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Minutes 07-20-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, July 20, 1993 9:00 A.M. Council Chambers �� Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President Wilson at 9:10 A.M. Present - 5- Councilmembers Grimm, Guerin, Maccabee, Rettman, Wilson Absent - 2- Councilmembers Long (arrived after Consent Agenda Vote), Thune (arrived later in meeting) Councilmember Guerin requested that item # 8 be removed from the Consent Agenda for voting because he voted against the item at the Public Hearing. Councilmember Rettman asked the City Attorney what the procedure was for overriding the Civil Service Commission's veto of item # 7. Natalie Hudson, City Attorney asked that the item be held until later in the meeting to allow her time to review the charter and code. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 5 Nays - 0 CONSENT AGENDA FOR ACTION 1. Approval of minutes from the June 10 (closed session), June 17 and June 22, 1993 Council meetings. Adopted Yeas - 5 Nays - 0 2. Claims of Ralph F. Stovic (Kelly Jo Brick), Beverly A. Gedatus, Amy Knox, Jeffrey Scott Milligan and Dayton Perry. Referred to the City Attorney's Office. 3. Summons and Complaint In the Matter of George Habermaier vs the City of Saint Paul. Referred to the City Attorney's Office. 4. Letter from the Law Offices of Leonard, Street & Deinard with regards to a planned demolition of a privately-maintained parking area located at the southeast corner of Lexington and University. Referred to the City Attorney's Office. 408 July 20, 1993 5. Executive Order E-44 - that empioyees of the City of Saint Paul are to charge personal long distance telephone cails made from work to their home telephone number or to their personal long distance carrier charge card. 6. Administrative Orders D-12484 through D-12496 noted as on file in the City Clerk's Office. 7. (Discussed later in the meeting) 8. (Discussed later in the meeting) 9. Resotution - 93-1015 - finalizing Councii action of June 10th in regard to a Registered Land Survey for the Heaith One Corporation for property located at 310 Smith Avenue and 167 Grand. (Public Hearing held June 10, 1993) Adopted 5-0 *************************************************************************************** 8. Resolution - 93-1014 - affirming the Council's decision of June 17th in regard to the appeal of Ramsey Hitl Association to the St. Paul Church Home request for a Special Condition Use Permit. (Public Hearing held June 17, 1993) Councilmember Rettman moved approvat. Adopted Yeas - 4 Nays - 1(Guerin) Councilmembers Long and Thune arrived at the meeting at this point. COMMITTEE REPORT: 10. Resolution - 93-776 - authorizing the Police Department to enter into a proposed agreement with the Ramsey County Sheriff's Departmerrt. (Intergovemmerrtal Relations and Public Safety Committee recommends approval) Councilmember Maccabee asked for a review of the agreement. Chief of Police Finney and Ramsey County Sheriff Zacharias reviewed the agreement and concurred with Councilmember Rettman that this has been an on going agreement between the C'rry and County. Sheriff Zacharias said the records were used for identification and computerized dispatching. After further discussion, Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 409 July 20, 1993 PUBLIC HEARINGS: 11. Final Order - 93-910 - In the Matter of sidewalk reconstruction on both sides of Scheffer Avenue from S. Milton to W. 7th. (Laid over from July 13th) No one appeared in opposition. Tom Keefe responded to Councilmember Thune's questions regarding possible damage to tree roots at one location. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 13. Final Order - 93-944 - In the Matter of operation and maintenance services for the skyway bridge and concourse associated with the Saint Paul Athletic Club Building located at 340 Cedar Street from May 1, 1992 to July 31, 1993. (Laid over from July 6th) Councilmember Maccabee asked if this issue was a routine matter and was answered in the affirmative. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 12. Resolution Ratifying Assessment - 93-1016 - In the Matter of operation and maintenance services for the skyway bridge and concourse associated with the Saint Paul Athletic Club Building located at 340 Cedar Street from May 1, 1992 to July 31, 1993. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 14. Amended Final Order in Condemnation - 93-1017 - In the Matter of acquiring Fee Title in connection with the improvement of Shepard Road from Randolph Avenue to Chestnut Street. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 15. Final Order - 93-1018 - In the Matter of improving Iglehart Avenue from Cretin to Cleveland and Finn Street from Marshall to Iglehart with a new roadway, concrete curb and gutters and boulevards to be regraded and sodded in conjunction with the Cleveland/Marshall Area Street Paving and Lighting Project. (Public Works Committee sent to Council without recommendation) No one appeared in opposition. Councilmember Guerin said he opposed this item in Committee but would support it now due to cost savings, if the misleading references discussed in Committee to lead abatement are deleted. He asked Councilmembers to provide the same consideration with add on streets in other wards. (Discussion continued on following page) 410 July 20, 1993 (Discussion continued from previous page) - Counciimember Maccabee said the charges would be less because of the equipment aiready at the site and said the order should be amended to show the lower construction amount. Councilmembers Long and Rettman spoke in favor of the proJect. Councilmember Maccabee moved approval as amended. Adopted Yeas - 7 Nays - 0 Councilmember Thune and Grimm left at this point. 