions. (I COMMITTEE) Upon question of Councilmember Sonnen, Councilmember Scheibel explained the key elements of this ordinance, and after some discussion the ordinance was referred to the Rules & Policy, Committee. Referred to the Rules & Policy Committee. APPLICATIONS - CONKINICATION 7. Letter of the State Deoartment of Revenue transmitting Application No. 339754 of Richard Simmer for Northwestern Bell Teleor phone Company freduction of assessed valuation for certain real estate in the City. A letter from Dave Nelson of the Valuation Engineer's Office was noted. Filed (CC #13147) B. AoDeal of Mildred Jackson to a summary abatement order for property located 856 Carroll. Councilmember Wilson moved a date of public hearing be scheduled for June 15th. Adopted Yeas - 7 Nays - 0 CObM1ITTEE REPORTS 9. Resolution - 89-602 - Approving the reappointments by the Mayor of Gerald Beedle, Robert Reistad, Thomas Delaney and James Yannarelly to serve on the Examining Board of Truth in Housing Evaluators. (Housing & Economic Development Committee recommends approval) Councilmember Dimond mooed aooroval of the resolution. Adopted Yeas -.7 Nays - 0 10. Resolution -'89-690 - Authorizing proper City officials to execute an agreement with the City of Minneaoolis agreeing to cooperate in 'participation with the Twin City Area Urban Corps Program. `Housing & Economic Development Committee recommends aooroval) Upon question of Councilmember Goswitz, Councilmember Wilson explained this resolution is for funds to be exoehded for a working relationship with the Urban Corps, and Councilmember Long stated funds for this already are in the budget. Roll call. Adopted Yeas - 7 Nays - 0 11. Resolution - 89-691 - Authorizing orooer City officials to execute an agreement with Ramsey County agreeing to cooperate in oarticioation with the Twin City Area Urban Corps Pro ram and appropriating funds to the administration of said program. (Housing &Economic Development Committee recommends approval) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas -7 Nays - 0 12. Resolution - 89-708 - Approving the 1988-1991 Housing Assistance Plan and Droviding for the development of a new Housing Plan element of the Comprehensive Plan. (Housing & Economic Development Committee recommends approval with amendments) Councilmembers Dimond and Wilson moved approval of the resolution. Adopted Yeas -7 Nays - 0 13. Resolution - 89-628 - Adopting the amended Recreation Section of the District 14 Plan as part of the St. Paul Comprehensive Plan. (Housing & Economic Development Committee recommends aooroval) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas -7 Nays - 0 - 309 - =v M in Council without recommendation - Laid over from May 25th) Councilmember Sonnen gave a brief history and moved approval of this and the H% $ following related resolution. x�Professional Councilmember. Scheibel spoke in agreement to comments made by Councilmember Sonnen and that he is comfortable with a 36 foot width but that it does not �a e preclude other options available in the future. Reading) Vic Witgenstein of the Parks & Recreation Division appeared and urged Council to Dave Less aooeared and stated he owns a business located at Pascal and Iglehart and he spoke in favor of a wider street in order for trucks to be able to make S turns better and because of snow conditions in the winter months; and Councilmember Sonnen stated the City's Engineer Office stated that trucks can y�X,- make orooer turns at 36 feet. Councilmember Dimond said there has been much discussion on this items already and he said access and egress is better at 36 feet with no parking on one side. G Councilmember Goswitz spoke in ooposition to the motion and said he believes 44 3 ft. would be better for trucks turning as well as snow storagge. "wiN There was further' discussion and agreement to vote on items 14 and 15 separate. June 1, 1989 Adopted Yeas - 7 Nays - 0 15. Resolution - 89-623 - Amending C.F. 88-1757 by changing the width of 14. Resolution - 89-772 - Amending the 1989 CIB budget by transferring $150,000 for Concordia. (Public Committee submits to y paving Pascal from Marshall to Works =v M in Council without recommendation - Laid over from May 25th) Councilmember Sonnen gave a brief history and moved approval of this and the H% $ following related resolution. x�Professional Councilmember. Scheibel spoke in agreement to comments made by Councilmember Sonnen and that he is comfortable with a 36 foot width but that it does not �a e preclude other options available in the future. Reading) Vic Witgenstein of the Parks & Recreation Division appeared and urged Council to Dave Less aooeared and stated he owns a business located at Pascal and Iglehart and he spoke in favor of a wider street in order for trucks to be able to make continue the readings on this resolution. turns better and because of snow conditions in the winter months; and Councilmember Sonnen stated the City's Engineer Office stated that trucks can r make orooer turns at 36 feet. Councilmember Dimond said there has been much discussion on this items already and he said access and egress is better at 36 feet with no parking on one side. G Councilmember Goswitz spoke in ooposition to the motion and said he believes 44 3 ft. would be better for trucks turning as well as snow storagge. "wiN There was further' discussion and agreement to vote on items 14 and 15 separate. Roll call Adopted Yeas - 7 Nays - 0 15. Resolution - 89-623 - Amending C.F. 88-1757 by changing the width of construction. on Pascal from Marshall to Concordia from 44 feet with parking on both sides to 36 feet with parking on one side. (Public Works Committee submits to Council without recommendation with amendments) (See discussion above) Roll call Adopted Yeas- 6 Nays- 1 (Goswitz) NEW BUSINESS - RESOLUTIONS 16. Resolution - 89-96B - Aooroving ISD No. 625 1988-1989 Compensation Resolution pertaining to confidential and unclassified supervisory employees. (FOR ACTION 310 - - First Reading) Laid over to June 8th for Second Reading & Adoption. 17. Resolution - 89-969 - Amending Section 6.8 of the Civil Service Rules pertaining to Parking Enforcement Officer. (FOR REFERRAL TO THE FINANCE COMMITTEE — First Reading) Referred to the Finance Committee. 18. Resolution - 89=970 - Changing the rate of Day for Fire Training Assistant in the Solar Plan and Rates of Compensation Resolution to Grade 37, Section ID6. (FOR REFERRAL TO THE FINANCE COMMITTEE - First Reading) Referred to,theF.inance Committee. the 19. Resolution - 89-971 - Establishing the rate of pay for Golf Pro anger Section ID4 of the x�Professional Salary Plan and Rates of Comoensation Resolution in Grade 11, Employees Supervisory Standard Ranges. (FOR ACTION — First �a e Reading) Vic Witgenstein of the Parks & Recreation Division appeared and urged Council to r 4y f continue the readings on this resolution. y: Councilmember Long stated he will add this on his Committee agenda for Monday, '& r ` June 5th with the Second Reading Adoption to continue. Council to G 3 Mike O'Brien, attorney for golf pro Nora McGuire, appeared and urged "wiN continue the readings. Laid over to June 8th for Second Reading & Adoption. t a 310 - June 1, 1989 20. Resolution - B9-972 - Establishing the rate of pay for Human Rights Specialist in the Salary Plan and Rates of Compensation Resolution. (FOR EFERRAL TO THE FINANCE COMMITTEE - First Reading) Referred to the Finance Committee. 21. Resolution - 89-973 - Amending the 1989 budget by adding $20,000 to the Financing & Soending Plans for Citywide Data Processing Special "Projects. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee.' 22. Resolution- 89-974 - Amending the 1987 and 1989 CIB budgets by adding $250,000 to Contingent Reserve for rainleader disconnection. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 23a. Resolution - 89-975 - Approving the appointment of Edward J. Warn to the position of Executive Assistant to the Mayor effective June 2, 1989.(FOR ACTIONI Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 24. Resolution - 89-976 - Authorizing orooer City officials to enter into an agreement with the State Department of, Transoortation for State"s share of sewer construction costs on the 1987 Arcade-Minnehahi Sewer Separation project. (FOR ACTION) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 25. Resolution - 89-977 - Authorizing orooer City officials to execute an agreement with the State Department of Corrections of Oak Park'Heights Correctional' Facility for the continuation of the Division of Library's lending library relationship. (FOR ACTION) Adopted Yeas - 7 Nays - 0 26. Resolution - 89-978 - Approving amendments to the Cable Access St. Paul Inc. By - Laws as or000sed by ,the CASP Board of Directors on May 29, 1986. (FOR REFERRAL TO, THE PUBLIC WORKS COMMITTEE)' Referred to the Public Works Committee. 27. Resolution - 89-979 - Aporovin amendments to the Cable Access St. Paul Inc. By Laws as or000sed by the CASP Board of Directors on May 9, 1989. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 28. Resolution - 89-980 - Authorizing orooer City officials to execute an agreement with the State Department of Transoortation for City's share of costs of sewer and bridge work on I-94 between the Lafayette Bridge and Third Street. (FOR ACTION) Referred to the Public Works Committee. 29. Resolution - 89-981 - Referring the Highwood Task Force Report to the Planning Commission, requesting the Planning Commission to review said report and conduct a "40 -acre study on it and report their findings to the Council within 90 days, and thanking and commending; the Highwood Task Force for their efforts and quality of the report. (Housing & Economic Development Committee recommends approval) Councilmember Dimond moved approval of the resolution. Adopted Yeas -7 Nays - 0 311 - June 1, 1989 30. Resolution - 89-982 - Aooroving Port Authority revenue bonds in the amount of $3,375,000 for the acquisition of a new printingpress for H.M. Smyth Company located at 1085 N. Snelling. (Housing & Economic Development Committee recommends aooroval) Councilmember Sonnen moved approval of the resolution. Adopted Yeas -7 Nays - 0 31. Resolution - 89-983 - Affirming the order of the Division of Health and ordering Betty Miller to clean her property located a d2to5cleao itand uoin the (FOR event ACTIthe .or k is not completed the City may , Hearing held May 2nd) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas -7 Nays - 0. 32. Resolution - 89-984 - Affirming the order by the Division of Health and ordering Warren and Carol Schuldt to clean up orooerty located at 444 S. Point Douglas Road .within 30 dayswith retaining wall to remain and in the event the work is not comoleted the City may proceed to clean it up. (FOR ACTION - Hearing held April 25th) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas, -7 . Nays - 0 33 RestheoTort Liability fund in fulli settlement of his'50 aim Robert E. roll from ACTION) Councilmember Long moved aooroval of the resolution. Adooted Yeas -7 Nays - 0 34. Resolution - 89-986 - Authorizing oayment of $1,725.87 to Neil Yaeger and State Farm Ins. Co. from the Tort Liability fund in full settlement of their claim. (FOR ACTION) Councilmember Long moved approval of the resolution. - 0 Adopted -7 Hays 35. Preliminary Order - 89-987 - Sidewalk construction and/or reconstruction for oarts of Barclay, N. Howard, Lake, Manitou, Ruth, E. Seventh and E. Third, and setting date of public hearing for July 11th. Council member Goswitz moved aooroval of the Order. Adooted Yeas -7 Nays - 0 36. Preliminary Order - 897988 - Sidewalk construction and/or reconstruction for parts of E. Arlington, Barclay, E. Cottage, E. Hawthorne, E. Idaho, Nebraska, E. Orange, Reaney, LaCrosse and Nokomis, and setting date of public hearing for July 11th. Councilmember Goswitz moved approval of the Order. Adooted Yeas -7 Nays -.0 38. Resolution - 89-989 - Approving assessment for demolition of vacant building through :the month of April 1989, property located at 520 Kent, .and setting date of public hearing for July 11th.. Councilmember Goswitz moved aooroval of the Order. Adooted Yeas -7 Nays - 0 PUBLIC HEARINGS 39. Third Reading 89-484 - An ordinance amending Section 167.01 of the Legislative Code and amending Ord. No. 17456 adooted May 26, 1987 by extending the commercial vehicle parking permit system for an additional year to June 6, 1990 as it pertains to Special Parking Permits. (Housing & Economic Develooment Committee recommends aooroval) No one appeared in opposition. Laid over to June 8th for Final Adootion. - 312 - i a. 4 i t t June 1, 1989 30. Resolution - 89-982 - Aooroving Port Authority revenue bonds in the amount of $3,375,000 for the acquisition of a new printingpress for H.M. Smyth Company located at 1085 N. Snelling. (Housing & Economic Development Committee recommends aooroval) Councilmember Sonnen moved approval of the resolution. Adopted Yeas -7 Nays - 0 31. Resolution - 89-983 - Affirming the order of the Division of Health and ordering Betty Miller to clean her property located a d2to5cleao itand uoin the (FOR event ACTIthe .or k is not completed the City may , Hearing held May 2nd) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas -7 Nays - 0. 32. Resolution - 89-984 - Affirming the order by the Division of Health and ordering Warren and Carol Schuldt to clean up orooerty located at 444 S. Point Douglas Road .within 30 dayswith retaining wall to remain and in the event the work is not comoleted the City may proceed to clean it up. (FOR ACTION - Hearing held April 25th) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas, -7 . Nays - 0 33 RestheoTort Liability fund in fulli settlement of his'50 aim Robert E. roll from ACTION) Councilmember Long moved aooroval of the resolution. Adooted Yeas -7 Nays - 0 34. Resolution - 89-986 - Authorizing oayment of $1,725.87 to Neil Yaeger and State Farm Ins. Co. from the Tort Liability fund in full settlement of their claim. (FOR ACTION) Councilmember Long moved approval of the resolution. - 0 Adopted -7 Hays 35. Preliminary Order - 89-987 - Sidewalk construction and/or reconstruction for oarts of Barclay, N. Howard, Lake, Manitou, Ruth, E. Seventh and E. Third, and setting date of public hearing for July 11th. Council member Goswitz moved aooroval of the Order. Adooted Yeas -7 Nays - 0 36. Preliminary Order - 897988 - Sidewalk construction and/or reconstruction for parts of E. Arlington, Barclay, E. Cottage, E. Hawthorne, E. Idaho, Nebraska, E. Orange, Reaney, LaCrosse and Nokomis, and setting date of public hearing for July 11th. Councilmember Goswitz moved approval of the Order. Adooted Yeas -7 Nays -.0 38. Resolution - 89-989 - Approving assessment for demolition of vacant building through :the month of April 1989, property located at 520 Kent, .and setting date of public hearing for July 11th.. Councilmember Goswitz moved aooroval of the Order. Adooted Yeas -7 Nays - 0 PUBLIC HEARINGS 39. Third Reading 89-484 - An ordinance amending Section 167.01 of the Legislative Code and amending Ord. No. 17456 adooted May 26, 1987 by extending the commercial vehicle parking permit system for an additional year to June 6, 1990 as it pertains to Special Parking Permits. (Housing & Economic Develooment Committee recommends aooroval) No one appeared in opposition. Laid over to June 8th for Final Adootion. - 312 - i a. I.V`( June 1, 1989 r 40. Third Reading - 89-485 - An ordinance amending Section 160.04 of the Legislative Code and amending Ord. No. 17457 adooted May 26, 1987 by extending the commercial vehicle parking oermit system for an additional year to June 6, 1990 w as it pertains to Parking Meter Zones. (Housing & Economic Develooment Committee recommends approval) r r No one appeared in opposition. Laid over to June 8th' for Final Adootion. 41. Hearing to consider the request of Lunda Construction Company for a variance from " the noise source limitations for construction of the Robert Street Bridge. (Laid over from May 25th) Peter Kischel of the Public Health Division appeared and said he spoke with representatives of Lunda Construction and expressed concerns of the Council h and he noted they are present today to answer questions. Bruce Rile of Lunda Construction Company appeared and said with the variance they 1 would work all night for a period of one month per section, and he said with the Wabasha Street construction this oroject is already one week behind schedule. Upon questions of Council members,'MrRile stated he was . aware of the limitations when he bid for the job, he stated the penalties far not meeting the 1990 cpmp]etion date and he said they will be closing Sheoard Road this weekend for some of the bridge work.. Leann Raywirtz, Assistant Manager of the Kellogg Square Apartments, aooeared and spoke in opposition to granting the 24 hour variance. Gretchen Thorson, a resident at Kellogg Square Aoartments, appeared and sooke in 0000srtion to granting the variance and suggested arrangements that could be made. v ' Joyce Webb, a resident of the Kellogg Square Aoartments, aooeared and spoke in 0000srtion to granting the variance. Peggy Shay, a resident of the Kellogg Square Apartments, at) eared andsookein 0000srtion to granting the variance. p' Councilmember Rettman said she cannot aoorove an open-ended 24 hour variance as it would be too noisy to theneighborhoodand too hard to monitor without provisions. Upon question of Councilmember Wilson, Mr. Kischel referred to highway construction that had 24 hour a variance for convenience of traffic. Councilmember Wilson spoke in support of limiting the variance as much possible. as Frank Staffenson of the Health Division aooeared and said if .the construction company kept within the the Yaise parameters of ordinance they will not be in violation.' Councilmember Dimondsuggested staying with the 7:00 A.M. to 10:00 P.M. parameters with a 6 hour bank to be used uoon notice to,the Public Works Department and when that .6 hours is used -up.to come before Council to request further hours. Councilmember Scheibe] recommended denial of the variance before us today but said he would be willing to look at another request.with soecifics outlined. Councilmember Sonnen said she would prefer this item be laid over for the construvariancecisotimely and costly.to line Sheso ifics said afterbecause today sheefeelsinfor another i' the construction company knows our concerns and feels we are close to an understanding. Mr. Staffenson urged Council .to amend the variance before them today to the hours of 6:00 A.M. to 11:00 P.M. with a 48 hour notification. — Councilmember Dimond said unless there is a soecific reason for a variance we should not grant this request today and he moved the request be denied stating, i consideration be given when and if specifics come before us in the future. Councilmember Scheibel stated he would go with a 2 week layover and at that w `a time have specifications before us to act on. Councilmember Long 0 moved a two week layover to June 15th. Roll call. 4 zi Adooted Yeas - 6 Nays - 1 (Goswitz) Laid over to June 15th. 313 - June 1, 1989 42. Hearing to consider the oetition by B B & D Investments to rezone property located at 1187 N. Dale from R-4 to B-3 to Permit development of a restaurant, retail stores and convenience store with gas pumps. Chuck McGuire of PED appeared and gave a slide presentation and his staff report. State Reoresentative Osthoff aooeared and urgedCouncil to deny this petition and he noted there is a gas station and a speedy market located with 1-1/2 i blocks of this site. Councilmember Rettman said there has been considerable discussion on this subject and she stated this site is the gateway to Como Park and is a single family area and she moved denial of the petition as well as making it clear the District Council is also in strong opposition to a B-2 zoning. Councilmember"Sonnen referred to the PED staff working on a 40 -acre study as it pertains to strip malls and said it will be aoorooriate to consider that when it comes before us. Roll call on the motion to deny the petition to rezone. Adooted Yeas - 7 Nays - 0 43. Hearing to consider the petition by Michael Killa to rezone orooerty located at 2047 Grand Avenue from RM -2 to B -2C to permit use of one-half of the two family dwelling as office space. Chuck McGuire of PED aooeared and requested a layover to June 22nd and after some discussion there was agreement this hearing would be laid over to Tuesday, June 27th. Laid over to June 27th. 44. Hearing to consider the appeal of District 2 Community Council to a determination by the BZA that Boston Health Care Semi- Independent Living Services located at 1331-1335 E. Maryland is not a Community Residential Facility. (Laid over from May 11th) Councilmember Scheibel said this item is being laid over to June 8th and Mary Bunnell of PED stated that was his understanding also and that he will be sending notification of that hearing date. The attorneyfor Boston Health Care appeared and requested that he receive a copy of the staff reoort before that date and he stated no objection to the layover. Laid over to June 8th. 45. Resolution - 89-990 - Ordering the repair or demolition of Property located at 976 E. Minnehaha. (FOR ACTION) Steve Roy aooeared and distributed photographs and said the structure has received siggnificant fire damage and stated there are outstanding vacait building registration fees unpaid and he recommended repair or demolition within 30 days. Rosella Weller aooeared and said she lives next door and said this structure has been a disaster since the fire. She stated that grass has not been cut yet this year and she referred to children breaking into the home. She said she is trying to sell her orooerty and feels this structure is a detriment to her selling it. Sandra Maki, 1969 E. Minnehaha, aooeared and said this is an eye -sore to the neighborhood and she also expressed concern that children are breaking into the home... Ron Wagner of District 4 aooeared and urged the demolition of this structure and said it has been a oroblem orooerty for a very long time. John Markert, attorney representing the owners of the structure, aooeared and exolained complications due to trying to sell this orooerty on a contract for deed and he stated after talking with City staff today he is recommending to his clients to go ahead with the demolition as soon as Possible. There was considerable discussion regarding the length of time needed to Process the resolution ordering the demolition. (Discussion continued on following page) - 314 - June 1, 1989 Discussion continued from previous nage) i t Councilmember Long left the meeting at this point and returned later. $ Jane McPeak stated that when setting a date for demolition that consideration needs to be given to our guidelines regarding notification. approval of the resolution. ry Councilmember Dimond moved Roll call. Yeas - 6 Nays - 0 Adopted s 46. FinalOrder - 89-991 - Condemning and taking temporary easements under and 20 ft. Lots 10-20, Blk.. 8, Merrill's Division of Rice Street across the west of Villas in conjunction with the Albemarle/Nebraska Area Storm Sewer project. (Public Works Committee recommends approval) lz No oneappeared in 0000sition. Councilmember Rettman moved aooroval of the Order. �• T., Adopted Yeas - 6 Nays - 0 47. Resolution - 89-992 -Ratifying assessment for sidewalk construction and/or both of Eustis from Doane to St. Anthony Frontage Road. ? reconstruction on sides (Laid over from May 11th) No one aooeared in 0000sition. moved f the Order Councilmember Sonnen approvalfi Nays - 0 Adopted" 'as - 0 48. Resolution - 89-993 - Ratifying assessment for construction of storm sewer in with the Cleveland/St. Clair Area Storm Sewer system connections conjunction Separation project. (Public Works Committee recommends approval) No one apoeared`in 0000sition. of the Order. z Councilmember Sonnen moved approval 'Nays - 0 Adopted Yeas - 6 49. Final Order 89-994'- Removing and reconstructing existing structua'lly deficient trestle and retaining walls, walks, railings and lighting over bridge (Public Works Committee recommends between Payne and Mounds Boulevard. aooroval) No one aooeared in 0000sition. Councilm6nber Dimond moved aooroval of the Order. Adopted Yeas - 6 Nays; 0 Councilmember Long returned to the meeting at this point. 50. Resolution - B9-995-;AoProving`application for Class A Gambling Location by A & K Liquors and'H & M Liquors dba House of Morgan License aoolied'for located at 741 Edmund. " ? No one aooeared in 0000sition:` Christine Rozack of the License Division stated they are recommending approval. Councilmember Wilson moved aooroval of the resolution. p� Adopted Yeas - 7 Nays - 0 z�p 51. Resolution - 89-996 - Aoorovingg application' for State Class B Gambling License St. Bernard at the House of Morgan located at 741 applied for by the Church of E&und. No one aooeared in 0000sition. Rozack of the License Division stated they are recommending approval. i b - Christine Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 v 315 - June 1, 1989 52. Resolution - 89-997 - Aoorovin application for Gambling Manager's License 89 House of Morgan C'r located at 741 Edmund. J �• No one appeared in 0000sition. Christine Rozack of the License Division stated they are recommending approval. Councilmember Wilson moved aooroval of the resolution. r Adopted Yeas - 7 Nays - 0 @ 53. Resolution - 89-998 - Aooroving application for General Repair Garage License Store located at applied for by Firestone Tire & Rubber Company dba Firestone 2269 Ford Parkway. June 1, 1989 52. Resolution - 89-997 - Aoorovin application for Gambling Manager's License 89 House of Morgan applied for Rupert Strobel dba Church of St. Bernard at located at 741 Edmund. J �• No one appeared in 0000sition. Christine Rozack of the License Division stated they are recommending approval. Councilmember Wilson moved aooroval of the resolution. r Adopted Yeas - 7 Nays - 0 @ 53. Resolution - 89-998 - Aooroving application for General Repair Garage License Store located at applied for by Firestone Tire & Rubber Company dba Firestone 2269 Ford Parkway. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 54. Resolution -- 89-999 -Aoproving the transfer of On Sale Liquor, On Sale Sunday issued to Polo Club Liquor, Restaurant and Entertainment III Licenses currently St. Paul, Inc. dba Largo Yacht Club at 198 N. Western (Maurice Fung, Pres:) of to 'LindyInc. dba Shin On's (Lawrence Lindberg, Pres.) located at theEnterprises, same address. It was noted this resolution was placed on the agenda in error and is scheduled on the Council agenda for Tuesday, June 6th. Laid over to June 6th. 55. Resolution - 89-1000 - Aooroving application for the renewal of Gas Station, for by Dan Burns dba Additional Pumps and General Repair Garage Licenses aoolied May 4th) Amoco at 1191 Randolph. (Laid over from Noone aooeared. Councilmember Long said amendments have been agreed upon by the applicant and as his attorney for hours of operation and he moved aooroval of the resolution 3 amended. - Roll call. Adopted Yeas - 7 Nays - 0 23. Resolution - B9-929 - Adooting the City of St. Paul 1990 Budget Goals and a establishing 1990 Policies, requesting the Mayor'to use said document as guide debt service budgets and to Provide annual recommendations for operating refinement of said policy, and stating intent of Council to use the document as from 6/1/89) a guide. (Finance Committee recommends aooroval - Laid over Councilmember Long referred to Committee discussion and recommended aooroval of the resolution. There was considerable discussion pertaining to the length of time mandated by date would be law to adopt the full budget and there was concensus the target July 1st. Councilmember Rettman referred to Policies G and H that have been deleted and she explained her reasons for outting them back in the policy. There was considerable discussion and Councilmembers Sonnen and 4lilson spoke in su000rt of reinstating Policies G and H. After discussion there was concensus to reinstated Policy G and Policy H. Councilmember Long referred to CDBG usage and stated he feels the budget should k be increased 10 oercent. Councilmember Dimond sooke in 0000sition to the increase and after considerable discussion there was concensus for the increase. Councilmember Rettman referred to the section pertaining to reimbursement and be she said a caveat may be needed to up the amount and she requested language �� added to the resolution when it is considered. Councilmember Sonnen said she feels a figure should be set and in Committee concensus was for a mileage allowance set by resolution. ' (Discussion continued on following page) June 1, 1989 (Discussion _continued from orevious page) Councilmember Sonnen left the meeting as this point stating she had a meeting to attend. There was considerable discussion and agreement that changes be made by changing Youth Athletic and Soorts Fund to Youth Fund, and to added language pertaining to, parking ramp safety with ,.PED .to study the. issue and report their recommendations to-Council: Councilmember Goswitz left the meeting at this point. There was further discussion oertaining to the local levy and Greg Blees stated State law has been amended whereby the Council needs to agree by resolution for any ,transfer. Councilmember Long moved auoroval of theresolution with the amendments agreed U011 tpday and, Councilmember Scheihel requested, it be, laid over. and Councilmember>Rettman spoke in support, of a ,layover, with the City Attorney's Office to prepare an analysis of sections pertaining to soecial assessment service;charges and assessments. Laid over to Tuesday, June 6th. Councilmember Long moved that the meeting be adjourned. Adopted Yeas - 5. Nays - 0 ADJOURNED AA,;T' 11 40. A.M. ATTEST: LOuncil President Cooies sent to Councilmembers Minutes approved by Council AyO:pmk -317- n ., MINUTES OF THE COUNCIL 9:00 A.M 3 r JUNE 6, 1989 k� COUNCIL CHAMBERS —CITY HALL & COURT HOUSE 1 SAINT PAUL, MINNESOTA w The meeting was called to order by President Scheibel at 9:05 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen Absent - 1 -Councilmember Wilson (arrived at a point during the meeting) ORDINANCES 1. Final Adoption - 89-859 - An ordinance amending Section 310 of the Legislative Code pertaining to license hearing procedures. (FOR ACTION) Councilmember Rettman said a substitute ordinance has been submitted that corrects some typographical errors and she moved approval of the amended ordinance: Adopted Yeas - 6 Nays - 0 Laid over to June 13th for Final Adoption. 2. First Reading - 89-1001 - An ordinance amending Section 409.26 of the Legislative,. Code allowing fines to- be imoosed in lieu" of`susoensions. (FOR REFERRAL TO,THE COMMUNITY& HUMAN SERVICESCOMMITTEE) Referred to the Community & Human Services Committee. 3. First Reading - 89-1002 - An ordinance granting permission to Burlington Northern Railroad Company to construct, operate and maintain an optical 'fiber communications cable in, the public right -of -way -from the Burlington Northern tracks south of•I-94's Sixth Street Ramo to the Burlington Northern offices on Fifth Street between Sibley and Jackson. (FOR REFERRAL TO THE PUBLIC WORKS' COMMITTEE) Referred to the Public Works Committee. APPLICATIONS - COMMUNICATION 4. Aooeal'of Robert Hoelzel to a Summary Abatement Order for property located east of 423 Jessamine. Councilmember Rettman moved a date of oublic hearing for June 20th. Adopted Yeas - 6 Nays - 0 5. Administrative Orders D-10268 through D-10279 were noted as on file in the City Clerk's Office. NEW BUSINESS - RESOLUTIONS 6. Resolution - 89-1003 - Amendingg Section 11 of the Civil Service Rules pertaining to provisional employment. (FOR REFERRAL TO THE FINANCE COMMITTEE - First Reading) Referred to the Finance Committee. - 7. Resolution - 89-1004 - Amending the 1989 budget by adding $112,000 to the Financing & Soending Plans for Community Services Utility Needs. (FOR REFERRAL Is TO THE FINANCE COMMITTEE) Referred to the Finance Committee. - 318 - _J June 6, 1989 1 8. Resolution - 89-1005 - Amending the 1989 budget by adding $19,297 to the a , h Financing & Spending Plans for Community Services Parks & Recreation First Aid. (FOR ACTION) Councilmember Rettman said this issue but not the resolution has been discussed 5i in Committee and she moved aooroval of the resolution. 1 _J June 6, 1989 1 8. Resolution - 89-1005 - Amending the 1989 budget by adding $19,297 to the a , h Financing & Spending Plans for Community Services Parks & Recreation First Aid. (FOR ACTION) Councilmember Rettman said this issue but not the resolution has been discussed e in Committee and she moved aooroval of the resolution. 1 Adopted Peas - 6 Nays - 0 9. Resolution - 89-1006 - Amending the 1989 budget by adding $289,000 to the Financing & Spending Plans for Public Works Equipment fund. (FOP. REFERRAL TO q THE FINANCE COMMITTEE) Referred to the Finance Committee. p Councilmember Wilson arrived at .this ooint in the meeting. 10. Resolution - 89-1007 - Amending the 1989 CIB budget by adding $95,000 for Wheelock Parkway acquistion. (FOR ACTION) y r , Upon request of Councilmember Rettman this resolution was laid over one week to June 13th. as Laid over to June.13th. i 11. Resolution - 89-1008 - Amending the 1988 and 1989 CIB budgets by adding $468,750 k for CBD Comouterized Traffic Signals Project. .(FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 12. Resolution; -.89-1009 ' Amending the 1986 CIB'budget by adding $252,000 for Sheard -Road 'consulting design fees. .(FOR REFERRAL TO THE PUBLIC WORKS '3 ,. COMMITTEE) Referred to the Public Works Committee. Councilmember Sonnen said she has; drafted a resolution on the following issue pertaining to replacement housing' which' acknowledges State legislation passed and she: moved the 'rules be suspended to consider this resolution. Roll call on suspension of the rule's. Adooted' Yeas - 7 Nays - 0 Resolution - 89-1038 - Acknowledging and supporting the intent and letter of the new replacement housing law and directing appropriate City staff to implement - said law. Councilmember Dimond sooke in strong opposition to legislation passed on this - issue and said we should not adopt this resolution without input from the community. .. y Councilmember"Scheibel stated there has been much discussion but the reality is the legislation was 'passed. ` • Councilmember Sonnen resoonded to comments made by Councilmember Dimond and she ' brieflyoutlined committee discussion and said she feels this resolution is a very reasonable and rational approach. Councilmember Wilson acknowledged State law has been passed and he saidwe need to deal with the law but that he doesn't see a problem"'with 'sendi`ng th"is resolution to Committee as it is important to understand the full impact. �N T Nancy West of PED appeared and referred to a memorandum of Ken Johnson regarding wr PEDs analysis of the State legislation oassed Councilmember Long sooke in support of hearing this in Committee. r e Councilmember Scheibel agreed to having this resolution in Committee and said he f s. r, will be recommending adoption of this resolution. After further discussion there was that this .> - - agreement resolution as well as Items 13 and 23 on today's agenda all be referred to Committee. Jr Referred to the Housing & Economic Develooment Committee. mr - 319 - i . - 320 - ail June 6, 1989 r� 13. Resolution - 89-667 - Requesting the HRA and Port, Authority consider and adoot replacement housing policies similar to St. Paul's. (Housing & Economic Develooment Committee recommends aooroval - Laid over from May 30t1i) (See discussion above) rW111Referred r to the Housing &Economic Development Committee. 4 PUBLIC HEARING 23. Third Reading - 89-760 - An ordinance enacting the replacement housing policy and providing procedures for its implementation. (Housing & Economic Development Committee recommends aooroval with amendments - Laid over from May 30th) (See discussion above) Referred to the Housing & Economic Development Committee. NEW BUSINESS - RESOLUTIONS 14. Resolution - 89-1010 - Aooroving Registered Land Survey by Victor Vik for property bounded by California, Idaho, Kennard and Flandrau. (FOR ACTION - NeaHngg held May 11th)) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays,- 0 15. Resolution - 89-1011 - Directing the Public Health Division to file with the City Clerk's Office, Orders of Nuisance for properties located as listed. :(FOR ACTION) Councilmember Rettman stated for the record this is an order of vacant buildings and not an order of nuisances. Steve Roy appeared and said this is not a complete list and stated another resolution will be before Council in the near future and upon question of Councilmember Sonnen he stated City ordinance requires this list. Roll call Adopted Yeas - 7 Nays - 0 16. Resolution - 89-1012 - Granting orooerty owner Truelson an additional 90 ,Ray days from June 7, 1989 to complete the requirements of C.F. 89-274 which ordered the correction or wrecking and removal of the structure at 1890 W. University Avenue.. (FOR, ACTION); Councilmember Sonnen stated this is the Porky's Drive In Drooerty and the owner is rehabilitating it to reopen the drive in and she explained technical delays due to City regulations. Steve Roy appeared and referred to concerns he has with a 90 day extension in that the 90 days would be the end of the drive in season. He stated he would like to see,a siggned contract committment, a financin committment and plans and specifications for the building within 30 days if this resolution is adooted, and if those items are not received in 30 days to proceed with the demolition. Mr. Truelson aomeared and said the drive in will be open year-round and he said he feels the 30 days is a.little bit tight but that'he already has a contract and letter of intent with PED: Councilmember Rettman requested language be drafted by the City Attorney's oertainingg.to recommendations stated by Mr. Roy and she then be willing to - would agree with the resolution with clear delineations. After some discussion this resolution laid one week was over to June 13th in order for the oroperty owner to meet with Mr. Roy to rewrite stimulations. Laid over to June 13th. - 320 - ail i - 321 - June 6, 1989 n 17. Resolution - 89-1013 - Authorizing orooer City officials to execute an agreement with Minnesota Pollution control Agency pertaining to stormwater into the Mississippi River and amending the 1989 budget by adding $150,000 to the Financing & Spending fi Plans for Public Works Sewer Service Enterprise fund. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Mr. Nygaard appeared and referred to meetings held with MPCA staff on the new stipulations with penalty he 5 and said if this resolution is adooted today' he will resume negotiations with all firms involved and he stated he will be making recommendation to the Council for future items and he urged Council to adopt this item today. Councilmember Councilmember L,ng said mond rhe would sed sl keatoohearethisnt iin th the aasithere Committee are a lot of answers that still need to be addressed. Councilmember Sonnen said she feels the City owes the money and to dispute or fight it is inappropriate and she said she feels today is the time to discuss the issue and vote it um or down. (' Councilmembers Goswiiz and Wilson both sooke in support of discussing the resolution- today and acting on it. Councilmember Rettman referred to concerns she still has in that there have been many explanations but no change in action and to will come from. which budget item the funding After further discussion this item was referred to the Public Works Committee. Referred to the Public Works Committee. 18. Preliminary Order - 89-1014'- Improving Market Street from 5th to 6th Streets by removing existing pavement and 'constructing brick surface, tree olanters and olantin8 trees and decorative globe type lighting system, and setting date of public hearing for July 11th. Councilmembers Dimond and Goswitz moved aooroval of the Order. Adooted Yeas - 7 Nays - 0 19. Resolution - 89-1015 - Aooroving assessment for constructing skyway bridge over 4th Street between Sibley and Jackson Streets, and setting date of public hearingg for July 13th. Councilmmbers Dimond and Goswitz moved approval of the Order. Adopted Yeas - 7 Nays - 0 20. Resolution - 89-1016 - Aooroving assessment for construction of sanitary sewer and service connections in Breen Street from Hyacinth to Hawthorne, date of oublic hearing for July. 13th. and setting Councilmembers Dimond and Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 21. Resolution - 89-1017 - Aooroving assessment for boardings uo of vacant buildings through the month of March 1989, 11th.��_ and setting date of oubic hearing for July Councilmembers Dimond and Goswitz moved approval of the resolution. Adopted _ y Yeas - 7 _ Nays - O 22. Resolution - 89-1018 - Aooroving assessment for summary abatements to recover administrative costs incurred by Community Services notifying prooerty owners to repair or demolish structures on their proo hearinfor July 11th. ertiesy and setting date of public gg Councilmmbers i Dimond and Goswitz moved aooroval of the resolution. Adopted y Yeas - 7 Nays - 0 i - 321 - j x - 322 - Councilmember Dimond referred to the tragic events occuring in China and he reminded Council and he referred to our Sister City relationship and he r requested a letter ¢e drafted imploring our colleagues in China to su000rt all Ic r; efforts for a democracy there. Councilmember Scheibel referred to the number of people living in St. Paul from China and he said this is good action to take. "s PUBLIC HEARINGS 24. Resolution - 89-1019 - Ratifying assessment for diseased tree removal for 1988 for properties located at 780 Gorman, 975 McLean and 706 Blair. (Laid over from May 23rd) Tom Carlson of the Forestry Division appeared and referred to property located at 780 Gorman and he said it has been determined that the property owner is the underlying fee owner and therefore is responsible for the assessment. Mr. Putnam, property owner at 780 Gorman, aooeared and upon his question was is not informed that he can build a fence on the vacant property as long as itt permanent structure. Tom Carlson referred to orooerty located at 976 McLean and said he has met with the City, sub -contractor and to the school contractor the orooerty owner said removed the trees and he said it has been determinedthe City removed the trees by April 15th and the school contractor cleaned uo what remained after the City Mr. Carlson said there has been agreement by the had done their job. contractors to each pay $50.00 and Mr. Sundmark of the Forestry Division said the assessment should be deleted. Councilmember Dimond moved that the assessment for 976 McLean be deleted. Adopted Yeas - 7 Nays - 0 Tom Carlson referred to orooerty at 706 Blair and that the property owner now agrees the City did work. Councilmember Wilson moved aooroval of the resolution as amended. Adopted Yeas - 7 Nays - 0 Councilmember Sonnen left the meeting at this Point and returned later in the meeting. 25. Hearing to consider the aooeal of Maria Baxter to a Summary Abatement Order for orooerty located at 932 Iglehart. (Laid over from May 3Dth) ' No one aooeared. Councilmember Wilson stated he has tried to get in contact with Ms. Baxter but has been unable to do so.,. Steve Roy said the vehicle is still unlicensed on the orooerty but that the refuse problem has been rectified. Councilmemberue tion of � Steveson recommendation is for rpcaid his hvehicle to be towed andthatMs. Bxteanreclaimthevehiclebut she tene would have to pay a fee to.the Police Department as well license for the vehicle. There was some discussion and Councilmember Wilson moved that the aooeal be denied with completion by June 20th. Adopted Yeas - 6 Nays - 0 26. Hearing to consider the aooeal of Betty Sanders to a Summary Abatement Order for propertylocated at 930 Marshall. (Laid over from November 15, 1988) No one aooeared. Steve Roy distributed photographs dating back to 1987 and as current as this morning and he said the garage is in the same condition it was in this oast November with more debris in it. ? Councilmember Sonnen returned to the meeting at this Point. j x - 322 - Councilmember Wilson said we have no alternative but to pursue the order and we have given additional time already and he moved denial of the appeal with completion to be 10 days after publication of the resolution. Adopted Yeas - 7 Nays - 0 27. Final Order - 89-1020 - Aooroving acquisition of Lot 1, Bik. 19, Beaver Lake Heights for grading and Paving parts of Algonquin. No oneappeared. Councilmember Rettman moved approval of the order. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-1021 - Aooroving application for the transfer of On Sale Liquor, On Sale Sunday, Off Sale 3.2 Malt, Entertainment I and Restaurant Licenses currently issued to E & E Inc. dba Evans Victorian Lounge located at 859 Thomas to Rentiel, Inc. dba Billy's Victorian Bar located at'the same address. No one appeared.' Councilmembers Dimond and Wilson moved aooroval of the resolution. Adopted' Yeas - 7 Nays - 0 29. Resolution - 89-999 - Aooroving the transfer of On Sale Liquor, On Sale Sunday Liquor, Restaurant and Entertainment III Licenses currently issued to Polo Club of St. Paul, Inc. dba Largo Yacht Club located at 198 N. Western to Lindy Enterprises, Inc. dba Shin Ons located at the same address. No one aoceared. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 30. Report of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Michael O'Toole dba Spot Bar located at 859 Randolph. (Laid over from May 23rd) Councilmember Scheibel stated at the request of Assistant City Attorney Phil Byrne this matter will be laid over to June 22nd. Laid over to June 22nd. Councilmember Rettman moved susoension of the rules to consider an item not on the agenda oertaining to summer "concerts and Bandana Square and to a licensing request of Filbert's Restaurant and Club. Roll call on susoension of the rules. Adopted. Yeas - 7 Nays - 0 Resolution - 89-1039 - Aoorovingg the request by Dave Strock dba Filbert's Restaurant' and Club 'located at 1021'E. 'Bandana Boulevard for an extension of service area to the Sunwood Inn on June 9 and 23, July 7 and 21, and August 4 betweenthe "hours of' 7:00 P.M; and 10:00 P.M. in conjunction' with performances of Bandana Square Sumner' Concerts. Councilmember Rettman moved aooroval of the resolution. Adopted . Yeas - 7 Nays - 0 Councilmember Goswitz announced a date of public hearing for the Public Works Committee to hear testimony pertaining to trash haulers for June 28th at 7:00 P.M., and after discussion it was determined that not all Councilmembers could attend that meeting and Councilmember Goswitz said he would announce an alternative date for the Public hearing on Thursday. Councilmember Sonnen referred to numerous requests for evening meetings and she requested a moratorium on evening meetings until the issue could be fully discussed. After some discussion it was agreed that a moratorium not take place at this time and that the issue of evening meetings will be discussed in the Rules & Policy Committee. j - 323 - • r June 6, 1989 Councilmember Wilson said we have no alternative but to pursue the order and we have given additional time already and he moved denial of the appeal with completion to be 10 days after publication of the resolution. Adopted Yeas - 7 Nays - 0 27. Final Order - 89-1020 - Aooroving acquisition of Lot 1, Bik. 19, Beaver Lake Heights for grading and Paving parts of Algonquin. No oneappeared. Councilmember Rettman moved approval of the order. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-1021 - Aooroving application for the transfer of On Sale Liquor, On Sale Sunday, Off Sale 3.2 Malt, Entertainment I and Restaurant Licenses currently issued to E & E Inc. dba Evans Victorian Lounge located at 859 Thomas to Rentiel, Inc. dba Billy's Victorian Bar located at'the same address. No one appeared.' Councilmembers Dimond and Wilson moved aooroval of the resolution. Adopted' Yeas - 7 Nays - 0 29. Resolution - 89-999 - Aooroving the transfer of On Sale Liquor, On Sale Sunday Liquor, Restaurant and Entertainment III Licenses currently issued to Polo Club of St. Paul, Inc. dba Largo Yacht Club located at 198 N. Western to Lindy Enterprises, Inc. dba Shin Ons located at the same address. No one aoceared. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 30. Report of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Michael O'Toole dba Spot Bar located at 859 Randolph. (Laid over from May 23rd) Councilmember Scheibel stated at the request of Assistant City Attorney Phil Byrne this matter will be laid over to June 22nd. Laid over to June 22nd. Councilmember Rettman moved susoension of the rules to consider an item not on the agenda oertaining to summer "concerts and Bandana Square and to a licensing request of Filbert's Restaurant and Club. Roll call on susoension of the rules. Adopted. Yeas - 7 Nays - 0 Resolution - 89-1039 - Aoorovingg the request by Dave Strock dba Filbert's Restaurant' and Club 'located at 1021'E. 'Bandana Boulevard for an extension of service area to the Sunwood Inn on June 9 and 23, July 7 and 21, and August 4 betweenthe "hours of' 7:00 P.M; and 10:00 P.M. in conjunction' with performances of Bandana Square Sumner' Concerts. Councilmember Rettman moved aooroval of the resolution. Adopted . Yeas - 7 Nays - 0 Councilmember Goswitz announced a date of public hearing for the Public Works Committee to hear testimony pertaining to trash haulers for June 28th at 7:00 P.M., and after discussion it was determined that not all Councilmembers could attend that meeting and Councilmember Goswitz said he would announce an alternative date for the Public hearing on Thursday. Councilmember Sonnen referred to numerous requests for evening meetings and she requested a moratorium on evening meetings until the issue could be fully discussed. After some discussion it was agreed that a moratorium not take place at this time and that the issue of evening meetings will be discussed in the Rules & Policy Committee. j - 323 - 4 ' � L: June 6, 1989 At this time the Council recessed and reconvened at 10:20 A.M. ADDITIONAL ITEM Resolution - 89-929 - Adopting the City of St. Paul 1990 Budget Goals and Policies, requesting the Mayor to use said document as a guide establishing 1990 operating debt service budgets and to provide annual recommendations for refinement of said policy and stating intent of Council to use the document as a gguide. (Finance Committee recommends aooroval - Laid over from June 1st) Councilmember Rettman referred to the narking ramo study and said she feels her previous comments were misunderstood and she requested language change Indicating request for PED to do a comprehensive study in terms of a policy, and there was no objection to her request. - Councilmember Wilson referred to the budget allocation for City Council/non-City Council activities in S-13 on Page 52 and after some discussion it was agreed that language be added showing reference to the appropriate Council resolution.. Councilmember Wilson referred to overtime pay in Policy K and Councilmember tong explained the intent of this item and after some discussion there was agreement to change language from "City Council aooroval" and give examoles. Councilmember Long referred to orevious discussion on the length of time Council has to review the budget and he said that item was vetoed down in the legislature and we have until July 15th to review it. Councilmember Scheibel said there is meeting tomorrow pertaining to tax laws and once we know what the Governo,.s recommendation will we can pass a seoerate resolution. Councilmember Long referred to the reccling Program in S-7 on Page 55 and requested a word change to strike "Paper'. Councilmember Long moved approval of the resolution with the changes. Rcll call. Adocted Yeas - 7 Nays'- 0 Councilmember Goswitz noted that 45 years ago today was D -Day. Councilmembers Dimond and Goswitz moved that the meeting be adjourned. Adooted Yeas - 7 Nays - 0 ADJOURNED AT 10:0 uouncil President ATTEST: Copies sent to Councilmembers��8 9 f Minutes aooroved by Council 7- (a- 2 U�1..(�sw✓ City Clerlt- ABO:pmk MINUTES OF THE COUNCIL 9:00 A.M JUNE 8, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Rettman, Scheibel,,"Sonnen, Wilson , Absent - 1 7-Councilmember Long (arrived at a point during the,meetirg) ORDINANCES I. Final Adootion -'89-484 -, An ordinance amendingSection 167.01 of. the Legislative Code and amending Ord. -No. 17456 adooted,May 26, 1987, by extending the commercial ,vehicle narking permit system,for an additional year to June 6, K 1990 as it pertains to Soecial Parking Committee recommends aooroval) Permits. _(Flogsing & Economic Development Councilmember Sonnen mooed aooroval of the ,ordinance. Adopted Yeas - 6 Nays -,0 Ord. #17655 2. Final Adoot'ion"-'89-485 -:An ordinance amending Section i-60.104'' of the, Legislative Code and amending Ord. No. 17457 adapted May 26, 1987, by extending the commercial vehicle parking permit syystem for an additional year to June 6, 1990 as it Pertains to'Parking Meter Zones. (Housing & Economic Development Committee recommends aooroval)" Councilmember,Sonnen,moved aooroval of the ordinance. Adopted Yeas.- "6 Nays;- 0 Ord, 017656 3. Final Adootion - 88-1674 - An ordinance amending Chapter 409 of the Legislative Code Pertainingg to regulating the sale of alcoholic beverages and the conduct of licensed establishments. Councilmember Dimond moved aooroval of the ordinance. Adooted Yeas - 6 Nays - 0 Ord. #17657 4. Final Adootion - 89-644 - An ordinance amending Chapter 417 of the Legislative Code pertaining ,to parking lots. (Community & human Services Committee recommends aooroval of substitute ordinance) Councilmember'Rettman moved aooroval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17658 COMMITTEE REPORTS 5. Resolution - 89-821 - Amending the 1989 budget by adding $545,248 to the Financing & Spending Plans for Public Works Traffic Signal Lighting Maintenance fund. (Public Works Committee submits to Council without recommendation) Councilmember Goswitz exolained since this item was heard in Committee Councilmember Long has met with Don Sobania and all of his questions have been answered. Roll call. Adopted Yeas - 6 Nays - 0 Councilmember Long arrived at this point in the meeting. - 325 - 6. Resolution - 89-770 - Requesting the Mayor to direct the Department of Finance & - Management to reduce by $28,000 the 1989 assessment against Prooerties which did not receivepromised street cleaning services in the Fall of 1988. (Public Works Committee recommends denial) Councilmember Goswitz explained the Committee recommendation and said Spring clean uo has taken olace and the work is now comolete. Councilmember Sonnen said she realizes the Spring clean up occurred but she will be voting in support of the resolution on the moral issue. Councilmember Dimond said this was an unfortunate situation not in our control but he said service was orovided even though it was later than was planned and he said he will support the Committee recommendation for denial of the resolution. Councilmember Long said originally he supported the resolution and then learned Public Works had gone out and cleaned uo this area earlier than the Soring cleaning took place and he said the Public Works Deoartment is now doing a study to orevent this from taking place again and he said he will also support the Committee recommendation for denial. Councilmember Rettman said she feels this is a ohilosoohical issue as well as a dollar and cents one in that we made a commitment to the oeoole and she suggested instead of denying the resolution to day it over to a Committee with the City Attorney's Office to determine ordinance language on how to correct this for the future. Councilmember Scheibei spoke in support of that suggestion. Councilmember Sonnen said it is a good suggestion but the ohilosoohical question is still there. Councilmember Scheibel said this is not the first time this situation has occurred and it is a question of cost olus liability and he wants to seethe problem corrected for the future. Councilmember Rettman moved this resolution be laid over and referred to the Public Works Committee for discussion and review. Councilmember Wilson said it is a matter of orinciole, practicality and adequate notification and that the people pay for the services whether delivered or not and he said he feels it would-be best to hear discussion in Committee. Councilmember Dimond said if the policy is changed we will need to expand in order to look at the broader issues. Roll call on the motion to lay over to be referred to the Public Works Committee. Adopted Yeas - 7 Nays - 0 Referred to the Public Works Committee. 7. Resolution - 89-625 - Holding the State harmless for granting a varianceto allow existence of three utility poles within the two foot clear zone required by MSA standards on Chestnut between W. 7th and Smith. (Public Works Committee recommends approval) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 8. Resolution - 89-828 - Establishing the Toxic Chemical Task Force to hold Public hearings and make recommendation to Council within 90 days regarding rules, regulations and possible banning of non-organic chemical fertilizers and pesticides with said task force to be made uo of reoresentatives as listed. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Councilmember Wilson referred to the issue of staffing the task force and he recommended Karen Swenson of his staff give 10 percent of her time to this resolution and he requested the 90 days commence at the point the task force is established and he stated the task force will be no more than 15 representatives. Councilmember Long commended Councilmember Wilson and said the timing on this resolution is good with this time of year. Roll call. Adopted Yeas - 7 Nays - 0 - 326 - I i , June 8, 1989 6. Resolution - 89-770 - Requesting the Mayor to direct the Department of Finance & - Management to reduce by $28,000 the 1989 assessment against Prooerties which did not receivepromised street cleaning services in the Fall of 1988. (Public Works Committee recommends denial) Councilmember Goswitz explained the Committee recommendation and said Spring clean uo has taken olace and the work is now comolete. Councilmember Sonnen said she realizes the Spring clean up occurred but she will be voting in support of the resolution on the moral issue. Councilmember Dimond said this was an unfortunate situation not in our control but he said service was orovided even though it was later than was planned and he said he will support the Committee recommendation for denial of the resolution. Councilmember Long said originally he supported the resolution and then learned Public Works had gone out and cleaned uo this area earlier than the Soring cleaning took place and he said the Public Works Deoartment is now doing a study to orevent this from taking place again and he said he will also support the Committee recommendation for denial. Councilmember Rettman said she feels this is a ohilosoohical issue as well as a dollar and cents one in that we made a commitment to the oeoole and she suggested instead of denying the resolution to day it over to a Committee with the City Attorney's Office to determine ordinance language on how to correct this for the future. Councilmember Scheibei spoke in support of that suggestion. Councilmember Sonnen said it is a good suggestion but the ohilosoohical question is still there. Councilmember Scheibel said this is not the first time this situation has occurred and it is a question of cost olus liability and he wants to seethe problem corrected for the future. Councilmember Rettman moved this resolution be laid over and referred to the Public Works Committee for discussion and review. Councilmember Wilson said it is a matter of orinciole, practicality and adequate notification and that the people pay for the services whether delivered or not and he said he feels it would-be best to hear discussion in Committee. Councilmember Dimond said if the policy is changed we will need to expand in order to look at the broader issues. Roll call on the motion to lay over to be referred to the Public Works Committee. Adopted Yeas - 7 Nays - 0 Referred to the Public Works Committee. 7. Resolution - 89-625 - Holding the State harmless for granting a varianceto allow existence of three utility poles within the two foot clear zone required by MSA standards on Chestnut between W. 7th and Smith. (Public Works Committee recommends approval) Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 8. Resolution - 89-828 - Establishing the Toxic Chemical Task Force to hold Public hearings and make recommendation to Council within 90 days regarding rules, regulations and possible banning of non-organic chemical fertilizers and pesticides with said task force to be made uo of reoresentatives as listed. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the resolution. Councilmember Wilson referred to the issue of staffing the task force and he recommended Karen Swenson of his staff give 10 percent of her time to this resolution and he requested the 90 days commence at the point the task force is established and he stated the task force will be no more than 15 representatives. Councilmember Long commended Councilmember Wilson and said the timing on this resolution is good with this time of year. Roll call. Adopted Yeas - 7 Nays - 0 - 326 - I June 8, 1989 NEV BUSINESS - RESOLUTIONS 9. Resolution, - 89-968 - Approving ISD #625 1988-1989 Compensation Resolution pertaining to confidential and unclassified supervisory employees. (FOR ACTION - Second Reading & Adoption) Councilmember Long moved approval of the resolution. Adopted Yeas 7 Nays - 0 10. Resolution - 89-971 - Establishing the rate of Day for Golf Pro Manager in the Salary Plan and Rates of Compensation Resolution in Grade 11, Section ID4 of the Professional Employees Suoervisory Standard Range. (Finance Committee recomnends approval - Second Reading & Adoption) Councilmember Long moved approval of the resolution. Roll call. , Adopted Yeas - 7 Nays - 0 11. Resolution - 89-1022 - Amending the 1989 ,budget by adding $20,440 to the Financing & Spending Plans for Animal Control Program., (FOR REFERRAL TO THE FINANCE COMMITTEE) Councilmember Rettman said this resolution is the result of the direct request by the Council and she recommended approval of it rather than referring it to Committee. Councilmember Long said he still hasn't,seen certain documentation he requested and although he is in support,of.the resolution he still has some concerns. - Councilmember Dimond said he spoke with Bernie Fritz who stated they need the equipment. Councilmember Sonnen said it was made clear during the public hearing on the Bound seizure law this equipment was necessary. . There was further discussion and agreement this will be heard in Committee for further discussion. Referred to the Finance Committee. 12. Resolution - 89-1023 - Amending the 1989 budget by adding $137,150 to the Financing & Spending Plans for City Attorney General, Government Accounts. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. _ 13. Resolution - 89-1024 - Amending the 1989 budget by adding $23,500 to the Financing & Spending Plans for Community Services Division of Libraries Maintenance Services. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 14. Resolution - 89-1025 - Amending the 1989 budget by adding $130,000 to the Financing & Spending Plans for Police Department Radio Communications. (FOR ACTIONI Counciiimember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 15. Resolution - 89-1026 - Amending the 1989 CID budget by adding $83,000 for the installation, of lantern lighting system on Marshall Avenue for City's share in conjunction with MnDOT improvements. (FOR ACTION) Councilmember Dimond moved approval of. the resolution. Adopted Yeas - 6 Nays - 1,(Rettman) 16. Resolution - 89-1027 - Authorizing proper City officials to execute an agreement with the Metropolitan Council accepting 1986 Battle Creek Park Reimbursement grant and amending the 1988 CIB budget by adding $113,204.58 for Indian Mounds Park Site Development. (FOR ACTION) Councilmember Rettman referred to a related resolution on the agenda TuesdayY, June 6th which was laid over to June 13th, and she requested this item also be laid over to that time to be considered together. Laid over to Tuesday, June 13th. - 327 - June 8, 1989 17. Resolution - 89-1028 - Establishing 1990 Property Tax Freeze at 1989 Level and Goal of removing St. Paul from the high five metro orooerty taxing jurisdiction by 1993. (FOR REFERRAL TO THE FINANCE. COMMITTEE) Councilmember Goswitz recommended that the resolution be referred to the Rules & Policy Committee. Councilmembers Long and Scheibel suggested it be referred to Finance because, it establishes budget guidelines. Referred to the Finance Committee. Councilmember Sonnen left at this Point and returned later in the meeting. 18. Resolution - 89-1029 - Appointing Thomas R. Hughes as soecial counsel prosecutor for allegations brought against Police Officer Norman Berry. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 19. Resolution - 89-1030 - Amending previous resolution aooroving the vacation of alley located in Blk.,1, Florence Addition bounded by Marion, University, Aurora and Rice. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 20. Resolution - 89-1031 - Authorizing proper, City officials to le.— parking lot area known as the Glass Service orooerty for patron usage during the Minnesota State Baseball Tournament and for parking adjacent to the City's Municipal Stadium and holding ,the Port Authority harmless .from all claims that should arise during the tournament. (FOR, ACTION) Counciimember.Rettman moved aooroval,of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Wilson, referred to the Taste of Minnesota, layout, for, emergency vehicles to get ,to,the:neighborhood and he requested staff look,into',that. Vic Wittgenstein appeared and stated that Taste of Minnesota is not a Parks & Recreation event but he would look into the issue. , „ Councilmember Sonnen returned to the meeting at this point. 21. Preliminary Order - 89-1032:- Constructing water main and service connections in Marion Street from Nebraska to 290 ft. south, and setting date of Public hearing for July 18th. Councilmember Long moved approval of the order. Adopted Yeas - 7 Nays - 0 22. Resolution - 89-1033 - Approving assessment for the imorovement of Cottage Avenue from Galtier to Rice Streets in conjunction with the Cottage/Galtier Street Paving & Lighting project, and setting date of hearing for July 13th., Councilmember Long moved approval of the order. Adopted Yeas - 7 Nays - 0 Councilmember Long left the,meeting at this Point. PUBLIC HEARINGS 24. Resolution - 89-1034 - Aoorovingthe request for One Day Extension of Service Area by, Steve Lentsch dbi Lentsch's Bar & Eatery located at 1091 Rice to the parking lot on June 11, 1989 between 11:00 A.M. and 9:00 P.M. in conjunction with the Brian Brunette Boxing Extravaganza. No one appeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 328 - ■ 0 r: June 8, 1989 17. Resolution - 89-1028 - Establishing 1990 Property Tax Freeze at 1989 Level and Goal of removing St. Paul from the high five metro orooerty taxing jurisdiction by 1993. (FOR REFERRAL TO THE FINANCE. COMMITTEE) Councilmember Goswitz recommended that the resolution be referred to the Rules & Policy Committee. Councilmembers Long and Scheibel suggested it be referred to Finance because, it establishes budget guidelines. Referred to the Finance Committee. Councilmember Sonnen left at this Point and returned later in the meeting. 18. Resolution - 89-1029 - Appointing Thomas R. Hughes as soecial counsel prosecutor for allegations brought against Police Officer Norman Berry. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 19. Resolution - 89-1030 - Amending previous resolution aooroving the vacation of alley located in Blk.,1, Florence Addition bounded by Marion, University, Aurora and Rice. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 20. Resolution - 89-1031 - Authorizing proper, City officials to le.— parking lot area known as the Glass Service orooerty for patron usage during the Minnesota State Baseball Tournament and for parking adjacent to the City's Municipal Stadium and holding ,the Port Authority harmless .from all claims that should arise during the tournament. (FOR, ACTION) Counciimember.Rettman moved aooroval,of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Wilson, referred to the Taste of Minnesota, layout, for, emergency vehicles to get ,to,the:neighborhood and he requested staff look,into',that. Vic Wittgenstein appeared and stated that Taste of Minnesota is not a Parks & Recreation event but he would look into the issue. , „ Councilmember Sonnen returned to the meeting at this point. 21. Preliminary Order - 89-1032:- Constructing water main and service connections in Marion Street from Nebraska to 290 ft. south, and setting date of Public hearing for July 18th. Councilmember Long moved approval of the order. Adopted Yeas - 7 Nays - 0 22. Resolution - 89-1033 - Approving assessment for the imorovement of Cottage Avenue from Galtier to Rice Streets in conjunction with the Cottage/Galtier Street Paving & Lighting project, and setting date of hearing for July 13th., Councilmember Long moved approval of the order. Adopted Yeas - 7 Nays - 0 Councilmember Long left the,meeting at this Point. PUBLIC HEARINGS 24. Resolution - 89-1034 - Aoorovingthe request for One Day Extension of Service Area by, Steve Lentsch dbi Lentsch's Bar & Eatery located at 1091 Rice to the parking lot on June 11, 1989 between 11:00 A.M. and 9:00 P.M. in conjunction with the Brian Brunette Boxing Extravaganza. No one appeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 328 - ■ June 8, 1989 25. Resolution - 89-1035 - Approving the request. for One Day Extension of Service Area by Parrot Corporation dba Scanlon's Irish Pub located at 656 Grand to the oarking lot on June 11, 1989 between 12:00 Noon and 7:00 P.M. in conjunction With a pig roast. No one appeared in 0000sition. Councilmember Sonnen moved approval of the resolution. Adooted Yeas - 6 Nays - 0 26. Resolution - 89-1036 - Approving application for the renewal of State Class A Gambling License aoolied'for by the 4th District VFW, Department of Minnesota located at 1060 University Avenue. No one appeared in 0000sition. Counciimeinber Wilson moved approval of the resolution. Adopted Yeas - 6 Nays - 0 27. Resolution - 89-1037 - Approving the request by Heartthrob of St. Paul, Inc, dba Heartthrob Cafe & Philadelphia Bandstand located at 30 E. 8th Street to allow teen dances Saturday and Sunday afternoons and Monday nights. No one aooeared in 0000sition. Councilmember Rettman said she is not in 0000sition to the resolution but she did have some concerns. Councilmember Scheibel said we have our guidelines and this establishment has been.a:great success and this is no different from what already is taking place there. A representative of the Heartthrob appeared and upon question of Councilmember So pr said on Sundays and Saturdays all .liquor will be pulled out of the night club area but he is requesting,it be available in the restaurant area which is Physically divided from the club. He said they have two doormen besides management staff and he said they would take one hour after 5:00 on Saturday to replenish the liquor and reooen the restaurant. Councilmember Dimond,sooke in support of the resolution ;but cautioned%the representative to guard against teens entering -the restaurant area to purchase liquor. . . 11 1 Upon question of Councilmember Goswitz the representative stated the hours of operation for the teen dances . Councilmember Wilson brought up the subject of curfew and said the Police Department enforces it on a needs basis and he referred to the need to reconcile that issue for the future. He said he feels the 1:00 A.M. closing is too late and he spoke in support of a 12:00 midnight closing, and the reoresentative spoke in agreement to that. Councilmember Dimond raved approval of the resolution. Roll call. Adooted Yeas - 6 Nays - 0 23. Hearing to consider the appeal of District 2 Community Council to a determination by .the BZA that Boston Health Care Semi-Indeoendent Living Services located at 1331-1335 E.Maryland is not a Community Residential facility. (Laid over from June 1st) Mary Bunnell of PED gave a brief summary and background information on this subject and he referred to an opinion of Jerry Segal. Jerry Segal aooeared at the request of Councilmember Rettman and reviewed his opinion stating this is a zoning issue to determine if this is a Community Residential Facility (CRF) or not. Paul Gilliand and Ray Sammons of District 2,aopeared, and Mr. Sammons read for the record their letter of May 15, 1989, in response to Previous testimony heard by Boston Health Care. Mr. Gilliand referred to confusion over a master lease and he said Boston Health Care initially had it at the time of their aooeal and he reiterated the Physical condition of the building has worsened. Councilmember Scheibel noted the master lease is a key issue to him. (Discussion continued on following page) 329 J June 8, 1989 (Discussion continued from previous nage) Peter Beck, attorney reoresenting Boston Health Care, appeared and responded to the letter Mr. Sammons read for the record, and he stated there was'a master lease but there will not be one anymore. Upon question of Councilmember Scheibel, Mr. Beck said clients rent their apartments and the oer diem goes to Boston Health Care. Jeff Boston appeared and stated each client has a grant and a budget is included in that. - Mr. Beck stated they do not have many disagreements with District 2 but one disagreement is Boston Health Care is not CRF and he further stated they cannot be under the Sils yule and be a CRF. Mr. Beck referred to the use of the office and said he realizes it a close call issue but feels the Council has the discretion to make a determination. Councilmember Sonnen referred to a summary of Marilyn Lantry regarding semi- indeoendent livingconditions. No one else appeared and Councilmember Dimond moved that the public hearing be closed. Roll call. Adooted Yeas - 6 Nays - 0 Councilmember Dimond said we -have the zoning code to guide us and we need to determine whether this facility meets the zoning code definition. He made reference to State laws versus City laws and again stated we need to determine soecifics according to the Code. Cbuncilmember Wilson said this is a very complicated issue and that District 2 is mostly concerned with an overconcentration of CRF's in their area, and he said if the building is in bad condition for clients to live in it then becomes a quality of life issue and the landlord will need to correct it. He also said if a determination is made that Boston Health Care is a Community Residential Facility it will be in conflict with the State. Councilmember Goswitz said the condition of the building has been brought to his attention and over the oast year considerable improvement has been and is continuing to take place. Councilmember Rettman said she believes that Boston Health tare is a Community Residential Facility because they receive a Per diem, room and board as well as services. Councilmember Dimond said the distance requirement is also an issue. Councilmember Scheibel said we need to look at our laws as well as the facts and he said he understands concentration needs to be looked at. He said we need more guidance regarding both Community Residential Facilities as well as State laws. Councilmember Sonnen suggested denying the aooeal of District 2 with a findingg that the orogram is similar to a CRF and should be counted for the District 2 concentration and the 1350' rate should be included. Councilmember Dimond strongly suggested not to go that direction as this is clearly as CRF, and he requested a layover to get a further opinion from the City Attorney. Councilmember Scheibel left the meeting at this point to attend a meeting at the League of Minnesota. Jerry Segal referred to the office and that Council needed to make a determination if it is a oermitted use or not. Councilmember Sonnen said the issue of the office is a concern to her and she would like it phased out with a three month oeriod to relocate. Councilmember Wilson said we have had good discussion today with compromise and he requested a two week layover in order for the resolution to be drafted and reviewed. Mr. Segal said research will need to be done and he requested it be laid over three weeks to June 29th. Councilmember Gpswitz moved the matter be laid over three weeks to June 29th. Adooted Yeas - 5 Nays - 0 Laid over to June 29th. - 330 - June 8, 1989 i I _ Councilmember Wilson requested suspension of the rules pertaining to Cs. 89-903 which appropriates funds for a Police beat patrol on Selby Avenue. There 'was'some discussion and Councilmember Wilson said rather than having the rules suspended today for action he is requesting the resolution' be referred back to the Finance Committee: Upon question of Councilmember Rettman, Deputy Chief Sturner appeared -and said they have 18' graduates now in the Program but they still have 17 vacancies and there is another program scheduled for the Fall. a Councilmember Dimond referred to this being an election year and he cautioned against overexuberance. The resolution was:referred back to the Finance Committee. l Councilmember Sonnen requested Deputy Chief Sturner to submit an analysis of the number of resolutions brought up under' suspension by the Police Department, and i there was agreement it would take some research, but the Minutes' of the City Council do reflect that information: Councilmember Rettman moved that the meeting be adjourned. ' Adopted Yeas - 5 Nays - 0 ADJOURNED AT/.11:50 A.M. ! Council Fresicenf 1 ATTEST:' Copies sent to'Councilmembers 6-a7-89 (� l p Minutes approved by Council 7 City y LIM ABO:pmk r - 331 - �M MINUTES OF THE COUNCIL 9:00 A.M �••JUNE 13, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA r. The meeting was called to order by President Scheibel of 9:05 A.M. 1 Present - 6 - Councilmemhers Dimond, Goswitz, Long, Rettman, Scheibel, Wilson Absent - i - Councilmember Sonnen (excused - Councilmember Scheibel noted that Councilmember Sonnen has been excused from City Council meetings from June 72, 1 1989 to June 22, 1989 for attendance at the American Waterways Conference) Ij `e MISCELLANEOUS 58. Recognition of youth volunteers for the month of June. has • Laid over'to Thursday, June 15th. ORDINANCES 1. Final Adoption - 89-859 - An ordinance amending Section 310 of the Legislative Code pertaining to license hearing procedures. (FOR ACTION - Laid over from # June 6th) Councilmember Rettman moved approval of the ordinance. Adopted Yeas - 6 Nays 0 Ord. #17659 " 2. First Reading -`89-1040'- An ordinance amending Section 13 of the City Charter oertaining to orocedures for the acquisition and improvement of property. (FOR REFERRAL TO THE FINANCE COMMITTEE - City Charter Commission recommends aooroval) Referred to the Finance Committee. . 3. First Reading - 89-1041 - An ordinance amending Section 14 of the City Charter pertaining to special assessments. (FOR REFERRAL TO' THE FINANCE COMMITTEE - City Charter Commission recommends aooroval) Referred to the Finance Committee. ! 4. First Reading - 89-1042 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the east side of Rice Street between Wheelock Parkway and W. Iowa Street from B-3 and R-4 to B-2 to construct a retail sh000ing center. (FOR ACTION - Hearing held April 6th) Laid over to June 20th for Second Reading. ii 5. First Reading - 89-1043 - An ordinance Sections 60 and 62 of" the Legislative Code oertaining to Zoning Regulations and oermitting fair and festival parking on residential oroperties. (FOR ACTION - Hearing scheduled for June 29th) Laid over to June 20th for Second Reading. n 6. First Reading - 89-1044 - An ordinance amending Section 157.04(4) of the j Legislative Code oertaining to miscellaneous parking restrictions and providing exceptions for fair andfestival oarking. (FOR ACTION - Hearing scheduled for i June 29th) Laid over to June 20th for Second Reading. 7. First Reading - 89-1045 gg- An ordinance amending Section 189.04 of the Legislativeion. ode(FOR oertaininREFER AL TTruth O THE HRA) Housing forms and requiring a zoning clasReferred to the Housing & Economic Develooment Comnittee. - 332 - : ;�rh + ) ,a '�; 333 - H : 6 4 1 4 3 � , M trot^,'y I June 13, 1989 _ APPLICATIONS - C@MUNICATION b $ 8. s;• '' ' Claim of Louise Brown, 3121 Portland Ave. S., Mols., MN 55407, filed May 24, 1989, was read. Referred to the City Attorney's Office. Claim of Steven Davison, 2589 Stark St., filed June 1, 1989, was read. t {'j Referred to the City Attorney's Office. y Claim of Ei Vincent Dolan, 1754 Colvin, filed May 23, 1989, was read. Referred to the City Attorney's Office. Claim of Steohen Duclos, 1168 Fifth Ave., filed May 26, 1989, was read. •` 1 „ ,f Referred to the City Attorney's Office. - "`' Claim of Ethel Glover,1617 Marshall Ave., filed May 24, 1989, was read. Referred to the City Attorney's Office. Claim of Patrick Jarchow, 536 E. County Rd. D, Little Canada, MN 55117, was read. Referred tothe 'City Attorney's Office. - s ' 'x Claim of Dennis Kern for Scott Kern,402 Front, filed May 23, 1989, was read.' Referred to the City Attorney's Office. Claim of Bruce,Meyer, 540 E.,County Rd. D, St. Paul, MN filed May 24, 1989, was read. < Referred to the City Attorney's Office. Claim of James Riebe, 2231 N. Oxford, Roseville, MN 55113, filed May 25, 1989, was read. Referred to the City Attorney's Office. Claim of Lloyd Voerding, 1622 Niles Ave., filed June 2,'1989, was read. y ; ; Referred to the City Attorney's Office. Claim of Donald Wondra, 1331 Alton, filed May 23, 1989, was read. Referred to the City Attorney's Office. Claim of Timmers Excavation &Wrecking, 935-937 Arcade, filed May 23, 1989, Was read. Referred to the City Attorney's Office. 9. Summons and Comolaint in the matter of Margaret Del Fiacco vs the City of St. d•*u Paul et el. Referred to the City Attorney's Office. sw- 10. Petition of the City of St. Paul to vacate a parcel of land acquired as a result 'Blocks of the ooening of Energy Park Drive through 46 and 48, St. Anthony Parka Referred to the Finance Department -Real Estate Division. 11. Notification from the Animal Control Suoervisor that a research institution will — - — be receiving animals from the Animal Control Center on June 8, 1989. Filed (CC 813149) ;�rh + ) ,a '�; 333 - H : June 13, 1989 CONNITTEE REPORTS 13. Resolution - 89-898 - Changing the rate of Day for Affirmative Action Director in the Salary Plan and Rates of Comoensation Resolution. (Second Reading & Adoption - Finance Committee recommends aooroval) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 14. Resolution - 89-972 - Establishing the rate of Day for Human Rights Specialist in the Salary Plan and Rates of Comoensation Resolution. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted .Yeas - 6 Nays - 0 15. Resolution - 89-970 - Changing the rate of Day for Fire Training Assistant in the Salary Plan and Rates of Comoensation Resolution to Grade 37, Section I D 6. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember.Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 16. Resolution - 89-973 - Amending the 1989 budget by adding $20,000 to the Financing & Spending Plans for Citywide Data Processing Special Projects. (Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 17. Resolution - 89-9G6 Amending the 1988 and 1989 CIB budget by adding $150,000 for citywide tree planting. (Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adooted .Yeas - 6 Nays - 0 18. Resolution - 89-925 - Amending the 1988 CIB budget by adding $80,000 for the Valley. Recreation Center Site Imorovement oroject. (Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 ADDITIONAL ITEM Resolution - 89-1027 - Authorizing prooer City officials to execute an agreement with the Metr000litan Council accepting 1986 Battle Creek Park Reimbursement grant and amending the 1988 CIB budget by adding $113,204.58 for Indian Mounds Park Site Development. (Laid over from June 8th) Councilmember Rettman referred to this and the following related resolution and she stated clarification and agreement has been reached by all Parties .and she moved aooroval of both resolutions6 Rays - 0. Adopted ' y NEM BUSINESS - RESOLUTIONS 19. Resolution - 89-1007 - Amending the 1989 CIB budget by adding $95,00 for Wheelock Parkway acquisition. (FOR ACTION - Laid over from June 6th) (See discussion above) Adopted Yeas - 6 Nays - 0 - 334 - June 13, 1989 20. Resolution - 89-1012 - Granting property owner Ray Truelson an additional 90 days from June 7, 1989 to complete the requirements of C.F. 89-274 which ordered the correction or wrecking and removal of his structure located at 1890 W. University. (FOR ACTION - Laid over from June 6th) Upon question of Councilmember Rettman, Molly O'Rourke of Councilmember Sonnen's office appeared and said there is agreement to the amendments by Mr. Truelson, Steve Roy and attorney's.and she said Mr. McCormick of the City Attorney's Office has recommended the amendments be incorporated into the resolution. Councilmember Rettman so moved. Upon question of Councilmember Dimond, Ed Starr referred to and explained languagge pertaining to the 90 -day stioulatian. Councilmember Wilson sooke in support of the resolution. Roll call on the resolution as amended. Adopted Yeas - 6 Nays - 0 21. Resolution 89-1046 - Directing the Public Works Director to negotiate with all parties stated to the 1987• discharge incidents to fully recover appropriate shares of fines levied on the City by. State or Federal regulatory agencies and that all monies recovered for the 1987 discharge incidents be deposited 1n the Sewer Service Fund with appropriate budget amendments to be made in 1989 to recover revenue to payy for fines levied against the City. (FOR REFERRAL TO THE PUBLIC WORKS. COMMITTEE) Upon request of Councilmember Scheibel this resolution was laid over to Thursday, June 15th to be considered with a related item on that agenda. Laid over to June 15th. 22. Resolution - 89-1047 - Authorizing orooer City officials to enter into an Agreement with Ramsey County for payment of $6,600 by the City to the County for City's share of shoulder paving along McKnight Road between Mailand and Valley. View Place. (FOR ACTION) Councilmembers Dimond and Goswitz moved approval of the resolution. Adopted Yeas - 6 Nays - 0 23. Resolution - 89-1048 Authorizing orooer City officials to pay Glacier Park Company the amount of $130,000 for the purchase of orooerty in the Sylvan/Acker Streets area in connection with the Rice/Acker Pond Acquisition project. (Public Works Committee recommends aooroval with amendment) Councilmember Rettman explained the amendment and Councilmember Goswitz moved aooroval of the resolution with the understanding plans would be submitte& to the Pubic Works Committee by July 1, 1989. Adopted Yeas - 6 Nays - 0 24. Resolution - 89-1049 - Authorizing proper City officials to execute and convey Ruclaim to release temporary sewer construction easement over Lots 23 and 24, Bl k. 2, Edgewood Park located on the west side of Kenneth between Norfolk and Sheridan. (FOR ACTION) Councilmembers Rettman and Goswitz moved aooroval. of the resolution. Adopted Yeas - 6 Nays - 0 25. Resolution - 89-1050 - Authorizing orooer City officialstoexecute a five year extension to Lease Agreement with the Snelling/Hamlin Community Council for vacant land :adjacent to Ayd Mill Road for use as community gardens. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Councilmembers Rettman and Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 335 - s 2 1 L 2 2 rum i j June 13, 1989 20. Resolution - 89-1012 - Granting property owner Ray Truelson an additional 90 days from June 7, 1989 to complete the requirements of C.F. 89-274 which ordered the correction or wrecking and removal of his structure located at 1890 W. University. (FOR ACTION - Laid over from June 6th) Upon question of Councilmember Rettman, Molly O'Rourke of Councilmember Sonnen's office appeared and said there is agreement to the amendments by Mr. Truelson, Steve Roy and attorney's.and she said Mr. McCormick of the City Attorney's Office has recommended the amendments be incorporated into the resolution. Councilmember Rettman so moved. Upon question of Councilmember Dimond, Ed Starr referred to and explained languagge pertaining to the 90 -day stioulatian. Councilmember Wilson sooke in support of the resolution. Roll call on the resolution as amended. Adopted Yeas - 6 Nays - 0 21. Resolution 89-1046 - Directing the Public Works Director to negotiate with all parties stated to the 1987• discharge incidents to fully recover appropriate shares of fines levied on the City by. State or Federal regulatory agencies and that all monies recovered for the 1987 discharge incidents be deposited 1n the Sewer Service Fund with appropriate budget amendments to be made in 1989 to recover revenue to payy for fines levied against the City. (FOR REFERRAL TO THE PUBLIC WORKS. COMMITTEE) Upon request of Councilmember Scheibel this resolution was laid over to Thursday, June 15th to be considered with a related item on that agenda. Laid over to June 15th. 22. Resolution - 89-1047 - Authorizing orooer City officials to enter into an Agreement with Ramsey County for payment of $6,600 by the City to the County for City's share of shoulder paving along McKnight Road between Mailand and Valley. View Place. (FOR ACTION) Councilmembers Dimond and Goswitz moved approval of the resolution. Adopted Yeas - 6 Nays - 0 23. Resolution - 89-1048 Authorizing orooer City officials to pay Glacier Park Company the amount of $130,000 for the purchase of orooerty in the Sylvan/Acker Streets area in connection with the Rice/Acker Pond Acquisition project. (Public Works Committee recommends aooroval with amendment) Councilmember Rettman explained the amendment and Councilmember Goswitz moved aooroval of the resolution with the understanding plans would be submitte& to the Pubic Works Committee by July 1, 1989. Adopted Yeas - 6 Nays - 0 24. Resolution - 89-1049 - Authorizing proper City officials to execute and convey Ruclaim to release temporary sewer construction easement over Lots 23 and 24, Bl k. 2, Edgewood Park located on the west side of Kenneth between Norfolk and Sheridan. (FOR ACTION) Councilmembers Rettman and Goswitz moved aooroval. of the resolution. Adopted Yeas - 6 Nays - 0 25. Resolution - 89-1050 - Authorizing orooer City officialstoexecute a five year extension to Lease Agreement with the Snelling/Hamlin Community Council for vacant land :adjacent to Ayd Mill Road for use as community gardens. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Councilmembers Rettman and Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 335 - s i z June 13, 1989 26. Resolution - 89-1051 - Suspending licenses held by Candyland located 435 Wabasha and that said suspension be stayed for one year under said terms and conditions. (FOR ACTION - Hearing held Mayy 23rd) Councilmember Scheibel said Mr. Perry, attorney for Candyland, has requested the opportunity to make a statement. Sean Perry aooeared and said his client is no longer appealing the Council's decision but he did ask Council to consider deletion of conditions A and D olaced on the license. Councilmember Scheibel said originally he voted against the suspension because of the language Mr. Perry is referring to. Upon question of Councilmember Scheibel, Mr. Perry said his client complies with conditions B and C. Councilmember Wilson said he sees no reason to amend the conditions of license and Ed Starr spoke in agreement to comments by Councilmember Wilson. Councilmember Dimond spoke in support of keeping the language of the conditions as it is. There was further discussion and Councilmember Wilson stated we need to be consistent and the language Mr. Perry is requesting be deleted is language we use on a consistent basis. He stated very cleary we are concerned with health problems'and also in the future will make thoughtful decisions as they may arise. Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 27. Preliminary Order - 89-1052 - Sidewalk reconstruction on both sides of Desnoyer from Eustis to Curfew, and setting date of Public hearing for July 20, 1989. Adooted Yeas - 6 Nays - 0 28. Preliminary Order - 89-1053 - New sidewalk construction on the north side of East Kellogg Boulevard from Broadway to approx. 233 ft. east of Broadway, and setting date of Public hearing for July 20, 1989. Adooted Yeas - 6 Nays - 0 29. Preliminary Order - 89-1054 - Permanent easement to construct, ooerate and maintain street lighting on the north side of Kellogg Boulevard, and setting date of public hearing for July 18, 1989. Adooted Yeas - 6 Nays - 0 30. Resolution- 89-1055 - Approving assessment and taking a permanent easement on land described as the southeasterly part of 7th Street of Lot 1, Blk. 12, Brunson's Addn. for the puroose of improving and maintaining the Seventh Street Bridge, and setting date of Public hearing for July 18. 1989. Adooted Yeas - 6 Nays - 0 COMMITTEE REPORTS 12. Resolution - 89-835 - Approving and ratifying agreement between the City and the Tri -Council Locals 120, 49; and 132. (Finance Committee recommends approval) Councilmember Long requested an amendment adding the language "or a Water Laborer" and said there would be no effect to the'cost of the contract. John Shockly of Labor & Management Services aooeared and said the amendment is a vehicle to continue the current practice. Councilmember Rettman referred to Committee discussion held and said nothing was construedgping to private contractors. Councilmember Long said we would use our workers more on other types of jobs in order to not contract out and he moved approval of the resolution is amended. Roll call. Adooted Yeas - 6 Nays - 0 - 336 - June 13, 1989 PUBLIC HEARINGS 31. Resolution - 89-1056 - Approving the petition by the Part Authority on behalf of Twin City Testing Corporation to vacate Myrtle Street from the east right-of-way line of Cromwell to the west right-of-way line of Pelham Blvd. No one aooeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 32. Final Order - 89-1057 - Reconstructing sidewalks for the north side of Grand from S. Fairview to S. Wheeler and the north side of University from Pillsbury to'Hampden . (Public Works Committee recommends approval) No one aooeared in 0000sition. Councilmember Goswiti moved aooroval of the order. Adopted Yeas - 6 Nays - 0 33. Final Order - 89-1058 - Sidewalk construction to a width of five feet for the south side of Reaney from Etna to Hazelwood, the east side of Etna from Reaney to Bush, and 'both sides of Wilson from White Bear to Ruth. (Public Works Committee recommends indefinite layover of Reaney and withdrawl of Wilson) No one appeared in 0000sition. After some discussion Council member Dimond withdrew the order. Withdrawn. 34. Resolution - 89-1059 - Ratifying assessment for sidewalk reconstruction for oarts of Lafayette Road, Minnesota Street, Payne Avenue, and University Avenue. No one aooeared in 0000sition. Councilmaober Goswiti moved aooroval of the resolution. Adopted I Yeas - 6 Nays - 0 35. Final Order'- 89-1060 - Condemningg and taking permanent utility and construction easements for property as described in conjunction with the Sylvan/Acker Area Storm Sewer Seoaration project. (Public Works Committee recommends aooroval) No one aooeared in 0000sition. Councilmember Rettnan moved aooroval of the order. Adopted Yeas - 6 Nays - 0 38. Resolution - 89-1063 - Ratifying assessment for condemning and taking -permanent utility easements and temporary construction easements for the Sylvan/Acker Combined Sewer Separation -project. Mr. Daubney, attorney representing' Lawrehce- Smith,aooeared and referred to temporary construction timelines and its financial impacts and he stated this matter will be aooealed to District Court: Ed Starr responded and said the'City will act in the parameters of the law. Councilmember Rettman referred to Committee discussion where all options were considered and said she believes this is the best option and she strongly urged adoption of the resolution. Upon question of Mr. Daubney, Peter White stated temporary construction will be finished either by the end of the year or upon com-pletion of construction and that should be in the resolution. Councilmember Goswitz moved aooroval of the resolution with the amendment that temporary 'easements expire December 31, 1989 or upon completion of the project. Adopted Yeas - 6 Nays - 0 36. Resolution - 89-1061 - Ratifying assessment for condemning and taking easements in conjunction with the reconstruction of the Maryland/Jessie intersection oroject. (Public Works Committee recommends aooroval) No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 -337- �� June 13, 1989 e ; 37. Resolution - 89-1062 - Ratifying assessment for condemning and taking utility a - easement under and across Lot 28, Blk. 4, Rice Street Villa in conjunction with the Albemarle/Nebraska 'ER ,I �� ':' Area Sewer project. (Public Works Committee recommends approval with stipulations) Upon request of Peter White this resolution was laid over one week to June 20th. Laid over to June 20th. 39. Resolution - 89-1064 - Ratifying assessment for boarding up of vacant buildings • ? for January and February 1989. Roger Bonfe Bonfe of Auto appeared regarding property located at 362 W. 7th Street and said he has recently purchased the property which he is donating to the West Seventh Street Federation F • r , for rehabilitation and he said he wasn't aware of the assessment until after the purchase. Ba a; Upon question of Councilmember Scheibel, Ed Starr said in situations where there i has been a recent purchase of orooerty it is an issue between the owner and the previous owner. - - 1 1 Councilmember Scheibel said Mr. Bonfe has out a lot of effort into this orooerty and because it is being given to the West Seventh Federation he recommends deleting the assessment. He said the Federation has been involved with the develooment of other homes which are sold ata low rate. E Councilmember Rettman moved the assessment for prooerty at 362 W. 7th Street be deleted. Roll call. Adopted Yeas - 6 Nays - 0 A Pastor of the Rock of Ages Church located at 734 Edmund aooeared and said they are in a financial crisis and he explained the City boarded up the orooerty at his r request. r Councilmember Wilson said he is familiar with this situation and requested a one ++ week lay over to work out arrangements. r, Laid over one week to June 20th. > , No one else aooeared. Councilmember Wilson said he has received a request from the orooerty owner at 635 Sherburne for a one week lay over. Laid over one week to June 20th. Roll call on the resolution as amended. Adopted Yeas - 6 Nays - 0 40. Resolution - 89-1065 - Ratifying assessment for summary abatements orooerty clean uo from mid-December 1988 through mid-April 1989. Harold Poch, attorney representing George Berg'who owns property located at 2279 Summit, aooeared and explained his client believes he does not own the orooerty in question but that it is City orooerty. He said if the City would give his client a.quit claim deed he would assume full responsibility of the orooerty and its t ` V ,• maintenance. Frank Staffenson of the Health Division aooeared and said the ownership of the property is in question. Councilmember Dimond said we need a determination made before we can make a Y3y decision on this assessment. Councilmember Rettman said she believes we should delete the assessment for Mr. Berg t as it is clear it is not his responsibility and she requested this matter be heard before the Public Works Committee to discuss all options with a recommendation to the City Council. ;r Councilmember Long agreed it would be best to hear this in Committee and he said once clarification is made Mr. Berg will not be assessed if it isn't his orooerty. Molly O'Rourke aooeared and said a determination is needed today on who is -- 1' resoonsible until such time as clarification is made in Committee. (Discussion continued on following page) 1 W. i - 338 - � -j June 13, 1989 (Discussion continued from previous page) John Poor of the Parks & Recreation Division appeared and said this property is a problem and the plat is map verunclear and he said they will maintain this resolved: property until the matter is ed. Referred to the Public Works Committee. Jeffrey Bolden, owner of prop rty located at 738 Burr, aooeared and explained he had bought the orlDoerty on a'contract for deed and then sold it to another oarty who dig not maintain it. He said he did not receive notification but did receive the assessment. Frank Staffenson said notification was sent to the registered owner in March and that Mr. Bolden did not show uo as owner until Aoril 12, 1989. Ed Starr stated this is an assessment against the property and the equitable owner is resoonsible. Councilmembeir Scheibel said it is the owner's responsibility to make frequent visits to their Drooerties. Mr. Bolden urged reduction or elimination of the assessment, and Councilmember Dimond said if this assessment was eliminated it then falls arts on the taxo ers of the ay City - n Cou cilmember Rettman said it's very clear the work was done and the assessment must be oaid and she suggested to Mr. Bolden to work out a cost Dayment with the Valuation Division and she moved aoor6val of the assessment. Later in the meeting Roxanne Flinch of the Valuation Division stated a 10 -year payment plan will be set up for property at 738 Burr. I call on the assessment for 738' Burr. Adopted Yeas - 6 Nays - 0 Dan B.etiner, owner of property located at 1016 Cromwell, aooeared and said he does not reside at the' orooerty and that the tenants were evicted for mon- parent of rent and he said be never received notification. Fr n k Staffenson aooeared and said there is also a snow removal abatement for this property and he said notification was sent. I Councilmember Rettman said the assessment goes with the prooerty and she said the Council has a resoonsibility to the surrounding neighbors and their health and she moved aPProval of the assessment for 1016 Cromwell. Roll call. Adooted Yeas - 6 Nays - 0 Clyde Morris appeared reoresenting property located at 756 Aurora and said he and his ex-wife* are in OrtnershiP together and they only received notification this past Saturday. Frank Staffenson said the green card for this property was not returned to their office and therefore they don't have the file 'today. Upon request of Councilmember Wilson, the assessment for 756 Aurora was laid over one week to June 20th. 'property Robert Roy, owner of 799 Hemline, aooeared and said he ourchased the property the end of November 1988 and in December they homesteaded and he said they did not receive notification. Frank Staffenson said this was a standard clean uo and that Mr. Roy was not shown as the registered owner, and therefore would not have been notified, and Ed Starr referred to contractual rights between persons buying property. Councilmember Rettman suggested to Mr. Roy that he oursue this matter further with an attorney and ,she said the work was done and she moved arMo val of the assessment for 799 Hamline. Mr. Roy suggested that notification be mailed with a return receiot. Roll call on the motion for aoDroval of the assessment 'for 799 Hamlin'.' Adopted 6' Nays - 0 Tim McCarthy appeared reoresenting prooerty located at 394 Dewey and said he spoke to staff who requested an extension. He said he is rehabbing, that he 7 resoonded in the given time and he requested the asssessment be waived. Frank Staffenson said the first order was susoended as the work was comolete'and €;` the second order is what is before Council and that an extension had been ?rante d. Discussion continued on following page) 339 u 1 K - <i X. 1 June 13, 1989 -s - (Discussion continued from orevious page) -4 ? After some discussion Councilmember Wilson moved aooroval of the assessment for Rot ' 394 Dewey. nt2r Roll call. - Adopted Yeas - 6 Nays - 0 =, a Jim Eggert, 593 Van Buren, aooeared and requested a one week lay over. Laid June 20, 1989. 1.�''• c over to George Di Martino aooeared representing orooerty located at 835-37 Margaret and p explained there had been a fire and he presented a cony of a bill from his insurance company for clean, up work they did, .and Frank Staffenson said he did not have the file with him. ' Laid over one week to June 20th. he is Mark Anderson aooeared representing orooerty at 952 Russell and said not the done but it done before he was. and he a questioning work was .was .notified explained he was renting andcould not touch their personal property. I. Councilmember Dimond said we cannot become involved with tenant/landlord issues j. and he moved aooroval of the assessment. ?• Councilmember Scheibel .said owners do have rights, and Ed Starr stated. if debris :1'. creates a hazard the owner has the right to clean it up. i < Roll call on the motion to approve the assessment for 952 Russell. Adopted Yeas - 6 Nays - 0 3x Betty Mylow aooeared representing orooerty at 191 Sherburne and said her oersonal hauler removed the ..debris and she received a bill from the City. Prank Staffenson said debris was removed fromthis orooerty which included a number of tires. Uoon question of Councilmember Wilson, Ms. Mylow said she is in the process of purchasing this orooerty. rilmember Wilson said we rely on our tax records for notification purposes 4p and he said the City did clean up the orooerty and he reminded Ms. Mylow that ! " garbage needs to be. in the orooer containers. Roll the for 191 call on assessment Sherburne. Adopted Yeas - 6 Nays - 0 because no 31a1,� Dave Burns aooeared representing orooerty at 893 Westminster and by the Health Division this, was laid over one - green. card was received assessment week to June 20th.. Benjamin Kail, attorney for Sylvia Lee who owns orooerty at 474 Bidwell, aooeared and read a letter of Twin Cities Haulers and he referred to situations that occurred regarding the clean up of this orooerty. Mr. Staffenson stated no green card was received on this Drooerty and upon request of Councilmember Scheibel, Councilmember Rettman moved this assessment be referred to the Public Works Committee. Referred to the Public Works Committee. No one else aooeared. Councilmember Rettman moved aooroval of the resolution as amended. Adopted Yeas - 6 Nays - 0 n" Councilmember Wilson moved a recall from the Housing & Economic Development Committee pertaining to the appeal of Laurel Ann March to a Summary Abatement Order for orooerty at 232, 234; 236, 238 and 240 N. Dale. He said discussion is continuing in Committee but there is a nuisance that needs to be addressed involves left He said we can sort separately which garbage open and rodents. out later the issue of ownership but the nuisance needs to addressed i� tfiJ zap immediately. Roll call on recall from Committee. — -- Adopted Yeas - 6 Nays - 0 Aooeal of Laurel March to a Summary Abatement Order for orooerty located at 232, 234, 236, 238 and 240 N. Dale. Upon question of Councilmembers, Frank Staffenson suggested denying the appeal 4 u kk to immediately be abated. (Discussion continued on following page) 340 - u 1 K - <i E -341- June 13, 1989 i (Discussion continued from previous oage) Laurel March aooeared and said she has a contract with Poor Richards for hauling and most of the nuisance is around the dumosters and not her resoonsibilityy. Councilmember Wilson After some discussion moved denial of the aooeal and proceeding immediately with abatement onlyy pertaining to garbage and refuse with 5 the second appeal on garage doors to remain'in Committee. Roll call. y r Adopted Yeas - 6 Nays - 0 ? 41. Final Order - 89-823 - Reconstructing sidewalks for oarts of Summit Avenue. (Public Works Committee recommends approval - Laid over from May 11th) No one aooeared in 0000sition. Councilmember.Goswiti moved approval of the Order. Tom Keefe. of Public Works aooeared and requested this and the following Order be withdrawn because they need more time to finish the contract as no repairs are ordered in it, Councilmember Wilson recommended a two week lay over. f < Councilmember Rettman said oeoole are not present for today's hearing because they were under the impression everything had been worked out and she said clear. direction was given in Committee. Laid over two weeks to June 27th. 42. Final Order - 89-822 - Reconstructing sidewalk on the west side of Nina from Summit to Maiden Lane.• -(Public Works Committee recommends approval — Laid over from May 11th) (See discussion above) Laid over two weeks to June 27th. 43. Resolution - 89=1066 - Approving application for Class B Gambling License applied for by the White Bear Boxing Club at the Dutch Bar located at 899 Rice Street. It was noted the Director of the White Bear Boxing Club was present. Councilmember Rettman noted this is a- White Bear group andthat funds will be used outside of St. Pau16 She referred to the high.level, of serious Police calls and said narking is also a serious issue and she referred to a meeting held between the applicant, District 6 and NEAR which was o0sitive. Councilmember-Rettman-said she could approve the resolution with the stioulations that in addition to the 51 percent of funding to.St. Paul..that the aoolicant meet quarterly with District 6 and NEAR, that they- discontinue the use of the natio, and that Dutch's Bar be maintained in an orderly fashion. , A representative of the Boxing Club appeared and,sooke.in agreement to two stipulations and stated he was not aware of any problems within the patio area. Sharon Voyda aooeared and said after meeting with the applicant she feels confident the positive -attitude will continue and if they are willing to monitor she has no oroblems with continuing the Patio service. No one else appeared. Councilmember Rettman moved aooroval of the resolution with stioulations on meetings with District 6 and -NEAR and with monitoring of the area. Roll call on the resolution with stipulations. Adopted Yeas -•6 Nays - 0 44. Resolution - 89-1067 - Aooroving aoolication for Class A Gambling Location License applied for by B H & M Inc. Aba The Dutch Bar located at 899 Rice Street. _ (See discussion above) Adopted Yeas - 6 Nays - 0 E -341- June 13, 1989 45. Resolution - 89-1068 - Approving application for Gambling Manager's License applied for by Robert Butters dba White Bear Boxing Club at the Dutch Bar located at 899 Rice Street. (See discussion above) Ad ooted Yeas - 6 Nays - 0 46. Resolution - 89-1069 - Approving application for State Class B Gambling License applied for by Arlington Booster Club at Lou's.Viaduct:lnn`located at,1056 E. Ah Street.,„ No one appeared in opposition. Councilmember Goswitz moved approval of the resolution. Adopted - Yeas - 6 Nays - 0 47. Resolution - 89-1070 - Approving application for Class A Gambling Location License aoolied for by Lou's Viaduct Inn, Inc. dba Lou's Viaduct Inn located at 1056 E. Ah Street. No one aooeared .in 0000sition.. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 48. Resolution - 89-1071 - Approving application for Gambling Manager's License applied for by Karen Cox dba Arlington Booster Club at Lou's Viaduct Inn located # at 1056 E:-7th Street. No one,aooeared in,0000sition: M Councilmeinber Goswitz moved aooroval of the resolution. Adopted Yeas 6 Nays - 0. 49. Resolution.- 89-1072 - Approving application for State Class B Gambling License r applied for by the Air Force Association at the Starting Gate located at 2516 W. 7th Street. No one appeared in opposition. Christine Rozack of the License Division aooeared and said at first they were recommending denial but questions have nowbeenanswered.and they are now recommending approval. Councilmember Wilson moved aooroval of the resolution. Adooted : Yeas -.6 Nays - 0 50. Resolution - 89-1073 -:Approving application for Gambling Manager's License applied for by Adam Diamond dba the Air Force Association located at 2516 W. 7th Street: _. Noone aooeared in 0000sition. Councilmember Wilson moved aoorovalof the resolution. Adopted. Yeas 6 Nays - 0 51. Resolution - 89-1074 - Aooroving application for Class B Gambling Location License applied for by the Rand Bar, Inc. dba the Starting Gate located at 2516 W. 7th Street: No one aooeared in 0000sition: Councilmeinber Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 52. Resolution - 89-1075 - Approving application for Gas Station License and Additional Pumps aoolied for by Keith Schweiger dba Midway Express located at 1169 University. No one aooeared in 0000sition. Council member Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 June 13, 1989 53. Resolution - 89-1076 - Approving application for General Reoair Garage License aoolied for by Steven Jacobson dba Steve's Auto Service located at 453 W. 7th Street. No one appeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adooted Yeas - 6 Nays - 0 54. Resolution.- 89-1077 -'Approving application for Massage Therapist License aoolied for by Mary Lynn Dorr dba Sister Rosalind's Professional Massage Center located at 734 Grand. No one appeared in opposition. Councilmembers Wilson and. Rettman moved approval of. the resolution. Adopted Yeas - 6 Nays - 0 55. Resolution - 89-1078 Approving the, transfer of Off Sale Liquor License - currently issued to Horizon Management Hospitality Services, Inc. dba The St. Paul Hotel located at 350 Market Street to 350 Market Street, Inc, dba The St. Paul Hotel located at the same address. No one aooeared in 0000sition., .. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas -. 6 Nays - 0 56. Resolution 89-1079 - Approving the transfer of On Sale Liquor, On Sale Sunday Liquor, Hotel/Motel, Restaurant, Catering, Entertainment I and Original. Container Licenses currently issued to Horizon Management Hospitality Services, Inc. dba St. Paul Hotel located at 350 Market Street to 350 Market Street, Inc.. dba The St. Paul Hotel located at the same address. No one aooeared in opposition. Councilm4nber Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 57. Resolution - 89-1080 - Approving application for the renewal of On Sale Liquor, Sunday On Sale Liquor, Off Sale 32 Malt and Restaurant licenses by BAL Inc. dba Wabasha Bar located at 427 S. Wabasha. (Laid over from May. 23rd) It was noted the aoolicant was not oresent in the Chambers. Upon question of Council, Chris Van Horn of Licensing said applicants are not notified on renewals. Councilmember Scheibel said.oeoole are present today to discuss this and that stipulationsmay be added to the license: There was some discussion and Ed Starr said if stipulations were placed on the license today we would not have given the owner due process. He said.we could hear testimony today but we. cannot take action: against the license. Chuck Prentis of the NHS appeared and said several neighbors have expressed concern of Problems with this bar and he referred to specific incidents. He said thereis considerable litter from customers of the bar which is causing a blight and the management.is not handling the problems. Paul Mandel aooeared and said this bar has been the source of many complaints and he said the owner has stated he is not responsible for what goes on outside of his bar. Tim Keenan appeared and said he owns the aoartment complex across the street from this establishment and said he has out a lot of money into the complex. He said there has been on-going problems with this bar and he has a problem with the owner saying he is not responsible. . No one else aooeared. Council member Rettman suggested setting a time and notifying the owner that the public hearing will be continued. Councilmember Scheibel suggested laying this over for two weeks with the owner to be notified about the issues raised. (Discussion continued on following page) - 343 - i � s i June 13, 1989 53. Resolution - 89-1076 - Approving application for General Reoair Garage License aoolied for by Steven Jacobson dba Steve's Auto Service located at 453 W. 7th Street. No one appeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adooted Yeas - 6 Nays - 0 54. Resolution.- 89-1077 -'Approving application for Massage Therapist License aoolied for by Mary Lynn Dorr dba Sister Rosalind's Professional Massage Center located at 734 Grand. No one appeared in opposition. Councilmembers Wilson and. Rettman moved approval of. the resolution. Adopted Yeas - 6 Nays - 0 55. Resolution - 89-1078 Approving the, transfer of Off Sale Liquor License - currently issued to Horizon Management Hospitality Services, Inc. dba The St. Paul Hotel located at 350 Market Street to 350 Market Street, Inc, dba The St. Paul Hotel located at the same address. No one aooeared in 0000sition., .. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas -. 6 Nays - 0 56. Resolution 89-1079 - Approving the transfer of On Sale Liquor, On Sale Sunday Liquor, Hotel/Motel, Restaurant, Catering, Entertainment I and Original. Container Licenses currently issued to Horizon Management Hospitality Services, Inc. dba St. Paul Hotel located at 350 Market Street to 350 Market Street, Inc.. dba The St. Paul Hotel located at the same address. No one aooeared in opposition. Councilm4nber Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 57. Resolution - 89-1080 - Approving application for the renewal of On Sale Liquor, Sunday On Sale Liquor, Off Sale 32 Malt and Restaurant licenses by BAL Inc. dba Wabasha Bar located at 427 S. Wabasha. (Laid over from May. 23rd) It was noted the aoolicant was not oresent in the Chambers. Upon question of Council, Chris Van Horn of Licensing said applicants are not notified on renewals. Councilmember Scheibel said.oeoole are present today to discuss this and that stipulationsmay be added to the license: There was some discussion and Ed Starr said if stipulations were placed on the license today we would not have given the owner due process. He said.we could hear testimony today but we. cannot take action: against the license. Chuck Prentis of the NHS appeared and said several neighbors have expressed concern of Problems with this bar and he referred to specific incidents. He said thereis considerable litter from customers of the bar which is causing a blight and the management.is not handling the problems. Paul Mandel aooeared and said this bar has been the source of many complaints and he said the owner has stated he is not responsible for what goes on outside of his bar. Tim Keenan appeared and said he owns the aoartment complex across the street from this establishment and said he has out a lot of money into the complex. He said there has been on-going problems with this bar and he has a problem with the owner saying he is not responsible. . No one else aooeared. Council member Rettman suggested setting a time and notifying the owner that the public hearing will be continued. Councilmember Scheibel suggested laying this over for two weeks with the owner to be notified about the issues raised. (Discussion continued on following page) - 343 - i June 13, 1989 (Discussion continued from previous oage) Councilmember Dimond moved laying this item over two weeks to June 27th and suggested that stipulations be agreed upon by then and if not then go to adverse action. Roll call on the motion to lay this item over to June 27th with the owner to be notified. Adopted Yeas - 6 Nays - 0 Laid over to June 27th. Councilmember Rettman moved that the rules be suspended to consider an item not on the agenda pertaining to the Dakota Bar and Grill at Bandana Square. Roll call on suspension of the rules. Adooted Yeas - 6 Nays p Resolution - 89-1103 - Approving request by Lowell Pickett dba Dakota Bar and Grill at Bandana Square for Extension of Service Area to the mall area adjoining the restaurant for June 16; 28 and 30 and July 14 and 28 between 6:00 P.M. and 10:00 P.M. in conjunction with summer concerts. Councilmember Rettman moved approval of the resolution. Adooted Yeas - 6 Nays - 0 Councilmember Rettman moved that the rules be susoended to consider a resolution not on the agenda pertaining to the Como Zoo Sparky Arena. Roll call on susoension of the rules: Adopted Yeas - 6 Nays - 0 Resolution - 89-1104 — Dedicating the Sparky Area to Archie Brand for his contributions to St. Paul's Como Zoo. Rol call on the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Goswitz moved that the rules be suspended to consider an item not. on the ,?ends pertaining to appointments -to the Regional Transit Board. Roll call on the motion for susoension of rules. Adopted . . Yeas - 6 Nays - 0 Resolution - 89-1105 - Requesting that the Association of Metropolitan Municipalities nominate and the Metropolitan Council appoint Councilember Roger Goswiti as a member of the Regional Transit Board. Roll call. Adopted Yeas - 6 Nays - 0 Councilmember Dimond moved that the meeting be adjourned. Adooted Yeas - 6 Nays - 0 ADJOURNED AL 12:10 A.M. ATTEST: ci'lPresi ee-K Conies sent to Councilmembers Minutes approved by Council 7 - �ZTerTc�— \ — June 13, 1989 (Discussion continued from previous oage) Councilmember Dimond moved laying this item over two weeks to June 27th and suggested that stipulations be agreed upon by then and if not then go to adverse action. Roll call on the motion to lay this item over to June 27th with the owner to be notified. Adopted Yeas - 6 Nays - 0 Laid over to June 27th. Councilmember Rettman moved that the rules be suspended to consider an item not on the agenda pertaining to the Dakota Bar and Grill at Bandana Square. Roll call on suspension of the rules. Adooted Yeas - 6 Nays p Resolution - 89-1103 - Approving request by Lowell Pickett dba Dakota Bar and Grill at Bandana Square for Extension of Service Area to the mall area adjoining the restaurant for June 16; 28 and 30 and July 14 and 28 between 6:00 P.M. and 10:00 P.M. in conjunction with summer concerts. Councilmember Rettman moved approval of the resolution. Adooted Yeas - 6 Nays - 0 Councilmember Rettman moved that the rules be susoended to consider a resolution not on the agenda pertaining to the Como Zoo Sparky Arena. Roll call on susoension of the rules: Adopted Yeas - 6 Nays - 0 Resolution - 89-1104 — Dedicating the Sparky Area to Archie Brand for his contributions to St. Paul's Como Zoo. Rol call on the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Goswitz moved that the rules be suspended to consider an item not. on the ,?ends pertaining to appointments -to the Regional Transit Board. Roll call on the motion for susoension of rules. Adopted . . Yeas - 6 Nays - 0 Resolution - 89-1105 - Requesting that the Association of Metropolitan Municipalities nominate and the Metropolitan Council appoint Councilember Roger Goswiti as a member of the Regional Transit Board. Roll call. Adopted Yeas - 6 Nays - 0 Councilmember Dimond moved that the meeting be adjourned. Adooted Yeas - 6 Nays - 0 ADJOURNED AL 12:10 A.M. ATTEST: ci'lPresi ee-K Conies sent to Councilmembers Minutes approved by Council 7 - �ZTerTc�— MINUTES OF THE COUNCIL 9:00 A.M JUNE 15, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Schiebel at 9:05 A.M. Present - 5 - Councilmembers Dimond,Long, Rettman, Scheibel, Wilson Absent -;2 - Councilmember Sonnen (excused) and Councilmember Goswitz (arrived. at a point during the meeting) ADDITIONAL ITEM- MISCELLANEOUS Recognition of youth volunteers for the month of June. Council member. Scheibel :recognized and oresented certificates to youths who volunteered their time and efforts for the month of June. ORDINANCES 1. First Reading - 89-1081 - An ordinance amending Chaoter 331 of the Legislative Code ,oertaimng to food, licensingg by authorizing the process of the summaryy closing of licensed food establishments, enacting the standards upon which- closings should take place, and establishingg a hearin9g,and aooeal.orocess subsequent to a summary closing. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Councilmember Rettman explained the ordinance and said this item will be discussed in Committee on July 5th. Referred to the Community & Human Services Coonittee. 2. First Reading - 89-1082 - An ordinance amending Section 409 of the Legislative Code oertaining:to the ohasing out of Private Club Licenses in favor of On Sale Intoxicating Liquor Licenses. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES, COMMITTEE) Councilmember Wilson referred to the Liquor Reform Bill and he explained the intent of this ordinance. Councilmember Rettman said she will notify private club licenseholders when this item be�will on her Committee, agenda. Referred to the Community & Human Services Coonittee. APPLICATIONS - COMMINICATION 3. Administrative Orders D-10280 through D-10295 were noted as on file in the City Clerk's Office. COMMITTEE REPORTS 4. Resolution - 89-1013 - Authorizing orooer'City officials to execute an agreement with the Minnesota Pollution Control Aggency pertaining to stormwater into the Mississiooi River and amending the 1989 budget by adding $150,000 to the Financing '& Spending Plans, for Public Works Sewer Service Enterprise Fund. (Public Works Committee recommends approval) Councilmember Dimond moved_aouroval of this resolution. Councilmember Rettman referred to lengthy discussion in Committee pertaining to internal work on the infastructure. Councilmember Dimond referred to the Additional Item No. 1 on today's agenda (C.F. 89-1046) and suggested that resolution be laid over. Don Nygaard, Public Works Director, aooeared and answered .questions of Councilmember Long. (Discussion continued on following page) Councilmember Goswitz arrived at this point in the meeting. - 345 - _ 1- _ 7 I r June 15, 1989 (Discussion continued from orevious gage) Therewas considerable discussion and Councilmember Wilson said the issue of negotiation will be taken uo seoarate. Councilmember Long referred to the high fine and he said once that issue is settled we will negotiate with other parties. Roll call on the motion for approval of this resolution. Adopted Yeas - 6 Nays - 0 ADDITIONAL ITEM Resolution - 89-1046 - Directing the Public Works Director to negotiate with all oarties stated to the 1987 discharge incidents to fully recover aoorooriate shares of fines levied on the City by State or Federal regulatory agencies and that all monies recovered for the 1987 discharge incidents be deposited in the Sewer Service Fund with appropriate budget amendments to be made in 1989 to recover revenue to Day for fines. levied against the City. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE - Laid over from June 13th) Referred to the Public Works Committee. 5. Resolution - 89-943 - Approving the a000intment by the Mayor of Joseohier Brown as Director of the St. Paul Deoartment of. Human Rights. (Finance Committee submits to Council without recommendation) Councilmember Long said considerable testimony was heard at the Committee meeting and he explained documents he distributed to Councilmembers and he said the. Council has 6o.legal authority other than to either accept or reject the Mayor's recommendation. He said he is confident this process was open and fair andhe is in favor of confirming the recommendation by the Mayor of Mr. Brown and he moved aooroval of the resolution. Councilmember Wilson said this was a long and difficult process which has been very important to the community as well as the Human Rights Department. He referred to statements made relating to other candidates and said we need to move beyond those statements and he said he feels Mr. Brown's criteria meet the lookiat unclassifiedtions need for the oositionsbbei�tirecodified forer son allrunclassifiedferred to ho sitdto ions and he ,requested the Personnel Division to review that and make their recommendation to the Council and he also recommended for the future that the Personnel Division not use PDI in any candidate search. Councilmember Dimond spoke in su000rt of the resolution and of Mr. Brown. Councilmember Rettman said Councilmember Wilson laid out the issues for the future very well and she said we need to direct some of the issues to the City Attorney's Office for review and she spoke in favor of the resolution. Councilmember Goswitz said in the future he would like more information on the too three candidates and he said although he's sure the system is very accurate he will vote for the candidate. Councilmember Scheibel referred to candidates in other jobs and said we need guidelines in which the Council can oarticioate in setting. He said he believes the system was followed and that the overall system has been improved. He said we are a City that respects human rights and he supports the nomination of Mr. Brown. Roll call on the motion aooroving the resolution. Adopted Yeas - 6 Nays 0 6. Second Reading.- 89-967 - An ordinance amending Chapter. 28 of the Legislative Code pertaining to campaign contributions. (Rules & Policy Committee recommends approval of substitute ordinance) Councilmember Long explained and moved approval of the substitute ordinance. Roll call. Adopted Yeas - 6 Nays - 0 Laid over to June 20th for Third Reading. 346 June 15, 1989 3 7. Second Reading - 89-895 - An ordinance amending Chaoter 33 of the Administrative Code pertaining to reimbursement for car expense by providing a monthly increase for elected officials. (Rules & Policy. Committee recommends item be referred to the Finance Committee) n ?' Afters considerable discussion this ordinance was referred to the Finance i X; Committee. Referred to the Finance Committee. 8. Second Reading - 89-896 - An ordinance amending Chaoter 71 of the Legislative ,'- Code pertaining to house numbering and required building permits within one year after a waiver is granted. (Public Works Committee recommends aooroval) Laid over to June 20th for Third Reading. 9. Resolution - 89-795 - Creating the Citizens' Advisory Committee on City Council and Functions for ourooses as listed to consist of 15 members to be staffed by the Director of .Council Research with said Committee report to be submitted no r later than one year after its first meeting. (Rules & Policy Committee recommends aooroval of substitute resolution) Councilmember Dimond requested this resolution be referred back to Committee. Upon question of Councilmember Wilson, Councilmember Long explained the substitute resolution. Councilmember.Scheibel noted that both the. original resolution and the recommended substitute resolution were being referred back to committee.+ Referred to the Rules & Policy Committee, x 10. Resolution - 89-912 - Establishingg a program under the direction of the Elder Council to, identify y a+c t .persons reaching .100 years of age, coordinating aporooriate celebrations and oreoaring. brief the life times S reports on and of each centenarian and that each centenarian receive proclamation and recognition by n; the City. (Rules &Policy Committee recommends approval of a substitute resolution ) Councilmember Rettman moved aooroval of the substitute resolution. Adopted Yeas - 6 Nays - 0 11. Resolution - 89-907 - Amending the 1987 CID budget by adding $20,550 for permanent easements across Kellogg Mall Park to provide the necessaryright-of- way:.for- the .Robert Street Bridge. (Public Works Committee recommends aooroval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 39. Hearing to consider the request of Lunda Construction Company for a variance from the noise source limitations for construction of the Robert Street Bridge. (Laid over from June 1st) Councilmember Scheibel said he received a letter of the Health Division stating staff could not make contact with reoresentatives of Lunda Construction and they are recommending denial of the variance. No one aooeared on behalf of.the aooellant. Councilmember Dimond moved that the request for a noise variance be denied. Roll call. Adopted Yeas - 6 Nays - 0 12. Second Reading - 89-743 - An ordinance amending Chapter 370 of the Legislative Code § pertaining to Board of Examiners for Certificate of Occuoancy of Competency holders. (Community & Human Services. Committee recommends aooroval) �£ Laid over to June 20th for Third Reading. j 13. Resolution - 89-793 - Amending the 1989 budget by adding $6,190 to the Financing y & Spending Plans for Community Services Public Health Animal Pest Control 90 -day 2 { pilot program. (Community & Human Services Committee recommends aooroval) g Councilmember Rettman m Ved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 E r - 347 - __ _ c 1 Wk � l , - June 15, 1969 i "s 14. Resolution - 89-794 - Amendingthe 1989 bud et b addin $10,523 to the Financing & Spending Plans for Cmmunity Services Public Health food inspections St"�{ <x - for community and festival planning and inspections. (Community &Human Services Committee recommends approval) Councilmember Rettman moved aooroval of resolution. y.� Councilmember. Long said he will be looking at this issue during the mid -year budget as requested by the Mayor. Roll call for approval of the resolution: r' • Adopted Yeas - 6 Nays - 0 �': #uT.- NEN BUSINESS - RESOLUTIONS . a M1d:� s• ` 15. Resolution - 89-1083 - Amending tile 1989 budget by adding $202,971 to the Financing & Spending Plans for Citywide Information Services Division computer n capacity upgrading. (FOR REFERRAL TO THE FINANCE COMMITTEE) u Referred to the Finance Committee. 16. Resolution - 89-1084 - Amending the 1989 budget by adding $625.00 to the i Financing & Spending Plans for the Department of Fire & Safety Services to accept a grant from the Metro Region Emergency Medical Services Administration. ACTION Co unc Rettman moved aooroval of the resolution. ;I Adooted Yeas - 6 Nays - 0 d 17. Resolution -'89-1065 - Directing the Department of Fire & Safety Services to . accept an offer by the Midway Rotary Club for stuffed toys to be given to byy St. Paul Fire thanking the Rotary m children being transported ambulances and Club for their (FOR ACTION) u gifts. Councilmember Dimond moved approval of the resolution. 3 ], Adooted Yeas-- 6 Nays - 0 18. Resolution - 89-1086 - Directing the St. Paul Police Departmenf Dungeon of Horrors to accents items listed and thanking Ken Hansen Oil Products, Inc. for their gifts. (FORN) the resolution. aYoears Councilmember valof 6 Nays - 0 19. Resolution - 89-1087 - Declaring oroperty located at 1595 N. Dale no longer a nuisance because the structure has been demolished. (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adooted Yeas - 6 Nays - 0 20. Resolution - 89-1088 - Directing the Public Health Division to file with the City Clerk's Office a list of vacant buildings for properties as listed. (FOR ." ACTIONI v Councilmember Rettman moved aooroval of the resolution. x Adooted Yeas - 6 Nays - 0 rzis yx4� 21. Resolution - 89-1089 Directing the Public Health Division to file with the _ Clerk's Office Orders' Nuisance for located at 1463 Burns; _ Mg" r City of oroperties 1644 Uooer Afton and 1493 Rice. (FOR ACTION) " f w. Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 22. Resolution - 89-1090 -Authorizing proper City departments to reimburse _ Continental Cablevision $6,272 for overpayment of 1987 street maintenance and storm sewer system charge. (FOR ACTION) ;> Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 , - 348 - - 349 - June 15, 1989 23. Preliminary Order - 89-1091 - Sidewalk construction and/or reconstruction for Darts of Bordner Place, S. Finn, Lincoln, Montreal, Palace, Rome, St. Paul, Sargent for, July and Stanford,' and setting date of public hearing 20th. Councilmember Goswitz moved aooroval of the order. Adopted Yeas - 6 Nays - 0 t ) 24. Resolution - 89-1092 - Approving assessment for sidewalk construction for parts of Cohansey, E. Jessamine, Kent, Mackubin, Schletti'and N. Western, and setting date of public hearing for July 20th. Councilmember Goswitz moved aooroval of the resolution. —� Adopted Yeas - 6 Nays - 0 ,. 25. Preliminary Order - 89-1093 - Acquisition of lands for ponding in connection with the'Belt Line Storm Sewer to be known as the Birmingham/York Pond,,,and f setting date of public hearing for July 25th. Councilmember Goswitz the moved aooroval of er ord. - t 9 Adopted Yeas - 6 Nays 0 { ' 26. Preliminary Order - 89-1094 — Condemning and taking orooerty for stormwater detention to be known as the Birmingham/Minnehaha ,Pond, and setting date of public hearing for July 25th: j Councilmember Goswitz moved aooroval of the order. Adopted Yeas - 6 Nays - 0 27. Resolution - 89-1095 - Approving assessment for condemning and taking temporary easement 'under and, across the west, 20 ft. of Lots 10-20, B1k. 8, Merrill's Division of Rice Street Villas in conjunction' with the Albemarle/Nebraska Area Sewer project, and setting date of public hearing for July 25th. i Councilmember Goswitz moved aooroval of the, resolution. Adopted Yeas - 6 "Nays,- 0 ' ` I PUBLIC HEARINGS 28. Hearing to'consider the petition of Pier'I Import to rezone property from B -2C and B-3 to B-2 to allow for the exoansion of an existing retail store'located'at 727 Grand Avenue on the north side between 'Grotto and St. Albans. No one aooeared in 0000sition'. Councilmeinbers Long and Wilson moved aooroval of the Petition. AdoptedYeas - 6 Nays.- 0 j 29. Hearing to consider the petition of Curtis Pasch to rezone orooerty from R-4 to P-1 to oermit construction of off-street Darking located at 647 E. Maryland' on ' the north side between Payne and Greenbrier. _ No one aooeared in 0000sition. CouncilmemberWilson moved aooroval of the petition. Adopted Yeas - 6 Nays - 0 30. Hearing to consider the appeal of Mildred Jackson to a summary abatement order «, for orooerty located at 856 Carroll. Frank 5taffenson appeared and said there are two anneals on this property and the one before Council today is for the repair and/or demolition of the garagge. Ms. Jackson appeared and said she would like to have the garage demolished by her own contractor and she said she has applied for a loan to get the garage — demolished but she won't know for another week or so if that loan has been approved. Councilmember Wilson requested a two week lay over and Frank Staffenson spoke in _ agreement. .i Laid over to June 29th. - 349 - June 15, 1989 j 31. Final Order - 89-746 - Constructing sanitary sewer and service connections in Hall Lane from Delos .Street to 350 ft. north of Delos Street. (Public Works Committee recommends approvall Ms. Shepard appeared and asked the result from the Committee. jo Chris Nicosia of Public Works aooeared and said they are deferring her hook up until she either sells the home or the oresentsystem fails, and Councilmember Rettman requested that language be added on the Order. _ Councilmember Dimond moved approval of the order with the amendment. Adopted Yeas - 6 Nays -.0 . 32. Resolution - 89-1096 - Aooroving aoolication for Class A Gambling License applied for by Punt, Inc. located at 1324 E. Rose. Nb one appeared in opposition. Councilmember Goswiti moved aooroval of the resolution. Christi ne' Rozack,of the License Division appeared and said their recommendation is for approval. Roll call. t Adopted Yeas - 6 Nays - 0. Upon request of Councilmember Scheibel, a representative of Punt, Inc. aooeared and said Punt orovides services for people with mental retardation. 33. Resolution - 89-1097 —Aooroving aoolication for State Class 8 Gambling License i aoolied for by the St. Paul Turners at Hot Rod's located at 1553 University Avenue. No one aooeared in opposition. Upon question of Councilmember Rettman, Christine Rozack of the License Division said the aoolicant has agreed to the stiouations. { Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 34. Resolution - 89-1098 -:Approving with stipulation aoolication for the renewal of Gamblin�q Manager's License aoolied for by David Goodman dba St. Paul Turners at Hot Rod s located .at 1553 University Avenue. No one aooeared in 0000sition: Upon question of Councilmember Rettman, Christine Rozack of the License Division said the applicant has agreed to the stipulations. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 35. Resolution - 89-1099 - Aooroving application for the renewal of various Class III Licenses as listed. Noone appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 36. Resolution - 89-1100 - Aooroving aoolication for Additional Gas Pumps by Big Stop, Inc. dba Big Stop located at 1055 E. 4th Street. No one aooeared in 0000sition. Councilmember Dimond' requested this resolution be laid over to July 18th in order for the District 4 Council to review it because there are two site plans for the same site with different uses. Laid over to July 18th. 37. Resolution - 89-1101 - Aooroving aoolication for Off Sale 3.2 Malt, Grocery and Cigarette Licenses aoolied for by Yebio Semere dba St. Paul Campus Grocery located at 2095 Como Avenue. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 350 - _- 2 c June 15, 1989 j 31. Final Order - 89-746 - Constructing sanitary sewer and service connections in Hall Lane from Delos .Street to 350 ft. north of Delos Street. (Public Works Committee recommends approvall Ms. Shepard appeared and asked the result from the Committee. jo Chris Nicosia of Public Works aooeared and said they are deferring her hook up until she either sells the home or the oresentsystem fails, and Councilmember Rettman requested that language be added on the Order. _ Councilmember Dimond moved approval of the order with the amendment. Adopted Yeas - 6 Nays -.0 . 32. Resolution - 89-1096 - Aooroving aoolication for Class A Gambling License applied for by Punt, Inc. located at 1324 E. Rose. Nb one appeared in opposition. Councilmember Goswiti moved aooroval of the resolution. Christi ne' Rozack,of the License Division appeared and said their recommendation is for approval. Roll call. t Adopted Yeas - 6 Nays - 0. Upon request of Councilmember Scheibel, a representative of Punt, Inc. aooeared and said Punt orovides services for people with mental retardation. 33. Resolution - 89-1097 —Aooroving aoolication for State Class 8 Gambling License i aoolied for by the St. Paul Turners at Hot Rod's located at 1553 University Avenue. No one aooeared in opposition. Upon question of Councilmember Rettman, Christine Rozack of the License Division said the aoolicant has agreed to the stiouations. { Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 34. Resolution - 89-1098 -:Approving with stipulation aoolication for the renewal of Gamblin�q Manager's License aoolied for by David Goodman dba St. Paul Turners at Hot Rod s located .at 1553 University Avenue. No one aooeared in 0000sition: Upon question of Councilmember Rettman, Christine Rozack of the License Division said the applicant has agreed to the stipulations. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 35. Resolution - 89-1099 - Aooroving application for the renewal of various Class III Licenses as listed. Noone appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 36. Resolution - 89-1100 - Aooroving aoolication for Additional Gas Pumps by Big Stop, Inc. dba Big Stop located at 1055 E. 4th Street. No one aooeared in 0000sition. Councilmember Dimond' requested this resolution be laid over to July 18th in order for the District 4 Council to review it because there are two site plans for the same site with different uses. Laid over to July 18th. 37. Resolution - 89-1101 - Aooroving aoolication for Off Sale 3.2 Malt, Grocery and Cigarette Licenses aoolied for by Yebio Semere dba St. Paul Campus Grocery located at 2095 Como Avenue. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 350 - _- 2 x . l� p zgj,�' " �w �`-Ti`s �...s ,..., � .. i ..., .. ...,_:.. . , . :.. ,...., ... ,._.... __— June 15, 1989 - 38. Resolution - 89-1102 - Aooroving the .transfer of On Sale Liquor, On Sale Sunday Restaurant. Liquor,.Entertainment IIT and Licenses currently issued to Park -Con, .y Inc. dba Parkside Lounge located at 1181 Clarenceto,Vogel's Parkside Lounge, Inc. dba Vogel's Parkside Lounge at. the same address. . No. one appeared in.opoosition., m Councilmember.GDswiti'moved approval .of the resolution. Adopted .Yeas -.6 Na s - 0 y 4 Councilmember Rettman moved that the rules be susoended to consider an item not. on the agenda pertaining to easements for the Sylvan/Acker Sewer Separation protect. Roll call on suspension of the .rules.- zby Adopted Yeas - 6 Nays - 0 fr Resolution - 89-1130 - Depositing .$47,950 with the Clerk of.District .Court reoresenting award for acquiring easements for Sylvan/Acker Sewer.. Separation Project. Councilmember Rettman moved -approval of the resolution. ' Adooted Yeas - 6 . Nays - 0, t Councilmember Long moved that the rules be susoended to consider an item not on the agenda pertaining to:.funding for the Child Care Partnership. Program with the resolution to be laid over.dn order for it to be reviewed in Committee. Y' Councilmember Rettman noted the earliest this could he placed on her Committee agenda would be July 5th. Ro11 call on suspension of the rules. Adopted Yeas— 6 Nays - 0 Resolution - 89-1131 - Aooroving 1989 contracts with five agencies for funding under the Child Care Parternshio Program. Laid over to July 6th and referred to the Community & Human -Services Committee. Councilmembers Dimond and Long moved .that the meeting. be adjourned... Adopted Yeas - 6 Nays.- 0 , ADJ0U:R-WED AT 10:45 A.M. V Council President — ATTEST: Cooies sent to Councilmembers tib; 1' Minutes approved by Council �+.~ r90•omk T j - 351 - ,I MINUTES OF THE COUNCIL fzSi . 9:00 A.M �N JUNE 20, 1989 3 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. a Present - 4 - Councilmembers Dimond, Long, Rettman, Scheibel Absent - 3 - Councilmembers Goswitz (excused), Sonnen (excused) and Wilson (arrived at a Point during the meeting). Councilmember Scheibe] noted t 4' Councilmembers Goswitz and Sonnen have been excused to attend the Water Works meeting. ORDINANCES 1. Second Reading - 89-1042 - An ordinance amending Chapter 60 of the Legislative Code and rezoning Property located on the east side of Rice Street between (/ Wheelock Parkway and W. Iowa Street from B-3 and R=4 to B-2 to construct a M retail shopping center. (FOR ACTION - Hearing held April 6th) Laid over to June 22nd for Third Reading. " 2. Second Reading - 89-1043 - An ordinance amending Sections 60 and 62 of the Legislative Code pertaining to Zoning Regulations and permitting fair and festival parking on residential properties. (FOR ACTION - Hearing scheduled for June 29th) Laid over to June 29th for Third Reading. 3. Second Reading - 89-1044 - An ordinance amending Section 157.04 of the Legislative Code pertaining to miscellaneous parkin restrictions and providing exceptions' for fair and festival barking. FOR ACTION - Hearing scheduled for June 29th) Laid aver to 'June 29th for Third Reading:' APPLICATIONS - COIMINICATION 4. Appeal of Nick Bredemus to a Vehicle Abatement Order for orooerty located at 1285 Sylvan Street. Councilmember Rettman moved a date of Public hearing for July 11th. Adopted Yeas - 4 Nays - 0 S. ADD of Thomas Muraski to a Vehicle Abatement Order on Property located at 874 Marion: r Councilmember Rettman moved a date of public hearing for July 11th. Adopted Yeas - 4 Nays - 0 ) 6. Letter of the Valuation Engineer recommending a date of hearing for July 27th to consider the Petition of the City of St. Paul to vacate Darts of Blks. 46 and 47, St. Anthony'Park and 'Parts 'of Kendricks Street and Ke'ndricks Square located between' Raymond and "vacated Bayless. Councilmember Rettman moved a date of Public hearing ,for July 27th. __ Adopted Yeas - 4 Nays - 0 mom June 20, 1989 7. Letter of the Mayor submitting Planning Commission recommendations to the Metropolitan Council and Zoning amendments o0 nelioort Zoning Study. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) r' Referred to the Housing & Economic Development Committee. COMMITTEE REPORTS 4•' 8. Second Reading - 89-729 - An ordinance amending Chapter 403 of the Legislative Code pertaining to minimum distances between bingo halls. (Community & Human Services Committee recommends approval with amendment) It was noted a substitute ordinance has been prepared with the amendment recommended by Committee.- ' 177 Councilmember Rettman explained Committee discussion and the amendment r I oertaining to mileage distance between bingo halls and she moved approval of ,the substitute ordinance. Roll call. Adopted Yeas - 4 Nays - 0 �r b ••i Laid over to July 22nd for Third Reading. Councilmember Wilson arrived at this.00int in the meeting. Resolution - 89-862 -.Amending the 1989 budget by adding $196,888 to the � Financing &Spending Plans for Public Works performance improvements activities. (Public Works Committee'recommendsapproval-with amendment) 'I Councilmember Long requested this resolution be referred to the Finance Committee to be included with the mid -year budget review, and Councilmembers Rettman and Wilson sooke in,supoort of his request. Tom Eggum appeared to, answer afi'questions relative to the rebate. •._ I Referred to the 'Finance Committee. NEN BUSINESS - RESOLUTIONS ( 10. Resolution 89-1106 — Amending the 1989 budget by adding $124,173.73 to the Financing & Spending Plans' for Community Services Parks & Recreation Charitable Gambling Distribution. '(FOR ACTION) Councilmember Rettman said this resolution is in keeping with the intent.of the Council and she stated there are some organizations requesting their money be left in the funds. Ed Starr stated that Phil Byrne will be drafting the aoorooriate language'and I Councilmember Wilson said he is working with Mr. Byrne on a letter which gives licenseholders options. j Councilmember Rettman moved approval of the resolution. Adooted Yeas - 5 Nays - 0 j 11. Resolution - 89-1107 - Supporting full funding of the Job Training Partnership Act Program nation-wide and urging Congress to support an allocation formula for cities throughout the nation to enable the continuation of JTPA services in future uture years. (FOR ACTION) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 12. Resolution - 89-1108 - Authorizing proper City officials to execute an agreement granting $1,000 to Midway Coalition/District'11"for the ouroose of staging the — Horton Park Festival June 24th. (FOR ACTION) Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays'- 0 i i - 353 - -- -- •... yam-,:! - 354 - June 20, 1989 i 13. Resolution- 89-1109 - Authorizing proper City officials to execute an agreement with the State Department of Corrections Stillwater Facility forthecontinuation of the lending library relationshio with the Division of Libraries. (FOR ACTION) 4 ; Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 5Nays - 0 14. Resolution - 89-1110 - Authorizing proper City officials to execute an agreement with the State Department of Transportation forcost participation for the E. 7th Street retaining wall over bridge between Payne and Mounds Blvd. (Public Works Committee recommends aooroval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 15. Resolution - 89-1111 - Establishing a City -College Partnership Initiative to be undertaken in c000eration with the St. Paul Area Chamber of'Commerce's Higher Education Leadership Grouo and that a member of the Council be selected to serve on said group with an annual report to be made to the Council and with a first joint project on a child health and development educational campaiggn to coincide with the City's Year of the Child activifies. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) - After some discussion there was agreement thisitem be referred to the Housing & Economic Develooment Committee. Referred to the Housing & Economic Develooment Committee. 16. Resolution - 89-1112 - Designating Fire Marshal Steven Zaccard as solicitor of the Jr. Fire Marshal funds granted by the St.. Paul Companies with budget to be submitted to and aooroved-by the Council. (FOR ACTION) Roil call. Adopted = Yeas - 5 Nays - 0 17. Resolution - 89-1113-- Denying the petition by -B B-& D -Investments to rezone property, located at 1187 N. Dale from R-4 to B-3. (FOR ACTION - Hearing held June 1st) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 1 Nays - 0 18. Resolution - 89-1114 - Authorizing-orooer City officials to pay Ronald CaD1es and his ,attorney the sum of $4,519.52 and to State Farm Insurance the sum of $480.48 from the Tort Liability Funds in full settlement of claim. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted - Yeas - 5- Nays - 0 19. Resolution - 89-1115 - Authorizing orooer City officials to oay Michael Drake the sum of $3,500 from the Tort Liability fund in full settlement of claim. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5Nays -,0 PUBLIC HEARIN65 20. Third Reading - 89-967 - An ordinance amending Chapter 28 of the Legislative Code Pertaining to campaign contributions. (Rules & Policy Committee recommends aooroval of substitute ordinance) No one aooeared in 0000sition. Laid over to June 27th for Final Adootion. - 354 - June 20, 1989 21. Third Reading 89-896 An ordinance amending Chapter 71 of the Legislative Code oertaining to house numbering and required building permits within one year after a,waiver is granted. (Public Works Committee recommends a.D.oroval) No one aooeared in ooDosition. Laid over to June 27th for Final Adoption. ! 22. Third Reading - 89-743 - An ordinance amending Chapter 370 of the Legislative Code pertaining to Board of Examiners for Certificate of.Occuoancy of Competency holders. (Community &,Human Services Committee recommends approval) No one 2 aooeared in 0000sition Council6ember Rettman said 6111 Peterson has submitted a letter of the Trades Union in sup ' oort of this ordinance.. Laid over to June 27th for Final Adoption. 23. Resolution - 89-1062 - Ratifyini assessment for condemning and taking utility s ea ement under. and across Lot 28, Blk. 4, Rice.Street Villa in conjunction with (Public Works Committee recommends e Albemarle/Nebraska Area Sewer,oroject. th s Laid over from June 13th) aDoroval with stioulation Nb.one appeared in 0000sition. Councilmember Rettman referred to a letter she received of Peter White to a property owner and asked that the letter be part of the file. Couhcilmember Rettman moved approval of the resolution. Roll call. Adopted Yeas,- 5 Nays - 0 27. Final Order: - 89-1118 Condemning and taking easement in land necessary, for. slopes, cuts and -fills including right of removal of lateral support from land occasioned by excavations or; construction of slopes in the,gradidg. and,paving of the east -west and westerly north -south alleys in BlIk. 26 of Chas. Weide 's Subd. IN � of Blks. 25-26 of Arlington Hills Addn. bounded by Edgerton, Sims, Payne and York. (Public Works Committee laid over in Committee to June 21st) John Saumweber of the Real Estate Division appeared on this and the following related item and requested,an indefinite layover to determine URAP funding. A property owner appeared and spoke in opposition to the indefinite layo ver. e diistributed photog�aohs of his, prooerty which showed water run offs and he.said he needs the alley �epaired this �ear or it will cause further damage to his home. Councilmember Rettman explained this item will be,heard in Public Works Committee tomorrow and she explained the need. to know URAP funding is. available. The,property owner of 592 Sinis also aPpeared and said she will be attending the Committee meeting. 