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Minutes 12-28-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Tu�day, December 28, 1993 9:00 A.M. Room 330 City Hall and Court House (�emporary Council Chambers) Third Floor City Hall and Court House Molly O'Rourke, City Clerk The meeting was called to order by President Wiison at 9:10 A.M. Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wiison Absent - 0 City Council President Wilson irrtroduced honor guards for troop 243. Troop 243 presented the colors and lead the group in the pledge of allegiance and boy scout creed. Item #36 was taken out of order 36. Recognition of retiring City Employees. The following people were recognized: Allen J. Coulter, Robert J. Cihlar, Rose P. Zoukos, Laura J. Wingate, Thomas D. Clark, Roger O. Ruedy, Roger W. Carlson, Thomas P. Jackson, Daniel J. Dunford, John W. Davis, Gerald P. Ernster, Martin G. Paech, Suzanne A. Molenaar, Patricia A. Moynagh, Robert J. Vanyo, Leland J. Green. Councilmember Maccabee requested that Items #5 and #6 be laid over one week and item #24 be removed for discussion. Councilmember Long requested that item #6 be laid over to the next meeting. Councilmember Grimm requested that item #23 be removed for discussion. Councilmember Maccabee asked that Item #21 be removed for discussion. Councilmembers discussed the need for laying over committee appointments. After a brief discussion, Councilmembers agreed to lay over items 7-11 to the next meeting. Councilmember Maccabee moved approval of the Consent Agenda as amended. Adopted Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACT10N 1. Approval of minutes from the November 16, 18 and 23, 1993 City Council meetings. Adopted Yeas - 7 Nays - 0 2. Claims by Catherine A. Ahlberg, Donald Andrews, Harry Navarro, Carlos Antonio Scott, Stephen W. Shea, Nirah Shomer, Kari Stein, Audrey R. Weigel and Robert E. Zyskowski. Referred to the City Attorney's Office. 73� December 28, 1993 3. Administrative Order: D-12693 - 1993 Budget Revision in the Department of Planning & Economic Development. Noted as on file in the Cit�r Clerk's Office. 4. Petition of Lowry Development Company for vacation of public land as legally described as: Lots 1& 2, together with west 40' of Lots 9& 10, Block 66, Plat of West St. Paul. 5. Resolution - 93-1913 - approving appointments of Hokan Miller, Mary Jo Kitto, Margaret (Suzie) Kuhn and reappointments of Kurt Schwichtenberg, Linda Hirte, Kevin Howley and Robert Lunnint to the Saint Paul Planning Commission. (To be laid over one week for adoption) Laid over urrtil January 5th. 6. Resolution - 93-1914 - approving the appointment of Louis Greengard to fill a vacancy on the Civic Center Authority. (To be laid over one week for adoption) Laid over until December 30th. 7. Resolution - 93-1908 - approving the appointments of Carol Osip, Phil Ravitzky and Wayne Lundeen to the Parks and Recreation Committee. (Laid over from December 21 for adoption) Laid over until December 30th. 8. Resolution - 93-1875 - approving the appointmerrts of Michael Peterson and Dennis Grogan and the reappointments of Richard Miller, Frank Gurney and Clarence Seidel to the Capital Improvement Budget Committee. (Laid over from December 21 st for adoption) Laid over until December 30th. 9. Resolution - 93-1876 - approving the appointments of Sherry Lampman, Barbara Meyer, Roberta Sladky and Frank Feinberg to the Como Park Educational Resource Center Task Force. (Laid over from December 21 st for adoption) Laid over until December 30th. 10. Resolution - 93-1877 - approving the appointments of Steve Buetow, David Heide, Jayne Lallier, Peter Kessler and Brian Horrigan and the reappointments of Deborah Miller and Richard Murphy to the Heritage Preservation Commission. (Laid over from December 21 st for adoption) Laid over until December 30th. 11. Resolution - 93-1878 - approving the appointments of Elna Avey, John Filter and Jane Kramer to the Neighborhood Advisory Committee (NAC). (Laid over from December 21 st for adoption) Laid over until December 30th. 12. Resolution - 93-1879 - approving an application for an On Sale Liquor-A, Sunday On Sale Uquor, Entertainment-III and Restaurant (E) License by Flanagan's On 7th Inc. at 1026 W. 7th Street. (Laid over from December 21 st for adoption) Adopted Yeas - 7 Nays - 0 13. Resolution - 93-1880 - approving applications for the renewal of various Class III Licenses by: Lowertown Parking Lot, Como Area Youth