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Minutes 03-16-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL MARCH 16, 1994 3:30 P.M. Room 330 City Hall and Court House SAINT PAUL, MINNESOTA - — � The meeting was called to order by Council President Thune at 3:40 p.m. Present - 7- Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune Absent - 0 Mayor Coleman appeared before the City Council requesting that the Council reconsider its vote on the 1994-1995 contracts for AFSCME Local 2508 and AFSCME Local 1842, and the three year contract with the International Alliance of Theatrical Stage Employees, Local 20, which were approved by the Council on March 9, 1994. The Mayor explained that since the contracts were adopted, he has been apprised by staff of the magnitude of the City's unfunded liability for retiree health insurance benefits and the impact on the City's annual costs for these benefits. Further, he was informed that the costs were included in the costing during contract negotiations and that no adjustments to benefit eligibility or benefit structure have been included in the approved contracts. Mayor Coleman recalled the debate which took place on retiree health insurance last year. At that time, the City had the opportunity to unilaterally eliminate or modify retiree health benefits for members of the Police Federation. The Council determined that a more fair and appropriate approach was to address the issue with all bargaining units during the next round of negotiations. The Mayor outlined his rationale for his request to the Council to renegotiate the contracts. In 1994 the City is projecting $4.5 million for retiree health benefits which represents a 30% increase in premiums. The City's payment for 1995 for retiree insurance will exceed $4.8 million and will grow to $7.8 million in the year 2000, and $23.6 million in the year 2010. The present unfunded liability resulting from these benefits is between $150 million and $175 million. The portion of the unfunded liability for AFSCME membership is $38 million. The State of Minnesota, Hennepin County, and the City of Minneapolis pay 0% of single health insurance premiums for retirees over age 65. Ramsey County pays a graduated amount based on years of service but never pays 100%. The City of St. Paul pays 100°/a of family health insurance premiums for retirees over age 65. The State, Hennepin County, and the City of Minneapolis pay 0% of family health insurance premiums, Mayor Coleman stated. The City of St. Paul will continue to meet these obligations for current retirees; however the only way to retire the increase in unfunded liability is to address the City's contributions through future retirees, Mayor Coleman stated. He said the AFSCME settlements do not address these concerns and the contracts cover over one-third of the workforce. The cost of these benefits, and the City's ability to pay, needs to be reexamined. He affirmed that this will be done across- the-board with all contracts. Jerry Serfling, AFSCME Council 14, Locals 1842 (technical employees) and 2508 (clerical employees) and Louie Greengard, St. Paul Trades and Labor Assembly appeared. Both spoke in opposition to the Mayor's request to reconsider the agreements. Serfling called it a"unique and tragic step in the relationship between labor and the City of St. Paul". Members of the unions ratified a contract .on December 28, 1993, Serfling stated. In the conclusions of a give and take compromise process of collective bargaining, AFSCME accepted no-increase in the first year and a modest increase in the second year. Part of the rationale for the minimal March 16, 1994 increase was to protect benefits and especially benefits for retirees. The relationship between labor and management must be built on trust and respect for the rela#ionship so that the parties —� are able to deal and make compromises in the future. Serfling stated that the appropriate thing to do, and to demonstrate respect for the relationship that collective bargaining requires, is to not rescind approval of the contracts but allow them to go forward and establish policy for future negotiations. Councilmember Guerin moved to reconsider Council Files 94-152, 1 b2, and 184 which were approved at the March 9, 1994 Council meeting. Roll Call - Ayes - 7; Nays - 0 After considerable discussion, Councilmember Harris moved to deny all three resolutions. Additional discussion ensued and Councilmember Rettman moved to lay the three resolutions over to April 6. Roll Call to lay over to April 6- Ayes - 5; Nays - 2(Guerin, Harris) CONSENT AGENDA Councilmember Megard requested that items #6,7,30,34,35,36 & 38 be removed for discussion. Councilmember Rettman requested that item #29 be removed for discussion. Councilmember Harris requested that item #33 be removed for discussion. Councilmember Blakey requested that item #37 be removed for discussion. