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Minutes 05-13-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, May 13, 1993 � 5:00 P.M. Council Chambers ' Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President Wiison at 5:00 P.M. Present - 7- Counciimembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson Absent - 0 - Councilmember Long moved approval of the Consent Agenda. Adopted Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION 1. Claims of Donald G. Ferry and Michelle Shears. Referred to the City Attorney's Office. . 2. Exemption Notice of Results Construction Company(creditor) against Joseph P. Lombardo dba Lowry,Square Apartments (debtor) and City of Saint Paul (garnishee). __ , 3. Mortgage Foreclosure by Action of City & County Employees Credit Union vs Debralee A. Assink et al. 4. _� Summons in Application For Registration of Land In the Matter of �dward Brooks Jr. and 1;� �rginia D. Brooks vs Allbrook Equity Partners et al. 5. Summons in Application For Registration of Land In the Matter of Westgate Holdings, Inc. vs the City of Saint Paul et al. 6. Summons & Complaint in the Matter of Adolfson & Peterson Inc. vs the City of Saint Paul. Referred to the City Attorney's Office. 7. Administrative Orders D-12412 through D-12419 noted as on file in the City Clerk's Office. 8. Resolution - 93-632 - approving the action of the Property Code Enforcement Board of . Appeals for properties at: 835 E. 5th Street, Marlene Keyser, Patrick Ferrin and Jane Carroll Appellants; and 1621 Marshall Avenue, Samuel Y. Ng Appellant. Adopted Yeas - 7 Nays - 0 267 May 13, 1992 9. Resolution - 93-633 - approving renewal of various class III licenses by: Mini Pac, Superamerica #4356, Club Food Mart & Deli, Jubilee Foods, Deafness Education Advocacy ,� Foundation/Skarda's, Rode's Hazel Park Mobil, Jimmy's Food Market, St. Paul . �Turners/John & Pauls, Deafiess Education & Advocacy Foundation/Mr. Patoms, Royal Guard Jr. Drum & Bugle Corps/Christensen's, Roy's Phillip 66, Hillcrest Certicare Repair Center, Dale & Selby Superette & Deli, North End American Legion #474 and Midway Express. (Laid over one week for adoption) Laid over until May 20th for adoption. 10. Resolution - 93-634 - approving renewal of various On Sale Uquor and Supporting Ucenses by: The St. Paul Hotel, University Club of St. Paul, Gognac McCarthy's Grill, Cozy Cantina, Ace Box Bar, The Manor, Midway Pro Bowl, Ryan's, Degidio's Bar, Hot Rods Bar & Grill, Grand 7 Saloon, Jeraldine's, Top Hat Lounge, Mitch's, Lou's Viaduct Inn, Midway Lodge, Rumours, Heartthrob Cafe & Canyon Country Bar & Nightclub, The Ground Round and Fitti's. (To be laid over one week for adoption) Laid over until May 20th for adoption. 11. Resolution - 93-635 - approving renewal of an Off Sale Liquor, Original Container and .- Cigarette License by Marthom Inc. dba Payne Avenue Liquor at 980 Payne Avenue. (fo be laid over one week for adoption) Laid over until May 20th for adoption. 12. Resolution - 93-636 - approving renewal of an On Sale Liquor Club-B, Sunday On Sale ' Liquor and Restaurant-B License by the Fraternal Order of Eagles dba St. Paul Aerie #33 at 287 Maria Avenue. (To be laid over one week for adoption) Laid over until May 20th for adoption. 13. Resolution - 93-637 - authorizing the Department of Fire & Safety Services to execute agreements with the Minnesota State Agricuftural Society and the Minnesota Army National Guard. Adopted Yeas - 7 Nays - 0 14. Resolution - 93-638 - releasing the utility easements in the east-west alley in Block 4, Lexington Park Plat 11, bounded by Scheffer, Lexington, Eleanor and Montcalm. Adopted Yeas - 7 Nays - 0 15. Resolution - 93-639 - authorizing the Real Estate Division to submit an application to Ramsey County for a tax forfeit Rarcel in conjunction with the Minnehaha/Ruth Sewer Project. Adopted Yeas - 7 Nays - 0 16. Preliminary Order - 93-640 - In the Matter of sidewalk construction and/or reconstruction ' on both sides of Brimhall Street from Hartford to Scheffer and the north side of Scheffer Avenue from Brimhall to S. Saratoga and setting date of Public Hearing for June 22, 1993. Adopted Yeas - 7 Nays - 0 268 May 13, 1993 17. Preliminary Order - 93-641 - In the Matter of sidewalk construction and/or reconstruction on the south side of Montcalm Piace from Edgcumbe to Watson and setting date of Public � Hearing for June 22, 1993. Adopted Yeas - 7 Nays - 0 18. Preliminary