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Minutes 04-08-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, April 8, 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 5:05 P.M. Preser�t - 6- Councilmembers Grimm, Long, Maccabee, Rettman, Thune, Wilson Absent • 1- Councilmember Guerin (arrived during discussion of the Consent Agenda) City Clerk O'Rourke said the City Attorney's Office had informed her item # 3 should be , deleted as it is an improper appeal. Tom Dimond, 2119 Skyline Drive, requested a time line and clarification of the procedure for him addressing the City Council on item # 1. Council President Wilson reviewed the process. Councilmember Maccabee moved approval of the Consent Agenda as amended. Adopted Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION 1. Communication from Tom Dimond requesting an appointment of a special prosecutor to investigate ethics charges. 2. Letter of the Department of Planning, Zoning Division setting a date of Public Hearing for April 22, 1993 in the matter of an appeal of Mid-America Entertainment Co. (Blockbuster Video) to the Planning Commissions deniaf of an application for a building and parking lot setback variance at 1099 Grand Avenue. � 3. Appeal of Ernest Purfeerst to a decision of the City Council (C.F. 93-305) in the matter of : demolition of property at 597 York Street. Deleted 4. Resolution - 93-406 - approving the appointments and reappointments to the Truth-In- Housing Board of Examiners. (Laid over from April 1 st for adoption) Adopted Yeas - 7 Nays - 0 5. Resolution - 93-407- approving the Memorandum of Agreement between the City and the Sheet Metal Workers International Association Local # 10. (Laid over from April 1 st for adoption) Adopted Yeas - 7 Nays - 0 194 April 8, 1993 6. Resolution - 93-408 - approving a two year contract between the Cit�r and the International Union of Elevator Constructors Local # 9. (Laid over from April 1 st for adoption) Adopted Yeas - 7 Nays - 0 MISCELLANEOUS: 13. Resolution - 93-424 - recognizing the Merriam Park Ubrary Committee. Councilmember Maccabee recognized library personnel, the Merriam Park Community Council and Community members for their efforts to create a new library. She also thanked � Councilmember Thune and former Councilmember Tom Dimond for working to incorporate historic elements of the previous building design into the new library and moved approval. Adopted Yeas - 7 Nays - 0 ******************************************************************************** ORDINANCES 7. Final Adoption - 93-335 - An ordinance amending Chapter 34 of the Legislative Code pertaining to minimum health standards and adding provisions relating to commercial, industrial and institutional uses. (Neighborhood Services Committee recommends approval - Third Reading held April 1 st and amended) Adopted Amendment 7-0 Councilmember Rettman said there were some technical amendments to the ordinance requested by the City Attorney's Office and moved approval of the amendments. Roll Call Yeas - 7 Nays - 0 Laid over until April 20th for Final Adoption. 8. Final Adoption - 93-140 - An ordinance amending Chapter 34.35 of the Legislative Code • encouraging businesses to make their premises as safe as possible by incorporating concepts for crime prevention through environmental design. (Human Services, Hea�h and Business Regulations Committee recommends approval as amended - Public Hearing held April 1 st) Councilmember Rettman requested this item be laid over as it is a companion ordinance with item # 7. Laid over until April 20th for Final Adoption. 9. First Reading - 93-421 - An ordinance amending Chapter 11 of the Legislative Code prohibiting dogs and other animals on the City Market grounds. (For Action) Laid over until April 20th for Second Reading. 195 Aprii 8, 1993 PUBLIC HEARINGS: 10. Resolution - 93-422 - approving an application for a Hotel/Motel - 50 rooms License by Catholic Charities of the Archdiocese of St. Paul & Minneapolis dba Catholic Charities at 181 Old 6th Street. No one appeared in opposition. Councilmember Thune requested this item be referred to the Housing & Economic Development Committee and moved same. Roll Call Yeas - 7 Nays - 0 Referred to Housing & Economic Development Committee. 11. Resolution - 93-423 - approving an application for an Entertainment II License by T& M Top Hat Inc. dba Top Hat Lounge at 134 E. 5th Street. