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Minutes 03-04-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, March 4, 1993 5:00 P.M. Council Chambers Third Floor City Hall and Court House . Salnt Paul, Minnesota The meeting was called to order by Presiderrt �ison at 5:05 P.M. Present - 6- Councilmembers Grimm, Guerin, Maccabee, Rettman, Thune, Wilson Absent - 1- Councilmember Long (arrived later in meeting) Councilmember Thune requested that item # 24 be removed from the Consent Agenda and approved today as bids needed to be opened. Councilmember Rettman noted that item # 21 did not need to go to the Finance Committee but should be laid over one week for adoption. Councilmember Long arrived during discussion of the Consent Agenda. Councilmember Maccabee moved approval of the Consent Agenda as amended. Adopted Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION 1. Approval of the City Council minutes of the February 18 and 23, 1993 meetings. Adopted Yeas - 7 Nays - 0 2. Claims of Robin Ann Fitz and Group Health Inc. for Constance Collova. Referred to City Attorney's Office 3. Letter of the Valuation Engineer recommending a date of Public Hearing of April 6, 1993 in the petition of Jerome Koslowski for the vacation of part of the alley in Block 3, Denny Hill Addition, bounded by Payne, Ivy, Clear and Greenbrier Street. 4. Letter of the Valuation Engineer recommending a date of Public Hearing of April 6, 1993 in the petition of Housing Redevelopment Authority for the vacation of the alley in Block 11, Bazil and Guerin's Addition, bounded by Seventh Street, Seventh Place, Wabasha and St. Peter Streets. 114 March 4, 1993 5. Resolution - 93-237 - approving the appointment by the Mayor of John Hoeschler and Gary Iverson to the Riverfront Redevelopment Corporation. (To be laid over one week for adoption) Laid over to March 11, 1993 6. Resolution - 93-238 - approving the reappoirrtments of Councilmember Marie Grimm and Karen Muller to the Minneapolis/St. Paul Family Housing Fund Board. (To be laid over one week for adoption) Laid over to March 11, 1993 7. Resolution - 93-239 - approving payment of $3,000 from the Tort Liability Fund to Lori Ann Lange in settlement of her claim. Adopted Yeas - 7 Nays - 0 8. Resolution - 93-240 - authorizing the City to apply for funds through the U. S. Department of Housing and Urban Developmerrt HOME Program. Adopted Yeas - 7 Nays - 0 9. - Resolution - 93-241 - approving an easement agreement between Kent Lanz and Jeannine �_ Lanz and the Board of Water Commissions allowing access to their home at 1579 Ash Street aka County Road J. �Adopted Yeas - 7 Nays - 0 �. 10. Resolution - 93-242 - approving action taken by the Council for approval of a final plat for Luther Northwestern Addition to allow new Lutheran Social Service administrative building. (Public Hearing held May 19, 1992) Adopted Yeas - 7 Nays - 0 11. Resolution Approving Assessment - 93-243 - In the Matter of sidewalk reconstruction on the north side of Carroll Avenue from Ferdinand to N. Howell and setting date of Public Hearing for May 4, 1993. Adopted Yeas - 7 Nays - 0 12. Resolution Approving Assessment - 93-244 - In the Matter of sidewalk reconstruction on both sides of Suburban Avenue from Earl to Frank and setting date of Public Hearing for May 4, 1993. Adopted Yeas - 7 Nays - 0 13. Resolution Approving Assessment - 93-245 - In the Matter of sidewalk reconstruction at 409 and 425 N. Wheeler and setting date of Public Hearing for May 4, 1993. Adopted Yeas - 7 Nays - 0 115 March 4, 1993 14. Resolution Approving Assessmerrt - 93-246 - In the Matter of sidewalk reconstruction on the north side of Nokomis Avenue from Tewanna Place to 2033 Nokomis, the south side of Nokomis Avenue from Pedersen to N. Ruth and both sides of Ruth Street from E. Fifth to Margaret and setting date of Public Hearing for May 4, 1993. Adopted Yeas - 7 Nays - 0 15. Resolution Approving Assessmerrt - 93-247 - in the Matter of sidewalk reconstruction on both sides of Edmund Avenue from N. Dunlap to N. Griggs, the west side of Dunlap Street from Edmund, south to the atley and both sides of Englewood Avenue from N. Griggs to N. Syndicate and setting date of Public Hearing from May 11, 1993. Adopted Yeas - 7 Nays - 0 16. Resolution Approving Assessmerrt - 93-248 - In the Matter of sidewalk reconstruction on both sides of Case Avenue from Weide to Arcade, both sides of E. lowa Avenue from Hazelwood to Kennard and both sides Kennard Street from E. Montana to E. Hoyt and setting date of Public Hearing for May 11, 1993. Adopted Yeas - 7 Nays - 0 17. Resolution Approving Assessment - 93-249 - In the Matter of sidewalk reconstruction on both sides of California Avenue from Kennard to White Bear and both sides of Jenks Avenue ftom Arcade to Mendota and setting date of Public Hearing for May 4, 1993. Adopted Yeas - 7 Nays - 0 18. . Resolution Approving Assessmerrt - 93-250 - In the Matter of sidewalk reconstruction on . both sides of Birmingham Street from E. Maryland to E. Ivy and both sides of E. lowa �3Avenue from Gary Place to N. Hazel and setting date of Public Hearing for May 4, 1993. , Adopted Yeas - 7 Nays - 0 19. Resolution - 93-251 - denying the appeal of Joseph Letourneau to a Summary Abatement order of the Division of Health for property at 1350 W. Minnehaha, with the property to be cleaned up within twenty-four (24) hours after publication of this resolution. Adopted Yeas - 7 Nays - 0 COMMITTEE REFERRAL: 20.: Resolution - 93-252 - amending the 1993 Budget to remove Planning and Economic Development Department Professional Services Funds from Corrtingency for Planning & _�,Economic Development. (Finance) � Referred to Finance Committee 21. Resolution - 93-253 - approving the agreement with the Independent School District # 625 and Teamsters Local 320/Food Service Personnel. Laid over to March 11, 1993 for adoption. 