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Minutes 08-05-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, August 5, 1993 5:00 P.M. Council Chambers Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President �Ison at 5:00 P. M. Present - 5- Councilmembers Grimm, Guerin, Long, Rettman, �Ison Absent - 2- Councilmembers Maccabee, (arrived after Consent Agenda vote) and Thune (arrived after Consent Agenda vote) Councilmember Long requested that item #8 be removed from the Consent Agenda for presentation to the full Council before referral to Committee. Councilmember Long moved approval of the Consent Agenda as amended. Adopted Yeas-5 Nays-0 CONSENT AGENDA FOR ACTION 1. Approval of the minutes of the July 8, 20, and 22, 1993 City Council meetings. Adopted Yeas - 5 Nays - 0 2. Claims of Judith Cullen, Mark & Laura Irvin (Shawn Irvin), Patricia Kubash and Duane A. Troff. Referred to City Attorney's OfFce 3. Summons and Complaint In the Matter of Harold Katzenmaier vs the City of Saint Paul et al. Referred to City Attorney's Office 4. Amended Summons and Complaint In the Matter of Sandra Kennedy, Rita Meyer, ICmberlee Adams and Kathryn Mansfield vs the City of Saint Paul et al. Referred to City Attorney's Office 5. Administrative Orders D-12504 through D 12506 noted as on file in the City Clerk's OfFce. 7. Letter from Steven F. Ethier, Attorney at Law representing Randy S. Sellers vs the City of Saint Paul et al. Referred to Cit�r Attorney's Office 446 August 5, 1993 8. (Discussed after Consent Agenda) 9. Resolution - 93-1132 - approving organizations to the 1993 10°� Eligible Recipients List (Charitable Gambling). Adopted Yeas - 5 Nays - 0 10. Resolution - 93-1084 - approving a three year contract between the City and the Operative Plasters and Cement Masons, Local 633. (Laid over from July 29th for adoption) Adopted Yeas - 5 Nays - 0 11. Resolution - 93-1133 - approving the reappointmerrts and appointments to the Como Park Educational Resource Task Force. (To be laid over one week for adoption) Laid over urrtil August 12th for adoption 12. Resolution - 93-1134 - approving the appointmerrt of Susan Sands and Steven Tufenk to the District Energy Board of Directors. (fo be laid over one week for adoption) Laid over until August 12th for adoption 13. Resolution - 93-1135 - finalizing the Council action to consider the appeal by John Hinding to the Board of Zoning Appeals decision denying a side yard setback variance to allow a grade level deck. (Public Hearing held July 22, 1993) Adopted Yeas - 5 Nays - 0 14. Resolution - 93-1136 - approving paymerrt of $25,000 from the Tort Liability Fund to �Iliam D. Lee in settlemeM of his claim. Adopted Yeas - 5 Nays - 0 15. Resolution - 93-1137 - approving payment of $5,000 from the Tort Liability Fund to Joyce Sellman and wlliam Mizejewski in settlemerrt of their claim. Adopted Yeas - 5 Nays - 0 16. Resolution - 93-1088 - finalizing Council action to grant the appeal of Herward A. and Marilyn R. Vogel to a Planning Commission decision regarding the site plan for the Saint Paul Church Home. (Public Hearing held Juty 8th. Laid over from July 29th) Adopted Yeas - 5 Nays - 0 17. Resolution - 93-1089 - flnalizing Council action to affirm the decision of the Heritage Preservation Commission in the denial of a building permit for the Sairrt Paul Church Home at 484 AsMland Avenue. (Public Hearing held July 8th. Laid over from July 29th) Adopted Yeas - 5 Nays - 0 447 August 5, 1993 COMMITTEE REFERRAL: 18. Resolution - 93-1138 - adopti�g an amendmerrt to the plan for land use in the Saint Paul Comprehensive Plan: Shepard Road/Davern Street Small Area Plan. (Public Works) Referred to the Public Works Committee 8. Resolution - 93-1131 - accepting the report of the Council's Jwenile Crime Prevention Legislative Advisory Committee. Stacy Becker, a member of the Juvenile Crime Prevention Advisory Committee presented an overview of the Crime Prevention Report. She stressed the need to focus on crime among young people. She responded to budgetary questions regarding the Youth Services Bureau and the Night Moves Program, and reiterated that the report must be taken as a community wide effort and not just a city effort. Councilmembers thanked Ms. Becker and the Committee for all their work. Councilmember