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Minutes 03-16-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, March 16, 1993 �� 9:00 A.M. Council Chambers ' Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by �ce President Rettman at 9:00 A.M. Present - 5- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman Absent - 2- Councilmembers Thune and Wilson (arrived during discussion of the Consent Agenda. Councilmember Rettman requested that item # 10 be laid over one week to allow time for amendments to be drafted. Councilmember Rettman requested that item # 11 be laid over one week because attachments were not included in Councilmembers packets. Councilmember Rettman asked that item # 22 not go to Committee, but be laid over one . week for adoption and that item # 21 be pulled for consent and approval. , Councilmember Maccabee moved approval of the Consent Agenda as amended. Adopted s Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION 1. Letter of the Ramsey County Department of Taxation transmitting application AC 92-6104 for reduction of assessed valuation of real estate at 9th Street East. (Finance Department recommends approval.) cc# 13716 2. Letter from the Division of Public Health declaring the following properties to be 'Nuisance Buildings': 57 Manitoba Avenue, 769-71 University Avenue W. and 5� VanBuren Avenue. (For notification purposes only - public hearings will be scheduled at a later date, if necessary.) 3. Resolution - 93-200 - approving the appointments and reappointments by the Mayor to the St. Paul Planning Commission. (Laid over from March 9th for adoption.) Adopted during the Consent Agenda but reconsidered at end of ineeting and laid over until March 23rd. . 4. `; Resolution - 93-264 - approving the `appointment of Lorraine Hosley to the Food and . Nutrition Commission. (l.aid over from March 9th for adoption.) Adopted Yeas - 7 Nays - 0 141 March 16, 1993 5. Resolution - 93-265 - approving the appointments and reappointments by the Mayor to the Youth Movemer�t Committee. (Laid over from March 9th for adoption.) Adopted Yeas - 7 Nays - 0 6..- Resolution - 93-316 - approving the appointment of Ralph Currier to the Capital Improvement Budget Committee. (To be laid over one week for adoption.) Laid over until March 23rd for adoption. 7. Resolution - 93-317 - approving the attached Memorandum of Agreement between the � Independent School District No. 625 and the Twin City Glaziers, Architectural Metals and Glass Workers, Local 134. (To be laid over one week for adoption.) Laid over until March 23rd for adoption. 8. Resolution - 93-318 - approving the attached 1993-1994 Collective Bargaining Agreement between the City of St. Paul and the St. Paul Manual and Maintenance Supervisors Association. (To be laid over one week for adoption.) Laid over until March 23rd for adoption. 9. Resolution - 93-319 - approving the attached 1992-1993 Collective Bargaining Agreement between the City St. Paul and St. Paul Fire Supervisory Association. (To be laid over one week for adoption.) Laid over until March 23rd for adoption. 10. � Resolution - 93-320 - resolution outlining City requirements relative to the reclass'�fication � of the St. Paul Roadways within Ramsey Courrty. Laid over until March 23rd. Councilmember Long moved to suspend the rules to recall the following from the Public Works Committee. Adopted Yeas - 7 Nays - 0 Resolution - 93-19 - resolution outlining City Requirements relative to the reclassification of St. Paul Roadways within Ramsey County. (Duplicate of 93�20) Withdrawn 7-0 11. . Resolution - 93-321 - authorizing the City of St. Paul Police Departmerrt to enter into an agreement and accept a grarrt award from the State of Minnesota for the operation of the Police Athletic Liaison Program. Laid over until March 23rd. 12. Resolution - 93-322 - approving the request of the City Attorney to appoirrt Jane Hogan as special counsel to represent the City of St. Paul. Adopted Yeas - 7 Nays - 0 142 March 16, 1993 13;;�- Resolution - 93-323 - authorizing payment of $10,000 to Margo Cook from the Tort - Liability Fund in settlement of her claim. Adopted Yeas - 7 Nays - 0 14. Resolution - 93-324 - authorizing the Department of Public Works to apply for a State Revolving loan and authorizing certain City officials to sign loan application documents for the Inflow/Infiltration program and a structural study of various interceptors. Adopted Yeas - 7 Nays - 0 15. Resolution - 93-325 - supporting the efforts of the St. Paul and Roseville Area Schools to develop a plan for voluntary integration of their two school systems. Adopted Yeas - 7 Nays - 0 16. Resolution - 93-326 - approving the applications for funding from the Youth Programs Fund. Adopted Yeas - 7 Nays - 0 17. Resolution - 93-327 - approving action of the Property Code Enforcement Board of Appeals, dated February 11, 1993 for properties located at 820 E. 3rd St., Frances M. Tuccitto appellant; 200 E. Plato Blvd., Otis F. Godfrey, Jr. appellant; 1560 Grand Ave., Daniel L. Dobson appellant and 547 Beaumont St., James Somers appellant. :: Adopted Yeas - 7 Nays - 0 g F 18. {. Preliminary Order - 93-328 - in the matter of sidewalk construction at the following . location: E. Jessamine Ave. from Breen St. to N. White Bear Ave. and setting a date of public hearing for April 20, 1993. Adopted Yeas - 7 Nays - 0 19. Resolution - 93-329 - in the matter of the assessment of benefits, cost and expenses for demolition of Vacant Buildings for January and February, 