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Minutes 05-06-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, May 6, 1993 _. 5:00 P.M. Council Chambers ,_ Third Floor City Hail and Court House Saint Paul, Minnesota The meeting was cailed to order by Councilmember Thune at 5:10 P.M. Present - 4- Councilmembers Grimm, Guerin, Maccabee, Thune '� Absent - 3- Councilmembers Long (arrived during discussion of the Consent Agenda), Rettman, (excused iil), Wilson. City Clerk O'Rourke said item # 7 needed to be laid over indefinitely as the proper Public Hearing procedure had not been followed by the Public Works Department. Councilmember Thune said item # 22 did not need to be referred to the Public Works Committee and recommended it be removed from the Consent Agenda and adopted today. Councilmember Grimm moved approval of the Consent Agenda as amended. Adopted Yeas - 5 Nays - 0 CONSENT AGENDA FdR ACTION 1. Approval of City Council minutes from April 6 and April 8, 1993. Adopted Yeas - 5 Nays - 0 2. Letter from the Valuation Engineer setting date of Public Hearing for June 15, 1993 in the petition of Patricia M. Krezowski for the vacation of part of Highland Park bounded by Shelby Place, Edgcumbe Road and W. Seventh Street. 3. Letter of the City Attorney's OfFce setting a date of Public Hearing before an Administrative Law Judge for June 2, 1993 in the Matter of the License Application of St. Paul Firearms Company, 634 Snelling Avenue. 4. Letter of the Ramsey County Department of Taxation transmitting application AB-92-6195 � for reduction of assessed valuation of real estate at 1205 and 1225 Westminster Street. (Department of Finance recommends approval) c.c.# 13733 5. Letter of the Ramsey County Department of Taxation transmitting application AB-93-0256 for reduction of assessed valuation of real estate at 1021 Bandana Boulevard East. (Department of Finance recommends approval) c.c.# 13734 251 May 6, 1993 6. Letter from Planning & Economic Development providing a Status Report on Board of Zoning Appea( Voting Study as requested by City Council on May 28, 1992 (C.F. 92-480) 7. : Resolution -93-579 - approving a noise variance of one hour in the morning and one hour in the evening for construction on Grove, Cedar, and Constitution Streets as part of the 1993 35E/University CSSP. Laid over indefinitely Yeas - 5 Nays - 0 8. Resolution - 93-580 - approving transfer of ownership of 508 Jefferson from the City of Saint Paul to the Housing & Redevelopment Authority by quit claim deed. Adopted Yeas - 5 Nays - 0 � 9. Resolution - 93-581 - denying the appeal to a Summary Abatement Order by Charles Skon for property at 1335 Searle Street. (Public Hearing held November 24, 1992) Adopted Yeas - 5 Nays - 0 10. Resolution - 93-582 - denying the appeal to a Summary Abatement Order by �ncent Galindo for property at 871 E. Magnolia Avenue. (Public Hearing held December 3, 1992) Adopted Yeas - 5 Nays - 0 11.� Resolution - 93-583 - approving payment of $22,000 to Edward Reno in payment of his claim against the City. Adopted Yeas - 5 Nays - 0 COMMITfEE REFERRAL: 12. Resolution - 93-584 - amending the 1993 Budget of Public Works by adding $33,600 to the financing & spending plans for the University Avenue Signal Revisions. (Finance) Referred to the Finance Committee. 13. Resolution - 93-585 - amending the 1993 Capital Improvement Budget by transferring spending and financing from the Combined Sewer Separation Paving Program, 1993 Major Sewer Repairs and 1993 Municipal State Aid Contingency Projects to the Combined Sewer Separation Program. (Finance) Referred to the Finance Committee. 14. Resolution - 93-586 - amending the 1993 Capital Improvement Program by transferring spending and financing from the Combined Sewer Separation Paving Program, 1993 Major Sewer Repairs and Marshall Reconstruction projects to the Combined Sewer Separation Program. (Finance) Referred to the Finance Committee. 