16. Fnal Order - 93-1019 - In the Matter of the proposal for streetscape improvements on City Hall/Court House Block in conjunction with the Court House Renovation Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 Councilmember Grimm returned and Councilmember Maccabee left at this point and returned later. 17. Final Order - 93-1020 - In the Matter of operating and maintaining the City-owned "Town Square" public spaces located w'rthin the fotlowing streets; Cedar, Seventh, Minnesota and Sixth. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 Councilmember Maccabee returned to the meeting. 18. Resolution - 93-1021 - approving an application for Strong Beer (Menu Item Onty) by Phat Duc Ly dba Serena Restaurarrt at 501 W. University Avenue. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 19. Resolution - 93-1022 - approving an application for a General Repair Garage, Gas Station, Original Container and Cigarette License by Alcorn Inc. dba Parkway Auto Care at 2005 Ford Parkway. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 6 Nays - 0 411 July 20, 1993 20. Resolution - 93-1023 - ordering the owner to remove or complete the repair of 1335 Searle Street. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Grimm said the resolution was amended in Committee to extend the time to six months. Chuck Votel, Health Division said that Planning & Economic Development recommended repair of the building. Councilmember Guerin said that all necessary permits and the posting of a$2,000 bond would have to be done within the six month extension. Councilmember Grimm moved approval as amended. Adopted Yeas - 6 Nays - 0 Councilmember Rettman asked clarification from Natalie Hudson, City Attorney as to the Council's procedure for overriding the veto on item # 7. Ms. Hudson said the Council can override the item anytime within 30 days of the veto with 5 votes. Councilmember Rettman moved reconsideration and moved to override the Civil Service Commission Veto. 7. Letter from the Civil Service Commission vetoing the proposed change to Civil Service Rule 19.b 2 d(C.F. 93-666 adopted by Council on June 24, 1993) which provides for a parental leave of absence without pay. Councilmember Rettman moved to override the veto. Adopted Yeas - 6 Nays - 0 21. Public Hearing on the report of the Administration Law Judge concerning all Licenses held by Michael Bartelmy, dba Mike's Towing for premises at 847 Hudson Road. Phil Byrne, Assistant City Attorney reviewed the staff report and procedural errors related to the case. Mr. Byrne said the staff supported the recommendation of the Administrative Law Judge for a settlement, which was a 30 day suspension of the licensee's General Repair Garage License with all days stayed if the owner abides by the conditions as listed on his license. Mr. Byrne said the licensee has agreed to the conditions and the conditions will continue to carryover into future renewals of the license without having additional adverse actions. Councilmember Guerin said five of the conditions were the same conditions the Council had imposed on the license a year ago and asked what was different about the conditions now. Mr. Byrne again reviewed the procedural errors. Councilmember Guerin spoke in opposition to the settlement due to the history of flagrant violations by the owner and the blighting in�uence on the community. Councilmember Maccabee spoke in opposition to the AW proposing a settlement and cited the Councils rejection of a previous case. Councilmember Rettman questioned the hearing notification on a previous Council Agenda and City Clerk O'Rourke agreed to review the records. (Discussion continued on following page) 412 July 20, 1993 (Discussion continued from previous page) Councilmember Grimm left during the discussion of this item and did not return. Councilmember Thune returned during the discussion of this item. After much discussion on the operating procedures of the licensee, the appropriateness of settlements, the impact of minimal evidence in an adverse hearing and the proceedings open to the Court. Councilmember Maccabee moved to reject the recommendation of the Administrative Law Judge and restated the adverse action process. Roll Call Yeas - 6 Nays - 0 Setttement rejected Councilmember Thune left the meeting and returned later. Councilmember Maccabee to suspend the rules to introduce the following resolution. Adopted Yeas - 5 Nays - 0 Resolution - 93-1045 - approve revised effective date of half cent sales tax from August 1, 1993 to September 1, 1993. Councilmember Maccabee moved to lay over this item until Thursday, July 22nd to resolve some drafting errors. Roll Call Yeas - 5 Nays - 0 Laid over until July 22nd. Councilmember Guerin moved to suspend the rules to introduce the following resolution. ` Adopted Yeas - 5 Nays - 0 Resolution -93-1046 - approving installation of a stop sign at the corner of 5th Street and Hazel Street. Councilmember Guerin moved approval. Adopted Yeas - 5 Nays - 0 Councilmember Thune returned to the meeting at this point. Councilmember Long moved to adjourn the meeting. Adopted Yeas - 6 Nays - 0 ADJOURNED AT 9:55 A.M. ATTEST: , .%%,��/ «-�-=� ! Council President, William �Ison / � s approve b Council City Clerk� olly O'Rourke • Mb:dmb � i q93 413