100i Councilmember Rettman said aporouriate language needs to be drafted for a assessment and she explained t, he heed to follow proper procedures. Councilmember Rettman moved this item be laid over one week to June 27th. • Adopted Yeas - 5 Ways - 0 Laid over to June 27th. 28. Final Order - 89-1119 - Imoroving alleys in Blk. 26, Chas. Weide's Subd. of Blks. 25-26 of Arlington Hill's Addn. by grading and oav% east -west alley from -A the westerly north -south alley to the easterly north -south alley and .graol IoVn caving the westerly north -south alley for Sturm water purposes for the area from Sims to the north line of Lot 81k. 26 and. constructing sewer in alley , bounded by Edgerton, Sims, Payne and York. (Public Works Committee laid over in Committee to June 21st) (See discussion above)) Laid over to June 27th. 355 - ®E'er June 20, 1989 29. Resolution - 89-1120 - Ratifying assessment for sidewalk construction and/or reconstruction for oarts of Cayuga, Barclay, Fairview, Hawthorne, E. Iowa, E. Ivy, James, Parkway'Drive and Galtier. Chris Nicosia of the Public Works Deoartment aooeared and said oeoole are present today with concerns about Hawthorne and he requested that the resolution be approved with Hawthorne to be laid over to July 6th: Councilmember Dimond moved aooroval of this resolution with the deletion of Hawthorne to be heard on July 6th. Adooted Yeas - 5 Nays - 0 30. Resolution - 89-921 - Aooroving application for the renewal of Gas Station and General Repair Garage Licenses applied for by Robert Dunn dba Dunn's Service Station located at 1328 S. Point Douglas Road. (Laid over from May 23rd) No aooeared in 0000sition. Upon request of Councilmember Dimond this resolution was laid over four weeks to July 18th. Laid over to July 18th. 31. Resolution - 89-1121 - Approving application for the renewal of State Class A Gambling License aoolied'for by Guadalupe Mexican Education Society located at 1494 N. Dale. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 32. Resolution - 89-1122 - Aooroving the request by Ordway Music Theatre to extend their service area at 345 Washington Street to include an outdoor oatio for dates and times and conditions listed. Noone aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted — Yeas 5 Nays - 0 33. Resolution - 89-1123:- Aooroving application for the renewal of various Class III Licenses as listed. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 34. Resolution- 89-1124 - Aooroving aoolication for the renewal of various On Sale Liquor and Su porting Class III Licenses as listed. No one appeared in opposition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 35. Resolution -89-1125 - Aooroving the renewal of On Sale Wine, On Sale Malt and Restaurant Licenses held by Lotus Victoria Crossing, Inc. dba Lotus Victoria Crossing located at 867 Grand. No one aooeared in opposition. CouncilmemberWilson moved aooroval of the resolution. Adopted Yeas - 5 - Nays - 0 36. Resolution - 89-1126 - Approving aoolication for Gas Station with additional oumos, Grocery and Cigarette Licenses aoolied for by David Kroona dba Hazel Park Amoco 'located at 1200 White Bear Avenue. No one aooeared in 0000sition. Upon request of Councilmember Dimond this resolution was laid over two weeks to July 6th. Laid over to July 6th. - 356 - j i "r-, !C � 4 Yp R V. ...... ,....,x. 2 � r June 20, 1989 t % , 37. Resolution - 89-1127 - Approving application for General Reoair License applied bivt for by David Kroona dba Hillcrest Certicare Repair Center at 1581 White Bear t Avenue subject to conditions of special condition use permit with site work to be completed by March 15, 1990. s w No one aooeared in 0000sition. u s y{ Upon request of Councilmember Dimond this resolution was laid over two weeks to iy CJbl6th. A Laid over to July 6th. 24. Resolution - 89-1116 - Ratifying assessment for boarding of vacant buildings for January and February 1989 for 734 Edmund. (Laid over from June 13th) Steve Roy appeared and stated verbal approval was given by the property owner to secure the building and he is not aopea1' the assessment but would like the r payments extended and he suggested extengin e " 99 extending the Payments over a four year period... Councilmember 'Wilson moved aooroval of the assessment with the payment extended over four years. „k Adopted Yeas - 5 Nays - 0 i 25. Resolution - 89-1117 -Ratifyingg assessment for summary abatements orooerty cleanuo from 'mid-December 1988 through mid-April 1989 for 756 Aurora, 593 'Van Buren, 835-7 Margaret, 893 Westminster and 635 Sherburne. (Laid over from June 13th) Clyde Morris aooeared representing orooerty located at 756 Aurora and he stated the garage was secured and he said he was not given proper notification. r Steve Roy appeared and oresented his staff report and said two notices were sent to the owners listed as welt as the occupants and that work was completed by the u City. Councilmember Wilson said it is unfortunate situation but that the correct address is now listed orooerly with the City. Upon question of Councilmember Long, Mr: Roy said notification was `mailed to the correct address at the time to a residence in Andover. Steve Roy appeared and ,oresented his staff report for orooerty located at 593 Van Buren and he exolained the gentleman recently ourchas'ed the home and did check on outstanding assessments but this assessment was listed at that time, and he said extensive clean up was done on this orooerty: The owner aooeared and said. the end of January he did look at the orooerty and checked for any outstanding assessments as well as a title search and no problems showed uo. He said he is, trying to improve this orooerty and he requested a reduction in the assessment. Councilmember Wilson said this is another unfortunate situation but there is no . basis to reduce the assessment and he noted the Council is not in the position to make arrangements. with the'orevious owner. He suggested to the owner to meet with City staff today to extend his assessment over a number of years. a Councilmember Rettman thanked the owner for taking over this orooerty and uoon question of Councilmember Dimond the owner stated the orooerty will be for his ' home ownership. _ s , Steve Roy aooeared and gave his staff report for orooerty located at 835-7 �a Margaret and said there were two abatements and that all listed orooerty owners were notified of the assessment. He explained there was a fire at the property v after the first order was given and that was the cause for the second order. Mr. DeMartino, orooerty owner, aooeared and said he was present last week but - j this was laid over in order for City staff to present photographs taken after the fire and he showed a copy of his receipt for work completed by his trash z?y hauler after the fire. �._ After it was determined no photographs were present in the file today, Councilmember Rettman recommended deletion of this assessment for the order involving fire damage. She said this address was specifically laid over in T?` order to view the photographs and Mr. DeMartino has now taken two days off work but she stated the owner should keen aoorised of his orooerty in the future. (Discussion continued on following page) -357- J ,N I i (Discussion continued from previous page) Upon question of Council, Steve Roy stated without photographs taken by the Parks Deoartment he is unsure if the work was completed by City staff or not. Councilmember Dimond spoke in su000rt of extending the assessment over a certain number of years but not to deleting the assessment in its entirety because the work was done. Councilmember Rettman said Mr. Roy has stated he is unsure whether the work was done and the owner has a receiot stating his hauler did the work and she strongly suggested deleting this assessment. Councilmember Wilson sooke in su000rt of deleting the assessment and said this should send a strong message to staff to bring in information as requested by Council for determining these assessments. Roll call on the motion to delete the assessment for Property located at 835-7 Margaret Street as it pertains to fire damage. - Adopted Yeas - 4 Nays - 1 (Dimond) Steve Roy aooeared and presented "his staff reoort for oropert located at 893 Westminster and explained there are two assessments at this addvress and both are being addressed today and that notification was sent to Messrs. LaBore and Burns. Dave Burns aooeared and exolained he oreviously owned this property and sold it on a contract for deed and through circumstances he is oresently the owner again and he said this assessment was from the period of time he did not own the orooerty and he did not receive notification.' Councilmember Wilson stated the City cannot enforce agreements between property owners;'and.sellers. Steve Roy appeared and presented his staff report for property located at 635 Sherburne and said this oioDerty was before Council a few months back and at that time Council gave direction to proceed with the abatement. The orooerty owner appeared and said his garage was secured and that the City broke into it without cause and he said he doesn't feel he should be assessed. Upon question of Council, staff of the Parks & Recreation Division appeared and said 'in most cases before entering property to clean up the Police are called to be present and he said a property is cleaned up upon in Order received from the Health Division.' Upon question of Councilmember Long, EdStarr stated if the Health Division feels a'garage is'creating a'dangerous hazard they can go in and clean it up. There was considerable discussion and Councilmember Wilson said he 'sees no reasons to delete the assessment after looking at the photographs distributed by staff and because'orouer notification was sent and received by the owner. Later in the meeting it was noted this assessment should be extended over the next 20 years. No one else aooeared. Steve Roy noted that the assessment for orooerties at 593 Van. Buren and 893 Westminster should be extended over a 10 year period. - Councilmember Wilson moved aooroval of the resolution as amended above. Adopted Yeas - 5 Nays - 0 26. Hearing to consider the aoDeal of Robert Hoelzel to a Summary Abatement Order for property located east 'of 423 Jessamine. Steve Roy explained this appeal was received late and the work was already completed. Councilmember Rettman moved denial of the aooeal. Adopted Yeas - 5 Nays - 0 - 358 - M ' June 20, 1989 ,N I i (Discussion continued from previous page) Upon question of Council, Steve Roy stated without photographs taken by the Parks Deoartment he is unsure if the work was completed by City staff or not. Councilmember Dimond spoke in su000rt of extending the assessment over a certain number of years but not to deleting the assessment in its entirety because the work was done. Councilmember Rettman said Mr. Roy has stated he is unsure whether the work was done and the owner has a receiot stating his hauler did the work and she strongly suggested deleting this assessment. Councilmember Wilson sooke in su000rt of deleting the assessment and said this should send a strong message to staff to bring in information as requested by Council for determining these assessments. Roll call on the motion to delete the assessment for Property located at 835-7 Margaret Street as it pertains to fire damage. - Adopted Yeas - 4 Nays - 1 (Dimond) Steve Roy aooeared and presented "his staff reoort for oropert located at 893 Westminster and explained there are two assessments at this addvress and both are being addressed today and that notification was sent to Messrs. LaBore and Burns. Dave Burns aooeared and exolained he oreviously owned this property and sold it on a contract for deed and through circumstances he is oresently the owner again and he said this assessment was from the period of time he did not own the orooerty and he did not receive notification.' Councilmember Wilson stated the City cannot enforce agreements between property owners;'and.sellers. Steve Roy appeared and presented his staff report for property located at 635 Sherburne and said this oioDerty was before Council a few months back and at that time Council gave direction to proceed with the abatement. The orooerty owner appeared and said his garage was secured and that the City broke into it without cause and he said he doesn't feel he should be assessed. Upon question of Council, staff of the Parks & Recreation Division appeared and said 'in most cases before entering property to clean up the Police are called to be present and he said a property is cleaned up upon in Order received from the Health Division.' Upon question of Councilmember Long, EdStarr stated if the Health Division feels a'garage is'creating a'dangerous hazard they can go in and clean it up. There was considerable discussion and Councilmember Wilson said he 'sees no reasons to delete the assessment after looking at the photographs distributed by staff and because'orouer notification was sent and received by the owner. Later in the meeting it was noted this assessment should be extended over the next 20 years. No one else aooeared. Steve Roy noted that the assessment for orooerties at 593 Van. Buren and 893 Westminster should be extended over a 10 year period. - Councilmember Wilson moved aooroval of the resolution as amended above. Adopted Yeas - 5 Nays - 0 26. Hearing to consider the aoDeal of Robert Hoelzel to a Summary Abatement Order for property located east 'of 423 Jessamine. Steve Roy explained this appeal was received late and the work was already completed. Councilmember Rettman moved denial of the aooeal. Adopted Yeas - 5 Nays - 0 - 358 - M ;; rt t, June 20, 1989 38. Resolution - 89-1128 - Susoending On Sale Intoxicating Liquor license held by Pat -Con, Inc., Blarney, Inc., and J. J. White, Inc., dba Pat's Bar & Grill located at 719 N. Dale. (NOT CONTESTED) . Phil .Byrne appeared and said he received a phone call from Mr. Montoetit who is the attorney representing _Pat's Bar who said his client is now contesting the factsand Mr: Byrne said the hearing is now being scheduled with the Administrative Law Judge. The resolution was withdrawn. The Council at this time recessed and reconvened at 10:25 A.M. Councilmember Rettman introduced members of American Legion Post 474 present, in is teacher at the Councilmember Chambers today along with Helen Anderson who a 'Bear Lake High School to discuss the Target' Interactive Project. Mr. White Thein of the American Legion gave background information on aid given to youth o the funds and on the 'TIP Program, and Ms. Anderson gave a detailed analysis ..._' 1 orogram,'equipment;'and the valuable use it has in the schools. CoUncilmember-Rettman said 'there 'are only five on these piograms throughout the United States and this particular grogram will be available for the full school (CC d13150) district. 39. Resolution - 89-1129 - Suspending On Sale Intoxicating Liquor, Sunday On Sale 7th and other licenses held by DARP Corporation, dba F,ittis located at 828 E. Street.(NOT CONTESTED) Phil "Byrne" stated during the recess it was pointed out, to him that Councilmembers did not have certain documentation to be reviewed before today's hearing. He said he sooke with the attorney for Fitti's who would like this laid over in order for Council to review it and he said he has no objection to a j lay over. Laid over one week to June 27th. Councilmember Long moved that the rules be suspended to consider an item not on the agyenda which was adopted last Week pertaining to the appointment of Councilmember`Goswitz'to'serve on the Regional Transit Board. He,su99ested'two names be considered and that Councilmember Wilson could be considered as a be the Mayor's recommendation to the candidate to that oosition'and that it will Metrobolitan Council for a `final decision. Council member'Scheibel said it is good to have two names on the resolution, and Councilmember Wilson stated he has tried to contact Councilmember Goswitz and will to do so. .continue Roll call on the motion for'suscension of the rules. Adopted Yeas - 5 Nays - 0 Councilmember Long moved that Councilmember Wilson also be nominated for appointment to the, Regional'Transit Board. Roll call. Adopted Yeas - 5 Nays - 0 9 Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 5 Nays - 0 —' -{ AT I T: A D J DU R N' ED A T 10:55 A.M. rest en t y er Copies sent to Councilmembers '7-�8s:'`J ABO.pnk Minutes aooroved by Council - 359 - i MINUTES OF THE COUNCIL 9:00 A.M JUNE 22, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 4 - Councilmembers Dimond,Rettman, Scheibel, Wilson Absent - 3 - Councilmembers Goswitz (excused), Long (arrived at a Point during the meeting) and Sonnen (excused). APPROVAL OF MINUTES 1. Approval of minutes for City Council meetings of May 2, 4, 9, 11, 16, 18, 23, 25 and 30; 1989. Councilmember Rettman moved aooroval of the minutes. - Adopted Yeas - 4 Nays - 0 ORDINANCES 2. Third Reading - 89-1042 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property located on the east side of Rice Street between Wheelock Parkway and W. Iowa Street from B-3 and R-4 to B-2 to construct a retail shopping center. (FOR ACTION - Hearing held April 6th) Laid over to June 29th for Final Adoption. 3. First Reading - 89-1132 - An ordinance amending Ord. No. 17443 adopted March 17, 1987 by adding parking meter zones on Sixth Street on the south side from Robert to Jackson Streets. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. APPLICATIONS- COMUMICATIOM 4. Letter of the Real Estate Division recommending a date of hearing for July 25th to consider the petition of M.S.D., Inc. for the vacation of a one foot strio'of the alley in Lots 24-26, Blk. 4, Denslow's Addn., bounded by Stinson, Burgess, Como and.Mackubin. Councilmember Rettman moved the date of public hearing for July 25th. Adopted Yeas - 4 Nays - 0 5. Letter of the Real Estate Division recommending a date of hearing for July 25th to consider the petition of the City of St. Paul to vacate Darts of Lot 1, Blk. 2, Auditors Subd. 75 and Dart of Lot 8, Summit Cresent bounded by John Ireland Blvd., 'Summit and Rice. Councilmember Rettman moved the date of oublic hearing for July 25th. Adopted Yeas - 4 Nays - 0 6. Appeal of Jennie Charles to a Summary Abatement Order (broken sewer) for property located at 2173 Nortonia. Councilmember Rettman moved the date of public hearing for July 11th. Adopted Yeas - 4 Nays - 0 7. Claim of Roxie Aho,929 E. 6th Street, filed June 5, 1989, was read. Referred to the City Attorney's Office. Claim of David Baloga,1029 Raymond Ave. 06, filed June 9, 1989, was read. Referred to the City Attorney's Office. 360 - d ,. M June 22, 1989 Claim of Jerome Brastad, 2901 Valley View Dr., Burnsville, MN, filed June 7, 1989, was read. Referred to the City Attorney's Office. ` �•=y> k ( a Claim of Kenneth Greener, 5040 -17th Ave. S., Minneaoolis, MN, filed June 8, 1989, was read. Referred to the City Attorney's Office. Claim of Chet Jablonski, 1579 Old Hudson Road, filed June 6, 1989, was read. Referred to the City Attorney's Office. p Claim of Christopher Kelly, 275 E. Hurley, W. St. Paul, MN, filed June 6, 1989, was read. Referred to the City Attorney's Office. - {'` Claim of Julie McNeely, 2470 Lisbon Ave. N., filed June 12, 1989, was read. Referred to the City Attorneys Office. �G 1 Claim of Evan Roberts, 60 S. Milton ill filed June 9; 1989, was read. Referred to the City Attorneys Office. 1.I { ? i Claim of Martin Young, Rt. 1, Box 130, Red Wing, MN, filed June 7, 1989, was, read, } 7 "• Referred to the City Attorney's Office. B. Summons and Complaint in 'the matter of Pauline and Robert Brown vs the City of St. Paul et al.' Referred to the City Attorney's Office. 9. Correspondence and documentation of Sharon Anderson. Filed j - (CC 513151) 10. Administrative Orders D-10296 through D-10305 were noted as on :file in Office. Clerk's Othe City, COM9ITIEE REPORTS " 11. second Reading 89 742 - An ordinance amending Chapter 60 of the Legislative Code enacting zoning text changes pertaining to Special Condition Use Permits. (Housing & Economic d Development Committee recommends approval) Laid over to July 13th for Third Reading. Councilmember Long arrived at this point in the meeting. Gds 12. Resolution - 89-843 - Reconstituting the Energy Park Development District (including the Twin City Testing Area) Advisory Board to consist of members as listed and requesting the Mayor to submit appointments to positions. (Housingg & Economic Development Committee recommends approval of a substitute resolution) Councilmember Wilson moved approval of the substitute resolution. s Upon question of Councilmember Rettman, Councilmember Wilson explained the changes made by Committee for the substitute resolution. au A, 4 Roll call on approval of the substitute resolution. Adopted Yeas - 5 n. Ways - 0 u Mry r � 13 ?i�StT1y3 h S ,y} <ti -361- r 362 June 22, 1989 13. Resolution - 89-774 - Stating intent to consider amendments to Chapter 61 of the renstructed Zoning Code to provide all setbacks for building or other structures co adjacent to parkways or parks be the same as presently mandated in residentially zoned districts and requesting the Planning Commission to consider said amendments and submit their recommendation and findings to the Mayor and City Council. (Housing & Economic Development Committee recommends aooroval) Councilmember Wilson noted that PED staff will be handling this item in a consistent manner. Roll call Adopted Yeas - 5 Nays - 0 14. Resolution - 89-1133 - Approving action by the Board of Aooeals and Review taken February 14, 1989 for uroperty located at 436 Shepard Road, John Kerwin/Nicollet Restoration appellant. (Housing & Economic Development Committee submits to Council without recommendation) - Councilmember Scheibel referred to a letter he previously distributed requesting W this item be laid over for two weeks. Councilmembers Wilson and Dimond moved that this resolution be laid over two weeks to July 6th. Adopted Yeas - 5 Nays - 0 Councilmember Dimond moved that the rules be suspended to consider an item not on the agenda oertaining to the bidding of contracts for work on I-94. He said this item has been heard in the Public Works Committee and although the funding source has not yet been identified it is important to act on this today as bidding goes in tomorrow. Councilmember Rettman referred to page 2 of the resolution pertaining to languagecommittingthe City for funding differences and the need for signatures by the Budget Director and the City Attorney. Phil Byrne explained this is at a procedural stage and the funding source would have to be approved if there isn't already a line item. Chris Nicosia of the Public Worksstaff appeared and said this is a supplemental agreement already made with MnDOT and that the funding source will come from either a line item or through the CIB fund balance that has been completed and he suggested the resolution be split to vote on the funding source at a separate date. Councilmember Rettman referred to and explained her reluctance to splitting the resolution. Councilmember Wilson said it is imoortant to have the funding source identified but we need to support this concept and this project will be an enhancement throughout the City and he said he is comfortable that funds will be found and he sooke in su000rt of the resolution. Councilmember Long said we need to get in our initial bid tomorrow and he spoke in su000rt of the resolution. After discussion it was agreed the funding source could be considered as a seoarate issue. Roll call on suspension of the rules. AdoptedYeas - 5 Nays - 0 Resolution - 89-980 - Authorizing proper City officials to Approving and execute an agreement with MnDOT for $571,390.93 to be paid to MnDOT for sewer and bridge work to reconstruct I-94 between the Lafayette Bridge and Third Street. _ Councilmember Dimond moved aooroval of the resolution as amended. Adopted Yeas - 5 Nays - 0 r 362 W June 22, 1989 Upon request of Councilmember Scheibel, Councilmember Dimond moved that the rules be suspended to consider an item not on the agenda pertaining to a request by the Parks and Recreation Division to work with the City of White Bear Lake for training of lifeguards and it was noted the City of St. Paul would receive funds. Councilmember Dimond moved suspension of the rules. Roll call. Adopted Yeas - 5 Nays - 0 Resolution - 89-1171 - Authorizing proper City officials to execute an agreement with White Bear to hire, train and manage beach personnel to work at Bellaire Beach. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 5 Nays - 0 NEW BUSINESS - RESOLUTIONS 15. Resolution - 89-1134 - Authorizing submission of the amended Energy Park Tag Increment Financing Plan to Ramsey County and ISD #625 Boards for review. (Housing & Economic Development Committee recommends approval) " Councilmember Wilson answered' various questions of Councilmembers Long and Rettman. Adopted Yeas - 5 Nays - 0 16. Resolution'- 89-1135 '- Amending the 1989 budget by adding $202,971 to the Financing & Spending Plans for the lease/purchase of computer capacity uo rade COMMCIt de Information Services Division. (FOR REFERRAL TO THE FINANCE Upon request of Councilmember Long this resolution was laid over to Tuesday, June 27th. Laid over to June 27th. 17. Resolution - 89-1136 - Authorizing the Police Department to charge 3 percent to. all individuals who oay for goods or services from the Impound lot using checks or credit cards. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 18. Resolution = 89-1137 - Authorizing the Director of Public Works to issue to Macaiester College or to a licensed and bonded contractor a permit to reconstruct sidewalk ;adjacent to the College subject to terms and conditions. R REFERRAL TO THE PUBLIC WORKS COMM,ITTEE) , Verred to the Public Works Committee. 19. Resolution - 89-1138 - Directing the Port Authority to use funds from its net. income to refund to St. Paul taxpayers $1,639,504 collected in 1989, to notify Ramsey County Auditor on or before October 1, 1989 that they will use funds availlgable in their own treasury to pay principal and interest on its general oblthePort Authority ation ith no ame d Basic Regto ulationa876- ers irequi rementt rega dand mngndthe fund balance in the Accumulated Net Revenue Fund. .(FOR REFERRAL TO THE FINANCE COMMITTEE), to the Finance Committee. 20. Resolution - 89-1139 - Approving the appointment by the Mayor of James Shelton to serve as Chairoerson of the St. Paul Human Rights Commission. (FOR ACTION) Councilmember Long moved aporoval of the resolution. Adopted Yeas - 5 Nays - 0 - 363 - I - r r W June 22, 1989 Upon request of Councilmember Scheibel, Councilmember Dimond moved that the rules be suspended to consider an item not on the agenda pertaining to a request by the Parks and Recreation Division to work with the City of White Bear Lake for training of lifeguards and it was noted the City of St. Paul would receive funds. Councilmember Dimond moved suspension of the rules. Roll call. Adopted Yeas - 5 Nays - 0 Resolution - 89-1171 - Authorizing proper City officials to execute an agreement with White Bear to hire, train and manage beach personnel to work at Bellaire Beach. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 5 Nays - 0 NEW BUSINESS - RESOLUTIONS 15. Resolution - 89-1134 - Authorizing submission of the amended Energy Park Tag Increment Financing Plan to Ramsey County and ISD #625 Boards for review. (Housing & Economic Development Committee recommends approval) " Councilmember Wilson answered' various questions of Councilmembers Long and Rettman. Adopted Yeas - 5 Nays - 0 16. Resolution'- 89-1135 '- Amending the 1989 budget by adding $202,971 to the Financing & Spending Plans for the lease/purchase of computer capacity uo rade COMMCIt de Information Services Division. (FOR REFERRAL TO THE FINANCE Upon request of Councilmember Long this resolution was laid over to Tuesday, June 27th. Laid over to June 27th. 17. Resolution - 89-1136 - Authorizing the Police Department to charge 3 percent to. all individuals who oay for goods or services from the Impound lot using checks or credit cards. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 18. Resolution = 89-1137 - Authorizing the Director of Public Works to issue to Macaiester College or to a licensed and bonded contractor a permit to reconstruct sidewalk ;adjacent to the College subject to terms and conditions. R REFERRAL TO THE PUBLIC WORKS COMM,ITTEE) , Verred to the Public Works Committee. 19. Resolution - 89-1138 - Directing the Port Authority to use funds from its net. income to refund to St. Paul taxpayers $1,639,504 collected in 1989, to notify Ramsey County Auditor on or before October 1, 1989 that they will use funds availlgable in their own treasury to pay principal and interest on its general oblthePort Authority ation ith no ame d Basic Regto ulationa876- ers irequi rementt rega dand mngndthe fund balance in the Accumulated Net Revenue Fund. .(FOR REFERRAL TO THE FINANCE COMMITTEE), to the Finance Committee. 20. Resolution - 89-1139 - Approving the appointment by the Mayor of James Shelton to serve as Chairoerson of the St. Paul Human Rights Commission. (FOR ACTION) Councilmember Long moved aporoval of the resolution. Adopted Yeas - 5 Nays - 0 - 363 - 1 J June 22, 1989 21. Resolution - 89-1140 - Authorizing payment to Karl A. and Theresa Anderson and their attorney the sum of $40,000 from the Tort Liability Fund in full settlement of their claim. (FOR ACTION) Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 ,+ 22. Preliminary Order - 89-1141 - Grading and paving the east/west alley in Camobell's Rearrangement and Blk. 3, Summit Avenue Addn. from Saratoga to the north/south alley and constructing sewer in the alley for storm water ourooses for the area bounded by Saratoga Ashland, Pascal and Portland, and setting date of public hearing for August 1, 1989. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 23. Preliminary Order - 89-1142 - Condemning and takingeasements in land necessary for the slooes, cuts and fills including right of removal of lateral su000rt occasioned by excavations or construction of slopes in the gradingand paving of the east/west alley in Campbell's Rearrangement and Blk. 3, Summit Avenue Addition, and setting date of public hearing for August 1, 1989. Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 5 Nays - 0 24. Resolution - 89-1143 - Approving assessment by condemning and taking. Permanent utility easements and temporary construction easements for the Trout Brook Outlet Phase A Storm Sewer System, and setting date of Public hearing for August 1, 1989. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 5, Nays - 0 PUBLIC HEARINGS �r 25. Third Beading - 89-729 - An ordinance amending Chapter 403 of the Legislative Code pertaining to minimum distances between bingo halls. (Community & Human Services Committee recommends aooroval with amendment) No one aooeared in 0000sition. Councilmember Rettman noted that all bingo halls and licensed operations were properly notified of hearing in Committee. Laid over to June 29th for Final Adoption. 26. Third'Readiny - 89-702 - An ordinance amending Section 10 of the St. Paul Charter pertaining to the City budgeting Process. (Charter Commission and Rules & Policy Committee recommend aooroval) No one appeared in 0000sition. Laid over to June 29th for Final Adoption. 27. Third Reading - 89-701 - An ordinance amending certain sections of the St. Paul City Charter by deleting gender specific references. (Charter Commission and Rules &Policy Committee recommend'approval) No one appeared in0000sition. "- Laid over to June 29th for Final Adootion. 29. Hearing to consider the oetition of residents alleging a nuisance to exist for property located at 698 Hague. Councilmember �? Scheibel referred to a letter of the Summit University Planning Council requesting to lay this and the following related petition over for two weeks and he referred to the possibility of the YWCA purchasing the properties. Terrence O'Toole, attorney, aooeared representing various owners of the orooerties and spoke in favor of the lay over. Ron Wills aooeared and distributed a letter and said the buildings have now been fully boarded up. (Discussion continued on following page) - 364 - 1 J 5' G, 9 _ iv r June 22, 1989 v` (Discussion continued from previous page) Dick Klinebaum appeared reoresenting the YWCA and said they have made aoolication to HUD for funds to acquire this orooerty and they will be notified by July 10th whether their aoolication has been approved and therefore they `1 I' support the two week layover. Councilmember Wilson said at the request of the District Council he supports the fci sa lay over. He said staff has been working closely with the-YWCA to acquire this ' structure as well as with the owners to board up the properties and he referred t�yr to and read a letter of Vicki Murray of PED.' He said both orooerties are actively-being worked on and if the YWCA cannot purchase them that the Project Pride for Livingis also interested in acqquisition. Councilmember Wilson moved that this and the following related item be laid over two weeks to July 6th. f ` Roll call ii Vii, Adopted Yeas - 5 Nays - 0 Laid over to July 6th. A 30. Hearing to Consider the petition of residents alleging a nuisance to exist for q property located. at 683 Hague. _ discaid LSe overutoion July 6th u.' 31. Final Order - 89-1144 - Approving level of operation and maintenance and estimated annual operating costs of Town Square public spaces for July 1,1989 through June 30, 1990. Councilmember Scheibel referred to a letter from Bill Buth representing BOMB. No one aooeared in opposition. Councilmember Dimond•inoved Order. aooroval of the Adopted Yeas - 5 Nays - 0 32. Resolution - 89-1145 - Approving aoolication for the renewal of Class A Gambling License applied for by Blessed Sacrament School Board for property located at 1494 N. Dale.', No one aooeared in 0000sition. Christine Rozack appeared and said the License Division reconnends aooroval: Councilmember Rettinan moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 33. Resolution - 89-1146 - Approving aoolication for State Class B Gambling License applied for by St. Bernard's Recreation Center at the. Horse Shoe Bar located at 574 Rice Street. - y No one appeared in opposition. Christine Rozack appeared and said the License Division recommends approval . Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 34. Resolution = 89-1147'- Approving aoolication for Class B Gambling Location License aoolied for by Ricom, Inc: dba'Horse Shoe Bar located at 574 Rice " Street. No one aooeared in opposition. Christine Rozack appeared and said the License Division recommends aooroval. _ Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 i r / June 22, 1989 J 35. Resolution - 89-1148 - Approving aoolication for Gambling Manager's License Mark Bernard's Recreation Center at the Horse Shoe forted Barlied abt 574 Rice StreetSt. No one aooeared in 0000sition. ! Christine Rozack aooeared and said the License Division recommends approval. Councilmember Wilson moved approval of the resolution. �at xQl Adopted. Yeas - 5 Nays - 0 �+1•z4 ;- t 36. Resolution..- 89-1149 - Aooroving aoolication for State Class 6 Gambling License applied. for by St. Bernard's Child Care Center at Ron's Bar locate at 879 Rice �Vr � Street. No one aooeared in opposition. Christine Rozack aooeared and said the License Division recommends aooroval. Councilmember RetLnan moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 37. Resolution - 89-1150 - Aooroving aoolication for a Gambling Location Class A License applied for by Ronco Coro. dba Ron's Bar located at 879. Rice Street. No one aooeared in 0000sition. Christine Rozack aooeared and said the License Division recommends aooroval. ; Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 38. Resolution - 89-1151 - Aooroving aoolication for Gambling Manager's License applied for be Deborah Zschokke dba St. Bernard's Child Care Center at Ron's Bar y C located at 879 Rice Street. No one aooeared in 0000sition. Christine Rozack aooeared and.said the License Division recommends aooroval. Councilmember.Rettman moved aooroval of the resolution. t ' 1 Adopted Yeas - 5 Nays - 0 28. AoDeal of Edward Wittenberg to:,a .decision of the Planning Commission which denied the continued 3-plex occupancy of a residential structure for property located at 655 Plum Street. Chuck McGuire oresented his staff report and said since the Zoning Committee met Mr. Wittenberg has submitted, documents showing the orooerty has been occupied as a'3-olex for the oast ten years: The attorney for Mr. Wittenberg aooeared and said his client has been working with staff and his neighbors and at the time of the Zoning Committee he felt he had sufficient information to determine the 3 -place occupancy and he referred to the documentation showing evidence the residence was used for the oast ten years as a 3-olex.. Councilmember Dimond said this is a oroblem orooerty in the area and that it is a single family and duplex neighborhood and he feels this orooerty should not be raised to:a higher use and he noted the District Council is in opposition to use a as a 3-olex. Mr. Wittenberg aooeared and said he purchased the orooerty in 1976 as a 3-olex r d ' and he referred to records showing it as a 3-olex.. He referred to a problem T u tenant.he had who is no longer there and also that unit has beenand continues + " § to be vacant. He said to convert to a duplex would be a financial hardship to 0 him and as a 3-olex he .would brake even financially. s5,0Upon question of Councilmember Dimond, Mr. Wittenberg said he does own 9 other ` — orooerties in the City and that is his sole business and he referred to a certain area at this address that he believed was his orooerty. The attorney stated they are willing to.orovide the necessary narking area and he distributed before and after pictures of the structure. Upon :question of Councilmember Rettman, Wendy Lane ofthe Building Insoection & Design Division aooeared and stated this structure was built. as a single family in 1924 converted to duplex and it has been assessed as a duplex in 1885 and a since that time. 1 (Discussion continued on following page) 366 - ,r o u June 22, 1989 (Discussion continued from orevious page) No. one else aooeared and after further discussion Councilmember Dimond moved that theoublic hearing be closed. Roll call Adooted Yeas - 5 Nays - 0 Councilmember Dimond said this 3-olex is clearly an inaoorooriate use of the property, it has been and continues to be taxed as a duplex and he referred to the consistent misuse of attached State and surrounding oroperties, and he strongly recommended upholding the decision of the Planning Commission. Upon question of Councilmember Long, Chuck McGuire exolained how staff and,the Planning Commission differed in their findings and recommendations and he summarized the Planning Commission's findings. Councilmember Rittman said it is clear to her this is soot zoning and she is not convinced the Planning Commission errored and she said in keeping withour policies on soot zoning she will not be voting in su000rt of this aooeal. Councilmember Wilson referred to the need to be consistent and he sooke in su000rt of the Planning Commission decision. Councilmember Long stated he is prepared to uphold the decision of the Planning Commission. Roll call on denying the appeal. Adopted . Yeas - 5 Nays - 0 39. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by 859 Randoloh Corporation dba Soot Bar located at 859 Randolph. (Laid over from June 6th) Phil Byrne aooeared representing the City's License. Division and he referred to the recommendations of the Administrative Law Judge for a three day suspension. He referred to the incident and said he sees no aggrevating circumstances to go upward and he suggested a maximum penalty of three days. Mr. O'Toole, attorney representing the Soot Bar, aooeared and said this is a small_ neighborhood bar with .no prior complaints. 'He stated to suspend this license would be grossly unfair and he suggested a letter of reorimand be sent as this was not an organized game, and he answered questions of Councilmember Dimond. Upon question of Councilmember Dimond, City.Attorney.Jane McPeak referred to incidents where Council imposed guidelines where management was involved in violations. Councilmember Scheibel suggested a downward penalty saying this wasn't an organized activity nor was there a complaint and he recommended a one day suspension of the license. Couhcilmember Dimond moved that the license be suspended for one day. Councilmember Wilson sooke in su000rt of the motion but pointed out this is an illegal activity.and the Police were correct to.bring it forward. Councilmember Long spoke in su000rt of the motion and he referred to discussions held regarding the matrix system. Upon question of Councilmember Long, Phil Byrne stated a resolution will be drafted with orooer.language. Councilmember Rittman said she will not be supporting the motion because the bartender was on duty and she is not comfortable departing from the matrix. Roll call on the motion to susoend the license for one day Adopted Yeas - 4 Nays - 1 `Rettman) 40. Report of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by J & L Liquors, Inc., dba The Trend Bar located at 1537 University Avenue. Phil Byrne.presented his staff report and said this clearly was organized gambling and that all evidence was seized. He said he believes there are agreva ting circumstances and he recommended an upward departure from the ma?rix. (Discussion continued on following nage) 367 i } June 22, 1989 (Discussion continued from orevious page) No. one else aooeared and after further discussion Councilmember Dimond moved that theoublic hearing be closed. Roll call Adooted Yeas - 5 Nays - 0 Councilmember Dimond said this 3-olex is clearly an inaoorooriate use of the property, it has been and continues to be taxed as a duplex and he referred to the consistent misuse of attached State and surrounding oroperties, and he strongly recommended upholding the decision of the Planning Commission. Upon question of Councilmember Long, Chuck McGuire exolained how staff and,the Planning Commission differed in their findings and recommendations and he summarized the Planning Commission's findings. Councilmember Rittman said it is clear to her this is soot zoning and she is not convinced the Planning Commission errored and she said in keeping withour policies on soot zoning she will not be voting in su000rt of this aooeal. Councilmember Wilson referred to the need to be consistent and he sooke in su000rt of the Planning Commission decision. Councilmember Long stated he is prepared to uphold the decision of the Planning Commission. Roll call on denying the appeal. Adopted . Yeas - 5 Nays - 0 39. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by 859 Randoloh Corporation dba Soot Bar located at 859 Randolph. (Laid over from June 6th) Phil Byrne aooeared representing the City's License. Division and he referred to the recommendations of the Administrative Law Judge for a three day suspension. He referred to the incident and said he sees no aggrevating circumstances to go upward and he suggested a maximum penalty of three days. Mr. O'Toole, attorney representing the Soot Bar, aooeared and said this is a small_ neighborhood bar with .no prior complaints. 'He stated to suspend this license would be grossly unfair and he suggested a letter of reorimand be sent as this was not an organized game, and he answered questions of Councilmember Dimond. Upon question of Councilmember Dimond, City.Attorney.Jane McPeak referred to incidents where Council imposed guidelines where management was involved in violations. Councilmember Scheibel suggested a downward penalty saying this wasn't an organized activity nor was there a complaint and he recommended a one day suspension of the license. Couhcilmember Dimond moved that the license be suspended for one day. Councilmember Wilson sooke in su000rt of the motion but pointed out this is an illegal activity.and the Police were correct to.bring it forward. Councilmember Long spoke in su000rt of the motion and he referred to discussions held regarding the matrix system. Upon question of Councilmember Long, Phil Byrne stated a resolution will be drafted with orooer.language. Councilmember Rittman said she will not be supporting the motion because the bartender was on duty and she is not comfortable departing from the matrix. Roll call on the motion to susoend the license for one day Adopted Yeas - 4 Nays - 1 `Rettman) 40. Report of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by J & L Liquors, Inc., dba The Trend Bar located at 1537 University Avenue. Phil Byrne.presented his staff report and said this clearly was organized gambling and that all evidence was seized. He said he believes there are agreva ting circumstances and he recommended an upward departure from the ma?rix. (Discussion continued on following nage) 367 i } - 1 June 22, 1989 (Discususion continued from orevious page) ", Mr. O'Toole aopeared representing the Trend Bar and referred to the activities and said they were for business promotion only and he feels there are no aggravating circumstances. He recommended a combined three day suspension or if c Council placed more he requested the suspension be split into seoarate times. the license be susoended for 9 days due to the Councilmember Dimond moved their aggevating circumstances and he noted the City is not selective in He the actions taken at this establishment puts a bad name on v._ enforcement. said the liquor establishment who work hard within the law. No one else aopeared. Councilmember Wilson moved that the public hearing be closed. Roll call. Adopted Yeas - 5 Nays - 0 Councilmember Wilson sooke in agreement to comments of Councilmember Dimond and he said the City has made every effort to communicate with liquor establishments on new laws oassed and he said if we respond lightly to this incident it will sent 'a wrong message to other establishments. He said he feels the recommendation of the Administrative Law Judge for a 6 days suspension makes sense and he sees no evidence to support either upward or downward. Councilmember Rettman said although she could go with a higher suspension she would support a 6 day suspension. Upon question of Councilmember Long, Phil Byrne said the Council has consistently approved suspensions on consecutive days. Councilmember Long said he favors'a 1:day consecutive suspension. Councilmember Scheibel sooke in favor of a 6 day consecutive suspension. After further discussion Councilmembers Rettman and Long moved approval of a 6 da consecutive suspension. RI call on the motion to suspend the license for 6 consecutive days. Adopted Yeas - 5 Nays - 0 Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 11:05 A.M. r Council siden— ATTEST: Copies sent to Councilmembers Minutes approved by Council city erk— ABO:pmk - 1 -369- �' It - „ .....:reu'.. rtST^_'v�s..:.-.,w• .-. ..,-..::a: •n �n ......... .—•...... a.�...,..... . .,'..«._..e .,._,.... ,,�.. ..., .... ,.. .. , ..._,..._ qS ) Y i Y y T � i _ elfMINUTES OF THE COUNCIL x 3 9.00 A.M t+r -.• f JUNE 27, 1989' COUNCIL CHAMBERS - CITY HALL & COURT HOUSE' SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. i.L5v1} ' Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, +� Wilson Absent - 0 _ ORDINANCES 1. Final Adoption - 89-967 - An ordinance amending Chapter 28 of the Legislative Code pertaining to, campaign contributions. (Rules & Policy Committee recommends approval of substitute ordinance) Councilmember Rettman spoke in favor ofreporting all contributions and Councilmember Goswitz said he`favors a'$100.00 limit. After further discussion Councilmember Long moved approval of the ordinance. Adopted Yeas - 6 Nays - 1 (Rettman) Ord. #1766.0 2. Final Adoption - 89-896 - An ordinance amending Chapter 71 of the Legislative I Code pertaining to house numbering and required building, permits within one year after a waiver is granted. `(Public Works Conmittee'reconmends approval) Councilmember 'Goswitz moved aoproval`of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17661 3. Final Adoot ion - 89-743 - An ordinance amending Chapter 370 of the Legislative Code pertaining to Board of Examiners for Certificate of Occupancy of Competency holders. (Community & Human'Services Committee recommends aooroval) 77,— Councilmember Rettman moved that the ordinance be amended fo make the language neutral. Adgender opted Yeas - 7 Nays - 0 + Laid over to July 6th for Final Adoption. 4. First Reading - 89-1152 - An ordinance amending the Legislative Code by adding a new chapter pertaining to thefranchisingof communications systems. (FOR REFERRAL TO THE PUBLIC WORKS` COMMITTEE) Referred to the Public Works Committee. APPLICATIONS - CONNUNICATION r• .� 5. Claim of CIGNA Property &Casualty Companies, 11095 Viking Drive, Suite 500, P.O. Box 1190, Minneapolis, MN 55440-8943, filed June 15, 1989, was read. Referred to the City Attorney's Office. Claim of Charles Thomas, 155 Biglow Lane #D, filed June 14, 1989, was read. Referred to the City Attorney's Office. 6. Summons and Complaint in the matter of George Andrews vs the City of St. Paul e Referred to the City Attorney's Office. CM17TEE REPORTS — 7. Resolution - 89-969 - Amending Section 69 of the Civil Service Rules pertaining to Parking Enforcement Officer. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 -369- June 27, 1989 8. Resolution - 89-1006 - Amending the 1989 budget by adding $289,000 to the Financing & Spending Plans for Public Warks Equipment fund. (Finance Committee recommends aooroval) Upon request of Councilmember Long the resolution waslaidover for two weeks to July 11th. 9. Resolution - 89-1083 - Amending the 1989 budget by adding $202,971 to the Financing & Spending Plans fon Citywide Information Services Division computer capacity upgrading. (Finance Committee recommends approval of a substitute resolution) Upon request of Councilmember Long the resolution was laid over for two weeks to July 11th. ADDITIONAL ITEM Resolution - 89-1135 - Amending the 1989 budget. by adding $202,971 to the Financing & Spending Plans for the lease/purchase of computer: capacity upgrade by Citywide Information Services Division. (FOR REFERRAL TO THE FINANCE COMMITTEE - Laid over from June 22nd) Upon request of Councilmember Long the resolution was laid over to July 11th. 10. Resolution - 89-802 - Adopting the new Zoning and, Environmental Review Fee Schedule. (Finance Committee recommends aooroval with amendment) Councilmember Long moved aooroval of the resolution with the amendment recommended by Committee. Councilmember Sonnen suggested that the maximum oenalty of $200.00 in the.second last oaragraoh is insufficient and after some discussion it was agreed that the resolution should be adopted and that an amendment could be prepared changing the '$200.00 maximum. Adopted Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS 11. Resolution - 89-1153 - Amending the 1989 budget by adding $17,068 to the Financing &-Spending Plans for .Fire- & Safety Services Administration. (FOR REFERRAL TO THI: FINANCE COMMITTEE) Referred to the Finance Committee. 12. Resolution - 89-1154 - Authorizing prooer City officials to negotiate and approve agreement with the St. Paul Foundation to provide funding for consultant and project fund to imorove the Como Park Conservatory. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Rays - 0 13. Resolution - 89-1155 - Directing the St. Paul Police Department to accept donations from Lawyers .Advocates and Wives of Ramsey County, UNISYS Coroorations, and the St. Paul Area Chamber of Commerce to the DAR.E. Program. (FOR ACTION) GCouncilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 14. Resolution - 89-1156 - Directing Fire & Safety Services Department to accept donation from the Tobacco Institute's Fire Safety Education Program to install smoke detectors in St. Paul residences and thanking the Tobacco Institute for it's donation oromoting safety. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 _ a ■ June 27, 1989 15. Preliminary Order - 89-1157 - Improving Birmingham Street from Case to York by grading and paving, constructing concrete curb, gutter, sanitary sewer system and service connections and a street lighting system, and setting date of public hearing for August 1, 1989. Council member Rettman moved aooroval of the order. Adopted Yeas - 7 Nays - 0 16. Preliminary Order - 89-1158 - Constructing water main and service connections: in Birmingham Street from Case to York, and setting date of public hearing for August 1, 1989. Councilmember Rettman moved approval of the order. Adopted Yeas - 7 Nays - 0 17. Preliminary Order - 89-1159 - Sidewalk construction and/or reconstruction for parts of Alameda, N. Avon, Brainerd, Danforth, W. Idaho and W. Rose, and settingg date of public hearing for August 1, 1989. Councilmember Rettman moved approval of the order. Adopted Yeas -:7 Nays - 0 18. Resolution- 89-1160 - Approving assessment for condemning and taking permanent utility easements in conjunction with the Jackson/Magnolia Sewer Project, and settingg date of public hearing for August 1, 1989. Councilmember Rettman moved-aooroval of the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 19. Final Order.- 89-822 - Reconstructing sidewalk on the west side of Nina from Summit to Maiden Lane. (Public Works Committee recommends aooroval - Laid over from June 13th) Mr. Keefe of the Public Works Department staff explained that meetings are being set uo with property owners and 'Councilmember Wilson said he.is in the process,,: of setting do meetings with property owners and he recommended the orders be laid over indefinitely. Harry Walsh of the 456 Summit Condo Association said they, intend to have their sidewalk reolaced by private contract and he asked about. coordination'-with the sewer project. - After further discussion this order and the following related order were laid over indefinitely. Laid over indefinitely 20. Final Order - 89-823 - Reconstructing. sidewalks for parts of Summit Avenue. (Public Works Committee recommends aooroval - Laid over from June 13th) Laid over indefinitely 21. Final Order - 89-1118 - Condemning and taking easement in land necessary for slopes, cuts and fills including right of removal of lateral, support from land occasioned by excavations or construction of slopes in the grading and paving of the east-west and westerly north-south alleys in Blk. 26 of Chas. Weide's Subd. of Blks. 25-26 of Arlington Hills Addn. bounded by Edgerton, Sims, Payne and York. (Laid over from June 20th) No one aooeared and it was notedthat the Public Works Committee recommends approval Cooncilmember Goswitz moved aooroval of the order. Adopted Yeas - 7 Nays - 0 - 371 - - 372 - June 27, 1989 22. Final Order - 89-1119 - Improving alleys in 61 k. 26, Chas. Weide's Subd.of Blks. 25-26 of Arlington Hills Addn. by grading and paving east -west alley from r^.. the westerly north -south alley to the easterly north -south alley and gradingg and pavingg the westerly g^. north -south alley from Sims to the north line of Lob 24 in Blk. 26 and constructing sewer in alley for storm water purposes for the area bounded by Edgerton, Sims, Payne York. and (Laid over from June 20th) No one aooeared and it was noted that the Public Works Committee recommends •: aooroval. Councilmember Goswitz moved approval of the order. W - Y. 23. Final Order - 89-1161 - Reconstructing concrete curb and gutter for Darts of Leech from MCBoal to Goodrich (109-111 Leech and 183 Goodrich). i77 Councilmember Rettman explained the Committee discussion and said some of the questions have been answered and the assessment will be considered at the time of ratification. No one aooeared. Councilmember Goswitz moved aooroval of the order. Adopted Yeas - 7 Nays - 0 24. Final- Order - 89-1162 - Reconstructing curb and gutter and removing illegally installed asohalt boulevard and replacing with appropriate landscaoing on the south side of Winter from Caoitol Boulevard to Capitol Heights (610 Capitol MR, Boulevard). . No one aooeared. Councilmem6er Goswitz moved approval of the order. Adopted Yeas - 7 Nays - 0 - 372 - June 27, 1989 22. Final Order - 89-1119 - Improving alleys in 61 k. 26, Chas. Weide's Subd.of Blks. 25-26 of Arlington Hills Addn. by grading and paving east -west alley from r^.. the westerly north -south alley to the easterly north -south alley and gradingg and pavingg the westerly g^. north -south alley from Sims to the north line of Lob 24 in Blk. 26 and constructing sewer in alley for storm water purposes for the area bounded by Edgerton, Sims, Payne York. and (Laid over from June 20th) No one aooeared and it was noted that the Public Works Committee recommends •: aooroval. Councilmember Goswitz moved approval of the order. W Adopted Yeas - 7 Nays - 0 Y. 23. Final Order - 89-1161 - Reconstructing concrete curb and gutter for Darts of Leech from MCBoal to Goodrich (109-111 Leech and 183 Goodrich). .; Councilmember Rettman explained the Committee discussion and said some of the questions have been answered and the assessment will be considered at the time of ratification. No one aooeared. Councilmember Goswitz moved aooroval of the order. Adopted Yeas - 7 Nays - 0 24. Final- Order - 89-1162 - Reconstructing curb and gutter and removing illegally installed asohalt boulevard and replacing with appropriate landscaoing on the south side of Winter from Caoitol Boulevard to Capitol Heights (610 Capitol Boulevard). . No one aooeared. Councilmem6er Goswitz moved approval of the order. Adopted Yeas - 7 Nays - 0 25. Final 'Order - 89-1163 - Sidewalk construction and reconstruction for Darts of Arundel, Marshall, Thomas, N: Victoria, W. Central, N. Avon and St. Anthony. (Public Works Committee recomnends approval) flo one aooeared. Councilmember Wilson moved approval of the order. Adopted Yeas - 7 Nays - 0 26. Final Order - 89-1164 -Sidewalk construction and reconstruction for 'parts of Front, W. Lawson and Westminster. (Public Works Committee recommends.aooroval) George Vang referred to Dart of his driveway that is cracked and said-he.called the contractor about responsibility for reolacement. Mr. Keefe of the Public Works staff exolained that extra work must be done privatelyy between the brooerty owner and the contractor and he discussed the inatter further with Mr.'Vaog. No one else aooeared. Councilmember Sonnen moved aooroval of the order. Adopted Yeas - 7 Nays - 0 27. Final Order - 89-1165 - Sidewalk construction and reconstruction for both sides of E. Minnehaha from Cypress to Earl. (Public Works Committee recommends approval) No one aooeared. Councilmember Goswitz moved aooroval of the order. F Adooted Yeas - 7 Nays - 0 28. Final Order - 89-1166 - Sidewalk construction and/or reconstruction for Darts of Montreal and Villard. (Public Works Committee recommends aooroval) t — No one aooeared. Councilmember Rettman moved approval of the order. Adopted Yeas - 7 Nays - 0 - 372 - June 27, 1989 29. Resolution - 89-1167 - Aooroving aoolication for State Class B Gambling License aoolied,for by DEAF, Inc. at Mr. Patom's Saloon located at 995 W. 7th Street. No one aoueared. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-1168 - Approving aoolication for Class B Gambling Location License at Patom Inc. dba Mr. Patom's Saloon located at 995 W. 7th Street. No one appeared. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-1169 - Approving application for Gambling Manager's License aoolied for by Neil Johnson dba DEAF, Inc. at Mr. Patom's Saloon located at 995 W. 7th Street. No one appeared. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 32. Resolution - 89-1170 - Aooroving the transfer of On Sale 3.2 Malt Beverage and Restaurant Licenses currently issued to George Costanzo dba Char Dale located at 535 N. Dale to Mary Fasching dba Char Dale located at the same address. No oneappeared. Council member Sonnen requested a layover because there are some questions she has and after discussion it was agreed to lay the resolution over to Thursday, June 29th. Laid over to June 29th. 33. Resolution - 89-1080 - Aooroving the, renewal of On Sale Liquor, Sunday On Sale Liquor, Off Sale 3.2 Malt and. Restaurant Licenses by BAL, Inc. dba Wabasha Bar located at 427 S. Wabasha. (Laid'over'from June 13th) Upon request of Councilmember Scheibel the resolution was laid over to July 6th.. Laid over to July 6th. 34. Resolution - 89-1129 - Suspending On Sale Intoxicating Liquor, Sunday On Sale and other licenses held by DARP Corporation dba Fitti s located at 828 E. 7th Street. ,(NOT CONTESTED -Laid over from June 20th) Phil, Byrne of the City Attorney's Office aooea'red and explained the violation and the Police reports. Dick Matkviewicz, attorney for the licensee, referred to a letter in the file which sets out Mr. Fitzgerald's position. He said Mr. Fitzgerald purchased the establishment in January of 1989 and the previous operation had a history of problems and complaints and he has been trying to turn it around and make it a good operation. He said this incident was unfortunate and will no longer happen and he said the evidence of cocaine was Mr. Fitzgerald's first knowledge of that issue and it is not certain where the items came from. He said under the circumstances he would suggest a reduced penalty because Mr. Fitzgerald has inherited a oroblem bar and is trying to turn it around as quickly as possible. Councilmember Long moved that the public hearing be closed. Adooted Yeas -'7 Nays - 0 Councilmember Dimond moved a three day suspension. Adooted Yeas - 6 Nays - 1 (Goswitz) It was announced that the date of the suspension would be July 9 through 11, 1989. - 373 - T � l K MINUTES OF THE COUNCIL tires xy 9:00 A.M t i •'a s JUNE 29, 1989 fliga COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA _ The meeting was called to order by President Scheibel at 9:00 A.M. ^; Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, su Wilson _ Absent - 0 MISCELLANEOUS $R; 23. Recognition of retiring City of St. Paul employees. Councilmembers recognized employees retiring from the City and presented them with Certificates of Recognition. ' y ORDINANCES-. 1. Final Adoption-- 89-1042 - An ordinance amending Chapter 60 of the ).egislative between Code and rezoning property located on the east side of Rice Street Wheelock Parkway and W. Iowa Street from B-3 and R-4 to B-2'to'construct a ^1/ retail shopPping center. (FOR ACTION -Hearing held April 6th) ' Councilmember Rettman moved approval of the ordinance. Yeas 7 Nays - 0 Ord. #17662 Adopted - 2. Final Ado otion - 89-729 - An ordinance amending Chaoter 403 of the Legislative w` Code pertaining to minimum distances between bingo halls. (Community & Human Services Committee recommends approval with amendment) Councilmember Rettman moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17663 3. Final Adoption - 89-702 - An ordinance amending Section 10 of the St. Paul City Charter pertaining to the City budgeting process. (Charter Commission and Rules & Policy Committee recommend aooroval) Councilmenber Sonnen moved aour6val of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17664 4. Final Adoption - 89-701 - An ordinance amending certain sections of the St. Paul City Charter by deleting gender specific references. (Charter Commission and 'approval) Rules & Policy Committee recommend d . ' Councilmenber Sonnen moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17665 APPLICATIONS - COMINICATION 5. Claim of Elizabeth Abbott, 314 W. Baker, filed June 19, 1989, was read. Referred to the City Attorney's Office. Claim of Susan Yard, 13610 4th St. Ct. N., Stillwater, MN 55082, filed June 19, s a kat s 1989, was read. Referred to the City Attorney's Office. u 6. Aooeal of Lawrence Smith to Award of Damages for taking of easements for Sylvan/Acker Sewer Project (C.F. 89-1063). Filed - attached to 89-1063 - 375 - F ne saip-piscussion will be held in the Finance Committee, and Councilmember Sonnen'requested and it was agreed this item will be heard in Committee on July 31st. George Jurgenson of the St. Paul Fire Relief Association appeared and expressed dissatisfaction to not receiving a copy of the City's report. Gary Norstrem, City Treasurer, appeared and aooloVged for not getting the report distributed in a timely fashion and he said additional copies are available in his 'office and he said at this point the Council is not under a timeframe. Upon questions of Councilmembers Rettman and Goswitz, Mr. Norstrem said a Drevious actuarial survey had been done but became invalid due to legislation changes and he said a public hearing on this issue will be scheduled before the Council after it is heard in Committee. Referred to the Finance Committee. 8. Notification from the 'Animal Control Supervisor that a research institution will be receiving animals from the Animal Control Center on June 23, 1989. Filed (CC 913152) COMMITTEE REPORTS 9. Second Reading 89-426 - An ordinance repealing Section 409.24(3) of the Legislative Code Dertaining to the three year term of gambling managers. (Community & Human Services Committee recommends aooroval) Laid over to July 6th for Third Reading. ' 10. Resolution - 89-218 - Authorizing proper City officials to execute'a hazardous materials resoonse agreement with the Centennial Fire Protection District. (Community & Human Services Committee recommends aooroval) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 NEW BUSINESS -'RESOLUTIONS 11. Resolution - 89-1172 - Requesting the Administration to develop and implement a School and Playground Speed Zone Policy. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE)' Referred to the Public Works Committee. 12. Resolution - 89-1173 - Affirming a decision of the Division of Public Health that orooerty of Hugh and Joleen Keefer located at 297 E. Morton be cleaned up. UR ACTION - Hearing held May 30, 1989) ncilmember Rettman moved aooroval"of the resolution. Adopted'" Yeas - 7 Nays - 0 13. Resolution - 89-1174 - Aooroving assessment for sidewalk reconstruction for 1209 W. Seventh Street and .620W. Seventh Street, and setting a date of public hearing for August 8th. Council members Rettman and Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 14. Resolution - 89-1175 - Approving assessment for boarding uo of vacant buildings through April 1989, and setting date of public hearing for August, 8th. Councilmembers Rettman and Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 376 - a June 29, 1989 Councilmember Scheibel requested suspension of the rules'to consider an item not on the agenda co-authored by Councilmember Wilson pertaining to an Urban Corps Expansion Project program of work and education for youth in communities. He x explained funding is now available and our initial application needs to be submitted by July 7th. Councilmember Wilson moved susoension of the rules. Adopted . - Yeas - 7 Nays - 0 d g f a Resolution - 89-1178 - Urging the Mayor to submit a letter of interest on behalf of the City by July 7, 1989 for the Urban Coros Exoansion Project program of work -and education for youth and to designate a City reoresentative as arroject liaison, and pledging full City Council cooperation. Councilmember Wilson moved approval of the resolution. Ej Adopted . Yeas - 7 Hays'- 0 r PUBLIC HEARINGS 21. Resolution - 89-1176 - Aooroving application for the renewal of State Class A Gambling License applied for by Mary Mother of Mercy and Good Hope Shelter 'bale. $ t located at 3494 N. No cilmeinbereLong mb'vediaooroval of the resolution. Adopted " Yeas - 7 Nays - 0 22, Resolution - 89-1177 - Approving application for A-2 Grocery, Off Sale 32 Malt, and Cigarette Licenses aoolied for by Dino's Foods, Inc. dba Victoria Food Market located at 169 N. Victoria: No one aooeared in opposition. Councilmember Wilson moved aooroval of the resolution. Adopted -Yeas - 7 Nays - 0 ADDITIONAL ITEM Resolution - 89-1170 - Aooroving the transfer of On Sale 3.2 Malt Beverage'and Restaurant Licenses currently issued to George Costanzo dba Char Dale located at G 535 N. Dale to Mar Fasching dba Char Dale located at the same`address. (Laid' over from June 27th No one appeared in 0000sition. ., Councilmember Sonnen said she has spoken with the applicant and everything is now in order and she moved aooroval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 20. Resolution - 89-581 - Ratifying assessment for the grading and paving, of the north/south and east/west alleys in Blk. 1, Kings Arcade Park bounded by Wheelock Parkway, Arcade, Sherwood and Walsh. (Public Works Committee r recommends approval - Laid over from April 4th) No one appeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 ` 19. Hearing to consider the appeal of District 2 Community Council to a determination by the BZA that Boston Health Care Semi- Indeoendent Living Services located at 1331-1335 E. Maryland is not a community residential j r>yr facility. (Laid over, from June 8th) Mary Bunnell of PED referred to the drafted by Attorney's �a resolution the City Office and he referenced soecifics places in the resolution at the request of r ? Council (Discussion continued on following page) t� t. yy$3 i}d2Y ° - 377 - 15 16 June 29, 1989 (Discussion continued from orevious nage) A representative of District 2 aooeared and made reference to the resolution and to requests for changes in it to. state Boston Health Care is a community residential facility. Peter Beck, attorney reoresenting Boston Health Care, aooeared and urged adoption of the resolution as it is but with consideration allowing the office to remain where it is located as it does provide a service to the oeoole. Mr. Beck said if this request is not granted that he further requests a 90 day oeriod to remove the office from the complex. There was considerable discussion on comments made by both parties above and Councilmember Dimond spoke in support of the resolution to include wording as suggested by District 2. He said we need to determine it is a similar use although it is not a residential facility. Upon question of Councilmember Goswitz, Jerry Segal said the distance requirement applies only if it a. CRF and not a similar use. Councilmember'Wilson moved approval of the .resolution with the office to be phased, out within a 90 day period with "and distancing" to be included and that the minutes reflect this is'a similar use to a community residential facility and that the Planning Commission consider this .in future deliberation. Roll call on the motion. Adopted Yeas - 7 Nays - 0 Third Reading - 89-1043 - An ordinance amending Sections 60 and 62 of the Legislative Code Pertaining to Zoning Regulations and permitting fair and festival parking on residential properties. (FOR ACTION) (See discussion below) Laid over to July 6th for Final Adoption. Third Reading -,89-1044 - An ordinance amending Section 157.04 of the Legislative Code,6ertaining to miscellaneous parking restrictions and Providing exceptions for fair and festival Parking. (FOR ACTION) Mary Bunnell .briefly presented his staff report. Bob McElrath,_Chair of District 10 and Chair of the State Fair Task Force, aooeared and oresented background information and he went over the objectives of the task force. He said -as artaxoayer he has concerns and feels if oarking is allowed the .same standards as a commercial parking should be applied. Bobbi Megard, C.O. of District 12/St. Anthony Park, aooeared and spoke in favor of Recommendation q5 of the Planning Commission with,amendment and she said she agrees that oarking on lawns creates numerous hazards and she urged adoption of code enforcement in Alternative #6. James Hammer a resident of the Hamlin.area, aooeared and said he feels the City should look for more.oarking rather than trying to eliminate it, that peooie parking cars also watch for crimes; he distributed a petition in support of or000sal 01 of the Planning Commission. Cindy Mitch aooeared and spoke in support of lawn narking and recommendation p1 of the Planning Commission and said the neighborhood is safer with people parking cars. Sam Simmons aooeared and spoke in strong 0000sition to narking on the lawns. Janet Fairbanks aooeared and spoke in su000rt of lawn oarking. Bill Kramlinger aooeared and said although he has never parked on his lawn for a fee he is not in 0000sition to it but feels more enforcement is needed. Robert Brok000, 1516 Simpson, aooeared and spoke in 0000sition to the parking. Paula Macabee aooeared and said although it's been referred to there is no evidence that parking leads to less safety nor to declining property values. Quinten Elliott aooeared and spoke in 0000sition to oarking on lawns and in su000rt of the Planning Commission recommendation N6. Rick Sullivan aooeared and sooke in su000rt of oarking on lawns. Donna Brokoup aooeared and said lawn oarking is an eyesore. Clara Krautbauer aooeared and said she is 100 years old and in su000rt of oarking on the lawns. (Discussion continued on following page) -378 1 _ , 3 s June 29, 1989 (Discussion continued from orevious page) Y� Robert Bradley appeared and also spoke in su000rt of parking on lawns. Lucille Risedorr appeared and said she's been narking cars for over 30 years { with no problems of 'vandalism ever. { 5ti Ellen Barrett appeared and spoke in su000rt of yard parking u a Mary Kruzel, 1373 Arona, appeared and:sooke in 0000sition to yard narking. yR Rita Wilkas aooeared and spoke in su000rt of parking on lawns. No one else aooeared. c :I Councilmember Dimond moved that the public hearing be closed. Adopted Yeas - 7 Nays 0 - Councilmember Sonnen said this issue is one in which it's difficult to find a combromise because individual is eitherinfavor of barking on the lawns or .an not'in favor of it and there is a definite split between neighbors on this item. k , She sooke in favor of the Planning Commission recommendation which allows back and front yard parking but with written permission from each neighbor. Councilmember Sonnen gave extensive background information which evolved into f h _ the. Planning Commission 40 -Acre Study and she said we need to respect all neighbors rights and this recommendation with written oermission from the r neighbors is a beginning compromise. Councilmember Scheibel referred to the two neighborhoods involved and said s language can be drafted to -delineate St. Anthony from Como. Councilmember Dimond said there should be no commercial operation for-profit business out of personal orooerty and said we need stronger licensing requirements and tfiat all oarkers should obtain permits. d Upon question of Councilmember Long . Mr. Bunnell said orooerty owners need a ya G special rider on their insurance policies for insurance purposes. Councilmember Long said enforcement is difficult here and he spoke in support of option B. Councilmember Wilson said we need to be careful because a quick change could createfurtherhe. sooke.in.suoport of CouncilmemberSonnen's -Problems.and or000sal as it speaks to many issues although it is a temooraryy compromise, and he said he would be interested in hearing from the State Fair Board.'. Councilmember.Goswitz"said he would like to see: this situation improved and he also would like to hear the stand of the State Fair Board. Councilmember. Sonnen moved her amendments with the City Attorney to draft language pertaining to the -over -lay between the St. Anthony area and the Como area, with the City Clerk to contact the State,Fair Board requesting they give a ores entation at Final Adootion. Councilmember ,D.imond sooke in 0000sition .to the motion and said front yard _I parking should be eliminated. i Councilmember Long suggested a sunset clause be added with a specific date to a„ review this.action and after .some discussion there was agreement a sunset clause could be established after further information is known. Roll call on Councilmember Sonnen's amendment. Adopted Yeas - 7 Nays - 0 Laid over to July 6th for Final Adoption. 18. Hearing to consider the appeal of Mildred Jackson to a Summary Abatement Order . ' .- for orooerty located at 856 Carroll. (Laid over from June 15th) a- Councilmember Wilson said Ms. Jackson is still trying to obtain financing and he requested a one month lay over. Laid over to July 27th. - 379 - e-- z= / ' June 29, 1989 e' ' MISCELLANEOUS ; tF� 24. Discussion of extending the expiration date of the promotional list for the < ' z position of Fire Department Caotain. (Request of Finance Committee) Gary Olding aooeared and sooke in favor of a one year list. Councilmember Wilson referred to extenuating circumstances on this oosition.. ; v A firefighter appeared and said hiring has been frozen. for two months. I Js Councilmember Scheibel stated the Council cannot extend a promotional list but the Mayor to Personnel Director that can draft a resolution requesting give direction. 1 After, some discussion there was, agreement a resolution would be drafted i requesting the Mayor to extend the promotional list for the position of Fire i r Department Caotain. i The Council at this time recessed and reconvened at 1:40 P.M. Present - 5 - Councilmembers Dimond, Rettman, Scheibel, Sonneq and Wilson j i Absent - 2 - Councilmembers GDswitz and Long. (It was noted Councilmembers Goswitz'and Long`had previous commitments and could not return, to Council) Councilmembers Rettman and Wilson moved that the rules be susoended to consider the, resolution pertaining to the promotional list for Fire Department Caotain. Adooted Yeas - 7 Nays - 0 Resolution - 89-1180- Requesting the Mayor to direct the Personnel Director to extend the eligible list for Fire Caotain sixty days. Councilmember Wilson moved aoproval of the resolution. { 4 Adopted Yeas - 5 Nays - 0 j f' PUBLIC HEARINGS 17. Hearing to. consider the aooeal of Nguyen Tuan to a decision of the BZA which denied a request for a two foot front yard setback to legalize an existing house r addition on the front of a single family home located at 1359 Blair on the north side between Albert and Hamline. Mary Bunnell oresented-hi,s staff report. Edward Russell, attorney for the appellant, aooeared and exolained permits were granted and that his client was under the supervision of a City insoector and he urged Council to grant the appeal. Mr. Tuan appeared and explained his intent of the permit and he answered questions of Councilmember Long and Mary Bunnell exolained the setback zoning requirements. Upon question of Councilmember Sonnen, Jane McPeak said to grant the aooeal 2 ; Council needs to find the BZA errored in their determination. Upon question of Councilmember Dimond, Mr. Tuan said he owns 4 other properties y in the City and he homesteads at 1359 Blair and he exolained a fire there back �x �PAtl a� ' in 1966. said would like to hear testimony of the City inspector Wilson c " pertaining to this .e M� Councilmember Scheibel also said he would like to hear testimony of the v n } ry inspector and he referred to the Council's subooena Dower. Councilmember Rettman sooke of her concern to the livability of this structure and to safety measures. John Blackstone, 1354 Van Buren, aooeared and sooke in 0000sition to the aooeal and he submitted a oetition in 0000sition as well as photographs taken. He said Mr. Tuan is not living at the structure, the modifications are not structurally to held out of concern for this sound and he referred neighborhood meetings orooerty and he urged the Council to deny this appeal. (Discussion continued on following page) - 380 - Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 4 Nays - 0 ADJOURNED -AT"3:10 P.M. Council Fresiaent ATTEST: Copies sent to Councilmembers `l- a 6 '�9 1 i June 29, 1989 - (Discussion continued from orevious nage) Wendy Hellerstedt, 1363 Blair, appeared and said there have been many attempts to work out this problem. She said she's had conversations with oeoole living h at this address who say they are renters, that she feels there are serious health and safety problems and that there has been at least two fires and she t said she is in'0000sition to the appeal. Tom Ryan, 1363 Blair, •appeared and said he supports denial of the appeal and • spoke of his concern for health and safety and said there is no standard x '.a construction: Florence Winkel, 1453 Blair, aooeared and spoke in opposition to the appeal. Rosamond Gilbert, 1351 Blair, aooeared and said she is totally against the variance and urged the Council to deny"the appeal: I" k Councilmember Wilson left the meeting at this point. Mr. Tuan's son aooeared and said he and his friends have been working on the house to return it to its original Victorian style. He said -the City inspector house his of the of �7r 9f was out to the and gave aooroval work and upon question Council :fiesaid he is willing fora City inspector to inspect the inside and outside of^the home. Councilmember Scheibel said this item will be laid over for the inspector to oreoare his report. Jane McPeak said at the direction of Council' she will prepare a resolution to subpoena the now retired City inspector. r The applicant requested the record show 10 persons are present in support of the aooeal . Laid over four weeks to July 27th. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 4 Nays - 0 ADJOURNED -AT"3:10 P.M. Council Fresiaent ATTEST: Copies sent to Councilmembers `l- a 6 '�9 o { W .. 4 � r t 1 . t rise S P MINUTES OF THE COUNCIL } s 9:00 A.M JULY 6, 1989 COUNCIL CHAMBERS CITY HALL & COURT !, - HOUSE SAINT PAUL, MINNESOTA g The meeting was called to order by President Scheibel at 9:00 A.M. ' x - Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Wilson ! i Absent - 1 - Councilmember Sonnen (arrived at point during the meeting.) APPROVAL. OF MINUTES rt 1. Approval of. City Council meetings of June 1, 6, 8, 13 and 15, 1989. Councilmember Rettman moved aooroval of the minutes. 5} Adopted Yeas - 6 Nays - 0 j ,. ORDINANCES i. h 2. Final Adoption - 89-10 - An ordinance amending Chapter 91 of the Administrative Code pertaining to procedures for public hearings regarding public nuisances by establishing an average service level of police responses to orivate property at four in a twelve-month oeriod and authorizing the City Attorney to commence legal action against the owner of private orooerty for unjust enrichment when police resoonses exceed level. (Community &Human Services Committee recommends r aooroval with amendment - Laid over from May 16th) Councilmember Wilson said the amendments clarified the use of drugs and a' landlords good faith and pinpointed units within a complex and he moved adoption of the amendments and a four week lay over for further consideration. Roll call on the amendments -' Adopted Yeas - 6 Nays - 0 Laid over to August 3rd for Final Adoption. 5. Final Adoption - 89-743 - An ordinance amending Chapter 370 of the Legislative j u Code pertaining to Board of Examiners and Certificate of Occupancy of Competency holders. (Community & Human Services Committee recommends approval) Councilmember Rettman moved approval of the ordinance. Adopted Yeas - 6 Nays — 0 Ord. N17669 — APPLICATIONS - COMMUNICATION 6. Claims of American Family Ins. Group, 6131 Blue Circle Dr., Eden Prairie, Mn.filed ,, as Referrednto2thelCit ywAttorney's office. - - Claim of Margaret Fields, 111 E. Kellogg Blvd., filed June 28, 1989, was read. Referred to the City Attorney's office. Claim of Claude .Fishback, P.O. Box 65040, St. Paul, filed June 23, 1989, was read. Referred to the City Attorney's office. al r Claim of. Donald Miller, 1832 Margaret St., filed June 26, 1989, was read. Referred to the City Attorney's office. Claim of Sharon Nielsen, 8069 Galway Rd., Woodbury, Mn., filed June 27, 1989, -- - -- was read. Referred to the City Attorney's office. i - 382 - 1 � 'j 4 I July 6..1989 - s k 7. Amended Summons and Complaint in the matter of Lynne Beaver for Lawrence and Lynne Beaver vs the City of St. Paul et al. Referred to the City Attorney's office. 8. Robert ed Ans evs the Cr and ity claimsof f De a elt Embers in the matter of Pauline and G } Referred to the City Attorney's office. } 9. Summons and Complaint in the matter of Delores and Robert Tatro vs the City of r==- St. Paul et al.' Referred to the City Attorney's office. 10. Petition of residents alleging a nuisance to exist at 642 Hague Avenue. I Councilmember Wilson recommended a date of hearing be set after August lSt. .. 11. Notification from the Animal Control Supervisor that a research institution will .., belreeceiving animals from the Animal Control Center on June 26th. h cc #13153 12. Notification from the Animal Control Supervisor that a research institution will be receiving animals from the Animal Control Center on June 28th. Filed cc #13153 Councilmember Sonnen arrived at this point in the meeting. i 13. Appeal of Audrey Petschen to a Summary Abatement Order for property located at g' 1274 Sherburne. Councilmember Rettman moved a date of hearing for July 18, 1989. Adopted Yeas - 7 Nays - 0 14. Correspondence and documentation of Sharon Anderson. Referred to the City Attorney's office. 31 15. Letter Of the Valuation Engineer recommending a date of public hearing for August 3rd to consider the Petition of Richard Timmers for the vacation of part Of Cottage Avenue between Arkwright and Edgemont Streets. Councilmember Rettman moved approval of the recommendation. AdoptedYeas - 7 Nays - 0 16. Administrative Orders D-10306 thru D-10321 as on file in the City Clerk's office were noted. COlMITTEE REPORTS 17. Third Reading - 89-760 - An ordinance enacting the replacement housing policy and providing procedures for its implementation. (Housing & Economic Development Committee recommends aooroval) Al Olson, City Clerk, stated the amendments had not been adooted. Councilmember Dimond moved approval of the amendments. Councilmember Sonnen moved the ordinance be laid over to Tuesday for further clarification of the amendments. After further discussion, Councilmember Wilson said the best thing is to contact staff for clarification of the amendments. i Roll call on the motion to lay over to Tuesday, July 7, 1989. f Adopted Yeas - 6 Nays - 1 (Dimond) Laid over to Tuesday, July 11th. 18. Resolution - 89-867 - Requesting the HRA and Port Authority to consider and adoot replacement housing Policies similar to St. Paul's. (Housing & Economic iDevelooment Committee recommends aooroval) Laid over to Tuesday, July 11th. 383 - 5 ., 1 °I July 6, 1989 19. Resolution - 89-1038 - Acknowledging and su000rting the intent and the letter of the new reolacement housing law and directing appropriate City staff to imolement the replacement housing law. (Housing & Economic Development Committee recommends item be withdrawn) Laid over to Tuesday, July 11th. 20. Resolution - 89-844 - Accepting the Near East Side Neighborhood Improvement Strategy, re9uestin9 the shorter list of priority strategies be incorporated into the City s Administration work program, requesting said strategy be used as background information for updating the Comprehensive Plan and to evaluate orivate develooment or000sals to, City and neighborhood actions and investments on the Near East Side. (Housing & Economic Development Committee recommends approval as amended) Councilmembers Dimond and Goswrtz moved aooroval with amendments. Adopted Yeas - 7 Nays - 0 For the record, Councilmember Rettman thanked those involved with this resolution. 21. Resolution - 89-946 - Supporting the position of Governor Perpich oertaining to the U of M snorts facilities, encouraging the continued and expanded use of the St. Paul Civic Center for athletic events, and requesting the Mayor to form an ad hoc committee of representatives as listed to study the feasibility of cooperation with the U of M to host hockey games. (Housing & Economic Development Committee recommends approval) Councilmember Wilson moved aporoval'of the resolution. Adooted Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS 22. Resolution - 89-1181 - Granting wage and benefit Drovisions of contracts between the City and the Supervisors Organization to non -represented managers who elected not to be covered by the new Managers' Wage and Benefit Policy. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 23. Resolution - 89-1182 - Approving Chapter 319, Article 11, Section 2, Laws of Minnesota for 1988 amending Laws 1955, Chapter 151, Section 13, as amended relating to the St. Paul Police Relief Association. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the F mance Committee. 24. Resolution - 89-1183 - Approving the appointments by the Mayor of oersons listed to serve on the Energy Park Development District Advisory Board including the Twin City Testing Area. (FOR ACTION) Councilmember Sonnen said her information is they did not go through the a000intment orocess and asked for further information. Laid over until later in the meeting. 25. Resolution - 89-1184 - Providing that the assignment of studies by the Elder Council shall be by Council resolution and exoressing appreciation to the Elder Council. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 26. Resolution -89-1185 - Approving the issuance of Port Authority Tax Exempt Revenue Bonds for Source, Inc. in the amount of $2,890,000 to finance construction of manufacturing facility located on Energy Park west of Snelling. (Housing & Economic Development Committee recommends aooroval) Councilmember Sonnen asked to lay this over until later in the meeting. - 384 - X F", I F' 1 °I July 6, 1989 19. Resolution - 89-1038 - Acknowledging and su000rting the intent and the letter of the new reolacement housing law and directing appropriate City staff to imolement the replacement housing law. (Housing & Economic Development Committee recommends item be withdrawn) Laid over to Tuesday, July 11th. 20. Resolution - 89-844 - Accepting the Near East Side Neighborhood Improvement Strategy, re9uestin9 the shorter list of priority strategies be incorporated into the City s Administration work program, requesting said strategy be used as background information for updating the Comprehensive Plan and to evaluate orivate develooment or000sals to, City and neighborhood actions and investments on the Near East Side. (Housing & Economic Development Committee recommends approval as amended) Councilmembers Dimond and Goswrtz moved aooroval with amendments. Adopted Yeas - 7 Nays - 0 For the record, Councilmember Rettman thanked those involved with this resolution. 21. Resolution - 89-946 - Supporting the position of Governor Perpich oertaining to the U of M snorts facilities, encouraging the continued and expanded use of the St. Paul Civic Center for athletic events, and requesting the Mayor to form an ad hoc committee of representatives as listed to study the feasibility of cooperation with the U of M to host hockey games. (Housing & Economic Development Committee recommends approval) Councilmember Wilson moved aporoval'of the resolution. Adooted Yeas - 7 Nays - 0 NEW BUSINESS - RESOLUTIONS 22. Resolution - 89-1181 - Granting wage and benefit Drovisions of contracts between the City and the Supervisors Organization to non -represented managers who elected not to be covered by the new Managers' Wage and Benefit Policy. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 23. Resolution - 89-1182 - Approving Chapter 319, Article 11, Section 2, Laws of Minnesota for 1988 amending Laws 1955, Chapter 151, Section 13, as amended relating to the St. Paul Police Relief Association. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the F mance Committee. 24. Resolution - 89-1183 - Approving the appointments by the Mayor of oersons listed to serve on the Energy Park Development District Advisory Board including the Twin City Testing Area. (FOR ACTION) Councilmember Sonnen said her information is they did not go through the a000intment orocess and asked for further information. Laid over until later in the meeting. 25. Resolution - 89-1184 - Providing that the assignment of studies by the Elder Council shall be by Council resolution and exoressing appreciation to the Elder Council. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 26. Resolution -89-1185 - Approving the issuance of Port Authority Tax Exempt Revenue Bonds for Source, Inc. in the amount of $2,890,000 to finance construction of manufacturing facility located on Energy Park west of Snelling. (Housing & Economic Development Committee recommends aooroval) Councilmember Sonnen asked to lay this over until later in the meeting. - 384 - July 6, 1989 27. Resolution - 89-1186 - Aooroving the issuance of Port Authority Bonds for COPCO in the to finance construction Partnership amount of $1,315,000 of office and manufacturing facility located on Westgate Office -Industrial Center to be subleased to Colder Products Company and FasTest, Inc. (Housing & Economic Development Committee recommends aooroval) Fx?'M,Y Councilmember Wilson moved approval of the resolution. Adooted Yeas - 7 Nays - 0 `- 29. Resolution - 89-1187 - Establishing an advisory task force to study oublic 45 financing of City campaigns. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 30. Resolution -89-1188 - Amending C.F. 88-733 adooted May 13, 1988 by authorizing orover City officials to execute a corrective easement to the MWCC for sewer purposes in Willow Reserve Park. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 Councilmember Sonnen left the meeting at this point and returned later. 31. Resolution- 89-1189 - Suspending, for one day Liquor On Sale, Sunday On Sale Liquor, Off Sale Malt and Restaurant Licenses held by 859 Randoloh Corooration dba Soot. Bar located at 859 Randolph and amending recommendations of the Administrative Law Judge as stated. (Hearing held June 22nd) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 32. Resolution - 89-1190 - Suspending for six days On Sale Liquor, Sunday Liquor, Off Sale Malt and Restaurant Licenses held by J & L Liquors, Inc. dba Trend Bar located at 1537 University. (Hearing held June 22nd) Councilmember Rettman moved aooroval of the resolution. Adooted ', Yeas - 6 Nays - 0 33. Resolution - 89-1191 - Recommending that alternatives to helium filled balloons be found and that orecautions be taken to ensure they are disposed of prooerly and not.released. Referred to the Public Works Committee. Councilmember Sonnen returned to the meeting at this point. 35. Resolution - 89-1192 - Authorizing the classification and sale of orooerties - listed were forfeited to the State of Minnesota for non-payment of real ,which estate taxes. (FOR ACTION) Councilmember Long moved approval of the resolution. Adooted Yeas - 7 Nays - 0 36. Resolution - 89-1193 - Approving actions by the Board of Aooeals & Review of May 9, 1989 for orooerties located at 102 Leech, Fred Schmidt appellant; 995 McLean, McLean Terrace Ltd./Brian Miller aopellants; 1123 N. Chatsworth, Dorothy Verstraete, appellant; 41 W. Arlington, Richard Prooerti es/Ri chard Sagstetter - aooellant; 771 Randoloht Margaret Demco aooellant; and 504 Selby, Kenesaw Condo a Assn./Judson Jones aooe�lants. (FOR ACTION) Councilmember Long moved approval of the resolution. Adooted Yeas - 7 Nays,- 0 sy 9 - 385 - -417,7 July 6, 1989 a 37. Resolution - 89-1194 - Approving actions by the Board of Appeals & Review of May 9, 1989 for properties located at 1688 Dayton, Vincent Kuinia appellant; 560 W. Como, Leo Scheu b K v ; _ aooellant; 186 Summit, Ryan Schroeder aooellant; 325 Dayton, Wilder Juvenile Rorizon/Tisha Bolger apoellants; 102 Leech, Fred Schmidt s� aooellant; and 783 Carroll, Asaniah Buckley appellant. (FOR ACTION) Councilmember:Long moved approval of the resolution., AdoptedYeas - 7 Nays' 0 a- Councilmember Wilson left at this point in the meeting and returned later. k 38. Resolution - 89-1195 -Authorizing payment to Gertrude Donaby in the amount of $9,000 from the Tort c;3 Liability fund in full settlement of claim. (FOR ACTION) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 39. Resolution - 89-1196 - Approving assessment for acquisition for oarts Lot 1, Blk. 19, Beaver Lake Heights for imoroving the intersection of Algonquin and Nokomis,. and setting date of public hearing for August 8th. Councilmember Long moved approval of the resolution.' Adooted Yeas - 6 Nays - 0 40. Resolution - 89-1197 - Approving assessment for sidewalk reconstruction for parts of Case, Cretin, Dayton, Dorothea, Eleanor, Hillcrest, W. Lawson, Midway Parkway, Pacific, Ruth, Scheffer and St. Paul Avenue, and setting date of public hearingg for August 8th. Councilmember Long moved aooroval of the resolution. Adooted ay. Yeas - b Nays - 0 41. Preliminary Order - 89-1198 - Sidewalk construction and/or reconstruction for both sides of E. Hawthorne from Van Dyke to N. Hazel, and setting date of public hearing9 for August 10th. Councilmember Long moved approval of the Order. Adooted Yeas - 6 Nays - 0 42. Preliminary Order - 89-1199 - Sidewalk construction and/or reconstruction for both sides of Osceola from S. Pascal to S. Albert, and setting date of Dublic hearingg for August 10th. Councilmember'Long moved aooroval of the Order. Adooted Yeas - 6 Nays - 0' 43. Preliminary Order - 89-1200 - Acquiring part of Blk. 13,'Foundry Addition in r conjunction with.the Western/Atwater Ponding project, and setting date of oublic hearing for August 15, 1989. ' ty Counci member Long moved aooroval of the Order. Adooted p Yeas - 6 Nays - 0 a 44. Preliminary Order - 89-1201 - Condemning and taking permanent utility easement 30, ft. in width v under and across oart-of Lots 10-12, Blk. 12, Merrill s Division of Rice Street Villas and part of vacated W. Nebraska in conjunction with the Albemarle/Nebraska Sewer Separation project, and setting date of public hearing for Auggust 15, 1989. n t r e Councilmember Long moved aooroval of the Order. M. Adooted Yeas - 6 Nays - 0 lg S' }, y MT 45. Preliminary Order - 89-1202 - Approving Seventh Place Mall Operation and Maintenance Costs for 1989, r and setting date of public hearing for August 15, 1989. ` Councilmember Long moved aooroval of the Order. Adooted Yeas - 6 Nays - 0 _ 386 - ry r < July 6, 1989 y 4 `� f 4 46. Resolution r 89-1203 = Aooroving assessment for Seventh Place Mall Operation and Maintenance Costs for 1088, and setting date ." r k e of public hearing for August 15th. Councilmember Long moved approval of the Resolution. Adopted �''," a� �y r t x Yeas - 6 Nays - 0 47. Resolution - 89-1204 - Aooroving assessment for' sidewalk reconstruction for Darts of McAfee, Mechanic, Norfolk, W. Page, E. Rose, E. Sixth, Taylor and Wilson, and setting date of public hearing for August 17th. CouncCounilmember Long moved approval of the Resolution: Yeas - 6 Nays - 0 a ri 48. Resolution - 89-1205 - Approving assessment for the installation of sanitary sewer service connections in condunction with the Jackson/Sycamore Storm Sewer project, and setting date of s r public hearing for August 15th. Councilmember Long moved approval of the Resolution. Adopted Yeas -'6 Nays - 0 7 l 24. Resolution - 89-1183 - Approving the appointments by the Mayor of oersons listed to serve on the Energy Park Development District A Advisory Board including the Twin City Testing Area. (FOR ACTION) Councilmember Sonnen said she received informaton that the a000intments did go through the Drooer process and Councilmember Rettman moved' aooroval of the resolution. Adopted Yeas - 6 Nays - 0 r 28. Resolution - 89-1131 - Aooroving 1989 contracts with five agencies for funding under Child Care Partnership Program. (Laid over from June 15th) i 7 r Councilmember Rettman said the Community & Human Services Committee recommends aooroval and she moved aooroval of the resolution." Adopted Yeas - 6 Nays - 9 Councilmember Wilson returned to the meeting at this point. 60. Resolution - 89-1080 - Aooroving the renewal of On Sale Liquor, Sunday On Sale Liquor, Off Sale 3,2 Malt and Restaurant Licenses V, by BAL, Inc. dba Wabasha Bar located at 427 S. Wabasba, (Laid over from June 27th)— Tim Keenan appeared and said there are a lot of problems at the bar. Alan Hartman, manager of the bar, appeared 'said 'he oroblems and and is trying to solve the tions of Council. Chuck Prentiss, Executive Executiwered vs eDirector of helWest Side Neighborhood Housing Service said.the bar is of serious concern of the neighbors. y Paul Mandell, resident of the West Side, said the main problem is what is going on outside of the bar. Councilmember Scheibel answered Councilmember Sonnen and said the oolice reports were attached to the license at his request. Councilmember Sonnen also said she was concerned with the attitude of the manager. lh ' Councilmember Wilson spoke of implied responsibility. a " After considerable discussion Councilmember Wilson suggested a meeting be held with someone from the License Division- in attendance �c t and suggested tolay the item over four weeks to set uo the meetin with interested parties. Councilmember Rettman moved to lay the item y' �T• over four weeks to August 3, 1989. Roll call on the motion. Adopted Yeas - 7 Nays.- 0 % T ¢ yr 1 U ;e "' 387 - M' �i 4 _1 C FY4T Ya z� .� r - July 6, 1989 F " 3. Final Adoption - 89-1043 - An ordinance amending Sections 60 and 62 of the i Legislative Code pertaining to Zoning Regulations and permitting fair and festival on properties. (FOR ACTION) tj n y narking residential Mike Heffron, General Manager of the Minnesota State Fair, appeared and reviewed parking arrangements and plans for the future including narking and ride i intercept parking areas and said he thinks the Dark and ride is the solution and the suggested use of Municipal Stadium's lot and Energy Park area and he said ramp on the Fairgrounds would not be feasible. Councilmember Sonen explained a or000sed amendment on the overlay Dr000sal. nd Councilmember Dimond suggested an amendment to eliminate front yard narking and have side yyard barking subject to neighbors consent. Councilmember'Long suggested all narking be allowed yard with neighbor approval. Councilmember Scheibel suggested a two year sunset clause with a review and hearing in one year. a Councilmember Dimond moved to amend the proposed substitute ordinance to require tr>' approval of neighbors for State Fair oarkiog, and Councilmember Long spoke in t. SuDor ocall rt fon Roll the motion'. Yeas - 2 (Dimond/Long) Nays - 5 Motion failed of adoption. ` Councilmember Sonnen moved aooroval of the substitute ordinance for this and the following ordinance with a' change in the' sunset provision from three years to two years with a review after one year. s Councilmember Dimond requested an amendment in Section 2 of the ordinance to 'words a change words to"'both sides" and a change of the "adjacent" to "adjoining" and Councilmember Sonnen'accepted the amendment. a'{ i Roll call on the motion to amend by substitution of new ordinances with the ?+ {� f orevious amendments. Adopted Yeas - 5 Nays - 2 (Dimond/Rettman) Laid over to July 13th for Final Adoption. 4. Finale Adoption - 89-1044 - An ordinance amending Section 157.04 of the Legislative Code pertaining to miscellaneous narking restrictions and Providing exceptions for' fair and festival narking. (FOR ACTION) (See discussion and amendment above) Laid over to July 13th' for Final Adoption. PUBLIC HEARINGS 49. Third Reading -'89-426 -An ordinance repealing Section' 409.24 of the Legislative Code pertaining to the three year term of gambling managers. `Services (Community & Human Committee recommends approval) No one aooeared. Laid over to July 13th for Final Adoption. 50. Hearing to consider the request of Riverfest Educational Fairs, Inc. for a variance from the noise source limitations for Riverfest 1989 to be held on Harriet Island July 28 August 1989. a through 6, 15 7 Y6' Mr. Staffenson of the Health Division explained the staff recommendation and Mr. Kischel Health Division 4 y of the answered questions of Councilmember Scheibel and - — explained the changes from last years variance. x> Ron Maddox aooeared and explained that the direction of the stage has been 'a changed aftermeeting with neighborhood groups. Vic Wittgenstein of the Parks Department explained the agreement on the main stage and other stages and the time of closing. Randy Levy, Producer of Riverfest, explained the reason for the request for 110 dBAs at 125 feet and explained the change of the stage location. (Discussion continued on following page) 388 - M' July 6, 1989 (Discussion continued from previous nage) Wayne Nelson aooeared and said he is one of the closest neighborhoods and is in OPPPSi tion to the variance and he referred to various other nuisances and said he 0000ses'the use of the Park as a commercial enterorise and last year the level was not acceptable. Mary Jane Rachner appeared and urged denial of the variance and to get rid of the Festival William Brown, 56 Irvine Park and reoresenting the Irvine Park Association, spoke in 0000sition'to the variance. A resident from 318 Ryan referred to 'noise Problems during the first few years and said rearranging the stage should help but he Prefers the levels to be maintained the same as last year. Richard Miller, 26 W. 10th Street, said for ten days of summer residents are deprived of the use of their Property. A reoresentative'of the .Irvine/dill Condo Association said the music is so loud they can't -hear inside their own homes. A resident from 224 W. Isabel said extending the hours will•comoound problems. Paul Mandel, 145 W. Robie, objected to later hours and raising the noise level. No one else appeared. Councilmember Rettman moved that the oublic hearing be closed. Adopted Yeas - 7 Nays - 0 CouncilmemberScheibel referred to a letter add Petition in opposition to the variance. Councilmember Dimond suggested that all operations be 'limited to 11:30 P.M. with an 11:00 P.M. limit on the variance and with the limitation only to the'main stage for four hours with no variance for the other stages and he suggested d110 dBAs for only the main stage for four hours.' There was considerable discussion on increasing the dBAs and Councilmember Scheibel recommended approval of the staff recommendation. ` After further discussion Councilmember Dimond moved'.aooroval of the variance in accordance with the staff recommendation with changes that the dBAs be limited to 110 at 125 feet for the main stage for four hours ending at 11:00 P.M. and with all operations ending at 11:30 P.M. Councilmember Wilson said we need to look at this issue in the future and the array of talent being brought in. Councilmember Scheibel said the or000sal is not a comoromise and they are being granted what they want. Councilmember Long said a compromise would be 105 dBAs. Councilmember Sonnen said we should phase out Riverfest as a rock 'n roll concert and use the Civic Center for such events and she will support the 110 dBAs at 125 feet but asked for other amendments that recommendation No. 3 be changed to 9:00 P.M., recommendation No. 5 be limited to 80 dBAs before 10:00 P.M. and 70 dBAs after 10:00 P.M., recommendation No. 6 that the rides be limited to 10:00 P.M. and 10:30 P.M. on Friday and Saturday. Mr. Levy aooeared and expressed agreement to the amendments pr000sed by Councilmember Sonnen. Councilmember Wilson left the meeting at this point. Roll call on the motion. Adopted Yeas - 4 Nays - 2 (Long/Scheibel) The Council at this time (12:05 P.M.) was recessed and reconvened at 1:30 P.M. Present - 5 - Councilmembers Dimond, Long, Rettman, Scheibel, Sonnen Absent - 2 - Councilmembers Wilson and Goswitz (arrived at ooints during the meeting) (Continued on following page) - 389 - July 6, 1989 ?: 65. Resolution - 89-1213 - Approving the transfer of On Sale Liquor, On Sale Sunday Liquor, Restaurant and Catering Licenses by Leeann Chin's Inc. and L.C. Holding ri Co., Inc. dba Leeann Chin's Chinese Cuisine located at 214 E. 4th Street to T t Leeann Chin, Inc, dba Leeann Chin Chinese Cuisine at the same address. No one aooeared in opposition. Bill Simmons, attorney for Leeann Chin, clarified the location including the Depot Cafe and clarified the stockholdings. 4 After further discussion Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5Nays 0 Councilmember Goswitz returned to the meeting at this point. 61. Resolution - 89-1210 - Approving application for State Class B Gambling license applied for by Tenth Street Boxing at Mike's Bar located at 326 Grove. Na one appeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. ,f Adopted Yeas - 6 Nays - 0 I , 62. Resolution - 89-1211 - Approving application for Gambling Managers License applied for by 'Lou Danna dba Tenth Street Boxing at Mike's Bar located at 326 Grove. No one appeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 63. Resolution - 89-1212 - Approving application for Class A Gambling Location License applied for by Jimbee Corporation dba Mike's Bar located at 326 Grove. i No one aooeared. Christine Rozack of the License Division reminded the Council that there was a d gambling violation at this address and she said they are recommending approval subject to State aooroval. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 a 66. Resolution - 89-1214 - Approving application for On Sale Wine (menu item only), On Sale 3.2 Malt Beverage and Restaurant Licenses aoolied for by Ursa Major of Kellogg Square, Inc, dba Country Kitchen located 111 E. Kellogg Blvd. No one aooeared. Councilmember Rettman moved aporoval of the resolution. Adopted Yeas -'6 Nays - 0 67. Resolution - 89-1126 - Approving aoolication for Gas Station with additional Dumps, Grocery and CigaretteLicenses aoolied for by David Kroona dba Hazel Park Amoco located at 1200 White Bear. (Laid over from June 20th) No one aooeared. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 68. Resolution - 89-1127 - Approving application for General Repair Garage License applied for by David Kroona dba Hillcrest Certicare Repair Center located at 1581 White Bear subject to conditions of special condition use permit with site work ,to be completed by March 15, 1990. (Laid over from June 20th) No one aooeared. �h Councilmember GOswitz moved approval of the resolution. Fw> AdoptedYeas - 6 Nays - 0 j 390 - n r N- -391- July 6, 1969 - 64. Resolution - 89-758 - Approving application for Parking Lot License aoolied for { by DAB Partnership and,Allright Parking dba Allright Parking located it 468 N. Robert. (Laid over from May 2nd) Dick Klinebaum, a real estate broker, requested a temporary permit for the already completed portion until November 15th and he explained there is a letter of agreement for installation of the sprinkler system which must be adapted to = the entire building. Councilmember Sonnen for asked clarification of who is the licensee on this aoolication. Mr. Zaccard of the Fire Inspection Division said the basement is for parking and must be sorinklered and the proposal is acceptable to them. After further discussion the resolution was laid over until Tuesday, July 11th for further clarification. - Laid over to Tuesday, July 11th. 1; Councilmember Wilson returned to the meeting at this point. .n 56. Final Order - 89-1206 - Sidewalk construction and/or reconstruction for oarts of Glendale, Laurel, S. Mississippi River Blvd., Otis, Priscilla and Lafond. (Public Works Committee recommends aooroval with amendment deleting 480 and 486 Otis) . No one aooeared. Mr. Keefe of the Public Works staff said they have met With the property owners on Otis and recommend the addresses be added back into the original order. Councilmember Sonnen asked Mr. Keefe to meet with another owner on Otis about her sidewalk, and she moved aooroval of the Order. Georg Mueller, 571 Glendale, said the sidewalk needed replacement ten years ago 'he ` and doesn't see that his property will appreciate because of this proposal: Roll call on adoption of the Order. Adopted Yeas - 7 Nays - 0 57. Final Order - 89-1207 - Sidewalk construction and/or reconstruction for both sides of Charles from N. Milton to N. Chatsworth. (Public Works Committee recommends aooroval) No one appeared. Councilmember Sonnen moved aooroval of the Order. AdoptedYeas - 7 Nays - 0 58. Final Order - 89-1208 - Sidewalk construction and/or reconstruction for parts of Eleanor, E. George and E. Wyoming. (Public Works Committee recommends aooroval) No one aooeared. Councilmeinber Sonnen moved aooroval of the Order. 1 ' Adopted Yeas - 7 'Nays - 0 .. 59. Resolution - 89-1209 - Ratifying assessment for sidewalk reconstruction on both sides of Hawthorne from Luella to Ruth. (Laid over from June 20th) Upon request of Public Works Deoartment staff Councilmember Long moved that the resolution be laid over for two weeks to July 20th. Adopted Yeas - 7 Nays - 0 Laid over to July 20th. 51. Hearing to consider the appeal of Laurel Ann March to a Summary Abatement Order for property located at 230-40 Dale. (Housing & Economic --- Develooment Committee recommends appeal be denied to oroceed with assessment) No one aooeared. Councilmember Wilson moved that the appeal be denied with the Order to be completed within one week after publication of the resolution. Adopted Yeas - 7 Nays - 0 r N- -391- July 6, 1989 52. Hearing to consider the petition by Michael Killa to rezone property located at 2047 Grand from RM -2 to 8-2C to permit use of one-half of the two- family dwelling as office space. No one appeared in opposition. Councilmember Sonnen recommended that the rezoning be aooroved based on the staff recommendation and the Zoning Committee recommendation. Councilmember Long said the District Council supports the rezoning and Councilmember Rettman said it is soot zoning and should'be denied. Councilmember Dimond said zoning goes with the property and it should not be rezoned. Councilmember Sonnen noted that the property owner plans to file a deed restriction for parking. Roll call on the motion to approve the rezoning. Adopted Yeas - 5 Nays - 2 (Dimond/Rettman) 53. Hearing to consider the petition of the St. Paul HRA to rezone property located at 712-14-16 Mackubin from RM -2 to P-1 for development of off-street oarking for adjacent ,industrial zoned property. No one appeared in 0000sition. Councilmember Wilson moved approvalof the petition. Adopted Yeas - 7 Nays - 0 54. Hearing to consider the petition of residents alleging a nuisance to exist for orooerty located at 698 Hague. (Laid over from, June 22nd) Dick Klinebaum representing YMCA reiterated that they are trying to, acquire the orooerty at 683 Hague. Councilmember Wilson said he talked with Mr. Wills about a layover and the issue now is whether the property constitutes a nuisance. He said they have been working with the YMCA to determine redevelopment of the orooerty and Mr. Wills and the, YMCA agreed to boarding up the orooerty and the other building in the next item also has an interested party. Councilmember Wilson said because of the steps taken to board the orooerty and to get new ownership there is no basis for additional action and he said he will prepare a letter to the oetitioners and he moved that the petitioners be notified of no action. Adopted Yeas - 7 Nays - 0 (CC #13155) 55. Hearing to consider the petition of residents alleging a nuisance to exist for property located at 683 Hague. (Laid over from June 22nd) (See discussion above) Filed (CC #13155) 26. Resolution - 89-1185 - Approving the issuance of Port Authority Tax Exempt Revenue Bonds .for Source, Inc. in the amount of $2,890,000 to finance construction of manufacturing facility located on Energy Park west of Snelling. (Housing & Economic Development Committee recommends approval) Councilmember Sonnen.said she talked with Port Authority staff and there are unresolved questions and'the resolution was laid over one week to July 13th. Laid over to July 13th. Councilmember Rettman moved that a resolution pertaining to the Harriet Island Master Plan (C.F. 89-773) be recalled from Commfttee. Adopted Yeas - 7 Nays - 0 Resolution - 89-773 - Approving the Lilydale/Harriet Island Master Plan and authorizing submission to the Metr000litan Council and authorizing proper'City officials to execute agreements as necessary to accept and implement the Metropolitan Council grants for said development. Councilmember Rettman moved approval of the resolution and said the Community & Human Services Committee recommends aooroval of a substitute resolution and there was discussion on the feasibility of a new versus old pavilion. (Discussion continued on following page) 392 { ;F i _ July 6, 1989 (Discussion continued from Previous nage) Councilmember Scheibel suggested efforts be made to reuse the building and Councilmember Dimond said he favors rehabilitation of the Present building.' Councilmember Dimond moved approval of the resolution with an amendment providing that the feasibility of the reuse of the existing pavilion should be studied. Councilmember Rettman said she would accept the amendment to her resolution and she moved aooroval of the resolution. Peggy lynch appeared and commented on a new building versus rehabilitation of the oresent building. { Adopted Yeas - 7 Nays - 0 Councilmembers Dimond, Long and Sonnen left the meeting at this point and returned later in the meeting. 34. Resolution - 89-1133 - Approving action by the Board of Appeals and Review taken February 14, 1989 for property located at 436 Shepard Road, John Kerwin/Nicollet Restoration appellant. (Housing & Economic-Develooment Committee submits to Council without recommendation - Laid over from June 22nd) Councilmember Wilson reviewed the Committee discussion and Mr. Zaccard of the Fire Division explained the action of the Board of Aooeals and Review and he reviewed the history of this property and the staff recommends that the Council sustains his action to condemn the building with the building to be vacated while a certificate of occupancy is issued: Upon question of Councilmember Rettman,'Mr. Zaccard exolained that this is a new a apartment building and occupancy has never been certified. Councilmember Sonnen returned to the meeting at this Point. Jan Gasterland, Building Code Officer, said they have met on many occasions with Mr. Kerwin and have not issued Permits because of the zoning requirements in the River Corridor. Mr. McGuire explained that a map was prepared placing the location outside the floodplain area and itis in the process of being corrected because of an error and it could be zoned out of the flood area provided liability is accepted. Councilmember Scheibel reminded the Council that they cannot grant an apoeal and only approve the actions of the Board of ADoeals and Reviewand any appeal to the action of the Board must be done in court. j Mr. Gasterland said if the Council ratifies the Board action they will enforce condemnation. Councilmember Sonnen said she thinks the Council has the authority to modify ' actions of the Board of Aooeals and Review. Gary Van Cleave, attorney for Mr. Kerwin, referred to corresoondence with Mr. McCloskey of the City Attorney's Office concerning the process in this matter. Ms. McPeak of the City Attorney's Office said she has conferred with Mr. Villaume who said if there is no certificate of occupancy and it is unsafe there is strong possibility of liability of the City. Mr. Van Cleave Mr. Kerwin said is willing to release the City from liability. He referred to difficulty in obtaining a list of violations and said people like living there and Mr. Kerwin has tried to comply with all requirements. Mr. Gasterland said Mr. Kerwin has allowed occupancy and was notified and appeals have precluded enforcement of the condemnation order. He said a certificate of occupancy could not be issued until the building is brought uo to code. Councilmember Scheibel referred to a communication in 1988 from Mr. Soderholm - j listing a number of deficiencies for site plan and he suggested adoption of the resolution with a request to Mr. McGuire to communicate with Mr. Kerwin on what is necessary for site plan. R (Discussion continued on following page) - 393 - .. i 1 -�'�-��Y7"',A'"^ �'��v�t°"''.`i'- � cfi°y'�: � ,.,.,.� Kaa•1� Q �i , .. .. , . a .,, , ..,.. ...... _" _ _ _.... _._ . _. - - - - - �aX July 6, 1989 (Discussion continued from previous oage) Councilmembers Dimond and Long returned to the meeting at this point. Councilmember Wilson asked by what authority the occupants have moved in and Mr. Zaccard said by no authority of the City.. Councilmember Sonnen said we need to decide if it is within the-visionof the Cit' residential have this n the River *the Councilmember Ret ainsuggested h aooroval ofresolution and said it is illegal for -to rent_ without:a certificate of occupancy, and she moved ,the, ;owner aooroval of the resolution. Councilmember Scheibel asked that the letter of November 29th be uodated on the steos for site olan approval. Roll call on the resolution. - Adopted Yeas - 6 Nays - i (Sonnen) Councilmember Scheibel referred to a discussion it a orevioas Council meeting regirdiog'a zoning,apoeal of Nguyen, Tuan for orooerty at 1359 Blair and to a i request fora subooena to get testimony of a former building inspector and he said it is reported that the building inspector is in critical condition and not able to,aooear and was agreed not to proceed with the subpoena. i ,it Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas -7 Nays - 0 ADJ0URNEpDD AT 3:35 P.M. • T 4 unci rest e"3nY ATTEST: Copies sent to Councilmembers b Minutes approved by Council i yg1er f 4 ' 394 - • i 1 MINUTES OF THE COUNCIL 9:00 A.M JULY 11, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 5 - Councilmembers Dimond, Long, Rettman, Scheibel, Sonnen Absent - 2 - Councilmember Goswitz (arrived at a point during the meeting) and Councilmember Wilson (excused through July 25th for Sister City trio to Lawaaikamo; South Africa. APPLICATIONS - COMMUNICATION 1. Letter of the Mayor's office announcing vacancies on the Human Rights Commission, Mayor's Advisor yy Committee for People with Disabilities, St. Paul Board of Appeals & Review, Planning Commission and Port Authority. Filed (CC ##13158) 2. Notification from the Animal Control Suoervisor that a research institution will be receiving animals from the Animal Control Center on July 6, 1989. Filed (CC #13159) NEW BUSINESS - RESOLUTIONS 6. Resolution - 89-1215 - Authorizing an agreement and granting $2,000 to Rondo Avenue, Inc., for the purpose of staging the Rondo Days Festival to be held August 5th and 6th. (FOR ACTION) Councilmembers Dimond and Sonnen moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 7. Resolution -.89-1216 - Authorizing an agreement with the Metropolitan Waste Control Commission for the construction of the City's Hazelwood/Magnolia CSSP Project. -(FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 8. Resolution - 89-1217 - Authorizing extension of a Lease Agreement of Cayuga Playgrund for three years from May 1, 1989 through April 30, 1992. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Goswitz arrived at this point. 9. Resolution - 89-1218 - Authorizing a Federal Uniform Crime Reporting agreement with the Bureau of Criminal Aoorehension. (FOR ACTION) Councilmember Rettman said she had some questions oertaining to exact dollar amounts and it was agreed to refer this item to the Finance Committee. Referred to the Finance Committee. CONMITTEE REPORTS 3. Resolution - 89-1006 - Amending the 1989 budget by adding $289,000 to the Financing Plan & Spending Plan for Public Works Equipment fund. (Finance Committee recommends approval - Laid over from June 27th) Councilmember Long said this item was discussed in Committee and that he has sooken with Don Nygaard, Greg Blees and Gene Schiller and all are in agreement to this item being withdrawn. Councilmember Goswitz withdrew the resolution. Withdrawn. - 395 - U July 11, 1989 4. Resolution - 89-1083 - Amending the 1989 budget by adding $202,971 to the Financing Plan & Spending Plan for Citywide Information Services Division computer capacity uoyrading. (Finance Committee recommends aooroval of a substitute resolution `$188,000) - Laid over from June 27th) Councilmember Long said the Finance Committee recommended aooroval of this item as a substitute and he said it is also a substitute to Item No. 5, C.F. 89-1135 and he moved aooroval of the resolution. Adopted Yeas- 6 Nays - 0 5. Resolution - 89-1135 - Amending the 1989 budget by adding $202,971 to the Financing Plan & Spending Plan for Citywide Information Services Division computer capacity upgrading. (Laid over from June 27th) Councilmember Long withdrew the resolution. Withdrawn. 10. Resolution -'89-1219' - Adopting revised "Early Notification Policy and Procedures" and clarifyying its ooeration as found in Chanter A-11 of the Administrative Code. (FOR ACTION) After' considerable discussion on the Early Notification System as it relates to the Council there was agreement ;to hear this item in the Rules &policy Committee. Referred to the Rules & Policy Committee. 11. Resolution - 89-1220 = Approving the appointment by 'the Mayor of oersons as listed to"the Building Trade Boards of Examiners, terms to expire July 1st of the third year"after appointment or until their successor shall have been appointed and qualified." (FOR ACTION) Councilmember Sonnen 'referred to an opinion of the City Attorney she had requested indicating this resolution had not gone through the, open a000intment orocess and she said the City Attorney recommends notifying the Mayor of this. There was some discussion and Councilmember Scheibel withdrew the resolution. Withdrawn. 12. Resolution - 89-1221 - Removing tree removal assessments from the tax rolls for three orooerties located at 174,E. Arlington, 1319 Margaret'and 854 Westminster. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 13. Preliminary Order - 89-1222 - For condemning and taking a permanent utility easement for the Arcade/Minnehaha Area Sewer Separation,, and., setting a date of hearing for August 15th. Councilmember Rettman moved aooroval of the Order. Adopted Yeas - 6 ' Nays - 0 14. Preliminary Order - 89-1223 - For constructing a concrete curb on Minnehaha between Stroh Drive and vacated Greenbrier as oart of the Arcade/Minnehaha Street Paving & Lighting Project, and setting date of hearing for August 15th. Councilmember Rettman moved aooroval of the Order. Adopted Yeas 6" Nays - 0 PUBLIC HEARINGS 15. Resolution - 89-1237 - Reciting a proposal for refinancing two multi -family rental housing developments through the issuance of refunding bonds for the 900 Como Lake and the Highland Park, Retirement Residence Projects. (FOR ACTION) No one appeared in 0000sitlon. Councilmember Long moved approval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 - 396 - I July 11, 1989 i; 19. Final Order - 89-1224 - For sidewalk construction and/or reconstruction for parts Barclay, I �k of N. Howard, Lake, Manitou, Ruth, E. 7th & E. 3rd. (Public Works Committee recommends aooroval) sr' x 1 titrf� Councilmember Goswitz noted the Committee recommendation is for aooroval with the exception of E. 7th Street. A representative m r ¢ * ° of Noble Industries located on E. 7th Street aooeared and said sidewalk reconstruction for this eT area is unnecessary and unwarranted and he further sooke in opposition to the order for this area. Councilmember Goswitz further explained the Committee h4Y1 recommendation to lay over in order.to find further financing. A resident who resides at 803 Lake Street aooeared and spoke in suoport'of the �r order and urged Council to replace the sidewalk oanels. Councilmember Dimond referred to a letter he received from the property owner of 799 Lake Street and requested City i' staff to contact him as he is concerned with a boulevard tree. # .fi Upon question of Councilmember Sonnen, Tom Keefe of the Public Works staff appeared and said E. 7th Street has been laid over from last year and he is"not in favor of laying it over again as it is in very bad condition. Councilmember Dimond said E. 7th is a gateway area and he sooke in support of ping ahead with the order for this area, Councilmember Goswitz stated the request for layover is to find funding for this area on E. 7th, and Councilmember Sonnen stated property owners are resoonsible to pay for sidewalk assessments and we need to proceed. There was considerable discussion and Councilmember Scheibel said he could air } support a'layyover to determine a finance payment plan and Councilmembers Dimond and Long spoke in } support of a one week layover for the ouroose. Councilmember Sonnen said this is the final v k r i order to out the project out for bid and she said discussion of the financing payment ofan should be held at the assessment hearing. `Yeas Councilmember Long moved that East 7th Street be laid over one week. Adopted - 5 Nays - 1 (Sonnen) Yeas by the property owner of 799 Lake, Tom Keefe explained the City cannot get involved with orivate negotiations between orooerty owners and contractors for bids on extra work. No one else aooeared. Councilmember Dimond moved aooroval of the Order. Adopted Yeas - 6 Nays - 0 ;. 20. Final Order - 89-1225 - For sidewalk construction and/or reconstruction for Parts of E. Arlington, Barclay, E. Cottage E. Hawthorne, ` E. Idaho, Nebraska, E. Orange, Reaney, LaCrosse and Nokomis. Public Works Committee recommends y approval with amendments to Nokomis) ;, • ' No one aooeared in opposition. Councilmember Goswitz moved 'aooroval of the order by deleting Nokomis as recommended by Committee. Councilmember Scheibel said the Order for Nokomis will be heard next week. Roll call. Adopted Yeas - 6 Nays - 0 •s�i3 - �s kyr 21. Final Order - 89-1226 - Improving Market St. from 5th to 6th Streets by removing r Y existing Pavement and constructing brick surface, tree planters and planting trees and decorative type ightin globe system. (Public Works Committee recommends a two week layover in Commttee? K,lappeared. ' No one § !' Laid over two weeks to July 27th. =. 25. Resolution - 89-1230 - Approving application for a Class B Gambling License by St. Bernard's High School dba Triviski's Bar at 173 S. Robert St. 9 No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 397 - - 398 - .d July 11, 1989 - } 26. Resolution - 89-1231 - Approving application for a Class B Gambling Location s License by Wh000ee, Inc, dba Triviski's Bar at 173 S. Robert St. No one appeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 F Y"s 27. Resolution - 89-1232 - Approving application for Gambling Manager's License by John O'Neill dba St. Bernard's High School at 173 S. Robert St. No in one aooeared 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 28. Resolution - 89-1233 - Aooroving application for Massage Therapist License by Ann Altman dba Sister Rosalind's Professional Massage Center at, 734 Grand Ave. Kris Van Horn of the Licensing appeared and said this and the following related items be laid indefinitely. ,should over She explained that Sister Rosalind's is moving to anew location and that these licenses are not transferrable._ 4. _ No one aooeared.. Councilmember Rettman moved this and the following related items be laid over indefinitely. Roll call on the motion. -'-' Adooted Yeas - 6 Nays -0 29. Laid over indefinitely. Resolution 89-1234 - - Aooroving application for Massage Therapist License by Marilyn Bronn dba.Vi's Therapeutic Massage Center at 1821 University Ave. No one aooeared. Councilmember Rettman moved aooroval Adooted Yeas - 6 Nays - 0 30. Resolution - 89-1235 - Aooroving application for Massage Therapist License by Pamela Moench dba Sister Rosalind's Professional Massage Center at 734 Grand Ave. (See discussion above) - Laid over indefinitely. S 31. Resolution - 89-1236 - Approving aoolication for Massage Therapist License by Randy Wolff dba Sister Rosalind's Professional Massage Center at 734 Grand Ave. (See discussion above) _ Laid over indefinitely. 16. Appeal of Thomas Muraski to a Summary Abatement Order for property located at ± � 874 Marion Street. Steve Roy aooeared and presented his staff report stating this abatement was for tall grass and weeds and an inooerable. vehicle which was still on the orooerty as of this morning. Tom Muraski aooeared and said he doesn't know who the owner is. Upon question of Councilmember Scheibel, Mr. Roy said if this vehicle is not removed the Police Department will remove it and the fees for that service will g0 on the orooerty taxes. Councilmember- Rettman explained the City charges for doing this work and she suggested to Mr. Muraski that he his 3 get own hauler and that he keeo.his grass mowed and she moved denial of the aooeal the to be in with order effect immediately after publication in the Legal Ledger. Uoon question of Councilmember Goswitz, Ed Starr exolained the City ordinance s oertaimng to the removal of vehicles. Roll call on the motion for denial of the aooeal P Adopted Yeas - 6 Nays - 0 - 398 - i July 11, 1989 17. Aooeal of Ms. Jennie Charles to a Summary Abatement Order for property located at 2173 Nortonia Avenue. Ms. Charles aooeared and referred to sewer work done by the City approximately two years ago and she said she believes the abatement is related to that work. Steve Roy stated Ms. Charles did call regarding a complaint to what appears to be a break in the sewer line and he said he doesn't have all the information. There wassomediscussion and agreement this appeal be referred to the Public Works Committee with the Public Works and Water 'Departments to investigate before the Committee meeting. Referred to the Public Works Committee. 18. Aooeal of Nick Bredemus to a Summary Abatement Order for property located at 1285 Sylvan Street. Steve Roy presented his staff report and referred to three inoperable vehicles On this property. Nick Bredemus aooeared and said he spoke.with City staff at the Health Division and was told all 'he needed was tohavethe tabs on the license plates. Councilmember Rettman stated vehicles cannot be stored on yard -space and that they need to be operable and licensed. She referred to these vehicles being collector items and she requested a one week layover in order for Mr. Bredemus to located proper storage. Roll call on the motion for a one week layover. Adopted Yeas - 6 Nays - 0 Laid over to July 25th. 22. Resolution - 89-1227 - Ratifying Assessment for Demolition of vacant building (520 Kent Street) through the month of April, 1989. Steve Roy presented his staff report. No one aooeared. Councilmembers Goswitz and Dimond moved aporoval of the resolution. Adopted Yeas - 6 Nays - 0 23. Resolution - 89-1228 - Ratifying Assessment for Boardings-U.0 of vacant buildings through the month of March, 1989. It was noted Barbara Thompson and Carolyn Blair, owners of Property were oresent. Ms. Thompson explained they were away for the winter on vacation and during that time their home was broken into, vandalized, burglarized and burned down and she referred to the garage and said they were not notified it was going to be boarded up. Mr. Roy explained due to the fire the structure was no longer up to code and therefore became vacant. Ms. Blair appeared and further explained circumstances. There was considerable discussion. Steve Roy stated the City cannot board uo_a structure without notifying the owner and he referred to efforts made to contact the owners. No one else aooeared. Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Rettman referred to City -owned properties located in the Dale/University area which were to have been demolished for the Dale Street project and as yet haven't been torn down and she said we are now charging staff to board them uo and she requested a report on the reason for the delay and its impact on the City as a whole before the Public Works Committee. - 399 - ■ t a.� Gk i July 11, 1989 24. Resolution - 89-1229 - Ratifying Assessment for Summary Abatements to recover d Administrative Costs incurred by Community Servicesnotifying property owners to repair or demolish structures on their Droperty. •. ( ruds;, Paul Bramson, 591 Selby, appeared and presented some background information on his property as it pertains to the HPC and demolishing this structure and to S a . costs incurred. Steve Roy. said this structure was vacant .for alength of time and he also nz E e referred to numerous costs involved. Councilmember Dimond moved approval of the assessment. Roll call. ' Adooted Yeas - 6 Nays - 0 Councilmember Scheibel referred to a letter received by Councilmember Wilson for Lt k property at 594-6 Sherburne requesting a three week layover. No one else apoeared. g Councilmember Rettman moved aoproval of the resolution with 594-6 Sherburne laid over to August 1, 1989. p �. Roll call. 6 Nays Adopted Yeas - - 0 ADDITIONAL ITEMS 4. Resolution - 89-758 - Approving aoolication for Parking Lot License applied for Parking Allright Parking located 46B N. by DAB Partnership and''Allright dba at Robert. (Laid over .from July 6th) It was noted that a substitute resolution has been oreoared stating the stipulations. No one appeared. jc Councilmember Rettman moved aooroval of the substitute resolution Roll call. - - Adopted Yeas - 6 Nays - 0 1. Third Reading - 89-760 - An ordinance enacting the replacement housing policy j its implementation. and providing procedures for (Housing & Economic Development Committee recommends aooroval -Laid over from July 6th) Councilmember Sonnen referred to and exDlained a technical amendment pertaining to affordable rents, j Councilmember Dimond said he feels this a significant amendment with financial ; implications. There was considerable discussion and Mary Tingerthal of PED appeared and referred to costs involved with both the 50 percent level and the 60 oercent level. Councilmember Sonnen referred to definitions on oage 2 she feels is duplication and she referred to and spoke in su000rt of additional item no. 3, C.F. 89-1038. Councilmember Sonnen moved aooroval of an amendment to change the level from 60 oercent to 5D oercent. Roll on the motion. Adopted Yeas - 5 Nays - 1 (Dimond) ;. Laid over to July 18th for Final Adoption. } 89-867 Requesting HRA Port Authority to e 2. Resolution - - the and consider and �w iCev adopt replacement housing policies similar to St. Paul's. (Housing & Economic Development Committee recommends aooroval - Laid over from July 6th) 3i v Laid over to July 18th. 3. Resolution - 89-1038 -Acknowledging and supporting the intent and the setter of - - the new replacement housing law and directing appropriate City staff to implement the replacement housing law. (Housing & Economic Develooment item Committee recommends be withdrawn - Laid over from July 6th) Referred to the Legislation Committee. -400- - ;p,` ,3 [{ h MINUTES OF. THE COUNCIL 900 A.M tj JULY 13, 1989 > COUNCIL CHAMBERS - CITY HALL & COURT HOUSE N h SAINT PAUL,,M,INNESOTA.,, f00, � ;^ The meeting was called to order by PresidentScheibel at 9:05 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Lang, Rehman, Scheibel, Sonnen Absent - 1 - Councilmember Wilson (excused) MISCELLANEOUS { 27. Recognition of retiring, City employees., Councilmember Scheibel acknowledged Ron Grant for his 30 years of work in the � - Public Works Department and presented to him a certificate of acknowledgement. ORDINANCES d- 1 1. Final Adoption - 89-426 - An ordinance- repealing Section 409.24 of the Legislative;Code' oertaining to the, three year term of gambling managers. (Community & Human Services Committee recommends approval:) Councilmember Rettman moved aooroval of the ordinance.., r Adopted Yeas - 6 • Nays - 0 Ord. #17666 2. Final Adootion - 89-1Q43`,--4 oroi.papce,amend.in,q,Sect,ions,60 and 62 of the Legislative Code oerfaifiing to.2pning Regulations and permitting fair and festival parking on residential properties. (Laid. over from July 6, 1989.) Councilmember Sonnen moved aooroval 'of the ordinance. Mr. Bergland and Mr: Raut, residents of the,$t. AnthQny.Park:area, appeared: and - urged Council to allow parking in St. Anthony Park. Upon question of Councilmember Scheibel, Councilmember' Sonnen said it was,the concensus of the St. Anthony Park community that parking not be allowed during the Fair. , Upon question of Councilmember Rettman, bane McPeak said if a fee isnot charged it would not be considered' State Fair oarking but it would be in violattibn.'of., other ordinances. Roll call on the motion for aooroval. Adopted Yeas - 5 Nays - 1`(DimonA) Ord. #17667 3. Final Adoption - 89-1044 - An ordinance amending Section 157.04 of the Legislative Code pertaining to miscellaneous parking restrictions and providing a exceptions for fair and festival Parking: (Laid over from July 6, 1989.) ;.r (See discussion above) Adopted Yeas - 5 Nays - 1 (Dimond)_ Ord.;#17668 APPLICATIONS -'COMMUNICATION 4. Letter of the City Attorney's office announcing' date of public hearing for July 25, 1989 before an Administrative Law Judge pertaining to possible adverse action against licenses held by Pat -Con, Inc, dba Pat's Bar & 'Grill located at 719 N. Dale St. Filed ,.. (CC #13160) - 402,- 1 T Y �,> July 131 1989 COMMITTEE REPORTS 5. Second Reading - 89-12 - An ordinbnce amending the Legislative Code by adding a new chaoter licensing personal prooerty locker facilities. (Community & Human Services Committee submits to Council without recommendation:) Upon request of Councilmember Long this item was referred back to the Community & Human Services Committee. Referred to the Community & Human Services Committee. 6. Second Reading - 89-1081 - An ordinance amending Chapter 331 of the Legislative Code pertaining to food licensing by authorizing the process of the summaryy closing of licensed food establishments, enacting the standards upon which closings should take place and establishing a hearing and appeal process subsequent to a summary closing. (Community &Human Services Committee submits t; to Council without recommendation.) Laid over to July 18th for Third Reading. NEN BUSINESS - RESOLUTIONS 7. Resolution- - 89-1238 - Amending Section 28.B of theCivilService Rules „ , concerning compensation. '(First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE.P.) Referred to the Finance Committee. 8. Resolution - 89-1239 - Amending the 1989 budget and adding $30,201 to the Financing and to the Spending Plan far SoeciA'1 Projects -Police - Emergency Communications'Center to complete the.,imblemen�ation ,of the 911 Emergency Communication Center. '(FOR REFERRAL TO THE FINANC( COMMITTEE.) ` Lt. McCabe appeared and explained' the 'bddget request and he referred to money received from the McKnight Foundation. 1i Roll call on the re,splution. Adopted 4e$s'- 6 „Nays - 0 9. Resolution - 89-1240 - Establishing a Trust Fund for the Hiller & Lois'Hoffman Memorial, authorizing acceptance of ggift of $5,000 and amend'ngg the 1989 bpdgget, by adding $5,000 to the Financing Plan fV'Cont'rfbuti6os`�`Donations. OR ACTION) Counci ° member Rettman moved approval of the resolution: ''''' Adopted Yeas - 6 Nays' - 0 10. Resolution - 89-1241 - Amending the make-up of the Mayor's Management Compensation. Committee. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 11. Resolution- 89-1242 - Approving the appointment by the Mayor of Jerome Lantry, LeClair G. Lambert, Donald Larson and Richard Swanberg to, the Civic Center Authority, terms to expire July 1, 1993. (FOR ACTION) Upon request of Councilmember Dimond this resolution was referred to the Finance Committee. Referred to the Finance Committee. w, 12. Resolution - 89-1243 - ADoroving the appointment by the Mayor of James C. Sargent to serve as a Commissioner of the Civil Service Commission, term to �- expire June 13, 1992. (FOR ACTION) At the request of Councilmember cheibel this resolution was referred to the " Finance Committee. Referred to the Finance Committee. r2j ?3 z! 13. Resolution - 89-1244 - ACCeptlng donation of $1,000 by Andy Brooks to Parks & Recreation for Park Clean -Up. (FOR ACTION) w Councilmember Long moved approval of the resolution. Adooted Yeas - 6 Nays - 0 403 W July 13, 1989 14. Resolution - 89-1185 - Approving the issuance of Port Authority Tax Exempt Revenue Bonds for Source, Inc. in the amount of $2,890,000 to finance construction of manufacturing facility located in Energy Park west of Snelling. (Housing & Economic Development Committee recommends approval - laid over from July 6, 1989.) Councilmember Sonnen said she reviewed the site Plan and she moved approval of the resolution. Adopted Yeas - 6 Nays - 0 15. Resolution Approving Assessment - 89-1245 - For construction of concrete curb on Minnehaha Ave: between Stroh Drive and Vacated Greenbrier St. as Dart of the Arcade/Minnehaha Street Paving & Lighting Project and setting date of public hearing for August 17th, 1989. Adopted -Yeas - 6 Nays - 0 Councilmember Scheibel requested the rules be suspended to consider an item not on the agenda pertaining to the Fire Fighters Test. He said he hesitantly supported this item going to court, Out at this: pq�nt. we need to have the City Attorney look 'into' settlement. He said the HHuman fights Commission is willing to talk and he said he feels it is;mpgrtagtua's a Council to go on recor stating we would like a settlement. Councilmember Dimond moved the rules be;,susog9ded., , Councilmember Sonnen requested discussion before voting on suspension and she said the consensus is this issue is going to court and she `said the court orocess doesn't have to stop in order to look at other alternatives. Councilmember Dimond said this is a very important issue to the oeoole of the City and we have spent considerable time with research. He said this will not be a quick settlement and would not. stoo court action but we need to make the effort to find aesolution beforehand. - Councilmember Long said he believes there will never be an out of court settlement on all the 'issues but we do'need to get the hiring freeze lifted.,He: said the intent of the resolution is very good and he suggested an alternative solution.„ Councilmember Goswitz spoke in su000rt of the resolU66.”" Terry Sullivan appeared and explained the request for continuance. Roll call for suspension of the rules. Adopted Yeas - 5 Nays.- 1 (Sonnen) Resolution - 89-1272 - Declaring intent to reopen negoiations for settlement of the 'Firefi hters Examination issue. Councilmember Sonnen said 'she voted against suspension of the rules because of the lack of public notice requirements, and Councilmember Scheibel said this item has been in the newspapers. - Councilmember Goswitz'requested this resolution be referred to Committee. Councilmember Dimond said we have a responsibility to meet obligations ,and delaying this in Committee would be a tragedy. Councilmember Sonnen sooke in support of sending this resolution to Committee. Councilmember Dimond stated all meetings held were recorded and are available to the public and he requested testimony; received.,from the Fire. Fighters Union representatives also be made _Dart of the record. Referred to the Finance Committee. - 404 - F ti July 13, 1989, PUBLIC HEARINGS 16. Third Reading - 89-742 - An ordinance amending Chapter 60, Sections 753 & J54 and Chaoter 64.300 i of the Legislative Code pertaining to the Zoning Code:,_ Special 'Condition Uses. (Housing & Economic Development Committee recommends approval ) There G s was considerable discussion and Donna Datsko of PED explained Ian 9uage that has been struck out and replaced with language i' new pertaining to the River Corridor. Councilmember Sonnen expressed concern with the new language and she moved to keep Section 2 as it is with the new language added. No one'aopeared. . Roll call'on the motion. Adopted Yeas - 6 Nays - 0 j Laid over to July 20th for Final Adoption. 17. Hearing upon proposed brooerty acquisition of parcels or tracts'of land in the North End Partnership Area, north of Sycamore St., Urban Revitalization Action Program, North End District 6. A lady appeared and sooke'in su000rt of the Program.,.' No one else appeared.' Councilmember Rettman said dramatic changes have occurredin the neighborhood and'she moved aooroval ,of the property acquisition ' Adopted Yeas'-. &:_ ., .. Nays'-- .. The Council at this time recessed and reconvened at 10:20. Councilmember Long left the meeting and returned later in the meeting. c 18. Petition of Oneida Education CenterjOneida Community Center to rezone from RM-2 1 I to OS-1 ,property located at 357 Oneida Street (Southwest, corner :of Oneida'and Jefferson) for continued 'office use of building for uses. No one aooeared in 0000sition. Councilmember Scheibel'said both the Planning Commission and'thie Zoning Committee recommend aooroval'of this resolution., Councilmember Dimond moved approval. Adopted Yeas - 5 Nays- 0 Councilmember Long arrived'at this ooint inthe meeting and Councilmember Scheibel left the meeting at this point and returned later. " 19. Resolution - 89-1246 - Ratifying Assessment for improving Cottage Ave. from Galtier St. to Rice. St. as oart of the Cottage/Galtier' St. oaving & Lighting Project. No'one'acoeared`in 0000sition.' Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 20. Resolution - 89-1247 - Ratifying Assessment for constructing a skyway bridge crossing over Fourth St. between Sibley St. and Jackson St. No one appeared in opposition. Councilmember Long moved aooroval of the resolution. Adooted Yeas - 5 Nays - 0 21. Resolution - 89-1248 - Ratifying Assessment for construction of sanitary sewer and service connections in Breen St. from Hyacinth Ave, to Hawthorne Ave. No one appeared in opposition. Councilmembers Dimond and Goswitz moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 405 - i i 0 July 13, 1989 j 22. Resolution - 89-1249 - Aooroving aoolication for Class A Gambling License by Merrick Comoanies, Inc. at 1060 University Ave. It! No one appeared in'omoosition. i Christine Rozack said the License Division recommends approval. YrR Councilmember Dimond moved aooroval of the resolution. .Qcr Adopted Yeas - 5 Nays - 0 y 23. Resolution - 89-1250- Aooroving aoolication for Class A Gambling License by t Rosettes, Inc, at 1494 N. Dale St. No one aooeared"in oomosition. Councilmember Dimond moved aooroval of the resolution. Adopted " Yeas - 5 Nays -'0 24. Resolution'- 89-1251 Approving aoolication for renewal of Class B Gambling 1 License by the North End American Legion Post #474 at 72 W. Ivy with the G stioulation Gambling Manager'doih'pensation must not 'exceed $50:00 oer week. No one appeared in opoosition. Christine Rozack said all liabilities are now cleared uo and the License Division recommends approval. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 25. Resolution - 89-1252 - Granting a one -day extension of service area on July 27, 1989 between the hours of 12:00 Noon to 9:00 P.M. to Sam Frattallone dba Naool-i Cafe at 1406 White Bear Ave. No one aooeared in ommosition. Councilmember Goswiti moved aooroval of the resolution. j Adopted Yeas - 5 Nays - 0 26. Resolution - 89-1253 - Approving aoolication for Parking Lot License by DAB f Partnership and Allright Parking dba Allright Parking located at 468 N. Robert. (Laid over from July 6, 1989.) It was noted this item was previously adopted on Tuesday, July 11th. Councilmember Scheibel returned to the meeting at this point. Councilmember Rettman said the Community & Human Services Committee had extensive discussion on the establishment of a Housing Court and she said a meeting is scheduled for Friday with the County Board and other interested oersons and she moved suspension of the rules to consider this resolution. Roll call on suspension of the rules. " Councilmember Sonnen said she will be voting against suspension because the ouroose ofthe Council agenda is to get important items on in order to review them and she feels this is a very important item and she has not had the 0000rtunity to review it. Roll call on suspension of the rules. ='x Adopted Yeas - 5 Nays - I (Sonnen) Resolution - 89-1273 - Supporting implementation of the Housing Consolidation Calendar Project (Housing Court) and creation of a task force. Councilmember Dimond spoke in support of the resolution and he commended Councilmember Rettman for her work on this item. — ; Councilmember Rettman stated staffing will be from her interns and therefore is not a cost element. v Councilmember Sonnen said she feels this discussion should be held in Committee and she said she has force, many questions oertaining to the task and Councilmember Long sooke in ¢f support of the Committee system. After further discussion there was agreement that Councilmember Rettman will hold a Special Community & Human Services Committee meeting for this item and it €j will be before Council again on July 27th. Laid over to July 27th. 406 - 0 J July 13, 1989 At this time Council recessed and reconvened at 10:50 A.M. Councilmember Dimond moved that the rules be'susoended to consider an item not on the agenda pertaining to the Riverfest noise variance. Roll call. Adopted Yeas - 6 Nays - 0 Resolution - 89-1274 - Granting a.variance from noise ordinance for Riverfest at Harriet Island on'July 28 throu9h'August 6. Councilmember Scheibe l said he has asked the Mayor to veto the resolution. Councilmember Long suggested reconsideration of a 105 dba level. ' Councilmember Goswitz referred to incorrect information in a letter of the PCA. Councilmember Dimond moved'aooroval of the resolution. Adopted Yeas - 4 Nays - 2 (Long/Scheibel) Councilmember Dimond moved the meeting'be'adjourbdd:"' Adopted,:: Yeas'- 6 Nays 0 ADJO,URNE -D AT'10:55 A.M. ATTEST: uunciT�i en -' ,.,,... .. .._ _... ..:. _.._ Copies sent to Councilmembers =,;Z Y yy !i 1 Minutes approved by Council/ O9 AAAA �T��AABO:Pmk` - 407 - N .. . MINUTES OF THE ST. PAUL BOARD OF HEALTH THURSDAY, JULY 13, 1989 9:00 A.M. The meeting was called to order by President Scheibel at 10:55 A.M. Present - 6 - Councilmembers Dimond, Goswi$i,'Long, Rettman, Scheibel, Sonnen Absent - 1 - Councilmember'Wilson;(bxcdsed) 1. Uodate on Community'Clinics. Judy Barr appeared and gave an updated status of community clinics. Councilmember Sonnen said since the merger with the County is not,haouening she would like the Board of Health to report on the community clinics pertaining to medical and hospital costs. Judy Barr said that report will be orosented at,"eir;meXt,meetipg,,; Filed (CC '#13161' 2. 1990-91 Health Planning ,and funding.cycle. , Judy Barr aooeared"and made reference to the Spending Plan on this item , , 3. Resolutions related to Public Health grant applications to the State of Minnesota. Judy - Barr,requested"the Community & Human Services Committee to review resolutions oreoared. Councilmember Sonnen said Kathy Stack should meet with the City, Attorney, and,;.; City Clerk pertaining to scheduling resolutions and other items on the Board of Health.agendas as they only: meet threetimes oer year., There'was further discussion and agreement the .Board of Health will meet again after the next'uocoming HRA meeting to consider the resolutions. Councilmember Long moved that the meeting be adjourned. ADJOURNED AT.11:15 A.M. ATTESTd-. resr3_ Copies sent to Councilmembers P? Minotes„aooroveQ,by Council x,_/5_8 - 408 - e tt MINUTES OF THE COUNCIL 1 9:00 A.M t JULY 18; 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA Sa)� The meeting was called to order by President Scheibel at 9:05 A.M. Present - 4 - Councilmembers Dimond, Long Rettman, Scheibel Absent - 3 Councilmembers Wilson (excused) Sonnen (excused), and Goswitz (arrived at a Point during the meeting) r APPLICATIONS COMMUNICATION 1. Notification from the Animal Control Supervisor that a research institution will be receiving animals from the Animal Control 'Center on,duly'10, 13 and 1C „ `vim, Filed (CC #13162) 2. Apoeal of Paul Bramson to a assessment for Property at 591 Selby ratified by 89- 1229 adopted July 11; 1989. Filed. (Attached to C.F. 89-1229) 3. Aooeal of Robert Spoerner to a Summary Abatement assessment. i Filed (CC #13163) CONNITTEE REPORTS i 4. Second Reading - 89-557 - An ordinance amending Section 16B of the Civil Service Rules by adding a new section protecting employees from retaliation when reporting violations of law, etc. (Rules & Policy Committee recommends item be withdrawn with approval of a substitute resolution) Councilmember Long withdrew the ordinance. Withdrawn. 