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Minutes 12-23-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, December 23, 1993 5:00 P.M. Room 330 City Hall and Court House Saint Paul, Minnesota The meeting was calied to order by President Wilson at 5:05 p.m. Present - 7- Councilmembers ����', Guerin, Long, Maccabee, Rettman, Wilson, Thune . ...... :.. Absent - 0 Councilmember Maccabee requested that items #11 and #13 be laid over to the next meeting on December 28. Councilmembers discussed the need for layover and the need to notify all affected parties. Shirley Davis, Treasury Division, reviewed the handout. Pam Wheelock responded to Councilmembers and said the Mayor's recommendation would be forthcoming. Councilmember Long moved approval as amended. Adopted Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION 1. Claims by Jeff S. Nowicki and David G. Wyrick. Referred to the City Attorney's Office. ` 2. Summons & Complaint in the Matter of Billie Jean Wright vs the City of Saint Paul et al. Referred to the City Attorney's Office. 3. Summons In The Matter of Diana Collins, Georgia Greeley, Susan Bennett, Scott Case, Thomas Cunnien, Candace Gritzmacher, Julie Lindberg, Paul Lowery, Patrick Meath, Thomas Murakami, Karen Nelson, Denise O'Leary, Helen Radcliff, Stephen Schwietz, Jr. Patrick Twiss and International Association of Firefighters AFL-CIO Local 21 vs the City of Saint Paul. Referred to the City Attorney's Office. 4. Notice of Motion and Motion for An Order Transferring Title and Possession In the Matter of County of Anoka vs Edward J. Scholzen et al. In The Matter of the condemnation of certain lands for highway purposes. �_-� Referred to the City Attorney's Office. � 5. Administrative Orders D-12688 - Approving payment of $125 in conjunction with a police training seminar. D-12689 - Establishing a Sexual Harassment Task Force. D-12690 - 1993 Budget revision in the Department of Public Works/Engineering Fund. 73z. December 23, 1993 D-12691 - 1993 Budget revision in the Department of Public Works/Lighting Assessment Districts Fund. D-12692 - 1993 Budget revision in the Labor Relations/Finance & Management Services Fund. Noted as on file in the City Clerk's Office. 6. Letter from District Cooling St. Paul Inc. attached to a copy of the audited financial statement of District Colling St. Paul for the Fiscal year ended September 30, 1993. For notification purposes only. 7. Letter from District Energy St. Paul Inc. attached to a copy of the audited financial statement of District Energy St. Paul for the Fiscal year ended September 30, 1993. For notification purposes only. 8. Letter from the Division of Public Health declaring the following property to be a"Nuisance Building": 661 York Avenue. (For notification purposes only - Public Hearing will be scheduled at a later date, if necessary) 9. Resolution - 93-1856 - approving applications for the renewal of various Class III gambling premise permits by: West Side Booster Club at Westsider Bar; West Side Booster Club at Winners; West Side Booster Club at Joseph's Bar; Catholic Athletic Association at Minnehaha Lanes. (laid over from December 16th for adoption) _ Adopted Yeas - 7 Nays - 0 10. Resolution - 93-1857 - approving applications for the renewal of various Class III gambling premise permits by: Catholic Charities/St. Joseph's Home at Pat's Pub and at Reaney's Bar. (laid over from December 16th for adoption) Adopted Yeas - 7 Nays - 0 11. Resolution - 93-1903 - considering the consolidation of the Saint Paul Police Department Relief Association (SPPDRA) with the Public Employees Police and Fire Fund (PERA-P&F). �a�cl;::��r�r::>�i�<::�3e��r�i�r::�2� . 12. Resolution - 93-1904 - recognizing diversity in respecting holidays in City Council meeting schedule. Adopted Yeas - 7 Nays - 0 13. Resolution - 93-1905 - allowing Saint Paul Fire Relief Consolidated PERA firefighters hired before Juty 1, 1980 to have the same pension benefits granted firefighters hired since June�30, 1980. (1"o be laid over until December 28 and December 30, 1993) �� Laid over to December 28. ,.