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Minutes 08-03-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, August 3, 1993 • 9:00 A.M. Council Chambers Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was calied to order by President Wilson at 9:12 A.M. Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, wlson Absent - 0 - Councilmember Rettman questioned whether item # 7 should be removed from the Consent Agenda. After a brief discussion, Councilmembers determined that the item should remain on the Consent Agenda because it is simply accepting receipt of Mayor Scheibel's letter and noted that the Council had 30 days to respond to the Mayor's veto. Councilmember Maccabee spoke in favor of overturning the Mayor's veto if there was no compromise proposed by the Church Home Council. Council President Wilson questioned potential for negotiation and cited the past efforts to negotiate with the Church Home. Councilmember Rettman moved approval of the Consent Agenda. Adopted Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION 1. Approval of minutes from the July 13, July 13 (closed door session) and 15, 1993 City Council meeting. Adopted Yeas - 7 Nays - 0 2. Claims of Harold Edwin LaRue, Elsie Caroline Patrin, Floyd Earl Patrin, Floyd Julius Patrin, Greg Peterka, Susan M. Sauber and Linda M. Swatzina. Referred to City Attorney's Office 3. Summons in Application for Registration of Land In the Matter of the application of Dayton's Bluff Neighborhood Housing Services Inc. Referred to City Attorney's Office 4. Summons and Complaint In The Matter of Sandra Kennedy, Rita Meyer, I�Gmberlee Adams and Kathryn Mansfield vs the City of Saint Paul et al. Referred to City Attorney's Office 5. Administrative Orders D-12499 through D-12503 noted as on file in the City Clerk's Office. 438 August 3, 1993 6. Letter from the Division of Public Heatth declaring the following properties as 'nuisance' building(s): 407 E. Jessamine Avenue and 1012 McLean Avenue. (For notification purposes only, public hearings wiil be scheduled at a later date, if necessary) - 7. Letter from Mayor Scheibel vetoing council resolution 93-1014 affirming the Council's decision of June 17th in regard to the appeal of Ramsey Hilt Association to the St. Paul Church Homes request for a Speciat Condition Use Permit. Noted on file in City Clerk's Office 8. Letter from Northern States Power Company regarding acceptance of amendment to Electric Franchise Ordinance. cc # 13748 9. Resolution - 93-1104 - approving the actions of the Property Code Enforcement Board of Appeals for the meeting of July 8, 1993 for properties at: 1334 Arcade Street, Thomas Lindbeck appellarrt; 160 S. Westem Avenue, Dick Gilbertson and Sharon Kopp, appellants; and 61 S. St. Albans Street, James P. Fritr, appellarrt. Adopted Yeas - 7 Nays - 0 10. Resolution - 93-1105 - approving the actions of the Property Code Enforcement Board of Appeals for the meeting of July 8, 1993 for properties at: 1835 St. Clair Avenue, Thomas Reddy and Usa Kopp, appellar�ts; 516 Humboldt Avenue, Lynn Peterson, Manager, �� appellarrt; 61 S. St. Albans Street, James P. Fritz, Appeltant; 1280 Grand Avenue, Eugene Sitzmar�, appellant and 1290 Grand Avenue, Eugene Sitzman, Appellant . Adopted Yeas - 7 Nays - 0 11. Resotution - 93-1106 - approving a three year contract between the City of Saint Paul and the United Association of Plumbers, Local # 34 representing the water meter repairers. (To be laid over one week for adoption) Laid over to August 10th for adoption. 12. Resolution - 93-1100 - approving the Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Police Federation. (Laid over from July 27th for adoption} Adopted Yeas - 7 Nays - 0 13: Resolution - 93-1107 - approving the appoirrtments of Paul Gilliland and Rick Montour to the Capital Improvement Budget Committee (CIB). (To be laid over one week for adoption) Laid over to August 10th for adoption. 14. � Resolution - 93-1108 - approving the appointment of Willetha (Toni) Carter to the Metropolitan Library Service Agency (MELSA) and the Metronet Board of Directors. (fo be laid over one week for adoption) Laid over to August 10th for adoption. 439 August 3, 1993 15 Resolution - 93-1109 -:approving the . appointments and reappointments to the Wabasha Street Bridge Task Force. (To be laid over one week for adoption) Laid over to August 10th for adoption. 