5. Second Reading - 89-1002 - An ordinance granting permission to Burlington Northern Railroad Company to construct, ooerate and maintain an optical fiber communications cable in the Public right-of-way from the Burlington Northern tracks south.of the I-94 Sixth'Street.ramo to the Burlington Northern offices on Fifth Street between Sibley and Jackson' (Public Works Committee recommends approval) Laid over to July 20th for Third Beading. 6. Second Reading - 89-1132 - An ordinance' amending Ord. No. 17443 adopted March 17, 1987, by adding parking meter zones on Sixth Street on the south side from Robert to Jackson. (Public Works Committee recommends aooroval)' Laid over to July 20th for Third Reading. , ;;AL 7. Final Adoption - 89-760 - An ordinance enacting the Replacement Housing Policy and providing orocedures for its implementation. (Housing &Economic Development Commfittee recommends approval) Councilmember Dimond moved an amendment from 50 percent to 55 aercent as a comoromise. Adooted Yeas - 4 Nays - 0 II Laid over to July 25th for Final Adoption. 8. Resolution - 89-867 - Requesting the HRA and Port Authority to consider and adoot Replacement Housing policies similar to St. Paul's. (Housing & Economic Develooment Committee recommends approval - Laid over from July 11th) Laid over one week to July 25th. w - 409 - I July 18, 1989 9. Resolution - 89-1009 - Amending the'1986 CIB budget by adding $252,000 for Sheoard Road consulting design fees,, (Public,Works Committee recommends aooroval) Cooncilmembers Rettman and Dimond moved approval of the resolution. Upon question of Councilmember Long, Leon Pearson of Public Works aooeared and referred to the consultant and to design process. Roll call on the motion. Adopted Yeas - 4 Nays - 0 10. Resolution - 89=1046 `Directing the 'Pu61'1c'Works D recj& to negotiate `with oarties stated to the 1987 discharge incidents to fully recoyer appropriate, shares of fines levied on the City by State or Federal regulatory agencies'and that all monies recovered for the 1987 discharge incidents be deposited in the Sewer Service Fund with aupro.oriate budget amendments to be made in 1989 to recover revenue to pay for fines levied agai,nst..the City. :,(Public Works Committee recommends approval) After discussion there was agreement to lay this item over one week to July 25th. Laid over to July 25th. 11. Resolution - 89-1137 —Authorizing the Director of Public Works to issue to Macal'ester, College or to a licensed and bonded contractor a permit to reconstruct sidewalk adjacent to the College subject to terms and conditions: (Public Works Committee recommends approval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 12. Resolution 89-235 - Authorizing aooroval of Ramsey County plans to reconstruct Laroenteur between 1-35E, and Edgerton, bridge construction over Soo Line Railroad and right-of-way acquisition. (Public Works Committee recommends aooroval ) Upon question of Councilmember Rettman, Chris'Nicosia of the Public Works Department aooeared and said at the direction of Council sidewalks have been deleted from this project, Councilmember Rettman moved aooroval of the resolution. Roll call: Adopted Yeas - 4 Nays - 0 NEW BUSINESS - RESOLUTIONS 13. Resolution -'89-1253 - Amending Section 168 of the Civil Service Rules pertaining to Cause for Discharge Reduction or'Suspension,and protecting'. emoloyees from retaliation when re oorting violations of law, etc.. (Rules' & Policy Committee recommends item be referred back to same) Referred to the Rules & Policy Committee. 14. Resolution - 89-1254 - Authorizing orooer City officials to sign purchase REFreement ERRAL TO r the ac WORKS quisition of Soo ine Railroad Warner Road property: (FOR Referred to the Public Works Committee. 15. Resolution - 89-1255 - Uodating tax increment financing policies to be adhered to by the City in the administration of its existing tax increment districts and i d' t cts (FOR REFERRAL TO THE in the consideration of any or000sed new is r FINANCE COMMITTEE) Councilmember Rettman referred to new housing and blighted lands development tax increment financing and requested all District Council's to be notified of that financing. Referred to the Finance Committee. - 410 5 A - �4 July 18, 1989 9. Resolution - 89-1009 - Amending the'1986 CIB budget by adding $252,000 for Sheoard Road consulting design fees,, (Public,Works Committee recommends aooroval) Cooncilmembers Rettman and Dimond moved approval of the resolution. Upon question of Councilmember Long, Leon Pearson of Public Works aooeared and referred to the consultant and to design process. Roll call on the motion. Adopted Yeas - 4 Nays - 0 10. Resolution - 89=1046 `Directing the 'Pu61'1c'Works D recj& to negotiate `with oarties stated to the 1987 discharge incidents to fully recoyer appropriate, shares of fines levied on the City by State or Federal regulatory agencies'and that all monies recovered for the 1987 discharge incidents be deposited in the Sewer Service Fund with aupro.oriate budget amendments to be made in 1989 to recover revenue to pay for fines levied agai,nst..the City. :,(Public Works Committee recommends approval) After discussion there was agreement to lay this item over one week to July 25th. Laid over to July 25th. 11. Resolution - 89-1137 —Authorizing the Director of Public Works to issue to Macal'ester, College or to a licensed and bonded contractor a permit to reconstruct sidewalk adjacent to the College subject to terms and conditions: (Public Works Committee recommends approval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 12. Resolution 89-235 - Authorizing aooroval of Ramsey County plans to reconstruct Laroenteur between 1-35E, and Edgerton, bridge construction over Soo Line Railroad and right-of-way acquisition. (Public Works Committee recommends aooroval ) Upon question of Councilmember Rettman, Chris'Nicosia of the Public Works Department aooeared and said at the direction of Council sidewalks have been deleted from this project, Councilmember Rettman moved aooroval of the resolution. Roll call: Adopted Yeas - 4 Nays - 0 NEW BUSINESS - RESOLUTIONS 13. Resolution -'89-1253 - Amending Section 168 of the Civil Service Rules pertaining to Cause for Discharge Reduction or'Suspension,and protecting'. emoloyees from retaliation when re oorting violations of law, etc.. (Rules' & Policy Committee recommends item be referred back to same) Referred to the Rules & Policy Committee. 14. Resolution - 89-1254 - Authorizing orooer City officials to sign purchase REFreement ERRAL TO r the ac WORKS quisition of Soo ine Railroad Warner Road property: (FOR Referred to the Public Works Committee. 15. Resolution - 89-1255 - Uodating tax increment financing policies to be adhered to by the City in the administration of its existing tax increment districts and i d' t cts (FOR REFERRAL TO THE in the consideration of any or000sed new is r FINANCE COMMITTEE) Councilmember Rettman referred to new housing and blighted lands development tax increment financing and requested all District Council's to be notified of that financing. Referred to the Finance Committee. - 410 - 411 - July 18, 1989 16. Resolution - 89-1256 - Supporting grant aoolication of the Health Division and q subsequent contract with the State Department of Health for SopFamily Planninggrants and authorizing proper City officials to contract with the . , State. (FOR ACTION) After some discussion this and the following three related resolution were laid over to Thursday July 27th. Laid over to July 27th. 3 { 17. Resolution - 89-1257 - Supporting grant aoolication of the Health Division and subsequent; contract with the State Department of Health for Maternal and.Child Health Block grants and authorizing proper City officials to contract with the State,,..(FOR ACTION) Laid over to'July 27th. 18. Resolution;- 89-1258 - Supporting grant aoolicat on'of the Health Division and ;i subsequent' contract with the State Department of Health for Community. Health t Services subsidy and authorizing proper City officials to contract with the State. "(FOR y(, j ACTION) Laid over to July 27th. 1 19. Resolution - 89-1259 - Supportinggrant aoolication of the Health Division and subsequent contract with the State Department of'Health for American Indian Health,Services in Ramseyy Cpunty and authorizing proper City officials to contract with the State. `FOR'ACTION) Laid over to July 27th. 20. I Resolution - 89-1260 - Upholding a decision of the Planning Commission and denying the aooeal of Edward Wittenberg to continue a three-plex occupancy of a residential structure located at 655 Plum Street. (FOR ACTION - Hearing held June -22nd) t Councilmember Rettman moved aooroval of the resolution. Adopted . Yeas.- 4 Nays - 0 21. Resolution = 89-1261 -'Authorising the Human' Rights Department to retain the services of Thomas Gmeinder, Attorney; relative to the complaint of Mark Robertson, Acting Director of Human Rights, ex rel. Joe Big Bear vs Amateur Tour. (FOR ACTION) Councilmember Rettman moved aproval of the resolution. Adopted Yeas - 4 Nays - 0 22. Resolution - 89-1262. - Approving assessment for the Starkey/Plato Area Storm ,> Sewer project,, and setting date of.oublic hearing for September 5, 1989. Councilmembers.Long and, Dimond moved aoroval:of the resolution... Adopted ' Yeas - 4 Nays - 0 23. Resolution - 89-1263 - Approving assessment for sanitary sewer service connection at 1402 Furness Parkway in conjunction with the Maryland/Flandrau/Furness/Ivy Area project, and setting date of public hearing for Auggust 22nd. Councilmembers Long and Dimond moved aoroval of the resolution. Adopted Yeas - 4 Nays - 0 24. Resolution - 89-1264 - Aoproving assessment for water service connections in — -- conjunction with the Arlington/Arkwright, Edgerton/Bush, Flandrau/Idaho, Jackson/Magnolia anis Jackson/Sycamore Area Sewer Separation orojects, and setting date of hearing for August 22nd. Councilmembers Long and Dimond moved aoroval of the resolution. Adopted Yeas - 4 Nays - 0 - 411 - July 18, 1989 PUBLIC HEARINGS 7 :1 ' 25. Third Reading - 89-12 - An ordinance. amending the Legislative Code by adding a, new chapter licensing personal' drooerty locker 'facilities. (Community &Human Services Committee submits to Council without recommendation) „ No, one aooeared. Referred'to.the Community & Human Services Committee. 26. Third Reading - 89-1081 - An ordinance amending Chapter 331 of the Legislative, Code pertaining to food licensing by authorizing the process of the summary closing of licensed food establishments, enacting, the "standards upon which closings should take place and establishing 'a hearing and aooeal process subsequent to a summary closing. (Community & Human Services Committee submits to Council without recommendation) Councilmember Rettman suggested the public hearing on this item be laid over for four weeks for City staff to meet with representatives of both the liquor and restaurant establishments. No one aooeared. Councilmember Long said he received one letter from the Liquor Dealers Association in 0000sition to this ordinance and he said he feels it would be best to hear discussion in Committee in.order to work out details on it. Councilmember Dimond said the issue of concern is shutting down an establishment as determined by only an inspector and that the review of the shut downs should be at the highest possible level. Councilmember Rettman referred to amendments being drafted pertaining to the Director of Environmental Health to also be on-site. After considerable discussion this item was laid over to August 15th with the public hearing to be continued. Laid over to August 15th. Councilmember Goswitz arrived at this,00int in ;the, meeting. 27. Hearing to consider the aooeal of Nick Bredemus to a Summary Abatement Order for property located at 1285 Sylvan. (Laid,over from July,llth) No one aooeared. John Betz aooeared and presented his staff reoort. Councilmember Rettman said Mr. Bredemus is in the process of obtaining tabs for the license plate as well as batteries and she noted-this.,js, commercial property located in a residential area. Councilmember Rettman moved denial of the appeal with the abatement to be corrected within one week after publication in the Legal. Ledger. Adopted Yeas - 5 Nays - 0 28. Hearing to consider theaooeal of Audrey Petschen to a Summary Abatement Order for property located at 1274 Sherburne. John Betz aooeared and oresented his staff report and said his office had received numerous complaints from the neighbors on this orooerty. Ms. Petschen aooeared and said there was a fire on this oroperty and she is waiting for another estimate which should be in within three weeks. Mr. Betz stateditis his understanding the abatement was not due to a fire but to an accumulation of debris and he said small children are in the area. Councilmember Rettman moved denial of the aooeal with the orooerty to be cleaned uo on or before August 7th and if it is not cleaned uo the City will proceed with the abatement. Councilmember Dimond reiterated to Ms. Petschen that if this orooerty is not cleaned UD within the next three weeks the City will come out and'do the work and Ms. Petschen stated she understood that and thanked the Council. Roll call on the motion to deny the aooeal. Adopted Yeas - 5 Nays - 0 - 412 - a _ x July 18, 1989 PUBLIC HEARINGS 7 :1 ' 25. Third Reading - 89-12 - An ordinance. amending the Legislative Code by adding a, new chapter licensing personal' drooerty locker 'facilities. (Community &Human Services Committee submits to Council without recommendation) „ No, one aooeared. Referred'to.the Community & Human Services Committee. 26. Third Reading - 89-1081 - An ordinance amending Chapter 331 of the Legislative, Code pertaining to food licensing by authorizing the process of the summary closing of licensed food establishments, enacting, the "standards upon which closings should take place and establishing 'a hearing and aooeal process subsequent to a summary closing. (Community & Human Services Committee submits to Council without recommendation) Councilmember Rettman suggested the public hearing on this item be laid over for four weeks for City staff to meet with representatives of both the liquor and restaurant establishments. No one aooeared. Councilmember Long said he received one letter from the Liquor Dealers Association in 0000sition to this ordinance and he said he feels it would be best to hear discussion in Committee in.order to work out details on it. Councilmember Dimond said the issue of concern is shutting down an establishment as determined by only an inspector and that the review of the shut downs should be at the highest possible level. Councilmember Rettman referred to amendments being drafted pertaining to the Director of Environmental Health to also be on-site. After considerable discussion this item was laid over to August 15th with the public hearing to be continued. Laid over to August 15th. Councilmember Goswitz arrived at this,00int in ;the, meeting. 27. Hearing to consider the aooeal of Nick Bredemus to a Summary Abatement Order for property located at 1285 Sylvan. (Laid,over from July,llth) No one aooeared. John Betz aooeared and presented his staff reoort. Councilmember Rettman said Mr. Bredemus is in the process of obtaining tabs for the license plate as well as batteries and she noted-this.,js, commercial property located in a residential area. Councilmember Rettman moved denial of the appeal with the abatement to be corrected within one week after publication in the Legal. Ledger. Adopted Yeas - 5 Nays - 0 28. Hearing to consider theaooeal of Audrey Petschen to a Summary Abatement Order for property located at 1274 Sherburne. John Betz aooeared and oresented his staff report and said his office had received numerous complaints from the neighbors on this orooerty. Ms. Petschen aooeared and said there was a fire on this oroperty and she is waiting for another estimate which should be in within three weeks. Mr. Betz stateditis his understanding the abatement was not due to a fire but to an accumulation of debris and he said small children are in the area. Councilmember Rettman moved denial of the aooeal with the orooerty to be cleaned uo on or before August 7th and if it is not cleaned uo the City will proceed with the abatement. Councilmember Dimond reiterated to Ms. Petschen that if this orooerty is not cleaned UD within the next three weeks the City will come out and'do the work and Ms. Petschen stated she understood that and thanked the Council. Roll call on the motion to deny the aooeal. Adopted Yeas - 5 Nays - 0 - 412 - July 18, 1989 29. Final Order - 89-1265 - Sidewalk construction and/or reconstruction for the north side of E. Seventh Street from the railroad bridge to North Street. (Laid over from July 11th) It was noted that one order was drafted for this and the following related order. No one appeared in 0000sition. Councilmember Goswiti stated no further funding was obtained and Peter White aooeared and said with this large of a payment it will be over a 20 year oeriod. There was some discussion and Councilmember Dimond moved the deletion of property at 2311 Nokomis with the addition of a 12 foot strip on E. Seventh. Roll call on the motion. Adopted Yeas - 5 Nays - 0 30. Final Order- 89-1265 - Sidewalk construction and/or reconstruction for the west side of Nokomis from E. Magnolia to E. Geranium. (Laid over, from July 11th) (See discussion above) Adopted Yeas - 5 Nays - 0 31. Final Order - 89-1267 - Constructing water main and service connections in Marion from Nebraska to 290 ft. south. No one,appeared in 0000sition: Councilmember Dimond'moved'aooroval of the order. Adooted'' Yeas - 5Nays - 0 32. Final Order - 89-1268 - Acquiring permanent easement to construct operate and maintain street li hting on the north side of Kellogg Boulevard. tPublic Works Committee recommends approval)' No one appeared in0000sition: Councilmember Dimond moved approval of the order. Adooted Yeas - 5 Nays - 0 33. Resolution - 89-1269 - Ratifying assessment and taking'a 'permanent easement on land described as the southeasterly 'part of. Seventh Street on Lot 1, Blk. 12, Brunson's Addn. for the ouroose of improving and maintaining Seventh Street Bridge. (Public Works Committee recommends'aooroval) It was noted that written 0000sition to the Court has been filed by Naegele Sign Comoany. No one appeared in 0000sition: - Councilmember-Rettmah moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 34. Resolution - 89-1270 - Ratifying assessment for Summary Abatement Property Clean UD for 2279 Summit Avenue (Public Works Committee recommends assessment' be deleted and not aooroved) No-one appeared in 0000sitioni Councilmember Dimond'moved aooroval of the resolution. Yeas 0" Nays - 5 Motion failed of adoption. 35. Resolution - 89-9.21 - Approving application for the renewal of Gas Station and General Reoair Garage License issued to Robert Dunn dba Dunn's Service Station located at 1328 S. Point Douglas Road. (Laid over from June 20th) No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 5 Nays - 0 r • v E July 18, 1989 36. Resolution - 89-1100 - Approving application for Additional Gas Pumps applied for by Big Stoo, Inc, dba Big Stop'located at 1055 E. 4th Street. (Laid over from June 15th) No one aooeared in 0000sition. Councilmembers Rettman and Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 37. Resolution - 89-1271 - Suspending On Sale Liquor, Sunday Liquor, Restaurant and Entertainment Licenses held by Leo Gadbois dba Sweeney's Saloon located at 96 N. Dale. (NOT CONTESTED) Tom Weyandt of the City Attorney's Office 'appeared and said this is a non - contested case and he explained the circumstances of this establishment. Leo Gadbois aooeared and also explained the circumstances. He said this is his first violation 9-1/2 years in the business and he referred to his new policy for employees to prevent this violation in the future and he apologized for the actions of 'his emuloyee's. " Councilmember Scheibel said he feels a downward department is;aoorooriate in this instance and he explained'wny. Upon question of Councilmember Long, Ed Starr referred to amendments made by the Council relative to the matrix system pertaining to three day suspensions for after hour sale and two days for after hour display. Councilmember Rettman said this clearly is a violation of after hour display and she said she is open to either a two or a one day suspension. Councilmember Long moved a one day suspension. Councilmember Dimond said it is very important that Mr.;Gadbois has;a new, stricter policy and he commended him for his activeway-in whidh he is correcting his problems. After some discussion roll call was called for one day suspension for Monday, July 31st. Adopted Yeas - 5 Nays - 0 38. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by G M & H, Inc. dba Grand Central located at 788 Grand Avenue. Tom Weyandt appeared and explained that the Administrative Law Judge recommended a'dismissal and that he has no objection to a dismissal under the circumstances and because of this he"told the attorney representing Grand Central there was no need for him to be oresent today. Councilmember Rettman`moved acceptance of the Administrative Law Judge report with no further action to be taken at this point. Adopted Yeas - 5 Nays - 0 (CC #13164) Councilmember Long moved that the meeting be adjourned. Adooted Yeas - 5 Nays - 0 ADJOURNED AT 10:10 A.M. ATTEST: Council uncil Press e�— Copies sent to Councilmembers P-41. F F yy/I Lf Minutes approved by Council F-049 �ABO•omk� - 414 - `< r s > ' MINUTES OF THE COUNCIL 9:00 A.M JULY 20, 1989 COUNCIL CHAMBERS - CITY' HALL $ COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President'Scheibel at 9:00 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel'; Sonnen" Absent - 1 - Councilmember Wilson (excused) ORDINANCES 1. Final Adoption - 89-742 - An" ordinanceamending'Chaoters 60 and 64.360` of the t Legislative Code pertaining to'the Zoning' Code'Soecial Condition Uses. (Housing & ? Economic Development Committee recommends approval) ' t Councilmember Dimond moved `a0roval'of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17670 2. First Reading - 89-1275- An ordinance amending Section 34 of the Civil Service Rules by establishing the classification of Public Health Division Manager in the Unclassified Services. Laid over to July 27th for Second Reading APPLICATIONS CONNINICATION 3. Petition of the City to vacate two parcels located at 1689 Bush and 1985 Bush. Filed. i COMMITTEE REPORTS 4. Resolution - 89-1003 - Amending Section 11 of the Civil Service Rules pertaining to orovisional'emol oyment`.(Finance Committee recommends aooroval'of Substitute resolution Second Reading & Adoption) Coudci9fiember Long moved approval "of'the substitute resolution'as'recommended by Committee and he exolained this resolution was drafted by_the Personnel Division at the request of Council fora policy. . John Shockley of the Personnel Division appeared and explained the substitute, resolution! .. .. .. _ .,. .... Councilmember Sonnen requested documentation, clarifying special cases andsaid she would prefer having more rules. - Councilmember Long referred to the last paragraph of the resolution which Dertains to orogram abuse and he said he believes it is a good resolution. Roll call on the amended substitute resolution. Adopted Yeas - 6 Nays - 0 Councilmember Dimond referred to a resolution adopted Tuesday, July 18th pertaining licenses held by' IgStop, Inc. and he explained the establishment has changed their plans and therefore aoolication is no longer necessary and he moved reconsideration of the resolution to deny it. After some discussion Jane McPeak said this item can be brought up for reconsideration today but denying it would be adverse action and she recommended _ ... other options. Roll call on reconsideration. Adopted Yeas - 6 Nays - 0 5 Resolution - 89-1100 - Approving aoolication for Additional Gas Pumos applied for by Big Stop, Inc, dba Big Stoo located at 1055 E. 4th Street. i Councilmember Dimond withdrew the resolution. Withdrawn. -415- n July 20, 1989 5. Resolution - 89-1276 - Establishing the rate of pay for Public Health Division Manager in Grade 32 of the Professional Emoloyees Suoervisory Standard Ranges. (Finance Committee submits to Council without recommendation - Substitute resolution Proposed - Second Reading & Adoption) Cpuncilmember Long moved approval of .the substitute resolution as recommended by Committee. Roll call. Adooted Yeas.- 5 Nays - I (Rettman) Laid over to August 1st for Second Reading & Adoption. 6. Resolution - 89-354 - Amending the 1989 budget by adding $51,661 to the Financing & Spending, Plans for Police Vice Unit ..to conduct investigations of liquor and Class III license applicants. (Finance Committee.recommends item be withdrawn) Withdrawn. Councilmember Long withdrew the resolution 7. Resolution - 89-830 - Amending the 1989 budget by transferring $38,574 to Community Services Parks & Recreation Administration and Finance & Management Services for renovation of third. floor of City. Hall Annex. (Finance Committee recommends denial) 11 , Councilmember Long withdrew the resolution. Withdrawn. 8. Resolution - 89-820 -Amending the 1989 budget by adding $99,755 to the Financing & Spending Plans for City Attorney's Office automation Project. (Finance Committee recommends denial Withdrawn. Long withdrew the resolution. Withdrawn. 9. Resolution - 89-1023 - Amending the 1989 budget by adding $137,150 to. the Financing & Spending Plans for City Attorney General Government Accounts. (Finance Committee recommends aooroval) Council member Long moved approval of the resolution. Adopted Yeas - 6 Nays 0 10. Resolution - 89-908 - Allocating $50,000 to the Police Deoartment for continuation and expansion of the Beat Patrol Program for 1989 and transferring $25,000 to a Contingent Reserve Fund to cover possible additional overtime costs related to the program and drug law enforcement efforts. (Finance Committee recommends denial) After some discussion there was agreement this item will be laid over for two weeks to August 3rd. Laid over to August 3rd. 11. Resolution - 89-974 - Amending the 1987 and 1989 CIB Budgets by adding $250,000. to Contingent Reserve for rainleader disconnection. (Finance Committee recommends aooroval of substitute resolution) Councilmember Long moved aooroval of the substitute resolution as recommended by Committee. Council member Rettman stated in Committee she,sooke .in opposition .to the substitute resolution and she exolained why. Councilmember Scheibel said he agrees with some comments of Councilmember Rettman and said he feels we should go through the CIB process and go with the CIB recommendation. Councilmember Sonnen said she feels this is aoorooriate use of CIB monies and she supports the original resolution and not the _substitute recommended by Committee. (Discussion continued on following page) -416- c t July 20, 1989 (Discussion continued from Drevious oage) Councilmember Goswitz spoke in su000rt of using 1987 CIB funding. cu After considerable disssion roll call was called on the motion for approval of the substitute resolution. Yeas - 2 (Dimond/Long) Nays - 4 (Goswitz/Rettnan/Sonnen/Scheibel) Motion failed of adoption. Councilmember Sonnen moved approval of the original resolution. Roll call. Adopted Yeas - 5 Nays - 1 (Long) 12. Resolution - 89-1028 - Establishing 1990 Property Tax Freeze. at 1989 Level and Goal of removing St. Paul from the high five metro property taking jurisdiction by 1993. (Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Councilmember Sonnen said this is an imoortant issue but the County and School Board are also involved. Councilmember Dimond sooke in su000rt of the resolution saying we need to have control of spending in the City. Councilmember Rettman said this resolution is a.guideline but we, still need to act responsibly and she said adoption of this resolution does i not ;commit the Council'for future changes. Councilmember Goswitz spoke in support of the resolution. Councilmember Scheibel'said it is also important to give the message to staff that this issue is a oriority and he said this is in the direction to reach our oral s. Roll call. Adopted Yeas - 6 Nays - 0 13. Resolution - 89-1136 - Authorizing the Police Department to charge three oercent to all individuals who payfor goods or services from the Impound Lot using checks or credit cards. (Finance Committee recommends.aooroval'with amendment to ten percent) Councilmember Rettman requested an amendment to the resolution changing the charge to 3 oercent with 10 oercent to be charged on all returned checks. Councilmember Long spoke in agreement to the amendment and he moved aooroval of the resolution as amended. Adopted Yeas- 5 Nays - 1 (Goswitz) 14. Resolution - 89-1182 - Approving Chaoter 319, Article 11, Section 2, Laws of Minnesota for 1988 amending Laws 1955, Chapter 151, Section 13, as amended relating to the St. Paul Police Relief Association. (Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 NEW BUSINESS - RESOLUTIONS 15. Resolution - 89-1277 - Indicating to the St. Paul Police Relief Association consideration of approving and ratifying amendments to the Association ,B laws and upgrading surviving spouse benefits to -27-1/2 units per month with the Association to submit to Council its proposed Bylaw's amendments with acturial valuations or estimates as required by Minnesota Statutes. (Finance Committee recommends aooroval) Councilmember Long said we all are in favor of parity but he said the question is whether to phase units in or go with the full 27-1/2 units all at the same time and he moved aooroval of a substitute resolution going on record supporting 22-1/2 this year with an increase by 1990-91. (Discussion continued on following page) 417 ar,* I July 20, 1989 (Discussion continued from previous page) Councilmember Dimond said he respects;points made by Councilmember Long but he referred to other possible options and he spoke in support of moving ahead with this resolution changing the benefits and then Presenting the issue to the Legislature. Councilmember Rettman sooke in su000rt of comments made by Councilmember Dimond and, she said this is A closed fund and she said this is our chance to correct an inequity. Councilmember Goswitz spoke in su000rt of, the resolution. Councilmember Sonnen referred to and read'a letter in support'of the resolution by Elizabeth Plummer who is a 21 year widow. Gary Norstrem appeared and explained the amortization schedule and a normal cost oayment and he said. the Mayor strongly urges the Council to adopt, the legislative process. After considerable discussion roll call was called on the motion for aooroval of the amended substitute resolution. Yeas - 2 (Long/Scheibel) Motion failed of adoption. Nays - 4 (Dimond/Goswitz/Rettman/Sonnen) Councilmember Dimond moved aooroval of the original resolution. Dan Vannelli of the St. Paul 'Relief Association appeared and referred to their fund earnings and benefits. Councilmember Dimond called the question. Roll call. Adopted Yeas - 4 Nays - 2 (Long/Scheibel) 16. Resolution - 89-1278,- Amending the 1989 budget by adding $20 300 to the Financing & Spending Plans ,for, paper recycling project. (FOR ACTION Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Sonnen left the meeting at this Point and returned later. 17. Resolution - 89-1279 - Amending the 1989 budget by adding $15,696 to the Financing & Spending Plans for removal of hazardous waste dumped in Lilydale. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 18. Resolution - 89-1280 —Amending the 1989 budget by adding $68,625 to the Financing & Spending Plans for Personnel Office salary market study. (FOR ACTION) Referred to the Finance Committee. 19. Resolution - 89-1281 - Increasing fees at the St. Paul Police Impound Lot. (FOR ACTION) Roll call. Adopted Yeas - 5 Nays - 0 20. Resolution - 89-1282 - Authorizing proper City officials to remove street maintenance and storm sewer system charge from the tax rolls for years 1985, 1986 and 1987 for property on Dale between Marshall & Dayton. (FOR ACTION) Councilmembers Rettman and Goswitz moved aooroval of the resolution. Adooted Yeas - 5 Nays - 0 21. Resolution - 89-1283 - Accenting steel basketball backboard and basketballs from K102/WDGY Radio for Desnoyer Park. (FOR ACTION) Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 - 418 - A - 419 - 4 , t' i , July 20, 1989 22. Resolution - 89-1284 - Approving application for funding from Parkway Little League in the amount of $1,000 and authorizing orooer City officials to execute r 4 agreements necessary to disburse funds. (FOR ACTION) Councilmember Long moved approval of the resolution. 3 Adopted Yeas - 5 Nays - 0 23. Resolution - 89-1285 - Appointing Thomas Hughes as special prosecutor for case against Police Officer'Robert Kunz, Jr., with fee for services at $95.00 Der hour. (FOR ACTION) Councilmembers Rettman and Long moved approval of the resolution. Adopted Yeas w-5 Nays - 0 k} 24. Resolution— 89-1286 -'Releasing retained utility easement in vacated Fairfield Street bounded by Wabasha, Plato, Fillmore and Robert as vacated by C.F. 255581 j September 2, 1971. (FOR ACTION) Councilmember Goswitz the moved aooroval of resolution. - Adopted Yeas - 5 Nays 0 25. Resolution - 89-1287 - Approving assessment for the Flandrau/Case Area Street Paving & Lighting project, and setting date of public hearing for September 3 ti 14th. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Sonnen returned to the meeting at this point. Councilmember Long moved that the rules be susoended to consider an item not on tt*. the agenda pertaining to an advisory committee on packaging and he said he will s 4 then request a one week lay over for discussion purposes. Councilmember Rettman said she is concerned over the,ouen a000intment process as well as not seeing any representatives of citizen groups listed and she said she - is very hesitant to have this brought uo under suspension even with a one week layover. Councilmember Longg explained we are trying to coordinate this with the City of Minneapolis in order not to duplicate efforts and that no one has been appointed yet and'that'it is an poen process. Roll call on suspension. Adopted Yeas_ 4 Nays - 2 (Sonnen/Rettman) - Resolution - 89-1323 - Establishing an Advisory Committee on Environmentally Acceptable Packaging.' Laid over to Tuesday, July 25th. PUBLIC HEARINGS 26. Third Reading - 89-1002 - An ordinance granting permission to Burlington Northern Railroad Company to construct, ooerate and maintain an optical fiber communications cable in the public right-of-way from the Burlington Northern tracks south of the I-94 Sixth Street ramp to the Burlington Northern offices on q Fifth between Sibley and Jackson. (Public Works Committee recommends aooroval) No one appeared in 0000sition. Laid over -to July 27th for Final Adoption. 27. Third Reading - 89-1132 - An ordinance amending Ord. No. 17443 adopted March 17, from G = ; 1987 by adding parking meter zones on the south side of Sixth Robert to Jackson.' (Public Works Committee recommends aooroval) No one appeared in 0000sition. Laid over to July. 27th for Final Adoption. - 419 - July 20, 1989 28. Hearing to consider the oetition of Robert Humm to rezone orooerty located at (E 611 S. Cleveland on the west side between Bayard and Hartford from RM -2 to B-1 for the ouroose of converting an existing single family home into a beauty shoo. No one appeared and it was noted the petitioner was not oresent. Councilmember Long moved denial of the oetition based on the recommendation of staff and the District Council. t{ Adopted Yeas - 6 Nays - 0 (CC #13168 ) The petition was denied.ITT 29. Hearing to consider the request by the Port Authority for Final Plat APoroval of Riverview Industrial Park Nos. 4 and 6. (Duplicate entry to Item #31) No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the request for Final Plat. Adopted Yeas - 6 Nays - 0 30. Hearing to consider the request by the Port Authority for Final Plat Aooroval for subdivision of Westgate Industrial Park bounded by University, Territorial t ®rk Road, Berry and Eustis. No one aooeared in 0000sition. Councilmember Dimond moved approval of the request for Final Plat. Adopted Yeas - 6 Rays - 0 31. Hearing to consider the request by the Port Authority amending plats for orooerty located on the west side of Lafayette south of Plato Boulevard. No°one appeared in 0000sitiorc. Councilmember Dimond moved aooroval of the Plat request. Adopted Yeas - 6 Nays - 0' C, 32. Hearing to consider the aooeal of Bernard Wiltzing to a decision by the BZA which denied his request for a one foot side yard setback variance and lot coverage variance to construct a car -Port addition to property located at 2214 St. Anthony. j Bernard Wiltzing aooeared and said he is requesting this variance as his daughter is handicaooed and 'he'has heart and back problems and having the car- port would allow him not to have to shovel and it would allow his daughter not to have to walk on so much snow and ice during the winter months. Mary Bunnell of PED appeared and presented his staff report recommending denial of the variance. Councilmember Dimond referred to a number of alternatives instead of a car -port and he said the proposed structure is massive and he moved denial of'the variance based on the unanimous decision by staff and the BZA to deny. _ Councilmember Sonnen spoke in support of the motion. Roll call. _ .. ' Adopted Yeas - 6 Nays - 0 - Mary Bunnell stated he will work with Mr. Wiltzing on other available options. The variance was denied. 33. Resolution - 89-12BB - Ratifying assessment for sidewalk construction for parts of Cohansey, E. Jessamine, Kent, Mackubin, Schletti and N. Western. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 — 34. Resolution - 89-1209 - Ratifying assessment for sidewalk reconstruction on both sides of Hawthorne from Luella to Ruth. (Laid over from July 6th) Tom Keefe of Public Works aooeared and said he met with orooerty owners on Hawthorne and that differences have been resolved. No one aooeared in 0000sition. Council members Dimond and Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 - 420 - + * 1 N, is W � J fk I July 20, 1989, s 35. Final Order - 89-1289 - New sidewalk construction for the north side of E. Kellogg Blvd: from Broadway to h approx. 233 ft. east. (Public Works Committee recommends approval) No one aooeared in Opposition. Adootedmember Sonnen moved aooroval of the order. Yeas - 6 Nays - 0 r� 36. Final Order - 89-1290 - Sidewalk reconstruction for both sides of Desnoyer from Eustis to Curfew. (Laid in " over Public Works Committee) No one appeared in opposition. Councilmember Dimond moved aooroval of the order. Adopted Yeas - 6 Mays 0 $ 37. Final Order - 89-1291 -'Sidewalk construction and/or .reconstruction for Darts of Bordner Place, S. Finn, Lincoln, Montreal, Palace, Rome, St. Paul, Sargent and Stanford. (Laid over in Public Works Committee) Tom'Keefe aooeared and said in Committee Councilmember Long requested a two week layover for Palace, St. Paul and Stanford. No one aooeared. s Councilmember Sonnen moved aooroval of the Order with the deletion of Palace, St. Paul and Stanford to be laid over for Roll call. two weeks. gr Adopted Yeas - 6 Nays - 0 38. Resolution "- 89-1292 - Approving application for the renewal of various Class III Licenses as listed. No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted a - Yeas - 6 Nays - 0 39. Resolution - 89-1293 - Approving application for the renewal of various Class III Licenses as listed. No one appeared in opposition. Councilmember Rettmao moved aooroval of the resolution. Adopted' Yeas - 6 Nays - 0 40. Resolution - 89-1294 = Aooroval aoolication for the renewal of various On Sale Wine and Supporting Class IIIli censes as listed. No one,aopeared,in.opposition. — Councilmember Rettman'moved aooroval of the resolution. Adooted Yeas"- 6 Nays - 0 i 41. Resolution - 89-1295 - Approving with stipulation aoolication for General Repair Garage License applied for by Peter Steichen dba All' State Transmission located at 293 Front. No one "appeared.' a At there ''quest of Councilmember Rettman this resolution was laid over six weeks to August 31st for District Council review. Laid over to August 31st. z _ 42. Resolution - 89-1296 - Approving application for General Reoair Garage License applied for by Peter Witt dba Phalen Park Auto located at 1335 Prosoerity. No one appeared in opposition. 'kr Councilmember Goswitz moved aooroval of the resolution. y Adopted Yeas - 6 Nays - 0 July 20, 1989 43. Resolution - 89-1297 - Apuroving application for the renewal of State Class B Gambling License applied for by Anderson Nelson VFW Post 1635 located at 648 E. Lawson. No one aooeared. Christine Rozack of the License Division appeared and said their recommendation is for approval. Roll cal,. Adopted Yeas 6 Nays - 0 44. Resolution — 89-1298 Aporovin�q the renewal of Off Sale Liquor License held by General Lee's Inc. dba Stransky s Liquor Store located at 1545 W. 7th. No one aooeared in 0000sition. I Councilmember Long moved aporoval of the resolution.'. Adopted Yeas - 6 Nays - 0 45. Resolution - 89-1299 - Aooroving the renewal of various On Sale Liquor and $UDoort Class III Licenses as listed. Noone appearedAn opposition. Coupcilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 6 Nays --0 Councilmember Dimond moved that the meeting be adjourned.'. Adopted Yeas - 6 Nays - 0 A D J 0 U R N E 0 A3 111:10 A.M. punct rest en ATTEST: Copies sent to Councilmember5 Minutes approved by Council t yy er-1— �. ABO:pmk i X r ' an j i lM;r MINUTES OF THE COUNCIL 9:00 A.M JULY 25, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 4 - Councilmembers Dimond, Long, Rettman, Scheibel Absent 3 - Councilmembers Goswitz.and Sonnen (arrived at Points during the meeting) and Councilmember Wilson (excused) Councilmember Scheibel noted.;that Councilmembers Goswitz and Sonnen are attending the Civic Center Authority meeting and will arrive shortly. ORDINANCES, 2. First Reading - 89-1266 - An ordinance amending Chapter.370 of the Legislative. Code pertaining to a000intment of members to the Board of, Ex a miners for Certificate of Competency holders. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. APPLICATIONS - COWNICATION: 3. Notification from the Animal Control Supervisor that a research institution will be receiving animals from the Animal Control Center on July 21st. Filed. (CC #13165) 4. Petition by The Salvation Army to vacate the alley in Lots 1-5 of C.L. Lain's Rearrangement of Samuel Leech's, Addition to St. Paul for a parking lot. Filed. NEW BUSINESS -RESOLUTIONS 7. Resolution - 89-1300 - Amending the 1989 budget by adding $10,800 to the Financing & Spending Plans for the Alarm Permit Program. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. B. Resolution - 89-1301 - Amending the 1989 budget by adding $42,445 to the Financing & Spending Plans for the Rental Dwelling Registration Program. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 9. Resolution - 89-1302 - Amending the 1979 and 1989 CIB budgets by adding $71,307 for Crawford-Livi+.gston Theatre improvements located in the Arts and Science Center. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 4 Nays - 0 10. Resolution - 89-1303 - Amending the 1987 CIB budget by adding $6,600 to the McKnight Road between — project Valley View Place and Mailand. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 - 423 - C,: " � Xw , r July 25, 1989 11. r Dislocation and Worker Adjustment Assistance program, authorizing orooer City officials to execute appropriate contracts for delivery related of emolynt services, and amending the 1988 budget by addin heinancing &$111,320 to t 1 . t r ;:. ....., C,: " � Xw , r July 25, 1989 11. Resolution - 89-1304 - Approving the City's participation in the Economic Dislocation and Worker Adjustment Assistance program, authorizing orooer City officials to execute appropriate contracts for delivery related of emolynt services, and amending the 1988 budget by addin heinancing &$111,320 to t £ �� L� *4 Spending Plans for the EDWAA program. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. r Adopted Yeas - 4 Nays - 0 ' h. 12. Resolution - 89-1305 - Amending the 1988 CIB budget by adding $40,000 for the Western Avenue Bridge project. (FOR ACTION) k Councilmember Rettman moved aooroval of the resolution. fi3. x" Adopted Yeas - 4 Nays - 0 t 13. Resolution - 89-1306 - Amending Chapter A-1 Rule 17 of the Administrative Code A ^' 4' in its entirety and substituting with new language which allows citizen appearances before the full Council. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) y pr$ Referred to the Rules & Policy Committee. 14. Resolution - 89-1307 - Amending C.F. 89-802 adooted dune 27, 1989, oertaining to new fees for, zoning and environmental reviews by deleting Ianggua99e relative to the $200 maximum Penalty., (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. <r 15. Resolution - 89-1308 - Authorizing orooer City officials to execute an agreement with District Planning Council 14 to operate a Kids Park at the Groveland Recreation Center. (FOR ACTION) Councilmember Long moved aooroval of the resolution., Adopted Yeas - 4 Nays - 0 16. Resolution - 89-1309 - Authorizing orooer City officials to execute an agreement with MnDOT for reconstruction of I -35E from Jackson to the Cayuga Bridge. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 17. Resolution - 89-1310 - Authorizing proper City officials to execute an agreement with the State of Minnesota for maintenance resoonsibilities on trunk highways within the City limits. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 18. Resolution - 89-1311 - Amending C.F. 86-1124 which established residential ,F permit parking adjacent. to St. Thomas College by removing the restrictions on both sides of Laurel between Prior and Moore. (FOR ACTION) Chris Nicosia of the Public Works Department appeared and stated the Community Council is in support of this. resolution. 1 . k After some discussion Councilmember Dimond moved aooroval of the resolution. Adopted Yeas 4 Nays 0 - - ft F # �� 19. Resolution - 89-1312 - Affirming orders of the St. Paul Health Division for the u removal of abandoned vehicle on property located at 932 Iglehart. (FOR ACTION- Hearing held July 6th) Councilmember c ti Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 - 20. Resolution - 89-1313 - Affirming orders of the St. Paul Health Division for ti a property at 230-232-234-236-238-240 N. Dale. (FOR ACTION - Hearing held May 3Oth) �j Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 k. - 424 - July 25, 1989 21. Preliminary Order - 89-1314 - Improving Hoyt from Rice to Park with bituminous paving, concrete driveways and outwal s, curb and gutter and street lighting system, and setting date of oublic hearing for September 7th. Adopted Yeas - 4 Nays - 0 22. Resolution - 89-1315 - Approving assessment for demolition of vacant buildings through May 1989 and through July 1989, and setting date of public hearing for September 7th. Adopted, Yeas - 4 Nays - 0 23. Resolution - 89-1316 - Approving assessment for Summary Abatement costs incurred by Community Services notifying property owners to clean up their Property and for boardings up of vacant buildings through May 1989, and setting date of public hearing for September 7th. Adopted Yeas - 4 Nays - 0 PUBLIC HEARINGS 24. Hearing on proposed modification of the ,Energy Park Tax Increment Financing Plan. Katy, Lindblad' -of- PED appeared and said the Energy Park District Board met and recommend- approval of this olan and she said the resolution with the Joint Powers Agreement is forthcoming. No one else appeared. - Councilmember Goswitz arrived at this Point in the meeting. 25. Resolution - 89-1317 - Granting the petition of the City to vacate parts of Lot I , Blk. 2, Auditor's Subd. No. 75 and Lot 8, Summit Crescent, bounded by John Ireland Boulevard, Summit Avenue and Rice Street. (FOR ACTION - Public Works Committee recommends approval) Noone aooeared in 0000sition. Councilmeinber Dimond moved approval of the resolution. Adopted Yeas - 5 Nays - 0 26. Resolution - 89-1318 - Granting the petition of M.S.D., Inc. to vacate a one foot strip of alley in Blk. 4, Denslow s Addn, for the area bounded by Stinson, Burgess', Como and Mackubin. (Public Works Committee recommends approval) No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 27. Final Order - 89-1319 - For the acquisition of lands for ponding in connection with the Belt Line Storm Sewer to be known as the Birmingham/York Pond Project. (Public Works Committee recommends approval) Al Tetzlaff aooeared and referred to a petition for homes to be built on this property and he referred to dumping problems. Councilmember Dimond noted the District Council is in support of the ponding area and he explained Committee discussion and said this will be a significant tax savings. Councilmember Sonnen arrived at this point in the meeting. Anthony Mangini appeared and sooke in 0000sition to the Order. Peter White aooeared and said no offers have been made yet on the orooerty and he stated this Order is for the concept on the pond and he said offers will be made based on appraisals and if the price is negotiated the Order will be back before the Council. Wyle Hunt aooeared and spoke in opposition to the ponding hole and he referred to dumoing problems. (Discussion continued on following page) 425 - a July 25, 1989 21. Preliminary Order - 89-1314 - Improving Hoyt from Rice to Park with bituminous paving, concrete driveways and outwal s, curb and gutter and street lighting system, and setting date of oublic hearing for September 7th. Adopted Yeas - 4 Nays - 0 22. Resolution - 89-1315 - Approving assessment for demolition of vacant buildings through May 1989 and through July 1989, and setting date of public hearing for September 7th. Adopted, Yeas - 4 Nays - 0 23. Resolution - 89-1316 - Approving assessment for Summary Abatement costs incurred by Community Services notifying property owners to clean up their Property and for boardings up of vacant buildings through May 1989, and setting date of public hearing for September 7th. Adopted Yeas - 4 Nays - 0 PUBLIC HEARINGS 24. Hearing on proposed modification of the ,Energy Park Tax Increment Financing Plan. Katy, Lindblad' -of- PED appeared and said the Energy Park District Board met and recommend- approval of this olan and she said the resolution with the Joint Powers Agreement is forthcoming. No one else appeared. - Councilmember Goswitz arrived at this Point in the meeting. 25. Resolution - 89-1317 - Granting the petition of the City to vacate parts of Lot I , Blk. 2, Auditor's Subd. No. 75 and Lot 8, Summit Crescent, bounded by John Ireland Boulevard, Summit Avenue and Rice Street. (FOR ACTION - Public Works Committee recommends approval) Noone aooeared in 0000sition. Councilmeinber Dimond moved approval of the resolution. Adopted Yeas - 5 Nays - 0 26. Resolution - 89-1318 - Granting the petition of M.S.D., Inc. to vacate a one foot strip of alley in Blk. 4, Denslow s Addn, for the area bounded by Stinson, Burgess', Como and Mackubin. (Public Works Committee recommends approval) No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 27. Final Order - 89-1319 - For the acquisition of lands for ponding in connection with the Belt Line Storm Sewer to be known as the Birmingham/York Pond Project. (Public Works Committee recommends approval) Al Tetzlaff aooeared and referred to a petition for homes to be built on this property and he referred to dumping problems. Councilmember Dimond noted the District Council is in support of the ponding area and he explained Committee discussion and said this will be a significant tax savings. Councilmember Sonnen arrived at this point in the meeting. Anthony Mangini appeared and sooke in 0000sition to the Order. Peter White aooeared and said no offers have been made yet on the orooerty and he stated this Order is for the concept on the pond and he said offers will be made based on appraisals and if the price is negotiated the Order will be back before the Council. Wyle Hunt aooeared and spoke in opposition to the ponding hole and he referred to dumoing problems. (Discussion continued on following page) 425 - (Discussion continued from previous oage) Councilmember Rettman said the Ponding is needed for orooer drainage. Chris Nicosia aooeared and said the ponding area is necessary and he noted the City will become responsible for maintaining the area. Councilmember Sonnen said references to dumping concerns her and she said dumping of any kind is in violation of State and Federal laws. Councilmember Sonnen said the Public Works Department will work with the Department of Natural' Resources to keen the area clean and she said this is an important step forward. No one else aooeared: Councilmember Dimond moved approval of the Order. Roll call. Adopted_ Yeas - 6. Nays - 0 28. Final Order - 89-1320 - Condemning and taking orooerty for storm water detention to be known as the Birmingham/Minnehaha Pond project. No one aooeared'in opposition. Councilmember Dimond moved aooroval of the Order. Adopted Yeas - 6 Nays - 0 29. Resolution - 89-1321 - Ratifying assessment for condemning and taking a temporarry easement under and across the west 20 ft: of Lots 10-20, Bl k. 8, Merrill s Division of Rice Street Villas in conjunction with the Albemarle/Nebraska Area Storm Sewer project. (Public Works Committee recommends aooroval) No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 . Nays - 0 30. Resolutioqq,- 89,1322,- Approving application for the renewal.of various On Sale Liquor and'Supporting Class'III licenses as listed.. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 ORDINANCES 1. Final Adoption - 89-760'- An ordinance enacting the Replacement Housing' Policy and providing Drocedures for its imolementation. (Housing & Economic Development Committee recommends aooroval - Laid over from July 18th) Councilmember Dimond moved approval' of the ordinance. Roll call. Adooted Yeas - 6 Nays - 0 Ord. #17671 NEW BUSINESS - RESOLUTIONS 5. Resolution - 89-867 - Requesting the HRA and the Port Authority to consider; and adopt Replacement housing policies similar to St. Paul's. (Housing & Economic Development Committee recommends aooroval - Laid over from July 18th) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 � x' r July 25, 1989 (Discussion continued from previous oage) Councilmember Rettman said the Ponding is needed for orooer drainage. Chris Nicosia aooeared and said the ponding area is necessary and he noted the City will become responsible for maintaining the area. Councilmember Sonnen said references to dumping concerns her and she said dumping of any kind is in violation of State and Federal laws. Councilmember Sonnen said the Public Works Department will work with the Department of Natural' Resources to keen the area clean and she said this is an important step forward. No one else aooeared: Councilmember Dimond moved approval of the Order. Roll call. Adopted_ Yeas - 6. Nays - 0 28. Final Order - 89-1320 - Condemning and taking orooerty for storm water detention to be known as the Birmingham/Minnehaha Pond project. No one aooeared'in opposition. Councilmember Dimond moved aooroval of the Order. Adopted Yeas - 6 Nays - 0 29. Resolution - 89-1321 - Ratifying assessment for condemning and taking a temporarry easement under and across the west 20 ft: of Lots 10-20, Bl k. 8, Merrill s Division of Rice Street Villas in conjunction with the Albemarle/Nebraska Area Storm Sewer project. (Public Works Committee recommends aooroval) No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 . Nays - 0 30. Resolutioqq,- 89,1322,- Approving application for the renewal.of various On Sale Liquor and'Supporting Class'III licenses as listed.. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 ORDINANCES 1. Final Adoption - 89-760'- An ordinance enacting the Replacement Housing' Policy and providing Drocedures for its imolementation. (Housing & Economic Development Committee recommends aooroval - Laid over from July 18th) Councilmember Dimond moved approval' of the ordinance. Roll call. Adooted Yeas - 6 Nays - 0 Ord. #17671 NEW BUSINESS - RESOLUTIONS 5. Resolution - 89-867 - Requesting the HRA and the Port Authority to consider; and adopt Replacement housing policies similar to St. Paul's. (Housing & Economic Development Committee recommends aooroval - Laid over from July 18th) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 l! _ July 25, 1989 PUBLIC HEARINGS 31. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by But. Inc. dba People's Choice Club located at 920 Selby. Phil Byrne aooeared and said he has been contacted by Mr. Hickman and they would like time to orovide written documentation to the Council and he explained they no longer have their Previous attorney. Mr. Byrne said initially he was in 0000sition to the request for a continuation but due to the circumstances with their attorney he is not in 0000sition to a layover. Councilmember Scheibel stated District 8 also requested a layover on this item. Mr. Hickman aooeared and said they will be oresent and oreoared at the scheduled layover date. Roy Garza aooeared and stated he is oreoared to soeak today in detail and he said although he feels it's important to the community to act on this today points made regarding their lawyers is well taken. Mr. Byrne reiterated the request for continuation is due to the change in attorney for People's Choice Club. Mr. Mann aooeared and said the District 8 Planning Board is meeting tonight and he said the community belongs to a lot of People and he thanked the Council for the layover. No one else apmeared. Councilmember Rettman moved this item be laid over two weeks to August 8th. Roll call. Adopted Yeas - 6 Nays" -'0' Councilmember Dimond referred to the importance of having procedures outlined relative to public hearings and what testimony can be accepted. 32. Reoort of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by SRG Coro. dba R & R Saloon located at 992 Arcade. It was noted Michael Black, attorney for R & R Saloon, was present. Phil Byrne aooeared and said this license could not be renewed due to delinquent tax obligations to the State and he explained notification to the applicant and he referred to recommendations of the Administrative Law Judge. Mr. Black aooeared and submitted no objection to the findings of the ALJ but said there is some fault with actions of City personnel. Councilmember Dimond said he has concerns because the establishment was operating illegallybecause it didn't have a license. Councilmember Sonnen referred to exhibits and said she feels it is imoortant to allow enforcement with the hearing process to proceed. Upon question of Councilmember Dimond, Mr. Carchedi aooeared and made reference to a history of problems. Mr. Black requested comments made by Mr. Carchedi be disregarded, and Mr. Byrne concurred with that request. Councilmember Long moved that the public hearing be closed. Roll call. Adopted Yeas - 6 Nays - 0 Councilmember Dimond moved that the license be suspended for four days. Councilmember Long said the License Division needs to be clearer in oreoared letters pertaining to delinquent tax matters and he said he is inclined to go with a 9 day suspension. Councilmember Goswitz said he agrees with Councilmember Long oertaining to the License Division letter needing to be clearer but he sooke in support of a 4 day susoension. Councilmember Schiebel said he could support a 2 day suspension and he stated we need to look at our orocedures and Code language. Councilmember Retiman said in Committee language pertaining to the matrix language relative to clearing of taxes will be considered. She said she feels this violation is very severe but tax clearance has now been given and she said she could su000rt a 4 day susoension but not a 2 day. (Discussion continued on following page) - 427 - July 25, 1989 (Discussioncontinued from orevious page) Councilmember Long stated to go with a.concensus he will agree to a 4 day suspension. Councilmember Scheibel said this is the first offense and going beyond three days is much more severe than others. There was cpnsiderable discussion and Councilmember Rettman said reluctantly she will go with a three day suspension as it was a first time offense. Councilmember Dimond sooke in 0000sition to the three day suspension. Councilmember Dimond moved approval of suspending the licenses for four days. Roll call 'on that motion. Adopted Yeas - 4 (Dimond/Long/Rettman/Sonnen) Nays - 2 Goswitz/Sc ibei) Phil 8 me stated he will oreoare the resolution for the next meeting of the Council. NEW BUSINESS - RESOLUTIONS 6. Resolution - 89-1046 - Directing the Public Works Director to negotiate with parties stated to the 1987 discharge incidents to fully recover appropriate shares of fines levied on the City by State or Federal regulatory agencies and that all monies recovered for the 1987 discharge incidents be deposited in the Sewer Service Fund with appropriate budget amendments to be made in 1989 to recover revenue to pay for fines levied against the City. (Public Works Committee recommends approval - Laid over from July 18th) Councilmember Long moved aooroval of the resolution Councilmember Scheibel explained why he will be voting against this resolution. There was some discussion and Councilmember Long agreed to laying this item over to Thursday, July 27th. Laid over to Thursday, July 27th. ADDITIONAL. ITEMS Resolution - 89-1323 - Establishing an Advisory Committee on Environmental l Acceptable Packaging and consenting to a000intments. (Laid over from July 20th) Councilmember Long referred to and distributed a news release on the a000intments and he gave a brief background on this item and said he feels it has been a very open orocess. He said the Mayorconcurs with the resolution and he urged Council to forego the extra 16 day notification period. Councilmember Rettman said she had a different feeling from the Mayor's Office that the Mayor is not in total concurrence with foregoing the full notification oeriod and she said residents are needed on this Committee as the resolution affects residents. Ora Lee Patterson of the Mayor's Office appeared and said there is not a sense of urgency because of the open a000intment process and she said she understands that Councilmember Long sooke with the Mayor Pertaining to names and that the Mayor does not have a oroblem with the names submitted. Upon question of Councilmember Goswitz, Councilmember Long referred to the need for a consultant and said both Minneapolis and St. Paul will share that cost. Councilmember Sonnen said she is very proud of our Early Notification System, Open Apppintment Process and the Citizen Participation Process and out of courtesy to our system Minneaoolis should wait on our systems for their first meeting and she moved this item be laid over to August 15th. Councilmember Long spoke against a layover. Roll call on the motion for layover. Yeas - 2 Rettman/Sonnen) Nays - 4 (Dimond/Goswitz/Long/Scheibel) Motion failed of adoption. Councilmember Long moved aooroval of the resolution with an amendment to language on page two to suspend the remaining 16 days of the open appointment process. (Discussion continued on following page) - 428 - ■ `• � Vit; r July 25, 1989 (Discussioncontinued from orevious page) Councilmember Long stated to go with a.concensus he will agree to a 4 day suspension. Councilmember Scheibel said this is the first offense and going beyond three days is much more severe than others. There was cpnsiderable discussion and Councilmember Rettman said reluctantly she will go with a three day suspension as it was a first time offense. Councilmember Dimond sooke in 0000sition to the three day suspension. Councilmember Dimond moved approval of suspending the licenses for four days. Roll call 'on that motion. Adopted Yeas - 4 (Dimond/Long/Rettman/Sonnen) Nays - 2 Goswitz/Sc ibei) Phil 8 me stated he will oreoare the resolution for the next meeting of the Council. NEW BUSINESS - RESOLUTIONS 6. Resolution - 89-1046 - Directing the Public Works Director to negotiate with parties stated to the 1987 discharge incidents to fully recover appropriate shares of fines levied on the City by State or Federal regulatory agencies and that all monies recovered for the 1987 discharge incidents be deposited in the Sewer Service Fund with appropriate budget amendments to be made in 1989 to recover revenue to pay for fines levied against the City. (Public Works Committee recommends approval - Laid over from July 18th) Councilmember Long moved aooroval of the resolution Councilmember Scheibel explained why he will be voting against this resolution. There was some discussion and Councilmember Long agreed to laying this item over to Thursday, July 27th. Laid over to Thursday, July 27th. ADDITIONAL. ITEMS Resolution - 89-1323 - Establishing an Advisory Committee on Environmental l Acceptable Packaging and consenting to a000intments. (Laid over from July 20th) Councilmember Long referred to and distributed a news release on the a000intments and he gave a brief background on this item and said he feels it has been a very open orocess. He said the Mayorconcurs with the resolution and he urged Council to forego the extra 16 day notification period. Councilmember Rettman said she had a different feeling from the Mayor's Office that the Mayor is not in total concurrence with foregoing the full notification oeriod and she said residents are needed on this Committee as the resolution affects residents. Ora Lee Patterson of the Mayor's Office appeared and said there is not a sense of urgency because of the open a000intment process and she said she understands that Councilmember Long sooke with the Mayor Pertaining to names and that the Mayor does not have a oroblem with the names submitted. Upon question of Councilmember Goswitz, Councilmember Long referred to the need for a consultant and said both Minneapolis and St. Paul will share that cost. Councilmember Sonnen said she is very proud of our Early Notification System, Open Apppintment Process and the Citizen Participation Process and out of courtesy to our system Minneaoolis should wait on our systems for their first meeting and she moved this item be laid over to August 15th. Councilmember Long spoke against a layover. Roll call on the motion for layover. Yeas - 2 Rettman/Sonnen) Nays - 4 (Dimond/Goswitz/Long/Scheibel) Motion failed of adoption. Councilmember Long moved aooroval of the resolution with an amendment to language on page two to suspend the remaining 16 days of the open appointment process. (Discussion continued on following page) - 428 - ■ � 2. t July 25, 1989 = v r (Discussion continued from previous page) ! _ Councilmembee r Rettman said she .is very temptd to refer this item to Committee t1` and she said she will not su000rt the amendment. k 2 After, considerable,discussion„Councilmember Long withdrew the amendment. Roll call on the motion for adoption of the resolution. q Adopted Yeas.- 5 Nays 1 (Rettman) Final Order - 89-1226 - Improving Market Street from.5th to 6th by removing the existing pavement,and constructing a brick surface on a new bituminous or -`+ concrete base, constructing tree planters and planting trees, constructing a decorative globe type lighting. system .and doingg all other work necessary and incidental to said improvement. (Laid. over. from. July 11th - Public Works s.• Committee recommends item be,withdrawn) fit Withdrawn. Councilmember Dimond moved that the meeting be adjourned. Roll call. Yeas - 6 Nays - 0 1' Adopted :i 1r AAJ0U9NED AT 11:10 A.M. 71 ounce resi.en ATTEST: Cooies sent to Councilmembers (�� Minutes approved by Council �- ti i y er ABo:pmk 1 429 - x MINUTES OF THE COUNCIL x `Ef SAINT PAUL BOARD OF HEALTH e x ax4t l 9:00 A.M WEDNESDAY, JULY 26, 1989 xn COUNCIL CHAMBERS — CITY HALL & COURT HOUSE 4 SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 4 - Councilmembers Dimond, Long, Rettman, Scheibel � r54 k Absent - 3 - Councilmembers Goswitz, Sonnen and Wilson (all excused) a '= Judy Barr of the Health Division appeared and answered questions of Councilmembers 'about the four resolutions. 1. Resolution - 89-1256 - Su000rting grant application of the Health Division and Health for 'Special Family subsequent contract 'ivitfi the State Deoartment of Planning grants and authorizing proper City officials to contract with the 1 . State'. Councilmember Long moved approval of the resolution. Adopted Yeas - 4 Nay - 0 ` t; 2. Resolution - 89-1257 - Supporting grant application of the Health Division and i for Maternal and Child subsequent contract with the State Department of Health Health Block grants and authorizing proper City officials to contract with the State. Councilmember Long moved approval of the resolution. v ; Adopted Yeas - 4 Nay - 0 +te: 3. Resolution -'89-1258 - Supporting grant application of the Health Division and Health for Community Health subsequent contract with the State Department of Services subsidy and authorizing proper City officials to contract with the State. Councilmember Long moved approval of the resolution. Adopted Yeas - 4 Nay - 0 4. Resolution- 89-1259 - Supporting grant aoolication of the Health Division and rican Ind orCity nt ac subse Health Servicesin Ramsey t with eCounty and State rauthorizing proper alth officials to _ y contract with the State. Councilmember Long moved approval of the resolution. r Adopted Yeas - 4 Nay - 0 Councilmember Dimond moved the meeting be adjourned. Roll call. Adopted Yeas - 4 Nays - 0 " o-• A 0 J(/OU`R N E D A j 9:05 A.M. —� ouncif-Preside�— r �� ATTEST: x Copies sent to Councilmembers t vet H Minutes approved by Council_�- ^r2 UILY er f ABO:omk c' - 430 - MINUTES OF THE COUNCIL 9:00 A.M JULY 27, 1989 COUNCIL CHAMBERS - CITY HALL &COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 32. ADoeal of LARA Investments to a decision by the BZA that additional rooms established without oermits in the basement of 965 Arcade is an illegal extension of the nonconforming use and that the Proposed secondary stairway is an,.illegal structural alteration. CoUncilmember Scheibel stated Mark Vaught, attorney for LARA Investments, has notified him saying'he is in court this morning and requested a layover. There was some discussion and agreement this item will be laid over to August 8th. Laid over to Tuesday, August 8th. Councilmember Scheibel welcomed Councilmember Wilson back from his visit to LawaaikaM.D,'South Africa. � tZ Councilmember GOS w moved the rules be suspended to consider an item not on the agenda pertaining to suspension of licenses held by R & R Lounge. Adooted Yeas - 7 Nays,- 0 Resolution - 89-1363 - Suspending On Sale Liquor, Sunday Liquor, Off,Sale Malt, Entertainment and Restaurant licenses held by SRG Corporation dba R &,R Lounge located at 992 Arcade for four consecutive days commencing on the Sunday following public'afion of 'resolution. Councilmember Dimond moved a.Dproval of the resolution. Roll call. Adooted Yeas - 7 Nays - 0 ADDITIONAL ITEM., Resolution - 89-1046 - Directing the Public Works Director to negotiate with oarties stated to the 1987 discharge incidents to fully recover appropriate shares of fines levied on the City by State or Federal regulatory a�.6hciis and that all monies recovered for the 1987 discharge incidents be demos ted in the Sewer Service Fund with aoDrooriate budget amendments to be made in 1989 to recover revenue to Day f6r fines levied against the City. (Public Works Committee recommends aooroval - Laid over from July 25th) Councilmember Dimond moved aoDroval of the resolution. Roll call. Yeas - 3 (Dimond/Long/Wilson) Nays - 4 (Goswitz/Rettman/Sonnen/Scheibel) Resolution failed of adoPtion. MISCELLANEOUS 38. Recognition of Youth Volunteers for the month of July, 1989. Councilmembers recognized youths for volunteering at various recreation centers. Filed Councilmember Scheibel left the meeting at this Point to attend a funeral. MIME R MINUTES OF THE COUNCIL 9:00 A.M JULY 27, 1989 COUNCIL CHAMBERS - CITY HALL &COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 32. ADoeal of LARA Investments to a decision by the BZA that additional rooms established without oermits in the basement of 965 Arcade is an illegal extension of the nonconforming use and that the Proposed secondary stairway is an,.illegal structural alteration. CoUncilmember Scheibel stated Mark Vaught, attorney for LARA Investments, has notified him saying'he is in court this morning and requested a layover. There was some discussion and agreement this item will be laid over to August 8th. Laid over to Tuesday, August 8th. Councilmember Scheibel welcomed Councilmember Wilson back from his visit to LawaaikaM.D,'South Africa. � tZ Councilmember GOS w moved the rules be suspended to consider an item not on the agenda pertaining to suspension of licenses held by R & R Lounge. Adooted Yeas - 7 Nays,- 0 Resolution - 89-1363 - Suspending On Sale Liquor, Sunday Liquor, Off,Sale Malt, Entertainment and Restaurant licenses held by SRG Corporation dba R &,R Lounge located at 992 Arcade for four consecutive days commencing on the Sunday following public'afion of 'resolution. Councilmember Dimond moved a.Dproval of the resolution. Roll call. Adooted Yeas - 7 Nays - 0 ADDITIONAL ITEM., Resolution - 89-1046 - Directing the Public Works Director to negotiate with oarties stated to the 1987 discharge incidents to fully recover appropriate shares of fines levied on the City by State or Federal regulatory a�.6hciis and that all monies recovered for the 1987 discharge incidents be demos ted in the Sewer Service Fund with aoDrooriate budget amendments to be made in 1989 to recover revenue to Day f6r fines levied against the City. (Public Works Committee recommends aooroval - Laid over from July 25th) Councilmember Dimond moved aoDroval of the resolution. Roll call. Yeas - 3 (Dimond/Long/Wilson) Nays - 4 (Goswitz/Rettman/Sonnen/Scheibel) Resolution failed of adoPtion. MISCELLANEOUS 38. Recognition of Youth Volunteers for the month of July, 1989. Councilmembers recognized youths for volunteering at various recreation centers. Filed Councilmember Scheibel left the meeting at this Point to attend a funeral. MIME rw _ 1 1 / y I ' •r N �7 1 July 27, 1989 A Al t 1 ORDINANCES ° 1. Final Adootion - 89-1002 - An ordinance granting permission to Burlington Northern Railroad Company to construct, operate and maintain an optical fiber all communications cable in the public right-of-way from the Burlington Northern Street Burlington s ' tracks south of the I-94 Sixth ramp to the Northern offices on r Fifth between Sibley and Jackson. (Public Works Committee recommends approval) the Councilmember Goswitz moved aooroval of ordinance. Adopted Yeas - 6 Nays - 0 - Ord. #17672 Fz 2. Final Adoption - 89-1132 - An ordinance amending Ord. No. 17443 adopted March 17, 1987 by meter zones on the south side of Sixth Street from g adding parking Works Committee � !; Robert to Jackson. (Public recommends aooroval) Councilmember Goswitz moved aooroval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17673 3. Second Reading - 89-1275 - An ordinance amendingg Section 34 of the Civil Service Rules by establishing the classification of Public Health Division Manager in f the Unclassified Services. i, • Upon request of Councilmember Long there was agreement Final Adoption of this ordinance be on August 15th. Laid over to August 1st for Third Reading. 4. First Reading - 89-1324 - An ordinance amending the Legislative Code by adding a new section authorizing discipline to"a supervisor for actions against -employees who report a suspected violation of law, participate in investigation or refuses to perform an action that they believe is in violation of law. (FOR REFERRAL TO r THE FINANCE COMMITTEE)' Upon request of Councilmember Long this ordinance was referred to the Rules & Wsf' Policy Committee. Referred to the Rules & Policy Committee. APPLICATIONS - COIMNICATION 5. Claim of Harry Boone,7 W. Sandralee Drive, filed July 12, 1989, was read. Referred to the City Attorney's Office. Claim of Jerome Brastad, 2901 Valley View Drive, Burnsville, MN filed June 30, 1989, was read. - Referred to the City Attorney's Office. Claim of Patricia Carter,521 Tedesco St., filed July 11, 1989, was read. Referred to the City Attorney's Office. Claim of Jackie Cich,2463 Cochrane Dr., filed July 12, 1989, was read. Referred to the City Attorney's Office. ni Claim of James Eichten,1898 Carroll, filed July 10, 1989, was read. " Ts� Referred to the City Attorney's Office. s Claim of Bradley Jacobsen,4179 Carroll, filed July 19, 1989, was read. — - Referred to the City Attorney's Office. Claim of Anne Kittelson, 1425 Terrace Dr. 021C, Roseville, MN, -filed July 14, ___ �; 1989, was read. r fi: Referred to the City Attorney's Office. - f " Claim of William Lorimer, 1433 Raymond, filed July 11, 1989, was read. Referred to the City Attorney's Office. 432 - I i July 27, 1989 Claim of Metropolitan Transit Commission, 560 -6th Ave. N., Minneapolis, MN, filed July 18, 1989, was read. Referred to the City Attorney's Office. Claim of Leona McMonigal (Clapp & Erickson, attny.) filed July 3,'1989, was read. Referred to the City Attorney's Office. Claim of Debra Peterfeso, 500 Etna#101, filed July 18, 1989, was read. Referred to the City Attorney's Office. Claim,of Rita Rosenthal, 2162 Midlothian Rd., filed July 11, 1989, ws read. Referred to the City Attorney's Office. Claim,of Joseohine Ruiz, 636 Ohio, filed July 18, 1989, was read. Referred to the City Attorney's Office. Claim of Clifford Schulte, 1565 Wheelock Ridge Rd., filed July 11, 1989, was read. Referred to the City Attorney's Office. Claim of Raloh Weber, 1515 N. Albert, filed July 13, 1989, was read. Referred to the City Attorney's Office. 6. Communication and; documentation of Sharon Anderson. Filed'; (CC'#13169) 7. Aooeal of Larry Propotnik to a Summary Abatement Order for property located at 1992; Clear Avenue. Councilmember Rettman moved a date of hearing for August 8th. Adopted Yeas - 6 Nays - O 8. Petition of Monica Polski and Gloria Gates to vacate parts of. Lots 29 and 30 in Blk. 7, J.R. & W.M. Stees Addition at Maryland and Earl. - Referred to the Real Estate Division. 9. Letter of the Mayor's Office announcing vacancies on the Planning Commission, Anti -Drug Task Force, and the Board of ADoeals and Review for the Housing, Building and Fire Prevention Codes. Filed (CC #13170) 10. Administrative Orders D-10322 through D-10345 were noted as on file in the City Clerk's Office. Upon request of Councilmember Rettman, D-10322 was referred for discussion to the Finance Committee. Councilmember Sonnen requested the entire" history project be reviewed at the same time, and Councilmember Wilson requested the book entitled "Latimer Days" also be reviewed at that time. COMMITTEE REPORTS - 11. Resolution - 89-1273 - Supporting implementation of the Housing- Consolidation Calendar Project (Housing Court) and creation of a'task force. (Community & Human Services Committee recommends approval of substitute resolution) Councilmember Rettman referred to and explained the resolution with amended language and she moved aooroval of the substitute resolution with additional amendments. Adopted Yeas - 6 Nays - 0 - 433 - the annual Indian Traditional Ooen House -and Feast`on�April 29,4'19y communit& Human ServicesCouncilmember Rettman said Item�Noee. 21 on t dammenys aporovaagenda lis a related resolution for this event and she moved approval of this resolution. Adopted i Yeas - 6 Nays - 0 13. Resolution - 89-1254 - Authorizing proper City officials to sign purchase agreement for the acquisition of Soo Line Railroad Warner Road property. (Public Works Committee recommends approval) Upon question of Councilmember Long, Leon Pearson of the Public Works Department appeared and explained funding for clean up and construction costs. Councilmember Goswitz moved aooroval of a substitute resolution with revised agreement. Adopted Yeas - 6 Nays - 0 14. Resolution - 89-979 — Approving amendments to the Cable Access St. Paul, Inc. By -Laws as proposed by 'the CASP Board of Directors on May 9, 1989. (Public Works Committee recommends aooroval). Councilmembers Rettman and Goswitz moved aooroval of the, resolution. Adopted Yeas - 6 Nays - 0 NEW BUSINESS - RESOLUTIONS 15. Resolution - 89-1256 - Supporting grant application of the Health Division and subsequent contract with the State Deoartment of Health for Special Family Planning ggrants and authorizing proper. City officials to contract with the State. (FOR ACTION - Laid over from July 18th) Withdrawn. 16. Resolution - 89-1257 - Supporting grant application of the Health Division and subsequent contract with the State Department of Health for Maternal and Child Health Block grants and authorizing prooer City officials to contract with the State. (FOR ACTION - Laid over from July 18th) Withdrawn. 17. Resolution - 89-1258 - Su000rting grant application of the Health Division and subsequent contract with the State Deoartment of Health for CommunityHealth Services subsidy and authorizing orooer City officials to contract with the State. (FOR ACTION - Laid over from July 18th) Withdrawn. 18. Resolution - 89-1259 - Supporting grant application of the Health Division and subsequent contract with' the State Deoartment of Health for American Indian Health Services in Ramsey County and authorizing orooer City officials to contract with the State. `FOR ACTION - Laid over from July 18th) Withdrawn. 19. Resolution - 89-1326 - Establishing processing fees for applications for modification of oarking requirements at $335.00 olus an additional $2.50 application fee. (FOR ACTION) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 20. Resolution - 89-1327 - Saving and holding harmless Ideal Security located at 45 Maryland for the City's use of their athletic field for summer youth sports activities. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. - 434 - July 27, 1989 21. Resolution - 89-1328 - Approving amendments as stated to the Community Festival Fund rules. (Community $ Human Services Committee recommends approval) Councilmember Rettman moved approval of the resolution. Upon question of Councilmember Sonnen, Councilmember Rettman referred to specific definitions and requirements. Councilmember 'Dim 0nd said he feels language should be changed to add "neighborhood and/or community" and he spoke to the differences between a neighborhood event versus a cultural event. He stated he will support this resolution today but will look at others carefully as they come before us. Councilmember Wilson explainedthecommunity festival fund was established due to the large crowds attending Riverfest and he said he hopes to see more festivals within the City. Councilmember Rettman moved aooroval with amendments discussed. Adopted Yeas - 6 Nays - 0 22. Resolution - 89-1329 - Accepting the Division of Libraries Strategic Plan 1989- 1991 as an internal working document and acknowledging that approval of this resolution does not give City Council aooroval to any exoenditure absent Council action. (Community & Human Services Committee recommends approval) Councilmember Rettman referredto and exolained Committee discussion and said she is acknowledging this resolution as a strategic plan. Councilmember Sonnen said strategic olans are very important documents and she said this acknowledges there are caoital and on-going operative needs. There was considerable discussion on the Committee structure, rules and policies relative to City Council procedures and there was agreement reoorts`with resolutions should be submitted to Council and referred to Comm ttee. Adopted Yeas - 6 Nays - 0 23. Preliminary Order - 89-1330 - Improving the alley in Theresa Place and Blk.-2, Berkeley Place by grading and paving the alley from Howell to Fairview for the area bounded by Fairview, Berkeley, Howell and Stanford, and setting date of public hearing for September 7th. Councilmember Sonnex moved aooroval; of the order. - Adopted Yeas 6 Nays - 0 24. Preliminary Order - 89-1331 - Condemning and taking easements in the -land necessary forthe slooes, cuts and fill including right of removal of lateral su000rt occasioned by excavations or construction of slopes in the grading and paving of the alley in Theresa Place and Blk. 2, Berkeley Place for the area bounded by Fairview,Berkeley, Howell and Stanford, and setting date of public hearing for Seotember 7th. Councilmember Sonnen moved aooroval of the order. Adopted Yeas 6 Nays - 0 25. Resolution --89-1332 - Approving assessment in connection with the Marshall/Hamline Area Paving & Lighting Project Phase A and B, and setting date of public hearing for September 19th. — Councilmember Sonnen moved aooroval of the resolution, Adopted Yeas 6 Nays - 0 26. Resolution - 89-1333 - Approving assessment in connection with the Marshall/Hamline Storm Sewer Project Phase A and B, and setting date of Public hearing for Seotember 19th. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas 6 Nays - 0 27. Resolution - 89-1334 - Approving assessment for summary abatements - towing abandoned vehicles for the oeriod of February through June, 1989, and setting date of public hearing for Seotember 19th. Councilmember Sonnen moved aooroval of the resolution. Adooted Yeas 6 Nays - 0 - 435 - 7 - 436 - 9 July 27, 1989 ;r z 28. Resolution - 89-1335 - Aooroving assessment for the installation of storm sewer service stub connections in connection with the Stillwater/Nokomis and a Ar lington/Arkwright Area Storm Sewer orojects, and setting date of public r i' Councilmember Sonnen moved aooroval Adooted Yeas 6 Nays - 0 29. Resolution - 89-1336 - Aooroving assessment for the installation of sanitary sewer and sewer service connections in DeSoto from Nebraska to Montana, and setting date of public hearing for September 21st. Councilmember Sonnen moved approval of the resolution. !� �k city J �e .•., .. - 7 - 436 - 9 July 27, 1989 ;r z 28. Resolution - 89-1335 - Aooroving assessment for the installation of storm sewer service stub connections in connection with the Stillwater/Nokomis and a Ar lington/Arkwright Area Storm Sewer orojects, and setting date of public hearingg fe resolution or Seotember 21st. of thlution. i' Councilmember Sonnen moved aooroval Adooted Yeas 6 Nays - 0 29. Resolution - 89-1336 - Aooroving assessment for the installation of sanitary sewer and sewer service connections in DeSoto from Nebraska to Montana, and setting date of public hearing for September 21st. Councilmember Sonnen moved approval of the resolution. Adopted Yeas 6 Nays - 0 PUBLIC HEARINGS 077 30. Resolution - 89-1337 - Granting the petition of the City of St. Paul and approving the vacation for parts of Blks. 46 and 47, St. Anthony Park, Kendrick for the y' Street, Kendrick Square, Bayless and the alley adjoining Kendrick Square area bounded by Kasota, Raymond, Northern Pacific Railroad and Bayless. (Public Works Committee recommends approval) No one appeared in opposition. Dave Nelson aooeared and said proceeds of this sale will come back to the City and that thereare MSA funds in Public Works but PED has concerns.with that and he said he is in favor of a one week layover to work things out between the two deoartments. Councilmember Sonnen said this is a very important item to the neighborhood and she:hooes there not be a hold-uo because the two deoartments are having i disagreements and she moved adoption of the resolution with discussion to take 1 place between PED and Public Works. Councilmember Goswitz spoke in su000rt of the resolution. Councilmember Rettman said we should add oroceeds where the funding will be sent and show it on aline item and she suggested an amendment for language to that effect. Councilmember Dimond suggested deleting item 3 in its entirety as it takes out the direction of where the funds will go. Dave Nelson said if it is deleted there will be a question of where the proceeds will go and he said we need to get a fair market orice for the value of the property: Terry Sullivan said a provision is needed stating the City will receive funds and then resolve the departmental issue when the funds come in. . by adding the language "and will present Councilmember Long moved an amendment to City Council a plan for future use or expenditures of oroceeAs for determination by the Council". Roll call on the motion for aoorovalwith Councilmember Long's amendment. Adopted Yeas - 6 Nays - 0 31. Hearing to consider the request by.Lentsch's Bar located at 1091 Rice Street fpr a modification to the parking requirements for additional Patron space in their newly remodeled basement banquet area. Councilmember Rettman moved a one week layover in order for the. District Council and the Land Use Committee to meet and discuss the request and she said the — - aoolicant-was aware she was asking for a layover and therefore is .not present today. Adopted Yeas - 6 Nays - 0 7 - 436 - 9 s July 27, 1989 33. Hearing to consider the aooeal of Nguyen Tuan to a decision of the BZA which denied a request for a two foot front yard setback to legalize an existing house - addition on the front of a single family home located at 1359 Blair on the north IN, side between Albert and Hamline. (Laid over from June 29th) . ,, Councilmember Wilson noted the public hearing is closed and he said we will hear `,@ a summary from each side. PED their r Mary Bunnell of aooeared and presented a brief summary on recommendation for denial and he noted the Building Department did insoect this Q,? , orooerty as requested by Council. * John Hardwick, Building Insoector, aooeared and said they were allowed to insoect Monday 246 the of this orooerty on the of July and he stated quality f workmanshio is very Door with many defects and code violations throughout the whole house and he concluded the addition may not be structurally sound based on $; the evidence they saw. Upon question of Councilmember Long, Mr. Hardwick stated for a definite conclusion on the addition the interior ceiling, sheetrock and paneling would ' "'A,j �',`._ have to be removed.. Councilmember Dimond stated our inspectors are orofessionals and with their expertise tell if a structure is sound_or not. 4 .can Councilmember Rettman requested communications from the Building Insoector dated July 13, 20 and 25 all be made Dart of the record along with their written report on the interior of the home and .she stated she will be voting for denial of .this aooeal. Edward Russell, attorney for Mr. Tuan, aooeared and presented his summary and requested Council to approve the appeal. Mr. Tuan aooeared and'oresented further summary and also requested the Council r',"'rra to vote in his .favor and if not to help him obtain financing to remove the k ;y addition. Councilmember Wilson said the question before us is whether the addition is x7V, structurally sound and he said he sees no ill -motivation on either side of this issue. He said if,the City Insoector suggests there are problems found with the structure during the inspection then the Council is obligated to deny the appeal and he said if the aooeal is denied the structure will be torn down and at that point the inspector may insoect the orooerty again. Councilmember Rettman moved that the public hearing be closed. Adopted Yeas - 6 Nays - 0 Uoon .question of Councilmember Long,- Mary Bunnell said the BZA decision was based on the fact the hardship was self-created and that the neighborhood is unduly affected by the structure. Mr. Hardwick stated their denial is not based totally on the structure but also there is no record of an aooroved building permit and also visible code -a i- violations. Councilmember Sonnen moved to uphold the decision of the BZA and deny the variance.. She said Council took further steps by requesting an inspector to go out and see if the addition was sound and we now have the finding because the x building reoort raises safety issues. She referred to the applicant's request ,�`f "w for financing and she said he should apply for it to determine if he is eligible ' but that is not uo to the Council and she suggested he work with the building inspector to bring his home up to compliance. She said the incident is unfortunate but she feels it is not against the character of the oerson. Councilmember Dimond spoke in su000rt of the motion and he said because the structure has been standing for a certain length of time does not mean it is safe. Councilmember Rettman stated in denying the variance it is the responsibilty of N „� tr the owners to remove it. She said financial helo may be available for the house orooer but not on the illegal addition. Upon question of Councilmember Sonnen, Mr. Hardwick stated he is comfortable ;7 with granting 60 days for the addition to be removed, and Councilmember Sonnen added that to her original motion for denial. (Discussion continued on following page) - 437 - I " July 27, 1989 ti (Discussion continued from previous page) Councilmember Long emphasized denial is based not on the character of the owner -" but on the structure of the house. Councilmember Wilson spoke in su000rt of the motion to deny the appeal and granting 'that for removal of the structure and he said there are numerous e:a¢ mistakes that need to be corrected and he said if the aoolicant applies for funding there are certain provisions that will need to be followed. S =, Adopted Yeas - 6 Nays = 0 The appeal was denied. e6 x r 34. Hearing to consider the appeal of Mildred Jackson to a Summary Abatement Order � for property located at 856 Carroll. (Laid over from June 29th) John Betz appeared and oresented background information on this and said it has oa +.'• been laid over for the aoolicant to obtain her own financing to demolish the " July 27, 1989 ti (Discussion continued from previous page) Councilmember Long emphasized denial is based not on the character of the owner -" but on the structure of the house. Councilmember Wilson spoke in su000rt of the motion to deny the appeal and granting 'that for removal of the structure and he said there are numerous e:a¢ mistakes that need to be corrected and he said if the aoolicant applies for funding there are certain provisions that will need to be followed. Adopted Yeas - 6 Nays = 0 The appeal was denied. e6 x r 34. Hearing to consider the appeal of Mildred Jackson to a Summary Abatement Order � for property located at 856 Carroll. (Laid over from June 29th) John Betz appeared and oresented background information on this and said it has oa +.'• been laid over for the aoolicant to obtain her own financing to demolish the ggarage and the condition of the garage has worsened. No else aooeared. one Councilmember Wilson recommended we oroceed on this today. Councilmember Rettman' moved denial of the appeal with the garage to be demolished within 14 days after publication. Adopted Yeas - 6 Nays - 0 35. Resolution - 89-1338 - Approving application for the renewal of various Class III Licenses as listed. No one aooeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 F; 36. Resolution - 89-1339 -Aooroving application for additional gasoline pumps applied for by Total Petroleum, Inc. dba Total located at 1351 Randolph. No one aooeared in opposition. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 37. Resolution - 89-1340 - Aooroving aoolication for the renewal of various On Sale Liquor and Su000rting Class III licenses as listed. No one aooeared in opposition. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Long requested to be excused from Council meetings through August 16th and he explainied he will be visiting Japan as part of World Peace meetings. r` Councilmember Rettman referred to a television show which stated St. Paul does not monitor parking ramps and she stated we do and that she will be sending a copy of the City's resolution pertaining to narking lots and ramps. h� Councilmember Goswitz moved reconsideration of C.F. 89-1323 which was adopted Tuesday, Jul9 25th pertaining to the establishment of an advisory committee on Environmental Packaging in order to add two additional names for appointment to �' rr c�� t he committee from Plastic's Inc. and Hoerner Waldorf. determine if Councilmember Longg suggested the present committee meet and u x additional members is needed. Councilmember Dimond said we already have had lengthy discussion on this issue c and he said he su000rted shortening the process but if we are adding names then we need to reooen 'the process. There was further discussion and it was noted if reconsideration was adopted C.F. 89-1323 would not be adopted. r. Roll call on reconsideration. Adopted Yeas - 4 Nays - 2 (Dimond/Long) 438 - a - 439 - iZ. - 440 - MINUTES OF THE COUNCIL 9.00 A.M AUGUST 1, 1989 COUNCIL CHAMBERS -CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA Present - 6 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Sonnen, Wilson z Absent - 1 - Councilmember Long (excused) OFFICIAL COMMUNICATION OF THE MAYOR 1. Letter of the Mayor vetoing C.F. 89-1277 adopted by Council July 20th pertaining to St. Paul .Police surviving soouse benefits. August 8th. ot" After some discussion this item was laid over for one week to Laid over to August 8th. r APPLICATIONS - COMMUNICATION 2. Letter of the Valuation Engineer recommending a date of Public hearing for September 5, 1989 to consider the petition of .the City of St. Paul for the „. vacation of surplus property .at .1889 and 1895 Bush Avenue located between Hazel. and Van i Dyke: < i' Councilmember Wilson moved aooroval of the date of hearing. Adopted Yeas - 6 Nays - 0 3. Letter of District Energy submitting rates to be charged to hot water customers effective October 1, 1989. After some discussion this item was referred to the. Public Works Committee for review and recommendation. Referred to the Public Works Committee. c@MI u REPORTS 4. Resolution - 89-323 - Developing a olan to phase out certain water systems that do not. reuse or have secondary uses and developing standards for mechanical. heating andcoolingg for all new construction or .reDlacement. (Public Works Committee recommends aooroval of a substitute resolution) Councilmember Goswitz ezolained and moved aooroval of ,the substitute resolution. Roll call. Adopted Yeas - 6 Nays - 0 NEW BUSINESS - RESOLUTIONS 5. Resolution - 89-1276 - Establishing the rate of pay for the unclassified title of Public Health Division Manger in Grade 32 of the Professional Employees Supervisory Standard Ranges. `Finance Committee submits to Council without recommendation - Substitute resolution - Laid over from July 20th - Second Reading & Adoption) It was noted that Item 15 is a companion ordinance to this resolution. Laid over to August 15th. Y 6. Resolution - 89-1325 - Amending the 1989 budget by adding $30,000 to; the, Financing & Spending Plans in the Fire Department for new roof at Fire Station No. 10. (FOR. REFERRAL TO .THE FINANCE COMMITTEE) Referred to the Finance Committee. 7. Resolution - 89-1341 - Amending .the 1989_budget ,by adding $23,650 to the Financing & Spending Plans in the City Clerk's Office for official publications costs. (FOR REFERRAL TO THE FINANCE COMMITTEE) n Referred to the Finance Committee. iZ. - 440 - August 1, 1989 8. Resolution - 89-1342 - Amending the 1989 budget by transferring $25,000 from Contingent Reserve to City Clerk's Office Records for official publication costs. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. dd' $8 000 t the 9. Resolution 89-.1343 — Amending the 1989 budget by a ng,io Financing & Soending Plans and accenting grant from BCED DevelopmenCompany to the City s Purchasing Division for Targeted Business Program. Upon request of Councilmember Wilson this resolution was referred to the Housing & Economic Develooment Committee. - - Referred to the Housing & Economic Development Committee. 10. Resolution - 89-1344 - Approving funding, priorities and budgets for six Drojects in compllgiance with the Neighborhood Partnership Prggogram requirements and oroDosals. for the .12th cxyycle sof thereNPP. (FOR REFERRALtion to all cants in TO THE HOUSING n& ECONOMIC DEVELOPMENT C6M ITTEE) Referred to the Housing & Economic Develooment Committee. 11. Resolution,- 89-1345 - Making certain determinations and findings necessary to acquire -properties under the URAP for the North End Partnership .Development Area, North End District 6 located north of Sycamore. (FOR ACTION - Hearing held July 13th) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 12. Resolution - 89-1346 - Determining that neither overtime pay nor formal compensatory time is authorized for unclassified a000inted.emoloyees and that any overtime hours recorded are erroneous and to be removed from payroll records.(FOR ACTION) Councilmember Sonnen referred to and explained discussion held in the Rules & Policy Committee on this item and she distributed conies of amendments Councilmember Rettman referred to concerns she has with restricting compensatory time. There was some'discussionand Councilmember Sonnen spoke in support of hearing further discussion in the Finance Committee and Councilmember. Scheibel stated Item 13 is similar and will also be referred to the same committee. Referred to the Finance Committee. 13. Resolution - 89-1347 - Authorizing the use of paid interns in 1990 for each Councilmember for up to a maximum of 500 hours oer year and that the Director of City Council Investigation and Research Center includezfunds. in the proposed.. City Council Legislative budget. (FOR ACTION) Referred to the Finance Committee. 14. Resolution - 89-1348 - ADoroving assessment and installing water main and service connection in S. Griggs from Randolph. to 70 ft. north of Randolph, and setting date of public hearing for September 21st. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 6 Nays - D PUBLIC HEARINGS 15. Third Reading - 89-1275 - An ordinance amending Section 34 of the Civil Service Rules by establishing the classification of Public Health Division Manager in the Unclassified Services. Greg Corwin, attorney representing the St. Paul Supervisor's Organization, appeared and sooke in opposition to the ordinance and urged the Council not to adopt the ordinance. (Discussion continued on following page) - 441 - ?_ O ,j r�i f 4 + _J :w August 1, 1989 q S�(Discussion continued from orevious page) �xi No one else aooeared. Councilmember Dimond responded to comments made by Mr. Corwin. i Councilmember Wilson said there is not a great deal of evidence in su000rt of this ordinance and he said there is no oublic ouroose in making this position unclassified. Councilmember Wilson moved an amendment to the ordinance by changing the word "unclassified" to "classified" a x Councilmember Scheibel stated that amendment would need more flexibility in the is to on the amendment today. hiring standards and he said he not prepared vote There was considerable discussion and Councilmember 5cheibel stated the Council acts as the Board of Health which raises further questions. There was further discussion and agreement to lay this ordinance over for two li weeks to Tuesday, August 15th for Final Adootion. Laid over to August 15th. 16. Hearing to consider whether gang graffiti exists on Drooerty described as 1150 and 1158 Selby and rear garage. the time to oresent evidence on this Upon question of Council, Ed Starr stated issue is today and if it is found the gang graffiti does exist Council may refer the issue back to the City Attorney and/or the Police Department for further action. Mike Schwab of the Police Deoartment aooeared and said he was notified by the District Council of the graffiti and'uoon 'investigation he stated it is of the Black DisciDles Gang with reference to the Vice Lords Gang. He said he A " investigated the property again last night and the portion "of''graffiti at 1150 is 1158 Selby Selby was oainted over but that the majority of graffiti on and h that has not been painted over and is still there. Upon question by Council, ` Lt. Schwab referred to and explained his special training in gang graffiti and said he is the. Gang Coordinator for Black Gangs in the City of St. Paul. Nx Councilmember Wilson said gang graffiti constitutes a nuisance and if it not removed the City will then take the necessary steps to remove it ata cost to a> the property owner.', He said he agrees with the assessment of Lt. Schwab that thisis gang graffiti of the Discioles and he recommended a resolution be 't by date drafted hat the graffiti be removed a certain. Upon question of Councilmember Goswitz, Lt. Schwab stated in order for the costs of removing gang graffiti to be paid by a gang member that person or persons would have to be caught in the act of painting the graffiti on the structure. After di, scussion Councilmember Wilson moved that the resolution be drafted to be brought up under suspension on Thursday;August 3rd. Roll '.call . Adopted Yeas - 6 Nays - 0 17. Hearing to consider whether a nuisance exists on property described as 642 # y." agu He. Jim Logan, owner of the property, aooeared and said he spoke with the tenants who say they are not dealing with drugs and he said he can't move people out on a h hear-say. No one else appeared. w 2 Councilmember Rettman said we need to hear testimony of the Police Department ,,,x a for the facts'. Councilmember Wilson referred to the properly signed petition and he moved this V - item be laid over for three weeks with the public hearing to be continued in ti order for him to meet with the neighbors, tenants and the owner. Roll call. Adooted Yeas - 6 Nays - 0 Laid over to August 22nd. t.. - 442 - i -443- r. � 1 { 1 t f� 1 _J ~ �. August 1, 1989 = a 18. Final Order - 89-1349 - Improving Birmingham from Case to York by grading and *+ paving, constructing concrete curb, gutter sanitary sewer system and service connections and street lighting system. tPublic Works Committee recommends approval) x n ` No one appeared in opoositi.on. Councilmember Goswitz move approval of the order.. r ,. Adooted Yeas - 6, Nays;- 0 , } i r 19. Final Order - 89-1350 - Constructing, water main and service connections in d . Biam rminghfrom Case to York. (Public Works,Committee recommends approval) ` No one aooeared in Ope05iti pn. a Councilmember Goswiti move approval of .the order. Adooted Yeas - 6 _ Nays - 0 20. Final Order - 89-1351 - Sidewalk constructionand/or reconstruction for parts of ki Alameda, N. Avon, Brainerd, Danforth„ W. Idaho and W. Rose. (Public Works �. Committee recommends approval) Noone appeared; in 0000sition. Councilmember Rettman move approval of the order. Adooted Yeas - 6 Nays - 0 21. Resolution - 89-1352 - Ratifying assessment for condemning and taking permanent utility easements in conjunction; with the Jackson/Magnolia Sewer,oroject. (Public Works Committee; recommends aooroval) No One appeared in,oDposition. Councilmember Rettman move aooroval of:the order. r Adooted: Yeas - 6 Nays - 0 r 22. Final Order - 89-1353 -Gradingand paving the east/west, alley in Campbell's Rearrangement and Blk. 3, Summit Avenue Adan, from Saratoga to the north/,south alley and constructing sewer in alley for storm water purposes for the area bounded, by Saratogga, Ashland, Pascal and Portland. (Pobiic Works .Committee recommends aooroval of alternative plan) Ms. Skinner, i resident of the area, aooeared and requested' clarification on; the alternative plan; referred to. J. Councilmember Sonnen explained the alternative plan is for sewer and patch work in order, to reduce the assessment. Chris Nicosia of the Public Works Oeoartment aooeared and further explained the alternative plan and said instead of completely reDaving the alley a catch basin will be out in with some Patching and he said this is being done at the, request of the property owners. Councilmember Sonnen referred to a letter of RayKline who is unable to be y ' ' present today but stated his concern is with the Petition process. . Chris Nicosia stated that the following Item No. 23 will not be necessary as the cuts and fills will nD.longger be part of the. Project.- Councilmember Sonnen moved apuroval of this order as amended for the alternative olan and that the following Item No. 23 be withdrawn. Adopted Yeas - 6 Nays - 0 23. Final Order - 89-1354 - Condemning and taking easements in land necessary, for e 5 k�Y the slopes, cuts and fills including right of removal of .lateral support occasioned by excavations or construction of slopes in the grading and Paving of the east/west alley in Campbell's Rearrangement and Blk. 3 Summit Avenue Addn. Zvi (Public Works Committee recommends approval of alternative plan) (See discussion above) Withdrawn. i -443- r. � x August 1, 1989 ;Rl 7 24. Resolution - 89-1355 - Ratifying assessment by condemning and taking permanent utility easements and temporary construction easements for the Trout Brook y Outlet Phase A Storm Sewer System. (Public Works Committee recommends aooroval) pw No one appeared in opposition. X Councilmember Sonnen moved aooroval of the resolution.. Adopted - Yeas - 6 Nays - A 25. Final Order - 89-115 - Constructing water main and service connections in Wheelock Parkway from Edgemont to, 170 ft. east of Edgemont. (Laid over from February 21st -Public Works Committee recommends aooroval) Y Councilmember Rettman moved aooroval of the order. Adopted Yeas - 6 Nays - 0 - - x August 1, 1989 ;Rl 7 24. Resolution - 89-1355 - Ratifying assessment by condemning and taking permanent utility easements and temporary construction easements for the Trout Brook y Outlet Phase A Storm Sewer System. (Public Works Committee recommends aooroval) pw No one appeared in opposition. Councilmember Sonnen moved aooroval of the resolution.. Adopted - Yeas - 6 Nays - A 25. Final Order - 89-115 - Constructing water main and service connections in Wheelock Parkway from Edgemont to, 170 ft. east of Edgemont. (Laid over from February 21st -Public Works Committee recommends aooroval) No one appeared in 0000sition. Councilmember Rettman moved aooroval of the order. Adopted Yeas - 6 Nays - 0 - - 26. Final Order - 89-116 - Constructing sanitary sewer and service connections in t; Wheelock Parkway- from Edgemont to 170 ft. east of Edgemont. .(Laid over from February 21st --Public Works Committee recommends aooroval) Noone'appeared in'0000sition. '- Councilmember Rettman moved approval of the amended•order. Adopted' Yeas - 6 Nays -, 0 - 27. Resolution - 89-1356 - Ratifying assessment for summary abatement to recover administrative costs incurred by Community Services notifying orooerty owner at 594-6 Sherburne to repair or demolish structure on their property. (Laid over from July 11th) Steve Roy appeared and briefly explained the resolution. No one else aooeared. . Councilmember Wilson moved aooroval of the resolution. Adopted:. Yeas- -'6 - Nays - 0 28. Resolution -89-1357 - Approving application for the renewal of, various Class III licenses as listed. Noone appeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas-- 6 Nays - 0 29. Resolution - 89-1358 - Approving with stipulation application for the renewal of State Class 6 Gambling License applied for by Rice Street VFW located at 1134 Rice. No one aooeared in-0000sition. Councilmember Rettmao-moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 30. Resolution - 89-1359 - Approving aoolication for. the renewal of Gambling Manager's License applied for by Dave Anderson dba Como.Area Youth Hockey at Ted's Rec at 1084 W. Laroenteuri No one appeared in 0000sition. Councilmember Rettman moved aooroval of the resolution: Adopted Yeas - 6 Nays - 0 31. Resolution - 89-1360 - Aooroving the transfer of Gambling Manager's License — ' currently issued to Sheila Smith dba Highland Hockey Association at Jose's located at 825 Jefferson to Susan M. Purvis dba Highland Area Hockey Association located at the same address. No one appeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 y, - 444 - L Y r.: r 4, August 1, 1989 32. Resolution - 89-1361 - Approving the request of Steve Lentsch dba Lentsch's Bar and Eatery located at 1091 Rice for a two day extension of service area to the parkin lot area on August 2 and 5 between the hours of 6:00 P.M. and 12:30 A.M. in conjunction with the Rice Street Festival. No one apoeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 33. Resolution - 89-1362 - Approving with stipulation application for Second Hand Motor Vehicle Dealer and Dealership Repair Garage aoolied for by Lee Anderson dba Corvette Center Twin Cities located at 271 N. Snelling. No one apoeared in Opposition— Councilmember Sonnen said the CommunitCouncil is in the orocess of undergoing some changes and has been understaffedY without a Community Organizer and she said this oarticular building is presently undergoing a controversial rezoning battle. She said the neighborhood' is interested in the future _. of the property and they have numerous questions and she said this particular business I' the third party as it is a tenant in the building and 'she, requested the License Division to meet with the applicant to explain this situation. Mr. Anderson, aoolicant, appeared and said he was situation aware of the regarding the building and that he has met with the community and is willing to 'I I continue to meet.with them . Councilmember Sonnen.thanked Mr. Anderson for his cooperation and moved she aooroval of the resolution. Adopted Yeas - 6 Nays - 0 ' At this time the Council recessed and reconvened. " 34. Reoort of the Administrative Law Judge including Findings of Fact, Conciusions and Recommendations in the matter of adverse hearing involving licenses held by Poor Richards,. Inc. Tom Weyandt of the City Attorney's Office appeared and said this matter is basically a zoning issue and he referred to his written exceptions to the reoort the Administrative of Law Judge. ,He referred to the five parcels involved and showed a video Dresentation and explained why he is asking for the severe action. John Daubney, attorney representing Poor Richards, appeared and said Mr. Wyberilla has been in.this business over 20 years and employs over 30 Deoole. He explained his is client willing to aooiy for the Drooer permits to keep the fill on his property and he referred to and distributed letters of interest and intent of Dersoos interested in purchasing the business from Mr. Wyberila and he requested a 30 daylayoverin order to make this transaction and he stated one Uo nhquestiontof Council,ies �Ed Starr stated Mr. Daubney is seeking to show a legitimate offer to purchase the .business and as long as his testimony does not deviate from the ALJ's reoort Council may hear it. Mike Hinz of the Gopher Disposal Company appeared. and referred to his letter of intent to purchase Poor Richards. which was finalized last night and he stated it would take aooroximately 4 to 6 weeks to make a smooth transition and for trash to be oicked'uo in the neighborhood and that the final deal be would consumated by the.middle of September. _ _ ! Upon question of,Councilmember Dimond, Tom Weyandt said Poor Richards license has previously been suso d d1988 H en a in a said he has had no: previous discussion prior to today's meeting with Mr. Daubney on the sale of Poor Richards and that the offer of Mr. Hinz is only the purchase of the - — - residential customers but the problems are with the dumosforters and therefore the purchase will not solve the zoning issues and he urged Council not to agree to a 30 day continuance. Councilmember Dimond moved that the public hearing be closed. u Roll call. Adopted Yeas - 6 Nays - 0 (Discussion continued on following page) 445 - tri August 1, 1989 (Discussion continued from previous page)) Upon question of Councilmember Scheibel, Mr. Daubney clarified the intent of Poor Richards to sell the operation and said they are wanting to get out of the refuse business in St. Paul and Ramsey County and their only business would be to service trucks of Hennepin County. Councilmember Dimond moved approval of the findings of facts and conclusions as amended by Tom Weyandt and he said it is very Clear Poor Richards refuses to operate within the boundaries of the law. He referred to comments made by Mr. Daubney and said there is no conspiracy against this establishment_ but there have been on-going 'problems. Councilmember Rettman said she is very well acquainted with this area and said the encroachments and flagrant disregards have been a problem. She referred,to a memo of John Hardwick on all the parcels involved and she stated she has not seen a good faith effortput forth by Poor Richards. She said she is sensitive to -employment but unless the encroachment is 100 percent taken care of she can only support the recommendation of Mr. Weyandt and she said Council has no choice but to suspend the licenses with Mr. Wyberilla to go through the proper Drocedures for rezoning. Councilmember Wilson spoke in support of comments made by Councilmember Reitman and said it is in the best interest of the City to suspend the. license and require compliance to the zoning issues. Upon request of Councilmember Scheibel, Mr. Hardwick appeared and outlined his memo previously referred to by Councilmember Rettman pertaining to compliance of each parcel. There was considerable discussion and Tom Weyandt stated Poor Richards can be allowed time to make some decisions and he further stated specifically his. recommendation. John Hardwick said all .illegal land uses must be removed and then the rezoning orocedures may be followed. There was further discussion and Councilmember Wilson stated we are setting standards of conduct for all licensees and he said we need to let Poor Richards correct their situation without worrying about a timeline because the license will be suspended until the work is done and he recommended we proceed with the suspension asking for compliance. Councilmember Scheibel said he disagrees with comments made by Councilmember Wilson regarding timeliness and that he'would like to see a date specific when the resolution is drafted to be determined when it is before Council and there is need for, specific timelines for the parcel involving removal of fill. There was further discussion and Councilmember Dimond moved.that a resolution be drafted suspending the licenses in accordance with. the ALJ findings as amended with a timeline to be decided upon when the resolution is: before Council on Tuesday, August 8th. Adopted Yeas - 6 Nays - 0 Councilmember Rettman moved the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ADJOURNED AT 11:45 A.M. aV— punt rest en ATTEST: Copies sent to Councilmen f- M —,? Minutes approved by Council r y LIerK ABO:omk - 446 - r MINUTES OF THE COUNCIL 9:00 A.M AUGUST 3, 1989 - COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order .by. President Scheibel at 9:00; A.M. Present - 4,- Councilmembers,Dimond, Rettman, Scheibel, Sonnen Absent - 3 - Councilmembers Long (excused), Goswitz and Wilson (arrived at points during the meeting) APPROVAL OF NIM11E5 1. goproval of minutes for,City'Council meetings of; June 20, 22, 27 and 29, 1989. C0 heilmember Dimond moved approval of the minutes. Adopted Yeas - 4 Nays - 0 Councilmember Wilson arrived at this point in the meeting. APPLICATIONS= COIMUNICATION 3. Claim of ;Candace Andersop:(Ken Erickson, attny.) filed July 19,19B9, wasread. Referred to the City Attorney's Office. Claim .f Erika-Lutgen (Gerald Freeman,,attny.) filed July 24, 1989, was read., Referred to the City Attorney's Office. Claim of Thomas Scarver (Andrew Engebretson, attny.) filed July 24, 1989, was read. Referred. to. the, City Attorneys Office., Claim of Milton;,56midt, 1907 Ashland, filed July; 19, 1989, was read.. Referred to the City Attorney's Office. _ Claim of M. Joann -Ward, 7817 Somerset Circle, filed July 25, 1989, was read. Referred,to the City Attorney's Office.,, 4. Amended summons and complaint in the matter of David French, Audrey French, Jon M. French and Kathy Frenchvs .the City,of St. Paul _et'al Referred,to the ;City Attorney's Office. 5. Summons and complaint in the matter of American Family Insurance Company vs,tne City of St. Paul Referred to the City Attorney's Office. 6. Summons and complaint in the matter of Familystyle of St. Paul, Inc. vs the City of St. Paul et al. Referred to the City Attorney's Office. 7. Summons and complaint in the matter of David LaBarre vs the City of St. Paul et al. Referred to the.City Attorney's Officer 8. Notification from the Animal Control Supervisor that a research institute will be receiving animals from the Animal Cmitrol Center of July 28th. (CC #13171) Filed 9. Administrative Orders D-10346 through D-10352 were noted as on file in the City Clerk's Office. - 447 - August 3, 1989 NEN BUSINESS - RESOLUTIONS ., 11. Resolution - 89-1364 - Appointing Edward Warn acting Mayor from August 7 through August 18, 1989. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 13. Resolution - 89-1366 -'Extending Lease Agreement with West Publishing for one year from June 1, 1989 through May 31, 1990 and providing to West Publishing an additional 13,800 s . ft. of parking space located at Shepard Road and Eagle Streets. (FOR ACTION) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Goswitz arrived at this point in the meeting. 14. Resolution'- 89-1367'- Declaring Thursday, August 3, 1989 Tiger Jack Rosenbloom Da yy in.honor,of'his 40th anniversary in business at 369'N.'Dale and of his spirit of independence and self-sufficiency. (FM ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 6 " Nays= 0 Tiger Jack appeared and expressed his appreciation and gratitude for this declaration io his'hbnor: Councilmember Wilson stated St. Paul is better Place to live because of the fine example Tiger Jack has lived and shown. 12. Resolution - 89=1365, - Certifying petition and authorizing the mounting of commemorative signs for Old Rondo Avenue. (FORACTION)" Councilmember Wilson moved approval of the resolution. Roll call. Adooted Yeas - 6 Nays - 0 Councilmember Wilson exoressed his aooreciation for the su000rt of the neighborhood in initiating the petition and he noted supporters of the Rondo Board who were present in the Council Chambers today and he presented to them the permanent Rondo Avenue sign stating it will be placed in the archives of the organization. The President of the Rondo Board aooeared and thanked Council for the commemorative signs and encouraged people to attend the festivities. Councilmember Dimond referred to this history of Rondo Street and said it is the heart of the community. Mr. James Griffin and Tiger Jack aooeared and each gave a brief history of Rondo Street. 15. Resolution -89-1368 - Setting date of public hearing for August 24, 1989 at 9:00 AX in the City Council. Chambers to consider whether the City should implement an organized residential refuse collection system. (FOR ACTION) Councilmembers Goswitz and Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 ` 16. Resolution - 89-1369 - Authorizingg Public Works Director to request a variance from MSA rules for the width of Victoria between Juno and James. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Conmittee. 17. Resolution - 89-1370 - Authorizing Public Works Director to request a variance from MSA rules for the design speed of the horizontal curve on Victoria from W. 7th to Tuscarora. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. - 448 - - � �� t ti • August 3, 1989 CU 18. Resolution - 89-1371 - Denying aoolication of Lunda Construction Comoany for variance n^,4' +* from the noise regulations in connection with reconstruction of'the Robert Street Bridge. (FOR ACTION Hearing - held June 15th) Councilmember 'Rettman moved approval of the resolution. - - Adopted Yeas 6 - �;x r r , - Nays 0 PUBLIC HEARINGS µgra ip wz 19. Hearing to consider the petition of Richard Timmers for the vacation of Cottage between Arkwright`and'Edgemont., Codncilmember Rettman moved this item be laid to August 31st. .r Adopted Yeas - 6 Nays - 0 Councilmember Wilson left the meeting at this point and returned later. 20. Hearing to consider the request by Lentsch's Bar located at 1091`Rice 'for a modification to the parking requirements for additional oatron soace in their newly remodeled'basement banquet area. (Laid over from Jul 27th) Councilmember Rettman'.said District 6 met,and recommends aooroval with the s stipulations outlined by City staff and also that parking arran'g'e ments continue - with the North End Commercial - ', �- Club: •- - - No one aooeared in opposition. Councilmemb& Rettmin moved aooroval of the request for the Barking modification X with the.stipulations. Adopted Yeas 5 Nays - 0 ' 21 Final Order 89-1372 - Sidewalk construction and/or reconstruction for parts of kerb Palace from 'S' Fairview to S Wheeler St. Paul Avenue from Montreal. to t Edgcumbe, and Stanford from S. Fairview to S. Wheeler. (Laid over from July' 4 20th - Public Works Committee recommends aooroval)" No one aooeared in opposition. Councilmember Goswiti moved approval of the order. Roll call. 1 Adopted Yeas - 5' ' Nays - 0 22. Resolution - 89-1373'- Approving aoolication for therenewal of a State Class B Gambling License,aoolied'for by Tanners Lake VFW Post #8217 located at 1795 E. 7th, Street.' 1 No one aooeared in opposition. - -- Councilmember Goswitz moved'auoroval of the resolution. Adopted Yeas - 5 Nays - 0 - Councilmember Wilson returned to the meeting at this point. ¢ 23. Resolution - 89-1374 m; Approving aoolication for the renewal of State Class. B Gambling License'applied for by Shoo Pond Gang, Inc. -at E.K. LeMant's located at 1199 Rice Street.' No one aooeared in opposition. rLx Councilmember Rettman moved aooroval of the resolution. Coungilmember Sonnen `N. , referred to a listing of groups eligible to receive charitable gambling funds and later in the meetiny'CNristine Rozack' 1 of the License Division aooeared and stated a new corrected List is forthcoming.' Roll call on the motion for aooroval. Adopted Yeas - 6 Nays - 0 t - 449 - p • � r S a. %•rM R762 - / r �� - a� August 3, 1989 24. Resolution - 89-1375 -Aooroving aoolication for the'renewal''of Gambling'- _ Manager's License aoolied for by Sarah Kusterman dba Shoo Pond Gang at E.K. LeMant's located at 1199 Rice Street. a (See discussion above) No in "s. r d aooeared 0000sition. Adopted Yeas - 6 Nays - 0 Y Y z 25. Resolution - 89-1376 =Aooroving application for renewal of Gambling Managger's License applied for by Steven Younghans dba Johnson Area Hockey at Minnehaha s Lanes .lociied at 955' Seminary. No one appeared in opposition. f 4: s Councilmembers Goswiti and Wilson moved aooroval'of the resolution. -, Adooted` Yeas - 6 Nays:- 0 26. Resolution - 89-1377 - Aooroving-aoolication for Massage Therapist License t jt applied for by James Me11ip II D.C. dba Grand tan located at 80 N. Snelling. a� No one aooeared in 0000sition. ' • Councilmember Wilson moved approval of the resolution;' Adopted Yeas - 6 Nays - 0 27. Resolution - 89-1080 - Approving the renewal of On Sale Liquor, Sunday On Sale Inc. dba Wabasha Liquor, Off Sale 3.2 Malt and Restaurant Licenses held by'BAL, Bar located at 427 S. Wabasha. (Laid over from July 6th) No one appeared in 0000sition:'' Upon question of Council, Christine Rozack of the License Division appeared and i stated a neighborhood meeting was held on this item. Councilmember Scheibel: stated the owner is in the process of submitting a letter agreeing to�'stipolations made on the license and there was agreement this item Y r be laid over one week to Thursday, August 10th. Laid over to August 10th. ORDINANCES 2. Final.'Adootion - 89=10 - An ordinance amending Chapter 91 of the Administrative t ? Code pertaining to procedures for public hearings regarding oublic nuisances by establishing an average service level of police responses to orivate orooerty at four in a 12 month period and authorizing the City Attorney to commence legal action against the owner of the private orooerty for unjust enrichment when police resoonses exceed level. (Community & Human Services Committee recommends aooroval -Laid over from July 6th) Councilmember Wilson referred to Committee action and discussion and he referred to a letter with the Mayor's recommendation to adoot the ordinance containing the original language. Councilmember Scheibel said the Council's intent to proceed with this ordinance is very clear but we need the ordinance in final form before we can act and therefore this ordinance will be laid over one week. Councilmember Rettman moved aooroval of the amended ordinance. Adooted Yeas - 6 Nays - 0 Councilmember Dimond moved to lay the ordinance over one week for Final f� Adoption. ;P s u Roll call. Adooted Yeas - 6 Nays - 0 t Laid over to August 10th for Final Adoption. St[� ._ 450 - L _ August 3, 1989 NEW BUSINESS - RESOLUTIONS 10. Resolution 89-908 Allocating $50,000 to the Police Department for continuation and expansion of the Beat Patrol Program for 1989 and transferring` $25,000 to a contingent reserve fund to cover possible additional overtime costs' related to the program and drug law enforcement efforts:' (Finance Committee; recommends denial - Laid over from July 20th) Upon question of Councilmember Wilson Councilmember Rettman explained Committee discussion and action and she, stated it is �inae0rporiate for the Council to act on this item as the budget initiative must come 'from 'the Mayor's Office. Councilmember Sonnen suggested amending the resolution by requesting the Mayor, to allocate funds, to; the Beat Patrol , Councilmember 'Wilson said there is some concern "that the beat oitrol will;:be' only on Selby and he explained the beat will exoand to other neighborhood streets and: he stated there will be a morning patrol,,.as well as a night patrol. Councilmember Dimond moved;a;,one Week:, layover_on.this item in order for Councilmember Wilson to meet with the Mayor and City ;staff. Councilmember Scheibel requested representatives of the Police, Budget and, Mayyor's Offices be present at that meeting to-answer questions. Roil call on the motion for a'one week layover to August 10th. Adooted Yeas -,6 Nays,-„0 Laid"o'er to Augu'sj.'Mth. Councilmember Dimond moved that the meeting be adjourned. Adopted.;. , ; Yeas - 6 Nays ._. 0 .. _. . ADJOURNED AT 9:55.:A.M. ounce President ATTEST: Conies sent to Councilmen jo- /---� Minutes approved by Council do-ay-.0 y er �_. LMA: unk MME MINUTES OF THE COUNCIL 9:00 A.M AUGUST 8, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 5 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Wilson Absent - 2 - Councilmember Long (excused), and Councilmember Sonnen (arrived at a point during the meeting) Councilmember Rettman moved that the rulesbe'susoended to consider an item not on the agenda suspending licenses held by Poor Richards. Roll call on suspension of the, rules. Adopted Yeas - 5 Nays -`.0 Councilmember Sonnen arrived at this Point in the meeting. Resolution - 89-1417 - Suspending Refuse Hauler, Solid Waste Transfer Station, Private Fuel Pumo and all other licenses held by Poor Richards, Inc. located at 400 Whitall for in indefinite Period of time with conditions as listed. Tom Weyandt, City Attorney, aooeared and said John Daubney, attorney for Poor Richards, is planning to be oresent today but is not here yet 'and 'Mr. Weyandt' explained Mr. W berilla has. cleared all the sites and therefore Mr. Daubney is wishing to amend the resolution.' Councilmember Scheibel said we will Proceed with the resolution before us as, action was taken last week. Rol lccaljmber Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 OFFICIAL COMMUNICATION OF THE MAYOR 1. Letter of the Mayor vetoing C.F. 89-1277 adopted by Council July 20th pertaining to St. Paul Police surviving spouse benefits. (Laid over from August,lst) Councilmember Sonnen said if Councilmember Wilson needed additional"time' to obtain further information she is agreeable to referring it to Committee. Gary,Norstrem,' City`Treasurer, aooeared and distributed copies of a spread sheet outlining the 'costs. He exolained" the status quo and referred to'the phase-in over the next years which would' accomplish a full Parity. Mr. Norstrem answered questions,of, Councilmembers and requested if sent to Committee that the actuary be present'to Provide' testimony. John Mercado of the Police Association appeared and urged Council to vote on this issue today. Councilmember Sonnen said this is an equity issue and there is no reason why Police,.widows should receive less than Fire Fighter widows and she said she is prepared to vote today and override the Mayor's veto. Ron Ryan of the Relief Association aooeared and also urged Council to vote today. Councilmember Dimond spoke in support of overriding the Mayor's veto. Councilmember Wilson said he is Prepared to vote today and said this is an equity issue that must be resolved and he moved approval of the resolution and overriding the Mayor's veto.' Councilmembers GDswitz and Rettman spoke in su000rt of the motion. Councilmember Scheibel stated the inequity has gone on 'for a long time and he feels it should be taken care of in a way which would not significantly impact the budget. Roll call on the motion to override the Mayor's veto. Adopted Yeas - 5 Nays - 1 (Scheibel) The Mayor's veto was overridden. 452 fsX' fMu yx � August 8, 1989 APPLICATIONS - CONNUNICATION 2. Claim of Elizabeth Foley, 460 Centennial Dr., filed 'July 28th, was read. Referred to the City Attorney's Office. Claim of Louis Gravel III, 1559 Cumberland, filed August 1st, was read. Referred to the City Attorney's Office. Claim of 'Siobhan Kane; P.O. Box 13114, Minneapolis, MN 55414, filed July 31st, was read. Referred'to the City Attorney's Office. Claim of Susan Kiehn, 1278 Charles, filed July 27th, was read. Referred to the City Attorney's Office.. Claim of Robert Krull (John Dunlap, attny.) filed August 1st, was read. Referred to the City Attorney's Office. Claim of Bernard Utschinski (Steven Patrow, attny.) filed July 27th, was read. Referred to, the City Attorney's Office. 3. Summons and comolaint in.the matter of Donald and Beverly Disselkamo'vs the City of St. Paul et Al. Refecred'to She City Attorney's Office. 4. SLnmans and complaint in the matter of Michael Richardson vs the' City of St. Paul et al. Referred to the City Attorney's Office. 5. Letter of the Mayor's Office announcing a vacancy on the Food and Nutrition Commission. Filed (CC H13172) 6. Administrative Orders D-10353 through D-10371 were noted as on file in the'City Clerk's Office. CONNITTEE REPORTS 7. Resolution - 89-1111 - Establishing a City -College Partnership Initiative to be undertaken in cooperation with. the St. Paul Area Chamber of Commerce's Higher Education Leadership Group and that a member of the Council be selected to serve on said group, with an' annual report to be 'made to Council with a first joint project' on a'child'health and development educational campaign tocoincidewith the City's Year, of the Child activities. (Housing '& Economic Development Committee recommends aooroval with amendment) Councilmember Scheibel'exulained the amendment. Councilmember Wilson said he spoke with Councilmember tong on an amendment providing' two Councilmembers and he moved approval of the resolution with the Amendment. Adopted, Yeas - 6 '' Nays - 0 NEW BUSINESS - RESOLUTIONS 8. Resolution - 89-1378 - Amending the 1989 budget by adding $20,972 in the Financing & Soendingg Plans for Community Services Custodial Engineer. (FOR REFERRAL TO THE FINANCE,COMMITTEE) Referred to the Finance Committee. - - 453 - r ' E� I � _ ' August 8, 1989 9. Resolution - 89-1379 - Amending the 1989 budget by adding $69,857.84 to the v Financing & Spending Plans for Community Services library projects. (FOR ACTION) �y1 * Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 i T 10. Resolution - 89-1380 - Allowing City to contribute its portion of'buy back sty i5 pension coverage for Parks Department employee Edna Alford. .(FOR REFERRAL TO THE ` FINANCECOMMITTEE) Referred to the Finance Committee. ' 11. Resolution - 89-1381 - Approving the appointment by'the Mayor of Glenn Wallen to serve on the Mayor's Advisory Committee: for People with Disabilities. (FOR S ACTION), -',.,c Councilmember Wilson moved aooroval of the resolution. Adapted Yeas -'6 Nays - 0 12. Resolution- 89-1382-'Authoriiing'proper City officials to execute an agreement with the State Agricultural• Society State Fair Board the City whereby will provide various Police services during the 1989 State Fair in return for payment of $4,587:' ' (FOR ACTION) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 1� 4 13. Resolution - 89-1383- Authorizing oroper'City officials to execute an agreement with the State Agricultural Society State Fair Board' whereby the City S will orovide' various Police services during the period from September 6, 1989 to August 17, 1990 in return for payment of $7,712, (FOR ACTIOA) - Councilmember Rettman moved aooroval of the resolution. N I Adopted ' Yeas - 6 Nays - 0 14. Resolution - 89-1384 - Establishing residential oermit parking on N. Cretin from the Mississippi River Boulevard to Selby. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. Councilmember 'Sonnen'moved that the rules be susoended to consider an item not on the agenda pertaining to residential permit parking to be referred' to the Public Works Committeet Roll call on susbensioh of the rules. Adopted'' - Yeas'- 6 Nays - 0 Resolution - 89-1418 - Amending C.F. 86-1124 which' established residential Dermit narking adjacent to St. Thomas College by removing residential Parking restrictions on both sides of Selby between Wilder and Moore. f Referred to the Public Works Comnittee. � 15. Resolution'- 89 1385 - Authorizing g proper City officials to pay Anthony J. and #5 Ann M.'Rieter $20,160 for the purchase of property in conjunction with the Belt 4 Line Sewer System Pond Acquisition project. (Public Works Committee recommends FOR ACTION) x t — aooroval :- Councilmember Goswitz moved at) oroval of the resolution. Adopted sr ,, Yeas - 6 Nays -.0 m -. 16. Resolution - 89-1386 - Ordering nuisance on property located at 230-232-234-236- r- 238-240 N. Dale be abated within one week from Dublication of this resolution or the City may proceed to perform necessary work. (FOR ACTION - Hearing held July ZN 1 ' a Councilmember Wilson moved aooroval of the resolution. a=, k Adopted Yeas - 6 Nays - 0 - 454 - z r3 J August 8, 1989 17. Resolution - 89-1387 - Authorizing payment to Donald Wondra in the amount of $1,514.69 from the Tort Liability Fund in full settlement of claim: (FOR ACTION)uncill Co member Goswitz moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 PUBLIC HEARINGS 18. Appeal of LARA`Investments to a decision by the BZA that additional rooms established without oermits in the basement of 965 Arcade is an illegal extension of the nonconforming use and that proposed secondary stairwell is an illegal structural alteration. (Laid over.from July 27th). Mary BUnnell'of,PED appeared 'and 'Presented their staff report and upon question of Council Member'Sonne'n he stated this establishment did basement construction without oermit. Mark Vaught, attorney representing LARA, appeared apd urged Council to consider this only as a non-conforming'use. He presented 'a"history of this establishment and explained one City department is telling his client to build a second stairwell but that another City department is not giving her a permit to do so. He'stated the BZA should have had an on-site viewing before making ;their determination and he stated there has not been an expansion of use and he encouraged the Council to find an error in the staff report and recommendation. There was considerable discussion and Wendy. Lane of the Building Code Office appeared and said they work with the Fire Deoartment and try not to give different directions. She explained the Fire Department referred the establishment to her office to see if this was aproper use and she said if Council overturns the staff recommendation they wi11 grant a Permit for the stairwell to be 'built. Councilmember Dimond moved to uphold the decision of the BZA that this is an illegal extension of the nonconforming use permit and that the proposed stairwell is an illegal structural alteration. Roll call on the motion. Adopted Yeas - 6 _ Nays - 0 19. Hearing to consider the appeal of Larry Pr000tnik to a Summary Abatement Order for property located at 1892 Clear. Steve Roy aooeared and Presented his staff report and distributed photographs of the property. . Mr. Propotnik aooeared and stated he has filed'a discrimination complaint with the Department of Human Rights. He said there is no trash in his yard and that he has done some work on cleaning it up and he distributed photographs and affidavits. Steve Roy stated ,this orooerty is filled from front to back with recycables which is an inappropriate use in a residential neighborhood. Upon 'question 'of Councilmember Dimond, Mr. Roy stated there was a summary abatement on this orooerty in 1988 in excess of $1,000. Diane Cherry, 1996 Clear, appeared and referred to a video she and her husband made of this orooerty on various dates and times which the Council viewed. A resident of 1995 Ivy appeared and said he lives across the alley from Mr. Pr000tnik and he said he is tired'of the noise, smell and looking at the trash and he urged Council to stop this scrap business with the orooerty to be brought - - uo to the health code and he suggested Mr. Pr000tnik be given orooerty training. Mr. Pr000tnik stated his neighbors are racially, verbally and ,Physically abusive to him and Councilmember Scheibel stated the proper agency to bring those claims to is the Human Rights Department. Delores Schboe aooeared and said she is a friend of Mr. Pr000tnik and she said he has cleaned up his yard "since the video was taken and that he's trying to comply with the order. (Discussion continued on following page) - 455 - J� vt a. r / (� 1:} August 8, 1989 _; �t y ' (Discussion continued from oreviouS gage) Christooher Bassett aooeared on behalf of Mr. Pr000tnik and stated there is no ti gSarbage or junk on this orooerty. a �r No one else aooeared. Councilmember Dimond hearing be moved that the public closed. Roll call. y Adooted Yeas - 6 Nays - 0 Upon question of Councilmember Goswitz, Mr. Pr000tnik stated all the vehicles on this property except the'-mail truck are operable. Upon-question of Councilmember Goswitz, Don ' Junnemann of the Health Division k <; Inspections aooeared and said all the vehicles are not licensed-orooerly. Couhcilmember 'Dimond moved that the aooeal be denied with completion 24 hours after publication of the resolution. There was considerable discussion and roll call was called on the motion to, deny the aooeal Adopted Yeas - 6 Nays - 0 20. Resolution - 89-1388 — Ratifying assessment for sidewalk reconstruction for 1209 W. 7th and 620 W. 7th. No one aooeared in 0000sition. c Councilmember Goswitz moved approval of the resolution. I Adooted Yeas - 6 Nays - 0 21. Resolution - 89-1389 - Ratifying assessment for boarding up of vacant buildings l through April 1989: No one aooeared in 0000sition. Council66mber Schei661 referred to a letter of appeal by Chris Parker of 411 W. Morton he did claiming not receive proper notice. Councilmember Dimond- moved approval of the resolution with orooerty located at 411 W. Morton only to be laid over one week to August 15th. Roll call. Adooted Yeas - 6 Nays - 0 22. Resolution - 89-1390 —Ratifying assessment for the acquisition for parts of Lot 1, Blk. 19, Beaver Lake Heights for improving the intersection of Algonquin and Nokomis. No one aooeared in opposition. Councilmembers Dimond and Goswitz moved approval of the resolution. Adooted Yeas - 6 Nays - 0 23. Resolution - 89-1391 - Ratifying assessment for sidewalk reconstruction for Darts -of Case, Cretin, Dayton, Dorothea, Eleanor, Hillcrest, W. Lawson, Midway Parkway, Pacific, Ruth, Scheffer and St. Paul Avenue. No one aooeared in opposition. Peter White of the Finance Office aooeared and stated residents of Midway ,Y Parkway were oresent earlier in themeetingbut had to leave. a Councilmember Dimond moved approval-of the resolution with Midway Parkway only �* to be laid over two weeks to August 22nd. 3 �'3 Adooted Yeas - 6 Nays - 0 _ 24. Resolution - 89-1392 - Approv.ing-application for State Class B Gambling, License s r r applied for by Minnesota AIDS Project at Ladies Night located at 1183 University iK4"s1 n. "R R Noeone aooeared in opposition. Councilmember Wilson moved au roval of the resolution. + Roll call. Adooted Yeas - 6 Nays - 0 c . y - 456 - ggAugust 8, 1989 25 Location License applied for by AFD& B,nInc .dba �Ladies Nightation fr llocated ass B 8at 1183gUniversity Avenue. No one aooeared in opposition. Councilmember Wilson moved approval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 26. Resolution- 89-1394 - Approving aooiication for Gambling Manager's License applied for, by Sigfred Peck dba, Minnesota AIDS Project at Ladies. Night located at 1183 University Avenue. - No,one appeared in opposition. Councilmember Wilson moved approval of the resolution. Roll call. - Adopted Yeas - 6 Nays - 0 27. Resolution - B9-1395 - Approving application for General Reoair Garage and Second, Hand Motor, Vehicle ,Parts Dealer License applied for by A -A Auto Supply, Inc. dba A -A Auto Supply located at 353 Larch. No oneappeared in opposition. Councilmember Rittman moved, approval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 28. Resolution - 89-1396 - Approving renewal as inactive with conditions. On Sale Liquor and Entertainment'111 Licenses applied for by Fraternity House,.Inc. dba Fraternity, Grill, located at 498 Selby. No one aooeared in opposition. Councilmembers Rittman and, Wilson moved ,approval of the resolution. Roll call. Adopted Yeas - 6 Nays - O 29. Resolution - 89-1397 - Approving application for Massage Therapist License applied for by Edwinna Sackariason dba Grand Tan Tanning Studio located at 80 N. Snelling No one appeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 At this time Council recessed and reconvened at 11:25 A.M. 30. Reoort of the Administrative ,Law :Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by BUT, Inc. dba People's Choice Club located at 920 Selby.. Phil Byrne of the City Attorney's Office appeared and presented his staff report and he made reference to other private clubs stating. they also.will be before Council, in. the near future and for the record Councilmember Dimond: stated that Hillcrest is a private club on the east. side of St. Paul. Robert Hickman aooearedrepresenting People's Choice and referred to possible selective orosecution and he presented and read exceptions to the Administrative Law Judge's report and he urged decisions made today to be balanced. The Council at this time recessed and reconvened in Room 707 at 1:30 P.M. , Mr. Hickmansaid People's Choice has a plan for reorganization and he introduced several sneakers. (Discussion continued on following page) - 457 - August 8, 1989 (Discussion continued from previous oage) Mr. Mann, aooeared and noted: that .two owners of People's Choice are present today, he stated he attended the District 8 Planning Council meeting where discussion of the People's Choice took place and he referred to the diverse oeoole in this.community with various types of needs tobe meta Councilmember Scheibel.stated Council can hear testimony today on why or why not they should deviate from the ALJ report but he noted. Council cannot hear any new. evidence. Jim Silent aooeared and said he .has-been the CPA for ,People's Choice for the, oast eight, years .and .he said People's_Choice have always: oreoared. their tax returns in a timely fashion, they have no problems with their taxes or any liens and they are a cooperative establishment concerned about their. operation. Melsinna Pittford of Minneappoolis app red and said she has ooerated the kitchen of Peoule's.Choi.ce.si.nce 1982. and she stated the establishment. is a very resoecfable place._, Roy.; Garza.. appeared and:said over the years People's Choice has tried to find workable solutions .to their. problems but have not been able to do so and he. urged Council to revoke their license. Alma Joseph, Chair.of She Distract 8 Planning Council, aooeared, and distributed a memo stating District 8 is in support of the reorganisation of the. People's Choice and.she referred to their pian. _ . Nick. Davis, aooeared and .said there are mixed feelings in the community about this: issue. He. said Council needs to look at the. Police raid, the amount of, clubs in the neighborhood and the issue of possible selective prosecution. He said he could:su000rt People's Choice if they underwent a complete new management with a board to work hand-in-hand with them with their license. suspended indefinitely to go before the District 8 Council with their new management with recommendation to the City Council. He said he is not defending any violations that occurred. but he, feels giving this establishment a choice with new management will help the tension -filled community. Upon question of Councilmember Sonnen, Mr. Davis said clubs should be held accountable but Council needs to make sure not to get rid of one problem to create another one and he said with Mr. Mann and Mr. Hickman now involved he sees a workable solution. Councilmember Rettman stated all Private clubs are being looked at by City staff. Jackie Price, 765 Carroll, appeared and said she is a new neighbor and expressed confusion and concern with the neighborhood and she spoke in support of revocation of the license.. Alonzo Lucas aooeared and urged the Council to give deep consideration before acting on revoking: this license. Scott Howell appeared representing the youth in the community and said neither he nor his friends are on drugs and he stated all bars have troubles at some point. Mr. Byrne aooeared and said with all due respect to the People's Choice, they need a substantial cash-flow from the sale of liquor to operate. He said the plan referred to does not address who will be management and he said if this license is revoked new management can reapply for a orivate club license. He said evidence clearly supports revocation and he urged Council to do so. Councilmember Dimond moved that the public hearing be closed. Roll call. Adopted Yeas - 6 Nays - 0 Councilmember Dimond said we have heard much testimony today but he said enforcement is happening across the board. He said there is clearly frustration in the community but that ramnifications are very clear. He said People's Choice has been given every opportunity and we now need to revoke their license and he stated the loss to the comnunity is unfortunate. Upon question of Councilmember Wilson, Mr. Mann explained their reorganization plan and its timetable, and Mr. Hickman said there will be a continued effort with the reorganization plan. (Discussion continued on following page) 458 August 8, 1989 (Discussion continued from orevious gage) Councilmember Dimond moved approval of the.AW's findings of fact, conclusions and recommendations with the license of the People's Choice to be revoked. Councilmember Wilson said he saw People's Choice come into existence and the owner's have out their life savings into this establishment -but he referred to. need for substantial cash. flowand the need. for the Council to be consistent. on these matters.: He:said_he supports the.motion.for revocation and he encouraged the oeoole involved to reorganize. Councilmember Scheibel said he would rather see this item laid over with' representatives.of People's Choice to snow a olan'addressing all .issues referred to:;today: Councilmember. Dimond, spoke in,opoosition to that suggestion. Councilmember Sonnen,said she sees revocation as the opportunity for the people of, the:community'to.,start afresh with :the establishment 10 operate' as a'ban rather than a private club and she said she will su000rt the motion. Councilmember Rettman spoke in 'support of an indefinite suspension of the license fora complete reorganization, and Councilmember Dimond, spoke in 0000sition to an indefinite suspension. Councilmember:Scheibel said rhe is not with revocation and. said he would iike.to see their;olans. Councilmember Wilson said he will vote today for .revocation of-the license with the.. understanding he will seek additional information on the reorganization. plans between'.now and the time the resolution is, drafted and before us to vote on % Roll call.,on the motion to revoke the Private Club license of. the People's Choice: AdoptedYeas - 5 Nays - 1 (Scheibel) Councilmember Dimond moved the meeting be adjourned. Adopted Yeas - 6 Nay;-- AOJAURNE�4:05 P.M. . Council r-sident ATTEST:. Conies sent to Councilmen. AW, Minutes approved byCouncilA80 amk � y. f ,, k! MINUTES OF THE COUNCIL $'n 9:00 A.M AUGUST 10, 1989 COUNCIL CHAMBERS - CITY HALL&COURT HOUSE SAINT PAUL, MINNESOTA y " The meeting was called to,order by President Scheibel at 9:05 A.M. Present - 6 - Councilmembers"Dimond, Goswitzi Rettman, Scheibel, Sonnen, Wilson r . s :;, Absent - 1 - Councilmember Long (excused) MISCELLANEOUS 30. Recognition of youth volunteers for the month of August. Councilmembers recognized outstanding youth volunteers for the month of August: u - APPROVAL;OF MINUTES' F 1. Approval of City Council -minutes -for meetings of July 6, 11 and 13, 1989: - Councilmember Goswitz moved aouroval of the minutes. Adopted Yeas - 6 .. Nays - 0 a ORDINANCES - ... 