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Minutes 06-29-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, June 29, 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 9:05 A.M. , Present - 5- Councilmembers Guerin, Long, Maccabee, Rettman, Wilson Absent - 2- Councilmembers Grimm (arrived later in the meeting), Thune (arrived later in the meeting) Councilmember Rettman moved approval of the Consent Agenda. Adopted Yeas - 5 Nays - 0 CONSENT AGENDA FOR ACTION 1. �t_ Approval of minutes of the June 1(closed door) and June 3, 1993 Council meetings. Adopted Yeas - 5 Nays - 0 2. �' Claims of Nodak Mutual Insurance Company % Wayzata Claims Service, Ralph Irvin �Peterson, Rodger Richard and Dannielle: Smith. Referred to the City Attorney's Office. �; 3. � Resolution - 93-891 - approving payment of $17,500 from the Tort Liability Fund to Barbara Roberson in settlement of her claim. ' �` Adopted Yeas - 5 Nays - 0 4. Resolution - 93-892 - authorizing City officials to apply for and execute grants, permits and agreements in conjunction with the Burlington Northern Regional Trail Corridor. Adopted Yeas - 5 Nays - 0 5. :; Resolution - 93-89� - releasing the utility easements which are no longer needed in the ,,�; _vacated alley adjoining Lots 1, 2, 3, 4, and 5, Guertin's Addition located at the intersection :�� of Lexington and Grand. ;_ Adopted Yeas - 5 Nays - 0 6. fiesolution - 93-894 - moving two polling locations within District 3 for the upcoming primary election. Adopted Yeas - 5 Nays - 0 7. Resolution - 93-895 - approving an Agreement between the Independent School District # 625 and Tri-Council Locals #49, 120 and 132. (To be laid over one week for adoption) Laid over until July 6th for adoption. ' 367 June 29, 1993 8. Resolution - 93-896 - approving renewal of Various Class Iii Licenses by: Miller & Hoimes, '� Inc., Bradshaw Trucking, Dave's Auto Repair, Neighborhood House Association/Herge's, Denio Auto Clinic, Twin City Auto Pawn Inc., Computer-Tune, and the St. Clair Racquet Club. (To be laid over one week for adoption) "� Laid over until July 6th for adoption. 9. Resolution - 93-897 - approving renewal of Various Class III Licenses by: Central Place : Parking, Tonkin Vietnamese Cuisine, �'s Therapeutic Massage Center, Johnson Parking, � Earl Scheib Auto Painting, Alex J. Lake Guns, Suburban Chrysler-Plymouth Inc., ~� Superamerica #4418, Sis#er Rosalind Gefre's Professional Massage Center, Donearle and Superamerica #4416. (fo be laid over one week for adoption) Laid over until July 6th for adoption. 10. Resolution - 93-898 - approving renewal of Various On Sale Liquor and Supporting Licenses by: Mike's Bar, Minnehaha Lanes, Lendway's Lounge, S4carda's Liquors, Shervvood Lounge, Savoy Inn, Boca Chica, Beaver Lounge, Turf Club, Wileski Brother's Bar, Twisters, Original Coney Island, W.A. Frost & Company, Kernal's Korner, Checker's Nite Club, Rudolph's Bar-B-Que, Market House, Gallivan's, Sheraton Midway Hotel, Pickle's Lounge, John & Paul's Bar, Billy's �ctorian Bar, Civic Center Inn, San Antonio Grill, Mounds Park Lounge, Town House, Holiday Inn East and Sidelines Sports Bar & Nightclub. (To be laid over one week for adoption) � Laid over until July 6th for adoption. 11. Resolution - 93-899 - approving renewal of Various On Sale Liquor and Supporting Licenses •�� by: Kuby's Place, Embassy Suites Hotel/Wooley's Rest., Narducci's Lounge and the Prom Management Group Inc. (To be laid over one week for adoption) �: Laid over until July 6th for adoption. 12.� Preliminary Order - 93-900 - In the Matter of condemnation and taking of a permanent easements for the construction and future maintenance of a Flood Control Project-Stage 3 and setting date of Public Hearing for August 3, 1993. Adopted Yeas - 5 Nays - 0 ` COMMITTEE REFERRAL: ' 13. Resolution - 93-�1 - amending the 1993 Budget by approving changes to the Community Development Block Grant Fund by moving funds from the Single Family Program to the Homestead Assistance Program. (Finance/Housing & Economic Development) Referred to Finance Committee & Housing & Economic Development Committee. 