Hockey/North End Depot, Como Area �� December 28, 1993 (continued from previous page) Hockey/Minnehaha Lanes, St. Paui Firefighters Local 21 /Spanky's, Lowertown Municipal Ramp. (Laid over from December 21 st for adoption) Adopted Yeas - 7 Nays - 0 14 Resolution - 93 - approving applications for renewal of various On Sale Liquor Licenses by: Comedy Gallery St. Paul, Benjamin's Restaurant & Lounge and Arnellia's. (Laid over from December 21 st for adoption) Adopted Yeas - 7 Nays - 0 15. Resolution - 93-1882 - approving applications for renewal of various Class III Licenses by: Fortune Auto Sales, Church of St. Mary, Rohl Transmission, AI & Eric's Gun Shop, Commodore Squash Club, Firestone Store, B& A Body Shop, Harding Area Hockey Assn/Minnehaha Tavern, Total, Travel Inn, Jeff's Auto Service, Harding Area Hockey Assn/Michael's and Action Auto Parts of St. Paul, Inc. (Laid over from December 21 st for adoption) Adopted Yeas - 7 Nays - 0 16. Resolution - 93-1915 - approving applications for renewal of various Class III Gambling Premise Permits by St. Paul Firefighters Local 21 at Spanky's, 825 Jefferson Avenue. (To be laid over one week for adoption) Laid over until January 5th. 17. Resolution - 93-1916 - approving applications for renewal of various Class III Gambling Premise Permits by: Como Area Hockey at Minnehaha Lanes, 955 Seminary Avenue, Give Inc. at Midway Bingo Palace, 449 Lexington Avenue and Como Area Hockey at North End Depot, 1638 Rice Street. (To be laid over one week for adoption) Laid over until January 5th. . 18. Resolution - 93-1917 - approving outside counsel for Office Clifford Kelly for alleged acts occurring during the scope and course of duties. Adopted Yeas - 7 Nays - 0 19. Resolution - 93-1918 - approving disbursement of Youth Program Funds (Charitable Gambling Funds). Adopted Yeas - 7 Nays - 0 20. Resolution - 93-1919 - approving the action of the Properiy Code Enforcement Board of Appeals meeting of November 17, 1993 for: 219 E. Annapolis, Anthony Wanschura Appellant; 995 Wakefield Ave., Shawn Webb Appellant, 844 aka 842 White Bear Ave., Leo Guertin Appellant; 475-81 Laurel Ave., Mary Morris Appellant; 313 N. Dale St., Thomas Kirschling Appellant; 315 Ravoux St., Robert Jackson Appellant; 255 Ravoux St., Robert Jackson Appellant. Adopted Yeas - 7 Nays - 0 21. (Discussed later in meeting) ��� r December 28, 1993 22. Resolution - 93-1921 - establishing day and time for regular meetings of the Saint Paul City Council effective January 1, 1994. Adopted Yeas - 7 Nays - 0 23. (Discussed later in meeting) 24. (Discussed later in meeting) 25. Resolution - 93-1924 - authorizing the withholding of certain tax forfeited parcels of property from public sale for the Parks Division, Public Works Department and the Department of Planning & Economic Development. Adopted Yeas - 7 Nays - 0 26. Resolution - 93-1925 - finalizing Council action on a request by Carl Thompson for a Preliminary and Final Plat review for the north side of Burlington Road west of Wiggins Road. (Public Hearing held December 16, 1993) Adopted Yeas - 7 Nays - 0 COMMITTEE REFERRAL: 27. Resolution - 93-1926 - approving funding of lead water service connection replacement costs and assessment of such costs. (Public Works) Referred to the Public Works Committee. 21. Resolution - 93-1920 - requesting amendments to State Statute regarding notices of proposed property taxes and requesting that State representatives and State senators participate in the truth-in-taxation hearings. Council President Wilson explained the benefit of this proposal to the taxpayers. Councilmembers Long and Thune questioned the need to identify individuals in the resolve. Councilmembers agreed to amend the resolution to identify the St. Paul Legislative Delegation. Councilmember Maccabee moved approval as amended. Adopted Yeas - 7 Nays - 0 23. Resolution - 93-1922 - establishing Council committee functions. Councilmember Grimm reviewed the previous discussions regarding changing committee names. After a brief discussion, Councilmember Grimm moved approval as amended. Adopted Yeas - 7 Nays - 0 24. Resolution - 93-1923 - defining options for applying the City benefit contribution and establishing the method for determining the City contributions for benefits in future years. A lengthy discussion ensued between councilmembers regarding the level and need to the proposed increase in fringe benefits. Councilmember Maccabee suggested deleting the benefits paragraph. Gerry Strathman, Council Research, explained the benefits proposed. Councilmember Guerin 1�1._ December 28, 1993 (Discussion continued from previous page.) spoke in opposition to the amendment citing fairness to other bargaining units. Councilmember Long spoke in support of the amendment . After a brief discussion, Councilmember Maccabee moved approval as amended. Roll Call Yeas - 2 Nays - 5(Grimm, Guerin, Rettman, Thune, Wilson) Councilmember Guerin moved approval. Adopted Yeas - 5 Nays - 2(Long, Maccabee) Councilmember Guerin left at this point in the meeting and returned later. 