2. Final Adoption - 89-10 - An ordinance amending Chapter 91 of the Administrative Code pertaining to procedures for'Dublic hearings "regarding public nuisances by t establishing an averageservice level of Dolice responses to private oroperty. at commence four in a twelve month 'period and authorizing the City Attorney to legal action against the owner of "the private property for unjust enrichment a, .r when police responses exceed level, (Community & Human Services Committee recommends approval - Laid over from Au ust 3rd) Councilmember Wilson explained the new draft amended which he stated is simply a consensus document. Councilmember Dimondreferred to and highlighted concerns of property owners. to 30 days and Councilmember Sonnen expressed concern with language referring said she feels it creates a loophole and she moved' the ordinance he amended to read "31 to 90 days after". Upon question of Council, Jane McPeak referred to the intent of the provision and said additional languagem�y be.needed to go peyoM the 31 days. Councilmember Dimond-sugggested--'the amendment be "at least -31 days after the first warrant is executed, and Councilmember Sonnen spoke in agreement to that language. Councilmember Rettman commended Councilmember Wilson for all his efforts. Councilmember Sonnen left the meeting at this point. ` Rick Igo, 302 Summit, appeared and also thanked Councilmember Wilson as well as the^full Council for fine-tuning this but he urged further language be hk J ordinance added referring to drug paraohernalia, and after much discussion on this subject Jane McPeak stated that adding language for drug paraphernalia then gets into N much definition and she recommended against adding that language. Allan and he r y Cederberg appeared and stated evictions are sometimes impossible referred to: tenants moving out without paying rent due. ,� F, Councilmember Wilson referred to rights of tenants as well as orooerty owners he does have leverage to and stated,, the ordinance "before Council today not any get rid of non-paying tenants and that is a separate problem -which the Council g has no jurisdiction over. (Discussion continued on following page) v rr. a t 460 - August 10, 1989 r (Discussion continued from previous page) - Councilmember Rettman referred to,the newly -established Housing Court as well as to a recently adooted State law. k ` Roll call on the amendment adding the language "at least 31 days after the first warrant is executed"., y z Adooted Yeas - 5 Nays - 0 1 h $ Laid ,over one: week to August 17th for Final-Adootion. Later in the meeting Councilmember Wilson moved reconsideration of this item and moved deletion of reference to any number of days and he referred to property owners acting in good faith. Roll call on the motion for reconsideration and the amendment to .delete reference to number of days. Adooted Yeas - 5 Nays - 0 - Laidover one week to August 17th for Final Adoption. - 3. First Reading - 89-1398 - An ordinance amending Chanter 409 of the. Legislative 7 Code pertaining to gambling managers by increasing allowable compensation to them and other emp_oyees be setting new wooer and lower limits for their. compensation. (Community & Human Services Committee recommends. aooroval) Laid over to August 17th for Second Reading. COMMITTEE REPORTS 4. Second Reading -,89-1001 - An ordinance amending. Section 409..26 of the r Legislative,,Code „allowing fines-,tp be, imoosed in lieu of suspensions. Homan (Community & Hyman Services. Committee recommends approval of substitute ordinance) Councilmember moved aooroval of the substitute ordinance. - Adooted Yeas - 5 Nays - 0 Laid over to Tuesday August 15th for Third Reading., 5. Resolution 85-i309 Authorizing prooer City officials to execute an agreement with MnDOT for reconstruction of 1-36E from Jackson to Cayuga Bridge. (Public Works Committee recommends approval) ,, Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 5 Nays -,0 6. Resolution - 89-1310 —Authorizing proper City officials'to execute an agreement with the; State of Minnesota for maintenance resoonsibilities on trunk highways within the City limits. ,(Public Works Committee recommends aooroval) . Councilmember Goswiti moved aooroval of the resolution. Adooted _ Yeas - 5 Nays 70 NEW BUSINESS - RESOLUTIONS 7. Resolution - 89-1399 - Amending the 1989 budget by adding $5,000 to the Financing, & Spending Plans for Community. Services Parks and Recreation Crosby Farm Park Nature Center donation. (FOR ACTION) Councilmember Rettman.moved aooroval of the resolution. Adooted Yeas - 5 Nays - 0 8. Resolution - 89-908 - Allocating $50,000 to the Police Department for continuation and expansion of the Beat Patrol Program for 1989 and transferring $25,000 to a contingent reserve fund to cover possible additional overtime costs related to the program and drug•law enforcement efforts. (Finance Committee i recommends denial - Laid over from August 3rd) - There was discussion and agreement on the need for having,reoresentatives from the Police, Budget and Mayor's Offices present and that this resolution will be 3 laid over one week with the City Clerk's Office to notify the respective reoresentatives to be present at that time to answer questions of Council. Laid over one week to August 17th. 461 - �,� { August 10, 1989 9. Resolution.,- 89-1400 -.Initiating a "consent agenda" for City Council, (FOR ACTION) Councilmember Scheibel,sooke in favor of this resolution to.use on a.trial basis and he suggested a possible sunset clause be added. Councilmember Dimond stated this would bestrictlyfor non,controversial items and it strictly an efficiency matter. Councilmember Scheibei requested Council use the consent agenda for a four, week period after which Council will review the process with the City Attorney's Office,to orovide the aoorooriate Administrative Code orovisions. Councilmember Rettman outlined her concerns to a consent agenda and after further.discussion she, agreed to the four week trial oeriod,as stated above. . Roll call on the resolution as amended, Adooted Yeas - 5 Nays 0 10. Resolution - 89-1323 - Establishing an AdvisoryI Committee on Environmentally Acceptable,,packaging and consenting, to appointments,; (Laid -over from July 27th) Councilmember Rettman sa d:.she spdke with Ora .Lee Patterson .of the ,Mayor's Office, and ,she, is, requesting a layover because the open appointment. process ended only yesterdayy and she needs time to out the recommendation together— Laid over one week to August 17th.:.,; 11. Resolution - 89-1401 - Authorizing payment to Melvin Roth in the amount of $2 698.66 for refund -of collected assessments and reinstating assessments to be coilected over,the;next-twenty years.; (FOR; ACTION) Councilmember Rettman moved approval of the resolution. Adopted, Yeas ,, 5 Nays -.0 12. Resolution- 89-1402 - Directing, property located at 1274 Sherburne be cleaned t and in the event the work is not completed the City may proceed to perform the necessary work. (FOR ACTION - Hearing held July 18th) Councilmembers Wilson and Rettman moved approval of the resolution. Adopted Yeas - 5 Nays r 0 13. Resolution' -..89-1403 - Directing the abatement of nuisance for property located at 1285 Sylvan be done and in the event the work is not com6lete the City. may Droceed to abate the nuisance. (FOR ACTION - Hearing held July 18th) Councilmember Rettman moved. aooroval of the resolution. Adooted Yeas - 5 Nays - 0 Councilmember. Wilson referred to his concern for repeated abatement nuisances and he said the only leverage available is the cost to property. owners should the City do the clean up work: Councilmember Scheibel stated he accented Councilmember Wilson's comments as a formal request to the City Attorney's Office to investigate repeated abatement nuisances and Jane McPeak stated she will look into the issue and Councilmember Rettman spoke in support of the issue. 14. Resolution - 89-1404 - Appointing persons as listed as Election Judges in orecincts as listed for the,upcoming September 12th Primary Election. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 5 Nays - 0 15. Resolution - 89-1405 - Approving City participation in the Minnesota Emaloyment and Economic Development Art (MEED), authorizing Droper City officials to execute a contract between the State Department of Jobs and Training, and amending the 1989 budget by adding $333,814 to the Financing 6 Spending Plans for the MEED program. (FOR ACTION) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 - 462 - August 10, 1989 ? 16. Preliminary Order - 89-1406 - Sidewalk construction and/or reconstruction on the i east side of Birmingham from E. 7th to York, the west side of Birmingham from E: _ 7th to Case, the south side of Case from Clarence to Birmingham, and i reconstruction with integral curb on the southeast side of W. 7th from Walnut to 26th. sA ,.x Ramsey. at 270 W. 7th, and setting date of public hearing for September' y i Councilmember Rettman moved approval of the order.-" Adopted - Yeas — 5 Nays - 0 " 17. Preliminary Order - 89=1407 - Condemning and taking temporary construction easement over and across the westerly 50 ft. of the easterly 60 ft. of lot 16, Area Sealer Blk. 4, Rice Street Villas in conjunction with the Albemarle/Nebraska 4 project, and setting date of public hearing for September 26th. 'i Councilmember Rettman moved approval of the order. •. Adopted Yeas - 5 Nays -,0 t, 2 18. Preliminary Orden - 89-1408 Condemning and, taking temporary construction easement over, and -across 81k. 2, Lots 10-12, Griebe-and Brester's Addn. in conjunction with the Marshall/Hamlin Area Sewer oroject, and setting date of s public hearing for September 26th. Councilmember Rettman moved aooroval of the order, Adopted Yeas - 5 Nays - 0 E 19. Preliminary Order -:89-1409 — Condemning and taking easements in land necessary forslopes, cuts and fills including. right of removal of lateral support occasioned by excavations thereof or construction" of slopes in the grading and paving of alley in Dawson's Rearrangement of Blk. 76 of Banning & Oliver's Addn. to W. St. Paul, and setting date of public hearing for September 26th. " Councilmember Rettmao moved"approval of.the order. Adopted Yeas - 5 Nays - 0 - } 20. Preliminary Order - 89-1410 - Improving the north/south alley in Dawson's Rearrangement of Blk. 76ofBanning & Oliver's Addn. to W. St. Paul by grading and paving the alley from Winona to Curtice for the area bounded by Curtice, Chiopewa, Winona and Delaware, and setting date of public hearing for September 26th. -' Councilmember Rettman moved aooroval of the order. Adopted Yeas - 5 Nays - 0 21. Resolution - 89-1411 - ADD roviny assessment for summary abatements property clear, up through the month of duly 1989, and setting date of public hearing for September 28th...: Councilmember Rettman moved aooroval of the resolution. Adooted' Yeas - 5 Nays - 0" PUBLIC HEARING 22. Hearing to consider the appeal of Ronald Gnetz to a decision of the Planning i Commission denying request for a nonconforming use permit for property located x at 2048-Bohiand to continue as a six unit apartment. nE a No one appeared. Councilmember Dimond said Councilmember Long has requested this item be laid �rr sk �t > over one week to August 17th. Laid over to August 17th. rt { - 463 - August 10, 1989 23. Hearing to consider the appeal of Jennie Charles to. a summary abatement order for property located at 2173 Nortonia. (Public Works Committee recommends denial) No one.apoeared in ouDosition. Councilmember Goswiii exolained Committee discussion and recommendation and he moved denial of the appeal. Adopted Yeas - 5 Nays - 0 The'appeal was denied. 24. Final Order 69-1412 - Sidewalk construction. and/or reconstruction for both sides of E. Hawthornefrom Van Dyke to N. Hazel. (Public Works Committee recommends aPProval) No one aooeared in ooDosition. Councilm6mber Goswitz moved aDoroval of the order. Adooted Y6s.- 5 Nays- 0 25. Final Order - 89-1413 - Sidewalk construction and/or reconstruction for both sides of Osceloa from S. Pascal to S. Albert. (Public Works Committee recommends. approval) No one appeared in ouoosition. Councilmembers Goswiti and Long moved aDDroval of the order. Adooted Yeas - 5 Nays - 0 26. Resolution - 89-1414 Approving ' ' with stioulation apolication for the transfer of location of Bingo;Hall and.Restaurant-Licenses currently held by The Military Order of the Purple Heart 95 located at 1060 University to 733 Pierce Butler Route. I I No one appeared in ooDosition. Councilmember Wilson moved aourlDval of the resolution. Adopted Yeas - 5 Nays - 0 27. Resolution - 89-1415 - Approving with stipulation apolication for Firearms License applied for by James K. Hyatt dba Jim's Gun' Repair located at 858 W. California. No one aooeared in 0000sition. Councilm1e1mber Rettmih requested a five week layover in order the meet with the District Council and she stated the License Division has been unable to contact the ' property owner. Laid over five weeks to September 14th. 28. Resolution - 89-1080 - Approving the renewal of On Sale Liquor, Sunday On Sale Liquor, Off Sale 3.2 Mali' and Restaurant Licenses held by BAL, Inc. dba Wabasha Bar located at 427 S. Wabasha. (Laid over from August 3rd) Councilmember Scheibel stated he received a letter from the property owner agreeing to stipulations outlined. Counci member Dimond moved approval of the substitute resolution with conditions. Adooted Yeas - 5 Nays - 0 29. Resolution - 89-1416 - Suspending licenses held by Pat -Con, Inc. dba Pat's Bar & Grill located at 719 N. Dale. (NOT CONTESTED) Tom Weyandt of the City Attorney's Office aooeared and oresented his staff report and referred to sufficient evidence in the Police report for a three day susoension of the license and he requested an amount be Paid between $40 to $50 dollars due to the license -holder cancelling and rescheduling dates and to the extra costs oaid because of that. Joel Montoetit aooeared representing Pat's Bar and Grill and explained why the hearing was oost66ned and rescheduled and he stated Mr. Conroy is present today. (Discussion continued on following page) - 464 - Z_ _� _7 I __ I E August 10; 1989 (Discussion continued from previous page) Uoon quest:ion.of:Councilmembers, Mr. Montpetit stated there no longer is gambling equipment on the property and that employee meetings have been held stating no gambling is Permitted and he apologized on behalf of Mr. Conroy. There was further discussion and Councilmember Dimond moved .that the: public hearing be closed. Roll call. Adooted Yeas - 5 Nays - 0 Councilmember Dimond moved that the license be suspended for three consecutive days with oayment,:up.to,$50 for extra costs involved setting up the hearing and. he stated'.. he sees no extenuating circumstances for -a lesser.` penalty. Roll call on the motion. Adopted Yeas - 5 Nays - 0. Councilmember Dimond moved the meeting be adjourned a Adopted Yeas - 5 Nays - 0 ADJOURNED AT 10:30 A.M. ouPresident ATTEST: Copies sent WCouncilmen Minutes approved by Council C i y er c ABO:omk i - 465 - l S j August 10; 1989 (Discussion continued from previous page) Uoon quest:ion.of:Councilmembers, Mr. Montpetit stated there no longer is gambling equipment on the property and that employee meetings have been held stating no gambling is Permitted and he apologized on behalf of Mr. Conroy. There was further discussion and Councilmember Dimond moved .that the: public hearing be closed. Roll call. Adooted Yeas - 5 Nays - 0 Councilmember Dimond moved that the license be suspended for three consecutive days with oayment,:up.to,$50 for extra costs involved setting up the hearing and. he stated'.. he sees no extenuating circumstances for -a lesser.` penalty. Roll call on the motion. Adopted Yeas - 5 Nays - 0. Councilmember Dimond moved the meeting be adjourned a Adopted Yeas - 5 Nays - 0 ADJOURNED AT 10:30 A.M. ouPresident ATTEST: Copies sent WCouncilmen Minutes approved by Council C i y er c ABO:omk i - 465 - �- jjSA � }� MINUTES OF THE COUNCIL c 9:00 A.M ter-n}, AUGUST 15, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE A' SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. `. 4fa Present - 7 - Councilmembers Dimond, Long, Goswitz, Rettman, Scheibel, Sonnen, Wilson Absent - 0 MISCELLANEOUS t } ' 53. Recognition of.retiring City of St. Paul employees. L Council recognized several retiring City employees and presented them with a Certificates of Recognition. APPROVAL OF MINUTES u 1. Approval of minutes for City Council meetings of July 13, 18, 20, 25, 26 and July: 27, 1989. Councilmember Dimond moved approval of the minutes. 1 Adopted Yeas - 7 Nays - 0 ORDINANCES 2. Final Adoption - 89-1275 - An ordinance amending Section 34 of the Civil Service ° Rules by establishing the classification of Public Health Division Manager in the Unclassified Services. Upon request of Councilmember Long this ordinance was laid over for one week to August,22nd. Laid over to August 22nd. 3. First Reading - 89-1419 - An ordinance amendingChapter 60 of the Legislative Code oertaining to Heliports Helistops: (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Councilmember Sonnen referred to and explained Items 8 and 9 on today's and said extensive discussion has been held in Committee. After considerable discussion there was agreement the hearings continue an this ordinance and if necessary after public hearing be referred to the Rules & Policy Committee for further discussion and review. Laid over to August 22nd for-Second.Reading. APPLICATIONS - COMMUNICATION _ - 4. Appeal of Clara Charles to a Summary Abatement Order for property located. at 1023 Dayton Ave. Councilmember Wilson moved a date of public hearing for Tuesday, August 29th. _ Adopted Yeas - 7 Nays - 0 x =i?466 - August 15, 1989 5. Aopeal of Dino Guerin to an order for removal of an oversized campaign sign. There was some discussion on this item and Ed Starr stated it is his understanding the Health Division is withdrawing the matter. Later in the meeting Frank Staffenson appeared and oresented his staff report stating his office received a complaint and they investigated the issue. Upon question of Council, Ed Starr stated if it is the Council's intent to cease this order of the appeal the Health Division needs to rescind its order and pursue another avenue and he statedthat the City Attorney's Office has been in communication with the staff of the Health Division on this matter. Mr. Staffenson requested the Legislative Code be amended for any future similar issues and he rescinded the Order of the Health Division and said he will issue a ticket pursuant to the ordinance. Filed (CC #13174) 6. Administrative Orders D-10372 through D-10380 were noted as on file in the City Clerk's Office. COMMITTEE REPORTS 7. Second Reading - 89-1082 - An ordinance amending Section 409 of the Legislative Code oertaining to the phasing out of Private .Club licenses in favor of On Sale Intoxicating Liquor Licenses. (Community & Human Services Committee recommends approval . ) Laid over to August 17th for Third Reading. 8. Letter of the Mayor submitting Planning Commission recommendations to the Metropolitan Council and Zoning amendments on Heliport Zoning study..(Housing & re Economic Development Committee submits following solution to reflect action.) (Seediscussion below) Laid over to August 17th. 9. Resolution - 89-1420 - Commenting on the Twin Cities regional heliport feasibility study. Councilmember Rettman referred to the last "whereas" clause and said she feels adopting this resolution before the related ordinance (Item No. 3 above) is adooted is inappropriate and she said she will not support this resolution absent a public hearing and findings of the ordinance. Councilmember Sonnen said it is important to adopt this resolution as the Metropolitan Council is taking is and is in the orocess of reorganization. Councilmember Dimond said we could use Item 8 as our basis in dealing the Met Council andnot act on this resolution today Roger Ryan of PED appeared and explained the findings made by the Planning Commission and answered questions of Councilmembers.. Councilmember Wilson said by acting on this resolution today in effect is approving what has not yet been studied. councilmember.Scheibel said he realizes there is a timeline but he feels the language is confusing, r Councilmember Dimond requested and there was agreement this resolution and.the above Item No. 8 be laid over to Thursday, August 17th for a clearer understanding of the language. Laid over to Thursday, August 17th. NEW BUSINESS - RESOLUTIONS 10. Resolution - 89-1421 - Changing the rate of pay for Food Quality Control Suoervisor Board of Education in the Salary Plan & Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 467 - n _ �: ES-1 1. piX ky i iv S ( August 15, 1989 11. Resolution - 89-1422 - Establishing the rate of Day for Driver Operator Water Utility in the Salary Plan & Rates of Compensation Resolution. (First Reading - f ° Ora FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. N' x :- 12. Resolution - 89-1276 - Establishing the rate of Day for Unclassified title of 7x + �; Public Health Division Manager in the Salary Plan & Rates of Comoensation Resolution. (Second Reading & Adoption - Laid over from August 1st) Laid over one week to Tuesday, August 22nd. 13. Resolution - 89-1423 - Amending the 1989 budget and adding $11,706 to the Financing & Spending Plans of General Fund - Fire Deoartment salaries - TO THE FINANCE COMMITTEE) overtime. (FOR REFERRAL Referred to the Finance Committee. 14. Resolution - 89-1424 - Amending the 1989 budget and adding $52,451.96 to the wµ Financing & Spending Plans for Friends of the Library. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred'tb the Finance Committee. 15. Resolution - 89-1425 - Amending the 1989 budget and adding $30,000 to the Financing & Spending Plans for Community Services Library materials. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 16. Resolution - 89-1426 - Amending the 1989 budget and adding $24,240 to the Financing'& Soending Plans for General Fund PED 1990 U.S. Decennial Census. r ; (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 17. Resolution - 89-1427 - Amendingg the 1989 budget and adding $8,673 to the Financing' & Spending Plans for G.O. Special Assessment, 1987 and 1988 Bonds - arbitre interest earnings. (FOR REFERRAL TO THE FINANCE COMMITTEE) ag ,t Referred to the Finance Committee. 18. Resolution - 89-1428 - Amending 'the -1989 budget and adding $123,194 to the c. Financing & Spending Plans for General Debt Service Fund, 1987 and 1988 Bonds - arbitrage interest earnings. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 19. Resolution - 89-1429 - Amending the 1989 budget and adding $118;850 to the Financing & Spending Plans for Sewer Service Bond Fund - arbitrage interest earnings. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 20. Resolution -'89-1430 - Amending the 1989 budget and adding $12,000 to the Financing & Spending Plans for Downtown & 7th Place TIGO Debt Service - arbitrage interest earnings. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. R 21. Resolution - 89-1431 - Amending the '1989 budget and adding $7,000 to the — Financing & Spending Plans for Park Nursery Development TIGO Debt Service - arbitrage interest earm ngs. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. sr — 71 22. Resolution - 89-1432 - Amending the 1988 CIB budget by adding $5,761.38 to s� finance the Winthroo Street Lighting project. (FOR REFERRAL TO THE FINANCE COMMITTEE) t Referred to the Finance Committee. August 15, 1989 23. Resolution - 89-1433 - Accepting contributions of $50,050 from West Publishing v Co., Gustavus Adolphus College, Hubbard Broadcasting Co., Executive Women in International, Twin City Federal Banking & Savings, and H. B. Fuller Co. Program. (FOR ACTION) sutoort of the DA.R.E. Y 4 Councilmember.Rettman moved aunroval of the resolution. Adopted Yeas - 7 Nays - 0 rt 24. Resolution - 89-1434 - Aooroving the a000intments by the Mayor of Bernard Brady, Mary Alton, Robert Murmne, Dr. Jan Meyer and William H. Rupp, Jr. to serve as members of the Ethical Practices. Board. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) r Referred to the Rules & Policy Committee. 25. Resolution - 89-1435 - Aooroving appointments by the Mayor of Mary Ann Sudeith TO THE and Lyn Burton to serve as members of the Port Authority. (FOR REFERRAL HOUSING &ECONOMIC DEVELOPMENT COMMITTEE) would to the After some discussion there was agreement this item be referred August 24th: Housing & Economic Development Committee and laid over to Thursday, Laid over to August 24th. 26. Resolution - 89-1436 - Aooroving actions by the St. Paul Board of Appeals & Review on June 13 1989 and for orooerties at 701 Jenks Ave., Lothar Horn, appellant; 1074 York Ave., James J. Schumacher, aooellant; 1123 Burnqquist Ave. 1266 Lee 0. Sanny, appellant; 20 E. Exchange, Central Towers, Inc., aooellant; Forest i, aooellant; 58 Laurel Ave., Dennis Louie, aooellant; St., John D. Lenz Ln., e 807 Ho11y,;Thomas Zahn, aooellant; and 1560/61, 1570/71, 1580/81 Wheelock Gaughan Co. aooellant. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-1437 - Aooroving actions .by the St. Paul Board of Aooeals & Review on June 13, 1989 and for orooerties at 1006 Summit Ave., Arthur Dickey Arch., Steven H. Belmont, aooellants; 959/961.7th St. E., Richard Kedrowski, N. Snelling 4. aooellant, 1123 Burnquist Ave., Lee 0. Sanny, aooellant and 823 Ave., Beta Kappa Corp. and Geoffrey Miller appellants. (FOR. ACTION) Councilmember Rettman moved aooroval of the resolution. i Adopted Yeas - J 26. Resolution - 89-1438 - Requesting the Department of Transportation to determine the maximum, safe_soeed on Marshall Ave. from Victoria St. to Mississiooi River ' and Jefferson Ave. from Victoria St. to Lexington Parkway. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 29. Resolution - 89-1439 - Establishing Storm Sewer System Charge rates for 1989. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Councilmember Goswitz stated there is no need for this item to be referred to Committee and he said we can vote on it today as the rates have not changed from j last year.• Upon question of Council, Roxanne Flinck appeared and said these are the rates — for 1989 as set by Council in 1988. Council member.Dimond further explained these rates were set last year and this - is the implementation of those rates and that nothing is changed on the rates set by Council. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 470 - August 15, 1989 30. Resolution - 89-1440 - Approving Assessment for Sylvan/Acker Area Street Paving & Lighting Project and the Sylvan/Acker Area supplement, and setting date of hearing for September 26th. Councilmember Wilson moved approval of the resolution. Adooted Yeas - 7 Nays - 0 31. Resolution - 89-1441 - Approving Assessment for construction of the Sylvan/Acker Area Storm Sewer Project, and setting date of hearing for September 26th. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 32. Resolution - 89-1442 - Approving Assessment for Storm Sewer Service Stub Connections in conjunction with the Payne/Arcade East Sewer Project and the Flandrau/Idaho Area Storm Sewer Project, and setting date of public hearing for September 28th. Cohncilmember Wilson moved aooroval.of the resolution. l- t, Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 33. Third Reading - 89-1001 - An ordinance amending Section 409.26 of the Legislative Code allowing fines to be imposed in lieu of susoensions. (Community &,Human Services Committee recommends approval of substitute ordinance) Councilmember Rettman explained Committee discussion and the substitute ordinance. Councilmember Dimond stated this is a good resolution but he expressed concern with fines versus days of suspension. He said he is willing to try this resolution with the understanding there may be reconsideration in the future. Councilmember Sonnen said she shares the concerns expressed by Councilmember Dimond as well as her concern of no guidelines nor does it refer to off -sale zn establishments. Councilmember Wilson said off -sale establishments was discussed in Committee and a separate draft ordinance will be coming in the near future. 'Fluery, Pat President of the Hospitality Association, appeared and spoke in support of the ordinance and he pointed out it is for first offense situations only and he sees no problem with the ordinance. No one else appeared. Laid over to August 29th for Final Adoption. 34. Third Reading - 89-1081 - An ordinance amending Chanter 331 of the Legislative Code pertaining to food licensing by authorizing the process of the summary closing of licensed food establishments, enacting the standards upon which closings should take olace and establishing a hearing and appeal process subsequent to a summary closing. (Community & Human Services Committee submits to Council without recommendation - Laid over from duly 18th) Councilmember Scheibel stated he received a call from Mr. Henry Crystal who is unable to attend this hearing today and he is requesting the opportunity to meet and speak with staff of the Health Division and restaurant owners. Councilmember Rettman explained why she authored this ordinance and stated she is not prepared in any way to change it as she has been told these are the absolute minimum standards. Councilmember Sonnen said she is uncomfortable with the ordinance and she feels we need to take more time to look at it and she suggested we proceed in a tempered fashion and be open to amendments. Couhcilmember Wilson said it is a question of whether this should be implemented }--- by the Council or through the Administration and that it is a check and balance l system. He said he feels it would be better to have further extensive discussion with the public hearing to remain open as long as necessary. (Discussion continued on following page) - 470 - x+ - 470 - August 15, 1989 (Discussion continued from previous wge) Frank Staffenson aooeared and stated this ordinance is not a standard Procedure and would be used on an emergency basis only and he stated he sees this ordinance as a better means. of protectingthe public health of our citizens Tom Newcomb, attorney representing the Minnesota Restaurant/Hotel/Motel Association, aooeared and said some of the language in this ordinance concerns his clients and he requested a layover in order for his clients to be able to come in with their concerns. He said the Association wants good enforcement but they do have some concerns. Upon question of Councilmember Long, Mr. Newcomb stated Roger Moberg is the current president of the organization and that he is reoresenting the Minnesota Association. Councilmember Long spoke in support of laying this over to hear further public testimony. After considerable discussion there was agreement this item be laid over for two weeks with the public hearing to be continued. Laid over to August 29th. 35. Resolution - 89-1443 - Ordering the removal and oroper disoosal of refuse' located on property at 997 Kennard Street, 995 Kennard and adjoining lots. (FOR ACTION) No one appeared in 0000sition. Frank Staffenson stated this property has been Properly cleaned up. Councilmember Goswitz withdrew the resolution. Withdrawn. 36. Hearing to determine whether "Gang Graffiti" exists on Property described as 168 N— Chatsworth Street. Councilmember Scheibel said he spoke with a representative of the Property owner and that the-gan .graffiti .has been removed. Councilmember Wilson referred to a phone conversation he had with staff of the Police Department which indicated the gang graffiti has been painted (ov CC #13175) No action taken. 37. Final Order - 89-1444 - Acquiring part of Blk. 13, Foundry Addition in conjunction with: the. Western/Atwater ponding project. (Laid over two weeks in Public Works Committee) Laid over for two weeks to August 29th. 38. Final Order - 89-1445 - Condemning and taking oermanent utility easement 30 ft. in width under and across part of Lots 10-12 Blk. 12, Merrill's Division of Rice Street Villas and oart of vacated W. Nebraska in conjunction with the Albemarle/Nebraska Sewer Separation project. (Public Works Committee recommends approval) No oneaooeared in 0000sition. Counci 1 member Goswiti moved aooroval of the order. Adooted Yeas - 7 Nays - 0 39. Final Order - 89-1446 - Condemning and taking a oermanent utility easement in conjunction with the Arcade/Minnehaha Area Sewer Separation project. (Public Works Committee recommends aooroval) No one aooeared in 0000sition. Councilmember Dimond moved approval of the order. Adopted Yeas - 7 Nays - 0 40. Final Order - 89-1447 - Constructing concrete curb on Minnehaha between Stroh Drive and vacated Greenbrier in conjunction with the Arcade/Minnehaha Street Paving & Lighting project. (Public Works Committee recommends aooroval) No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the order. Adopted Yeas - 7 Nays - 0 - 471 - AN August 15, 1989 41. Resolution - 89-1448 - Ratifying assessment for the installation of sanitary sewer service connections in conjunction with the Jackson/Sycamore Storm Sewer oroject. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 42. Resolution - 89-1449 -'Ratifying assessment for Seventh Place Mall Operation and Maintenance Costs for 1988. (Public Works Committee recommends aooroval) No one appeared in 0000sition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 43. Final Order: - 89-1450 - Approving Seventh Place Mall Ooeration and Maintenance Costs for 1989. (Public Works Committee recommends aooroval) No one appeared in 0000sition. Councilmember Goswitz moved aooroval of the order.', Adopted Yeas•- 7 Naysl- 0 44. Resolution - 89-1451 - Ratifying assessment for boarding up of vacant buiidings through April 1989 for property at 411 Morton. (Laid over from August 8th) _ No one aooeared in 0000sition. Counciimember Scheibel said he met with the present Drooerty owner and he stated this previously had been owned by HUDandhe stated he feels we should not charge the present owners with the assessment. Upon question of Councilmember Dimond, Frank Staffenson said as late as May 17th the tax records indicated HUD as ,the owner of the orooertyy Councilmember Dimondstatedhe feels we should hold HUD responsible and he suggested Councilmember Wilson invite representatives of HUD as well as other organizations to one of his Committee meetings to go -over these issues as they relate to assessments, and Councilmember Wilson indicated he will do that. Councilmember Scheibel said he believes HUD has acted very irresponsible. Frank Staffenson urged Council not to change the ordinance too much and he referred'to the need to recover costs for assessments. Councilmember Wilson requested a two.week layover and said he will contact HUD between now and then. Laid over for two weeks to August 29th. 45. Resolution - 89-1452 - Approving aoDlication for the renewal' -of State Class- B Gambling License applied for by Trade Lake Camp at B.V. Peppercorn's iocated at 1178 Arcade. No one aooeared in 0000sition. - -. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 46. Resolution - 89-1453- Approving aoolication for Gambling Manager's License applied for by E. Thomas Bauer dba Lake Camp at B.V. Peppercorn's located at 1178 Arcade. No one appeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 47. Resolution - 89-1454 - Approving/denying application for State Class B Gambling License applied for by St. Casimir's Ushers Club at Schwietz's Bar located at 956 Payne. Khris Van Horn of the Licensing Division aooeared requested this item be withdrawn and that the following two related items be laid over indefinitely, Withdrawn. - 472 - August 15, 1989 48. Resolution - 89-1455 - Aooroving/denying application for Gambling Manager's License applied for by Jerry Tri dba St. Casimir's Ushers Club at Schwietz's Bar located at 956 Payne. (See discussion above) Laid over indefinitely. 49. Resolution - 89-1456 - Aooroving/denying application for Class A Gambling Location License applied for by Will, Inc. dba Schwietz's Bar located at 956 Payne discussion above) Laid over indefinitely. 50. Resolution -89-1457 - Approving application for State Class B Gambling License applied,for by the Cystic Fibrosis Foundation at Vogels Parkside Lounge located. at 1181 Clarence. No one appeared in 0000sition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 51. Resolution - 89-1458 - Aooroving application for Class A Gambling Location License by:Vogel's Parkside•Lounge,I66. dba Vogels Parkside Lounge located at 1181 Clarence. No one aooeared in 0000sition. Councilmember Goswitz moved approval of the, resolution. Adopted Yeas - 7, Nays - 0 52. Resolution - 89-1459 -Approving application for GamblingManager's License applied for.by Paul Schleicher dba Cystic Fibrosis Foundation at Vogel's Parkside.Lounge. No one appeared in 0000sition. Councilmember Goswiti,moved approval of the resolution. Adopted . Yeas - 7 Nays - 0 Councilmember Dimond moved.that the rules be susoended to consider ,an .item not. on the,agenda.oertaining to licenses held by the People's Choice. Roll call on suspension of rules. Adopted Yeas - 7 Nays - 0 Resolution - 89-1489 -.Revoking the Private. Club, Restaurant and other licenses, . held by BUT, Inc. dba.Peoole's Choice located at 920 Selby Avenue and adopting the Findings of Fact, Conclusion of Law, Recommendation and Memorandum of the Administrative Law Judge. Councilmember Dimond moved.armroval of the resolution. Councilmember Wilson said he previously stated he would meet with Alma Joseph and Jim Mann regarding reorganization of the Club but upon review by the City Attorney's Office, he was informed he could not hold that meeting and he referred to andread a'memo he orenared and distributed to Ms. Joseph and Mr. Mann and he stated he will be voting in support of the revocation. Councilmember Scheibel said ,previously he believed that Council should look at the subject of reorganization further but based upon further information he, will bevoting in support of the resolution. Councilmember Dimond called the question. Roll, call on approval of the resolution revoking licenses of People's Choice. Adopted Yeas - 7 Nays 0 473 - `cwt _ 77 - 474 MINUTES OF THE COUNCIL 9:00 A.M AUGUST 17, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 7 - Councilmembers Dimond, Long, Goswitz, Rettman, Scheibel, Sonnen, Wilson Absent - 0 ORDINANCES 3. Second Reading - 89-1398 - An ordinance amending Chapter 409 of the Legislative Code 'pertaining to gambling managers by increasing allowable compensation to them and other employees by setting new upper and lower limits for their compensation. (Community & Human Services Committee recommends approval) Laid over to August 22nd for Third Reading. 4. First Reading - 89-1460 - An ordinance amending Chapter 183 of the Legislative Code pertaining to human rights by repealing sections dealing with the director and the commission and renumbering the remaim ng provisions which deal only with enforcement. (FOR REFERRAL TO THE COMMUNITY &HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 5. First Reading - 89-1461 - An ordinance amending the Administrative Code by adding a new chapter establishing a Department of Human Rights and creating the position of director for said department. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 6. First Reading - 89-1462 - An ordinance amending the Administrative Code by adding a new chanter establishing a Human Rights Commission. (FOR REFERRAL TO THE COMMUNITY & HOMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 2. Final Adootion - 89-10 - An ordinance amending Chanter 91 of the Administrative Code pertaining to orocedures for public hearings regarding public nuisances by authorizing the billing of a real orooerty owner for the cost of oolice enforcement activities incurred in the execution of a search warrant on the orooerty of an owner when an illegal drug or drugs are recovered thereon and subsequent legal action, as aoorooriate, if the bill is not paid. (Community & Human Services Committee recommends approval - Laid over from August 10th) Councilmember Wilson presented a brief summary of this ordinance and expressed aooreciation for support of the Council, the Anti Drug Task Force and the Mayor's Office and he said this ordinance will helo make our City a drug free comnunI Roll call on approval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. 517674 APPLICATIONS - COMMUNICATION 7. Letter of the City Attorney's Office announcing date of public hearing for August 28th before an Administrative Law Judge oertaimng to possible adverse action against licenses for the Caravelle Restaurant located at 799 University Avenue. Filed (CC 513176) - 475 - � k MINUTES OF THE COUNCIL 9:00 A.M AUGUST 17, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 7 - Councilmembers Dimond, Long, Goswitz, Rettman, Scheibel, Sonnen, Wilson Absent - 0 ORDINANCES 3. Second Reading - 89-1398 - An ordinance amending Chapter 409 of the Legislative Code 'pertaining to gambling managers by increasing allowable compensation to them and other employees by setting new upper and lower limits for their compensation. (Community & Human Services Committee recommends approval) Laid over to August 22nd for Third Reading. 4. First Reading - 89-1460 - An ordinance amending Chapter 183 of the Legislative Code pertaining to human rights by repealing sections dealing with the director and the commission and renumbering the remaim ng provisions which deal only with enforcement. (FOR REFERRAL TO THE COMMUNITY &HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 5. First Reading - 89-1461 - An ordinance amending the Administrative Code by adding a new chapter establishing a Department of Human Rights and creating the position of director for said department. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 6. First Reading - 89-1462 - An ordinance amending the Administrative Code by adding a new chanter establishing a Human Rights Commission. (FOR REFERRAL TO THE COMMUNITY & HOMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 2. Final Adootion - 89-10 - An ordinance amending Chanter 91 of the Administrative Code pertaining to orocedures for public hearings regarding public nuisances by authorizing the billing of a real orooerty owner for the cost of oolice enforcement activities incurred in the execution of a search warrant on the orooerty of an owner when an illegal drug or drugs are recovered thereon and subsequent legal action, as aoorooriate, if the bill is not paid. (Community & Human Services Committee recommends approval - Laid over from August 10th) Councilmember Wilson presented a brief summary of this ordinance and expressed aooreciation for support of the Council, the Anti Drug Task Force and the Mayor's Office and he said this ordinance will helo make our City a drug free comnunI Roll call on approval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. 517674 APPLICATIONS - COMMUNICATION 7. Letter of the City Attorney's Office announcing date of public hearing for August 28th before an Administrative Law Judge oertaimng to possible adverse action against licenses for the Caravelle Restaurant located at 799 University Avenue. Filed (CC 513176) - 475 - -476- August 17, 1989 rx 8. Letter of the City Attorney's Office announcing date of public hearing for i August 30th before an Administrative Law ,Judge pertaining to possible adverse action against licenses for Grand Auto located at 984 University Avenue. Filed (CC #13177) 9. Letter of the Mayor's Office announcing a vacancy on the Mayor's Advisory � l 'Yr (CC #13178) C@l11TTEE REPORTS 10. Second Reading 89-897 - An ordinance amending Chapters 369 and 370 of the Legislative Code oertainin .to building trades business licenses and g certificates t.' of competent y. (Finance Committee recommends denial or withdrawl) Councilmember Scheibel withdrew the ordinance. -476- August 17, 1989 rx 8. Letter of the City Attorney's Office announcing date of public hearing for August 30th before an Administrative Law ,Judge pertaining to possible adverse action against licenses for Grand Auto located at 984 University Avenue. Filed (CC #13177) 9. Letter of the Mayor's Office announcing a vacancy on the Mayor's Advisory Committee .for Peoole with Disabilities. Filed: 'Yr (CC #13178) C@l11TTEE REPORTS 10. Second Reading 89-897 - An ordinance amending Chapters 369 and 370 of the Legislative Code oertainin .to building trades business licenses and g certificates t.' of competent y. (Finance Committee recommends denial or withdrawl) Councilmember Scheibel withdrew the ordinance. Withdrawn. 11. Resolution - 89-1238 - Amending Section 2B,B of the Civil Service Rules a , pertaining to compensation. (Second Reading & Adoption - Finance Committee recommends approval)„ Counci;lmember,)Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 12. Resolution --.,89-,860,- Amending the Salary Plan:and Rates ofsComoensation regarding Unclassified Positions. (Finance Committee recommends aooroval of a substitute resolution) Councilmember Long moved aooroval of the substitute, resolution. Adooted, . :.,Yeas: J Nays,- 0 1 13. Resolution - 89-.1181 - Granting wage and benefit provisions of contracts between J and the City and the Supervisors Organization to non -represented managers who lected not to be ,covered .by the new Manager's Wage and Benefit Policy. Finance recommends aoproval) ouncilm.be r Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 14. Resolution "- 89-351 - Amending the 1989 budget by transferring $32,062 from Contingent Reserves to Police Administration for full time position to oversee license renewal and application process. (Finance Committee recommends aooroval ) Counciimember Long moved aooroval of the substitute resolution. Adopted Yeas - 7 Nays - 0 15. Resolution - 89-1153 -Amending the 1989 budget by adding $17,068 to the Financing & Spending Plans for Fire & Safety Services Administration.- (Finance Committee recommends item be withdrawn) Councilmember Long withdrew the resolution. Withdrawn. 16. Resolution - 89-1004 - Amending the 1989 budget by adding $112,000 to the Financing & Spending Plans for Community Services Utility Needs. (Finance — P, Committee recommends approval as amended) Councilmember Long moved aooroval of the resolution as amended. Adopted Yeas - 7 Nays - 0 i a 17. Resolution - 89-1024 - Amending the 1989 budget by adding $23,500 to the Financing & Spending Plans for Community Services Division of Libraries k Maintenance Services. (Finance Committee recommends aooroval as amended) Councilmember Long moved aooroval of the resolution as amended. Adopted Yeas - 7 Nays - 0 -476- August 17, 1989 18. Resolution - 89-1272 - Declaring intent to reopen negotiations in an attempt to resolve firefighters issue. (Finance Committee recommends aooroval of a substitute resolution) Councilmember Long explained and moved approval of the substitute resolution. Adopted Yeas - 7 Nays - 0 19. Resolution - 89-1242 - Approving the appointments by the Mayor of Jerome Lantry, LeClair. Lambert, Donald Larson and Richard Swanberg to serve on the Civic Center Authority. (Finance Committee recommends aooroval) Councilmember Dimond moved this resolution tie referred back to Committee as the groper aoolication process has not been filled out by the members. Ora Lee Patterson of the Mayor's Office appeared and said all information was distributed to'Councilmembers and she explained current information is contained on their -computer system. Councilmember Long stated the concensus has been on reappointments to not have an extensive search and he feels it is appropriate to act on this resolution today. Later in the meeting Ms. Patterson appeared and distributed a copy of the applications and explained the application is a generic one. Councilmember Dimond stated he feels we are trying to move in a hasty manner and because there is no urgency he moved again to send this resolution back to Comnittee. - Councilmember Wilson said he respects Councilmember's rights to seek additional information but all applicants are well -known -and he spoke against .referring this back totCoanittee. rll Roll call on the motion to refer this resolution back to Committee. Yeas -11 �Dimond) Nays - 6 Goswitz/Long/Rettman/Scheibel/Sonnen/Wilson) Motion failed of adoption. Councilmember Rettman .moved aooroval of the resolution and after considerable discussion roll was called on aooroval of the motion to aoorove. Adopted - Yeas'- 6 Nays - 1 (Dimond) OFFICIAL. COWNICATION OF THE MAYOR 1. Presentation of proposed 1990 budget for the City of St. Paul by Mayor George Latimer. Mayor George Latimer appeared and Presented his proposed 1990 budget for the City.of St. Paul. At this time the Council recessed and reconvened at 10:15 A.M. Councilmember Wilson left at this Point and returned later in the meeting. 20. Resolution.- 89-1343 - Amending the 1989 budget by adding $8,000 to the Financing & Spending Plans and accepting grant from BCED Development Company to the City's Purchasing Division for Targeted Business Program. (Housing & Economic Oevelooment Committee recommends aooroval with amendment) Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Wilson arrived at this point in the meeting. j August 17, 1989 18. Resolution - 89-1272 - Declaring intent to reopen negotiations in an attempt to resolve firefighters issue. (Finance Committee recommends aooroval of a substitute resolution) Councilmember Long explained and moved approval of the substitute resolution. Adopted Yeas - 7 Nays - 0 19. Resolution - 89-1242 - Approving the appointments by the Mayor of Jerome Lantry, LeClair. Lambert, Donald Larson and Richard Swanberg to serve on the Civic Center Authority. (Finance Committee recommends aooroval) Councilmember Dimond moved this resolution tie referred back to Committee as the groper aoolication process has not been filled out by the members. Ora Lee Patterson of the Mayor's Office appeared and said all information was distributed to'Councilmembers and she explained current information is contained on their -computer system. Councilmember Long stated the concensus has been on reappointments to not have an extensive search and he feels it is appropriate to act on this resolution today. Later in the meeting Ms. Patterson appeared and distributed a copy of the applications and explained the application is a generic one. Councilmember Dimond stated he feels we are trying to move in a hasty manner and because there is no urgency he moved again to send this resolution back to Comnittee. - Councilmember Wilson said he respects Councilmember's rights to seek additional information but all applicants are well -known -and he spoke against .referring this back totCoanittee. rll Roll call on the motion to refer this resolution back to Committee. Yeas -11 �Dimond) Nays - 6 Goswitz/Long/Rettman/Scheibel/Sonnen/Wilson) Motion failed of adoption. Councilmember Rettman .moved aooroval of the resolution and after considerable discussion roll was called on aooroval of the motion to aoorove. Adopted - Yeas'- 6 Nays - 1 (Dimond) OFFICIAL. COWNICATION OF THE MAYOR 1. Presentation of proposed 1990 budget for the City of St. Paul by Mayor George Latimer. Mayor George Latimer appeared and Presented his proposed 1990 budget for the City.of St. Paul. At this time the Council recessed and reconvened at 10:15 A.M. Councilmember Wilson left at this Point and returned later in the meeting. 20. Resolution.- 89-1343 - Amending the 1989 budget by adding $8,000 to the Financing & Spending Plans and accepting grant from BCED Development Company to the City's Purchasing Division for Targeted Business Program. (Housing & Economic Oevelooment Committee recommends aooroval with amendment) Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Wilson arrived at this point in the meeting. August 17, 1989 =`'•. , '' 21. Resolution - 89-1344 - Approving funding priorities and budgets for six projects 1 in compliance with the Neighborhood Partnership Program requirements and extending aopreciation to all applicants in developing proposals for,the 12th cycle of the NPP. (Housing & Economic Development Committee recommends Ml aooroval) tt Councilmember Rettman moved approval with an amendment that the fiscal agent be the PAC for District 5 as it Pertains to the Payne. Phalen crime prevention F Couoroncilmember Goswitz expressed concern with the selection Process. d Roll call on aooroval of the resolution as amended. Adopted Yeas - 6 Nays - 1 (Goswitz) 22. Resolution - 89-1307 - Amending.C.F. 89-802 adopted June 27, .1989 pertaining to new fees for zoning and environmental reviews 'by deleting language relative to the $200 maximum penalty. (Housing & Economic Development Committee recommends € approval) Councilmember Wilson moved aooroval of the resolution. ., Adooted Yeas - 7 Nays.- 0 NEN BUSINESS - RESOLUTIONS ' 23. Resolution - 89-908 - Allocating $50,000 to the Police Department for continuation and expansion of the Beat Patrol Program for 1989 and transferring $25,000 to a contingent reserve fund to cover Possible additional overtime costs related to the Program and drug law enforcement efforts. (Finance Committee recommends denial - Laid over from August 10th) Councilmember Wilson said he met Deouty Chief John Sturner and other members of the Police staff who are in continued support of this effort and he referred to certain oeriods of time where there is no patrol.and he referred to the need for round-the-clock Patrol coverage. He said .the Police Deoartment has agreed to go through a 90 -day pilot Program with funds to be allocated for overtime in order to institute the day beat Patrol program and he said he will be bringing in the Property budget resolution. Councilmember Rettman spoke in support of the resolution. Councilmember Scheibel also spoke in support of the resolution and said this resolution will be. w.ithdrawn.with the new one to be brought in when it is orenared. Withdrawn. 24. Resolution - 89-1323 - Establishing an Advisory Committee on Environmentally Acceptable Packaging and consenting to appointments. (Laid over from August 10th) Councilmember Long distributed conies of an amended resolution adding three additional persons at. -the request of the Mayor and he .moved aooroval of the 9k substitute resolution. I Councilmember Rettman said this is a good compromise and said she will support the resolution. Roll call on aooroval of the substitute resolution. Y Adopted Yeas - 7 Nays - 0 25. Resolution - 89-1463- Amending.the 1989 budget by adding $45,OOO.to the Financing & SpendingPlans for Special Accounts Government Responsiveness Program. (FOR ACTIO i Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 t� i rr - 478 - August 17, 1989 26. Resolution - 89-1464 - Amending the 1989 budget by adding $316,672.32 to the Financing & Spending Plans for Public Works equipment. (FOR ACTION) Upon request of Councilmember Rettman this resolution was referred to the Finance Committee. Later in the meeting Councilmember Goswitz stated this item was already discussed in the Public Works Committee and after some discussion he moved approval of the resolution. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-1465 - Amending the 1988 CIB budget by adding $120,648 for the E. 7th Street trestle reconstruction Project between Payne and Mounds Blvd. (FOR ACTION) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-1466 - Approving the Energy Park Tax Increment Financing Plan and Restated Joint Powers Agreement including Twin Testing Development Area. (Housing & Economic Development Committee recommends aooroval) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 29. Resolution - 89-1467 - Saving and holding harmlessRamsey County for Cit 's usage of the Ramsey County Showmobile in connection with KIDSDAY on October 14, 1989. (FOR ACTION) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-1468 - Authorizing the issuance of refund in the amount $575 to Belfany Homes, Inc. on Payment made for property located at 601 Burlington Road for Sewer Availability Charge. (FOR ACTION) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-1469 - Authorizing District Councils to use funds allocated for neighborhood clean up projects in addition to Neighborhood Cleanup Day and that District 15 Community Council is authorized to utilize its Neighborhood Cleanup allocation for orinting and distribution of solid waste reduction and recycling brochure. (FOR'ACTION) Upon request of Councilmember Rettman this item was referred to the Finance Committee. Referred to the Finance Committee. 32. Resolution - 89-1470 - Directing the abatement of nuisance for property located at 856 Carroll be done and in the event the work is not comoleted'the City may proceed for perform the necessary work. (FOR ACTION - Hearing held July 27th) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 33. Resolution - 89-1471 - Directing the abatement of nuisance for property located at 423 E. Jessamine be done and in the event the work is not completed the City mayproceed for Perform the necessary work. (FOR ACTION - Hearing held June 20th) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 34. Resolution - 89-1472 - Directing the abatement of nuisance for Property located at 930 Marshall be done and in the event the work is not completed the City may proceed to perform the necessary work. (FOR ACTION - Hearing held June 6th) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 >_ 1 - 479 - August 17, 1989 35. Resolution - 89-1473 - Directing the abatement of nuisance for property located at 874 Marion be done and, in the event the work is not completed the City may oroceed for oerform the necessary work. (FOR ACTION - Hearing held July 11th) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-1474 - Affirming a decision by the Board of Zoning Appeals and denying the appeal of Nguyen Tuan and directing Mr. Tuan to remove the illegal encroachment and bring into compliance property located at 1359 Blair within 60 days. (FOR ACTION - Hearing :held July 27tH) Councilmember, Sonnen.moved approval of,the resolution. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-1475 - Affirming a decision by the Board of Zoning Appeals and denying the appeal of Bernard Waltzing for a setback variance for orooerty located at 2214 St. Anthony.; (FOR ACTION - Hearing held July 20th) Councilmember Sonnen moved approval of the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS .' 38. Third Reading - 89-1082 -,An ordinance amending Section 409 of the Legislative Code pertaining to the phasing out of Private Club licenses in favor of On Sale Intoxicating Liquor Licenses. (Community & Human Services Committee recommends approval) No one appeared in opposition. Councilmember Sonpen expressed some concern and after considerable discussion on this ,item there. was agreement_ that further discussion, would be held at Final Adoption if issues have not been cleared uo before that time. Laid over to August 24th for Final Adoption. 39. Hearing to consider the aopeai of Ronald Goetz to a decision of the Planning Commission denying request for a nonconforming use permit for property located at 2048 Bohland to continue as a six unit apartment: (Laid,over from August 10th) Councilmember Long stated the attorney representing Mr. Gnetz has regeusted a layover to meet with the District 15 Council. Chuck McGuire of PED appeared and gave their staff report and answered questions of Councilmembers. Lloyd Grunes, attorney for Mr. Gnetz, appeared and said they have been and will continue, to keeo in communication with District 15 and herequesteda layover in order to meet with them and go over some concerns. Councilmember Rettman said she is comfortable with a,layover but wanted it known that we need to show the Planning Commission errored in one of their findings. Councilmember Scheibel referred to the staff reoort and said we may hear testimony stating the Planning Commission did error. Mr. Grunes said it is his intent to meet with the District 15 Community Council and he hopes to.show error on both the density issue as well as the issue of, hardship. Laid over to September 21st. 40. Hearing to consider the request of Parrish' s Supper Club for a modification of narking requirements to allow service of l located at 2176 W. 7th Street. iquor in new addition for orooerty Mary Bunnell of PED aooeared and oresented his staff report with a recommendation for aooroval with conditions. Mr. Bunnell stated he has been told by Mr. Parrish they are allowed to park on the orooerty owned by Pearson's but that Pearson's is hesitant to out it in writing. (Discussion continued on following page) - 480 - i August 17, 1989 (Discussion continued from orevious gage) Marsha Edwards aooeared and stated she owns the aoartment complex across the street, from Parrish's and she referred to parking problems and said she hooes a friendly compromise can be worked out, and upon question of Councilmember Goswitz Ms. Edwards stated her property is located at 1115 Rankin. Councilmember Scheibel suggested that tenants be given the ohone number of Mr. Parrish to notify him when there are Darkingproblems and he said it is important to have a letter from Pear son's agreeing to their parking arrangements. Councilmember Long said he would be comfortable with a statment from Pearson's and he moved to lay this item over to obtain that written document. Tom Parrish aooeared and said he has been the owner of the establishment for the oast 18 years and he explained Pearson's reluctance is due to liability issues. Councilmember Dimond referred to the need to be consistent on these parking issues as they come before us. - Upon question of Councilmember Rettman, Jane McPeak stated a document could be made stating that Parrish's Supper Club would have all liability: Councilmember Scheibel stated' he will meet with a representative of Pearson's regarding the share-oarking issue. After further discussion there was agreement this item be laid overone week to be back on the agenda in resolution form with a provision oertaining'to the aoartment tenants having the telephone number of Mr. Parrish. Councilmember Long moved that the public hearing be closed. Adopted Yeas -'7 Nays - 0 Laid over to August 24th. 41. Resolution - 89-1476 - Ratifying assessment for construction of concrete curb on Minnehaha between Stroh Drive and vacated Greenbrier in conjunction with the Arcade/Minnehaha Street Paving & Lighting oroject.- (Public Works Committee recommends aooroval) No one aooeared in opposition. Councilmember Goswiti moved aooroval of the resolution. Adopted Yeas - 7 Nays 0 42. Resolution - 89-1477 - Ratifying assessment forsidewalk reconstruction for parts of McAfee, Mechanic, Norfolk, W. Page, E. Rose, E. Sixth, Taylor and Wilson. No one aooeared in 0000sition. Councilmember Sonnen moved approval of the resolution. Adopted Yeas - 7 Nays - 0 43. Resolution - 89-1478 - Approving application for the transfer of Class A Gambling License applied far by the Department of Minnesota Jewish War Veteran's currently located at 1060 University to 733 Pierce Butler Route. No one appeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 44. Resolution 89-1479 - Aporovin aoolication for the transfer of Class A Gambling License aoolied for by Nels Wold Chapter #5 Military Order of the Purple Heart currently located at 1060 University to 733 Pierce Butler Route. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 45. Resolution - 89-1480 - Approving aoolication for the transfer of Class A Gambling License aoolied for by St. Peter Claver Social Club located at 1060 University to 733 Pierce Butler Route. No one aooeared in 0000sition: Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 L - 481 J i T J, August 17, 1989 (Discussion continued from orevious gage) Marsha Edwards aooeared and stated she owns the aoartment complex across the street, from Parrish's and she referred to parking problems and said she hooes a friendly compromise can be worked out, and upon question of Councilmember Goswitz Ms. Edwards stated her property is located at 1115 Rankin. Councilmember Scheibel suggested that tenants be given the ohone number of Mr. Parrish to notify him when there are Darkingproblems and he said it is important to have a letter from Pear son's agreeing to their parking arrangements. Councilmember Long said he would be comfortable with a statment from Pearson's and he moved to lay this item over to obtain that written document. Tom Parrish aooeared and said he has been the owner of the establishment for the oast 18 years and he explained Pearson's reluctance is due to liability issues. Councilmember Dimond referred to the need to be consistent on these parking issues as they come before us. - Upon question of Councilmember Rettman, Jane McPeak stated a document could be made stating that Parrish's Supper Club would have all liability: Councilmember Scheibel stated' he will meet with a representative of Pearson's regarding the share-oarking issue. After further discussion there was agreement this item be laid overone week to be back on the agenda in resolution form with a provision oertaining'to the aoartment tenants having the telephone number of Mr. Parrish. Councilmember Long moved that the public hearing be closed. Adopted Yeas -'7 Nays - 0 Laid over to August 24th. 41. Resolution - 89-1476 - Ratifying assessment for construction of concrete curb on Minnehaha between Stroh Drive and vacated Greenbrier in conjunction with the Arcade/Minnehaha Street Paving & Lighting oroject.- (Public Works Committee recommends aooroval) No one aooeared in opposition. Councilmember Goswiti moved aooroval of the resolution. Adopted Yeas - 7 Nays 0 42. Resolution - 89-1477 - Ratifying assessment forsidewalk reconstruction for parts of McAfee, Mechanic, Norfolk, W. Page, E. Rose, E. Sixth, Taylor and Wilson. No one aooeared in 0000sition. Councilmember Sonnen moved approval of the resolution. Adopted Yeas - 7 Nays - 0 43. Resolution - 89-1478 - Approving application for the transfer of Class A Gambling License applied far by the Department of Minnesota Jewish War Veteran's currently located at 1060 University to 733 Pierce Butler Route. No one appeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 44. Resolution 89-1479 - Aporovin aoolication for the transfer of Class A Gambling License aoolied for by Nels Wold Chapter #5 Military Order of the Purple Heart currently located at 1060 University to 733 Pierce Butler Route. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 45. Resolution - 89-1480 - Approving aoolication for the transfer of Class A Gambling License aoolied for by St. Peter Claver Social Club located at 1060 University to 733 Pierce Butler Route. No one aooeared in 0000sition: Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 L - 481 J August 17, 1989 46. Resolution - 89-14BI - Aooroving application for the transfer of Class A GamblingLicense by Merrick Booster Club currently located at 1060 University to 733 Pierce Butler Route. No one aooeared in0000sition: Councilmember Wilson'moved aooroval of the resolution. Adooted Yeas 7 Nays - 0 47. Resolution - 89-1482 - Aooroving aoolication for the transfer of Class A Gambling License by Merrick Companies currently located at 1060 University 'to' 733 Pierce Butler Route. No one appeared in opposition. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 48. Resolution - 89-1483 - Aooroving aoolication for the transfer' of Class A and C Gambling Licenses: appliedfor by Juan Diego Club Our Lady of Guadalupe Church currently located at' 40B Maid Street to 1324 E. Rose: No one appeared in opposition. Roll call. Adopted Yeas'- 7 Nays - 0 49. Resolution - 89-1484 - Aooroving application for the renewal of Class B Gambling License apolied for by Johnson Area Hockey at Governors located at 959 Arcade. No oneaooeared in opposition. Councilmember GOswiti moved aooroval of the resolution: Adopted Yeas - 7 Nays - 0 50. Resolution -89-1485 Aooroving aoolication for the renewal' of State Class B Gambling License applied'for by Johnson Area Hockey at Minnehaha Lanes located at 955 Seminary. No one aooeared in opposition. Councilmember Goswiti moved aporoval of the resolution. Adopted Yeas - 7 Nays - 0 51. Resolution.- 89-1486 Aooroving aoolication for the renewal of Gambling Manager's License applied for by Bruce Wigen dba Johnson Area Hockey at Governors located at 959 Arcade. No one aooeared In 0000sition Councilmember Goswitz'moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 52. Resolution - 89-1487 - Aooroving aoolication for the renewal of Gambling Manager's License eoolied for by Donald Hayden dba Brunettes Youth Boxing at Lentsch's located at 1091 Rice Street. — No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 53. Resolution - 89-1488 - Aooroving with stipulation application for the renewal of State Class B Gambling License applied for by Brunettes Youth Boxing Association at Lentsch's located at 1091 Rice Street. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Rettman moved that the rules be suspended to consider an item not on the agenda pertaining to the Dakota Bar & Grill located at Bandana Square. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 - 482 - r l ✓ X r� August 17, 1989 46. Resolution - 89-14BI - Aooroving application for the transfer of Class A GamblingLicense by Merrick Booster Club currently located at 1060 University to 733 Pierce Butler Route. No one aooeared in0000sition: Councilmember Wilson'moved aooroval of the resolution. Adooted Yeas 7 Nays - 0 47. Resolution - 89-1482 - Aooroving aoolication for the transfer of Class A Gambling License by Merrick Companies currently located at 1060 University 'to' 733 Pierce Butler Route. No one appeared in opposition. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 48. Resolution - 89-1483 - Aooroving aoolication for the transfer' of Class A and C Gambling Licenses: appliedfor by Juan Diego Club Our Lady of Guadalupe Church currently located at' 40B Maid Street to 1324 E. Rose: No one appeared in opposition. Roll call. Adopted Yeas'- 7 Nays - 0 49. Resolution - 89-1484 - Aooroving application for the renewal of Class B Gambling License apolied for by Johnson Area Hockey at Governors located at 959 Arcade. No oneaooeared in opposition. Councilmember GOswiti moved aooroval of the resolution: Adopted Yeas - 7 Nays - 0 50. Resolution -89-1485 Aooroving aoolication for the renewal' of State Class B Gambling License applied'for by Johnson Area Hockey at Minnehaha Lanes located at 955 Seminary. No one aooeared in opposition. Councilmember Goswiti moved aporoval of the resolution. Adopted Yeas - 7 Nays - 0 51. Resolution.- 89-1486 Aooroving aoolication for the renewal of Gambling Manager's License applied for by Bruce Wigen dba Johnson Area Hockey at Governors located at 959 Arcade. No one aooeared In 0000sition Councilmember Goswitz'moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 52. Resolution - 89-1487 - Aooroving aoolication for the renewal of Gambling Manager's License eoolied for by Donald Hayden dba Brunettes Youth Boxing at Lentsch's located at 1091 Rice Street. — No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 53. Resolution - 89-1488 - Aooroving with stipulation application for the renewal of State Class B Gambling License applied for by Brunettes Youth Boxing Association at Lentsch's located at 1091 Rice Street. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Rettman moved that the rules be suspended to consider an item not on the agenda pertaining to the Dakota Bar & Grill located at Bandana Square. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 - 482 - - 483 - August 17, 1989 Resolution - 89-1513 - Approving the request by Lowell Pickett dba Dakota Bar & Grill at Bandana Square for extension of liquor service area to the mall adjoining restaurant lying between Bandana Square and the Sunwood Inn for �y,•',,, Friday, August 18th between 6:00 P.M. and 10:00 P.M. in conjunction with their summer concerts. Councilmember Rettman moved aooroval of the resolution. J Adopted Yeas - 7 Nays - 0 ADDITIONAL ITEM Letter of the Mayor submitting Planning Commission recommendations to the Metropolitan Council and Zoning amendments on Heliport Zoning study. (Housing `& Economic Develooment Committee submits following resolution to reflect action' - r Laid over from August 15th) Councilmember Scheibel read a letter, from the Council to the Metr000litan Council transmitting the Planning Commission findings and recommendations and it s. was agreed that the letter would be sent rather'than adopt the following - resolution. .. _ Resolution - 89-1420 - Commenting on the Twin Cities Regional Heliport Feasibility Study. (Laid over from August 15th) (See discussion: above) Withdrawn Councilmember Goswitz moved that the rules be suspended to consider an item not on the agenda pertaining -to Poor Richards. After some discussion there was agreement that this issue should be presented to the City Attorney's Office as .Council already adopted a resolution last week and any further action should be in resolution form. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0` ADJOURNED AT 11:55 A. M. v L;ounciii President ATTEST: Copies sent to Councilmen 2-/3 _,F Minutes approved by Council x yy ABO pmk - 483 - ate. #N gg �5 J/ uj x MINUTES OF THE COUNCIL - 9:00 A.M e,x r AUGUST 22, 1989 >A COUNCIL CHAMBERS - CITY HALL & COURT HOUSE 1 _ i •' SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 5 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Sonnen : r Absent - 2 - Councilmembers Long and Wilson (arrived at points during the I meeting) i CONSENT AGENDA Uoon request of Councilmember Rettman, Administrative Order D-10393 was referred 3j to the Finance Committee for further review. Councilmember Dimond moved approval of the Consent Agenda as amended above. t Roll call: h Adopted Yeas - 5 Nays - 0 1. Claim of, James Cavanagh,1276 Goodrich, filed August 3, 1989, was read. Referred to the City Attorney's Office. Claim of'Sally Erickson,1663:E. 3rd, filed August 8, 1989, was read. Referred to the City Attorney's Office. is Claim of Roy and Dorothy Geis,2265 Summit, filed August 8, 1989, was read. r Referred to the City Attorney's Office. Claim of Travelers Company for Helen Gutowich, 2001 Worchester, filed August 8, ` 1989, was read. `• ,- Referred to the City Attorney's Office. Claim of Cleone Jackson for Monique Carlson (Gregory Gamache and Frederick Painter, Jr., attny's.) filed July 28, 1989, was read. Referred to the City Attorney's Office. Claim of. Leona-Lillygren,1109 E., Geranium, filed August 4, 1989, was read. Referred to the City Attorney's Office. Claim of Timothy Long, (James Larkin, attny.), filed August 9, 1989, was read. Referred to the City Attorney's Office. Claim of Peggy Schneider, 17 Alice Court, filed August 2, 1989, was read. Referred to the City Attorney's Office. Claim of State Farm Insurance Co., 1550 W. Highway 36, filed August 4, 1989, was read: rx.. Referred to the City Attorney's Office. - - Claim of •Alan and Janet Wileb ski, 1944 Laurel, filed August 8, 1989, was read. Referred to the City Attorney's Office. t Claim of Robert Washington, 952 Hague, filed August 2, 1989, was read. Referred to the City Attorney's Office. q , : I _Claim of AnnSummit August 4, 1989, was read. ficeed Referred toCity Attorney's Of598 -484 - August 22, 1989 _ Claim of Mr. Candy Zepeda, 352 -12th Ave. N., South St. Paul, MN, filed August 10, 1989, was read. Referred to the City Attorney's Office. 2. Letter of the St. Paul Area Trades and Labor Assembly in support of appointing Roger McClure to.the Civil Service Commission and opposition to the appointment of James Sargent. Filed (CC #13180) 3. Appeal of Rachel Zieberman to a Summary Abatement Order for prooerty located at NOS Pinehurst. (City Clerk recommends date of hearing be established for September 14, 1989) Adopted Yeas - 5 Nays - 0 4. Administrative Orders D-10381 throught D-10399 were noted as on file in the City Clerk's Office. 5. Resolution - 89-1490 - Approving and ratifying Memorandum of. Agreement between the City and the Professional Employees Association. (First Reading - FOR ACTION) Laid over to August 29th for Second Reading & Adootion. 6. Resolution - 89-1491 - Amending the St. PaulSalaryPlan and Rates of Comoensation resolution by establishing a process by which City employees may transfer their vacation credits to other City employees. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 7. Resolution - 89-1492 - Amending the 1989 budget by adding $20,000 to the Financing & Spending Plans for physical examinations for Potential City employees. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 8. Resolution - 89-1493 - Amending the 1989 budget by adding $20,000 to the Financing & Spending Plans for City employees tuition reimbursement. (FOR ACTION) Adopted Yeas - 5 Nays - 0 9. Resolution - 89-1494 - Authorizing proper City officials to execute an agreement with the Soo Line Railroad Company for repairs and rehabilitation of the St. Clair Avenue bridge. (FOR ACTION) Adopted Yeas - 5 Nays - 0 10. Resolution - 89-1495 - Authorizing proper City officials to execute an agreement granting $1,000 to the Selby District, Commercial Club for the purpose of staging the Revitalize Selby Avenue Parade. (FOR ACTION) Adopted Yeas - 5 Nays - 0 11. Resolution- 89-1496 - Adopting the study of the Street Lighting in St. Paul, directing its transmittal to the neighborhood contact list, Long Range CIB Committee, Planning Commission and appropriate City staff, and allowing District Councils to create street lighting plans which identify exceptions, and requesting the Planning Commission to establish criteria as stated. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 12. Resolution - 89-1497 - Approving with conditions the request by Steven Lentsch dba Lentsch's Bar located at 1091 Rice for modification of the parking reequirements from 32 spaces to 20 spaces. (FOR ACTION - Hearing held August Adopted Yeas - 5 Nays - 0 - 485 - ( i 486 - 1 August 22, 1989 13. Preliminary Order - 89-1498 - Sidewalk reconstruction on the north side of Ford Parkway from S. Finn to S. Cretin and the west side of S. Finn from Ford Parkway to Pinehurst, and setting.a date of public hearing for October 3rd. (FOR ACTION) hai Adooted Yeas - 5 Nays -.0 .. -. -/ rl; 14. Resolution r 89 -1499 -Approving assessment for sidewalk reconstruction with. integral curb and areaway elimination on the east side of Wabasha from E. 4th to 65 ft. south of E. 4th and the south side of E. 4th from Wabasha to Cedar, and setting.a date of public hearing for October 3rd. , (FOR ACTION) Adooted Yeas - 5 Nays - 0 15. Resolution - 89-1500 - Approving assessment by condemning and taking permanent t' utility easements and temporary construction easements in conjunction with the Sylvan/Acker Area Storm Sewer Seoaration project, and setting a date of Public hearing for October 3rd. (FOR ACTION) Adooted Yeas - 5 Nays - 0 16. Resolution - 89-1501 - Approving Assessment for sidewalk reconstruction for the south side ,Of,Banfil from Richmond to.the, west 45 ft. west side Richmond from Banfil to Goodhue,. and the west, side of Pierce from :Selb to. the north 120 ft., and; setting a date of public hearing for October 5th. (FOR ACTION) Adooted Yeas - 5 Nays - 0 17. Resolution - 89-1502 - ADDroving assessment for sidewalk reconstruction for both sides of Bohland from Snelling to Macalester, and setting a date of Public hearing for October 5th. (FOR ACTION) Adooted Yeas - 5 Nays - 0 18. Resolution - 89-1503 - Aooroving assessment for sidewalk reconstruction for Darts of Ames, Central, Chatsworth, Duluth, Fairview, Fort Road, Germain, Hague, Laurel, Howard Tower, and E. Idaho, and setting a date ofpublic hearing. for October 5th. (FOR ACTION) Adooted Yeas - 5 Nays -.0. 19. Resolution - 89-1504 - Aooroving assessment for sidewalk reconstruction for Darts of Burnquist, E. Cottage, E. Hawthorne, and E. Jessamine, and setting a date of public hearing for October 3rd. (FOR ACTION) Adooted Yeas - 5 Nays - 0 Councilmember Long arrived at this point in the meeting. . ORDINANCES 20. Final Adoption -89-1001 - An ordinance amending Section 409.26 of the An ordinance Legislative Code allowing be imposed in lieu of suspensions. 4!. (Community & Human Services Committee recommends approval of substitute ordinance) Councilmember Rettman moved approval of the ordinance. Roll call. Adooted Yeas - 6 Nays - 0 Ord. #17675 _. . 22. Second Reading - 89-1419.:- An ordinance amending Chapter 60 of the Legislative. Code oertaining to Heliports and Helistops. 1 Laid over, to August 31st for Third Reading. Councilmember Wilson arrived at this point in the meeting. i 486 - 1 August 22, 1989 21. Final Adoption - 89-1275 - An ordinance amending Section 34 of the Civil Service Rules by establishing the classification of Public Health Division Manager in the Unclassified Services. (Laid over from August 15th) Councilmember Long said this item was heard in the Finance Committee and he explained that discussion and recommended approving this a000intment as an unclassified position and remain with the SPSO Union. Councilmember Long also referred to -a related resolution (Item No. 25) and he moved aooroval of both this ordinance andthat resolution. Councilmember Rettman said this would clearly set a precedent and she said the Council also acts as the Board of Health and she spoke in 0000sition to the motion for aooroval. Councilmember Dimond called the question. Roll call. Yeas - 3 (Dimond/Long/Sonnen) Motion failed of adoption. Nays - 4 (Goswitz/Rettman/Wilson/Scheibel) Councilmember Rettman moved aooroval of the resolution with the word "unclassified" deleted. Councilmember Dimond said this ordinance was designed for the unclassified title and he requested -it be referred back to Committee, and Councilmember Rettman spoke in 0000sition stating this has already been heard in;Committee. Councilmember Long spoke in support of referring this ordinance back to Committee. Councilmember Scheibel said discussion has been held in Committee and he suggested laying it over one week in order for amendments to be oreoared with the aoorooriate changes. Cheryl Le of the Personnel Office aooeared and explained the rules regarding qualifications. After considerable discussion there was agreement that Item No. 25 would be laid over three weeks to Seotember 12th. NEW BUSINESS - RESOLUTIONS 25. Resolution - 89-1276 - Establishing the rate Of pay for unclassified title of Public Health Division Manager in the Salary Plan and Rates of Compensation Resolution. (Second Reading & Adoption —Laid over from August 15th) (See discussion above) Laid over three weeks to September 12th. 23. First Reading - 89-1505 - An ordinance amending Chanter 33 of the Legislative Code certaining to building permit Posting. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 24. First Reading - 89-1506 - An ordinance amending Section 376.13 of the Legislative Code pertaining to vehicle license transfer fees - taxi cabs). (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. PUBLIC HEARINGS 26. Third Reading - 89-1398 - An ordinance amending Chapter 409 of the Legislative Code oertaining to gambling managers by increasing allowable compensation to them and other employees by setting new upper and lower limits for their compensation. (Community & Human Services Committee recommends aooroval) No one aooeared in 0000sition. Laid over to August 29th for Final Adoption. - 487 - 3" S August 22, 1989 21. Final Adoption - 89-1275 - An ordinance amending Section 34 of the Civil Service Rules by establishing the classification of Public Health Division Manager in the Unclassified Services. (Laid over from August 15th) Councilmember Long said this item was heard in the Finance Committee and he explained that discussion and recommended approving this a000intment as an unclassified position and remain with the SPSO Union. Councilmember Long also referred to -a related resolution (Item No. 25) and he moved aooroval of both this ordinance andthat resolution. Councilmember Rettman said this would clearly set a precedent and she said the Council also acts as the Board of Health and she spoke in 0000sition to the motion for aooroval. Councilmember Dimond called the question. Roll call. Yeas - 3 (Dimond/Long/Sonnen) Motion failed of adoption. Nays - 4 (Goswitz/Rettman/Wilson/Scheibel) Councilmember Rettman moved aooroval of the resolution with the word "unclassified" deleted. Councilmember Dimond said this ordinance was designed for the unclassified title and he requested -it be referred back to Committee, and Councilmember Rettman spoke in 0000sition stating this has already been heard in;Committee. Councilmember Long spoke in support of referring this ordinance back to Committee. Councilmember Scheibel said discussion has been held in Committee and he suggested laying it over one week in order for amendments to be oreoared with the aoorooriate changes. Cheryl Le of the Personnel Office aooeared and explained the rules regarding qualifications. After considerable discussion there was agreement that Item No. 25 would be laid over three weeks to Seotember 12th. NEW BUSINESS - RESOLUTIONS 25. Resolution - 89-1276 - Establishing the rate Of pay for unclassified title of Public Health Division Manager in the Salary Plan and Rates of Compensation Resolution. (Second Reading & Adoption —Laid over from August 15th) (See discussion above) Laid over three weeks to September 12th. 23. First Reading - 89-1505 - An ordinance amending Chanter 33 of the Legislative Code certaining to building permit Posting. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 24. First Reading - 89-1506 - An ordinance amending Section 376.13 of the Legislative Code pertaining to vehicle license transfer fees - taxi cabs). (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. PUBLIC HEARINGS 26. Third Reading - 89-1398 - An ordinance amending Chapter 409 of the Legislative Code oertaining to gambling managers by increasing allowable compensation to them and other employees by setting new upper and lower limits for their compensation. (Community & Human Services Committee recommends aooroval) No one aooeared in 0000sition. Laid over to August 29th for Final Adoption. - 487 - ---------- Lid August 22, 1989 27. Resolution - 89-1507 - Ordering the repair or demolition of orooerty located at S 600-02 Thomas. Steve Roy appeared and presented his staff report and stated he has been working } with representatives of Western State Bank since the Fall of 1988 but as yet Fya there is nothing definite. He expressed concern whether it's feasible to fi �*, rehabilitate this structure and if it is feasible it should be done soon and he do recommended rehabilitation or demolition within 30 days or the City will the necessary work. -t4, 4 A Loan Officer of Western State Bank aooeared and explained they have been working with City staff on this issue and expect it cleared uo within one month. Michelle Hotzler of Western State Bank also was present and answered questions ?�s of Councilmembers about the tax credit Droblems. Councilmember Wilson this has been a nuisance orooerty to the neighborhood for s=. ' five years and he feels Steve Ray's recommendation is good. He moved approval t.. of the resolution with the understanding if the orooerty is not renovated or demolished within 30 days the City will proceed. Upon question of Councilmember Rettman, Councilmember Wilson said because this been such a burden to the neighborhood for so many years he isnot oursuaded to ° extend the 30 days at this point. Councilmember Sonnen referred to concerns with properties deteriorating as they go through foreclosure. ol1 call an the motion for approval of the resolution. s Adopted Yeas - 7 Nays - 0 28. Hearing to consider whether a nuisance exists on Property located at 642 Hague. (Laid over rm August rred -� ' y a Councilmember Wlson refeto the public hearing notification process and said people are present today to testify but the owner is not present. - kk There was some discussion and Ed Starr stated due process has been served and `s. ) that the owner was made aware of today s hearing. Nick Davis Council declare He appeared and urged to this orooerty a nuisance. referred to young children left unattended, suspected drug dealings and to loud noise after 11:00 P.M. He said neighbors have tried selling their homes but this property is a detriment.. Carla Messman, 936 Aurora, appeared and said she co-owns 638 Hague and referred to significant problems at this address and said she has no doubts drug taffickingg is occuring there and said these -activities are not a oart of lifestyle in this community. Joan Wilson appeared and said she is the co-owner of 638 Hague and she also - p referred to activities at this address and to young children left unattended. Jean LeVage appeared and said she is a neighbor of this orooerty and she said t + very undesireable DeNle come and go constantly at this address and she referred to continuous problems of rubbish. Sara Snapp, 661 Hague, appeared and said even though she lives at the end of the n block she still has the effects from this property of debris and she said her concerns mostly lie with the young children on the block left unattended. Mr. Davis appeared again and stated the persons who testified today are very ,s v courageous knowing their testimony is being shown on cable and he said this f r issue is about nei8hborhood empowerment and that Council needs to take swift action today and hold Mr. Logan accountable for his orooerty. a Councilmember Dimond said now is the time to take back neighborhoods and we need k to hold the property owner accountable and he stated the Council will back communities in their efforts and he will strongly support declaring this orooerty a nuisance. Councilmember Wilson commended the community and Nick Davis for his leadership on this issue and he said there is no question that Council needs to act 1 swiftly. He explained the process and said this issue will now be referred to - t the City Attorney's Office for consideration of a public nuisance with a referral back to Council. Councilmember Wilson said he will be reviewing the (Discussion continued on following page) ---------- J S'„ 1 t k ;7'-Y�',.- y�� f �OE- t k Y Q 3 s +a August 22, 1989 rr+ (Discussion continued from orevious page) process for bringing these complaints to the Council's attention and for the need to have person for y} a contact oublic hearing notification. Councilmember. Long said we need to take swift action and he expressed outrage these now are occurring and he said to win this battle we need to win it h' Councilmember Rettman i referred to the Housing Court process which will be dealing with rental properties and she said new legislation will be, used as a .' tool. Councilmember Sonnen said this has been a hard-hit issue not only confined to s " this one 'neighborhood and it is ,a terrible situation and she referred to the stand Council has taken on absentee landlords. Roll call Adopted Yeas - 7 Nays - b 4' 29 Resolution ice for 9orooerty,at�1402 m Parkway vthe connection for Furness in connectionrwith +f M Maryland/FlandrauMF ness/Ivy Area Project. f .. Mo one appeared in. opposition. ` s 5 Councilmember Goswitz moved aooroval of the resolution. Roll call. ;+ Adopted Yeas - 7 Nays - 0 30. Resolution - 89-1509 -Ratifying assessment forthe installation of water service connections in connection with the Arlington/Arkwright, Edgerton/Bush, Flandrau/Idaho, Jackson/Magnolia and Jackson/Sycamore Area Sewer Separation projects. No one appeared in opposition. - ' Councilmember Goswitz moved approval. Adopted Yeas - 7 Nays - 0 i 31. Resolution - 89-1510 - Ratifying assessment for sidewalk reconstruction for the north side of Midway Parkway from Hamlin to Bison Avenue at 1361, 1365, 1371, 1415, 1421, 1435 Midway Parkway and 1339 Pascal. (Laid over from August 8th) No one appeared in opposition. Councilmember Sonmek moved approval. Adopted` Yeas - 7 Nays r 0 32. Resolution - 89-1511 -,Approving application for the renewal of various Class III Licenses as listed. No one aooeared in opposition. Roll call`. .:_. Adopted Yeas - 7 Nays - 0 33. Resolution - 89-1512 - Approving application for the .renewal of various. Class III Licenses as listed. n No one aooeared in opoosition. Roll call Adopted Yeas - 7 Nays - 0 a� - Councilmember Wilson moved that the rules be suspended to consider an item not on the agenda pertaining Red Ribbon Week in St. Paul for drug freeness, orevention. lr k education and Roll call on suspension of the rules. Adopted Yeas - 7 Nays _ 0 K' Resolution - 89-1519 - Supporting October 22-29, 1989 as Red Ribbon Week, �c encouraging citizen oarticioation, requesting Mayor and Administration participation, and pledging MY CHOICE ... DRUG FREE. Adooted Yeas - 7 Nays - 0 489 _ J 4 August 22, 1989 Councilmember Goswitz moved that the rules be suspended to consider an item not on the agenda pertaining to previous action taken on Poor Richards. Councilmember Rettman spoke in opposition to suspension of the rules on this item and she referred to previous Council action on this business. Roll call on suspension of the rules. Yeas'- 2 Sonnen/Goswitz) Nays - 5 (Long/Rettman/Wilson/Dimond/Scheibel) Motion failed of adoption. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 ADJOURNED, AT 10:40 A.M. ATTEST: Council res en Copies sent to Councilmen Minutes approved by Council A60:pmk - 490 - i 5 z3 i f / I � E 2 tt 4 t MINUTES OF THE COUNCIL 9:00 A.M AUGUST 24, 1989 COUNCIL CHAMBERS - CITY HALL& COURTHOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present -.5.- Councilmembers Dimond, Long, Goswitz, Scheibel, Sonnen Absent - 2 - Councilmembers Rettman and Wilson (arrived at points during the meeting) CONSENT AGENDA Upon request of Councilmember Scheibel Item No. 4 was pulled from the .Consent Agenda to: be referred to the Community & Human Services Committee. Councilmember Long moved approval of the Consent Agenda as amended above. Adopted Yeas - 5 Nays - 0 1. Approval of minutes for City YCouncil meetings ofNAugust 01, 3, 8 and 10, 1989. Adopted 2. Claim of Margaret Curry, 555 Selby, filed August 11, 1989, was read. Referred to the City Clerk's Office. Claim of Susan Gretz, 14871 Endicott Way, Apple Valley, MN 55124, filed August 15, 1989, was read. Referred to the City Clerk's Office. Claim of Randy Hueffineier, 2234 N. Oak Hill Place, filed August 11, 1989, was read. Referred to the City Clerk's Office. Claim of Rosie Pribnow, 1739 Ames Place, filed August 11, 1989, was read. Referred to the City Clerk's Office. Claim of Joseph Simmonds (Therese Simmonds, attny.) filed August 11, 1989, was read. Referred to the City Clerk's Office. Claim of Lawrence Suess, 1896 Saunders Ave., filed August 11, 1989, was read. Referred to the City Clerk's Office. 3. Summons d complaint in te Officer of Agnes Hutchings vs the City of St. Paul. Referredo the City Clerk's 4. Letter of Steve Rice submitting the 1989 St. Paul Overnight Shelter Board report. Referred to the Community & Human Services Committee. (CC 813179) -491- August 24, 1989 Councilmember Dimond referred to the Carousel on display at the Minnesota State Fair and heencouraged everyone to attend the Fair and ride the Carousel. Councilmember Rettman arrived at this point in the meeting. COMMITTEE REPORTS 5. Resolution - 89-1384 - Establishing residential permit parking on N. Cretin from the Mississippi River Boulevard to Selby. (Public Works Committee recommends approval) Councilmembers Long and Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 6. Resolution - 89-862 - Amending the 1989 budget by adding $196,888 to the Financing & Spending Plans for Public Works performance improvements activities. (Finance Committee recommends aooroval of.a substitute resolution for $55,216) Councilmember Long moved aooroval'of the resolution. Adopted Yeas - 6 Nays - 0 7. Resolution - 89-1418 - Removing residential permit barking restrictions on both sides of Selby between Wilder and Moore. (Public Works Committee recommends approval) Councilmember Sonnen moved aooroval of the resolution., Adopted Yeas - 6 Nays -0 REM BUSINESS - RESOLUTIONS 8. Resolution - 89-1435 - Approving appointments by the Mayor of Mary Ann Sudeith and Lyn Burton to serve as members of the Port Authority. (Housing & Economic Development Committee recommends aooroval - Laid over from August 15th) Councilmember Dimond moved aooroval of the resolution.. Adopted Yeas - 6 Nays - 0 Councilmember Wilson arrived at this, point in the meeting. 9. Resolution - 89-1514 - Granting the request of Parrish's Su oper Club for a modification of parking requirements to allow service of liquor in new addition for property located at 2186 W. 7th. (FOR ACTION - Hearing held August 17th) Councilmember Scheibel said he spoke with representatives of Pearson's who are unwilling to out their consent allowing.oarking in.writing but the owners of the Road Rescue are willing to provide written consent stating ;they will allow parking for Parrish's, and, Mary Bunnell of PED stated that was also his understanding. After some discussion Councilmember Long moved approval of the resolution with the stipulation written consent will be Provided by Road Rescue for Parking. Roll call. Adopted Yeas - 7 Nays - 0 ORDINANCES 11. Final Adootion - 89-1082 - An ordinance amending Section 409 of the Legislative Code Pertaining to the phasing out of Private Club licenses in favor of On Sale Intoxicating Liquor licenses. (Community & Human Services Committee recommends approval) Councilmember Rettman moved approval of the ordinance. Councilmember Long spoke in support of the ordinance. Roll call on the motion for aooroval. Adopted Yeas - 7 Nays - 0 Ord. #17676 - 492 - , Y' �,�"- f " August 24, 1989 i PUBLIC HEARINGS 13. Resolution - 89-1516 - Approvinq application for State Class B Gambling License applied for by Vinland National Center at Nickels Soorts Bar located at 501JO Blair. No one aooeared in opposition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 14. Resolution - 89-1517 - Approving application for Class A Gambling Location License applied for by K & L Liquors, Inc. dba Nickels Sports Bar located at 501 Blair. No one aooeared in opposition. C ou ncilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 15. Resolution - 89-1518 - Approving application for Gambling Manager's License applied for by Thomas Gagliardi dba Vinland National Center at Nickels Sports Bar located at 501 Blair. No one aooeared in opposition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 10. Resolution - 89-1515 - Providing $40,000 to cover oossible additional overtime costs related to the Beat Patrol Program and drug law enforcement efforts. Councilmember Wilson said he feels the 90 day pilot program will be good and he distributed conies of a substitute resolution and move approval of an amended budget resolution providing funding for this program. Roll call on aooroval of the substitute resolution. Adopted Yeas - 7 Nays - 0 i 12. Hearing on the development of an organized refuse collection system for the City. Councilmember Scheibel introduced testimony taken at the Public hearing of the Public Works Committee held July 13th as part of the record. Councilmember Goswitz submitted transcripts of the public hearing and read for the record the names of oeople who testified and he stated changes for organized collection will 'be submitted in oroper form in early Fall. John Adler, 1311 Hillcrest, aooeared and referred to the 1975 and 1976 reports of the State Planning Agency and said since that time there has been no updates and he referred to the hardship organized collection could have on senior citizens and he spoke in opposition to the collection system. Russ Hardy, Develooment Director of the Public Housing Agency, aooeared and referred to a letter he previously submitted in opposition to this system and he stated he still stands in 0000sition. Rick Igo, 302 Summit, and said organized collection could cause financial hardships on some property owners and he requested limitations on the bidding process. Kevin Tritz of BFI aooeared and spoke in 0000sition to organized collection. He referred to the oossibility of losing business because of it and he statedhe doesn't believe organized collection is the answer to problems and he answered questions of Councilmember Long. T, m Flynn, also of BFI, appeared stating he is present today as a citizen and he expressed concern that this issue has not yet been presented to the District 14 Community Council. He said to involve the City in this issue is a waste of time and he urged Council to seriously look at all the issues. Dale Henderson of Metr000litan Waste Management appeared and spoke in opposition to organized collection. (Discussion continued on following page) i' 493- ' - .._ .. August 24, 1989 (Discussion continued from orevious page) Upon question of Councilmember Sonnen, Jane McPeak stated statuatory requirements have been met concerning notification of today's Public hearing. No one else aooeared. Councilmember Sonnen said this issue has a direct effect on our environment and this is only one piece of a larger 'plan and she is not convinced an organized system would be in the best interest of the 'Public. She stated this is a policy issue and she is prepared to vote today. Councilmember Scheibel stated a resolution is in the orocess of being drafted and will be before Council to vote up or down. He referred to orevious studies on this item and said some of the same issues are being brought up again today and he said or collection can be done without a high cost to the City and that all District Councils will work together on this item. Councilmember Long suggested going with the 90 day study and then took at the Oros and cons. He said he is very su000rtiv of organized collection but we need a better handle on the system. Councilmember Goswitz spoke in su000rt of organized collection. Councilmember Wilson said this is'a very important issue in terms of key roles and intervention into the whole solid waste management and that Problems should be brought under' control on a case-by-case basis but the key is to get control of the waste problem. Councilmember Rettman said she is being cautious on this without a resolution before us and she referred to the need to also have a composting resolution before use Councilmember Sonnen said she's had several meetings onthe issue of composting. Rick Person of Public Works aooeared and answered questions of Councilmembers on the funding for this project. Councilmember Dimond spoke in su000rt of organized collection and said it is important to continue to move ahead with the study. There was some discussion and Councilmember Wilson urged all Councilmembers to contact county representatives with their concerns and he referred to the need to take on the role of leadership. Rick Pearson stated there is a mandate for the County requiring all municipalities to look at organized collection and funding for it. i There was further discussion and agreement to act on this issue when the proper resolution is before Council for action. Councilmember Goswitz moved reconsideration of an item from Tuesday's agenda which was denied pertaining to the unclassified oosition of Public Health Division Manager. Roll call on suspension of the rules. Adopted Yeas - 4 (Dimond/Goswitz/Long/Sonnen) Nays - 3 (Rettman/Wilson/Scheibel) Final Adoption - 89-1275 - An ordinance amending Section 34 of the Civil Service Rules by establishing the classification of Public Health Division Manager in the Unclassified Services. Councilmember Rettman requested this item be referred to Committee for discussion. Councilmember Dimond moved aooroval of the ordinance. Councilmember Rettman said the attorney for the SPSO is not present today and this resolution should either be laid over or referred to Committee for consideration of their attorney being present. Councilmember Wilson requested an explanation for the reconsideration and he said he feels it is important for all parties involved to be oresent to comment and he recommended a one week layover. Councilmember Dimond called the question. (Discussion continued on following page) - 494 - August 24, 1989 (Discussion continued from previous oage)' Councilmember Lsooke in support of.acting today. There was considerable discussion and Jane McPeak stated the 'Civil Service Commission is authorized to either aoorove or veto Council 'action and she said items: brought uo for reconsideration need a majority of five votes for approval. Roll call on aooroval "of the resolution.' Adopted Yeas - 4 (Dimond/GOswitz/Long/Sonnen) Ord, #17677 Nays - 3 Rettman/Wilson/Scheibel) ' Councilmember Dimond moved that the meeting be adjourned. Roll call. ` Adopted' Yeas - 7 Nays - 0 ADJOURNED AT 10:45 A.M. ATTESTc ; punt rest en -- Copies sent, to Councilmen Minutes approved by Council iy er „ LMA:D.mk .. M, *IE v+ i August 24, 1989 (Discussion continued from previous oage)' Councilmember Lsooke in support of.acting today. There was considerable discussion and Jane McPeak stated the 'Civil Service Commission is authorized to either aoorove or veto Council 'action and she said items: brought uo for reconsideration need a majority of five votes for approval. Roll call on aooroval "of the resolution.' Adopted Yeas - 4 (Dimond/GOswitz/Long/Sonnen) Ord, #17677 Nays - 3 Rettman/Wilson/Scheibel) ' Councilmember Dimond moved that the meeting be adjourned. Roll call. ` Adopted' Yeas - 7 Nays - 0 ADJOURNED AT 10:45 A.M. ATTESTc ; punt rest en -- Copies sent, to Councilmen Minutes approved by Council iy er „ LMA:D.mk .. M, *IE MINUTES OF THE COUNCIL 9:00 A.M. AUGUST 29, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present -.7 - Council members Dimond, Long, Goswitz, Rettman, Scheibel,.Sonnen, Wilson Absent - 0 CONSENT AGENDA Upon request of Councilmember Rettman, Administrative Orders D-10403 and D - 1b1406 were referred to the Finance Committee for discussion, and Item No. 10 was deleted from the Consent Agenda. Councilmember Dimond moved approval of the Consent Agenda. Adooted Yeas - 7 Nays - 0 1. Administrative Orders D-10400 through D-10406 were noted as on file in the City Clerk's Office. 2. Resolution - 89-1490 - Aooroving and ratifying Memorandum of Agreement between the City and the Professional Employees Association. (Second Reading & Adoption - FOR ACTION) Adopted Yeas - 7 Nays.- 0 3. Resolution - 89-1520 - Aooroving consolidation of the St. Paul Fire Department Relief, Association with PERA - Police & Fire. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 4. Resolution - 89-1521 - Amending: the 1989 budget by adding $70,000 to the Financing & Spending Plans for the Public Works Traffic, Signal, Lighting & Maintenance fund. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 5. Resolution - 89-1522 -. Amending.the 1989 CIB Budget by adding $94,400 for unimproved. street contracts under assessments. (FOR ACTION) Adopted Yeas - 7 Nays - 0 6. Resolution - 89-1523 - Designating Tom Eggum as Director of the Public Works Department effective September 2nd. (FOR ACTION) Adopted Yeas - 7 Nays - 0 7. Resolution 89-1524 - Aooroving the reappointment by the Mayor of Robert Lowe, Sr. to serve on the Board of Directors of District Energy St. Paul, Inc. (FOR ACTION) Adopted Yeas - 7 Nays - 0 8. Resolution - 89-1525 - Aooroving the rea000intments by the Mayor of Carol Ann McGuire, Scott Bunin, Charles Steffel and Craig Wruck to serve on the Metr000litan Aircraft Sound Abatement Council. (FOR ACTION) Adopted Yeas - 7 Nays - 0 9. Resolution - 89-1526 - Approving the appointments and reappointments by the Mayor of Richard Willits, Lillian Micke and Diane Bronk to serve on the Public Housing Agency. (FOR ACTION) Adopted Yeas - 7 Nays - 0 - 496 - s rl �' la MINUTES OF THE COUNCIL 9:00 A.M. AUGUST 29, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present -.7 - Council members Dimond, Long, Goswitz, Rettman, Scheibel,.Sonnen, Wilson Absent - 0 CONSENT AGENDA Upon request of Councilmember Rettman, Administrative Orders D-10403 and D - 1b1406 were referred to the Finance Committee for discussion, and Item No. 10 was deleted from the Consent Agenda. Councilmember Dimond moved approval of the Consent Agenda. Adooted Yeas - 7 Nays - 0 1. Administrative Orders D-10400 through D-10406 were noted as on file in the City Clerk's Office. 2. Resolution - 89-1490 - Aooroving and ratifying Memorandum of Agreement between the City and the Professional Employees Association. (Second Reading & Adoption - FOR ACTION) Adopted Yeas - 7 Nays.- 0 3. Resolution - 89-1520 - Aooroving consolidation of the St. Paul Fire Department Relief, Association with PERA - Police & Fire. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 4. Resolution - 89-1521 - Amending: the 1989 budget by adding $70,000 to the Financing & Spending Plans for the Public Works Traffic, Signal, Lighting & Maintenance fund. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 5. Resolution - 89-1522 -. Amending.the 1989 CIB Budget by adding $94,400 for unimproved. street contracts under assessments. (FOR ACTION) Adopted Yeas - 7 Nays - 0 6. Resolution - 89-1523 - Designating Tom Eggum as Director of the Public Works Department effective September 2nd. (FOR ACTION) Adopted Yeas - 7 Nays - 0 7. Resolution 89-1524 - Aooroving the reappointment by the Mayor of Robert Lowe, Sr. to serve on the Board of Directors of District Energy St. Paul, Inc. (FOR ACTION) Adopted Yeas - 7 Nays - 0 8. Resolution - 89-1525 - Aooroving the rea000intments by the Mayor of Carol Ann McGuire, Scott Bunin, Charles Steffel and Craig Wruck to serve on the Metr000litan Aircraft Sound Abatement Council. (FOR ACTION) Adopted Yeas - 7 Nays - 0 9. Resolution - 89-1526 - Approving the appointments and reappointments by the Mayor of Richard Willits, Lillian Micke and Diane Bronk to serve on the Public Housing Agency. (FOR ACTION) Adopted Yeas - 7 Nays - 0 - 496 - _4 - 497 - a J /1 1 p, August 29, 1989 Y t 11. Resolution - 89-1528 - Authorizing proper City officials to execute a quit claim deed to the State of Minnesota for vacated land bounded by John Ireland 'x Boulevard, Summit and Rice to use said land forthenew Minnesota History Center. (FOR ACTION) Adopted Yeas - 7 Nays - 0 12. Resolution - 89-1529 - Indemnifying and holding harmless Continental Cablevision t' of St. Paul from claims arising out of the Police Department's installation of public safety radio equipment. (FOR ACTION) Adopted Yeas - 7 Nays - 0 13. Resolution - 89-1530 - Confirming youth gang graffiti does exist at 1150 and 1158 Selby and directing the Department of Community Services to send notice of for tuime certain said graffiti to be removed. (FOR ACTION - Hearing held Aust 1st l Adopted -) Yeas - 7 Nays - 0 14. Resolution - 89-1531 - Approving lot split with variance for property located at 1208 Beech. (FOR ACTION - Hearing held May 78th) Adopted Yeas - 7 Nays - 0 15. Resolution - 89-1532 - Aooroving revised plat approval for Riverview Industrial Park No. 4. (FOR ACTION - Hearing held July 206) Adopted Yeas - 7 Nays - 0 16. Resolution - 89-1533 - Apuroving revised plat aooroval for Riverview Industrial Park No. 6. (FOR ACTION - Hearing held July 206) Adopted Yeas - 7 Nays- 0 17. Resolution - 89-1534 - Approving assessment for. the boarding up of vacant dinjs June 1989, and setting date of public hearing for October. 5th. trough (FOR Adooted Yeas - 7 Nays - 0 18. Resolution - 89-1535 - Approving assessment in conjunction with the Albemarle/Nebraska Area Street Paving & Lighting project, and setting date of public hearing for October 3rd. (FOR ACTION) Adooted Yeas - 7 Nays - 0 19. Resolution -.89-1536 - Aooroving assessment in conjunction with the Albemarle/Nebraska Area Storm Sewer project, and setting date of public hearing for October 3rd. Adooted Yeas - 7 Nays - 0 10. Resolution -89-1527 - Honoring the St. Paul Winter Carnival Senior Royal Family and extending appreciation to them for their contributions to the populace. ` (FOR ACTION) Councilmember Rettman welcomed the Senior Royal Family of the St. Paul Winter Carnival oresent today and she moved approval of the resolution. Adooted Yeas - 7 Nays - 0 Members of the Senior Royal Family were introduced to the Council and presentations were made to the City Clerk and to Councilmember Rettman. Councilmember Dimond oresented to Councilmember Sonnen an "Our Fair Carousel" t - shirt and urged Councilmembers and citizens to ride the Carousel at the State Fair. _4 - 497 - a lb 3 498 - �k AM R �n t - f August 29, 1989 ORDINANCES rY 20. Final Adoption - 89-1398 - An ordinance amending Chanter 409 of the Legislative / Code' pertaining to ggaambling managers by increasing allowable compensation to them and other employees by setting new uooer and lower limits for their compensation. (Community &Human Services Committee recommends approval) Counilmember Rettman moved approval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17678 COMMIITEE REPORTS d( y 21. Resolution - 89-1218-A - Amending the 1989 budget by adding $15,733 to the FihancinQQ & Spending Plans for Police -Special Projects -Uniform Crime Reporting Grant: 'lhinance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 22. Resolution - 89-1218-B —Authorizing a Federal Uniform Crime Reporting Agreement with the Bureau of Criminal,ADprehension. (Finance Committee recommends approval Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 N J 23. Resolution - 89-1279 —Amending the 1989 budget by adding $15,696 to the Financing & Spending Plans for removal of hazardous waste dumped in Lilydale. 1 1> (Finance Committee recommends approval) Counilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0, ( �? 5' 24. Resolution - 89-1280 - Amending the 1989 budget by adding $68,625 to the Financing & Spending Plans for Personnel Office salary market study. (Finance Committee recommends denial) Councilmember Long moved denial of the resolution. Adopted Yeas - 7 Nays - 0 • The resolution Mas denied:'; 25. Resolution ='89=1341 -Amending the`1989'budget by adding $23,650 to the Financing & Spending Plans in the City Clerk's Office for official publication costs: Finance Committee recommends approval) Councilmember Long moved approval of the resolution. ' Adopted Yeas - 7 Nays - 0 26. Resolution - 89-1342 - Amending the 1989 budget by transferring $25,000 from Contingent Reserve to City Clerk's Office -Records for official publication costs. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-1426 Amending the 1989 budget by adding $24,240 to the Financing & Spending Plans for General Fund -PED 1990 U.S. Decennial 'Census. (Finance Committee recommends approval) — Counilmember Long moved approval of the resolution. Nays 0 Adopted Yeas - 7 - ml jy 28. Resolution - 89-1380 - Allowing City to contribute its portion of buy-back pension coverage for Parks Department employee Edna Alford. (Finance Committee ,k recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 1 (Rettman) lb 3 498 - Q ,.•lam , t,.,_.,4. , .. w '� August 29, 1989 NEN BUSINESS - RESOLUTIONS 29. Resolution - 89-1537 - Reinstating refuse hauling, solid waste transfer station and private fuel pump licenses to Poor Richards, Inc. and allowing said licenses to continue until September 11, 1989 at which time licenses shall be suspended until further review. (FOR ACTION) John Daubney, attorney representing Poor Richards, Inc., aooeared and stated conditions previously outlined have been met by his client and the residential trash removal business has been sold and he is requesting retaining the transfer station with gas pumps. He explained application has been made site plan review and variance and is pending. There was some discussion and Councilmember Scheibel stated this resolution if adopted would lift all suspensions previously acted on unanimously by Council. Councilmember Rettman stated one of the stipulations made was for auolication to be made for site plan review and variance to be approved. She said she feels it would be inappropriate to approve this resolution after Council suspended their licenses and it would send mixed messages to staff on enforcement. Councilmember Dimond said Poor Richards has been a detriment to the neighborhood for a number of years and he spoke in strong opposition to the resolution. Tom Weyandt of the City Attorney's Office appeared and said the License Director is recommending denial of this resolution as it would lift the susoension of all three licenses. He said recommendations made by staff have not been met and he suggested Council not act until a solid proposal is before them that meets all City laws. Mr. Daubney aooeared and urged Council to adoot the resolution stating his client has been in this business for over thirty years and that all recommendations made by the Administrative Law Judge have been met. Councilmember Rettman moved denial of the resolution. Adopted Yeas - 6 Nays - 1 (Goswitz) The "resolution was denied. PUBLIC HEARINGS 30. Third Reading - 89-1081 - An ordinance amending Chapter 331 of the Legislative Code oertaining to food licensing by authorizing the"orocess of the 'summary closing of, licensed food establishments, enacting the standards upon which closing.should take place and establishing'a hearing and appeal process subsequent to a summary closing. (Community & Human Services Committee submits to Council without recommendation - laid over from August 15th) Councilmember Rettman distributed copies and explained amendments to the ordinance and she moved approval of the amendments. Roll ,call on the amendments. Adooted Yeas - 6 Nays - 1 (GDswitz Frank Staffenson aooeared and said he met with members of the St. Paul Liquor and Restaurant Association and he spoke in su000rt of the amendments above. Sam CiresI, owner of The Q Coffee Shoo, aooeared and stated the restaurant industry agrees wholeheartedly with the intent of the resolution but he requested an amendment for a 24 hour period in order to make necessary repairs in certain situations. Frank Staffenson spoke in su000rt of that amendment. Councilmember Rettman said although she supports the ordinance wholeheartedly she will not su000rt a 24 hour, period as requested by Mr. Ciresi. Councilmember Wilson spoke in su000rt and moved approval of the 24 hour period. Roll call. Adooted Yeas - 6 Hays - 1 (Rettman) Councilmember Sonnen said she feels this ordinance is a good compromise. Upon question of Councilmember Long, Ed Starr said his office had been in contact with amendments to this ordinance and have approved the amendments. (Discussion continued on following page) 499 - August 29, 1989 (Discussion continued from Previous page) Councilmember Lonq referred to 'page 3 of the ordinance, Section (2)(i) and requested the word 'and".be added, and Councilmember Rettman acceoted that as a friendly amendment. Councilmembers Dimond and Long commended Councilmember Rettman for her hard work and efforts out forth on this ordinance. Laid over to September 5th for Final Adoption. 31. Hearing to consider the aooeal of Clara Charles to a Summary Abatement Order for oroperty located at 1023 Dayton. Councilmember Wilson stated he has been informed Ms. Charles' father Passed away over the weekend and he moved this appeal be laid over for three weeks to Seotember 19th. Roll call. Adopted Yeas - 7 Nays - 0 Laid over to September 19th. 32. Final Order - 89-1444 - Acquiring part of Blk. 13, Foundry Addition 'in conjunction _with -the Western/Atwater Ponding project. (Laid over from August 15th - Public Works Committee recommends denial) Councilmember Rettman suggested denying this order and preparing a new one and she explained this has been a very real neighborhood concern. Peter White aooeared and recommended an indefinite layover and he requested Council direction to contact District Councils for inout and for aooraisals in order to have all the facts when it is before Council again, and Councilmember Rettman spoke in support of the indefinite layover and giving direction to staff as requested. After further discussion there was agreement this order would be referred to the Public Works Committee and laid over indefinitely. Referred to the Public Works Committee. Councilmember Sonnen referred to the need for sediment and erosion control and for the need of an Environmental Division within the City and she referred to the issue of wetlands and said she will be drafting a resolution in the future on these subjects. 33. Resolution - 89-1451 - Ratifying assessment for boarding up of vacant buildings throwgh April 1989 for oroperty at 411 Morton. (Laid over from August 15th) John Betz aooeared and said originally this oroperty was owned by HUD but was sold to Chris Park who is responsible for the assessment. Councilmember Scheibel said We were going to find out if HUD would pay for this assessment and he suggested we 'pursue that discussion with HUD. Councilmember Dimond sooke on the need to be consistent and that the present oroperty owner is responsible for the assessment and he can go after HUD for reimbursement or payment. Councilmember Wilson said HUD is a Public agency and they have a responsibility and he sooke in su'p'port of sending the assessment to HUD for payment. Councilmember Wilson moved sending a bill to HUD for payment of the assessment with a written letter of explanation for response. Roll call on the motion. Ado'pted Yeas - 7 Nays - 0 34. Resolution - 89-1538 - Approving the renewal of various Class III Licenses as listed. (FOR ACTION) No one appeared in o'p'position. Council member Rettman moved aoDroval of the resolution. Adooted Yeas - 7 Nays - 0 - 500 - 3 � ,. _ y 7F>x«.; tAs:..� .(,i'A.i.'fP'N`'4.1n �};q`yi•'p '"''"x�Sf1-. ..�: Y'.'S°g'�W.... ;-...,� y t^ ,^.:'-; ^.. •x..., :-r ,: ..-. J yj August 29, 1989 Councilmember Scheibel announced there will be a Closed Session of -the' City Council'on Tuesday, Seotember'5th at 8:00 A.M.in'Room 707 City Hall to cdnsider Councilmember Long also requested an negotiations on' personnel matters, and update of the Firefighter test, litigation at that ,time. (CC #13181) Council member Long moved that the meeting be adjourned.' Adopted Yeas - 7 Nays- 0' ADJOURN'E'D AT 10:30 A.M. Council Presiden ATTEST: Copies sent to Councilmen Minutes approved by Council ABO:pmk - 501 - MINUTES OF THE COUNCIL 9:00 A.M AUGUST 31, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 6 - Councilmembers Dimond, Long, Goswitz, Rettman, Scheibel, Wilson Absent - 1 - Councilmember Sonnen (arrived at a Point during the meeting) CONSENT AGENDA Councilmember Dimond moved aooroval of the Consent Agenda: 1. Claim of Paul.Camobell,237 N. Lexington, filed August 22, 1989, was read. Referred to the 'City Attorney's Office. C1'aim of 'Lorna Conyers;744 Jessie; filed August 18,-1989, was read. Referred to the City, Attorney's Office.' Claim of Araia Eohrem,1988 Brewster #304, filed August 17, 1989, was read. Referred to the City Attorney's,Office. h Claim of Baryl, & Audrey'Erdman; 48 N1 Mississiooi River Blvd.,-filed 'August 21, 1989, was read. Referred to the City Attorney's' Office. Claim of Lisa Marie Garcia'(Keith Hanzel, attny.)'filed August 24; 1989, was read. Referred to the City Attorney's Office. Claim`.'of Charles Huebner,'.5317 - 180th St. W., Farmington, MN 55024, filed Au 21, 1989, was read. Referred to the City Attorney's Office. Claim of Thomas Johnson, 1867 Glen Terrace, filed August 22, 1989, was read. Referred to the ,City.'Attorney's Office: Claim of Marlene Mahaffey, 4843 Knox Ave. S., Minneapolis; MN 55409, filed August 22, 1989, was read. Referred to the City Attorney's, Office. Claim of Midway Twins Motor 'Inn (John Daubney, attny.) filed August 15, 1989, was read. Referred to the City Attorney's Office. Claim, of North Star Adjustment Company for Ellen Durkin, 325 Cedar, filed August 16, 1989, was read. Referred to the City Attorney's Office. Claim of Ruth Percival, 1988 Brewster #308, filed August 17, 1989, was read. Referred to the City Attorney's Office. Claim of Tracy Schwartz (Paige Donnelly, attny.) filed August 16, 1989, was read. Referred to the City Attorney's Office. Claim of Connie-Soroles, 1625 Sherburne #8, filed August 17, 1989, was read Referred to the City Attorney's Office. 502 - r August 31, 1989 Claim of Pao CityAttorney's Office. 22, 1989, was read. Referred to the 2. Summons and complaint in the matter of Harold Langeslag vs the City of St. Paul et al. Referred to the City Attorney's Office. 3. Summons and complaint in the matter of Nicollet Restoration, Inc. and John Kerwin vs the City of St. Paul et al. Referred to the CityAttorney's Office. 4. Summons and complaint in the matter of Audrey Petschen vs the City of St. PaulC Referred to the City Attorney's Office. 5. Petition of Rolee Smith Haloer, David Trach, Norman Smith, Rolee S. Haloer and Milton G. Smith to vacate alley running in an easterly/westerly direction abutting Lots 3-16 of Blk. 1, Stinson's Boulevard Addition for expansion of grocery store at Grand and Syndicate. (FOR REFERRAL TO THE FINANCE DEPARTMENT FOR CHECK AS TO'FORM AND SUFFICIENCY AND FOR RECOMMENDATION) Referred to the Finance Department for review and recommendation. 6. Letter' of the Finance Deoartment recommending a date of public hearing for October 3rd to consider the petition of Monica Polski and Gloria Gates for the vacation of strips along Maryland and Earl bounded by Cypress, Hawthorne, Earl and Maryland.' Laid over to Tuesday, October 3rd for Public Hearing. 7. Letter of the State Auditor submitting their audit report of the City's financial statements for 1988. (CC #13182) Filed 8. Resolution - 89-1539 - Amending the 1989 budget by adding $1,050,472 to the Financing & SDending Plans for Cash Flow Borrowing Debt Service. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance committee. 9. Resolution'- 89-1540 - Amending the 1989 budget by adding $246,151 to the Financingg & Spending Plans for CIS computer upgrading. (FOR REFERRAL TO THE FINANCE GOMMITIEE) Referred to the Finance' Committee. 10. Resolution - 89-1541 - Authorizing proper City officials to execute an agreement granting $2,000 to the Payne/Arcade Business Association in conjunction with the Payne -Arcade Harvest' Festival. (FOR ACTION) Nays - 0 Adooted 11. Resolution - 89-1542 - Authorizing Droner City officials to execute an agreement granting $2,000 to the West End'Business and Professional Association in conjunction with the West 7th a Street Parade and Coronation. (FOR ACTION) Adopted ctions'by the Board of ADDeals & Review dated 12. Resolution - 89-1543 - Approving a July 11, 1989 and for properties located at 880 Lincoln, Jack Halverson appellant; 126 E. 9th, Allen Kremer appellant; 614 Edmund, George Hernandez aooellant; 429 Fryy, Wayne Carlson appellant; 2089 Carter, Jay Gillesoie aooellant; 439-441-1/2 Wheeler, William & Martha Walsh appellant; 1477 Blair, CharlesM Laurents oelter pappellant17and 1033 W. 7th, Jeff IDavid Wiilkensore n appellant Lombard, ACTION) Adopted Yeas - 6 Nays - 0 503 - - 504 - 1 7 - ( I 1 August 31, 1989 - 13. Resolution - 89-1544 - Authorizing , proper City officials to execute a quit claim t 11 deed to the owners for vacated property described as Lots 1 and 2, Bl k. of p bounded by Fifth, Sixth, Wacouta and Wall. (FOR kWhitney and Smiths Addn. ACTION) 4 Adopted Yeas - 6 Nays - 0 3 c 14. Resolution - 89-1545 - Authorizing payment in the amount of $2,500 to Mary St. (FOR „ Martin from the Tort Liability Fund in full settlement of her claim. 3 ACTION). Adopted Yeas - 6 Nays - 0 j PUBLIC HEARINGS i ..; 16. Hearing to consider the oetition of Dennis Trooien for approval of final plat of River Park Plaza Addition located north of Fillmore between State and Robert i ' ,. Streets. RogerRyan of PED aooeared and requested a two week layover. to Councilmembers Dimond and Goswitz movedahis item be laid over for two weeks Lt September 14, 1989. Nas_O, 6 Y Adboted Yeas - Laid over to September 14th. ! 17. Resolution.- 89-1546 - Granting the petition of Richard mmfor the vacation N 3rd) r Aug of Cottage between. Arkwri ght and Edgemont: (Laid over from August laid three weeks to Upon request:"of Councilmember. . Goswitz this item was over Thursday, September 21st. Laid over to September 21st. .. 18. Resolution,, 89;1547 - Approving the request by Lowell Pickett dba Dakota Bar & to inside the mall = Grill at Bandana Square for extension of ,liquor service area to establishment onFriday, September 8th, 15th and area directly :adjacent .the 22nd between the hours of 6:00 P.M. and 10:00 P.M. in conjunction with Bandana Square concerts. (FOR ACTION) No one aooeared in opposition. Councilm6mbers Dimond and Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 19. Resolution - 89-1548 - Approving the transfer of Off Sale Liquor and Original Inc dba Lex Liquor Warehouse located - Container License currently issued to L.G. at 451 N. Lexington to JMS.Investments, Inc. dba Lex Liquor Warehouse located at the same address. (FOR ACTION) No one aooeared in opposition. Councilmember Wilson moved approval of the resolution. Adopted _ Yeas - 6 Nays.- 0 20. Resolution - 89-1295 - Approving with stipulation application for General Repair dba All State Transmission located Garage License. applied for by Peter.Steichen at 293 Front. (FOR ACTION -Laid over from June 20th) �s sp No one aooeared in opposition. Councilmember Rettman stated there was much discussion at the District 6 a �1 Community Council meeting and that District 6 is recommending approval for bench p v work only. Councilmember Wilson said he has been approached regarding this property as an l y „) history designated site and he said he will work with Councilmember Rettman on this.. Councilmember Rettman moved approval of the resolution. rY (' r Roll call. Adopted Yeas - 6 Nays - 0 - 504 - 1 August 31, 1989 15. Third Reading - 89-1419 - An ordinance amending Chapter 60 of the Legislative Code pertaining to Heliports and Helistoos. Councilmember Scheibel referred to a memo of Roger Ryan outlining amendments recommended by staff. Roger Ryan appeared and explained the proposed ordinance and proposed amendments which deal with the amount of space between the heliport and residential use property and also to what spacing requirements are measured to between heliports and helistoos and residential zoned property. Councilmember Wilson stated there has been no opposition to recommendations made by staff. Antoniades Selma, 399 E. Curtice, appeared and stated the position of the District 3 West Side Council, submitted a oetition of 36 residents of the Wilder Residence in opposition, and she sooke on her own behalf in 0000sition to the ordinance stating all Proposals areunacceptable to the People of the West.Side. Councilmember Sonnen arrived at this point in the meeting. A woman aooeared and spoke in support and agreement to all of the above statements of Ms. Selma. Duffy Pearce aooeared and said she is a member of the West Midway Heliport Task Force and she said no neighborhood should have to live with this type of noise level and she spoke in su000rt of a 2,000 ft. requirement. Paul Savage, 2170 Carter, aooeared and said he is a member of the District 12 Community Council as well as the Heliport Task Force. He said he believes the City has a responsibility to control the operations at Holman Field and he thanked PED staff for working with the neighborhoods and on behalf of District 12 he urged Council to adopt the ordinance as amended by staff. Jim Riley appeared and said the Metropolitan Council supoorts his operation 100 percent: Ht referred to State Statutes regarding -noise levels and said he believes this proposed ordinance would violate: those statutes. Scott Heiderich, 1966 Portland,aopeared and said: he is a member of the Merriam Park Community Council and he.agrees.with the proposed staff amendments but he referred to and explained some concerns he still has. No one else aooeared. Councilmember Dimond moved that the public hearing be closed. Adooted Yeas - 7 Nays - 0 Upon question of Councilmember Sonnen, Roger Ryan defined accessory uses and Councilmember Goswitz requested the definitions in written form by Final Adootion of this ordinance. Councilmember Dimond moved approval of an amendment for a distance of 2,000 feet. Councilmember Scheibel agreed we need to look at the distance to residential areas and to the need for guidelines to meet all conditions. Councilmember Long said confining the noise level to one area is best and he said he disagreed with comments made by Mr. Riley and said Council can adopt a Land Use measure and he said he is in su000rt of the amendment., There was some discussion and agreement to vote on the amendments made by PED staff first. Councilmember Rettman moved approval of amendments recommended by staff. Roll call. Adopted Yeas - 7 Nays - 0 Councilmember Dimond renewed his Previous motion. Councilmember Scheibel said the question is the need for expansion and he said we can control land use. Councilmember Rettman expressed concerns with 2,000 feet being too restrictive. Councilmember Sonnen sooke.in su000rt of the 2,000 foot restriction and said the City can regulate land uses. Jerry Segal aooeared and said the Council is using rationale in setting distance requirements and the ordinance is directed at land use issues. (Discussion continued on following page) - 505 - i L August 31, 1989 (Discussion continued from orevious page) Councilmember Scheibel suggested voting on the motion for amendment and then have staff draft a report on the 2,000 foot restriction with the Metr000litan Airoort Commission to comment on the report. Councilmember Wilson said he would Prefer to be able to review the report and then -vote. ,Upon request of Councilmember Sonnen, Gary Schmidt of the Metropolitan Airports Commission.aopeared and said he has not yet seen atopy of the proposed amendments recommended by staff but he will respond when he has reviewed it. He said he .believes the 2,000 feet creates ore -emotion and is overly restrictive. Councilmember Scheibel said the motion before us is to have an amendment and reoort prepared regarding the 2,000 foot restrictions. . Roll call. Adopted Yeas 7 Nays - 0 Upon question of Councilmember Sonnen, Roger Ryan stated the moratorium expires October 7 but can be extended: ., The ordinance was laid over to September 14th for Final Adoption. At this time Council recessed and reconvened., 22. Report of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the, matter, of adverse hearing involving licenses held by Caravelle Restaurant located at 799.University Avenue. ?FOR ACTION - NOT CONTESTED) A resolution was circulated and it was noted by the City Clerk it is not contested. Tom Weyandt of the City Attorney's Office appeared and referred to numerous reports -on this establis ment and stated the Health Division feels this license should be revoked.. Raymond Hall, attorney representing the Caravelle Restaurant, appeared ,and presented a brief history:of this establishment and he referred to his client's willingness to correct items and he introduced.Dr. Peter Schneider who is Present to speak on behalf of the licensee. Therewas some discussion and agreement, to hear the statement by Dr. Schneider and Mr. Weyandt stated he is comfortable with hearing his statement. .Dr. Peter Schneider of the Hospitality House aooeared and explained how he visited this establishment with the owner and he encouraged the owner to get .training forthis type of license. Councilmember Wilson said there were substantial violations but he believes they were due to lack of awareness and upon reviewing this issue he feels corrective action would be in the best interest of the licenseholder as well as ,the City. Upon question.of Councilmember Dimond, Bill, Gunther aooeared and said he recommended revocation because of the non -demonstration to keep uo the operation help of ensue itsbupk eptand hee noted�thatltraining doesn'tnnecessarilylchange behaviors. Counciimember Wilson moved aooroval of a 30 day stayed,susoension for one year based on the six conditions in the August 18th letter of the Health Division. and he said if the requirements are not all met the issue will be back before Council. Roll call on the motion. Adopted Yeas - 7 Nays - 0 21. Resolution - 89-1549 - Aooroving with stipulation the transfer of On Sale Wine (menu only), On Sale 3.2 Malt Beverage and Restaurant Licenses currently issued to the Caravelle Seafood Restaurant located at 799 University. (FOR ACTION) - No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 506 - . _. August 31, 1989 Councilmember Long moved that the rules be suspended to consider an item not on the agenda pertaining to the Edgcumbe School site. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 Resolution - 89-1583 - Finding the continued use of the Edgcumbe School site for school and open space ourooses is consistent with the City's Comprehensive Plan, requesting the School Board in any sale to Talmud Torah to provide certain language in the Purchase agreement on the future use of open space, and acknowledging the School District's committment to the City in any sale of the site to make suitable School District space available to retain the Southwest Team Police Station in the Highland area. Councilmember Long moved approval of the resolution. Councilmember Rettman said she supports the intent and spirit of the resolution but said she would be more comfortable if language was deleted regarding the sale of ooen land with language added 'subject to final approval by the City Council". Councilmember Long accented that as a friendly amendment. Roll call on the motion for aooroval as amended. Adopted Yeas - 7 Nays - 0 -Council member Long moved that the rules be suspended to consider an item not on the agenda pertaining to adequate staffing at Como Zoo and Conservatory. Roll call on the motion for suspension Adopted Yeas - 7 Nays - 0. Resolution - 89-1378 - Amending the ,1989 budget by adding $20,972 to the financing & Spending Plans for Community Services -Como Zoo and Conservatory'. and adding 0.6 FTE of custodial engineering for a 24 hour per day schedule 365 days per year. Councilmember Rettman spoke in support and moved approval of the resolution. Greg'Blees appeared and explained the resolution and answered questions of Councilmembers. Councilmember Wilson said we need staff to maintain the heating plant but we do have a budget and he said he doesn't understand the reason to spend money. on overtime on something we need all of the time, and Mr. Blees said the issue is overtime or hiring another person. There was considerable discussion and Councilmember Scheibel said the two issues are the 1990 bud gget and thenecessityfor plant maintenance. . Upon question of Councilmember Rettman, John Poor appeared and said this issue has been a oroblem since 1984 and funding has been requested since 1986. There was further discussion and Councilmember Long moved to lay this item over until Tuesday, September 5th. Roll call on the motion for layover. Adopted Yeas - 4 (Dimond/Goswitz/Long/Scheibel) Nays - 3 (Wilson/Rettman/Sonnen) Councilmember Scheibel said he will supoort the resolution but legitimate questions and issues were raised today which need answers. Councilmember Wilson moved that the rules be suspended to consider an. item not on the agenda pertaining to the nation of Colombia. Roll call. Adopted Yeas - 7 Nays - 0 Resolution - 89-1584 - Su000rting the President, public officials, judges and citizens of Colombia for their brave and courageous efforts to eradicate the criminal drug element from their country and to extradite wanted drug criminals to the United States for prosecution. Roll call. Adopted Yeas - 7 Nays - 0 - 507 August 31, 1989 Councilmember Dimond moved that the meeting be adjourned. Adooted Yeas - 7 Nays - 0 ADJOURNED DAT 11:45 A.M. ounce restTenF- ATTEST: Conies sent to Councilmen 42 Minutes aPproved by Council C%O�.,IerK . pmk - 508 - - -- - -------- 1 } +, r 4.1 ;t. Y � � �rrts � \ - S,mratmx'.9nrT•. 'i',n°.P2as« ,;.,��-nk��.ar:mr M^<e+,�,..A�......-.....,�.�,__..� .._�__.. _-._ ... MINUTES OF THE SAINT PAUL CITY COUNCIL N� TUESDAY, SEPTEMBER 5, 1989 3� :+ 8:00 A.M., ROOM 707 f , CITY HALL AND COURT HOUSE - ALBERT B. OLSON, CITY CLERK a. The meeting was called to order by President Scheibel at 8:10 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, j P Wilson -- n z; Absent 0 _ h# Also Present - Mayor Latimer, Terrance Sullivan, Jane McPeak, Al Olson, Jim Lombardi, Mark Robertson, Ron Guilfoile, Rafe Viscasillas, and Lee Ann Turchin. w+ The City Council met in closed session to discussion 1990 Labor Negotiation issues: (CC $13183) A D J O U N E- D A T 9:00A.M: �—ami l Fresi erg ATTEST: Copies sent to Councilmembers 9 .7 ) Minutes approved by Council /0 -3 -fig b iyCler ABO:omk k _ r - 509 - i y� MINUTES OF THE COUNCIL 9:00 A.M $' SEPTEMBER 5, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE w SAINT PAUL, MINNESOTA JJ y / The meeting was called to order by President Scheibel at 9:10 A.M. t, Present - 6 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Long (arrived at a point during the meeting) MINUTES OF THE COUNCIL 9:00 A.M $' SEPTEMBER 5, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE w SAINT PAUL, MINNESOTA JJ y / The meeting was called to order by President Scheibel at 9:10 A.M. t, Present - 6 - Councilmembers Dimond, Goswitz, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Long (arrived at a point during the meeting) - CONSENi AGENDA Councilmember Scheibel noted Items 5 and 6 are to be referred to the Community & Human Services Committee and Item 12 will be oulled from the Consent Agenda for discussion. a . Upon request of Councilmember Sonnen, Item 11 was culled from the Consent Agenda for discussion. is Councilmember Rettman moved approval of the Consent Agenda as amended above. Roll call." Adooted Yeas - 6 Nays - 0 4 1. Appeal of Larry Propotnik to a. Vehicle Abatement Order for property located at 102 Clear. '(City Clerkrecommends date of hearing be established for September 21, 1989, i Councilmember Rettman moved aooroval of the date of hearing for September 21st. Adopted- Yeas-- 6 Nays - 0 2. Appeal of Audrey Petschen to a Summary Abatement Order for property located at i 1274 Sherburne. (City Clerk recommends date of hearing be established for September 21, 1989) ' Councilmember Rettman moved aooroval of the date of hearing for September 21st. Adopted Yeas - 6 Nays - 0 3. Letter of the State Department of Revenue submitting Application No. 341666 of Richard M. Simmer for Gary Wiggins for AT&T Communications of the Midwest, Inc. for reduction of assessed valuation for certain real estate in the City. Filed (CC #13184) 4. Letters of the State Department of Revenue submitting Application Nos. 341667, 341668, 341669, 341670, 341671, 341672 and 341673 of Richard M. Simmer for Northwestern Bell Tel. Co. for reduction of assessed valuations for certain real estate m the City. Filed (CC #13184) 5. Resolution - 89-1550 - Amendging the 19866g and 1987 CIB budgets by adding to the for Island Park De COMMITTEE)riet elo ment PhaseI. (FOR REFERRAL TO THEiFINANCEns Referred to the Community & Human Services Committee. 6. Resolution - 89-1551 - Accepting the Harriet Island and Watergate Marina 1989 Market Studies. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Community & Human Services Committee. 7, - 89-1552 - Authorizing proper City officials to execute an agreement gRgesolutiion e)Dunning Boosters for the purpose of staging the Dunning Feanting.$12065 to the stivaAdopted Yeas - 6 Nays - 0 - 510 - September 5, 1989 B. Resolution - 89-1553 - Authorizing Proper City officials to execute an agreement granting $1,000 to Merriam Park Community Center, Inc. for the purpose of staging the Community Festival/50th Anniversary. (FOR -ACTION) Adooted Yeas - 6 Nays - 0 9. Resolution - 89-1554 - Authoryizing proper City officials to execute an agreement then Raymond Avenue 000 to St. AntBri gehCelebrationmm (FOR ACTION) for the purpose of staging Adopted Yeas - 6 Nays - 0 10 Resolution - 89-1555 - Authorizing proper City officials to execute an agreement with Ramsey County Community Human Services renewing contract for the S'More Fun Program oroviding child care and recreation. (FOR RCTION) k' Adopted Yeas - 6 Nays - 0 t; p•,, 13. Resolution - 89-1558 - Authorizing proper City officials to execute a contract r r between ISD #625for provision of buildingg enggineering and maintenance service September 5, 1989 B. Resolution - 89-1553 - Authorizing Proper City officials to execute an agreement granting $1,000 to Merriam Park Community Center, Inc. for the purpose of staging the Community Festival/50th Anniversary. (FOR -ACTION) Adooted Yeas - 6 Nays - 0 9. Resolution - 89-1554 - Authoryizing proper City officials to execute an agreement then Raymond Avenue 000 to St. AntBri gehCelebrationmm (FOR ACTION) for the purpose of staging Adopted Yeas - 6 Nays - 0 10 Resolution - 89-1555 - Authorizing proper City officials to execute an agreement with Ramsey County Community Human Services renewing contract for the S'More Fun Program oroviding child care and recreation. (FOR RCTION) k' Adopted Yeas - 6 Nays - 0 t; p•,, 13. Resolution - 89-1558 - Authorizing proper City officials to execute a contract r between ISD #625for provision of buildingg enggineering and maintenance service for the 215 E. 9th Street facility. (FOR ACTION) Adopted Yeas - 6 Nays - 0 14. Resolution - 89-1559 - Aoproving actions by the St. Paul Board of Appeals & ,4 i Review on July 11, 1989 and for properties at 429 Fry, Wayne Carlson appellant; 279' Aurora; Susan Mundinger appellant; 1332-1338 Randolph and 486-492 Hamline, Sidney Gershcow auellant; and 1477 Blair; Joseph Moelter appellant. (FOR ACTION) Adopted Yeas - 6 Nays - 0 fF 15. Resolution - 89-1560 - Setting a date of public hearing for October 10, 1989 to ;I consider adoption of service charges against benefitted prpperties for the 1989 ? Street and Alley Maintenance Program. (FOR ACTION) 4s Adopted Yeas - 6 Nays - O 16. Resolution - 89-1561 - Setting.a date of public hearing for October 10, 1989 to s.; consider, the level of street and alley maintenance to be performed in 1990 and the costs to'be= charged against' benefitted properties. (FOR ACTION) Adopted Yeas - 6 Nays - 0 17. Resolution - 89-1562 - Authorizing the Director of Public Works to request a variance from Municioal State Aid rules for street width on Front Avenue between Western and Rice. (FOR ACTION) ' Adopted Yeas - 6 Nays - 0 18. Resolution - 89-1563 - Affirming the decision by the Board of Zoning Appeals and denying the appeal of LARA Investments for property located at 965 Arcade. (FOR ACTION - Hearing held August 8th) Adopted Yeas - 6 Nays - 0 rP 19. Resolution- 89-1564 - Aooroving Police Relief Association by-law changes granting increased survivor benefits, five year vesting and addition of retirees Directors. (FOR ACTION) i t � to the Board of Adopted Yeas - 6 Nays - 0 20. Resolution - 89-1565 - Approving assessments for the Cleveland/Portland Area ut Sewer project, and setting date of public hearing for October 17th. (FOR ,r AStorm CTION Adooted Yeas - 6 Nays - 0 21. Resolution - 89-1566 - Aoproving assessment for the Cleveland/Portland Area ?z�Et Street Paving & Lighting project, and setting date of Public hearing for October 17th. (FOR ACTION) Adopted Yeas - 5 Nays - 0 i -511- September 5, 1989 22. Resolution - 89-1567 - Approving assessment by improving Selby between Howell and Fairview in conjunction with the Cleveland/Portland Area Street Paving & Lighting Droject, and setting date of public hearing for October 17th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 23. Resolution - 89-1568 - Approving assessment for the Syndicate/Fairmount Area Street Paving & Green Lantern Street Lighting project, and setting date of public hearing for October 17th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 24. Resolution - 89-1569 - Aoproving assessments in conjunction with the Syndicate/Fairmount Area Storm Sewer project, and setting date of public hearing for October 17th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 25. Resolution - 89-1570 - Approving assessment for the level of operation and maintenance of Town Square public spaces located within Cedar, 81;h, Minnesota and Sixth Streets for the Deriod of July 1, 1989 through June 30, 1990, and setting date of public hearing for October 10th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 26. Resolution - 89-1571 - Approving assessment for the improvement of Sargent between Snelling and Pascal in conjunction with the Syndicate/Fairmount Area Street Paving & Lighting project, and setting date of public hearing for October 17th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 27. Resolution - 89-1572 - Approving assessment for constructing green lantern style street lighting system on St. Clair from Snelling to Lexington Parking in conjunction with the Syndicate/Fairmount Area Street Paving & Lighting project, and setting date of public hearing for October 17th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 11. Resolution - 89-1556 - Adopting the Heliport amendment to the Plan for Land Use as Dart of the Comorehensive Plan subject to review by the Metropolitan Council. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Councilmember Sonnen said this resolution would Drovide,for the insert of zoning amendments into the Land Use and Comprehensive Plans as, approved by the Council. There was some discussion and agreement for this resolution to be laid, over until the related ordinance is before Council. Laid over to September 14, 1989. 12. Resolution - 89-1557 - Directing the administration to begin immediate proceedings to acquire by Dower of eminent domain or other anoropriate means the Phalen Creek Trail from Kellogg Boulevard on the south t6i Larpenteur on the north. (FOR ACTION) Councilmember Scheibel referred to upcoming joint meetings between the City and County. Councilmember Dimond requested if this resolution is referred to Committee that all negotiations with the County be ceased. County Commissioner John Finley as Chair of the Regional Rail Authority appeared and he referred to and submitted a memo he received pertaining to the trail and said this issue is appropriate to consider with the Comprehensive Plan. After considerable discussion there was agreement this item will be heard before the Joint Public Works/Housing & Economic Development Committee. Referred to the Joint Committee of Public Works and Housing & Economic Development. Councilmember Long arrived during the above discussion. - 512 - i September 5, 1989 ORDINANCES 28. Final Adoption - 89-1081 - An ordinance amending Chapter 331 of the Legislative Code Pertaining to food licensing by authorizing the process of the summary closing of licensed food establishments, enacting the standards uooii which closing should take Dlace and establishing a hearing and appeal process subsequent to a summary closing: (Community & Human Services Committee submits to Council without recommendation) Councilmember Rettman moved approval of the ordinance. Adopted" Yeas - 7 Nays - 0 Ord. fl17679 29. First Reading - 89-1573 - An ordinance amending the Administrative Code by adding a new chapter establishing a Parks and Recreation Commission for the City and providing for its powers and staffing. (FOR ACTION) Laid over to September 12th for Second Reading. 30. First Reading - 89-1574 - An ordinance amending Chapter 409 of the Legislative Code pertaining .to hours' and days of sale for intoxicating liquor licenses in conformity with recent State law changes. (FOR REFERRAL TO 'THE COMMUNITY & HUMAN SERVICES COMMITTEE) Councilmember Sonnen requested that the Liquor Dealer Association be requested to do a survey on the desire for this ordinance, and Councilmember Rettman' stated she will notify both the Liquor Association and the Hospitality Association of the Committee meeting date. Referred to the Community & Human Services Conmittee. 31. First Reading = 89-1575 - An ordinance amending Chanter 409 of the Legislative Code allowing fines in off -sale intoxicating liquor establishments in lieu of suspensions. (FOR ACTION),, Councilmember Wilson expressed concern with the square footage for retail spaces and Councilmember Rettman requested that the City Clerk and License Director work together to contact all licenseholders pertaining to the Public hearing. Laid over to September 12th for Second Reading. Legislative Firs 32 Cadetpertain Reading g to toning text ochanges' erelated �to restaurant hapter 60 �f(FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to,the Housing & Economic Development Committee. PUBLIC HEARINGS 33. Resolution - 89-1577 Granting .the petition of. the City for the vacation of Darts of Lots 27-30, Blk. 4, Aurora Addition l'oca'ted at the intersection of Hazel and Bush. No one appeared in opposition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 34. Resolution - 89-1578 - Ratifying assessment for the Starkey/Plato Area Storm Sewer project. (Public Works Committee recommends approval) It was noted one written objection was received from Chicago and Northwestern Transportation Company, No one appeared in opposition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 - 513 - J ... ... .. i September 5, 1989 ORDINANCES 28. Final Adoption - 89-1081 - An ordinance amending Chapter 331 of the Legislative Code Pertaining to food licensing by authorizing the process of the summary closing of licensed food establishments, enacting the standards uooii which closing should take Dlace and establishing a hearing and appeal process subsequent to a summary closing: (Community & Human Services Committee submits to Council without recommendation) Councilmember Rettman moved approval of the ordinance. Adopted" Yeas - 7 Nays - 0 Ord. fl17679 29. First Reading - 89-1573 - An ordinance amending the Administrative Code by adding a new chapter establishing a Parks and Recreation Commission for the City and providing for its powers and staffing. (FOR ACTION) Laid over to September 12th for Second Reading. 30. First Reading - 89-1574 - An ordinance amending Chapter 409 of the Legislative Code pertaining .to hours' and days of sale for intoxicating liquor licenses in conformity with recent State law changes. (FOR REFERRAL TO 'THE COMMUNITY & HUMAN SERVICES COMMITTEE) Councilmember Sonnen requested that the Liquor Dealer Association be requested to do a survey on the desire for this ordinance, and Councilmember Rettman' stated she will notify both the Liquor Association and the Hospitality Association of the Committee meeting date. Referred to the Community & Human Services Conmittee. 31. First Reading = 89-1575 - An ordinance amending Chanter 409 of the Legislative Code allowing fines in off -sale intoxicating liquor establishments in lieu of suspensions. (FOR ACTION),, Councilmember Wilson expressed concern with the square footage for retail spaces and Councilmember Rettman requested that the City Clerk and License Director work together to contact all licenseholders pertaining to the Public hearing. Laid over to September 12th for Second Reading. Legislative Firs 32 Cadetpertain Reading g to toning text ochanges' erelated �to restaurant hapter 60 �f(FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to,the Housing & Economic Development Committee. PUBLIC HEARINGS 33. Resolution - 89-1577 Granting .the petition of. the City for the vacation of Darts of Lots 27-30, Blk. 4, Aurora Addition l'oca'ted at the intersection of Hazel and Bush. No one appeared in opposition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 34. Resolution - 89-1578 - Ratifying assessment for the Starkey/Plato Area Storm Sewer project. (Public Works Committee recommends approval) It was noted one written objection was received from Chicago and Northwestern Transportation Company, No one appeared in opposition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 - 513 - Seotember 5, 1989 35. Resolution - 89-1579 - Aooroving aoolication for the transfer of Off Sale 3.2 Malt Beverage and Grocery Licenses by M.A. Food Store, Inc. dba M.A. Food Store located at 694 Rice to 721 Jackson. No one appeared in opposition. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-1580 - Aooroving aoolication for the transfer and activation of On Sale Liquor license currently held by In Site Hospitality, Inc. dba Alfredo's located at 400 Sibley to The University Club of St. Paul, Inc, located at 26 E. Exchange. Noone appeared in' opposition . Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-1581 - Approving application for the transfer of On Sale Wine, On Sale Malt Beverage and Restaurant licenses currently issued to Minnesota Pasta, Inc. dba Coliseum Restaurant located at 2175 Ford Parkway to Madone, Inc. dba Caravan Serai at the same address. No one appeared in 0000sition. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 38. Resolution - 89-1582 - Aoorovingthe renewal of On Sale Liquor, Sunday On Sale Liquor, Restaurant and Class III Entertainment Licenses currently issued to Vogel's Parkside Lounge, Inc, dba Vogel's Parkside Lounge located at 1181 Clarence. No one appeared in opposition. Councilmember Goswitz moved approval of the resolution. Adopted '' Yeas - 7 Nays - 0 ADDITIONAL ITEM Resolution - 89-1378 - Amending the 1989 budget by adding $20,972 to the Financing & Spending Plans for Community Services Custodial Engineering. (Laid over from August 31st) Councilmember Long said this item was reviewed in Committee and he is comfortable with hiring this position but he did have questions Pertaining to the dollar amount. Councilmember Rettman suggested approving this resolution today and if there was still questions Thursday to bring it up for reconsideration. Councilmember Long moved approval of the resolution.' Adopted Yeas - 7'Nays - 0 Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 7 - Nays - 0 ADJOURNED AT 9:35A.M. LOuncil-Fresi e� ATTEST: Copies sent to Councilmembers -�?