Minutes 03-23-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, March 23, 1993
9:00 A.M. Council Chambers
Third Floor City Hail and Court House
Saint Paul, Minnesota
The meeting was calied to order by President Wilson at 9:10 A.M.
Present - 6- Councilmembers Grimm, Guerin, Maccabee, Rettman, Thune, Wilson
Absent - 1- Councilmember Long (arrived later in the meeting)
City Clerk O'Rourke reviewed the amendments for item # 13.
Councilmember Rettman questioned why information outlining the charges had not been
provided to the Council and asked that this item be removed from the Consent Agenda.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of City Council minutes from the February 25, 1993 meeting.
Adop#ed Yeas - 6 Nays - 0
2. Administrative Orders D-12366 thru D-12372 noted as on file in the City Clerk's O�ice.
3. Letter from District Cooling, St. Paul Inc. regarding the new company and building names.
cc # 13718
4. Letter from NRG Energy Inc. regarding a business merger and assumption of rights and
obligations to Saint Paul according to ordinance # 17567. cc # 13717
5. Petition of James Ernest Pierce to vacate public property on a portion of Duke Street to
�nlarge storage space for equipment.
6. �Resolution - 93-200 - approving the appointments and reappointments by the Mayor to the
St. Paul Planning Commission. (Laid over from March 16th)
Adopted Yeas - 6 Nays - 0
7. Resolution - 93-316 - approving the appointment of Ralph Currier to the Capital
Improvement Budget Committee. (Laid over from March 16th for adoption)
Adopted Yeas - 6 Nays - 0
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March 23, 1993
8. Resolution - 93-317 - approving the Memorandum of Agreement between Ind School Dist.
- 625 and the Twin City Glaziers, Architectural Metals and Glass Workers Local 134. (Laid
over from March 16th for adoption)
Adopted Yeas - 6 Nays - 0
9. Resolution - 93-318 - approving the 1993-94 Collective Bargaining Agreement between the
City of Saint Paul and the St. Paul Manuat and Maintenance Supervisors Assn. (Laid over
from March 16th for adoption)
Adopted Yeas - 6 Nays - 0
10. Resolution - 93-319 - approving the 1992-93 Collective Bargaining Agreement between the
City of Saint Paul and St. Paul Fire Supervisory Assn. (Laid over from March 16th for
adoption)
Adopted Yeas - 6 Nays - 0
11. Resolution - 93-332 - approving the Memorandum of Agreement between the City of St.
Paul and the United Association of Plumbers Local No. 34. (Laid over from March 16th for
adoption)
Adopted Yeas - 6 Nays - 0
12. � Resolution - 93-358 - approving the Agreement between Ind. Schoot Dist. 625 and School
Service Employees, Local No. 284. (To be laid over one week for adoption)
Laid over until March 30th for Adoption.
13. Resolution - 93-320 - Outlining City requiremerrts relative to the reclassification of Saint Paul
:�.Roadways within Ramsey County. (Laid over from March 16th)
�rAdopted as amended Yeas - 6 Nays - 0
14. Resolution - 93-321 - authorizing the City of St. Paul Police Department to enter into an
agreemerrt and accept a grant award from the State of Minnesota for the operation of the
Police Athletic Liaison Program. (Laid over from March 16th)
Adopted Yeas - 6 Nays - 0
15. (Discussed later in meeting)
16. Resolution - 93-360 - authorizing the Department of Fire and Safety Services to execute an
agreemerrt with the Minnesota State Agricultural Society regarding Tornado Awareness Day,
April 1, 1993. �
Adopted Yeas - 6 Nays - 0
17. Resolution - 93-361 - supporting State legislation clarifying the use of optical disk for
permanent government records.,
Adopted Yeas - 6 Nays - 0
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March 23, 1993
18. ; Preliminary Order - 93-362 - In the Matter of sidewalk construction and/or reconstruction
-� on both sides of Euclid Avenue from Flandrau to No. Wh�e Bear Avenue and setting date
of Public Hearing for April 27, 1993.
Adopted Yeas - 6 Nays - 0
19. Preliminary Order - 93-363 - In the Matter of sidewalk reconstruction on both sides of Burns
Avenue from Birmingham to No. White Bear Avenue and setting date of Public Hearing for
April 27, 1993.
