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Minutes 05-25-1993 MINUTES OF THE SAINT PAUL CITY C4UNCIL Tuesday, May 25, 1993 � 9:00 A.M. Council Chambers Third Floor Cifiy Hall and Court House Saint Paul, Minnesota The meeting was called to order by �ce President Rettman at 9:05 A.M. Present - 5- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman Absent - 2- Councilmembers Wilson (excused), Thune (arrived later in the meeting) Councilmember Grimm requested that item # 8 be referred to the Finance Committee. Councilmember Grimm moved approval of the Consent Agenda as amended. Adopted Yeas - 5 Nays - 0 CONSENT AGENDA FOR ACTION ' 1. Approval of minutes from the April 29, 1993 City Council meeting. Adopted Yeas - 5 Nays - 0 2. Claims of Linda Kollasch and Charlotte Legan. Referred to the City Attorney's Office. 3. Letter of the Valuation Engineer recommending a date of Public Hearing of June 29, 1993 to consider the petition of the City for the vacation of floodwall areas bounded by the Lafayette Bridge, Fillmore Avenue and the Mississippi River. 4. Letter from the Department of Planning, Zoning Division setting a date of Public Hearing for June 15, 1993 in the matter of rezoning property at 640 Jackson Street, St. Paul-Ramsey Medical Center applicant. 5. Resolution - 93-695 - approving the appointment of Robert Engelhardt and reappointment of �c Wittgenstein and Nancy Tracy to the Carousel Board. (To be laid over one week for , adoption) Laid over until June 1 st for adoption. ' 6. Resolution - 93-659 - approving an application for renewal of an Off Sale Uquor Ucense by 350 Market Street Inc., dba The St. Paul Hotel at 350 Market Street. (Laid over from May 18th for adoption) Adopted Yeas - 5 Nays - 0 288 May 25, 1993 ` 7. Resolution - 93-660 - approving appiications for renewal of various Class III Licenses by: Superamerica #4420, Superamerica #4421, Curts & Son Radiator Repair, Alter Trading Corp., Minnesota Choppers, Superamerica #4419, Midwest Federal Building, Superamerica #4409, Superamerica #4428, Superamerica #4425, Superamerica #4413, Superamerica #4430, Concord Texaco tnc., and St. Paul Indoor Tennis Club. (Laid over from May 18th for adoption) Adopted Yeas - 5 Nays - 0 8. Resolution - 93-696 - requesting the City Attorney to examine methods to contain the costs of Baloga v. Maccabee and report back to the Council on June 1, 1993. Referred to the Finance Committee. 9. Resolution - 93-697 - approving the disbursement of Youth Programs Funds (Charitable Gambling). Adopted Yeas - 5 Nays - 0 10. Resolution - 93-698 - approving organizations to the 1993 10°� Eligible Recipients list (Charitable Gambling). ` Adopted Yeas - 5 Nays - 0 COMMITTEE REFERRAL: � � 1=1. Resolution • 93-699 -� approving the changes in the Rules and Regulations of the Youth ...: Programs Fund as recommended by the Youth Programs Fund Advisory Board. (Human Services, Health & Business Regulation). Referred to Human Services, Health & Business Regulation Committee. ORDINANCES Councilmember Thune arrived at the meeting during discussion of the following item. 12. First Reading - 93-7� - An ordinance amending Appendix C, Section 5 of the Legislative Code relating to franchise fees so that franchise fees will not increase in such a way as to penalize a customer for significantly expanding their business. (For Action) •- Councilmember Maccabee requested this item be referred to the Human Services, Health & Business Regulation Committee for discussion at the May 27th Committee meeting with ` the readings to continue. Roll Call Yeas - 6 Nays - 0 Referred to Human Senrices, Health & Business Regulation Committee with readings to -� �� continue. 289 May 25, 1993 13. First Reading - 93-701 - An ordinance amending Sections 6.07, 8.05 and 13.03.1, Clause 1 of the City Charter as recommended for passage by the Saint Paul Charter Commission; pursuant to M.S. 410.12, subd.7 (deleting the requirements for publication of resolutions from the Council). (For Action) Councilmember Rettman said there was no way should could support this ordinance. Councilmember Guerin said that since Councilmember Rettman would not change her mind and 7 votes were needed to pass a charter item, this ordinance should be withdrawn. Roll Call Yeas - 6 Nays - 0 Withdrawn COMMITTEE REPORT: . 