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 7 Nays - 0 Sharon Anderson appeared before the Council. Ms. Anderson stated that she feels the Consent Agenda has been unconstitutionally applied. She noted particular resolutions on the consent agenda which she had questions about and said she feels it is in conflict with the open meeting law. Tim Marx, City Attorney, clarified that the Council can take action on the consent agenda as a whole and individual Councilmembers have the right to remove any item they wish for discussion. FOR ACTION 1. Approval of Minutes of February 9, 1994 City Council meeting. Adopted Yeas - 7 Nays - 0 2. Claims of Larry J. Hughes, Joseph & C�mthia Loss, John Mickelsen, Pete Ross, Mark Simon, and Seng Vue Xiong. Referred to City Attorney's Office 3. Administrative Orders: D94-049 - approving payment of $50.00 to Debby Flash for Public Health staff training, D94-O50 - 1993 budget revision in the Department of Finance and Management Services/ Cable Communications fund. 2 � . „ March 16, 1994 D94-O51 - approving payment not to exceed $3,000 to the Holiday Inn Express for classroom space police training. - -- � D94-052 - 1993 budget revision for Executive Administration/General Fund. D94-053 - 1993 budget revision in the Department of Libraries/Library Special Revenue Fund. D94-054 - 1993 budget revision for City Council/General Fund. D94-O55 - 1993 budget revision for Executive Administration/Special Projects General Fund. D94-056 - 1993 budget revision in the Department of Libraries/General Fund. D94-057 - 1993 budget revision in the Department of Finance and Management Services/General Fund. D94-058 - 1993 budget revision in the Department of Public Health/Special Revenue Fund. D94-059 - 1993 budget revision in the Department of Public Health/General fund. D94-060 - 1994 budget revision in the Police Department/General Fund. D94-061 - 1993 budget revision in the Police Department/Special Projects Fund. D94-062 - 1993 budget revision in the Police Department/General Fund. D94-063 - 1993 budget revision in the Police Department/General Fund. D94-064 - approving payment not to exceed $75.00 to the Joint Purchasing Office for training expenses. D94-065 - approving payment not to exceed $2,500 for room rental and meal expenses for meetings held by the Mayor's Economic Advisory Council in 1993 and 1994. D94-066 - approving addition of $4,620 to West 7th Community Center Roof Repair Contract Agreement. D94-067 - approving addition of $343.02 to Mears Park Mechanical Systems Contract Agreement. Noted as on file in City Clerk's Office 4.- Letter from the City Attorney's Office setting the date of hearing for Apri16, 1994 on the report of the Administrative Law Judge concerning licenses (ID #50524 & 66658) held by 738 University Avenue Inc., dba Badger Lounge, for the premises located at 738 University _ Avenue West. 5. Resolution - 94-251 - approving the appointment, by Mayor Coleman, of Robert Battle to the Saint Paul Human Rights Commission to fill the unexpired term of Rodney Hardiman. (Laid over from March 9 for adoption) Adopted Yeas - 7 Nays - 0 6. (Discussed later in the meeting) 7. (Discussed later in the meeting) 8. Resolution - 94-280 - approving the reappointment of Lillian Micke and the appointment of Natalie Hudson, by Mayor Coleman, to the Public Housing Agency of Saint Paul. (To be laid over one week for adoption) Laid over to March 23. 3 R " March 16, 1994 9. Resolution - 94-281.- approving the reappointment of Patricia Brand and the appointment of James Kowalski and Dr. Ruth Obersaat, by Mayor Coleman, to the Saint Paul Food and __ . Nutrition Commission. (To be laid over o�e week for adoption) Laid over to March 23. 