14. Resolution - 93-902 - amending the 1993 Budget by approving changes to the Development Block Grant Fund by moving funds from the Commercial Rehab Program and replace them ;; ` with HRA Funds from the Rental Rehabilitation Program. (Finance/Housing & Economic � Development) Referred to Finance Committee & Housing & Economic Development. 368 June 29, 1993 , 15. Resolution - 93-903 - adopting the Selby-Snelling Small Area Plan as an amendment to the ;; Saint Paul Comprehensive Plan. (Housing & Economic Development) ' Referred to Housing & Economic Development. ORDINANCES: 16. First Reading - 93-�4 - An ordinance adopting zone code amendments related to the Selby-Snelling Small Area Plan and 40 Acre Study. (Housing & Economic Development) Referred to the Housing & Economic Development Committee. 17. First Reading - 93-905 - An ordinance amending Chapters 85, 87, 88, 89, 90, 91, 92, 93 and 94 of the Legislative Code pertaining to the rules and regulations of the Saint Paul Water Utility as recommended by the Board of Water Commissioners of the City of Saint Paul. (For Action) Laid over until July 6th for Second Reading. Councilmember Grimm arrived at the meeting at this point. , 18. ��. First Reading - 93-906 - An ordinance amending Chapter 60 of the Legislative Code . pertaining to the Zoning Code regarding Infectious Waste disposal. (For Action) - Councilmember Maccabee requested this ordinance be sent to Human Services, Health and ��Business Regulation Comm�ttee beca�ase�there were parts it that needed to be reviewed. Roll Call Yeas - 6 Nays - 0 -�_: Referred to Human Services, Health & Business Regulation Committee. 19.� Second Reading - 93-907 - An ordinance amending Chapter 60 of the Legislative code regarding rezoning of property at 270 Sherburne Avenue. (Public Hearing held May 8, 1993) Laid over until July 1 st for Third Reading/Public Hearing. PUBLIC HEARINGS: 20.� Final Order - 93-908 - In the Matter of sidewalk reconstruction on both sides of Goodhue ' Street from S. Western to Richmond and the east side of Richmond Street from Goodhue � to Superior. 5 � -Larry Markus, 383 Goodhue said the sidewalk on this block is in good condition and he questioned why the sidewalk was being replaced at this time. He said the streets were , under construction for the sewer separation and it was a real 'mess' in the area. Tom Keefe, Public Works Department said the sidewalk reconstruc#ion was in reply to four complaints on the block about defective sidewalks. Mr. Keefe said that because of the disruption with the street construction, the sidewalk construction would be postponed until next summer and said the order would be rescinded. (Continued on following page) 369 June 29, 1993 (Continued from previous page) Councilmember Guerin moved to rescind the order. Roll Call Yeas - 6 Nays - 0 RESCINDED Councilmember Thune arrived at this point in the meeting. ` 21. Final Order - 93-9Q9 - In the Matter of sidewalk reconstruction with integral curb at 26, 27, 30, 34, 36, 38, 41, 42 and 44 Kenwood Parkway. Tom Keefe, Public Works said the order has been rescinded. Councilmember Maccabee moved to rescind the order. Roll Call Yeas - 6 Nays - 0 RESCINDED 22. Final Order - 93-910 - In the Matter of sidewalk reconstruction on both sides of Scheffer Avenue from S. Milton to W. 7th Street. Robert Witter, 888 Scheffer said a tree has raised the sidewalk in front of his property and that the tree would have to be removed before the new sidewalk is installed. Councilmember Thune moved a two week layover so that Mr. Witter could meet with the Public Works staff. Mr. Keefe said he would meet with the homeowner at his property to review the sidewalk. � Roll Call Yeas - 7 Nays - 0 Laid over until July 13th. 23� Final Order - 93-911 - In the Matter of sidewalk reconstruction on the east side of Arcade ° � Street from E. Ivy to Clear. �- No one appeared in opposition. � �ouncilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 24. Final Order - 93-912 - In the Matter of sidewalk reconstruction on both sides of Clear Avenue from N. Ruth to unimproved N. Winthrop. Joyce Blom, 2036 Clear Avenue said she has a petition signed by homeowners on both sides of Clear Avenue in opposition of the �sidewalk reconstruction. Ms. Blom said there is a need for a new sidewalk in their neighborhood elsewhere and questioned why this was not being constructed at this time also. Councilmember Grimm requested a two week lay over so that Public Works staff could meet with the homeowners. Roll Call Yeas - 7 Nays - 0 Tom Keefe, Public Works said he will meet with homeowners. Laid over until July 13th. 370 June 29, 1993 25. Final Order - 93-913 - In the Matter of sidewaik reconstruction on the east side of Edgerton Street from E. Ivy to Sherwood. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 26. Final Order - 93-914 - In the Matter of sidewalk reconstruction on both sides of E. Hoyt Avenue from Germain to Kennard. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 27. Final Order - 93-915 - In the Matter of sidewalk reconstruction on both sides of E. Idaho Avenue from Kennard to Flandrau. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 28. _ Final Order - 93-916 - In the Matter of sidewalk reconstruction on the north side of E. Ivy Avenue at 1827 E. Ivy Avenue. No one appeared in opposition. = Councilmember Thune moved approvaL Adopted Yeas - 7 Nays - 0 ; ' 29. Final Order - 93-917 - In the Matter of sidewalk reconstruetion on the south side of E. Maryland Avenue from N. White Bear to Van Dyke. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Thune moved to suspend the rules to introduce the following resolutions for adoption. Adopted Yeas - 7 Nays - 0 30. Resolution - 93-927 - approving an application for a Class B Gambling Location License by Pat McGovern's Inc. dba Pat McGovern's at 225 W. 7th Street. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 Resolution - 93-928 - approving an application for a new State Class B Gambling Premise Permit by Neighborhood House Association at Pat McGovern's, 225 W. 7th Street. No one appeared in opposition. ° Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 371 June 29� 1993 Resolution - 93-929 - approving an application for a new Gambling Manager's License by Linda Pederson dba Neighborhood House Association at Pat McGovern's, 225 W. 7th � Street. No one appeared in opposition. -' Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 ` 31. Resolution - 93-918- approving the City's request for vacation of flood wall areas over part - of blocks 19 and 20, town of Brooklynd and part of Fenton Street bounded by the Lafayette Bridge, Fillmore Avenue and southerly of the Mississippi River. No one appeared in opposition. Councilmember Rettman asked that the parcels on pages 2 and 3 be identified. Councilmember Thune moved approvaL Adopted Yeas - 7 Nays - 0 32. - Amended Final Order - 93-881 - In the Matter of acquiring a permanent utility easement over, under and across the Soo Line Railroad right-of-way in conjunction with the Palace/Toronto Area CSSP Project. (Laid over from June 22nd) No one appeared in opposition. - Councilmember Thune moved approvat as amended. Adopted Yeas - 7 Nays - 0 33.- Resolution - 93-704 - approving the vacation of York Avenue from Agate Street to a point approximately 165 east and also a 16' easement along the east side of Block 4, Ed Rices ��� 3rd Addition, Bounded by Agate, Sims, Cayuga and the Soo Line Railroad. (Laid over from � � June 22nd) � No one appeared in opposition. �� Councilmember Rettman requested this item be laid over one week. Roll Call Yeas - 7 Nays - 0 Laid over until July 6th. � Councilmember Thune moved to suspend the rules to introduce the following resolution for adoption. Adopted Yeas - 7 Nays - 0 Resolution - 93-926 - approving an application for On Sale Liquor-C, Sunday On Sale Liquor, Grocery-A and Restaurant-B License by Kusmierz Market Inc. at 235 E. 6th Street. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 �,. � 372 June 29, 1993 34. Resqlutiqn - 93-783 - imposing the 1/2 cent sales tax. (Laid over from June 15th) ; Adopted as amended 5-2 (Guerin, Rettman) Lfoyd Peterson, Dan Bartholmy,1057 Ashland, Mike Butcher, Murphy Warehouse, and Tom � Hatcher, City Center Inc. said they supported the increase in sales tax and reviewed the reasons needed for additional funds in Downtown Saint Paul. Carl Kermeier from the Saint Paul Chamber of Commerce said he supports the increased sales tax to renovate the Civic Center. He said it will increase jobs in Saint Paul and will support existing jobs. Michelle Raymond, 2150 Mitchell, Festival of Nations organizer said