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Minutes 11-02-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, November 2, 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 9:10 A.M. Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson Absent - 0 - Councilmember Rettman asked that item # 4 be removed from the Consent Agenda for discussion. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION ° 1. Claims of Jim Meath� Mark C. Ritter and John R. wlliams. Referred to the City Attorney's Office. 2. Order to Show Cause In the Matter of the Petition of James H. Michael, Jeffrey J. Michael and Meridian National Bank in relation to Certificates of Title Nos. 342075 and 261274 issued for land in the County of Ramsey and the State of Minnesota. 3. Summons and Complaint in the Matter of K-3 Group Inc., Total Asphalt Construction Co, Anthony Kieger, Edward J. Keger Jr. and William Jones vs the City of Saint Paul. Referred to the City Attorney's Office. 4. (Discussed after the Consent Agenda) 5. Resolution - 93-1606 - approving applications for renewal of various On Sale Wine and Supporting Licenses by: Carbone's Pizza and Carmello's. (Laid over from October 26th for adoption) Adopted Yeas - 7 Nays - 0 6. Resolution - 93-1607 - approving applications for renewal of various On Sale Liquor Club Licenses by: Rice Street VFVN Post 3877, Hillcrest Country Club and St. Paul Aerie #33. (Laid over from October 26th for adoption) Adopted Yeas - 7 Nays - 0 627 November 2, 1993 7. Resolution - 93-1579 - approving applications for renewal of various On Sale �ne Licenses by: The Italian Oven Inc., and White Lily Restaurant. (To be laid over one week for adoption) Laid over until November 9th for adoption. 8. Resolution - 93-1631 - approving applications for renewal of various Class III Licenses by: You and Me Restaurant, Earl Zaiser, Larry's Auto Body, St. Paul YVUCA, Bear's Place, East Side Collision Center, Center for Therapeutic Massage, Truck Engineering Co., and Sr. Rosalind Gefre's Professional Massage Center. (To be laid over one week for adoption) Laid over until November 9th for adoption. 9. Resolution - 93-1598 - approving the reappoirrtments of Frank Scherman and Brian Alton to the Board of Zoning Appeals. (Laid over from October 26th) Adopted Yeas - 7 Nays - 0 10. Resolution - 93-1632 - approving the appoiMment of Shirley Davis to the Board of Trustees of the Saint Paul Police Relief Association and the Saint Paul Firefighters Relief Association. (To be laid over one week for adoption) Laid over until November 9th for adoption. 11. Resolution - 93-1633 - approving the reappoirrtments of Kathleen Mitner and Nancy wnter to the Property Code Enforcement Board. (To be laid over one week for adoption) Laid over until hJovember 9th for adoptron. 12. Resolution - 93-1634 - approving a two year contract between the City of Saint Paul and the International Union of Operating Engineers, Local 70. (To be laid over one week for adoption) Laid over until November 9th for adoption. 13. Resolution - 93-1635 - finalizing action taken by the City Council granting a noise variance during construction of the 1994 University/Mississippi Combined Sewer Separation Program for the period ftom May 1, 1994 through July 31, 1994. (Public Hearing held September 30, 1993) Adopted Yeas - 7 Nays - 0 . 14. Resolution - 93-1636 - ordering the owner to remove or repair the property at 35 W. Isabel �- Street within 5 days of adoption and publication. (Neighborhood Services Committee :: recommends approval - Public Hearing held October 26th) �� Adopted Yeas - 7 Nays - 0 15. Resolution - 93-1637 - approving an extension of time from 10-9-93 to 4-9-94 for completing work on 652-654 Oakdale. Adopted Yeas - 7 Nays - 0 628 November 2, 1993 16. Resolution - 93-1638 - amending the 1988 Capital Improvement Fund for Kittson Street Construction. Adopted Yeas - 7 Nays - 0 17. Preliminary Order - 93-1639 - In the Matter of improving streets with a new b'rtuminous roadway, concrete curb and gutters, boulevards� and lantern style lighting in conjunction with the University/Mississippi Area Street