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Minutes 12-14-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, December 14, 1993 9:00 A.M. Room 330 City Hall & Court House (temporary Council Chambers) Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President Wilson at 9:00 A.M. � Present - 4- Councilmembers Guerin, Maccabee, Rettman, Wilson Absent - 3- Councilmembers Grimm, Long (both arrived during discussion of � the Consent Agenda, Thune (arrived after discussion� of Consent Agenda) Councilmember Maccabee requested that items # 8 and # 13 be removed for discussion. Councilmember Rettman requested that item # 20 be removed for discussion. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 6 Nays - 0 CONSENT AGENDA � FOR ACTION 1. Administrative Orders D-12668 through D-12680 noted as on file in the�City Clerks Office. 2. Claims of Raymond Dolney, and Beatrice M. Wobse. Referred to the City Attorney's Office. � 3. Summons In A Civil Action in the Matter of.Rickie M. Gunter vs the City of Saint Paul et al. Referred to the City Attorney's Office. � � 4. Letter from the City Planner setting a Public Hearing on December 28, 1993 for the petition of Holiday Station stores, Inc to rezone property at 1437 and 1441 West Seventh Street. 5. Resolution - 93-1808 - approving the appointments of Jim Martin, Annabelle Bush, Dennis Gerhardstein and reappointments of Edna Schwartz, Olivia Mares, Richard Dolan and Richard Krueger to the Advisory Committee on Aging. (Laid over from. December 7 for adoption) Adopted Yeas - 6 Nays - 0 . • 6. Resolution - 93-1809 - approving the appointment of Jennifer Bozicevich to the Youth Fund Board. (Laid over from December 7�for adoption) � Adopted Yeas - 6 Nays - 0 708 December 14, 1993 7. Resolution - 93-1797 - approving the appointment of Kay Wiilshire to the Advisory Committee for People with Disabilities. (Laid over from December 2 for adoption) Adopted Yeas - 6 Nays - 0 8. (Discussed later in meeting) 9. Resolution - 93-1810 - approving applications for the renewal of various Class III Licenses by: Vi's Therapeutic Massage Center, Catholic Charities/Pat's Pub, The Professional Auto Body, Midway Cheverolet, Total, Steve's Auto Service, Catholic Charities/Reaney's Bar, Kelly's Auto Repair, Remington Auto Repair and Frank's Auto Service. (Laid over from December 7 for adoption) Adopted Yeas - 6 Nays - 0 10. Resolution - 93-1799 - approving applications for renewal of various Class III Licenses by: Catholic Athletic Assn/Minnehaha Lanes; Auto Clinic Inc.; Espresso-Elite; Macqueen Equipment Inc.; West Side Booster Club/Joseph's; Holiday's; Norwest Center Ramp; Bracs Auto Parts; Quality Food & Gas; Earl Street Auto Sales; Latuff Bros Inc.; Superamerica #4020; Pro Stop Fuel Inc.; Dunn Brothers Coffee; Superamerica Group Inc. #4358; Auto Max; Superamerica #4040; Bud & AI's Brake Service; West Side Booster Club/Westsider Bar; Louie's Billiards; Superamerica #4023; Mangini's Phalen Park Halls; West Side Booster Club/Winner's Bar & Rest. and Superamerica Group Inc. #4359. (Laid over from December 7, for adoption) Adopted Yeas - 6 Nays - 0 11. Resolution - 93-1842 - approving applications for renewal of various On Sale Liquor and Supporting Licenses by: Gatsby's, and Bourbon Bar. (To be laid over one week for adoption) Laid over until December 21 st for adoption. 12. Resolution - 93-1841 - approving applications for renewal of Class III Gambling Premise permits for North Ramsey 500th Lions Club/Checkers Nite Club; North Ramsey 500th Lions Club/Paul's Lounge and North Ramsey 500th Lions Club/Pub East. (To be laid over one week for adoption) Laid over until December 21 st for adoption. 13. (Discussed later in meeting) 14. Resolution - 93-1837 - amending the Mayor's special fund budget to increase the Convention & Visitors Bureau share of the Hotel/Motel receipts. Adopted Yeas - 6 Nays - 0 15. Resolution - 93-1838 - approving the settlement of $3,500 from the Tort Liability Fund to Jimmy Alan Albertson in settlement of his claim against the City of Saint Paul. Adopted Yeas - 6 Nays - 0 � 709 December 14, 1993 16. Resolution - 93-1839 - reestablishing the Saint Paul Advisory Committee on Refugee Affairs. Adopted Yeas - 6 Nays - 0 . 17. Resolution - 93-1840 - approving the Memorandum of Agreement between the International Association of Fire Fighters, Local 21 and the City of Saint Paul. (To be laid over one week for adoption) Laid over until December 21 st for adoption. 