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Minutes 04-01-1993 � MINUT�S OF THE SAINT PAUL CITY COUNCIL Thursday, April 1, 1993 5:00 P.M. Council Chambers Third Fioor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President Wilson at 5:05 P.M. Present - 6- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Wilson Absent - 1- Councilmember Thune (arrived later in the meeting) Councilr�mber Long requested item # 9 be removed from the Consent Agenda. Councilmember Grimm moved approval of the Consent Agenda as amended. Adopted Yeas - 6 Nays - 0 CONSENT AGENDA FOR ACTION 1. Letter of the Valuation Engineer recommending a date of Public Hearing of May 4, 1993 in the petition of the First National Bank of the North and Independent School District 625 for the vacation of Clear Avenue from Arcade Street to a point approximately 238 feet east, which is bounded by Ivy, Walsh, Cottage and Arcade. 2. Letter of the Valuation Engineer recommending a date of Public Hearing of May 4, 1993 in the petition of the City of Saint Paul for the vacation of a sewer easement in Block 5, Elmer & Morrison's Rearrangement, bounded by Wheeler, Grand, Cambridge and Lincoln. 3. Resolution - 93-406 - approving the appointments and reappointments to the Truth-in- Housing Board of Examiners. (To be laid over one week for adoption) Laid over until April 8th for adoption. 4. Resolution - 93-407 - approving the Memorandum of Agreement between the City and the Sheet Metal Workers International Association Local # 10. (To be laid over one week for adoption) Laid over until April 8th for adoption. � 5. Resolution - 93-408 - approving a two year contract between the City and the International Union of Elevator Constructors Local # 9. (To be laid over one week for adoption) Laid over until April 8th for adoption. 6. Resolution - 93-409 - designating April 5-11 as National Community Development Week. Adopted Yeas - 6 Nays - 0 183 April 1, 1993 COMMITTEE REFERRAL: 7. Resolution - 93-410 - appropriating from Municipal State Aid Funds the estimated sum of $145,�0 to appiy towards the bituminous overlay of Warner Road from Childs Road to Highway 61. (Public Works) , Referred to the Public Works Committee. 8. Resolution - 93-411 - authorizing City Officials to sign agreements involved in the right-of- way acquisition for Shepard Road reconstruction between Randolph Avenue and Chestnut Street. (Public Works) Referred to the Public Works Committee. 9. (Discussed later in the meeting) ******************************************************************************** Councilmember Thune arrived at this point in the meeting. MISCELLANEOUS: 17. Youth Volunteer of the Month Award Ceremony. Councilmembers Guerin, Grimm, Thune, and Council President Wilson presented t-shirts and dinner certifieates to students who have spent many hours volunteering at Eastview, Duluth-Case, Baker, and Martin Luther King Centers. Each Student was introduced and presented with an award. � Councilmember Long moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-418 - declaring Friday, Apri12,1993 as Raiders Day honoring Cretin-Derham Hall 1993 Boys Basketball Team State Class AA Champions. Councilmember Long introduced members of the team and moved approval. Adopted Yeas - 7 Nays - 0 9. _ Resolution - 93-412 - approving the sale of $52,220,000 (subject to change per interest rates) Sewer Revenue Refunding Bonds, Series 1993. Shirley Davis, Treasury Division, gave the revised figures to be inserted in the resolution. ��: Councilmember Long moved approval as amended. Adopted Yeas - 7 Nays - 0 10. Second Reading - 93-377 - An ordinance to amend Section 364 of the Legislative Code relating to window cleaning. (Human Services, Health & Business Regulations recommended approval) Laid over until April 6th for Third Reading/Public Hearing. � 184 April 1, 1993 11. Second Reading - 93-378 - An ordinance to repeal Chapter 319 of the Legislative code relating to bill posters. (Human Services, Health & Business Regulations recommended approval) Laid over until April 6th for Third Reading/Public Hearing. 12. Second Reading - 93-379 - An ordinance to repeal Chapter 190 of the Legislative Code relating to truck and wagon scales and registration of weighers. (Human Services, Health & Business Regulations recommended approval) Laid over until April 6th for Third Reading/Public Hearing. PUBUC HEARINGS: 13. Third Reading - 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 laid over from March 25th) Councilmember's Rettman and Maccabee reviewed the amendments they were recommending. They explained that the amended ordinance was not signed by the City Attorney's office because the attorney who had written previous sections was not available. Roll Call Yeas - 7 Nays - 0 Barbara Jeanetta, representing the Business Regulation Task Force, spoke in support of the legislation but noted some language of concern to the Task Force. Laid over until April 8th for Final Adoption. 