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Minutes 01-26-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL JANUARY 26, 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 3:35 p.m. Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune Absent - 0 Items #53 and #54 were taken out of order 53. Recognition of retiring City employees. The following people were recognized: Roy E. Bredahl, Jr., Lloyd B. Erickson, Bernice L. Leahy, Donald E. Nygaard, Pauline M. Ross, Kenneth L. Tunell, Arthur Werthauser. 54. Presentation of Winter Carnival events by the St. Paul Festival and Heritage Foundation. 1993 Winter Carnival Royalty. The 1993 Winter Carnival Royalty, including the King, Queen and the Royal Court were introduced to the City Council. The Councilmembers were knighted and presented with Winter Carnival memorabilia. Councilmembers extended their appreciation to the Royalty. CONSENT AGENDA FOR ACTION Council President Thune requested that #26 be removed for discussion. Councilmember Harris requested that #27 be removed for discussion Councilmember Rettman requested that #29 be removed for discussion. Councilmember Rettman requested that #30 be removed and heard with #38. Councilmember Harris requested that #33 be removed for discussion. Councilmember Rettman moved approval of the consent agenda as amended. Adopted Yeas - 7 Nays - 0 1. Approval of minutes of the December 23, 28, 30, 1993, January 5 and 12, 1994 City Council meetings. Adopted Yeas - 7 Nays - 0 2. Administrative Orders: D94-003 - Addition of $5,884.00 to the contract for Hillcrest Community Recreation Center. D94-004 - Addition of $9,447.34 to the contract for Neighborhood House/EI Rio Vista Recreation Center addition and remodeling. D94-005 - 1993 budget revision in the amount of $10,�0 in the Finance Dept. (Risk Management)/General Fund for automated equipment. D94-006 - Addition of $7,194.00 to the contract for construction of the East Side Community Center. Noted as on file in the Cit�r Clerk's Office 3. Claims of Sheryn L. Knutson, and Gay Vonne Monack. Referred to the City Attorney's Office. 4. Summons and Complaint In the Matter of Mark Fischer vs the City of Saint Paul et al. Referred to the City Attorney's Office. 5. Summons and Complaint In the Matter of William Willard vs the City of Saint Paul. Referred to the City Attorney's Office. 6. Summons and Complaint In the Matter of Hamline-Midway Neighborhood Stability Coalition et al. vs. the City of Saint Paul et al. Referred to the City Attorney's Office. 7. Letter from the Department of Planning, Zoning Division, setting a date of Public Hearing for February 9, 1994, in the matter of rezoning property from RT-1 (residential) to I-1 (industrial for expansion of Castor's Collision Center (auto body shop) at 113-115 East Belvidere Street and 786 South Robert Street. 8. Letter from the Public Health Department declaring the following properties as "nuisance buildings": 602 Sims Avenue and 1714 Nebraska Avenue E. (For notification purposes only. Public Hearings will be scheduled at a later date if necessary.) 9. Resolution 94-50 - approving renewal of various Class 111 Licenses by: Bonded Trans- mission Specialists, 1790 University Avenue W. (General Repair Garage) (ID 15211); Roger's Auto Parts, 800 Barge Channel Road (Motor Vehicle Salvage Dealer) (ID 27123); Lower Eastside Football, 901 Payne Avenue (Gambling Manager) (ID 61999); Chuck's Lower East Side Football, 499 Payne Avenue (Gambling Manager) (ID 77230); Shenanigins Midwest Radiator Inc., 270 8th Street E. (General Repair Garage) (ID 90733). (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 10. Resolution 94-51 - approving renewal of various Class III Licenses by: All American Auto Service, 1036 Grand Avenue (General Repair Garage) (Gas Station) (ID 10262); City Walk Ramp, 69 7th Street E(Parking Lot/Ramp) (ID 10561); Imperial Parking Inc., 60 4th Street W(Parking Lot/Ramp) (ID 11799); M.F. Automotive, 1728 Selby Avenue (General Repair Garage) (14762); Griggs-Midway Management Co., 1821 University Avenue W(Parking Lot/Ramp) (ID 15083); Jiffy Lube, 650 Snelling Avenue N(General Repair Garage) (ID 15440); Saturn Lot, 520 Willius Street (Parking Lot/Ramp) (ID 17956); Mercury Lot, 510 Willius St. (Parking Lot/Ramp) (ID 17957); Jupiter Lot, 390 9th Street E(17959); Brightbill Auto Service Inc., 291 Fillmore Avenue E(General Repair Garage) (Auto Body Repair Garage) (ID 38192); U.S. Swim & Fitness, 1166 University Avenue W(Health/Sport Club) (ID 41012) Como Area Youth Hockey/Ryan's, 201 4th Street E(Gambling Manger) (ID 47575); Twin Cities Metro Chapter Unico National/Viaduct Inn, 1056 7th Street E(Gambling Manger) 2 (ID 56066); Snelling Auto Service, Inc. (General Repair Garage) (ID 58028); A J Auto Parts Inc., 106 Arlington Avenue E(Second Hand