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Minutes 03-30-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, March 30, 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 9:00 A.M. Present - 4- Councilmembers Grimm, Maccabee, Rettman, �Ison Absent - 3- Councilmembers Guerin, Long (arrived later in the meeting), Thune (arrived later in the meeting) Councilmember Rettman asked that item # 8 be removed from the Consent Agenda for discussion. Councilmember Rettman asked that item # 10 be referred to the Neighborhood Services Committee. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 4 Nays - 0 CONSENT AGENDA FOR ACTION 1. Approval of City Council minutes of the March 2, March 4, and March 9, 1993 meetings. Adopted Yeas - 4 Nays - 0 2. Administrative Orders D-12373 through D-12380 noted as on file in the City Clerk's Office. 3. Correspondence from Sharon Scarrella Anderson. cc # 13728 4. Letter from the Department of Public Health listing the following properties as 'nuisance buildings': 113-1 � 5 E. Belvidere Street, 212 Maple Stree#, 652-654 Oakdale Avenue, 887 Randolph Avenue and 1335 Searle Street. (For notification only, public hearings will be scheduled at a later date, if necessary) � 5. Resolution - 93-358 - approving the Agreement between Ind. School Dist. 625 and the School Services Employees, Local # 284. (Laid over from March 23rd for Final Adoption) Adopted Yeas - 4 Nays - 0 6. Resolution - 93-389 - approving implementation of activities as part of the 4th Cycle Urban Revitalization Action Program in conjunction with the Thomas -Dale District 7 Planning Council-Sherburne Initiative. Adopted Yeas - 4 Nays - 0 177 March 30, 1993 7. Resolution - 93-390 - approving the action of the Property Code Enforcement Board of Appeals for the meeting of February 11, 1993 regarding the following properties: 52 & 58 Douglas Street, Michial Mularoni appellant; 670 N. Robert Street, Neldo Rhoades Clarke; 255 Summit Avenue, Mary Ann Dukel appellant. Adopted Yeas - 4 Nays - 0 8. (Discussed at the end of the meeting) 9. { Resolution - 93-392 - accepting a grant offer of $9,343,800 from the Minnesota Pollution _ Control Agency and designating the Manager or Assistant Manager of the Public Works Sewer Division to sign the grant document. Adopted Yeas - 4 Nays - 0 10. Resolution - 93-393 - initiating a Parkland Zoning Study for the purpose of considering amendments to the Zoning Code regarding public parkland. Referred to the Neighborhood Services Committee. 11. Resolution Approving Assessment - 93-394 - In the Matter of sidewalk reconstruction on the � east side of Bidwell Street from W. Delos to Prospect Blvd., the north side of W. Colorado Street from Hall to Winslow, both sides of W. George Street from V to Smith, the west side of Hall avenue from W. Colorado to Prospect Blvd., both sides of V Avenue fi om W. Wyoming to W. Annapolis and the south side of Prospect Blvd. from Hall to Bidwell and setting date of Public Hearing for May 18, 1993. (10) Adopted Yeas - 4 Nays - 0 12. Preliminary Order - 93-395 - In the Matter of sidewalk reconstruction on the north side of Harrison Avenue from Douglas to Garfield and the south side of Harrison avenue from Douglas to Westem and setting date of Public Hearing for April 20, 1993. (11) Adopted Yeas - 4 Nays - 0 COMMITTEE REFERRAL: 13. Resolution - 93-396 - approving an agreemerrt between the St. Paul Police Department and Ind. School Dist. # 625 to provide police presence in the City High Schools. (Finance) Referred to the Finance Committee. 14. Resolution - 93-397 - granting a variance from chapter 293 of the Legislative Code regarding a sound level variance from the St. Paul Department of Public Works to facilitate construction along a railroad track area near 695 Watson and 676 Armstrong. (Public Works - Public Hearing held March 4, 1993) Referred to the Public Works Committee. 178 March 30, 1993 15. Resolution - 93-398 - approving suppiement to Agreement No. 68241 between the City and the State with regard to maintenance responsibility of Trunk Highways located with the City Limits. (Public Works) Referred to the Public Works Committee. ORDINANCES 16. Final Adoption - 93-257 - An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning for the City in conjunction with the petition of Cottage Homesteads of Hillcrest to rezone property on VanDyke Street to RT-2. (Public Hearing held March 23rd) Councilmember Grimm moved approval. Councilmember Maccabee asked that the record reflect that this rezoning does not approve a specific development proposal. Council President Wilson said they would also like to see a site plan for the area. Adopted Yeas - 4 Nay - 0 17. Final Adoption - 93-301 - An ordinance amending Chapter 60 of the Legislative Code pertaining to action taken by the Council in conjunction with a petition of Douglas Jackson to rezone 982 Thomas Avenue from OS-1 to B-1. (Public Hearing held March 23rd) Councilmember Maccabee moved approval. Adopted Yeas - 4 Nays - 0 18. First Reading - 93-399 - An ordinance amending Ordinance No. 17443 of the Legislative Code pertaining to parking meter zones. (Public Works) Referred to the Public Works Committee. PUBLIC HEARINGS: 19. Final Order - 93-400 - In the Matter of condemning and taking two parcels of land for the Flood Control Project-Stage 3. