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Minutes 09-07-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, September 7, 1993 9:00 A.M. Council Chambers Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by Vice President Rettman at 9:08 A.M. Present - 6- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune Absent - 1 - Councilmember Wilson 51. Introduction of Roberta Sladky, the new Como Conservatory Manager. Robert Piram, Director of Parks & Recreation introduced Ms. Sladky to Councilmembers. Ms. Sladky expressed appreciated for being selected for such an important and exciting job. Councilmember Rettman asked that the issue raised by Tom & Jan Hintz in their claim against the City be sent to the Public Works Committee for review. She clarified that the claim should follow the normal process. 12. Resolution - 93-1305 - directing Planning & Economic Development to conduct an economic assessment to help all businesses affected by street and/or sewer construction projects. . _�, After additional amendments to include language to include the Public Works Department .� being included in planning, design, and scheduling, Councilmember Rettman moved approval as amended. Adopted Yeas - 6 Nays - 0 Councilmember Maccabee requested that item # 12 be amended or laid over. Councilmember Rettman requested that the resolution be amended to require review by both PED and Public Works and that the program cover operational as well as Capitol Improvement costs. Councilmembers discussed the affects of the amendments, whether the issue needed to be discussed in committee, and the detrimental impacts of street construction on local businesses. After amendments to include the Public Works Department in planning, design, and scheduling and the use of funds, Councilmember Rettman moved approval as amended. Adopted Yeas - 6 Nays - 0 Councilmember Rettman requested that item # 13 be removed for discussion and that item # 30 not be sent to the Finance Committee. Councilmember Thune moved approval of the Consent Agenda as amended. Adopted Yeas - 6 Nays - 0 509 September 7, 1993 CONSENT AGENDA FOR ACTION 1. Approval of minutes of the August 10 and 12, 1993 City Council meetings. Adopted Yeas - 6 Nays - 0 2. Claims of Margaret Baar, Mary Bastian-Brown, Tami & Jon Colombo, Dorothy A. Fabian, Tom & Jan Hintz, Carolina Stallone and Zerai Tesfai. Referred to the City Attorney's OfFce. (Hintr issued referred to the Public Works Committee) 3. Summons and Complaint in the matter of Nathan W. Hart vs the City of Saint Paul. Referred to the City Attorney's Office. 4. Administrative Orders D-12529 through D-12539 noted as on fite in the City Clerk's Office. 5. Letter of the Ramsey County Department of Taxation transmitting application AC-93-0635 for reduction of assessed valuation of real estate on Reaney Avenue, Payne Avenue and Drewry Lane. (Hamm's Brewery site) CC # 13763 6. Resolution - 93-1302 - approving payment of $30,�0 from the Tort Liability Fund to Ardeth Panagiotopoulos in settlement of her claim. - Adopted Yeas - 6 Nays - 0 7. Resolution 93-1251 - approving appointments to the Mayor's Youth Movement Committee. (Laid over from August 31 st for adoption) Adopted Yeas - 6 Nays - 0 8. Resolution - 93-1252 - approving an application for On Sale Liquor, Sunday On Sale Liquor, Entertainment-III, Catering(A), and Restaurant(D) License by Em-Ty Corporation dba Twins Motor Inn at 1975 W. University Avenue. (Laid over from August 31 st for adoption) Adopted Yeas - 6 Nays - 0 9. � Resolution - 93-1253 - approving applications for the renewal of various Class III Licenses by: Multiple Sclerosis Society/Pebbles; Multiple Sclerosis Society/Patrick's Lounge, Bethesda Lutheran Hospital (4); Keefe Company; Rihm Motors; Len's Auto Service, John M. Smith; E.V.S. Inc.; Rita Ambourn's Hair Design; Sr. Rosalind Gefre's Professional �-_Massage Center(2); and Multiple Sclerosis Society/Ted's Rec. (Laid over from August 31 st for adoption) Adopted Yeas - 6 Nays - 0 510 September 7, 1993 10. Resolution - 93-1303 - approving applications for renewal of various Class III Licenses by: Champp's; Billy's On Grand; Spanky's Bar & Grill; Plums Neighborhood Bar & Grill and Pat's Pub & Grill. (To be laid over one week for adoption) Laid over until September 14th for adoption. 11. Resolution - 93-1304 - approving applications for renewal of various Class III Licenses by: D& B Auto, Hilda L. Sandberg Trust Estate (2); B& D Radiator Service; Superamerica #4030; Highland Theater 1& 2; Gay & Lesbian Community Action Council/Rumour's and Mr. Tire Service Center. (To be laid over one week for adoption) Laid over until September 14th for adoption. Items 12 and 13 (see discussion prior to adoption of Consent Agenda. 