116 March 4, 1993 22.�� Resolution - 93-254 - approving the creation of a new classification of Police Dispatcher in Grade 35 of the Clerical Standard Salary Ranges. (Finance) Referred to Finance Committee 23. Resolution - 93-255 - approving Parks and Recreation Commission's report A STRATEGY FOR NEIGHBORHOODS IN TRANSITION. (Human Services, Health & Business Regulation) Referred to Human Services, Health & Business Regulations Committee 24. . Resolution - 93-256 - amending the 1993 Capital Improvement Budget revising the spending �> .and financing plans for Lexington Parkway - Lincoln to University reconstruction project. Paul St. Martin, representative of Public Works Department, said that bids were set to be opened on April 21 st and approval of the additional funding was needed prior to that time. Councilmember Rettman expressed concern about the proposed improvements which were more expensive than that recommended by the Capital Improvement Budget Committee. Councilmember Rettman moved approval of the resolution with the deletion of $370,000 for amenities not recommended by the CIB Committee and expressed concern that the money for these amenities were coming from the Council's Contingency Fund. Councilmember Maccabee spoke in support of the staff recommendation for the higher ,, allocations due to the extensive community involvement in planning this project. She asked several questions of Bruce Englebrect of the Budget Office on the financing sources being used and the impact on other projects. �John Wirka, representative of the Parks Division spoke in support of the current plan and highlighted the e�ctensive neighborhood involvement in developing the plan. He also noted that eliminating the more expensive amenities would still require an additional allocation of $200,000 to fund basic amenities. Council President Wilson spoke in favor of allocating the higher amount and summarized the long and contemptuous history of this project. After further discussion regarding the funding sources being used, Councilmember Rettman withdrew her motion and moved approval with a further resolve that called for the funding from Council Contingency be replaced. Adopted Yeas - 7 Nays - 0 Councilmembers Thune and Long left and returned later in the meeting. ORDINANCES 25. Final Adoption - 93-156 - An interim ordinance preserving the status quo with respect to the use of property within the City of Saint Paul, pending the completion of studies of possible amendments to the City's Comprehensive Plan and Regulatory ordinances relating to the construction of towers and ancillary installations for the transmission of cellular phone messages. (Public Hearing held February 25, 1993) Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 117 March 4, 1993 Councilmember Long returned at this point in the meeting. 26. First 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 Van Dyke Street to RT-2. (Public Hearing held March 31, 1992 -Housing & Economic Development) Council Presiderrt Wilson asked that this item be scheduled for action at the request of Planning & Economic Development staff due to the length of time that has passed since the Public Hearing was held. Councilmember Grimm spoke in favor of laying the matter over indefinitely due to community concerns about rezoning if the developer withdraws from the project. Councilmember Thune returned during the discussion of this item. Councilmembers questioned the length of time these ordinances took to return to the Council following the Public Hearing and the impact of a negative vote by the City Council. Councilmember Guerin asked the City Attorney to review the situation and determine if the Council has any authority to deny the rezonings. In response to questions, City Clerk O'Rourke noted that the Planning & Economic Development Department was responsible for drafting the ordinances and had been hindered by a lack of staffing in the Zoning Section. Councilmembers asked that a representative of the Planning & Economic Development Departmerrt attend the Second Reading to explain the lengthy delays. Laid over until March 11, 1993 for Second Reading. 27.�.��irst Reading - 93-258 - An ordinance amending Chapter 60 of the Legislative Code �� pertaining to action taken by the Council in conjunction with a petition by Milton Brink to rezone a portion of 1543 Payne Avenue to RM-2. (Public Hearing Held January 5, 1993 - Housing & Economic Development) Council President �Ison asked that the item be held for action at the request of PED staff. Laid over until March 11, 1993 for Second Reading. 