37. Presentation of design for Public Safety Manual. Pat Finnigan, St. Paul Police Department, and Mary Vogel, University of Minnesota, and Mary Lanz, Aide to Councilmember Maccabee, testified in support of the project and thanked Councilmember Maccabee, PED staff, and the community for safety in the City. Councilmembers thanked people for their involvement. Councilmember Maccabee moved suspension and approval of the following resolution. Resolution - 93-1973 - approving a resolution accepting Design for Public Safety Guide:A Guide for Making a Safer Public Realm. Adopted Yeas - 6 Nays - 0 ADDITIONAL ITEM: Councilmembers Maccabee, Grimm left and returned during the discussion of the following item. 1. Resolution - 93-1942 - approving a resolution accepting the report and recommendations from the Neighborhood Development Capacity Building Task force and requesting Council Research to develop an implementation plan. (Laid over from December 23rd) Presiderrt Wilson summarized the need for the task force. Paul Fate, Co-chair of Neighborhood Development Capacity Building Task Force, reviewed the report and thanked everyone that was involved. Mr. Fate presented a plaque to President Wilson for his leadership in improving St. Paul neighborhoods. Alma Josephs & Johnny Howard also appeared in support of the resolution. Councilmember Rettman expressed concern about adopting the report due to the emphasis on community development capacities (CDC's) as the primary source of neighborhood development. Council President Wilson spoke in favor of the resolution and the role of CDC's. Councilmember Maccabee proposed an amendment to accept the report, thank those involved, but delay acceptance of recommendations following review by Council Research. Councilmember Grimm agreed to discuss the recommendations in the report in Housing & Economic Development Committee. Councilmember Guerin left at this point & returned later. After further discussion, Councilmember Maccabee moved approval as amended. Adopted as amended Yeas - 7 Nays - 0 y�s December 28, 1993 ORDINANCES Councilmember Thune left at this point in the meeting & returned later. 28. Final Adoption - 93-777 - An ordinance amending Chapter 62 of the Legislative Code pertaining to Zoning; Alley access from off street parking facilities. (Public Hearing held December 21 st) Councilmember Maccabee moved approval. Adopted Yeas - 6 Nays - 0 29. Final Adoption - 93-1815 - An ordinance amending Chapters 60 and 62 of the Legislative Code pertaining to Zoning. (Public Hearing held December 21 st) Councilmember Maccabee moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Maccabee left at this point in the meeting and returned later. PUBLIC HEARINGS: 30. Resolution Ratifying Assessment - 93-1927- In the Matter of Summary Abatement for Summer and Fall of 1993 at 654 Edmund Avenue. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 5 Nays - 0 31. Resolution - 93-1928 - approving an application for a new State Class B Gambling Premise Perm� by Catholic Charities at Cromwell Bar, 2511 W. University Avenue. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 32. Resolution - 93-1929 - approving an application for a new Gambling Manager's License by Rosemary Schwartzwald dba Catholic Charities at Cromwell Bar, 2511 W. University Avenue. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 33. Public Hearing to consider the appeal of R. Lee Runyon to a Summary Abatement Order for property at 1302 Earl Street. (Neighborhood Services Committee recommends striking) No one appeared in opposition. Councilmember Guerin moved to strike. Stricken Yeas - 5 Nays - 0 Councilmembers Thune, Maccabee returned at this point in the meeting and Councilmember Grimm left and returned later. 