/-,F Minutes approved by Council /0-2-Fni Cii:y C� -- ABO:pmk - 514 - 5 1 ®.. Seotember 5, 1989 35. Resolution - 89-1579 - Aooroving aoolication for the transfer of Off Sale 3.2 Malt Beverage and Grocery Licenses by M.A. Food Store, Inc. dba M.A. Food Store located at 694 Rice to 721 Jackson. No one appeared in opposition. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-1580 - Aooroving aoolication for the transfer and activation of On Sale Liquor license currently held by In Site Hospitality, Inc. dba Alfredo's located at 400 Sibley to The University Club of St. Paul, Inc, located at 26 E. Exchange. Noone appeared in' opposition . Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 37. Resolution - 89-1581 - Approving application for the transfer of On Sale Wine, On Sale Malt Beverage and Restaurant licenses currently issued to Minnesota Pasta, Inc. dba Coliseum Restaurant located at 2175 Ford Parkway to Madone, Inc. dba Caravan Serai at the same address. No one appeared in 0000sition. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 38. Resolution - 89-1582 - Aoorovingthe renewal of On Sale Liquor, Sunday On Sale Liquor, Restaurant and Class III Entertainment Licenses currently issued to Vogel's Parkside Lounge, Inc, dba Vogel's Parkside Lounge located at 1181 Clarence. No one appeared in opposition. Councilmember Goswitz moved approval of the resolution. Adopted '' Yeas - 7 Nays - 0 ADDITIONAL ITEM Resolution - 89-1378 - Amending the 1989 budget by adding $20,972 to the Financing & Spending Plans for Community Services Custodial Engineering. (Laid over from August 31st) Councilmember Long said this item was reviewed in Committee and he is comfortable with hiring this position but he did have questions Pertaining to the dollar amount. Councilmember Rettman suggested approving this resolution today and if there was still questions Thursday to bring it up for reconsideration. Councilmember Long moved approval of the resolution.' Adopted Yeas - 7'Nays - 0 Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 7 - Nays - 0 ADJOURNED AT 9:35A.M. LOuncil-Fresi e� ATTEST: Copies sent to Councilmembers -�?/-,F Minutes approved by Council /0-2-Fni Cii:y C� -- ABO:pmk - 514 - 5 1 i i September 7, 1989 Claim of John Tendell, 139 E. 7th, filed August 29, 1989, was read. Referred to the City Attorney's Office. Claim of Home Ins. Co., 7600 France Ave. S., Minneapolis, MN, filed August 28, 1989, was read. Referred to the City Attorney's Office. Claim of John Vang, 203 Genesee, filed August 29, 1989, was read. Referred to the City Attorney's Office. Claim of Paul Weitzel, 1993 Ashland, filed August 28, 1989, was read. Referred to the City Attorney's Office. 2. Appeal of Susan Bomberg to a Summary Abatement Order for property located at 976 ! ' Goodrich. (City Clerk recommends date of hearing be established for September 21st) Laid over to September 21st for public hearing. r 3. Letter of the State Deoartment of Revenue submitting Application No. 341674 of Richard Simmer for Northwestern Bell Tel. Co. for reduction of assessed valuation for certain real estate in the City. Filed (CC #13185) V 4. Letter of the State Deoartment of Revenue submitting Application No. 341729 of t James C. Gardner for reduction of assessed valuation for certain real estate in the City. Filed (CC 013185) 5. Letter of the State Deoartment of Revenue submitting Application No. 341733 of Richard Simmer for Hill Plaza Assoc. for reduction of assessed valuation for certain real estate in the City. ! Filed (CC #13185) 6. Letter of the State Deoartment of Revenue submitting AOplication No. 342017 of Thomas O'Meara First Trust Co., Inc. for reduction of assessed valuation for certain real estate in the City. Filed (CC #13185) 7. Letter of the State Department of Revenue submitting Application No. 342123 of Richard Simmer for Northwestern Bell Tel. Co. for reduction of assessed valuation for certain real estate in the City. Filed (CC #13185) 8. Letter of the State Deoartment of Revenue submitting Application No. 342383 of j Richard Menz for reduction of assessed valuation for certain real estate in the City. Filed (CC #13185) 9. Administrative Orders D-10407 through D-10422 were noted as on file in the City Clerk's Office. 10. Resolution - 89-1585 - Amending the 1989 budget by adding $15,000 to the Financing & Spending Plans to complete preliminary engineering for,the Ayd Mill Road Phase I study. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 11. Resolution - 89-1586 — Amending the 1989 budget by adding $7,500 to the Financing & Spending Plans for PED Operations -Minnesota Historical Society Grant for reuse study of the west wing of the old Gillette State Children's Hospital. (FOR ACTION) Referred to the Housing & Economic Development Committee. - 516 - vb i i September 7, 1989 Claim of John Tendell, 139 E. 7th, filed August 29, 1989, was read. Referred to the City Attorney's Office. Claim of Home Ins. Co., 7600 France Ave. S., Minneapolis, MN, filed August 28, 1989, was read. Referred to the City Attorney's Office. Claim of John Vang, 203 Genesee, filed August 29, 1989, was read. Referred to the City Attorney's Office. Claim of Paul Weitzel, 1993 Ashland, filed August 28, 1989, was read. Referred to the City Attorney's Office. 2. Appeal of Susan Bomberg to a Summary Abatement Order for property located at 976 ! ' Goodrich. (City Clerk recommends date of hearing be established for September 21st) Laid over to September 21st for public hearing. r 3. Letter of the State Deoartment of Revenue submitting Application No. 341674 of Richard Simmer for Northwestern Bell Tel. Co. for reduction of assessed valuation for certain real estate in the City. Filed (CC #13185) V 4. Letter of the State Deoartment of Revenue submitting Application No. 341729 of t James C. Gardner for reduction of assessed valuation for certain real estate in the City. Filed (CC 013185) 5. Letter of the State Deoartment of Revenue submitting Application No. 341733 of Richard Simmer for Hill Plaza Assoc. for reduction of assessed valuation for certain real estate in the City. ! Filed (CC #13185) 6. Letter of the State Deoartment of Revenue submitting AOplication No. 342017 of Thomas O'Meara First Trust Co., Inc. for reduction of assessed valuation for certain real estate in the City. Filed (CC #13185) 7. Letter of the State Department of Revenue submitting Application No. 342123 of Richard Simmer for Northwestern Bell Tel. Co. for reduction of assessed valuation for certain real estate in the City. Filed (CC #13185) 8. Letter of the State Deoartment of Revenue submitting Application No. 342383 of j Richard Menz for reduction of assessed valuation for certain real estate in the City. Filed (CC #13185) 9. Administrative Orders D-10407 through D-10422 were noted as on file in the City Clerk's Office. 10. Resolution - 89-1585 - Amending the 1989 budget by adding $15,000 to the Financing & Spending Plans to complete preliminary engineering for,the Ayd Mill Road Phase I study. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 11. Resolution - 89-1586 — Amending the 1989 budget by adding $7,500 to the Financing & Spending Plans for PED Operations -Minnesota Historical Society Grant for reuse study of the west wing of the old Gillette State Children's Hospital. (FOR ACTION) Referred to the Housing & Economic Development Committee. - 516 - s 4 t ._...,. x t J 6 { r MINUTES OF THE COUNCIL 9:00 A.M r SEPTEMBER 7, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmemhers Dimond, Long, Goswitz,,Rettman, Scheibel, Sonnen, Wilson Absent - 0 - MISCEWWEOUS 33. Recognition o,f retiring City of St. Paul employees. and oresented a Certificate of Recognition to r{ Councilmember Scheibel recognized Wayne Roloh as he retires from the City of St. Paul employment. F � 34. Re cognition, of Youth Volunteers for the month of Seotember. as Youth Volunteers for the month of Councilmembers recognized several, youths September. .. �.. COMSEMT AGENDA Upon request of.Councilmember Goswitz, Item No. 11 was rolled from the Consent Agenda and referred to the Housing & Economic Development Committee for review. Councilmember Rettman moved auoroval of the Consent Agenda as amended. ' AdoptedYeas - 7,: Nays - 0 1. Claim of Bank One Sturgis, 100 E. Chicago Rd., Sturgis, MI 49091, filed August 8 ` 24,:.1989, was read. Referred to the City Attorney's Office. Claim of Ronald Dudrey,100 W. Yacht Club Road,, filed August 29; 1989; was read. Referred to the City Attorney's Office. Claim of Sarah Grosse, 679 Deerwood Dr., Hudson, WI 54016, filed August 23, 1989, was read. Referred to the City Attorney's Office. Claim of,Lynn Heller, 585 Harriet #311, Shoreview, MN, filed August 25, 1989, r was read. 4 Referred to. the City Attorney's Office. tt Claim of Bradley Hernandez,984 E. Cook, filed August 23, 1989, was read. n Referred to the City Attorney's Office. Claim of Minnesota Petroleum Service, Inc., 5333 University Ave. N.E., Minneapolis, MN, filed August 30, 1989, was read. ry, Referred to the City Attorney's Office. Mueller attnyJ Claim of Todd and Billie do Mueller for Brandon (Randal,LeNeave, k filed August 29, 1989, was read. Referred to the City Attorney's Office. 3. Claim of William Powell, 1496 Klainert, filed August 23, 1989, was read. i e Referred to the City Attorney's Office. f ` Claim of State Farm Ins. Cos., 1500 W. Highway 36, filed August 23, 1989, was } read. Referred to the City Attorney's Office. y! - 515 - - 517 - I September 7, 1989 12. Resolution - 89-1587 - Amending the 1989 budget by adding $393,218.65 to the rr% Financing & Soending Plans to allow PublicWorks Garage to purchase equipment. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. ;;'� 13. Resolution - 89-1588 - Amending the 1989 budget by adding $80,087 to the , Financing & Soending Plans for the operation and maintenance of eleven above standard lighting assessment districts. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 14. Resolution- 89-1589 - Amending the 1989 CIB budget by adding $5,000 for repairs of broken sewer connections. (FOR REFERRAL TO THE FINANCE COMMITTEE) t, Referred to the Finance Committee. r)Rt r 15. Resolution - 89-1590 - Authorizing proper City officials to execute COoperative Agreement for Fair Housing Assistance Program Comprehensive Funding Contributions, Training and Incentive Funds with the U.S. Department of HUD whereby HUD will reimburse the City's Human Rights Department for investigations and ,training., (FOR ACTION) - Adopted Yeas - 7 Nays - 0 16. Resolution - 89-1591 - Adopting the District 16 Plan as Dart of. the Comorehensive Pian. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. COMIITiEE REPORTS 3 17. Resolution - 89-1438 - Requesting the Deoartment of Transportation to determine the maximum safe speed on Marshall from Victoria to the Mississiooi River and on Jefferson from Victoria to; Lexington Parkway. (Public Works Committee recommends approval) Councilmember,Sonnen moved aooroval of the resolution. Adopted_ Yeas - 7 Rays - 0 PUBLIC HEARINGS 18. Hearing to consider the request by the Port Authority to rezone Property located at 403 Maria from OS -1 and RM -2 to B-2 to be used as a university campus with associated -parking. No one aooeared in ODDDsitiOn. Councilmembers Long and Rettman moved approval of the rezoning. Adopted Yeas - 7 Nays - 0 20. Final Order - 89-1592 - Improving Hoyt from Rice to Park with bituminous paving, concrete driveways and outwalks, curb and gutter and street lighting system. (Public Works Committee recommends approval) Mrs. Eugene Burdash,.103 W. Hoyt, appeared and said she feels they should not have' to Day the full assessment because of a hill. adjacent to their property. Peter White of the Finance Deoartment aDDeared and distributed ohotographs and explained the orooerty owners own two lots. He stated this is a hearing to for the approve the Project and there will be another hearing scheduled assessments and that he will meet with Mrs. Burdash to explain other options - available to her. - -i No one else appeared. Councilmember Rettman moved approval of the order. Adopted Yeas - 7 Nays - 0 - 517 - I r K s September 7, 1989 �i t= 21. Final Order - 89-1593 - Improving the alley in Theresa Place and Bl k. 2, r Berkeley Place by grading and paving the alley from Howell to Fairview for the Stanford. (Public Works are bounded by Fairview, Berkeley, Howell and ku Committee recommends approval) No one aooeared in opposition. of the order. Councilmember Long moved approval Adopted - Yeas - 7 Nays - 0 ` 22. Final Order - 89-1594 - Condemning and taking easements in the land necessary for slopes, cuts and fill including right of removal of lateral support !' r`•' occasioned by excavations or construction of slopes in the grading and paving of for the area bounded by the alley in Theresa Place and Blk. 2, Berkeley Place Fairview Berkeley, Howell and Stanford. (Public Works Committee recommends approval i No one appeared in opposition. Councilmember Long moved aooroval of the order. Adopted Yeas - 7 Nays - 0 23. Resolution - 89-1595 - Ratifying assessment for demolition of vacant buildings May 1989 through July 1989, through and j No one appeared in ODDOSitipn. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 i 24. Resolution - 89-1596 - Ratifying assessment for summary abatement costs incurred i by Community Services notifying property owners to clean up their property and for boardings uo of vacant buildings through May 1989. No one appeared to opposition. Councilmember Rettman moved aooroval of the resolution. Roll call. Adopted Yeas — 7 Nays - 0 25. Resolution - 89-1597 - Aooroving aoolication for the transfer of Class A Gambling License applied for by 4th District VFW currently located at 1060 University to 733 Pierce Butler Route. No one appeared to opposition. Council member Wilson moved aooroval of the resolution. ^. Adopted Yeas - 7 Nays - 0 26. Resolution - 89-1598 - Aooroving application for the renewal of Gambling Manager's License applied for by Steven Younghans dba-Johnson Area Hockey at Minnehaha Lanes located at 955 Seminary. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. g `^ Adopted Yeas - 7 Nays - 0 vY 27. Resolution - 89-1599 - Approving application for the transfer of Gambling Manager's License currently held by Steve Rpcheford dba Minnesota AIDS Project the same t Rumour's located at 490 N. Robert to Sigfred Peck located at address. CouncilmembeNo one reWilson movedd in taooroval of the resolution. Adopted Yeas - 7 Nays - 0 SIM 28. Resolution - 89-1600 - Approving aoolication for the transfer of Gambling Monager's License currently held by Steve Rocheford dba Minnesota AIDS Project University to Sigfred Peck at the same r at the Town House located at 1415 n address. No one aooeared in 0000sition. ,l Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 i , -518-� �y l Seotember 7, 1989 r r 29. Resolution - 89-1601 - Approving the request by Steve Lentsch dba Lentsch's Bar z & Eatery located at 1091 -Rice for a one day extension of service area of food 9 Y and liquorserviceto the Parking lot on September 10th between 12:00 Noon and 7:00 P.M. y No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 30. Resolution - 89-1602 Approving application for the transfer of On Sale Liquor License currently issued to St. Paul -Ramsey Arts & Science Council dba Arts & ' Science Center-located.at 30 E. 10th Street totheScience Museum of Minnesota dba The Science Museum of Minnesota at the same address: No one aooeared in 0000sition. Councilmember.Rettman moved aoproval of the resolution. dk 3•' � Adooted Yeas - 7 Nays - 0- i 31. Resolution - 89-1603 - APoroving application fortherenewal of various Off Sale Liquor and Supporting Licenses for persons as listed. No one appeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 32. Resolution - 89-1604 - Approving application for a Second .Hand Motor Vehicle Dealer's License aPplied'for by Kenneth Look dba Swede Hollow Import Service located at 830 S. Robert. No one appeared in 0000sition. Councilmember Rettman moved approval of the resolution. t Adooted Yeas - 7 Nays - 0 Councilmember Wilson moved that the rules be susoended to consider an item not on the agenda pertaining to a public forum on human rights. Roll call on suspension of the rules. Adopted Yeas - 7 Nays - 0 Resolution - 89-1634 - Su000rting the formation of a public forum on Canadian human rights violations related to environmental destruction for electrical Dower. Sheryl Benton and Vernon,Beicor& aopeared and exulained She resolution further and answered questions of Councilmembers. - Councilmember Wilson moved approval of the resolution. Adooted -Yeas - 7 1 Nays, - 0 Councilmember GOswitz moved to reconsider C.F. 89 -1577 -from Tuesday's agenda. Roll call for reconsideration. Adooted Yeas -7 Nays - 0 Resolution - 89-1577 - Granting the -'petition of the City for the vacation of oarts of Lots 27-30, Blk. 4, Aurora Addition located at the intersection of Hazel and Bush. Laid over to September 21st 19. Hearing to consider the request by Ernest Lamson to rezone property located at 528 Michigan from RT -2 to P-1 to permit development of the Parcel as an off- street parking lot. his Chuck.McGuire of PED aooeared and oresented staff reoort. Upon question of Councilmember Sonnen, Mr. McGuire explained reasons why the a Planning Commission voted against this rezoning, and uponquestion of Councilmember Long, Mr. McGuire explained the Zoning staff recommendation for approval. i (Discussion continued on following page) 519 - September 7, 1989 (Discussion continued from previous page) Kevin Lamson appeared with his father, Mr. Ernest Lamson, and he urged Council to review the staff recommendation and minutes of their meetings and he said he does not feel rezoning would encroach on other residential lots. Upon question of Councilmember Long, Mr. Lamson said previously a house was on the lot but is now torn down and is a grassy empty lot and he said he received the appropriate signatures requested by staff. Cass Welch aooeared and said she is the President of the West 7th Federation and she spoke:in'0000sition to the rezoning and she urged Council not to rezone this property and she explained reasons why persons who previously signed Mr. Lamson's petition have now withdrawn their names from it. She said -she would like to see a house built on the lot as it would be the most aoorooriate and positive for the community. Upon question of Councilmember Sonnen, Mr. McGuire stated persons signing petitions have seven working days after the Petition is filed in the Zoning Office to remove their names from it. Mike Slayton, 521 Michigan, aooeared and said originally he signed the petition in favor of rezoning and explained why he changed his mind and he spoke in opposition to the rezoning. Mr. Ernest Lamson appeared and referred to a plan for the orooerty, and .Kevin Lamson aooeared and referred to the petition and to a neighborhood meeting he was unaware of. Noione else aooeared. Councilmember Dimond moved that the Public hearing be closed. Adopted Yeas - 7 Nays - 0. Councilmember Dimond moved to uphold the Planning Commission recommendation and deny the request for rezoning.' Councilmember Rettman spoke in supoort of the motion and said the encroachment is not in the best interest for the neighborhood and she called the question. Adopted Yeas - 6 Nays - 1 (Goswitz) (CC #13186) Councilmember Wilson moved that the rules be sus oended,to consider an item not on the agenda pertaining to licenses held by the Caravelle Restaurant. Adopted Yeas - 7 Nays - 0 Resolution - 69; 1635, - Suspending the Restaurant, Wine On, Sale, and Malt On Sale licenses held by Truong Van Tang and Thong Tran dba Caravelle Restaurant located at 799 University. for a period of 30 days with said_ suspension. stayed for one gear under terms and conditions as listed. (Hearing held August 31st) uncilmember Wilson moved aooroval of the resolution. Adopted Yeast- 7 Nays - 0 Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 10:30 A.M. �i �e3ent ATTEST: Conies sent to Councilmembers Minutes approved by Council /O -.3 -� t y er ABO:Pmk S&I00 e t ,1 MINUTES OF THE COUNCIL 9:00 A.M SEPTEMBER 12, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE `* SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 4.- Councilmembers Goswitz, Rettman, Scheibel, Sonnen. Absent - 3 - Councilmembers Dimond, Long, Wilson (arrived at points during the r. y meeting. ' CONSW AGENDA a ' ` Councilmember Rettman requested items #2 be removed from the consent agenda and - requested item #5 be referred to the Community & Human Services Committee. '.. j Councilmember 8onnen requested item #3 be removed from the :consent agenda. Councilmember Rettman moved aooroval of the Consent. Agenda as amended. Adooted Yeas - 4 Nays - 0 I. Aooeal of Larry Francisco to a Vehicle Abatement Order for property located at 474 Edmund. (City Clerk recommends date of hearing be established for September 28, 1989.) Laid over to September 28th for Public Hearing. 4. Resolution- 89-1607 - Approving the return of funds remaining from the saleof sewer revenue bonds to the sewer separation Program. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee, 5. Resolution - 89-1608 - Authorizing prooer City officials to promulgate. an approved list of eligible organizations for the charitable gambling Ten Percent. Club. (FOR ACTION) Referred to the Community & Human Services Committee. 6. Resolution - 89-1609 - Removing the lien fordemolition and any interest fees and/or penalties that ma yy have accumulated for the Structure located at 715 Dayton. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 7. Preliminary Order - 89-1610 - Operating the above standard street lighting systems for 1990 for the Ford/Cleveland Area, and setting date of Public hearing for October 10th. (FOR ACTION) Adopted. ,. Yeas -. 4 Nays -'0 8. Preliminary Order. - 89-1611 -:Operating the :above standard street lighting systems for 1990 for the Selby(Western Area, and setting date of Public hearing for October 10th. (FOR ACTION).. Adooted Yeas - 4 Nays 0 x - - 9. Preliminary.Order - 89-1612 - Operating the above standard street lighting X 7 systems for 1990 for the Lowertown Area, and setting date of public hearing for mt October 10th. (FOR ACTION) Adooted Yeas - 4 Nays - 0 s r 10. Preliminary Order - 89-1613 - Operating the above standard street lighting systems for 1990 for the Grand -East 1 Area, and setting date of Public hearing for October 10th. (FOR ACTION) Adopted Yeas - 4 Nays - 0 r ) - 521 - September 12, 1989 f 11. PreliminaryOrder - 89-1614 - Operating the above standard street lighting systems for 1990 for the Wabasha Area, and setting date of public hearing for October 10th. (FOR ACTION) Adopted Yeas - 4 Nays - 0 ! 12. Preliminary Order - 89-1615 - operating the above standard street lighting systems for 1990.for the Grand West Area, and setting date of public hearing for October 10th. (FOR ACTION) Adooted Yeas - 4 Nays - 0 I 13. Preliminary Order - 89-1616 - Operating the above standard street lighting systems for 1990 for the Grand -East II Area, and setting date of Public hearing for October 10th. (FOR ACTION) Adopted _ Yeas - 4 Nays - 0 14. Preliminary Order - 89-1617 - Operating the above standard street lighting systems for 1990 for the Smith Avenue Area, and setting date of Public hearing for October 10th. (FOR ACTION) Adooted Yeas - 4 Nays - 0 15. Preliminary Order - 89-1618 - Ooerating the above standard street lighting systems ,for 1990 for the Wabasha-Fifth-Sixth Area, and setting date of public hearing for October 10th. (FOR ACTION) Adopted Yeas - 4 Nays - 0 16. PreliminaryOrder - 89-1619 - Operating the above standard street lighting systems for 1990 for the Selby Avenue Revitalization Project No. I, and setting date of public hearing for October 10th. (FOR ACTION) Adopted Yeas - 4 Nays - 0 17. Preliminary Order - 89-1620 - Operating the above standard street lighting systems for 1990 for the Concord Phase I Area, and setting date of public hearing for October 10th. (FOR ACTION) Adopted Yeas - 4 Nays - 0 18. Resolution - 89-1621 - Approvingg assessment costs for the 1989 operation of Above Standard Street Lighting Systems, and setting date of public 'hearing for October 10th. (FOR ACTION) Adopted Yeas - 4 Nays - 0 Councilmember Wilson arrived at this point in the meeting. i 2. Resolution - 89-1605 - Amending the 1989 budget and adding $15,000 to the financing & Spending Plans for General Fund, Community Services Dept., Public Health Division for City's share of consultant .for plastic packaging. (FOR ACTION) Councilmember Rettman moved approval of the resolution with the amendment that the contract be approved by the Public Works Committee and City Council. Adopted Yeas - 5 Nays - 0 3. Resolution - 89-1606 - Authorizing the issuance of Port Authority revenue bonds in the. amount of $600,000 to finance facility at 746 Selby Ave. for Expo Graphics, Inca (FOR ACTION) Julie Kimball, staff of Port Authority, appeared and explained the proposal and answered questions of Councilmember Sonnen. (Discussion continued on folowing page) Councilmember Long & Dimond arrived at this point in the meeting. - 522 - September 12, 1989 (Discussion continued from previous page) Councilmember Wilson further described the facility and the reason for the bonds. Councilmember Scheibel sooke in su000rt of the oroposal. After further discussion, Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Sonnen requested in;the future Port Authority revenue bond resolutions be referred to committee. ORDINANCES 19. Second Reading - 89-1573 - An ordinance amending the Administrative Code by adding a, new chapter establishing a Parks & Recreation Commission for the City and providing for its powers and staffing. (FOR ACTION) Laid over to September 14th for Third Reading. 20. Second Reading - 89-1575 - An ordinance amending Chapter 409 of the Legislative Code allowing fines in off -sale intoxicating liquor establishments in lieu of suspensions. (FOR ACTION) Councilmember Rettman requested this be referred to the Community & Human Services Committee. Referred to the Community & Human Services Committee. NEW BUSINESS - RESOLUTIONS ' 21. Resolution :- 89-1276 -,Establishing the rate of. pay for unclassified title of Public Health Division Manager in the Salary Plan and Rates of Compensation Resolution. (Second:Reading & Adoption - Laid over :from August 22nd) Councilmember Long requested this be laid over to .Thursday for a correct job description as an attachment. Laid over to September 14, 1989. PUBLIC HEARINGS 22. Resolution.- 89-1622 - Ordering the repair or demolition for property located at 224 N. Avon.. Frank Staffenson, Health Division, gave a.staff report. Mr. Staffenson said PED does not wish to rehab this property and recommended demolition. Diane Coleman, realtor of Merrill Lynch, said.she has two interested parties and and asked to have this demolition held up for a few.months. Councilmember Rettman spoke against' rehabilitation because of the interior condition. Councilmember Wilson said there is no justification to rehab this and recommended demolition. After further discussion, Councilmember Wilson moved aooroval of the resolution. Adopted. I Yeas - 7 Nays - 0 23. Resolution - 89-1455 - Approving application for Gambling Manager's License applied for byJerry. Tri dba St. Casimir's Church at Schwietz's Bar located at 956 Payne. (Laid over from August 15th) No one appeared in opposition. Councilmember Goswitz moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 24. Resolution - 89-1456 - Approving applicationfor Class A Gambling Location License applied for by Will, Inc. dba Schwietz's Bar located at 956 Payne. (Laid over from August 15th) No one appeared in opposition. Councilmember Goswitz moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 - 523 - J ez 3 , September 12, 1989 (Discussion continued from previous page) Councilmember Wilson further described the facility and the reason for the bonds. Councilmember Scheibel sooke in su000rt of the oroposal. After further discussion, Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Sonnen requested in;the future Port Authority revenue bond resolutions be referred to committee. ORDINANCES 19. Second Reading - 89-1573 - An ordinance amending the Administrative Code by adding a, new chapter establishing a Parks & Recreation Commission for the City and providing for its powers and staffing. (FOR ACTION) Laid over to September 14th for Third Reading. 20. Second Reading - 89-1575 - An ordinance amending Chapter 409 of the Legislative Code allowing fines in off -sale intoxicating liquor establishments in lieu of suspensions. (FOR ACTION) Councilmember Rettman requested this be referred to the Community & Human Services Committee. Referred to the Community & Human Services Committee. NEW BUSINESS - RESOLUTIONS ' 21. Resolution :- 89-1276 -,Establishing the rate of. pay for unclassified title of Public Health Division Manager in the Salary Plan and Rates of Compensation Resolution. (Second:Reading & Adoption - Laid over :from August 22nd) Councilmember Long requested this be laid over to .Thursday for a correct job description as an attachment. Laid over to September 14, 1989. PUBLIC HEARINGS 22. Resolution.- 89-1622 - Ordering the repair or demolition for property located at 224 N. Avon.. Frank Staffenson, Health Division, gave a.staff report. Mr. Staffenson said PED does not wish to rehab this property and recommended demolition. Diane Coleman, realtor of Merrill Lynch, said.she has two interested parties and and asked to have this demolition held up for a few.months. Councilmember Rettman spoke against' rehabilitation because of the interior condition. Councilmember Wilson said there is no justification to rehab this and recommended demolition. After further discussion, Councilmember Wilson moved aooroval of the resolution. Adopted. I Yeas - 7 Nays - 0 23. Resolution - 89-1455 - Approving application for Gambling Manager's License applied for byJerry. Tri dba St. Casimir's Church at Schwietz's Bar located at 956 Payne. (Laid over from August 15th) No one appeared in opposition. Councilmember Goswitz moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 24. Resolution - 89-1456 - Approving applicationfor Class A Gambling Location License applied for by Will, Inc. dba Schwietz's Bar located at 956 Payne. (Laid over from August 15th) No one appeared in opposition. Councilmember Goswitz moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 - 523 - J ez 3 — T 25. Resolution - 89-1623 - Approving application for State Class B Gambling License applied for by St. Casimlr's Church at Schwietz's Bar located at 956 Payne. No one appeared in OPPOSitipn. Councilmember Goswitz moved approval of the resolution. Adopted. Yeas.- 7 Nays - 0 26. Resolution - 89-1624 - Approving application for Additional Gasoline Pumps applied for by Jerome Zajic dba Arcade Service located at 1200 Arcade. No one aooeared in 0000sition. Councilmeinber Goswitz moved aoprovai of the resolution. Adopted. Yeas - 7 Nays - 0 27. Resolution - 89-1625 - Aoorovingg application for the renewal of Gambling Manager's License applied for by Susan Purvis dba Highland Area Hockey Association at Jose's located at 825 Jefferson. No one aooeared in 0000sition. Councilmember Long moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 28. Resolution - 89-1626 - Approving application for General Repair Garage License applied for by Charles and Joseph Brost dba Grand Wheeler Sinclair located at 1745 Grand. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 - 29. Resolution - 89-1627 - Approving the transfer of Cigarette, Original Container and Gas Station Additional Pump Licenses currently held by Sinclair Oil Corooration dba Sinclair Oil Corporation located at 1745 Grand to Charles and Joseoh Brost dba Grand Wheeler Sinclair at the same address. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 30. Resolution - 89-1628 - Aooroving application by Lyman Coombs dba Minni Market located rat 111 E. Kellogg•for the transfer of Off Sale 3.2 Malt Beverage, A-3 Groceryand Cigarette Licenses currently held by Kirchoff Enterprises, Inc. dba Mr. K's Food Store at the.same address. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 31. Resolution - 89-1629 - ADoroving application for Additional Gasoline Pumps by Ashland Oil, Inc. dba Su6dramerica located at 56 N. Snelling. No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 32. Resolution - 89-1630 - Approving with conditions application for Off Sate Liquor License aoolied'for by Nick Mancini 'dba Mancini Off Sale Liquor Warehouse located at 503 W. 7th. No one appeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 33. Resolution - 89-1631 - Approving application for Class A Gambling Location License applied for by Beaver Lounge, Inc. dba Beaver Lounge located at 756 Jackson. No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 - 524 - x 1 $ y t f�ki J � September 12, 1989 — T 25. Resolution - 89-1623 - Approving application for State Class B Gambling License applied for by St. Casimlr's Church at Schwietz's Bar located at 956 Payne. No one appeared in OPPOSitipn. Councilmember Goswitz moved approval of the resolution. Adopted. Yeas.- 7 Nays - 0 26. Resolution - 89-1624 - Approving application for Additional Gasoline Pumps applied for by Jerome Zajic dba Arcade Service located at 1200 Arcade. No one aooeared in 0000sition. Councilmeinber Goswitz moved aoprovai of the resolution. Adopted. Yeas - 7 Nays - 0 27. Resolution - 89-1625 - Aoorovingg application for the renewal of Gambling Manager's License applied for by Susan Purvis dba Highland Area Hockey Association at Jose's located at 825 Jefferson. No one aooeared in 0000sition. Councilmember Long moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 28. Resolution - 89-1626 - Approving application for General Repair Garage License applied for by Charles and Joseph Brost dba Grand Wheeler Sinclair located at 1745 Grand. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 - 29. Resolution - 89-1627 - Approving the transfer of Cigarette, Original Container and Gas Station Additional Pump Licenses currently held by Sinclair Oil Corooration dba Sinclair Oil Corporation located at 1745 Grand to Charles and Joseoh Brost dba Grand Wheeler Sinclair at the same address. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 30. Resolution - 89-1628 - Aooroving application by Lyman Coombs dba Minni Market located rat 111 E. Kellogg•for the transfer of Off Sale 3.2 Malt Beverage, A-3 Groceryand Cigarette Licenses currently held by Kirchoff Enterprises, Inc. dba Mr. K's Food Store at the.same address. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 31. Resolution - 89-1629 - ADoroving application for Additional Gasoline Pumps by Ashland Oil, Inc. dba Su6dramerica located at 56 N. Snelling. No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 32. Resolution - 89-1630 - Approving with conditions application for Off Sate Liquor License aoolied'for by Nick Mancini 'dba Mancini Off Sale Liquor Warehouse located at 503 W. 7th. No one appeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted. Yeas - 7 Nays - 0 33. Resolution - 89-1631 - Approving application for Class A Gambling Location License applied for by Beaver Lounge, Inc. dba Beaver Lounge located at 756 Jackson. No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adopted. Yeas - 7 Nays - 0 - 524 - x 'I 7 10 F2 r September 12, 1989 i i r f'} 34. Resolution - 89-1632 - Aooroving application for State Class B Gambling License � applied for by Minnesota Waterfowl Association at Beaver located at 756 r Jackson. No one appeared in opposition. Councilmember, Dimond moved approval of the resolution. Adooted. Yeas - 7 Nays - 0 7 35. Resolution - 89-1633 - Approving application for Gambling Manager's License ;, applied for by Scott Nelson dba Minnesota Waterfowl Association at Beaver Lounge located at 756 Jackson. No one appeared in opposition. Councilmember Dimond moved aoproval of the resolution. Adopted. Yeas - 7 Nays - 0 Councilmember Goswitz moved suspension of the rules for a resolution approving an extension of service area`for Schwietz's Bar. Roll call on the motion. Adopted. Yeas - 7 Nays - 0 Resolution - 89-1665 -Aooroving the request of Richard B. Schwietz, Jr. 'dba Schwietz's Bar located at 956 Payne Ave. for an extension of service area to the s' parking lot on September 14, 15 and Seotember 16 between the hours of 12:OD Noon ti` s to 12130 A.M. PJ Councilmember Goswitz moved aooroval'of the resolution. Adopted. Yeas - 7 Nays - 0 Councilmember Rettman moved that the meeting be adjourned. Adopted. Yeas'- 7 Nays,- 0 ADJOURNED AT�935A�.M. 1 — —Council President ATTEST: Copies sent to,Councilmembers 9•a,_ g Minutes approved by Council /O- a yy �ABO:LAr Y�� 6 j $ a �' - - 525 - MINUTES OF THE COUNCIL 9.00 A.M SEPTEMBER 14,'1989 COUNCIL CHAMBERS- CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 6'- Councilmembers Dimond, Long, Rettman, Scheibe], Sonnen, Wilson Absent - 1 - Councilmember Goswitz (arrived at a point during the meeting) CDNSENf AGENDA Councilmember Long moved approval of the Consent Agenda. Adopted Yeas - 6 Nays -"p 1. Petition of 3M to vacate part of Reaney Avenue near E. 7th Street. (FOR REFERRAL TO THE FINANCE DEPARTMENT FOR CHECK AS TO SUFFICIENCY AND FOR RECOMMENDATION) Referred to the Finance Department. 2. Resolution -89-1636 - Amending the 1989 budget by adding $622.00 to the Financing & Spending Plans for Community Services -Libraries Major Urban Resource Library. (FOR ACTION) Adooted Yeas - 6 Nays - 0 3. Resolution - 89-1637•- Amending the,1989. budget by adding $350.00 to the Financing & Spending Plans for Community Services -Parks & Recreation Crosby Farm Park Nature Center. (FOR ACTION) Adopted Yeas - 6 Nays - 0 4. Resolution - 89-1638 - Authorizing proper City officials toexecute an agreement with the State Department of Public Safety State Patrol to rent rooms at 100 E. 11th Street. (FOR ACTION) Adopted Yeas - 6 Nays - 0 5. Resolution - 89-1639 - Authorizing proper City officials to execute an agreement granting $1,000 to Frogtown Festival, Inc. for the purpose of staging the Frogtown Festiva] September 29; 30, and 31, 1989. (FOR ACTION) Adopted Yeas - 6 Nays - 0 6. Resolution - 89-1640 - Requesting the St. Paul Riverfront Commission to undertake a study for a portion of the downtown riverfront area with objectives as listed, appropriate funds to hire consultants, designate an advisory task force and oreoare a report with recommendations within 180 days. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Cpplplttee. 7. Resolution - 89-1641 - Releasing retained utility easement in vacated alley bounded by E. Idaho, Etna, E. Hoyt and Clarence as vacated by C.F. 202427 June 2, 1961. (FOR ACTION) Adopted Yeas - 6 Nays - 0 8. Resolution - 89-1642 - Referring citizen oetition concerning property located at 642 Hague to the City Attorney's Office for review and recommendation. (FOR ACTION - Hearing held August 1, 1989) Adopted Yeas - 6 Nays - 0 - 526 - A � ( r \ 1 r.' R n September 14, 1989 y 9. Preliminary 89-1643 Constructing Area Storm Sewer f Order - - the Jessamine/Frank project for the area bounded by Maryland, York, Cypress and Barclay, and setting — r a date of public hearing for October 24th. (FOR ACTION) Adopted Yeas - 6 Nays - 6 k ms 10. Preliminary Order - 89-1644 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Jessamine/Frank Area Storm and Street Paving & Lighting project, and setting for October 24th. date of public hearing (FOR ACTION) Adopted Yeas - 6 Nays - 0 +> ` 11. Preliminary Order - 89-1645 - Improving Darts of Geranium, Jessamine, Magnolia, Q Cook, Jenks, Frank, Duluth, Atlantic, Magnolia Lane, Lane Place and Burnquist with bituminous roadway, concrete curb and gutters, outwalks, driveways, ' n, constructing and sodding boulevards and lantern style street lighting system for ke the project known as the Jessamine/Frank Area Street & Li hting project, and g setting date of public hearing for October 24th. (FOR ACTION) }�*{- Adopted Yeas - 6 Nays - 0 ADDITIONAL ITEM, Resolution - 89-1276 - Establishing the rate of pay for unclassified title of Public Health Division Manager In the Salary Plan and Rates of Compensation Resolution. (Second Reading & Adoption - Laid over from September 12th) Councilmember Long said the proper job specifications are now attached and the purpose of the resolution is to set the Proper grade and rate of pay and he moved approval of the resolution. Roll call. Adopted Yeas - 4 Nays - 2 (Rettman/Wilson) Councilmembers Rettman and Wilson explained their reasons why, they voted against the resolution. CONMITTEE REPORTS 12. Resolution - 89-1306 - Amending Chaoter A-1 Rule 17 of the Administrative Code in its entirety and substituting with new language which allows citizen before the full Council. & Policy Committee appearances (Rules recommends denial of amended resolution) Councilmember Sonnen said she feels this is a good resolution and that citizens should have an opportunity to be able to address the full Council. Councilmember Scheibel said he feels the current system is working apd there is no need for change. Councilmember Long sooke`in opposition to the ,resolution and said•,he believes the current process is working well. Councilmember Dimond spoke in support of keeping the present process and in ,y opposition to the resolution., Councilmember Scheibel said if a citizen appears before a Committee and Councilmembers feel that person should be heard before the full Council they can }e recommend that. After further discussion Councilmember Long moved to lay this resolution over one week to September 21st. Roll call. Adooted Yeas - 6 Nays - 0 Laid, over to September 21st. 1 l h - 527 - _ t 13. Resolution - 89-1219 - Adopting revised Early Notification Policy and Procedures and clarifying its operation as found in Chapter A-11 of the Administrative Code. (Rules & Policy Committee recommends approval with amendments) Councilmember Sonnen referred to the Committee recommendation for amendments and she explained the amendments are to attached documents and not to the resolution itself: After some discussion there was agreement to lay this item over for one week to September 21st in order to review the amended documents. Laid over to September 21st. 14. Resolution - 89-1184 - Providing that the assignment of studies by the Elder Council shall be by Council resolution and expressing appreciation to the Elder Council.(Rules & Policy Committee recommends aporoval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 NEW BUSINESS - RESOLUTIONS 15. Resolution - 89-1556 - Adopting the Heliport amendment to the Plan for Land Use as Dart of the Comprehensive Plan subject to review by the Metropolitan Council: (FOh ACTION - Laid over from September 5th) ((See discussion below on Item No. 16) Adopted Yeas - 7 Nays - 0 ORDINANCES 16. Final Adoption - 89-1419 - An ordinance amending Chapter 60 of the Legislative Code pertaining to Heliports and Heli stoos. Roger Ryan of PED appeared and distributed a memo from staff and a memo of the Metropolitan Airports Commission and he gave some background information on the issues, Councilmember Goswitz arrived at this point in the meeting. Councilmember Scheibel said Council had requested an analysis on the land use issues and he 'just received that report this morning and has not had the opportunityto review it. Upon question of Councilmember Scheibel, City Attorney Jerry Segal appeared and said he'also just received the correspondence from MAC this morning but upon brief review it -states their opinion the airport is not subject to City zoning. Councilmember Long referred to a, State law 'which overrides that, of MAC and he urged Council to not accept the analysis, of MAC as it would set a'bad precedent. Councilmember Dimond said noise is destroying our neighborhoods and he'suoports the 2,000 ft. limit. Councilmember Rettman sooke in support of the staff recommendation for a 1,000 ft. distance. She said she believes the 2,000 ft. distance would set up a legal challenge as well as effect the encroachment issue. Councilmember Wilson said the basic issue is whether or not the City has the authority to regulate land use and People will recognize the noise difference between 1,000 ft. and 2,000 ft. There was considerable discussion and agreement to lay this item over to the end of today's meeting in order for staff of the Environmental Health Division to be present to answer questions. Later in the meeting Frank Staffenson of the Health Division appeared and answered questions of Council regarding 1,000 ft. vs. 2,000 ft. distance as it relates to the noise level. (Discussion continued on following page) f -528_ - 529 - J September 14, 1989 4t -e (Discussion continued from previous page) _ Councilmember Dimond moved approval of an amendment for a 2,000 ft.distance. for the 2,000 ft. After some discussion roll call was taken on the motion amendment. �{ k Roll call. Yeas - 3 (Dimond/Long/Wilson) Nays - 4 (Rettman/Sonnen/Goswitz/Scheibel) Motion failed of adoption. After further discussion Councilmember Rettman moved approval of both. Items No. 15 and No. 16. ti Roll call. Adopted Yeas - 7 Nays - 0 Ord. 517680 PUBLIC:HEARINGS 17. Third Reading - 89-1573 - An 'ordinance amending the Administrative Code by j adding a, new chapter establishing a Parks & Recreation Commission for the City and providing for its Dowers and staffing. (FOR ACTION) Councilmember Scheibel stated we will hear testimony today and that the public hearing will be kept open until after the Joint meeting to be held September v 19th. Sarah Pillow, "2116 Jefferson, aooeared representing the League of Women Voters in support of the ordinance and ;or000sal but recommended a 9 member commission rather than 7_members and she recommended language amendments. Councilmember Rettman explained originally the proposal was for 9 members and 'open she said they are trying to find a workable committeenumber through the a ff Ix aopointment orocess. Councilmember Scheibelspoke in support of a 9 member commission for diversity. r Peggy Lynch aooeared and said she is a member of the Parks & Recreation r Commission Task force and sooke in su000rt of the ordinance. Joe Tamali aooeared and spoke in su000rt of the ordinance. Peggy Reichert, Deputy Director of PED, aooeared and said the Chair of the Planning Commission has requested an opportunity to respond to the issue of long-range coordination between the two commissions. Councilmember Rettman said it is imperative to get this in front of us for the 1990 budgets and she said she wants input from the Planning Commission and amendments can always "be made if applicable. Councilmember Dimond urged this 'plan to be tried and he said he supports a 7 member at -large commission but he did have concern with the issue of balancing - resources between the communities. Councilmember Scheibel spoke in su000rt of a 9 member commission and said it will be a very significant body equal to the Planning Commission. y; Councilmember Sonnen said this is a very important ordinance valuable to our oresent as well as our future and she spoke in support of a 9 member commission. Upon question of Councilmember Long, City Attorney Jane McPeak'stated she will look into the issue of Der diems pard to City commission and committee members. Councilmember Rettman moved the ordinance be amended by chan8ing the commission t from 7 members to 9 members, the word "administer" be changed to "administering" and .the, language "and shall meet at least quarterly 'be added. 'su000rt R Councilmember DDimond said he can the amen ments knowing the' Spirit and intent of the motion is to havebalanced representation. ae "'• Scheibel spoke in su000rt of the amendments. x " Fl Roll call on the amendments noted above. r' Adopted Yeas - 7 Nays - 0 + Laid over to September 21st with the Public Hearing to be continued. - 529 - J September 14, 1989 18. Resolution - 89-1646 - Orderin the repair and/or demolition of orooerty located * .a; at 725 Sherburne. (FOR ACTION Steve Roy appeared and distributed photographs of this orooerty and he presented his staff report. He said PED is not interested in rehabilitating the structure and that the orooerty is now tax forfeited and that the County has been notified F y it z and he recommended the repair or demolition of this structure within 30 days. Sharon Anderson appeared and commented on this resolution. fir , Upon questions by Councilmember Wilson, Mr. Roy said personal service was made to the orooerty owner andthat -this structurehas been condemned as unfit. gCouncilmember Wilson moved approval of the resolution. Roll call. 1 Adopted Yeas - 7 Nays - 0 19. Hearing to consider the petition of Dennis Trpoien for approval of final plat of River Park Plaza Addition located north of Fillmore between State and Robert Streets. (Laid over from August 31st) Chuck McGuire of PED appeared and stated the petitioner has requested a two week layover. Laid over two weeks to September 28th. t 20. Hearing to consider the appeal of Rachet Zieberman to a Summary Abatement Order for property located at 2005 Pinehurst. It was noted the appellant has requested a layover. There was some discussion and agreement items on broken sewers have routinely been referred to the Public Works Committee. Referred to the Public Works Committee. £ 21. Resolution - 89-1647 - Ratifying assessment for the construction of the x Flandrau/Case Area Street Paving & Lighting project. (Public Works Committee .+ recommends approval with amendments) f, No one appeared in opposition. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 22. Resolution - 89-1415 - Approving with stipulation application for Firearms License applied for by James Hyatt dba Jim's Gun Repair located at 858 W. California. (Laid over from August 10th) No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution with stipulations. Adopted Yeas - 7 Nays - 0 23. Resolution - 89-1648 - Approving application for State Class B Gambling License applied for by Frost Lake Booster Club at Arcade Bar located at 932 Arcade. T No one appeared in opposition. Couhcilmember Goswiti moved aooroval of the resolution. Adopted Yeas 7 Nays - 0 24. Resolution - 89-1649- Aooroving application for Class A Gambling Location �• License applied for by Bram Corporation dba Arcade Bar located at 932 Arcade. r No one appeared in apposition. �✓ q Councilmember Goswiti moved aooroval of, the resolution. }'- Adopted Yeas - 7 Nays - 0 S ax Yi . 25. Resolution - 89-1650 - Aooroving application for Gambling Manager's License applied for by John Pettis dba Frost Lake Booster Club at Arcade Bar located at 1 932 Arcade. No one appeared in 0000sition. ` Councilmenber Goswiti moved aooroval of the resolution. e +. Adopted Yeas - 7 Nays - 0 - 530 - September 14, 1989 26. Resolution - 89-1651 - Aooroving application for State Class B Gambling License. applied for by Westside Youth Hockey Association at Brown Derby Lounge located at 567 Stryker. No one aooeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 27. Resolution - 89-1652 - Aooroving aoolication for Class A Gambling Location License aoolied for by Thomas Enterorise, Inc. dba Brown Derby Lounge located at 567 Stryker. No one aooeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-1653 - Aooroving aoolication for the renewal of Gambling Manager's License applied for by Mark Mules dba Westside Youth Hockey Association at Brown Derby Lounge located at 567 Stryker. No one aooeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 29. Resolution - 89-1654 - Aooroving application for the State Class B Gambling License applied for by Phoenix Learning Services, Inc, at Joseph's Bar located at 537 State. No one appeared in 0000sition. Councilmembers Rettmah and Goswitz moved aooroval of the resolution. Adooted Yeas 7 Nays'- 0 30. Resolution - 89-1655 - Aooroving aoolication for Class A Gambling Location License -applied for by George's Bar, Inc. dba Joseph's Bar, Inc. located at 537 State.. No one appeared in 0000sition. Councilmembers Rettmah and Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0` 31. Resolution - 89-1656 - Aooroving application for Gambling Manager's License applied for by KathleenBlachfelner dba Phoenix Learning Services at Joseph's Bar located at 537 State. No one appeared in opposition. Councilmembers Rettman and Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 32. Resolution -'89-1657 - Approving aoolication for State Class B Gambling License aoolied for by Church of the Holy Spirit at Keenan's 620 Club Dahl's located at 620 W. 7th. No oneaooeared in 0000sition: Council member Rettmah raved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 33. Resolution - 89-1656 - Aooroving aoolication for Class A Gambling Location License aoolied for by 620 Club, Inc. & Dahl's 620 Club, Inc. dba Keenan's 620 Club Dahl's located at 620 W. 7th. No one aooeared in 0000sition. Councilmember Rettmah moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 34. Resolution - 89-1659 - Aoproving aoolication for Gambling Manager's License aoolied for by John Barrett dba Church of the Holy Spirit located at 620 W. 7th. No one appeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 531 - September 14, 1989 35. Resolution - 89-1660 - Approving application for State Class B Gambling License applied for by Minnesota Wildlife Heritage Foundation, Inc, at Neighborhood Bar located at 230 Front. Upon question of Councilmember Goswitz, Hugh Price appeared and said they have been in business since 1975, and Christine Rozack'of the License Division aooeared and answered questions of Councilmembers. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays 0 36. Resolution - 89-1661 - Approving application for Class 8 Gambling Location License applied for by Damico, Inc. dba Neighborhood Bar located at 230 Front. (See discussion above.) Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 7 Nays , 0 37. Resolution'- 89-1662 - Approving application for Gambling Manager's License applied for by Hugh Price dba Minnesota Wildlife Heritage, Foundation, Inc: at Neighborhood Bar located at 230 Front. See discussion above.) ouncilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 38. Resolution - 89-1663- Approving application for Class A Gambling License applied for by the Fraternal Order of Eagles located at 287 Maria. No one aooeared in 0000sition. CouncilmemberDimond moved aooroval Of the resolution. Adopted Yeas - 7 Nays - 0 39. Resolution.- 89-1664 - Approving the renewal of On Sale Wine, On Sale 3.2 Malt and Restaurant Licenses field by Mama's Pizza, Inc, dba Mama's Pizza located at 961 Rice. No one aooeared in 0000sition. Councilmember'Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Sonnen moved that the rules be suspended to consider an item not on the agenda oertaining to the Linnea Home. Roll call on sosoension of the rules. Adopted Yeas - 7 Nays'- 0 Resolution - 89-1686 - Commending the Linnea Home for their 75 years of outstanding service to the community and designating September 17th as Linnea Home Day. Councilmember Sonnen'moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Scheibel referred to a resolution adopted by Council one month ago' which adopted a $10,000 grant for the Urban Corps Program and he announced that the orogram is underway for education and work projects. Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 7 'Nays'- 0 ATl Ti�' A D J 0 U_RN�5 A. M. CouncitPress e3 t — WY c.pies sent to Council members 9-.R /- ABO:.Minutes approved by Council— ,9-.3 - 532 - MINUTES OF THE COUNCIL 9:00 A.M SEPTEMBER 19, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 6 - Councilmembers Dimond, Long, Goswitz, Rettman, Scheibel, Sonnen Absent ,1 - Councilmember Wilson (arrived at a, point in the meeting) CONSENT AGENDA Upon request of Councilmember Long, Item No. 14 was pulled from the Consent Agenda. Councilmember Dimond moved approval of the Consent Agenda as amended above. Roll call. Adopted Yeas - 6 Nays - 0 1. Appeal of Frank' Weber to a Vehicle Abatement Order for property located at 1720 W. Minnehaha (City Clerk recommends a date of hearing be established for October, 3, 1989). - Laid over to October 3rd for 'public hearing. - 2. Resolution - 89-1666 - Establishing the rate of pay for License and Permit Aide in Grade 22 of the Technical Standard Ranges in the Salary Plan and Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE "FINANCE COMMITTEE.) Referred to the Finance Committee. 3. Resolution - 89-1667 - Changing the rate of pay for Refectory Supervisor to Grade 21, Clerical Standard Rap es in the Salary Plan and Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE.) Referred to the Finance Committee. 4. Resolution - 89-1668 - Changing the rate of Day for Storeroom Manager from Grade 8 to Grade 10, Professional Employees Supervisory Standard Ranges in the Salary Plan and Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE.) ` Referred to the Finance Committee.' 5. Resolution - 89-1669 - Amending the 1989 budget and adding $4,295.94 to the Financing and Spending Plans for Board of ADpeals. (FOR REFERRAL TO THE FINANCE COMMITTEE.) Referred to the Finance Committee. 6. Resolution - 89-1670 - Amending the 1989 budget and adding $30,000 to the Financing and Spending Plans for City Clerk - Elections & Voter Registration for ballot printing. (FOR REFERRAL TO THE FINANCE COMMITTEE.) Referred to the Finance Committee. 7. Resolution - 89-1671- Amending the 1989 budget and adding $125,000 to the Financing and Spending Plans for Civic Center Building Maintenance/Asbestos Ceiling Replacement. (FOR REFERRAL TO THE FINANCE COMMITTEE.) Referred to the Finance Committee. 8. Resolution - 89-1672 - Amending the 1989 budget and adding $57,890.440 to the Financing and Spending Plans for Community Services/ Library Special Revenue. (FOR REFERRAL TO THE FINANCE COMMITTEE.) Referred to the Finance Committee. - 533 - J nt Seotember 19, 1989 9. Resolution - 89-1673 - Amending the 1989 budget and adding $12,000 to the y w - Financing and Spending Plans for Community Services/Parks & Recreation Summary Abatement. (FOR REFERRAL TO THE FINANCE COMMITTEE.) d Referred to the Finance Committee. 10. Resolution - 89-1674 - Aporoving the canvass and declaring the results of the x Seotember 12, 1989 City Primary Election. (FOR ACTION) Adopted Yeas - 6 Nays - 0 11. Resolution - 89-1675 — Indemnifying and holding harmless Pointe of St. Paul from I claims arising out of an agreement with the Police Department to provide space for additional radio equipment. (FOR ACTION) N Adopted Yeas - 6 Nays - 0 •_ 12. Resolution - 89-1676 - Aporoving the appointments by the Mayor of Mark Vaught i and Jim Curran to serve on the Planning Commission, terms to expire January 1, 1990. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE.) Referred to the Housing & Economic Development Committee. 13. Resolution - 89-1677 - Extending the moratorium enacted by Ord. p17498 which orohibited the 'issuance of any permit to establish a helioad or heliport for a I period of an additional six months to expire March 7, 1990 or until the completion of studies of the Planning Commission and City Council and enactment of new regulations. (FOR ACT) Yeas - 6 Nays - 0 Adopted Councilmember Wilson arrived at this point in the meeting. 14. Resolution - 89-1678 - Su000rting a proposed memorial planting of daffodiis to be naturalized in the median of Summit Avenue west of Saratoga Street as a memorial to Steve Grochala. (FOR ACTION) Councilmember Sonnen exulaiped the resolution and Councilmember Scheibel encouraged participation in the memorial planting: Councilmember Sonnep moved approval of the resolution. Adooted Yeas - 7 Nays - 0 OROINANCES 15. First Reading- 89-1679 - An ordinance amending Chapter 89.03 of the Legislative Code pertaining to Water Code -fire Supplies. (Board of Water Commissioners recommends approval - FOR ACTION) Laid over to September 26th for Second Reading. " 16. First Reading - 89-1680 - An ordinance granting permission to Ron Saxon Ford, Inc. to construct, operate and maintain a private energy management systems cable under and across Marion Street near University. (FOR ACTIO ) 54 Laid over to September 26th for Second Reading. PUBLIC HEARINGS 18. Resolution - 89-1681 - Ratifying Assessment for Marshall/Hamlin Area Paving & Lighting Project. (Public Works Committee recommends approval.) No one appeared in opposition. Councilmember Goswiti moved aooroval of the resolution. I Adopted Yeas - 7 Nays - 0 September 19, 1989 19. Resolution - 89-1682 - Ratifying Assessment for the Marshall/Hamlin Area Storm Sewer Projects, Phase A & B. (Public Works Committee recommends aooroval.) No one appeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted - Yeas - 7 Nays 0 21. Resolution - 89-1684 - Approving renewal of various Class III licenses. - No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted' Yeas.- 7 Nays - 0 22. Resolution - 89-1685 - AD proving renewal of On Sale Liquor -C, Sunday On. Sale Liquor, Entertainment III, Off Sale Malt, Gambling Location and Restaurant -B licenses of Minnecal Inc., dba Steve's Bar at 258 W. 7th Street. No on'aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 20. Resolution '- 89-1683 Ratifying Assessment for Summary Abatement,for Towing Abandoned Vehicles for the Period of February through June, 1989. Barbara Allen appeared and said she and her husband own and rent Property at d 1141'Lincoln "and she explained their oromotness in dealing with their renter on d this ,issue. She said their renter has 9hawn.them.recerots he obtained for, Droper.tabs on all the vehicles except one and' she said he is out of the country for the month'of September and she has not been able to,determine the ownership of the onevehicle, and she answered questions of Councilmember Dimond. There was discussion and agreement that because staff, is not Present to lay this address over four'weeks to October 17th. No one else appeared in 0000sition. Counciimember Dimond moved aooroval of the resolution as amended above. Adopted Yeas - 7 Nays - 0 Later in the meeting it was noted other people had arrived pertaining to this resolution to be heard in 0000sition. Richard Matthew appeared rggarding Property at 467 Banfil and said two.vehicles were taken off his property illegally and disposed of. Laid over to October ,lith to hear from staff. A gentleman appeared regarding property_ at 1628. Van Buren in. objection to ,the assessment. Laid over to October 17th to hear from staff. A gentleman appeared regarding Property at 62 W. Winifred and said he is being assessed but no vehicle was towed. Laid over to October 17th to hear from, staff. Councilmember Dimond moved reconsideration of his Previous motion above. Roll call. Adopted Yeas - 7 Nays - 0 Councilmember Dimond moved aooroval of the resolution as further amended. After some discussion roll 611 was taken on the motion. Adopted Yeas - 7 Nays - 0 17. Hearing to consider the appeal of Clara Charles to a Summary Abatement Order for Property at 1023 Dayton Avenue. Clara Charles appeared and said this abatement is for two vehicles one of which belongs to her and the other, to Louis Boykin and she requested an extension for the removal of Mr. Boykin's vehicle until he is able to act on it. Upon question of Councilmember Wilson, Ms. Charles stated she paid to have debris removed from the Drooerty and her vehicle is immobile and not operable and she has no place to store it. Councilmember Wilson requested a one week lay over in order to get staff resoonse and Councilmember Scheibel stated staff will get in touch with Ms. Charles before that time. Laid over one week to September 26th. - 535 - _ b .. Absent - 1 - Councilmember Wilson Joint meeting of the City Council and the County Board of Commissioners to receive the report of the Joint Parks Task Force. Elliot Perovich, Chair of the Task Force, appeared and gave an overall introduction of the Task Force report and he recognized'oersons active in the meetings and those not part of the Task Force.He stated the key issue is the formation of the two Park Commissions to act as advisors to the County and the City. Peggy Lynch, Project Director of the Task Force, aooeared and said this issue came about by the Friends of the Parks and she acknowledged Task Force members present in the Council Chambers today. Jeff Loux, Consultant• to the Task Force, aooeared and thanked the County and City -for this Jointmeetingand he presented slides highlighting the Task Force b61 key recommendations and thespiritthey wish to convey. Councilmember Scheibel expressed appreciation to all involved with the reoort and: the slides and he -referred to an ordinance presently before Council establishing a Parks Commission and urged the County to adoot the same: Councilmember Sonnen-said this study is very exciting and she appreciates the opportunity to 'hear the report With the County and she said now is the groper time to move forward. Councilmember Long said he is very excited with the Parks Comnission report. Commissioner Salverda said the Task Force has done a tremendous job and this report represents a new beginning. Commissioner Hunt agreed this is a new beginning and will enhance the oark system. Commissioner, Finley said this is a very good report and we need to keep in mind the total open space concept. Commissioner Norgard thanked everyone involved in this process and he gave special recognition to Peggy Lynch for her leadership. (CC '#13193) The meeting was thereupon adjourned. ADJOURNED AT 12:00P.M. V Lounc rest ems ATTEST:- Conies sent to Councilmembers D -/ - F Minutes aooroved by Council_Jo aL Q Gicy Gleric ABO:omk - 536 - i MINUTES OF THE COUNCIL 9:00 A.M SEPTEMBER 21, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:10 A.M. Present 5 - Councilmembers Dimond, Long, Rettman, Scheibel, Wilson Absent 2 Councilmembers Goswitz and Sonmen (arrived at points during the meeting) counciimember Scheibel noted that Councilmembers Goswitz and Sonnen were attending a meeting of the Civic Center Authority and will be arriving soon. CONSENT AGM Upon request of Councilmember Dimond, Item No. 9 was culled from the Consent Agenda to be acted on today. Councilmember Dimond moved approval of the Consent Agenda as amended above. Roll,call. Adopted Yeas - 5 Nays - 0 1. Claim of Marrerite Anderson,,, 44 N. Mississippi River Blvd., filed August 31, 1989, was.rea Referred to the City Attorney's Office. Claim of Stuart Brodsky, 5537 Queen Ave. S., Mpls., MN, filed September 5, 1989, was read. Referred to the City Attorney's Office. Claim of Florence Felix, 1613 Carroll, filed September 6, 1989, was read. Referred%to the City Attorney's Office. Claim of Gaylen Foreman, 552 Marshall, filed September 5, 1989, was read. Referred to the City Attorney's Office. Claim of Thomas Herberg, 1273 Fairmount, filed September 8, 1989, was read. Referred to the City Attorney's Office. Claim of Bonita Hjulberg, 157 - 13th Ave. S-, New Brighton, MN, filed September, 8, 1989, was read. Referred to the City Attorney's Office. Claim of Douglas Johnson, 9429 Stonebridge Tr. N., Stillwater, MN, filed September 6, 1989, was read: Referred to the City Attorney's Office. Claim of Mrs. W. R. Kennedy, 2259 Summit, filed September 12, 1989, was read. Referred to the City Attorney's Office. Claim of John Midtbo,1571 Sherwood Ave. E., filed September 12, 1989, was read. Referred to the City Attorney's Office. Claim of Andrea Miller,302 Ryan, filed September 12, 1989, was read. Referred to the City Attorney's Office.- Claim ffice.Claim of Marguerite and Frank Nayman, 1455 Lincoln, filed September 11, 1989, was read. Referred to the City Attorney's Office. 537 Seotember 21, 1989 Claim of Phyllis Neese, 325 T000ing, filed September 7, 1989, was read. Referred to the City Attorney's Office. Claim of Danielle Nelson, 2013 Laauna Ave., Red Wing, MN, filed September 8, 1989, was read. Referred to the City Attorney's Office. Claim of Lawrence Renko, 422 W. Wilkins, Stillwater, MN, filed August 31, 1989, was read. Referred to, the City Attorney's Office. Claim of Mike's Towing, 847 Hudson Rd., filed September 1, 1989, was read. Referred to the City Attorney's Office. Claim of Susan Trcka (Michael Kamomeyer, attny.) filed Seotember 1, 1989, was read. Referred to the City Attorney's Office. Claim of John Wicka (James Wicka, attny.) filed August 29, 1989, was read. Referred to the City Attorney's Office. 2. Summons and comolaint in the matter of Bar -B -Q King Restaurant vs the City of St. Paul et al. Referred to the City Attorney's Office. 3. Summons and complaint 'in the matter of St. Paul Fire & Marine Ins. Co., vs the City of St. Paul et al. Referred to the City Attorney's Office. 4. Summons and complaint in the matter of Suzanne Barclay Rosebloom vs the. City of St. Paul et al. Referred to the City Attorney's Office. 5. Summons and complaint in the matter of Eleanor Warkentien vs the City of St. Paul. Referred.to the City Attorney's Office. 6. Communication and documentation of Sharon Anderson. Filed _ (CC #13196). 7. Letters of the City Attorney's Office announcing dates of hearings for September 25, 1989 pertaining. to possible adverse action against licenses held by Rice Street V.F.W., Tanners Lake V.F.W. Post #8217, 1795 E. 7th Street, and Anderson - Nelson V.F.W. Post #1635, 648 E. Lawson Filed (CC #13194) B. Administrative Orders D-10423 through D-10438 were noted as on file in the City Clerk's Office. 10. Resolution - 89-1688 - Amending the 1989 CIB budget by adding $100,000 for traffic control signal system at the intersection, of ;Cretin. and Grand. (FOR ACTION) Adopted . Yeas - 5 Nays - 0 11. Resolution - 89-1689 - Authorizing oroper City officials to execute a revised Traffic Control Signal Agreement between Ramsey County and Roseville for systems on Laroenteur at Fernwood and Dunlao. (FOR ACTION) Adopted Yeas - 5 Nays - 0 - 538 - September 21, 1989 12. Resolution - 89-1690 - Indemnifying Gary Sholl and Henry and Shirley Ring for use of their properties for the Police Department's Critical Incident Response Team training.' (FOR ACTION) Adopted Yeas - 5 Nays - 0 13. Resolution - 89-1691 - Petitioning the Minnesota Transportation Board to determine cost sharing for signal relocations on the Chicago and North Western Transportation Company crossing of Ames near Flandrau. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 14. Resolution - 89-1692 - Directing property at 1992 Clear be cleaned up and if the work is not completed within time provided the City may proceed to do so. (FOR ACTION - Hearing held August 8th) Adopted Yeas - 5 Nays - 0 15. Resolution - 89-1693 - Directing broken sewer on or near property located at 2173 Nortonia be fixed and if work is not complete the City may proceed to do so. (FOR ACTION - Hearing held August 10th) Adopted. Yeas - 5 Nays - 0 16. Resolution - 89-1694 - Setting date Of public hearing on the proposed 1990 City Budgets for October 19, 1989 at 7:06 P.M. to be held in the City Council Chambers. (FOR ACTION) Adopted Yeas - 5 Nay's - 0 17. Resolution - 89-1695- Authorizing the sale of up to $1,20D.000 in single family rehabilitation loans to the Neighborhood Housing Services of America, creating a default reserve account to reourchase delinquent loans sold, and amending the CDBG budget by adding $520,000 for the Single Family Rehab Program. (FOR ACTION) Adopted Yeas-- 5 Nays - 18. Resolution - 89-1696 - Recommending the City Attorney's Office create a special Family Violence Prosecution Unit. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 19. Preliminary Order - 89-1697 - Improving streets as listed with bituminous paving, concrete curbs, gutter, driveways and' outwalks, and upgrading an existing street lighting system to a lantern style street lighting system in conjunction with the Portland/Aldine Area Street Paving & Lighting Project, and setting date of Public hearingforOctober 31st. (FOR ACTIONI Yeas s - 5 Nays - 0 20. Preliminary Order - 89-1698 - Constructing the Portland/Aldine Area Storm Sewer project for the area bounded by Selby, Fry,, Princeton and Fairview, and setting date of ' public hearing for October 31st. FOR ACTION) Adopted Yeas-- 5 Nays - 0 21. Preliminary Order - 89-1699 -Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Portland/Aldine Area Sewer and Street Paving & Lighting project, and setting date of oublic hearing for October 31st. (FOR ACTION) Adopted Yeas - 5 Nays - 0 - 539 - �w 4Vla ` _ r¢ September 21, 1989 ee 22. Preliminary Order - 89-1700 - Imoroving streets as listed with concrete curb and �- gutters, bituminous surfaced roadway, concrete driveway aprons and outwalks, boulevard lantern i sodding and style street lighting system in conjunction with the project known as the Seventh/Otto Street Area Street Paving & Lighting project, and setting date of public hearing for November 9th. (FOR ACTION) Adopted Yeas - 5 Nays - 0 23. Preliminary Order - 89-1701 - Constructing .+ the Seventh/Otto Street Area Storm Sewer project for the area bounded by I-35E, Shepard Road, Osceola and Sumac, and setting date of public hearing for November 96. (FOR ACTION) t >' Adopted Yeas - 5 Nays - 0 24. Preliminary Order - 89-1702 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the i Seventh/Otto Street Area Storm Sewer and Street Paving & Li"gqhting project, and setting date of public hearing for November 9th. (FOR ACTIO n) Adopt Yeas o i - 5 Nays - 0 25. Resolution - 89-1703 - Approving Reassessment for benefits received from reconstruction of sidewalk with integral curb on the south side of W. 7th Street from Douglas to McBoal against property at 106 Douglas, and setting date of public hearing for October 31st. (FOR ACTION) Adopted Yeas - 5 Nays - 0 26. Resolution - 89-1704 - Approving assessment by condemning and taking oermanent s " utility easement in connection with the Arcade/Minnehaha Area Sewer Separation project, and setting date of public hearing for October 31st. (FOR ACTION) - 4+ ' Adopted Yeas - 5 Nays - 0 ORDINANCES, 27. First Reading - 89-1705 - An ordinance amending Chapter 85 of the Legislative Code and adjusting water rates in the City effective January 1, 1990. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. COWITTEE REPORTS 28. Second Reading - 89-1505 - An ordinance amending Chapter 33 of the Legislative Code oertaining to building permit posting. (Housing & Economic Development y ` Committee recommends approval) Laid over to September 26th fpr Third Reading. 29. Second Reading 89-1576 - An ordinance amending Chapter 60 of the Legislative Code oertaining to zoning text changes to u related restaurants. (Housing & Economic Development Committee recommends aooroval) fi $ modedCouncilmember of the aexDlained mendment, Committee discussion and the amendment and he aouroatr4 Councilmember Rettman referred to language being deleted oertaining to excessive litter and said she would like that language kept in the ordinance. After further discussion there was agreement amendments would be adooted at Third Reading. Laid over to October 19th for Third Reading. Councilmember Goswitz arrived at this point in the meeting. 30. Second Reading - 89-1266 - An ordinance amending Chapter 370 of the Legislative Code oertaining to appointment of members to the Board of Examiners for Certificate of Competency holders. (Finance Committee recommends aooroval) i xs, Laid over to September 26th for Third Reading. 1 540 - I ` A'a Seotember 21, 1989 31. Resolution - 89-1421 - Changing the rate of nay for Food Quality Control " Supervisor Board of Education in the Salary Plan and Rates of Compensation Resolution. Reading Finance Committee r (Second & Adoption - recommends approval) Councilmember Long moved aooroval of the resolution. v¢,r Adopted Yeas - 6 Nays - 0 § 32. Resolution - 89-1422 - Establishing the rate of pay for Driver Operator Water Utility in the Salary Plan & Rates Compensation Resolution. (Second Reading <r of & Adoption - Finance Committee recommends aooroval) Councilmember Long the 5 ' moved aooroval of resolution. Adopted. Yeas 6 � r � - Nays -,0 u} 33. Resolution - 89-1491 - Amending the St. Paul" Salary Plan and Rates of Compensation Resolution by.e§tablishing a process by which City employees may transfer City Reading their vacation credits to other employees. (Second & E7 Adoption - Finance Committee recommends aooroval) Upon -question of Councilmember;Rettman, John Shockley of the Personnel Office 4 appeared and stated the Labor and Relations Management Committee came to a concensus of aooroval on this item. Councilmember Long moved approval. of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 _ v 34. Resolution - 89-1300 - Amending, the 1989 budget by adding,$10,800_to the Financing Spending Plans Alarm Program. S w ^Al�r'ft & for the Permit; , (Finance Committee recommends aooroval) Councilmember'Long aooLon moved roval of the resolution. Adopted Yeas - 6 Nays - 0 35. Resolution - 89-1540 - Amending the 1989 budget by adding $246,151 to the Financing & Spending Plans for CIS computer upgrading. .(Finance Committee recommends aooroval of substitute resolution for $143,254) Councilmember Long moved approvai of the resolution as amended. Adopted Yeas - 6 Nays - 0 36. Resolution - 89-1492 - Amending the, 1989 budget by-adding $20,000 to the Financing & Spending Plans for physical examinations for potential City employees. (Finance Committee recommends aooroval as amended to'$16,000) Councilmember Long moved aooroval of the resolution as amended. Adopted Yeas -,6 Nays - 0 ! 37. Resolution - 89-1325 - Amending the 1989 budget by adding $30,000 to the Financing "Q- a\ & Spending Plans in the Fire Department for; new roof at Fire Station No. 10. (Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted, Yeas - 6 Nays -.9 38. Resolution - 89=1423 '- Amending the 1989 budget by addin $11,706 to ,the Financing & Spending Plans for Fire Department overtime salaries. (Finance u Committee j' recommends approval) Councilmember Aar _ Long moved aooroval of the resolution. Adopted Yeas - 6 Nays,- 0 39. Resolution - 89-1521 - Amending the 1989 budget by adding $70,000 to the Financing & Spending Plans for Public Works Traffic, Signal, Lighting & Maintenance fund. (Finance Committee recommends aooroval) 3 Councilmember Long moved aooroval of the resolution. Adopted Nays 0 tl Y'. Yeas - 6 - Councilmember Sonnen arrived at this point in the meeting. . 1 - 541- a September 21, 1989 40. Resolution - 89-1301 - Amending the 1989 budget by adding $42,445 to the Financing &-Spending Plans for Rental Dwelling Registration Program. (Finance Committee recommends denial) Councilmember Long withdrew the resolution. Councilmember Rettman said she requested prior to funding that a determination be made as to where the funding will come from and she stated she will not aDorove funding out of the Neighborhood Delivery Program. Withdrawn. 41. Resolution - 89-1427 - Amending the 1989 budgetby adding $8,673 to the Financing & Spending Plans for G.O. Special Assessment, 1987 and 1988 bonds - arbitrage interest earnings. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted- Yeas - 7 -Nays - 0 42. Resolution - 89-1428 - Amending the 1989 budget by adding $123,194 to the Financing & Spending Plans for General Debt Service fund, 1987 and 1988 bonds arbitrage interest earnings: (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas -7 Nays - 0 43. Resolution - 89-1429 - Amending the 1989 budget by adding $118,850 to the Financing & Spending Plans for Sewer Service Bond fund - arbitrage interest earninggs. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 44. Resolution - 89-1430 - Amending the 1989 budget by adding $12,000 to the Financing & Spending Plans for Downtown and 7th Place TIGO Debt Service - arbitrage interest earnings. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 45. Resolution - 89-1431 - Amending the 1989 budget by adding $7,000 to the Financing & Spending Plans for Park Nursery Development TIGO Debt Service - arbitrage interest earnings. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 'Nays - 0 46. Resolution - 89-1424 - Amending the 1989 budget by adding $52,451.96 to the Financing & Spending Plans for Friends of the Library, (Finance Committee recomme s approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 47. Resolution - 89 -1425 -Amending the 1989 budget by adding $30,000 to the Financing & Spending Plans for Community Services Library materials. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 48. Resolution - 89-1243 - Approving the appointment by the Mayor of James Sargent toserve on the Civil Service Commission. (Finance Committee recommends denial) Councilmember Scheibel withdrew the resolution. Withdrawn. - 542 - /` .. a f - September 21, 1989 49. Resolution - 89-.1469 - Authorizing District Councils to use funds • allocated for neighborhood clean up projects in addition to Neighborhood Cleanup Day and that r� t District 15 Community Council is authorized to utilize its Neighborhood Cleanup 'k °t allocation for printing and distribution of solid waste reduction and recycling �� brochure. (Finance Committee recommends denial) ft4 g Councilmember Longreferred to and explained a substitute resolution and he t moved aooroval of the substitute resolution. Councilmember Dimond said he spoke strongly against the original resolution as _1 he feels the present program is successful with strong. community supportbut he ( feels the proposed substitute resolution should be considered as the new wording is.veryy'.imoortant., 5• Councilmember Rettman said she. cannot support the soirit and intent of either the original or the subsitute resolutions and feels excessive money. should be r4'• ` returned to the general fund. {::• Councilmember Goswitz said he isagainst the original resolution and has not had the opportunity to review the substitute. Councilmember Long recommended his proposed substitute resolution be referred to Committee as it is a policy discussion issue. Councilmember Wilson said the present program is working well but gettingg discussion in Committee would be good and he is willing to work on the issue and will bringg in some input on the subject. Referred to the Public Works Committee. F 50. Resolution - 89-1306 - Amending Chapter A-1 Rule 17 of the Administrative Code in its entirety and substituting with new languagge which allows citizen appearances before the full Council. (Rules & Policy Committee recommends denial of amended resolution ;;Laid over from September 14th) Laid over one week to Seotember 28th. 51. Resolution - 89-1219 - Adopting revised Early Notification Policy and Procedures and clarifying its operation as found in Chapter A-11 of the Administrative Code. ,(Rules & Policy Committee recommends aooroval with amendments - Laid over from September 14th) Councilmember Sonnen moved approval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Scheibel recognized students from Cretin/Durham Hall present in the Council Chambers as oart of their educational studies. ' 9. Resolution - 89-1687 - Amending the 1989 budget by adding $68,625 to the Financing & Spending Plans for the Personnel Office to undertake a market study k.; to evaluate and compare some City positions to outside employers. (FOR REFERRAL TO THE FINANCE COMMITTEE) Councilmember Sonnen said there is,new informationon this subject and she requested.it be reviewed again .in the Finance Committee. <r Councilmember Dimond said there alreadyhas been numerous discussions in Committee on this subject and he moved denil of the resolution. r Councilmember Rettman said she is not in su000rt of the study but if it done then it should be by City staff. Councilmember Long. said there has been extensive discussion and the issue of - implementation is still up in the air. Sheryl Le of the Personnel Office appeared and said they are now Dreoared to give a full reoort and she urged this resolution be referred back to Committee. —. Councilmember Wilson said he does not feel an outside study is required. # Jerry Serfling of AFSCME appeared and spoke in su000rt of denying this s a reso ution and a said pay equity is implemented through collective bargaining. Councilmember Dimond moved denial of the resolution. Roll call on the motion to deny. s Adopted Yeas - 6 Nays - 1 (Sonnen) The Council at this time recessed and reconvened at 10:10 A.M. 543 - M R. x` September 21, 1989 Councilmembers Goswitz and Sonnen left the meeting at this point and returned later._ PUBLIC HEARINGS 52. Resolution - 89-1577 Granting the petition of the City for the vacation of Darts of Lots 27-30 81k 4 Aurora Addition located at the intersection of Hazel and.Bush. _(Laid over from September 7th) Laid over to: October 26th. 55. Resolution - 89-1546 - Granting the petition of Richard Timmers for the vacation of Cottage between Arkwright and Eddemont. (Laid over from August 31st) Laid over indefinitely. a 59. Resolution 89-1706 - Ratifying assessment for. the ,installationof sanitary sewer and sewer service connections in DeSoto.from Nebraska. to Montana. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 5 Nays - 0 60. Resolution - 89-1707 - Ratifying assessment for the installation of storm sewer service stub connections in conjunction with the Stillwater/Nokomis and Arlington/Arkwrigght_Area Storm Sewer Projects. (Public Works Committee recommends. approval) No one aooeared in: opposition. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember,Sonnen arrived at this point in.the meeting, 61. Resolution -.89-1708 -.Ratifying assessment and installing water main and service connection in S. Griggs from Randolph to 70 ft, north of Randolph. No one appeared in opposition: Councilmember Rettman moved aooroval of the resolution. Roll call. Adopted Yeas - 6 Nays - 0 Councilmember Goswitz arrived at this point in the meeting. 62. Resolution - 89-1709 - Approving the transfer of On Sale Liquor, On Sale Sunday Liquor,. Restaurant and Entertainment III Licenses currently issued to the Rand Bar, Inc, dba The Rand Bar located at 2516 W. 7th transferred to The Rand Bar, Inc. dba Starting Gate Restaurant & Lounge located at the same address. Councilmember Rettman said she has questions regarding the health code. Councilmember Scheibel closed the public hearing and laid the resolution over to ;r Tuesday to get a response from staff. . No one aooeared in opposition'. .. Laid over to Tuesday, September 26th. Later in the meeting Councilmember Rettman said she received the information she needed and there is no need to lay it over to Tuesday. — Councilmember Long moved aooroval_of the resolution. Adopted Yeas - 7 Nays - 0 63. Resolution - 89-1710 - Approving application for Second Hand Dealer Motor Vehicle: License. applied for'by Royal Auto Imports located at 2250 University. No one appeared in 0000sition. Councilmember Sonnen moved aooroval of the resolution. _i Adopted Yeas - 7 Nays - 0 1 - 544 - x, . September 21, 1989 53. Third Reading - 89-1573 - An ordinance amending the Administrative Code by adding a new chapter establishing a Parks & Recreation Commission for the City and providing for its Dowers and staffing. (FOR ACTION — Continued from September 14th) No one appeared in opposition. Councilmember Rettman referred to amendments previously adooted changing the members from 9 to 7 and she moved the amendment to be consistent throughout the ordinance. She stated the Planning Commission is meeting tomorrow and she said she would like the public hearing to be continued. Roll call on the amendment. Adopted Yeas - 7 Nays - 0 After some discussion there was agreement to continue with the readings and if there are amendments from the Planning Commission they can be made at Fourth Reading:. Laid over to September'28th for Final Adoption and to hear comments from the Planning Commission and the CIB Committee. 54. Hearing to consider the appeal of Ronald Gnetz to a decision of the Planning Commission denying request for nonconforming use permit for property located at 2048'Bohland to continue as a six unit apartment. (Laid over from August 17th) Councilmember Long gave a brief background on this item and said the only concern of the neighbors is traffic in the alley. He explained this is a hardship issue for Mr. Gnetz and the use is very consistent with -oast use and he recommended approval of the nonconforming use permit. I- Councilmember Rettman said she sees this as a sporadic use but not as a continued use and that she sees no error made by the Planning Commission in their decision to deny the request. Councilmember Scheibel noted that the density has not been inconsistent. Ronald Gnetz appeared and explained his hardship if his request is denied. Chuck McGuire of PED appeared and Presented his staff report and further background information. Councilmember Dimond said if this request is approved it will seta precendent. Councilmember Scheibel said he knows this area well and that he sees it as being consistent and there is ample evidence to show that. Councilmember Long said he is convinced approving this request is the best way to go and he moved approval of the appeal for a nonconforming use permit. Roll call on the motion. Adopted Yeas - 4 ((Goswitz/Long/Scheibel(( Wilson) Nays - 3 (Rettman/Sonnen/Dimond) 56. Hearing to consider the appeal of Susan Bomberg to a Summary Abatement Order for - property located at 976 Goodrich. No one appeared in opposition. John Betz appeared and Dresented his staff report and said the order came about from a petition of the residents and he said the garage has been cleaned up but still needs to be secured. Councilmember Rettman moved that the structure be secured on or before October 1st or the City will do the necessary work and she moved the appeal be denied. Roll call on the motion to deny the aooeal. Adopted Yeas - 7 Nays - 0 57. Hearing to consider the appeal of Audrey Petschen to a Summary Abatement Order for property located at 1274 Sherburne. No one appeared in opposition. John Betz presented his staff report stating his office received a complaint and he distributed photographs of the property showing the condition still exists. Councilmember Wilson said based on the evidence Provided today he will moved approval of the order. Roll call. Adopted Yeas - 7 Nays - 0 - 545 - Seotember 21, 1989 58. Hearing to consider the appeal of Larry Propotnik to a Vehicle Summary Abatement Order for property located at 1992 Clear. Mr..Pr000fnik aooeared and stated his reasons for appealing this order are because both vehicles are in working condition and he said both vehicles. have been removed from the property. John Betz said two vehicles were determined to be unooerable and he stated the criteria to make that determination. Upon. question of Councilmember Dimond, Mr. Betz stated because the vehicles have been removed from the property their file is closed. Councilmember Dimond moved aooroval of the appeal. Adopted Yeas - 7 Nays - 0 (CC 013195) 64. Resolution - 89-1751,- Suspending :licenses , held by. Cusicks, Inc,.dba Reaney's Bar located at 870 Payne Avenue based on the report of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations. Phil Byrne, Assistant City Attorney, appeared and referred to the drafted resolution and he presented his staff report stating this is the second time this establishment has been before Council- Pertaining to suspension of their license., Mike Reaney appeared and stated money was never involved in the events that took place at his bar and it was strictly for entertainment purooses and he answered qyuestions of Councilmember Scheibel. No one else aooeared. Councilmember Dimond moved that the public hearing be closed. ; Roll call. Adopted.,,, Yeas - 7 Nays - 0 Councilmember Wilson left the meeting at this Point. There ,was considerable discussion and Councilmember Long moved that the licenses be suspended for six days. Councilmember Rettman stated she will not support that motion but would consider a ,lessersuspension.. Councilmember Scheibel said he will vote in support of the motion 'to be consistent with previous similar.actions taken. Councilmember Dimond called the question. Roll call on the motion for aooroval of suspending the licenses for six consecutive days.._. Adopted Yeas - 5 Nays - 1 (Rettman) Councilmember Long moved that the rules be suspended to consider an item not on the agenda pertaining to guidelines for the new Commercial Area Parking Program to be laid over to Tuesday, September 26th. Roll call on suspension of the rules. Adopted Yeas - 6 Nays - 0 Resolution - 89-1735 - Adopting guidelines for a new Neighborhood Commercial Area Parking Program. Laid over to Tuesday, September 26th. Councilmember Long moved that the rules be suspended to consider an item not on the agenda Pertaining to a budget amendment for License and Permit Administration rate increase for 1990 to be laid over to Tuesday, September 26th. Adopted Yeas - 6 Nays - 0 Resolution - 89-1736 - Amending the 1989 budget by adding $12,000 to the Financing & Spending Plans for Finance and Management Services License and Permit Administration. Laid over to Tuesday, September 26th. - 546 - MINUTES OF THE COUNCIL 9:00 A.M SEPTEMBER 26,'1989 COUNCIL CHAMBERS — CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:00 A.M. Present - 6 - Council members Dimond, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Goswitz (Councilmember Scheibel stated that Councilmember Goswitz is attending a seminar out of town and has been excused) MISCELLANEOUS 33. Recognition of Youth Volunteers for the month of October. Councilmembers'recognized youth for volunteering their time for the month of October. CONSENT AGENDA Councilmember Scheibel stated that Item No. 7 will be referred to the Public Works Committee. Councilmember Dimond moved aooroval of the Consent Agenda as amended. Adopted Yeas - 6 Nays - 0 1. Approval of minutes for City Council meetings of August 15, 17, 22, 24, 29, and 31, 1989. Adopted Yeas - 6 Nays - 0 2. Claim of Candace Bauer, 326 - 9th Ave. N., S. St. Paul, filed September 14, 1989, was read. Referred to the City Clerk's Office. Claim of Violet Forsblad, 1883 E. Cottage, filed September 14, 1989, was read. Referred to the City Clerk's Office. Claim of Sandra Jackson, 936 Marshall, filed September 14, 1989, was read. Referred to the City Clerk's Office. Claim of Lorraine Powers, 1872 Marshall, filed September 13, 1989, was read. Referred to the City Clerk's Office. Claim of Marie Shipley, 701 Ohio, filed September 13, 1989, was read. Referred to the City Clerk's Office. Claim of Crystal Ann Timmers, 856 Payne, filed September 14, 1989, was read. Referred to the City Clerk's Office. Claim of Curtis West (James Abbs, attny.), filed September 14, 1989, was read. Referred to the City Clerk's Office. Claim of Raymond Whebbe (Harlan Goulett, attny.), filed September 14, 1989, was read. Referred to the City Clerk's Office. 3. Appeal of Pallet Recycling, Inc. to a Summary Abatement Order for property located at 391 Topping. (City Clerk recommends a date of hearing be established for October 17, 1989) Laid over to October 17th for Public Hearing. - 548 - \ u 3 September 26, 1989 4. Request of James Lemke to vacate property located at 1051 Pierce Butler Route near Oxford. (FOR REFERRAL TO THE FINANCE DEPT. FOR CHECK AS TO SUFFICIENCY AND FOR RECOMMENDATION) xs Referred to the Finance Department. sl, r, , 5. Resolution - 89-1712 - Accepting g grant from the Minnesota Foundation and amending the 1989, budget by adding $13,000 to the: Financing & Spending,Plans in City Council Research to coordinate a Tutor's Program. (FOR ACTION) Adopted P Yeas - 6 Nays - 0 L 6. Resolotion - 89-1713 - Adopting Policies for Legislative Advisory Committees. (FOR REFERRAL TO THE.RULES & POLICY COMMITTEE) , Referred to, the Rules & Policy Committee. 7. Resolution - 89-1714 - Approving the appointments of members to the Toxic Chemical, Task Force. (FOR ACTION) Referred to the Public Works Committee. 8. Resolution - 89-1715 - Removing residential permit parking restrictions on both sides of Wilder,between Dayton and Selby, and both sides of Moore between Laurel - and Selby. (FOR REFERRAL To THE:PUBLIC WORKS COMMITTEE),. Referred to the Public Works Committee. 9. Resolution - 89-1716 - Amending C.F. 88-1704 which vacated part.of W. 6th Street West Seventh Place and Mayall ACTIONJ alley for the St. Paul Companies. (FOR ( Adopted Yeas - 6 Nays -,0 10. Resolution - 89-1711- Supporting the National and Community Service Act of 1989 and It Congressional approval= (FOR ACTION) Adooted ar Yeas 6 Mays .- 0 11. Resolution -,89-1718 Approving contract Agreement for Remote Metering Sstems between the'Board of Water Commissioners and ACTION) the City of West St. Paul.,' (FOR Adopted Yeas - 6 Nays - 0 ORDINANCES 12. Second. Reading - 89-1679 - An ordinance amending Chapter 89.03 of the Legislative Code oertaining,to Water Code Fire Supplies. (Board of Water Commissioners recommends approval - FOR ACTION) Laid over to September 28th for Third Reading. 13. Second Reading - 89-1680 - An ordinance granting permission to Ron Saxon Ford, Inc. to construct, operateand, maintain a private energy management systems cable under and across Marion'Street near University. (FOR ACTION) Laid over to September 28th for :Third Reading. PUBLIC HEARINGS fir$ 14. Hearing to consider the appeal of Clara Charles to a Summary Abatement Order for propat 1023 erty located - rfrom September rt—Uponreuestof nciilmmeWilson thisitmwasaid two A 4 la October 10th. over weeks to Laid over to October 10th. C - d - 549 - September 26, 1989 15. Third Reading - 89-1505 - An ordinance amending Chapter 33 of the Legislative Code pertaining to building -permit posting. (Housing & Economic Development Committee recommends approval) No one appeared. Laid over to October 3rd for Final Adoption. 16. Third Reading - 89-1266 An ordinance amending Chapter 370 of the Legislative Code pertaining to appointment of members to the Board of Examiners for Certificate of Competency holders. (Finance Committee recommends approval) Councilmember Rettman said it was her understanding this ordinance was to amend language to be gender neutral but it is inconsistent with that intention and she questioned whether the Department is in su000rt-of the ordinance. - There was some discussion and Ed Starr referred to union trade names and he said if journeyman was changed it would lose its terminology from the union contracts. Councilmember Dimond moved the ordinance be amended to read Journeyperson (Journeyman) where appropriate. Ed Starr stated that amendment is sufficient as it would not lose terminology pertinent to the unions and at the same time would show gender neutral language Councilmember Long stated many questions were answered in Committee and that the Department is in su000rt of theordinanceas well as the Trades. Roll call on the amendment. Adopted Yeas - 6 Nays - 0 Laid over to October 3rd for Final Adoption. 17. Final Order - 89-1719 - Sidewalk construction and/or reconstruction on the east side of Birmingham from E. 7th to York the west side of Birmingham from E. 7th to Case, the south side of Case from Clarence to Birmingham, and reconstruction with integral curb on the southeast side of W. 7th from Walnut to Ramsey at 270 W. 7th. It was noted that the Public Works Committee recommends that the east side of Birmingham be rescinded, the west side of Birmingham be approved, West 7th be laid over to October 5th, and that the south side of Case be approved with the sidewalk on Birmingham to be consistent with the terrain. No one appeared in opposition to the Order or to the Committee amendment. Councilmember Dimond moved approval of the Order with amendments. Roll call. Adopted Yeas - 6 Nays - 0 18. Final Order - 89-1720 - Condemning and taking temporary construction easement over and across the westerly 50 ft. of the easterly 60 ft. of Lot 16,.B1k. 4, Rice Street Villas in conjunction with the Albemarle/Nebraska Area Sewer oroject. (Public Works Committee recommends approval) - No one appeared in opposition. Councilmember Rettman moved approval of the Order. Adopted Yeas - 6 Nays - 0 19. Final Order - 89-1721 - Condemning and taking temporary construction easement over and across Blk. 2, Lots 10-12, Griebe and Bresters Addn. in conjunction with the Marshall /Haml ine Area Sewer project. (Public Works Committee recommends approval) No one aooeared in 0000sition. Councilmembers Rettmah and Sonnen moved approval of the Order. Adopted Yeas - 6 Nays - 0 September 26, 1989 r 20. Final Order - 89-1722 - Condemning and taking easements in land necessary for slopes, cuts and fills including right of removal of lateral support occasioned excavations thereof or construction of slopes in the ggrading and paving of in Dawson's Rearrangement of Blk. 76 of Banning & 0 iver's Addn. to W. St. alley Paul. (Public Works Committee recommends aporoval) r�I No one aooeared in 0000sition. Councilmember-Rettman moved, approval of the Order. 7P<ui Adopted Yeas'- 6 Nays - 0 21. Final Order -89-1723 - Improving the north/south alley in Dawson's r'Ji .8 Rearrangement of Blk. 76 of Banning .& Oliver's Addn. to W. St. Paul by grading x and paving the alley from 'Winona to Curtice for the area bounded' by Curtice, Committee approval)` Chiopewa, Winona and Delawares (Public Works recommends s z x No one aooeared in 0000sition. Councilmember Rettman moved approval of the Order. Adopted Yeas - 6 Nays - 0 22. Resolution - 89-1724 -Ratifying assessmentfor the .Sylvan/Acker Area Street , Paving & Lighting the Sylvan/Acker Area supplement. (Public Works oroject'and Committee recommends approval), John Oaubney,apoeared representing, Lawrence H. Smith who owns property west of 35E and"north ;of Minnehafia:in opposition to the high assessment on this prooerty and he stated'there is a matter already in court on the condemnation issue which is separate from this matter today. Councilmember Rettman said this issue has been heard in Committee with a tremendous amount of research and she is familiar with the issues. George Hancock aooeared and said he owns property located near Sycamore and Acker and he sooke in 0000sition' to'his 'high assessment. Peter 'White of the Finance Department appeared and said this property is located at the corner of Acker and Sylvan and he explained the assessment and the determination the included forstreet paving. of costs Councilmember Rettman said this is part of the.URAP area and she further exolained this assessment. Upon question of Councilmember Rettman, Mr..Hancock stated City staff has not met with'him and Peter White stated he will meet with him today. S No one else aooeared. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0' 23. Resolution - 89-1725 - Ratifying assessment for construction of the Sylvan/Acker Area Storm Sewer project. (See discussion above) %^ Councilmember Rettman moved approval of the resolution. Adooted Yeas - 6 ' Nays - 0 24. Resolution - 89-1726 - Approving application for General Repair Garage License 'Inc. t { applied for by Auto Glass By Jeff, located at 1463 Marshall. No one appeared in 0000sition. Councilmember Dimond moved approval of the resolution. Nays,- 0 Adooted Yeas - 6 25. Resolution - 89-1727 - Approving aoolication for State Class B Gambling License by Hayden Heights Booster Club at Sherwood Lounge located at 1418 r M s, applied for White Bear Avenue. t. R No one aooeared in 0000sition. Councilmember Dimond moved aoproval of the resolution. M Adooted Yeas - 6 Nays - 0 err — 551 — September 26, 1989 26. Resolution - 89-1728 - Approving application for Class A Gambling Location License applied for by The Janet Coro. & Donval, Inc. dba Sherwood Lounge located at 1418 White Bear Avenue. No one appeared in opposition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 6 Nays 7 0 27. Resolution - 89-1729 - Aooroving application for Gambling Manager's License by Lester R. Hansen dba Hayden Heights Booster Club at Sherwood Lounge located at 1418 White Bear Avenue. No one appeared in opposition.' Councilmember Dimond'rtoved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 28. Resolution - 89-1730 - Approving aoolication for the renewal of State Class A Gambling License applied for by North End Boxing Association located at 1079 Rice Street. No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas _ 6' Nays 0 29. Resolution - 89-1731- Approving aoplication for Massage, Theraoist License applied for by 'Daniel Goodman dba Grand Tan located at 80 N. Snelling. No' one aooeared in opposition: Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays 0 30. Resolution- 89-1732 - Approving, the renewal of Off 'Sale Liquor and D -Original Container License held by Ann`Dragicevich dba Shelling Avenue Fine Wines 'located at .500'N. Snelling. No one'apoeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adopted . Yeas - 6 Nays 0 - 31. Resolution - 89-1733 - Aoorovingg application forParking Lot License applied for by Carl S. and Mary Kaye Pedro located at 242 E. 8th. No one aooeared in 0000sition. Uoon question of Councilmember Rettman, Christine Rozack of the License Division aooeared and stated this is for an existing lot. Councilmember Rettman moved aooroval of the resolution. Adopted" Yeas - 6 Nays - 0 32. Resolution - 89-1734 - Approving aoolication for Motor Vehicle Salvage Dealer License applied for by A -a Auto Parts, Inc. located at 106 E. Arlington. No one appeared in opposition:' Councilmember Dimond said he understands aooroval of this resolution is court ordered but he feels the Council's previous action' was based on sound judgement and he requested in the future when an action of the Council is to be court ordered a resoonse be received also from the City Attorney's Office on how to enact legislation to orevent actions like this. Councilmember Rettman said she agrees with comments of Councilmember Dimond and she said this is a hard vote for her because -it is court ordered. Councilmembers Dimond and Wilson moved aooroval of the resolution. Adopted - Yeas - 6 Nays - 0 i j - 552 - t 7 r f 1 � k a .fA Seotember 26, 1989 . �r ' j"FeS ADDITIONAL. ITEMS 2. Resolution - 89-1736 - Amending the 1989 budget by adding $12,000 to the Financing & Spending Plans for Finance & Management Services License and Permit f y u Administration. (Laid over from Seotember 21st) / >; Councilmember Long briefly reviewed the need for this budget amendment as it is " important to begin the study within the next few weeks. la Councilmember Scheibelaooke in su000rt of the resolution: - ' Councilmember Long moved approval of the resolution. Councilmember, Wilson spoke inrsu000rt of •the resolution and .stated the funds 4_ v will not be transferred to the general taxpayers. a s, - Roll call on the motion for.aoproval. Adopted Yeas -_5 Nays - 1 (Rettman) t x. t 1. Resolution - 89-1735 - Adooting guidelines for a.. new Commercial .Area Parking r� Program. (Laid over from September 21st) Councilmember Long noted the guidelines were approved unanimously by. the.HRA,and:. he moved approval of the resolution. Council member. Wi 1 son said we have been working on this item for a very long .time and it does Drovidera great Opportunity and he suggested also .looking at the residential areas for the future. Councilmember Scheibel said this is a good Program and is a good step in the right Adoirection. ptedYeas _.6 Nays - 0 Councilmember Long moved reconsideration of C.F. 8971694 from the Seotember 21, 1989 agenda which set a date of Dubh c hearing on theror000sed 1990 budget with layover to Thursday, Seotember 28th as there is further information to be ' Dresented by -Greg Blees. There was considerable discussion and roll call. was taken. for reconsideration. i$ Adopted Yeas - 6 Nays - 0 Laid over.to Thursday, September. 28th. Councilmember Wilson moved that the rules be suspended to consider an item not on the agenda+pertaining' to Tommy K's Tavern.on the, Hill located. at, 00 Selby._ Roll call on suspension of the rules. I Adooted Yeas - 6 Nays- 0 Resolution - 89-1754 - Approving the request of Thomas Kozlak dba Tommy K's Tavern on the Hill located at 400 Selby for. an: extension of servicearea to the Blair House/Hill Plaza Arcade on Seotember 30th between 8:00 P.M. and 12:30 A.M. in conjunction with, a.fundraiser.for the Muscular Dystrophy Association. . Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 +r ADJOURNE`�:55 A. M. i ATTEST: Conies sent to Councilmembers d Minutes approved by Council /O-=1� -� r9 City GlerK.. - ABO:Dmk r 553 - r �: r.i - 554 - J MINUTES OF THE COUNCIL = 9:00 A.M SEPTEMBER 28, 1989 COUNCIL CHAMBERS -CITY HALL &COURT HOUSE �+ SAINT.PAUL, MINNESOTA Y The meeting was called to order by President Scheibel at,9:05 A.M. .. ' Present - 6 - Councilmembers Dimond, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 1 - Councilmember Goswitz (arrived at a point during the meeting) g Police Chief McCutcheon aooeared and presented a trophy won by the City's Police K-9 and he introduced the Team and their dogs. K-9 Unit in the National .Trials Councilmember Scheibel congratulated the Chief and the Police force and said this program shows a real commitment to Professionalism in enforcement. d .T CONSENL:AGEKDA Councilmember Scheibel stated Item No. 3 will be referred to the Housing & i Development Committee and Item No. 4�will be referred to the Public -r Economic. Works Committee. Councilmembers Rettman and Long moved aooroval of the consent agenda as amended. 0 Adopted Yeas - 6 Nays - ; a 1. Claim of: Leah-Kemo,455 Dayton '#306, filed September 19, 1989, was read. j Referred to the City Attorney's Office. - Claim of Ann Marie Kraemer, 1827 Laurel, filed September 18, 1989, was read. .i°. Referred to theCityAttorney's Office. f y Claim of Ella Nagel 515 E. Idaho, filed September 19, 1989, was read. t ' Referred to the City Attorney's Office. Claim of Jeffrey Plude,651 Ashland, filed Seotember .l9, 1989, was read. Referred to the City Attorney's Office. Claim of Janet Sullivan (Kathy Tatone, attny.) filed September 15, 1989, was read.jl Referred to the City Attorney's:-0ffice. Claim of Mary-TroJan, 957 Pal ace, ,filed Seotember 15, 1989, was read. Y, Referred to the City Attorney's Office. - 2. Summons and complaint in the matter of Bernard Friel vs the City of St. Paul et al. Referred to the City Attorney's Office. 3. Appeal of David and Josephine Berg to a decision of the Heritage Preservation of a permit to demolish the structure Commission which denied the issuance 7th Street. (City Clerk recommends a public hearing date be located at 270 W. established for October 17th) Referred to the Housing & Economic Development Committee. 4. Letter of District Energy St. Paul, Inc. submitting their new hot water rates .,: effective October 1989. -' - -° Referred to the Public Warks Committee. s f 5. Administrative Orders D-10439 through 0-10447 were noted as on file in the City Clerk's office. r.i - 554 - September 28, 1989 l 6. Resolution - 89-1737 - Amending the 1989 budget by adding $15,000 to the Financiny & Soendingg Plans for PED Operations Artist Design Fellowship Program grant. `FOR ACTION) Adopted I Yeas - 6 Nays - 0 7. Resolution - 89-1738 - Authorizingg proper City officials to execute an agreement with the Boys and Girls Club of St. Paul concerning the lease and management of the Belvidere Recreation site located at 219 Belvidere. (FOR ACTION) Adopted Yeas - 6 Nays - 0 8. Resolution - 89-1739 - Appointing persons listed as Election Judges in precincts indicated for the General Election to be held November 7, 1989. (FOR ACTION) Adopted Yeas - 6 Nays'- 0 9. Resolution - 89-1740 - Initiating official, special hearings on the St. Paul Port Authority to gather information and solicit public opinions regarding items as listed, requesting testimony of persons listed to review their comments on said information, and that the City Council utilize its own staff and resources: (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 10. Resolution - 89-1741 - Urging Port Authority and Housing & Redevelopment Authority Commissioners to adopt the City's Early Notification System Policy and Procedures. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 11. Preliminary Order - 89-1742 - Improving parts of streets as listed with concrete curb and gutters, new bituminous surfaced roadway, concrete driveway aprons and outwalks; boulevard sodding and lantern style street lighting system in conjunction with the Woodbridge/Front Area Street Paving & Lighting project, and setting date of public hearing for November 21st. (FOR ACTION) Adopted Yeas - 6 Nays 0 12. Preliminary Order - 89-1743 - Constructing the Woodbridge/Front Area Storm Sewer project for the area bounded by Rice, Geranium, Dale and Sycamore, and setting date of Dubiic hearing for November 21st. (FOR ACTION) AdootedYeas - 6 Nays - 0' 13. Preliminary Order - 89-1744 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Woodbridge/Front Storm Sewer and Street Paving & Lighting project, and setting date of public hearing for November 21st. (FOR ACTION) Adopted : Yeas - 6 Nays - 0 COMITiEE REPORTS t 14. Resolution - 89-1306 - Amending Chapter A-1 Rule 17 of the Administrative Code in its entirety and substituting with new language allowing citizen appearances before the full Council. (Rules & Policy Committee recommends denial of amended resolution - Laid over from September 21st) Councilmember Wilson submitted and moved approval of a substitute resolution. Roll call. Adopted Yeas - 6 Nays - 0 15. Resolution - 89-1434 - Approving appointments by the Mayor of Bernard Brady, Mary Alton, Robert Murnane, Dr. Jan Meyer and William Ruoo, Jr. to serve as members of the Ethical Practices Board. (Rules & Policy Committee recommends approval) Councilmember Sonnen said most of the appointees were present at the Committee meeting and Or. Meyer and William Ruoo are present today. (Discussion continued on following page) - 555 - _'• i l; " ` Et,�te September 28, 1969 (discussion continued from previous page) geared and Upon request of Councilmember Dimond, Dr. Meyer and Mr. Ruop ap, explained how they see their roles to the Ethical Practices Board. Councilmember Dimond said he is very impressed with all of the candidates and their comments. Councilmember,Soghen moved approval of the resolution. Ro11 call. Yeas- 6 Nays_ 0 Adopted NEW BUSINESS - RESOLUTIONS 16. Resolution - 89-1745 - Certifying the maximum tax levy for 1990. (FOR ACTION) Councilmember Scheibel said this resolution sets the levy as proposed by the 7-7 Mayor toremainin compliance with State law. explained the options and Councilmember Long moved Greg,Blees ,aooeared and aooroval of ;Option A. R6 Yeas call Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 22. Resolution, -, 89-1748,;- Approving the renewal of various Class III Licenses :as listed. No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted ., Yeas -. 6 Nays - 0 23. Resolution - 59 -1749 -,Approving application for the 'renewal of On Sale Liquor, Sunday On,Sale,Liquor, Entertainment III and Restaurant Licenses held by Vogel's Parkside lounge located at 1,181'Clirence. , No one aooeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 24. Resolution - 89-1750 - Approving application for Off Sale 32 Malt Beverage, A-2 Pumas Licenses applied Grocery, Gas Station and 5 Additional plied for by Gateway Foods of Minneapolis, Inc., dba Brooks Suoerette @16 located at 1200 Rice. No one aooeared in opposition. Councilmember Rettman ngved approval of the resolution. Adopted Yeas - 6 Nays -, 0 25. Resolution - 89-1751 - Aooroving application for Off Sale 3.2 Malt Beverage, A-2 Grocery, and Cigarette Licenses applied for by Gateway Foods of Minneapolis, dba Hauser's IGA at 127 W. Maryland. ;. e- Inc., , .. No one aooeared in 0000sition. Councilmember Reitman moved approval of the resolution. Adopted Yeas .- 6 Nays - 0 26. Resolution - 89-1752 - Approving the request by Leo Gadbois dba Sweeney's located at 96N. Dale for a three day extension of service area to the rear parking lot on October 12, 13 and 14 in conjunction with the Oktober Zircus.., No one appeared in 0000sition. Councilmember Wilson moved aoorovalof the resolution. Adopted Yeas -,6 Nays - 0 27. Resolution - 89-1753 - Approving application for Physical Cultural Health Service Club License aoolied for by Sister Rosalind Gefre dba Sister Rmlind's located at 19,99, Ford Parkway. Professional Massage Center _ z Ione aooeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 - 556 - ,1 r September 28, 1989 28. Resolution - 89-1235 - Approving aoolication for Massage Theraoist License applied, for by Pamela Moench dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. '(Laid over from July 11th) No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 6 Nays - 0 29. Resolution- 89-1236 Aporoving application for Massage Therapist License applied for by Randy, Wolff dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. (Laid over from July 11th) - No one appeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 30. Resolution - 89-1233 - Approving application for Massage Theraoist License applied for, by. Ann Altman dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. (Laid over from July 11th) No one appeared in.opposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6,, Nays - 0 18. Hearingto consider the petition of Dennis Trooien for aooroval of final plat of River Park Plaza Addition located north of Fillmore between State and Robert Streets. (Laid over from September 14th) No one appeared in opposition. Chuck McGuire of PED aooeared and said the Final Plat is in comoliance and staff recommends it be aooroved. Councilmember Dimond moved aooroval of the Final Plat. Adopted Yeas -, 6 Nays 0 20. Resolution 89-1746 - Ratifying assessment for storm sewer service stub connections in conjunction with the Payne/Arcade East Sewer project and. the Flandrau/Idaho Area Storm Sewer projects. (Public Works Committee recommends approval ) No one aooeared in opposition. Councilmember Long moved aooroval of the resolution. Adopted Yeas,- 6 Nays -.0 31. Final Adootion 89-1573 - An 'ordinance amending the Administrative Code by adding:a new chapter establishing a Parks & Recreation Commission for. the. City and providing for its powers and staffing.., (FOR ACTION - Continued from September -21st) Councilmember Rettman moved approval of amendments as recommended by the Planning Commission and she said she is convinced this is the best approach. Councilmember Scheibel spoke in support of aoorovingg the amendments today and said the document will be in front of us next, week for more discussion.and possible amendments. Councilmember Sonnen referred to proposed changes of the .Parks Department as Well and Councilmember Rettman said she is not recommending those changes with her motion as they are in conflict. Roll call on the, motion,to approve amendments proposed by the Planning Commission. Adooted Yeas - 6 Nays - 0 Laid over to October 5th with the Public Hearing to be continued. Councilmember Sonnen moved approval of amendments recommended by the Parks and Recreation Division. There was considerable discussion and Councilmember Dimond suggested a document be drafted showing ooints of conflicts. Councilmember Sonnen spoke in support of that recommendation and she withdrew her motion. - 557 - ai~ t s 4 r.. ___.. September 28, 1989 28. Resolution - 89-1235 - Approving aoolication for Massage Theraoist License applied, for by Pamela Moench dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. '(Laid over from July 11th) No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 6 Nays - 0 29. Resolution- 89-1236 Aporoving application for Massage Therapist License applied for by Randy, Wolff dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. (Laid over from July 11th) - No one appeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 30. Resolution - 89-1233 - Approving application for Massage Theraoist License applied for, by. Ann Altman dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. (Laid over from July 11th) No one appeared in.opposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6,, Nays - 0 18. Hearingto consider the petition of Dennis Trooien for aooroval of final plat of River Park Plaza Addition located north of Fillmore between State and Robert Streets. (Laid over from September 14th) No one appeared in opposition. Chuck McGuire of PED aooeared and said the Final Plat is in comoliance and staff recommends it be aooroved. Councilmember Dimond moved aooroval of the Final Plat. Adopted Yeas -, 6 Nays 0 20. Resolution 89-1746 - Ratifying assessment for storm sewer service stub connections in conjunction with the Payne/Arcade East Sewer project and. the Flandrau/Idaho Area Storm Sewer projects. (Public Works Committee recommends approval ) No one aooeared in opposition. Councilmember Long moved aooroval of the resolution. Adopted Yeas,- 6 Nays -.0 31. Final Adootion 89-1573 - An 'ordinance amending the Administrative Code by adding:a new chapter establishing a Parks & Recreation Commission for. the. City and providing for its powers and staffing.., (FOR ACTION - Continued from September -21st) Councilmember Rettman moved approval of amendments as recommended by the Planning Commission and she said she is convinced this is the best approach. Councilmember Scheibel spoke in support of aoorovingg the amendments today and said the document will be in front of us next, week for more discussion.and possible amendments. Councilmember Sonnen referred to proposed changes of the .Parks Department as Well and Councilmember Rettman said she is not recommending those changes with her motion as they are in conflict. Roll call on the, motion,to approve amendments proposed by the Planning Commission. Adooted Yeas - 6 Nays - 0 Laid over to October 5th with the Public Hearing to be continued. Councilmember Sonnen moved approval of amendments recommended by the Parks and Recreation Division. There was considerable discussion and Councilmember Dimond suggested a document be drafted showing ooints of conflicts. Councilmember Sonnen spoke in support of that recommendation and she withdrew her motion. - 557 - September 28, 1989 32. Third Reading - 89-1679 - An ordinance amending Chapter 89.03 of the Legislative Code Pertaining to Water Code Fire SuPPlies. (Board of Water Commissioners recommends approval - FOR ACTION) No one aooeared in opposition. er Laid ovto October 5th for Final Adoption. 33. Third Reading - 89-1680 - An ordinance granting permission to Ron Saxon Ford, Inc. to construct, operate and maintain a Private energy management systems cable under and across Marion Street near University. (FOR ACTION) No one aooeared in 0000sition. Laid over to October 5th for Final Adoption. 17. Hearing to consider the petition of Victor Rosenblum to rezone Drooerty located located at 271 N. Snelling to permit light manufacturing involving electroplating. Councilmember Sonnen distributed copies of an article Printed in the Highlander Village Newspaper on this business. Chuck McGuire of PED aooeared and Presented his staff report and staff and Planning Commission recommendations. Upon question of Councilmember Rettman pertaining to environmental issues of Merriam Park residents, Mr. McGuire said staff looked at land use regulations. Councilmember Scheibel stated information on the past history of this business would-be helpful. Councilmember Sonnen stated she has a synopsis of toxic waste events on this establishment and will get copies to Councilmembers. Councilmember Goswitz arrived at this Point in the meeting. Upon question of Councilmembers Lony and Wilson, Chuck McGuire said costs for the order by the PCA for the sewer line are paid by the organization and not the City and that the Planning Commission was aware of the violations but were not considered with the rezoningg request. Upon question of Councilmember Wilson; Jane Mc Peak stated on rezoning requests the Council is not required to find error with the Planning Commission decision and Council may consider new evidence deemed to be relevant. William Rosen, attorney representing Victor Roseblum, appeared and gave considerable testimony on the history and events of this establishment and he said there is no question this request for rezoning should be approved from the land use point of view and he stated the Planning Commission and the Zoning Committee did consider environmental issues. He referred to and explained new monitoring systems out in by Mr. Rosenblum and he distributed a letter of the Metrooolitan Waste Control Commission supporting their environmental awareness. He said they are in full compliance, this is a justifiable and proper rezoning request and he urged Council to grant the rezoning. Upon question of Councilmember Sonnen, Mr. Rosen said the Planning Commission did review the environmental issues as it was discussed in the Zoning Committee. Upon question of Councilmember Goswitz, Mr. Rosen said the new equipment alleviates all oast violations to be repeated and that a neighborhood evacuation plan has been established at their urging. - Upon question of Councilmember Long, Mr. Rosen explained the corrective controls were out in over a period of time with the final device installed in July and he referred to possible future land use expansion. Duffy Pearce of the Merriam Park Community Council aooeared and spoke in strong 0000sition to this rezoning and she presented considerable background information an environmental issues. Dennis Grogan, 1946 Dayton, aooeared and sooke in 0000sition to the rezoning and he distributed Photographs of the area and urged Council to deny the request. Gene Thill appeared and said he lives across the street from this business and he spoke in 0000sition to the exoansion. (Discussion continued on following page) - 558 - Adopted Yeas - 7 Nays - 0 Councilmember Sonnen said she believes there are pollution and economic problems with the land use and she feels it is an encroachment and soot zoning and she recommended turning down the request for rezoning and monitor the business over a Deriod of time to see if they maintain their environmental record. She said we have a responsibility to the future environment and these types of businesses should be located in industrial areas with buffers from residential and retail areas. She said this is a mixed use neighborhood which is primarily residential and°she isnot convinced this property should be 'rezoned and she moved denial of the request to -rezone. Councilmember Dimond said he is not clear how the expansion of this business could be done in an environmentally sound manner and he requested further information on the zoning and the business plans for the future and he said he would like to oursue with the firm as to their actual needs for the future. He said he doesn't have enough information to vote today and he moved a layover to work further with staff and the appellant. Councilmember Rettman said she feels a layover is good as she would like the opportunity to look at other options for the future. Councilmember Long spoke in Support of a layover and said he would like information from the PCA on air quality issues. Councilmember Scheibel said he sees the issues as what will be the real use of the land and he said relocation is something to be explored and he requested further information on the street vacation issue. Councilmember Long left the meeting at this point. Councilmember Wilson said he also would like further information and he spoke in support of a layover. Councilmember Dimond moved this item be laid over for three weeks to October 19th. Adopted Yeas - 6 Nays, - 0 Councilmember Sonnen left the meeting at this ooint and returned later. Councilmember Dimond moved that the rules be susoended to consider an item not on the agenda setting a date. of public heardng for the Seventh Place Redevelooment Plana Roll call on suspension of the rules. Adopted Yeas - 5 Nays - 0 Resolution - 89-1775 - Setting a date of 'public hearing on the Seventh Place Redevelopment Plan for November 9, 1989. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Sonnen returned to the meeting at this point. - 559 - 9- 4 ' September 28, 1989 (� (Discussion continued from previous page) s Alan Gormack appeared and said he is an employee of this establishment and he h spoke in favor of the rezoning and he answered questions of Councilmembers. a. Bob DeRoy appeared representing the Machinist Union and urged Council to support i{ the rezoning. Steve Dress of the St. Paul Trades and Labor Union appeared and urged Council to # approve the rezoning. ;y No one else appeared. Councilmember �onnen moved that the Public hearing be closed. Roll call. Adopted Yeas - 7 Nays - 0 Councilmember Sonnen said she believes there are pollution and economic problems with the land use and she feels it is an encroachment and soot zoning and she recommended turning down the request for rezoning and monitor the business over a Deriod of time to see if they maintain their environmental record. She said we have a responsibility to the future environment and these types of businesses should be located in industrial areas with buffers from residential and retail areas. She said this is a mixed use neighborhood which is primarily residential and°she isnot convinced this property should be 'rezoned and she moved denial of the request to -rezone. Councilmember Dimond said he is not clear how the expansion of this business could be done in an environmentally sound manner and he requested further information on the zoning and the business plans for the future and he said he would like to oursue with the firm as to their actual needs for the future. He said he doesn't have enough information to vote today and he moved a layover to work further with staff and the appellant. Councilmember Rettman said she feels a layover is good as she would like the opportunity to look at other options for the future. Councilmember Long spoke in Support of a layover and said he would like information from the PCA on air quality issues. Councilmember Scheibel said he sees the issues as what will be the real use of the land and he said relocation is something to be explored and he requested further information on the street vacation issue. Councilmember Long left the meeting at this point. Councilmember Wilson said he also would like further information and he spoke in support of a layover. Councilmember Dimond moved this item be laid over for three weeks to October 19th. Adopted Yeas - 6 Nays, - 0 Councilmember Sonnen left the meeting at this ooint and returned later. Councilmember Dimond moved that the rules be susoended to consider an item not on the agenda setting a date. of public heardng for the Seventh Place Redevelooment Plana Roll call on suspension of the rules. Adopted Yeas - 5 Nays - 0 Resolution - 89-1775 - Setting a date of 'public hearing on the Seventh Place Redevelopment Plan for November 9, 1989. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Sonnen returned to the meeting at this point. - 559 - 9- i September 28, 1989 Councilmember Scheibel said he has been contacted by Mayor Latimer of resolutions prepared which will authorize a crew of City employees to go to Charleston, South Carolina to assist with clean uo work as a result of Hurricane Hugo. Mayor Latimer appeared and said a crew of seven employees who are experienced tree trimmers are oreoared to go to Charleston for a period, of two weeks and, he stated the St. Paul Comoanies have committed $25,000 to bear costs involved. He stated one resolution is accepting the funds from the St. Paul Companies and the other resolution is extending St. Paul's appreciation to them for their donation. Councilmember Dimond moved suspension of rules and aooroval of both resolutions and he referred to the fine reoutation of the St. Paul Companies. Councilmember Sonnen said sending our workers at this time is critical and she referred to the need in our,own community for resources to trim trees. Councilmembers Goswitz, Wilson and Rettman spoke in support of the resolutions. Roll call on aooroval of the ,two resolutions. Adopted Yeas - 6 Nays - 0 Resolution - 89-1776 - Amending the 1989 budget by adding $25,000 to the Financing and Spendingg Plans for Community Services Tree Trimm ng. (See discussion above) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 ; Resolution - 89-1777 Thanking and declaring gratitude to The St. Paul Comoanies for their contribution of $25,000 to .send orofessional foresters to Charleston, South Carolina. (See discussion above) Councilmember Dimond moved aooroval of the resolution. Adooted Yeas -, 6 Nays - 0 Councilmembers Dimond and Sonnen left the meeting at this point. 19. Hearing to consider the aPDeal of Larry Francisco to a Summary Abatement Order for property located at 479 Edmund. John Betz aooeared and presented his staff report and said their recommendation is for denial of the appeal. It was noted the appellant was not present in the Council Chambers. Councilmember Wilson moved that the appeal be denied with the work to be complete within one week after publication. Roll call. Adopted Yeas - 4 Nays - 0 21. Resolution - 89-1747 - Ratifying assessment for summary abatements property clean up through the month of July 1989. John Betz presented his staff reoort on property located at 393, Herschel. Rose Marie Gunness, owner of property at 393 Herschel, aooeared and explained her situation and stated she inherited this property and her daughter lives there. Councilmember Rettman stated orooer notice was sent and the work was done by City staff_and she moved approval of the assessment. Roll call. Adopted Yeas - 4 Nays - 0 John Betz presented his staff reoort on orooerty located at 376 York. Evelyn Wittinger appeared and said she awns orooerty at 376 York and said she doesn't know where all of the debris came from and she couldn't remove all of it because it was frozen in the ground. (Discussion continued on following gage) - 560 - "3 M ADJOURNED AT 12:00 A.M- �ouncl r -S' /A/TMJ/12:00 sent to Councilmember---(/"-',:- Minutes approved by Council - 561 - September 28, 1989 Discussion continued from previous page) moved approval of the assessment. councilmember Rettnan 'A Mer some discussion - 0 Roll call. Yeas - 4 Nays Adopted le are oresent in the, Council Chambers op t noted several oeop 'assessmlnt* He stated he has to leave and un -ember Scheibel C. c il to speak on this resolution ratifying I will be laid over for one th iteff No. 34 will be Item a quorum I because there Will no longer AM He al stated i so -1694) to October 5th to be heard at 10. e dd tiona 1 (Item C.F. 89 t to week October 3rd and will be laid over be discussed on Tuesday. budgets Dublic hearing for the 90 which sets a date of Thursday, October 5th- 141SCWAEOUS Taxation Public hearing notice for 1990 budget. eview of options r 34. RTuesdayfor Tuth in October 3rd. Laid over tb . ADDITIONK ITEM i on the oroposed 1990 City - Setting date of oublic hearing in the City Council )n - 89-1964 Resolution �9 at 7:06 P.M. to 26th) budgets for October 19, 19Eover from September ACTION - Laid Chambers (FOR Laid over to October 5, 1989* the meeting be � kd,"Journed. Councilmember Rettman moved that N - 0 4 Na Yeas - Adopted M ADJOURNED AT 12:00 A.M- �ouncl r -S' /A/TMJ/12:00 sent to Councilmember---(/"-',:- Minutes approved by Council - 561 - MINUTES OF THE COUNCIL 9:00 A.M OCTOBER 3, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 - CONSENT AGENDA Upon request of Councilmember Wilson, Item No. 6 was oulled from the Consent Agenda for discussion; and Councilmember Scheibel pulled Item No. 9 to act on rather than 'be referred to Committee. Councilmember Dimond moved approval of the Consent Agenda as amended above. Adopted Yeas - 7 Nays - 0 1. Approval of minutes for City Council meetings of September 5, 7, 12 and 14, 1989. Adopted . Yeas - 7 Nays - 0 2. Claim of Cathy Dallenbach, 975 Flandrau, filed September 20, 1989,,was read, Referred to the City Attorney's Office. Claim of Linda Nesset, 1460 Grand, filed September 21, 1989, was read. Referred to the City Attorney's Office. Claim of Charles.Ponath, 11495 Grenelefe Ave. N., filed Seotember 20, 1989, was read:.. Referred to the City Attorney's Office. 3. Appeal of William Berry, to a Summary Abatement Order for Property located at 1095 W. 7th Street. (City Clerk recommends a date of public hearing be established for October 17th) Laid,over to October 17th for Public Hearing. 4. Administrative Orders D-10448 through D-10465 were noted as on file in the City Clerk's Office. 5. Resolution 89-1755 - Creating the Commercial Vehicle Parking Task Force with report of findings and recommendations to the Mayor and City Council by March 1, 1990 with Public Works to staff the study. (FOR ACTION) Adopted Yeas - 7 Nays - 0 7. Resolution -.89-1757 - Directing the Public Health Division to file with „the City Clerk's Office a list of, structures determined to be nuisance at'234 Arlington, 690 Burr,719 Kent, 1014 Kent,, 937 Marshall, 270 W. 7th, 590 Sherburne and 353 Stryker. (FOR ACTION) Adopted Yeas - 7 Nays - 0 8. Resolution - 89-1758 - Adopting the Selby Avenue Plan Amendments to the Plan for Land Use as cart of the St. Paul Comprehensive Plan. (FOR REFERRAL TO THE HOUSING& ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 562 - Y i Y1 of F 71,.. ",., ... ori . .v... .t..,..vi MINUTES OF THE COUNCIL 9:00 A.M OCTOBER 3, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 - CONSENT AGENDA Upon request of Councilmember Wilson, Item No. 6 was oulled from the Consent Agenda for discussion; and Councilmember Scheibel pulled Item No. 9 to act on rather than 'be referred to Committee. Councilmember Dimond moved approval of the Consent Agenda as amended above. Adopted Yeas - 7 Nays - 0 1. Approval of minutes for City Council meetings of September 5, 7, 12 and 14, 1989. Adopted . Yeas - 7 Nays - 0 2. Claim of Cathy Dallenbach, 975 Flandrau, filed September 20, 1989,,was read, Referred to the City Attorney's Office. Claim of Linda Nesset, 1460 Grand, filed September 21, 1989, was read. Referred to the City Attorney's Office. Claim of Charles.Ponath, 11495 Grenelefe Ave. N., filed Seotember 20, 1989, was read:.. Referred to the City Attorney's Office. 3. Appeal of William Berry, to a Summary Abatement Order for Property located at 1095 W. 7th Street. (City Clerk recommends a date of public hearing be established for October 17th) Laid,over to October 17th for Public Hearing. 4. Administrative Orders D-10448 through D-10465 were noted as on file in the City Clerk's Office. 5. Resolution 89-1755 - Creating the Commercial Vehicle Parking Task Force with report of findings and recommendations to the Mayor and City Council by March 1, 1990 with Public Works to staff the study. (FOR ACTION) Adopted Yeas - 7 Nays - 0 7. Resolution -.89-1757 - Directing the Public Health Division to file with „the City Clerk's Office a list of, structures determined to be nuisance at'234 Arlington, 690 Burr,719 Kent, 1014 Kent,, 937 Marshall, 270 W. 7th, 590 Sherburne and 353 Stryker. (FOR ACTION) Adopted Yeas - 7 Nays - 0 8. Resolution - 89-1758 - Adopting the Selby Avenue Plan Amendments to the Plan for Land Use as cart of the St. Paul Comprehensive Plan. (FOR REFERRAL TO THE HOUSING& ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 562 - October 3, 1989 9. Resolution - 89-1759 - Authorizing filing application for a Federal Environmental Protection Agency Step 3 Construction Grant for partial payment of costs for construction of St. Paul's 1990 Combined Sewer Overflow Abatement project and authorizing Ray Bredahl and/or Roger Puchreiter to act as representatives to sign documents. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Adopted Yeas - 7 Nays - 0 6. Resolution - 89-1756 — Establishing a Drug Free Zone for the area bounded by Lexington Parkway, Concordia, Grotto and Laurel and calling for unification in a common bond to eradicate drug trafficking and return control, safety and peace to the neighborhoods. (FOR ACTION) Councilmemher Wilson said he has been working with many agencies in St. Paul for a drug free City and he said he would like this issue to be referred to the District 8 Planning Council for their report and recommendation on the impact of a drug free zone for that area and to act on this resolution at that time. Laid over for referral to the District 8 Planning Council for their review. ORDINANCES 10. Final Adootion - 89-1505 - An ordinance amending Chapter 33 of the Legislative Code pertaining to building permit Posting. (Housing & Economic Develooment Committee recommends approval) Councilmember Goswitz moved approval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17681 11. Final Adootion -'89-1266 - An ordinance amending Chapter 370 of the Legislative Code pertaining to the appointment of members to the Board of Examiners for Certificate of Competency holders. (Finance Committee recommends approval) Councilmember Long moved approval of the ordinance as amended. Adopted Yeas - 7 Nays - 0 Ord. #17682 12. First Reading - 89-1760 - An ordinance amending Chapter 60 of the Legislative Code by approving the request of Pier 1 Imports to rezone property located at 727-733 Grand from 82-C and B-3 to B-2 for expansion and off-street parking. (FOR ACTION - Hearing held June 15th) Laid over to October 10th for Second Reading. 13. First Reading -89-1761 - An ordinance amending Chapter 60 of the Legislative Code by approving the request of Oneida Education Center and Oneida Community College to rezone property at 357 Oneida from RM -2 to OS -1 to permit use of existing structure as an office building. (FOR ACTION - Hearing held July.13th) Laid over to October 10th for Second Reading. 14. First Reading - 89-1762- An ordinance amending Sections 409.06(j) and 410.03(d) by deleting the requirement for surety bonds as a condition of intoxicating liquor licenses. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES CoMMITTEE) Referred to the Community & Human Services Committee. 15. First Reading - 89-1763 - An ordinance amending Chapter 345 and. repealing Chanters 346 and 373 of the Legislative Code pertaining to the licensing of peddlers, solicitors and transient merchants. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 16. First Reading - 89-1764 - An ordinance amending Section 409.08 of the Legislative Code and prohibiting discrimination in establishments issued on -sale intoxicating and non -intoxicating liquor licenses as clubs. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. - 563 - YG October 3, 1989 _- $li i PUBLIC HEARINGS r, 17. Resolution - 89-1765 - Aooroving the petition of Monica Polski and Gloria Gates to vacate a oortion of Maryland and Earl for the area bounded by Cypress, bK Hawthorne, Earl and Maryland to cure a building encroachment. (Public Works Committee recommends approval) It was noted the attorney representing the oetitioners was present in the rx s Council Chambers. No one aooeared in 0000sition. Councilmember Goswiti moved approval of the resolution. Adopted Yeas - 7 Nays -.0 18. Hearing to consider the appeal of Frank Weber to a Vehicle Abatement Order for orooerty located at 1720 W. Minnehaha. 5•: John Betz appeared and oresented his staff report stating their office received >y a complaint and he said the vehicles are still on the orooerty. Frank Weber.aopeared and explained his car was stolen and during that time was involved in an accident which is still under investigation. He stated he has not had the car removed because he has been unsure whether the Police need it for their, investigation and as soon as he is notified he will have it towed from ' his property and he requested to keep the camper. Councilmember. Sonnen said. she. is aware of this order and the pending investigation and. she said if,Mr., Weber keeps the camper it_needs to be properly licensed. Councilmember Dimond said he would like more information on this case from the Police Deoartment and he suggested a one week layover. Upon question of Councilmember Long, Mr. Weber stated the car is of no use to him and he will towit away if it is not. needed by the Police and he will. store the ;camper. Upon question, of Councilmember Long, Mr. Betz stated he has no knowledge if.the v camper is operable or not but it is unlicensed. Councilmember Sonnen moved that the appeal be denied and that the car be removed within one week and the camper be properly licensed within one week. Roll,call on the motion. Adopted Yeas - 7 Nays - 0 19. Final Order - 89-1766 - Sidewalk reconstruction on the north side of Ford Parkway from S. Finn to S. Cleveland and the west side of S. Finn from Ford Parkway to Pinehurst. (Public. Works Committee recommends approval) No one aooeared in 0000sition. Councilmeinbers Long and Goswitz moved approval of the order. Adopted, Yeas - J Nays - 0 20. Resolution - 89-1767 - Ratifying assessment for sidewalk reconstruction with integral curb and areaway elimination on the east side of Wabasha from E. 4th to 65 ft. south :of E. 4th and the south side of E. 4th from Wabasha to Cedar. No one aooeared in opposition. Councilmember Goswiti moved approval of the order. Adopted Yeas - 7 Nays - 0 5}` 21. Resolution - 89-1768 - Ratifying assessment by condemning and taking permanent r utility easements and temporary construction easements in conjunction with the Sylvan/Acker Area Storm Sewer Separation project.. (Public Works Committee recommends aooroval) i Councilmember Rettman referred to a letter of Mr. Faricy and she requested a P four week layover to October 31st and stated Peter White is in favor of a layover. Laid over four weeks to October 31'st. C 564 -- i _J October 3, 1989 ' C 22. Resolution - 89-1769 - Ratifying assessment for sidewalk reconstruction for Darts of Burnquist, E. Cottage, E. Hawthorne and E. Jessamine. Thomas Meyer, 1926 E. Hawthorne, appeared and requested his sidewalk not be lir 4 included in this order as it is a new sidewalk. Tom Keefe of the Public Works Department appeared and explained this is the ht` charge for the new sidewalk already out in. ! o r < No one else appeared. .; `• Councilmember Goswitz moved aooroval of the resolution. } .' Adopted Yeas - 7 Nays - 0 23. Resolution - 89-1770 - Ratifying assessment in conjunction with the xP ' Albemarle/Nebraska Area Street Paving & Lighting project. (Public Works Committee recommends approval) Kevin Buron, 1496 Farrington, appeared and expressed concern of construction in a wildlife purification pond area, of strong sewer odors in and around his home, 1 K; and that his boulevard has not yet been resodded as promised. Peter White stated that boulevards will be resodded either yet this Fall or this coming Spring, that he also noticed the smell and that he has no knowledge of the ponding area. Chris Nicosia appeared and said he will send an engineer out for an on-site inspection to look into the concerns mentioned above. Councilmember Rettman stated the District 6 Planning Council had several meetings with the developer and the ponding area will be reconstructed. Councilmember Sonnen stated this brings up the question of the City's wetlands again and Councilmember Goswitz stated he will have that issue on his Committee 1 aq agenda in the near future., Janet White, 165 W. Arlington, appeared and spoke in opposition to her high v assessment costs and said she believes she is being charged twice. f , Peter White explained this property is located on a corner and needs more lighting.and he explained there are two charges and it not doubled and he ' stated assessments can be paid off over a period of time. Councilmember Rettman stated she will be present at the on-site visits which will take place within one week. Mr. Becker, 164 W. Arlington, appeared and said his alley was torn up to out in the street sewer and that he has had to replace his exhaust system on his car twice because of the Door condition of the alley. Councilmember Rettman Said this address will be included with the other on-site visits. A man appeared regarding property at 193 W. Arlington and spoke in opposition to _ the assessment. Peter White stated he has met with this gentleman before and explained he owns a very large piece of property and he said there are two assessments for it. Councilmember Rettman said this property will also be included in the on-site s visits. A man appeared regarding property at 53 W. Iowa and said he purchased his home in November of 1988 and was unaware of this assessment and he said Dart of his sidewalk and handicap ramp for his son were destroyed and that he replaced the sidewalk himself. There was some discussion and Councilmember Rettman said this address will also {� be included with the on-site visits. No one else appeared. After some discussion there was agreement that this and the following related k item be laid over one week to October 10th. Laid over one week to October 10th. 24. Resolution - 89-1771 - Ratifying assessment in conjunction with the Albemarle/Nebraska Area Storm Sewer project. (Public Works Committee recommends j approval ) (See discussion above) Laid over one week to October 10th. 565 - n October 3, 1989 = Chris Nicosia announced the Public Works Open House at the Dale Street Garage x 3?� will be held tonight from 4:00 to 7:00 and he encouraged everyone to attend stating it is very informative. .. f ; 25. Resolution - 89-1772 -Approving application for General Repair Garage and Motorcycle Dealer's. License applied for by Steven Bierwerth dba S & I Used Auto ym Sawle located at 926 Payne. p£ ?� No one appeared in 0000sition. may, Councilmembers Wilson and Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 •1 26. Resolution - 89-1773 - Approving application for the renewal of various On Sale Liquor Supporting Class t and I Licenses as listed. No one appeared in opposition: Councilmember Sonnen moved approval of the resolution. t - s Adopted Yeas -,7Nays - 0 27. Resolution - 89-1774 - Approving application for Scrap Metal Processor License applied. for by. Kalman Abrams Metals„ Inc.. located,at 1025:% Lexington. Codncilmember Rettman said the appropriate Districts were notified of this item but did take (,. not any official stand and she gave some background information on the operation of this business.. .. Representatives of the establishment apoeared,and explained their business further and said they will employ 25 people. No one appeared in opposition. Councilmember Rettman moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 f Councilmember Scheibel, referred to a resolution not on the agenda proclaiming October 14th as Kidsday and Councilmember Long moved that the rules be suspended to consider that resolution. ;'. Roll call on suspension of the rules. AdoptedYeas,- 7 Nays - 0 Resolution - 89-1806 - Proclaiming Saturday, October 14th as KIDSDAY '89. Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Goswitz moved that the rules be susoended to consider an item not on the agenda pertaining to organized trash removal to be referred to Committee. Roll call on suspension of the rules. Adopted Yeas - 6 Nays - 1 (Sonnen) Resolution - 89-1807 - Announcing intent to organize refuse collection of single-family to four-plex dwellings for integrated solid waste management system. Referred to the Public Works Committee. s Councilmember Wilson moved that the rules be suspended to consider an item not on the agenda pertaining to the General College. Roll call on suspension of the rules. r{ �� Adopted Yeas - 7 Nays - 0 �* RC Resolution - 89-1808 - DeclaringFriday, October 6th as General College Day. Roll call on the resolution, y' 9 y ? xr * Adopted Yeas - 7 Nays - 0 - 566 - r �2 � y } i t r �2 � y } i .MR 1� _J October 3, 1989 Councilmember Long moved reconsideration of C.F. 89-1745 adopted by Council on i September 28th. Roll call on reconsideration. Adopted Yeas - 7 Nays - 0 Resolution - 89-1745 - Certifying the maximum tax levy for 1990. Councilmember Long denial the resolution. S After some discussion moved of ;an,e Adooted Yeas - 7 Nays - 0-- The resolution was denied. j Councilmember Long moved suspension of the rules to consider introduction of an # ordinance amending 9 the bud eLcalendar. Adopted Yeas m3 Nays - 0 { t', Administrative First Reading - 89-1809 - An ordinance amending Chapter 56 of the Code pertaining to the City's -budget calendar. Laid over to October 10th for Second Reading. Councilmember Rettman announced there -will be a ballet tribute to the Mayor l r today at'Memorial; Hall and encouraged oeoole to attend. } '+ Councilmember Dimond moved that the meeting be adjourned. y Adopted Yeas— 7 - Nays - 0 - ADJOURNED AT 10:05 A. M. V Council resident-- ATTEST: Copies sent to Councilmembers Minutes approved by Council L;Ityr . ABO:PMK ,f - -'i - 567 - MINUTES OF THE COUNCIL 9:00 A.M OCTOBER 5, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson f , Absent- 0-- .. t MISCMIMEOUS 41. Recognition,of Youth Volunteers ;for the month of October. n Councilmembers,Scheibel and Rettman recognized and presented to youths s'- Certificates of Recognition for volunteering at recreation centers for the month of October. 40. Recognition:of Food and Nutrition Coanission Honor Roll designees. Councilmember Wilson moved that the rules be suspended to consider a resolution pertaining to this item. Roll call. Adopted Yeas - 7 Nays - 0 ftsk Resolution - 89-1849 - Designating, oersons as listed as charters: designees to , the Food and NutritionCommission Honor Roll. Councilmembers Dimond and Reitman moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Scheibel stated St. Paul is one of the few city's in the country, to,have ;a Food Nutrition Program and he introduced Jim Blaha, Commission Chair, who appeared and referred to q their;, policy, and.nals and individually recognized, Commission members oresent and presented certificates to Honor Roll designees. Councilmember Sonnen left the meeting at this point and returned later. - 42. Request for appearance by retired 'Firefighters to urge early consideration of the pension consolidation issue. At a point in the meeting it was noted this item has been withdrawn at the ;+ request of persons initiating the,appearance. Filed:; (CC #13198) CONSENT AGENDA 3 Councilmember Rettman requested, certain Administrative Orders be referred to Committee and with that amendment she moved aooroval of the Consent Agenda. Adopted Yeas - 6 Nays - 0 1. Claim of Terrence Campbell, 624 E. Nebraska, filed September 22, 1989, was read. Referred to the City. Attorney's Office. Claim of Richard Easton, 6880 Carmen Ave. E.,, Inver Grove Heights, MN 55076, filed September 25, 1989, was read Referred to the City Attorney's Office. 5� ;} t � y 568 - ` l YOS? October 5, 1989 v ixi Claim of Vernon Evers, 15105 Gershwin Ave. N., filed Seotember 22, 1989, was r read. Referred to the City Attorney's Office. Claim of Stephanie Geisler, 182 E. 9th, filed September 25, 1989, was read. jo �yFr Referred to the City Attorney's Office. 't 2. Letter of the City Attorney's Office announcing a date of hearing for October t 24th before an Administrative Law Judge pertaining to possible adverse action against licenses held by T R Enterprises dba Ryan's. f Filed (CC #13197) x, 3. Letter of the Real Estate Division recommending a date of oublic hearing be established for November 9th to consider the petition of the City of St. Paul to 3 C ;,= vacate a 10 ft. strip of Stroh Drive between keaney and Ruth. P Laid over to November 9th for Public Hearing. g # 4. Letter of the Real Estate Division recommending a date of public hearing be established for November 9th to' consider the petition of Kowalski's Red Owl Store to vacate oart of the alley inB1k. 1,-Stinson's Blvd.'Addn. for the area a bounded by Grand, Summit, Syndicate and the Short Line. Laid to November 9th for Public over Hearing. S. Administrative Orders D-10466 through 0-10482 were noted as on file in the City Clerk's Officer <-- �' Uoon request of Councilmember Rettman, Administrative Orders D-10466, D-10469, and D-10478 were referred to the Finance Committee for reviews. ` 6. Resolution - 89-1778 - Amending the 1989 budget by adding $100,000 to the Financing & Spending Plans in Fire Administration to lease two medic units. