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
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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
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City Clerk� olly O'Rourke •
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