Order - 93-642 - In the Matter of sidewalk reconstruction on both sides of Kenneth Street from Stanford to Jefferson and setting date of Public Hearing for June 22, 1993. Adopted Yeas - 7 Nays - 0 19. Preliminary Order - 93-643 - In the Matter of sidewalk reconstruction on the west side of S. Griggs Street from Wellesley to Jefferson and setting date of Public Hearing for June 22, 1993. Adopted Yeas - 7 Nays - 0 20. Preliminary Order - 93-644 - In the Matter of sidewalk reconstruction on both sides of S. Syndicate Street from Stanford to Wellesley and setting date of Public Hearing for June 22, 1993. Adopted Yeas - 7 Nays - 0 21. Preliminary Order - 93-645 - In the Matter of sidewalk reconstruetion on both sides of Eleanor Avenue from S. Finn to S. Cretin and setting date of Public Hearing for June 22, 1993. ,. Adopted Yeas - 7 Nays - 0 22. Preliminary Order - 93-646 - In the Matter of sidewalk reconstruction on both sides of James Avenue from Kenneth to S. Cleveland and setting date of Public Hearing for June 22, 1993. Adopted Yeas - 7 Nays - 0 23. Preliminary Order - 93-647 - In the Matter of sidewalk reconstruction on both sides of S. Syndicate Street from Fairmount to Osceola and setting date of Public Hearing for June 22, 1993. - Adopted Yeas - 7 Nays - 0 24. Preliminary Order - 93-648 - In the Matter of sidewalk reconstruction on the south side of Princeton Avenue from Amherst to Wheeler and setting date of Public Hearing for June 22, 1993. � Adopted Yeas - 7 Nays - 0 22 ***�**************************************************************************** Councilmember Rettman moved to recess the meeting. � Adopted Yeas - 7 Nays - 0 269 May 13, 1993 � Council recessed for a short Housing & Redevelopment Authority (HRA) meeting 5:10 P.M. Reconvened at 5:17 P.M. Roll Call Yeas - 7 Nays - 0 31. Public Hearing 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 Video Store on the corner of Grand and Lexington Parkway. (Referred to the Housing & Economic Development Committee on April 22nd) Councilmember Thune requested the Public Hearing be continued until May 27th. Roll Cal) Yeas - 7 Nays - 0 Continue Public Hearing until May 27th. 29. Resolution - 93-649 - approving an application for an Off Sale Liquor Ucense by Claude Micius dba M.E. Liquor at 606 Selby Avenue. Bob Kessler, Ucense Division said he was not ready to make a recommendation at this time and requested a two week lay over of the Public Hearing. Councilmembers Grimm and Thune moved to continue the Public Hearing until May 27th. Roll Call Yeas - 7 Nays - 0 � Continue Public Hearing until May 27th. ORDINANCES: 25. Second Reading - 93-596 - An ordinance adopting zoning code amendments related to the East Consolidated Small Area Plan and 40 Acre Study. (Referred to Housing & Economic Development Committee on May 6th with readings to continue) Laid over until May 18th for Third Reading/Public Hearing. COMMIITEE REPORTS: 26. Resolution - 93-397 - granting a variance from Chapter 293 of the Legislative Code regarding a sound level variance from the Department of Public Works to facilitate construction along railroad tracks near 695 Watson and 676 Armstrong. (Public Works Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 27. Resolution - 93-410 - appropriating from Municipal State Aid Funds the estimated sum of , $145,000 to apply towards the bituminous overlay of Warner Road from Childs Road to Highway 61. (Public Works Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 270 May 13, 1993 PUBLIC HEARINGS: 28. Third Reading - 93-557 - An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning to finalize Council approval of a petition of HRA/Ron's Bar to rezone property at 160 Milford Street to P-1. No one appeared in opposition. ` Laid over until May 20th for Final Adoption. 