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Minutes 05-27-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, May 27, 1993 � 5:00 P.M. Council Chambers Third Floor City Hall and Court House Saint Paui, Minnesota The meeting was called to order by President �Ison at 5:20 P.M. Present - 6- Councilmembers Guerin, Long, Maccabee, Rettman, Thune, Wiison Absent - 1 - Councilmember Grimm (excused) Counciimember Rettman requested that item #4 be laid over two weeks for review. Councilmember Long moved to refer the item to the Finance Committee and it was agreed by Counciimember Rettman. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 6 Nays - 0 MISCELLANEOUS: ` 30. Youth Volunteer of the Month Award Ceremony. Councilmembers Maccabee, Thune, Rettman, and Council President Wilson for Councilmember Grimm, introduced Youth Volunteers from South St. Anthony Recreation Book Star Program, EI Rio , Orchard, and Duluth/Case Recreation Centers and thanked each for their many volunteer hours at the centers. CONSENT AGENDA FOR ACTION 1. Approval of City Council minutes for the May 4, 1993 meeting. Adopted Yeas - 6 Nays - 0 2. Letter of the Ramsey County Department of Taxation transmitting application AF 93-0290 for reduction of assessed valuation of real estate at 345 E. Plato Blvd. (Finance Department recommends approval) c.c.# 13737 3. Letter of the Ramsey County Department of Taxation transmitting application AF 93-0316 ' for reduction of assessed valuation of real estate at Riverview Industrial Park. (Finance Department recommends approval) c.c.# 13738 4. Communication from the Civil Service Commission regarding a study of the Civil Service Commission pursuant to City Charter Chapter 12.04.2. c.c. #13736 Referred to the Finance Committee. 293 May 27, 1993 5 Resolution - 93-676 - approving renewal of various On Safe Wine and Supporting Licenses by: Sena Cafe and No Wake Eafe Inc. (laid over from May 20th for adoption) Adopted Yeas - 6 Nays - 0 6. Resolution - 93-677 - approving renewal of various Class III licenses by: Rainbow Foods (2 locations), Highland Auto Repair, Total Petroleum Inc., Total Mart (3 locations), Harriet Island Parking Lot, K-Mart, RCH Inc., Tom Thumb Mkt. (5 Locations), Davanni's Pizza & Hot Hoagies, Bonfe's Auto Service Inc., Food-N-Fuel #24, Weinhagen Tire Co., Sana Food ° Market, Total Petroleum Inc, Gas/Plus, Hazel Park Amoco, Church of St. Bernard's�n Cups, Don's Gun Finishing, Highland Park Unocal, Her's Auto Body, Grand & Smith Mobil, Galtier Plaza Garage, Park Service Inc., Church of St. Bernard's/Lentsch's, Dan Burns Amoco, Eastern Heights Service, Total, Como Raymond Standard, St. Bernard's Church/Rice St. VFW Post #3877, Rice Street Spur, K'ing's Market, Parkway Amoco, Mike's Downtown Standard, Bad Habit Cafe, Court International Building, St. Paul Boom Co., and the World Theater. (laid over from May 20th for adoption) Adopted Yeas - 6 Nays - 0 7. Resolution Approving Assessment - 93-706 - In the Matter of acquiring permanent and temporary easements in conjunction with the Davern Outlet Storm Sewer Project and setting date of Public Hearing for July 6, 1993. Adopted Yeas - 6 Nays - 0 8. Resolution Approving Assessment - 93-707 - In the Matter of boardings up of vacant buildings for February, March, and April 1993; demolition of vacant buildings for March, April and May, t993; collection of administrative charges incurred by Health Department notifying property owner to repair or demolish buildings; Summary Abatements (property clean up, snow removal and/or sanding walks) for February to May, 1993 and setting date � of Public Hearing for July, 13, 1993). Adopted Yeas - 6 Nays - 0 COMMITTEE REFERRAL: 9. Resolution - 93-708 - amending the 1993 Budget by transferring $84,668 to the Financing & Spending plans of Planning and Economic Development to accept State JTPA Title III Grant for dislocated workers. (Finance) Referred to the Finance Committee. 10. Resolution - 93-709 - amending the 1993 Budget by transferring $462,000 to the Financing & Spending plans of Planning and Economic Development to accept State JTPA Title III Grant $462,�0 for dislocated workers of Northwest Airlines. (Finance) Referred to the Finance Committee. , 294 May 27, 1993 11. Resolution - 93-710 - amending the 1993 Budget by transferring $22,0� to the Financing & Spending plans of the Real Estate Division for payment of settlement between Edward Reno and the City. (Finance) Referred to the Finance Committee. ******************************************************************************** ORDINANCES 12. Final Adoption - 93-618 - An ordinance amending Chapter 60 of the Legislative Code ` pertaining to zoning to finalize� city Council