18. Resolution - 93-1843 - authorizing an agreement between the City of Saint Paul and the Minnesota Department of Transportation (MnDO� for the repayment of construction engineering costs incurred during the 1992 reconstruction of Shepard Road. Adopted Yeas - 6 Nays - 0 19. Resolution - 93-1844 - approving an agreement between the City of Saint Paul and the Red School House to complete activities approved as part of the 1981 CIB program. Adopted Yeas - 6 Nays - 0 20. (Discussed later in meeting) � � . COMMITTEE REFERRAL: 21. Resolution - 93-1846 - increasing the financing budget of the Sewer Service Fund to meet the required year end bond covenant as required by CR#88-835 and CR#93-412. (Finance) Referred to the Finance Committee. *************************************************************************************** 8. Resolution - 93-1798 - approving the appointment of Trudy Dunham and Barbara Jeanetta to the Riverfront Redevelopment Corporation. (Laid over from December 2 for adoption) Councilmember Maccabee moved to lay this item over one week. Roll Call Yeas - 7 Nays - 0 � Laid over until December 21 st. 13. Resolution - 93-1813 - supporting affordable housing policies and opportunities. (Laid over from December 7, 1993) Councilmember Maccabee moved approval as amended. Adopted Yeas -7 Nays - 0 20. Resolution - 93-1845 - approving and supporting the implementation of the Department of Public Works sign policy. . Councilmember Rettman reviewed the resolution and amended the language fo include "all sign requests to be approved by City Council resolution" and moved approval as amended. Adopted Yeas - 7 Nays - 0 710 December 14, 1993 ORDtNANCES: 22. (Discussed at the end of the meeting) 23. Second Reading - 93-1836 - An ordinance establishing the Department of Human Rights and the Department of Administrative Services. (Referred to Finance Committee with readings to continue) . Council President Wilson requested the Second Reading be laid over one week. Laid over Second Reading until December 21 st. 24. First Reading - 93-1847 - An ordinance amending Chapter 140, Skyway Conduct, pertaining to temperature and lighting standard requirements. (Public Works) Referred to the Public Works Committee. • PUBLIC HEARINGS: 25. Resolution - 93-1848 - Approving an increase for Sewer Service Availability Charge (SAC) from $750 to $800 beginning January 1, 1994.(Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 26. Final Order -93-1849 - In the Matter of improving Mississippi River Boulevard Parkway from Pelham Boulevard to Emerald Street by removing existing pavement, concrete curb and catch basins and replacing them with concrete curb and gutter, a bituminous pavement, new drainage facilities, ornamental lighting, a combined bicycle/pedestrian path, walls and boulevard landscaping. (Public Works Committee recommended approval as amended) Jean Matross, 486 Frontenac Place, a representative for the Denoyer Park Association, spoke in support of the plan. Peggy Lynch, a member of Friends of the Parks, said the Friends have been lobbying for this since 1985 and they supported the plan for the new path. Marsha Socheray, President of the Friends of the Parks, asked the Council to consider an amendment to increase the path from 10' to 12'. After further discussion, Councilmember Thune moved to close the Public Hearing. Adopted Yeas - 7 Nays - 0 After a brief discussion among Councilmembers regarding the width of the path and funding, Councilmember Maccabee proposed an amendment to include the use CIB funds instead of Municipal State Aid (MSA) Fund and moved approval as amended. Adopted Yeas - 7 Nays - 0 711 December 14, 1993 27. Final Order -93-1850 - In the Matter of constructing the University/Mississippi Area Storm Sewer Separation Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 28. Final Order - 93-1851 - In the Matter of construction of the Combined Sewer Separation Project to be known as the University/Mississippi Street Paving and Lighting Project. (Public Works Committee recommends approval) - No one appeared in opposition. ' Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 29. Final Order - 93-1852 - In the Matter of construction of sanitary sewer, storm sewer and/or water service connection, if requested by the property owner, in conjunction with the University/Mississippi Area Storm Sewer and Street Paving and Lighting Project. (Public Works Committee recommends approval) No one appeared in