252 May 6, 1993 15. Resolution - 93-587 - amending the 1993 Capitai Improvement Program by transferring spending and financing from the Combined Sewer Separation Paving Program and the 1993 Major Sewer Repairs projects to the Combined Sewer Separation Program and adding financing from Water Utiliry and Minnesota Dept. of Transportation agreements. (Finance) Referred to the Finance Committee. 16. Resolution - 93-588 - amending the 1993 Capital Improvement Program by transferring spending and financing from the Combined Sewer Separation Paving Program and the 1993 Major Sewer Repairs projects to the Combined Sewer Separation Program. (Finance) Referred to the Fiance Committee. 17. Resolution - 93-589 - amending the 1993 Capital Improvement Program by transferring � spending and financing from the Combined Sewer Separation Paving Program, Nokomis/Case paving project and the 1993 Major Sewer Repairs projects to the Combined Sewer Separation Program and adding financing from Water Utility Agreement. (Finance) Referred to the Finance Committee. 18. Resolution - 93-590 - amending the 1993 Budget of Cable Communications to accept a $30,000 grant from Continental Cablevision. (Finance) Referred to the Finance Committee. 19. Resolution - 93-591 - approve issuing bonds for a refinancing of Saint Paul Port Authority General Obligation Non-Tax Supported Development Revenue Bonds, Series 1987-3 and 1988-1 for the Radisson Hotel Saint Paul. (Housing & Economic Development) Referred to the Housing & Economic Development Committee. 2Q:�� Resolution - 93-592 - adoption of the East Consolidated Small Area Plan as an amendment to the Comprehensive Plan. (Housing & Economic Development) Referred to the Housing & Economic Development Committee. 21. Resolution - 93-593 - amending the guidelines to the Child Care Partnership Program. (Human Services, Health & Regulated Business) Referred to the Human Services, Health & Regulated Business Committee. 22.,� (See action following Consent Agenda) 23. Resolution - 93-595 - approving a one year contract with Cable Access Saint Paul. (Public Works) Referred to the Public Works Committee. 253 May 6, 1993 ************************************************************************************ 22. Resolution - 93-594 - approving a Memorandum of Understanding with the State of Minnesota for construetion of Sewer Separation and Street Paving in the State Capital area as part of the 1993 35E/University CSSP Phase II. (Public Works) Councilmember Grimm moved approval. Adopted Yeas - 5 Nays - 0 MISCELLANEOUS: 33. Youth Volunteer of the Month Award Ceremony. Councilmembers Guerin, Grimm, Long and Maccabee recognized volunteers from Conway, Hayden Heights, Como and Denoyer Park Recreation Centers for their hours of volunteer work to the communities. Each was presented with a T shirt and a gift , certificate to a neighborhood eatery as well as a ceremonial certificate. ORDINANCES 24. Final Adoption - 93-488 - An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning of property at 463 Fry Street for Embers Restaurant Parking Lot. (Public Hearing held March 23rd - For Action) Councilmember Maccabee moved approval. Adopted Yeas - 5 Nays - 0 25. Final Adoption - 91-531 - adopting the River Corridor Zoning amendments. (Public Works Committee recommends approval as amended - laid over from May 4th) Councilmembers Grimm and Long moved approval. Adopted Yeas - 5 Nays - 0 26. Second 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 & Business Regulation Committee recommends approval) Councilmember Maccabee requested that the Third Reading be held on May 13th. Laid over until May 13th for Third Reading/Public Hearing. 27. First Reading - 93-596 - An ordinance adopting zoning code amendments related to the East Consolidated �mall Area Plan and 40 Acre Study. (Housing & Economic Development) Laid over until May 13th for Second Reading. 254 May 6, 1993 COMMITTEE REPORT$: 28. Resolution - 93-125 - approving organizations eligible for the 199310°� Eligibie Recipients list (Charitable Gambiing) (Human Services, Health and Business Regulation Committee recommends approval of substitute resolution) Councilmember Maccabee moved approval of the substitute resolution and lay over for one week. Roll Call Yeas - 5 Nays - 0 Laid over untii May 13th for adoption. 