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Minutes 05-04-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, May 4, 1993 9:00 A.M. Council Chambers Third F'loor City Hall and Court House Saint Paul, Minnesota ` The meeting was called to order by President Wilson at 9:00 A.M. . Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson Absent - 0 - Councilmember Rettman asked that item # 6 be laid over one week as she would like additional information. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas 7 Nays - 0 CONSENT AGENDA FOR ACTION 1.; Approvah of City Council minutes from March 30 and April 1, 1993 meetings. Adopted Yeas - 7 Nays - 0 2. Claims of Amir Abubeker Ahmed, Paul McGee, Irene Pruzan and Jeff Rhodes (Quicksilver). Referred to the City Attorney's Office. . 3. Summons & Complaint in the Matter of Adolfson & Peterson Inc. vs the City of Saint Paul. Referred to the City Attorney's O�ce. 4. Administrative Orders D-12403 through D-12411 noted as on file in the City Clerk's Office. 5. Letter of the Department of Planning, Zoning Division setting a date of Public Hearing for May 25, 1993 in the matter of rezoning property at 270 Sherburne Avenue by MADA Services Inc. #o allow added parking and possible future expansion. 6. Resolution - 93-519 - approving payment of $7,500 to Gregory James Meyer in settlement of his claim against the City of S�int Paul. (Laid over from April 27th) Laid over until May 11th. 7. Resolution - 93-546 - approving the appointment of Ellen Biales to the position of Assistant to the Mayor. (To be laid over one week for adoption) Laid over until May 11th. . 242 May 4, 1993 8. Resotution - 93-547 - approving a three year contract between the City of Saint Paul and the International Brotherhood of Painters and Allied Trades Local 61. (To be laid over one week for adoption) Laid over until May 11th. 9. Resolution - 93-548 - approving a three year contract between the City of Saint Paul and the Minnesota Statewide District of Carpenters. (fo be laid over one week for adoption) Laid over until May 11th. 10. Resolution - 93-549 - approving a contract between the City of Saint Paul Public Health and Saint Paul Independent School District # 625 to provide data on computer disk or tape regarding immunization levels of 1992 kindergarten entrants. Adopted Yeas - 7 Nays - 0 11. Resolution Approving Assessment - 93-550 - In the Matter of construction of a storm sewer , connection to the Soo Line property located at the intersection of Prior Avenue and Return Court in conjunction with the Cleveland/Magoffin Area Sewer Separation Project and setting � date of Public Hearing for June 8, 1993. Adopted Yeas - 7 Nays - 0 12. Resolution Approving Assessment - 93-551 - In the Matter of acquisition of a permanent easement to open, widen and extend Grace Street and Western Avenue and setting date of Public Hearing for June 8, 1993. Adopted Yeas - 7 Nays - 0 13. Resolution Approving Assessment - 93-552 - In the Matter of condemning and taking a permanent easement necessary to widen Palace Avenue at Colborne Street and setting date of Public Hearing for June 8, 1993. Adopted Yeas - 7 Nays - 0 COMMITTEE REFERRAL: 14. Resolution - 93-553 - accepting a grant for $7,606 from the State of Minnesota for tree planting at Dunning Feld. (Finance) Referred to the Finance Committee. 15. Resolution - 93-554 - approving an increase in hourly rates of pay for the House Custodian I classification and the premium pay for workers at the Saint Paul Civic Center. (Finance) Referred to the Finance Committee. 16. Resolution - 93-555 - amending the 1993 Budget of the Police Department by transferring the Financing & Spending plans for police persons to be present in the senior and junior high schools of the City. (Finance) Referred to the Finance Committee. 243 May 4, 1993 17. Resolution - 93-556 - amending the 1993 Budget of the Division of Ubraries by transferring #he Financing & Spends plans for library automation. (Finance) Referred to the Finance Committee. ORDINANCES 18. First 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 11th for Second Reading. PUBLIC HEARINGS: 19. Third Reading -93-399 - An ordinance to amend Ordinance # 17443 of the Legislative Code pertaining to parking meter zones. (Public Works Committee recommends approval) Laid over until May 11th for Final Adoption. 20. Resolution Ratifying Assessment - 93-558 - In the Matter of sidewalk reconstruction on both - sides of Albemarle Street from W. Maryland to W. Orange and the north side of W. • Maryland Avenue from Albemarle to Woodbridge. (Public Works Committee recommends approval with the amendment that properry owners involved with the Fire Hydrant breakage will not be assessed) No one appeared in opposition. Councilmember Thune moved approval of the Committee recommendation. Adopted Yeas - 7 Nays - 0 21. Resolution Ratifying Assessment - 93-559 - In the Matter of sidewalk reconstruction on the north side of Carroll Avenue from Ferdinand Street to N. Howell Street. (Public Works Committee recommends approval) . No one appeared in opposition. Councilmember Maccabee moved approval. Adopted Yeas - 7 Nays - 0 22. Resolution Ratifying Assessment - 93-560 - In the Matter of sidewalk reconstruction on the north side of Nokomis Avenue from Tewanna Place to 2033 Nokomis Avenue, the south side of Nokomis Avenue from Pedersen to N. Ruth and both sides of Ruth Street from E. Fifth to Margaret. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 244 May 4, 1993 23. Resolution Ratifyin� Assessment - 93-561 - In the Matter of sidewaik reconstruction on both sides of Cal'�fornia Avenue from Kennard to White Bear and both sides of Jenks Avenue from Arcade to Mendota. (Public Works Committee recommends approvai) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas • 7 Nays - 0 24. Resolution Ratifying Assessment - 93-562 - in the Matter of sidewalk reconstruction on both sides of Suburban Avenue from Eari to Frank. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 25. Resolution Ratifying Assessment - 93-563 - In the Matter of sidewalk reconstruction on both sides of S. Saratoga Street from St. Clair to Stanford. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 26. Resolution Ratifying Assessment - 93-564 - In the Matter of sidewalk reconstruction on the west side of N. Grotto Street from W. Cottage to Parkview and the south side of Parkview Avenue from N. Grotto to approximately 18' west of N. Grotto. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 - Councilmember Long left the meeting and returned later. 27. Resolution Ratifying Assessment - 93-565 - In the Matter of sidewalk reconstruction on the west side of Churchill Street from Hatch to 100' north of Hatch and the north side of Hatch � Avenue from Churchill to 51' west of Churchill. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 28. Resolution Ratifying Assessment - 93-566 - In the Matter of sidewalk reconstruction on both sides of Birmingham Streets from E. Maryland to E. Ivy and both sides of E. lowa Avenue from Gary Place to N. Hazel. (Public Works Committee recommends approval) No one appeared in opposition. Councilmembers Thune and Grimm moved approval. Adopted Yeas - 6 Nays - 0 245 May 4, 1993 29. Resolution Ratifying ASSessment - 93-567 - In the Matter of sidewalk reconstruction on the west side of N. Wheeter Street from St. Anthony to University at 409 and 425 N. Wheeler Street. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Maccabee moved approval. Adopted Yeas - 6 Nays - 0 30. Final Order - 93-531 - In the Matter of sidewalk construction and/or reconstruction on both sides of Euclid Avenue from Flandrau to N: White Bear Avenue. (Public Works Committee recommends approval - laid over from April 27th) � Tom Keefe, Public Works staff said he met with concerned neighbors and their issues have been resolved. No one appeared in opposition. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 31. Resolution - 93-381 - approving an application for an On Sale 3.2 Malt, Laundry/DC Plant, Restaurant-C and Two Mechanical Amusement Devise Licenses by Three Lakes Development Limited Partnership II dba Duds N' Suds at 608 W. University Avenue. (Public Hearing laid over from April 22nd) No one appeared in opposition. Frank Staffenson, �nvironmental Health requested a two week lay over. Councilmember Rettman moved a lay over until May 18th. Roll Call Yeas - 6 Nays - 0 Laid over until May 18th. Councilmember Long returned to the meeting at this point. 32. Resolution - 93-568 - approving an application for the transfer of a Gambling Manager's License currently held by Walter Hobot dba Upper Midwest Amateur Boxing Alumni Assn. at Gatsby's, 2554 Como; Arcade Bar, 932 Arcade Street and the House of Morgan, 741 Edmund Avenue to Joseph Sturdevant at the same addresses. No one appeared in opposition. Councilmember Maccabee moved approval. Adopted Yeas - 7 Nays - 0 33. Resolution - 93-569 - approving an application for a new State Class B Gambling Premise Permit by Phoenix Learning Services at Willard's, 738 Thomas Avenue. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 246 May 4, 1993 34. Resolution - 93-570 - approving an application for a new Gambling Manager's License by Christine Tauber dba Phoenix Learning Services at wllard's, 738 Thomas Avenue. No one appeared in opposition. Counciimember Thune moved approvai. Adopted Yeas - 7 Nays - 0 35. Resolution - 93-571- approving an application for transfer of a Gambling Manager's Ucense held by David Slama to Christine Tauber dba Phoenix Learning Services at the Townhouse, 1415 W. University Avenue. No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 f 36. Resolution - 93-572 - approving an application for a Class B Gambiing Location Licerise by P.A. Inc., dba O.J.'s Lowertown Bar & Grille at 175 E. 5th Street, Suite # 155. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 37. Resolution - 93-573 - approving an application for a new State Class B Gambling Premise Permit by Como Area Youth Hockey at O.J.'s Lowertown Bar & Grille, 175 E. 5th Street, '' Suite # 155. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 38. Resolution - 93-574 - approving an application for a new Gambling Manager's License by Michael James Plasch dba Como Area Youth Hockey at O.J.'s Lowertown Bar & Grille, 175 E. 5th Street, Suite # 155. No one appeared in opposition. Councilmember Thune moved approvaL • Adopted Yeas - 7 Nays - 0 39. Resolution - 93-575 - approving an application for transfer of a Gambling Manager's License held by D. Joe Haller to Karen L. �rkus dba Climb, Inc. at Sundance, 2245 Hudson Road. No one appeared in opposition. Councilmember Guerin moved approval. _y Adopted Yeas - 7 Nays - 0 247 May 4, 1993 40. Resolution - 93-576 - approving the petition of the City for vacation of a sewer easement in Block 5, Elmer and Morrison's rearrangement of part of Macalester Park, which is � bounded by Wheeler, Grand, Cambridge and Lincoln. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 41. Resolution - 93-577 - approving the petition of the First National Bank of the North for vacation of Clear Avenue from Arcade Street to a point approximately 238' west of Arcade Street which is bounded by Ivy, Walsh, Cottage and Arcade Streets. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Thune moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-598 - proclaiming May 4th as New Citizen's Day and Katherine Yang Day. Councilmember Thune introduced Katherine Yang who works in Council Research and who � became an American citizen on May 1 st. Councilmembers congratulated Ms. Yang and spoke of her attributes as a City employee and citizen. Ms. Yang thanked Councilmembers. All Councitmembers moved approval. Adopted Yeas - 7 Nays - 0 MISCELLANEOUS: 42. Resolution - 93-520 - approving disbursement of Youth Programs Funds (Charitable Gambling) as listed. (Laid over from April 27th) City Clerk O'Rourke clarified which resolution was proposed before the City Council. Councilmember Maccabee explained that the resolution she signed was intended to be a substitute for the original and then reviewed the resolution and the need for the monies requested by District 14 for Kids Park. Councilmember Guerin said he cannot support funding for on-going rent payments. Councilmembers questioned Ms. Tarnowski, District 14 Community Organizer about the affected time period and Ms. Tarnowski replied that the amount requested reflected rents paid for January and February, 1993. Councilmembers Long and Rettman asked questions of Parks staff regarding the process for reviewing grants and the notification process to potential applicants of changes in � guidelines. (Discussion continued on following page) 248 May 4, 1993 (Discussion continued from previous page) Eric Thompson, Parks & Recreation staff responded to Councilmembers questions. Counciimembers discussed the possibility of using other funds to cover the rent or having the Parks Division forgive the rent charges. � After further discussion, Councilmember Guerin moved to approve the resolution without the District 14 request for $155 and requested staff to draft the appropriate resolution to have the District 14 allocation before the Council in one week. Adopted as amended. Yeas - 7 Nays - 0 43. Resolution - 93-578 - rescinding C.F. 93-451, adopted April 13, 1993, and implementing execution or delivery of a Joint Pledge Agreement by the Housing & Redevelopment Association and the City of Saint Paul. Bob Gears, Planning & Economic Development spoke in support of the resolution and reviewed the amended language. Councilmember Rettman expressed concern that the resolution had not been signed by the Budget Director. After a brief discussion regarding the affe�t of the resolution, Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 1(Rettman) ADDITIONAL ITEM: 1. Third Reading - 91-531 - adopting the River Corridor Zoning amendments. (Public Works � Committee recommends approval as amended - Public Hearing laid over from April 29th) No one appeared in opposition. Laid over until May 6th for Final Adoption. Councilmember Thune moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-599 - approving an application for renewal of Class III Gambfing Premise Permits by: D.E.A.F (2 locations), and Guadalupe Mexican Education Society Inc. (To be laid over one week for adoption) Councilmember Thune moved to lay over until May 11th. Roll Call Yeas - 7 Nays - 0 Laid over until May 11th for adoption. Council President Wilson presented a letter from Frank Marzitelli regarding the Sewer Rates Task Force regarding City Council's general reaction to the Public Work's recommendations regarding an interim plan for accepting the Belt Line and Trout Brook Interceptors being declared surplus by the Metropolitan Waste Control Commission. Council President �Ison requested this item be heard at the May 18th Council meeting. � After some discussion, Councilmembers agreed to have the �em heard at the joint Finance and Public Works Meeting. 249 May 4, 1993 Councilmember Thune moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 10:05 A.M. t � , ATTEST: ouncil President, William Wilson Minutes approved by Council City Cle , olly O' urke ..-, :dmb _l!1� �? 7 / 9�3 250