opposition Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 30. Final Adoption - 93-1853 - In the Matter of installation of a public water main and water service connections in Winthrop Lane from Burlington Road to approximately 400 feet north of Burlington Road and in Winthrop Court from Winthrop Lane to the cul-de-sac. (Water Commission Board recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 22. Final Adoption - 93-1718 - An ordinance amending Chapters 60 through 67 of the Legislative Code pertaining to zoning. (referred to the Housing & Economic Development Committee with readings to continue) Marv Bunnell, Planning & Economic Development said the document before Councilmembers today was the final form. Councilmember Maccabee moved approvaL = Adopted Yeas - 7 Nays - 0 Councilmember Rettman left the meeting and returned during discussion of the following item. Councilmember Grimm left the meeting and returned after discussion of the following item. 712 , December 14, 1993 31. Resolution - 93-1854 - Considering the petition of Frank & Linda Ricci, et al, for the vacation of the public walkway in� Blocks 4& 5 Afton Heights Addition and in Block 6, Afton Heights Addition No. 2. (Public Works Committee recommends approval) Councilmember Guerin reviewed the resolution. AI Gartner, 2173 Falcon spoke in favor of retaining the walkway and said he opposed the vacation of the land. Richard Kass, 2167 Falcon, spoke in opposition to the vacation and said it was used by neighborhood people as a walking path. Jay Fonkert, 2003 Freemont Avenue, President of District 1 Community council said he has a petition from 125 persons who are opposed to the vacation of the property. Beverly Dorweiler, 2162 Falcon spoke in opposition to the vacation and spoke of the merits the walkway has in the neighborhood. Kent Christy, 2191 Edgebrook said he supported the vacation and that the walkway was a dangerous attraction to neighborhood children who use skate boards and bicycles on it and do not observe oncoming traffic. Lawrence Dandrea, 2178 Edgebrook said he and his wife support the removal of the catwalk as it is very dangerous to young children in the neighborhood. Linda Ricci, applicant spoke in favor of the vacation and expressed concern also about the children in the neighborhood and said the walkway is not used by walkers as portrayed by opponents to the vacation. Mark Mauer, 2197 Edgebrook and Bob Gray, 2223 Falcon both spoke in support of the vacation and their concern for the safety of the neighborhood children. There was discussion as to who was paying for removal of the sidewalk, and City staff assured the neighborhood residents that the persons petitioning for the vacation would bear the cost. After a brief discussion, Councilmember Guerin moved to close the Public Hearing. Adopted Yeas - 6 Nays - 0 Councilmember Grimm returned to the meeting at this point. Councilmember Guerin moved approval. . Adopted Yeas - 5 Nays - 2(Long, Maccabee) 32. Resolution - 93-1855 - considering the petition of the City of Saint Paul for the vacation of Lots 3,4 and 5 and the northwesterly 4' of the vacated alley accruing thereto, Dayton Place Addition. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 713 � December 14, 1993 33. Public Hearing considering the petition ofi James E. Pierce for the vacation of part of Duke Street lying north of West 7th Street and south of Grace Street. (Public Works Committee recommends approval) . No one appeared in opposition. � Councilmember Thune moved approval. RoU Call Yeas - 7 Nays - 0 Motion of Intend adopted Yeas - 7 Nays - 0 Councilmember Rettman moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 . �. Resolution - 93-1873 - approving the 1993 year-end budget adjustments. . Councilmember Rettman amended the �resolution showing the correct figures and moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Guerin moved to suspend the rules to introduce the following ordinance. Adopted Yeas - 7 Nays - 0 First Reading - 93-1872 - An ordinance to amend section 402.005 of the Legislative code to reduce the rate of the gambling tax from 3% to 2% and to sunset that reduction on December 31, 1994. Laid over until December 21 st for Second Reading. Councilmember Thune moved to adjourn the meeting. � Adopted Yeas - 7 Nays - 0 � ; ADJO�tR � 10:00 A.M. . 1 . I � .� ._ - ; � w_. ATi'EST: � ' President, William Wilson �1ca�cri� ,l/L�Cfi�ov� Minutes approved by Council Assistant City Clerk, Frances Swanson MO:dmb -� l99� � 714