approval of a petition of North End Medicai Center to rezone property at 121 Manitoba Avenue to P-1 to allow a parking lot. (Public Hearing held May 20th) Councilmember Rettman moved approvai. Adopted Yeas - 6 Nays - 0 13. Final Adoption - 93-619"- An ordinance amending Chapter 78 of the Administrative Code entitled "Etections-Election Judges" to provide for the setting of compensation and related expenses of election judges by resolution. (Public Hearing held May 20th) Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 14. Final Adoption - 93-334 - An ordinance amending the Legislative Code by enacting a provision relating to the regulation of harassing conduct. (Intergovernmental Relations Committee recommends approval of substitute ordinance - Public Hearing held May 20th) Councilmember Long moved approval. Adopted Yeas - 6 Nays - 0 COMMITTEE REPORTS: ` 15. Resolution - 93-348 - approving an Interim Wastewater Flow Determination and Allocation Report. (Public Works Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 1(Rettman) 16. Resolution -93-617 - approving the installation of a"No Parking 8:� A.M. - 8:00 P.M. Monday -Friday except by Permit" parking restriction on Lincoln Avenue from Cleveland to 540' east on the north side and 390' east on the south side. (Public Works Committee recommends approval) Councilmember Maccabee requested that the effective date of these parking regulations be ; changed from July 1 st to August 15, 1993. Councilmember Thune moved approval as amended. Adopted Yeas - 6 Nays - 0 295 May 27, 1993 PUBLIC HEARINGS: 17. Third Reading - 93-694 - An ordinance granting permission to the Port Authority, its successors and/or assigns, to install and maintain a curbside drive up bank teller on the west side of Wabasha Street south of West Fifth Street. (For Action) No one appeared in opposition. Laid over until June 3rd for Final Adoption. 18. Resolution - 93-649 - approving an application for an Off Sale Liquor License by Claude Micius dba M.E. Liquor at 606 Selby Avenue. (Laid over from May 13th) Bob Kessler, License Division reviewed the staff recommendation for adoption. Councilmember Maccabee asked Mr. Kessler what the distance from protected places (schools, churches, etc) was and Chris VanHorn, Ucense Division said they were adequate. Ms. VanHorn said the ordinance referred to on sale liquor licenses, not off sale. Mr. Kessler answered questions of Councilmembers regarding the number of liquor licenses within a four block radius. Extensive discussion ensued among Councilmembers and License Staff and it was agreed the application would be referred to an Administrative Law Judge for a Public Hearing. Members of the Community who were attending the Council Meeting asked questions of the Council as to the procedure before the ALJ and whether they would be given the opportunity to testify. The Community was not in favor of another liquor establishment in , the neighborhood so close to schools and churches. Councilmember Long moved to refer the matter to an Administrative Law Judge. Roll Call Yeas - 6 Nays - 0 Referred to an Administrative Law Judge for hearing. 19. Resolution - 93-540 - approving an application for an On Sale Malt License by Vina Plus Inc. dba Vina Plus Restaurant at 1821 W. University Avenue. (Laid over from April 29th) No one appeared in opposition. Councilmember Maccabee moved approval. Adopted Yeas - 6 Nays - 0 20. Resolution - 93-711 - approving an application for an On Sale Wine, On Sale Malt and Restaurant License by the City of Saint Paul Parks & Rec dba Como Lakeside at 1360 N. Lexington Parkway. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 21. Resolution - 93-712 - approving an application for a Second Hand Dealer Motor Vehicle , Parts and General Repair Garage License by Speedy Automotive dba A& A Auto Parts at 353 Larch Street. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 6 Yeas - 0 296 May 27, 1993 22. Resolution - 93-737 - ordering the repair or removal of the nuisance buiiding located at 1748 Beech Street. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval as amended by Committee to 5 days for repair or removal. F Adopted Yeas - 6 Nays - 0 23. Resolution - 93-726 - ordering the repair or removal of the nuisance building located at 800 Cedar Street. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 The following resolution was reconsidered to hear testimony from the License Division. 