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Minutes 12-16-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, December 16, 1993 5:00 P.M. Room 330 City Hall & Court House Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President Wilson at 5:00 P.M. Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson Absent - 0 - Councilmember Long left the meeting and returned during discussion of the following item. 32. Youth Volunteers of the Month Awards. Councilmembers Maccabee, Rettman and Wilson recognized volunteers from various recreation centers and presented each with a certificate and t-shirt. Council President Wilson asked that items # 9 and # 11 be removed from the Consent Agenda. Councilmember Thune moved approval of the Consent Agenda as amended. Adopted Yeas - 7 Nays - 0 Councilmember Rettman asked who was performing maintenance on property regarding item # 8 and Councilmember Guerin responded. CONSENT AGENDA FOR ACTION 1. Claims of Lisa R. Mueller, Zdzislaw (Stan) W. Troczynski, Yvette Young. Referred to the City Attorney's Office. 2. Resolution - 93-1818 - approving the reappointments of Lillian Micke and Jeff Levy to #he Public Housing Agency of Saint Paul. (Laid over from December 9 for adoption) Referred to the Housing & Economic Development Committee. 4. 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. (To be laid over one week for adoption) Laid over until December 23rd for adoption. 715 December 16, 1993 5. Resolution - 93-1858 - approving settlement of $13,000 from the Tort Liability Fund to Anita Vibar and Wesley Salmonsen in settlement of their claims against the City. Adopted Yeas - 7 Nays - 0 6. Resolution - 93-1859 - finalizing Council action to deny a Summary Abatement Order for Joseph M. Stepka for properry at 600 Michigan Street. (Public Hearing held September 23, 1993) . Adopted Yeas - 7 Nays - 0 � 7. Resolution - 93-1860 - finalizing Council action to approve a variance from sound I�vel limitations in connection with the 1994 University/Mississippi Combined Sewer Separation Program. (Public Hearing held September 30, 1993) Adopted Yeas - 7 Nays - 0 8. Resolution - 93-1861 - authorizing a Quit Claim Deed to the Housing and Redevelopment Authority for the Flick Theater Property. Adopted Yeas - 7 Nays - 0 � 9. (Discussed later in the meeting) � 10. Resolution - 93-1863 - approving the addition of an organization to the 10% Eligible Recipients List. (Charitable Gambling) Adopted Yeas - 7 Nays - 0 11. (Discussed later in the meeting) COMMITTEE REFERRAL: 12. Resolution - 93-1865 - approving the 1993 Neighborhood Crime Prevention Grant Program funding awards. (Human Services, Health and Business Regulations) Referred to the Human Services, Health & Business Regulations Committee. 13. Resolution - 93-1866 - authorizing the release of a temporary easement over part of Lot 8, Block 20, Winters Addition at 1073 Seminary Street. (Public Works) Referred to the Public Works Committee. 14. Resolution - 93-1867 - authorizing the Real Estate Division to apply for a tax forfeited parcel needed by Public Works for street right-of-way located at the intersection of St. Clair and Pleasant Avenue. (Public Works) � . Referred to the Public Works Committee. ************************************************************************************ Councilmembers Rettman and Maccabee left and returned during the discussion of item # 9. 716 � December 16, 1993 9. Resolution - 93-1862 - entering into a Friendship City relationship with Dhaka, Bangladesh. Council President Wilson reviewed the reasons and benefits for entering into a Friendship relationship with Dhaka, Bangladesh. Mr. Rashed, a resident of Saint Paul and a Bangladesh citizen, spoke in support of establishing this relationship. Gary McLeon, a Saint Anthony Park resident and a University of Minnesota professor spoke in support of establishing the relationship and past activities with Dhaka, Bangladesh. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Maccabee left the meeting and returned during discussion of the following item. 11. Resolution - 93-1864 - requesting certain Brewing companies cease using the name "Crazy � Horse" and stereotypical symbols and caricatures in conjunction with the sale of products marketed by the companies. Council President Wilson reviewed the concerns with such a promotion and explained the benefits of making this change. Mr. Clyde Bellancourt, founder of AIM, spoke in support of the resolution and highlighted the negative affect of this type of advertising. Councilmember Thune moved approvaL Adopted Yeas - 7 Nays - 0 Councilmember Thune recognized two youth volunteers of the month from the Second District. Councilmember Guerin left and returned during discussion of the following item. 31. Resolution - 93-1772 - rescinding Council selection of a grade-separated Shepard Road/Chestnut Street Connection and adopting an at grade (on Chestnut Street alignment) connection. (Public Works Committee forwarded without recommendation) Councilmember Thune reviewed the correspondence from organizations that had been opposed to an at grade separation at the Chestnut intersection and now supported the at grade re-design. He also reviewed budget savings for this alternative. Tim Rogers, President of the Saint Paul Area Chamber of Commerce, expressed concern about an at grade alignment for Chestnut and asked that the decision be delayed 60-75 days to allow Mayor Elect Coleman's Riverfront Task Force to review the proposal. Maggie Schwichtenberg, 314 Ryan Street, representative of the Fort Road Federation, spoke in support of the at grade crossing due to the benefits to the neighborhood. After a brief discussion among Councilmembers regarding the change in position by area organizations and the cost savings of at-grade. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Grimm left the meeting at this point and returned later. 717 � December 16, 1993 Councilmember Long left the meeting for a speaking engagement and did not return. ORDINANCES 15. Final Adoption - 93-1795 - An ordinance amending Chapter 361 of the Legislative Code relating to wreckers and tow trucks, eliminating class "B" and "C" motor vehicle service categories from licensing as is currently done in compliance with State Law. (Public Hearing held December 9, 1993) Councilmember Maccabee moved approval. Adopted Yeas - 5 Nays - 0 16. Final Adoption - 93-1693 -An ordinance amending Ordinance # 13534 approved January 31, 1967 which designated Dayton Avenue from Dale to Victoria and Marshall Avenue from Dale to Victoria as one way streets, which will allow the streets to revert to two-way. (Pubfic Hearing held November 18, 1993) Curt Scaise, 710 Dayton, spoke in opposition to re-instituting two way traffic on the street due to concerns for safety of children and the potential for increased drug sales out of cars. He distributed a petition of 75 signatures from area residents in opposition to the change. Councilmember Grimm returned at this point in the meeting. Councilmember Thune left and returned later in the meeting. . Billie Curren, 806 Dayton Avenue, said that the neighborhood had held a meeting, which Council President Wilson attended and that the majority of the people present were opposed to re-instituting two way traffic on the street. Their concerns were safety for children, who were used to looking only one way, and increased drug traffic by motorists. Sister Ann Scott Holmberg, 814 Dayton Avenue spoke in opposition to reverting to two way traffic. Councilmember Rettman left and returned during discussion of this item. Councilmember Thune returned du�ing discussion of this item. Council President Wilson acknowledged concerns of neighbors and voiced his reasons for supporting this change. He noted that crrme was not related to traffic issues and should not be addressed with traffic controls. Councilmember Guerin moved to close the Public Hearing. Adopted Yeas - 6 Nays - 0 Councilmember Thune said the Public Works Committee recommended approval. Discussion ensued among Councilmembers regarding the number of one way streets in the City, the possible impact on crime and child safety. After the discussion, Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 718 December 16, 1993 COMMITTEE REPORTS: 17. Second Reading - 93-777 -An ordinance amending chapter 62 of the Legislative Code pertaining to the Zoning Code regarding alley access from off-street parking facilities. (Housing and Economic Developm�nt Committee recommends approval as amended) Councilmember Maccabee moved approval of the Committee amendments. Roll Cal) Yeas - 6 Nays - 0 Laid over until December 21 st for Third Reading/Public Hearing. 18. Second Reading - 93-1815 -An ordinance amending chapters 60 and 62 of the Legislative Code pertaining to zoning in regard to an antenna 40 acre study for all types of radio frequency antennas. (Housing and Economic Development Committee recommends approval) Laid over until December 21 st for Third Reading/Public Hearing. 19. Second Reading - 93-1816 -An ordinance amending ordinance 17171 by creating an additional commercial development district on Gannon Road between Norfolk Avenue and Shepard Road. (Housing and Economic Development Committee recommends approval) Laid over until December 21 st for Third Reading/Public Hearing. 20. Resolution - 93-1814 - authorizing the submission of the Saint Paul Comprehensive Housing Affordability Strategy (CHAS) to Housing and Urban Development (HUD). (Housing and Economic Development Committee recommends approval) Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 21. Resolution - 93-1793 - accepting the "Minneapolis-Saint Paul Carbon Dioxide (CO2) Project Plan: A framework for developing strategies to reduce CO2 emissions". (Intergovernmental Relations Committee recommends approval as amended) Councilmember Guerin proposed a miner, technical change on page 2. After a brief discussion regarding the amendment and the benefits of this plan, Councilmember Maccabee moved approval as amended. Adopted Yeas - 6 Nays - 0 22. Resolution - 93-1539 - approving an extension of time to complete the work being done a building being repaired under "Dangerous Structures-Nuisance Buildings - Vacant Buildings" at 811 Case Street. (Neighborhood Services Committee recommends withdrawal) Councilmember Rettman moved withdrawal. Roll Call Yeas - 6 Nays - 0 � WITHDRAWN 719 December 16, 1993 PUBLIC HEARINGS: � 23. Third Reading - 93-1774 - An ordinance amending Chapter 60 of the Legislative Code pertaining to regulating the location of firearms dealers who sell firearms. (Continuation of Public Hearing from December 2, 1993) Councilmember Maccabee said the Planning Commission is .still reviewing proposed changes and