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Minutes 07-29-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, July 29, 1993 5:00 P.M. Council Chambers Third Floor City Hall and Court House Saint Paui, Minnesota The meeting was cahed to order by Vice President Rettman at 5:05 P.M. Present - 4- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson Abserrt - 3- Counciimembers Long (excused), Thune, Wilson 32. Youth Volunteer of the Month Award Ceremony. Councilmember Guerin recognized Youth Voturrteers from his area and presented them with awards and certificates. Councilmember Guerin moved a recess to convene the Housing & Redevelopment Authority meeting at 5:15 P.M. Adopted Yeas - 4 Nays - 0 The meeting was reconvened by Vice Presider�t Rettman at 5:30 P.M. Present - 4- Councilmembers, Grimm, Guerin, Maccabee, Rettman Abserrt - 3- Councilmembers Long (excused), Thune, Wilson �c;e President Rettman asked Shirley Davis of the Finance Department ff 5 votes were needed for passage of items # 7 and # 8 on the Consent Agenda. Ms. Davis gave a brief overview of the resolutions and said 5 votes were not necessary. Councilmember Maccabee asked that items # 10 and # 11 be laid over one week as not enough Councilmembers were preserrt to anow an accurate reflection of their vote following the Pubtic Hearing. Councilmember Maccabee moved approval as amended. Adopted Yeas - 4 Nays - 0 CONSENT AGENDA FOR ACTION 1. Appeal to a Summary Abatement Order by Jeffery/Linda Cox for property at 1183 E. Maryland. (City Clerk's Office recommends date of Public Hearing before the Neighbofiood Senrices Committee for August 4th and before the City Council on August 12, 1993) 432 July 29, 1993 2. Letter from the Division of Public Health declaring the following properties to be 'Nuisance Buildings'; 768 Stewart Avenue and 936 York Avenue. (Notification only - public hearings will be scheduled at a later date, if necessary) 3. Resolution - 93-1081 - approving execution of an agreement between the City and the State of Minnesota to provide funding for signal improvements along E. University Avenue. Adopted Yeas - 4 Nays - 0 4. Resolution - 93-1082 - approving State of Minnesota; Dept. of Transportation, "limited use permit" for use of MnDOT Right of Way under the Robert Street Bridge as needed for construction of Flood Control Project - Stage 3. Adopted Yeas - 4 Nays - 0 5. Resolution - 93-1083 - approving special laws enacted during the 1993 Minnesota Legislation session which permits the Civic Center Authority to delegate its power to its Chief Administrator and which authorized any holder on an "on-sale" liquor license issued by the City to dispense intoxicating liquor at events. Adopted Yeas - 4 Nays - 0 6. Resolution - 93-1084 - approving a three year contract between the City and the Operative Plasters and Cement Masons, Local 633. (To be laid over one week for adoption) Laid over until August 5th for adoption. 7. Resolution - 93-1085 - authorizing the Finance Department to begin work on structuring the refinancing of several City Bond issues. Adopted Yeas - 4 Nays - 0 8. Resolution - 93-1086 - accepting the offer of the Minnesota Public Facilities Authority (PFA) to purchase a$1,200,000 General Obligation Sewer Revenue Note of 1993. Adopted Yeas - 4 Nays - 0 9. Resolution - 93-1087 - authorizing the removal of the "One Hour Parking 8AM to 6PM Weekdays, Except by Permit" zones from the north side of Reaney Avenue between Arcade and Weide and the east side of Weide Street between Reaney and Bush. Adopted Yeas - 4 Nays - 0 10. Resolution - 93-1088 -�nalizing 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 July 8th) Laid over until August 5th. 11. Resolution - 93-1089 - finalizing Council action to affirm the decision of the Heritage Preservation Commission in the denial of a building permit for the Saint Paul Church Home at 484 Ashland Avenue. (Public Hearing held July 8th) Laid over until August 5th. 433 July 29, 1993 12. Resolution - 93-1090 - finalizing Council action to deny the appeal of Metalcote Grease & Oil Company to a Summary Abatement Order for property at 506 Randotph Avenue. (Public Hearing held June 24th) Adopted Yeas - 4 Nays - 0 13. Resolution - 93-1091 - finalizing Councii action to grant the appeal of the Thomas Dale Block Club to a Planning Commission decision to permit the change of a non - conforming use for a grocery store at 440 Thomas Avenue. (Public Hearing held July 8th) Adopted Yeas - 4 Nays - 0 COMMITTEE REFERRAL: 14. Resolution - 93-1092 - creating the new class�cation of Energy Conservation Specialist in Grade 13 of the Professional Employees Non-supervisory Standard Ranges. (Fnance) Referred to Finance Committee. 15. Resolution - 93-1093 - approving a Routine Maintenance Agreement between the City and the State of Minnesota on designated trunk highways within the City limits. (Public Works) Referred to Public Works Committee. ORDINANCES 16. First Reading - 93-1094 - An ordinance amending section 45.03 of the Legisiative Code pertaining to the abatemerrt of nuisances regarding improperly sealed disconnected rainleaders. (Public Works) Councilmember Guerin asked that this item be sent to Neighborhood Services Committee and so moved. Roll Call Yeas - 4 Nays - 0 Referred to the Neighborhood Services Committee. 17. First Reading - 93-1095 - An ordinance amending Chapter 3 of the Administrative Code by allowing for the corrtracting out for collection of registered bills. (For Action) Laid over until August 5th for Second Reading. 