Adopted Yeas - 6 Nays - 0
20. Preliminary Order - 93-364 - In the Matter of sidewalk reconstruction on both sides of
Flandrau Street from Conway to Wilson and setting date of Public Hearing for April 27,
1993.
Adopted Yeas - 6 Nays - 0
21. Preliminary Order - 93-365 - In the Matter of sidewalk reconstruction on the east side of No.
Ruth Street from Burns to Suburban and setting date of Public Hearing for April 27, 1993.
Adopted Yeas - 6 Nays - 0
22. Preliminary Order - 93-366 - In the Matter of sidewalk reconstruction on both sides of
Conway Street from Mendota to Forest and setting date of Public Hearing for April 27,1993.
Adopted Yeas - 6 Nays - 0
�
COMMITTEE REFERRAL:
23. Fiesolution - 93-367 - amending the 1993 Budget by transferring $585 to the financing and
spending plans to cover expenses related to the Mayor's Intergovernmental Relations
Summit. (Finance)
Referred to the Finance Committee.
24. Resolution - 93-368 - authorizing the release of utility easements no longer needed in the
vacated part of California and Park Street. (Public Works)
Referred to the Public Wocks Committee. �
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15. Resolution - 93-359 - approving outside Counsel in the matter of Vanessa Morales, an
- employee in the Office of the City Attorney.
Councilmember Rettman asked City Attorney Natalie Hudson for an explanation of the
allegations.
City Attorney Hudson replied that an assault was alleged and outside Counsel was needed
to investigate and determine if prosecution should be sought.
(Discussion continued on following page)
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March 23, 1993
(Discussion continued from previous page)
- Councilmember Rettman said she would like the resolution to be amended to clarify what
was being investigated and asked that future resolutions include this type of information.
keep the process of hiring outside counsel uniform.
After further discussion regarding the potential need to lay over the resolution, the type of
assauft and the process for informing the Council in the future when outside Counsel is
- sought, Councilmember Rettman moved approval as amended.
� Adopted as amended Yeas - 6 Nays - 0
�;..:
ORDINANCES
25. Final Reading - 93-88 - An ordinance amending Chapter 60 of the Legislative Code
pertaining to rezoning in the Lexington-Hamline Neighborhood as recommended by the
Saint Paul Planning Commission. (Housing & Economic Development Committee
recommends approval as amended - Public Hearing held March 16th)
Councilmember Grimm said that item #31 was related and moved approval of both.
Adopted Yeas - 6 Nays - 0
31. Resolution - 93-87 - a resolution adopting the Lexington Hamline Small Area Plan as an
�=amendment to the City's Comprehensive Plan. (Laid over from March 11th)
Councilmember Grimm moved approval. .
- Adopted Yeas - 6 Nays - 0
26. -Final Reading - 93-258 - An ordinance Amending Chapter 60 of the Legislative Code
�pertaining to actions taken by the Council in conjunction with the petition of Milton Brink to
�� �ezone a portion of 1543 Payne Avenue to RM-2. (Public Hearing held March 16th)
� "Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
27. Final Reading - 93- 259 - An ordinance amending Chapter 60 of the Legislative Code
pertaining to actions taken by the Council in conjunction with a petition of Dayton's Bluff
NHS to rezone a portion of 688 E. Third Street to RT-1. (Public Hearing held March 16th)
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
28. Final Reading - 93-260 - An ordinance amending Chapter 60 of the Legislative Code
pertaining to action taken by the Council in conjunction with a petition to rezone 653 Galtier
and 648 Elfeft Streets to OS-1 for Frogtown Family Lofts. (Public Hearing held March 16th)
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
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March 23, 1993
29.: Final Reading • 93-261 - An ordinance amending Chapter 60 of the Legislative Code
pertaining to action taken by the Council in conjunction with a petition to rezone 1328 Point
Douglas Road South to B-3 to allow for a used car lot. (Public Hearing held March 16th)
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
30. Second 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)
Laid over until March 25th for Third Reading/Public Hearing.
COMMITTEE REPORTS:
Councilmember Long arrived at this point.
31. (See discussion earlier on the agenda)
32. Resolution - 93-336 - supporting the continuation of a Joint Property Tax Advisory
Committee befinreen the City of Saint Paul, Ramsey County and Ind School Dist 625.