28. First Reading - 93-259 - An ordinance amending Chapter 60 of the Legislative Code pertaining to action 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 December 15, � � 1992) � over until March 11, 1993 for Second Reading. 29. First 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 rezoning of 653 and 648 Elfelt Streets to OS-1 for Frogtown Family Lofts. (Public Hearing held October 17, 1991) Laid over urrtil March 11, 1993 for Second Reading. 118 March 4, 1993 30. � First 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 rezoning of 1328 Point Douglas Road South to B-3 to allow for a used car lot. (Public Hearing held January 23 and February 6, 1992) Laid over until March 11, 1993 for Second Reading. COMMITTEE REPORT: 31. ,Resolution - 93-154 - directing a study of the City's Comprehensive Plan & Zoning Regulation to address locations of cellular phone antennas and towers. (Public Works Committee recommends approval - laid over from February 25th) Following questions by Councilmembers Maccabee and Guerin, Councilmember Rettman summarized the history of this issue and noted that all outstanding applications for antennas and towers have been resolved. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 32. Resolution - 93-157 - establishing a policy for the installation of all-way stop sign control at roadway intersections. (Public Works Committee recommends approval - Laid over from : February 26th.) Councilmember Thune summarized the policy and moved approval. Councilmember Maccabee raises questions regarding the process for removing stop signs. Terry Sullivan, Assistant City Attorney discussed a substitute resolution recommended by Jerry Segal. Following a brief discussion regarding the accuracy of the resolution and whether they reflected the intent of the Council, Councilmember Thune moved a two week lay over. Laid over to March 18, 1993 33. Resolution - 93-262 - supporting legislation to allow the City to issue temporary liquor licenses at the Como Lakeside Pavilion and Town Square Park. (Intergovernmental Relations Committee sent to Council without recommendation) Councilmember Rettman expressed some concerns about the wording of the agenda item and the resolution as several people had called to express concern about the City selling liquor at these establishments. It was noted that the resolution, as drafted, only gave the City authority to issue a temporary liquor license to renters at these establishments. After a brief discussion, Councilmember Long and Rettman moved approval as amended to clarify the Citys' involvement in this process. Adopted as amended Yeas - 7 Nays - 0 119 March 4, 1993 PUBLIC HEARINGS: 34. Resolution - 93-263 - approving an application for a Massage Therapist License by Michael Musto dba Michael Musto Professional Massage Therapy at 2221 Ford Parkway. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 35. Public Hearing to consider an application for a sound level variance from the St. Paul Department of Public Works to faci(itate construction along railroad track area near 695 Watson Avenue and 676 Armstrong Avenue between the hours of 10:00 P.M. and 7:00 P.M. from July 9 through July 12, 1993. Frank Staffenson, #rom License, Inspections and Environmental Protection, summarized the variance being requested and presented his recommendations. An unidentified staff member from Public Works was present to respond to Councilmembers questions. After a brief discussion of the impact on the neighborhood and whether there had been adequate neighborhood notification, Councilmember Thune moved a motion of intent to approve the staff recommendations for the noise variance. Motion of interrt to approve adopted Yeas - 7 Nays - 0 Council President �Ison distributed some information regarding a proposed merger of the City and County Treasurer's Division. Councilmembers expressed concern about the proposed merger. Councilmember Maccabee urged the County and Legislature to secure Gary Nordstrom as an impartial consultarrt, given his long history with this issue. After extensive discussion, Councilmembers agreed to draft a letter to Ramsey County Commissioners, the Ramsey Courriy Legislative delegation and Mayor regarding the proposed merger and the process for reviewing the proposal. Councitmember Guerin spoke in favor of the merger. Council President Wilson agreed to draft a letter for review by the Council next week. He also asked that potentially corrtroversial items be brought in at Council and referred to Committee so that the full Council could be aware of issues under discussion at the Committee level. 120 March 4, 1993 ; After further discussion regarding the process for analyzing the proposed merger, `: Councilmembers Thune and Maccabee moved adjournment. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 6:20 P.M. , � � ATTEST: '' � Council President, William Wilson > � ,� ; Minutes approved by Council City Clerk, Molly O'Rourke MO:dmb %���z� �D',, / � 93 121