10. Resolution - 94-282 - approving the appointment, by N�ayor Coleman, uf Blia Moua to the Saint Paul Parks and Recreation Commission. (To be laid over one week for adoption) Laid over to March 23. 11. Resolution - 94-283 - approving the appointment, by Mayor Coleman, of David Jann to the Saint Paul Civil Service Commission as an altemate. (To be laid over one week for adoption) Laid over to March 23. 12. Resolution - 94-254 - approving renewal of Class III Gambling Premise Permit (ID #01743) by Ladies Samaritan Club at Ideal Hall, 1494 North Dale St. (Laid over from March 9 for adoption) Adopted Yeas - 7 Nays - 0 13. Resolution - 94-255 - approving renewal of Class III Gambling Premise Permit (ID #00963) by St. Bernard's Church at Tin C�ps, 1220 Rice St.; St. Bernard's Parish Center, 147 W. Geranium; and Lentsch's, 1091 Rice Street. (Laid over from March 9 for adoption) Adopted Yeas - 7 Nays - 0 14. Resolution - 94-256 - approving renewal of On Sale Liquor and Supporting Licenses (ID #1�6�5-37�48} by: Alary's Bar, 249 7th St. W.; Erick's Bar, 949 7th St. E.; Joe & Stan's, 949 7th St. W; Ted's Recreation, 1084 Larpenteur Ave. W.; Trend Bar, 1537 University Ave. W.; Lentsch's, 1091 Rice St.; Awada's, 199 Plato Blvd. E. (Laid over from March 9 for adoption) Adopted Yeas - 7 Nays - 0 15. Resolution - 94-257 - approving renewal of On Sale Wine and Supporting Licenses (ID # 16018-96059) by Acropol Inn, 748 Grand Ave.; Italian Pie Shoppe & Winery, 777 Grand Ave.; LaC�caracha Restaurant, 36 Dale St. E.; Napoli Cafe, 1406 �'Vhite Bear Ave. N.; Dynasty Restaurant, 2346 7th St. W.; Caravan Serai, 2175 Ford Parkway; Muffuletta In The Park, 2260 Como Ave., Ristorante Luci, 470 Cleveland Ave. S. (Laid over from March 9 for adoption) Adopted Yeas - 7 Nays - 0 16. Resolution - 94-258 - approving renewal of a Bingo Hall License (ID #98815) by Oak Grove Properties, dba Midway Bingo Palace, at 449 N. Lexington Pkwy. (Laid over from March 9 for adoption) Adopted Yeas - 7 Nays - 0 4 ' r March 16, 1994 17. Resolution - 94-284 - approving renewal of various Class III and supporting Licenses (ID #18630-95505) by: Auto Radiator & Air Conditioning, 1118 7th St. E.- (general repair -- � garage); Catholic Parents Club/Kelly Inn/Legends, 161 St. Anthony Ave. (gambling manager); Atlas Auto Parts, 228 Sycamore St. W. (motor vehicle salvage dealer/second hand dealer-motor vehicle); Majesty Auto Sales Inc., 1328 Point Douglas Road (second hand dealer-motor vehicle);Midway Training Services Inc./Sports Break, 1199 Rice St. (gambling manager); Midway Training Services Inc./Trend Bar, 1537 University Ave. W. (gambling manager); Midway Training Services Inc./Erick's Bar, 949 7th St. E. (gambling manager); Atwater Auto Body & Collision, 363 Atwater St. (auto body repair garage). (To be laid over one week for adoption) � Laid over to March 23 for adoption. 18. Resolution - 94-285 - approving renewal of various Class III and supporting Licenses ID #14673-91396) by: Doug's Recycling, 240 Sycamore St. W. (recycling processing center); Monda's Restaurant, 1047 Hudson Rd. (on sale malt)(restaurant-over 14 hrs. to 99s-C); Romolo's Restaurant, 1409 Arcade St. (on sale malt)(restaurant-over 14 hrs. to 99s-C); Art's Gun Repair, 2156 Ivy Ave. E. (firearms); New Life Styles Inc., 1176 Dale St. N. (general repair garage); Clair's Mobil Service, 1341 St. Clair Ave. (general repair garage); Waldorf Corporation, 2250 Wabash Ave. (recycling processing center); Hensel Auto Body Inc., 159 Lafond Ave. (auto body repair garage); Caravelle Restaurant, 799 University Ave. W. (on sale malt)(restaurant 14 hrs. to 99s-B). (To be laid over one week for adoption) Laid over to March 23 for adoption. 19. Resolution - 94-313 - approving renewal of on Sale Wine, On Sale Malt (3.2), and Restaurant-B License (ID #46898) by Peking Restaurant of St. Paul, Inc., dba Peking Restaurant of St. Paul, at 475 Etna Street. (To be laid over one week for adoption) Laid over to March 23 for adoption. 20. Resolution - 94-286 - approving renewal of various On Sale Liquor and Supporting Licenses (ID #16189-16395) by: Porky's, 1080 Payne Ave. (liquor on sale-100s/less-C)(Sunday on sale liquor)(off sale malt)(restaurant (C)-limited}; Chistensen's Bar, 1567 University Ave. W. (liquor on sale-100s/less-C)(Sunday on sale liquor)(entertainment-class 3)(gambling location Class C)(off sale malt)(restaurant (B)-more than 12s). (To be laid over one week for adoption) Laid over to March 23 for adoption. 