(Intergovernmental Relations Committee recommends approval - laid over from March 16th
for adoption)
Councilmember Rettman questioned the meaning of "continuation". Councilmember Long
expressed conce�n about staff setting policy.
Councilmembers Long and Wilson reviewed the resolution.
After further discussion, Councilmember Long accepted as friendly, amendments proposed
by Councilmembers Maccabee and Rettman to clarify the functions of the Committees.
Councilmember Long moved approval of the resolution as amended.
Adopted as amended Yeas - 7 Nays - 0
33. Resolution - 93-337 - approving the 1993 Housing Action Program and accepting the 1992
Progress Report. (Housing & Economic Development Committee recommends approval -
laid over from March 16th for adoption)
Councilmember Grimm moved _approvaL
Councilmember Rettman expressed concern that language was not included to clarify that
support for cooperative relationships did not automatically commit City financing.
Councilmember Grimm and Council President �Ison spoke in opposition to adding such
language as it was not included in other similar reports.
�After further discussion, Councilmember Rettman moved approval of an amendment
,xegarding City funding.
Roll Call Yeas - 4 Nays - 3(Grim, Long, Wilson)
. Amendment adopted.
Councilmember Grimm renewed her motion for approval.
Adopted as amended Yeas - 7 Nays - 0
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March 23, 1993
34. Resolution - 93-338'- endorsing the United States Environmentai Protection Agency's Green
Lights Program. (Intergovernmental Relations Committee recommends approval - laid over
from March 16th for adoption)
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
PUBLIC HEARINGS:
�"Councilmember Maccabee left the meeting during the discussion of item # 35 and returned
`= later in the meeting.
35. Third Reading - 93-257 - An ordinance amending Chapter 60 of the Legislative Code
pertaining to zoning for the City of Saint Paul in conjunction with the petition of Cottage
Homesteads of Hillcrest to rezone property on VanDyke Street to RT-2. (Public Hearing
continued from March 16th)
Jerry Segal, Assistarrt City Attorney, clarified that the Council had conducted a Public
Hearing on the rezoning petition on March 31, 1992 as required by Minnesota State Law.
��Through an oversight the proper ordinance was not prepared for the Council in a timely
. manner and is now before Council. He stated that this is not the Public Hearing to consider
the rezoning, but the Public Hearing required at third readings of an ordinance. Mr. Segal
reviewed the rezoning proposed noting that a conditional use permit is required before the
project can proceed.
Councilmember �rimm summarized the differences between the rezoning and the SCUP
process. She said neighborhood representatives had concerns about the project and asked
that their testimony be taken on the final adoption of the ordinance.
�:�Mike Saxton, President of Cottage Homesteads expressed his frustration with the process
and asked the Council to adopt the rezoning ordinance.
Councilmember Guerin expressed concern about the time delay following the original Public
Hearing and questioned the need for additional testimony.
Councilmembers asked Jerry Segal, Assistant City Attorney to clarify the special condition
use permit process.
After further discussion about the SCUP process and the need for additional testimony,
Councilmember Grimm moved to close the Public Hearing.
Roll Call Yeas - 6 Nays - 0
Laid over until March 30th for Final Adoption.
36. Third Reading - 93-301 - An ordinance amending Chapter 60 of the Legislative Code
pertaining to aetion taken by the Council in conjunction with a petition of Douglas Jackson
to rezone 982 Thomas Avenue from OS-1 to B-1.
Laid over until March 30th for Final Adoption.
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March 23, 1993
37.:_ Final Order - 93-369 - In the Matter of construction of the 35E/Univers'ity Area Storm Sewer
Separation Project in an area bounded by Mt. Airy on the north, I/94 on the south, Rice
Street on the west and Brunson on the east. (Public Works Committee recommends
approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
38. Final Order - 93-370 - In the Matter of improving streets, installing concrete curb and
gutters, driveway aprons, improving boulevards and installing a lantern style street lighting
system in conjunction with the 35E/University Area Street Paving and Lighting Project.
(Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
39. Final Order - 93-371 - In the Matter of construction of sanitary sewer, storm sewer and/or
water service connections, if requested by the property owner, in conjunction with the
3�E/University Area Storm Sewer and Street Paving & Lighting Projects. (Public Works
Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
40. Final Order - 93-372 - In the Matter of acquiring temporary easements for public utility
purposes in conjunction with the Goodrich/Smith Storm Sewer Project. (Public Works
Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
41. Resolution Ratifying Assessment - 93-373 - In the Matter of sidewalk reconstruction on both
sides of E. Idaho Avenue from E. Shore Drive to Duluth Street. (Public Works Committee
recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Guerin left the meeting.
Councilmember Maccabee returned during the discussion of item # 42.
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March 23, 1993
42. Public Hearing on the petition of Embers Restaurant to rezone property from RM-2 to P-1
to allow a parking lot at 463 Fry Street. (Planning Commission recommends approval -
Zoning Committee recommends approval)
Kady Dadiez, Zoning Department reviewed the staff report and recommended approval.
Councilmember Grimm moved approval.
Motion of intent adopted Yeas - 5 Nays - 0
�"--Councilmembers Grimm, Maccabee and Rettman left during the following testimony.
� After the vote was recorded, Ruby Peterson, a resident near the Embers Restaurant said
there was no need for bushes around the parking lot because they will get trampled and
spoke in opposition to a right hand turn on red at University Avenue.
After discussion �among Councilmembers, Ms. Dadlez said she would meet with Ms.
Peterson and would discuss the turning lane with the Public Works Department.
Councilmembers Maccabee, Rettman and Guerin returned at this point in the meeting.
Councilmember Maccabee moved to suspend the rules to introduce the following
rresolution.
,. Adopted Yeas - 6 Nays - 0
. Aesolution - 93-314 - approving the issuance of $4,000,000 Industrial Development Revenue
Refunding Bonds=�for Weyerhaeuser Company.
Councilmember Maccabee moved to refer the resolution to the Housing & Economic
. Development Committee.
Referred to the Housing & Economic Development Committee.
Councilmember Guerin spoke in opposition to taking a position on this issue.
Councilmember Thune spoke in support of suspension and referral to Committee.
Council President Wilson spoke in opposition to introducing the resolution under
suspension.
Councilmember Long moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 6 Nays - 0
Resolution - 93-313 - opposing any pension benefit increase legislation being requested in
1993 by the Saint Paul Police Relief Association.
Following further discussion on the need for the resolution and the proper process.
Councilmember Long moved to refer the item to the Finance Committee.
Roll Call Yeas - 6 Nays - 0
Referred to Finance Committee
Councilmember Thune moved recess. �
Adopted Yeas - 6 Nays - 0
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March 23, 1993
The meeting was reconvened by President Wilson at 10:40 A.M.
Present - 5- Councilmembers Grimm, Guerin, Maccabee, Rettman, Wilson
Absent - 2- Councilmembers Long, Thune
ADDITIONAL ITEM:
1. Resolution - 93-308 - amending the 1992 Capital Improvement Program by transferring
spending & financing from the various projects with Municipal State Aid balances to the
Selby Avenue Bridge Project. (Laid over from March 18th)
Councilmember Maccabee distributed an amendment noting that it was not signed by the
Budget Director.
Councilmember Guerin said he supported the new bridge project but questioned where the
funds were coming from.
Councilmembers Long and Thune arrived at the meeting at this point.
Pam Wheelock, Budget Director, asked that the item be laid over to March 25th to give her
time to discuss the financing with the Public Works Department.
Councilmember Long questioned the sources of State funding.
Bob Porter, Director of the Selby Avenue Business Association, spoke in support of the
project.
Jerry Sogneson, Secretary/Treasurer of the Selby Avenue Business Association spoke in
support the new bridge projeck.
After further discussion, Councilmember Maccabee moved approval of the substitute
resolution with the condition of approval of the Budget Director.
Adopted Yeas - 7 Nays - 0
Councilmembers Long and Thune moved to adjourn the meeting.
Adopted Yeas - 7 Nays - 0
ADJOURNED AT 10:50 A.M.
� ,
,
ATTEST:
`� Coun ' residerrt, �Iliam Wilson
:�� , ,
;�
� Minutes approved by Council
City- le , Molly Rourke .
_ MO:dmb C1���-e- � �, % % 9�
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