Paving and Lighting Project and setting date of Public Hearing for December 14, 1993. Adopted Yeas - 7 Nays - 0 18. Preliminary Order - 93-1640 - In the Matter of constructing the University/Mississippi Area Storm Sewer Separation Project and setting date of Public Hearing for December 14, 1993. Adopted Yeas - 7 Nays - 0 19. Preliminary Order - 93-1641 - In the Matter of constructing sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, for the University/Mississippi Area Storm Sewer and Street Paving and Ughting Projects and setting the date of Public Hearing for December 14, 1993. Adopted Yeas - 7 Nays - 0 ******************************************************************************** Communication from the Office of Human Resources stating the Civil Service Commission vetoes Council Files 93-1471 and 93-1472 pertaining to the position of Energy Conservation Specialist in the unclass�ed service. After a brief discussion, Councilmember Rettman moved to override the veto. - Adopted Yeas - 7 Nays - 0 Override Civil Service Veto ORDINANCES: 20. First Reading - 93-1642 - An ordinance granting permission to VC Parking Limited Partners to install and maintain a parking lot on a public alley near Victoria and Grand Avenues, collectively known as Victoria Crossing. (For Action) Laid over until November 9th for Second Reading. 21. First Reading - 93-1643 - An ordinance granting permission to Ramsey County to install and maintain a facade and flag poles at the main entrance to the West Building on the south side of Kellogg Blvd. between Market and St. Peter Streets. (For Action) Laid over until November 9th for Second Reading. 22. First Reading - 93-1644 - An ordinance to amend Chapter 412 of the Legislative Code relating to massage Therapists. (Human Services, Health and Business Regulation Committee recommends approval) Laid over until November 9th for Second Reading. 629 November 2, 1993 23. ° First Reading - 93-1645 - An ordinance to amend Chapter 414 of the Legislative Code relating to massage parior operation. (Human Services, Health and Business Regulation Committee recommends approval) Laid over until November 9th for Second Reading. 24. First Reading - 93-1646 - An ordinance amending Chapter 355 of the Legislative Code relating to secondhand deafers. (Human Services, Health and Business Regulation Committee recommends approval) Laid over until November 9th for Second Reading. COMMITTEE REPORTS: 25. Resolution - 93-1384 - approving disbursemerrt of Youth Program Funds (Charitable Gambling). (Human Services, Health and Business Regulation Committee recommends approval) Councilmember Maccabee moved approval. Adopted Yeas - 7 Nays - 0 26. Resolution - 93-1500 - approving disbursement of Youth Program Funds (Charitable Gambling), (Human Services, Health and Business Regulation Committee recommends approval) Councilmember Maccabee moved approval. Adopted `- Yeas - 7 Nays - 0 PUBLIC HEARINGS: 27. Third Reading - 93-1589 - An ordinance amending chapters 87, 88, 90, 91 and 92 of the Legislative Code pertaining to rules and regulations of the Saint Paul Water Util'ity as recommended by the Board of Water Commissioners of the City of Saint PauL fFor Action) No one appeared in opposition. Councilmember Maccabee reviewed the proposed amendments and said they were needed to update fees. Councilmember Rettman said the ordinance has been well thought through and will bring better service to customers of the water util'ity. Laid over until November 9th for Final Adoption. 28. Third Reading - 93-1590 - An ordinance establishing the position entitled Office of License, lnspections, and Environmerrtal Protection Director as specified by Chapter 12 of the : Charter of the City of Saint Paul, Section 12.03.2(H). (For Action) No one appeared in opposition. Laid over until November 9th for Final Adoption. 630 November 2, 1993 29. Resolution - 93-1647 - approving an application for a new State Class B Gambling Premise Permit by East Twins Babe Ruth League at Mike's Bar� 326 Grove Street. No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 . 