21. Resolution Approving Assessment - 94-287 - in the matter of construction of storm sewer service connections that were requested by the property owners in conjunction with the Edgcumbe/Bayard area projects, and setting date of public hearing for April 27, 1994. . (File #18609-3) Adopted Yeas - 7 Nays - 0 5 March 16, 1994 22. Resolution Approving Assessment - 94-288 - in the matter of ratifying the taking of permanent utility easement in conjunction with the Eustis/Franklin CsSP Project, and -- � setting date of public hearing for Apri127, 1994. (File #18720E1) Adopted Yeas - 7 Nays - 0 23. Resolution Approving Assessment - 94-289 - in the matter of ratifying the taking of temporary and permanent easements in conjunction with the Eustis/Franklin CSSP Project, and setting date of public hearing for April 27, 1994. (File # 18720E2) Adopted Yeas - 7 Nays - 0 24. Resolution - 94-290 - authorizing the Division of Parks and Recreation to undertake a Pest Control Program on City park properties and post notification of same. Adopted Yeas - 7 Nays - 0 25. Resolution - 94-291 - approving the addition of Explorer Post #185 to the 1994 10% Eligible Recipients List to receive direct charitable gambling donations. Adopted Yeas - 7 Nays - 0 26. Resolution - 94-292 - approving disbursement of Youth Program Funds from charitable gambling to Explorer Post # 185, Highlighters Drum & Bugle Corps, St. Paul Science Fair Support Group, Snelling/Hamline Community Council, and Wilder Youth Club, Inc. Ado2 ted Yeas - 7 Nays - 0 27. Resolution - 94-293 - accepting grant funds for the Office of License, Inspections and Environmental Protection's (LIEP) Process Redesign effort. Adopted Yeas - 7 Nays - 0 28. Resolution - 94-294 - authorizing the Fire Department to accept a contribution of $5,000.00 from The St. Paul Companies to be used for the Junior Fire Marshal Program. Adopted Yeas - 7 Nays - 0 29. (Discussed later in the meeting) 30. (Discussed later in the meeting) 31. Resolution - 94-296 - removing the "nuisance" designation of 695 Conway Street and declaring that it no longer is a nuisance property. Adopted Yeas - 7 Nays - 0 32. Resolution - 94-297 - increasing the 1994 Budget of the Sewer Service Enterprise fund to replace vehicles and equipment lost on July 22, 1993 at Third Street and Maria Avenue. (This equipment is 100% reimbursable from the City's insurance carrier with the deductible paid from the City's risk retention fund). Adopted Yeas - 7 Nays - 0 6 r March 16, 1994 6. Resolution - 94-252 - approving the appointments by Mayor Coleman of Carol Faricy, Litton Field Jr., Richard Kramer, Daniel Riehle, Frank Gurney and the reappointments of Ann __ _. Flaxman Geisser and Kurt Schwichtenberg to the Saint Paul Planning Commission. (Laid over from March 9 for adoption) Councilmember Megard said she has concern with appointments to the Planning Commission with regard to minority appointments, gender balance, and especially geographical balance. She noted that the Commission presently consists of eleven males and ten females. Only two of these are minority appointments which were made by the former Mayor. She encouraged the Mayor's Office to seek more representation from the minority community and also to be aware of wards which may have felt they were not adequately represented on the Commission in the past. Councilmember Megard moved approval Adopted Yeas - 7 Nays - 0 7. Resolution - 94-279 - approving the appointment, by Mayor Coleman, of Donald Del Fiacco to the Saint Paul Civic Center Authority. (To be laid over one week for adoption) Councilmember Megard noted that there are eight males and one female on the Civic Center Authority. One of these members is a minority. Patrick Seeb, Mayor's Office, expressed satisfaction with the appointment of Donald Del Fiacco citing his extensive involvement in the St. Paul community. Mr. Seeb acknowledged that they do iike to have a strong talent pool from which to draw for the various appointments to committees and commissions. Councilmember Megard questioned if the City received an ample pool of applicants for the Civic Center Commission and the Planning Commission. Mr. Seeb responded that 44 applications were received for the Planning Commission; three of these were minorities. There were 11 applicants for the Civic Center Authority. Laid over to March 23 for �nal adoption. 