14. Resolution - 93-1307 - approving the disbursement of Youth Program Funds to: Battle Creek Booster Club, Frogtown Festival and Saint Paul Football Camp. Adopted Yeas - 6 Nays - 0 15. Resolution - 93-1308 - approving the disbursement of Youth Program Funds to: Booster East; Boys & Girls Club-Mt. Airy Unit; Boys & Girls Club-East Side Unit; Boys & Girls Club- West Side Unit; Duluth & Case Booster Club; Merriam Park Booster Club; North Star Speed Skating; Wilder Youth Club and Youth Express. Adopted Yeas - 6 Nays - 0 16.=�Preliminary Order - 93-1309 - In the Matter of the operation of the Above Standard Street Lighting Project for the Lowertown Area and setting date of Public Hearing for October 7, 1993. Adopted Yeas - 6 Nays - 0 17. Preliminary Order - 93-1310 - In the Matter of the operation of the Above Standard Street Lighting Project for the N. Wabasha Area and setting date of Public Hearing for October 7, 1993. Adopted Yeas - 6 Nays - 0 18. Preliminary Order - 93-1311 - In the Matter of the operation of the Above Standard Street Lighting Project for the Smith Avenue Area and setting date of Public Hearing for October 7, 1993. Adopted Yeas - 6 Nays - 0 19. Preliminary Order - 93-1312 - In the Matter of the operation of the Above Standard Street Lighting Project for the Wabasha-Fifth-Sixth Area and setting date of Public Hearing for October 7, 1993. Adopted Yeas - 6 Nays - 0 511 September 7, 1993 20. Preliminary Order - 93-1313 - In the Matter of the operation of the Above Standard Street Lighting Project for the Concord Phase I Area and setting the date of Public Hearing for October 7, 1993. Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 93-1314 - In the Matter of the operation of the Above Standard Street Lighting Project for the St. Peter Street Area and setting the date of Public Hearing for October 7, 1993. Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 93-1315 - In the Matter of the operation of the Above Standard Street Lighting Project for the Department of Revenue Area and setting the date of Public Hearing ' for October 7, 1993. Adopted Yeas - 6 Nays - 0 23. Resolution Approving Assessment - 93-1316 - In the Matter of the 35E/University Area Street Paving and Lighting Project and setting date of Public Hearing for October 5, 1993. Adopted Yeas - 6 Nays - 0 24. Resolution Approving Assessment - 93-1317 - In the Matter of the 35E/University Area Storm Sewer Separation Project and setting date of Public Hearing for October 5, 1993. Adopted Yeas - 6 �Vays - 0 25. Resolution Approving Assessment - 93-1.318 - In the Matter of the removal of diseased trees, logs, brush, etc., for the 1992-93 Dutch Etm Season and setting date of Public Hearing for O�tober 12, 1993. Adopted Yeas - 6 Nays - 0 26:��- Resolution Approving As.sessment - 93-1319 - In the Matter of collecting Administrative Charges incurred by the Health Department notifying property owner to repair or demolish structures; demolition of vacant buildings for July, 1993; boarding-up of vacant buildings for June, 1993; Summary Abatements (grass cutting & property clean-up) in the Thomas/Dale Area for Summer, 1993; and Summary Abatements (property clean-up) for Summer, 1993 and setting the date of Public Hearing for October 12, 1993. •- Adopted Yeas - 6 Nays - 0 27. Resolution Approving Assessment - 93-1320 - In the Matter of the level of operation and maintenance for the Town Square "Public Spaces" located within Cedar, Seventh, Minnesota = Sixth Streets for the period of July 1, 1993 to June 30, 1994 and setting date of Public Hearing for October 7, 1993. Adopted Yeas - 6 Nays - 0 512 September 7, 1993 28. Resolution Appraving Assessment - 93-1321 - In the Matter of the Palace/Toronto Area >; Storm Sewer Separation Project and setting the date of Public Hearing for October 14, 1993. Adopted Yeas - 6 Nays - 0 29. Resolution Approving Assessment - 93-1322 - In the Matter of the Palace/Toronto Area Street Paving and Lighting Project and setting the date of Public Hearing for October 14, 1993. Adopted Yeas - 6 Nays - 0 COMMITTEE REFERRAL: 30. Resolution - 93-1323 - accepting a$25,000 grant from the Minnesota Department of Human Services for expansion of the S'More Fun Program. Councilmember Rettman amended the final resolve to include "intends to authorize unspent grant monies" and moved approval as amended. Adopted Yeas - 6 Nays - 0 ************************************************************************** 13. Resolution - 93-1306 - accepting an $83,520 two-year grant from the Minnesota Department �. �of Human services for the Night Moves Program. -, Councilmember Rettman amended the final resolve to include "intends to authorize unspent -.grant monies" and moved approval as amended. Adopted Yeas - 6 Nays - 0 ORDINANCES: 31. First Reading - 93-1324 - an ordinance amending Chapters 409 and 410 and amending Chapters 60 and 62 of the Legislative Code pertaining to various parking regulations (commercial parking regulations for traditional neighborhoods). (Housing & Economic Development) Referred to the Housing & Economic Development Committee. 