1993; Boarding-up of Vacant Buildings for December, 1992 and January, 1993; Recovering Administrative Charges incurred by the Health Dept. for February, 1993 and Property Clean-up for Winter, 1993 and setting a date of public hearing for May 11, 1993. Adopted Yeas - 7 Nays - 0 20. Resolution - 93-330 - in the matter of the assessment of benefits, cost and expenses for sidewalk construction on the West side of Atlantic St. from E. Fifth St. to 60 feet North of E. Fifth St. and both sides of E. Fifth St. from Atlantic St. to Johnson Pkwy. and setting a date of hearing for May 18, 1993. Adopted Yeas - 7 Nays - 0 �� - COMMITTEE REFERRALS: 21. (See Discussion later in meeting) 143 March 16, 1993 22. Resolution - 93-332 - approving the attached Memorandum of Agreement between the City of St. Paul and the Un'rted Association of Plumbers Local Union N. 34. (Finance Cte.) Laid over until March 23rd for adoption. 23. Resolution - 93-333 - approving the release of utility easements in various street and alleys bounded by Case Ave., Agate St., Cayuga St. and the Soo Line Railroad. (Public Works Cte.) Referred to Public Works Committee. ***�**************************************************************************** 44 Recognition of Don Tufte, retiring City Employee. Councilmember Thune recogniied Mr. TuFte for his 33 years with the Public Works Departmerrt and presented him with an honorary plaque. Councilmembers also thanked Mr. Tufte and wished him well in his retirement. 21. Resolution - 93-331 - amending the 1993 Budget by transferring $80,000 from excess revenues to salaries in the Rella Havens Memorial Fund to retain Southeast Asian Liaison Management Trainee. Susan Cantu, Ubrary Administration, explained the funds were needed to hire part time help while full time employees are in TQI training. Councilmembers Maccabee and Rettman spoke in opposition to the use of funds to hire additional help while staff attended training. = Councilmember Guerin spoke in opposition to keeping temporary employees on staff until � they are able to pass a civil service test. �� Ms. Cantu responded to Councilmembers questions following further discussion between - � Councilmembers Rettman and Maccabee. Councilmember Rettman moved approval as amended to exclude the $5,000 in staff coverage for training. � Adopted as amended Yeas - 7 Nays - 0 ORDINANCES 24. Second Reading - 93-279 - An interim ordinance amending Section 60.201 of the Saint Paul Legislative Code providing an interim zoning regulation pertaining to Adult Bookstores pending the outcome of a study of the City's Regulatory ordinances relating to the adult bookstores and zoning classification and districts being done by the Planning Commission. (For Action.) Laid over until March 18th for Third Reading. 25. Second Reading - 93-280 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code regarding the rezoning of 118 Front Avenue from RT-1 to P-I. (Public Hearing held on October 3, 1991, For Action.) Laid over until March 18th for Third Reading. 144 March 16, 1993 26.� Second Reading - 93-281 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code regarding the rezoning of a portion of 1215 N. Dale Street from B-3 to R-3. (Public Hearing held on August 25, 1992, For Action.) Laid over until March 18th for Third Reading. 27. First Reading - 93-334 - An ordinance for the Saint Paul Legislative Code creating penalties for individuals who commit harassment against another. (For Action.) Councilmember Maccabee asked that this item be referred to Committee. After a brief discussion on the appropriate committee referral, Councilmembers Maccabee moved referral to the Intergovernmental Relations Committee. Roll Call Yeas - 7 Nays - 0 Referred to Intergovernmental Relations Committee. COMMITTEE REPORTS: 28. First Reading - 93-335 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code pertaining to minimum health standards and adding provisions relating to . commercial, industrial and institutional uses. (Neighborhood Services Cte. recommends approval.) Laid over until March 23rd for Second Reading. 29. ;� : Second Reading - 93-140 - An ordinance amending Chapter 34.35 of the Saint Paul . Legislative Cod,� 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 Cte. recommends approval as amended.) Committee amendment approved and Laid over until March 18th for Third Reading/Public Hearing. . 30. Resolution - 93-336 - supporting the continuation of a Joint Property Tax Advisory Committee between the City of St. Paul, Ramsey County and Independent School District 625. (Intergovernmental Relations Cte. recommends approval - to be laid over one week, original in committee.) Laid over until March 23rd for adoption. 31. Resolution - 93-337 - approving the 1993 Housing Action Program and accepting the 1992 Progress Report. (Housing & Economic Development Cte. recommends approval - to be laid over one week, original in committee.) Laid over until March 23rd for adoption. 