29. Resolution - 94-295 - approving payment of $4,317. 17 from the Tort Liability Fund to Jay Behnken in full settlement of his claim against the City of Saint Paul. Councilmember Rettman distributed a substitute resolution as the dollar amount had increased for repair of the vehicle involved in this claim since the original resolution was prepared. Councilmember Rettman moved approval of the substitute resolution. Substitute adopted Yeas - 7 Nays - 0 30. Resolution 93-1554 - approving the City of St. Paul Elections Division to enter into a contract with Ramsey County for election services. (Laid over from January 19) (Councilmember Thune left and returned during this discussion.) Molly O'Rourke, Director of the Information and Complaint Office, said that she is continuing to work with the County to pursue options for election services and provided a status report. The five options on the table included: co-locating city and county election services. This was not pursued in any depth as it was determined it would cost the city more. If co-location were done at Ramsey county, additional staff would have to be hired in the Records Division to maintain adequate phone and counter coverage. Another option 7 March 16, 1994 not seriously pursued was maintaining the status quo. A resignation and several retirements have allowed for a reorganization of the office. Therefore, it was felt-that election services-- � cc���d be provided for substantially less than in the past. The three options most highly considered include: merging election services under Ramsey County; contracting for election services with Ramsey County; and maintain separate election offices which would involve a reorganization of the City Clerk's Office to accommodate the reduction in staff. Discussion ensued and several questions were raised by Councilmembers. Councilmember Megard requested feedback on whether a merger will make it easier for citizens to get information from the Election Bureau Councilmember Rettman requested direction from the Administration on performance criteria, i.e. what the City is expecting; a commitment in writing on terms of pay for election judges; contingency item of $16,000 - whether there will be a need for it or not; the right of the employee and the right to continue their benefits and contractual obligatior.:5. Councilmember Harris suggested the City may want to consider selling the voting machines rather than leasing them in order to save on resource allocation. Pam Wheelock responded that the reason for leasing the equipment is that the City would retain rights to the equipment should either the City or the County at some time not continue with the contract. Lou McKenna, Director of Records and Revenue for Ramsey County, stated that he has determined that the County can handle the elections function at the same service level for $100,0001ess than what it costs the City. McKenna said he has also had discussions with the �-3znnepin County Assesso�'s Of�ce about the possibility of Ramse;r County doing their work by contract. Councilmember Rettman requested that the Council be provided with the numbers showing the actual savings that would be realized and who would be doing what. Jerry Serfling, AFSCME Council 14, noted that there is one employee who needs to be protected if the merger were to take piace. Councilmember Megard and Rettman moved to lay the resolution over two week. Roll call on layover Yeas - 7 Nays - 0 (Councilmember Guerin left and returned during the following discussion) 33. Resolution - 94-298 - authorizing the City to apply for and to receive 1994 Community Development Block Grant (CDBG) Funds in the amount of $9,540,000. Councilmember Harris noted that there are organizations that have outstanding debts to the City of St. Paul and they are in a position to receive additional dollars through the CDBG program. He proposed that dollars be held in contingency until those bills have been resolved to the satisfaction of the Council and the