30. Resolution - 93-1648 - approving an application for a new Gambling Manager's License by _ Margaret St. Sawer dba East Twins Babe Ruth League at Mike's Bar, 326 Grove Street. . No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 31. Resolution -93-1566 - approving an application for an On Sale Liquor-B and Sunday On Sale Liquor License by US Restaurant Corp and Green Mill Inn Inc. dba Green Mill Inn at 57 S. Hamline Avenue. (Amended and Laid over from October 19th) Councilmember Long moved to lay over the Public Hearing one week. Roll Call Yeas - 7 Nays - 0 Public Hearing laid over until November 9th. 33.. Report of an Administrative Law Judge including Findings of Fact, Conclusions and � Recommendations in the matter of the adverse hearing involving all licenses held by Michael Bartelmy, dba Mike's Towing for the premises located at 847 Hudson Road. � Phil- Byrne, Assist�nt City A�ttorney reviewed the .staff report. �Councilmember Guerin said the applicant needs to police the area and keep the premises clean of litter and car parts. Councilmember Long left during the discussion and returned later. Mike Bartlemy, owner of the towing business said he understood the conditions. After a brief discussion, Councilmember Thune moved to close the Public Hearing. Roll Call Yeas • 6 Nays - 0 Councilmember Guerin moved to accept the Administrative Law Judge recommendation of a 30 day suspension of the license and moved to stay the suspension, providing stipulations do not recur. Roll Call Yeas - 6 Nays - 0 Councilmember Long returned to the meeting at this point. 32. Report of an Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of the adverse hearing involving all licenses held by J.K. Corporation of Saint Paul dba Depot Bar, 241 E. Kellogg. Phil Byrne, Assistant City Attorney reviewed the staff report. Tom Hughes, Attorney for J.K. Corporation reviewed the Administrative Law Judge report and the circumstances for the adverse action by the City. (Continued on following page) 631 November 2, 1993 (Continu�ed from previous page) A brief discussion ensued among Councilmembers. Councilmember Maccabee moved to close the Pubiic Hearing. RoII Call Yeas - 7 Nays = 0 Councilmembers discussed imposing a$500 fine in lieu of the license suspension. After a lengthy discussion, Councilmember Thune moved to impose a$500 fine and one day license suspension and stay the one day suspension. Roll Call Yeas - 5 Nays - 2(Long, Maccabee) Adopted fine with one day suspension stayed. MISCELLANEOUS: 34. Resolution - 93-1270 - authorizing the execution of a joint ptedge agreement in connection with the issuance by the Housing and Redevelopment Authority of the City of Saint Paul of its sales tax revenue bonds (Civic Center Project), Series 1993. (Substitute submitted and laid over from October 26th) Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 35. Resolution - 93-1370 - establishing sales tax fund and proving for the use of sums therein to pay Civic Center costs. (Substitute submitted and laid over from October 26th) Councilmember Long moved approvaL . Adopted Yeas - 7 IVays - 0 ADDITIONAL ITEM: 1. Resolution - 93-1630 - authorizing the submission of grant applications for the State of Minnesota Innovation and Cooperation awards. (Laid over from October 26th) Councilmember Maccabee moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Guerin moved to suspend the rules to ir�troduce the following resokition. Adopted Yeas - 7 Nays - 0 Resolution - 93-1663 - approving an agreement between the Saint Paul Police Departmerrt, the City of Minneapolis and the Minnesota Department of Public Safety to create an after- hire professional police offic�r academic/skills training skills. (Laid over until November 4th) Councitmember Guerin moved to lay over the item until Thursday, November 4th. Roll Call Yeas - 7 Nays - 0 Laid over until November 4th. 632 November 2, 1993 Councilmember Rettman moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 10:40 A.M. � t � � � ATTEST: � Council President, William Wilson ��'�`���� �� �� Minutes approved by Council Assistant City Clerk, Frances Swanson �� FS:dmb -�-� � . 633