32. Resolution - 93-338 - endorsing the United States Environmental Protection Agency's Green Lights" Program. (Intergovernmental Relations Cte. recommends approval - to be laid ovsr one week, original in committee.) Councilmember Rettman asked that information be distributed on the program. Laid over until March 23rd for adoption. � 145 March 16, 1993 PUBLIC HEARINGS: 33. Third Reading - 93-88 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to rezoning in the Lexington-Hamline Neighborhood as recommended by the St. Paul Planning Commission. (Housing & Economic Development Cte. recommends approval as amended.) Margaret Martin, 1366 Selby Avenue said residential property owners were in support of rezoning the Industrial properties to residential. Councilmember Grimm moved to close the Public Hearing. ==� Adopted Yeas - 7 Nays - 0 Councilmember Long left the meeting at this point. Councilmember Maccabee reviewed past e�cpansion on Selby Avenue and recommended approval of the Housing & Economic Development Committee amendments. Roll Call Yeas - 6 Nays - 0 Laid over until March 23rd for Final Adoption. Councilmember Long returned at this point in the meeting. 34. Third Reading - 93-257 - an ordinance amending Chapter 60 of the Legislative Code pertaining to zoning for the City of St. paul in conjunction with the petition of Cottage - Homesteads ofiHillcrest to rezone property on VanDyke Street to RT-2.- (For Action) Councilmember Grimm requested the Public Hearing be- laid over one week due to : neighborhood concerns. x,� Roll Call Yeas - 7 Nays - 0 ?: Laid over Public Hearing until March 23rd. 35. Third 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 rezone a portion of 1543 Payne Avenue to RM-2. (For Action) No one appeared in opposition. Laid over until March 23rd for Final Adoption. 36. Third 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-I. (For Action) No one appeared in opposition. Laid over until March 23rd for Final Adoption. 37. Third 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 Elfelt Streets to OS-1 for Frogtown Family Lofts. (For Action) No one appeared in opposition. Laid over until March 23rd for Final Adoption. 146 March 16, 1993 38.�,; Third 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. (For Action) No one appeared in opposition. Laid over until March 23rd for Final Adoption. 39. Resolution - 93-339 - approving an application for an On Sale Liquor-A, Sunday On Sale Liquor, Restaurant-D and Entertainment-III License for Chi-Chi's Midwest Inc., dba Chi- Chi's Mexican Restaurante at 389 N. Hamline Avenue. Councilmember Rettman said the Vicense Division requested this item be laid over until March 25th. Laid over until March 25th. 40. Resolution - 93-340 - Ratifying assessment for installation of a water service connection, in conjunction with the Conway/Germain Area Combined Sewer Separation Program project; the Macalester/Bayard Area CSSP project, and the Hazelwood/Case Area CSSP Project. ; No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 41. ;= Resolution Ratifying Assessment - 93-341 - in the matter of assessment of benefits, cost F and expenses �or the Lowertown Streetscape Extension Project: (Public Works Cte. recommends approval) ,, No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 42. Resolution - 93-342 - approving the petition of R P and G Enterprises for the vacation of part of Wynne Avenue between Aldine and �nston Street for the purposes of parking and a storage building. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 43. Public hearing on an application for a Liquor On Sale, Liquor On Sale Sunday, Entertainment Class 111 and Restaurant (D) License for Mangini's Restaurant at 1177 Clarence Street. _:. Councilmember Grimm noted that this license application had kieen brought up under suspension and approved on February 2, 1993 under C.F. 93-124. Councilmember Long moved reconsideration of the following resolution that had been adopted on the Consent Agenda. Roll Call Yeas - 7 Nays - 0 147 March 16, 1993 3. Resolution - 93-200 - approving the appointments and reappointments by the Mayor to the St. Paul Planning Commission. (Laid over from March 9th for adoption.) Councilmember Long said that Dick Anfang, representative of the Building Trades had expressed concerns about the appointment and would like time to discuss this with the Administration. After a brief discussion, it was agreed to lay over the item one week for adoption. Laid over until March 23rd for adoption. MISCELLANEOUS: 45. Communication from the St. Paul Charter Commission recommending that the City of St. Paul amend the Charter of the City of St. Paul to eliminate the publication of resolutions and provide that resolutions would become effective upon adoption and approval by the Mayor. A brief discussion ensued between Councilmembers and City Clerk O'Rourke on the on the matter of the proposal. Councilmember Rettman spoke in opposition. Councilmembers decided that no action could be taken in its present form and asked that the City Attorney prepare the proper ordinance. cc # 113719 Council President �Ison distributed and summarized three amendments to C.F. 93-295 = regarding State�legislation to enact a 1/2 cerrt sales tax-introduced at the March 11th Council Meeting. �: Councilmembers discussed potential changes/additions, to the proposed amendments; �-�,: whether these issues were discussed during last Thursday's Public Hearing, and whether �:. additional testimony should be sought. After extensive discussion, Council President Wilson said he would have a draft of a resolution containing the amendments distributed to Councilmembers. Councilmembers agreed to hear the matter on Thursday, March 18th. Council President �Ison invited everyone to march in the Saint Patrick's Day Parade on March 17th. Councilmember Long moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 URNEQ .QO A.M. ATTEST: � r ��� Councit� i ent, William Wilson f �,;� � ,� �� � Minutes approved by Council City Cl r; Molly O' ourke �� � 9 cI3 �AO:dmb G ���`� ' 148