18. Second Reading - 93-904 - An ordinance adopting Zoning Code amendments related to Setby Snelling Small Area Plan and 40 Acre Study. (Housing & Economic Development Committee recommends approval) Laid over until August 3rd for Third Reading. 434 July 29, 1993 COMMIITEE REPORTS: 19. RESOlution - 93-903 - adopting the Selby-Snelling Small Area Plan as an amendment to the Saint Paul Comprehensive Plan. (Housing & Economic Development Committee recommends approval) Councilmember Maccabee asked that item # 19 be laid over for passage and approval on the same date as the Fourth Reading of C.F. 93-904 which would be August 10th. Laid over until August 10th for adoption. 20. Resolution - 93-393 - initiating a Parkland Zoning Study for the purpose of considering amendments to the Zoning Code regarding public parkland. (Neighborhood Services Committee recommends withdrawal) Councilmember Guerin said there were some people who supported this resolution but felt it was no longer necessary and moved withdrawal. Roll Call Yeas - 4 Nays - 0 Withdrawn PUBLIC HEARINGS: 21. Third Reading - 93-998 - An 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. (For Action) City Clerk O'Rourke noted that items 21, 22, and 23 were on in error and had already had a Public Hearing on July 27th. Laid over until August 3rd for Final Adoption. 22. Third Reading - 93-999 - An ordinance adopting Chapter 45.02 and 45.12 of the Legislative Code relating to Abatement Nuisance Buildings to eliminate a conflict of the wording in 45.11. (For Action) (See discussion with item # 21) Laid over until August 3rd for Final Adoption. 23. Third Reading - 93-1000 - An 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. (For Action) (See discussion with item # 22) Laid over until August 3rd for Final Adoption. 24. Resolution - 93-950 - approving an application for an On Sale Liquor, Sunday On Sale Liquor, Gambling Location, Restaurant and Entertainment III License by Fred & Mary Ellen Inc. dba Club Metro at 733 Pierce Butler Route. (Laid over from July 6th) No one appeared in opposition. Councilmember Maccabee moved approval. Adopted Yeas - 4 Nays - 0 435 July 29, 1993 25. Resolution - 93-1096 - approving an application for a Class Iil Entertainment License by The University Club of Saint Paul at 420 Summit Avenue. No one appeared in opposition. Councilmembers Maccabee and Guerin moved approval. Adopted Yeas - 4 Nays - 0 26. Resolution - 93-1097 - approving an appiication for a Ciass III Entertainmer�t License by the University Club of Sair�t Paul at 79 N. Westem Avenue. A women from the Commodore Condominiums Association at 79 N. Westem Avenue spoke in opposition to the granting of the license due to existing problems with noise, litter, security enforcement, lack of notice of events and blocked entrances. She said that numerous promises had been made by Mr. Rupp and his staff and not kept. At the request of Councilmembers, Assistant City Attorney McCormick explained the procedures for adverse action in this regard. After a short discussion of the options available to Councilmembers and the advisability of a License Departmerrt inspection, Councilmember Maccabee moved a two week layover for a License Departmerrt inspection of the allegations. Roll Call Yeas - 4 Nays - 0 Laid over until August 12th. 27. Resolution - 93-1098 - approving an application for an On Sale Liquor-A, Sunday On Sale Liquor and Restaurant-D License by Apple American Limited Partnership of Minnesota dba Applebee's Neighborhood Grill & Bar at 1600 W. University Avenue. No one appeared in opposition. Councilmember Maccabee moved approval. Adopted Yeas - 4 Nays - 0 28. Resolution - 93-1099 - approving an application for a Massage Therapist License by Jane Schmidtey at 2221 Ford Parkway. No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 4 Nays - 0 MISCELLANEOUS: 29. Resolution - 93-1031 - approval of an Easement Agreement, giving the City of Saint Paul easement rights on Ramsey County property between Edgewater Boulevard and Beaver Lake. (Laid over from July 22nd) Councilmember Maccabee said she had been briefed on this issue and understood that the City needed this agreement to perform maintenance on the area sewer and moved approval. Adopted Yeas - 4 Nays - 0 436 July 29, 1993 30. Resolution - 93-1028 - authorizing payment of refunds to the estates of certain deceased firefighters of the City of Saint Paul. (Laid over from July 22nd) City Clerk O'Rourke noted that the item had already been approved by the City Council under suspension on Tuesday, July 17th. 31. Resolution - 93-1080 - amending the Energy Park Hot and Chilled Water Franchise Ordinance such that the automatic increase in the demand charge rate is waived for calendar year 1993. (Laid over from July 22nd) Councilmember Guerin said the Public Works Committee recommended approval. Adopted Yeas - 4 Nays - 0 Councilmember Maccabee moved reconsideration of item # 11 from the July 27th Councif meeting which was a resolution rejecting the Metropolitan Waste Control Commission's proposed reconveyance of the Trout Brook Belt Line Interceptor. Adopted Yeas - 4 Nays - 0 Resolution - 93-1050 - rejecting Metro Waste Control Commission's 1989 Reconveyance Proposal for Belt Line & Trout Brook Interceptors. Vice President Rettman explained that a one sentence amendment had been left off the agenda and distributed a letter with the proposed amendment. Councilmember Grimm moved approval as amended. Adopted Yeas - 4 Nays - 0 Councilmember Grimm moved to adjourn the meeting. Adopted Yeas - 4 Nays - 0 ADJOURNED AT 5:57 P.M. ATTEST: % �, i�� Council President, William Wilson - � � � ,;' _ � � ��, ��� '��—,� - Minutes approved by Council City Clerk, ; M611y O' Rourke M�7:dmb � 3 437