16. Resolution -93-1110 - approving the allocation of 1993 Emergency Shelter Grant funds received by HUD. Adopted Yeas - 7 Nays - 0 17. Resolution - 93-1052 - approving the renewal of an On Sale Liquor, Sunday On Sale Liquor, Entertainment III, Restaurant D, Bowling Alley, Cigarette and Food Vending Machine Licenses held by Thompsen Inc. dba Hafner's at 1560 N. White Bear Avenue. (Laid over from July 27th for adoption) Adopted Yeas - 7 Nays - 0 18. Resolution - 93-1053 - approving applications for renewal of various Class III Licenses by: Raymond Auto Body Inc., Metric Auto Works, Tanners Lake VFW Post #8217, West Side Youth Hockey Assn/Brown Derby Lounge, Butch's Custom M C, Sister Rosalind Gefre's Professional Massage Center and West side Youth Hockey/Mitch's. (Laid over from July 27th for adoption) Adopted Yeas - 7 Nays - 0 19. Resolution - 93-1111 - amending the Child Care Partnership Program Contract with the East - Side YMOA regarding the�scope of work. Adopted Yeas - 7 Nays - 0 20. Resolution Approving Assessment - 93-1112 - In the Matter of the East Seventh/Arcade Streets Streetscape Project and setting date of Public Hearing for September 7, 1993. Adopted Yeas - 7 Nays - 0 21. Resolution Approving Assessment - 93-1113 - In the Matter of the Edgcumbe/St. Dennis Area Storm Sewer Project and setting date of Public Hearing for September 7, 1993. Adopted Yeas - 7 Nays - 0 22. Resolution Approving Assessment - 93-1114 - In the Matter of the Edgcumbe/St. Dennis Area Street Paving and Lighting Project and setting date of Public Hearing for September 7, 1993. Adopted Yeas - 7 Nays - 0 23. Resolution Approving Assessment - 93-1115 - In the Matter of the Prior/Sheridan Area Storm Sewer Project and setting date of Public Hearing for September 7, 1993. Adopted Yeas - 7 Nays - 0 24. Resolution Approving Assessment - 93-1116 - In the Matter of the Prior/Sheridan Area Street Paving and Lighting Project and setting date of Public Hearing for September 7,1993. Adopted Yeas - 7 Nays - 0 440 August 3, 1993 25. ' Resotution Approving Assessment - 93-1117 - 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 and setting date of Public Hearing for September 7, 1993. Adopted Yeas - 7 Nays - 0 26. Preliminary Order - 93-1118 - 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 and setting date of Public Hearing for September 7, 1993. Adopted Yeas - 7 Nays - 0 27. Preliminary Order - 93-1119 - In the Matter of operation and maintenance senrices for the Skyway Bridge and Concourse associated with the St. Paul Athletic Club Building located at 340 Cedar Street from August 1, 1993 to July 31, 1994 and setting date of Public Hearing for September 7, 1993. Adopted Yeas - 7 Nays - 0 �OMMITTEE REFERRAL: 28. Resolution - 93-1120 - amending the 1993 Budget by transferring $145,429 the financing and spending plans of the Police Department. (Finance) Referred to Finance Committee. ORDINANCES 29.� � Final Adoption - 93-998 - M ordinance amending Chapter 60 of the Legislative Code to finalize City Council Approval of a petition of Saint Paul Ramsey Medical center to rezone property located at 640 Jackson Street to B-5. (Public Hearing held July 27th) Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 30. Final Adoption - 93-999 - An ordinance adopting Chapter 45.02 and 45.12 of the Legislative Code relating to Abatemerrt Nuisance Buildings to eliminate a conflict of the wording in 45.11. (Public Hearing held July 27th) Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 31. Final Adoption - 93-1000 - M ordinance adopting Chapter 45.02 and 45.12 of the Legislative Code relating to Abatement Nuisance Buildings to assess emergency board up costs on vacant and fire damaged buildings. (Public Hearing held July 27th) Councilmember Rettman said a minor amendment needed to be made on page 2 regarding the references to other sections. Councitmember Rettman moved approval of the substitute changes. Laid over to August 10th. 441 August 3, 1993 32. Second 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. (For Action) . Laid over to August 5th for Third Reading/Public Hearing. 33. Second Reading - 93-1066 - An ordinance amending Chapter 45.03 of the Legislative Code which will enable the City to declare certain dumped piles of snow/ice a nuisance and to remove them 'rf necessary through a summary abatement action. (For Action) Laid over until August 5th for Third Reading/Public Hearing. COMMITTEE REPORT: 34. Resolution - 93-1121 - ordering the owner to remove or repair the structure at 717 Thomas Avenue within fifteen days of publication. (Public Hearing held July 27th - Neighborhood Services Committee recommends approval) Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS: 35. Third Reading - 93-904 - An ordinance adopting Zoning Code amendments related to the � Selby Snelling Small Area Plan and 40 Acre Study. (Housing & Economic Development Committee recommends approval) No one appeared in opposition. Councilmember Maccabee spoke in favor of the plan and commended the neighbors for their work on this issue. Laid over until August 10th for Final Adoption. 