the festival is outgrowing the Civic Center and an expansion is long over due. Craig Skiem cited an April, 1992 Civic Center expansion report and said it outlined the needs for a larger Center in Saint Paul. Bob Wheeler, Midwest Distributing said the Civic Center expansion is necessary to keep it competitive in the Twin Cities in attracting conventions and trade shows. Bill Morressey, General Manager of the Saint Paul Hotel said they supported the sales tax increase and agreed with previous speakers that it was important to the Downtown survival to renovate the Civic Center. Bill Conner, a representative of the Ordway Center said they were in support of the tax = increase. ' :�; Sam Verdeja a representative of the multi cultural organization said they were in support of �_ the sales tax to be used in renovating the neighborhoods and said more of the tax money should be designated to the arts in Saint PauL - Patrick Rubel, 501 Holly, Director of the World Theater said he supported the increased tax - but he would like to have more of the tax increased used for the Cultural Corridor. = Eve Stein, 1302 Bayard said she is opposed to any more tax increases and that an increase would hurt people on fixed incomes. w< Jerry Isaacs, candidate for Mayor of Saint Paul, said he is opposed to the tax increase and said the citizens of Saint Paul need a way to fight back. He said he will petition for a referendum to put the question of the sales tax on the ballot this fall. Mary Jane Rachner, 1970 Pinehurst said she is opposed to the sales tax increase and told the Council if they dropped support of the increase, she would not seek any more city offices in upcoming elections. Christy Williams, 345 No. Wabasha said she is in support of the tax increase. .: Fred Sande, candidate for Mayor of Saint Paul, said he is against the tax increase and said �� he would support Mr. Isaacs in petitioning a referendum to have the question put on the :.�.. ballot this falL <- John Brink, Greentree Financial Corporation representative said they supported the sales tax increase. � �After further discussion, Councilmember Thune moved to close the Public Hearing. Roll Call Yeas - 7 Nays - 0 Councilmember Long moved approval of the substitute resolution. Adopted Yeas - 7 Nays - 0 Councilmembers discussed several amendments that were adopted as friendly amendments by all Councilmembers. (Continued on following page) 373 June 29, 1993 (Continued from previous page) Councilmember Rettman amended the resolution to include a review at the end of one year and allocations for the first year expenditures. Pam Wheelock, Budget Department clari�ied the need for a monthly summary of revenue. Councilmember Guerin said he wiil not support the increased tax and said it was not going to bene�t the businesses in Saint Paul. � After further discussion, Councilmember Long moved approval. Adopted Yeas - 5 Nays - 2(Guerin, Rettman) Q The Council meeting was recessed for frve minutes. ADDITIONAL ITEMS: 1. Resolution - 93-705 - changing the rate of pay for 38 female dominated classifications. (Finance Committee recommends approval and laid over from June 24th) Councilmember Rettman moved approval of the Committee report. Councilmember Long said the City needed to move forward to support the Committee and staff reports. Councilmember Maccabee said she could not support the resolution. Councilmember Guerin said he was standing by his previous statements and said he could not vote for the AFSME proposal. ' Councilmembers Rettman and Long moved approval of the amended substitute resolution. Adopted Yeas - 5 ^� Nays - 2(Guerin, Maccabee) 2. Resolution - 93-819 - approving the Pay Equity Report. (Finance Committee recommends approval and laid over from June 24th) (See discussion with above item) . Councilmembers Rettman and Long moved approval. Adopted Yeas - 5 Nays - 2(Guerin, Maccabee) 3. Resolution - 93-907 - requesting that the Mayor's Office prepare a feasibility study on offering a"1993 Early Retirement Incentive Program" (laid over from June 24th) Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 AD OURNED T 9:55 A.M. �. ATTEST: ounci esident, �Iliam Wilson ��� � ��� Minutes approved by Council Assistant City Clerk, Frances Swanson a 3 FS:dmb 374 