�n-, � ^ `,, December 23, 1993 MISCELLANEOUS 24. Resolution 93-1776 - ordering the owner to repair or remove the building at 310 Sherburne Avenue. (Public Hearing laid over from November 23 and December 21) Kenrie Williams, District ��` Community Organizer, said the owner's family members have agreed to assist in the restoration of the home. The owner plans to return to St. Paul and live in the home. (Councilmember Long left the meeting at this point and returned later in the meeting.) After a brief discussion amongst Councilmembers regarding the need to take action on the property and eliminate blight from the community, an amendment was made to require demolition or rehabilitation of the home within 30 days of approval of the resolution and that a$2,000 performance bond be posted, code compliance inspection completed, permits pulled, and insurance obtained to avoid demolition Councilmember Guerin moved approval as amended. Adopted Yeas - 6 Nays - 0 COMMITTEE REPORT: 14. Resolution - 93-1794 - authorizing a funding and participation agreement for a Downtown Shuttle System. (Public Works Committee recommends approval) Councilmember Rettman requested an amendment to state a six month report, rather than an annual report, be submitted to the City Council on ridership. Councilmember Thune accepted the amendment as friendly. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 � PUBLIC HEARINGS: 15. Third Reading - 93-1872 - An ordinance amending section 402.005 of the Legislative Code to reduce the rate of the gambling tax from 3°/a to 2% and to sunset that reduction on December 31, 1994. (For Action} No one appeared in opposition Councilmember Maccabee reviewed the committee action noting the change will �:avoid accelerating fund balances. She said it will automatically go back up at the end of 1994 unless action is taken by the Council. Laid over for 4th reading on December 30, 1993. 16. Resolution - 93-1625 - approving an application for a new State Class B Gambling Premise Permit by East Twins Babe Ruth League at Hafner's, 1560 White Bear Avenue. (Laid over indefinitely on October 28, 1993) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 '�3�{ December 23, 1993 17. Resolution - 93-1626 - approving an application for a new Class A Gambling Location License by Thompson Restaurant Inc. dba Hafner's at 1560 White Bear Avenue. (Laid over indefinitely on October 28, 1993) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 18. Resolution - 93-1627 - approving an application for a new Gambling Manager's License by Margaret St. Sauver dba East Twins Babe Ruth League at Hafner's, 1560 White Bear Avenue. (Laid over indefinitely on October 28, 1993) No one appeared in opposition. Councilmember Grimm moved approval of substitute resolution. Adopted Yeas - 6 Nays - 0 19. Resolution - 93-1627 - approving an application for a new State Class B Gambling Premise Permit by Johnson Area Youth Hockey at Hafner's, 1560 White Bear Avenue. (Laid over indefinitely on October 28, 1993) No one appeared in opposition. Councilmember Grimm moved approvaL Adopted Yeas - 6 Nays - 0 # Additional A_ eq nda 1. Resolution 93-1629 - approving an application for a new Gambling Manager's License by Bruce Wigen dba Johnson Area Youth Hockey at Hafner's, 1560 White Bear Avenue. (Laid over from October 28) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 20. Resolution - 93-1835 - approving an application for an On Sale Wine, On Sale Malt (strong) and Restaurant D License by Highland Park Hospitality Inc. at 800 S. Cleveland Avenue. (Laid over from December 16th) Withdrawn from agenda. Reso�ution was brought in under suspension, amended and adopted on December 21, 1993. 21. Resolution - 93-1906 - approving an application for the transfer of a General Repair Garage License from Asia East Side Auto Repairs 1324B Arcade to Asia Auto Repair at the same address. Robert Kessler, LIEP Manager, reported that at the request of the applicant, this license has been withdrawn. Councilmember Grimm moved to withdrawn the resolution. Yeas - 6 Nays - 0 r3 S December 23, 1993 22. Resolution - 93-1907 - approving an appiication for a General Repair Garage License by A. Radiator Company at 353 Larch Street. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 23. Resolution - 93-1902 - directing the Department of Human Rights to prepare an amended and updated racial and sexual harassment policy and establishing certain requirements therein. (Laid over from December 16th) Councilmembers Rettman and Thune moved approval. Adopted Yeas - 6 Nays - 0 Additional Agenda PUBLIC HEARINGS: 1. Discussed earlier in the meeting. Councilmember Long returned at this point in the meeting. 2. Third Reading - 93-1644 - an Ordinance to amend Chapter 412 of the Legislative Code relating to'massage parlors. (Human Services, Health & Business Regulation Committee recommends approval. Public Hearing continued from December 21.) No one appeared in opposition. Councilmember Maccabee explained and moved a substitute ordinance. Yeas - 7 Nays - 0- 4th Reading December 30, 1993. 