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. l . 7. Resolution -'89-1779 — Authorizing proper City officials to execute an agreement with the State Deoartment of Education for continuation of the lending library relationship with the City's Division of Libraries. (FOR ACTION) 1 Adooted Yeas --6 Nays - 0 8. Resolution - 89-1780 - Retaining the law firm, of Jardine, Logan & O'Brien to reoresent and defend the City in tort liability cases at rates not to exceed $98.00 per hour. -(FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. - - - 9. Resolution - 89-1781 - Releasing retained utility easements in vacated Pillsbury Street for the area bounded by University, Myrtle, Hampden and Vandalia as ='r ' vacated by C.F. 258871 January 1, 1972. (FOR ACTION) Adooted Yeas - 6 Nays - 0 ky a Councilmember Sonnen returned to the meeting at this point. ORDINANCES �t'a rs+r� h' t 10. Final Adoption - 89-1679 - An ordinance amending Chapter 89.03 of the Legislative Code pertaining to Water Code Fire Supplies. (Board of Water Commissioners recommends approval - FOR ACTION) Councilmember Goswitz moved anoroval of the ordinance. ` r ; Adooted Yeas - 7 Nays - 0 Ord. #17683 14 569 - October 5, 1989 11. Final Adoption - 89-1680 - An ordinance granting permission to Ron Saxon Ford, Inc. to construct, operate and''maintain-a private energy management systems cable under and across Marion Street near University. (FOR ACTION) Councilmember Wilson moved approval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. 517684 12. First Reading - 89-1782 - An ordinance amending Section 331.02 of the Legislative Code to include certain food service in licensed day care centers. (FOR REFERRAL TO THE COMMUNITY &HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 13. First Reading - 89-1783 - An ordinance amending Section 157.15(1) of the Legislative Code pertaining to miscellaneous parking restrictions and allowing curb ,lumping" during the State Fair. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. Councilmember Rettman stated she attended a District 10 meeting where discussion was held to reconfigure the State Fair Committee and she suggested they be notified of the Public Works Committee date. Later in the meeting Councilmember Sonnen stated she has sent a memo to citizen's stating a public hearing will be heard on October 17th and she requested people be heard at that time if they showed up. NEW BUSINESS - RESOLUTIONS 14. Resolution - 89-1694 - Setting date of public hearing on the proposed 1990 City budgets for -October 19, 1989 at 7:00 P.M. to be held in the City Council Chambers. (FOR ACTION - Laid over from September 28th) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC'HEANINGS 15. Final Adoption - 89-1573 - An ordinance amending the Administrative Code by adding a new chanter establishing a Parks & Recreation Commission for the City and providing for its Power and staffing. (FOR ACTION Hearing continued from Seotember 28th) - Councilmember Rettman distributed copies of the ordinance with amendments previously adooted along with copies of a memo from Peggy Reichert, Deputy Director of Planning in PED. Councilmember Scheibel left 'the meeting at this point and returned later: Upon request of Councilmember Rettman, Peggy Reichert appeared and outlined her memo as a result of meeting with Lynn Wolfe of the Parks and Recreation Division requested by Council' Councilmember Scheibel returned to the meeting at this Point. There was considerable discussion and Councilmember Rettman moved that the ordinance be amended to incorporate amendments proposed in the October 41 1989 Peggy Reichert memo. Peggy Lynch appeared and said she is in support of the Planning Commission version but requested the section pertaining to policies for natural resources be made clearer in the resolution. Councilmember Rettman agreed and said clearer language could be added and she requested that be included in her motion for approval of amendments. Lynn Wolfe appeared and said their goal is for this to be a very clear ordinance. (Discussion continued on following page) 570 y " . k f October 5, 1989 11. Final Adoption - 89-1680 - An ordinance granting permission to Ron Saxon Ford, Inc. to construct, operate and''maintain-a private energy management systems cable under and across Marion Street near University. (FOR ACTION) Councilmember Wilson moved approval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. 517684 12. First Reading - 89-1782 - An ordinance amending Section 331.02 of the Legislative Code to include certain food service in licensed day care centers. (FOR REFERRAL TO THE COMMUNITY &HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 13. First Reading - 89-1783 - An ordinance amending Section 157.15(1) of the Legislative Code pertaining to miscellaneous parking restrictions and allowing curb ,lumping" during the State Fair. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. Councilmember Rettman stated she attended a District 10 meeting where discussion was held to reconfigure the State Fair Committee and she suggested they be notified of the Public Works Committee date. Later in the meeting Councilmember Sonnen stated she has sent a memo to citizen's stating a public hearing will be heard on October 17th and she requested people be heard at that time if they showed up. NEW BUSINESS - RESOLUTIONS 14. Resolution - 89-1694 - Setting date of public hearing on the proposed 1990 City budgets for -October 19, 1989 at 7:00 P.M. to be held in the City Council Chambers. (FOR ACTION - Laid over from September 28th) Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC'HEANINGS 15. Final Adoption - 89-1573 - An ordinance amending the Administrative Code by adding a new chanter establishing a Parks & Recreation Commission for the City and providing for its Power and staffing. (FOR ACTION Hearing continued from Seotember 28th) - Councilmember Rettman distributed copies of the ordinance with amendments previously adooted along with copies of a memo from Peggy Reichert, Deputy Director of Planning in PED. Councilmember Scheibel left 'the meeting at this point and returned later: Upon request of Councilmember Rettman, Peggy Reichert appeared and outlined her memo as a result of meeting with Lynn Wolfe of the Parks and Recreation Division requested by Council' Councilmember Scheibel returned to the meeting at this Point. There was considerable discussion and Councilmember Rettman moved that the ordinance be amended to incorporate amendments proposed in the October 41 1989 Peggy Reichert memo. Peggy Lynch appeared and said she is in support of the Planning Commission version but requested the section pertaining to policies for natural resources be made clearer in the resolution. Councilmember Rettman agreed and said clearer language could be added and she requested that be included in her motion for approval of amendments. Lynn Wolfe appeared and said their goal is for this to be a very clear ordinance. (Discussion continued on following page) 570 y October 5, 1989 (Discussion continued from previous page) Roll call on Councilmember Rettman's motion for, amendments. Adooted Yeas'- 7 Nays - 0 Councilmember Long moved an amendment by striking Section 105.07 pertaining to Der diem payments. Councilmember Sonnen spoke in- support of keening the' Der diem in the Commission as it is right now. Councilmember Dimond called the question on Councilmember Long's motion for amendment. Yeas - 3 (Dimond/Long/Scheibel) Motion failed of adoption. Nays - 4 (Rettnan/Sonnen/Wilson/Goswitz) Councilmember Rettman said this has been a very difficult issue and she thanked persons involved for their hard work. Laid over one week to October 12th for Final Adootion. 17. Resolution 89-1747 - Ratifying assessment for summary abatements property clean up through the month of July 1989. (To be considered at 10:0,0 A.M. -Laid over from Seotemb6r 28th) The owner of Property located at 582 W. Jessamine appeared and spoke in 0000sitibn to the assessment and he said this area is a wooded one and subject to dumping and he distributed photographs, of his ,property. John Betz appeared and 'gave his staff reoort and said upon reinspection the Property was not cleaned up and the City did the work. The owner answered questions of Councilmember Rettman and 'said'he'is disputing the work was done by the City. John Betz referred to City right-of-ways and said owners of those properties are resoonsible for their upkeep, and maintenance. Councilmember Rettman moved awroval of the assessment. Roll call. Adooted Yeas - 7 Nays - 0 Delores Perrianna appeared for property located at 605 York and she said this house was sold on a contract for deed but came back to her and the debris was from those owners. Mr. Betz stated this is a frequently visited house for their office and this was their sixth time there this ;Tear. Ed Starr exolained the City s ordinance pertaining to liens against orooerties and said contract for deeds does not change the circumstances and he stated liens go against orooerties. Roxanne Flinck aooeared and said the assessment will be submitted to the County to be collected with next year's taxes. Councilmember Rettman moved approval of the assessment. Roll call. Adopted Yeas - 7 Nays - 0 Councilmember Goswitz left the meeting at this point and returned later. Mr. Disselkamo aooeared representing Property located at 1155 Hague and said he received notice and made arrangements for his hauler who came out just as the City was finished doing the work. He requested a reduction of his assessment because he did take action and he said this complex is now fully rehabilitated. Councilmember Wilson said there is no dispute the City did the work and there is no basis on which to reduce the assessment. He said he knows the neighborhood is very, pleased with the rehab work done on this property and he extended his aooreciafion for the time and effort Mr. Disselkamo'has taken on it. Councilmember Wilson moved approval of the assessment. Adooted Yeas - 6 Nays - 0 (Discussion continued on following page) - 571 - October 5, 1989 (Discussion continued from previous oage) A tenant of property located at 781 E. 4th Street aooeared and said she was not by the'owner to be present today. She said the City took her upright freezer and her washer from the garage but that the tires and other debris was from the previous tenant. Councilmember Goswitz returned to the meeting at this point. John Betz appeared and oresented his staff reoort on this property. Councilmember Scheibel' said. the owner was properly notified and. should have notified the tenant and he suggested the tenant contact the Tenants Union for proper recourse. Roll call. Adopted Yeas - 7 Nays - 0 The owner of orooerty at 712 Hague appeared and said he had the property cleaned uo and he presented his receipts for proof. Mr. Betz gave his staff report and said the work was not comolete and the City did the Job. There was considerable discussion and after the owner looked at the City's Photographs he stated they are Photos of property located at 70B Hague. Councilmember Long requested a two week layover for staff to do a survey .and make their determination of the property. Laid over for two weeks to October 19th. Bruce Burgraff, owner of 1159 Jessie, aooeared and stated the City took over $6,000 worth of items from his garage. John Betz stated, the green card for this Property was not returned to his office and he 'does not have the file today. Laid over for two weeks to October 19th. Greg Gross appeared representingg property located at 71 E. Baker and said he cleaned uo the refuse and he exolained.the transition oeriod between one tenant and the new one and he submitted his cancelled check showing the work was completed by his orivate hauler. Mr. Betz explained there were two summary abatements for this orooerty and on one abatement reinsoection the work was completed by the owner tiut on the other abatement reinsoec6on the work was not complete so the City did the job and he distributed photographs. Councilmember Rettman said she, is not convinced the City did not do the work. Councilmember Dimond said notice was sent and the City did the work. Councilmember Rettman left the meeting at this Point and returned later. Mr. Gross said he has tried. to complywith the City and he .feels the cost of the assessment is outrageous. Councilmember Long moved approval of the assessment. Councilmember Wilson spoke in su000rt of the motion. Roll call. Adopted Yeas - 6 Nays - 0 Councilmember Rettman returned to the meeting at this point and Councilmember Wilson left the meeting at this point and returned later'. James Peterson apoeared representing orooerty located at 761 Englewood and said he just recently Purchased the house and when he learned of District Ts Clean Up Day he tore down the shed and out the appliances out for pick up and he said everything was Picked uo exceot the aooliances and he said he never received notification. (Discussion continued on following page) - 572 - i x :^ October 5, 1989 (Discussion continued from previous oage) Mr. Betz appeared and presented his staff reoort. Councilmember Long referred to the photographs and he moved approval of the assessment. Roll call. Adopted Yeas - 6 Nays - 0 Bonnie Gear, 435 Lakeside Drive, appeared reoresenting prooerty located at 921 Wells and said the first she knew of anything was when her tenant called to say the City was there to. clean up and after that time was when she received notice in ,the mail. She explained she had recently moved but did make the proper address changes ;with the Post Office as well as for her property taxes. Councilmember Dimond suggested a two week lay over to get more information from .N the Post Office on their procedures. Councilmember Rettman said she .could go along with the layover but she referred r to photographs of the property showing garbage, not!in.orooer containers.- Councilmemtier Scheibel said he will not suoDort the assessment as the owner has evidence she made proper address changes. There was further discussion and Councilmember Rettman moved aooroval of the x :^ October 5, 1989 (Discussion continued from previous oage) Mr. Betz appeared and presented his staff reoort. Councilmember Long referred to the photographs and he moved approval of the assessment. Roll call. Adopted Yeas - 6 Nays - 0 Bonnie Gear, 435 Lakeside Drive, appeared reoresenting prooerty located at 921 Wells and said the first she knew of anything was when her tenant called to say the City was there to. clean up and after that time was when she received notice in ,the mail. She explained she had recently moved but did make the proper address changes ;with the Post Office as well as for her property taxes. Councilmember Dimond suggested a two week lay over to get more information from the Post Office on their procedures. Councilmember Rettman said she .could go along with the layover but she referred r to photographs of the property showing garbage, not!in.orooer containers.- Councilmemtier Scheibel said he will not suoDort the assessment as the owner has evidence she made proper address changes. There was further discussion and Councilmember Rettman moved aooroval of the assessment. Roll call. Adopted Yeas - 4 Nays - 2 (Goswitz/Scheibel) No one else appeared and Councilmember Rettman moved aooroval of the resolution ratifying assessments as amended above. Adopted Yeas - 6 Nays - 0 16. Hearing:to consider the petition for a Lot Split with variance b Mike Maggi for > property located at 850 Forest and 849 Duchess between the railroad tracks and Sims. It was noted that City staff was not oresent and Mr. Maggie appeared and stated he was notified.this was to be laid over to October 12th.. Laid over one week to October 12th. 18. Resolution - 89-1784 - Ratifying assessment for the boarding up of vacant buildings through June 1989. No one aooeared in 0000sition. Councilmember Rettman moved aooroval of the resolution. . Adopted .., Yeas - 6 Nays - 0 Councilmember Wilson returned to the meeting at this point. 19. Resolution - 89-1785 - Ratifying assessment for sidewalk reconstruction for the south side of Banfil from Richmond to the west 45 ft. and west side of Richmond from Banfil to Goodhue and the west side of Pierce from. Selby to the north 120 ft. No one aooeared in opposition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 20. Resolution - 89-1786 - Ratifying assessment for sidewalk reconstruction for both sides of Bohland from Snelling to Macalester. No one appeared in 0000sition. Councilmember Long moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 s 21. Resolution - 89-1787 - Ratifying assessment for sidewalk reconstruction for s----- -- parts of Ames, Central, Chatsworth, Duluth, Fairview, Fort Road, Germain, Hague, Laurel, Howard, Tower and E. Idaho. �. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 r - 573 - 4 J M � E October 5, 1989 7 22. Final Order- 89-1788 - Sidewalk reconstruction with integral curb on the southeast side of W. 7th Street from Walnut to Ramsey at 270 W. 7th. No one aoueared in Opposition. Councilmiinber Goswiti moved an indefinite layover. � E October 5, 1989 22. Final Order- 89-1788 - Sidewalk reconstruction with integral curb on the southeast side of W. 7th Street from Walnut to Ramsey at 270 W. 7th. No one aoueared in Opposition. Councilmiinber Goswiti moved an indefinite layover. Roll call. AdoptedYeas 7 Nays - 0 Laid over indefinitely. 23. Resolution, -'89-1789 -Approving application for the renewal of various Class III Licenses as listed. Noone appeared in Opposition. f. Cou ncilmember Rettmah'moved aouroval of the resolution. Adopted Yeas - 7 Nays - 0 24. Resolution - 89-1790 - Approving application for the transferof On Sal I e Liquor, I • Off Sale 32 Malt Beverage and Restaurant Licenses issued toMcLean, Inc. dba The Lexington located at 1096 Grand to The, Lexington Restaurant_ Inc. dba The Lexington atthe same address. No one appeared in opposition. Cou ncilmkber Wilson moved approval roval of the resolution. Adopted - 7. Nays - 0 as 25. Resolution - 89-1791 - Approving application for the transfer of On Sale 3.2 Malt Beverage, Off Sale 6.2 Malt Beverage, Restaurant and Cigarette Licenses held by -Michael F. '& Jeanette Maggi dba Mike's Pin Up Bar located at 850 Forest to Walfoort, Inc. dba The Pin Up Bar located at the same address. No one aoueared in 0000sition. Councilm6mber Long moved aoDroval of the resolution. Kt Adopted Yeas : 7 Nays - 0 26. Resolution - 89-1792 - Approving application for Massage Therapist License applied for by Deborah Johnson dba Grand Tan located at 80 N. Snelling. No one anaeared in Opposition. I Long moved approval of the res olution. RollCouncilmember call. Adopted Yeas - 7 Nays - 0 27. Resolution - 89-1793 - AoDroving application for Massage Therapist License applied for by Sister Donna Brown 'dba Sister Rosalind's Professional Massage Cbhter located at 1999 Ford Parkway. • No one appeared in opposition.. Councilmb4ber Long -moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-1794 - Approving application for Massage r e,The Therapist,License j g Steven Carmazon ba Sister Rosalind's Professional ona Massage Center applied for b s I located at 19 9 Ford Parkway. No one,aooeared in Opposition. Councilmember Long moved approval the 21, of resolution. Roll call. w, Adopted Yeas - 7 Nays ' -.0 J 29. Resolution - 89-1795 Ao:)roving application for Massage Therapist License applied for by Mavis Doten dba Sister Rosalind's Professional Massage Center located 1999 Ford T at Parkway. No one appeared in opposition. Councilmkber Long moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 574 - � E October 5, 1989 30. Resolution - 89-1796- Approving application for Massage Therapist License applied for by Mary Lynn Dorr dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one aooeared in 0000sition. Councilm6na er Long moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-1797 - Approving application for Massage Therapist. License applied for by Margaret Hersch dba Sister Rosalind's Professional Massage Center, located at 1999 Ford Parkway. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Roll call Adopted Yeas - 7 Nays,- 0 32. Resolution - 89-1798.- Approving application for Massage Theraoist License applied for by Mary Jane Heimel dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one appeared in opposition, , Councilmember Long moved approval of the resolution.. Roll call. Adopted - Yeas : 7 Nays 0 33. Resolution - 89-1799 - Approving application for Massage Therapist License applied for by Pamela Jamison dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays -:0 34. Resolution - 89-1800 - Aooroving application for. Massage Therapist License applied for by Sister Mary O'Brien dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one appeared in opposition. Councilmember Long moved approval of the resolution. Roll call.- Adopted Yeas - 7 Nays - 0 35. Resolution - 89-1801 - Approving application for Massage Therapist License applied for by Susan Margaret Singer dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Roll +call. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-1802 - Aooroving application for Massage Therapist License applied for by Margery Turek dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one appeared in opposition. Councilmember Long moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 - 575 - - •l t, r` October 5, 1989 30. Resolution - 89-1796- Approving application for Massage Therapist License applied for by Mary Lynn Dorr dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one aooeared in 0000sition. Councilm6na er Long moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 31. Resolution - 89-1797 - Approving application for Massage Therapist. License applied for by Margaret Hersch dba Sister Rosalind's Professional Massage Center, located at 1999 Ford Parkway. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Roll call Adopted Yeas - 7 Nays,- 0 32. Resolution - 89-1798.- Approving application for Massage Theraoist License applied for by Mary Jane Heimel dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one appeared in opposition, , Councilmember Long moved approval of the resolution.. Roll call. Adopted - Yeas : 7 Nays 0 33. Resolution - 89-1799 - Approving application for Massage Therapist License applied for by Pamela Jamison dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays -:0 34. Resolution - 89-1800 - Aooroving application for. Massage Therapist License applied for by Sister Mary O'Brien dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one appeared in opposition. Councilmember Long moved approval of the resolution. Roll call.- Adopted Yeas - 7 Nays - 0 35. Resolution - 89-1801 - Approving application for Massage Therapist License applied for by Susan Margaret Singer dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one aooeared in 0000sition. Councilmember Long moved approval of the resolution. Roll +call. Adopted Yeas - 7 Nays - 0 36. Resolution - 89-1802 - Aooroving application for Massage Therapist License applied for by Margery Turek dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one appeared in opposition. Councilmember Long moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 - 575 - - •l October 5, 1989 37. Resolution— 89-1803 --Aproving application for Massage Theraoist License applied for by Patricia Zachau ba Sister Rosalind'sProfessional Massage Center located at 1999 Ford Parkway. No one aDoeared in oonosition. Councilmember Long moved approval of the resolution. Roll call. Adopted Yeas,- 7 Nays - 0 38. Resolution - 89-1804 - Approving application for Massage Therapist License applied for by Barbara Zawis ak dba Sister Rosalind's Professional Massage Center Iocated at 1999 Ford Parkway. No one aooeared in opposition. Councilmember Long moved approval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 39. Resolution 89-1805 - Suspending licenses held by the American Legion, Arcade Phalen Post 5577 located at 1129 Arcade. (NOT CONTESTED - FOR ACTION) Tom Weyandt, Assistant City Attorne dpresented1, anoeared and osented his staff report and recommended an independent fin ing'and sanction be made for each violation. He said there is sufficient evidence to ultimately revoke their license and he stated he is aware that,. two -Council members are members of this club. Mr. Weyandt stated as a point of information that other establishments with similar violations will also be before Council in the very near future. John King, attorney representing the American Legion, aDoeared and said they are not denying the violations occurred but he asked for lihiency considering their history and reputation in St. Paul. Councilmember Dimond said this is not a problem establishment and although we need to take some sort of action he doesn't feel revocation is aonrouriz,e and he stated he is a member of this Post and he has no financial interest ir, it. Upon question of Councilmember Wilson, Ed Starr referred to sections Of tCitV Charter pertaining to Code of Ethics. Councilmember Scheibel said there is a history throughout the Cit;, of these types of violations occuring and we need to impose some type of oenilt;an into effect if there is another violation. Councilmember Wilson agreed and said if a suspension is not adequate then revocation will need to occur. He stated the City is in a period of transition with this type of license and it's important to lay a foundation and use consistency. Councilmember Goswitz stated he is also a member of this Club and he does not have a financial interest in it. Councilmember Rettman said she has been a guest at this club an a number of occasions and she moved that the license be suspended for two days to be stayed for one year. Councilmember Long said he believes we should impose a penalty without the stay and he moved a two day susuension. Councilmember Rettman stated she will not accent that as a friendly amendment to her motion. Councilmember Wilson sooke in support of a two day stayed suspension. Roll call on the motion for a two day suspension stayed for a period of one year. Adopted Yeas - 5 Nays - 2 (Long/Sonnen) Councilmember Scheibel referred to the National March for Housing Now to take glace in Washington, D.C. onoctober 7th and requested the rules be suspended to consider a resolution pertaining to that march. Councilmembers Dimond and Long moved that the rules be suspended. Adopted Yeas - 7 Nays - 0 ' ---------------- - 576 - - 577 - y e r October 5, 1989. '. Resolution - 89-1850 - Supoprting, the Community Campaign for Housing Now , delegation, and their participation in the:National ,March for.Housing Now and supporting the intent and aims of the National March for Housing Now. 3 Councilmember Dimond caved aopraval of the resolution. v Adopted Yeas - 7 Nays,- 0 , N Councilmember Lon stated the Tuesda , October- 10th finance meeting of the whole has been cancell and he said he wi 1 reschedule it at a later date. Council member, Long moved, that the, meeting be adjourned. Adopted Yeas - 7 Nays 7;0, AbJ00RNED AT' 12:05 P.M. Council res en ATTEST. , Conies sent:to Councilmembers .//- 7 -F�/. Minutes aoDroved by Council ABO:PMK - 577 - y e r si rvtc. 'I MINUTES OF THE COUNCIL 9:00 A.M OCTOBER 10, 1989 + COUNCIL CHAMBERS - CITY HALL & COURT HOUSE yi SAINT PAUL, MINNESOTA qe The meeting was called .to order by Vice President Wilson at 9:05 A.M. av Present - 4 - Councilmembers Dimond, Goswitz, Long, Wilson 4 oaf , Absent -. 3 - Councilmembers Scheibel, Sonnen andRettman (Councilmember Sonne n arrived at a point during the meeting and Councilmember' Wilson announced Councilmembers Scheibel and Rettman wereattending a meeting and will arrive soon) CONSENT AGENDA Upon request of Councilmember' Dimond, Item No. 17 was referred to the Housing `& Eco omit Development Committee. Councilmember Dimond moved approval of the Consent Agenda as amended above. Adopted, Yeas'- 4 Nays _ 0 1. Claim of D.A. Appleby,70 W. Iowa filed September 27, 1989, was read. Referred to the City Attorney's -Office. Claim of Jonathan Bream, 501- Frontenac Place,. filed September 28, 1989, was read. Referred to the City Attorney's Office. Claim of Christine Davis, 891 Charles, filed September 28, 1989, was read. Referred to the City Attorney's Office. Claim of Ronald Dox, 1124 Woodbridge, filed September 27, 1989, was read. Referred, to the City;Attorney's Office. Claim of Robert Ruff, 1601• N. Innsbruck #338, Fridley, MN 55432,, filed October 2; 1989, wasz read. Referred to the City Attorney's Office. 2. Appeal of Leland Wolf to a Vehicle Abatement Order for property located at 1012 McLean. L (City Clerk recommends a date of Public hearing be October, -31st) established for Laid over to October 31st for Public Hearing. 3. Letter of the City Attorney'sOffice announcing a date of public hearing for October 24th before an Administrative Law Judge to pertaining possible adverse action against licenses held-by'Bal Inc. dba Wabasha Bar Wabasha. located at 427 S: Filed (CC #13199) 4. Letter of the State Auditor submitting its report on the St. Paul Police Relief Association for the year ended December 31, 1968. '- Filed (CC #13200) 5. Administrative Orders D-10483 through D-10488 were noted as on file in the City Clerk's Office. - 6. Resolution - 89-1810 - Amending the 1989 budget by adding $3,377 to the Financing & Spending Plans for PED Print Shoo. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 578 - si rvtc. 'I October 10, 1989 7. Resolution - 89-1811 - Amending the 1989 budget by adding $246.00 to the Financing & Spending Plans for the Debt Capital Imorovement fund. (FOR ACTION) Adopted Yeas - 4 Nays - 0 8. Resolution - 89-1812 - Amending the 1989 budget by adding $62,350 to the Financing & Soending Plans for Public Works Asphalt fund. (FOR REFERRAL TO THE FINANCE COMM17TEE) Referred to the Finance Committee. 9. Resolution - 89-1813 - Authorizing proper City officials to execute an agreement with the State, Department of Natural,Resources for construction.of bat gate at Echo Cave in Lilydale, Park. (FOR REFERRAL. TO THE COMMUNITY. & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 10. Resolution - 89-1814 - Authorizing orooer City officials to execute anagreement with Ramsey County Health Department for medical consultation services. (FOR ACTION) Adopted Yeas - 4 Nays - 0 11. Resolution- 89-1815- Aoproving a000intments by the Mayor of persons listed to serve on Trade Examining Board. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES CO;MIITTEE) Referred to the Community & Human Services Committee. 12. Resolution - 89-1816 - Approving actions by the St.. Paul Board of Aooeals and Review on August B. 1980'and for properties located at 387/389 Portland, .John Mitchell aooellant; 1033 W. 7th, David Wilkinson aooellant; 502-504 Prior, J. James & Rose Walsh appellant; 1242-1245 Pierce Butler Rte., Calvin Morey aooellant„354.E. Mayglia, Nancy Friberg appellant; and 476-478 Herschel, Erwin Ulrich appellant. (FOR ACTION) Adopted Yeas - 4 Nays - 0 13. Resolution - 89-1817 Approving actions by, the St. Paul Board of Aooeals and Review on August 8, 198g'and for orooerties located at 387-389 Portland, John Mitchell appellant;, 504/522 -Portland, J. James.& Rose._ Walsh. appelIant; 110 St. Albans, Randell Sven appellant; and 1697 Ford Parkway, Gene Roseblum appellant. (FOR ACTION) Adopted Yeas - 4 Nays - 0 14. Resolution - 89-1818 - Creating the Program Evaluation Task. Force with a000intments to be made by the Mayor and with a report to the Mayor and .City Council by May 1, 1990. (FOR ACTION) Adopted Yeas - 4 Nays - 0 15. Resolution - 89-1819 - Initiating a Small Area Plan and 40 -Acre Study for the Concord-Wabasha-Robert Street area. .(FOR REFERRAL TO. THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 16. Resolution- 89-1820.- Releasing retained utility easements in the alley in Blk. 5, Fairchild & Howard's Rearrangement located in the intersection of Case and Birmingham as vacated by C.F. 215625 November 27, 1963. (FOR ACTION) Adopted Yeas - 4 Nays - 0 17. Resolution - 89-1821 - Approving comments of the Planning Commission on the Ramsey County Regional Rail Authority's Comorehensive LRT Plan. (FOR ACTION) Referred to the Housing & Economic Development Committee. - 579 - 451 October 10, 1989 7 18. Preliminary Order - 89-1822 - Improving Darts of Alice Court, Alice Street,. vt Cherokee, Hall and Robie with concrete curb and gutters, bituminous surfaced roadway, concrete driveway aprons and outwalks, boulevard sodding and lantern style street lighting system conjunction with the Area m ,in Street Paving Lighting project, and se£ti6g date of public hearing for December 5th. (FOR ACTION) .., Adopted Yeas - 4 Nays - 0 - c 19. Preliminary Order - 89-1823 - Constructing the Concord/Congress Area Storm Sewer project for. the area bounded by the Mississippi River on the north, King on the south, Orleans on the west and Eva on the east, and setting date of,Public N hearing for December 5th. (FOR ACTION) Adooted Yeas -.4 Nays - 0 20. Preliminary Order - 89-1824 - Constructing sanitary, storm and water service nom, connections if, requested for the combined sewer; separation project known as the Concord/Congress Area. Storm Sewer and Street Lighting & Paving project, and .y setting date of Public hearing for December 5th. `FOR ACTION) Adopted Yeas - 4 Nays - b ORDINANCES s; 21. Second Reading - 89-1760 - An, ordinance amending Chapter -60 of the Legislative 4' Code bythe Pier 1- Imports to rezone located ::approving request, of property at 727-733 Grand from B2 -C and B-3 to B-2 for expansion and, off-street parking. ACTION - Hearing held June 15th) H(FOR Laid over to October 12th .for Third Reading. } 22. Second Reading - 89-1761 - An ordinance amending,. Chapter 60 of the Legislative a ' Code.,by approving the request of Oneida Education Center and Oneida Community College to rezone property at 357 Oneida from RM -2 to OS -1 to permit use of I existing structure as an office building. (FOR ACTION - Hearing held July.13th) Laid over to October 12th ,for Third Reading. j 23. Second Reading - 89-1809 - An ordinance amending Chapter 56 of the Administrative Code pertaining to the City's budget calendar. Laid over to October 12th for Third Reading. i 24. FirstReading - 89-1825 - An, ordinance amending Chapter 45 of the Legislative Code pertaining to nuisance abatements involvingg heritage preservation sites. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. " 25. First Reading - 89-1826 - An ordinance amending Chapter 73 of the Legislative Code pertaining to the HPC and demolition of buildings. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Y Referred to the Housing & Economic Development Committee. COMMIfiEE REPORTS �n sr„j\,',ri ' 26. 'Resolution - 89-1557 - Directing administration to begin immediate proceedings to acquire by power of domain appropriate means the Phalen �t -cam•, eminent or other Creek Trail from w,9+x — - Kellogg Blvd, on the south to Larpenteur on the north. (Housing,and Economic Develggopment and Public Works Committees recommends aouroval � �. point toF', huredaduring el2th Councilmember Wilson requested this item be laid s- - r - over October Laid over to October 12th. t r - 580 - - L-7 —: 581 - October 10, 1989 PUBLIC HEARINGS T 27. Hearing to consider the 'appeal of Clara Charles to a Summary Abatement Order for 27th) - property located 'At 1023 Dayton. (Laid over from Seotember is on this order and he requested Councilmember- Wilson said Ms. Charles working " a four week layover to November 7th. to November 7th. zs ` kr Laid over four weeks 28. Resolution - 89=1770 -Ratifying assessment in conjunction with the & Lighting project. (Public Works v;f Albemarle/Nebraska Area Street Paving approval - Laid over from October 3rd) Committee recommends No one appeared in opposition. Councilmember Dimond moved aooroval of the resolution_ Adopted Yeas - 4 Y 0 -' 29. Resolution - 89-1771 - Ratifying assessment in conjunction with the (Public Works Committee recommends Yv4i Albemarle/Nebraska Area Storm Sewer oroject. aooroval - Laid over from October 3rd) No one appeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 30. Resolution - 89-1827 - Aooroving application for Auto Body Repair Garage License Inc. located 15 W. Winifred. app7ied'fow by Castro's Collision Center, at No one appeared in opposition. Councilmember Dimond moved approval of the resolution- Adopted Yeas - 4 y 0 31. Resolution - 89-1828 - Approving application for the renewal of Auto Body Repair Fohrenkamm dba LePainter Body Shoo located Garage License applied for -by Craig at 744 El 3rd. No one aooeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Kays 0 7'32. Resolution - 89-1829 Rober= Approving application for On Sale Sunday eLicense Triviski's Bar located at 178 S. Rt. applied for by Whoopee, Inc. dba No one appeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 ' Kays - 0 33. Resolution - 89-1830 --Approving application for the transfer of On Sale Liquor, III Restaurant Licenses currently Sunday On Sale Liquor, Entertainment and issued 'to J. J. Enterprises, Inc. dba Al1 American Bar located at 2554 Como to John Keena/R=Mont, Inc: dba Gatsby's. No one aooeared in ooposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 34. Resolution - 89-1831 - Aooroving application for the transfer of On Sale Wine, Restaurant Licenses currently issued to Lina Leung on Sale 32 Malt Beverage and dba Dynasty Restaurant located at 2346 W. 7th to Dynasty Restaurant, Inc. at the same address. No one appeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. -- — Adopted Yeas - 4 Nays - 0 581 - October 10, 1989 35. Resolution - 89-1832 - Approving application for Massage Therapist License applied for by Linda Rauenhorst dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one appeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 36. Resolution -89-1833 - Aooroving application for the renewal of various Class III Licenses as listed. No one appeared in opposition..: Councilmember Long moved approval of the resolution. Adopted Yeas - 4 Nays - 0 Councilmember Sonnen arrivied at this Point in the.meeting. 37. Resolution - 89-1834 - Adooting service charges against benefitted properties for the ooeration and maintenance of Town Square public spaces for the period July 1, 1989 to June 30, 1990. Bill Buth representing BOMA appeared and spoke in consistent ooposition to this resolution but commended the management for, maintenance,,at the highest level. Councilmembers Dimond and Long moved approval of the resolution. Adopted Yeas,- 5 Nays - 0 38. Resolution - 89-1835 - Ratifying assessment costs for the 1989 operation of Above Standard Street Lighting Systems. No one appeared in ooposition. Councilmember GOSwitz moved aoproval of the resolution. Adopted Yeas 5 Nays - 0 39. Final Order - 89-1836 - Operating the above standard street lighting systems for 199.0 for the Ford/Cleveland Area. No one aooeared in opoosition. Councilmember Goswitz moved approval of the order. Adopted Yeas - 5 Nays - 0 40. Final Order - 89-1837 - Operating the above standard street lighting systems for 1990 for the Selby/Western Area. No one appeared in opposition. Councilmember,Goswitz moved aoproval of the order. Adopted Yeas - 5 Nays -.0 41. Final Order - 89-1838 - Operating the above standard street lighting systems for 1990 for the Lowertown Area. No one appeared in: opposition. Councilmember Goswiti moved approval of the order. Adopted Yeas - 5 Nays 0 42. Final Order - 89-1839 - Operating the above standard street lighting systems for 1990 for the.Grand-East 1 Area. No one appeared in opposition. Councilmember Goswitz moved aoproval of, the order. Adopted Yeas - 5 Nays - 0 43. Final Order - 89-1840 — Operating the above standard street lighting systems for 1990 for the Wabasha Area. No one appeared in opposition. Coun4ilmember Goswitz moved aooroval of the order. Adooted Yeas - 5 Nays - 0 582 October 10, 1989 44. FinalOrder- 89-1841 - Operating the above standard street lighting systems for 1990 for the Grand West Area. No one appeared in opposition. Council member Goswiti'moved approval of the order. Adooted Yeas - 5 Nays - 0 45. Final Order - 89-1842 - Operating the above standard street lighting systems for 1990 for the Grand -East II Area. `i No one appeared in opposition. Councilmember Goswiti raved approval of the order. Adopted Yeas - 5 Nays.- 0 46. Final Order - 89-1843 - Operating the above standard street lighting systems for 1990 for the Smith Avenue Area. No one appeared in opposition. 7� Councilmember Goswiti'moved aoproval of the order. Adopted -- Yeas - 5 Nays - 0 47. Final Order - 89-1844 - Operating the above standard street lighting systems for 1990 for the Wabasha-Fifth-Sixth Area. No one appeared in -opposition: Councilm6nber Goswiti moved approval of the order. Adopted Yeas - 5 Nays - 0 48. Final Order - 89-1845 - operating the above standard street lighting systems for 1990 for the Selby Avenue Revitalization Project No. I. No one aooeared in 0000sition. Councilmember Goswiti' moved approval of the order. Adopted Yeas - 5 Nays - 0 49. Final Order - 89-1846 - Operating the above standard street lighting systems for 1990 for the Concord Phase I Area. No one aooeared in opposition. Councilmember Goswiti moved approval of the order. Adopted Yeas - 5 Nays - 0 50. Resolution - 89-1847 - Adooting service charges as special assessments for the 1989 Street and Alley Maintenance Program. Maurice La Bore, 1688 Old Hudson Road, appeared and spoke -in opposition to the assessments and he referred to problems he has had building i garage on his orooerty, and Councilmember Dimond stated he will work with Mr. La Bore on that issue. - Al Shetka of the Public Works Deoartment appeared and explained this and the following related resolution and he explained the service charges and answered questions of Councilmembers. John Schmidt, 1348 Schletti, appeared and spoke in opposition to the assessment and said he is on a pension. A gentleman aooeared representing Property at 1639 Furness Parkway and suggested consolidating ell taxes and he spoke in opposition to the assessment. Leo Lindquist, 1846 Marshall, appeared and spoke in opposition to the assessment and referred to snow plowing issues and urged,an efficiency study for City ;S departments. - Councilmember Scheibel arrived at this point in the meeting. Charles Standish, attorney, aooeared representing the prooerty owner of 2104 ---..fs Gilbert and exolained their request for a reclassification on this orooerty. v, Tom Eggum of the Public Works Deoartment stated he will look into the reclassification request. hM: (Discussion continued on following Page) - 583 - October 10, 1989 (Discussion continued from previous page) A gentleman aooeared and spoke in opposition to the assessment and suggested an itemized statement be released for information to the citizens. Councilmember Scheibel referred to and explained the truth in taxation law and said next year a statement will be.included showing a breakdown of where monies are being distributed. Guis Nelson, 206 S. Wheeler, aooeared and referred to an unimproved and unassessed alley located behind his property and to concerns of the neighborhood regarding that area and he requested to go on record stating that alley has never been Dart of a maintenance schedule. Councilmember Scheibel stated a number of issues were raised in the testimony of Mr. Nelson and he requested they be referred to the Public Works Committee for review.. .. Mary Ulbrich, 189 W. Maryland, aooeared and sooke in 0000sition'to the assessments and she referred to'concerns of property of her daoghter'located at 1302"N.'Kent, and Mr. Eggum stated he will look into concerns of that property. Fletcher Cornely, 1007 Marshall, aooeared and referred to improner lighting in alleys, spoke in opoosition to the assessment, and he referred'to problems of snow plowing and said he has tried to get in contact with CouncilmemSer'Wilson. Councilmember Wilson stated he will be working with Mr. Cornely and will do an on-site visit to the property. Tiger Jack appeared and spoke in opoosition to the assessment. Wilford Anderson, 524 E. Cook, aooeared and sooke in objection to the assessment and said there should be a larger break for corner lots. Bob Fletcher appeared and made several comments on the history of assessments and suggested it may be an iilegal service charge and he suggested a freeze on future assessments. Dorothy Weidell, 635 E. California, aooeared and questioned the high cost of her assessment and she said her alley has never been cleaned, and Mr. Shetka said he will check his records on this alley. Dino Guerin, 1977 N. Park Drive, aooeared and spoke in opposition to the assessment and referred to the taxes and assessed valuation of Councilmember Dimond's property. Lillian Luck, 1812 Hague, aooeared and spoke in opposition to the assessment and other oroblems. Marie Hovda, 1005 W. Minnehaha, aooeared and made reference to changes in law and suggested this law governing the City could also be changed and she spoke in opposition to the assessment. James Joyce, 1039 N. Oxford, aooeared and spoke in opposition to the assessment and complained about snow plowing Edward Davis Fischman, 623 and 624 Summit, aooeared and spoke in opoosition to the extremes of the two assessments, and Roxanne Flinck of the Finance Division said she will review the assessments with Mr. Fischman. Mary Jane Rachner, 1917 Pinehurst, aooeared and urged people to vote. Olive Taylor, 1087 W. Jessamine, aooeared and spoke in 0000sition to the assessment and referred to problems during snow plowing, and Mr. Eggum stated he will look into that issue. Charles Walsh, 1856 Portland, aooeared and spoke in opposition to his assessment versus other apartment buildings in the area. Roxanne Flinck stated she looked into this issue last year for Mr. Walsh and said it has been reduced and she explained new policies that have been initiated for corner apartment buildings. No one else appeared. Councilmember Wilson moved that the public hearing be closed. Adopted Yeas - 6 Nays - 0 Councilmember Wilson referred to testimony of Mr. Cornely and said his office, home, the Information and Comolaint Office and the Health Division all confirm they received no complaints and he reiterated he will make an on-site visit to the address. He stated the vast majority of Persons testifying today are senior citizens and will be hit the hardest by decisions made and he said he is very concerned about that. He referred to discreoancies and said he needs further (Discussion continued on following page) J y: October 10, 1989 Y (Discussion continued from previous page) clarification and he requested the vote be laid over and he also suggested that alleys be handled the same as sidewalks on'a case-by-case basis: Councilmember Scheibel'spoke in support of comments made'by Councilmember Wilson' 'todaybecause and said action will not be takenof the need for clarification.. Councilmember Long also spoke in support of the need 'for clarification in a connection with 1990 budget issues. x Councilmember Wilson requested staff to look at, the feasibility of an area F �? Councilmember Goswitz left the meeting at this point." Y, Y Der year. there was some discussion and agreement that a vote be taken today on.Item No. 50 involving assessments for 1989 maintenance and that Item 51 be laid over `y October 10, 1989 Y (Discussion continued from previous page) clarification and he requested the vote be laid over and he also suggested that alleys be handled the same as sidewalks on'a case-by-case basis: Councilmember Scheibel'spoke in support of comments made'by Councilmember Wilson' 'todaybecause and said action will not be takenof the need for clarification.. Councilmember Long also spoke in support of the need 'for clarification in a connection with 1990 budget issues. } Councilmember Wilson requested staff to look at, the feasibility of an area breakdown "for services to be provided. Councilmember Goswitz left the meeting at this point." Al'Shetka ezolained their complaint Process and said they clean alleys two times Der year. there was some discussion and agreement that a vote be taken today on.Item No. 50 involving assessments for 1989 maintenance and that Item 51 be laid over INo. for consideration ata later date. Cobncilmember Long moved auproval of Item No. 50: Roll call. Adopted Yeas - 5 Nays - 0 1 51. Resolution - 89-1848 - Establishing the level of street and alley maintenance to t be performed in 1990:' 3 (Seediscussion above) a Codncilmember'Wilson moved that the meeting be adjourned. Adopted Yeas - 5 Nays.- 0 A D J O U R N E A T 11:40 A. M. CouncT7-rresid ATTEST: Copies sent to ;Councilmembers ' Minutes approved by Council � er A0PMK ' 1 _ - 585 _ 1 I e f 1 f F r ` ` �'v'v.}�•y"�� _ _ .n. 1 _ J .. mu.^tt i�...n v...vm .-rcde..,nz. a. m a .. _ ..... .-. .�....._ - ._.. '- - MINUTES OF THE COUNCIL 9:00 A.M v r' OCTOBER 12, 1989 COUNCIL CHAMBERS- CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA (fi )' The, meeting was called to order by President Scheibel at -9:05 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Long,_Rettman,. Scheibel, Sonnen Absent - 1 - Councilmember Wilson (excused) Councilmember Scheibel. said Councilmember. Wilson has been excused from today's meeting but he did request Item No. 1 on the Additional Agenda be laid over.,to October 17th and that Commissioner Finley also requested this layover. }' ADDITIONAL ITEM :. Resolution - 89-1557 - Directing Administration to begin immediate proceedings wF to acquire by Dower of eminent domain or other aoorooriate means the Phalen Laroenteur t' Creek Trail from Kellogg Boulevard on the south the on the north. (Housing & Economic Development Committee recommends approval - Laid over from ctober.IGO) r (See discussion,above) over 17th.., Laid to October CONSENT AGENDA . r `=, Councilmember Dimond moved approval of the Consent Agenda. ROIL call. Adopted Yeas - 6 Nays - 0 1. Ci aim of Michael Brennan (Mark Steffenson, attny.) filed October 4, 1989, was read. r Referred to the City., Attorney's Office. Claim of Emma ,Confalone,;1529 McLean, filed October 3, 1989, was read. Referred to the City Attorney's.Office. Claim of Paul Rodoloh, 1036 Grand, filed October 4. 1989, was read. " Referred to the City Attorney's Office. Claim. of U -Haul International by Republic.Claims Service Co., 2721 N. Central Avenue, Phoenix, AZ 8504, filed.October 4, 1989, was read. Referred to the City Attorney's,Office. Claim of Raymond Whebbe, 1706 Sims, filed October 3, 1989, was read. Referred to the City Attorney's Office. '- Claim of David White (Harlan Goulett, attny.) filed October 3, 1989, was read.. Referred to the City Attorney's Office. RV'} ; 2. Administrative Orders D-10489 through D-10495 were noted as on file in the City Clerk's Office. a s� 3. Resolution - 89-1851 - Amending'the 1969 budget;;by adding $5,000 to the Services Smoke Financing & Soending .Plans for Fire. Responsive Detector Distribution. (FOR ACTION) :. Adopted Yeas - 6 Nays - 0 - 586 - ,ykj�3 R L u a October 12, 1989 4. Resolution - 89-1852 - Amending the 1989 budget by adding $52,150 to the Financing & Spending Plans for PED Operations Downtown Development Division Tourism study. (FOR ACTION) Adopted Yeas - 6 Nays - 0 5. Resolution - 89-1853' Amending the 1989 budget by adding $10,000 to the Financing & Spendingg Plans for Personnel Office Special Projects Urban Corps Exoansion project. - `FOR ACTION) Adapted Yeas - 6 Nays - 0 6. Resolution - 89-1854 - Amending the 1984, 1986 and 1989 CIB Budget by adding $36,410.73 for Police Department Annex remodeling project. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to•the.Finance Committee. 7. Resolution - 89-1855 - Amending the 1984, 1986 and 1989 CIB Budget. by adding $38,093 for Police Department Annex remodeling project. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 8. Preliminary Order - 89-1856 - Improvingg parts of Pinehurst, Yorkshire, Hampshire Ave., Hampshire Court, Colvin and Hill too with bituminous roadway, concrete curb, gutters, driveway aprons and outwalks, boulevard sodding and lantern style street lighting system in conjunction with the oroject to be known as the Fairview/Montreal Area Street Paving & Lighting oroject, and setting date of public hearing for December 5, 1989. (FOR ACTION) Adooted Yeas - 6 Nays - 0 9. Preliminary Order - 89-1857 - Constructing the Fairview/Montreal Storm Sewer Seoaration oroject for the area bounded by Eleanor, St. Paul Ave., Howell and Fairview, and setting date of public hearing for December 5, 1989. (FOR ACTION) Adooted'- Yeas - 6 Nays - 0 10. Preliminary Order - 89-1858 - Constructing sanitary, storm.and water service connections if requested for the combined sewer separation oroject known as the Fairview/Montreal�Area Sewer and Street Pavingg-& Lighting project, and setting date of public hearing for December 5, 1989. (FOR ACTION) Adooted Yeas - 6 Nays - 0 11. Preliminary Order - 89-1859 - Improving parts of Maryland, Magnolia, Ames, Rose, Barclay, Hazelwood and Mechanic with bituminous roadway, concrete curb, gutters, driveway.aprons,and outwalks, boulevard sodding and lantern style street lighting system in -conjunction with the project to be known asthe Hazelwood/Magnolia Area Street Paving & Lightin oroject, andsettingdate of public hearing for December 5, 1989. (FOR ACTION Adopted Yeas 6 Nays - 0 12. Preliminary Order - 89-1860 - Constructing the Hazelwood/Magnolia Area Storm Sewer oroject, and setting date of public hearing for December 5, 1989. (FOR ACTION) Adopted Yeas - 6 Nays - 0 13. Preliminary Order - 89-1861 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Hazelwood/Magnolia Area .Storm Sewer and Street Paving & Lighting project, and setting date of Public hearing for December 5, 1989. `FOR ACTION) Adooted Yeas - 6 Nays - 0- - 587 - 1 i J � 1 ,ykj�3 R L u a October 12, 1989 4. Resolution - 89-1852 - Amending the 1989 budget by adding $52,150 to the Financing & Spending Plans for PED Operations Downtown Development Division Tourism study. (FOR ACTION) Adopted Yeas - 6 Nays - 0 5. Resolution - 89-1853' Amending the 1989 budget by adding $10,000 to the Financing & Spendingg Plans for Personnel Office Special Projects Urban Corps Exoansion project. - `FOR ACTION) Adapted Yeas - 6 Nays - 0 6. Resolution - 89-1854 - Amending the 1984, 1986 and 1989 CIB Budget by adding $36,410.73 for Police Department Annex remodeling project. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to•the.Finance Committee. 7. Resolution - 89-1855 - Amending the 1984, 1986 and 1989 CIB Budget. by adding $38,093 for Police Department Annex remodeling project. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 8. Preliminary Order - 89-1856 - Improvingg parts of Pinehurst, Yorkshire, Hampshire Ave., Hampshire Court, Colvin and Hill too with bituminous roadway, concrete curb, gutters, driveway aprons and outwalks, boulevard sodding and lantern style street lighting system in conjunction with the oroject to be known as the Fairview/Montreal Area Street Paving & Lighting oroject, and setting date of public hearing for December 5, 1989. (FOR ACTION) Adooted Yeas - 6 Nays - 0 9. Preliminary Order - 89-1857 - Constructing the Fairview/Montreal Storm Sewer Seoaration oroject for the area bounded by Eleanor, St. Paul Ave., Howell and Fairview, and setting date of public hearing for December 5, 1989. (FOR ACTION) Adooted'- Yeas - 6 Nays - 0 10. Preliminary Order - 89-1858 - Constructing sanitary, storm.and water service connections if requested for the combined sewer separation oroject known as the Fairview/Montreal�Area Sewer and Street Pavingg-& Lighting project, and setting date of public hearing for December 5, 1989. (FOR ACTION) Adooted Yeas - 6 Nays - 0 11. Preliminary Order - 89-1859 - Improving parts of Maryland, Magnolia, Ames, Rose, Barclay, Hazelwood and Mechanic with bituminous roadway, concrete curb, gutters, driveway.aprons,and outwalks, boulevard sodding and lantern style street lighting system in -conjunction with the project to be known asthe Hazelwood/Magnolia Area Street Paving & Lightin oroject, andsettingdate of public hearing for December 5, 1989. (FOR ACTION Adopted Yeas 6 Nays - 0 12. Preliminary Order - 89-1860 - Constructing the Hazelwood/Magnolia Area Storm Sewer oroject, and setting date of public hearing for December 5, 1989. (FOR ACTION) Adopted Yeas - 6 Nays - 0 13. Preliminary Order - 89-1861 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Hazelwood/Magnolia Area .Storm Sewer and Street Paving & Lighting project, and setting date of Public hearing for December 5, 1989. `FOR ACTION) Adooted Yeas - 6 Nays - 0- - 587 - 1 i October 12, 1989 14. Preliminary Order - 89-1862 - Acquiring prooerty in conjunction with the Western/Acker Ponding Acquisition Project, and setting date of public hearing for December 5, 1989. (FOR ACTION) Councilmember Rettman requested that site plans and other documentation be discussed with District 6 and both the business and residential -community for their review and input. Adopted Yeas - 6 Nays - 0 15. Resolution`- 89-1863 = Approving assessment for Summary Abatements, Boarding-Uo of Vacant Buildings through the month of July 1989, an for Demolition of Vacant Buildings for August and September 1989, and setting date of public hearing for December 5, 1989. (FOR ACTION) Adopted Yeas - 6 Nays - 0 ORDINANCES 16. Final Adoption - 89-1573 - An ordinance amending the Administrative Code by adding a new chapter establishing and Parks & Recreation Commission for the City and providing for its Power and staffing. (FOR ACTION — Laid over from October 5th) Councilmember Rettman moved approval of the ordinance. Councilmember Long ,again raised the Per diem issue for consideration and amendments Councilmember Scheibel spokein opmosition to that amendment. He said the ordinance before us is establishing the Commission and he said there was agreement previously to look at'the' per diem issue. Roll call on the motion for approval of the ordinance. Adopted Yeas - 6 Nays 0 Ord. #17685 PUBLIC HEARINGS 30. Resolution - 89-1869 — Approving application for the transfer of Gambling Manager's License currently held by Thomas Law dba Hayden Heights Booster Club at the Kickoff located at 1347 Burns to Lester Hansen at the same addressr — No one appeared in opposition. Councilmember Dimond moved aporoval of the resolution. Upon question of Councilmember Goswiti, Councilmember Dimond stated previously there has been a problem with the oast owner but not the club. Roll call on approval of the resolution. Adopted Yeas - 6 Nays - 0 ORDINANCES 17. Third Reading - 89-1760 - An ordinance amending Chapter 60 of the Legislative Code b approving the' request of Pier 1 Imoorts to rezone property located at 727-733 Grand from B2 -C and B-3 to B-2 for expansion and 'off-street Parking. (FOR ACTION - Hearing held June 15th) Laid over to October 19th for Final Adoption. 18. Third Reading - 89-1761 - An ordinance amending Chapter 60 of the Legislative Code by approving the request of Oneida Education Center and Oneida Community College to rezone property located at 357 Oneida from RM -2 to OS -1 to oermit use of existing structure as an office building. (FOR ACTION - Hearing held July 13th) Laid over to October 19th for Final Adoption. 19. First Reading - 89-1864 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of the HRA located at 712, 714 and 716 Mackubin from RM -2 to P-1 to construct an off-street parking lot. (FOR ACTION - Hearing held July 6th) Laid over to October 19th for Second Reading. -588- 1 q` October 12, 1989 20. First Reading - 89-1865 - An ordinance amending Chaoter 229 of the Legislative Code pertaining to curfew restrictions on minors and the duties of parents. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. COMMITTEE REPORTS 21. Resolution - 89-1369 - Authorizing the Public Works Director to request a variance from NSA rules for the width of Victoria between Juno and James. (Public Works Committee recommends approval) No one appeared in opposition. Councilmembers Dimond and Goswiti moved approval of'the resolution. Adooted Yeas - 6 Nays'- 0 22. Resolution - 89-1370 - Authorizingthe Public Works Director to request a variance from MSA rules for the design 'geed of the horizontal curve on Victoria from W. 7th, to Tuscarora. (Public Works Committee recommends approval) No one,agpeared in opposition. Councilmember Goswiti moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 24. Resolution - 89-1551 - Accepting Harriet Island and Watergate Marina 1989 Market Studies. ,(Community & Human Services Committee recommends approval of a substitute resolution) Councilmember Rettman stated -the financing issue will be heard in Committee on Wednesday, November 15th. Councilmember Long moved an amendment to the substitute resolution changing language to read "acknowledges and receives", and Councilmember Rettman accepted that as friendly. Roll call on the substitute resolution as amended. Adopted, Yeas - 6 Nays - 0 PUBLIC HEARIKGS. 25. Third Reading - 89-1809 - An ordinance amending Chapter 56 of the Administrative Code pertaining .to the City's, budget calendar. No one appeared in opposition. Laid over to October 19th for Final Adoption. 26. Hearing to consider the petition for a Lot Split with variance by Mike Maggi for property located at 850 Forest and 849 Duchess between the railroad tracks and Sims. (Laid over from October 5th) No,one,aooeared in opposition. Chuck McGuire -;of, PED appeared and stated he does not anticipate any opposition to this request for lot split and he Presented his staff report with a recommendation for approval. Councilmember Dimond and Goswitz moved approval of the lot solit. Adooted Yeas - 6 Nays - 0 27. Resolution - 89-1866 - Approving application for the renewal of State Class A Gambling License aoolied for by Rice Street Athletic Club located at 1079 Rice. No one appeared in opposition.. Councilmember Rettman moved approval of the resolution. Adooted Yeas - 6 Nays - 0 - 589 - i - 590 - e' 1 r k4�f-ti.-i+ October 12, 1989 -v 28. Resolution - 89-1867 - Approving aoplication for State Class B Gambling License ". n applied for by the St. Paul Fire Fighters Local 21 at Joses' located at 825 Jefferson. No one aooeared in opposition. r ' ct Upon. question ofCouncilmember Sonnen, Christine Rozack of the License Division f yf* s s appeared and said this organization has established they are non-profit. i Rich teitner appeared representing Local 21 and said he is also the gambling 4 manager and he explained how they plan to use their funds. 'possible Councilmember Sonnen exoressed some concerns about use of the funds. Councilmember Scheibel said this is no different from other civic organizations R. x raising funds. Councilmember Dimond spoke in support and moved approval of this and the following resolutions. Councilmember Rettman spoke in support of the resolutions. 4 Roll call on approval of Items 28 and 29. Adopted Yeas - 6 Nays - 0 29. Resolution'- 89-1868 - Approving application for Gambling Manager's License applied for byy Richard Leitner dbi St. Paul Fire Fighters Local 21 at Joses' located at 825 `Jefferson. See discussion above) Adopted Yeas - 6 Nays - 0'' 31. Resolution` '89=1870 - Approving application for General Repair Garage License applied for by Cas -Dahl Auto Service located at 62 W. Wipifred. No one aooeared in opposition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 6 Nays - 0 32. Resolution - 89-1871 - Anoroving aoolication by Habib Enterprises, Inc. dba Khyber Pass Cafe located at '1399 St. Clair for Strong Malt Beverage License in conjunction with the On SaleWine and Restaurant Licenses. No one aooeared in 0000sition. Upon question of Councilmember Long, Christine Rozack stated this establishment Ycurrently has wine and strong beer licenses and there is no problem with nark' Councilmember Long moved approval of the resolution. Adooted Yeas - 6 Nays - 0 33. Resolution - 89-1872 - Approving aoolication for Parking Lot License applied for by L & L Parking, Inc. located at -270 E. 4th Street. No one appeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 Y 23. Resolution - 89-1496 - Adopting the study of the street lighting in St. Paul, ry directing its transmittal to the neighborhood contact list, Long Range CIB ?� a Committee, Planning Commission and appropriate City staff and allowing District 314 kS Councils to create street lighting plans which identify exceotions, and max, requesting the Planning Commission to establish criteria as stated. (Public Works Committee recommends aooroval with amendment) — 7 It was noted that the Public Works Committee recommends aooroval of an amended r substitute resolution. Mark VanderSchaf of PED aooeared his staff report and oresented and explained _ the substitute resolution, the draft street lighting policy and the language for the three options. Councilmember Sonnen sooke in support of Ootion No. 1, and Councilmember Long 4 also spoke in support of Option No. 1. (Discussion continued on following gage) i - 590 - October 12, 1989 (Discussion continued from brevious oage) Councilmember Rettman said a lot of hard work has gone into this resolution and she said reluctantly she could go with a 70% assessment but would prefer 60% and that she is in favor of Option No. 3 because it gives the oeople.a choice. Councilmember 5cheibel said he believes Ootion No. 3 would divide a'neighborhood and he requested further information -on' 30% and 33-1/3% and that he believes some CIB funds should be involved. Councilmember Dimond sbbke in support of Option No. 1 and said he feels it is a step forward in ,quality and he moved apro pval of Option No. l setting 'a 40% assessment. Councilmember Long explained why he favors Option No. 1 and said it does benefit abutting orooerties. Councilmember Goswitz spoke in support of Option No. 3 but said he would tike to know the costs involved' with 30% and 33%. Councilmember Sonnen agreed it would be'good to know the 'other costs but said we are up against 1990 construction projects already going to hearings in the neighborhoods and mole need answers to their questions on assessments and she would prefer to adopt something today. There was some discussion and Councilmember Dimond amended his previous motion to 30% assessment. Councilmember Scheibel spoke in support of that motion. Councilmember Rettman expressed her appreciation for that motion but said she still maintains .that 25% for the neighborhoods would be a lot .better and therefore wi11 vote against the motion.' Roll call on the motion for amending the assessment to 30 percent. Adopted Yeas - 4 Nays - 2 (kettman/Goswitz) Roll call on the resolution: ` Adopted Yeas - 5 Nays - 1 (Rettman) Councilmember Long moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ADJOURNED/A/T�10:05 A. M. zCouncil President ATTEST: Copies sent to Councilmemhers j/- 7- Minutes aporoved'by Council ha�A yrABO -591- MINUTES OF THE BOARD OF HEALTH 10:05 A.M. THURSDAY, OCTOBER 12, 1989 COUNCIL CHAMBERS - CITY HALL 8 COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 10:05 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen Absent - 1 - Councilmember Wilson (excused) 1. Resolution..- 89-1873 Aooroving the St. Paul Component of Community Health Services.Plan Update. (Judy Barr)' Judy Barr appeared and explained the resolution and said a public hearing was held regarding the update and that the Advisory Committee recommends that the Board of Health approve the resolution and she outlined highlights%of'the update. Councilmember Scheibel stated this is a very thorough report. - Upon question of Councilmember Rettman, Ms. Barr said health clinics continue to be a part of the planning process and upon Councilmember Rettman's request Ms. Barr stated it will be,clearly identified as well as AIDS. Councilmember Sonnen referred to oroblems of •paint with lead and said although it is an ordinance it is not enforced and she said it is affecting the health and economic feasibility of the City. meeting said sherwillerred ha a ao report on leaded for s toard of, that timelalongwith housingin related items. - Uoon question of Councilmember Goswitz, Ms. Barr said solid waste management and plastics is_a merging problem. Councilmember Rettman moved approval of the resolution with amendments to community Roll call . clinics and AIDS. Adopted Yeas - 6 Nays - 0 2. Community Health Services Subsidy for 1990 and 1991. (Judy Barr) Judy Barr explained the subsidies that will be received and how the funds will be spent. 3. Report from the St. Paul-Ramseyy County Community Health Services Advisory Committee. (Chair of the CHS Advisory Committee), Judy Barr referred to some difficulties and to the need for better Advisory Committee meetings and she said right now she doe's not have.a-major report to present. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 6 Ways - 0 ADJ0URNED�A�T 10:25 A. M. t oundIFresie3 n� ATTEST: Conies sent to Cpuncilmenbers //-_2/-,L9_ Minutes approved by Council / 9 -S- 8 5P _*1 Y er .. ASO.PMK - 592 - MINUTES OF THE COUNCIL 9:00 A.M OCTOBER 17, 1989 COUNCIL CHAMBERS - CITY HALL.&COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by 'Vice President Wilson at 9:00 A.M. Present - 5 - Councilmembers Dimond, Goswiti, Long, Rettman, Wilson Absent - 2 - Councilmembers Scheibel and Sonnen It was noted .that Councilmember Scheibel was excused from today's meeting and Councilmember Sonnen is attending a meeting with PED staff and will arrive shortly.. :.. CONSENT AGENDA Councilmember Dimond moved approval of the Consent Agenda. Adooted Yeas - 5 '. Nays - 0 1. Claim of Agnes Inman,1661.E. Idaho, filed,October 5. 1989, was read. Referred to the City Attorney s Office. Claim of John Katusky,6088 Uooer 51st, filed October 4, 1989, was read. Referred.to the City Attorney's Office. Claim ofJames Larson;ii48 Dayton, filed October 4, 1989, was read. Referred, to ,the City_ Attorney's Office. Claim„of Mark Munkelw.itz, 13155 - 3rd Ave.. N., Lindstrom, MN 55095, filed October 4. 1989, was read. Referred to the City Attorney's Office. Claim of Thomas Novak, 1108 Montreal, filed October 5, 1989, was read. Referred to the City Attorney's Office. Claim of Jude Okney, 3116 Dean Court, filed October 6, 1989, was read. Referred to the City Attorney's Office. Claim of Craig and Kathleen Olson (Daniel O'Leary,.:attny.) filed October. 5, 1989, was read. Referred to ,the City Attorney's Office. Claim of August Post, 33 S. Hamline, filed October 6, 1989, was read. Referred to the City Attorney's_Officer Claim of John Steinhoff, P.O. Box 16218, filed October 6, 1989, was read. Referred to the City Attorney's Office. 2. Summons & comolaint in the matter of Timothy Bonniwell vs the City of St. Paul. Referred to the City Attorney's Office. 3. Communication and documentation of Sharon Anderson. Filed (CC #13202) 4. Letter of the State Deoartment of Revenue submitting Application No. 342663 of Michael Galvin, Sr. for reduction of assessed valuation for certain real estate in the City. Reoort of the Valuation Office was filed. (CC #13203) -593- i E J 1 1 October 17, 1989 5. Notices of Aooeals to Assessments by Caoitol Gears, Inc. (2), Tracy Oil Company, . F s j g t + = Grosvenor Properties, Ltd.(2), Montgomery Ward, Inc., Glenn Krinkie, and Concordia College (2) for the Marshall/Hamlin Area Storm Sewer- oroject as adopted by C.F. 89-.1682.., n�`, v saaa w Attached toC.F. 89-1682.., 5 Y 6. Resolution - 89-1874 - Establishing. the rate of pay for Health and Fitness Specialist in Grade 8, Section 103 of the Professional Employees Non -Supervisory in and Resolution. (First Standard Rangges the Salary Plan Rates of Compensation Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) n Referred to the Finance Committee. Y c 7. Resolution - 89-1875 - Establishing the rate of Day for Research Librarian in s Grade 7, Section ID3 of the Professional Employees Non -Supervisory Standard t{ Ranges in the Salary Plan and Rates of Compensation Resolution. (First Reading FINANCE : FOR REFERRAL TO THE COMMITTEE) Referred to the Finance Committee. 8. Resolution - 89-1876 - Amending the -1989 budget by transferring $4,600 from Contingent Reserve to Messenger Service for costs to continue inter -office mail services. (FOR REFERRAL TO,THE'FINANCE COMMITTEE) Referred to the Finance Committee. u 9. Resolution - 89-1877 - Amending the 1989 budget by adding $59,075 to the $ Financing & Spending Plans to meet payment obligations for contracts for service (FOR REFERRAL TO THE FINANCE COMMITTEE) N with nonprofit organizations. Referred•to the Finance Committee. 10. Resolution - 89=1878 - Authorizing' proper City officials to execute an agreement with the U.S. Department of Justice Drug Enforcement Administration to assemble } the Minnesota and local Task Force in metropolitan -wide law-enforcement concerning drug trafficking. (FOR ACTION) j Adopted Yeas - 5 Nays - 0 - 11. Resolution - 89-1879 - Authorizing proper City officials to execute a- Lease Agreement with Highland Area Hockey Association to construct, operate and i maintain an outdoor ice rinkeast of the old Highland Tower. (FOR ACTION) Adopted Yeas - 5 Nays - 0 12. Resolution - 89-1805 - Suspending licenses held by the American Legion Arcade Phalen Post No. 577 located at 1129 Arcade for a two day stayed suspension. (FOR ACTION - Hearing held October 5th) Booted Yeas - 5 Nays - 0 m ; Councilmember Dimond moved that the rules be suspended to consider an item not on the agenda pertaining to the Conway Heights Community Recreation Center and y�r he referred to the need for timeliness due to bids. Roll calPon suspension of the rules. Adopted. Yeas - 5 Nays - 0 } �l""r�`•"' i' Resolution - 89-1912 Amending the 1989 CIB budget by adding $295,350 for construction of the Conway Heights Community Recreation Center. t h " Upon question of Councilmember Rettman, John Wirka of the Parks -& Recreation Division aooeared and stated the Center will be 100 percent handicap accessible. Councilmember Dimond moved approval of the resolution. 3 Adooted Yeas - 5 Nays — 0 rt 594 - 1 1 October 17, 1989 ADDITIONAL ITEM Resolution -,89-1557 - Directing, Administration to begin immediate proceedings to acquire by power of eminent domain or other appropriate means the Phalen Creek Trail from Kellogg Boulevard on the south the Carpenteur on the north. (Housing & Economic Development Committee recommends approval - Laid over from October 12th) Councilmember, Wilson stated Commission, Finley has requested this item be heard on Thursday the 19th of October, .and he referred to a related resolution (C.F. 89-1821) in Committee and said he would like it recalled from Committee.today in order that both items can be be heard on Thursday. Councilmember Dimond stated he would prefer action today as it is a very important issue. Councilmember Rettman moved to recall C.F. 89-1821 from Committee for Placement on the. Thursday,. October 19th City Council agenda. Roll call on the motion for recall. _ Adoted Yeas - 5 Nays - 0 Councilmember Long moved an amendment to the language of C.F. 89-1557 on today's agenda in:suuoort of the option for the LRT at this location and he said this language:will' be part of the discussion on Thursday.., Councilmember Dimond accented that, motion as friendly and strongly requested Commissioner Finley be present at Thursday's meeting. Roll call on the motion for amendment to the ianguage of C.F. 89-1557. Adopted Yeas - 5 Nays 7 0 Comm REPORTS 13. Hearing to consider the appeal of Rachel Ziebermao to a Summary Abatement Order for orooerty located at 2005 Pinehurst. (Public Works Committee recommends appeil,,be granted), Chris Nicosia of the; Public :Works Deoartment aooeared and said Ms. Zieberman's apoeal was for an extension of time in order for the work to be completed and Public Works agreed to that request. ` John Betz of the Health Division appeared and stated at reinspection the work was comolete and their file on this item is now completed. Councilmember Long moved approval, of the appeal. AdoptedYeas - 5 Nays 0 (CC #13204) ORDINANCES 14. First Reading - 89-1880 - Ad ordinance amending Chapter 60 of the Legislative Code and rezoning property of Curtis Pasch located at 647 E. Maryland from RT71 to P-1 to develop an off-street parking facility. (FOR ACTION - Hearing held June 15th) Laid over to October 24th for Second Reading. 15. First Reading - 89-1881 - An ordinance amending Section, 409.07 of the Legislative Code to change the hours of sale for intoxicating liquor licenses on Sundays in conformity with recent state law changes. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. PUBLIC HEARINGS 16. Hearing to consider the appeal of William Berry to a Summary Abatement Order for oroperty located at 1095 W. 7th Street. John Betz of the Health Division appeared and said upon reinspection this Drooerty was found to be in compliance and he withdrew the Order. No action taken. (CC #13205) - 595 - rp { October 17, 1989 17. Hearing to consider the,auneal of Jeffrey and Judy Otto to a Summary Abatement Order for property located at 391 Topoing., John Betz of'the Health Division appeared and said upon reinspection this orooerty..was found to bean compliance and.he withdrew the Order.. No action taken. (CC #13206) 18. Resolution - 89-1882 - Ratifying _assessment for construction of the Cleveland/Portland Area Storm Sewer project. .(Public Works Committee recommends approval ) Noone appeared in opposition moved :approval .of the resolution. Adopted Yeas.- 5,; :i Nays - 0 19. Resolution = 89-1883 - Ratifying assessment for the C1,evelan d/Portland Area Street Paving & Lighting project. (Public Works Committee recommends_ approval) No one appeared in opposition. Council member Goswitz moved approval of'the'resolution.. Adopted Yeas -: 5 Nays 0 20. Resolution - 89-1884 - Ratifying assessment by improving Selby Avenue between Howell and Fairview as oart of .the Cleveland/Portland Area Street Paving, & Lighting project. (Public Works Committee recommends approval) No one apoeared in 0000sition. Councilmimber Goswiti moved anoroval.of the resolution. Adooted Yeas -.5 Nays - 0 Councilmember Sonnen arrived at this, point in .the meeting. 21. Resolution - 89-1885 -Ratifying assessment in _conjunction with the Syndicate/Fairmount Area Street Paving & Green Lantern Street Lighting.. project. (Public Works Committee recommends approval) No one:aooeared:in opposition. Councilmembers Dimond and Goswitz moved approval of the resolution. Adopted Yeas - 6 Nays - 0 i 22. Resolution - 89-1886 -. Ratifyingassessment for construction of :the Syndicate/Fairmount Area Storm Sewer project. (Public Works Committee. recommends approval) No one appeared in opposition. Councilmembers Dimond and Goswitz moved aooroval of, the. resolution. Adopted Yeas - 6 Nays - 0 23. Resolution - 89-1887 - Ratifying assessment by improving Sargent between Snelling and Pascal in conjunction .with the Syndicate/Fairmount Area Street Paving & Lighting project. (Laid over indefinitely in Public Works Committee) Laid over indefinitely. 24. Resolution -:89-1888 Ratifying assessment for constructing the green lantern style street lighting system on St. Clair from Snelling .to Lexington Parkway in conJunction with the Syndicate/Fairmount Area Street Paving & Lighting project. (Public Works Committee recommends approval) No one appeared in opposition. Council members Dimond and Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 -596- ... �. v� s w October 17, 1989 •A - 1 25. Resolution - 89-1889 - Ratifying assessment for summary abatement for towing abandoned vehicles for the period of February through June 1989 for 487 Banfil, 1141 Lincoln, 62 Winifred and 1628 Van Buren. (Laid over from September 19th) John Betz of the Health Division aooeared and oresented his staff reoort on 4 mat" w z property located at 487 Banfil and said three vehicles were towed to the City's impound lot. Richard Caanan appeared and said he believes the vehicles were taken illegally It t ? and that a reinspection.was never made. Mr. Betz stated reinspection was made on May 24, 1989 and the vehicles were 1 removed on May 31, 1989. There was some discussion and Mr. Caanan said his attorney is enroute and this •. item was held over until Mr. Caanan's attorney arrived. Later in the meeting Joan Bettenberg, attorney representing Mr. Caanan, aooeared l and said she -has, just met Mr. Betz and has not: had a chance to meet with him but gt her client feels the removal of the vehicles was wrongful and the cost excessive. There was some discussion.and Councilmember Goswi.tz moved this property be laid over for one week in order for Ms. Bettenberg to meet with John Betz. Adopted Yeas - 5 Nays - 0 Councilmember Sonnen left during.the above discussion and returned. John Betz presented his staff report on property located at 1141 Lincoln. James Arnold said he is a tenant at this address and is the owner of the vehicle towed and protested the validity of the order and the towing costs. Councilmember Wilson explained notice is sent to the Property owner and Mr. Betz explained the towing and impound costs involved. There discussion City Attorney Ed Starr riJY yi was considerable and stated assessments are. against orooerties and: made comment to abandoned vehicles on streets.and he f, said.,if there is a request for revision it would require indepth research.. . Councilmember Dimond requested the City, Attorney prepare some general advice on abandoned vehicles left on orooerties as well as abandoned vehicles on streets. Council member.Rettman stated work by the City was done at this property and she moved aooroval of the assessment. Upon question of Mr. Arnold, Mr. Betz stated at one time they did use a green sticker. method .as a matter of.good faith until. they were notified by the City Attorney's Office this method. did not provide legal notification of intent to tow and therefore they no longer use that method. 1 Councilmember Sonnen left at this point and returned later in themeeting. Councilmember Rettman said storage of vehicles on properties is a nuisance to JJ the neighborhood and the owners have a responsibility to keen vehicles operable or stored properly. She said clearly 310 days notice was :given and it is a unfortunate the owner did not contact the tenant sooner. Councilmember Dimond called the question. Adopted Yeas - 5 Nays - 0 John Betz stated no one is oresent for oroperties located at 62 Winifred and 1628 Van Buren and he recommended ratification.' Councilmember Dimond so moved. Adopted Yeas - 5 Nays - 0 Councilmember Sonnen returned to the meeting at this point. 26. Resolution - 89-1890 - Approving application for the renewal of Class A Gambling License applied for by Hamline American Legion Post No. 418 located at 1079 Rice. r No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 597 - i .i MINUTES OF THE COUNCIL x 9.00 A.M OCTOBER 19, 1989 . } t; COUNCIL CHAMBERS - CITY HALL & COURT HOUSE >F SAINT PAUL, MINNESOTA „x �x k The meeting was called to order by President Scheibel at 9;05 A.M. Present - 7 - Councilmembers Dimond, Goswitz,Long, Rettman, Scheibel, Spnnen, ' Wilson Absent - 0 - CONSENT AGENDA.; " Councilmember Scheibel noted there is a substitute resolution for Item No. 7 Oki' which deletes Terry McGrath's'name from the appointment to the Board. ; T Councilmember Dimond moved approval of the Consent Agenda with the change noted above. Roll call. Adopted Yeas -,7 Nays - 0 1. Claim of Donald Foltz, i Referred to the City Attorney's Office. ^J Claim of Rita Roberts, Referred to the City Attorney's Office. 2. Administrative Orders D-10496 through D-10590 were noted as on file in the City Clerk's Office. 3. Resolution - 89-1892 - Approving reappointments by the Mayor of James Bl aha and Kathryn Anderson to the Food anNutrition Commission. (FOR ACTION) Adopted Yeas - 7 Nays - 0 4. Resolution - 89-1893 - Approving the appointment by Mayor of Carl Scheider and the reappointments of Stan Fishman Allen Hester and Patricia Banks to the Overnight Shelter Board. (FOR ACTION] Adopted Yeas - 7 Nays - 0 5. Resolution - 89-1894 - Approving the appointments by the Mayor of Ramon Zamora, Robert Frame, Dr. Arnold Vinson, Frank Chiodi and Karen Gray and the Rights Commission. (FOR reappointment of Dede Wolfson to the St. Paul Human REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 6. Resolution - 89-1895 - Approving the appointment and reappointment by the by the Mayor of Frank Horak and Dennis Osborn to serve on the Board of Zoning Appeals. (FOR ACTION) Adopted Yeas - 7 Nays - 0 7. Resolution - 89-1896 - Approving the reappointment by the Mayor of William Tilton to serve on the Board of Aooeals and Review for the Housing, Building & - — ' Fire Prevention Codes. (FOR ACTION) ((See discussion at beginning of meeting) Adopted Yeas - 7 Nays - 0 8. Resolution - 89-1897 - Authorizing proper City officials to execute a joint purchasing agreement with the City of Maple Grove for the purchase of equipment, material and supplies as needed. (FOR ACTION) Adooted Yeas - 7 Nays - 0 - 599 - `u x October 19, 1989 9. Resolution - 89-1898 - Reversing a decision of the Planning Commission and approving application of Ronald Goetz for a Nonconforming Use Permit for property located at 2048 Bohland to continue as a six unit apartment. (FOR ACTION - Hearing held September 21st) Adopted Yeas - 7 Nays - 0 10. Resolution - 89-1899 - Accepting from the Sylvan Booster Club an equipment storage facility on the Sylvan Recreation Center grounds. (FOR ACTION) Adopted Yeas - 7 Nays - 0 11. Resolution - 89-1900 - Approving the acquisition of Lots 5 and 6, Blk. 6, Edwin M. Ware's Cumberland Addn. located on Wheelock Parkway between Nebraska and Hoyt for the ouroose of Wheelock Parkway expansion with the owner to be paid $49,000. (FOR ACTION) Adopted Yeas - 7 Nays - 0 ADDITIONAL, ITEMS Resolution - 89-1557 - Directing Administration to begin immediate proceedings to acquire by power of eminent domain or other appropriate means the Phalen Creek Trail from Kellogg Boulevard on the south to Larpenteur on the north. (Housing & Economic Development Committee recommends approval - Laid over from October 17th) (Resolution not adopted - See discussion below) Resolution - 89-1821 - Approving comments of the Planning Commission on the Ramsey County Regional Rail Authority's Comprehensive LRT Plan. (Laid over from October 17th) Commissioner John Finley appeared in support of this resolution and in support of a joint use with the County: Councilmember Dimond spoke in support of a joint acquisition and he referred to financial liability concerns if it is acquired only by the County. He urged Council to not turn over our rights to the County and he said a joint ownership would show good faith on the part of the County. Commissioner Finley responded to comments made by Councilmember Dimond and said the basic concern of Councilmember Dimond is opposition to LRT. Councilmember Rettman said both the City and the County represent the people and she said we can adopt a resolution today which would secure the LRT usage and have a joint management agreement before us within 30 days. Councilmember Scheibel suggested we take Councilmember. Long's amendment to C.F. 89-1557 voted on this oast Tuesday and add it to C.F. 89-1821 and strike language Pertaining to acquisition and ownership and proceed with getting a joint agreement. He, said C.F. 89-1821 is_,a, very cautious resolution and does not, preclude anything. Councilmember Long explained his amendment referred to above and sooke in support of using that amended language on C'.F. 89-1821. Councilmember Wilson said both the City and the County have interests in this item and he spoke in support of C.F. 89-1821: He said it is important to go forward on this and keen our options poen. Councilmember Dimond said this is only a possible alignment to the Dark system and he doesn't know if the LRT will be used and therefore it is not necessary_ for the County to own it. Councilmember Scheibel recommended another amendment to. C.F. 89-1821 that the City will continue to plan for the LRT with a joint powers agreement to permit the City to proceed with acquisition if the County does not do so. Commissioner Finley spoke in support of that amendment. Councilmember Rettman moved approval of the amendments above with the joint oowers agreement to be before Council within 30 days. (Discussion continued on following page) - 600 - i nu I 3 - 601 - AM1." E' ". !A"'��W^%:N..v� G..y, •N. -r: a acv,!. t ': - . .. ... ...� _- - October 19, 1989 r(Discussion continued from previous page) ZY Roll call on the amendments. Adooted Yeas - 7 Nays - 0 Councilmember Dimond recommended an amendment to the resolution to include in . ` at 'rr the study the 35-E and Highway 36 corridor, and after some discussion there was agreement that language is included for all areas to be studied. Councilmember Rettman moved approval of the resolution as amended. Roll call. Adooted Yeas - 7 Nays - 0 r ORDINANCES 12. Final Adootion - 89-1760 - An ordinance amending Chapter 60 of the Legislative Code by approving therequest of Pier i Imports to rezone property located at f , 727-733 Grand from B2 -C and B-3 to B-2 for expansion and off-street Parking. (FOR ACTION - Hearing held June 15th) Councilmember Rettman moved aooroval of the ordinance. p " Adooted Yeas - 7 Nays - 0 Ord. #17686 13. Final Adoption - 89-1761 - An ordinance amending Chapter 60 of the Legislative Code by approving the request of Oneida Education Center and Oneida Community College to rezone property located at 357 Oneida from RM -2 to OS -1 to permit use !I of existing structure as an office building. (FOR ACTION - Hearing held July 13th) Councilmember Rettman moved aooroval of the ordinance. Adooted Yeas - 7 Nays - 0 Ord. #17687 r 14. Final- Adoption - 89-1809 - An ordinance amending Chapter 56 of the Administrative Code pertaining to the City's budget calendar. Lv Councilmember Rettman moved aooroval of the ordinance. Adooted Yeas - 7 Nays - 0 Ord. #17688 15. Second Reading - 89-1864 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of the HRA located at 712, 714 and 716 Mackubin from RM -2 to P-1 to construct an off-street parking lot. (FOR ACTION - Hearing held July 6th) Laid over to October 24th for Third Reading. 16. First Reading - 89-1901 - An ordinance amending Chapter 161 of the Legislative Code pertaining to snow emergency routes and establishing a pilot snow emergency plowing program. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 17. First Reading - 89-1902 - An ordinance repeating in its entirety Section 402.05 of the Legislative Code to investigative fees pertaining gambling and enacting a new. Section 402.05 with a 3% tax on net oroceeds from Charitable Gambling. (FOR ACTION) Upon request of Councilmember Rettman this item was referred to the Community & Human Services Committee. Referred to the Community &,Human Services Committee; CORMITTEE REPORTS 18. Resolution - 89-1676 - Approving the appointments by the Mayor of Mark Vaught and Jim Curran to serve on the Planning Commission. (Housing & Economic -, -j Develooment Committee recommends aooroval) There was some discussion and Councilmember Wilson moved aooroval of the resolution. Adooted Yeas - 7 Nays - 0 nu I 3 - 601 - October 19, 1989 (Discussion continued from Previous oage) John Betz appeared pertaining to orooerty at 1159 Jessie. It was noted no one was present in the Council Chambers reoresenting this Dro pe. Councilmember Rettman explained this had been laid over because the green card had not been returned and therefore staff did not have the file at the last meeting.She referred to pending litigation in this matter and she stated debris was removed from this property by the City and she moved approval of the assessment. It was noted again no one was present in the Council Chambers on this Property. Adopted Yeas.- 7 Nays.:- 0 Councilmember Goswitz left at this point and returned later in the meeting. I 24. Resolution - 89-1904 - Ordering the repair and/or demolition of orooerty located i at 1014 Kent. (FOR ACTION) j Councilmember Rettman stated attorney's are present today on this item and an agreement has been reached. Steve Roy appeared and PPresented his staff report on this orooerty and he referred to cooperation of the owners and recommended compliance by January 15, 1990. Councilmember Rettman moved aooroval of the resolution with a 90 day completion date. She said the owners will be meeting with City staff regarding the reuse of the property once the structure is down and she referred to a letter she ; received on the impact of the structure to the neighborhood. Councilmember Dimond requested that the Minnesota Historical Society be notified of this action in order to obtain proper documentation. Roll call on the resolution. Adooted Yeas - 6 Nays - 0 t Councilmember Goswitz returned to the meeting at this ooint. 25. Resolution - 89-1905 - Ordering the repair and/or demolition of orooerty located at 1369 Marion. (FOR ACTION), It was noted the owner is present in the Council Chambers. Steve Roy appeared and presented his staff report on this item and he gave some background information and he expressed concern if the 30 days was extended. Louis Fenerlow, 3844 N. Emerson Ave., appeared and said he purchased the property from HUD and was told there were no problems with the acquisition and he requested he be given until March of 1990 to make the necessary repairs. Councilmember Rettman said the deficiency list is very detailed and she said her Aide has sooken with Mr. Fenerlow and suggested he consult a lawyer pertaining to HUD. She said she has no sense that the financing needed will be available within 30 days and it is crucial to go ahead and she moved approval of the resolution. Upon question of Councilmember Rettman, Mr. Roy said his recommendation is for 3b days and if in that time financing is made available he would also like to see a plan, contracts with completion dates and timelines. Roll call on the motion for approval. Adopted Yeas - 7 Nays - 0 30. Resolution - 89-1906 - Approving application transferring Hotel/Motel License currently issued to Travelodge International, Inc. located at 149 E. University to Harikrishna, Inc. dba Travel Inn located at the same address. Chris Van Horn of the Licensing Division appeared and said the delinquent taxes have now been Daid and they are recommending approval of the resolution. Jim Smiley, Assistant Manager, and the Manager appeared and answered questions of Councilmembers, and Ms. Van Horn stated their tax status will not change. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 6 Nays - 1 (Goswitz) - 603 - t October 19, 1989 19. Resolution - 89-1591 - Adooting the District 16 Plan as part of the Comprehensive Plan. (Housing & Economic Development Committee recommends approval ) Councilmember Wilson moved approval of the resolution. Adooted Yeas - 7 Nays - 0 n 20. Resolution - 89-1640 - Requesting the St: Paul Riverfront Commission to undertake a study for a portion of the downtown riverfront area with objectives as listed, appropriate funds to hire consultants, designate an advisory task force and prepare a report with recommendations within 180 days. (Housing & Economic Development Committee recommends approval) Upon request of Councilmember Long, Cooncilmember Dimond explained the resolution and Councilmember Wilson stated there has been no 0000sition from the Riverfront Commission. r Councilmember Sonnen moved approval of the resolution. Adooted Yeas - 6 Nays - 1 (Goswitz) 21. Resolution - 89-1758 - Adopting the Selby Avenue Plan amendments to the Plan for Land Use as part of the St. Paul Comorehensive Plan. (Housing & Economic Develooment Committee recommends aporoval) Councilmember Wilson said this will tie into the overall Selby Avenue develooment and sets a firm plan in glace with support from the total community and he moved approval of the resolution. Roll call. d Adopted Yeas - 7 Nays - 0 i PUBLIC HEARINGS j 22. Third Reading - 89-1576 - An ordinance amending Chapters 60 and 62 of the 4 Legislative Code pertaining to zoning text changes related to restaurants. (Housing & Economic Develooment Committee recommen s approval) No one appeared in opposition. Upon question of Councilmember Sonnen, Chuck McGuire of PED stated language has been reviewed and is consistent with the noise ordinance pertaining to enforcement of the speaker box stands. Upon question of Council, Mr. McGuire referred to language being deleted pertaining to excessive litter and he said it is staff's position it is redundant. Councilmember Rettman moved that the language pertaining to excessive litter remain and Councilmember Wilson accepted that as a friendly motion. Roll call on the notion for amendment. Adooted Yeas - 6 Nays - 1 (Sonnen) Upon question of Councilmember Goswitz, Mr. McGuire explained excessive artificial lighting: Laid over to October 26th for Final Adoption. 23. Resolution - 89-1903 - Ratifying assessment for summary abatements for prooerty clean up through the month of July 1989 for properties at 712 Hague and 1159 Jessie. (Laid over from October 5th) John Betz appeared Pertaining to orooerty at 712 Hague and gave a brief background and said it is their conclusion debris was on this property. The owner appeared and said it is his property but not his debris and he said as theohotograohs show the debris was in bags next to a dumpster for pick and he feels he should not be charged. There was some discussion and Councilmember Wilson said we have no alternative but to proceed with the assessment and he moved approval of the assessment. Roll call. Adooted - Yeas - 6 Nays - 1 (Goswitz) (discussion continued on following cage) - 602 - October 19, 1989 31. Resolution - 89-1907 - Approving application for State Class B Gambling License applied for by Epilepsy roundation of Minnesota at the Clover Club located at 501 W. University. No one aooeared in opposition. Councilmember Wilson moved aoproval of the resolution. Adopted Yeas — 7 Nays - 0 32. Resolution - 89-1908 - Approving application for Class A Gambling Location License applied for by O'Connell's Clover Club, Inc. located at 501 W. University. No one appeared -in opposition. Councilmeinber Wilson'moved aoorovab of the resolution. Adopted Yeas - 7 Nays - 0 33. Resolution - 89-1909 - Approving applicatioh for. -Gambling Manager's License ub'located at 501:W. University. Minnesota'at the Clover C No .one aooeared in opposition. C applied for by Marlin Possehl d a pilepsy, Foundation of- louncilmeinber Wilson moved �a proval oftheresolution. Adopted Yeas - 7 : Nays - 0 34. Resolution - 89-1910 - Approving application for Gambling Manager's License applied for by Marlene 7hilggen.dba Lower East Side Football Association at Herge's'Bar located -at -981 University. No one aooeared in 0000sition. Councilmember Goswiti moved approval of the resolution. Adopted Yeas - 7 Nays 0 - 35. Resolution - 89-1911 - Approving application for Massage Therapist License applled:for by -Janice Dixon dba Janos Takacs European & Therapeutic Sports Massage Center.located at 1619 Dayton. No one -appeared in opposition: Councilmember Sonnen moved approval of the resolution. Adopted Yeas _ 7 Nays -.0 26. Appeal by West Seventh- Street Car Wash to a decision of the Planning Commission which denied a Special Condition Use Permit with modification for expansion of the car wash located at 536 Clay Street. Rollie Crawford,: attorney representing the aooellant, appeared and gave a brief background on this site and distributed photographs of the area and he explained the appeal. He distributed a petition of neighbors in support and he said this isnot an expansion - but a modification within the existing structure. Councilmember Scheibel said he is familiar with this item and he is recommending the aooeal be granted due to the petition, evidence of hardship, it is not an expansion and due to the support of the neighbors in the area and its history of being a good facility. Upon question of Councilmember Rettman, Mr. Crawford stated the exit will not changge. Mr. McGuire stated the exit for the wash line will remain and he made comments to'a possible small increase in traffic and he answered • further questions of Councilmembers.• ' Councilmember Rettman left the meeting at this point and returned later. No one else appeared. Councilmember Long moved the appeal be granted based on comments made by Councilmember Scheibel and on support petition by the neighbors. Roll call. Adopted Yeas - 5 Nays - 1 (Dimond) Councilmember Rettman returned to the meeting at this point. - 604 - j I k�C F i k � +r �t yet October 19, 1989 27. Appeal by Jeffrey Kantner to a decision of the Planning Commission which denied a Nonconforming Use Permit for a three-olex occupancy of a two-family residential unit located at 1800 Englewood. Chuck McGuire of PED presented his staff report and background information. Mr. Beck, attorney reoresenting Mr. Kantner, aooeared and explained the unique request for the appeal and he said District 11 is in full support. Susan Marshak of district 11 Midway Coalition appeared in support of the aooeal and further explained the unique circumstances. Pat Tykon. 1794 Englewood, appeared in support of neighbors and encouraged the Council to vote for the appeal. LYIe Young, 1807 W. Minnehaha, appeared in opposition to the appeal and said this is nota triplex and has always been a duplex. No one else appeared. Roll call to close the public hearing. Adooted - I j: Yeas = 7 Nays - 0 Councilmember,Sonnen said this .property ;was oreviously before Council as a rezoning issue on a solit vote and she referred to the,need to.be flexible on this issue. She said'she does not agree it will, set a precedent and Council must look at others in the.futureon a case-byy-case basis. She stated she feels the Planning Commission errpred in their Findings 1, 2 and 6 and she moved approval of the appeal. Councilmember Dimond spoke strongly against the motion. Upon question of Councilmember Long, Mr. McGuire said the request is for :the structure to remain a duolex with the third unit as a caretaker unit and that it does not meet the standards of a triplex. Councilmember Scheibel said it is his desire to grant the aooeal but he does have concern with setting a precendent. Councilmember Rettman said this exception would set a precendent and she will not be voting for the motion because she believes it is:a duolex. Upon :question of Councilmember Long, Mr. McGuire said there is no way the City can enforce on a case-by-case basis and. approving this aooeal would make enforcement more difficult and would sent the wrong message to other landlords, in the City. Councilmember Scheibel stated covenants are legal but are not binding and he said he would be comfortable with a covenant if at a future time the structure is sold it would be sold as a duplex, and Mr. Kantner sooke in agreement with that. Councilmember Long moved a three week layover in order to get the covenant in writing and said he will not support it without the language reviewed for validity. Councilmember Dimond sooke in opposition to a covenant. Councilmember. Rettman said she will not su000rt the motion for layover nor will she support the, original motion approving the aooeal Councilmember Long.renewed his motion fora three week layover to November 9th. Roll call Adopted Yeas - 5 Nays - 2 (Rettman/Dimond) Laid over three weeks to November 9th. At this time Councilmember Rettman introduced members of the Girl Scout Tr000 408 present in the Council Chambers, and. Councilmember Wilson oresented to the Girl' Scouts red ribbons to wear in honor of Red Ribbon Week for a drug free city. Councilmember Rettman left the meeting at this point and returned later. - 605 - I i; N k�C F i k � +r �t yet October 19, 1989 27. Appeal by Jeffrey Kantner to a decision of the Planning Commission which denied a Nonconforming Use Permit for a three-olex occupancy of a two-family residential unit located at 1800 Englewood. Chuck McGuire of PED presented his staff report and background information. Mr. Beck, attorney reoresenting Mr. Kantner, aooeared and explained the unique request for the appeal and he said District 11 is in full support. Susan Marshak of district 11 Midway Coalition appeared in support of the aooeal and further explained the unique circumstances. Pat Tykon. 1794 Englewood, appeared in support of neighbors and encouraged the Council to vote for the appeal. LYIe Young, 1807 W. Minnehaha, appeared in opposition to the appeal and said this is nota triplex and has always been a duplex. No one else appeared. Roll call to close the public hearing. Adooted - I j: Yeas = 7 Nays - 0 Councilmember,Sonnen said this .property ;was oreviously before Council as a rezoning issue on a solit vote and she referred to the,need to.be flexible on this issue. She said'she does not agree it will, set a precedent and Council must look at others in the.futureon a case-byy-case basis. She stated she feels the Planning Commission errpred in their Findings 1, 2 and 6 and she moved approval of the appeal. Councilmember Dimond spoke strongly against the motion. Upon question of Councilmember Long, Mr. McGuire said the request is for :the structure to remain a duolex with the third unit as a caretaker unit and that it does not meet the standards of a triplex. Councilmember Scheibel said it is his desire to grant the aooeal but he does have concern with setting a precendent. Councilmember Rettman said this exception would set a precendent and she will not be voting for the motion because she believes it is:a duolex. Upon :question of Councilmember Long, Mr. McGuire said there is no way the City can enforce on a case-by-case basis and. approving this aooeal would make enforcement more difficult and would sent the wrong message to other landlords, in the City. Councilmember Scheibel stated covenants are legal but are not binding and he said he would be comfortable with a covenant if at a future time the structure is sold it would be sold as a duplex, and Mr. Kantner sooke in agreement with that. Councilmember Long moved a three week layover in order to get the covenant in writing and said he will not support it without the language reviewed for validity. Councilmember Dimond sooke in opposition to a covenant. Councilmember. Rettman said she will not su000rt the motion for layover nor will she support the, original motion approving the aooeal Councilmember Long.renewed his motion fora three week layover to November 9th. Roll call Adopted Yeas - 5 Nays - 2 (Rettman/Dimond) Laid over three weeks to November 9th. At this time Councilmember Rettman introduced members of the Girl Scout Tr000 408 present in the Council Chambers, and. Councilmember Wilson oresented to the Girl' Scouts red ribbons to wear in honor of Red Ribbon Week for a drug free city. Councilmember Rettman left the meeting at this point and returned later. - 605 - 17, October 19, 1989 w i o 29. Petition of Victor Rosenblum to rezone property located at 271 N. Snelling from B-3 to I-1 to light manufacturing involving electroplating. (Laid over ` permit from September 28th - Public Hearing closed) There was some discussion on this issue and agreement to lay it over to �• v° Thursday, November 16th. Councilmember Long moved a layover to November 16th. Adopted Yeas - 6 Nays - 0 r i Laid over to November 16th. 41, At this time Council recessed and reconvened at 12:15 P.M. �uss'µa Councilmembers Sonnen and Wilson left the meeting at this point. iji 26. Appeal by'District 2 Community Council to a decision of the Planning Commission which granted an appeal of an administrative order revoking a sign permit at 862 y White Bear Avenue. Chuck McGuire presented his staff report on this item and recommended 30 days for the sign to be removed. Councilmember Gpswitz moved that the sign be adjusted or removed within 30 days. Sue Howler appeared reoresenting District 2'and said they want the, signdown. She distributed documentation and Photographs and said the sign was erected in violation of the Code. Chuck McGuire referred to language of the Code at the time of the building permit versus new language presently in the Code. Jane McPeak said' before Council is an appeal and the non-compliance with the j Code is ,not a part of the appeal and she urged Council to not consider it. Councilmember Rettman returned to the meeting at this point. Tina Morhland, Chair of District 2, appeared and referred to frustrations she has had over the building permit and the sign. Councilmember Dimond moved that the appeal be upheld on the basis that construction :was not done in a timely fashion and,thai off site work within 180 days is; not cbntihued work under the permit., Ray Sammons;'Communityy Organizer of District 2, appeared and made comments pertaining to the building permit. Councilmember Scheibel requested that the motion include the April 24th letter of John Hardwick which pertains to the validity of the building permit. _ Councilmember Long left the meeting at this point. Gary, Unger appeared reoresenting the Physical Committee of District 2 and urged that the community as a whole be taken into consideration. A woman appeared and said she lives at 900 White Bear. Avenue and she said the sign was erected illegally. m Councilmember Dimond moved to support the appeal based on the 180 day issue. Councilmember Rettman stated she has reviewed documentation and she will G ,all support the motion. Adopted Yeas - 4 Nays - 0 N.1-04 Councilmember Scheibel noted he will'not be oresent at tonight's public hearing. v t , The Council at this time (12:55 P.M.) recessed and reconvened at 7:00 P.M. R'ii „ { f e The meeting was called to order by Vice President Wilson at 7:05 P.M. r r c Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman and Wilson sj a Absent - 1 -Councilmember Scheibel 606 - October 19, 1989 Councilmember Wilson announced that Councilmember Scheibel is attending a previously scheduled meeting. Councilmember Wilson stated we will hear Item No. 2 on the agenda first. 2. Hearing on the proposed 1990 budget for the City of St. Paul including the Capital Improvement Budget. Greg Bless, Budget Director, appeared and gave an overview summary of the Mayor's proposed budget. Don Lamuland appeared representing District 15 and urged that a traffic signal be installed at Randolph and Albert. Joan Glidden aooeared and also requested a traffic signal be installed at Randolph and Albert and she referred to the number of schools, children and elderly; in the area. Linda Virrow aooeared reoresenting District 14 Board of Directors and also urged a traffic signal be installed at Randolph and Albert. She referred to a new tot lot in the area and also to the high population of elderly and she said District 14 is in favor of the proposal. Upon question of Councilmember Sonnen, Mr. Lamuland said they did go through the CID process but they didn't get priority in,1990 and want the lights installed now. Councilmember Rettman said she has sooken with Councilmember Long on this issue and she said in the very near future Council will be considering signage and installation of signals around all schools throughout the City. Larry Peterson, 851' Goodrich, appeared and spoke in support of Linwood Recreation Center and said it is a priority for District 16. He said they did receive money for the design and they are now requesting full support and ratification for the proposal and he urged a renewed commitment to the recreation system. Upon question of Councilmember Sonnen;`Mr. Bless stated proposal No. C1601 was priority No. 39 out of 70 oriorities. Mat Hollinshead,• 1782 Hague and Chair of District 13 Library Committee and member of the District Council, appeared and -spoke in supportofpr000sal`No. C- 1303 for the Merriam Park Library replacement and he sooke in strong support of the increase in library hours with additional positions. Connie Starns appeared and spoke in support of the library system and urged more staff with longer hours. Naomi Perman, 2047 Selby, appeared and spoke in support of the library system with more staff and longer hours. Valerie Liston, 2198 Eleanor of the Highland Community Council, appeared and urged Council to approve funding for the Merriam Park Library and she read a letter of the Community Council expressing their support of the library system. Jeffrey Birch, 1731 Goodrich, appeared representing the Neighborhood House and in support of proposal No: C0303 and in support of the Neighborhood Youth Center Annex. Mary Garcia appeared representing the youth of the Neighborhood Center and stated she feels the center should be larger to serve more youth and keep them off the streets. Alex Martinez also aooeared on behalf of the youth for the Neighborhood Center and said the youth need this organization. Hal Freshley, 399 Eichenwald, aooeared on behalf of an East Side Community Center and said it is a colloborative effort of Districts 1, 2 and 4 and said this is an essential investment to the community. Scott Bunin, 1658 Randoloh, aooeared representing Highland Area Commercial Council and urged approval of the Hillcrest Community Center and said he feels the proposal for part of the funding is equitable at this time to plan for the future. (Discussion continued on following page) - 607 - r �ltir s c October 19, 1989 Councilmember Wilson announced that Councilmember Scheibel is attending a previously scheduled meeting. Councilmember Wilson stated we will hear Item No. 2 on the agenda first. 2. Hearing on the proposed 1990 budget for the City of St. Paul including the Capital Improvement Budget. Greg Bless, Budget Director, appeared and gave an overview summary of the Mayor's proposed budget. Don Lamuland appeared representing District 15 and urged that a traffic signal be installed at Randolph and Albert. Joan Glidden aooeared and also requested a traffic signal be installed at Randolph and Albert and she referred to the number of schools, children and elderly; in the area. Linda Virrow aooeared reoresenting District 14 Board of Directors and also urged a traffic signal be installed at Randolph and Albert. She referred to a new tot lot in the area and also to the high population of elderly and she said District 14 is in favor of the proposal. Upon question of Councilmember Sonnen, Mr. Lamuland said they did go through the CID process but they didn't get priority in,1990 and want the lights installed now. Councilmember Rettman said she has sooken with Councilmember Long on this issue and she said in the very near future Council will be considering signage and installation of signals around all schools throughout the City. Larry Peterson, 851' Goodrich, appeared and spoke in support of Linwood Recreation Center and said it is a priority for District 16. He said they did receive money for the design and they are now requesting full support and ratification for the proposal and he urged a renewed commitment to the recreation system. Upon question of Councilmember Sonnen;`Mr. Bless stated proposal No. C1601 was priority No. 39 out of 70 oriorities. Mat Hollinshead,• 1782 Hague and Chair of District 13 Library Committee and member of the District Council, appeared and -spoke in supportofpr000sal`No. C- 1303 for the Merriam Park Library replacement and he sooke in strong support of the increase in library hours with additional positions. Connie Starns appeared and spoke in support of the library system and urged more staff with longer hours. Naomi Perman, 2047 Selby, appeared and spoke in support of the library system with more staff and longer hours. Valerie Liston, 2198 Eleanor of the Highland Community Council, appeared and urged Council to approve funding for the Merriam Park Library and she read a letter of the Community Council expressing their support of the library system. Jeffrey Birch, 1731 Goodrich, appeared representing the Neighborhood House and in support of proposal No: C0303 and in support of the Neighborhood Youth Center Annex. Mary Garcia appeared representing the youth of the Neighborhood Center and stated she feels the center should be larger to serve more youth and keep them off the streets. Alex Martinez also aooeared on behalf of the youth for the Neighborhood Center and said the youth need this organization. Hal Freshley, 399 Eichenwald, aooeared on behalf of an East Side Community Center and said it is a colloborative effort of Districts 1, 2 and 4 and said this is an essential investment to the community. Scott Bunin, 1658 Randoloh, aooeared representing Highland Area Commercial Council and urged approval of the Hillcrest Community Center and said he feels the proposal for part of the funding is equitable at this time to plan for the future. (Discussion continued on following page) - 607 - October 19, 1989 (Discussion continued from previous page) a l Mark Berry, 1867 Beechwood of District 15, aooeared in support of the Hillcrest s Community Center and said oresently the facility is totally inadequate. x� Mark Moeller aooeared and urged basic services to prevent the exodus from the rss y City. Scott Heiderick, 1966 Portland, aooeared and said he served on the CIB Task Force and said the channelization around the Civic Center is very positive and a he made comments on traffic enforcement, sidewalks, traffic signals and libraries. Jerry Applebaum appeared and urged reconsideration of funding for the Ayd Mill <e Road environmental studyy it Gary Hejhal, 375 Brimhall, aooeared and commented on traffic and noise pollution and urged funding for the Ayd Mill Road study. k > Jill Danner, 791 Ottawa, and Vice President of District 3 Community Council, aooeared and read and submitted letter on their neighborhood empowerment report and also urged funding for the El Rio Vista playground for 1990. z {.a Zona Butler, 83 E. Bidwell, appeared regarding WESCO and spoke in support of ., fundingy for the Neighborhood House Youth Mnex. Judge Allan Markert appeared and said he is President of the Board of Directors for Merriam Park and spoke on the need of projects based on priorities for the United Way and CIB and he requested funding for additional space for senior citizens, a sorinkier system, multi-purpose storage room, restrooms and elevators for liandicao accessibility. Rich-Neumeister appeared and recommended increased staff for environmental health, urged su000rt of the Mayor's recommendation for libraries,.urBed contracting and volunteer services for various programs, urged not to rubber `^ stamp the Finance Committee Chairpersons recommendation, suggggested a 2.5% cut in non-profit funding, suggested other areas where money could be found, suggested cutting the City Council budget and urged funding for the Police Public Information Coordinator. Marvin Wolf aooeared and referred to increasing taxes and inefficiencies in various services. Signe Masterson, Community Organizer of the Merriam Park Community Council, appeared and stated they are in full support of funding for the library. John Labosky of District 14 and member of the Riverfront Commission, aooeared Riverfront Plan. and stated now is the time to implement the Mertyce Mayne, Riverfront Commission member, aooeared and supported Harriet Island Park and explained'reimbursement oossibilities. Russell Jensen of District 16 aooeared and spoke on the Riverfront and Harriet Island advantages to the City and said funds will be repaid through the Metr000litan Parks fund and other projects. Ronald Hachey, retired District Judge, appeared and spoke on the Ayd Mill Road i project and health hazards and urged funding for the study. Councilmember Sonnen left the meeting at this Point. Andy Williams of ACORN aooeared and spoke in support of libraries, youth programs, street lighting, -police foot patrol and safety awareness and spoke in opposition to funding for the Harriet Island project. in _ Rebecca Shelton, 939 Aurora of ACORN, aooeared and spoke opposition of funding the Harriet Island project. q { Effie Clemons, 761 Marshall` of ACORN, aooeared and referred to sewer rates and " street lighting issues and o-poosed use of sewer funds for Riverfront r t development. Flora Nielson of ACORN aooeared and said sewer money should not be used to fund i rfil ' the Harriet Island project. Ann Kohuth of ACORN aooeared and sooke very strongly in opposition to funding the Harriet Island project with these funds. Dennis Ferchie said he is a past St. Paulite now living in Afton and he spoke on Riverfront issues and the effect a marina will have on the River. (Discussion continued on following page) - 60B M M1 )f'i. i � 1 � 1 � el -...1. October 19, 1989 - (Discussion continued from orevious page) A representative of Waldorf Corporation appeared and explained their costs with t ;•. 9 percent sewer .rate increase. Alma Joseph, Chair of the District 8 Planning and referred to the budget far beat patrol and clarified 1 commission, appeared they are asking for foot patrol on Selby. j No one else appeared pertaining to the proposed 1990. budget. 1. Hearing.'td consider an increase in the On Sale Liquor License Fees for 1990. ; Hospitality Association appeared in 0000sition to the proposed �cE , ,3 gU Pat Fleury of the fee increase and referred to discrepancies :and asked for a freeze on the fees. 1 - a He stated the on sale license industry is in serious trouble in the City and he .� asked the Council, .for, fairness. Bonnie Carlson aooeared and explained the consultant report and explained how 3 i m they came up with certain figures.' f, Councilmember Wilson referred,to the need for more specific information. r John Bergman apgeared regarding including entertainment and food and said rt -, comparisons with other cities are not relevant Upon question of Councilmember Long, Greg Bless said this increase affects all licenses, and he said the assumed revenue growth will be six percent. He stated in the oast Council has adjusted the rates on a selective,cost,basis. Michael Berg appeared., and said he owns the Midway Twins Motor Lodge and he ' referred to the needto give this industry further consideration and that the r City of St. Paul needs business support. Councilmember Goswitz referred to some concerns and said we need to adjust the fees or businesses will be forced out of business., Mike O'Toole appeared and to income generated by, the liquor industry ,referred for the City and. referred to other State taxes on liquor. No one else aooeared. Councilmember Rettman moved that the meeting be adjourned. { Adopted Yeas — 5 Nays - 0 i.. 'Y ADJOU;RNED'AT 10:30 P.M. s 7tpuna —I ed n1-- ATTESip Copies sent to Councilmembersa/—�9 Minutes approved by Council r y Mer ABO:PMK I 609 - b" Fl s 74 i " MINUTES OF THE COUNCIL _ 9:00 A.M October 24, 1989 COUNCIL CHAMBERS -CITY HALL &COURT HOUSE PAUL, i < + SAINT MINNESOTA +f} The meeting was called to order by President Scheibel at 9:05 A.M. Present = 5'- Councilmembers Dimond, Goswitz, Long, Rettman, Sonnen. f ra; Absent ='2 Council members Wilson and Scheibel. (President Scheibel arrived a: later in the meeting.) R CONSENT AGENDA ;:1,.• Upon request of Councilmember. Rettman, item. #6 was pulled from the'Cpnsent Agenda for discussion .and Planning & Economic Development Dept.;; requested#7 ?1 be referred to Housing &'Economic Development Committee.' Councilmember Dimond moved'aooroval of the Consent Agenda as amended above: 1. Approval of minutes of City Council meetings of September 19, 21 and 26, 1989.:. J 2. Claim of,Terence Boyd, 5828 W. Bald Eagle, filed October 12, 1989, was read. Referred to the`City Attorney's office. Claim of' Helen Donahue, by attorney John V. Norton, 2850 Norwest Center, Mols., filed October 12, 1989, was read. Referred to the City Attorney's office'. 1 Claim of Eileen Lane ren, 1244 Van Buren Ave., filed October 11, 1989, was read. . Referred to the City Attorney's office. claim of Ardeth Panagiot000ulos by attorney Louis E. Torinus, 106 S.' Main St., Stillwater, Mn. filed October 11, 1989, was read. Referred to the City Attorney's office. Claim of Doretha Smith, 850 Sherburne Ave., filed October 12, 1989, was read. Referred to the City Attorney's office. 3. Petition of James and Anne Carlson to vacate the east -west alley in Blk. 3,' Hiyhview Addition to legalize an existing garage. (FOR REFERRAL TO FINANCE DEPARTMENT FOR CHECK AS TO FORM & SUFFICIENCY AND FOR RECOMMENDATION) Referred to the, Finance Department. 4. Notice of"Aooeal to Street Maintenance Charges by Raymond and June Matter, 770 Brookline Street. Filed (Attached to C.F. 89-1847) ' 5. Report of the State Auditor on"the St. Paul Fire Department Relief Association for the year ended Decemeber 31, 1 98B. Filed (CC #13207) 7. Resolution - 89-1914 - Authorizing PED to finalize terms of Skyway Agreement w : with the U.S.Postal Service for construction and ooeratipn of skyway bridge connecting the Block L/Minnesota Telecenter complex and downtown Post Office. $ (FOR ACTION) -- - Referred to the Housing &Economic Development Committee. -610- f 1 i ( \ ` \ _,._ ,..._ c, .- ,. .. ..... ..... . October 24, 1989 T§ .' 8. Preliminary Order - 89-1915 -Sidewalkconstruction and/or reconstruction for the north side of Carroll from N. Finn to N. Cretin (2147 Carroll) and the south side of St. Clair from Woodlawn to S. Mississippi River Blvd. (2300 St. December 12th. (FOR ACTION) Y c ' Clair), and setting date of public hearing for Adopted Yeas - 5 Nays - 0 fir,4; i 9. Resolution - 89-1916 - Approving assessment for summary abatements property through July clean up through September 1989 and demolition of vacant buildings for December 12th. (FOR ACTION) 1989, and setting date of public hearing Adopted Yeas - 5 Nays - 0 2 D. Resolution - 89-1913 - Authorizing oroper City officials to execute an agreement granting $2,0000 to District 2 Community Council for the ourposeof staging the Ames School Centennial. (FOR ACTION) Ray Sammons, District.2 Council, introduced Wally Wakefield who sooke'of the Ames School Centennial Mr. Wakefield introduced his mother who said she 6 4- started in Ames School in 1914: Councilmember Goswitz moved aooroval of the resolution. - Nays 0 I n Adopted' Yeas 5 - v Y ORDINANCES v 10. Third Reading - 89-1864 - An ordinance amending 'Chapter 60 of the Legislative- 712, 714 716 Mackubm from Code and rezoning prooerty of the HRA located at and RM -2 to P-1 to construct an off-street parking lot. (FOR ACTION - Hearing held July 6th) Laid over to October 31st for Final Reading. yc� 11. Second Reading - 89-1880 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of Curtis Pasch located at 647 E. Maryland from RT -1 to P-1 to develop an off-street parking facility. (FOR ACTION - Hearing held June 15th) Laid over to October 26th for Third Reading. 12. First Reading - 89-1917 - An ordinance amending Section 125.02(a) of the Legislative Code pertaining to street obstruction permits.' (FOR REFERRAL TO THE FINANCE COMMITTEE) Councilmember Goswitz requested this ordinance be referred to the Public Works Committee. Referred to the Public Works Committee. COIMITTEE REPORTS �. 13. Second Reading - 89-1705 - An ordinance amending Chapter 85 of the Legislative Code and adjusting water rates in the City effective January 1, 1990. (Finance Committee recommends' denial) Laid over to October 31 for Third Reading. Councilmember Goswitz left the meeting at this point and returned later. r,lP`T 14. Second Reading - 89-1324 - An ordinance amending the Administrative Code by' adding a new section authorizing discipline to a supervisor for actions against employees who report a suspected violation of law, oarticioate in investigation or refuses to perform an action they believe is in. violation of law: '(Rules & .Policy Committee recommends'approval of a substitute ordinance) Councilmember Long moved aooroval of the substitute ordinance: s — r a Adooted Yeas - 4 Nays - 0 Laid over to October 26th for Third Reading: i 3 -611- October 24, 1989 15. Resolution - 89-1253 - Amending Section 16B of the Civil Service Rules pertaining toCausefor Discharge Reduction or Suspension and protecting employees from retaliation when reoorting violations of law etc. (Second Reading & Adoption - Rules & Policy Committee recommends approval) Councilmember Long asked this be laid over until the Final Adoption of #14. Laid over to November 2, 1989. 16. Resolution 89-1666- Establishing the rate of pay for License and Permit Aide in Grade 22 of the Technical Standard Ranges in the Salary Plan and Rates of Compensation Resolution. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 4 Nays - 0 Counciimember Goswitz returned at this point in the meeting: 17. Resolution - 89-1667 - Changing the rate of pay for Refectory Supervisor to Grade 21, Clerical Standard Ranges in the Salary Plan and Rates of Compensation Resolution. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Long moved approval'of the resolution. Adopted Yeas - 5 Nays,- 0 18. Resolution - 89-1668 - Changing the rate of pay for Storeroom Manager from Grade 8 to Grade 10, Professional Employees Supervisory Standard Ranges in the Salary Plan and Rates of Comoensation Resolution. (Second Reading & Adoption Finance Committee'recommends approval) Councilmember Long moved appr6al of the resolution. Adopted Yeas - 5 Nays - 0 19. Resolution - 89-1669 - Amending the 1989 budget by adding $4,295.94 to the Financing & Spending Plans for Board of Appeals. (Finance Committee recommends approval ) Councilmember Long moved approval, of the resolution. Adopted Yeas 5. Nays --,0, 20. Resolution - 89-1670 - Amending the 1989 budget by adding $30,000 to the Financing & Spending Plans :for City Clerk Elections and Voter Registration for ballot printingg.: ,(Financd Committee,recommends' approval) Councilmember long moved approval'of"the resolution. Adopted Yeas - 5 Nays -,0 21. Resolution - 89-1539 - Amending the 1989 budget by adding $1,050,472 to the Financing & Spending Plans for Cash Flow Borrowing Debt Service., (Finance Committee recommends aooroval) After' discussion, Councilmember Long moved aooroval of the resolution. Adooted Yeas - 5 Nays - 0 Later in the meeting, Greg Blees appeared and clarified the resolution and said the resolution is, to move cash flow borrowing, debt service to the general debt service fund for property tax 'relief earned on short term borrowing and the money does not go io he Federal Government. Council President Scheibel arrived at this point in the meeting. 22. Resolution - 89-1671 - Amending the 1989 budget by adding $125,000 to 'the Financing & Spending Plans for Civic Center Building Maintenance asbestos ceiling replacement. (Finance Committee recommends approval) Councilmember long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 -612- J �a -- + f October 24, 1989 g1ie j 23. Resolution - 89-1672 -Amending the 1989 budget by adding $57,890.44 to the :eF Financing & Spending Plans for Community Services Library Special Revenue. r N W (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. ✓' � Yeas- 6 Adopted Nays - 0�' � 24. Resolution - 89-1673 - Amending the 1989 budget by adding $12,000 to the Financing &,Spending Plans for Community Services Parks & Recreation Summary Abatement. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Yeas - 6 Nays - 0 � a Adopted a' Resolution - 89-1778 - Amending the 1989 budget by adding $100,000 to the t25. n Financing &Spending Plans for Fire Administration to lease two medic units. (Finance Committee recommends approval) (; x Councilmember.Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 i 26. Resolution - 89-1810 - Amending the 1989 budget by adding $3,377 to the Financingg & Spending Plans for PED Print Shoo. (Finance Committee recommends approval) approval of the resolution. Councilmember Long moved Adopted Yeas - 6 Nays - 0 N 27. Resolution - 89-1585'- Amending the 1989 budget by adding $15,000 to the di Plans to complete preliminary engineering for the Ayd Mill Financing'& Spenng Road Phase I Study. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. 4 Adopted Yeas - 6 Nays - 0 a 28. Resolution - 89-1588- Amending the 1989 budget by adding $80,087 to the Financing & Spending Plans for the ooeration and maintenance of 11 above standard lighting assessment districts. (Finance Committee recommends approval) Councilmember Long moved app off the resolution. Adopted oval - 0 29. Resolution -'89-1432 - Amending the 1988 CID• budget' by adding $5,761.38 to finance the Winthrop Street Lighting project. (Finance Committee recommends approval) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 30. Resolution -'89-1589 - Amending the 1989 CID budget by adding $5,000 for (Finance Committee recommends approval) r repairs of broken sewer connections. Councilmember Long moved approval of the resolution. i, Adopted Yeas - 6 Nays - 0 h�¢ g�a 31. Resolution - 89-1609 - Removing lien for demolition and any interest fees located 715 t v z and/or penalties that may have accumulated for the structure at ti a•;' IV Gayton. (Finance Committee recommends aooroval) At the of Councilmember Rottman, Roxanne Flink, Finance Department rs " df r question explained the history of this case and said this does not set a precedent: i F Councilmember Long moved approval of the resolution. Yj 1 Adopted Yeas - 6 Nays - 0 32. Resolution - 89-1347 - Authorizing the use of paid interns in 1990 for each of 500 hours oer year and that the Director ( Councilmember for uo to a maximum of City Council Investigation and Research Center include funds in the proposed r City Council Legislative budget. (Finance Committee recommends aoprpval with amendment) (Discussion continued on following page & v. October 24, 1989 (Discussion continued from orevious page) Councilmember Long moved approval of the amended resolution for a maximum of 750 hours oer year. Adopted Yeas 6 Nays - 0 33. Resolution 89-1713 - Adopting policies for the Legislative Advisory Committees. (Rules & Policy recommends approval of a substitute resolution) Councilmember Sonnen passed out a substitute resolution and Councilmember Rettman asked the item be laid over until Thursday for consideration. After further discussion on changes regarding. aopoi ntments, Councilmember Long moved a friendly amendment on 2B to read "who were not recommended for a000intment". - - Laid over to October 26, 1989. 34. Resolution - 89-1741 - Urging Port Authority and HRA Commissioners to adopt the City's Early Notification System Policy and Procedures. (Rules & Policy recommends approval) Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0_ PUBLIC HEARINGS 35. Final Order - 89-1918 = Constructing the Jessamine/Frank Area Storm Sewer project for the area bounded by Maryland, York, Cypress and Barclay. (Public Works Committee recommends approval.) No one'aoueared in opposition. Councilmember Goswitz"moved approval of the Order. Adopted Yeas 6 Nays, -,0 36. Final Order - 89-1919 - Constructing sanitary,' storm and water service connections if requested, for the combined sewer separation oroject known as the Jessamine/Frank Area Storm and Street Paving & Lighting project. (Public Works Committee recommends 'approval.) No one appeared in 0000sition. Councilmember Goswitz moved a Adopted Yeapproval of the Order. , s - 6 Nays - 0 37. Final Order 89-1920 - Improving parts of Geranium, Jessamine, Magnolia, Cook, Jenks, Frank, Duluth; Atlantic Magnolia Lane, Lane Place and Burnquist with bituminous roadway, concrete curb and gutters, outwalks, driveways, constructin and sodding boulevards and lantern style street lighting system for the project known as the Jessamine/Frank Area Street & Lighting project.,, _ (Public Works Committee recommends approval.) No one appeared in opposition. Councilmember Goswitz movedapproval of the Order. Adopted ' Yeas - 6 Nays 0 38. Resolution- 89-1921"- Ratifying assessment for summary abatement for towing abandoned vehicles for the period of February through June 1989 for 487 Banfil. (Laid over from October 17th) John Betz, Public Health Division, said there may have been a lack of notice and asked that the ratification be denied. Councilmember Long moved denial of the ratification. Roll call on denial. Adopted Yeas - 6 Nays - 0 39. Resolution - 89-1922 - Approving application for the renewal of various Class III Licenses as listed. No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 -614- October 24, 1989 40. Resolution - 89-1923 - Aooroving application for the transfer of General Repair Garage License, Gas Station License, 7 Additional Gas Pumos and Original Container Licenses held by Daniel Burns dba Highland Park Unocal located at 1581 Ford Parkway transferred to Brian J. DeVries dba Highland Park Unocal at the same address. No one anaeared'in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 41. Resolution - 89-1924 - Approving application for the transfer of General Repair Garage License held by Clarence Law dba Law's Garage located at 1176 N: bale transferred to Le Phan dba Le's Auto Service located at the same address. Councilmember Rettman asked that parking not be allowed on railroad orooerty and Christine Rozek recommended the resolution be laid over for stiolulations to be-olaced on the resolution. Councilmember Rettman moved the resolution be laid over one week. Laid over to October 31st. 42. Resolution - 89-1925 - Aooroving application for Massage Therapist License applied for by Mark Alexander located at 948 Goodrich. No one aooeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted `' Yeas'- 6' Nays 0 43. Resolution - 89-1926 - Approving application for Massage Therapist License applied for by A. Naomi Silberberg located at 948 Goodrich. No one aooeared in 0000sition. - Councilmember Rettman moved aouroval of the resolution. Adopted Yeas - 6 Nays - 0 44. Resolution-- 89=1927 - Aooroving application for the renewal of On Sale Liquor License held by -The -University Club of,St. Paul, Inc, located' at 2 E. Exchange. No one aooeared in opposition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Long moved the rules be suspended to recall C.F. 89-1877 from the Finance Committee pertaining to contract obligations. Roll -call on the motion to suspend the rules and recall the resolution from committee. Adopted Yeas - 6 Nays - 0 Resolution - 89-1877 - amending the 1989 budgetby adding $59,075 to the Financing & Spending Plans to meet 'payment obligations for contracts for service with non profit organizations. Barb Jeanetta, Budget Office, appeared, gave a staff report and answered questions of Council. Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Dimond raised the issue of procedure on the plan for Phalen Creek and Light Rail Transit and said one of the resolutions was not adopted and he may bring it up again at another time. At 10:00 A.M. the Council recessed and reconvened at 10:10 A.M. -615- October, 24, 1989 MISCELLANEOUS 45. Presentation pertaining to City. Hall. Court House renovation. Bill Bartolik appeared and said this would be an overview of Projects. He said the City use is §7% and County use is 67%. Mike Cox sooke,of design, and Mike Thomas.sooke of. -functional 'analysis and gave reasons for placement of City Council offices to different floors. Councilmember Rettman said she oreferred the 7th..floor and said she does not want a central receptionist and spoke of the history of the 7th floor offices. She said the 7th floor was the preferred soot for,Council offices:. Councilmember Goswitz said he would like to take his view with to 2nd floor and he said Council needs more space and it doesn't make any sense to have.the: - Council offices on the seventh floor. Councilmember Sonnen also prefers. the 7th.:fl oor because of history,and tradition but, she wants.a central area receptionist; . Councilmember Long said he_wants'a central receptionist area, for screening. He said he would prefer to be on a lower level rand would argue to. be on.the third. floor with the Mayor. He asked Child Care not be -taken off the study. Councilmember Dimond said working on.;second floor plans has no benefit and is a waste of -,time to pursue. .He;said.ifrthe third floor could be worked out.for functionality, it should be looked at. He further: suggested to.use the seventh. and eighth or sixth and seventh floors for Council offices and he said the building is in appalling shape. After further discussion, Councilmember Dimond -moved that the meeting be adjourned. Adopted Yeas - 6 Nays'- 0 ADJOURNED AT10:50.A.M. ATTEST: tl Council President Conies sent to Councilmembers //-e2/-F9 Minutes approved by Council /9 _eyy r �ABDA -616- c y� f f 4 IS October, 24, 1989 MISCELLANEOUS 45. Presentation pertaining to City. Hall. Court House renovation. Bill Bartolik appeared and said this would be an overview of Projects. He said the City use is §7% and County use is 67%. Mike Cox sooke,of design, and Mike Thomas.sooke of. -functional 'analysis and gave reasons for placement of City Council offices to different floors. Councilmember Rettman said she oreferred the 7th..floor and said she does not want a central receptionist and spoke of the history of the 7th floor offices. She said the 7th floor was the preferred soot for,Council offices:. Councilmember Goswitz said he would like to take his view with to 2nd floor and he said Council needs more space and it doesn't make any sense to have.the: - Council offices on the seventh floor. Councilmember Sonnen also prefers. the 7th.:fl oor because of history,and tradition but, she wants.a central area receptionist; . Councilmember Long said he_wants'a central receptionist area, for screening. He said he would prefer to be on a lower level rand would argue to. be on.the third. floor with the Mayor. He asked Child Care not be -taken off the study. Councilmember Dimond said working on.;second floor plans has no benefit and is a waste of -,time to pursue. .He;said.ifrthe third floor could be worked out.for functionality, it should be looked at. He further: suggested to.use the seventh. and eighth or sixth and seventh floors for Council offices and he said the building is in appalling shape. After further discussion, Councilmember Dimond -moved that the meeting be adjourned. Adopted Yeas - 6 Nays'- 0 ADJOURNED AT10:50.A.M. ATTEST: tl Council President Conies sent to Councilmembers //-e2/-F9 Minutes approved by Council /9 _eyy r �ABDA -616- MINUTES OF THE COUNCIL 9:00 A.M OCTOBER 26, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The.meeting was called to order by President Scheibel at 9:05 A.M. Present.- 6 - CounciimembersDimond', Long, Rettma'n.'Schei bel , Sonnen, Wilson Absent - 1 - Councilmember Goswitz (excused) MISCELLANEOUS 32. Recognition of retiring City, of St., Paul employees. Councilmember Scheibel recognized Delores tunbye retiring from the Division of Libraries: and Helen Smith retiring from the Purchasing Division and presented them with. Certi fi cates of Recognition. 31. RecognitionofYouth Volunteers for the month of November. Councilmembers Scheibel, Rettman, Wilson and Dimond recognized several youth volunteers. for the month of November. CONSENT AGENDA Councilmember Dimond moved at) roval of the Consent Agenda. Roll call. Adopted Yeas p 6 Mays - 0 1. Claim of James: Clark, 1509 Carroll,.filed October 16, 1989, was read. Referred to the City Attorney's Office. Claim of Gregory Habisch, 1311 Pacific, filed October 16, 1989, was read. Referred to the City.Attorney's Office. Claim of Daniel Hendrickson (Harold Bergquist, attny.) filed October 16,* '1989, was read. Referred to the City Attorney's Office. Claim of Jonathan Ma ' nes, 525 Laurel, filed October 17, 1989, was read. Referred to the City Attorney's Office. Claim of Marie Mercado, 588 N. Lexington Parkway, filed October 13, 1989, was read. Referred to the City Attorney's Office. Claim of Grant Moosbrugger,957 Fairmount, filed October 16, 1989, was read. Referred to the City Attorney's Office. Claim of Robert Roessler, 1736 - 143rd Lane N.E., Ham Lake, MN 55304, filed October 16, 1989, was read. Referred to the City Attorney's Office. Claim of Amy Standefer, , 722 Grand #A, filed October 16, 1989, was read. Referred to the City Attorney's Office. Claim of Trent Taylor, 2057 Laurel #5, filed October 16, 1989, was read. Referred to the City Attorney's Office. ddd 2. Summons and oetition in the matter of Montgomery Ward vs the City of St. Paul. Referred to the City Attorney's Office. 617 - October 26, 1989 3. Administrative Orders D-10510 through D-10516 were noted as on file in the City Clerk's Officer 4. Resolution - 89-1928 - Authorizing proper City officials to execute an agreement with Gudrun Emrich to work in the Criminal Division of the City Attorney's Office without cost to the City but providing for indemnification by the City of aqy other civil claims that should occur. (FOR ACTION) Adopted Yeas - 6 Nays - 0 5. Resolution - 89-1929 - Approvin the appointment by the Mayor of Roger McClure to serve as a member of the Civil Service Commission. (FOR ACTION) Adopted Yeas - 6 Nays - 0 6. Resolution,- 89-1930 - Approving Citywide Commercial Area Rehabilitation Program Guidelines. (FOR REFERRAL TO THE'HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee: 7. Resolution - 89-1931 - Approving NeigG hborhood Commercial Rehabilitation Loan Program Guidelines for the HRA. ' (FOR REFERRAL TO THE HOUSIN& ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 8. Resolution 89-1932 — Amending the method of dedication in right-of-way as adopted by C.F. 88-1704 on October 28, 1988, which vacated parts of Sixth Street and Seventh Place for the St. Paul Companies. (FOR ACTION)' Adopted Yeas - 6 Nays - 0 9. Resolution - 89-1933 — Authorizing payment to Clayton Snow and State Farm Insurance Company in the amount of $1,142.16 from the 'Tort Liability Fund in full settlement of claim. (FOR ACTION) Adopted Yeas 6 Nays - 0 10. Preliminary Order - 89-1934 - Constructing the Laroenteur/Jackson Area Storm Sewer project 'for the area bounded by Larpenteur, Soo Line Railroad, Burlington Northern Railroad and the DNR Rigght-of-Way;"and I -35E, and setting date of hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 11. Preliminary Order - 89-1935 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Laroenteur/Jackson Area Storm Sewer project, and setting date of public hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 12. Preliminary Order - 89-1936 - Improving parts of Arundel, Cohansey, Cottage, Cumberland, Galtier,-Nebraska, Western and Wheelock Parkway with bituminous 'paving; concrete curb, gutters,driveways and outwalks and constructing lantern style street lighting system in conjunction with the Arlington/Western Area Street Paving & Lighting project; and setting date of Public hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 13. Preliminary Order - 89-1937 - Constructing the Arlington/Western Area Storm Sewer project for the area bounded by Nebraska, Wheelock Parkway, Mackubin and Marion and setting date of public hearing for December -12th. (FOR ACTION) Adoptea Yeas - 6 Nays - 0 618 - 3 �r j � Y October 26, 1989 3. Administrative Orders D-10510 through D-10516 were noted as on file in the City Clerk's Officer 4. Resolution - 89-1928 - Authorizing proper City officials to execute an agreement with Gudrun Emrich to work in the Criminal Division of the City Attorney's Office without cost to the City but providing for indemnification by the City of aqy other civil claims that should occur. (FOR ACTION) Adopted Yeas - 6 Nays - 0 5. Resolution - 89-1929 - Approvin the appointment by the Mayor of Roger McClure to serve as a member of the Civil Service Commission. (FOR ACTION) Adopted Yeas - 6 Nays - 0 6. Resolution,- 89-1930 - Approving Citywide Commercial Area Rehabilitation Program Guidelines. (FOR REFERRAL TO THE'HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee: 7. Resolution - 89-1931 - Approving NeigG hborhood Commercial Rehabilitation Loan Program Guidelines for the HRA. ' (FOR REFERRAL TO THE HOUSIN& ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 8. Resolution 89-1932 — Amending the method of dedication in right-of-way as adopted by C.F. 88-1704 on October 28, 1988, which vacated parts of Sixth Street and Seventh Place for the St. Paul Companies. (FOR ACTION)' Adopted Yeas - 6 Nays - 0 9. Resolution - 89-1933 — Authorizing payment to Clayton Snow and State Farm Insurance Company in the amount of $1,142.16 from the 'Tort Liability Fund in full settlement of claim. (FOR ACTION) Adopted Yeas 6 Nays - 0 10. Preliminary Order - 89-1934 - Constructing the Laroenteur/Jackson Area Storm Sewer project 'for the area bounded by Larpenteur, Soo Line Railroad, Burlington Northern Railroad and the DNR Rigght-of-Way;"and I -35E, and setting date of hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 11. Preliminary Order - 89-1935 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Laroenteur/Jackson Area Storm Sewer project, and setting date of public hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 12. Preliminary Order - 89-1936 - Improving parts of Arundel, Cohansey, Cottage, Cumberland, Galtier,-Nebraska, Western and Wheelock Parkway with bituminous 'paving; concrete curb, gutters,driveways and outwalks and constructing lantern style street lighting system in conjunction with the Arlington/Western Area Street Paving & Lighting project; and setting date of Public hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 13. Preliminary Order - 89-1937 - Constructing the Arlington/Western Area Storm Sewer project for the area bounded by Nebraska, Wheelock Parkway, Mackubin and Marion and setting date of public hearing for December -12th. (FOR ACTION) Adoptea Yeas - 6 Nays - 0 618 - 3 October 26, 1989 14. Preliminary Order - 89-1938 - Constructing storm, sanitary and water service connections if requested for the combined sewer separation project known as the Arlington/Western Area Storm Sewer project, and setting date of public hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 ORDINANCES 15. Final Adoption - 89-1576 - An ordinance amending Chapters 60 and 62 of the Legislative Code pertaining to zoning text changes related to restaurants. ((Housing & Economic Development Committee recommends approval) Councilmember'Wilson moved approval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17689 16." Third Reading - 89-1880 - An,ordinaince' amending' Chapter 60 of the Legislative Code and rezoning property of Curtis Pasch located at 647 E. Maryland from RT -1 to P-1 to develop an off-street Parking facility. (FOR ACTION - Hearing held June 15th) �. Laid, over to November 2nd for Final Adoption. 17. First Reading - 89-1939 - An ,ordinance amending Chapter 157 of the Legislative Code by deleting in its entirety Section 157.08' which orohibits vehicles standing on,a street with a "for sale" sign. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 18. First Reading - 89-1940 - An ordinance establishing the Neighborhood Commercial Rehabilitation Loan Program and, authorizing the HRA to act as agent and administer.;the Program. (FOR REFERRAL TO THE. HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Councilmember Rettman referred to a brochure: prepared by PED to be used as a business -owner guide and information purposes and she commended PED for the brochure. Councilmember. Dimond said we have been encouraging better communication and he said he is impressed with the brochure PED breoared. Referred to the Housing & Economic Develoament'Conmittee. COMIITTEE REPORTS 19. Second Reading - 89-1574 - An ordinance amending Chapter 409 of the Legislative Code pertainingg to hours and days of sale for intoxicating liquor licenses in conformity with recent State law changes. (Community 4 Human Services Committee submits to Council without recommendation) Laid over to October 31st for Third Reading. 20. Second Reading - 89-1575 - An ordinance amending Chapter 409 of the Legislative Code allowing fines in off -sale intoxicating liquor establishments in lieu of suspensions., (Community & Human Services Committee recommends approval) Laid over -to October 31st for Third Reading. 21. Second Reading- 89-1881 - An ordinance amending Section 409.07 of the Legislative Codto change the hours of sale for intoxicatingg liquor licenses on Sundays in conformity with recent State law changes. `Community,& Human Services Committee submits to Council without recommendation)) Laid over, to October 31st for Third Reading. Councilmember Rettman referred to Items No. 19 and No. 21 above and explained Committee action. - 619 - N i y 5+ 5 7r4 i October 26, 1989 14. Preliminary Order - 89-1938 - Constructing storm, sanitary and water service connections if requested for the combined sewer separation project known as the Arlington/Western Area Storm Sewer project, and setting date of public hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 ORDINANCES 15. Final Adoption - 89-1576 - An ordinance amending Chapters 60 and 62 of the Legislative Code pertaining to zoning text changes related to restaurants. ((Housing & Economic Development Committee recommends approval) Councilmember'Wilson moved approval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17689 16." Third Reading - 89-1880 - An,ordinaince' amending' Chapter 60 of the Legislative Code and rezoning property of Curtis Pasch located at 647 E. Maryland from RT -1 to P-1 to develop an off-street Parking facility. (FOR ACTION - Hearing held June 15th) �. Laid, over to November 2nd for Final Adoption. 17. First Reading - 89-1939 - An ,ordinance amending Chapter 157 of the Legislative Code by deleting in its entirety Section 157.08' which orohibits vehicles standing on,a street with a "for sale" sign. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 18. First Reading - 89-1940 - An ordinance establishing the Neighborhood Commercial Rehabilitation Loan Program and, authorizing the HRA to act as agent and administer.;the Program. (FOR REFERRAL TO THE. HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Councilmember Rettman referred to a brochure: prepared by PED to be used as a business -owner guide and information purposes and she commended PED for the brochure. Councilmember. Dimond said we have been encouraging better communication and he said he is impressed with the brochure PED breoared. Referred to the Housing & Economic Develoament'Conmittee. COMIITTEE REPORTS 19. Second Reading - 89-1574 - An ordinance amending Chapter 409 of the Legislative Code pertainingg to hours and days of sale for intoxicating liquor licenses in conformity with recent State law changes. (Community 4 Human Services Committee submits to Council without recommendation) Laid over to October 31st for Third Reading. 20. Second Reading - 89-1575 - An ordinance amending Chapter 409 of the Legislative Code allowing fines in off -sale intoxicating liquor establishments in lieu of suspensions., (Community & Human Services Committee recommends approval) Laid over -to October 31st for Third Reading. 