Administration. Councilmember Harris presented an amendment to this effect. A brief discussion ensued and changes were made to the proposed amendment. Councilmember Megard noted the important of the CDBG money to the City and to each group that receives it. She said she wants to see the situation with the billing resolved but does not want to hold up CDBG funding. Council President Thune said that he felt some groups in the City that needed things the most would be penalized by holding up CDBG funding. Councilmember Rettman responded that within four to six weeks there will be a policy in 8 March 16, 1994 place on collecting bills and she does not feel this will be a negative as long as the issue of uncollected bills is corrected. She does not feel it will hold up the bil�ings or hurt the -- - CDBG eligible areas but that it will set in place a process on how CDBG dollars need to be used to insure that debt is not being incurred at the same time that someone is receiving dollars. Councilmember Grimm expressed concern with penalizing by withholding CDBG dollars; however, she said it is not a problem if it means placing the dollars in contingency as merely an administrative process that holds something in status and then is released. Pam Wheelock suggested the dollars be placed in a Mayor's contingency. Councilmember Harris moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 34. Resolution - 94-299 - approving the need to act on Legislative Iniatives in obtaining tax forfeited properties in a timely manner. Councilmember Blakey noted that this issue was discussed in the IGR Committee and moved approval. Adopted Yeas - 7 Nays - 0 35. Resolution - 94-300 - providing direction to Legislative Delegation on lead base paint. Councilmember Blakey introduced a substitute resolution and moved approval. Substitute Adopted Yeas - 7 Nays - 0 36. Resolution - 94-301 - supporting the Cit}�s position to modify current State Statutes relating to Replacement Housing. Councilmember Blakey moved a one week layover. � Roll Call for layover to March 23 Yeas - 7 Nays - 0 37. Resolution - 94-302 - amending Council File 93-1789 establishing a Joint Powers Board of Directors to obtain a Disparity Study; approving delegates. Council President Thune explained that this resolution brings everything cunent within the Board. Hennepin County and the City of Minneapolis have chosen not to participate in the Joint Powers Board. A change was requested which allows Councilmembers to designated people to act on their behalf on the Board. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 38. Resolution - 94-303 - amending the Civil Service Rules by establishing the position of Administrative Assistant in the unclassified service of the City of Saint Paul. Councilmember Megard noted that this Resolution conesponds with Ordinance 94-304 on this agenda and moved to layover to the third reading of the ordinance. Laid over to March 30 Yeas - 7 Nays - 0 9 March 16, 1994 ORDINANCES 39. Final Adoption - 94-200 - an ordinance amending section 331.05(a) of the St. Paul Legislative Code to allow the use of affidavits to establish the existence of leases. (Public hearing held March 9) Councilmember Rettman moved approvaL Adopted Yeas - 6 Nays - 0 40. Final Adoption - 94-201 - an ordinance amending Chapter 310 of the St. Paul Legislative Code pertaining to the license fee schedule to address changes in massage therapist license categories. (Public hearing held March 9) Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 41. Final Adoption - 94-202 - an ordinance amending Chapter 347 of the St. Paul Legislative Code establishing licensure of dog ;�':��� grooming facilities separate and distinct from the pet shop license. (Public hearing held March 9) Councilmember Megard moved approval with an amendment to include cats as well as dogs. Amended and laid over to March 23 for final adoption. Ayes - 7 Nays - 0 42. Final Adoption - 94-203 - an ordinance amending Chapter 60 of the St. Paul Legislative Code pertaining to zoning for the City of St. Paul and the zoning maps thereof - approval of a petition of Castro's Collision Center to rezone property located at 113-115 E. Belvidere St. and 786 South Robert St. to B-3 (Public hearings held February 9 and March 9) Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 43. First Reading - 94-304 - an ordinance establishing the position of Administrative Assistant in the unclassified service of the Police Department, pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. Laid over to March 23 for second reading. PUBUC HEARINGS: 44. Third Reading - 94-241 - an ordinance amending Chapter 121 of the St. Paul Legislative Code pertaining to permits for driveways, sidewalks and curbs, and repealing Chapter 126 of the St. Paul Legislative Code pertaining to surfacing between curb and sidewalk. No one appeared in opposition. Lzid over to March 23 for final adoption. 