Minutes 05-18-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, May 18, 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 Wiison at 9:00 A.M.
Present - 4- Councilmembers Grimm, Maccabee, Rettman, Wilson
. Absent - 3- Councilmembers Guerin (excused), Long, Thune (both arrived during Mayor
Scheibel's presentation)
Mayor Scheibel read a proclamation designating May 18, 1993 as Police Memorial Day
in recognition of Police officers who have been died in the line of duty. Mayor Scheibel
introduced and presented the proclamation to Jan Sackett, wife of slain Police Officer
James Sackett, who died while answering an emergency call 15 years ago.
Councilmember Rettman questioned the overall Public Works costs related to item # 8
and requested that the issue be discussed in the Public Works Committee so that the
resolution can proceed today.
Councilmember Grimm moved approval of the Consent Agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of minutes of the City Council meetings of April 13 and 20, 1993.
� Adopted Yeas - 6 Nays - 0
2. Claim of Beverly I. West.
Referred to the City Attorney's Office.
3. :s Administrative Orders D-12419 thru D-12426 noted as on file in the City Clerk's Office.
4. Letter of the City Attorney announcing date for Public Hearing of May 26, 1993 before an
Administrative Law Judge pertaining to adve�se action against licenses held by Mlchael
Bartelmy dba Mike's Towing at 847 Hudson Road.
5. Resolution - 93-655 - approving an agreement between the City of Saint Paul Public Health
and the County of Dakota to provide tuberculosis control services to the Dakota County
Public Health Department.
Adopted Yeas - 6 Nays - 0
274
May 18, 1993
6. Resolution • 93-656 - approving an agreement between the City of Saint Paul Public Health
and the County of Washington to provide tuberculosis control services to the Washington
County Public Heaith Department.
Adopted Yeas - 6 Nays - 0
7. Resolution - 93-657 - approving a request for an extension of time to complete the work
being done on a vacant buiiding at 680 Fairmount.
- Adopted Yeas - 6 Nays - 0
8. Resolution - 93-658 - approving the submission of Part II of the application for an NPDES
Permit to discharge storm water into the Mississippi River.
Adopted Yeas - 6 Nays - 0
(Concept to be discussed in the Public Works Committee)
9. Resolution - 93-659 - approving an application for renewal of an Off Sale Liquor License by
350 Market Street Inc. dba The St. Paul Hotel at 350 Market Street. (To be laid over one `
week for adoption)
Laid over until May 25th for adoption.
10. Resolution - 93-660 - approving applications for renewal of various Class III Ucenses 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 Inc., and St. Paul Indoor Tennis Club. (To be laid over one week
for adoption)
Laid over until May 25th for adoption.
11 r Preliminary Order - 93-661 - In the Matter of acquiring a permanent utility easement over,
, under and across the Soo Line Railroad Right-of-Way and setting date of Public Hearing for
June 22, 1993.
Adopted Yeas - 6 Nays - 0
12. P�reliminary Order - 93-662 - In the Matter of sidewalk reconstruction with integral curb on
the south side of E. Tenth Street from Jackson Street to Sibley and setting date of Public
Hearing for June 15, 1993. `
- Adopted Yeas - 6 Nays - 0
13. Preliminary Order - 93-663 - In the Matter of sidewalk reconstruction on the north side of
College Avenue from Old Kellogg BNd. to W. Kellogg Blvd. and setting date of Public
Hearing for June 15, 1993.
, __Adopted Yeas - 6 Nays - 0
275
May 18, 1993
14.. Preliminary Order - 93-664 - In the Matter of sidewalk reconstruction with retaining wall and
. integral curb on ttle south side of E. Fourth Street from approximately 1�' east of Wacouta
to approximately 150' east of Wacouta and setting date of Public Hearing for June 22, 1993.