30. Resolution - 92-1178 - approving the petition of the Housing & Redevelopment Authority for the vacation of the alley in Block 11, Bazil and Guerin's Addition; bounded by Seventh Street, Seventh Place, Wabasha and St. Peter Streets for the purpose of the Children's Museum. (Public Works Committee recommends approval of substitute resolution) No one appeared in opposition. Teresa Sterns, Planning & Economic Development Division reviewed the substitute resolution. Councilmember Thune moved approval of the substitute resolution. Adopted Yeas - 7 Nays - 0 32. Appeal of James C. Somers to a Vehicle Abatement Order for property at 547 Beaumont Street. (Neighborhood Services Committee recommends denial) No one appeared in opposition. Councilmember Guerin moved approval of the Neighborhood Services Committee to deny � the appeal and order clean up within 48 hours of publication of the resolution. Roll Call Yeas - 7 Nays - 0 Motion of Intent to deny appeal adopted. ` MISCELLANEOUS: � 33. Resolution -93-125 - approving organizations eligible for the 1993 10°/a Eligible Recipients ='-� List (Charitable Gambling). (Laid over from May 6th) Councilmember Maccabee reviewed the Human Services, Health & Business Regulation Committee report and moved approval of a substitute resolution. Erick Thompson, Parks & Recreation Department explained the eligibility requirements. After further discussion, Councilmember Maccabee moved approval of the substitute resolution. Adopted Yeas - 7 Nays - 0 34. Resolution - 93-470 - requesting the Planning Commission study amending the Zoning Code regarding the location of gun shops. (Laid over from May 6th) Joette Hamann spoke in support of the resolution. Jodi Bentley, 1433 Hewitt Avenue said she was in support of the moratorium on gun shop licenses and thanked the Council for their work on this issue. Councilmember Maccabee said Ellen Anderson, State Senator was in support of the moratorium. � (Discussion continued on following page) 271 � M ay 13, 1993 ; (Discussion continued from previous page) Councilmember Gu�rin questi6ned the impa�t on chain stores, such as Target, Holiday, or K-Mart that sell guns. Councilmember Maccabee said the definition fior a gun shop needs clarification. Councilmember Long discussed the gun free zones that have been established around schools in the City and the effect that it has had. After further discussion, Councilmember Maccabee moved approval. Adopted Yeas - 7 Nays - 0 PUBUC HEARING: 35. Third Reading - 93-471- An interim ordinance imposing a temporary moratorium on location of gun shops within 1,000 feet of protected uses such as playgrounds, schools and day care centers. (Human Services, Health and Business Regulation Committee recommends approval -Third Reading continued from May 11th) No one appeared in opposition. (See discussion with item # 34) ' Laid over until May 20th for Final Adoption. ADDITIONAL ITEM: 1. Resolution - 93-650 - approving relocation of the Area Development Rate (ADR) Zone from Westgate Industrial Park to a portion of Red Rock Industrial District. (Laid over from May 11, 1993) David Stolkes, a Port Authority representative spoke in support of relocating the ADR Zone and said it would promote expansion and funding opportunities for existing businesses in the Red Rock area. Council discussed Tom Weyandt, Assistant City Attorney's letter on this issue with Mr. Stokes. Richard Gehrman spoke in support of the resolution and agreed to eliminate the reference to a specific business. Phil Byrne, Assistant City Attorney responded to questions from Councilmembers and clarified issues referred to in Mr. Weyandt's letter. After further discussion, Councilmember Guerin moved approval to amend the resolution to delete the reference to North Star Steel and clarify the impact on manufacturing. businesses and moved approval. ' Adopted Yeas - 7 Nays - 0 Councilmember Grimm moved to suspend the rules to recall from Committee the following resolution. Adopted Yeas - 7 Nays - 0 272 May 13, 1993 Resolution - 93-591- approval of the issuance of bonds for refinancing of Port Authority of the City of St. Paul General Obligation Non-Tax supported development Revenue Bonds, for the Radisson Hotel St. Paul. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Grimm announced the Scout Troop's upcoming door to door drive to food donations for local foodsheNes. Counciimember Long moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 � Resolution - 93-675 - approving a request for mod�cation of parking requirements for Plum's Neighborhood Bar & Grill at 480 S. Snelling Avenue. (Public Hearing held May 6th) Councilmember Long explained this resolution finalized Council action taken at the end of the May 6th Public Hearing. After a brief discussion among Councilmembers regarding the conditions in the resolution, Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Guerin moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 6:05 P.M. � ATf EST: Council President, William Wilson ) Minutes approved by Council City CI k Molly O'Rourke �� g O:dmb 273