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Minutes 01-19-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL JAN UARY 19, 1994 3:30 P.M. Room 330 City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order by President Thune at 3:35 P.M. Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune Absent - 0 - Item #1 was requested to be removed for discussion. Item #2 Administrative Order D-12727-the amount $71,680 was in error and was corrected to $10,880. Councilmember Harris requested that items #28 &#29 be removed for discussion. Councilmember Rettman requested that items #31 &#32 be removed for discussion. Items #33 &#34 were requested to be removed for discussion. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION 1. (Discussed later in meeting) 2. Administrative Orders: D-12721 - 1993 budget revision in the City Clerk's Office/General Fund. D-12722 - 1993 budget revision in the Police Department/General Fund to purchase a computer for the Police Crime Lab. D-12723 - Addition of $55,547 to the contract for the Robert Street Municipal Parking Structure and Skyway Bridge. D-12724 - Releasing $5,555 raised through private donations to pay expenses incurred for the Mayor's Holiday party for Children. D-12725 - Expending $5,000 from the Joint Promotions Fund to help pay for additional expenses incurred in moving the Hmong Festival from Como Park to a larger facility. D-12726 - Addition of $3,916 to the contract for Hamline Park Renovation. ................... D-12727 - Addition of $��8A �:�:�;� to the contract for 1993 Storm Sewer Separation .:..:................. at various Parks and Recreation Centers. D-12728 - Addition of $6,553 to the contract for construction of the East Side Community Center. D-94-001 - Addition of $1,670 to the contract for accessibility modifications at Arlington, Dayton's Bluff, East View, and Hazel Park Recreation Centers. January 19, 1994 D-94-002 - Addition of $2,327 to the contract for Street Lighting System on Swede Hollow. Corrected (D12727) and noted as on file in the City Clerk's Office. 3. Executive Order: E-46 - Reappointment of Nick Mancini to the Metropolitan Airports Commission, term to expire December 31, 1997. 4. Claims of Mike Breckman (DBA St. Paul Yellow Taxi), James Cook, Harvey Lee Eason, Erma L. Mazingo, Michael McGinn, and Shannon Sewilo. Referred to the City Attorney's Office. 5. Resolution 94-31 - approving renewal of various Class III gambling premise permits by: Epilepsy Foundation of Minnesota at Turf Club, 1601 University Avenue W,; Epilepsy Foundation of Minnesota at Narducci's, 1045 Hudson Road; and Epilepsy Foundation of Minnesota at Badger Lounge, 738 University Avenue W. (Laid over from January 12 for adoption.) Adopted Yeas - 7 Nays - 0 6. Resolution 94-32 - approving renewal of Class III gambling premise permit (ID 02078)by St. Mary's Romanian Orthodox Church Aux. at Midway Bingo Palace, 449 Lexington Ave. (Laid over from January 12 for adoption.) Adopted Yeas - 7 Nays - 0 7. Resolution - 94-33 - approving application for renewal of various Class III Licenses by: Mel's Direct Service, 2165 University Av. W(Gas Station) (ID 14895); Snelling Motors, 591 Snelling Avenue N(Second Hand Dealer-Motor Vehicle) (ID 15607); Broshears Auto Sales, 588 7th St. E, (Second Hand Dealer-Motor Vehicle) (ID 16182); Epilepsy Foundation of MN/Badger Lounge, 738 University Av. W(Gambling Manager) (ID 20581); Galtier Cinema, 175 5th St. E#310 (Mini Motion Picture Theater/Theater Class A) (ID 24343); ACME Auto Parts Co., 310 Sycamore Street (Motor Vehicle Salvage Dealer) (ID 25744); Epilepsy Foundation of MN/Narducci's, 1045 Hudson Road (Gambling Manager) (ID 37604); Epilepsy Foundation of MN/Turf Club, 1601 University Av. W(Gambling Manager) (ID 59361); Sarun, 601 Rice Street (General Repair Garage) (ID 77935) (Laid over from January 12 for adoption.) Adopted Yeas - 7 Nays - 0 8. Resolution 94-34 - approving renewal of Off Sale Liquor License (ID 27822) currently held by MGM Spirits Express Inc., DBA MGM Liquor Warehouse, 1102 W. Larpenteur Av. (Laid over from January 12 for adoption.) Adopted Yeas - 7 Nays - 0 9. Resolution 94-50 - approving renewal of various Class III 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 January 19, 1994 Radiator Inc., 270 8th Street E. (General Repair Garage) (ID 90733). (To be laid over one week for adoption.) Laid over until January 26th. 