Dealer-Motor Vehicle Parts) (ID 63671); Imperial Parking Inc., 242 8th Street E(Parking Lot/Ramp) (ID 69626); Hayden Heights Booster Club/Kick-Off Bar, 1347 Burns Avenue (Gambling Manger) (ID 78725); Imperial Parking Inc., 261 7th Street E(Parking Lot/Ramp) (ID 84335); Imperial Parking Inc., 282 6th Street E, (Parking Lot/Ramp) (ID 86580); Twin Cities Metro Chapter Unico National, 949 7th Street W (Gambling Manager) (ID 96383); Minnesota State Recycling Center, 606 Olive Street (Recycling Collection Center) (ID 98779) (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 11. Resolution 94-52 - approving renewal of Class III Gambling Premise Permit by North Suburban Youth Association, Inc. at Arnellia's, 1183 W. University Av. (ID 01485) (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 12. Resolution 94-53 - approving renewal of Class III Gambling Premise Permit by Holy Childhood Church, 1395 McKinley Street, at Midway Bingo Palace, 449 N. Lexington Parkway (ID 02705) (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 13. Resolution 94-54 - approving renewal of various Class III Licenses by: Pipe-Line Oil Co., 1164 Rice Street (Gas Station) (ID 15486); Lindbeck Auto Body, 1346 Arcade St. (Auto Body Repair Garage) (ID 16040); Wilson Auto Salvage, 208 Arlington Avenue E. (Motor Vehicle Salvage Dealer/Second Hand Dealer-Motor Vehicle) (ID 19202); C.P. Auto Services, 165 Sycamore Street W. (General Repair Garage) (ID 20124); Kellogg Square Apartments Ramp, 111 Kellogg Blvd. E. (Parking Lot/Ramp) (ID 37734); L&L Parking Inc., 270 4th Street E. (Parking Lot/Ramp) (ID 69631); Autobody Warehouse, 2570 Ellis Avenue (Second Hand Dealer-Motor Vehicle Parts) (ID 92520) (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 14. Resolution 94-55 - approving renewal of Class III gambling premise permits by: Minnesota Waterfowl Association at Beaver Lounge, 756 Jackson St. (ID 01313); Minnesota Waterfowl Association at Ron's Bar, 879 Rice St. (ID 01313). (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 15. Resolution 94-56 - approving renewal of On Sale Liquor and Supporting Licenses by: Kick-Off Pub, 1347 Burns Avenue (ID 26751); Amelia's Nite Club & Eatery, 175 5th Street E. (ID 43264); Favore' Ristorante', 30 7th Street E. (ID 85943) (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 16. Resolution 94-57 - approving application (ID 44002) for renewal of the On Sale Wine, On Sale (3.2) Malt and Restaurant-B License at the Barbary Fig Inc., dba The Barbary Fig at 720 Grand Avenue. (Laid over from January 19 for adoption) Adopted Yeas - 7 Nays - 0 3 17. Resolution 94-58 - approving renewal of On Sale Wine and Supporting Licenses by: South China Island Inn, 1422 Rice Street (ID 11911); �Ilow Gate Chinese Restaurant, 767 Cleveland Avenue S. (ID 16070); and Cossetta's, 211 7th Street W. (ID 16386) (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 18. Resolution 94-59 - approving renewal of a State Class B Gambling Premise Permit by St. Paul Firefighters Local 21 at Novaks, 919 Randolph Avenue (ID B-03046-004). (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 19. Resolution 94-60 - approving renewal of an On Sale Liquor-A, Sunday on Sale Liquor, Entertainment III, and Restaurant -D License by Que Viet Garden Inc. dba Hunan Garden at 380 Cedar Street (ID 96498) (Laid over from January 19 for adoption.) Adopted Yeas - 7 Nays - 0 20. Resolution 94-80 - approving renewal of an Off Sale Liquor and Original Container License by M.R. Moore's, Inc. dba Steiner Liquors, 137 Maryland Avenue W. (ID 16292) (fo be laid over one week for adoption.) Laid over to February 2. 21. Preliminary Order 94-81 - in the matter of acquiring a permanent utility easement for construction of a sanitary and storm sewer in conjunction with the Eustis/Franklin Area CSSP Project (File 18720E1), and setting date of public hearing for March 9, 1994. Adopted Yeas - 7 Nays - 0 22. Preliminary Order 94-82 - in the matter of acquiring a permanent utility easement for street purposes at the intersection of vacated Curfew Street and vacated Myrtle Avenue in conjunction with the Eustis/Frankling CSSP Project (File 18720E2), and setting date of public hearing for March 9, 1994. Adopted Yeas - 7 Nays - 0 23. Preliminary Order 94-83 - in the matter of improving Osceola Avenue from Grotto Street to Pleasant Avenue as part of the Grand/St. Albans Area Street Paving and Lighting Project (File 18712-OS), and setting date of public hearing for March 9, 1994. Adopted Yeas - 7 Nays - 0 24. Preliminary Order 94-84 - in the matter of acquiring right-of-way on small portions of Lot 6, Block 6, Terrace Park Addition and Lot 9, West Crocus Hill "B" in conjunction with the Grand/ St. Albans CSSP Project (File 18711 E1), and setting date of public hearing for March 9, 1994. Adopted Yeas - 7 Nays - 0 25. (Discussed later in meeting) 26. (Discussed later in meeting) 27. (Discussed later in meeting) 4 28. Resolution 94-70 - approving a two year contract between the City of St. Paul and the Classified Confidential Employees Association. (Laid over from January 19) Adopted Yeas - 7 Nays - 0 29. (Discussed later in meeting) 30. (Discussed later in meeting with #38) 31. Resolution 94-86 - approving the appointment of outside counsel to provide legal services and advice to the City related to a workers' compensation claim. Adopted Yeas - 7 Nays - 0 32. Resolution 94-87 - amending the 1994 budget in the Department of Planning and Economic Development by releasing $19,500 of consultant funds from contingency line item for professional services for the Economic Development Division. Adopted Yeas - 7 Nays - 0 *************************************************************************************** 25. Resolution 94-85 - approving purchase of property located at 690 North Dale Street to accommodate the Dale Street Widening Project. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 26. Resolution 94-43 - approving cancellation of various uncollectible registered bills in the amount of $115,523.26. (Laid over from January 12) The City Attorney's Office requested a six week layover of this Resolution. Councilmembers concurred that a new policy should be implemented as soon as possible so that the issue of uncollectible bills does not continue to linger. Pamela Wheelock, Chief of Staff-Mayor's Office, stated that the instructions to city staff at this time is that the process that is currently in place as to issuing of permits and providing services to events will continue. Within six weeks the administration will come back with a policy on special events and community events as well as a proposal to resolve the registered bill issue. Councilmember Guerin moved a six week layover. Roll Call Yeas - 7 Nays - 0 27. Resolution 93-1977 - approving the removal of ornamental safety fencing at 1550 Mississippi River Boulevard and replacing new fence. (Laid over from January 19) Councilmember Harris requested an eight week layover. Roll Call Yeas - 7 Nays - 0 29. Resolution 94-71 - implementing provisions for retiree insurance for members of the Classified Confidential Employees Association who retire. (Laid over from January 19) Councilmember Rettman moved approval of a substitute resolution. Adopted Yeas - 7 Nays - 0 5 33. Resolution 94-88 - supporting the Rental Tax Equity Program and requesting that the 1994 Minnesota Legislature enable the City of Saint Paul to implement and operate the program for a period of five years. Councilmember Harris moved to lay over this resolution. He expressed concern about the possible tax implications of this program. The Association of Realtors has estimated $2.2 million of lost tax revenue. It is a significant tax shift, Harris said, and he suggested that staff prepare an analysis as to what participation in the program may be, what the tax estimates will be, and whether it is something that should be done on a city level. Councilmember Rettman noted that this is a voluntary, 5-year pilot program. The theory is if the property owners were granted the homestead, property values would either remain constant or increase. This would increase the likelihood of retaining responsible tenants, stabilizing neighborhoods and help toward the city's goal of 70°� home ownership. Councilmember Guerin agreed that there may be some tax shifts and said Greg Blees, Financial Analyst, could run the numbers in order to have some preliminary data. Guerin moved that language be added to the resolution saying that it would come back to the City Council for final approval or implementation. He noted, however, that the legislation is necessary to consider the program. Councilmember Harris withdrew his layover motion. Adopted as amended Yeas - 7 Nays - 0. ORDINANCES: 34. Final Adoption - 93-1816 - an ordinance amending Ordinance No. 17171 by creating an additional commercial development district on Gannon Road between Norfolk Avenue and Shepard Road. (Housing and Economic Development Committee recommended approval.) (Public hearing held January 13) Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 35. Final Adoption - 93-1930 - An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps regarding the request of Holiday Station Stores Inc. for property at 1437 & 1441 W. 7th Street from RM-2 to B-2 to allow expansion of a petroleum/convenience store facility. (Public hearing held January 19) Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 36. Final Adoption - 93-1940 - An ordinance amending Section 159.05 of the Legislative Code pertaining to Limited Parking Zones; exemption for holidays. (Public hearing held January 19.) Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 6 37. Final Adoption - 94-27- An ordinance amending Section 21.03 of the Administrative Code pertaining to the qualifications of Director of the Department of Public Works. (Public hearing held January 19.) Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 30. Resolution 93-1688 - establishing the rate of pay and benefits for the Unclassified Councilmember-Secretary positions. (Laid over from November 30, 1993) (This resolution was discussed in conjunction with Item #38.) Laid over six weeks. 38. Final Adoption - 93-1689 - an ordinance establishing seven positions entitled Councilmember- Secretary as specified by Chapter 12 of the Charter of the City of Saint Paul, Section 12.03.2(H). (Public hearing held November 18) (Laid over November 30) Councilmember Megard spoke in opposition. She's concerned about adding more appointed positions. If the ordinance is enacted, she feels it would show the citizens that the Council is circumventing the Charter amendment. She agreed that the job description is out of date and suggested that Council Research be directed to work with the Civil Service system to create a new job description for a different class'rf'ication. She feels declassification would cost the city more money because the practice has been to bring in an appointed person at the top rate. She spoke in favor of an entry level pay schedule within the Civil Service system to allow for promotion and career advancement. The Council should "follow the rules that we have set up and uphold the Civil Service system as a way of having good, clean, honest government in the City of St. Paul", Megard stated. Councilmember Blakey also spoke in opposition. He said the public was looking to streamline government which included the elimination of one legislative aide in each Council office. By making an unclassified secretary position, he feels it's another way of adding another legislative aide. He said he would like to see the part-time Council work with what is currently in place and if they find it is not working, he would be willing to review the issue at that time. Councilmember Grimm spoke in favor of the secretary pos�ion being unclassified stating that this issue has been discussed for many years. She noted that there has never been a large enough pool of qualified secretaries within the system from which to choose. She questioned whether the job of Councilmember Secretary is different or not different from other secretarial positions. She felt this change would be codifying what the position has actually been for many years. Councilmember Harris also spoke in favor of the change. His concerns are the professional aspects of the position, whether it's efficient or not, and how political the position is. He also expressed concern about the lack of choices under the current system. He further stated that he could offer a much lesser salary than what the current secretaries are receiving if it were an unclassified position. Councilmember Guerin spoke against the ordinance saying he is very satisfied with his secretary and that politics within the secretarial job has not been a problem in his office. Councilmember Rettman spoke in favor of having the secretary position be unclassified. She stated that during the process of preparing the Transition Report it was evident that the position of Councilmember had changed and they looked at what would make them the most effective and what would benefit the public the best with a part-time Council. She said she 7 needs a secretary who is familiar with her ward and can serve her constituents in the best way possible. A classified secretary can not meet her office needs under the current rules. Her suggestion was that a new position be created entitled "Councilmember Secretary". It could still be classified but would be on an open, competitive basis. Councilmember Grimm moved to lay over the resolution and ordinance for six weeks, and requested that the Human Resource Office work with the individual Council offices to research the position and, if found necessary, to prepare a new job description with qualifications for the Councilmember-Secretary position in the classified category. This is to be open and competitive. Roll Call Yeas - 7 Nays - 0 39. Second Reading - 94-74 - an ordinance amending Ordinance No. 17275 designating the Central Presbyterian Church as a heritage preservation site to reflect current and correct legal description for property. Laid over to February 2 for third reading. 