36. Resolutior� - 93-1122 - approving an application for a Massage Therapist License by Helen Grubich at 1204 Grand Avenue. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 37. Resolution - 93-1123 - approving an application for a Massage Therapist license by Mary Martin at 1204 Grand Avenue. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 442 August 3, 1993 38. Resofution - 93-t 124 = approving an application for a Massage Therapist License by Andrea J. Platzer at 1821 W. University Avenue. No one appeared in opposition. Councilmember Maccabee moved approval. Adopted Yeas - 7 Nays - 0 39. Resolution - 93-1125 - approving an application for a Massage Therapist License by Mary Louise Morrtour at 400 Selby Avenue. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 40. Resolution Ratifying Assessment - 93-1126 - In the Matter of the Randolph/Sneliing Area Street Lighting Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 41. Resolution Ratifying Assessmerrt - 93-1127 - In the Matter of the Randoiph/Snelling Area Storm Sewer Project. (Public Works Committee recommends approval) No one appeared in opposition. ��� Councilmember Thune moved approvaL �' Adopted Yeas - 7 Nays - 0 . . 42. = Resolution Ratifying Assessment - 93-1128 - In the Matter of the Randolph/Snelling ` Streetscape Project. f Public Works Committee recommends approval) No one appeared in opposition. - Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 43. Amended Final Order - 93-1129 - In the Matter of condemnation and taking of permanent easements for the construction and future maintenance of a Flood Control Project - Stage 3. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 44. Final Order - 93-1130 - In the Matter of sidewalk reconstruction on the south side of Dayton Avenue from approximately 95' east of N. Westem Avenue to approximately 127' east of N. Western Avenue. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 443 August 3, 1993 Councilmember Rettman moved. to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-1141 - Approving the hiring of a Washington D.C. firm of Miller and Holbrooke to assist the Cable OfFcer in writing and filing a response to commerrts submitted to the Federal Cable Communications Commission by Continental Cablevision, Inc. Councilmember Rettman explained that Saint Paul's position regarding the revisions to the Continental Cablevision settlemerrt were misrepresented in a special rules proceeding in Washington D.C. She recommended that the Washington D.C. firm of Miller & Holbrooke, which had been retained previously in regard to Continental's contract, be retained to respond to set the record straight. Councilmember Guerin spoke in opposition to hiring the law firm, saying that Continental was a private firm and entitled to their opinion. Janet �gfield, Cable Communications Office reviewed past public positions of Randal Coleman, Executive Director of Continental Cablevision, and noted the conflict between his public statements and information contained in the letter submitted by Continental Cablevision regarding an upcoming FCC decision. She reviewed the impact that the information could have on the FCC upcoming decision. Council President Wilson spoke in clarifying the record. Councilmember Maccabee criticized Continental's past non performance in inherence to the contract and spoke in favor of drafting a response. Councilmember Long said that Continental had mischarictorized the situation, and that the - City's claims are baseless and that because of the impact this information could have on FCC ruling, this should be corrected. Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 1(Guerin) Councilmember Guerin moved to recall from the Finance Committee C.F. 93-1027. Adopted Yeas - 7 Nays - 0 Resolution - 93-1027 - implementing revised provisions for retiree insurance for members of the Police Bargaining Unit. Councilmember Guerin moved to lay over the item one week. Roll Call Yeas - 7 Nays - 0 Laid over to August 10th. 444 August 3, 1993 Councilmember Rettman moved to adjoum the meeting. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 9:55 A.M. . . ' 1� ATTEST: ouncii President, �Iliam �Ison Minutes approved by Council City Cler , oly O'R urke :dmb ��� a. / 993 445