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 4 Nays - 0 Councilmember Rettman questioned who would be responsible for clean up if there is ground water contamination and asked for clarfication on the number of parcels involved. Roy Bredahl, Public Works Department said the department is working with a consultant and the Minnesota Pollution Association to identify areas of contamination, clean up procedures and who is the proper responsible party before finalizing the sale. Mr. Bredahl clarified the number of parcels involved and the ownerships. Councilmember Rettman moved approval as amended. Adopted Yeas - 4 Nays - 0 179 March 30, 1993 Councilmember Thune arrived at the meeting at this point. 20. Final Order - 93-401 - In the Matter of acquiring permanent and temporary easements for ' public utility purposes over, under and across property in conjunction with the Edgcumbe/St., Dennis Area Storm Sewer Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. ' Adopted Yeas - 5 Nays - 0 21. Resolution Ratifying Assessments - 93-402 - In the Matter of sidewalk reconstruction on both sides of E. Nebraska Avenue from Payne to Greenbrier and both sides of Sherwood Avenue from Walsh to Arcade Street. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 22. Resolution Ratifying Assessments - 93-403 - In the Matter of sidewalk reconstruction on the north side of James Avenue from Daly to Osceola. (Public Works Committee recommends approval) No one appeared in opposition. ` Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 23. Resolution - 93-404 - approving an application for an On Sale �ne, On Sale 3.2 Malt and Restaurant-B License by My Choice Inc. dba Yang's Chinese Restaurant at 1676 Suburban Avenue. No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 5 Nays - 0 24. Resolution - 93-405 - approving an application for an On Sale 3.2 Malt Beverage License by FCmmai Tonnu dba You 8� Me Restaurant at 967 W. 7th Street. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 Councilmember Long arrived at the meeting at this point. 25. Report of an Administrative Law Judge in the matter of adverse action against licenses held by Gem Lake Properties, Inc. dba Gallivans, 386 No. Wabasha Street. Council President Wilson said Phil Byrne, Assistant City Attorney had serrt a letter saying he would not be preserrt due to a family emergency and asked for a lay over. Councilmember Maccabee spoke in support of Mr. Byrne's request for a lay over. (Discussion continued on following page) 180 March 30, 1993 (Discussion continued from previous page) Earl Gray, Attorney for Gallivans objected to a continuance as he came back from vacation early to be at the hearing. Discussion ensued between Mr. Gray and Councilmembers regarding the timing and process of notification from Mr. Byrne for the continuance and possible alternate dates. Councilmember Thune moved a lay over to April 13th. Roll Call Yeas - 6 Nays - 0 8. Resolution - 93-391 - approving the reappointment of Gerry Strathman as Council Investigation and Research Center Director. Councilmember Rettman discussed the reasons for limiting the salary and the length of service for this position. Council President Wilson reviewed procedure for amending resolutions. Councilmember Long said he supported the reappointment for a one year contract. Councilmember Maccabee moved a motion to support the one year contract but said she could not support the salary cut that would tie the hands of a new Council. Councilmember Thune asked that this item be laid over two weeks because the new contract was not in front of him to review the position. Councilmember Maccabee withdrew her previous motion and moved to lay over the item for two weeks. Tom Dimond, 2119 Skyway Drive, said the Council needs to take a look at the high salaries paid to city employees. He said the voters have told the Council that they want to see cuts in staff and said the Council should listen. Councilmember Maccabee renewed her motion to lay over for two weeks. Roll Call Yeas - 6 Nays - 0 Laid over until April 13th. Councilmember Long expressed concern about proposed State legislation regarding the pension fund for Saint Paul and Minneapolis teachers. He urged the Council to oppose any City Property tax levy to cover the shortfall. Council President Wilson said a position would be prepared to be presented to the Council by Thursday, April 1 st. Councilmember Rettman asked City Clerk O'Rourke if a license application for Sena Cafe at 684 N. Snelling was supposed to be on the Agenda today. Ms. O'Rourke said her office had not received any resolution or hearing notice for this business. 181 March 30, 1993 Councilmember Rettman moved to adjourn the meeting. Adopted Yeas - 6 Nays - 0 ADJOURNED AT 9:40 A.M. , , , ATTEST: �' C ' resident, Wiltiam Wilson ( � `� Minutes approved by Council C'rry Clerk, olly O'R urke ` :dmb ������ h� /% �� 182