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Minutes 05-11-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, May 11, 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 Wilson at 9:05 A.M. Present - 6- Councilmembers Grimm, Guerin, Long, Rettman, Thune, Wilson Absent - 1 - Councilmember Maccabee (excused) Councilmember Long introduced students from Saint Paul Academy who were attending the Council meeting. Councilmember Thune requested that item # 3 be discussed at the May 18th Council meeting. Councilmember Rettman moved approval of the Consent Agenda. � Adopted Yeas - 6 Nays - 0 CONSENT AGENDA FOR ACTION 1. Claims of Bradley W. Alzen, Amy Knox, Nancy Radika, Marion J. Sanderson and Lawrence Walker. Referred to the City Attorney's Office. 2. Summons In Application for Registration of Land In the Matter of the application of Norwest Bank Minnesota, National Assn. vs The State of Minnesota et al. � Referred to the City Attorney's Office. 3. 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 until May 18th. 4. Resolution - 93-519 - approving payment of $7,500 to Gregory James Meyer in settlement of his claim against the City of Saint Paul. (Laid over from May 4th) Adopted Yeas - 6 Nays - 0 5. Resolution - 93-546 - approving the appointment of Ellen Biales to the position of Assistant to the Mayor. (Laid over from May 4th for adoption) Adopted Yeas - 6 Nays - 0 258 May 11, 1993 6. Resolution - 93-547 - approving a three year contract between the City of Saint Paul and the lnternational Brotherhood of Painters and Allied Trades Local 61. (Laid over from May 4th for adoption) Adopted Yeas - 6 Nays - 0 7. Resolution - 93-548 - approving a Collective Bargaining Agreement between the City of Saint Paul and the Minnesota Statewide District Council of Carpenters. (Laid over from May 4th for adoption) Adopted Yeas - 6 Nays - 0 8. Resolution - 93-599 - approving applications for renewal of Class III Gambling Premise Permits by: D.E.A.F. (2 locations), and Guadalupe Mexican Education Society Inc. (Laid over from May 4th for adoption) Adopted Yeas - 6 Nays - 0 9. Resolution - 93-600 - denying the appeal of Evergreen Evans to a Summary Abatement Order for property at 711 St. Anthony Avenue. (Public Hearing held September 10, 1992) Adopted Yeas - 6 Nays - 0 10. Resolution - 93-601 - denying the appeal of Susan M. Schaffer to a Summary Abatement Order for property at 1721 E. Hawthorne Avenue. (Public Hearing held September 3, 1992) Adopted Yeas - 6 Nays - 0 11:- �Resolution - 93-602 - denying the appeal of Charles H. Skon to a Summary Abatement Order for property at 1335 Searle Street. (Public Hearing held November 12, 1992) Adopted Yeas - 6 Nays - 0 12. Resolution - 93-603 - approving the action of the Properry Co�ie Enforcement Board of .� Appeals for the meeting of April 8, 1993 for properties at: 2062 Marshall Avenue, John G. �- - Mollner Appellant; 1293 Grand Avenue, Eugene V. Sitzman Appellant; 309 Dayton Avenue, Steve Ludovissie Appellant; 870 E. Cook, Norman Herauf & Gregg Hopwood, Appellants; and 556 Ashland, Donald Cameron Appellant. Adopted Yeas - 6 Nays - 0 13. Resolution - 93-604 - approving pay increases to Election Judges in Saint Paul for the upcoming fall elections. Adopted Yeas - 6 Nays - 0 14. Resolution - 93-605 - amending the 1993 Budget of the Police Department to accept a grant in the amount of $2,500. Adopted Yeas - 6 Nays - 0 15. Resolution - 93-606 - authorizing the Police Department to solicit funds for the Special Olympics Torch Run to be held May 15-23, 1993. Adopted Yeas - 6 Nays - 0 259 ' May 11, 1993 16: Preliminary Order - 93-607 - In the Matter of sidewalk reconstruction on both sides of W. Nevada Avenue from N. Grotto to appro�imately 255.65' west of N. Grotto and setting date of Public Hearing for June 15, 1993. Adopted Yeas - 6 Nays - 0 17. Preliminary Order - 93-608 - In the Matter of elimination of a curb cut at 171 Front Avenue located on the north side of Front from Albemarle to Woodbridge and setting date of Public Hearing for June 15, 1993. Adopted Yeas - 6 Nays - 0 18. Preliminary Order - 93-609 - In the Matter of sidewalk reconstruction on the east side of N. Dale Street from Portland to Ashland and setting date of Public Hearing for June 15, 1993. Adop#ed Yeas - 6 Nays - 0 19. Preliminary Order - 93-610 - In the Matter of sidewalk reconstruction on the north side of : Iglehart Avenue from Arundel to Mackubin and setting date of Public Hearing for June 15, 1993. Adopted Yeas - 6 Nays - 0 3 20. .