45. Third Reading - 94-242 - an ordinance amending the St. Paul Legislative Code by adding a new Chapter 134 pertaining to projections and encroachments within the public right-of-way. No one appeared in opposition. Laid over to March 23 for final adoption. 10 March 16, 1994 46. Third Reading 94-199 - an ordinance amending Chapter 376 of the St. Paul Legislative Code increasing fares ' ' ' , clarifying_. . definitions, and adding taxicab top light requirements. (Recalled from City Operations Committee on March 9) Councilmember Harris introduced a substitute ordinance. The heading of the ordinance was amended as noted above. Michael Morrissey, owner of M&M Transportation Company, appeared before the Council. He expressed concern that other members of the industry were not aware of the public hearing. Councilmember Hanis moved to introduce the' substitute. Roll Call Yeas 7 Nays - 0 Laid over to March 23 for final adoption 47. Resolution - 94-162 - approving application (ID #22238) for a General Repair Garage License by Seng Thor Khang, dba Arcade Super Auto Repair, at 1324B Arcade Street. Councilmember Grimm moved to layover the resolution two weeks in order to prepare amendments.. Roll call to lay over to March 30 Ayes - 7 Nay - 0 48. Resolution - 94-165 - approving application (ID #16412) for a Dance Hall License by Fred and Mary Ellen Inc., dba Club Metro, 733 Pierce Butler Route. Councilmember Blakey moved approval. No one appeared in opposition. Adopted Yeas - 7 Nays - 0 49. Resolution - 94-305 - approving application (ID #24802) for a Second Hand Dealer Motor Vehicle License by East 7th Auto Inc. (Brian Lueth, C.F.O.), at 874 E. 7th St. No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 50. Resolution - 94-306 - making determinations and findings necessary to acquire a vacant lot at 660 East Third Street through eminent domain and quick-take. Mara O'Neill, PED, stated that on December 16, 1993, the HRA Board approved authorization of the sale of HRA property at 3rd and Maria to the Dayton's Bluff Neighborhood Housing Service. At that time, staff was authorized to schedule a public hearing before the City Council to consider findings and make a determination necessary to acquire the vacant lot at 660 East Third Street under eminent domain and 90-day quick- take. L.es Lehman, 173 South Oxford, owner of the above property provided background information on this property and some of the problems involved with selling it. Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 11 March 16, 1994 51. Final Order - 94-307 - In the Matter of improving the alley in Block 3, Hazel Park Division 4, by grading and paving with bituminous material. (Bounded by York, Sims, White Bear, __ . and Van Dyke) (File #18733). Councilmember Grimm stated that the district council would like to discuss the contents of Final Orders 94-307 and 94-308 at their next meeting. Councilmember Grimm moved to lay over two weeks. Laid over to March 30 Ayes - 7 Nays - 0 52. Final Order - 94-308 - In the Matter of the alley in Block 3 Hazel Park Div. 4(York Sims, White Bear, and Van Dyke). Condemning and 'taking an easement in the land necessary for the slopes, cuts and fills, including right of removal of lateral support from subject land or remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving of said alley (File # 18733-S). Councilmember Grimm moved to layover two weeks. Laid over to March 30 Ayes - 7 Nays - 0 53. Final Order - 94-309 - In the Matter of improving the alley in Noha's Addition in Block 5, Watson's 2nd Addition, by grading and paving with bituminous material and constructing a storm sewer in the alley. (Bounded by