29. Resolution - 93-470 - requesting the Planning Commission study amending the Zoning � Code regarding the location of gun shops. (Human Services, Health & Business Regulation Committee recommends approval) Councilmember Maccabee requested that this item be laid over until May 13th when the Public Hearing for the ordinance is scheduled. Roll Call Yeas - 5 Nays - 0 Laid over until May 13th. 30. Resolution -93-128 - authorizing City officials to negotiate a contract not to exceed $50,0� to study various methods of exercising regulatory authority and costs directly related thereto and to report recommendations to the City Council by July 1, 1993. (Human Services, Health and Business Regulation Committee recommends withdrawal) Councilmember Maccabee moved withdrawal of this item as recommended by the Human services, Health & Business Regulation Committee. Roll Call Yeas - 5 Nays - 0 WITHDRAWN PUBLIC HEARING: 31. Public Hearing to consider a request for modification of parking requirements for Plum's ` Neighborhood Bar & Grill at 480 S. Snelling Avenue. Marv Bunnell, Planning & Economic Development Department reviewed the staff report and noted the conditions recommended with a sunset clause for September 30, 1993. Dan McQuillan, 1951 Berkley licensee, reviewed the steps he has taken to insure that conditions are met and neighborhood concerns are addressed. Mr. McQuillan reviewed his meetings with area neighbors and summarized the verbal agreement with Twin City Federal across Snelling Avenue to use their parking lot in the evenings. He answered questions of Councilmembers regarding the parking agreement. Clarence Sassor, 458 Brimhall spoke in opposition to the parking modification noting existing parking, accident and noise issues. (Discussion continued on following page) 255 May 3, 1993 (Discussion continued from previous page) A resident of 439 Brimhall spoke in opposition to the parking modification and questioned Councilmembers regarding the length of the license, the process for reviewing and the � process for addressing problems. After further discussion, Councilmember Long moved to close the Public Hearing. Roll Call Yeas - 5 Nays - 0 Councilmember Long spoke in support of the modification with conditions. Councilmember Maccabee asked the PED staff to work towards formalizing the Parking Agreement with TCF. A brief discussion ensued among Councilmembers regarding the neighborhood concerns and the proposed conditions. Councilmember Long moved approval. Roll Call Yeas - 5 Nays - 0 � Motion of Intent adopted with conditions. 32. Resolution - 93-597 - approving an application for an Entertainment-III License by D.P. McCue, Inc. dba Plum's Neighborhood Bar and Grill at 480 S. Snelling Avenue. (See discussion with item # 31) Councilmember Long moved approval with conditions as stated with item # 31. _ Adopted Yeas - 5 Nays - 0 Councilmember Maccabee moved to suspend the rules to recall the following resolutions from Human Services, Health & Business Regulation Committee. Adopted Yeas - 5 Nays - 0 Resolution - 93-356 - approving Saint Paul Public Health to pursue look-alike status as a Federally Qualified Health Center (FQHC). (Human Services, Health & Business Regulation Committee recomrnends approvaL Councilmember Maccabee moved approval. Adopted Yeas - 5 Nays - 0 Resolution - 93-357 - supporting collaboration with the Saint Paul School Health Services. , (Human Services, Health and Business Regulation Committee recommends approval as amended) Councilmember Maccabee moved approval as amended. Adopted Yeas - 5 Nays - 0 Councilmember Grimm invited ev�ryone to attend the First Annual Karl Neid Picnic to be held at Phalen Park on May 7th. 256 May 6, 1993 Councilmember Long moved to adjourn the meeting. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 6:10 P.M. . i ` ATTEST: ,; Council President, �Iliam �Ison � Minutes approved by Council City Clerk olly O'R urke M .dmb ��.j ✓� 9 . 257 `