� Preliminary Order - 93-611 - In the Matter of sidewalk reconstruction on both sides of Euclid Street from Cypress to Earl and setting date of Public Hearing for June 15, 1993. Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 93-612 - In the Matter of sidewalk reconstruction on the south side of Margaret Street from Hancock to Gotzian and setting date of Public Hearing for June 15, 1993. Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 93-613 - In the Matter of sidewalk reconstruction on both sides of E. Third Street from N. Howard`to N. McKnight and setting date of Public Hearing for June 15, 1993. Adopted Yeas - 6 Nays - 0 23. Preliminary Order - 93-614 - In the Matter of sidewalk reconstruction on both sides of Brimhall Street from Niles to Hartford and setting date of Public Hearing for June 15, 1993. �,. Adopted Yeas - 6 Nays - 0 �OMMITTEE REFERRAL: 24. Resolution - 93-615 - amending the 1993 Budget in the Polrce Department by transferring the financing & spending plans in the amount of $4,701 for narcotics investigations. (Finance) Referred to Finance Committee. 260 May 11, 1993 25. Resolution - 93-616 - amending the 1993 Budge in the Police Department by transferring the financing & spending plans in the amount of $16,152.86 to purchase replacement personal computers. (Finance) Referred to Finance Committee. 26. Resolution - 93-617 - approving the installation of a"No Parking 8:00 A.M. - 8:00 P.M. Monday-Friday except by Permit" parking restriction on Uncoln Avenue from Cleveland Avenue to 540' east on the north side and 390' east on the south side. (Public Works) Referred to Public Works Committee. ************************************************************************** Councilmember Grimm moved to suspend the rules to introduce the following resolution. Adopted Yeas - 6 Nays - 0 Resolution - 93-651 - honoring the Junior/Little Miss East Side Program and its participants. Councilmember Grimm introduced the young ladies who sang several songs for the Council. After the performance by the girls, Councilmember Grimm presented a ceremonial resolution to Greg Cincoski, Choral Director, and moved approval. Adopted Yeas - 6 Nays - 0 . ORDINANCES 27. Final Adoption - 93-399 - An ordinance amending Ordinance No. 17443, approved March 17, 1987 of the Legislative Code pertaining to parking meter zones. (Public Hearing held May 4, 1993) �=�Y Councilmember Thune moved approval. .�: Adopted Yeas - 6 Nays - 0 28. Second Reading - 93-557 - An ordinance amending Chapter 60 of the Legislative Code � pertaining to zoning to finalize City Council approval of a petition of HRA/Ron's Bar to rezone property at 160 Milford Street to P-1. (Public Hearing held February 16, 1993) Laid over until May 13th. 29�: �-Frst 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 Aprit 13, 1993) Laid over until May 18th. 30. First 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 18th. 261 May 11, 1993 � COMMITTEE REPORT: 31. Resolution -92-1789 - execution of a Lease Agreement for a five year lease of 8,555 square feet of vacant land under the Jackson Street bridge over Burlington Northern tracks to Bay West, Inc. (Public Works Committee recommends approval as amended) Councilmember Thune moved approval as amended. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS: 32. Third Reading - 93-471 - An interim ordinance imposing a temporary moratorium on location of gun shops within 1000 feet of protected uses such as playgrounds, schools and day care centers. (Human Services, Health & Business Regulation Committee recommends approval) No one appeared in opposition. Tony Shertler, Legislative Aid for Councilmember Maccabee� requested the Public Hearing be laid over until May 13th. Public Hearing laid over until May 13th. � • 33.,� �Resolution Ratifying Assessment - 93-620 - In the Matter of sidewalk reconstruction on the east side of S. Dunlap Street from Osceola to St. Clair; both sides of Manomin Avenue from W. Winona to W. Wyoming and both sides of W. Wyoming Street from Ohio to Manomin. (Pubfic Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 34. Resolution Ratifying Assessr�ent - 93-621 - In the Matter of sidewalk reconstruetion oR both sides of�Case Avenue from Weide to Arcade; both sides of E. lowa Avenue from Hazelwood to Kennard and both sides of Kennard Street from E. Montana to E. Hoyt. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 35. Resolution Ratifying Assessment - 93-622 - In the Matter of sidewalk reconstruction on the east side of S. Cleveland Avenue from Randolph to Bayard; and both sides of Griggs Street from Juliet to Palace. (Public Works Committee recommends approval) , No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 262 May 11, 1993 36. Resolution Ratifying Assessment - 93-623 - In the Matter of sidewalk reconstruction on both sides of Uncoln Avenue from S. Pascal to S. Saratoga; and both sides of Stanford Avenue from Davern to S. Wheeler. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 37. Resolution Ratifying Assessment - 93-624 - In the Matter of sidewalk reconstruction on both sides of Case Avenue from Walsh to Weide; both sides of E. Hawthorne Avenue from Cypress to Earl; both sides of E. Orange Avenue from Forest to Earl; both sides of Sims Avenue from Mendota to Forest and both sides of Sims Avenue from Walsh to Weide. (Public Works Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas- 6 Nays - 0 : 38. Resolution Ratifying Assessment - 93-625 - In the Matter of sidewalk reconstruction on the north side of W. Idaho Avenue from N. Avon to N. �ctoria and the south side of W. Idaho Avenue from N. Avon to Fisk; both sides of W. Idaho Avenue from N. Chatsworth to N. Oxford; both sides of W. lowa from N. Avon Street to N. �ctoria; both sides of W. lowa from N. Oxford Street to N. Chatsworth and both sides of W. lowa Avenue N. Oxford to Lexington Parkway. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 39. Resolution Ratifying Assessment - 93-626 - In the Matter of sidewalk reconstruction on both sides of Edmund Avenue from N. Dunlap to N. Griggs; the west side of Dunlap Street from �;: Edmund south to the alley and both sides of Englewood Avenue from N. Griggs to N. Syndicate. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approvaL Adopted Yeas - 6 Nays - 0 40. Resolution Ratifying Assessment - 93-627 - In the Matter of installation of storm sewer service stub connections as requested by the property owner in conjunction with the =' Cleveland/Magoffin Area Storm Sewer Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 263 May 11, 1993 41. Resolution Ratifying Assessment - 93-628 - in the Matter of Summary Abatement (Property clean up) #or December 1992 and January 1993 for property located at 1218 W. Seventh Street and an abandoned vehicle from April to December 1992 from property located at 633 Laurel Avenue (Laid over from April 13, 1993 - Neighborhood Services Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 42. Resolution Ratifying Assessmen# - 93-629 - In the Matter of demolition of vacant buildings for January and February 1993; boarding up of vacant buildings for December 1992; recovering administrative charges incurred by Health Department notifying property owners � to repair or demolish structures, February 1993; Summary Abatement (property clean up) for winter 1993 (includes snow removal and sanding walks) and boarding up of vacant buildings for January 1993. (Neighborhood Services Committee recommends approval) No one appeared in opposition. John Betz, Health Division, summarized the staff report and recommended 2185 Ford Parkway be laid over one month to review the properiy