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Minutes 07-27-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, July 27, 1993 9:00 A.M. Council Chambers Third Floor City Hall and Court House Saint Paui, Minnesota The meeting was called to order by President Wilson at 9:10 A.M. Present - 6- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Wilson Absent - 1 - Councilmember Thune Councilmember Rettman requested that item # 11 be removed from the Consent Agenda for discussion. Councilmember Grimm asked that item � 12 be laid over until August 12th in order to coincide with the adoption of Ordinance 93-1065. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 6 Nays - 0 CONSENT AGENDA FOR ACTION 1. � Approval of minutes from the July 6, 1993 City Council meeting. Adopted Yeas - 6 Nays - 0 2. Claims of Frank Albercio Guajardo, Lori Keek, Usa Marie Schliesman and Lorenzo Staten. Referred to the City Attorney's Office. 3. Summons and Complaint in the Matter of Xay Vang vs the City of Saint Paul et al. Referred to the City Attorney's OfFce. 4. Administrative Orders D-12497 through D-12498 noted as on file in the City Clerk's Office. 5. Letter from Mayor Scheibel seeking applicants for the following new committees: Citywide Economic Revitalization Committee, Police Civilian Internal Affairs Review Commission and the Labor Interpretive Center Board of Directors. cc # 13744 6. Letter from District Cooling St. Paul Inc. announcing they will not file a new or amended rates and that the currerrt Schedule A will remain in effect through FY 1994 and thereafter until amended. cc # 13746 7. Letter from District Energy St. Pauf Inc. announcing notice of the rates to be charged to district heating customers effective October 1, 1993. cc # 13747 422 July 27, 1993 8. Resolution - 93-1047 - approving a shore fishing platform agreement for Phalen Lake between the City and the Minnesota Department of Natural Resources. Adopted Yeas - 6 Nays -0 9. Resolution - 93-1048 - allowing the Saint Paul Saints Baseball league to sell 3.2 beer at Municipal Stadium using City's license. Adopted Yeas - 6 Nays - 0 10. Resolution - 93-1049 - approving disbursement of Youth Program Funds to Merriam Park Booster Club and Phalen Youth Club (Charitable Gambling Funds). Adopted Yeas - 6 Nays - 0 11. (Reconsidered later in the meeting and adopted) 12. Resolution - 93-1051 - initiating a planning and zoning study of currency exchange businesses. Laid over until August 12th. 13. Resolution - 93-1052 - approving an application for an On Sale Liquor, Sunday On Sale Uquor, 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. (fo be laid over one week for adoption) Laid over until August 3rd for adoption. 14. 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. (fo be laid over one week for adoption) Laid over until August 3rd for adoption. 15. Preliminary Order - 93-1054 - In the Matter of sidewalk reconstruction on the west side of Main Street from W. Sixth to W. Tenth and setting date of Public Hearing for August 31, 1993. Adopted Yeas - 6 Nays - 0 16. Preliminary Order - 93-1055 - In the Matter of sidewalk reconstruction on both sides of Schletti Street from W. Arlington to W. Nebraska and setting date of Public Hearing for August 31, 1993. Adopted Yeas - 6 Nays - 0 17. Preliminary Order - 93-1056 - In the Matter of sidewalk reconstruction on both sides of Stinson Street from N. Lexington to N. Oxford and setting date of Public Hearing for August 31, 1993. Adopted Yeas - 6 Nays - 0 423 July 27, 1993 18. Preliminary Order - 93-1057 - In the Matter of sidewalk reconstruction on both sides of Norton Street from W. Lawson to W. Cook and setting date of Public Hearing for August 31, 1993. Adopted Yeas - 6 Nays - 0 19. Preliminary Order - 93-1058 - In the Matter of sidewalk reconstruction on both sides of N. St. Albans from W. Nebraska to W. Hoyt and setting date of Public Hearing for August 31, 1993. Adopted Yeas - 6 Nays - 0 20. Preliminary Order - 93-1059 - In the Matter of sidewalk reconstruction on the north side of W. Nebraska Avenue from N. Grotto to N. Avon and setting date of Public Hearing for August 31, 1993. Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 93-1060 - In the Matter of sidewalk reconstruction on both sides of Como Place from Front to Hatch and setting date of Public Hearing for August 31, 1993. Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 93-1061 - In the Matter of condemning and taking an easement in the land necessary for the slopes, cuts and fills in improving the N S alley bounded by Nebraska, Arlington, Marion and Albemarle and setting date of Public Hearing for August 31, 1993. Adopted Yeas - 6 Nays - 0 23: Preliminary Order - 93-1062 - In the Matter of improving the North South alley bounded by Artington, Nebraska, Marion and Albemarle by grading and paving with a bituminous materiat and setting date of Public Hearing for August 31, 1993. Adopted Yeas - 6 Nays - 0 24. Preliminary Order - 93-1063 - In the Matter of sidewalk reconstruction on the west side of Alameda Street from W Hoyt to W lowa and setting date of August 31, 1993. Adopted Yeas - 6 Nays - 0 COMMITTEE REFERRAL: 25. Resolution - 93-1064 - approving the proposed wage and benefit package for non- represented Management Personnel. (Fnance) Referred to the Finance Committee. 424 July 27�.1993 ORDINANCES 26. First Reading - 93-1065 - M interim ordinance regulating currency exchanges within the City of Saint Paul pending the completion of studies of possible amendments to the City's Comprehensive Plan and regulatory ordinances concerning Currency Exchanges. (For Action) A brief discussion ensued among Councilmembers regarding the difference and impact of item # 12 and this item. Laid over until August 3rd for Second Reading. 27. First Reading - 93-1�6 - 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 if necessary through a summary abatement action. (For Action) Laid over until August 3rd for Second Reading. Council President Wilson left at this point in the meeting and returned later. PUBLIC HEARINGS: 28. 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 properry located at 640 Jackson Street to B-5. No one appeared in opposition. Laid over until August 3rd for Final Adoption. 29. 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) No one appeared in opposition. Laid over until August 3rd for Final Adoption. 30. 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) No one appeared in opposition. Laid over until August 3rd for Final Adoption. 31. Resolution Ratifying Assessments -93-1067 - In the Matter of Summary Abatement (Property Clean Up) from February to May, 1993 for 1571 Maryland Avenue. No one appeared in opposition. Councilmember Guerin said Neighborhood Services Committee recommends approval and moved approval. Adopted Yeas - 5 Nays - 0 Council President Wilson returned at this time. 425 a7 July �; 1993 32. Final Order - 93-970 - In the Matter of sidewaik reconstruction on both sides of York Avenue from Edgerton to Payne. (Laid over from July 13th) No one appeared in opposition. Councitmember Grimm asked Tom Keefe of Public Works Department if this matter could be detayed until next summer because of the possibte tree damage caused by too many construction projects in the area. After a brief discussion, it was agreed to withdraw the item and start the process again in 1994. Councilmember Grimm moved withdrawal. Adopted Yeas - 6 Nays - 0 WITHDRAWN 33. Amended Resolution Ratiiying and Confirming Condemnation - 93-1068 - In the Matter of acquiring a permanent sewer easement under and across the Soo Line Railroad Right-of- Way in connection with the Palace/Toronto Area CSSP Project. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 34. �inal Order - 93-1069 - In the Matter of sidewalk reconstruction on the south side of Marshall Avenue at 2062 Marshall Avenue. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 35.• Final Order - 93-1070 - In the Matter of sidewatk reconstruction on the east side of Colette Place from Magoffin to Dorothea; the east side of Colette Place from Morgan to Worcester; the west side of Colette Place from Magoffin to Worcester and the south side of Magoffin Avenue from St. Paul to Colette. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 6 Nays - 0 36. Fnal Order - 93-1071 - In the Matter of sidewalk construction and/or reconstruction on both sides of Field Avenue from S. Prior to Murray and both sides of Murray Street ftom Field to Sheridan. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 6 Nays - 0 37. Final Order - 93-1072 - In the Matter of sidewalk reconstruction on both sides of Kenneth Street from Sheridan to Norfolk. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 6 Nays - 0 426 July 27, 1993 38. Final Order - 93-1073 - In the Matter of sidewalk reconstruction on the south side of Lincoln Avenue from S. Syndicate to S. Hamline. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 6 Nays - 0 39. Final Order - 93-1074 - In the Matter of sidewalk reconstruction on both sides of Sheridan Avenue from Davern to S. Wheeler. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 6 Nays - 0 40. Final Order - 93-1075 - In the Matter of sidewalk reconstruction on both sides of Susan Avenue from St. Paul to Colette. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 6 Nays - 0 41. Final Order - 93-1076 - In the Matter of sidewalk reconstruction on both sides of Worcester Avenue from St. Paul to Colette. Tom Keefe, Public Works Department answered questions of Councilmember Long and said he would meet with neighbors to discuss which sidewalks would be replaced. Gary Bloom, 1919 Worcester said he is opposed to tearing up the sidewalk in this area as there is nothing wrong with the sidewalk. He suggested sidewalks be mudjacked or tarred to make them level instead of being replaced. He entered into the record a list of residents on the street who are also opposed to new sidewalks in the area. Councilmembers explained that sidewalk panel replacement is cheaper than the alternatives. After a brief discussion, Councilmember Long moved to lay the item over until an evening meeting on August 5th to allow residents who work during the day, an opportunity to attend the meeting. Roll Call Yeas - 6 Nays - 0 Laid over until August 5th. 42. Resolution - 93-1077 - approving an application for a Parking Lot/Parking Ramp Ucense by H.F.S. Properties dba Golden Rule Building at 450 Minnesota Street. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 43. Resolution - 93-1101 - ordering the owner to repair or demolish property at 754-56 Burr Street in 15 days. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 � 427 July 27, 1993 44. Public Hearing to consider ordering the owner to repair or demolish property at 1544 Grand Avenue. (Neighborhood Senrices Committee recommends approval as amended to 30 days) No one appeared in opposition. Chuck Votel, Public Heath Departmerrt said it was amended in Committee to 30 days. A represerrtative fi om Twin City Federal said the property is in forectosure and asked for an extension to obtain a purchaser. Councilmember Guerin said the orders were amended to 30 days and that within that time if a buyer was found, the proper papers could be submitted. Councilmember Guerin moved approval as amended. Motion of Intent adopted Yeas - 6 Nays - 0 45. Public Hearing to consider ordering the owner to repair or demolish properly at 1038 N. Lexington Parkway. (Neighbofiood Services Committee recommends laying over in Committee until September 1 st) No one appeared in opposition. Councilmember Rettman said the property is not secured and the grass is getting tatl. Counatmember Guerin moved to lay over to September 2nd. Rotl Call Yeas - 6 Nays - 0 Laid over until September 2nd. Councilmember Rettman moved suspension to introduce the resolution related to the Public Hearing of the following item. Adopted Yeas - 6 Nays - 0 46. Resolution - 93-1102 - ordering the owner to repair or demolish property at 47 Lyton Place. ' Amended to 30 days. (Neighborhood Services Committee recommends amending to 30 days) No one appeared in opposition. Councilmember Rettman said the property waS open, and asked Mr. Votel to have the building secured. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Guerin moved reconsideration to add the Committee amendment to provide 30 days for repairs or demolition. Adopted Yeas - 6 Nays - 0 Councilmember Guerin moved approval as amended. Adopted Yeas - 6 Nays - 0 428 July 27, 1993 47. Public Hearing to consider ordering the owner to repair or demolish property at 717 Thomas Avenue. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Rettman moved approval. Motion of Intent Adopted Yeas - 6 Nays - 0 48. Public Hearing to consider the appeal of Dale Mundinger to a decision of the Board of Zoning Appeals denying his request for a lot area variance and a 3 zoning room density variance to permit an existing duplex to be converted to a triplex at 283 Aurora Avenue. Councilmember Maccabee questioned the City Attorney on the Council's authority in this matter. Marv Bunnell, Planning & Economic Development reviewed the staff report and the Board of Zoning Appeal decision. He said clarification on the number and type of home operations Mr. Mundinger is operating is needed, as they may violate zoning code requirements. Dale Mundinger, 279 Aurora detailed the properties in the area that he has rehabilitated and explained the variance was necessary to make the rehabing of this property financially feasible. He responded to questions of Councilmembers regarding the types and number of home occupations at the property and explained discrepancies in the Public Hearing record before the Board of Zoning Appeals. The homeowners of 261 Aurora spoke in support of the work Mr. Mundinger has done in the neighborhood and also the need for residents to keep up the properties in this area of Saint Paul. Councilmember Grimm left the meeting at this point and returned later in the testimony on this issue. Dan Fix, 319 Fuller Avenue said that the Fuller/Aurora Neighborhood Committee met and recommended that Mr. Mundinger be granted the variance. He responded to questions of Councilmembers regarding the permanency of the variance and long term impact on the community. Pearl Williams, a renter of the Mundinger's for 4 years said they are good landlords and have done a lot to improve their properties. Theodore Readel, 263 Aurora said he supported Mr. Mundinger's efforts to improve the neighborhood. Cheryl Mundinger, daughter of the appellant said she is going to move into the newly renovated building at 283 Aurora and urged the Council to consider recommending the variance. Lawrence Mundinger, the father of the appellant said he is moving back to Saint Paul from Florida to live in one of his son's properties. Council President Wilson recommended this item be laid over to allow the Council time to consider the evidence. After further discussion, Councilmember Guerin moved to lay over the variance for two weeks to allow for review of the alleged illegal businesses being operated out of 279 Aurora. Roll CaA Yeas - 6 Nays - 0 Laid over until August 10th. 429 July 27, 1993 Council President Wilson recognized members of the government body of Novosibirsk, Russia, St. Paul's Sister City who were touring the United States to observe the Democratic form of governmerrt. 11. Resolution - 93-1050 - rejecting Metro Waste Control Commission's 1989 Reconveyance Proposal for Bett Line & Trout Brook Interceptors. Councilmember Rettman said she was not able to contact staff on this issue and moved approval and said if necessary, the item could be reconsidered at the next Council meeting. Adopted Yeas - 6 Nays - 0 Counciimember Rettman moved to suspend the rules to introduce the following resolution. Adopted Yeas - 6 Nays - 0 Council President Wilson left the meeting during discussion of the following item. Resolution - 93-1103 - amending the 1993 Budget by increasing the spending authority in Public Health Division/Nuisance Housing Abatement Fund. Councilmember Maccabee moved approval. Adopted Yeas - 5 Nays - 0 Councilmember Guerin moved to recall from the Finance Committee the following resolution. Adopted Yeas - 5 Nays - 0 Resolution - 93-1028 - authorizing paymerrt of refunds to the estates of certain deceased firefighters of the City. Councilmember Rettman asked if there were any other firefighters estates this would pertain to. AI Johns, St. Paul Firefighters Relief Association said there were no others. Councilmember Maccabee said her questions had been answered and this was an issue of fairness. Councilmeber Guerin said this will allow the same process as for PERA members and moved approval of a substitute resolution he distributed. Adopted Yeas - 5 Nays - 0 Councilmember Long moved to suspend the rules to introduce the following resolution. Adopted Yeas - 5 Nays - 0 430 July 27, 1993 Resolution - 93-1100 - approving a two year contract between the City of Saint Paul and the Saint Paul Police Federation. Councilmember Long questioned the City Attorney 'rf this item could have its second reading at the next Council meeting. John McCormick, Assistant City Attorney said it has to be one week. Councilmember Long moved to lay over the item one week. Roll Call Yeas - 5 Nays - 0 Laid over until August 3rd. Councilmember Long moved to adjourn the meeting. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 10:35 A.M. r ATTEST: , ! :.�- % C President, William Wilson `''�r "' Minutes approved by Council r C� � City Clerk� Molly O'Rourke W�O:dmb 431