18. Resolution - 93-649 - approving an application for an Off Sale Liquor License by Claude Micius dba M.E. Liquor at 606 Selby Avenue. (Laid over from May 13th) Tom Beech, Zoning Division answered questions of Councilmembers regarding prior use of the property. Chris VanHorn, License Division answered questions referenced to by Councilmembers regarding parking requirements. Citizens and neighborhood residents said the map included with the application is incorrect and said the proposed �icensee is closer to the school than shown on the map. They asked what the notification process was for the ALJ Hearing and Mr. Kessler said the ALJ 4 Hearing would not be set until after a meeting by the Ucense Division with neighborhood residents and anyone who wished to speak at the hearing. Jerry Segal, Assistant City Attomey explained how the ALJ Hearing was conducted and who would be allowed to speak. (See additional discussion with item 18 earlier) 24. Resolution - 93-713 - ordering the repair or removal of the nuisance building located at 747 Charles Avenue. (Neighborhood Services Committee recommend lay over to June 17) Councilmembers Long and Guerin moved approval of the Committee recommendation to lay over the item. Roll Call Yeas - 6 Nays - 0 Laid over until June 17th. 25. Resolution - 93-714 - ordering the repair or removal of the nuisance building located at 619 Kent Street. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 297 May 27, 1993 26. Resolution - 93-727 - ordering the repair or removal of the nuisance building located at 57 Manitoba Avenue. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 27. Public Hearing to consider ordering the repair or removal of the nuisance building located at 887 Randolph Avenue. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Roll Call Yeas - 6 Nays - 0 Motion of Intent adopted. 28. Resolution - 93-728 - ordering the repair or removal of the nuisance building located at 1568 Summit Avenue. (Neighborhood Services Committee recommends approval as amended to 30 days) � No one appeared in opposition. Councilmembers Guerin and Thune supported the extension to 60 days and said if there was a chance to meet with neighbors and rehabilitate the property, the owner should be given the opportunity. Councilmember Rettman said she could not support an extension. Councilmember Maccabee amended the resolution to include a fence around the property and property liability insurance to be carried by the owner. After further discussion, Councilmember Long moved approval as amended to 60 days. Adopted as amended 5- 1(Retfman) 29. Resolution - 93-715 - ordering the repair or removal of the nuisance building located at 596 VanBuren Avenue. (Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Long left the meeting at this point and did not return. ADDITIONAL ITEM: 1. Resolution - 93-729 - to consider an appeal by Mid-America Entertainment of a decision by the Board of Zoning Appeals to deny two requested setback variances to permit the development of a Blockbuster �deo Store on the corner of Grand and Lexington Parkway. (Public Hearing continued from May 13th) Councilmember Rettman arnended the resolution to include the installation of a guard rail in the parking area. The Ucensee said that was satisfactory. After further discussion, Councilmember Thune moved to close the Public Hearing. Roll Call Yeas - 5 Nays - 0 298 May 27, 1993 Councilmember Thune moved to suspend the rules to recall C.F. 93-729 from Public Works Committee and moved adoption. Jerry Segal, Assistant City Attomey exptained the four conditions; Councilmember Thune renewed his motion to adopt the resolution. Adopted Yeas - 5 Nays - 0 Councilmember Maccabee moved to suspend the rules to introduce the following resolution. Adopted Yeas - 5 Nays - 0 Resolution - 93-730 - expressing the desire that future City Councils retain the modification � placing a$620,000 cap on large commercial and industrial customers of NSP made to the fee structure through the ten year franchise which is anticipated will be adopted in March, 1996. Councilmember Maccabee moved to lay over the item until June 8th. Roli Cail Yeas - 5 Nays - 0 Laid over until June 8th. Councilmember Guerin moved to suspend the rules to introduce the foilowing resolution. Adopted Yeas - 5 Nays - 0 , Resolution -93-731 - authorizing the Department of Fire & Safety Services to enter into a hazardous materials contract with the City of Maplewood. Councilmember Guerin said the City is already accepting hazardous materials from the City of Maplewood for disposal and this resolution will enable the City of Saint Paul to collect a fee for the service and moved approval. Adopted Yeas - 5 Nays - 0 Councilmember Thune moved to adjourn the meeting. Adopted Yeas - 5 Nays - 0 e ADJOURNED AT 6:40 P.M. . , ATTEST: ouncil Presi , William Wilson ��c�r�o .,���c-��oo+-� Minutes a roved b Council PP Y Assistant City Clerk, Frances Swanson �_li=� 0 7 � /99.� FS:dmb � �--- — 299