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) (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) (To be laid over one week for adoption.) Laid over until January 26th. 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) (To be laid over one week.) Laid over until January 26th. 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) (To be laid over one week for adoption.) Laid over until January 26th. 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) (To be laid over one week for adoption.) Laid over until January 26th. January 19, 1994 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). (To be laid over one week for adoption.) Laid over until January 26th. 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) (To be laid over one week for adoption.) Laid over until January 26th. 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. (To be laid over one week for adoption) Laid over until January 26th. 17. Resolution 94-58 - approving renewal of On Sale Wine and Supporting Licenses by: South China Island Inn, 1422 Rice Street (ID 11911); Willow Gate Chinese Restaurant, 767 Cleveland Avenue S. (ID 16070); and Cossetta's, 211 7th Street W. (ID 16386) (To be laid over one week for adoption.) Laid over until January 26th. 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). (To be laid over one week for adoption.) Laid over until January 26th. 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) (To be laid over one week for adoption.) Laid over until January 26th. 20. Resolution 94-61 - amending the 1993 Budget in Planning and Economic Development by adding $30,000 to the financing and spending plans of the City's Governmental Employment and Training Program - Dislocated Workers - HEAF. Adopted Yeas - 7 Nays - 0 21. Resolution 94-62 - amending the 1994 Budget in Planning and Economic Development by adding $1,890,617 to the financing and spending plans of the City's Governmental Employment Training Program - Federal Job Training Partnership Act (JTPA) Adopted Yeas - 7 Nays - 0 22. Resolution 94-63 - authorizing disbursement of Youth Program Funds from charitable gambling to Battle Creek Booster Club, Edgcumbe Hockey Booster Club, Griggs Booster Club, North Dale Booster Club, Sports for Life, and Valley Booster Club as recommended by the Youth Programs Fund Board. Adopted Yeas - 7 Nays - 0 January 19, 1994 23. Resolution 94-64 - approving a five-year extension (to 8/31 /98) of Lease Agreement PW/3 allowing use by Group Hea�h Plan, Inc. of approximately 19,000 square feet of vacant land above a sewer pumping station as a clinic parking lot at its Como Avenue clinic. Adopted Yeas - 7 Nays - 0 24. Resolution 94-65 - extending the terms for retention of Service Availability Credit (SAC) units on the former Amhoist site for an additional five calendar years to December 1998. Adopted Yeas - 7 Nays - 0 25. Resolution 94-66 - accepting gift of Equipment Management Information System software from the Hartford Steam Boiler Company's Reliability Technologies Group won by the Public Works Department. Adopted Yeas - 7 Nays - 0 26. Resolution 94-67 - authorizing the execution of a Quit Claim Deed to release a slope easement in Lot 13, Block 10, Como Park Addition as recorded October 16, 1944 in document No. 215973. Adopted Yeas - 7 Nays - 0 27. Resolution 94-68 - authorizing the Department of Finance and Management Services to initiate all necessary action leading to the issuance of City Bonds on March 22, 1994 with Council awarding bids on 03/23/94. Adopted Yeas - 7 Nays - 0 28. (Discussed later in meeting) 29. (Discussed later in meeting) 30. Resolution 94-69 - approving the transfer of funds from the City Clerk's office to the Office of Human Resources for a Clerk IV position. Adopted Yeas - 7 Nays - 0 31. (Discussed later in meeting) 32. (Discussed later in meeting) 33. (Discussed later in meeting) 34. (Discussed later in meeting) 28. Resolution 93-1977 - approving the removal of ornamental safety fencing at 1550 Mississippi River Boulevard and replacing new fence. (Laid over December 30, 1993 and January 12, 1993 for adoption.) Councilmember Harris moved a one week lay over. Roll Call Yeas - 7 Nays - 0 Laid over until January 26th. 29. Resolution 93-1554 - approving the City of St. Paul Elections Division to enter into a contract with Ramsey County for election services. (Recalled from Committee January 12 and laid over one week.) Councilmember Guerin