14. Resolution -93-422 - approving application for a Hotel/Motel-50 Rooms License by Catholic Charities, 181 Old 6th Street. (Housing & Economic Development Committee recommends approval) Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS: 15. Resolution Ratifying Assessments - 93-702 - In the Matter of acquiring temporary easements for the Goodrich/Smith Area Sewer Separation Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 16. Resolution Ratifying Assessments - 93-703 - In the Matter of acquiring temporary and permanent easements for the Edgcumbe/St. Dennis Area Sewer Separation Project. (Public Works Committee recommends approval) No one appeared in opposition. _ Councilmember thune moved approval. Adopted Yeas - 6 Nays - 0 17.; Public Hearing to consider the request of MADA Services Inc. to rezone a portion of 270 A Sherburne Avenue from RT-1 to B-3 to allow for added parking and possible future expansion. (The Planning Commission recommends approval) Kady Dadlez, Planning & Economic Development Department reviewed the staff report and said the Planning Commission's recommendation was for approval. Ella Heriyer, 270 Sherburne Avenue and her daughter, who spoke for Ms. Heriyer, said she was concerned about rezoning the property and having additional traffic in front of her home. She also expressed concern about the safety of children in the proposed park. (Discussion continued on following page) 290 May 25, 1993 (Discussion continued from previous page) Mr. Wallace, 276 Sherburne Avenue said he was concerned also with the additionai traffic on the street during late hours. Liz Stevens, Legislative Aide for Council President Wilson reviewed the plan and answered questions of Councilmembers. Ms. Stevens agreed to meet with Ms. Heriyer and Mr. Wallace and review the rezoning plans with them. After further discussion, Councilmember Maccabee moved adoption of the motion of intent to rezone the property. Roli Call Yeas - 6 Nays - 0 Motion of Intent Adopted. 18. Resolution - 93-704 - approving vacation of York Avenue from Agate Street to a point approximately 165 feet east and also a 16' easement along the east side of Biock 4, Ed ` Rices 3rd Addition, bounded by Agate, Sims, Cayuga and the Soo Line Railroad. No one appeared in opposition. Councilmember Thune said the Public Works Committee recommended a lay over to June 8th. Roll Call Yeas - 6 Nays - 0 Laid over until June 8th. MISCELLANEOUS: 19. Resolution - 93/693 - granting informal approval to the Bank of Saint Paul to construct a curbside drive up bank teller on the west side of Wabasha Street south of Fifth Street. (Laid over from May 18th) Councilmember Maccabee recommended that the Public Works Department contact surrounding businesses and get their input into this matter. She said that parking for other businesses may be affected by this resolution. Councilmember Thune agreed and moved approval. Adopted Yeas - 6 Nays - 0 20. Second 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. Laid over until May 27th for Third Reading/Public Hearing. 21. Communication from Mayor Scheibel vetoing C.F. 93-503 - which upheld an appeal to the granting of a special condition use permit (SCUP) for a Bed & Breakfast at 284 Exchange Street; SCUP applicants Gayle Gilliand and Lila M. Scully. (Laid over from May 18th) Councilmember Thune said that Planning & Economic Development Department requested this item be laid over until June 1 st. Councilmember Long moved to lay over until June 1 st. Roll Call Yeas - 5 Nays - 1 Abstain - 1(Thune) Laid over until June ist. 291 May 25, 1993 Councilmember Long moved to adjourn the meeting. Adopted Yeas - 6 Nays - 0 ADJOUR D 9:25 A.M. ATTEST: Council Vice President, Janice R. Rettman 'q�� �`���Q �� Minutes a proved b Council P Y Assistant City Clerk, Frances Swanson � ,�. 2_ � 9 93 FS:dmb 292