21. Second Reading- 89-1881 - An ordinance amending Section 409.07 of the Legislative Codto change the hours of sale for intoxicatingg liquor licenses on Sundays in conformity with recent State law changes. `Community,& Human Services Committee submits to Council without recommendation)) Laid over, to October 31st for Third Reading. Councilmember Rettman referred to Items No. 19 and No. 21 above and explained Committee action. - 619 - ,y October 26, 1989 tl.uY P 22. Resolution - 89-1608 - Authorizing 'proper City of, promulgate an ib approved list of eligible organizations for the Charitable Gambling Ten Percent (Communityy &Human Services Committee recommends approv$1 with amendment) - Ithe to this are c6inging Mariucci Hockey ti 1k .. It was noted amendments resolution Skate Club to Mariucci Inner City Hockey, the addition of Phalen Youth Club and the deletion of Orchard Booster lub. Councilmember Rettman moved aooroval of the resolution as amended. Adopted Yeas - 6 Nays - 0 23. Resoiution - 89-1714 - A'p'proving the appointments of members to the Toxic.. Force. (Public Works Committee recommends approval) Chemical Task Councilmember Rettman moved approval of the resolution. Adooted Yeas - 6 Nays - 0 24. Resolution - 89-1691 - Petitioning the Minnesota Transoortation Bcard to determine cost sharing for signal "relocation s'on the Chicago and North Western Transoortation Company crossing of Ames near Flandrau. (Public Works Committee recommends aooroval) Councilmember Rettman moved approval of the resolution. ) Adopted Yeas - 6 Nays - 0 i PUBLIC HEARINGS ;v 25. Third Reading - 89-1324 - An ordinance amending the Administrative Code by adding a new section authorizing discipline to a supervisor for actions against employees who report a suspected violation of law, participate in investigation or refuses to perform an action they believe is in violation of law. (Rules & Policy Committee recommends, approval.of a substitute ordinance) x g5u : No one appeared in oppositidn. Laid over to November 2nd for Final Adoption. 26. Resolution - 89-1577 - Granting the petition by the City to vacate parts of Lots 27-30,-B1k. 4, Aurora Addition located 'at the intersection of Hazel and Bush. (Public Works Committee recommends approval) No one aooeared in opposition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 6 Nays - 0 27. Resolution - 89-1941 - Approving application for the renewal of State Class 8 Gambling License applied for by Harding Area Hockey Association at Pub East located at 1180 E. 7th Street. ,- No one appeared in opposition. Councilmember Dimond moved approval of the resolution. Adooted Yeas - 6 Nays - 0 s 28. Resolution - 89-1942 - Approving application for Gambling Manager's License applied for by Don Sperr dba Harding Area Hockey Association at Pub East located ` . at 1180 E. 7th Street. i v No one aooeared in opposition. Councilmember Dimond moved aooroval of the resolution. ki v' Adopted Yeas - 6 Nays - 0 29. Resolution - 89-1943 - Approving application for the transfer of On Sale Liquor, " Sunday On Sale Liquor, Off Sale 3.2 Malt Beverage, Entertainment III and Enter'prises, Inc. dba Chamops ' 1�4located Restaurant Licenses currently held by Bottom Line located at 2431 W. 7th Street transferred to B Ventures 1, Inc. dba Chamoos 4 at the same address. Chris Van Horn of the Licensing Division appeared and stated the applicant has = requested a two week layover. November 9th. Laid over two weeks to 620 - g r � ti _J October 26, 1989 ' 30. Resolution - 89-1944 - Approving application for the transfer 01F On Sale Liquor, On Sale Sunday Liquor, Entertainment II and Restaurant Licenses. currently held by Pat -Con, Inc. '& Blarney, Inc. &' J:J. White dba Pat's Bar' & Grill located at l 719"N. Dale transferred to Leap Frog, Inc., Pat -Con, Inc., Blarney, Inc. and 3 J.J. White, Inc, dba Pat's Pub & Grill located at the same address. ;+ No one appeared in. opposition. Councilmember Wilsbn ioved_aoproval of the resolution. Adopted Yeas - 6 Nays - 0 a ADDITIONAL ITEM Resolution - 89-1713 - Adopting policies for the Legislative Advisory Committee, 5 (Rules & Policy Committee recommends approval of a substitute resolution - Laid i over, from Octo er 24th) Councilmember Dimond moved approval of the resolution. Roll call: Adopted Yeas'- 6 Nays - 0 Councilmember Dimond moved that the'meeting be adjourned, Roll call. 3 Adopted Yeas - 6 Y A D J 0 U R NNays ESD A T 9.35 A. M. 4 —Wunci rest ems— j ATTEST: Copies sent to Councilmembers" //-a /-?5? Minutes approved by council / d -.S''fr I j i y er c 4 ABO:pMK MINUTES OF THE COUNCIL 9:00 A.M OCTOBER 31, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz,'Long, Rettman, Scheibel, Sonnen, Wilson Absent 0 CONSENT AGENDA Councilmember Scheibel stated Item No. 10 will be referred to the Legislative Committee: Councilmember Dimond moved approval of the Consent Agenda: Roll call. Adopted Yeas - 7 Nays - 0 1. Claim of Susan Budde, 4935'Johnson St. N.E., Columbia Heights, MN, 55421, filed October 20, 1989, Was read: Referred to the City Attorney's Office. Claim of Eric Dregni, 1272 Grand, filed October 20, 1989, was read. Referred'to the City Attorney's'Office. ' Claim 'of Greyory`Gamache;'450�N Syhdicate, Suite 116, filed October 20, 1989, was read. Referred to the City Attorney's Office. Claim of Mary, Hartz, 201 Oak Grove Place filed'October 20 1989, was read. Referred to the`City Attorney's Office." Claim of Dennis Keil , 799 Lafond, filed October 23, 1989, was read. Referred to the City Attorney's Office. Claim of Tony Miller, 334 Cherokee #205, filed October 20,' 1989, Was read. Referred to the City Attorney's Office. 2. Summons and complaint in the matter of Timothy Long vs the'City of St. Paul et al. Referred to the City Attorney's Office. 3. Letter of theRealEstate Division recommending'6 date of public hearing be established for December 5, 1989 to consider the oetition of 3M to'vacate.Reaney Avenuefrom Mendota to E:` 7th Street. Laid over to December 5th for Public Hearing. 4. Administrative Orders D-10517 through D-10534 were noted as on file in the'City Clerk's Office. 5. Resolution- - 89-1945'- Amending the 1989 budget by adding $800 to the Financing & Spending Plans in Personnel & Labor Relations for employee newsletter "Let's Talk". (FOR ACTION) Adopted Yeas - 7 Nays - 0 - 622 - f ., October 31, 1989 6. Resolution - 89-1946 - Amending the 1989 budget by adding $35,600 to the Financing & Spending Plans for PED to hire special technical consulting services in connection with the Montgomery Ward Redevelooment project and oroposed Midway Center redevelooment and expansion of the Burlington Northern Midway HE Facility. (FOR ACTION) Adopted Yeas - 7 Nays - 0 7. Resolution - 89-1947 - Amending assessment amounts on three residential orooerties at the residential rate instead of the commercial rate in connection with ratification of assessments for the Sylvan/Acker Sewer Seoaration project as adooted by C.F. 89-1725 on September 26, 1989. (FOR ACTION) Adopted Yeas'- 7 Nays - 0 8. Resolution - 89-1948 - Recommending that City policy, as regards surplus goods, treat District Planning Councils the same as City departments with all benefits. (Rules & Policy Committee recommends approval) Adopted Yeas 7 ` Nays - 0 9. Resolution - 89-1949 - Retaining the services of Mary Giuliani Stephens as Hearing Officer at the rate of $50.00 per hour relative to the complaint of Joseohier Brown, Director of Human Rights ex rel. Michael Charles vs Hyde Park Restaurant. (FOR ACTION) Adopted Yeas - 7 Nays - 0 10. Resolution - 89-1950 - Seeking special State Legislation to provide authority to the Parks and Recreation Division to have a non -intoxicating malt liquor and wine licensee and giving Parks and Recreation authority to approve vesting such license. (FOR ACTION)' Referred to the Legislative Committee. 11. Resolution - 89-1951 - Indicating approval of the proposed agreement between Ramsey County and Compotil to obtain collection. of backlog parking tickets. (FOR ACTION) Adopted Yeas - 7 Nays - 0 12. Resolution - 89-1952 - Designating three Council representatives to participate on the Children's Issues Council (CIC). (FOR ACTION) Adooted Yeas 7 Nays - 0 Later in the meeting Councilmember Long moved reconsideration of this item to be laid over indefinitely. Roll'call for reconsideration and indefinite layover. Adopted Yeas - 7 Nays - 0 13. Resolution - 89-1953 - Approving actions by the St. Paul Board of Appeals and Review on'Seotember 12, p989, and for orooerties located at 297 Morton,' Hugh Keefer appellant; 345 E. Curtice, Linda Krominga appellant; 1158 Marshall; Carlotta 'Haroer appellant; 903 Beech, Charlene "Smith'ao ellant; 137 E. Page, Teresa Flores aooellant; and 736-738 Selby, Rick Igo apoeplant. (FOR ACTION) Adopted Yeas - 7 Nays - 0 14. Resolution - 89-1954 - Approving actions by the St. Paul Board of Appeals and Review on September 12, 1989, and for orooerties located at 785 E. Cottage, Raymond Jechorek aooellant; 344 Ramsey, Mike Hazard appellant; 370 Summit, Johnston House Condo/Mark Clemons aooellant; and 2095 Highland Parkway, Mary" Martens appellant. (FOR ACTION) Adopted Yeas - 7 Nays - 0 1 i - 624 - J October 31, 1989 15. Resolution - 89-1955 - Affirming the order of the Division of Public Health - directing the correction of property located 976 Goodrich by October 1, 1989 and i a in the event the work is not completed the City may proceed. (FOR ACTION - § r Hearing. held September 21st) Adopted Yeas - 7 Nays - 0 16. Resolution - 89-1956 - Authorizing proper City officials to enter into a cooperative cost sharing agreement with M600T for cost participation of the 1986 Snelling -University Sewer Separation project. (FOR ACTION) Adopted Yeas - 7 Nays.- 0 - 17. Preliminary Order - 89-1957 - Improving parts of Beech, Margaret,.: E.. Sixth_: Clarence, Etna, Birmingham, Hazelwood, Barclay, Germain, Kennard and Flandrau with.bituminous paving, concrete curb and gutters, driveway aprons and outwalks, boulevard restoration, sodding.. and seeding .and lantern :stylestreet lighting system in connection with the Kennard/Beech Area Street Paving.& Lighting '! project, and setting date of hearing .for December 19th. (FOR ACTION) Adopted Yeas - 7 Nays - 0 18. Preliminary Order - 89-1958 - Constructing the Kennard/Beech Area Storm Sewer project for the area bounded by Minnehaha, Johnson Parkway, E. 4th and White tear Avenue, and setting date of public hearing for December _19th. (FOR ACTION) Adopted Yeas - 7 Nays - 0 19. Preliminary Order - 89-1959.- Constructing sanitary, storm and water connections if requested for the combined sewer separation oroject to be known as: the j Kennard/Beech Area Storm Sewer oroject, and setting date of public hearing for December 19th. (FOR ACTION) Adopted Yeas - 7 Nays - 0 . ORDINANCES 20. Final Adoption - 89-1864 - An ordinance. amending Chapter 60 .of the Legislative Code and rezoning property of the HRA located at 712, 714and716 Mackubin from RM -2 to P-1 to construct an off-street parking lot. (FOR ACTION - Hearing held July 6th) r Councilmember Wilson moved approval of the ordinance. Adooted Yeas - 7 Nays - 0 Ord. #17690 ' 21. First Reading - 89-1960.- An ordinance amending Chapter 324 of the Legislative Code pertaining to the sale of cigarettes and prohibiting cigarette vending machines In public accommodations. (FOR REFERRAL TO THE COMMUNITY_ & HUMAN SERVICES COMMITTEE) Referred to .the Community & Human Services Committee. COMMITTEE REPORTS 22. Resolution - 89-1807 - Announcing intent to organize refuse collection for single-family to :four-plex dwellings and authorizing Public. Works to analyze z;t Collection system plans or proposals.. (Public Works .Committee recommends approval of a substitute resolution) Councilmember Goswitz moved approval of the resolution. ". Councilmember Scheibe] referred .to a letter he, received from .the St. Paul Energy Consortium recommending changes .to this resolution. -. There was considerable discussion and Councilmember Rettman said she feels this is a good compromise resolution and that the District Council's play an integral role in it. Councilmember Sonnen referred to concerns and said she feels the process is very p complex. (Discussion continued on following page) - 624 - J October 31, 1989 (Discussion continued from previous page) Councilmember Scheibel said Rick Persons of the Public Works Deoartment is in charge and;will coordinate the study. Councilmember Dimond moved aporoval of the resolution with the understanding if there are questions or concerns in the interim they can be addressed at Committee. Roll call on the motions for aouroval. Adopted Yeas - 7 Nays -.0 Rick Persons aooeared and explained his steos and procedures for the study and said their recommendation will be brought before the Mayor and the City Council. PUBLIC HEARING.S> 23. Third. Reading - 89-1705 -:An ordinance amending Chapter 85 of the Legislative Code and adjusting water rates in the City effective January. 1, 1990. (Finance Committee recommends denial) Councilmember Long explained the Committee recommendation for denial. No one aooeared. Councilmember Rettman requested a layover to include this item with other budget discussions and she said .she has requested Tom Mogren of Public Works to determine: other oossible options available. There was. some_discussion and Councilmember fScheibel suggested proceeding to Final Adootion and said at that point a substitute ordinance can be introduced. Councilmember Long said it is important to give the message this ordinance will not pass and that the Board of. Water Commissioners should preoare another alternative. Councilmember Dimond said a strong message needs to be sent to the Board to hold the line on the budget. Laid over to November 7th for Final Adootion. 24. Third Reading - 89-1574 - An ordinance amending Chapter 409 of the Legislative Code pertaining to hours and days of sale for intoxicating liquor licenses in conformity with recent State law: changes. (Community & Human Services Committee submits to Council without recommendation) (See discussion below) _ Laid over to November 7th for Final Adootion. 26. Third Reading - 89-1881 - An ordinance amending Section 409.07 of the Legislative Code to change hours of sale for intoxicating liquor licenses on Sundays in conformity with recent State law changes. (Community & Human Services Committee submits to Council without recommendation) No one aooeared in.opposition. Councilmember Rettman explained the Committee recommendation and said the liquor industry is solit down the middle on this and she stated all liquor dealers were notified of the meetings. Councilmember Long said he has spoken with liquor dealers. and .that. the _ membership is split. Councilmember..Wilson said the authority to enact or not enact is better created by individuals rather than by the City as it _would create disparity. Laid over to November 7th for:Final Adoption. 25. Third Reading - 89-1575 - An ordinance amending9 Chapter 409 of the Legislative Code allowing fines in off -sale intoxicating liquor.establishments in lieu of suspensions. (Community & Human Services Committee recommends approval) No one aooeared. Laid over to November 7th for Final Adootion. � 3 Vi - 625 _ October 31, 1989 27. Hearing to consider the appeal of Leland Wolf to a Summary Abatement Order for property located at 1012 McLean. No one appeared. John Beti aooeared and said this orooerty was reinspected and has been abated by the prooerty owner and he recommended this order be stricken. No action taken. (CC #13208) 28. Resolution - 89-1961 - Ratifying assessment for condemning and taking permanent utility easement in connection with the Arcade/Minnehaha Area Sewer Separation project. (Public Works Committee recommends approval) No: one aooeared in opposition.! Councilmember Dimond moved approval of the resolution. Adopted.- Yeas - 7 Nays - 0 29. Final Order - 89-1962 - Improving streets as listed with bituminous paving, concrete. curbs, gutter, driveways and outwalks, and upgrading an existing street lighting system .to a lantern style ,street lighting system in conjunction with the Portland/Aldine Area Street Paving &Lighting project. (Laid over in Public Works Committee to November 15th). , Peter White of the Finance Division recommended this and the following related orders be laid over to November 21st. Councilmember Sonnen said she was notified by the property owner at 1698 Selby that he'wants access to his business during this .time and she referred.the matter to Chris Nicosia of the. Public Works Division. Laid over to November, 21st. 30. Final Order - 89-1963 - Constructing the Portland/Aldine Area Storm Sewer project for the area bounded by Selby, Fry, Princeton and Fairview. (Laid over in Public Works Committee to November 15th) (See discussion above) Laid over to November 21st. 31. Final Order - 89-1964 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Portland/Aldine Area Sewer and Street Paving & Lighting Project. (Laid over in Public Works Committee to. November 15th) (See discussion above) Laid over to November 21st. 32. Resolution - 89-:1965.- Ratifying reassessment for benefits received from reconstruction of sidewalk with integral curb on the south side of W. 7th Street from Douglas to McBoal against property at 106 Douglas. No one apoeared. Councilm6mber Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 33. Resolution - 89-1768 - Ratifying assessment for condemning and taking permanent utility easements and temporary construction easements in conjunction with the Sylvan/Acker Area Storm Sewer Separation project. (Laid over from October 3rd - Public Works Committee recommends approval) Peter White aoueared and requested a two week layover. Laid over two weeks to November 14th. 34. Resolution - 89-1966 - Denying application for the renewal of State Class B Gambling License aoolied for by the Church of St. Bernard's at St. Bernard's Lanes located at 167 W. Geranium. A representative of St. Bernard's appeared to answer any questions. Councilmember Rettman gave some background information and referred to the City ordinance on establishments with 3.2 licenses relative to gambling and said she would like a layover on this resolution to get further information. (Discussion continued on following page) - 626 - October 31, 1989 I tit (Discussion continued from Drevious nage) Christine Rozack said the State has 60 days to act and the 60th day is November Ly 29th. Ed Starr explained the State statute allows gambling but City's ordinance does C not. Councilmember Rettman said she would like a one week layover to review f� possibilities of an ordinance with a License Division review on its impact if r u; any; Laid over.one week to November 7th. 35. Resolution - 89-1924 - Approving application for the .transfer of General Repair Dale Garage License held by Clarence Law dba taw's .Garage located at 1176 N. transferred to Le Phan dba Le's Auto Service located at the same address. .(Laid over from October 24th) No one-aooeared,in 0000sition. Councilmember Rettman said,she met with. the owner who is. also.oresent today and she said_Mr. Phan has agreed to keeping up the railroad oortion of the property andcto work.with,the City and will not encroach. - Councilmember moved approval of the resolution. Roll call, Adopted Yeas - 7 Nays - 0 Councilmember Wilsonreferred to last .week's Red Ribbon Week -and. said it:was outstanding and is off to .a good start, and.. Council member Scheibel statedjit extended way beyond school age students and he congratulated Councilmember Wilson for his efforts. Councilmemher. Dimond moved that the meeting be -adjourned. Adopted Yeas - 7 Nays - 0 :. ADJOURNED AT 9:55A.M. Ze 766uncil Pre5luent ATTEST: Copies sent to Councilmembers .//- Z / — i Minutes approved by Council- /a -vr Ii - 627 - 5 MINUTES OF THE COUNCIL y 9.00 A.M NOVEMBER 2, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE d E,t SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. ..,., Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Wilson Absent - 1 - Councilmember Sonnen (arrived at a Point during the meeting) CONSENT AGENDA g Councilmember Dimond moved aooroval of the Consent Agenda. Adooted Yeas - 6 Nays - 0 1. Claim of Robert Bassat, Jr., 636 Harvard, filed October 24, 1989, was read. Referred to the City Attorney's Office. Claim of Susan Sattler, 459 Macalester, filed October 24, 1989, was read: Referred to the City Attorney's Office. - t Referred to the City Attorney's Office. 5 MINUTES OF THE COUNCIL y 9.00 A.M NOVEMBER 2, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE d E,t SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. ..,., Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Wilson Absent - 1 - Councilmember Sonnen (arrived at a Point during the meeting) CONSENT AGENDA g Councilmember Dimond moved aooroval of the Consent Agenda. Adooted Yeas - 6 Nays - 0 1. Claim of Robert Bassat, Jr., 636 Harvard, filed October 24, 1989, was read. Referred to the City Attorney's Office. Claim of Susan Sattler, 459 Macalester, filed October 24, 1989, was read: Referred to the City Attorney's Office. - Claim of David Schutz, 1543 Carroll, filed October 24, 1989, was read. Referred to the City Attorney's Office. 2. Resolution - 89-1967 - Amending the 1989 budget by adding $600,000 to the Financing & Spending Plans for Governmental Employment &Training Amhoist Reemployment Action Program. (FOR ACTION) Adopted Yeas - 6 Nays - 0 3. Resolution' - 89-1968 = Amending the 1989'budget by adding $79,950 to the Financing & Spending Plans .for Governmental Employment & Training Metro Computer Training Program. (FOR ACTION) Adopted Yeas - 6 Nays - 0 4. Resolution - 89-1969 - amending the Capital Improvement Budget by transferring $28,000 from Contingency to Southwest Team Police for site analysis and design of a team police site. (FOR ACTION) Adooted Yeas - 6 Nays - 0 5. Resolution - 89-1970 - Honoring Johnson High School Football Team for winning the City Conference Championship. (FOR ACTION) Adopted r^ Yeas - 6 Nays - 0 Later in the meeting Councilmember Goswitz recognized the senior class team members of the football team and Presented them with Certificates of Recognition. 6. Resolution - 89-1971 - Proclaiming the week of October 30th "Congregate Dining Week in St. Paul" and thanking all organizations and individuals who have helped to make Congregate Dining Programs successful. (FOR ACTION) Adopted Yeas - 6 Nays - 0 7. Resolution - 89-1972 - Authorizing the "Special" Programs Section of the Division of Parks & Recreation to accent a donation in the amount of $553.50 from the West Side Food Co-Oo, Inc. for senior citizens program in the Baker Recreation Community. (FOR ACTION) Adopted Yeas - 6 Nays - 0 628 - November 2, 1989 8. Resolution - 89-1973 - Authorizing Proper City officials to enter into an agreement with I.S.D. 625 for Public Works Department's Youth Corps program. (FOR ACTION) Adopted Yeas - 6 Nays 0 9. Resolution - 89-1974 - Approving Joint Powers Agreement between the Parks & Recreation Division and ISD #625 for Community Education Brochure. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Comnittee. 10. Resolution - 89-1975.- Affirming the Order of the Division of Health and ordering' property located at 1274 Sherburne be cleaned up and in the event work is not completed City may proceed. (FOR ACTION - Hearing held September 21st), Adooted Yeas - 6 Nays - 0 11. Resolution - 89-1976'- Affirming the Order of the Division of Health and ordering orooerty located at 479 Edmund be cleaned up and in the event work is not completed City may proceed. (FOR ACTION - Hearing held September 13th) Adopted Yeas - 6 Nays- 0 12. Resolution - 89-1977 - Approving assessment for boardings uo of vacant buildings for August 1989, and setting date of public hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 Councilmember Sonnen arrived at this point in the meeting. ORDINANCES 13. Final Adoption - 89-1324 - An ordinance amending, the Administrative Code by adding a new section authorizing discipline to a supervisor for actions against employees who report a suspected violation of law, participate in investigation or refuses' to perform an action they believe is in violation of -law. (Rules & Policy Committee recommends aooroval of a substitute ordinance) Councilmember Long explained the substitute ordinance and the related Additional Item No. 89-1253 and he moved aooroval of both items. Roll call. Adopted Yeas --7 Nays - 0 Ord. #17691 ADDITIONAL. ITEM Resolution - 89-1253 - Amending Section 16B of the Civil Service Rules pertaining to Cause for Discharge Reduction or Suspension and protectin Laig employees from retaliation when reporting violations of law, etc. (Second Reading & Adoption - Rules & Policy Committee recommends approval - d over from October 24th) (See discussion above) Adooted Yeas - 7 Nays - 0 14. Final Adoption - 89-1880 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of Curtis Pasch located a' 647 E. Maryland from RT -1 to P-1 to develop an off-street Parking facility. (FOR ACTION - Hearing held June 15th) Councilmember Goswitz moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17692 1 629 - �1 4 J J 'e J 4 November 2, 1989 8. Resolution - 89-1973 - Authorizing Proper City officials to enter into an agreement with I.S.D. 625 for Public Works Department's Youth Corps program. (FOR ACTION) Adopted Yeas - 6 Nays 0 9. Resolution - 89-1974 - Approving Joint Powers Agreement between the Parks & Recreation Division and ISD #625 for Community Education Brochure. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Comnittee. 10. Resolution - 89-1975.- Affirming the Order of the Division of Health and ordering' property located at 1274 Sherburne be cleaned up and in the event work is not completed City may proceed. (FOR ACTION - Hearing held September 21st), Adooted Yeas - 6 Nays - 0 11. Resolution - 89-1976'- Affirming the Order of the Division of Health and ordering orooerty located at 479 Edmund be cleaned up and in the event work is not completed City may proceed. (FOR ACTION - Hearing held September 13th) Adopted Yeas - 6 Nays- 0 12. Resolution - 89-1977 - Approving assessment for boardings uo of vacant buildings for August 1989, and setting date of public hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 Councilmember Sonnen arrived at this point in the meeting. ORDINANCES 13. Final Adoption - 89-1324 - An ordinance amending, the Administrative Code by adding a new section authorizing discipline to a supervisor for actions against employees who report a suspected violation of law, participate in investigation or refuses' to perform an action they believe is in violation of -law. (Rules & Policy Committee recommends aooroval of a substitute ordinance) Councilmember Long explained the substitute ordinance and the related Additional Item No. 89-1253 and he moved aooroval of both items. Roll call. Adopted Yeas --7 Nays - 0 Ord. #17691 ADDITIONAL. ITEM Resolution - 89-1253 - Amending Section 16B of the Civil Service Rules pertaining to Cause for Discharge Reduction or Suspension and protectin Laig employees from retaliation when reporting violations of law, etc. (Second Reading & Adoption - Rules & Policy Committee recommends approval - d over from October 24th) (See discussion above) Adooted Yeas - 7 Nays - 0 14. Final Adoption - 89-1880 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of Curtis Pasch located a' 647 E. Maryland from RT -1 to P-1 to develop an off-street Parking facility. (FOR ACTION - Hearing held June 15th) Councilmember Goswitz moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17692 1 629 - �1 4 J J November 2, 1989 8. Resolution - 89-1973 - Authorizing Proper City officials to enter into an agreement with I.S.D. 625 for Public Works Department's Youth Corps program. (FOR ACTION) Adopted Yeas - 6 Nays 0 9. Resolution - 89-1974 - Approving Joint Powers Agreement between the Parks & Recreation Division and ISD #625 for Community Education Brochure. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Comnittee. 10. Resolution - 89-1975.- Affirming the Order of the Division of Health and ordering' property located at 1274 Sherburne be cleaned up and in the event work is not completed City may proceed. (FOR ACTION - Hearing held September 21st), Adooted Yeas - 6 Nays - 0 11. Resolution - 89-1976'- Affirming the Order of the Division of Health and ordering orooerty located at 479 Edmund be cleaned up and in the event work is not completed City may proceed. (FOR ACTION - Hearing held September 13th) Adopted Yeas - 6 Nays- 0 12. Resolution - 89-1977 - Approving assessment for boardings uo of vacant buildings for August 1989, and setting date of public hearing for December 12th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 Councilmember Sonnen arrived at this point in the meeting. ORDINANCES 13. Final Adoption - 89-1324 - An ordinance amending, the Administrative Code by adding a new section authorizing discipline to a supervisor for actions against employees who report a suspected violation of law, participate in investigation or refuses' to perform an action they believe is in violation of -law. (Rules & Policy Committee recommends aooroval of a substitute ordinance) Councilmember Long explained the substitute ordinance and the related Additional Item No. 89-1253 and he moved aooroval of both items. Roll call. Adopted Yeas --7 Nays - 0 Ord. #17691 ADDITIONAL. ITEM Resolution - 89-1253 - Amending Section 16B of the Civil Service Rules pertaining to Cause for Discharge Reduction or Suspension and protectin Laig employees from retaliation when reporting violations of law, etc. (Second Reading & Adoption - Rules & Policy Committee recommends approval - d over from October 24th) (See discussion above) Adooted Yeas - 7 Nays - 0 14. Final Adoption - 89-1880 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of Curtis Pasch located a' 647 E. Maryland from RT -1 to P-1 to develop an off-street Parking facility. (FOR ACTION - Hearing held June 15th) Councilmember Goswitz moved aooroval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #17692 1 629 - �1 4 November 2, 1989 COMMITTEE REPORTS . 15. Second Reading - 89-1825 - An ordinance amending Chapter 45 of the Legislative Code pertaining to nuisance abatements involving heritage oreservation sites. (Housing & Economic Development Committee recommends approval) Laid over to November 9th for Third Reading. 16. Second Reading - 89-1826 - An ordinance amending Chapter 73 of the Legislative Code pertaining to the HPC and demolition of buildings. (Housing & Economic Development Committee recommends aooroval with amendment) Councilmember Wilson moved approval of a substitute ordinance. Roll call Adopted Yeas - 7 Nays - 0 Laid over to November 9th for Third Reading. 17. Resolution- 89-1819 - Initiating a Small Area Plan and 40 -Acre Study for the Concord-Wabasha-Robert Street area. (Housing & Economic Development Committee recommends approval) Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 18. Resolution - 89-1978 - Aooroving application for State Class B Gambling License applied for by the Minnesota Jazz Association at Willard's Bar located at 738 Thomas. No one aooeared in opposition Harlow Freeberg aooeared andf explained the work he is doing at Central High School to aid the students with their future careers and artistic talents. Councilmember Wilson moved approval of this and the following related resolutions. Adopted Yeas - 7 Nays - 0 19. Resolution - 89-1979 - Aooroving application for Class A Gambling Location License applied for by Willard's Liquors, Inc, dba Willard's Bar located at 738 Thomas. No one aooeared in 0000sition. Adopted Yeas - 7 Nays - 0 20. Resolution - 89-1980 - Approving application for Gambling Manager's License applied for by Harlow Freeberg dba Minnesota Jazz Association at Bar located at 738 Thomas. No one aooeared in opposition. Adopted Yeas - 7 Nays - 0 21. Resolution - 89-1981 - Aooroving application for the transfer of Class A Gambling License applied for by Midway Skating Club currently located at 1060 University transferred to 733 Pierce Butler Route. No one aooeared in opposition. Upon question of Councilmember Sonnen, Chris Van Horn of the License Division appeared and explained the transfer. Councilmember Wilson moved aooroval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 Janet Wigfield appeared and gave a video oresentation designed for St. Paul school students to inform them of the duties and responsibilities of the City Council. 630 - November 2, 1989 Councilmember Dimond referred to recent allegations to the St. Paul Fire Chief and he said he wants to make it very clear a thorough independent investigation will be made into the allegations. Councilmember Scheibel stated -a resolution had been prepared to act on as a Council and he stated next week Mayor Latimer will speak to the Council and explain the investigation process and procedures and this Council will have to address policy changges and there was further discussion and agreement that Mr. Mark Shields of the BCA will also be present at that time to answer any questions. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas,- 7 Nays - 0 ADJOURNED AT 9:55 A. M. councilPresident— ATTEST: Conies sent to Councilmembers /.24 -J5' ono_ Minutes approved by Council /a -/r^ P9 T cier A O:ank - 631 - I MINUTES OF THE COUNCIL 9:00 A.M NOVEMBER 7, 1989 - COUNCIL CHAMBERS - CITY HALL & COU SAINT PAUL, MINNESOTA The meeting was called to order by President Schei Present - 6 - Councilmembers Dimond, Goswitz, Lo Absent - 1 - Councilmember Wilson (excused) CONSENT AGENDA Upon request of Councilmember Rettman, Adminis referred to the Finance Committee for discussion. Councilmember Dimond moved approval of the Consent Roll call. Adopted Yeas - 6 N 1. Claim of Jim Bloemendal, 1880 Lamolight Drive, fi Referred to the City Attorney's office. RT HOUSE bel .at 9:05 A.M. Lon Rettman, Scheibel, Sonnen tration Order No. D-10540 was Agenda as amended above. !L Na 0 led October 26, 1989, was read. Claim of Linda Gorman (William Strait, attny.),' filed October 26, 1989, .was read. Referred to the City Attorney's •Office. Claim of Eugene Mallinger,,2700 N. Oxford #126, filed October 26, 1989, was read. Referred to the City Attorney's Office. •• Claim of Laurice Walsh, 438 Main, filed October 25, 1989, was read. Referred to the City Attorney's Office. 2. Summons and complaint in the matter of Michael Caulfield, Sr. for Michael Caulfield, Jr. vs. the City of St. Paul. Referred to the City Attorney's Office. 3. Summons and complaint in the matter of Lisa Marie Garcia vs the City of St. Paul et al. Referred to the City Attorney's Office. 4. Notice of Aooeal to Street Maintenance. Charges by Soectrum Prooerty Partners II, 1203 California Drive. Referred to the City Attorney's Office. (Attached to C.F. 89-1847) 5. ADoeal of Joseph Stepka to a Summary Abatement Order for orooerty located at 599 St. Clair. (City Clerk recommends a date of hearing be established for November 21st) Laid over to November 21st for Public Hearing. 6. Appeal of Joseph Steoka to a Vehicle Abatement Order for orooerty located at 59 St. Clair. (City Clerk recommends a date of hearing be established for November 21st) Laid over to November 21st for Public Hearing. 632 - November 7, 1989 7. Letter of the Mayor's Office announcing vacancies on the Overnight Shelter Board and on the Affirmative Action Advisory Committee. a Filed (CC @13209) �8. Administrative Orders D-10535 through D -10549 -were noted as on file in the City O'N' Clerk's Office. 9. Resolution - 89-1982 - Amending the 1989 budget by adding $4,000 to the ;i Financing & Spending Plans for the Office of Personnel and Labor Relations for testing services payment from the Public Housing Agency. (FOR ACTION) Adopted Yeas - 6 Nays - 0 10. Resolution - 89-1983 -Approvalof $600,000 funding for the Neigghborhood Crime r ' Prevention Grant Program for 1990-1991.: (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. ` 11. Resolution - 89-1984 - Authorizing Proper City officials to execute an agreement granting $1,900 to Capitol Community Services for staging their Holiday Festival. (FOR ACTION) Adopted Yeas - 6 Nays - 0 12. Resolution - 89-1985 - Aooroving revision in Project scone for the Wheelock Parkway Acquisition project. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 13. Resolution - 89-1986 - Approving Lot Split for property of Mike Maggi located at 850 Forest and 849 Duchess. (FOR ACTION - Hearing held October 12th) Adopted Yeas -.6 Nays -,0 14. Resolution - 89-1987 - Aooroving Plat Approval for River Park Plaza.. ._(FOR ACTION - Hearing held September 14th) Adopted Yeas-. 6 Nays.- 0::::. .. 15. Resolution - 89-1988 - Aooroving assessment for, condemning and taking a temporarl, construction easement over and across Lots 10-12, Blk. 2, Griebe and Brewsters Addn. in conjunction with. the .Marshall/Hamlin Area Sewer oroject, and setting date of public hearing for December 21st. (EOR ACTION) Adopted Yeas - 6 Nays - 0 16. Preliminary Order - 89-1989 - Condemning and.taking 'permanent utility .easement in conjunction with the Fairview/Montreal Sewer Separation project, and setting I date of public hearing for December 19th. FOR ACTION) Adopted'. - . - Yeas - 6: Nays - O . 17. Preliminary Order - 89-1990 - Condemning and taking permanent. utility easement in conjunction with the Fairview/Montreal Sewer Seoaration project, and setting date of oublic hearing for December 19th.. (FOR ACTION) Adopted Yeas - 6 Nays - 0 18. Preliminary Order - 89-1991 - Condemning and taking permanent utility easement in conjunction with the Fairview/Montreal Sewer Seoaration project, and setting of oublic hearing for December 19th. (FOR ACTION) Adopted Yeas - 6 Nays - 0 - 633 - November 7, 1989 APPLICATIONS & COMUNICATION 19. Letter of the St. Paul Charter Commission transmitting its resolution requesting legislation to allow reimbursement for commissioner's expenses. Dick Willitz of the Charter Commission appeared and explained they are trying to get their resolution on the legislative agenda for the next year. There was some discussion and agreement this item would be discussed in the Rules & Policy Committee. Referred to the Rules & Policy Committee. ORDINANCES 20. Final Adootion - 89-1705 - An ordinance amending Chapter 85 of the Legislative Code and adjusting water rates in the City effective January 1, 1990. (Finance Committee recommends denial) - Roll call. Yeas - 1,(Goswitz) Nays - 5 Failed of adoption. 21. Final Adoption - 89-1574 - An ordinance amending Chapter 409 of the Legislative Code pertaining to'hours and days of sale for intoxicating liquor licenses in conformity with recent State law changes. (Community & Human Services Committee submits'to Couhcil'withbut recommendation) Councilmember Rettman referred to related_ item No. 22 and she referred to a listing of municipalities.Which has been compiled and she stated she will su000rt Item No. 22 for expansion of Sunday hours but not Item No. 21 for holidayys. Councilmember Sonnen stated she also will vote for extended hours on Sundays but not for holidays and she referred to small, family-owned businesses and the potential for hardship to them. Councilmember Dimond moved aporoval of Item No. 21 and he stated he feels each individual establishment should chose to be open or not. Councilmember Scheibel suggested laying Item No. 21 over pending the outcome of other cities. There was some discussion and Councilmember Dimond moved approval of Item No. 22 with Item No. 21 to be laid over for two weeks. Councilmembers Long and Rettman sooke in su000rt the motion. Roll call on the motion for approval of Item No. 22 (C.F. 89-1881) and the lay over of Item No. 21.(C.F. 89-1574) for two weeks to November 21st. Adooted Yeas - 6 Nays - 0 Laid over to November 21st. 22. Final Adoption - 89-1881 - An ordinance amending Section 409.07 of the Legislative Code to change hours of sale for intoxicating liquor licenses on Sundays in conformity with recent State law changes. (Community & Human Services Committee submits to Council without recommendation) (See discussion above) Adopted Yeas - 6 Nays - 0 Ord. #17693 23. Final Adootion - 89-1575 - An ordinance amending Chapter 409 of the Legislative Code allowing fines in off -sale intoxicating liquor establishments in lieu of suspensions. (Community & Human Services Committee recommends approval) Councilmember Rettman moved approval of the resolution. November 7, 1989 COIMITIEE REPORTS 24. Second Reading - 89-1506 - An ordinance amending Section 376.13 of the Legislative Code pertaining to vehicle license transfer fees for taxi cabs. (Finance Committee recommends approval) Laid over to November 14th for Third Reading. 25. Resolution 89-1874- Establishing the rate of pay for Health and Fitness Specialist in Grade 8, Section I D 3 of the Professional Employees Non - Supervisory Standard Ranges in the Salary Plan '& Rates of Compensation Resolution. (Second Reading & Adootion - Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 j 26. Resolution - 89-1875 - Establishing the rate of pay for Research Librarian in Grade 7, Section I D 3 of the Professional Employees Non -Supervisory Standard Ranges in the Salary Plan & Rates of Compensation resolution. . (Second' Reading & Adoption - Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution' Adopted Yeas - 6 Nays - 0 27. Resolution - 89-1894 - Approving the, appointments by the'Mayor of Ramon Zamora, Robert Frame;'Dr; Arnold Vinson, frank Chiodi and Karen Gray and the reappointment of Bede Wolfson to the St. Paul Human Rights Commission. (Finance Committee recommends aooroval ) Councilmember Long moved approval of the resolution. Adopted Yeas'- 6 Nays =`0' I 28. Resolution - 89-1587 - Amending the 1989 budget by adding $393,218.65 to the Financing &-Spending Plans to allow Public Works Garage to purchase equipment. (Finance Committee recommends item be withdrawn) Councilmember Goswitz withdrew the resolution. Withdrawn. 29. Resolution - 89-1812 - Amending the 1989 budget by adding9 $62,350 to the Financing & Spending Plans for Public Works Asphalt fund. (Finance Committee recommends approval with amendment) Councilmember Long moved approval of the resolution as amended. Adopted Yeas - 6 Nays 0 30. Resolution - 89-1854 -Amending the 1984, 1986 and 1989 CIB Budget by adding $36,41OJ3 for Police Department Annex remodeling project. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 31. Resolution 89-1855 - Amending the 1984, 1986 and 1989 CIB Budget by adding $38,093 for Police Department Annex remodeling project. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 32. Resolution - 89-1876 Amending the 1989 budget by transferring $4,600 from Contingent Reserve to Messenger Service for costs to continue inter -office mail services. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 - 635 - � _ t VM {fsf November 7, 1989 COIMITIEE REPORTS 24. Second Reading - 89-1506 - An ordinance amending Section 376.13 of the Legislative Code pertaining to vehicle license transfer fees for taxi cabs. (Finance Committee recommends approval) Laid over to November 14th for Third Reading. 25. Resolution 89-1874- Establishing the rate of pay for Health and Fitness Specialist in Grade 8, Section I D 3 of the Professional Employees Non - Supervisory Standard Ranges in the Salary Plan '& Rates of Compensation Resolution. (Second Reading & Adootion - Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 j 26. Resolution - 89-1875 - Establishing the rate of pay for Research Librarian in Grade 7, Section I D 3 of the Professional Employees Non -Supervisory Standard Ranges in the Salary Plan & Rates of Compensation resolution. . (Second' Reading & Adoption - Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution' Adopted Yeas - 6 Nays - 0 27. Resolution - 89-1894 - Approving the, appointments by the'Mayor of Ramon Zamora, Robert Frame;'Dr; Arnold Vinson, frank Chiodi and Karen Gray and the reappointment of Bede Wolfson to the St. Paul Human Rights Commission. (Finance Committee recommends aooroval ) Councilmember Long moved approval of the resolution. Adopted Yeas'- 6 Nays =`0' I 28. Resolution - 89-1587 - Amending the 1989 budget by adding $393,218.65 to the Financing &-Spending Plans to allow Public Works Garage to purchase equipment. (Finance Committee recommends item be withdrawn) Councilmember Goswitz withdrew the resolution. Withdrawn. 29. Resolution - 89-1812 - Amending the 1989 budget by adding9 $62,350 to the Financing & Spending Plans for Public Works Asphalt fund. (Finance Committee recommends approval with amendment) Councilmember Long moved approval of the resolution as amended. Adopted Yeas - 6 Nays 0 30. Resolution - 89-1854 -Amending the 1984, 1986 and 1989 CIB Budget by adding $36,41OJ3 for Police Department Annex remodeling project. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 31. Resolution 89-1855 - Amending the 1984, 1986 and 1989 CIB Budget by adding $38,093 for Police Department Annex remodeling project. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 32. Resolution - 89-1876 Amending the 1989 budget by transferring $4,600 from Contingent Reserve to Messenger Service for costs to continue inter -office mail services. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 - 635 - November 7, 1989 33. Resolution - 89-1780 - Retaining the law firm of Jardine, Logan & O'Brien to represent and defend the City in tort liability cases at rates not to exceed $98.00 per hour. (Finance Committee recommends approval) Councilmember Long explained Committee discussion; and, recommendation and he moved approval of the resolution. Councilmember Long answered several questions of Councilmember Sonnen and Councilmember Sonnen referred to many concerns she has with this resolution. After some discussion there was agreement to lay this item over to Thursdady, November 9th. Laid over to Thursday, November 9th. PUBLIC HEARINGS 34. Hearing to consider the appeal of Clara Charles to a Summary Abatement Order for property located at 1023 Dayton. (Laid over from October 10th) Councilmember Rettman said Councilmember Wilson has requested this item be laid over for one week to November 14th. Laid over to November 14th. Councilmember Scheibel left the meeting at this point. 35. Resolution - 89-1966 - Denying aoolication for the renewal of State Class B Gambling License applied for by the Church of St. Bernard's at St. Bernard's f Lanes loc167ated at W. Geranium. (Laid over from October 31st) r Councilmember Rettman requested the City Attorney's Office to prepare amendments allowing 32 licenses in bowling lane establishments to have gambling. Christine Rozack from the License Division appeared and requested a one week lay over in order to get a response from representatives of St. Bernard's. Roll call on a one week lay over. Adopted Yeas - 5 Nays - 0 Laid over to Tuesday, November 14th. 36. Resolution - 89-1992 Approving application for Gambling Manager's License applied for by Hugo Masanz dba Orchard Booster Club at Gabe's by the Park located at 991 N. Lexington Parkway. No one appeared in opposition. Councilmember Rettman noted that Orchard has been drooped from the Youth Fund list and Gabe's will be monitored closely. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 37. Resolution - 89-1993 - Approving application for State Class B Gambling License aoolied for by Orchard Booster Club at Gabe's by the Park located at 991 N. Lexington Parkway. No oneappeared in opposition. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 38. Resolution - 89-1994 - Approving application for Class B Gambling Location License applied for by Lexi -Front, Inc. dba Gabe's by the Park located at 991 N. Lexington Parkway. No one appeared in opposition. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 - 636 - r November 7, 1989 33. Resolution - 89-1780 - Retaining the law firm of Jardine, Logan & O'Brien to represent and defend the City in tort liability cases at rates not to exceed $98.00 per hour. (Finance Committee recommends approval) Councilmember Long explained Committee discussion; and, recommendation and he moved approval of the resolution. Councilmember Long answered several questions of Councilmember Sonnen and Councilmember Sonnen referred to many concerns she has with this resolution. After some discussion there was agreement to lay this item over to Thursdady, November 9th. Laid over to Thursday, November 9th. PUBLIC HEARINGS 34. Hearing to consider the appeal of Clara Charles to a Summary Abatement Order for property located at 1023 Dayton. (Laid over from October 10th) Councilmember Rettman said Councilmember Wilson has requested this item be laid over for one week to November 14th. Laid over to November 14th. Councilmember Scheibel left the meeting at this point. 35. Resolution - 89-1966 - Denying aoolication for the renewal of State Class B Gambling License applied for by the Church of St. Bernard's at St. Bernard's f Lanes loc167ated at W. Geranium. (Laid over from October 31st) r Councilmember Rettman requested the City Attorney's Office to prepare amendments allowing 32 licenses in bowling lane establishments to have gambling. Christine Rozack from the License Division appeared and requested a one week lay over in order to get a response from representatives of St. Bernard's. Roll call on a one week lay over. Adopted Yeas - 5 Nays - 0 Laid over to Tuesday, November 14th. 36. Resolution - 89-1992 Approving application for Gambling Manager's License applied for by Hugo Masanz dba Orchard Booster Club at Gabe's by the Park located at 991 N. Lexington Parkway. No one appeared in opposition. Councilmember Rettman noted that Orchard has been drooped from the Youth Fund list and Gabe's will be monitored closely. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 37. Resolution - 89-1993 - Approving application for State Class B Gambling License aoolied for by Orchard Booster Club at Gabe's by the Park located at 991 N. Lexington Parkway. No oneappeared in opposition. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 38. Resolution - 89-1994 - Approving application for Class B Gambling Location License applied for by Lexi -Front, Inc. dba Gabe's by the Park located at 991 N. Lexington Parkway. No one appeared in opposition. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 - 636 - 1106; •:a'Y.S<vN"i . ...., J' November 7, 1989 39. Resolution -89-1995 - Approving aoolication for the transfer of On SaleLiquor, On Sale Sunday Liquor, Entertainment III, Restaurant and Off Sale Malt Licenses currently issued to Ricci Eugene dba Gene Ricci's Lounge located at 1082 Arcade transferred to O.M.T., Inc: of Maplewood dba�Gene Ricci's Lounge located at the same address. No one aooeared in'0000sition, s Councilmembers Dimbnd and Goswitz'moved aooroval of the resolution. Roll call: Adopted Yeas - 5 Nays - 0 Later in the meeting the new owner appeared at the request of Councilmember Sonnen and said he no longer is employed by the St. Paul Police Department. 40. Resolution - 89-1996 - Approving application for the renewal of various Class III licenses as listed. ; No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 a Councilmember Dimond moved that the meeting be adjourned, i Adopted Yeas - 5 Nays - 0 ADJOURNED A�T/9.3355 A. M. ATTEST: Council PreSiden r� Conies sent to Councilmembers /-;6 2D1 J Minutes approved by Council MINUTES OF THE COUNCIL 9:00 A.M NOVEMBER 9, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen Absent - 1 - Councilmember Wilson (excused) CONSENT AGENDA Councilmember Goswitz requested Item No. 5 be removed from the Consent Agenda to act on today, and Councilmember Long requested Item No. 4 be removed from the Consent Agenda for approval of a substitute resolution. Councilmember Dimond moved approval of the Consent Agenda as amended above. Roll call Adopted Yeas - 6 Nays - 0 1. Summons and complaint in the matter of Michael Brennan vs the City of St. Paul et al. Referred to the City Attorney's Office. 2. Summons and complaint in the matter of NewMech Companies, Inc. vs the City of St. Paul et al. Referred to the City Attorney's Office. 3. Letter of the State Deoartment of Revenue submitting Application No. 342839 of John F. and Donna M. Sauro and Francis Hickey for reduction -of assessed valuation for certain real estate in the City. Filed (CC #13210) 6. Resolution - 89-1999 - Approving and ratifying Memorandum of Agreement with the St. Paul Classified Confidential Employees Association. (First Reading - FOR ACTION) Laid over to November 16th for Second Reading & Adoption. 7. Resolution - 89-2000 - Authorizing payment to Diane Bernthal in the amount of $50,959 from the Tort Liability fund in settlement of claim. (FOR ACTION) Adooted Yeas - 6 Nays - 0 8. Resolution - 89-2001 Approving assessment for condemning and taking a temporary construction easement over and across the westerly 90 ft. of the easterly 60 ft. of Lot 16, Blk. 4, Rice Street Villas in conjunction with the Albemarle/Nebraska Area Storm Sewer project, and setting date of public hearing for December 21st. (FOR ACTION) Adooted Yeas - 6 Nays - 0 4. Resolution - 89-1997 - Establishing the Downtown Development Study Commission. (FOR ACTION) Councilmember Long referred to the substitute resolution stating it adds the Lowertown Redevelooment Corporation as No. 7 to the list of organizations and he explained the time issue and said it is important to adopt the resolution today and he moved approval of the substitute resolution. Councilmember Rettman requested that the Downtown Community Development Corooration be added as No. 8 to the list. (Discussion continued on following page) - 638 - 0 ' 9 .. Nobember 9, 1989 (Discussion continued from previous page) Councilmember Long referred to discussions he had with the Downtown Community Develooment Corporation in which they agreed not to be considered as a downtown entity but rather as a neighborhood entity because of future funding sources. Councilmember Rettman stated she would like the Downtown Community Development Corporation to have an integral part of the organization and she referred to joint staffing by the City and the Chamber of Commerce. Councilmember Sonnen said she is concerned this will peroetuate a downtown split and she said it needs to be recognized that the revitalization of the downtown has been at the expense of neighborhoods and she said she feels this item needs a more thorough discussion in Committee, and Councilmember Goswitz sooke in agreement for further discussion in Committee. Referred to the Housing and Economic Development Committee. 5. Resolution - 89-1998 - Approving final design plan for proposed skyway structure to the St. Paul Fire & Marine Insurance Company. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Councilmember Goswitz explained this item has already been discussed and recommended for approval in the Public Works Committee and he moved of the resolution. Councilmember Dimond spoke in su000rt of the motion. Councilmember Sonnen stated she does not feel the Public Works Committee is the orooer place to discuss heritage oreservation issues. Councilmember Dimond said Councilmember Sonnen makes a good point and in the future would be a good procedure to go before the NPC but he said this particular item is too far into the process now and to refer it to the HPC would be unduly restricted. Roll call on the motion for aooroval of the resolution. Adopted Yeas - 5 Nays - 1 (Sonnen) COMMITTEE REPORTS 9. Second Reading - 89-1901 - An ordinance amending Chapter 161 of the Legislative Code pertaining to snow emergency routes and establishing a pilot snow emergency plowing program. (Public Works Committee recommends approval) Laid over to November 14th for Third Reading. 10. Resolution - 89-1715 - Removing residential permit parking restrictions on both sides of Wilder between Dayton and Selby and both sides of Moore between Laurel and Selby. (Public Works Committee recommends approval) There was some discussion regarding the need for a public hearing on this item and after further discussion there was agreement to lay this item over to Tuesday, November 14th for clarification. Laid over to November 14th. 11. Resolution- 89-1469 - Authorizing District Councils to use funds allocated for neighborhood clean up projects in addition to Neighborhood Clean UP Day and that District 15 Community'Council is authorized to utilize its Neighborhood Clean Up allocation for orinting and distribution of solid waste reduction and recycling brochure. (Public Works Committee recommends aooroval of a substitute resolution) Councilmember Goswitz moved aooroval of the substitute resolution. Adopted Yeas - 6 Nays - 0 12. Resolution - 89-1346 - Determining that neither overtime oay nor formal compensatory time is authorized for unclassified appointed employees and that any overtime hours recorded are erroneous and to be removed from payroll records. (Finance Committee recommends aooroval of a substitute resolution) Councilmember Rettman said language is unclear pertaining to the internal orocess and she moved the resolution be laid over to Tuesday, November 14th for (Discussion continued on following oage) 639 November 9, 1989 (Discussion continued from previous gage) clarification. Councilmember Long said this issue has been discussed in Committee numerous times and he moved approval of the resolution. Councilmember Dimond spoke against a lay over. Councilmember Scheibel said he believes Councilmember Rettman wants offices to have internal responsibilities and he sees it as no difference of opinions. Councilmember Sonnen said we need ability for individuals to have their own flexibility. Councilmember Rettman responded and said she does not want this to be a City Council resolution only. Roll call on the notion for a lay over to Tuesday, November 14th. Yeas - 2.(Rettman/Scheibel) Nays - 4 (Sonnen/Dimond/Long/Goswitz) Motion failed of adoption. Councilmember Long moved approval of the substitute resolution. Roll call. Adopted Yeas - 5 Nays - 1 (Rettman) NEW BUSINESS -.RESOLUTIONS 13. Resolution - 89-2002 - Adopting the Mayor's proposed 1990 budget, certifying a or000sed tax levy and setting date of public hearing for December 14i 1989 at 7:00 P.M. to consider final. adoption of the budget and tax levy. (Also discussion of Truth -in -Taxation notice format) (FOR ACTION) Greg Blees appeared and referred to new State law for adootion of the tax levy by December 15th and he requested Council direction on the format for the Public hearing notice. There was. considerable discussion.and agreement for the date of public hearing to be set on December 14th and if needed to be reconvened at 10:00 A.M. on Friday, December 15th and 10:00 A.M. Saturday, December 16th. Greg Blees said a suggested format is referred to on Page 5 and that the Budget Office is suggesting Page 6 adding additional wording to orovide further information to the public and that it be a minimal notice. Councilmember Scheibel moved language be added showing shifts to the School Board and also adding.a new sentence stating the St. Paul City Council is holding:a public-hearingg to consider the Mayor's proposed increase. There was considerablenTscussion.on new language to be added and/or deleted and GregBlees was directed to consider suggestions made during the above discussion pertaining to possible additional language. - Councilmember Sonnen moved approval of the resolution with the discussion -on notice format to be laid over to November 14, 1989. Roll call Adooted Yeas - 6 Nays - 0 PUBLIC HEARINGS 14. Third Reading - 89-1825 - An ordinance amending Chapter 45 of the Legislative Code pertaining to nuisance abatements involving heritage preservation sites. (Housing & Economic Develooment Committee recommends approval) No one aooeared in opposition. Laid over to November 16th for Final Adoption. 15. Third Reading- 89-1826 -.An ordinance amending Chapter 73 of the Legislative Code pertaining to the Heritage Preservation Commission and demolition of buildings. (Housing & Economic Development Committee recommends approval with amendment) No one aooeared in opposition. Laid over to November 16th for Final Adoption. - 640 - ..1 November 9, 1989 16. Appeal by Jeffrey Kantner to a decision of the Planning Commission which denied a Non -Conforming Use Permit for a three-plex occuoancy of a two-family residential unit located at 1800 Englewood. (Laid over from October 19th) Councilmember Sonnen explained this appeal was laid over in order to look into the possibility of a restrictive covenant and she said a restrictive covenant will be placed on the deed and she moved approval of the aooeal and gave the City Attorney a list of findings. Council member Dimond said both staff and the Planning Commission recommend denial and he will not support the motion for aooroval. Councilmember Scheibel stated at the public hearing points were raised of unique circumstances and he sai he is in suoport of the restrictive covenant. Peter Beck, attorney representing Mr.'.Kantner, appeared and said he reviewed the covenant in length with his client, and Mr. Kantner appeared and stated he has reviewed the restrictive covenant and will .abide by it. Roll call on the motion to approve the aooeal with a restrictive covenant. Adopted Yeas - 4 Nays - 2 (Dimond/Rettman) 17. Final Order - 89-2003 - Improving streets listed with concrete curb and gutters, bituminous surfaced roadway, concrete driveway aprons and outwalks, boulevard sodding and lantern style street lighting system in conjunction -with -the project- - known as the Seventh/Otto Street Area Street Paving & Lighting project. '(Public Works Committee recommends approval) No one aooeared in opoosition. Councilmember Goswitz moved aooroval of the Order. Roll call. Adopted. Yeas - 6 Nays - 0 18. Final Order - 89-2004 - Constructing the Seventh/Otto Street Area Storm Sewer oroject for the area bounded by I -35E, Shepard Road, Osceola and Sumac. (Public Works Committee recommends aooroval) No one appeared in opposition. Councilmember Goswiti moved aooroval of the Order. Roll call. r Adopted Yeas - 6 Nays - 0 19. Final Order -'89-2005.- Constructing sanitary, storm and water service connections if requested for the 'combined sewer separation oroject known as the Seventh/Otto Street Area Storm Sewer and Street Paving & Lighting oroject. (Public Works Committee recommends aooroval) No one appeared in opposition. Councilmember Goswiti moved approval of the Order. Roll call. Adopted Yeas - 6 Nays - 0 20. Resolution - 89-2006 - Approving the petition of the City of St. Paul for the vacation of part of Stroh Drive bounded by Bush and Reaney to correct a title oroblem. (Public Works Committee recommends approval) No one appeared in ooposition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 21. Resolution - 89-2007 - Approving the petition of Kowalski's Red Owl Store to vacate Part of the alley in Blk. 1, Stinson's Blvd. Addn, for the area bounded by Grand, Summit, Syndicate and the Short Line to extend present business. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 IF1011e _._,._....._..--...---..-.. . Rdooted Yeas - 6 Nays - 0 23. Resolution - 89-1943 - Approving application for the transfer of On Sale Liquor, Sunday OnSale Liquor, Off Sale 3.2 Malt Beverage, Entertainment III and Restaurant Licenses currently held by Bottom Line Enterorises, Inc. dba Chamoos located at 2431 W. 7th Street transferred to B Ventures 1, Inc. dba Chamoos located at the same address. (Laid over from October 26th) No one appeared in 0000sition. Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 24. Hearing to consider proposals of the HRA to adopt a Redevelooment Plan amendment and a Tax Increment Financing Plan for Downtown and Seventh Place District. Ken Johnson of PED appeared and explained the three necessary actions to be taken by Council and he explained the procedural steps and the proposal as a whole. . Councilmember Scheibel said there could be further tax relief at a future time. Councilmember Rettman said monies could be used for tax relief and nothing in the plan is oredetermihed and all items must come before Council for approval Jim Hart exolained why immediate relief is occurring and he said public improvements will not necessitate use of CIB funds for financing. Councilmember Dimond stated this Plan is being paid for by development already going on in the downtown. Councilmember Scheibel said it is very clear this is not set for any one oarticular project, and Councilmember Rettman said this is a wise financial decision. No one else appeared. At this time there was discussion and agreement to continue the agenda of the City Council before taking action as the HRA. ADDITIONAL ITEM Resolution - 89-1780 - Retaining the law firm of Jardine, Logan & O'Brien to reoresent and defend the City in Tort Liability cases at rates not to exceed $98.00 oer hour. (Finance Committee recommends approval - Laid over from November 7th) Upon request of Councilmember Dimond, Frank Villaume of the City Attorney's gave a brief synopsis of each case involved. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 1 (Rettman) Councilmember Dimond moved to recess. Adopted Yeas - 6 Nays - 0 At this time the Council reconvened as the HRR and Councilmember Scheibel moved aooroval of the amended Redevelooment Plan and the Tax Increment Financing Plan for the Downtown and Seventh Place District. Roll call. Adopted Yeas - 6 Nays - 0 At this time Council acting as the HRA recessed and the meeting of the City Council was reconvened. - 642 - M 3. 4. MINUTES OF THE COUNCIL 9:00 A.M NOVEMBER 14, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Vice President Wilson at 9:05 A.M. Present - 4 - Councilmembers Dimond,Lon9, Rettman, Wilson Absent- 3 - Councilmembers Goswitz and Sonnen (arrived at points during the meeting) and Councilmember Scheibel (excused) CONSENT AGENDA Councilmember Dimond moved appproval of the Consent Agenda. Adopted' Yeas - 4 Nays - 0 Claim of Todd Bauer, 1507 York, filed November 2, 1989, was read. Referred to the City Attorney's Office. Claim of George Burg, Trustee for Kathryn Burg, 2279 Summit, filed November 2, 1989, was read. Referred to the City Attorney's Office. Claim of Francis Froelke, 1664 E. Nebraska, filed November 2, 1989, was read. Referred to the City Attorney's Office. Claim of Nancy Hedberg, 1437 Wynne, filed November 2, 1989, was read. Referred to the City Attorney's Office. Claim of Russell Kane, 171 N. McKnight, filed November 2, 1989, was read. Referred to the City Attorney's Office. Claim of Antoinette Kennedy (Loren Dorshew, attny.) filed November 2, 1989, was read. Referred to the City Attorney's Office. Claim of William Koch, 1491 E. 3rd, filed October 30, 1989, was read. Referred to the City Attorney's Office. Claim of Isabel Laflin, 1476 Iglehart, filed .November 2, 1989, was read. Referred to the City Attorney's Office. Claim of Bernice LaPointe , 1619 Hubbard #2, filed October 31, 1989, was read. Referred to the City Attorney's Office. Claim of Leslie Murphy, 215 S. Dunlao #7, filed October 30, 1989, was read. Referred to the City Attorney's Office. Documentation and communication of Sharon Anderson. Filed (CC #13212) Letter of the State Department of Revenue submitting Application No. 342847 of ' Kathy Lamphere for Lake Phalen Housing Limited Partnership for reduction of assessed valuation for certain real estate in the City. Filed (CC #13213) Petition of H.H.H. Company to vacate part of the alley in Blk. 13, Lots 7, 8 and 9 and Lots 19, 20 and 21 in Hager's Subdivision. (FOR REFERRAL TO FINANCE DEPARTMENT FOR CHECK AS TO SUFFICIENCY AND FOR RECOMMENDATION) Referred to the Finance Deoartment. - 644 ) J November 14, 1989 5. Administrative Orders D-10551 through D-10570 were noted as on file in th City Clerk's Office. 6. Resolution - 89-2009 - Amending the 1989 budget by adding $348.00 to the Financing & Spending Plans for Community. Services Parks & Recreation Zoo Animal fund. (FOR ACTION) Adopted Yeas - 4 Nays - 0 7. Resolution - 89-2010 - Amending the 1989 budget by adding $8,217 to the Financing & Spending Plans for Civic Organization Contributions for Indochinese Food Bank. (FOR REFE RAL TO THE FINANCE COMMITTEE) Adooted Yeas - 4 Nays - 0 B. Resolution - 89-2011 - Approving_ participation in the Economic Dislocation and Worker Adjustment Assistance Act (EDWAA), authorizing Proper City officials to execute appropriate contracts, and amending the 1989 budget by adding $20,577 to the Financing & Spending Plans for said Drogram. (FOR ACTION) Adopted Yeas - 4 Nays - 0 9. Resolution - 89-2012 - Approving the canvass and declaring the results of the November 7, 1989 City General Election. (FOR ACTION) Adopted Yeas - 4 Nays - 0 10. Resolution - 89-2013 - Approving Supplemental Agreement ,stipulating payment to MnDOT of $17,150 from sewer bond funds for watermain offset and replacement work .in the reconstruction of I-94 and 35-E. (FOR ACTION) Adopted Yeas - 4 Nays - 0 11. Resolution - 89-2014 - Setting a date of public hearing for December 5, 1989 to consider. increase in 1990 Sewer; Service Availability Charges. ,(FOR ACTION) Adopted Yeas - 4 Nays, -,0 - 12. Resolution - 89-2015 - Reducing summary abatement from $184.50 to $41.50 for property located at 549 Stryker. (FOR ACTION) Adopted Yeas - 4 Nays - 0 13. Resolution -. 89-2016 -, Supporting proposal to facilitate a retreat for community organizers and representatives from to Councils, the Mayor, City Councilmembers and appropriate staff to enhance citizen participation and improve communication. (FOR ACTION) Adopted Yeas - 4 Nays -, 0 14. Resolution - 89-2017 - Authorizing proper City officials to convey by Quit Claim Deed property located at Rice and Owasso Boulevard to Robert G. Nelson. (FOR x ACTION) Adopted Yeas - 4; Nays - 0 ORDINANCES 15. First Reading - 89-2018 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property bounded by E. 7th, Bates, L 6th and Mounds Boulevard from B-3, OS -1 and, RM -2 to B-2 for a university campus and associated. parking. 7 (FOR ACTION - Hearing. held September 7, 1989) Laid over to November 21st for Second Reading. i - 645 - PSi t > F { November 14, 1989 , �7 PUBLIC HEARINGS 16. Third Reading - 89-1506 - An ordinance amending Section 376:13 of the Legislative Code pertaining to vehicle license transfer fees for taxi cabs. '• (Finance Committee recommends approval) license Michael Breckmann of 503 Griffith appeared and spoke in support of the transfer fees and spoke in 0000sition to recent oolicy changes in the License Division which increased the number of cabs. i xn. Noone else appeared. After some discussion there was agreement that further discussion of policy change be held in the Community & Human Services Committee. Laid over to November 30th for Final Adoption. "{ 17. Third Reading - 89-1901 - An ordinance amending Chapter 161 of the Legislative sn Code pertaining to snow emergency routes and establishing a pilot snow emergency (Public Works Committee recommends approval) ' plowing orogram. No one appeared in opposition. Laid over to November 21st for Final Adoption. 18. Hearing to consider the appeal of Clara Charles to a Summary Abatement Order for property located at 1023 Dayton. (Laid over from November 7th) Upon of Councilmember Wilson this item was laid over three weeks to request December 5th. Laid over to December 5th. 'y 19. Resolution - 894966 — Denying application for the renewal of State Class B Gambling License apolid for -by the Church of St. Bernard's at St. Bernard's 167 W. Geranium. (Laid over from November 7th) Lanes located at Christine Rozack of the License Division appeared and said she spoke with Mr. Martin of St. Bernard's who requested this application be denied and he stated 54< ` they will be reaooly at a later date. Councilmember Rettman moved denial of the application. Adopted Yeas - 4 Nays - 0 20. Resolution - 89-2019 - Revoking Enterprise Zone Credits previously approved for Kodiak Corooration and D.K. Conners, Ltd. (FOR ACTION) Noone appeared in'ooposition: Councilmember Dimond movd approval of the resolution. Adopted Yeas - 4 Nays - 0 - 21. Resolution - 89-176B -'Ratifying assessment for condemning and taking permanent utility easements and temporary construction easements in conjunction with the Sylvan/Acker Area Storm Sewer Seoaration oroject. (Laid over from October 31st _ - Public Works Committee recommends approvalPete) stated an ionative site Finance and'he requested the resolutand co demnationDivision beenrloca doforhthisbe withdrawn Councilmember Rettman moved that the resolution be withdrawn. Adopted Yeas - 4 Nays - 0 Withdrawn. 22. Resolution - 89-2020 - Approving application for the renewal of various Class III Licenses as listed. ? No one aooeared in opposition. Councilmember Long moved approval of the resolution. Nays 0 <- Adopted Yeas - 4 - � � S 646 - November 14, 1989 23. Resolution - 89-2021 - Approving application for State Class B Gambling License applied for by Minnesota Waterfowl Association at North End Deoot located at 1638 Rice.' No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 24. Resolution - 89-2022 - Approving the transfer of Gambling Manager's Licenses currently held by Scott Nelson dba Minnesota Waterfowl Association at Dahir's Bar A Grill located at 674 Dodd Road transferred to Bruce Bauer at North End Depot located at 1638 Rice. No one appeared in opoosition. Councilmember Rettman moved approval of a substitute resolution. Adopted Yeas - 4 Nays - 0 25. Resolution - 89-2023 - Approving application for Class C Gambling Location Licenses applied for by Two D, Inc, dba North End Depot located at 1638 Rice. No one appeared in opposition. Councilmember Rettman moved approval of a substitute resolution. Adopted Yeas - 4 Nays - 0 26. Resolution -'89-2024 - Approving application forthe renewal of various On Sale Liquor and Supporting Class III Licenses as listed. No one appeared in opposition. Councilmember Rettman moved aoorovat of a substitute resolution. Adopted Yeas - 4 Nays - 0 27. Resolution - 89-2025 - Approving application for the renewal of various On Sale Wine and Supporting Class III Licenses as listed. No one appeared in opposition. Councilmember Rettman moved approval of a substitute resolution. Adopted Yeas -'4 Nays - 0 28. Resolution - 89-2026 - Approving application for the transfer of On Sale Liquor, Sunday On Sale Liquor, Entertainment III and Restaurant Licenses currently held by Mounds Park Lounge, Inc. (Matthew L. Pilla) dba Mounds Park located at 1067 Hudson Road transferred to Mounds Park Lounge, Inc. (Matthew G. Pilla) dba Mounds Park Lounge at the same address. No one appeared in opposition. Councilmember Rettman moved approval of a substitute resolution. Adopted Yeas - 4 Nays - 0 Councilmember Sonnen arrived at this Point in the meeting. 29. Resolution - 89-2027 - Suspendinglicenses held by Gopher Elks Lodge No. 105 located at 739 Selby. (NOT CONTESTED) Tom Weyandt of the City Attorney's Office appeared and presented his 'staff report and reviewed the investigation of private clubs. City Attorney Ed Starr commented on a statement and question of Councilmember Sonnen pertaining to the ex parte contact ordinance. Councilmember Dimond referred to changes being made which will allow organizations to operate with better management and he said the Elks have taken steps to correct their establishment. Councilmember Dimond moved a two day suspension to be stayed for one year. Councilmember Wilson spoke in suoport of the motion and said the Elks have outlined new steps taken to not make the same mistakes. Councilmember Rettman also referred to changes being made and she said she was also contacted by a member of the VFW but did not speak with the member and she said she is in support of the motion. (Discussion continued on following page) - 647 - N d - ,r November 14, 1989 l _ (Discussion continued from orevious oage) Councilmember Long said he also was contacted by the same individual but did not sneak with him and he sooke in support of the motion. Roll call on the motion for a two day suspension stayed for one year. Adopted Yeas - 5 Nays - 0 / 1A 30. Report of the Administrative Law Judge including Findings of Fact,; Conclusions licenses field by y, and Recommendations in the matter of adverse hearing involving Anderson Nelson VFW located at 648 E. Lawson. Tom Weyandt of the Cityy Attorney's Office appeared and oresented his staff to the of the Administrative Law Judge and he report and referred recommendation said if Council deviates from that recommendation to please articulate the reasons. Councilmember Goswitz arrived at this point in the meeting. John Daubney appeared and said he is representing all three VFW's and he said l ' they are ,not contesting the findings of the Administrative Law Judge and he requested a two days suoension stayed for one year. Councilmember Dimond moved a two day suspension stayed for one year. He said he received a call from a VFW member and he said the VFW recognizes their errors and intend to correct them and he said if they are before Council again on the violations there will be very definite penalties. Mr. Daubney responded to several questions of Councilmember Sonnen and said they are not contesting the ALJ's report of findings of facts. y Councilmember Sonnen said she Will not vote on the motion, as she believes there r. was a willful disregard for the law. Councilmember Long spoke in support of the motion and stated for the record this — a,; finding is not politically motivated as indicated by the ALJ. ' for Roll call on the motion for a two days suspension stayed one year. Adopted Yeas - 5 Nays - 1 (Sonnex) 31. Report of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Rice Street VFW located at 1138 Rice. Tom Weyandt of the City Attorney's Office aooeared and oresented his staff reoort and referred to the recommendation of the Administrative Law Judge and he said if Council deviates from that recommendation to please articulate the reasons. Councilmember Dimond moved a two day suspension stayed for one year. Councilmember Rettman spoke in support of the motion. Roll call. Adopted Yeas - 5 Nays - 1 (Sonnen) Councilmember Sonnen referred to double standards on the Dart of the Council and z Councilmember Dimond responded stating he believes Councilmembers do not make decisions based on race, creed or affiliation. Councilmember Wilson said Councilmembers have different opinions on same • subjects and he said he does disagree with comments made by Councilmember Sonnen and that he sees a consistency in Council actions. »yY g 32. Report of the Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by Tanners Lake VFW located at 1795 E. 7th. Tom Weyandt of the City Attorney's Office aooeared and oresented his staff l! m report and referred to the recommendation of the Administrative Law Judge and he if Council deviates from that recommendation to please articulate the said reasons. (Discussion continued on following nage) 01 _ ._ 648 - tulscusslon COnL1nUea Trom prevluu5 Rage) Mr. Daubney appeared and requested a two day stayed suspension. Councilmember Dimond moved that the license be suspended for two days and stayed for a period of one year. Adopted Yeas - 6 Nays - 0 ADDITIONAL ITEMS - Resolution - 89-1715 - Removing residential permit parking restrictions on both sides of Wilder between -Dayton and Selby and both sides of Moore between laurel and Selby. (Public -Works' Committee recommends approval - Laid over from November 9th) _ It was noted that the Public Works Deoartment had checked into this item and after some discussion Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 6 Nays -`0` Discussion,of Truth -in -Taxation notice format. (Laid over from November 9th) Councilmembers Rettman and Sonnen spoke in support of the revised draft dated November 9th. Councilmember Long noted that if the public hearing on the budget is continued to'Friday state law mandates it be held at 7:00 P.M. and not 10:00 A.M. Greg Blees appeared and said the Budget Office views this-as,the minimal amount of information to place on the public hearing'notice and he referred 'to State, law requirements. Councilmember Sonnen requested that the pie chart graph also be included in the public hearing notice as 'it graphically illustrates where the tax dollars are beingsoent and Councilmembers Rettman, Goswitz, Dimond .and Long spoke in support of that request. After further discussion Greg Blees indicated he will draft a"format for fine tuning by Council: Councilmember Dimond announced he will be excused from meetings Wednesday, November 15th to Wednesday,November 29th. - Councilmember Dimond moved that the meeting be'adjourned. Adopted - Yeas - 6 Nays - 0 ADJOURNED AT 10:15 A. M. Council Prresi President ATTEST: Copies sent to Councilmembers Minutes approved by -Council /a - %- CTiy e� ABO:omk i ' MINUTES OF THE COUNCIL u ° 9.00 A.M NOVEMBER 16, 1989 COUNCIL CHAMBERS-CITY'HALL & COURT HOUSE c SAINT PAUL, MINNESOTA The meeting was called to order by Vice President Wilson at 9:05 A.M. Present - 4 - Councilmembers Goswitz, Long, Rettman, Wilson h Yt; �e ,t Absent - 3 - Councilmembers Dimond (excused); Scheibel (excused) and Sonnen (arrived at a point during the meeting) CONSENT AGENDA Councilmember Long moved 'approval of the Consent Agenda. Adooted Yeas - 4 Nays - 0 1. Approval of minutes for City Council meetings of September 28, and October 3, 5, Er 'r 10 and 12, 1989. # , Adopted Yeas - 4 Nays. -,0 ( 2. Claim of Drake Marble Company, 60 Plato Boulevard, filed November 2, 1989, was i read. t% Referred to the City.Attorney's Office. Claim of Mary Kane, 3575 Lexington Ave. S., Eagan, MN 55123, filed November,2, 1989, was read. Referred to the City Attorney's Office. Kti'> Claim of St. Clair Racquetball Club & Fitness Center, 1560 St. Clair, filed November 3, 1989, was read. r Referred to the City Attorney's Office. 3. Summons and complaint in'the matter of Rebecca Cassidy for Megan Cassidy and individually vs the City of St. Paul et al. Referred to the City Attorney's Office. 4. Letter of the City Attorney's Office, announcing a date of public hearing for November 27th before an Administrative Law Judge pertaining to 'possible adverse action against licenses held by The Rand, Inc. dba Starting Gate Restaurant located at 2516 W. 7th Street. Filed (CC #13211) . 5. Petition of Catholic'Charities of the Archdiocese of St. Paul and Minneaoolis to r vacate oarts of Old Sixth Street and N. Exchange Street. (FOR REFERRAL TO THE FINANCE'DEPARTMENT FOR CHECK AS TO FORM &SUFFICIENCY AND FOR RECOMMENDATION)_,., Referred to the Finance Deoartment. 6. Letter of the Real Estate Division recommending, a date of public hearing be established for December 19, 1989 to consider the petition of Knox Home Center, Inc. for the vacation of wart of Cottonwood Avenue between Prior and Fairview. Laid over to December 196 for Public Hearing. tk} 7. Resolution - 89-1999 - Approving and ratifying Memorandum of Agreement with the L ) St. Paul Classified Confidential Employees Association. (Second Reading & @ Adoption - FOR ACTION) ra `V. -� Adopted Yeas - 4 Nays - 0 1 g 8. Resolution - 89-2029 - Amending the 1989 budget by adding $1,749 to the Financingg &Spending Plans for Public Utilities Investigation - Gas. (FOR REFERRAL TO THE FINANCE COMMITTEE) `V Referred to the Finance Committee. r ;? - 650 - November 16, 1989 9. Resolution - 89-2030 - Amending the 1989 budget by adding $50,000 to the Financingg & Spending Plans for Purchasing's Consolidated Stores fund. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 10. Resolution - 89-2031 - Amending the 1986 and 1989 GIB budgets by adding $323,400 to comolete roof reolacement and building tuckpointing of the Central Library. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 11. Resolution - 89-2032 - Amending the 1983 and 1989 CIB budgets by adding $114,540 to make the Groveland Warming House handicapped accessible for child care program and to make the Science Museum handicapped accessible and for energy' management improvements. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 12. Resolution - 89-2033 - Abandoning the Neighborhood Commercial Area Improvement Program and the Cohansey Open Space Lot Acquisition and amending the 1983, 1985, 1987 and 1989 CIB budgets by transferring $553,886.50 to contingency for allocation to other projects: (FOR REFERRAL 70 THE FINANCE COMMITTEE) Referred to the Finance Committee. 13. Resolution - 89-2034 - Authorizing proper City officials to execute 1989 contracts for funding with Rainbo Children's Theatre, Jewish Community Center, Pilgrim Academy Preschool, and Resources for Child Caring to provide improved child care opportunities. (FOR ACTION) Adopted Yeas - 4 Nays - 0 14. Resolution - 89-2035 - Authorizing proper City officials to execute an agreement with the 'State Deoartment of^Public Safety whereby the City will conduct tri - annual inspections of hotels and motels, require City inspectors to successfully complete an instructional Fire Code Enforcement course, and perform other tasks. fFOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. 15. Resolution - 89-2036 - Aporoving the reduction of total assessment from $35,963.20 to $27,679.20 to properties located on Selby between Howell and Fairview in conjunction with the Cleveland/Portland Paving project. (FOR ACTION) Adopted, Yeas - 4 Nays - 0 16. Resolution 89-2037 - Authorizing payment in the amount of $6,800 to Mildred Brown from the Tort Liability Fund in full settlement of claim. (FOR ACTION) Adopted Yeas- 4 Nays - 0 ORDINANCES 17. Final Adoption - 89-1825 - An ordinance amending Chapter 45 of the Legislative Code pertaining to nuisance abatements involving heritage oreservation sites. (Housing &Economic Develooment Committee recommends approval) Councilmember Rettman moved approval of the ordinance. Adopted Yeas - 4 Nays - O Ord. #17695 18. Final Adootion - 89-1826 - An ordinance amending Chapter 73 of the Legislative Code pertaining to the Heritage Preservation Commission and demolition of buildings. (Housing & Economic Develooment Committee recommends approval with amendment) Councilmember Rettman moved approval of the ordinance. Adopted Yeas - 4 Nays - 0 Ord. #17696 IZ111M � 5 November 16, 1989 tiW u PUBLIC HEARINGS 20. Hearing to consider the request of Marjorie Bauer for a Lot Split with variance A >l for property located at 1487 Edgerton. t Upon question of Councilmember Long, Councilmember Goswitz stated the Public v. Works Committee recommended approval of the lot split. �r No one appeared in opposition. Councilmember Rettman moved approval of the lot split. Roll call. r•v Adopted Yeas - 4 Nays - 0 21. Hearing to consider the request of James Wingate for a Lot Split with variance for property located on unimoroved Arkwright north of Wheelock Parkway. (Public Works Committee recommends approval) a No one appeared in opposition. Councilmember Rettman moved approval of the request for lot split. Adopted- - Yeas - 4Nays - 0 22. Hearing to consider the request of the St. Paul Port Authority for Final Plat x ; Review of the Barge Channel Road. ° No one appeared in 0000sition.' Counciimembers Goswiiz and Rettman moved approval of the request for final plat t` f" review. dQ Adooted Yeas - 4 Nays - 0 23. Resolution - 89-2038 - Approving application with stipulations for Class B Gambling License applied for by Arcade Phalen American Legion Post #577 located at 1129 Arcade. No one aooeared in 0000sition. Councilmember Goswitii moved approval of the resolution. Adopted Yeas - 4 Nays - 0 24. Resolution - 89-2039 - Approving application for State Class B Gambling License applied for by East Twins Babe Ruth at Gatsby's located at 2554 Como. - No one aooeared in 0000sition. x Councilmember Rettman moved anoroval of the resolution. - Adopted Yeas - 4 Nays - 0 25. Resolution - 89-2040 - Approving application for Class B Gambling Location License aoolied for by J J Enterprises, Inc./R-Mont, Inc. dba Gatsby s located at 2554 Como. No one aooeared in opposition. Councilmember Rettman moved aoproval of the resolution. Adopted Yeas - 4 Nays - 0 26. Resolution - 89-2041- Approving application for Gambling Manager's License aoolied for by Jim Faser dba East Twins Babe Ruth at Gatsby's located at 2554 Como. No oneaooeared in 0000sition. Councilmember Rettman moved approval of the resolution. A Adooted Yeas - 4 Nays - 0 3 _ 27. Resolution - 89-2042- Approving application for the renewal of State Class A y ' Gambling License applied for by Tenth Street Boxing Club located at 1324 E. e. Nosone appeared in opposition. 3k� Councilmember Goswiti moved approval of the resolution. Adopted Yeas - 4 Nays - 0 3 E v 652 - v �a ea a, November 16, 1989 - i r 2c 28. Resolution - 89-2043 - Approving application for the transfer of. Gambling Bloomquist dba Lower Eastside Football Manager's License currently held by Alan Flaherty's located at 499 Payne transferred to Marlene Thilgen at v }# Association at the same address. " Y No one aopeared in 0000sition. 40 Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 S 29. Resolution - 89-2044 - Approving application for the renewal of Gambling Camp located at ` Manager's License applied for by E. Thomas Bauer dba Trade Lake 2051 Ford Parkway. € S No-one aopeared in 0000sition. It Councilmember Long moved approval of the resolution. Nays 0 Na . Adopted' Yeas - 4 - 30. Resolution - 89-2045 - Approving application for the renewal of Gambling Club v Manager's License aoolied-for by Bruce Smith dba Rice Lawson Booster 1 located at 586 Rice i No one apoeared in oopositlon. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 y )a„ 31. Resolution - 89-2046 Appproving request of Lotus Victoria Crossing, Inc. dba for Strong Malt Beverage License in conjunction with i Lotus Victoria Crossing a the On Sale Wine & Restaurant Licenses at 867 Grand. No one appeared, in opposition. ; Councilmember Rettman moved aooroval of the resolution. Adooted Yeas - 4 Nays - 0 32. Resolution - 89-2047 - Approving aoolication for General Repair Garage License s applied for by Roy Berger dba Automation, Inc. located at 1196 E. 7th. ) gone aooeared in opposition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 Councilmember Rettman moved that the rules be suspended to consider item not, Li pn the agenda pertainingg to the transfer of a Gambling Manager's License for aon the agenda Tuesday, November 21st for Public hearing. plcement Roll call on the motion for suspension. j Adopted Yeas - 4 Nays - 0 Y Resolution - 89-2078 - Approving application for the transfer of Gambling held by Scott Nelson dba Minnesota Waterfowl Managger's License currently Association at Beaver Lounge located at 756 Jackson transferred to Bruce J. Bauer located at the same address. Councilmember Rettman moved that this resolution be laid over to Tuesday, November 21st for public hearing. 0 Adopted Yeas - 4 Nays - Councilmember Sonnen arrived at this point in the meeting. a 19. Petition of Victor Rosenblum to rezone property located at 271 N. Snelling from involving electroplating. (Public B-3 to I-1 to permit light manufacturing a Hearing closed - Laid over from October 19th) Councilmember Wilson said the public hearing on this item has been closed but Council may ask questions of staff. Upon of Councilmember Long, Chuck McGuire of PED stated the k question Comprehensive Plan calls for this area to be commercial. ...� ` , (Discussion continued on following page) - 653 - a;i• 654 - November 16, 1989 (Discussion continued from previous page) r Uoon request of Councilmember Sonnen, District Fire Chief Al Bataglia appeared ' and explained circumstances for the area around Iglehart. He said this � establishment has a number of processes with hazardous materials and that they have been working with the Fire Code Prevention Office but he said he does have some concern with denied access to the structure in order to facilitate fire it a equipment and he said if this property is rezoned to the south will create bigger problem. Councilmember Sonnen suggested that rezoning is a first step of the process for this establishment and that she believes if the rezoning is granted they wilI then request a street vacation for Iglehart. She said many neighborhood Deoole have concerns and she suggested a process in which the rezoning, site plan and street vacation can occur in one action. Uoon question of Councilmember Goswitz, Fire Chief Bataglia said there are toxic u reactive chemicals along with normal combustibles at this site and he referred } to one incident in 1981 in which there was a cloud of chemicals but said there have been no fires there. Upon question of Councilmember Rettman, Mr. McGuire said the rezoning request is independent to the request for vacation of Iglehart, and Councilmember Sonnen said it makes no sense to approve the rezoning if at a laterdate we reject a site plan and/or request for street vacation. Mr. Rosen, attorney representing Victor Rosenblum, appeared and said the Fire.. ' Department made an investigation at the request of his client. He said the street vacation would enhance the safety of the area and they have made aoDlication for a street vacation but he said approval of rezoning is the first step and he urged Council to act on this item today, and he answered various questions of Councilmember Long. Upon .request of Councilmembers, Fire Chief Bataglia appeared and stated some visits to this site by the Fire Deoartment have been at the request of Mr. Rosenblum and others because of new Federal mandates and he again stressed their main concern is accessibility. Councilmember Rettman left the meeting at this Point. Councilmember Wilson suggested the rezoning, site plan and street vacation all be acted upon individually in order to be consistent. Councilmember Sonnen said the lease agreement the petitioner has with the Corvette establishment and money being held by the State hinge on all three decisions being made and she requested the petitioner orepare a site plan for review and requested this item be laid over in order for all Councilmembers to act on. Upon question of Councilmember Long, Jerry Segal said when the City rezones a single parcel the consent of the property owner and a petition is required. After further discussion roll call was taken for a layover to Tuesday, November 21st. Adooted Yeas - 4 Nays - 0 Laid over to Tuesday, November 21st. Councilmember Long moved that the meeting be adjourned. Adooted Yeas - 4 Nays - 0 ATTADJOURNED AT 99.55 A. M. kA6RX—Counci I-Presi e�— i y er Copies sent to Councilmembers LMA:pmk Minutes approved by Council a;i• 654 - .;r ffa „ a MINUTES OF THE COUNCIL 9:00 A.M NOVEMBER 21, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:20 A.M. Present - 6 - Council members Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 17 Councilmember Dimond Max Metzger, Music Director of the Parks Pop Orchestra, appeared to announce a fundraiser for San Francisco earthqquake victims to be held at the St. Paul Hotel on December 3rd at 3:00 P.M. and he encouraged people to attend. 4 ; NISCELLANEOUS... u' 53. Recognition of retiring City of St. Paul employees. Councilmember Scheibel recognized Gene'Oavis retiring from the Public Works Department after '22 years of service to the City. - CONSENI'AGENDA Upon request of Councilmember Scheibel, Item No. 15 was referred to the Housing & Economic Development Committee.' Upon request of Councilmember Long, Item No. 16 was referred to the Legislation Committee,'and Administrative Orders' D-10576, D-10589, 0-10590 and D-10591 were referred to the FinanceCommittee for review, and Item No. 18 was pulled from the Consent 'Agenda for discussion. - Councilmember Wilson moved approval of the Consent Agenda as amended above. Roll call. Adopted Yeas - 6 Nays - 0 1. Claim of Ann Athen (John Bannigan, attny.), filed November 13, 1989, was read. - Referred to the City Attorney's Office. Claim of James Chastek (Travelers Companies), filed November 8, 1989, was read. Referred to the City Attorney's Office. Clairoof College .of St. Thomas,2115 Summit, filed November 6, 1989, was read.` Referred to the City Attorney's Office. Claim of Jamie Crofton (James Dunn, attny.) filed November 8, 1989, was read. Referred to the City Attorney's Office. Claim of Illinois Farmers Ins. Co., (Timothy Eiden, attny.) filed November 13, 1989, was read. Referred to the City Attorney's Office. Claim of Douglas Lamb, 11223 Valley Creed Road, Woodbury, MN, filed November 8, _ 1989, was read. Referred to the City Attorney's Office. Claim of Rene Lehew, 910 Charles Apt. C, filed November 7, 1989, was read. Referred to the City Attorney's Office. - 655 _ { i `-_------------------ 9 t- 7� November 21, 1989 Claim of Stephen Markheim, 4532 Greenwood Dr., Minnetonka, MN filed November 7, 1989, was read. Referred to the City Attorney's Office. Claim of Curt Nettleton, 2247 Woodlynn Ave., Maplewood, MN filed November 6, k 1989, was read. 5 Referred to the City Attorney's Office. {n hT} Claim of Valerie Quinlan, 1628 Cumberland, filed November 8, 1989, was read. Referred to the City Attorney's Office. x? �' Claim of Steven Thompson, 1930 Margaret St., filed November 13, 1989,.was read. Referred to the City Attorney's Office. Claim of Elaine Zoch (John Pecchia, attny.), filed October 30, 1989, was read. ,N Referred to the City Attorney's Office. 2. Communication and documentation of Sharon Anderson. Filed (CC #13215) 3. Summons and complaint in the matter of Julian Emoson vs the City of St. Paul et al. Referred to the City Attorney's Office. 5. Summons and complaint in the matter of Thomas Scarver vs the City of St. Paul et al. Referred to the City Attorney's Office. 6. Letter of the State Deoartment of Revenue transmitting Application No. 342390 of Richard Simmer for the St. Paul Port Authority for reduction of assessed valuation for certain real estate in the City. Filed (CC #13214) 7. Appeal of Kerry Johnson to a Summary Abatement Order for property located at 732 Eoclid. (City Clerk recommends a date of public hearing be established for December 12th) ;. Laid over to December 12th for Public Hearing. - B. Aoneal of Dolores, Robinson to a Summary Abatement Order for prooerty located at _ 1237 'Jackson. (City Clerk recommends a date of public hearing be established for December 12th) Laid over to December 12th for Public Hearing. 9. Administrative Orders D-10571 through 0-10600 were noted, as on file in the City Clerk's Office. As noted above, Administrative Orders D-10576, 10589, 10590 and 10591 were referred to the Finance Committee for review. 10. Resolution - 89-2048 - Changing the rate of oay for Storeroom Suoervisor to Grade 29 Section ID1 in the Clerical Standard Ranges in the Salary Plan and Y Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) — Referred to the Finance Committee. ti 11. Resolution - 89-2049 - Establishing the rate of oay for Payroll Clerk in Grade 24 Section ID1 of the Salary Plan and Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. i - A r . - 656 - `-_------------------ 12. Resolution - 89-2050 - Adjusting rates of pay for House Custodian I and increasing premium payment for specific Civic Center activities in the Salary Plan and Rates of Comoensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 13. Resolution - 89-2051 - Establishing a salary range under the 1989 Fire Supervisory Standard Ranges and establishing rate of oay for Fire Disoatch Supervisor in the Salary Plan and Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 14. Resolution 89-2052 —Changing the rate of oay for Fire Communications Chief to Grade 46 Section ID6 of Fire Supervisory Standard Ranges. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 15. Resolution - 89-2053 - Adopting the East Grand Avenue Small Area Plan as an amendment to the citywide Land Use Plan. (FOR ACTION) Referred to the Housing & Economic Development Connittee. 16. Resolution - 89-2054 - Authorizing proper City officials to execute an agreement with David W. Bieging of Dorsey and Whitney for providing professional services to PED and Public Works in developing and implementing projects and urograms and to cancel current contract between the law firm of Robins, Kaplan, Miller and Ciresi: (FOR ACTION) Referred to the Legislation Committee. 17. Resolution - 89-2055 - Correcting legal description of the vacated alley in B1 k. 1, Florence Addition for the area bounded by University, Aurora, Marion and Rice as adopted by C.F. 266769, C.F. 267241, and C.F. 89-1030. (FOR ACTION) Adopted Yeas - 6 Nays - 0 19. Resolution - 89-2057 - Supporting an increase in state funding for the Combined Sewer Separation Program to cover the decreases in federal contributions while maintaining the state portion agreed to in the original financing agreement and taking into account annual inflationary increases. (FOR ACTION) Adopted Yeas - 6 Nays - 0 20. Resolution 89-2058 - Supporting efforts of Ramsey County to oersuade Legislature to adjust the $2,000 bond trigger providing that clear, arEiculable and non-discriminatory standards for the waiver are substituted. (FOR ACTION) Adopted Yeas - 6 Nays - 0 21. Resolution - 89-2059 - Supporting the State University System's request for aooroximately $16.6 million in state bonding to develop the new site for Metropolitan State University. (FOR ACTION) Adopted Yeas - 6 Nays - 0 22. Resolution - 89-2060 - Supporting legislation that would allow, upon conviction for engaging in prostitution, the vehicle used in the act could be impounded and the driver's license suspended. (FOR ACTION) Adopted Yeas - 6 Nays - 0 - 657 - J November 21, 1989 23. Resolution - 89-2061 - Supporting amendments to Minnesota Statutes Chapter 176.011 to provide further definition of work-related exoosures and/or risk factors without limiting the present intent or benefit provisions for any emoloyee, that the St. Paul Risk Management Benefit Management Division and the City Attorney work with the medical community to develop appropriate amendments, and that the soecific amendments to said statute be brought before City Council prior to being lobbying at the legislature. (FOR ACTION) Adopted Yeas - 6 Nays - 0 i 24. Resolution - 89-2062 - Urging State Legislature to amend the law so as to exclude Urban Corps interns from oarticioation in the Public Employees Retirement Association. (FOR ACTION) Ado. Yeas - 6 Nays - 0 25. Resolution - 89-2063 - Seeking special state legislation that would 'orovide - authority for the City's Division of Parks & Recreation to apply and the Council to grant to the division on -sale, non -intoxicating malt liquor and wine licenses, and to approve vesting such a'license in oersons firms or coroorations which have contracted with the City or have received permits to use Dark premises or in caterers hired by such Persons, firms or corporations for the event. (FOR ACTION) Ado oted Yeas - 6 Nays - 0 y 26. Resolution '= 89-2064 - Urging State Legislature to provide bonding for '$10 million of the $15 million required for the library renovation project with the City to be responsible for raising oublic,and Private funds for the remainder of the oroject cost. (FOR ACTION) Adopted Yeas - 6 Nays - 0 I 27. Resolution - 89-2065 - Supporting a state legislative capital funding request in the amount of $7.5 million for construction of an esplanade along the riverfront, and directing City lobbying staff to pursue 'federal funding and other sources for the remaining $7.5 million needed to construct the esplanade along the riverfront. (FOR ACTION) Adopted Yeas - 6 Nays - 0 28. Resolution - 89-2066 - Supporting H.F. 1761 and S.F. 1442 which establishes a Hazardous Site Development Fund. (FOR ACTION) Adopted Yeas - 6 Nays - 0 29. Resolution - 89-2067- Directing proper City officials to pursue an amendment to - Section 91.14 of the Legislative Code that would enable the City to levy an assessment against a property tax owner for unpaid water and sewage charges. (FOR ACTION) Adooted Yeas 6 Nays - 0 30. Resolution - 89-2068 - Authorizing payment to General Security Services and American Family Insurance Group in the amount of $3,315.31 from the Tort Liability fund in full settlement of their claim. (FOR ACTION) Adooted Yeas - 6 Nays 0 31. Resolution - 89-2069 - Authorizing payment to Candace Bauer in the amount of $1,031.60 from the Tort Liability fund in full settlement of claim. (FOR Adooted Yeas - 6 Nays - 0 658 November 21, 1989 18. Resolution 89-2056 - Proposing changes to Minnesota Statutes, Chapter 429.101 to expand the definition of benefit to include properties that receive service". (FOR ACTION) Councilmember Sonnen referred to required rules and procedures to be followed and said this resolution should have been formally introduced to Council before being discussed in Committee. Councilmember Rettman said this has been heard in the Legislation Committee on two occasions. Councilmember Wilson said in the Rules & Policy Committee discussion was held as to the need for a procedure and the Director of Council Research is handling that. Councilmember Rettman moved aoproval of the resolution. Adopted Yeas - 6 Nays - 0 COMMITTEE REPORTS 32. Second Reading - 89-1040 - An ordinance amending Section 13 of the City Charter pertaining to procedures for the acquisition and improvement of property. (Finance Committee recommends approval as amended - City Charter recommends aooroval ) Cbuncilmember Scheibel withdrew the ordinance. Withdrawn. 33. Second Reading - 89-1041- An ordinance amending Section 14 of the City.Charter pertaining to special assessments. (Finance Committee recommends item'be withdrawn - City Charterrecommends aooroval) Councilmember Scheibel withdrew the ordinance. Withdrawn. 34. Resolution - 89-1974 - Approving Joint Powers Agreement between the Parks & Recreation Division .and ''ISD "#625 for Community' Education brochure.' "(Finance Committee recommends approval) Councilmemb'er'Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 35. Resolution - 89-1985 - Approving revision in project scope for the Wheelock Parkway Acquisition oroject. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 ORDINANCES 36. Final Adoption - 89-1574 - An ordinance amending Chapter 409 of the Legislative Code pertaining to hours and days of sale for intoxicating liquor licenses 'in conformity with recent State law changes. (Community & Human Services Committee submits to Council without recommendation - Laid over from November 7th) Councilmember Long said he is prepared to vote today against the extra two holidays. based on call from his constituents. Councilmember Rettman stated for 'the record she had a conversation with a bar owner urging denial of this ordinance." Councilmember Rettman moved denial of the ordinance and Councilmember Long spoke in support of the motion. After some discussion Councilmember Goswitz withdrew the ordinance. Withdrawn. 37. Final Adoption - 89-1901 - An ordinance amending Chaoter 161 of the Legislative Code 'pertaining to snow emergency routes and establishing a pilot snow emergency plowing orogram. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17697 - 659 - 1 � t November 21, 1989 18. Resolution 89-2056 - Proposing changes to Minnesota Statutes, Chapter 429.101 to expand the definition of benefit to include properties that receive service". (FOR ACTION) Councilmember Sonnen referred to required rules and procedures to be followed and said this resolution should have been formally introduced to Council before being discussed in Committee. Councilmember Rettman said this has been heard in the Legislation Committee on two occasions. Councilmember Wilson said in the Rules & Policy Committee discussion was held as to the need for a procedure and the Director of Council Research is handling that. Councilmember Rettman moved aoproval of the resolution. Adopted Yeas - 6 Nays - 0 COMMITTEE REPORTS 32. Second Reading - 89-1040 - An ordinance amending Section 13 of the City Charter pertaining to procedures for the acquisition and improvement of property. (Finance Committee recommends approval as amended - City Charter recommends aooroval ) Cbuncilmember Scheibel withdrew the ordinance. Withdrawn. 33. Second Reading - 89-1041- An ordinance amending Section 14 of the City.Charter pertaining to special assessments. (Finance Committee recommends item'be withdrawn - City Charterrecommends aooroval) Councilmember Scheibel withdrew the ordinance. Withdrawn. 34. Resolution - 89-1974 - Approving Joint Powers Agreement between the Parks & Recreation Division .and ''ISD "#625 for Community' Education brochure.' "(Finance Committee recommends approval) Councilmemb'er'Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 35. Resolution - 89-1985 - Approving revision in project scope for the Wheelock Parkway Acquisition oroject. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 ORDINANCES 36. Final Adoption - 89-1574 - An ordinance amending Chapter 409 of the Legislative Code pertaining to hours and days of sale for intoxicating liquor licenses 'in conformity with recent State law changes. (Community & Human Services Committee submits to Council without recommendation - Laid over from November 7th) Councilmember Long said he is prepared to vote today against the extra two holidays. based on call from his constituents. Councilmember Rettman stated for 'the record she had a conversation with a bar owner urging denial of this ordinance." Councilmember Rettman moved denial of the ordinance and Councilmember Long spoke in support of the motion. After some discussion Councilmember Goswitz withdrew the ordinance. Withdrawn. 37. Final Adoption - 89-1901 - An ordinance amending Chaoter 161 of the Legislative Code 'pertaining to snow emergency routes and establishing a pilot snow emergency plowing orogram. (Public Works Committee recommends aooroval) Councilmember Goswitz moved aooroval of the ordinance. Adopted Yeas - 6 Nays - 0 Ord. #17697 - 659 - November 21, 1989 w 38. Final Adootion - 89-1506 - An ordinance amending Section 376.13 of the Legislative Code pertaining to vehicle license transfer fees for taxi cabs. 4 Finance Committee recommends approval) �auncilmember Long moved approval of the ordinance. s i Adopted Yeas - 6 Nays - 0 Ord. #17698 h± 4r 39. Second Reading - 89-2018 - Anordinance amending. Chapter 60 of the Legislative ." Code and rezoningy property bounded b E. 7th, Bates, E. 6th and Mounds Boulevard from B-3, OS -1 and RM -2 to B-2 for a university campus and associated parking. (FOR ACTION - Hearing held September 7th) Laid over to November 30th for Third Reading. 40. First Reading - 89-2070 - An ordinance amending Section 409.06(j) of the Legislative Code by deleting the requirement for surety bonds as a condition of intoxicating liquor licenses. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES COMMITTEE) Referred to the Community & Human Services Committee. PUBLIC HEARINGS 41. Hearing to consider the appeals of Joseoh Stepka to a Summary Abatement Order and .Vehicle Abatement Order for property located at 599 St, Clair. John Betz aooeared and presented his staff report and gave some background information on this order and he recommended the aooeal be denied. It was noted no one was oresent on behalf of the aooealant. Councilmember Long moved that the appeal be denied. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 52. Resolution - 89-1520 Approving consolidation of the St. Paul Fire Department Relief Association with PERA - Police and Fire. (Finance Committee recommends denial) Councilmember Long explained this resolution was not scheduled for 'public hearing today and after some discussion there was agreement a date of public hearing is scheduled for Tuesday, December 5th. Councilmember Long moved a date of public hearing be established for December 5th. Adooted Yeas - 6 Nays - 0 Laid over to December 5th for public hearing. 42. Final Order - 89.-2071 - Improving Darts of streets as listed with concrete curb and gutters, new bituminous surfaced roadway, concrete driveway aprons and 0utwalks, boulevard .sodding and lantern style street lighting system in " conjunction with the Woodbridge/Front Area Street Paving & Lighting project. (Public Works Committee recommends approval with amendment) No one appeared in 0000sition. Councilmember Goswiti moved approval of this and the following related Orders as amended by the Public Works Committee. Peter White of the Finance Department appeared and stated the Public Works Committee amended the orders to include To6oin9 Street from Mackubin to Arundel. Roll call on the motion for approval of the orders as amended by Committee. Adopted Yeas - 6 Nays - 0 43. Final Order - 89-2072 - Constructing the Woodbridge/Front Area Storm Sewer project for the area bounded by Rice, Geranium, Dale and Sycamore. (Public Works Committee recommend aooroval with amendment) (See discussion above) ;i No one aooeared in 0000sition. Adooted Yeas - 6 Nays - 0 tI 3 660 - November 21, 1989 44. Final Order - 89-2073 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Woodbridge/Front Storm Sewer and Street Paving & Lighting project. (Public Works Committee recommends aooroval with amendment) 2J ' ee discussion above) one appeared in 0000sition. Ado oted Yeas - 6 Nays - 0 45. Final Order - 89-1962 - Improving streets listed with bituminous paving, concrete curbs, gutters and outwalks, and upgrading an existing street lighting system to a lantern style street lighting system in conjunction with the Portland/Aldine Area Street Paving & Lighting oroject. (Laid over from October 31st - Public Works Committee recommends approval as amended) Peter White aooeared and exolained the amendment. No one aooeared in opposition. Councilmember Long moved approval of this and the following related Orders as amended. Roll call. Adopted Yeas - 6 Nays - 0 46. Final Order - 89-1963 - Constructing the Portland/Aldine Area Storm Sewer project for the area bounded by Selby, Fry, Princeton and Fairview. (Laid over fromOctober3lst - Public Works Committee recommends aooroval) (See discussion above) No one aooeared. Adopted Yeas - 6 Nays - 0 47. Final Order - 89-1964 - Constructing sanitary, storm and water, service connections if requested for the combined sewer separation project known as the Portland/Aldine Area Sewer and Street Paving & Lighting project. (Laid over from October 31st - Public Works Committee recommends aooroval) (See discussion above) No one aooeared. Adopted Yeas - 6 Nays - 0 48. Resolution - 89-2074 - Approving application for a General Repair Garage License applied for by Tom A. Gavic dba Bale Imports located at 631 N. Dale. No one aooeared in 0000sition. Councilmember Wilsooinoved aooroval of the resolution. Adopted Yeas - 6, Nays - 0 49. Resolution - 89-2075 - Approving application with stipulation for the transfer of General Repair Garage'License currently held by LeRoy Watts dba B & B Motors located at 542 Stryker transferred to R & R Auto Repair, Inc. at the same address. No one appeared in 0000sition. Councilmember Sonnen moved approval of the resolution. Adopted Yeas - 6 Nays - ,0 50. Resolution - 89-2076 - Approving aoolication for the transfer of On Sale Liquor, Sunday On Sale Liquor, Restaurant and Entertainment Class III Licenses currently issued to Cumming -Pickett, Inca -and Bandana Square Title Corporation transferred to Cummings -Pickett, Inc, dba Dakota Bar & Grill. No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 661 - :a ' November 21, 1989 51. Resolution - 89-2077 - Approving application for the transfer of On Sale Liquor, Sunday On Sale Liquor, Entertainment III and Restaurant Licenses currently issued to Bandana Square Title Corporation and Bandanco, Inc. dba Filbert's Restaurant located at 1021 Bandana Boulevard transferred to Bandanco, Inc. dba Filberts Restaurant located at the same address. Adoptedd Yeas - 6 Nays - 0 ADDITIONAL ITEMS Resolution - 89-2078 - Aooroving the transfer of Gambling Manager's License currently held by Scott Nelson dba Minnesota Waterfowl Association at Beaver Lounge located at 756 Jackson transferred to Bruce J. Bauer located at the same address. (Laid over from November 16th) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Rettman moved that the rules be suspended to consider an item not on the agenda pertaining to the activation of an Off Sale Liquor License issued to North End Liquor,Inc. Roll call on suspension of the rules. Adopted - Yeas = 6 Nays - 0 ll Resolution - 89-2079 - Activating Off Sale Liquor License issued to North End C Liquor, Inc. dba North End Liquor located at 945 Rice Street. Councilmember Rettman moved aoproval of the resolution. Roll ca. AdoptedllYeas _ 6 Nays - 0. Petition of Victor Rosenblum to rezone orooerty located at 271 N. Snelling from B-3 to I-1 to permit light manufacturing involving electroplating. (Public hear closed Laid over from November 16th) Councilmember Scheibel said this will be a split vote and he suggested laying it over for all Councilmembers to be oresent to vote on it. Councilmember Sonnenrepeated an 'earlier request she made for rezoning, site plan and street vacation to be acted on by one vote. Councilmember Long moved this oetition be laid over to December 5th. Roll call. Adopted Yeas - 6 Nays - 0 Councilmember Wilson moved that the rules be suspended to consider an item not on the agenda pertaining to Sister Gabriel Herbers. Roll call on suspension of the rules. Adopted Yeas - 6 Nays - 0 Resolution - 89-2080 - Thanking Sister Gabriel Herbers for her leadershi.P, committment, dedication and efforts to nurture residents toward oositive self- worth and self -empowerment. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 At this time Council recessed and reconvened at 9:58 A.M. Councilmember Scheibel announced Council has reconvened to act as the Canvass Board to consider challenged ballots for Counciloerson in District 1 and he _ explained the orocess to be followed stating four votes are needed to rule on one motion. Councilmember Wilson requested to abstain from any participation, and Councilmember Scheibel granted that request and said it would be made Part of the record. (Discussion continued on following page) - 662 - j November 21, 1969 (Discussion continued from orevious page) Councilmember Scheibel said Councilmember Dimond is on vacation and he sent a letter requesting this vote be laid over to December 5th when he returns from vacation. Councilmember Scheibel said four votes are needed to move a motion and he said upon checking with the City Attorney's Office he found the ruling is that Councilmembers must be physically present to vote but he stated if a motion does not get four votes we can then lay the item over. Uoon questions of Councilmembers, City Attorney Ed Starr stated ,there is no ; impediment to lay over the ballot issue to a future date for reasons stated, and Council will be acting today in the scope of Councilmembers. Councilmember Rettman said she feels we should start the process today and the intent of the Council is to identify the intent of the voters on the ballots being challenged. City Clerk Al Olson appeared and said at the request of Councilmember Wilson and pursuant to State Law he recounted the ballots of the November 7th election for District 1 and he submitted his summary report of the recount as well as the 11 challenged ballots. He explained. the duty of the City Council as the Canvassing Board to rule on the challenged ballots to incorporate the results into, the summary statement. He also explained his procedure today will be to present each ballot individually for Council consideration and action and after hearing the basis for the challenge from the candidate's attorney Council will vote to accent the challenge or deny the challenge. He stated upon completion of Council's decisions and after incorporating the .results into the summary statement a resolution will be adopted declarinq the results and declaring one of the candidate's elected to the office of Councilmember for District 1. Ed Starr referred to and read Minnesota Election Law 204C22 - Determining Voter's Intent and upon question of Councilmember Long he said in oreoarIn .for the summary report City Clerk Al Olson consulted with the Secretary of State regardinghistories of certain instances and he said this matter could very well end uoin court..... Councilmember Long said at a future date he wants to meet as the Canvass Board to go over issues for the future. Al Olson exolained he will place the original ballot on the table in front of Council for review as well as distribute conies of the original to Councilmembers but he strongly recommended Council view the original ballot. Al Olson stated the first challenge is for District 1, Precinct 1, a Garza vote challenged by Wilson. Upon request of Councilmember Long, Al Olson went over the recount process. At this time Bruce Willis identified himself as attorney reoresenting. Bill Wilson, and Alan Weinblatt identified himself as attorney reoresenting Roy Garza. Mr. Willis stated they are challenging this particular ballot due to a voter signature on the face of the ballot and he referred to State Law 204C.22, Subd. 13. Uoon question of Councilmember Scheibel, Ed Starr explained Subd. 13 of State Law 204C.22 and said it has been the subject of some litigation but he said Council is not in a court of law and therefore be able to bring in the voter for cross-examination. Assistant City Attorney Paul McCloskey appeared and summarized his findings of cases under Subd. 13 and compared them to what is before Council today. He stated it must be clear that the voter signature is that of the person who actually signed the name and he said there is no authorization to conduct an investigation for handwriting and the intent is completely unclear. Councilmember Sonnen moved that the ballot be considered invalid. Uoon question of Councilmember Scheibel, Paul McCloskey said if it were determined that it is the true signature of the voter it would make it invalid and he said facts are needed to su000rt conclusions. (Discussion continued on following gage) - 663 - r 4r s k IS y s { November 21, 1969 = (Discussion continued from previous page) Canvass t° Councilmember Scheibel made the statement that Council acting as the Board need to use our best judgements, and after some discussion there was agreement that each candidates attorney will be heard on each challenged u Mr.l Weinblatt appeared and submitted that in this case the burden is on the �s) challenger to orove the voter marked the ballot and for the ourpose in which the ' mark was made. Councilmember Sonnen renewed her motion that the ballot be considered invalid because of the signature on the face of the ballot. Councilmember Long stated he feels it is speculation and said he will be voting 5 n r against the motion. Councilmember Rettman spoke in support of the motion. Councilmember Rettman called the question, and Councilmember Scheibel stated the z motion is to accept the challenge. Adopted Yeas - 4 Nays - 1 (Long) � z The ballot was counted as invalid. t , Al Olson stated the second challenge is for District 1, Precinct 2, a Garza vote { challengged by Wilson. Mr. Willis urged Council to observe the original ballot because he believes it appears an attempt was made to erase a marking at the tip of the arrow to the i name ofGarza. Councilmember Scheibel said all the markings are done in the same manner. and he M does not believe it was the intent to erase. Councilmember Rettman said it is very clear to her the intent is for a vote to y Garza and she moved to deny the appeal with the vote to stand for Garza. Roll call on the motion. Adopted Yeas - 5 Nays - 0 The ballot was counted as a vote for Garza. Al Olson stated the third challenge is for District 1, Precinct 2, a Wilson vote y challenged • by' Garza. Mr. Weinblatt appeared and stated after further review of this ballot they are n withdrawing their challenge. Councilmember Rettman moved that the challenge be denied with the vote to stand for Wilson. Roll call on the motion. Adopted Yeas - 5 Nays - 0 The ballot was counted for Wilson. Al Olson stated the fourth challenge is for District 1, Precinct 2, a Garza vote ✓-„ challengged. by Wilson. Mr. Willis said they are challenging this ballot as it appears there is a cross out for a person not intended to vote for. He said crossing Garza's name out is is for him. no indication a vote Councilmember Scheibetstated he cannot determine the intent of this ballot. _ Mr. Weinblatt argued the mark is a vote for Garza. Councilmember Long stated the marks are made uniformly on this ballot and he feels the vote should be counted for Garza. Councilmember Rettman said she also thinks it is consistent but the intentis 4 x xG still not clear to her. Councilmember Goswitz stated it is clear to him it is a vote for Wilson, and he for either way. } Councilmember Scheibel said can see arguments Councilmember Rettman moved this ballot be ruled invalid for lack of clear F ¢ intent by the voter. Upon question of Councilmember Long, Al Olson explained his decision. He said e during the recount there were a number of lines drawn from the point of the arrow to a candidate's name and if no mark was made it was counted as a blank i a . ballot. (Discussion continued on following page) ( w l 664 - I November 21, 1989 (Discussion continued from previous page) Roll call on the motion this ballot be ruled invalid. Adooted Yeas 4 Nays - 1 (Long) The ballot was counted as invalid. Al Olson stated the fifth challenge is for District 1, Precinct 3 and he stated it was declared an over -vote and is being challenged by Garza. Upon question of, Council member Rettman,. Ed Starr stated Subd. 3 would apply to this situation. Mr. .Weinblatt said this is a valid,.vote clearly intended for Garza and he said at issue is whether this is a mark at all. Upon question of Councilmember Long, Al .Olson explained his rational for declaring,thisrinvalid, and he said he is; not sure if the,.machine counted the votes for any position. Councilmember Rettman moved this ballot as an over -vote. Roll call Adopted Yeas - 5 Nays - 0 The ballot was counted as invalid. Al Olson; stated the. sixth challenge is for District 1, Precinct 5, a Wilson vote challenged, by Garza. Mr. Weinblatt said he feels this was a tentative mark and not a vote subject to Subd. 1. Councilmember Rettman said it aooears the voter was consistent and shed the ballot be ruled valid as a vote for Wilson as the intent is clear 'and consistent. . Councilmember Scheibel spoke in support of the motion. Roll call on the motion. Adopted Yeas - 5 Nays - 0 The ballot was counted as a vote for Wilson. " Al 'Olson stated the seventh challenge is for District 1, Precinct 7, a Wilson vote challenged. by, Garza. Mr. Weinblatt said this is the first of two similar ballots whether there was a vote, :at all and he said clearly these are "doodles" or a "smudge" and not a mark for a vote. Mr. Willis said he believes this voter read the instructions to complete the arrow and did so by completing the tail of the arrow and he referred'to the consistent markings on the ballot. Councilmember Rettman said they are clear, consistent markings. Upon question of Councilmember Long, Al Olson said the mark is clearly behind a candidate's name. Roll. call on the motion this vote be considered valid as a vote for Wilson. Adopted Yeas - 5 Nays - 0 The ballot was considered as a vote for Wilson. Al Olson stated the eighth challenge is for District 1, Precinct 14,;a Wilson vote challenged by Garza. Mr. Weinblatt argued the same as above that it is a very tentative mark if at all and submitted it is not a vote for Wilson. Mr. Willis said the voter completed the vote by filling in the arrow and it is consistent and uniform for all' votes. Councilmember Rettman said she feels it is the same as above and she moved the ballot be counted as valid as it is clear and consistent. Roll call. Adopted Yeas - 5 Nays - 0 The ballot was considered a vote for Wilson'. 665 t November 21, 1989 Al Olson stated the ninth challenge is for District 1, Precinct 17, a Garza vote challenged by Wilson. Mr. Willis referred to a previous ballot challenge that was withdrawn and said. he is withdrawing this challenge. Councilmember Rettman moved thiseeballenge bedJenied with the vote to be counted for Garza as the intent is clear. Roll ca,11. „ •: . ---..`f Adopted, Xeas ., 5: . . -Nays,. -..0 .... The ballot was considered a vote for Garza. Al Olson stated .the tenth challenge is for District 1, Precinct 20, a. Wilson vote challenged by Garza. Al Olson explained he originally intended to declare this a blank vote but there was agreement to reset the voter machine and it counted the ballot as a vote for Wilson.which,was then challenged.. Councilmember Rettman said clearly she cannot determine. the intent of this voter and she moved it be determined invalid as to no clear intent. Mr. Weinblatt requested this ballot be counted as blank. Roll call on the motion. Adopted Yeas - 4 Nays - 1 (Goswitz) The ballot was considered invalid. Al Olson stated the eleventh challenge is for District 1, Precinct 21, a Garza vote challenged by Wilson. Councilmembers were encouraged to look at the ori8inal ballot on this item. Mr. Willis said they are challenging on the grounds of an attempted erasure of a mark. Mr. Weinblatt said he believes this is not an erasure but a soiled ballot and it should be a vote for Garza. Upon question of Councilmember Lang, Al Olson said there was a mark by a name, there is no method of erasing on the ballots and if an error is made a new ballot should be requested. Councilmember Long moved to deny the challenge and allow the vote for Garza. Roll call. Yeas - 3 Nays • 2 (Goswitz/Sonnen) Councilmember Sonnen requested to change her vote to yea. Adooted Yeas - 4 Nays - 1 (Goswitz) The ballot was considered a vote for Garza. Councilmember Scheibel announced Candidate Wilson won the recount by two votes based on the decisions by the Canvassing Board and he said Council needs to act on the resolution. Resolution - 89-2081 - Declaring Bill Wilson elected to the City Council of St. Paul from District 1. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Scheibel stated the rules need to be suspended to consider a resolution pertaining to setting the fee for filing future requests for recounts. Al Olson explained the State statute states a recount is paid for by the candidate but does not set the fee. Councilmember Long stated he cannot act on this resolution as he has had not time to review it. After some discussion Councilmember Rettman moved suspension of the rules. Adopted Yeas - 5 Nays - 0 666 - i i _....�...m..a...�...e.�e...e...... .....—........._... ..._._�..... �...o..wnr.+.rveM . iwt. r v:t4. W., z. ..... C �.. - .. November 21, 1989 Al Olson stated the ninth challenge is for District 1, Precinct 17, a Garza vote challenged by Wilson. Mr. Willis referred to a previous ballot challenge that was withdrawn and said. he is withdrawing this challenge. Councilmember Rettman moved thiseeballenge bedJenied with the vote to be counted for Garza as the intent is clear. Roll ca,11. „ •: . ---..`f Adopted, Xeas ., 5: . . -Nays,. -..0 .... The ballot was considered a vote for Garza. Al Olson stated .the tenth challenge is for District 1, Precinct 20, a. Wilson vote challenged by Garza. Al Olson explained he originally intended to declare this a blank vote but there was agreement to reset the voter machine and it counted the ballot as a vote for Wilson.which,was then challenged.. Councilmember Rettman said clearly she cannot determine. the intent of this voter and she moved it be determined invalid as to no clear intent. Mr. Weinblatt requested this ballot be counted as blank. Roll call on the motion. Adopted Yeas - 4 Nays - 1 (Goswitz) The ballot was considered invalid. Al Olson stated the eleventh challenge is for District 1, Precinct 21, a Garza vote challenged by Wilson. Councilmembers were encouraged to look at the ori8inal ballot on this item. Mr. Willis said they are challenging on the grounds of an attempted erasure of a mark. Mr. Weinblatt said he believes this is not an erasure but a soiled ballot and it should be a vote for Garza. Upon question of Councilmember Lang, Al Olson said there was a mark by a name, there is no method of erasing on the ballots and if an error is made a new ballot should be requested. Councilmember Long moved to deny the challenge and allow the vote for Garza. Roll call. Yeas - 3 Nays • 2 (Goswitz/Sonnen) Councilmember Sonnen requested to change her vote to yea. Adooted Yeas - 4 Nays - 1 (Goswitz) The ballot was considered a vote for Garza. Councilmember Scheibel announced Candidate Wilson won the recount by two votes based on the decisions by the Canvassing Board and he said Council needs to act on the resolution. Resolution - 89-2081 - Declaring Bill Wilson elected to the City Council of St. Paul from District 1. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Scheibel stated the rules need to be suspended to consider a resolution pertaining to setting the fee for filing future requests for recounts. Al Olson explained the State statute states a recount is paid for by the candidate but does not set the fee. Councilmember Long stated he cannot act on this resolution as he has had not time to review it. After some discussion Councilmember Rettman moved suspension of the rules. Adopted Yeas - 5 Nays - 0 666 - i i November 21, 1989 Resolution - 89-2002 - Setting fee for a recount at the expense of the candidate of the bond, cash or surety shall be in the amount of $3,000 for a district recount and $21,000 for a city-wide recount. There was considerable discussion and Al Olson stated no amount is now set. Councilmember Rettman moved aooroval of the resolution. - Councilmember Long referred to concerns acting on this today. Councilmember Sonnen explained why she believes this resolution is unnecessary. Ed Starr referred to wording of the statute to post bond and said if there is not a dollar amount it cannot be oosted. . Councilmember Scheibel suggested setting the fee at $2,500 and city-wide recount as $17.50D, and Councilmember Rettman accented that as friendly. Roll call on the motion. Adopted' Yeas - 5 Nays - 0 Councilmember Scheibel said decisions made today were extremely difficult for all. of us but .he believes we acted in fairness and openly andit speaks very well for the Council. Councilmember Rettman moved that the meeting be adjourned. Adopted Yeas - 5 Nays - 0 ADJ0UURNED'AT 1122:00 P.M. ATTEST: council rest ems- Conies sent to Councilmembers /a Minutes approved by Council /a •.28 �y iy e LMA:pmk - 667 - MINUTES OF THE COUNCIL 9:00 A.M NOVEMBER.30, 1989 _i COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Vice President Wilson at 9:10 A.M. Present- 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Sonnen„ Wilson Absent - 1 - Councilmember Scheibel (excused) CONSENT AGENDA. Upon request of Councilmember Rettman, Item Nos. 22, 24, 25, 27 and 30 were removed from the Consent Agenda for discussion. Upon request of. Council member Long, Item No. 18 was removed from the Consent Agenda to consider for action. Upon request of Councilmember Sonnen, Item Nos. 10 and 23 were removed from the Consent;Agenda for. discussion. Upon ) 166 r request of Councilmember Wilson, Item No. 26 was removed from the C Agenda for.,discussion. onsent Councilmember Long moved approval of the Consent Agenda as amended above. Roll call. - Adopted Yeas - 6 Nays - 0 1. Claim .of:Rodney•Camobe11 (Michael Biglow, attny.) filed November 14, 1989, was read. Referred to the City Attorney's'Office. { Claim+of'MichaelGade,1225,Ed�gerton,, filed November, 141'11989'y;:was head:^ w Referred,to•theF,City Attorney s,Office.. i Claim of Ken Kuszak, 712 N. 26th Street, Milwaukee, WI 53233, filed November 8,l 1989, was read. ; Referred to the City Attorney's Office. Claim of1John Peterson, 635 Van Buren St. N.E., Minneapolis, MN 55413, .filed November 14, 1989, was read. Referred to the City Attorney's Office. Claim of.Tony Tuccitto,'407 E. Nebraska, filed November 14, 1989, was filed. Referred to the City Attorney's Office. 2. Summons and complaint in the matter of Candace Anderson vs the City of St. Paul et al.' i Referred:to the City Attorney's Office. 3. Summons and complaint in the matter of Gayle Johnson vs the City of St. Paul .et al. Referred to the City,. Attorney's Office. 4. Summons and complaint in the matter of Catherine Laclair vs the City of St. Paul et al. Referred to the City Attorney's Office. 668 _ _ November 30, 1989 }0 4% x 5. Appeal of Willie Ruth Stibbins to a Vehicle Abatement Order for property located � r � at 1512 Atlantic. (City Clerk recommends a date of public hearing be established for December 19, 1989.)' , Laid over to December 19th for public hearing. 6. Appeal of Peten Kell.er,to-a.Vehicle,Abatement Order. fon.Dropenty-located at 619 <y S.. Robert. (Cit Clerk recommends a date of public hearing be established for y December 19, 1989.) ,. Laid over to December 19th for public hearing. 7. Letter of the Real Estate Division recommending a date of public hearing be established for January 9, 1990 to consider the petition of the City tonvacate':. an abandoned sewer easement in 81k. 4, Hazel Park'Addition. Laid over to January 9th for public hearing. r, 8. Letter of the State Deoartment of Revenue transmitting Application No. 343053 of ar. Richard Simmer for John Prest for ,.reduction of assessed' valuation :for certain �FPreal estate in the City. Filed (CC #13216) 9. Letter of the State Deoartment of Revenue transmitting ADD llcatian No:,343046:of the Port Authority regarding the Sheraton Midway of St.'' Paul for reduction of assessed valuation forcertainreal estate in.the City. Filed (CC #13217) 11. Administrative Orders D-10601 through D-10608 were noted as on ,file in the.City Clerk's Office. 12. Resolution - 89-2083 - Amending the 1989 budget by adding $18,362 to the Financing & Spending Plans forPEO Employment & Training Program. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 13. Resolution - 89-2084 - Amendingc-�the 1989: budget, by. adding $81,270.37: to the Financing & Spending Plans for Public Works Sewer Maintenance Division. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referre&to, the. Finance Committee. .i: ;I T. 14. Resolution - 89-2085 - Amending the 1989 ;budgetby adding $4,841 to.the Financing & Spending Plans for Police Special Investigations. (FOR REFERRAL TO THE.FINANCE-COMMITTEE) Referred to the Finance Committee. 15. Resolution - 89-2086 - Amending the 1989 budget by adding $3,175 to the Financingg & Spending -Plans for,,Prooerty Management Fund -Hill Street Warehouse. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. ar 16. Resolution -89-2087 - Amending the 1989 budget byy adding $31,811 to :the Financing & Spending Plans for Prooerty.Management-City..Hall Annex :Operating. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred .to the Finance Committee: 17. Resolution - 89-2088 - Amending the 1987 CIS budget. by adding $8,000 to. construct a fence along the north side of Wood Street to reduce the amount of dumping taking place in a ravine bordering Wood Street. .(FOR REFERRAL TO THE FINANCE COMMITTEE) N Referred to the Finance Committee. a 669 - y `7 November 30, 1989 a a`' " 19. Resolution - 89-2090 - Approving the reappointments of Merrill Robinson, Tam t Gmeinder and Toni Baker and the a000intments of Paul Savage, Andrea Hart Kajer and George Johnson to serve as members of the St. Paul Long Range Capital Improvement Budget Committee. (FOR REFERRAL TO THE FINANCE COMMITTEE.) Referred to the Finance Committee. 20. Resolution- 89-2091 - Approving the a000intments of Francisco Trejo, Lisa Anderson, Jim Kowalski, Ernest Owens, and Barbara Eoos to the St. Paul Private -. Industry Council, Inca (FOR ACTION) Adopted Yeas - 6 Nays - 0 21. Resolution - 89-2092 - Changing original assessment from $4,829,48 to $4,197.33 for the W. 7th from Douglas to reconstruction of sidewalk on south side of McBoal as aooroved in C.F. 89-1965 on October 31, 1989. (FOR ACTION) Adopted Yeas - 6 Nays - 0 n i 28. Resolution'- 89-2099'- Granting the appeal of the District 2 Community Council to Planning Commission decision for a granting the continuation of a permit an Building advertising sign located at 862 White Bear Avenue and directing the Inspection & Design Division to the the advertising sign order removal of structure at 862 White Bear. (FOR ACTION - Hearing held October 19th) Adopted Yeas - 6 Nays - 0 29. Resolution - 89-2100 - granting the aooeal of West Seventh St. Car Wash to a decision of the Planning Commission and approving a Special Condition Use•Permit ' for located 536 Clay. (FOR ACTION held with modification property at -Hearing October 19th) Adoofed Yeas 6 Nays 0 31. Resolution - 89-2102 - Repealing Rule 10 of the Council, Rules of-lProcedure, Chapter A-1 to the Administrative Code in its entirety and substituting a new Rule 10 "Order of Business" to include a consent -agenda. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) +r Referred to the Rules & Policy Committee. 32. Resolution - 89-2103 - Affirming the order of the Division of Public Health directing the correction of property located at 1720 W. Minnehaha by one week after'oublication and in the event Work is not completed the City may proceed. ' (FOR ACTION - Hearing held October 3rd) Opted Yeas - 6 Nays- 0 33. Resolution - 89-2104 - Authorizing payment in the amount of $1,100 to Louis P. III from the Tort Liability '=s . Fund in full settlement of claim. (FOR AGravel CTION] a Adopted Yeas - 6 Nays - 0 N 34. Resolution - 89-2105 - Authorizing payment in the amount of $2,509 to Douglas Johnson from the Tort Liability Fund in full settlement of claim. (FOR ACTION) Adopted Yeas - 6 Mays - 0 10. Letter of the State Department of Revenue transmitting Application No. 343074 of Richard M. Simmer for the Port Authority for reduction of assessed valuation for #yx certain real estate in the City. e sc Councilmember Sonnen referred to concerns she has on this property and she said it is by the Port Authority County feels it be classified owned and the should as tax exempt. �Avw v Jane McPeak referred to a memo of Terry Garvey stating this property is the building previously known as the Amhoist Tower now known as Landmark Towers and that the Port Authority floor owns one which houses their offices. Councilmember Sonnen the moved approval of reduction of assessments. Yeas (CC #13218) S-, y Adopted - 6 Nays - 0 670 - , i November -30, 1989 18. Resolutiopp - 89 -2089. -.Allocating unexpended 1989 Neighborhood -Clean Up Program funds to District Councils which ran deficits and to those which did not exoend their entire allocation for related clean uo activities. (FOR REFERRAL TO'TRE FINANCE COMMITTEE) Councilmember Long said there was extensive 'discussion on this this item in Public Works Committee and he referred to District Council 14 and their need to have their program in order for Christmas. He said this is a proper use of funds and he moved approval of the resolution. Councilmember Rettman said there was discussion in Committee on this issue and approving this resolution would change the context of that discussion. She said "art of the discussion was to not act on the clean up at this point with the funding to go back to the General Fund for further review in 1990 and she s"oke . against the motion: Councilmember Go w. deficits. ti said District Council 14. approval wouid help cover Councilmember Long explained the differences on this issue versus those discussed in; Committee and said he feels -this is consistent with the clean uo program and different, from the educational brogram. Councilmember, Dimond moved approval of the resolution with Paragraphs deleted pertaining, to clean up of Districts 4,.17 and 14. Councilmember Sonnen sooke in support of the motion. Roll call on the motion to approve as amended. Adopted Yeas - 5 Nays - 1 (Long) ORDINANCES 38. First Reading - 89-2108 -'An ordinance amending Chanter 357 of the legislative Code pertaining to regulation of solid waste and repealing Chapter 222 of the Legislative Code reggulatingg scavenging of recyclable materials. (FOR REFERRAL TO THE PUBLIC, WORKS C9MMITI E) MAyor.,hatimer. aoReared and sooke,in.,suppprt;of,this ordinance and other recycling.,orogram' ;; He ;aid many meetlpgs have been held -by staff,throughbut,. the City and he feels 1990s will be known as the environmentalTyears and hg„ recommended Council oroceed with this ordinance. Councilmember Wilson suggested this ordinance be referred to Public Works with the readings to continue., Cpuncilmember Rettman said Committee needs to look at this item very carefully and time to do that is crucial and she is not certain discussion in Committee will be completed by Final Adoption if readings continue. Councilmember Long said although this is a very important 'item we should not rush through it. After further discussion there was agreement this item be referred to the Public Works Committee. Referred to the Public Works Connittee. 30. Resolution - 89-2101 - Recognizing and expressing gratitude to the 7 -member team from the Department of Parks & Recreation .Forestry Section who volunteered as representatives of the City to helo clean up Charleston, South Carolina damaged by devastation of Hurricane Hugo. (FOR ACTION) Councilmember Wilson said the City of St. Paul resoonded to this disaster by sending a crew of volunteer tree trimmers to South, Carolina and he thanked and presented to the crew members Certificates of Recognition for their efforts. Councilmembers also thanked St. Paul Companies, Soo Line and Delta Airlines for their generous contributions. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 -671- . ■ s f „ m ' srjbr 5 A'" November 30, 1989 22. Resolution - 89-2093 - Authorizing groper City officials to reconvey tax forfeited oarcels to the State for area bounded by Maury, Greenbrier, North Street and'Truxton. (FOR ACTION) Upon request of Councilmember Rettman, this item was referred to the Public Works Committee. Referred to the Public Works Committee. 23. Resolution -89-2094 - Acceotinga closure date for accepting written .evidence on the cable television franchise issue and engagin Victoria Long in assisting staff to oreoarereport to Council by December 15, 1989. (FOR ACTION) Upon question of Councilmember Sonnen, Councilmember Rettman said this contract was issued and approved by Council approximately 7 months ago and she said the consultant was hired out of the Cable'Office through the proper bidding process. r Councilmember Long stated for the record Ms. Long is not a relative, and he said Z a.consultant .was hired for outside objectivity in order to get the work accomplished in a timely manner. Councilmember Sonnen r 24. Resolution - 89-2095 — Requesting the Charter Commission to consider proposed �IRMA amehdmehts.to the City Charter to permit the Council to establish a legislative advisory committee known as the Elder Council, to oermit the legislative advisory committee to exist for a term of one year, and allow the City Council s f „ m ' srjbr 5 A'" November 30, 1989 22. Resolution - 89-2093 - Authorizing groper City officials to reconvey tax forfeited oarcels to the State for area bounded by Maury, Greenbrier, North Street and'Truxton. (FOR ACTION) Upon request of Councilmember Rettman, this item was referred to the Public Works Committee. Referred to the Public Works Committee. 23. Resolution -89-2094 - Acceotinga closure date for accepting written .evidence on the cable television franchise issue and engagin Victoria Long in assisting staff to oreoarereport to Council by December 15, 1989. (FOR ACTION) Upon question of Councilmember Sonnen, Councilmember Rettman said this contract was issued and approved by Council approximately 7 months ago and she said the consultant was hired out of the Cable'Office through the proper bidding process. r Councilmember Long stated for the record Ms. Long is not a relative, and he said Z a.consultant .was hired for outside objectivity in order to get the work accomplished in a timely manner. Councilmember Sonnen moved approval of the resolution.. Adooted Yeas - 6 Nays - 0 24. Resolution - 89-2095 — Requesting the Charter Commission to consider proposed amehdmehts.to the City Charter to permit the Council to establish a legislative advisory committee known as the Elder Council, to oermit the legislative advisory committee to exist for a term of one year, and allow the City Council to provide oer diem compensation to members of the Elder Council advisory committee. (FOR ACTION) Upon request of Councilmember Rettman this and the following related were referred to the Rules and Policy Committee, and Councilmember Sonnen noted both resolutions are on the Rules .& Policy Committee agenda for tomorrow, Friday, December 1st. Referred to the Rules & Policy Committee. 25. Resolution - 89-2096 - Establishing the Elder Council as a Legislative Advisory Committee. .(FOR ACTION) (See discussion above) Referred to the Rules & Policy Committee. 26. Resolution - 89-2097 - Aooroving revised guidelines for the Commercial Vacant Building Program. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Upon question of Councilmember Rettman, Councilmember Goswitz stated there have been no changes or amendments to the guidelines. Councilmember Rettman moved approval of the resolution.. Roll call. Adopted Yeas - 6 Nays - 0 27. Resolution— 89-2098 - Facilitating sale of ETA Systems, Inc., property to 3M. ;. (FOR ACTION) Councilmember Goswitz moved this resolution be withdrawn. Adooted Yeas - 6 Nays - 0 Withdrawn. - ORDINANCES 35. Third Reading - 89-2018 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property bounded by E. 7th, Bates, E. 6th.and Mounds Blvd. from B-3, OS -1 and RM -2 to B-2 for a university campus and associated parking. (FOR ACTION - Hearing held September 7th) Laid over to December 7th for Final Adootion. v - 672 - • i' November 30, 1989 36. First Reading - 89-2106 - An ordinance. amending Chanter 113 of the Legislative Code pertaining to response time of complaints for removal of snow and ice from sidewalks. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 37. First Reading - 89-2107 - An ordinance amending Chapter 64 of the Administrative Code pertaining to public improvement assessments and adding a new provision authorizing the acceptance of advance payments for Pending assessments. (FOR ACTION) Counci member Rettman moved this ordinance be referred to the Finance Committee with the readings to be continued. Adooted. Yeas - 6 Nays - 0 Laid over to December 12th for Second Reading. 39. First Reading - 89-2109 - An ordinance amending Chapter 3.01.8 of.the City Charter pertaining to the appointment of advisory committees. (FOR ACTION) It was noted this item was placed on the Council agenda inadvertently. 40. First Reading - 89-2110 - An ordinance amending Chapter 60 of the Legislative Code ,and rezoning property of Michael D. Killa from RM -2 to B -2C located at 2047 Grand to convert part of existing structure for general office use. (FOR ACTION — Hearing held July.3rd) Laid over to December 7th for Second Reading. cowlrrEE REPORTS 41. Final'Adootion = 88 623 - An ordihancec amending Chapterv24 of .the Administrative Code.oertaining to Code of Ethics rfor City o ficials:and employees. .(Rules & Policy Committee recommends ordinance be referred to the Ethical Practices Board) Referred to the Ethical Practices Board for review. 42. Second Reading 89-1782 An. ordinance amending Section 331.02 of the Legislative Code to include certain food service in licensed day care. centers. (Community & Human Services Committee submits to Council without recommendation) Councilmember Rettman said upon discussion with Councilmember Scheibel as the author of this ordinance she is withdrawing this ordinance. Withdrawn. 43. Resolution - 89-1696 - Recommending the City Attorney's Office create a soecial Family Violence Prosecution Unit. (Community & Human Services Committee recommends amendments - To be oresented at Council) Councilmember Long distributed copies of and explained amendments to the resolution made in Committee and he moved approval of the resolution as amended. Councilmember Rettman suggested a friendly amendment changing larygage to read M ring additional staff as necessary', and after some discussion Councilmember Long accepted that as a friendly amendment. Roll call on the motion for aoproval with amendments. Adopted Yeas - 6 Nays - 0 44. Resolution - 89-1813 - Authorizing Proper City officials to execute an agreement with the State Department of Natural Resources for construction of bat,gate,at Echo Cave in Lilydale Park. (Community & Human Services Committee submits to Council without recommendation) Councilmember Rettman moved approval of the resolution. Adopted Yeas 6 Nays - 0 -673- i November 30, 1989 45. Resolution - 89-1815 - Approving appointments by the Mayor of persons listed to serve on Trade Examining Board. (Community & Human Services Committee submits to Council without recommendation) Councilmember Rettman moved approval of the resolution. Adooted Yeas - 6 Nays - 0 46. Resolution - 89-1187 - Establishing a Advisory Task Force to study public financing of City campaigns. (Rules & Policy Committee recommends aooroval as amended) Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 47. Hearing to consider proposed property acquisition of a parcel or tract of land in the Summit -University District 8 Redevelopment Area for property, located at 683 Hague. No one appeared in opposition. There was some discussion and agreement to lay this item over for one week with the oublic hearing to be continued in order for staff to be present to answer questions. Laid over to December 7th with Public Hearing continued. Councilmember Wilson acknowledged students present today in the Council Chambers from the Journalism class of StThomas, and Robert Franklin, teacher of the Journalism class, appeared and said the students have a variety of questions to ask Councilmembers after the meeting today. Upon request of Councilmember Long, C.F. No. 89-1952 was recalled from indefinite layover on October 31st to be added as an additional item on the Council agenda for Tuesday, December 5th. Resolution - 89-1952 - Designating three Council representatives to participate on the Children's Issues Council (CIC). Laid over to Tuesday, December 5th. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 6 Nays - 0 ADJOURNED AT 10:00 A.M. ATTEST: � Council President Copies sent to Councilmembers j- -02/- / Minutes approved by Council 1.-'-.2P- F Cl y er i LMA:pmk - 674 - MINUTES OF THE COUNCIL 9:00 A.M DECEMBER 5, 1989 COUNCIL CHA4BERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent 7.0 CONSENT AGENDA Uoon request of Councilmember Rettman, Item No. 11 was removed from the Consent Agenda for discussion, and uponrequest of Councilmember Sonnen Item No. 8 was moved from the Consent Agenda for discussion. Council member Dimond moved approval of the Consent Agenda as amended above. Roll call. Adopted Yeas - 7 Nays - 0 1. Aooroval of minutes for City Council meetings of October 12, 17, 19, 24, 26 and 31, 1989. Adopted ' IYeas - 7 Nays - 0 2. Claims of James Anderson, Gerald Behan, Otalie Borgmeier, Rodney Camoell, James Clark, Andrea Felion, Pauline Gritche, Robert Johnson, Ed Kruse, Stephen Katainen, Amelia Schipoel', and Ray Whebbe. Referred to -the -City Attorney's Office. 3. Counterclaim and Cross -Claim in the matter of NewMech Companies, Inc. vs City of St. Paul et al. Referred to the City Attorney's Office. 4. Amended complaint in the matter of James Miisap et al vs the City of St. Paul et al . Referred to the City Attorney's Office. 5. Summons and complaint in the matter of Sandra Swanda vs the City of St. Paul et Referred to the City Attorney's Office. 6. Petition`of Gaius`Nelson et al to vacate part of the 'north -south alley between Amherst and Wheeler Street in Blk. 13 of Macalester. Park to`oreserve and restore the natural condition of the alle. OR RE CHECK AS TO SUFFICIENCY AND FOR RECOMMENDATION)ERRAL TO FINANCE DEPARTMENT FOR Referred to the Finance Department. 7. Petition of Artspace Projects to vacate oart of Broadway and Prince Street in Blk. 61 of Kittson's Addition. FOR REFERRAL TO FINANCE DEPARTMENT FOR CHECK AS TO SUFFICIENCY AND FOR RECOMMENDATION) Referred to the Finance Department. 9. Administrative Orders D-10609 through D-10621 were noted as on file in the City Clerk's Office. 