introduced a substitute resolution which investigates the feasibility of January 19, 1994 (Discussion corrtinued from previous page) merging City/Courrty election services. Molly O'Rourke, Director of Information & Complaint, spoke regarding the need for Council's approval to start the negotiating process with the County and explained the changes of staff in the City Clerk's Office. A brief discussion ensued between councilmembers and Molly O'Rourke regarding the cost savings and citywide election services if the City merges with the County. It was agreed Ms. O'Rourke will report back to the Council within 60 days with the Administration's analysis. Councilmember Guerin proposed a resolve to the resolution to clarify that the City Clerk's Office report back no later than 60 days. After further discussion, Councilmember Guerin moved approval of the substitute as amended and an 8 week lay over. Substitute adopted as amended and laid over for 8 weeks Yeas - 7 Nays - 0 1. Approval of minutes of the December 23, 28, 30, 1993, and January 5, 1994 City Council meetings. Councilmember Rettman moved a one week lay over. Roll Call Yeas - 7 Nays - 0 Laid over until January 26th. 31. Resolution 94-70 - approving a two year contract between the Cit�r of St. Paul and the Classified Confidential Employees Association. Councilmember Rettman moved a one week lay over. Roll Call Yeas - 7 Nays - 0 Laid over urrtil January 26th. 32. Resolution 94-71 - implementing provisions for retiree insurance for members of the Classi�ied Confidential Employees Association who retire. Councilmember Rettman moved a one week lay over. Roll Call Yeas - 7 Nays - 0 Laid over urrtil January 26th. 33. Resolution 94-72 - approving the appointment of Beverly Wise to fill a vacancy on the Skyway Governance Committee. Councilmember Rettman moved withdrawal as the resolution was adopted on December 30, 1993. Roll Call Yeas - 7 Nays - 0 Withdrawn 34. Resolution 94-73 - approving the reappointment of Robert Lowe to the District Energy Board of Directors. Councilmember Rettman moved withdrawal as the resolution was adopted on December 30, 1993. Roll Call Yeas - 7 Nays - 0 Withdrawn January 19, 1994 ORDINANCES 35. Second Reading - 94-45 - an ordinance amending Section 160.14 of the Saint Paul Legislative Code pertaining to Parking Meter Zones; Exemption for Holidays. (For Action) Laid over until January 26th for Third Reading/Public Hearing. 36. First 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. (For Action) Laid over until January 26th for Second Reading. 37. First Reading - 94-75 - an ordinance adopting rules governing the draining, filling and replacement of wetlands. (For Action) Laid over until January 26th for Second Reading. COMMITTEE REPORTS: 38. Second Reading - 94-46 - an ordinance enacting Chapter 381 of the Legislative Code to provide procedures and standards for state currency exchange license applications. (Originated in Human Services, Health and Business Regulation Committee) (To be laid over to January 26 for third reading.) Tim Marx, City Attorney, noted a typographical error on page 3 paragraph 7 of the ordinance; the word "not" should be inserted after "is". Councilmember Megard moved approval as amended and to lay over one week for Third Reading. Amendment approved and laid over until January 26th. Yeas - 7 Nays - 0 PUBLIC HEARINGS: 39. Third Reading 93-1940 - An ordinance amending Section 159.05 of the Legislative Code pertaining to Limited Parking Zones; exemption for holidays. (For Action) No one appeared in opposition. Laid over until January 26th for Final Adoption. 40. Third Reading 94-27 - An ordinance amending Section 21.03 of the Administrative Code pertaining to the qualifications of Director of the Department of Public Works. (For Action) Dick Kavaney, 2142 Iglehart Avenue, spoke in opposition to the appointment of a non professional engineer as the Director of the Public Works Department saying it would be a dis-service to the City and could lessen the safeguard of the life, health, and properry of the citizens. Councilmember Rettman reviewed the established budget priorities explaining the responsibilities of the Public Works Director. She also explained that the director may designate an engineer to sign off on projects. January 19, 1994 (Discussion continued from previous page) A lengthy discussion ensued between councilmembers regarding the qualifications of the director and how other positions will be affected by the new appointee. Ms. Wheelock, Chief of Staff, explained the bumping process and stated that regardless of who is appointed, Mr. Eggum, the former director, will bump back to a classified position. Laid over until January 26th for Final Adoption. 