14. Third Reading - 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, Health and Business Regulations Committee recommends approval as amended - Third Reading laid over laid over from March 25th) No one appeared in opposition. Laid over until April 8th for Final Adoption. 15. Resolution - 93-381 - approving an application for an On Sale 3.2 Malt, Restaurant - C, Laundry/DC Plant and 2 Mechanical Amusement Device Licenses by Three Lakes Development Limited Partnership II dba Duds N Suds at 608 W. University Avenue. (Public Hearing laid over from March 25th) No one appeared in opposition. Chris Van Horn, License Division requested the item be laid over for two weeks to enable the City staff to complete inspections. Councilmember Maccabee moved to lay over two weeks. Roll Call Yeas - 7 Nays - 0 Laid over until April 22nd. 185 April 1, 1993 16. Public Hearing to consider an appeai by Arnoid Strom to the Pianning Commission denial of a River Corridor Mod'�'ication to allow residential development on slopes greater than 189'0 . for property on Elmwood Street. Tom Beech, Planning Division reviewed the staff report and recommendation for deniai of the appeal. Councilmember Long left and returned during discussion of this item. John Daubney, Attorney for Mr. Strom reviewed the history of the lot and construction plans and urged the Council to uphold the appeal. He said the City shouid not stop his ciient from building on the property without offering to purchase the property. Councilmember Maccabee asked questions of Mr. Beech regarding the Department of Natural Resources and Ramsey County's position in opposition to the site plan. Arnold Strom clar�ed the lot size, the type of structure to be built and the type of slopes. He said contractors have said the lot is buildable. Councilmember Rettman left and returned later in the discussion of this item. Mr. Segal, Assistant City Attorney, responded to Councilmembers questions regarding River Corridors regulations, related court actions and the grounds for Council action. Mr. Beech answered questioned raised by Mr. Strom and Councilmembers in relation to slope, sewer construction availability and accessibility by emergency vehicles. Councifinember Maccabee left and returned during the discussion. Councilmember Guerin said he is uncomfortable with the City prohibiting a property owner from using their land. Councilmember Rettman returned at this point. Councilmember Maccabee asked that the following item be considered at this time and moved to suspend the rules to recall from the Housing & Economic Development Committee the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-314 - approving issuance of $4,000,� Industrial Development Revenue Refunding Bonds for Weyerhaeuser Company. (Housing & Economic Development Committee recommends approval) Councilmember Maccabee explained the resolution and moved approval. Adopted Yeas - 7 Nays - 0 Councilmembers Thune, Grimm and Maccabee teft during the discussion of this item and returned prior to the vote. (Discussion returned to item # 16) 186 April 1, 1993 Dan McGinley, 2160 Ogden Avenue, said he lives below the proposed building site, and spoke in opposition to the proposed construction and urged the Council to deny the appeal. Councilmember Rettman moved to close the Public Hearing. . Adopted Yeas - 5 Nays - 0 Councilmembers Rettman, Wilson, Maccabee and Long said they could find no evidence in fact, findings or procedures that would change the Planning Commission's decision and spoke in support of upholding the decision of the Commission. Councilmembers Guerin suggested the Council consider a compromise to prevent litigation on this issue. After further discussion, Councilmember Maccabee moved to deny the appeal of Mr. Strom. Motion of intent adopted Yeas - 7 Nays - 0 APPEAL DENIED Councilmember Rettman moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-419 - opposing State Legislation which would require the City Council levy property taxes for the Saint Paul Teachers' Pension Fund. Councilmember Maccabee requested that the language be amended to clearly indicate the City's opposition to the proposed legislation. Council President Wilson accepted the amendment as friendly. . After discussion among Councilmembers regarding the School District's independence from the City and the large financial impact on Saint Paul taxpayers, Councilmember Thune moved approval of the resolution as amended. Adopted Yeas - 7 Nays - 0 Councilmember Long moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-420 - supporting State Legislation for repayment of certain pension contributions by employees and the City to affected employees. Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 187 April 1, 1993 Councilmember Guerin moved to adjourn the meeting. . Adopted Yeas - 7 Nays - 0 ADJOURNED AT 6:40 P.M. � ATTEST: ' � � oun ' esident, William Wilson , � / � � �., � ���'�������� ��� Minutes a roved b Council PP Y City Clerk,; � oliy O'Rourke M :dmb � 188