I-35E, Chatsworth, Bayard and Tuscorora) (File # 18734). No one appeared in opposition Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 54. Final Order - 94-310 - In the Matter of the alley in Block 1, Noha's Addition and Block 5 Watson's 2nd Addition from 285 feet west of Chatsworth Street to Chatsworth Street (I-35E, Chatsworth, Bayard, Tuscarora). Condemning and taking an easement in the land necessary for the slopes, cuts, and fills, including right of removal of lateral support from subject land or remainder thereof occasioned by excavations thereof (File # 18734-5). No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 55. Final Order - 94-311 - In the Matter of improving the East-West alley and the easterly North-South alley in Block 44, St. Anthony Park North, by grading and paving with bituminous material. (Bounded by Commonwealth, Como, Knapp and Chelmsford) (File # 18735). A property owner in this area acknowledged that there is a problem with erosion and access for the property owners at the bottom of the slope but questioned whether paving an alley is the right thing to do as it may increase traffic in the alley. Paul St. Martin, Public Works, said a petition was signed by seven of the twelve property owners for the improvements because of the current problem with erosion. An informa- tional meeting was also held with the neighbors. Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 12 , March 16, 1994 56. Final Order - 94-312 - In the Matter of the East-West alley and the Easterly North-South alley in Block 44, St. Anthony Park North (Knapp, Commonwealth, Como, Chelmsford). _— - Also, condemning and taking an easement in the land necessary for the slopes, cuts and fills, including right of removal of lateral support from subject land or remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving of said alley (File # 18735-S). Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 BROUGHT IN UNDER SUSPENSION: ' Resolution - 94-318 - supporting legislation to fund the planning and design for the Wabasha Street Bridge replacement. Councilmember Rettman noted that it was necessary to bring the Wabasha Bridge issue before the Council prematurely for reconfiguration. This resolution will bring before the Legislature a request for $2.8 million to be applied to the planning and design of the Wabasha Street Bridge replacement. This does not preclude, nor stop, any subsequent legislation that will be needed both at the Federal level and State level in 1995 for the actual replacement cost. $700,000 was put into the design concept for 1994 and an additional $500,000 for 1995. These dollars can all be combined for a good design, Rettman said. One million dollars has to be on an alternative because both concrete and steel designs are federally mandated The City is asking the I.egislature to have this as either part of the highway bill or as a part of the bonding bill. Councilmember Rettman moved for suspension of the rules to introduce the above resolution. Roll Call Ayes - 7 Nays - 0 Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 Resolution - 94-319 - requesting state bonding money for planning of Global Marketplace. Councilmember Blakey moved for suspension of the rules to introduce the above resolution. Roll Call Ayes - 7 Nays - 0 The Global Market Place is in the University/Dale area. The City is asking the Legislature for bonding money to carry out the mission of the market place. The Mayor's has been supporting this and has signed off on the resolution. Councilmember Rettman questioned if this would be a Class A priority. Blakey replied that it is only a request to the I.egislature to provide the $200,000 bonding money for planning. The question was raised as to who would do the lobbying on this issue. Blakey responded that the Mayor's Office will be handling the lobbying. Pam Wheelock said that the top priorities at this time are CSO funding, capital bonding, • Como debt service. Language was added to the resolution to accurately reflect the request. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 13 ; :, March 16, 1994 � � � � Counci�member Rettman moved to adjourn the meeting. D T 6. P.M. Council Pre dent, vid Thune ATTEST: Minutes approved by Council Nancy �� on ^� �� '-'� � `� q `, Assistant �b�incil Secretary 14