32. Final Adoption - 93-1208 - an ordinance regarding Chapter 33 of the Administrative Code entitled "Reimbursement for Car Expenses" to provide reimbursement to officers and employees for the use of their motorcycles while on official City business. (Public Hearing continued from August 31 st) Ron Guilfoile, Risk & Employee Management Division answered questions of Councilmembers regarding the Administration's position and present risk to the City for reimbursing City employees who use motorcycles for mileage. He said the State of - Minnesota provided for reimbursement to employees who used their motorcycles for work. Councilmember Guerin said he is opposed to adding motorcycles to the policy because it does not present a professional image and the severity of accidents are greater. (Discussion continued on following page) 513 September 7, 1993 (Discussion continued from previous page) Councilmember Thune disagreed that motorcyclists would present a poor image and said that many responsible persons are motorcycle owners. Councilmember Long said he shared Councilmember Guerin's concerns and was opposed to the adoption of this ordinance. Councilmember Maccabee said she would like to see a one year sunset clause attached to the ordinance that would allow Risk Management to review the ordinance. Councilmember Thune requested a 2 week lay over to allow for a study of the potential for increased liability to the City. Councilmember Rettman suggested that Risk Management review the impacts and liability for the State of Minnesota. Councilmember Grimm said it should be sent to the Human Services, Health and Business Regulation Committee. After a brief discussion, Councilmember Thune agreed to withdraw his request for a finro week layover. Councilmember Grimm moved referral to Human Services, Health & Business Regulation Committee. Roll Call Yeas - 6 Nays - 0 Referred to the Human Services, Health & Business Regulation Committee. COMMITTEE REPORT: 33. Resolution - 93 1175 -�approving the:selection �of� sixteen Neighborhood Partnership Programs applications. (Human Services, Health & Business Regulations Committee recommends approval as amended) �Councilmember Maccabee moved approval as amended by Committee. -Adopted Yeas - 6 Nays - 0 PIJBLIC HEARINGS: � 34. Final Order - 93-1325 - In the Matter of operation and maintenance services for the Skyway Bridge and Concourse associated with the St. Paul Athletic Club Building located at 340 Cedar Street ftom August 1, 1993 to July 31, 1994. (Laid over in Public Works Committee until October 6th) Councilmember Thune moved to lay over under October 7th. Roll Call Yeas - 6 Nays - 0 Laid over until October 7th. 35. Final Order - 93-1326 - In the Matter of operating costs for the above standard Street Lighting System for the City Hall-Court House Streetscape Project from October 1, 1993 to December 31, 1994. (Public Works Committee recommends approval) � No one appeared in opposition. � Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 514 September 7, 1993 36. Resolution Ratifying Assessment- 93-1327 - In the Matter of the East Seventh/Arcade Streets Streetscape Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 37. Resolution Ratifying Assessment - 93-1328 - In the Matter of acquiring Fee Title on a portion of UNO-VEN property for the improvements of Shepard Road from Randolph Avenue to Chestnut. (Public Works Committee recommends approval) No ane appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 38. Resolution Ratifying Assessment - 93-1329 - In the Matter of the construction of a water main in Stella Street from Como Avenue to the cul-de-sac south of Como Avenue. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 39. Resolution Ratifying Assessment - 93-1330 - In the Matter of the Edgcumbe/St. Dennis Area Storm Sewer Project. (Public Works Committee recommends approval) > No one appeared in opposition. Dan Lapland spoke in support of the project and said Public Works employees had been very cooperative. Councilmembers Long and Thune moved approval. Adopted Yeas - 6 Nays - 0 40. Resolution Ratifying�Assessment - 93-t331 - In the Matter of the Edgcumbe/St. DennisArea Street Paving and Lighting Project. (Public Works Committee recommends approval) No one appeared in opposition. (See discussion above) Councilmembers Long and Thune moved approval. Adopted Yeas - 6 Nays - 0 41. Resolution Ratifying Assessment - 93-1332 - In the Matter of the Prior/Sheridan Area Storm Sewer Project. (Public Works committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 42. Resolution Ratifying Assessment - 93-1333 - In the Matter of the Prior/Sheridan Area Street Paving and Lighting Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 515 September 7, 1993 43.' Resolution Ratifying Assessment - 93-1334 - In the Matter of Summary Abatement (property clean-up) from May to mid-June, 1993 for property at 122 Lyton Place. (Laid over from August 24th - Neighborhood Senrices Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval of the Committee recommendation. Adopted Yeas - 6 Nays - 0 44. Public Hearing to consider the application for a Class B Gambling Premise Permit by Catholic Parents Club at Kelly Inn/Legends, 161 St. Anthony Avenue. (adopted on August 26th c.f. 93-1288) No one appeared in opposition. Councilmember Grimm moved approval of the motion of intent. Roll Call Yeas - 6 Nays - 0 45. Resolution - 93-1335 - approving an application for a new Gambling Manager's License by Thomas W. Maurer dba Catholic Parents Club at Kelly Inn/Legends, 161 St. Anthony Avenue. No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 46. Resolution - 93-1336 - approving an application for the transfer of a Gas Station License by the St. Paul Yacht Club a�: 400 Yacht Club Roadcurrently issued to Robert Griebie dba St. Paul Boom Company. No one appeared in opposition. Councilmember Thune moved approval. �., Adopted Yeas - 6 Nays - 0 .,, 4�.:� Resolution - 93-1337 - approving an application for an On Sale Liquor-A, Sunday On Sale Liquor, Gambling Location-A and Entertainment-III License by Western Depot Inc. dba The Sand Box at 1638 Rice Street. No one appeared in opposition. The new owner appeared and thanked the Council for their support. Councilmember Grimm wished him success and moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Thune left the meeting at this point and did not return. 48_ - Resolution - 93-1338 - ordering the owner to remove or repair within 15 days of publication of this resolution, the building at 985 Edgerton Street. (Neighborhood Services Committee recommends approval) . No one appeared in opposition. . Councilmember Guerin moved approval. Adopted Yeas - 5 Nays - 0 516 September 7, 1993 49. Resolution - 93-1339 - ordering the owner to remove or repair within 15 days of publication of this resolution, the building at 729 Hague Avenue. (Neighborhood Services Committee recommends approval) No one appeared in opposition. A woman from the neighborhood thanked the Council for taking care of this neighborhood problem. Councilmember Guerin moved approval. Adopted Yeas - 5 Nays - 0 50. Resolution - 93-1340 - ordering the owner to remove or repair within 15 days from publication of this resolution, the building at 423 E. Jessamine Avenue. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 5 Nays - 0 MISCELLANEOUS: 52. Resolution - 93-1272 - approving the mid year budget adjustments of expenditures and financing to balance the 1993 Budget. (Finance Committee submitted to Council without recommendation - laid over from August 31 st) �� Councilmembers Long and Guerin moved approval of the substitute resolution submitted : by the Finance Commrttee. - Councilmember Maccabee moved to lay over the item until September 7th. Substitute moved and laid over until September 7th. Yeas - 5 Nays - 0 53. Resolution - 93-1257 - authorizing the Saint Paul Police Department to apply and enter into a contract with the Department of Public Safety to receive grant money for narcotics control (Laid over from August 31 st) Councilmember Long said the resolution was correct and the green sheet was in error and moved approval. Adopted Yeas - 5 Nays - 0 Councilmember Long moved to suspend the rules to introduce the following resolution. Adopted Yeas - 5 Nays - 0 Resolution - 93-1355 - affirming the City's response to the Draft Comprehensive Management Plan/EIS for the Mississippi National River and Recreation Area (MNRRA), supporting a balance of uses, extensive partnerships and retaining local control. Councilmember Long moved to lay over this item until September 7th. Roll Call Yeas - 5 Nays - 0 Laid over until September 9th. 517 September 7, 1993 Councilmembers Long and Guerin moved to adjourn the meeting. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 10:15 A.M. . � ATTEST: , �� � Council President, William Wilson �L'� `% Minutes approved by Council City Cle olly O'R urke 9_�Q � 9� O:dmb � 518