3. Third Reading - 93-1645 - an Ordinance to amend Chapter 414 of the Legislative Code relating to massage parlor operation. (Human Services, Health & Business Regulation Committee recommends approval. Public hearing continued from December 21) No one appeared in opposition. Councilmember Maccabee explained and moved a substitute ordinance. Yeas - 6 Nays - 0- 4th Reading December 30, 1993. Councilmember Thune moved suspension of the following resolution: Suspension adopted Yeas - 7 Nays - 0 Resolution 93-1943 - approving application for renewal of State Class B Gambling Premise Permit by Unico National Chapter Metro Twin Cities at Viaduct Inn, 1056 E. 7th Street and Joe and Stan's, 949 W. 7th Street. Councilmember Thune move approval. Adopted Yeas - 7 Nays - 0 Councilmember Thune moved suspension of the following resolution: Suspension adopted Yeas - 7 Nays - 0 Resolution 93-1944 - authorizing the release of PED consultant funds from contingency for DCDC. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 ,�� �� December 23, 1993 Councilmember Thune moved suspension of the following resolution: Suspension Adopted Yeas - 7 Nays - 0 Resolution 93-1945 - authorizing the release of 1993 consultant funds from contingency line item for professional services to the PED Director's office. Councilmember Rettman spoke in opposition to the resolution. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 1(Rettman) Councilmember Maccabee moved suspension to recall from Committee the following resolution: - Su�pension adopted Yeas - 7 Nays - 0 Resolution 93-1865 - approving the 1993 Neighborhood Crime Prevention Grant program funding awards. Councilmember Maccabee explained the changes discussed in committee related to the funding of District 1. Council President Wilson suggested that staff may want to consider utilizing interns. Councilmember Maccabee moved approval as amended. Adopted Ayes - 7 Nays - 0 Councilmember Rettman moved suspension of the following resolution. Suspension adopted Yeas - 7 Nays - 0 - Resolution 93-1937 - adopting the Housing and Redevelopment Authority's Budget and Tax Levy. Councilmember Rettman moved approvaL Adopted Ayes - 7 Nays - 0 Councilmember Thune moved suspension of the following resolution: Suspension adopted Yeas - 7 Nays - 0 Resolution 93-1942 - accepting the report and recommendations from the Neighborhood Deve(opment Capacity Building Task Force and requesting Council Research to develop an implementation plan. Council President Wilson requested a layover to the next meeting. Councilmember Maccabee suggested that the Council ask staff to review implementation because there are some things in the report that are inconsistent with previous council policy. Councilmember Rettman recommended the resolution and report be amended to state that CDCs are one of the primary vehicles for building community capacity not the highest priority. An extensive discussion ensued between Council President Wilson and Councilmember Rettman regarding the intent of the language, the role-benefit of CDCs and the implementation strategy. Councilmember Thune moved to layover to the next meeting. Roll Call Yeas - 7 Nays - 0 7 3'" December 23, 1993 Counciimember Thune moved suspension for the foilowing resolution: Roll Call Yeas - 7 Nays - 0 Resolution 93-1937 - adopting the Housing & Redevelopment Authority's Budget and Tax Levy. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Thune moved suspension for the following resolution: Suspension adopted Yeas - 7 Nays - 0 Resolution 93-1946 - approving the appointments of Teresa Hayne, Sara Hayne, Lance Holder, Yannet Lathrop, Tom Lydon, and Ann Walker to the Youth Movement Committee. Councilmember Thune moved to layover one week. Roll Call Yeas - 7 Nays - 0 Councilmember Thune moved suspension for the following resolution: Suspension adopted Yeas - 7 Nays - 0 Resolution 93-1947 - approving the appointment of Robert Lowe to the District Energy Board of Directors. Councilmember Thune moved to layover one week. Roll Call Yeas - 7 Nays - 0 Councilmember Thune moved suspension for the following resolution: Suspension adopted Yeas - 7 Nays - 0 Resolution 93-1948 - approving the reappointment of Bonnie Raleigh to the Advisory Committee on Aging. Councilmember Thune moved to layover one week. Roll Call Yeas - 7 Nays - 0 � Councilmember Thune moved suspension for the following resolution: Suspension adopted Yeas - 7 Nays - 0 Resolution 93-1950 - appointing Beverly Wise to the Skyway Governance Committee. r Councilmember Thune moved to layover one week. Roll Call Yeas - 7 Nays - 0 Councilmembers Long and Maccabee moved to adj a�� the meeting Adopted Yeas - 7 Nays - 0 � O D 5:42 P.M. � - 1 � , Council resident ATTEST: ' � �1,�,� , �' Minutes approved by Council � � Molly O�'R rke, City lerk r �� O