10. Resolution - 89-2111 - Adjusting the rates of pay for Special Employment titles as listed Resolution.inthe Sectin(First Reading Il FORfthe REFERRAL TO THEa aFINANCE COMMITTEE) Pln and Rates of mpensation Referred to the Finance Committee. - 675 - ■ N December 5, 1989 r y 12. Resolution - 89-2113 - Declaring structures located at 890 Clarence, 667 Cook, 569 Dale, 554 Edmund, 520 Kent, 110 Manitoba, 194 Robie, 591 Selby and 1493 Rice no longer nuisances. (FOR ACTION) Adopted Yeas - 7 Nays - 0 �,r } 13. Resolution - 89-2114 - Suspending Private Club and all other licenses held by J-` t the VFW Anderson Nelson Post No. 1635 located at 648 E. Lawson for a oeriod of 1two 4th)onsecutive days stayed for one year. (FOR ACTION - Hearing held November Adopted Yeas - 7 Nays - 0 N December 5, 1989 r y 12. Resolution - 89-2113 - Declaring structures located at 890 Clarence, 667 Cook, 569 Dale, 554 Edmund, 520 Kent, 110 Manitoba, 194 Robie, 591 Selby and 1493 Rice no longer nuisances. (FOR ACTION) Adopted Yeas - 7 Nays - 0 �,r } 13. Resolution - 89-2114 - Suspending Private Club and all other licenses held by - the VFW Anderson Nelson Post No. 1635 located at 648 E. Lawson for a oeriod of 1two 4th)onsecutive days stayed for one year. (FOR ACTION - Hearing held November Adopted Yeas - 7 Nays - 0 14. Resolution - 89-2115 - Susoending Private Club, Food Vending and all other licenses held by the Gopher Lodge No. 105 IBPOE of W dba Gopher Lounge Elks Club 7 located at 739 Selby for a period of two consecutive days stayed for'one year; (FOR:ACTION - Hearing held November 14th) ^.... Adooted. Yeas - 7 Nays - 0 15. Resolution - 89-2116 - Suspending Private Club and all other licenses held by the Rice Street VFW located at 1134 Rice for a period of two consecutive days stayed for one year. (FOR ACTION - Hearing held November 14th) Adopted Yeas - 7 Nays - 0 16. Resolution - 89-2117 - Suspending Private Club, Restaurant and all other licenses held by the Tanners Lake VFW, Post No. 8217 located at 1795 E. 7th Street for a period of two consecutive days stayed for one year. (FOR,ACTION - Hearing held November 14th) Adopted Yeas - 7 Nays - 0 17. Resolution - 89-2118 - Approving assessment for boardings.uo of vacant buildings through September 1989 and demolition 'of vacant buildinggs for'November 1989, and setting date of public hearing for January 16, 1990. OR ACTION)" Adopted Yeas - 7 Nays , 0 18. Resolution -89-2119 - Approving assessment for installation of a water main and water service connections in Park Ridge Court from Battle Creek Road'to cul-de- sac, and.setting date, of public hearing for January 16, 1990. (FOR ACTION) Adopted Yeas - 7 Nays ='0 19. Resolution - 89-2120 - Approving assessment for sidewalk construction and/or reconstruction for Darts of James and Wellesley, and setting date of public �16, hearing for January 1990. (FOR ACTION) Adooted Yeas - 7 Nays - 0 20. Resolution -: 89-2121 - Aporoying assessment for sidewalk, construction and/or rt reconstruction.for,oas,of Ash land,'Aurora, Hubbard and`Marsh'all', and setting date'of public hearing for January 16, 1990. (FOR ACTION)' Adopted Yeas 7.7 'Nays - 0 Councilmember Scheibe] noted that Items Nos. 31 through 40 are being laid over to Thursday, December 21st. _ 31. Final Order - 89-2127 - Improving parts of Alice Court, Alice Street, Cherokee, Hall and Robie with concrete curb and gutters, bituminous surfaced roadway, 1 concrete driveway aprons and outwalksr boulevard sodding and lantern style street lighting system in conjunction with the Concord/Congress Area Street if Paving & Lighting project. (Laid over in Public Works Committee to 12/6), Laid over to Thursday, December 21st. - 676 - f �. December 5, 1989 ` 32. Final Order - 89-2128 - Constructing the Concord/Congress Area Storm Sewer Mississippi River project for the area bounded by the on the north, King on the south, Orleans on the west and Eva on the east. (Laid over in Public Works Committee to 12/6) x nt� t f 33. Laid over to Thursday, December 21st. ••• - - Final Order - 89-2129 -Constructing sanitary, storm and water service connections if regqUested for thecombinedsewer separation oroject known as the Concord/Congress Rrea Storm Sewer and Street Lighting & Paving project. .(Laid over in Public Works Committee to 12/6) Laid over to Thursday, December 21st. 34. Final Order - 89-2130 - Imoroving parts of Pinehurst, Yorkshire, Hamoshire, Hampshire Ct., Colvin and Hilltop with bituminous roadway, concrete curb, gutters, driveway aprons and outwalks, boulevard sodding and lantern style street lighting system in conjunction with the project to be known as the `v Fairview/Montreal Area Street Paving & Lighting project. (Laid over in Public Works Committee to 12/6) Laid over to Thursday, December 21st. s" 35. Final Order - 89-2131 - Constructing the Fairview/Montreal Storm Sewer Separation oroject for the area bounded by Eleanor, St. Paul Avenue, Howell and Fairview. (Laid over in Public Works Committee to 12/6) Laid over to Thursday, December 21st. 2' 36. Final Order - 89-2132 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation oroject known as the r Fairview/Montreal Area Sewer and Street Paving -& Lighting project. (Laid over in Public Works Committee to 12/6) Laid over to Thursday, December 21st. 37. Final Order - 89-2133 - Imoroving parts of Maryland, Magnolia, Ames, Rose, Barclay, Hazelwood and Mechanic with bituminous roadway, concrete curb, gutters, driveway aorons and outwa1's, boulevard soddingg and lantern style street lighting in the to be known the system conjunction with protect as Hazelwood/Magnolia Area Street Paving &Lighting oroject. (Public Works Committee recommends approval with amendment) Laid over to -Thursday; December 21st: 38. Final Order - 89-2134 - Constructing the Hazelwood/Magnolia Area Storm Sewer project. (Public Works Committee recommends approval with amendment) Laid over to Thursday, December 21st. 39. Final Order - 89-2135 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation oroject known as the Hazelwood/Magnolia Area Storm Sewer and Street Paving & Lighting project. eDecember2lstoproval with amendment) g ' Laidlover�tks o Thursday 40. Final Order - 89-2136 - Acquiring property in conjunction with the Western/Acker Ponding Acquisition oroject. (Laid over in Public Works Committee to 12/6) 7 Laid over to Thursday, December 21st. a jln�^ a f1 11. Resolution - 89-2112 - Approving the appointments by the Mayor of Persons listed 3PR Task Force. (FOR REFERRAL TO THE COMMUNITY & HUMAN SERVICES r f to serve on the $x COMMITTEE) Councilmember Rettman said this issue has been discussed in length at Committee. She explained this appointment has gone through the Open Appointment Process and she moved aoproval of the resolution. Roll call. Adopted Yeas - 7 Nays - 0 677 - ""`•-.-ter - ....•..:,.,�, --------- -- ,,: ...;. December 5, 1989 ORDINANCES 21. First Reading - 89-2122 - An ordinance amending Chapter 73 of the Legislative Code pertaining to Heritage Preservation Commission. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing & Economic Development Committee. 22. First g Reading - 89-21 a. new, chapter gg23 - An gg ordinance'amendinaddg the Administrative Code by (FOR REFERRAL TO THE FINANCEnCOMMITTEE)tation by city officers and employees., Referred to the Finance Committee. 23. First Reading - 89-2124 - An ordinance amending, the Legislative Code by adding a new chapter regulating pleasure boat traffic in the Mississipoi River to ensure safetyy of and enjoyment by all river users. (FOR,REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. PUBLIC HEARINGS 24. Third Reading - 89-1782 - An ordinance amending Section 331.02 of the Legislative Code to include certain food service in licensed day care centers. (Community & Human Services Committee submits to Council without recommendation) It was noted this item had Previously been withdrawn. Withdrawn. 25. Hearing to consider a proposal for refinancing a multifamily housing development through;the _issuance of refunding; bonds, authorizing the preparation_ of necessary documents and materials in connection with the development and the bonds to be known as the Woodstone Apartments project. No one aooeared in 0000sition. Councilmember Wilson moved aooroval of the proposal, and Councilmember Scheibel stated a resolution will be forthcoming. Roll call. Adopted Yeas - 7 Nays - 0 26. Resolution - 89-2125 - Approving the petition of 3M to vacate Reaney from Mendota to E. 7th to construct a landscaooed green space and vehicle parking lot. (Public Works Committee recommends approval) NO: one aooeared; in 0000sition. Councilmember Goswiti-moved approval"of the resolution. Adopted Yeas - 7 Nays - 0 27. Hearing to consider the appeal of Clara Charles to a Summary Abatement Order for property located at 1023 Dayton. (Laid over from November 14th) No one aoneared in opposition. Steve Roy appeared and presented his staff report and said as of yesterday the vehicle remains on the property and not properly licensed and ,there is a question of ownership. Councilmember Wilson explained the situation further and after some discussion there was agreement to proceed with the abatement today. Roll call. Adopted Yeas - 7 Nays - 0 28. Resolution - 89-2126 - Increasing the 1990 Sewer Availability Charge (SAC) from $575.00 to $600.00 per unit. (Public Works Committee recommends approval), No one aooeared in 0000sition. Councilmember Goswitz moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 - 678 - V;, y 1. xrcra 3tr%; C - ro ti � December 5, 1989 x r 1 } 29. Petition of Victor Rosenblum to rezone property located at 211 N. Snelling from 8-3 to I-1 to permit light manufacturing involving electroplating. (Public hearing closed - Laid over from November 21st) Councilmember Scheibel noted the public hearing has been closed and that Council hear briefly from .? will i a representative of the petitioner and of. persons.in opposition. 5' . Councilmember Sonnen said she is proposing a layover, and requesting the company 4 tore asite plan for review by City staff with a recommendation back. to. Council $� fora decision on rezoning and street vacation in light of what is proposed on site plan. She referred to a letter she received from the Fire b Department in support of that approach and she moved a three month layover. ' Councilmember Dimondspoke in support of the motion with the company to also have an independent air remissions testing and he said that would be very helpful on the steam/vapor, vs remissions issue.; <• . L ' . Councilmember Long said he is concerned with the -three month timing as it relates to a "quick take .action" by the State as there could be a detriment to the company. Mr. Rosen, attorney representing the petitioner, appeared and exolained why,the layover, would be a deiriment.to his.client'and he.urged Council to approve.the, F`, request for rezoning today. He stated Council will have theopportunityto review site plans and construction and development of the property and he said the request for rezoning is justified and proper. Upon question of Councilmember Wilson, Mr. Rosen further explained the "quick. take action" of the State, and Councilmember Dimond said that is not a problem with rezonings because the State gives properties back after they are,.properly F .N x zoned. After some discussion there was agreement that the motion be changed from a k a three month layover to an andefim to layover. Councilmember Rettman spoke in support of the layover and she said many times this Council has requested whole projects be before us to make a.consensus. She, recommended that the City Attorney's Office :send a letter to the State informing, them ,we,are working on this issue, to bring it to conclusion, and she saidshe believes we can move in an orderly fashion. Councilmember Scheibel said this is a controversial issue but thatthe layover, is a real attempt.to make it work and not a means to turn it ,down. Roll call on the motion for an indefinite layover. v:. Adopted Yeas - 7 Nays,- 0 30. Resolution - 89-1520 - Approving consolidation of the St. Paul Fire Department Relief Association with PERA-Pol ice and Fire. (Finance Committee recommends denial - Laid over from November 21st), Gary Norstrem. appeared and referred to and explained Finance Committee .yp discussion and action and he referred to and explained the 30.day time period. Councilmember Long gave a brief overview of the Committee discussion as well as } his opinion that he believes now is the time. for. Council action. He said it is a very controversial issue but that the City can only gain through. this a . resolution. He referred to vacancies already in the Fire Department and to the r r a potential for new retirements. He recommended,aooroval of the resolution stating he knows the retirees are against it but he said the resolution is a tv matter of choice to consolidate or not consolidate and he moved approval of the resolution. Councilmember Dimond stated the Finance Committee report was to deny this resolution and the major issue is it will cost the City monies now and he said s� he believes all should be involved in the oension reform and not just a few. Al John, President of the Fire Relief Association, aooeared and spoke in support of the resolution. He said he doesn't believe it is a risk to the City financially and that consolidation is good for the firefighters, retirees and the city and that consolidation has not losers because it is a choice. r Upon question of Councilmember Long, Mr. John explained savings to cities that have consolidated. (Discussion continued on following page) - 679 - December 5, 1989 (Discussion continued from previous page) Mary Jane Rachner appeared and spoke in opoosition to -the consolidation and she distributed a letter pertaining to spending taxpayers monies. Grey Plant appeared and said he is a retired firefighter and a member of the Relief, Association and he said retirees are far from being united on this issue. He spoke in support of consolidation and said it is an opportunity for retirees to enjoy a betiir pension .and it lowers taxpayers taxes and he urged Council to vote in favor of the consolidation. George Jurgensorn appeared and said he is a retired firefighter captain and he spoke in opposition to the consolidation and said figures available are showing a windfall. Joel-LaBore appeared and said he is a retiree and he urged Council to vote in favor of consolidation and he said it is a choice to join or not join. Robert Curran appeared on behalf of other 'retired firefighters and he urged Council.to deny the resolution. Brian Brice, attorney representing firefighter retirees, appeared and asked Council to reject the consolidation. Joe'0'Neill,'attorney representing the St. Paul Fire Relief Association, appeared and said now is the time to act and he encouraged Council to adopt the resolution. No else appeared.: Councilmember'bimond moved that the public hearing be closed. Roll call., , Adopted Yeas 7 Nays - 0 - Councilmember Dimond said we have heard considerable discussion today with different viewpoints but he reminded Council that Committee voted three to one in opoosition to this resolution. Councilmember Long stated the Mayor As in support of this resolution and he said the City can only gain from it and he stated' it allows consolidation contingent upon legislation. Councilmember Rettman said she cannot supportthis motion until legislature has acted on: it and .she ,stated it has not been heard yet in the Legislative Committee, and Councilmember Scheibel stated the motion before us includes being partof the .legislative .oacket. Councilmember Wilson .said he has concern that we do not have assurances by the State that we need and because. he. is not convinced.. on. the economic issues he, will not support the motion for .approval. Councilmember Dimond called the question on the motion for approval of the resolution. Roll call. - Yeas - 3 (Goswitz/Long/Scheibel) Motion fails of adoption. Nays - 4 (Wilson/Dimond/Rettman/Sonnen) Councilmembers Long, Dimond and Wilson left the meeting at this point and returned. later. 42. Resolution - 89-2138 - Approving application for State Class B GamblinLicense applied for by Como Arei'Youth Hockey Association at Ted's Rec locatedg at 1084 W.-Laroehteur. No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted - —Yeas - 4 . Nays - 0 Councilmembers Dimond and Wilson returned to .the meeting at this point. - 680 - December 5,-1989 43. Resolution -89-2139 - Approving aoplication for State Class B Gambling License applied for by Westside Booster Club, Inc. at Wallace's Westsider located at 429 S. Robert. No one appeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas 6 Nays 0 44. Resolution- 89-2140 — Approving application for Class •A Gambling Location License aoolied for by Wallace's Westsider, Inc. dba Wallace's Westsider located at 429 • S: Robert. No one aooeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 6 Nays - 0 45. Resolution - 89-2141 - Approving application for Gambling Manager's License applied for by Steven E. Frias dba Westside Booster Club, Inc. at Wallace's Westsider located at 429 S. Robert. No one appeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted : Yeas - 6 Nays - 0 46. Resolution - 89-2142 - Approving application for the -transfer of Gambling Manager's License currently held by Thomas Gagliardi dba Vinland National Center at Mancinni's Char House -located -at 531 W. 7th Street transferred to James H. Netland located at the same address. No one appeared in 0000sition., Councilmember Rettman moved approval of the resolutions Adooted Yeas - 6 Nays - 0 47. Resolution - 89-2143 - Approving application for the transfer of Gambling Manager's License currently held by Thomas Gagliardi dba Vinland National Center' at Nickels Soorts Bar located at 501 Blair transferred to James H. Netland located at the same address. No one appeared in opposition. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 6 Nays - 0 48. Resolution - 89-2144 - Approving aoolication by Twila Smith and Timothy St. Hilaire dba Saints Auto Repair for a General Repair Garage License located at 774 Sel by. No one appeared in 0000sition. Councilmeinber Wilson moved approval of the resolution. Adopted Yeas - 6 Nays - 0 8. Letter of the State Deoartment of Revenue transmitting Application No. 342391 of Richard Simmer for the Port Authority for reduction assessed valuation for certain real estate in the City. Councilmember Sonnen stated she has sooke with Dave Nelson of the Real Estate Division and questions she had have now been answered and she is in support of the-aoolication. Filed (CC #13219) 41. Resolution -.89-2137 - Ratifying assessment for Summary Abatement to recover Administrative Costs incurred by Community Services notifying property owners to reoair structure on property boarding up of vacant buildings through July 1989, and demolition of vacant buildings for August and September 1989. Tom Be Lisle, 1146 Rice, appeared and requested Council to withdraw the assessment to his oroperty at' 851 Marion as he feels it should have been paid by the orevious owner. He said he purchased this orooerty in 19BB and came before Council to obtain the proper permits and he fully restored this property. (Discussion continued on following page) -681- December 5, 1989 (Discussion•continued from previous page) Steve Roy aooeared, and explained .this. assessment and reminded Council that previously they had granted an extension of time to this prooerty and he recommended the assessment be Paid. Upon question of Councilmember Scheibel, Mr. Roy said this was before Council last year to be demolished and he explained the costs incurred to that situation. Councilmember Rettman said this property is now up to code and she said we should .deny the assessment as a building was saved and not torn down.. Upon question of Councilmember Dimond, Mr. De Lisle stated he ,does not live at this structure and rents it, that he does have other rental structures and that he is a realtor. Councilmember Dimond said Mr. Oe Lisle is a professional realtor buying, tax forfeited property and that the City should not 'shift the financial burden onto the taxpayers.. He urged the assessment be paid and suggested it could be Dart of the business costs. Councilmember Wilson sooke in support to comments,of Councilmember Dimond. He said he supports the Process but' feels the assessment should be paid. Upon question of Councilmember Rettman, Mr. Roy explained why the pending assessment did not show up on this property that pending action by Council is shown. Upon question of Councilmember Rettman,, Jane McPeak stated this is clearly a policy question to.be,answered by the Council. Councilmember Rettman said she has been convinced to not make an ,exception. Councilmember Dimond moved approval of this assessment for summary abatement. Adopted Yeas - 5 Nays -2 (Sonnen/Goswitz) No one else appeared in opposition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 7 Nays - 0 ADDITIONAL IifM Resolution - 89-1952 - Designating three Council reoresentatives to ,oarticioate on the Children's Issues Council (CIC). (FOR ACTION Laid over ,indefinitely October 31st) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 Counci.l'member Long moved that the rules be suspended to consider an item not on the agenda. Roll call. Adopted Yeas - 7 Nays - 0 Resolution - 89-2109 - Supporting the Energy Park site for the Minnesota Lottery Office and Warehouse. Roll call.. Adopted Yeas - 7 Nays - 0 Councilmember Scheibel announced there will not be meetings of either the Public Works Committee nor the Community & Human Services Committee tomorrow, December 6th as Councilmembers will be attending funeral services of Mick Sinese. On behalf of Councilmembers, Councilmember Scheibel conveyed condolence Councilmember Sonnen w, the death of her mother. - 682 -. z 5r i , .SPSM MINUTES OF THE COUNCIL 9:00 A.M DECEMBER 7, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. 1 Present - 6 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Wilson , Absent - 1 - Councilmember 5onnen (arrived at a point during the meeting):, j CONSENT AGENDA Upon request of Councilmember Wil Agenda for discussion. son, Item No. 12 was removed from the Consent Councilmember Dimond moved approval of the Consent Agenda as amended above. Adopted Yeas - 6 Nays - 0 1. Letter of the City Attorney's Office announcing a date of public hearing for January 3, 1990 before an Administrative Law Judge pertaining to possible i adverse action against licenses held by J.J. Enterprises Inc./RMM Inc. and John j 0. Keena dba Gatsby at 2554 Como. Filed (CC #13220) 2. Letter of the State Department of Revenue transmitting Application No. 342855 of Kathy Lamphere for the Port Authority for reduction of assessed valuation for certain real estate in the City. Filed (CC #13221) � 3. Letter of the State Deoartment of Revenue transmitting Application No. 343250 of Concord Green Limited Partnershio for reduction of assessed valuation for certain real estate in the City. Filed (CC #13222) 4 Administrative Orders D-10622 through 0-10637 were noted as on file in the City Clerk's Office. 5. Resolution - 89-2145 - Approving and ratifying agreement with St. Paul Supervisor's Organization. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 6. Resolution - 89-2146 - Establishing rate of pay for Selection and Validation Soecialist in Grade 14, Section ID3 of the Professional Employees Non - Supervisory Standard Ranges in the Salary Plan & Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 7. Resolution - 89-2147 - Amending Section 6.D. of the Civil Service Rules pertaining to examination Procedures. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 8. Resolution - 89-2148 - Amendingg the 1989 budget by transferring $3,490,270 from Contingent Reserve Specified I$3 378,879), Contingent Reserve General ($21,391) needs, and addin9g $211179rtothe Spend�ngDO& Financingactivities Planssforlisted 1989for salaryrneeds. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. - 684 - #A Siii � m. December 7, 1989 9. Resolution - 89-2149 - Authorizing the Police Deoartment to accept donations in the amount of $69,000 from the Dayton Hudson Foundation, St. Paul Foundation, First Banks, Control Data, Minnesota Mutual, Land o' Lakes, UNISYS, and the St. Paul Comoanies for the D.A.R.E. Program and expressing gratitude and appreciation for their suoport. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. Later in the meeting Councilmember Dimond said it is very important for funding to be available for the D.A.R.E. Program and he moved aoproval of the resolution. Adopted Yeas - 6 Nays - 0 10. Resolution - 89-2150 - Authorizing proper City officials to accept grant from . the Minnesota Department of Public Safety, State and Local Assistance for Narcotics Control Program to purchase equipment, supplies and services to imorove identification, apprehension and prosecution of drug offenders. (FOR ACTION) . Adopted Yeas - 6 Nays - 0 11. Resolution - 89-2151 - Indemnifying and holding harmless the Minnesota State Fair. Board from.any.and all.claims,arising out ,of the City's usage of the State Fair facilities for St. Paul Police Department training of K-9 Unit's dogs. (FOR ACTION) Adopted Yeas - 6 Nays - 0 13. Resolution - 89-2153 - Aooroving plans and specifications for operation of the CWI yard waste comoosting. site subject to conditions. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 14. Resolution - 89-2154 - Approving plans and specifications for AMG Resources of Pittsburg, PA plant at the vacant Twin City Shipyard facility owned by the;Port,:, Authority subject to building and zoning restrictions. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 15. Resolution - 89-2155 - Authorizing oa ment to State Farm Ins. Co. as subrogee for Timothy Ehlenz in the amount of $9,620.55 from the Tort Liability fund in full settlement of claim. (FOR ACTION) Adopted Yeas - 6 Nays - 0 16. Resolution 89-2156 - Authorizing payment to Susan Budde in the amount of $1,047 from the Tort Liability fund in full settlement of claim. (FOR ACTION) Adopted Yeas - 6 Nays - 0 17. Resolution - 89-2157.- Aooroving assessment for the Grand Avenue Decorative Lighting. System -East Area. Phase I, and setting date of public hearing for January 23rd. (FOR ACTION) Adopted Yeas - 6 Nays - 0 18. Resolution - 89-2158 - Aooroving assessment for the Smith Avenue Neighborhood Partnership Program. Decorative Lighting Project No. 1, and setting date,of 3rd. public.hearing.for.January 2. (FOR ACTION) Adopted Yeas - 6 Nays - 0 12. Resolution - 89-2152 - Granting the Public Housing Agency authority to provide 15 large family units of low income homes and duplexes. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Jon Gutzman of the Public Housing Agency (PHA) apoeared and referred to a grant they received from HUD and he said they will be working with PED staff as well as the neighborhoods on this program. (Discussion continued on following page) - 685 5 fir,, December 7, 1989 9. Resolution - 89-2149 - Authorizing the Police Deoartment to accept donations in the amount of $69,000 from the Dayton Hudson Foundation, St. Paul Foundation, First Banks, Control Data, Minnesota Mutual, Land o' Lakes, UNISYS, and the St. Paul Comoanies for the D.A.R.E. Program and expressing gratitude and appreciation for their suoport. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. Later in the meeting Councilmember Dimond said it is very important for funding to be available for the D.A.R.E. Program and he moved aoproval of the resolution. Adopted Yeas - 6 Nays - 0 10. Resolution - 89-2150 - Authorizing proper City officials to accept grant from . the Minnesota Department of Public Safety, State and Local Assistance for Narcotics Control Program to purchase equipment, supplies and services to imorove identification, apprehension and prosecution of drug offenders. (FOR ACTION) . Adopted Yeas - 6 Nays - 0 11. Resolution - 89-2151 - Indemnifying and holding harmless the Minnesota State Fair. Board from.any.and all.claims,arising out ,of the City's usage of the State Fair facilities for St. Paul Police Department training of K-9 Unit's dogs. (FOR ACTION) Adopted Yeas - 6 Nays - 0 13. Resolution - 89-2153 - Aooroving plans and specifications for operation of the CWI yard waste comoosting. site subject to conditions. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 14. Resolution - 89-2154 - Approving plans and specifications for AMG Resources of Pittsburg, PA plant at the vacant Twin City Shipyard facility owned by the;Port,:, Authority subject to building and zoning restrictions. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 15. Resolution - 89-2155 - Authorizing oa ment to State Farm Ins. Co. as subrogee for Timothy Ehlenz in the amount of $9,620.55 from the Tort Liability fund in full settlement of claim. (FOR ACTION) Adopted Yeas - 6 Nays - 0 16. Resolution 89-2156 - Authorizing payment to Susan Budde in the amount of $1,047 from the Tort Liability fund in full settlement of claim. (FOR ACTION) Adopted Yeas - 6 Nays - 0 17. Resolution - 89-2157.- Aooroving assessment for the Grand Avenue Decorative Lighting. System -East Area. Phase I, and setting date of public hearing for January 23rd. (FOR ACTION) Adopted Yeas - 6 Nays - 0 18. Resolution - 89-2158 - Aooroving assessment for the Smith Avenue Neighborhood Partnership Program. Decorative Lighting Project No. 1, and setting date,of 3rd. public.hearing.for.January 2. (FOR ACTION) Adopted Yeas - 6 Nays - 0 12. Resolution - 89-2152 - Granting the Public Housing Agency authority to provide 15 large family units of low income homes and duplexes. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Jon Gutzman of the Public Housing Agency (PHA) apoeared and referred to a grant they received from HUD and he said they will be working with PED staff as well as the neighborhoods on this program. (Discussion continued on following page) - 685 I l December 7, 1989 - - --- -- _- -------- .._...__ ...,„�y�,... 1 —Yo� ..�,i dna ne movea approval of the resolution. Councilmember Wilson commended the PHA in getting.this funding and he sooke in support of the resolution as well as the rehabilitation opportunities in the Cityy. Roll call. Adopted Yeas - 6 Nays - 0 ORDINANCES 19. Final Adoption - 89-2018 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property bounded by E. 7th, Bates, E. 6th and Mounds Blvd. from -8-3; OS -land RM -2 to B-2 for university campus and associated Darking. (FOR.ACTION Hearing held September 7th) Adopted Yeas - 6 Nays - 0 Ord. #17699 20. Second Reading - 89-2110 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of Michael D. Killa from RM -2 to B-2C'located at 2047 Grand to convert oart of existing structure for general office use. (FOR ACTION -'Hearing held July 3rd) Laid over to December Nth for Third Reading. _ 21. First Reading - 89-2159 - An ordinance amending Section 17.07.2(1)(a) of the City Charter pertaining to the number of on -sale intoxicating liquor -licenses in each liquor patrol limit., (FOR REFERRALTO THE CHARTER COMMISSION Councilmember Rettman explained the ordinance and said because it is a change to the Charter it needs to be reviewed by the Charter Commission. Referred to the Charter Commission. PUBLIC HEARINGS 22. Hearing to consider the request of Leo and Betty Jonker for Final Plat Review of Lots 1-3, B1k. 1, Carver Bluff. No one aooeared in opposition. Upon question of Councilmember Dimond, Chuck McGuire of PED appeared and stated this item does have the approval of the District Council. Councilmember Dimond moved approval of the request. Adopted Yeas - 6 Nays - 0 23. Hearing to consider the request of Woodlawn Heights Construction Company for Preliminary Plat Review for property located at 1644 Upper Afton Road. No one appeared in ooposition. - Chuck McGuire of PED appeared and said there is some work yet to be done on this item and that a site plan is also needed and he explained that the preliminary plat can be aooroved today and that the petitioner has one year to provide the final plat. Councilmember Sonnen arrived at this point in the meeting. Councilmember Dimond said this property has been a real problem and said although he is not against the request he is cautioning Council to not act hastily. A representative of the District Council aooeared. Councilmember Goswitz moved approval of the request.. Roll call to approve the Preliminaryy Plat Review. Adopted Yeas - 7 Nays - 0 _ 6B6 - J December 7, 1989 24. Hearing to consider the request of Zai Dan Holding, Inc. for Registered Land Survey to clean up legal description for Galtier Plaza. No oneaooeared in opposition. Councilmeinber Dimond moved approval of the request. Adopted Yeas - 7 Nays-- 0 25. Resolution - 89-2160 - Approving proposed District Energy rates. No one appeared in opposition. Jim Snyder of Finance & Management Services appeared and referred to a report which concludes the rates are appropriateand upon question of Councilmember Long he stated the rates are reviewed on a yearly basis. Councilmember -Dimond moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 26. Resolution - 89-2177 - Considering or000sed property acquisition of a parcel or tract of land in the Summit -University District 8 Redevelopment Area for property located at 683 Hague. (Laid over from November 30th)) Councilmember Wilson said this building was considered a public nuisance-by'the neighborhood and at one time the YWCA had oroposed to ourchase it. He said it is still boarded up and continues to be a blight and he recommended we proceed with the resolution. He said District 8 supports this effort and will put the property out for bid for acquisition and rehabilitation. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 7 Nays - 0 27. Reoort of the Administrative law Judge including Findings of Fact, Conclusions and Recommendations in the matter of adverse hearing involving licenses held by IAL, Inc. dba The.Wabasha Bar. It was noted Mr. Joel Montoetit, attorney, is Present representing this establishment. Tom Weyandt of the City Attorney's Office aooeared and presented his report.. He ! said representatives of WESCO were present at the Administrative hearing but chose not to speak at that time but would like the opportunity to do so today and he cautioned it may be more appropriate to be reheard before the judge, and he urged Council to not deviate from the recommended three day suspension Mr. Montoetit stated they are not asking for a deviation from the three day suspension as they believe it is fair and reasonable. He said his client has been in this business for 14 years and a mistake was made and they are present today prepared to accept the suspension. He said he just received the letter of WESCO today and he believes it does constitute new evidence. Councilmember Scheibel said this is a public hearing today and if new information is presented we will be guided by our City Attorney. Greg Lichte of WESCO aooeared and distributed and read a letter of the President of WESCO. Councilmember Scheibel stated the City Attorney and License Inspector have been asked to review concerns stated in the above letter with recommendations made to the Council. No one else appeared. Councilmember Dimond moved aooroval of the three day suspension and accepting the findings and facts of the Administrative Law Judge. He said a mistake was made but they are present today admitting their error and he feels it is a step in the right direction. Upon question of Councilmember Sonnen, Mr. Weyandt explained actions of the ALJ and the oast practice of this Council. Councilmember Sonnen expressed concern to the lack of cooperation shown from this establishment and she doesn't find that the bar has changed its way. (Discussion continued on following page) _687_ December 7, 1989 (Discussion continued from previous.page) Mr. Weyandt explained the charge and suggested the owner meet with reoresentatives of the Vice Unit on what they can/cannot do under the statute. Councilmember Scheibel said he,will support the motion but agrees the issue of the neighborhood needs to be addressed and he stated a resolution will be drawn up establishing dates. Roll call. Adopted Yeas - 7 Nays.- 0 Councilmember Wilson stated the, t me.of Mr. Nick Davis was fire bombed. He said this is a very dangerous situation.of which he is deeply concerned and that he will be working closely withrthe Police and ,others to get to the bottom of this, situation. Councilmember Scheibel referred to subtle disolays'of racism occurring, and Councilmember Wilson said the motivation is not yet clear but it does speak to a violent; nature. , Councilmember Long moved that the meeting be adjourned. Adopted,• Yeas,. 7 _,: Nays -:0: A0J0URN-ED AT 9:45 A. M. Council r�esi eennt ATTEST: Copies sent to Councilmembers AP-.7/.7 F9 Minutes approved by Council /V .--'2,P- A7Ier1 �LMR•pnkF - 688 - MINUTES OF THE COUNCIL 9:00 A.M DECEMBER 12, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 5 - Councilmembers Dimond, Long, Rettman, Scheibel, Wilson Absent., -2 - Councilmembers Goswitz and Sonnen (arrived at points during the meeting) CONSENT AGENDA Councilmember Dimond moved approval of the Consent Agenda,. Roll call. Adopted Yeas - 5 .Nays - 0 1. Claims of Kevin Anderson, Gregory Baker, Ranjit and Paula Bhagyam, John Blanding, Sherman' Halling, Dexter Harrison, Mary McEnaney, Joseph and Sandra Thomas, Robert Warner and Laurie Watson. Referred to the City Attorney's Office: 2. Summons and complaint in the matter of William Bannink vs the City of St.,Paul et al. Referred to the City Attorney's Office. 3. Summons and amended complaint in the matter of Kraus -Anderson Construction Company vs the City of St. Paul et al. Referred to the City Attorney's Office. 4. Complaint of NewMech Companies, Inc. vs the City of St. Paul et al. Referred to the City Attorney's Office. 5. Aooeal of Richard Scalise to a Vehicle Abatement Order for property located at 768 DeSoto. (City Clerk recommends a date of public hearing be established for December 28, 1989. Laid over to December 28th for Public Hearing. 6. Letter of the State Deoartment of Revenue transmitting Application No. 343255 of GMT Corporation, C/O DuCharme McMillen & Associates for reduction of assessed valuation for certain real estate in the City. Filed (CC #13223) 7. Administrative Orders D-10638 through D-10653 were noted as on file in the City Clerk's Office. 8. Resolution - 89-2161 - Approving Final Plat for Southport Addition. (FOR ACTION - Hearing held November 16th) Adopted Yeas - 5 Nays - 0 9. Resolution - 89-2162 - Changing the title of Saint Paul Board of.Appeals to Property Code Enforcement Board. (FOR ACTION) Adopted Yeas - 5 Nays - 0 10. Resolution - 89-2163 - Granting the appeal of Jeffrey Kantner and granting a non -conforming use permit to allow the establishment of the third unit as a caretaker quarters for property located at 1800 Englewood subject to Mr. Kantner recording a restrictive covenant in the Office of the County Recorder. (FOR ACTION - Hearing held November 9th) Adopted Yeas - 5 Nays - 0 689 - t 8 1914 PED terms o f A December 12, 1989 �6F` "44 ORDINANCES r 11. Second Reading - 89-2107 - An ordinance amending Chapter 64 of the * Administrative Code pertaining to public imorovement assessments and adding a new orovision authorizing acceptance of advance payments for pending assessments. (FOR ACTION) +, Laid over to December 14th for Third Reading. 12. Third Reading - 89-2110 - An ordinance amending Chanter 60 of the Legislative Code and rezoning property of Michael Killa from RM -2 to B -2C located at 2047 Grand to convert part of existing structure for general office use. (FOR ACTION Hearing held July 3rd) R Laid over to December 19th for Final Adoption. Councilmember Goswitz arrived at this point in the meeting. 13. First Reading - 89-2164 - An ordinance amending Chapter 5 of the Administrative Code to reflect current department organization and to include Cable Communications into Citywide Information Services, Property Management into the Municipal Assessments and Real Estate Division; and to create a new Risk and Employee Benefit Management Division. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. COMMITTEE REPORTS' 14. Second Reading - 89-1940 - An ordinance establishing the Neighborhood Commercial Rehabilitation Loan Program and authorizing the HRA to art as agent and Program. & Economic Development Committee administer the (Housing recommends aooroval with amendment) It was noted that a substitute ordinance has been preoared. Councilmember Wilson moved approval of the substitute ordinance. Adopted Yeas - 6 Nays - 0 Laid over to December 14th for Third Reading. Councilmember Sonnen arrived at this point in the meeting. 15. Resolution - 89-1930 - Approving Citywide Commercial Area Rehabilitation Program Guidelines. (Housing & Economic Development Committee recommends aooroval with amendment) Upon request of Councilmember Rettman this and the following related resolution were laid over to December 21st to be considered with another similar ' resolution. 1 Laid over to December 21st. j 16. Resolution - 89-1931 - Approving Neighborhood Commercial Rehabilitation Loan Program Guidelines for the HRA. (Housing & Economic Develooment Committee recommends approval with amendment) (See discussion above) Laid over to December 21st. 17 R 1 Sk x forconstructionando eration of eement nUS. Postal Servicer gaeyyr with thebridge connecting the Block L/Minnesota Telecenter and downtown Post Office. �6F` "44 complex (Housing & Economic Development Committee recommends approval with amendment) t was noted a substitute resolution has been prepared. t+ Councilmember Wilson moved aooroval of the substitute resolution. Adopted Yeas - 7 Nays - 0 — 690 — a tt z Yom, '.s December 12, 1989 e PUBLIC HEARINGS y :y 18. Hearing to consider the aooeal of Delores Robinson to a Summary Abatement Order r g a for property located at 1237 Jackson. ryv John Betz aooeared and presented his staff report. He said their Office received a complaint from a neighbor and that this garage is structurally unsafe S' and it is a hazardous situation. Mrs. Robinson appeared and requested an extension of time to this Spring in order to obtain funding and she stated she is also in the process of selling of her ' home. Councilmember Rettman said she is concerned because of the hazardous situation but she requested a one week lay over for Mrs. Robinson to meet with City staff to review finance transaction options. After some discussion this item was laid over one week to. December 19th. ., Laid over to December 19th. Later in the meeting Councilmember Rettman said she spoke with Roxanne Flink of Valuations and Assessments and was informed Mrs. Robinson can defer this payment until the property is sold. She also stated she has been informed this is an old carriage house and that the Heritage Preservation Commission should be notified. Councilmember Rettman moved this item be reconsidered and that the aooeal be denied with the understanding the HPC be notified. i; Adopted Yeas - 7 Nays - 0 19. Hearing to consider the appeal of Kerry Johnson to a Summary Abatement Order for property located at 732 Euclid. John Betz aooeared and presented his staff reoort and stated the Animal Control }=K Office notified him of the rodent hole from a broken sewer line between this - r house, the main sewer and the street. Kerry Johnson appeared and referred to a duplex next door to him that has been vacant at least'Ehree years and he said he had no problems until that structure ' was torn down and he referred to previous sewer work done on his property in 1982 or 1983. Mr. Betz stated that usually sewer service is just one line going out to the street for each individual structure and the cause of the broken sewer isn't known until excavation is started. Councilmember Scheibel recommended that Mr. Johnson obtain bids to do the work and find out the cause of the broken sewer and if the City is found to be at fault he can then make claim and he suggested Mr. Johnson meet with Chris Nicosia of the Public Works Office to determine proper steps to be taken. Mr. Nicosia aooeared and said he will meet with Mr. Johnson and he also explained the process of cut-offs when structures are being demolished. Councilmember Dimond moved that the aooeal be denied. Roll call. Adopted Yeas - 7 Nays - 0 " 20. Final Order - 89-2165 - Sidewalk construction and/or reconstruction for the ay north side of Carroll from N. Finn to N. Cretin (2147 Carroll) and the south 2 f 4t; side of St. Clair from Woodlawn to S. Mississippi River Blvd. (2300 St. Clair). Councilmember Goswitz stated these two Property owners requested new sidewalks cF a and he moved aooroval of the order. Adopted Yeas - 7 Nays - 0 4 " Upon request of Councilmember Goswitz Items No. 22B through 26 were laid over to January 9th, and it was noted no one present in the Council Chambers today on these items. �h �l 22B Final Order - 89-2168 - Constructing the Laroenteur/Jackson Area Storm Sewer oroject for the bounded Larpenteur' Saine Railroad, Burlington right Northern Railroadarea and the D.N.R. of of-35E, L Laid over to January 9th. - 691- . T _ ( , y ` Mr xk December 12, 1989 23. Final Order - 89-2169 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Laroenteur/Jackson Area Storm Sewer Project. Laid over to January 9th. 24. Final Order - 89-2170 - Imoroving parts of Arundel, Cohansey; Cottage, Cumberland, 6altier, Nebraska, Western and Wheelock Parkway with bituminous paving, concrete curb, gutters, driveways and outwalks and constructing lantern style street li hting system in conjunction with the Arlington/Western Area Street Paving &Lighting project. Laid over to January 9th. 25. Final Order 89-2171 - Constructing the Arlington/Western Area Storm Sewer project for the area bounded by Nebraska, Wheelock Parkway, Mackubin and Marion. Laid over to January 9th. 26. Final Order - 89=2172 - Constructing storm, sanitary and water service connections if requested for the combined sewer separation project known as the Arlington/Western Area-Storm Sewer oroject. Laid over to' January 9th.- th:27. 27.Resolution - 89-2173 - Approving application for On Sale 3.2 Malt Beverage License apolied for.by Dan Van Khuu d6a To Chau Vietnamese Restaurant located at 823 University Avenue. - No one aooeared in opposition. Councilmember Wilson'moved approval of the resolution. Adopted Yeas - 7 Nays - 0 26. Resolution - 89-2174 - Approving application for the renewal of various Class III Licenses as listed. 'j No one aooeared in opposition.- Councilmeinber Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 29. Resolution - 89-2175 - Aooroving application for the renewal of various Class III Licenses as listed. No one appeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 30. Resolution- 89-2176 - Aooroving application for the renewal of various Class III Licenses as listed. No one aooeared in 0000sition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 r; 21. Resolution - 89-2166 — Ratifying assessment for summary abatements property clean up through September 1989 and demolition of vacant buildings through July 1989. ' At points during this hearing it was determined green cards were not received by the Health Division in order to have proper files today for Properties located — _ at 444 S. Point Douglas Road, 186 E. Acker, 1895 Portland, 865=67 Hague, 2012 Como, 55 Hatch, 1361 Prosperity, 675 Otsego, 634 Laurel and 727 W. Wheelock Parkway and therefore these properties were laid over to the assessment hearing in January. — ' John Betz aooeared and presented his staff report for property at 633 Oakdale. He said upon reinsoection the prooerty was found to not be in compliance and a work order was then sent to the Parks Division for clean up. (Discussion continued on following page) - 692 - - 693 - December 12, 1989 } :'. (Discussion continued from previous nage) Jeff Vandenbaush aooeared and said his mother cleaned up this orooerty as much as she could but was unable to remove the large objects and he requested leniency of the assessment and he said people in the neighborhood throw debris ➢J +,' on this property and he stated his mother is trying to sell the lot. Councilmember Scheibel said work was done at a cost to the City and the assessment cannot be reduced. Upon question of Councilmember Dimond, Mr. Vandenbaush agreed to pay the assessment on the oayment olan and to talk with staff in the Assessment Division. Later in the meeting.Roxanne Flink of Assessments and Valuations informed Council that a 14 year bayment plan has been set up for this Drooerty. Councilmember Sonnen left the meeting at this point. and returned later. Ap^"- John Betz aooeared and presented his staff report for Property at 93 W. 1A Y- Sycamore. He said'uoon reinspection the property was foundto not be in comoliance and a work order was then sent to the Parks Division for clean uo. The owner of the orooerty"appeared and said it is vacant and he is in the process of reoairing the home and he requested Council to lower the cost of the assessment." He said he never received notification and he feels the City acted in haste. Mr. Betz referred to ohotograohs and said the were taken after four truckloads of debris had already been removed and he saidtheCity did not act in haste but in the orouer timeframe. Councilmember Rettman said the City did the work and she sees no compelling reason to accept the appeal and she moved approval of the assessment. i• Roll call. Adooted Yeas - 6 Nays - 0 Later in the meeting Roxanne Flink of Valuations and Assessments informed Council that a 5 year payment scheduled has been set up for this property. Councilmember Sonnen returned to the meeting at this Point. John Betz aooeared""and presented his staff report for orooerty at 101 E. Sycamore. He said upon'reinsbection the property was found to not be in compliance and a"work order was then sent to the Parks Division for clean uo. Edwin Timmers aooeared and said he purchased this orooerty on a contract for 'a deed at which time the structure wasdisaster which he has since renovated and he said he will not Pay the assessment because it was debris left from a'tenant. Uoon question of Councilmember Wilson, City, Attorney Jane McPeak stated responsibility of orooerty is,to the owner. She said we need to uphold the City Departments that do the clean uo as the alternative is the assessments go to the taxpayers. Councilmember Wilson moved approval of the assessment. Roll call. Adooted Yeas - 7 Nays - 0 John Betz aooeared and oresented his staff report for property at 1533 Wynne. He said upon reinspection the property was found to not be in compliance and a work order was then sent to the Parks Division for clean u0. Joseph Borgstrom appeared and said he purchased this orooerty in May and was told at that time the deed would be transferred immediately. He said he does not feel justified to Pay the assessment as notice went to the previous owner. Uoon question of Councilmember Sonnen, Mr. Borgstrom said he keeps the orooerty cleaned and the neighbors have told him how happy they are he's keeping it in). --- " Jane McPeak stated orober notification was made and she said Mr. Borgstrom's only recourse is to go to the previous owner. Councilmember Sonnen referred'to length of time it took to transfer this deed and she moved the assessment be reduced by one-half. (Discussion continued on following page) - 693 - December 12, 1989 (Discussion continued from previous page) Councilmember Dimond spoke in strong ooposition to' the motion and he said the delay is not the issue here but the orooerty clean up is and he moved to proceed with ratification of assessment. Roll call on the motion to reduce the assessment by one-half. Yeas - 1 (Sonnen) Nays- 6 (Wilson/Dimond/Goswitz/Long/ Motion failed of adoption. Rettman/Scheibel) Roll call on the motion to aoorove the assessment Adooted Yeas - 7 Nays - 0 John Betz appeared and presented his staff report for property at 766'Laurel. He said upon reinsoection the "property was found to'not`be'in compliance and a work order was then sent to the Parks Division for clean up. Bud Premack appeared as advisor to his mother and said he is appearing today on the matter of timelines the City gave to clean up the debris and said it was from a orevious tenant and he spoke against the high cost of the assessment and that he'is unclear why the assessment is so high. Marie Wipf appeared and said she is the oresent tenant at this address. She said she 'was 'home the day the City cleaned up the orooerty.' She explained items the City removed aswellas items she had previously had her hauler 'remove before the City arrived. Mr. Betz stated for the record that relative to all assessments, notice is given to cleanuo properties: He said all properties before Council today are valid criminal offenses and he said the City does not clean up already 'clean yards and he explained all services included in the fee charged to propertyowners. Councilmember Scheibel said we do need to be clearer in defining, what` the fees cover and he said he has noticed'r oeople do not comolain'that'the'work was done but do complain about time vs the costs. Councilmember Wilson moved -to approve the assessment. Mr. Betz stated he will Drovide Mr. Premack a breakdown of the assessment. Roll call on the motion for approval of the assessment. AdoptedYeas - 7 Nays - 0 John Betz aooeared and oresented his staff report for property at 1017 Burr. He said upon reinspection the orooerty was found to not be in compliance and a work order.was then sent to the Parks Division for clean up. Robert Strane appeared and said he purchased this property in June and he never received notificatibnC - Mr. Betz explained that 'from 'the tax records notification was sent to people by the name'Wetterberg and Duffy. He said notice sent to the Duffy's was returned, reissued and again returned, but that Wetterberg's did receive notice. Councilmember Wilson stated this .is -an issue between the new owner and the orevious owner and we have no alternative but to'aourove the assessment. John Betz aooeared and oresented his staff report for orooerty at 433 Cook. He said noon reinspection the orooerty was found 'to not be in compliance and a work order was then sent to the Parks Division for clean uo. He said the green card was received this morning and he does have the file with him but not photographs to distribute. Phil and Cynthia Jenkins appeared and after some discussion there was agreement to lay this orooerty over to next month in order to have the full file to review. No one else aooeared. Councilmember bimand moved approval of the resolution with amendments above. Adooted Yeas - 7 Nays - 0 22A. Resolution - 89-2167 - Ratifying assessment for hoardings of vacant buildings for August 1989. No one aooeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 - 694 - 7� is All V December 12, 1989 (Discussion continued from previous page) Councilmember Dimond spoke in strong ooposition to' the motion and he said the delay is not the issue here but the orooerty clean up is and he moved to proceed with ratification of assessment. Roll call on the motion to reduce the assessment by one-half. Yeas - 1 (Sonnen) Nays- 6 (Wilson/Dimond/Goswitz/Long/ Motion failed of adoption. Rettman/Scheibel) Roll call on the motion to aoorove the assessment Adooted Yeas - 7 Nays - 0 John Betz appeared and presented his staff report for property at 766'Laurel. He said upon reinsoection the "property was found to'not`be'in compliance and a work order was then sent to the Parks Division for clean up. Bud Premack appeared as advisor to his mother and said he is appearing today on the matter of timelines the City gave to clean up the debris and said it was from a orevious tenant and he spoke against the high cost of the assessment and that he'is unclear why the assessment is so high. Marie Wipf appeared and said she is the oresent tenant at this address. She said she 'was 'home the day the City cleaned up the orooerty.' She explained items the City removed aswellas items she had previously had her hauler 'remove before the City arrived. Mr. Betz stated for the record that relative to all assessments, notice is given to cleanuo properties: He said all properties before Council today are valid criminal offenses and he said the City does not clean up already 'clean yards and he explained all services included in the fee charged to propertyowners. Councilmember Scheibel said we do need to be clearer in defining, what` the fees cover and he said he has noticed'r oeople do not comolain'that'the'work was done but do complain about time vs the costs. Councilmember Wilson moved -to approve the assessment. Mr. Betz stated he will Drovide Mr. Premack a breakdown of the assessment. Roll call on the motion for approval of the assessment. AdoptedYeas - 7 Nays - 0 John Betz aooeared and oresented his staff report for property at 1017 Burr. He said upon reinspection the orooerty was found to not be in compliance and a work order.was then sent to the Parks Division for clean up. Robert Strane appeared and said he purchased this property in June and he never received notificatibnC - Mr. Betz explained that 'from 'the tax records notification was sent to people by the name'Wetterberg and Duffy. He said notice sent to the Duffy's was returned, reissued and again returned, but that Wetterberg's did receive notice. Councilmember Wilson stated this .is -an issue between the new owner and the orevious owner and we have no alternative but to'aourove the assessment. John Betz aooeared and oresented his staff report for orooerty at 433 Cook. He said noon reinspection the orooerty was found 'to not be in compliance and a work order was then sent to the Parks Division for clean uo. He said the green card was received this morning and he does have the file with him but not photographs to distribute. Phil and Cynthia Jenkins appeared and after some discussion there was agreement to lay this orooerty over to next month in order to have the full file to review. No one else aooeared. Councilmember bimand moved approval of the resolution with amendments above. Adooted Yeas - 7 Nays - 0 22A. Resolution - 89-2167 - Ratifying assessment for hoardings of vacant buildings for August 1989. No one aooeared in opposition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 7 Nays - 0 - 694 - r---�-�.-�: i4 —. KL M1tF 4 �r s I r7r:.[ M ++YU Ya «r�r.......•s'.rmx.—ec<-nr.vx n...i.m. ,..... MINUTES OF THE COUNCIL 9:00 A.M DECEMBER 14, 1989 COUNCIL CHAMBERS CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by Mr. Vice President Wilson at 10:05 A.M. Present - 5 - Councilmembers Dimond, Goswitz, Long, Rettman, Wilson Absent - 2 - Councilmembers Scheibel and Sonnen (Councilmember Sonnen arrived at a point during the meeting) It was agreed that Items 15 and 16 on the Consent Agenda would be referred to the Rules & Policy Committee and that Administrative Order D-10657 be referred to the Finance Committee for discussion. Councilmember Long moved auroval of the Consent Agenda as amended. Adopted Yeas - -5 Nays - 0 CONSENT AGENDA 1. Letter of the City Attorney's Office announcing a date of public hearing for N January 10, 1990 before an Administrative Law Judge pertaining to oossible adverse action against licenses' held by Anne Marie Dragicevich dba Snelling Avenue Fine Wines located at 500 N. Snelling. Filed (CC #13224) 2. Letter of the City Attorney's Office announcing a date of public hearing for January 8, 1990 before an Administrative Law Judge pertaining to possible adverse action against licenses held by Lawrence Lindberg dba Shin-On's located at 198 N. Western. Filed (CC #13225) 3. Letter of the State Deoartment of Revenue transmitting Application No. 343729 of Zaiden Holdings, Inc. (Galtier Plaza) for reduction of assessed valuation for certain real estate in the City. - Filed (CC #13226) 4. Letter of the Real Estate Division recommending a date of Public hearing be established for January 16th to consider the Petition of H.H.H. Company to vacate part of the alley in Blk. 13, Hager's Subd, bounded by Albemarle, Rice, Ivy and the Burlington Northern Railroad. Laid over to January 16th for public hearing. 5. Letter of the Real Estate Division recommending a date of public hearing be established for January 16th to consider the petition of James and Ann Carlson to vacate part of the alley in Blk. 13, Highview Addn. bounded by Beechwood, Saunders and Howell. Laid over to January 16th for public hearing. 6. Administrative Orders D-10654 through D-10669 were noted as on file in the City Clerk's Office. 7. Resolution - 89-2178 - Changing the rate of pay for Employment Programs Manager from Grade 20 to Grade 23, Section I04 of the Professional Employees Supervisor Standard Ranges in the Salary Plan & Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 696 - Em k�, December 14, 1989 8. Resolution - 89-2179 - Amending the 1989 budget by adding $30,281 to the Financing & Spending Plans for Police -Confiscated and Unclaimed Monies. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 9. Resolution - 89-2180 - Amending the 1989 budget by transferring $2,675,515 from the Downtown and 7th Place Tax Increment Debt Service fund to the HRA Downtown & 7th Place Tax Increment Redevelopment fund. (FOR REFERRAL TO THE FINANCE COMMITTEE). Referred to the Finance Committee. 10. Resolution - 89-2181 - Amending the 1989 budget by adding $30,000 to the Financing & Spending Plans for City Attorney Tort Liability settlements. (FOR REFERRAL TO TAE FINANCE COMMITTEE) Referred to the Finance Committee. 11. Resolution - 89-2182 - Amending Chapter A-1 Rule 14(d) of the Administrative Code pertaining to committee reoorts and establishing a procedure for placing committee initiated resolutions' on the Council agenda. (FOR REFERRAL TO THE RULES & POLICY COMMITTEE) Referred to the Rules & Policy Committee. 12. Resolution - 89-2183 - Aporoving lot, split with variance for property of Marjorie Bauer located at 1487 Edgerton.. (FOR ACTION -. Hearing h6ld.'November 16th) Adopted Yeas - 5 Nays - 0 13. Resolution - 89-2184 - Approving lot split with variance for oroperty of James Wingate located on unimproved Arkwright north of Wheelock Parkway. (FOR ACTION - Hearing held November 16th) Adopted - Yeas - 5 Nays - 0 14. Resolution - 89-2185 - Aporoving preliminary proposal for refinancing a multifamily housing development through the issuance of refunding bonds, authorizing the preparation of necessary documents and materials in connection with the development and the bonds to be known as the Woodstone Apartments oroject. (FOR ACTION - Hearing held December 5th) Adopted Yeas - 5 Nays - 0 15. Resolution - 89-2186 - Continuing. the process of Neighborhood Empowerment in 1990 .with the Office of the City Council to provide continued staff support. (FOR ACTION) Referred to the Rules &Policy Committee. 16. Resolution - 89-2187- Developing.a process whereby the City Council can respond to neighborhood needs for.evening.meetings. (FOR ACTION) Referred to the Rules & Policy Committee. 17. Resolution - 89-2188 - Authorizing proper City officials to save and hold suppliers harmless from any and all claims arising out of City's use of vehicles from Metro -Porsche Audi, Midway Chevrolet, Whitaker Buick and Kline Oldsmobile. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 18. Resolution - 89-2189 - Authorizing payment to Paul Rudolph in the amount of $2,399 from the Tort Liability fund in full settlement of claim. (FOR ACTION) Adopted Yeas - 5 Nays - 0 - 697 - ry ,' i y° , 19. Resolution - 89-2190 - Aooroving assessment and improving Bidwell from Annapolis to Winona by grading and paving, constructing concrete curb and gutter, constructing street lighting system and constructing sanitary sewer and sanitary sewer connections from Annapolis to 30 ft. south of Sidney, and setting date of oublic hearing for January 30th. (FOR ACTION) Adooted Yeas - 5 Nays - 0 20. Resolution - 89-2191 - Aooroving assessment and imoroving Everett Court from Energy Park Drive to Tainter Avenue by grading, paving and constructing lantern style street lighting system and installing new signal system at the intersection of Energy Park Drive & Raymond, and setting date of Public hearing for January 30th. (FOR ACTION) Adopted- Yeas - 5 Nays - 0 21. Resolution - 89-2192 - Approving assessment and condemning and taking an easement in land necessary for the slopes, cuts and fills including right of removal of lateral su000rt for said land occasioned by excavations or construction of slooes in the grading and .oaving of alley in Dawson's Rearrangement Blk. 76 Banning of of & Oliver's Addn. to West St. Paul, and setting date of pubic hearing for January 30th. (FOR ACTION) Adooted Yeas - 5 Nays - 0 22. Resolution - 89-2193.- Approving assessment and imoroving Winthrop from Lower Afton -Road to approxi 250 ft.south to cul-de-sac by grading, paving, constructing concrete curb and gutter, storm water drainage facilities, sanitary sewer in Winthroo from Lower Afton to cul-de-sac, sewer service connections and street lighting system, and setting date of public hearing for January 30th. (FOR ACTION) Adopted Yeas - 5 Nays - 0 23. Resolution - 89-2194 - Aoproving assessment and constructing water main and service connections in Winthroo from Lower Afton Road south to cul-de-sac, and setting date of public hearing for January 30th. (FOR ACTION) Adooted Yeas - 5 Nays - 0 Councilmember Sonnen arrived at this point in the meeting. r : MISCELLANEOUS 47. Recognition of retiring City of St. Paul emoloyees. Councilmembers oresented Certificates of Recognition to three retiring employees of the Planning & Economic Develooment Department, Virginia Dykman, Joe _Gomez and Robert Simon. Councilmember Long referred to the Summary, Abatement Assessment hearing at the December 12th Council meeting and said he has been contacted by David Vetter concerning property at 861 Marion, and Councilmember Rettman said she has been contacted by the owner of orooerty at 191 Genesee and Councilmember Rettman moved that the assessmentfor both of these properties be deleted from the assessment roll for December 12th and laid over until next month's summary abatements. _ Adoted Yeas - 6 Nays - 0 ORDINANCES -_- 24. First Reading - 89-2195 - An ordinance amending Chapter 151.02 of the Legislative Code Pertaining to traffic code. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. _ 1 698 - 1 27. Resolution - 89-1983 - Approval of $600,000 funding for the Neighbor oo Crime Prevention Grant Program for 1990-1991. (Finance Committee recommends approval with amendment) Councilmember Long explained and moved aooroval of the substitute resolution._. Adopted Yeas - 6 Nays - 0 28. Resolution - 89-2029 - Amending the 1989_budget by adding $1,749 to the Financing & Spending Plans for Public Utilities Investigation -Gas. (Finance Committee recommends approval) Council member, aooroval of the resolution. Adopted Yeas - 6 Nays - 0 29. Resolution - 89-2030 - Amending the 1989 budget by adding $50,000 to, the Financing & Spending Plans for Purchasing's Consolidated Stores fund. (Finance Committee recommends approval) Councilmember Long approval of the resolution. Adopted Yeas - 6 Nays - 0 30. Resolution - 89-2031 - Amending the 1986 and 1989 Capital Improvement Budgets by adding $323,406 to complete room replacement and building tuckoointing of the Central Library. (Finance Committee recommends aooroval) Councilmember Long approval of the resolution. Adopted Yeas - 6 Nays - 0 31. Resolution - 89-2032 - Amending the 1983 and 1989 Capital Improvement Budgets by adding $114,540 to make the 6roveland warming house handicapped accessible for child card4program and to make the Science Museum handicapped accessible and for energy management improvements. (Finance Committee recommends aooroval), . Councilmember Long,aporoval of the resolution. Adopted Yeas - 6 Nays - 0 32. Resolution - 89-2033 - Abandoning the Neighborhood Commercial Area Improvement Proggram and the Cohansey Open Space Lot acquisition and amending the 1983, 1985, 1987 and 1989 Capital Improvement budgets by transferring $553,886.50 to contingency for allocation to other projects. (Finance Committee recommends aooroval with amendments) Councilmember Long explained the amendment and moved approval of the substitute resolution and after some discussion roll call was requested. Adopted Yeas - 6 Nays - 0 1 `? 699 - 1 1 � \ U. 1 .. r' p '�' ! ._ _� n � �. Y I „a.,>.•, . ,� , f t ,'tip,,, sat " December 14, 1989 CDM9[TTEE REPORTS �4f 25. Resolution - 89-2048 -Changing the rate of pay for Storeroom Supervisor from Grade 29 to. Grade 32 in Section IDI in the Clerical Standard Ranges in the iN Salary Plan and Rates of Compensation Resolution. (Finance Committee recommends approval of a substitute resolution) Cbuncilmember Long moved approval of the substitute resolution. fY" r Adopted Yeas - 6 Nays - 0 26. Resolution - 89-2050 - Adjusting rates of pay for House Custodian I and increasing premium payment for specific Civic'Center activities in the Salary Plan and Rates of Compensation Resolution. (Finance. Committee. recommends approval) Councilmember Long moved approval the resolution. ,of Adopted Yeas - 6 Nays - 0 27. Resolution - 89-1983 - Approval of $600,000 funding for the Neighbor oo Crime Prevention Grant Program for 1990-1991. (Finance Committee recommends approval with amendment) Councilmember Long explained and moved aooroval of the substitute resolution._. Adopted Yeas - 6 Nays - 0 28. Resolution - 89-2029 - Amending the 1989_budget by adding $1,749 to the Financing & Spending Plans for Public Utilities Investigation -Gas. (Finance Committee recommends approval) Council member, aooroval of the resolution. Adopted Yeas - 6 Nays - 0 29. Resolution - 89-2030 - Amending the 1989 budget by adding $50,000 to, the Financing & Spending Plans for Purchasing's Consolidated Stores fund. (Finance Committee recommends approval) Councilmember Long approval of the resolution. Adopted Yeas - 6 Nays - 0 30. Resolution - 89-2031 - Amending the 1986 and 1989 Capital Improvement Budgets by adding $323,406 to complete room replacement and building tuckoointing of the Central Library. (Finance Committee recommends aooroval) Councilmember Long approval of the resolution. Adopted Yeas - 6 Nays - 0 31. Resolution - 89-2032 - Amending the 1983 and 1989 Capital Improvement Budgets by adding $114,540 to make the 6roveland warming house handicapped accessible for child card4program and to make the Science Museum handicapped accessible and for energy management improvements. (Finance Committee recommends aooroval), . Councilmember Long,aporoval of the resolution. Adopted Yeas - 6 Nays - 0 32. Resolution - 89-2033 - Abandoning the Neighborhood Commercial Area Improvement Proggram and the Cohansey Open Space Lot acquisition and amending the 1983, 1985, 1987 and 1989 Capital Improvement budgets by transferring $553,886.50 to contingency for allocation to other projects. (Finance Committee recommends aooroval with amendments) Councilmember Long explained the amendment and moved approval of the substitute resolution and after some discussion roll call was requested. Adopted Yeas - 6 Nays - 0 1 `? 699 - 1 December 14, 1989 PUBLIC HEARINGS 33. Third Reading - 89-2107 - An ordinance amending Chapter 64 of the Administrative Code pertaining to public improvement assessments and adding a new provision authorizing the acceptance of advance payments forPendingassessments. No one appeared. Laid over to December 21st for Final Adoption. 34. Third Reading - 89-1940 - An ordinance establishing the City-wide Commercial Rehabilitation Loan Program and authorizing the HRA to act as agent and administer the program. (Housing & Economic Develooment Committee recommends approval with amendment) No one appeared. Laid over to December 21st for Final Adoption. 35. Hearing to consider the request of Andrew Realty Company for Final Plat for Seeger Square located on the southeast corner of York and Wells. Mr. McGuire of the Zoning staff explained the proposal and said staff recommends approval . Tammy Hickman, 864'Greenbriar, said she had concerns but after discussing the matter with staff the item has been clarified. Councilmember Gpswitz moved approval of the request. Adopted Yeas - 6 Nays - 0 36. Hearing to consider the request of Mort Huber for Preliminary Plat Aoproval for Lots 1-3, Blk. 1, and Lots 1-12, Blk. 2, Oakcliff Addn. located south of Vivian Lane on McKnight Road. No one appeared in opposition. Councilmember Dimond moved aooroval of the request: " Adopted Yeas - 6 Nays - 0 37. Hearing to consider the request of Robins Family Foundation for Final Plat Review of Lots 1-3, Blk. 1, Robins Family Addition'. No one appeared in ozoosition. Mr. McGuire of the Zoning staff explained the proposal and said staff recommends approval. . . Councilmember Long moved approval of-the,request. Adopted Yeas - 6 Nays - 0 38. Resolution - 89-2196 - Approving application for State Class B Gambling License applied for by Ramsey County Voiture'83B 40 et 8 located at 1129 Arcade. Mr. Erickson aooeared on behalf of the organization and answered questions of Councilmember 'Sonnen'about their financial forms and after some discussion Councilmember-Sonnen moved approval of the',resolution with the understanding that the License Division would provide copies of the financial forms to interested Councilmembers. - Adopted Yeas - -6 Nays - 0 39. Resolution - 89-2197 - Approving the renewal of Off Sale Liquor and D -Original Container Licenses held by Kal-Bon; Inc. dba Park Liquor located at 140 N. Snelling. No one aooeared. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 6 Nays - 0 -700- . •I E December 14,.1989 ra 40. Resolution - 89-2198 - Aoproving the transfer of On Sale Liquor, Sunday On Sale Liquor, Entertainment II and Off Sale 3.2 Malt Beverage Licenses currently held by Thomas Dahir dba Dahir's Bar & Grill -located at 674. Dodd Road transferred to located �- the Rodriguez Coro. dba Sophia's Fine Food & Cocktails at ,the same address. Councilmember Wilsonsaid a letter of Mr. Rodriguez has been filed .requesting ZV withdrawal of the aoplication and Councilmember Rettman moved that the resolution be withdrawn. # Adopted Yeas - 6 Nays - 0 Withdrawn.,. 41. Resolution - 89-2199 - Aooroving/denying aooiication for renewal of. Gambling. Manager's License.aoolied for by.Donald Soerr dba Harding Area Hockey at Sundance Lanes located at 2245 Hudson Road No one aooeared in 0000sition .. _. F& Councilmember Sonnen asked why the aoplication was not attached to the resolution and it was agreed the resolution should. be laid .over until Tuesday, December 19th to, allow the License Division to provide conies of. the aoplication to Councilmembers. Laid over to December 19th. 42. Resolution -:89-2200 - Aoproving application for Massage Therapist License aopbied,for ;by Sister Dorothy.Zahler dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one aooeared. Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 43. Resolution - 89-2201 - Aoproving aoplication for Massage Therapist License applied for by Rita Vahling dba Sister Rosalind's Professional Massage Center located at 1999 Ford Parkway. No one aooeared. Councilmember.Long:moved aopr•ovai.of.the .resolution. Adopted Yeas - 6 Nays - 0 44. Resolution - 89-2202 - Aoproving application for Massage Therapist License applied for by Sister Rosalind Gefre dba Sister Rosalind Gefre's Professional Massage Center located at 1999 Ford Parkway. No one aooeared. Councilmember Long moved approval of the resolution. _. Adopted Yeas - 6 Nays - 0 45. Resolution - 89-2203 - Aoproving the renewal of On Sale Wine, Restaurant, and On Sale Malt (strong)'Licenses:.held by..Great,Wall Too, Inc. dba Great Wall Too located at 2144 Ford Parkway. r No one appeared. Councilmember Long moved approval of the resolution. Adopted Yeas - 6 Nays - 0 46. Resolution - 89-2204 - Aoproving the renewal of On Sale Liquor, Sunday On Sale Liquor, Entertainment d and Restaurant Licenses held by Pavco, Inc. dba Gannon's Restaurant located at 2728 Gannon Road. No one -appeared. Councilmember Long moved approval of the resolution. t Adopted Yeas - 6 Nays - 0 t -701- .i December 14, 1989 MISCELLANEOUS 48. Appearance of George Gilliland, Sr.,- Director of the Minnesota Coalition for Male Victims of Domestic Abuse.- Mr. Gilliland appeared and expressed his concerns and asked that he be appointed as a member of the Domestic Abuse Task Force and he said there, is no one on the Committee advocating for male abuse. Councilmember Wilson suggested that the item be referred to the Community & Human Services Committee. Councilmember Rettman said Mr. Gilliland already has ameeting scheduled with Mayor Elect Scheibel about the appointment process and she said the task force has not, officially been sanctioned but Councilmember Long has met with, them informally and it .is proper to refer the item to the Community.& Human Services Committee. _. Referred to the Community & Human Services Committee. Council member Goswitz moved that the rules.be suspended to consider.a resolution not on;the -agenda extending from December 15, 1989 to January 15, 1990 the report deadline involving Continental Cablevision. Adopted Yeas - 6 Nays -.-0 Resolution .- 89-2238,—Extending from December 15, 1989 to January 15,:1990 the reoo"rt'deadline" for presenting findings on the. franchise obligations ;of Continental Cablevision. Adopted Yeas - 6 Nays - 0 Councilmember Dimond moved that the meeting be recessed until 7:00 P.M. _ i Adapted Yeas - 6 Nays-0 7:00 P.X. The meeting was ordered reconvened by President Scheibel at 7:05 P.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen and Wilson Absent -.o: PUBLIC HEARINGS 1. Resolution - 89-2205 - Adooting the 1990 City budget. 2. Resolution - 89-2206- Adopting property tax levies for the City's 1990',budget. 3. Resolution - 89-2207 - Adopting the 1990 budget for the HRA and certification of the tax levy for the HRA's-1990 budget. 4. Resolution - 89-2208 - Establishing the 1990 sanitary sewer charges. 5. Resolution - 89-2209 -Establishing the.1990:storm sewer service charges. 6. Resolution - 89-1848 - Establishing 1990 street maintenance service levels and operating assessments for-those service. levels. 7. Resolution - 89-2239 - Adopting the Riverfront Development Financing Plan. 8. Resolution - 89-2240 - Amending the 1986, 1987 and 1989 Capital Improvement Bond budgets to Provide financing for the 1990 Capital Improvement Budget. (Continued on following page) 702 - December 14, 1989 (Continued from previous oage) 1 President Scheibel announced the public hearing on the budget and related budget u a items and asked Budget Director Blees to summarize the or000sed budget and the amendments recommended by the Finance Committee. Mr. Blees explained the legal requirements of the Truth and Taxation law and explained handouts that were circulated to Councilmembers and the oublic outlining the effect of the. proposed budget on the 1990 orooerty taxes and also �i explaining street maintenance, sewer service and water bill charges. ' Mike Bemis, 651 Gotzian, apoeared and orotested the orooerty tax levy increase r1 ,: and referred to the inadequacy ofprogramssuch as street maintenance and the 911 before higher taxes the money, should be to better use. program and said out Harley Gibbons, 1057 Edgerton, expressed concern about the proposal for robot is in ticketing and said the legality and process question in other states and 9 he also urged an increase in Day for election judges. Councilmember Sonnen exolained the photo radar orocess which will be :on a trial basis and Councilmember Rettman explained that the budget has been amended to out money into contingency for an increase in election judge salaries. Chuck Wiger of the St. Paul Chamber of Commerce said their number one priority was property tax reform but ultimately that is a matter of soending and they had honed for lower taxes with a spending freeze. He also urged that the City go b:. forward with the program evaluation task force. Fleury, St. Paul Hospitality Association, the Pat President of the urged prooer public hearing on the increase in liquor license fees and urged a freeze on license fees and he explained the alight of the industry. Councilmember Sonnen said she is willing to make a motion for a freeze on liquor license fees. Councilmember Long explained that a hearing was held on the or000sed increase in x liquor license fees with orooer notice but was continued and it is aopropriate to consider the item today. John Bergland explained a flaw in the consultant report in not considering revenue from food and entertainment and he said the liquor industry brings in enoug9h revenue to oaYY their fair share. Scott Heiderich, 1966 Portland, said he thinks the Finance Committee has done a tremendous job on the budget and the budget is almost perfect and he referred to some concerns he still has about handicaooed accessibility issues and he urged legislative action to get relief for revenue lost from the City's tax free properties. He also said the sewer work in Merriam Park was great and the contractor did a good job. - Councilmember Scheibel asked if anyone else wanted to appear and no one else ` aooeared. Councilmember Dimond moved that the public hearing be closed. Adopted Yeas - -7 Nays - 0 Councilmember Sonnen moved to delete the proposed five Percent increase in liquor license fees. v Councilmember Dimond spoke in 0000sition to the motion and said the license fee is a business expense and homeowners should not subsidize drink prices. Councilmember Rottman said there is not clear and compelling information to �t& +,a increase the fees and Councilmember Wilson said he is not oreoared to make a ,otic decision and we need to determine whether we are transferring responsibility to 1 r r�k the homeowners and whether there are discreoancies in the consultant reoort. Councilmember Scheibel that the budget be fee issue - suggested adopted and the could be discussed later after further study. f k Councilmember Long said the financing plan includes the increased fee and the l Committee agreed to cut the increase from the proposed 6.5 percent to 5 percent. _ i E Councilmember Dimond suggested that the budget be adopted and then the License Inspector be if there is in the asked to make a oresentation and an error reoort it can be adjusted. (Discussion continued on following page) ;t3 - 703 - J December 14, 1989 k' (Discussion continued from orevious page) Councilmember Sonnen said it is better to delete the revenue from the license fee issue and if there is need for an increase itcanbe done at a later date. Mr. Blees.explained the various options and said a freeze on the fee would result in a $50,000 revenue shortage in the financing Alan. Roll call on Councilmember•Sonnen's motion to freeze liquor license fees. Yeas - 3 Goswitz/Rettman/Sonnen) Nays - 4 (Dimond/Long/Scheibel/Wilson) Motion failed of adoption. Councilmember Rettman-asked that the oerformance�plan'section be deleted from r the resolution'to allow for further review of performance plans. There was considerable discussion and agreement, that the performance plans and y the amended performance plans as agreed to in Finance Committee are all part of 4 the budget. 5 Councilmember Dimond moved aouroval of the budget and the related budget !resolutions consisting of Items l through 8 on the agenda with the matter of the HRA budget amendments for the 1989 HRA Development fund budget to be referred to ? the HRA Board for action. Adodted Yeas - 7 Nays - 0 Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 7 Nays 0 ADJOURNED AT 8:20 P.M. reF' sOieni ATTEST: ' Copies• sent to Councilmembers /a -07,7' - 704 1 MINUTES OF THE COUNCIL 9:00 A.M DECE14BER 19, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 r MISCELLANEOUS 39. Recognition of retiring City of St. Paul employees. Councilmembers recognized retiring City employees and presented them with Certificates of Recognition. 38. Recognition of Youth Volunteers for the month of December. Councilmembers recognized youth volunteers for the month of December. CONSENT AGENDA Councilmember Dimond moved aooroval of the Consent Agenda. Adopted Yeas - 7 Nays - 0 1. Approval of minutes of City Council meetings of November 2, 7, 9 and 14, 1989. Adopted Yeas - 7 Nays - 0 2. Claims of Eunice Brooks, David Hamel, Verle Paul and Karl Simonson. Referred to the City Attorney's Office. 3. Summons and complaint in the matter of Kenneth and Faith Peterson et al vs the ! City of St. Paul et al. Referred to the City Attorney's Office. j 4. Summons and complaint in the matter of Diamond 5 Wrecking, Inc. (Leon and Florence Madsen) vs the City of St. Paul et al. Referred to the City Attorney's Office. 5. Documentation and communication of Sharon Anderson. Filed (CC #13227) 6. Letter of the City Attorney's Office announcing a date of public hearing for January 10th before an Administrative Law Judge pertaining to possible adverse action against licenses held by Tom Scanlon dba Scanlon's Ace Box Bar. Laid over to January 10th for public hearing. (CC #13228) 7. Resolution - 89-2211 - Amending the 1989 budget by adding $30,000 to the Financing & Spending Plans in Community Services Administration to finance City's share of Child Care A Community Partnership coordinate child care and early childhood education. (FOR ACTION) Adopted Yeas - 7 Nays - 0 B. Resolution - 89-2212 - Amending the 1989 budget by adding $194,122 to the Financing & Spending Plans for Real Estate Management Fund City Hall Annex. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. - 705 - L- L. , r .� ♦ y S , fill; ; 'w MINUTES OF THE COUNCIL 9:00 A.M DECE14BER 19, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:05 A.M. Present - 7 - Councilmembers Dimond, Goswitz, Long, Rettman, Scheibel, Sonnen, Wilson Absent - 0 r MISCELLANEOUS 39. Recognition of retiring City of St. Paul employees. Councilmembers recognized retiring City employees and presented them with Certificates of Recognition. 38. Recognition of Youth Volunteers for the month of December. Councilmembers recognized youth volunteers for the month of December. CONSENT AGENDA Councilmember Dimond moved aooroval of the Consent Agenda. Adopted Yeas - 7 Nays - 0 1. Approval of minutes of City Council meetings of November 2, 7, 9 and 14, 1989. Adopted Yeas - 7 Nays - 0 2. Claims of Eunice Brooks, David Hamel, Verle Paul and Karl Simonson. Referred to the City Attorney's Office. 3. Summons and complaint in the matter of Kenneth and Faith Peterson et al vs the ! City of St. Paul et al. Referred to the City Attorney's Office. j 4. Summons and complaint in the matter of Diamond 5 Wrecking, Inc. (Leon and Florence Madsen) vs the City of St. Paul et al. Referred to the City Attorney's Office. 5. Documentation and communication of Sharon Anderson. Filed (CC #13227) 6. Letter of the City Attorney's Office announcing a date of public hearing for January 10th before an Administrative Law Judge pertaining to possible adverse action against licenses held by Tom Scanlon dba Scanlon's Ace Box Bar. Laid over to January 10th for public hearing. (CC #13228) 7. Resolution - 89-2211 - Amending the 1989 budget by adding $30,000 to the Financing & Spending Plans in Community Services Administration to finance City's share of Child Care A Community Partnership coordinate child care and early childhood education. (FOR ACTION) Adopted Yeas - 7 Nays - 0 B. Resolution - 89-2212 - Amending the 1989 budget by adding $194,122 to the Financing & Spending Plans for Real Estate Management Fund City Hall Annex. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. - 705 - L- L. , I Y J December 19, 1989 9. Resolution - 89-2213 - Aoorovingthe reappointments by the Mayor of persons listed to serve on the City's Anti -Drug Task Force. (FOR ACTION) - Adooted Yeas - 7 Nays - 0 10. Resolution - 89-2214 - Aooroving the appointments by the Mayor of James Laughlin and Don Weida to serve on the Board of Appeals and Review for the Housing, Building and Fire Prevention Codes. (FOR ACTION) Adopted . Yeas - 7 Nays - 0 11. Resolution - 89-2215 - Approving the reappointment by the Mayor of Walter Hanson to serve on the Capitol Area Architectural Planning Board. (FOR ACTION) Adopted Yeas - 7 Nays - 0 12. Resolution - 89-2216 - Aooroving the reappointments by the Mayor of Rita Kenyon, Richard Baldwin and Ken Johnson to serve on the Management Compensation Committee. (FOR ACTION) Adopted Yeas - 7 Nays - 0 13. Resolution - 89-2217 - Aooroving the reappointments of Joyce Maddox, Imogene Treichel, Barb Wencl, Mark Vaught, James Curran, David McDonell and Karl Neid to serve on the St. Paul Planning Commission. (FOR ACTION) Adopted Yeas - 7 Nays - 0 14. Resolution - 89-2218 - Authorizing proper City officials to enter into an agreement with Minneaoolis to share services of a consultant regarding environmentally safe packaging. (FOR ACTION) Adopted Yeas - 7 Nays - 0 15. Resolution - 89-2219 - Amending C.F. 86-1124 which established residential permit oarking adjacent to St. Thomas College by removing restrictions on both sides of Moore between Laurel and Ashland. (FOR REFERRAL TO THE PUBLIC WORKS COMMITTEE) Referred to the Public Works Committee. 16. Resolution - 89-2220 - Aooroving Registered Land Survey by Zai Dan Holding Company for Galtier Plaza. (FOR ACTION - Hearing held December 7th) Adooted Yeas - 7 Nays - 0 17. Resolution - 89-2221 - Aooroving Registered Land Survey by Wellington Management, Inc. (FOR ACTION) Adopted Yeas - 7 Nays - 0 18. Resolution - 89-2222 - Susoending licenses held by Bal, Inc. dba Wabasha Bar located at 427 S. Wabasha for three consecutive days. (FOR ACTION - Hearing held December 7th) Adopted Yeas - 7 Nays - 0 19. Resolution - 89-2223 - Approving Assessment for installation of water service connections to vacant orooerties fronting the east side of Bidwell between Annapolis and Winona, and setting date of public hearingg for January 30th. Adopted Yeas - 7 Nays - 0 ORDINANCES 20. Final Adoption - 89-2110 - An ordinance amending Chapter 60 of the Legislative Code and rezoning property of Michael Killa from RM -2 to B -2C located at 2047 Grand to convert Dart of existing structure for general office use. (FOR ACTION - Hearing held July 3rd) Councilmember Long moved approval of the ordinance. Adopted Yeas - 7 Nays - 0 Ord. #177GO - 706 - YS l + t 4 Put tf _ December 19, 1989 x r ; PUBLIC HEARINGS e Ar 21. Hearing to consider the petition of Knox Home Center, Inc. for the vacation of Cottonwood Avenue between Prior and Fairview. t 3, rH part of Upon request of Councilmember Goswitz this item was laid over to January 25th. Laid over to January 25th. 22. Hearing to consider the appeal of Peter Keller to a Vehicle Abatement Order for orooerty located at 619 S. Robert. John Betz aooeared and presented his staff report and said orders were issued So remove the vehicles and they are still on the property. Mr. Keller aooeared and explained how he came to ourchase this orooerty and that it had been vacant for many years. He referred to oast problems and said NSP t ♦¢. has shut off the Dower and that he is in the orocess of rehabilitating this prooerty and he said he would like helo from the City. He said the vehicles are he ., licensed and will go into a garage when it is completely built but that needs 1F.. warmer weather to continue on the garage. Upon question of Councilmember Dimond, Mr. Betz stated he is not aware of any t condemnation proceedings. Uoon question of Councilmember Dimond, Mr. Keller said he is not living in the home, he will continue to build the garage and expects to be able to finish within 30 days or he will move the vehicle. Councilmember Dimond said he will be making a motion to allow four weeks for the J garage tobe completed with the vehicles to be stored in the garage or removed d from the orooerty. Councilmember Scheibel said a lot of issues were raised today pertaining to y notice of condemnation and he said Dave Thune and City inspectors will make an 1f assessment on them. Councilmember Dimond moved that the appeal be denied with a four week compliance period: Roll call. Adopted Yeas - 7 Nays - 0 23. Hearing to consider the appeal of Willie Ruth Stibbins to a Vehicle Abatement Order for orooerty located at 1512 Atlantic. John Betz aooeared and oresented his staff report. Ms. Stibbins appeared and said she is saving the vehicle for her son until he is out of school and she distributed ohotograohs of the parked vehicle on her Mr.. B tz said the olates on the vehicle are not current and he said his office received a complaint. Mr. Dimond suggested Ms. Stibbins out current plates on the vehicle and charge the battery to move it to indicate it is operable and he moved a two week period for Ms. Stibbins to do the above. Roll call on the motion for denial of the appeal with a two week compliance oeriod. Adooted Yeas - 7 Nays - 0 Laid over to January 4th. - - Upon request of Councilmember Goswitz Items 24 through 29 were laid over to sy January 9th and it was noted no one was present on any of the items. _ 24. Final Order - 89-2224 - Improving oarts of Beech, Margaret, E. 6th, Clarence, +r Etna, Birmingham, Hazelwood, Barclay, Germain, Kennard and Flandrau with Y o- Vii, bituminous paving, concrete curb and gutters, driveway aprons and outwalks, boulevard restoration, sodding, seeding and lantern style street lighting system in connection with the Kennard/Beech Area Street Paving & Lighting project.'. t t, Laid over to January 9th. T d � -707- 1 December 19, 1989 25. Final Order - 89-2225 - Constructing the Kennard/Beech Area Storm Sewer oroject for the area bounded by Minnehaha, Johnson Parkway, E. 4th and White Bear. 1 Laid over to January 9th. 26. Final Order - 89-2226 - Constructing sanitary, storm and water connections if requested for the combined sewer separation Project to be known as the Kennard/Beech Area Storm Sewer oroject. ? Laid over to January 9th. December 19, 1989 25. Final Order - 89-2225 - Constructing the Kennard/Beech Area Storm Sewer oroject for the area bounded by Minnehaha, Johnson Parkway, E. 4th and White Bear. ,m Laid over to January 9th. 26. Final Order - 89-2226 - Constructing sanitary, storm and water connections if requested for the combined sewer separation Project to be known as the Kennard/Beech Area Storm Sewer oroject. ? Laid over to January 9th. 27. Final Order - 89-2227 - Condemning and taking permanent utility easement in conjunction with the Fairview/Montreal Sewer Seoaration oroject. Laid over to January 9th. 28. Final Order - 89-2228 -Condemning and taking permanent utility easement in ti conjunction with the Fairview/Montreal Sewer Seoaration project. Laidover to January 9th., ` 29. Final Order - 89-2229 - Condemning and taking permanent utility easement in conjunction with the Fairview/Montreal Sewer Separation, project. Laid over to January 9th. . 30. Resolution - 89-2230 - Approving application for renewal of State Class B Gambling License applied for.by Rice Lawson Booster Club at the, Stahl House located at 586 Rice. No one appeared in opposition. Councilmember. Rettman moved approval of.the resolution. Adopted Yeas - 7 Nays - 0 -r. 31. Resolution - 89-2231 - Approving application for State Class B Gambling License applied for by Climb, Inc. dba Climb Theatre at Mitch's located at 1305 W. 7th. No one aopeared in opposition. '. Upon question of Councilmember,Goswitz, Christine Rozack of the License Division stated the fees have been oaid and they recommend approval of this and the following two related items. Councilmember Rettman moved approval of this and the following related items. Adopted Yeas - 7 Nays - 0 32. Resolution - 89-2232 - Approving application for Class A Gambling Location License applied for by R.J. Mitch dba Mitch's located at 1305 W. 7th. (See discussion above) Adooted Yeas -7 Nays - 0 " 33. Resolution -,B9-2233 ,- Aooroving application for Gambling Manager's License applied for by D. Joe Haller dba Climb, Inc. at.Mitch's located at 1305 W. 7th. (See discussion above) Adopted Yeas -7 Nays - 0 34. Resolution - 89-2234 - Approving apolication for the renewal of State Class B Gambling License aoolied for by Midway Skating Club at Paul's Lounge located at 685 E. 3rd. No one aooeared in ooposition. Councilmeinber Long moved approval of the resolution. r Adopted Yeas - 7. Nays - 0 35. Resolution - 89-2235 - Approving aoolication for the renewal of Gambling a Manager's License aoolied for by Robert Stennes dba Midway Skating Club at 4 Paul's Lounge located at 685 E. 3rd. No one aooeared in ooposition. Councilmember Long moved approval of the resolution. Adopted Yeas - 7 Nays - 0 ' - 708 - i J c !t� 1 " 4 1 d y - e A� S �V o 4S�`�' December 19, 1989 �rr y�.ya 36. t�y3 Resolution - 89-2236 - Approving application for the transfer of On Sale Liquor, Sunday On Sale Liquor, Hotel/Motel to 50 Rooms, 199 Additional Rooms, Entertainment III and Restaurant Licenses currently issued to Hotel Managers of St. Paul, Inc. dba Sheraton Midway Hotel located at 400 N. Hemline transferred to Grosvenor Properties, Ltd. dba Sheraton Midway Hotel located at the same address. No one aooeared in opposition. w4 Councilmember Rettman moved aooroval of the resolution. i Adopted Yeas - 7 Nays - 0 37. Resolution- 89-2237 -Approving application for the transfer of Off Sale Liquor and D-Original Container Licenses currently issued to Thomas Beverage Co., Inc. q dba Thomas Liquor located at 1941 Grand (Judith Thomas - Pres./Treas., Marie Thomas - Stockholder) transferred to Thomas Beverage Co., Inc.dba Thomas Liquor (James Thomas - Pres., Judith Thomas - Vice Pres., Michael Thomas - Sec., and Marie Thomas - Additional Stockholder) located at Lhe same address. No one aooeared in 0000sition. Councilmember Sonnen moved aooroval of the resolution. Adopted Yeas - 7 Nays - 0 i ) ADDITIONAL ITER f � Resolution - 89-2199 4 -Approving application for the renewal of Gambling Manager's License aoplied for by Donald SDerr dba harding Area Hockey at Sundance lanes located at 2245 Hudson Road. (Laid over from December 14th) No one appeared in 0000sition. j Councilmember Sonnen said she had requested this be laid over because there r wasn't an application and she has since found out there is not application for renewals and she suggested for the future that an aoolication be filled out for review. Councilmember Goswitz moved approval of the resolution. Adopted Yeas - 7 Nays - 0 Councilmember Long requested to be excused from the Council meeting on Thursday, ' December 21st, and it was so noted. Councilmember Dimond moved that the meeting be adjourned. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 10:00 A.M. i ounciT-Fresi ed�— ATTEST: Copies sent to Councilmembers /- /O - ?0 Minutes approved by Council /' /�•' 9G i y er ABO a — wa eti pmk t � qq ri - 709 - She _ ,J MINUTES OF THE COUNCIL 9:00 A.M DECEMBER 21, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:10 A.M. Present - 4 - Councilmembers Dimond, Rettman, Scheibel, Sonnen Absent - 3 - Councilmembers Goswitz, Long and Wilson Councilmember Scheibel said Councilmember Long is excused from today's meeting,. Councilmember Goswitz is attending the Civic Center meeting and will be here .shortly and Councilmember Wilson is having car trouble and wi 1 be here if he can. CONSENT AGENDA After some discussion Item No. 2 was pulled from the Consent Agenda for further discussion. Councilmember Dimond moved approval of the Consent Agenda as amended. Adopted Yeas - 4, Nays - 0 1, Administrative Orders D-10670 through, D-10692 were noted as on file irk the City Clerk's Office. j 3. Resolution - 89-2242 - Authorizing proper City staff to work with the Port !` Authority and other affected communities to prepare and lobby for legislation to provide private, for-profit tenants in facilities exempt from ad valoren taxes to have taxes due and payable as provided for privately -owned real property. (FOR REFERRAL TO THE LEGISLATIVE COMMITTEE) Referred to the Legislative Committee. { 4. Resolution - 89-2243 - Approving Final Plat for Lots 1-3, Blk. 1, Carver Bluff a requested by Leo and Betty Jonker. (FOR ACTION - Hearing held December 7th) Adopted Yeas - 4 Nays - 0 5. Resolution - 89-2244 - Approving Plat for Terrace View Addition requested by a Woodland -Heights Construction. Company. (FOR ACTION - Hearing held December 7th) Adopted Yeas - 4 Nays - 0 6. Resolution - 89-2245 - Proposing nomination for entry in the National Register of Historic Places the Summit Avenue West Historic District to include both sides of Summit from Oxford on the south side and Lexington Parkway on the north and continuing west. to the Mississippi River Boulevard. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing: & Economic.Development Committee. 7. Resolution - 89-2246 - Approving assessment for installation of the Grand Avenue Decorative Lighting System (East Area Phase II), and setting date of public hearing for February 6, 1990. (FOR ACTION) Adooted Yeas - 4 Nays - 0 8. Resolution - 89-2247 - Approving assessment for construction of sanitary sewer and service connections in Agate Street from 250 ft. south of York to York, and setting date of public hearing to January 30th. (FOR ACTION) Adopted Yeas - 4 Nays - 0 - 710 - r` - . . 1, She _ ,J MINUTES OF THE COUNCIL 9:00 A.M DECEMBER 21, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA The meeting was called to order by President Scheibel at 9:10 A.M. Present - 4 - Councilmembers Dimond, Rettman, Scheibel, Sonnen Absent - 3 - Councilmembers Goswitz, Long and Wilson Councilmember Scheibel said Councilmember Long is excused from today's meeting,. Councilmember Goswitz is attending the Civic Center meeting and will be here .shortly and Councilmember Wilson is having car trouble and wi 1 be here if he can. CONSENT AGENDA After some discussion Item No. 2 was pulled from the Consent Agenda for further discussion. Councilmember Dimond moved approval of the Consent Agenda as amended. Adopted Yeas - 4, Nays - 0 1, Administrative Orders D-10670 through, D-10692 were noted as on file irk the City Clerk's Office. j 3. Resolution - 89-2242 - Authorizing proper City staff to work with the Port !` Authority and other affected communities to prepare and lobby for legislation to provide private, for-profit tenants in facilities exempt from ad valoren taxes to have taxes due and payable as provided for privately -owned real property. (FOR REFERRAL TO THE LEGISLATIVE COMMITTEE) Referred to the Legislative Committee. { 4. Resolution - 89-2243 - Approving Final Plat for Lots 1-3, Blk. 1, Carver Bluff a requested by Leo and Betty Jonker. (FOR ACTION - Hearing held December 7th) Adopted Yeas - 4 Nays - 0 5. Resolution - 89-2244 - Approving Plat for Terrace View Addition requested by a Woodland -Heights Construction. Company. (FOR ACTION - Hearing held December 7th) Adopted Yeas - 4 Nays - 0 6. Resolution - 89-2245 - Proposing nomination for entry in the National Register of Historic Places the Summit Avenue West Historic District to include both sides of Summit from Oxford on the south side and Lexington Parkway on the north and continuing west. to the Mississippi River Boulevard. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Referred to the Housing: & Economic.Development Committee. 7. Resolution - 89-2246 - Approving assessment for installation of the Grand Avenue Decorative Lighting System (East Area Phase II), and setting date of public hearing for February 6, 1990. (FOR ACTION) Adooted Yeas - 4 Nays - 0 8. Resolution - 89-2247 - Approving assessment for construction of sanitary sewer and service connections in Agate Street from 250 ft. south of York to York, and setting date of public hearing to January 30th. (FOR ACTION) Adopted Yeas - 4 Nays - 0 - 710 - December 21, 1989 9. Resolution - 89-2248 - Approving assessment for Installing special storm sewer stub connection for Minnesota Mining in Hazel between Case and Magnolia in connection with the Stillwater/Nokomis Area Storm Sewer project, and setting date of oublic hearing for February 6th. (FOR ACTION) Adopted Yeas - 4 Nays - 0 10. Resolution - 89-2249 - Aooroving assessment for sidewalk construction and/or reconstruction for oarts of Albemarle, W. Arlington, N. Avon, and Edgerton, and setting date of public hearing for January 30th. (FOR ACTION) Adooted Yeas - 4 Nays - 0 2. Resolution - 89-2241 - Amending the 1983, 1984 and 1987 Capital Improvement Budgets by transferring $340,000 from Outdoor Firing Range ($20,000) and CIB Contin enc ($320,000) to East Team Police Site Purchase and authorizing payyment Sof t.$3(FOROREto Bomar Develooment Co. FERRAL TO THE FINANCE COMMITTEE purchase of property at 699 E. 7th Councilmember Scheibel explained this items needs to be closed by the end of the yearand Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 MISCELLANEOUS 59. Presentation of awards by the St. Paul Fire Department. Councilmember Scheibel stated due to the weather the recipients are not able to attend the meeting today and he said the oresentation of awards will be rescheduled for another time. Councilmember Dimond moved that Item No. 8 from Tuesday's meeting of December 19th (C.F. 89-2212) be recalled from Committee. Adopted Yeas - 4 Nays - 0 Resolution 89-2212 - Amending the 1989 budget by adding $194,122 to the Financing & Spending Plans for Real Estate Management Fund City Hall Annex. Councilmember Rettman said the skyway to the Annex is public access and there have been numerous complaints about being locked at 4:30 and she said many oeoole are attending meetings and need to have the skyway available and she would like the skyway to remain open to 5:30 P.M. Dave Nelson of the Real Estate Division appeared and said he will make sure the skywayy is accessible until 5:30. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 4 Nays - 0 ORDINANCES 11. Final Adoption - 89-2107 - An ordinance amending Chapter 64 of the Administrative Code pertaining to public improvement assessments and adding a new provision authorizing the acceptance of advance payments for pending assessments. Councilmember Sonnen moved approval of the ordinance. Adopted Yeas - 4 Nays - 0 Ord. #17701 12. Final Adoption - 89-1940 - An ordinance establishing the City-wide Commercial Rehabilitation Loan Program and authorizing the HRA to act as agent and administer the program. `Housing & Economic Development Committee recommends aooroval with amendment) Councilmembers Sonnen and Rettman moved approval of the ordinance. Adopted Yeas - 4 Nays - 0 Ord. #17702 1 y December 21, 1989 as IT 13. First Reading - 89-2250- An ordinance designating the Summit Avenue West Heritage Preservation District. (FOR REFERRAL TO THE HOUSING & ECONOMIC DEVELOPMENT COMMITTEE) Yt Referred to the Housing & Economic Development Committee. 3"y COMMITTEE REPORTS 14. Second Reading - 89-2122 - An ordinance amending Chapter 73 of the Legislative We pertaining to the Heritage Preservation Commission. (Housing & Economic a,. Development Committee recommends aooroval) Laid over to December 28th for Third Reading. 15. Resolution - 89-2053 - Adopting the East Grand Avenue Small Area Plan as an amendment to the city -wide -Land Use Plan. (Housing & Economic Development Committee recommends aooroval) Councilmember Dimond moved aooroval of the resolution. e Adopted Yeas - 4 Nays - 0 } 16. Resolution - 89-1997 - Establishing the Downtown Development Study Commission. (Housing & Economic Development Committee recommends approval with amendments) It was noted a substitute resolution has been prepared for action. C` Councilmember Dimond moved approval of the substitute resolution. Adopted Yeas - 4 Nays - 0 17. Resolution - 89-2210 - Adopting the Neighborhood Revitalization Program (NRP) Guidelines. (Housing & Economic Development Committee recommends aooroval with amendments) Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 18 Resolution - 89-1930 -Approving Citywide Commercial Area Rehabilitation Loan Program Guidelines. (Laid over from December 12th- Housing & Economic Develooment Committee recommends aooroval with amendment) Councilmember Dimond moved approval of the resolution. Adopted Yeas - 4 Nays - 0 19. Resolution - 89-1931 - Approving Neighborhood Commercial Rehabilitation Loan Program Guidelines for the HRA. (Laid over from December 12th - Housing & ~ Economic Develooment Committee recommends aooroval with amendment) Councilmembers Sonnen and Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 PUBLIC HEARINGS 20. Resolution - 89-2251 - Ordering the repair and/or demolition for property located at 719 Kent. (FOR ACTION) No one appeared in opposition. a Upon request of Councilmember Wilson the hearing was continued for one week to December 28th. }� Laid over to December 28th. - t' 21. Resolution - 89-2252 - Approving plat for Riverview Industrial Park kll as x requested by the Port Authority. R representative of West Publishing Company aooeared regarding the notification and Chuck McGuire of PED explained the notice cleans uo legal descriptions and identification of taxes. Upon question of Councilmember Sonnen, Mr. McGuire said they resurveyed L c properties for conformities and said it is a oart of the continuing process to V\ts,a 1 yt,: clean uo plats and he said property owners within 350 ft. are notified. No one else appeared. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 712 - 1 December 21, 1989 22. Resolution - 89-2253 - Approving plat for Riverview Industrial Park #12 as requested by the Port Authority. No one aooeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays - 0 23. Resolution - 89-2254 —Approving plat for West Gate Addition N3 as requested by the Port Authority. No one aooeared in opoosition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas.- 4 Nays - 0 24. Resolution - 89-2255 - Ratifying assessment and condemning and taking temporary construction easement over and across Lots 10-12, Ilk. 2, Griebe and Brewster's Addn, in conjunction with the Marshall/Hamlin Area Sewer project. (Public Works Committee recommends approval) No one appeared in opoosition. Council member Dimond moved aooroval of the resolution. Adopted Yeas - 4 Nays -0 25. Resolution - 89-2256 -Ratifying assessment and condemning and taking temporary construction easement over and across the westerly 50 ft. of the easterly 60 ft. of Lot 16, Blk. 4, Rice Street Villas in conjunction with the Albemarle/Nebraska Area Storm Sewer project. (Public Works Committee recommends approval) No one appeared in opposition. Council member Rettman moved aoproval of the resolution. Adopted Yeas - 4 Nays - 0 26. Final Order - 89-2127 - Imoroving oarts of Alice Court, Alice Street, Cherokee, Hall and Robie with concrete curb and gutters, bituminous surfaced roadway, concrete driveway aprons and outwalks, boulevard sodding and lantern style street lighting system in conjunction with the Concord/Congress Area Street Paving & Lighting project.' (Laid over from December 5, 1989 - Public Works Committee recommends approval with amendment) No one appeared in opoosition. Councilmember Rettman moved approval of the resolution.' Adopted Yeas - 4 Nays - 0 27. Final Order - 89-2128 - Constructing the Concord/Congress Area Storm Sewer project for the area bounded by the Miss issiooi River on the north, King on the south, Orleans on the west and Eva on the east. (Laid over from December 5, 1989 - Public Works Committee recommends aooroval) No one aooeared in opoosition. Councilmember Rettman moved approval of the resolution. Adopted Yeas - 4 Nays - 0 28. Final Order - 89-2129 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Concord/Congress Area Storm Sewer and Street Lighting & Paving project. (Laid over from December 5, 1989 - Public Works Committee recommends approval) No one appeared in opposition. Councilmeiber Rettman moved approval of the resolution. Adopted Yeas - 4 Nays - 0 - 713 - December 21, 1989 29. Final Order - 89-2130 - Improving oarts of Pinehurst, Yorkshire, Hampshire, Hampshire Ct., Colvin and Hilltop with bituminous roadway, concrete curb, gutters, driveway aprons and outwalks, boulevard sodding and lantern style street lighting system in conjunction with the project to be known as the w Fairvie/Montreal Area Street Paving & Lighting project. (Laid over from December 5,. 1989 - Public Works Committee recommends approval) No one appeared in opposition: Councilmember Dimond moved approval of the resolution. Adopted Yeas - 4 Nays - 0 30. Final Order - 89-2131 - Constructing the Fairview/Montreal Storm Sewer Separation oroject for the area bounded by Eleanor, St. Paul Avenue, Howell and Fairview: (Laid over from December 5, 1989 - Public Works Committee recommends aooroval with amendment) No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 4 Nays - 0 31. Final Order - 89-2132 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation project known as the Fairview/Montreal Area Sewer and Street Paving & Lighting project. (Laid over from December 5, 1989 -' Public Works Committee recommends aooroval) No one appeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adopted Yeas- 4 Nays - 0 Councilmember Goswitz arrived at this point in the meeting. 32. FinalOrder - 89-2133 - Improving parts of Maryland, Magnolia, Ames, Rose, Barclay, Hazelwood and Mechanic with bituminous roadway, concrete curb, gutters, driveway aprons and outwalks, boulevard sodding and lantern style street lighting system in conjunction with the project to be known as the Hazelwood/Magnolia Area Street Paving & Lighting'oroject. (Laid over from December 5, 1989 - Public Works Committee recommends approval with amendment) Tom Kuhfeld of the Public Works Deoartment appeared and said District 2 is in support of the orders but does have some concerns pertaining to the lighting policy and he said they are in agreement to a layover on that concern but would like the remaining orders approved today. Paul Gilliand of District 2 appeared and referred to concerns they have in general pertaining to lighting and to concerns of widening Hazelwood for the area and he also requested Maryland be widened to a 44 ft. width. Mr. Kuhfeld stated the requests of District 2 can be implemented. No one else appeared. Councilmember Goswitz moved aooroval of the Order as amended with lighting to be deleted and laid over. Roll call. Adopted Yeas - 5 Nays - 0 33. Final Order - 89-2134 - Constructing the Hazelwood/Magnolia Area Storm Sewer project. (Laid over from December 5, 1989.) gee discussion above) ooted Yeas - 5 Nays - 0 34. Final Order - 89-2135 - Constructing sanitary, storm and water service connections if requested for the combined sewer separation oroject known as the Hazelwood/Magnolia Area Storm Sewer and Street Paving & Lighting project. (Laid over from December 5 1989.) (See discussion above} Adopted Yeas - 5 Nays - 0 714 - i P� : 36. Resolution - 89-2257 - Approving application for the transfer of Auto Body ucg Repair Garage License currently held by Rick Kline Oldsmobile Co. dba Rick Kline BodyM Shoolocatedvenue transferred to ARRA, Inca dba ARRA, located the University Inc,No at same address. one aooeared in 0000sition. Councilmember Sonnen moved aooroval of the resolution. Adpoted Yeas - 5 Nays - 0 ' j 37. Resolution - 89-2258 - Approving application for General Repair Garage applied for by Pao Yang dba C.P. Auto Services located at 165 W. Sycamore. r Councilmember Rettman referred to URAP Projects in this area and she requested that the License Division be made aware of all URAP Projects and she moved a four week lay over. Shelly Van Kampen, Community Organizer of District 6, aopeared and she they were not aware of this application request and she said it is very close to one of their URAP projects. Councilmember Rettman moved a four week layover to January 18th. Adopted Yeas - 5 Nays - 0 Laid over to January 18th. Id/ iy 38. Resolution - 89-2259 - Approving application for Gas Station, 5 Additional Pumps, Grocery and Off Sale Malt Licenses applied for by Gateway Foods of Minneapolis, Inc. dba Brooks Superette #11 located at 1530 Sherwood Avenue. Paul Gilliand of District 2 aooeared and referred to concerns of the neighborhood and to many robberies taken place in the oast at this establishment and the impact it has on the neighborhood and he said he is not in opposition to the license but to the -negative impact. Councilmember Scheibei suggested that contact be made with the Police Deoartment's Crime Prevention Unit to meet with this establishment to review procedures with them. Councilmember Goswitz responded to comments made by Mr. Gilliand and stated the number of burglaries has been cut and he moved approval of the resolution. Roll call on the motion for aooroval. Adopted Yeas - 5 Nays - 0 39. Resolution - 89-2260 - Approvingg application for the transfer of Gas Station, 9 Additional Pumps, Off Sale 3.2 Malt License, A3 Grocery and Restaurant Licenses currently held' by Southland Corporation dba 7-11 Stores located at 846 Johnson Parkway transferred to SuperAmerica Station, Inc. dba SuoerAmerica #4430 located at the same address. No one aopeared in opposition. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 w 40. Resolution - 89-2261 -Approving application for the transfer of A2 Grocery, Off Sale 3.2 Malt License and Restaurant Licenses currently held by Southland X3 1 Corooration dba 7-11 Stores located at 1766 E: Minnehaha transferred to SuoerAmerica Station, Inc. dba SuoerAmerica #4416 located }.r ° at the same address. 3v+ — No one aooeared in apposition. Councilmember Dimond moved aooroval of the resolution. �s + w a Roll call. Adopted Yeas - 5 Nays - 0 715 - i s - 716 - December 21, 1989 41. Resolution 89-2262 - AoDroving application for the transfer of A2 Grocery, Off Sale 3.2 Malt License and Restaurant Licenses currently held by Southland YT Corporation dba 7-11 Stores located at 1030 Payne Avenue transferred to Suo6rAmerica Station, Inc. dba SuperAmerica #4418 located at the same address. 4, No one aoueared in opposition. Councilmimber Dimond moved aop roval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 42. Resolution - 89-2263 - AoorDving application for the transfer of A2 Grocery, Off Sale 3.2 Malt License And Restaurant Licenses currently held by Southland Corooration dba 7-11 Stores located at 1198 Earl Street transferred to SuoirAmerica Station, Inc. dba: S u perAmerica #4410 located at the same address. No' one aooeared in oobosition. ' ' Councilm4ber'Diwnd'moved aopro val of the resolution. r Roll call. Adopted Yeas - 5 Nays - 0 43. Resolution - 89-2264 - Aoproving application for the transfer of Restaurant, Gas Station with 3 Additional Pumps, A2 Grocery, and Off Sale 3.2 Malt Licenses currently held by Southland Corooration dba 7-11 Stores located at 970 University transferred to SuperAmerica Station, Inc. dba SuPerAmerica #4421 located at the same address. No one anoeared in opposition. C6uncilmkber Dimond'moved approval of the resolution. R611 call Adopted. Yeas - 5 Nays - 0 44. Resolution,, -'.89-2265.- Approving aoPlication for the transfer of A-2 Grocery, Off Sale' 3.2 Malt and 'Restauraht Licenses currently held by Southland Corporation dba 7-11 Stores located at 1333 Thomas transferred to SuoerAmerica Station, Inc. dba SuperAmerica Station #4422 located At the same address. No *one appeared in oboosition. Councilmimber Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 45. Resolution - 89-2266 - Approving application for the transfer of A-2 Grocery, Off Sale 3.2 Malt and Restaurant Licenses currently held by Southland Corporation dba 7-11 Stores located at 605 Stryker transferred to SuPerAmerica Station, Inc. dba SuperAmerica #4423'located at the same address. No one audeared in opoosition. Councilm6mber Dimond'ffioved aooroval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 46. Resolution - 89-2267 - Approving aplication for the transfer of A-2 Grocery, 'Restaurant Off Sale 3.2 Malt and Licenses currently held by Southland Corooration dba 7-11 Stores located at .97 E. Annapolis transferred to Sub6rAmerica Station, Inc. dba SuoWmerica #4415 located at the same address. No'one atmeared in 0000sition'' Councilmimber Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 - 716 - December 21, 1989 47. Resolution - 89-2268 - Approving application for the transfer of A-2 Grocery, Off Sale 3.2 Malt, Restaurant and Gas Station with 9 Additional Pumos Licenses currently held by Southland Corporation dba 7-11 Stores located at 925 Grand transferred to SuoerAmerica Station, Inc. dba SuoerAmerica Station #4419 located at the same address. No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 48. Resolution - 89-2269 - Approving application for the transfer of A-2 Grocery, Off Sale 3.2 Malt, Restaurant, Gas Station with 9 Additional Pumps Licenses currently field by Southland Corporation dba 7-11 Stores located at 1125 W. 7th Street transferred to SuperAmerica- Station, Inc. dba SuperAmerica Station #4420 located at the same address. No one appeared in 0000sition. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 49. Resolution - 89-2270 - Approving application for the transfer of Off Sale 3.2 Malt, A-2 Grocery and Restaurant Licenses currently held by Southland Corooration dba 7-11 Stores located at 782 E. 7th Street transferred to SuoerAmerica Station, Inc, dba SuperAmerica #4429 located at the same address. No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Rollcall. Adopted Yeas - 5 Nays - 0 50. Resolution - 89-2271 - Approving application for the transfer of Gas Station with 5 Additional Pumps, Off Sale Malt, Restaurant and A-2 Grocery Licenses currently held by Southland Corporation dba 7-11 Stores located at 232 S. Fairview transferred to SuoerAmerica Station, Inc. dba SuoerAmerica #4428 located at the same address. No one aooeared in 0000sition: Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 51. Resolution - 89-2272 - Approving application for the transfer of Restaurant, A-2 Grocery, Off Sale 3.2 Malt, and Gas Station with 9 Additional Pumos Licenses applied for by Southland Corporation dba 7-11 Stores located at 2051 Grand transferred to SuoerAmerica Stations, Inc, dba SuoerAmerica #4413 located at the same address. No aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 52. Resolution - 89-2273 - Approving application for the transfer of Gas Station with 3 Additional Pumos, Off Sale 3.2 Malt, A-2 Grocery and Restaurant Licenses currently held by Southland Corooration dba 7-11 Stores located at 957 Rice transferred to SuoerAmerica Station, Inc. dba SuperAmerica #4409 located at the same address. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Roll call. Adnnted Y— n I December 21, 1989 53. Resolution - 89-2274 - Approving aoolication for the transfer of A-2 Grocery, rtij p Off Sale 3.2 Malt and Restaurant Licenses currently held by Southland l' Corooration dba 7-11 Stores located at 2065 Randoloh transferred to SuperAmerica Station, Inc. dba SuperAmerica Station #4414 located at the same address. No one aooeared in 0000sition. Councilmember Dimond moved aooroval of the resolution. Roll call. y" ar Adooted Yeas - 5 Nays - 0 54. Resolution - 89-2275 - Approving application for the transfer of Gas Station with 1 Additional Pump, Off Sale Malt, Restaurant and A-2 Grocery Licenses applied for by Southland Corooration dba 7-11 Stores located at 275 S. McKnight Road transferred to SuperAmeirica Station, Inc. dba SuperAmerica #4425 located at �.; the same address. No one aooeared in opposition. Councilmember Dimond moved aooroval of the resolution. Roll call. Adopted Yeas - 5 Nays - 0 55.Resolution - 89-2276 - Approving/denying aoolication for the renewal of State Class B Gambling License applied for by Lower Eastside Football Association at Herge's Bar located at 981 University Avenue. j No one appeared in opposition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 5 Nays - 0 j 3 56. Resolution - 89-2277 - Approving/denying application for the renewal of State Class B Gambling License applied for by Hayden Heights Booster Club at the Kick - Off Pub located at 1347 Burns. No one appeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 58. Resolution - 89-2279 - Suspending licenses held by St. Clair Prooerties, Inc. ".I dba Gallivan's Restaurant located at 354 N. Wabasha. (NOT CONTESTED) Phil Byrne of the City Attorney's Office aooeared and oresented his report on ,1 1 this establishment stating Item No. 57 on today's agenda is being recommended for approval by the License Division but has no recommendation on this item. He stated there is no recommendation in the matrix for this situation. Jim Anderson, attorney representing St. Clair Properties and Lloyd Urban, ' attorney representing Gem Lake Prooerties, were both present. Mr. Urban said he believes, there has been confusion over City requirements for management agreements. Councilmember Scheibel stated he is inclined to recommend aooroval of the transfer and let this stand as a matter of record for the future.' Fq" Councilmember Goswitz referred to comments made by Mr. Urban and said uenple in the business should know all orocedures pertinent to their business. Upon question of Councilmember Sonnen, Mr. Byrne stated there has been a previous violation and that Council imposed a suspension of license in January of 1989. Councilmember Sonnen said our Matrix looks at second violations if they occur — within an 18 month period and she looks at this item before us today as a second violation and she moved that the license be suspended for one day. She said she will support the transfer of license in Item No. 57 and she agreed withCouncilmember Goswitz that businessholders need to know all laws concerning their business. Councilmember Scheibel said he agrees this is a matter of importance and he would not sneak against a one day suspension. (Discussion continued on fallowing page) December 21, 1989 (Discussion continued from previous Page) Councilmember Rettman said she has concerns stating this is a second violation. She said she will support the motion for a one' day suspension but not as a second violation. Councilmember Scheibel noted for the record if there is a future violation the Council will take into account the transfer of license. Councilmember Dimond called the question. Upon question of Council, Al Olson stated the one day suspension will take place on Sunday, January 7th. Roll call:' - Adopted Yeas - 5 Nays - 0 57. Resolution'- 89-2278 - Aoproving application for the transfer of On Sale Liquor, Sunday On Sale Liquor, Entertainment I and Restaurant Licenses currently issued to St. Clair Properties, Inc. dba Gallivan's located at 354 Wabasha transferred to Gem Lake Properties, Inc, dba Gallivan's located at the same address. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 5 1Nays - 0 Councilmember Dimond said the Police East Team Building on East Seventh Street is decorated beautifully for the Holiday Season and he encouragged everyone to drive past and view it and he said it was all decorated voluntarily. �! MISCEUMEOUS 60. "A visit from Santa Claus". Santa Claus appeared and Presented gifts to Councilmembers, the City Attorney and the City Clerk and he' wished everyone a Merry. Christmas and a Happy New Year. Councilmember Scheibel wished everyone a Merry Christmas and the best of the Holiday Season, and the meeting was thereupon adjourned. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 10:20 A. M. ATTEST:'' LOuncil rresidenT— CoDies sent to Councilmembers_ /—/0 Minutes approved by Council /—/0'- jD _. City erc ABO:amk - 719 - W ;? ' MINUTES OF THE COUNCIL ' ~nth. 9:00A.M THURSDAY, DECEMBER 28, 1989 COUNCIL CHAMBERS - CITY HALL & COURT HOUSE n` SAINT PAUL, MINNESOTA .d The meeting was called to order by President Scheibel at 9:05 A.M. Present - 5 - Councilmembers Dimond, Long, Rettman, Scheibel, Wilson Absent - 2 - Councilmembers Goswitz and Sonnen (Councilmember Sonnen arrived at # a Point during the meeting) Frank Staffenson aooeared as "Santa's Heloer" and presented Christmas gifts to Y r. Councilmembers Long and Wilson. fi �a CONSENT AGENDA P Upon request of Councilmembers, Item No. 10 was recommended "FOR ACTION", Item No. 11 would be adopted with the tonic to be discussed further in Committee, and Item No. 16 was removed from the Consent Agenda for further discussion. Codncilmember Rettman moved aDDroval of the Consent Agenda as amended. L't Adopted Yeas - 5 Nays - 0 1. Aooroval of minutes of City Council meetings for November 16, 21 and 30 and i Decmeber 5, 7, 12 and 14, 1989. 4 1; Adopted Yeas - 5 Nays - 0 f 2 2. Letter of the City Attorney's Office announcing a date of oublic hearing for January 22nd to consider possible adverse action against licenses held by Mary Fasching dba Char Dale located at 535 N. Dale. Filed (CC #13229) 3. Letter of the City Attorney's Office announcing a rescheduled date of public hearing to January 16th to consider possible adverse action against licenses held by J.J. Enterprises, Inc./RMM, Inc. and John Keena dba Gatsby located at 2554 Como. ' Filed (CC #13230) y. 4. Letter of the City Attorney's Office announcing a rescheduled date of public hearing to January 12th to consider possible adverse action against licenses held by Scanlon's Ace Box Bar & Pub, Inc. dba Ace Box Bar located at 2162 University. r Filed (CC #13231) 5. Letter of the Real Estate Division recommending a date of public hearing be established for January 30th to consider the petition of Dart Transit Company to vacate oart of Prince, Lafayette, Willius, Neil, Kittson and the alleys in Blk. 64, 65, 66 and 67 of Kittson's Addition. Laid over to January 30th for Public Hearing. i 6. Appeals (2) of Wence Sedlak to a Vehicle Abatement Order and a Summary Abatement — Order for property located at 1084 Randolph. (City Clerk recommends a date of public hearing be established for January 16th) Laid over to January 16th for Public Hearing. y 7. Administrative Orders D-10693 through D-10728 were noted as on file in the City < ! Clerk's Office. - 720 - 3 December 28, 1989 8. Resolution - 89-2280 - Establishing the rate of pay for Engineering Technician Suoervisor in Grade 15 Section ID4 of the Professional Employees Supervisory Standard Ranges in the Salary Plan & Rates of Compensation Resolution. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE) Referred to the Finance Committee. 9. Resolution - 89-2281 - Approving and ratifying 1990 Wage and Benefit Policy covering non -represented management personnel. (First Reading - FOR REFERRAL TO THE FINANCE COMMITTEE)I II Referred to the Finance Committee. 10. Resolution - 89-2282 - Amending the 1989 budget by adding $274 to the Financing �. & Soending Plans to close Litigation .Trust Fund. (FOR REFERRAL TO THE FINANCE COMMITTEE) Adopted Yeas - 5 Nays - 0 11. Resolution - 89-2283 - Amending the 1989 budget by adding $10,732 to the f ' Financing & Spending Plans for PED printing services. (FOR ACTION) Adopted Yeas - 5 Nays - 0 12. Resolution - 89-2284 - Giving preliminary approval for the issuance of Capital Improvement Bonds (($12,500,000), General Obligation Street Improvement Soecial Assessment Bonds ($2 650 000) Municipal State Aid Revenue Bonds ($1,155,000), { Water Revenue Bonds (15,545,000), and authorizing the Acting Director of Finance ) &`.Management Services to initiate all necessary actions toward to sale of said bonds and to report to the Council recommendations for the offering and sale no later than January 16, 1990. (FOR ACTION) Adopted Yeas - 5 Nays - 0 13. Resolution - 89-2285 - Authorizing proper City officials to execute a contract with the Minnesota Department of Jobs and Training for participation in conjunction with the Minnesota Employment and Economic Development Act (MEED). (F BOR ooted ACTION) Yeas - 5 Nays - 0 14. Resolution - 89-2286 - Approving Amendment No. 3 to the reinstatement of the oension plan of the HRA. (FOR REFERRAL TO THE FINANCE COMMITTEE) Referred'to the Finance Committee. 15. Resolution - 89-2287 - Authorizing proper City officials to pay Alfred J. and Eleanor Testzlaff $45,000 for the purchase of properties within the blocks bounded by Minnehaha, Beech, Etna and Birmingham for ponding area for the Belt Line Storm Sewer. (FOR ACTION) Adopted Yeas - 5 Nays - 0 17. Resolution - 89-2289 - Approving funding from the Charitable Gambling Youth Programs Fund for the Dunning Booster Club, Hazel Park Booster Club, Langford Booster Club and Neighborhood Connection-Lexington/Hamlin. (FOR ACTION) Adopted Yeas - 5 Nays - 0 18. Resolution - 89-2290 - Approving application for funding from the Charitable Gambling Youth Programs Fund for the Daytons Bluff Booster Club, East View Booster Club and the Minnesota Amateur Hockey Association District 1 (MAHA) and changing name from Wilder Booster Club to Wilder Youth Club. (FOR ACTION) Adopted Yeas - 5 Nays - 0 19. Resolution - 89-2291 - Declaring April 22, 1990 as Earth Day and endorsing the Global Cities Project on Earth Day 1990 and requesting staff to work with other governmental bodies and citizen groups to develop proposed activities for Earth Day for review by the Council by February 1, 1990. (FOR ACTION) Adopted Yeas - 5 Nays - 0 - 721 - j 53z + �r: ( 20. 21. 22. December 28, 1989 Resolution - 89-2292 - Approving plat for Andrew Addition. (FOR ACTION - Hearing held December 14th) Adooted Yeas - 5 Nays - 0 Resolution - 89-2293 - Aoproving assessment for installation of sanitary sewer service connections incidental to the Case/Westminster Area Storm Sewer oro0ect, and setting date of pubiic hearing for. February 6th. (FOR ACTION) Adooted Nays - 0 AYeas - 5 Resolution - 89-2294 - Aoproving assessment for installation of storm sewer stub tF connections incidental to the Randoloh/Snelling Storm Sewer project, and setting date of oublic hearing for February 6th. (FOR ACTION) Adopted Yeas - 5 Nays - 0 23. Resolution - 89-2295 - Aooroving assessment and acquiring a permanent easement to construct, ooerate and maintain street lighting on the north side of Kellogg Boulevard and condemning and taking a permanent street lighting easement to be installed in construct, operate and maintain street lighting planned to conjunction with the East Kellogg Gateway Neighborhood Partnership Program 6th. (FOR ACTION) project, and setting date of oublic hearing for February Adooted Yeas - 5 Nays - 0 16. Resolution - 89-2288 - Supporting the Metropolitan Council Caoital Improvement Program and legislative request for regional parkfunding and requesting CIP entry for acquisition of the Burlington Northern railroad corridor be changed to development subject to approval of the joint City -County trail master plan. SFOR ACTION) ohn Wirka of the Parks Deoartment appeared and requested the resolution be �y amended as there is a timing issue with the Master Plan. Councilmember Dimond moved language be added in the first "Further Resolved" to also include development, and Councilmember Scheibel accepted that as friendly. Roll call on the motion for approval as amended. Adooted Yeas - 5 Nays - 0 COMMITTEE REPORTS 24. Second Reading - 89-1762 - An ordinance amending Section 409.06(j) and 410.03(d) by deleting the requirement for surety bonds as a condition of intoxicating liquor licenses. (Community.& Human Services Committee recommends approval) Laid over to January 9th for Third Reading. 25. Second Reading - 89-1764 - An ordinance amending Section 409.08 of the Legislative Code and prohibiting discrimination in establishments issued on -sale intoxicating and non -intoxicating liquor licenses as clubs. (Community & Human Services Committee recommends approval) S Laid over to January 9th for Third Reading. 26. Second Reading - 89--1865 - An ordinance amending Chapter 229 pertaining to curfew restrictions on minors and the duties of parents. (Community &Human Services Committee recommends aooroval with amendment) It was a substitute ordinance has been prepared with the recommended noted amendments made in Committee, and Councilmember Rettman moved approval of the substitute ordinance. Roll call. Adooted Yeas - 5 Nays- 0 Laid over to January 9th for Third Reading. 27. First Reading - 89-2296 - An ordinance amending Chanter 45 of the Legislative Code pertaining to nuisances and abatement and rainleader disconnections. (Community & Human Services Committee recommends approval) Laid over to January 9th for Second Reading. s - 722 - - a? December 28, 1989 = 'irk* 28. Second Reading - 89-2124 - An ordinance amending the Legislative Code by adding a' ( a new chapter regulating Pleasure boat traffic in the Mississippi River to ensure safety of and enjoyment by all river users. (Public Works Committee recommends approval) Hf� Laid over to January 9th for Second Reading. 29. Resolution 89-2154 - Approving plans and specifications for AMG Resources of Pittsburg, PA plant at the vacant Twin City Shipyard facility owned by the Port Authority subject to building and zoning restrictions. (Public Works Committee recommends approval) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 5 Nays - 0 30. Resolution -. 89-2153 - Approving plans and sp yard waste comoosting site subject to ecifications for operation of the CWI conditions. (Public Works Committee recommends aooroval with amendment) Councilmember Dimond moved approval of the resolution. Adopted Yeas - 5 Nays - 0 31. Resolution - 89-2093 - Authorizing proper'City officials to reconvey tax forfeited parcels to the State for the area .bounded by Maury, Greenbrier, North Street and Truxton. (Public Works Committee 'recommen s approval) Councilmember Rettman moved approval of the resolution. n Adopted Yeas - 5 Nays - 0 i 32. Resolution — 89-2145 -'Approving and ratifying agreement with St. Paul Supervisor's Organization. (Second Reading &Adoption - Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Rays Adopted Yeas - 5-0 33. Resolution -,89-2051 - Establishing a salary range under the 1989 Fire Supervisory Standard Ranges and establishing rate of nay for Fire Dispatch Supervisor in the Salary Plan and Rates of compensation Resolution. (Second Reading9 & Adoption - Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 34. Resolution - 89-2178 - Changing rate of Pay, for Employment Programs Manager from Grade 20 to Grade 23, Section 104 of the Professional Employees Supervisor ' Standard Ranges in the Salary Plan & Rates of Compensation Resolution. (Second Reading & Adoption - Finance Committee recommends approval). Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 35. Resolution - 89-2146 - Establishing: the rate of pay for Selection and Validation ' Specialist in Grade 14,, Section ID3 of the Professional Employees Non - Supervisory Standard Range in the Salary Plan & Rates of Compensation Resolution. (Second Reading & Adoption - Finance.Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 _ 36. Resolution 89-2111 - Adjusting the rates of pay for Special Employment titles as listed in Section IIB of the Salary Plan & Rates of Compensation Resolution. (Second Reading & Adoption Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 n t - 723 - �y 41} (1 +ys ; Y 5 � - 37 38. 39. g December 28, 1989 yFire GradeResolution - 46 in Section?ID6Cof Fire Su erv'sorrate of yStandard Ranges. (Second Reading & Adoption - Finance Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 Resolution - 89-2083 - Amending the 1989 budget by adding $18,362 to the Financing & Spending Plans for PED-JTPA Governmental Employment & Training Program. (Finance Committee recommends aooroval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 - Nays - 0 Resolution - 89-2085 - Amending the 1989 budget by adding $4,841 to the Financing'& Spending Plans for Police Special Investigations. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution. 7 Adopted Yeas - 5 Nays - 0 40. Resolution - 89-2086 - Amending the 1989 budget by addingy $3,175 to the Management Fund Hill Street Warehouse. ;;• Financing & Spending Pians for Property - (Finance' Committee recommends approval) - Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 41. Resolution - 89-2087 - Amending the 1989 budget by adding $31,811 to the Financing &'Spending Plans for Propertyy Management —City Hall Annex Operations. (Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 42. Resolution - 89-2148 - Amending the 1989 budget by transferring $3,490,270 from Contingent Reserve General ($21,391) 3 Contingent Reserve Specified ($3,378,879), and Work Simpler Program ($90,000) to activities as listed for salary needs, and adding $211,179 to the Spending & Financing Plans for 1989 salary needs. (Finance Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 43. Resolution - 89-2179- Amending the 1989 budget by adding $30,281 to .the Financing & Spending Plans for Police-Confiscated and Unclaimed Monies. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 44. Resolution - 89-2180 - Amending the 1989 budget by transferring $2,675,515 from the Downtown and 7th Place Tax Increment Debt Service Fund to the HRA Downtown & 7th Place Tax Increment Redevelopment fund. (Finance Committee recommends approval) Councilmember Long moved approval of the resolution.: Adopted Yeas - 5 Nays'- 0 45. Resolution - 89-2181 - Amending the 1989 budget by adding $30,000 to .the Financing & Spending Plans for City Attorney Tort Liability settlements. (Finance comnittee recommends aaorovaljj Councilmember Long moved aporoval of the resolution. Adopted Yeas - 5 Nays - 0 - 724 - W December 28, 1989- 46. Resolution - 89-2090 - Approving the rea000intments by the Mayor of Merrill Robinson, Tom Gmeinder and Toni Baker and the appointments of Paul Savage, Andrea Hart Kajer and George Johnson to serve as members of 4he St. Paul Long Range Capital Improvement Budget Committee. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 47. Resolution - 89-2188 - Authorizing property City officials to save and hold suppliers harmless from any and all claims arising out of City's use of vehicles from Metro-Porsche Audi, Midway Chevrolet, Whitaker Buick and Kline Oldsmobile. (Finance Committee recommends aooroval) Councilmember Long moved approval of the resolution. Adopted Yeas - 5 Nays - 0 48. Resolution - 89-2095 - Requesting the Charter Commission to consider proposed amendments to the City Charter to permit the Council to establish a legislative advisory committee known as the Elder Council, to permit the legislative advisory committee to exist for a term of one year, and to allow the Council to provide per diem compensation to members of the Elder Council Advisory Committee. (Rules & Policy Committee recommends aooroval) Councilmember Rettman moved aooroval of the resolution. Motion failed of adoption. Yeas - 3 Nays - 2 (Long/Dimond) 49. Resolution - 89-2096 - Establishing the Elder Council as a Legislative Advisory Committee. (Rules & Policy Committee recommends aooroval) Councilmember Rettman moved approval of the resolution. Adopted Yeas - 4 Nays - 1 (Long) 50. Resolution - 89-2102 - Repealing Rule 10 of the Council Rules of Procedure, Chapter A-1 to the Administrative Code in its entirety and substituting a new Rule 10 "Order of Business" to include a consent agenda. (Rules & Policy Committee recommends approval) Councilmember Long moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 51. Resolution - 89-2187 - Developing a process whereby the City Council can resound to neighborhood needs for evening meetings. (Rules & Policy Committee recommends approval) Councilmember Long moved approval of the resolution. Adopted ' Yeas - 5 Nays - 0 i 52. Resolution - 89-2297 - Establishing the Senior Citizens Advisory Committee to be appointed by the Mayor with consent of the Council throw8h the ooen appointments process. Rules & Policy Committee recommends aooroval - To be laid over one Week to January 9th for final action) Laid over to January 9th. 53. Resolution - 89-2298 - Adopting suggestions, recommendations and goals set forth by the Community Facilities Task Force to the CIB Committee in regards to oriorities, processes and financing for handicaoped accessibility of city buildings: (Community & Human Services Committee recommends approval - To be laid over one week to January 9th for final action) Laid over to January 9th. f, .1 December 28, 1989 54. Resolution - 89-2299 - Accepting report of the Attorney General's working group ; � F a 1 !! 1,I Y i. - 726 - i .1 December 28, 1989 54. Resolution - 89-2299 - Accepting report of the Attorney General's working group ; on the regulation of sexually oriented businesses and requesting legislation concerning said businesses be established, as oart of the City's 1990 legislative package. (Community & Human Services Committee recommends approval - To be laid over one week to January 9th for final action) Laid over to January 9th. 55. Resolution - 89-2300 - Accepting report of the Attorney General's working group on the regulation of sexoally oriented businesses and requesting certain z recommendations be implemented as soon as possible. (Community & Human Services Committee recommends approval - To be laid over one week to January 9th for final action) S Laid over to January 9th, s 56. Resolution - 89-2301 - Requesting the Planning Commission consider a proposed amendment to Section 60.412(7) of the City's Zoning Code prohibiting recycling of scrap metal as a "home occupation" and to reoort recommendation to the Mayor and Council in a timely manner. (Community & Human Services Committee recommends approval - To be laid over one week to January 9th for final action) Laid over to January 9th. t 57. Resolution - 89-2302 - Accepting the 1989 St. Paul Overnight Shelter Board Report to the Mayor and Council and that recommendations be acted upon by !/ Council Committees. (Community & Human Services Committee recommends approval - h To be laid over one week to January 9th for final action) Laid over to January 9th. PUBLIC HEARINGS 58. Third Reading - 89-2122 - An ordinance amending Chapter 73 of the Legislative Code oertainnng to the Heritage. Preservation Commission. (Housing & Economic Development Committee recommends approval) No one appeared in 0000sition. Laid over to January 9th for Final Adoption. 59. Resolution - 89-2251 - Ordering the repair and/or demolition for property located at 719 Kent. (FOR ACTION - Laid over from December 21st) It was noted the property owner and/or their representative were not present in the Council Chambers. Steve Roy appeared and said this item had been laid over due to the extreme cold weather on December 21st and he said the oronert�y owner had been notified by both a telephone call and certified mail of today's public hearing, and he said their recommendation is for the reoair or demolition within 30 days. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays -,0 60. Hearing to consider the appeal of Richard Scalise to a Vehicle Abatement Order for property located at 768 DeSoto. Councilmember Rettman said Mr. Scalise is ill today and she requested this item be laid over to January 9th. Laid over to January 9th. 61. Hearing to consider the request of Ted and Myrtle Albrecht for -preliminary plat aooroval for Lots 1-4, B1k. 1, Derek Paul Addition to establish four rdsidential lots. Stan Moldenhauer appeared and stated he is representing the Albrecht's and he urged Council to approve all four lots. (Discussion continued on following page) - 726 - i a a`>> December 28, 1989 (Discussion continued from orevious page) s Bruce Bakkee appeared and stated he represents Paul Koch who owns prooerty at Sq .i 640 Burlington Road at the southeast corner of the properties in question and he said Mr. Koch has severe reservations y about this request and he distributed ohotograohs of his client's property. Mark Steinmetz, 616 Burlington Road, aooeared and spoke in 0000sition to this xy. item. He said more houses will add further conjestion and traffic and he 4i suggested a driveway be made on the east side of the property where the homes will be built. Councilmember Scheibel stated this item has not been heard in Committee. r„ Mr.Moldenhauer said time is of the essence to the Albrecht's' as they are of retirement age and this is causing them financial stress. Mr. Steinmetz said the Albrecht's have been retired for some time and he does not see the need for a rush. No one else aooeared. i> Councilmember Dimond said there are a lot of issues to be resolved and he moved be referred to the Housing & Economic Development Committee. Rthis oll caitem Adopted Yeas - 5 Nays - 0 Referred to the Housing & Economic Development Committee. 62. Resolution - 89-2303 - Approving application for Sunday On Sale Liquor License applied for by The Blue Horse located at 1355UniversityAvenue. (FOR ACTION) Noone appeared in 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 63. Resolution - 89-2304 - Approving application for On Sale Wine and On Sale 3.2 Malt Beverage License (menu item only) applied for by LaBelle France, Inc. dba The Quail on the Hill located at 371 Selby. No one aooeared in 0000sition. Councilmember Wilson moved approval of the resolution. Adopted Yeas - 5 Nays - 0 64. Resolution - 89-2305 - Aoprovin application for Off Sale 3.2 Malt and A-2 Grocery Licenses applied for by Ahmad Khatib dba Adam's Food located at 361 Earl. No one aooeared in 0000sition. Councilmember Dimond moved approval of the resolution. Adopted Yeas - 5 Nays - 0 65. Resolution - 89-2306 - Approving application for General Repair Garage License applied for by Fred Macalus dba Fred's Tire Company located at 411 S. Wabasha. No one appeared to 0000sition. Councilmember Wilson moved aooroval of the resolution. Adopted Yeas - 5Nays - 0 'a 66. Resolution - 89-2307 - Approving aoolication with stipulation for Auto Body Repair Garage License applied for by Dave Roering dba Roering Auto Body located at' 90 N.'Dale. ' Noone aopeared in 0000sition. Councilmember Dimond'moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 67. Resolution - 89-2308 - Approving application for the transfer of Off Sale Liquor and Original Container License applied for by Kappy's Liquor, Inc. dba Kap 's currently located at 345 Wabasha transferred to 349 Wabasha. — No one appeared in opposition. Councilmember Dimond moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 1y' 727 - iv - {` December 28, 1989 68. Resolution - 89-2309 - Aoroving application for Hotel/Motel License 40 Rooms applied for by Kellogg Square Partnership located at 111 E. Kellogg Boulevard. No one appeared in opposition. Councilmember Rettman moved aooroval of the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Rettman moved that the rules be suspended to consider an item not on the agenda pertaining to providing for the payment of legal fees incurred by employees of the St. Paul Police Oeoartment. Upon question of Councilmember Long, City Attorney Ed Starr, stated the resoluis not in oro ertform andion has not en he believesgthere isthe sOffice a problem tin that the Police Department is trying to circumvent and he said this item can be acted upon in 1990 after it has been Properly reviewed. After some discussion Councilmember Wilson moved the resolution be referred to the ClAoesOce -: ttheir hand recommendation. sioo ofherules with the to be referred to the City Attorney's Office for review. Adooted Yeas - 5 Nays - 0 Referred to the City Attorney's Office for review. Resolution - 89-2314 - Providing for the payment of legal fees incurred by Cheryl Indehar, Carolen Bailey and Richard'Simmons of the Department. St. Paul Police (See discussion above) Referred to the City Attorney's Office for review and recommendation. Councilmember Scheibel requested the rules be suspended to consider two ordinances relating to the functions of an Internal Auditor to be referred to the Finance Committee. Councilmember Rettman moved that the rules be suspended to consider the above items for referral to Committee. Adooted Yeas - 5 Nays - 0 First Reading - 89-2310- An ordinance amending Chanter 2 of the Administrative Code by adding a section establishing the Office of Internal Audit and the duties and authority of the internal auditor. Referred to the Finance Committee. First Reading - 89-2311 - An ordinance amending the Administrative Code by adding a new chapter. establishing an Internal Audit Committee. Referred to the Finance Committee. ? Councilmember Scheibel requested the rules be suspended to consider an item not on the agenda pertaining to retroactive of approval appointments by Mayor. Adopted Yeas - 5 Nays - 0 Resolution - 89-2312 - Approving, intent of the Council that any appointments by the Mayor approved on January 4, 1990 by this Council shall be approved retroactively to January 2, 1990. j Adooted Yeas - 5 Nays - 0 — Councilmember Sonnen arrived at this point in the meeting. Councilmember Scheibel requested the rules be suspended to consider an item not the on agenda pertaining to extending the loan taken by Our Fair Carousel and he explained one action will be taken acting as the City Council and another action taken acting as the HRA Board. Councilmember Dimond moved tosuspend the rules. Adopted Yeas - 6 Nays - 0 - 728 - L I= r _ / y i2I •' � .� oaf - December 28, 1989 Resolution - 89-2313 - Extending the loan taken by Our Fair Carousel from First Bank National Association to on or before February 28, 1990 and authorizing execution of the loan guarantee extension agreement and other related documents. Councilmember Dimond moved aooroval of the resolution. Adooted Yeas - 6 Nays - 0 The Council at this time recessed to act as the HRA Board. k?! r�+ � Councilmember Dimond called the meeting of the HRA to order and roll call was taken. Councilmember Rettman moved aooroval of HRA resolution authorizing agreement ` with Minnesota Landmarks, OFC and BCE to assure that the carousel is funded, a` managed and maintained in Town Square Park. Roll call. Adooted Yeas - 6 Nays - 0 h Councilmember Rettman moved that the meeting of the HRA be adjourned. `IP • 1 Roll call. r ?` Adooted Yeas - 6 Nays - 0 At this time the meeting of the City Council reconvened. ki MISCELLANEOUS / 69. Presentation of Recognition Awards. Certificates of Recognition Awards were Dresented to Councilmember Sonnen, Councilmember Scheibel, Mae Sylvester and Molly O'Rourke. Councilmember Sonnen moved that the meeting be adjourned. 3 Adooted Yeas - 6 Nays - 0 ADJOURNED AT 10:50 A. M. r �� —� ounce rest en ATTEST: Cooies sent to Councilmembers /- /D -9&4 Minutes app roved by Council /-/P- 96 t i y C rIe-rTK ABO:omk f s } �Z - 729 - 9 ROLL IDENTIFICATION SHEET ROLL NUMBER DEPARTMENT C C CONTENTS f NUMBER OR NAME OF FIRST DOCUMENT OF REGULAR CONTENTS f 9F' 2 .NUMBER OR NAME OF LAST DOCUMENT MICROFILMED Camera Image Image Orientation: x Reduction_= Cine Comic Duplex Simplex �J� Exposure O , k (MRC -4 & MRD -2 only Image Count Document Orientation']' Blipped: yesX._no_ ROLL IDENTIFICATION SHEET ROLL NUMBER DEPARTMENT C C CONTENTS f NUMBER OR NAME OF FIRST DOCUMENT OF REGULAR CONTENTS f 9F' 2 .NUMBER OR NAME OF LAST DOCUMENT MICROFILMED Camera Image Image Orientation: x Reduction_= Cine Comic Duplex Simplex �J� Exposure O Camera Orientation' (MRC -4 & MRD -2 only Image Count Document Orientation']' Blipped: yesX._no_ Certificate of Authenticity This is to certify that the microphotographs appearing on this microfilm of the documents described above are accurate and complete reproductions of records delivered in the regular course of business for photographing. Ramsey County Central Services - Microfilm Room 60 Ramsey County Courthouse St. Paul, Minnesota 55102 !� 3n ", �-/Qn / Dae Mi0rotilmed Camera Operator V , X51t . ROLL IDENTIFICATION SHEET �i p J x ROLL NUMBER + DEPARTMENT C t + tti p 1 CONTENTS NUMBER OR NAME OF FIRST DOCUMENT OF REGULAR CONTENTS NUMBER OR NAME OF LAST DOCUMENT "MICROFILMED Camera ,?44( -p -C i Image Orientation: Cine Com �( q Duplex Simplex Reduction Exposure Camera orientation �� & MRD -2 only Document Image Count Document Orientation 1_ p{— Blipped: yes)Lno__ Certificate of Authenticity This is to certify that the microphotographs appearing on this microfilm of the documents described above are accurate and complete reproductions sof records delivered in the regular course of business for photographing. Ramsey County Central Services - Microfilm Room 60 Ramsey County Courthouse St. Paul, Minnesota 55102 30tJ vim6'Re P � DaeM roi e amera tor era I 4Y S J iv, Ts`. 'L4�% � n 'i 4 S y i S .f 1 Y i i Lti 7 •' � . 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