Adopted Yeas - 6 Nays - 0
COMMITTEE REFERRAL:
15. Resolution - 93-665 - approving continuation of a contract between Planning & Economics
Development and the Federal Lobbyist for legislative services during the 1993 Legislative
Session. (Finance)
Referred to the Finance Committee.
16. Resolution - 93-666 - amending the Civil Service Rules concerning Leave of Absence.
(Finance)
Referred to the Finance Committee.
ORDINANCES
17. Second Reading - 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 Medical
Center to rezone property at 121 Manitoba Avenue to P-1 to allow a parking lot. (Public
Hearing held April 13th)
Laid over until May 20th for Third Reading.
18. Second Reading - 93-619 - An ordinance amending Chapter 78 of the Administrative Code
entitled "Elections-Election Judges" to provide for the setting of compensation and related
expenses of election judges by resolution. (For Action)
Laid over until May 20th for Third Reading.
19. Second Reading - 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)
Councilmember Long moved approval of the substitute ordinance drafted in Committee.
• _- Roll Call Yeas - 6 Nays - 0
� Laid over until May 20th for Third Reading.
COMMITTEE REPORTS:
20. Resolution - 93-458 - amending the 1993 Budget of Planning & Economic Development to
remove $127,700 Consultant Funds from Contingency. (Finance Committee recommends
approval as amended)
Councilmember Rettman moved approval as amended in Finance Committee.
Adopted Yeas - 6 Nays - 0
276
May 18, 1993 `
21. Resolution - 93-459 - amending the 1993 Budget to release $319,850 Capital Improvement
Bonds funding for the Downtown Building Telephone System from Contingency. (Finance
Committee recommends approval)
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
22. Resolution - 93-460 - amending the 1993 Budget by transferring $150,856 to the financing
& spending plans of the 1993 Capital Improvement Program's Municipal State Aid
Contingency Project. (Finance Committee recommends approval)
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
23. Resolution - 93-461 - amending the 1993 Budget by transferring $50,0� from CIB
Contingency to complete addition to the Neighborhood House/EI Rio Vista Recreation
Center. (Finance Committee recommends approval)
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
24. Resolution - 93-462 - amending the 1993 Budget of Public Works by transferring spending
& financing from various capital projects. (Fnance Committee recommends approval)
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
PUBLIC HEARINGS:
25. Third Reading - 93-596 - An ordinance adopting zoning code amendments related to the
- East Consolidated Smalt Area Plan and 40 Acre Study. (Referred to the Housing &
Economic Development Committee on May 6th with readings to continue)
No one appeared in opposition.
�� Councilmember Grimm said the Council had discussed continuing the Public Hearing until
June 17th at the time the Second Reading was held and moved to lay over the item.
Roll Call Yeas - 6 Nays - 0
Continued Public Hearing until June 17th.
26. Resolution Ratifying Assessments - 93-667 - In the Matter of condemning and taking a
permanent easement for sewer purposes in conjunction with the Palace/Toronto Area
Storm Sewer Project. (Public Works Committee recommends approval) s
No one appeared in opposition.
� Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
277
M ay 18, 1993
27. Resolution Ratifying Assessments - 93-668 - in the Matter of sidewalk reconstruction on the
east side of Bidwell Street from W. Delos to Prospect; the north side of W. Colorado Street
from Hall to Winslow; both sides of W. George Street from Manomin to Smith; the west side
of Hall Avenue from W. Colorado to Prospect; both sides of Manomin Avenue from W.