41. Third Reading 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. (For Action) No one appeared in opposition. Laid over until January 26th for Final Adoption. 42. Resolution 94-76 - approving application (ID 10408) for a Parking Lot/Parking Ramp license by Minnesota Mutual Life Insurance Co., DBA Minnesota Mutual Parking Ramp, (John Lund, Director) at 400 North Robert Street. No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 43. Resolution 94-77 - application (ID 32727) for an On Sale Liquor-A, Sunday On Sale Liquor, Restaurant D and Cigarette License by BUCA (Gannon Road), Inc. DBA BUCA (Philip A. Roberts, President) at 2728 Gannon Road. Tom Lehmann, O'Neill, Burke, O'Neill Leonard & O'Brien explained that this resolution is in conjunction with the commercial development district ordinance that is being established, and the owner is concerned that there might be a delay in construction. Tim Marx, City Attorney, explained the option of approving this resolution subject to final adoption so the license would not be issued until the ordinance is fully adopted after publication. Councilmember Harris moved the amendment to approve but subject to final adoption as explained by Mr. Marx. Roll Call on amendment Yeas - 7 Nays - 0 Adopted as amended Yeas - 7 Nays - 0 44. Public hearing on a request by Chicago Northwestern Transit System for registered land survey at Pigs Eye Lake Road. (File #93-264) No one appeared in opposition. Councilmember Rettman moved to close public hearing. Roll Call Yeas - 7 Nays - 0 Councilmember Rettman moved suspension. Roll Call Yeas - 7 Nays - 0 Councilmember Guerin moved approval of the following resolution. Resolution 94-78 - approving the Chicago Northwestern Transit System Registed Land Survey (Ramsey County File 93-02). Adopted Yeas - 7 Nays - 0 January 19, 1994 MISCELLANEOUS 45. Recognition of retiring City employees. None in attendance. BROUGHT IN UNDER SUSPENSION: Resolution 94-79 - approving application (I.D. 35419) for a General Repair Garage License by D.J.'s Auto Repair Inc. (Judith A. Massey-Secretary/Treasurer) at 943 E. Maryland Ave. Councilmember Grimm moved suspension of the rules. Roll Call Yeas - 7 Nays - 0 Councilmember Grimm explained the resolution and stated there is no community opposition. A brief discussion ensued between councilmembers regarding the process for bringing in general repair garage licenses under suspension. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 RECALLED FROM PUBLIC WORKS COMMITTEE: Second Reading 93-1828 - an ordinance amending Appendix H of the Legislative Code relating to Cable Television regulation by inserting language in compliance with the Cable Television Consumer Protection and Competition Act of 1992 and current Federal Communications Commission(FCC) rate regulation rules. Second Reading 93-1829 - an ordinance amending Appendix H of the Legislative Code relating to Cable Television regulation by inserting language in compliance with the Cable Television Consumer Protection and Competition Act of 1992 and current Federal Communications Commission(FCC) rate regulation rules. Gerry Strathman, Council Research Director, explained the resolution and reviewed the history of this issue. These City ordinances conformed with the requirements of the FCC rates. In order to make the 120 day requirement of Federal regulations, these need to be adopted by early February. Councilmember Rettman moved to recall from Public Works Committee Ordinances 93-1828 & 93-1829. Roll Call Yeas - 7 Nays - 0 Councilmember Rettman requested that background information be provided to councilmembers prior to the next meeting. Councilmember Guerin requested that Continental Cablevision and other interested parties be invited to attend the public hearing. Laid over until January 26th for Third Reading/Public Hearing. Roll Call Yeas - 7 Nays - 0 January 19, 1994 Councilmember Grimm moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 OU ED 4:35 P.M. ATTEST: Co ncil ' ent, David Thune ' a February 16, 1994 Nancy ArS rson Minutes approved by Council Assistant Council Secretary