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 � 12. Public Hearing to consider an application for a variance from the sound level limits for the Lollapalooza '93 Concert to be held on Harriet Island on June 29, 1993 from 10:30 A. M. to 10:30 P.M. Frank Staffenson and Peter Kishel from the Environmental Health Division reviewed the variance request of Company 7 who will be putting together the Concert this summer. Richard Shapiro, Manager of Company 7 answered questions of Councilmembers regarding the noise variance request, location of the speakers, language in the lyrics of the songs, ' attractions at the sideshow and the type of musical groups that were being contraeted with for this summer's concert. :- Councilmember Thune said he was concerned about the sound levels and asked that the administration develop a contra�t with the promotor to address past problems and � concerns by area residents. J. C. Hamil, the representative from the Stage Handlers Union said the promotor is in final contraet negotiations with union workers and spoke in support of the variance request. Peter Kishel responded to Councilmembers questions regarding the delay towers and how they will reduce noise levels in the surrounding communities. Councilmember Maccabee asked questions of Mr. Shapiro and Vic Wittgenstein regarding @ the profits from last years event and the financial benefit to the City. � Councilmember Rettman thanked Mr. Shapiro for using Saint Paul businesses and hiring �- Saint Paul people to work at the concert. Jim Koz, owner of Paddleboats Inc. said the event has a negative affect on his business but said that the promotor and the City had made efforts to minimize problems. Mr. Koz also voiced concerns about the language in some of the songs last year and asked that the language be cleaned up from last year as some of his customers were very upset with the language. (Continued on following page) 196 April 8, 1993 � (Discussion continued from previous page) Mr. Staffenson reviewed the staff recommendation and answered further questions of Councilmembers. After further discussion, Councilmember Thune moved approval of granting the variance as outlined during the above discussion. Roll Call Yeas - 7 Nays - 0 Motion of Intent adopted. Councilmember Thune moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-472 - authorizing the Department of Planning & Economic Development to prepare a request for proposal for development of the Riverfront Amphitheater Project. Councilmembers discussed the advantages of locating the amphitheater on Navy Island. Councilmember Thune asked that the resolution be amended regarding citizen participation and Council review. After a brief discussion to clarify the amendments, Councilmember Thune moved approval as amended. - Adopted Yeas - 7 Nays - 0 Councilmember Maccabee moved to suspend the rules to introduce the following resolutions. Adopted Yeas - 7 Nays - 0 Resolution - 93-470 - amending the Zoning Code to restrict the businesses of selling firearms to a location beyond 1000 feet of a"protected use", including a school, a day care center, a house of worship, a public library or playground. Councilmember Maccabee referred the resolution to Human Services Committee. Referred to the Human Services, Health & Business Regulations Committee. First Reading - 93-471 - An ordinance imposing a moratorium on the location of additional firearms businesses within 1000 feet of a"protected use°, including a school, a day care center, a house of worship, a public libra .ry or playground. Resolution. Councilmember Maccabee referred the ordinance to Human Services, Health & Business Regulation Committee. Referred to the Human Services, Heafth & Business Regulations Committee. . Councilmember Guerin moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 197 Aprii 8, 1993 Resolution - 93-473 - authorizing Dain Bosworth Inc. to assist the City in evaluating �nancing alternative basis, and to serve as the underwriting syndicate for any water revenue and water pollution financing necessary to implement the City's plans and programs during 1993. ` Councilmember Guerin moved to refer the item to Finance Committee. Referred to Finance Committee. Councilmember Maccabee mentioned the untimely death of Hans O. Nyman, who worked diligently to develop District Cooling and District Heating with Saint Paul. Councilmember Rettman moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 6:00 P.M. � . .. ATTEST: ,� �� ;�, ` , / unci ident, William Wilson .� � f � �,, , , `` Minutes approved by Council � City CI r{�, Molly 0'Rourke � I�AO:dmb g3 _ � 198