40. Second Reading - 94-75 - an ordinance adopting rules governing the draining, filling and replacement of wetlands. Laid over to February 2 for third reading. PUBLIC HEARINGS: 41. Third Reading - 93-1828 - an ordinance amending Appendix H of the Saint Paul Legislative Code relating to cable television regulation by inserting language in compliance with the Cable Television Consumer Protection and Competition Act of 1992 and the resulting FCC regulations. Council President Thune stated that the process has a time limit and it will not be possible for the city to meet the time frame. An earlier part of the request will need to be prepared by the administration and re-submitted. Councilmember Harris moved to lay over for 8 weeks for the third reading. Roll Call Yeas - 7 Nays - 0 42. Third Reading - 93-1829 - an ordinance amending Chapter 430 of the Saint Paul Legislative Code relating to cable television regulation by inserting language in compliance with the Cable Television Consumer Protection and Competition Act of 1992 and the resulting FCC regulations. Councilmember Harris moved to lay over for 8 weeks for third reading. Roll Call Yeas - 7 Nays - 0 43. Third Reading - 94-45 - an ordinance amending Section 160.14 of the Saint Paul Legislative Code pertaining to Parking Meter Zones; Exemption for Holidays. No one appeared in opposition. Laid over to February 2 for final adoption. 8 44. Third Reading - 94-46 - an ordinance enacting Chapter 381 of the Legislative Code to provide procedures and standards for state currency exchange license applications. No one appeared in opposition. Laid over to February 2 for final adoption. 45. Resolution 94-89 - approving application for a new Gambling Manager's License by Linda Pederson dba Neighborhood House Association at Ted's Rec., 1084 W. Larpenteur Avenue (ID 42261). No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 46. Resolution 94-90 - approving application for transfer of a Gambling Manager's License by Lee J. Hoffman dba Multiple Sclerosis Society at Ted's Rec. 1084 W. Larpenteur Avenue to Keenan's 620 Club, 620 W. 7th Street (ID 38166). No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 47. Resolution 94-91 - approving application for a new State Class B Gambling Premise Permit by Willard M. Munger, Jr. on behalf of Multiple Sclerosis Society at Keenan's 620 Club W. 7th Street (ID B-00562). No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 48. Resolution 94-92 - approving application for a new State Class B Gambling Premise Permit by Eustolio Benevides on behalf of Neighborhood House Association at Ted's Rec., 1084 W. Larpenteur Avenue (ID B-02537). No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 49. Public Hearing ordering the owner to repair or remove the building at 19 Como Avenue within fifteen (15) days from the adoption of resolution. Reneta Weiss, Public Health Department, provided background information on this property. The department's recommendation was for 15 days to repair or remove the building. Keith Pederson, 882 Payne Avenue, (property owner) appeared and requested a 90 day layover to allow him time to work together with the city to get the process started. Kenrie Williams, District 7 Community Organizer appeared and said the block club would like to see the bond posted. After further discussion, Councilmember Blakey moved a one week layover. Roll Call Yeas - 7 Nays - 0 50. Public Hearing ordering the owner to repair or remove the building at 1300-02 Lafond Avenue within fifteen (15) days from the adoption of resolution. No one appeared in opposition. Motion of Intent Yeas - 7 Nays - 0 9 51. Public Hearing ordering the owner to repair or remove the building at 915 Charles Avenue within fifteen (15) days from the adoption of resolution. Councilmember Blakey moved to lay over to February 23 stating that District 7 will be holding a hearing. Roll Call Yeas - 7 Nays - 0 52. Public Hearing ordering the owner to repair or remove the building at 501 Sherburne Avenue within fifteen (15) days from the adoption of resolution. Councilmember Blakey moved to lay over to February 16. Roll Call Yeas - 7 Nays - 0 MISCELLANEOUS: 53. (This item was taken up at the beginning of the meeting) 54. (This item was taken up at the beginning of the meeting (Councilmember Guerin left the meeting at this time) 55. Correspondence from Luis A. Lopez, received January 18, 1994 requesting to appear before the City Council regarding parks and recreation issues. Mr. Lopez, West Side resident, appeared and discussed his concerns about Castillo Park and the lack of adequate restroom facilities. Councilmembers told Mr. �opez that a proposal for Castillo Park was submitted as part of the CIB process some time ago, however, it has not yet reached the point of being funded. Mr. Lopez was urged to bring his concerns before the City Parks Commission. Councilmember Rettman moved to adjourn the meet' UR E 5:35 P.M. � ATTEST: un ' resident, David Thune Minutes approved by Council �. Nancy Ane K�SOII January 26, 1994 Assistant Council Secretary /mce 10