moved an eight week layover. Roll Call Yeas - 6 Nays - 0 Laid over until February 9th. 24. Third Reading - 93-1836 - An ordinance establishing the Department of Human Rights and the Department of Administrative Services. No one appeared in opposition. Council President Wilson reviewed the substitute ordinance drafted by the City Attorney's Office to clarify and restrict the proposal to the Human Rights function. He also reviewed a resolution asking the Charter Commission to review a change to the Charter regarding appointment of the Department Director for Human Rights. After a brief discussion regarding the scheduling of this item and the need for Charter Commission review Councilmember Thune moved referral of both the ordinance and the resolution to the Finance Committee. Roll Call Yeas - 6 Nays - 0 Referred to the Finance Committee. Resolution - 93-1901 - requesting the Saint Paul Charter Commission review and recommendation on an ordinance amending section 7 of the City Charter to estab(ish a Department of Human Rights as an Executive Department. Councilmember Thune moved to refer this item to Committee. Roll Call Yeas - 6 Nays - 0 Referred to the Finance Committee. 25. 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 9 for adoption) No one appeared in opposition. Councilmember Rettman questioned the License Department regarding their investigation. Kris VanHorn said the License Division investigation is completed and they recommended approval. Councilmember Thune suggested a one week lay over to allow. time for a City Attorney opinion, clarifying facts in the case. Christine Stauffer, an Attorney representing the applicant, spoke in opposition of the layover saying that the applicant has verbally agreed to the conditions proposed by the License Division. (Continued on following page) 720 December 16, 1993 (Continued from previous page) � After a brief discussion among Councilmembers as to whether a verbal agreement was adequate, Councilmember Thune moved a one week layover. Roll Cail Yeas - 6 Nays - 0 Laid over until December 23rd. � 26. Resolution - 93-1868 - approving an application for an Auto Body Repair Garage License by Roy A. Berger dba Auto Works at 1196 East 7th Street. No one appeared in opposition. Councilmember Rettman moved approval. � Adopted . Yeas - 6 Nays- 27. Resolution - 93-1869 - approving an application for a Motor Vehicle Salvage Dealer License by Mid Pars Enterprises Inc. dba A-1 Auto Parts and Radiator Repair at 388 Como Avenue. No one appeared in opposition. � Councilmember Thune moved approval. � Adopted Yeas - 6 Nays - 0 28. Resolution - 93-1870 - approving an application for a Parking Lot/Parking Ramp License for APCOA Inc. dba Victoria Crossing at 860 Grand Avenue. No one appeared . in opposition. Councilmember Thune moved approval. � Adopted Yeas - 6 Nays - 0 � � . 29. Resolution - 9�-1871 - approving an application for a Parking Lot/Parking Ramp License for APCOA INC. dba Milton Mall/St. Paul's United Church of Christ at 917 Grand Avenue. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 30. Public Hearing on a request by Carl Thompson for a Preliminary and Final Plat review for the north side of Burlington Road west of Wiggins Road. Tom Beach, Planning & Economic Development gave a brief staff report and said that a letter had been received from a resident asking for a lay over of this item. Carl Thompson briefly summarized the changes proposed in the design to accommodate the neighbors' concerns. Councilmember Guerin noted that several changes had been made to accommodate the neighborhood and moved approval. Adopted Motion of Intent Yeas - 6 Nays - 0 , Councilmember Thune moved reconsideration of item # 2 and directed it to the Hous�ing & Economic Development Committee to discuss the need for diversity on the Committee. Roll Call Yeas - 6 Nays - 0 Referred to the Housing & Economic Development Committee. 721 December 16, 1993 Councilmember Rettman moved to suspend the rules to introduce the following. Adopted Yeas - 6 Nays - 0 Resolution - 93-1899 - amending the Neighborhood Partnership Program grant agreement with North End Area Revitalization, Inc. Councilmember Rettman briefly explained the program and moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Guerin moved to suspend the rules to introduce the following. Adopted Yeas - 6 Nays - 0 Resolution - 93-1900 - approving an application for a State Class B Gambling Premise Permit by Hayden Heights Booster Club at Kick-Off Bar, 1347 Burns Avenue. Councilmember Guerin reviewed the application for the premise permit and moved approval. � � Adopted Yeas - 6 Nays - 0 Council President Wilson requested suspension of the rules for introduction of a policy creating a grievance procedure for sexual and racial harassment. After a brief discussion regarding the timing and the importance of this policy, Councilmember Rettman moved suspension. Adopted Yeas - 6 Nays - 0 . 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. Councilmember Rettman moved to tay over. Roll Call Yeas - 6 Nays - 0 Laid over until December 23rd. Councilmember Thune moved to adjourn the meeting. Adopted Yeas- 6 Nays - 0 _.�__ ADJOURN�D •40 P.M. �: -- % �' 1 �� . � ATTEST: `� �j � � � �,� . � uncil esident, William Wilson !'� �, . � , � '`� � --� Minutes a roved b Council + � ;� PP Y City �e�, Molly O'�ourke � �� � � MO:dmb �' . 722