'y4� December 28, 1993 34. Report of an Administrative Law Judge including Findings of Fact, Conclusions and Recommendation in the matter of the adverse hearing involving licenses held by Lewis Stevens dba Civic Center Auto Service for the premises located at 459 Toronto Street. (Laid over from December 21 st) No one appeared in opposition. After a brief discussion on the previous testimony and Council discussion, Councilmember Thune moved suspension and approval of the following resolution. Resolution -19-1931 - establishing a$200 fine for Civic Center Auto Service and stay the imposition for one year. Adopted Yeas - 6 Nays - 0 35. First 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. Catherine Dadlez, PED, gave a brief staff report and recommendation. No one appeared in opposition. After a brief discussion regarding the process for public hearings and ordinances, Councilmember Rettman moved to close public hearing. (Laid over to January 5th for second reading.) Roll Call Yeas - 6 Nays - 0 MISCELLANEOUS: Councilmember Grimm returned at this point in the meeting. 38. Resolution - 93-1911 - accepting the Martin Luther King Jr. bust for placement on the third floor of City Hall. (Laid over from December 21 st) Council President Wilson reviewed efforts to fund and commission the commerative bust. After a brief discussion, Councilmembers Maccabee and Thune moved approval. Adopted Yeas - 7 Nays - 0 39. Resolution - 93-1909 - requesting the Mayor Elect and City Council establish a Business Regulation Review Council. (Laid over from December 21 st) Councilmember Maccabee thanked everyone that was involved and moved approval. Adopted Yeas - 7 Nays - 0 40. Resolution - 93-1905 - allowing Saint Paul Fire Relief Consolidated PERA firefighters hired before July 1, 1980 to have the same pension bene�its granted firefighters hired since June 30, 1980. (Laid over from December 23rd) Councilmember Guerin moved to lay over this item until December 30th. Roll Call Yeas - 7 Nays - 0 ^�4r December 28, 1993 ADDITIONAL ITEM: (Councilmember Thune left) 2. Resolution - 93-1903 - considering the consolidation of the Saint Paul Police Departmerrt Relief Association (SPPDRA) with the Public Employees Police & Fire Fund (PERA-P&�. (Laid over from December 23rd) Pam Wheelock, Budget Director, reviewed the process for reviewing consolidation. Greg Blees, Council Research Finance Director, reviewed the recommendation for consolidation. Mike Schwab, President of the Police Dept. Relief Association, spoke in support of consolidation and reviewed the history of this issue. Tom Custis & Mary Vanek-PERA, explained the actuarial figures and short term cost savings. (Councilmember Thune returned) After a brief discussion and questioning of the speakers, councilmembers agreed to lay over the resolution to the next meeting. Councilmember Long moved to lay over to December 30th for discussion and final adoption. Roll Call Yeas - 7 Nays - 0 Councilmember Grimm moved to recall from Housing & Economic Development Committee of the following resolution. Recalled Yeas - 7 Nays - 0 Councilmember Long left and returned during the discussion of this �em. Resolution - 93-1827 - approving expenditure' of Urban Revitalization Action Program (URAP) Funds. (Recalled from Housing & Economic Development Committee, committee recommends approval as amended) Councilmember Guerin proposed that funds allocated to contingency be reallocated to support redevelopment in the area of the 3rd & Maria gas explosion. Ken Peterson, Director of PED, spoke in support of the changes. After a brief discussion among councilmembers regarding the cost of rehabilitation, the relationship to any explosion lawsuits and the potential uses of contingency funds, Councilmember Guerin moved approval as amended by committee and by Council. Adopted as amended Yeas - 7 Nays - 0 Councilmember Thune moved to recall from Public Works Committee of the following resolution. Recalled Yeas - 7 Nays - 0 Resolution - 93-1974 - authorizing City Officials to execute the Joint Powers Agreement with Ramsey County regarding roadway jurisdictional changes and reimbursement for maintenance costs. (Originated in Public Works Committee, committee recommends approval as amended) Councilmember Thune moved approval as amended. Adopted Yeas - 7 Nays - 0 �� �O December 28, 1993 Councilmember Long moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 . AD AT 11:57 A. M. ATTEST: ncil resider�t h�TPf'GGlf�on o . � �a�c..Qi� �Q,GcJQ�� Minutes approved by Council Assistant City Clerk, France Swanson 74