description.. Councilmember Guerin moved approval as amended by Committee to delete 65 Lyton Place, 1780 University Avenue, 1644 Lexington Parkway and 2185 Ford Parkway as recommended by staff. Adopted Yeas - 6 Nays - 0 43. Final Order - 93-630 - In the Matter of acquiring permanent and temporary easements in conjunction with the Davern Outlet Storm Sewer Project. (Public Works Committee recommends approval. No one appeared in opposition. Councilmember Thune moved approvaL Adopted Yeas - 6 Nays - 0 44. Appeal to a Summary Abatement Order by Michael Ramstad for property at 850 Sims � Avenue. John Betz, Health Division reviewed the history of this property and the correct status of the vehicles. Michael Ramstad said he is prepared to take the matter to court to prevent the City from removing the vehicles and claimed the City was unduly harassing him.. After discussion among Councilmembers and Mr. Ramstad, Councilmember Guerin moved approval of the Committee recommendation to deny the appeal and require the removal of the vehicle within 48 hours of publication of the resolution. Rotl Call Yeas - 6 Nays - 0 Motion of Intent adopted. • 264 May 11, 1993 MISCELLANEOUS: 45. Resolution - 93-631 - approving disbursement of Youth Program Funds (Charitable Gambling} for District 14 Community Council. (Laid over from May 4th) Counciimember Long recommended amending the resolution to request the Parks Department provide alterative funding for the rental payments in questions. Council President �Ison spoke against inserting that language in the resolution and suggested it would be more appropriate to submit that as a separate request. Councilmember Rettman spoke in opposition to funding rental payments thru the Youth Program or with other City funds. After further discussion of the above issue, Councilmember Long moved adoption. Adopted Yeas - 6 Nays - 0 Councilmember Thune moved to suspend the rules to introduce the three following resolutions. Adopted Yeas - 6 Nays - 0 Resolution - 93-654 - amending the 1993 Budget of the City Attorney's Office by transferring the Financing & Spending ftom the General Contingent Reserve to Outside Counsel. Councilmember Rettman asked that the resolution be amended to correct a typographical error. Councilmember Thune moved approval as amended. Adopted Yeas - 6 Nays - 0 Resolution - 93-652 - authorizing outside counsel to try a pending lawsuit in conjunction with the case of Timothy P. Long vs the City of Saint Paul. Councilmember Long recommended to laying the three items over until May 13th to allow for Council review and discussion with the City Attorney on contracting with other municipalities for senrices. , Councilmember Rettman spoke in favor of adding a cap on the amount paid to outside Counsel. Councilmembers discussed the amount of the cap and the need for outside counsel in � these cases. City Attorney, Natalie Hudson, explained the immediacy of the need for outside counsel on these cases and agreed to meet with Councilmember Long on his idea for contracting out services. Councilmembers agreed to amend to add a cap of $25,000. Councilmember Thune moved approval as amended. Adopted Yeas - 6 Nays - 0 Resolution - 93-653 - authorizing outside counsel to represent the City in a Workers' Compensation claim. (See discussion with item 93-652) Councilmember Thune moved approval with an amendment to cap the costs at $5,000. Adopted Yeas - 6 Nays - 0 265 � May 11, 1993 - Councilmember Guerin moved to suspend the rules to introduce the following resolution. Adopted Yeas - 6 Nays - 0 Resolution - 93-651 - approving the relocation of the Area Development Rate (ADR) Zone from Westgate Industrial Park to a portion of Red Rock Industrial District. Councilmember Guerin moved to lay over the item until May 13th. Roll Call Yeas - 6 Nays - 0 Laid over until May 13th. Councilmember Thune moved to adjourn the meeting. Adopted Yeas - 6 Nays - 0 � ADJOURNED AT 10:00 A.M. � . , , ATTEST: uncil President, William Wilson Minutes approved by Council City CI k, olly O' ourke :dmb ��-� 266