Long moved to refer the report to the Intergovernmental Relations Committee. Adopted Yeas - 7 Nays - 0 ******************************************************************************** ORDINANCES: 19. Second Reading - 93-1095 - An ordinance amending Chapter 3 of the Administrative Code by allowing for the contracting out for collection of registered bills. (For action) Laid over until August 10th for Third Reading 20. First Reading - 93 1139 - An ordinance amending section 73.03 of the Legislative Code pertaining to the Heritage Preservation Commission. (For action) Laid over until August 12th for Second Reading COMMITTEE REPORTS: 21. Resolution - 93-487 - directing the Council Research Director to conduct a study of Saint Paul's local gambling tax. (Human Services, Health and Business Regulation Committee recommends approval of the substitute resolution) Councilmember Maccabee moved approval. Adopted Yeas - 7 Nays - 0 22. Resolution - 93-699 - amending the rules and regulations governing the Youth Programs Fund Advisory Board. (Human Services, Health and Business Regulation Committee recommends approval as amended) Councilmembers Long and Grimm explained the policy decisions. Councilmember Grimm noted that if the policy needs adjusting the Advisory Board will report back to the Human Service Committee. Adopted Yeas - 7 Nays - 0 448 August 5, 1993 PUBLIC HEARINGS: 23. Third Reading - 93-1065 - An interim ordinance regulating currency exchanges within the City pending the completion of studies of possible amendments to the City's Comprehensive Plan and regulatory ordinances concerning currency exchanges. Laid over until August 12th for Final Adoption. 24. Third Reading - 93-1066 - An ordinance amending Chapter 45.03 of the Legislative Code which will enable to City to declare certain dumped piles of snow/ice a nuisance and to remove them if necessary through a summary abatement action. Laid over until August 12th for Final Adoption. 25. Final Order - 93-1076 - In the Matter of sidewalk reconstruction on both sides of Worcester Avenue from St. Paul to Colette. (Laid over from July 27 - Public Works Committee recommends approval) Councilmember Long explained that there had been a compromise and that the City had agreed to patch the sidewalk instead of replacing it. Tom Keefe, Public Works explained that the patching work was only a temporary solution and if there was a further complaint the Public Works Department would have to revisit the problem. Councilmember Long moved withdrawal of the resolution. Withdrawn Yeas - 7 Nays - 0 26. Resolution - 93-1140 - approving an application for a General Repair Garage License by Wabasha Tire & Auto Center at 411 S. Wabasha Street. This item should be appearing on the August 12th Agenda 27. Public Hearing to consider the appeal of Susan M. Schaffer to a Summary Abatement Appeal for property at 1721 E. Hawthorne Avenue. (Neighborhood Services Committee recommends denial of the appeal) Ms. Schaffer stated that the Forestry Departmerrt had planted a tree directly on top of the sewer line and that this was causing the problem. Councilmember Guerin suggested that she can raise the issue with the reinspection after the repair work is completed and if there is cause for a claim she may file it with the City Attorney's Office who will then irnestigate. Councilmember Guerin moved denial of the appeal. Appeal Denied Yeas - 7 Nays - 0 Councilmember Thune moved to suspend the rules to introduc� the following resolution. Adopted Yeas - 7 Nays - 0 Resolution 93-1165 - approving an application for On Sale wne, On Sale Malt (Strong) and Restaurant-B License by Frances M. Castillo dba Francesca's Bakery 8� Cafe at 33 W. 7th Place. Councilmember Thune moved approval Adopted Yeas - 7 Nays - 0 449 August 5, 1993 Councilmember Wilson stated that after discussion and on the advice of the City Attorney, the Council had decided to freeze all action and remain with the Law Firm of Briggs & Morgan, until the Judge rules on the summary motions and judgements before him, for the defense of Councilmember Maccabee. Councilmember Thune moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 6:10 P.M. . 4 � ATTEST: Council President, �Iliam Wilson Minutes approved by Council City Cler olly O'Rourke a� 993 :dmb � � 450