Wyoming to W. Annapolis and the south side of Prospect Blvd. from Hall to Bidwell. (Public
Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
' Adopted Yeas - 6 Nays - 0
28. Resolution Ratifying Assessments - 93-669 - In the Matter of sidewalk reconstruction on
both sides of Dewey Street from Iglehart to Carroll; both sides of Iglehart Avenue from
Dewey to N. Prior; both sides of Iglehart Avenue from N. Prior to Moore; both sides of
Iglehart from N. Wilder to N. Cleveland; the east side of Moore Street from Iglehart to
Merriam; the west side of Moore Street from Iglehart to Carroll; the west side of N. Wilder
Street from Iglehart to Roblyn and the east side of N. Wilder Street from Iglehart to Carroll
Avenue. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
29. Resolution Ratifying Assessments - 93-670 - In the Matter of installation of storm sewer
service connections, as requested by property owners, for the Arlington/Western Area
Storm Sewer and Street Paving and Lighting Project. (Public Works Committee
recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
° Adopted Yeas - 6 Nays - 0
30. Resolution Ratifying Assessments - 93-671 - In the Matter of sidewalk reconstruction on the
west side of Atlantic Street from E. Fifth to 60 feet north of E. Fifth and both sides of E. Fifth
Street from Atlantic to Johnson Parkway. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
31. Resolution Ratifying Assessments - 93-672 - In the Matter of condemning and taking a
permanent easement for public utility purposes in conjunction with the Minnehaha/Ruth
Area Storm Sewer Project. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
� 278
May 18, 1993
32. Finai Order - 93-673 - in the Matter of constructing a sanitary sewer and service
connections in Palace Avenue from Daly to approximately 130' west of Daly. (Public Works
Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
33. Resolution - 93-381 - approving an application for an On Sale 3.2 Malt, Laundry/DC Plant,
Restaurant-C and Two Mechanical Amusement Device Licenses applied for by Three Lakes
Development Limited Partnership II dba Duds N Suds at 608 W. University Avenue. (Public
Hearing laid over from May 4th)
No one appeared in opposition.
Chris VanHorn, License Department said the applicant was within 300' of an accredited
school, which is in violation of the City Code, and as a result the applicant is withdrawing
their application for a 3.2 Malt Liquor license.
Councilmembers discussed the process for deleting the 3.2 Malt License.
Councilmember Thune moved to approve the resolution with the deletion of the Malt £
Ucense.
Roll Call Yeas - 6 Nays - 0
After further discussion with Ms. VanHorn, Councilmember Thune moved to reconsider and
withdraw the resolution.
€ Rol! Call Yeas - 6 Nays - 0
WITHDRAWN
34. Resolution - 93-674 - approving an application for a Game Room and 2 Mechanical
Amusement Device Licenses by Good Clean Fun Development Inc. dba Duds N. Suds at
608 W. University Avenue.
No one appeared in opposition.
Chris VanHorn, License Division explained this resolution replaced C.F. 93-381.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
MISCELLANEOUS:
35. Public Hearing on the Public Works recommendations regarding an interim plan for
accepting the Belt Line and Trout Brook Interceptors being declared surplus by the ,
Metropolitan Waste Control Commission (MWCC).
Councilmembers Thune and Rettman moved to lay over and continue the Public Hearing
until June 1 st and hold a joint Finance and Public Works Committee meeting on this issue.
Roll Call Yeas - 6 Nays - 0
Public Hearing continued until June 1 st and referred to both Committees.
279
M ay 18, 1993
36., 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 11th)
�' `After a brief discussion, Councilmember Rettman moved to lay over the item because the
author, Councilmember Guerin was absent.
Councilmember Thune abstained ftom the vote due to a financial conflict of interest.
Roll Call Yeas - 5 Nays - 0
Continued until May 25th.
Councilmember Thune moved to suspend the rules to introduce the following items to be
laid over one week.
Adopted Yeas - 6 Nays - 0
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.
Councilmember Thune moved to lay over the item until May 25th.
� Roll Call Yeas - 6 Nays - 0
Laid over until May 25th.
First 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.
Councilmember Thune moved to !ay over the item until May 25th.
Roll Call Yeas = 6 Nays - 0
Laid over until May 25th.
Councilmember Long moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 9:35 A.M.
. �
.
� ATTEST: �
ouncil President, William Wilson
� �
Minutes approved by Council
City Cle k, olly O'R urke
:dmb ' 3
280