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Minutes 02-25-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, February 25, 1993 5:00 P.M. Council Chambers Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was cailed to order by President Wilson at 5:00 P.M. Present - 4- Councilmembers Guerin, Long, Rettman, Wilson Absent - 3- Councilmembers Grimm, Maccabee, Thune (all three Councilmembers arrived during discussion of the first item of business. 27. Presentation of Youth of the Month Awards. Councilmembers Guerin, Long, Rettman and Wilson presented certificates to the Youth Volunteers of the Month. Councilmember Rettman moved suspension to introduce a resolution recognizing retiring City Employee Gary Norstrem and Proclaiming February 26, 1993 as Gary Norstrem Day in Saint Paul. Assistant City Clerk Swanson read a proclamation congratulating Gary Norstrem for his 32 years of service with the City and proclaiming February 26th as Gary Norstrem Day in Saint Paul. � Councilmember Rettman moved approval Adopted Yeas - 7 Nays - 0 Councilmember Grimm moved to suspend the rules to recall from the Housing and Economic Development Committee the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-205 authorizing the Housing & Redevelopment Association to act on behalf of the City of Saint Paul to issue bonds to refund the City's $50 million home ownership mortgage revenue bonds, and to sell the mortgage loans financed by the bonds. Keith Jans, PED, explained the process and that there was a deadline date of March 1, 1993. Motion to Adopt Adopted Yeas - 7 Nays - 0 After extensive discussion regarding why there was a change in Bond Counsel Mr. Jans explained that the procedure for selecting the Bond Counsel and Undervvriting Firm would have to be deferred to Mr. Peterson, Director of Planning and Economic Devetopment as . this was not in his jurisdiction. Councilmember Rettman stated she could not support this change and wished to change her vote. 103 February 25, 1993 Councilmember Maccabee requested that the whole �inanciai policy issue be referred to the Finance Committee or the Housing & Economic Development Committee. ` After further discussion, Councilmember Rettman suggested that the Finance Committee look at the financial policy issue. Adopted Yeas - 6 Nays - 1(Rettman) Assistant City Clerk Swanson noted that Administrative Order D'12332 should read Finance and Management Services Cable Communication Fund. Councilmember Rettman requested that the Minutes of February 9, Item 37 be amended to read, "Sewer Revenue Bonds could be used for Street Paving Projects only where sewer pipes are put in". Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 7 Nays - 0 CONSENT AGENDA FOR ACTION 1. Approval of City Council minutes of the February 2, 4, 8(closed session), and 9, 1993 � meetings. Adopted as amended Yeas - 7 Nays - 0 2. Administrative Orders D-12329 thru D-12334 noted as on file in the City Clerk's Office. 3. Petition of Patricia M. Krezowski to vacate property adjacent to 1910 Edgcumbe Road legally described as Lots 1 and 2, except the West 70' of said Lot 2, Joseph M. & Martin E. Thornton's Addition. Referred to the Finance Department 4. Letter of the Department of Planning, Zoning Division setting a date of Public Hearing for March 11, 1993 in the matter of a special condition use permit to allow a bed and breakfast at 284 So. Exchange Street. 5. Letter of the Department of Planning, Zoning Division setting a date of Public Hearing for March 23, 1993 in the matter of rezoning property by Embers Restaurant at 463 Fry Street from RM-2 (residential) to P-1 (parking) to allow a parking lot. 6. Letter from the Division of Public Health declaring the following properties to be 'Nuisance � Buildings': 217 Arundel Street and 1638 Concordia Avenue. (For notification purposes only - Public Hearings will be scheduled at a later date, if necessary) 104 February 25, 1993 7. Resolution - 93-209 - accepting a$15,000 grant from the Minnesota Department of Human Services for S'More Fun Program. Adopted Yeas - 7 Nays - 0 8. Resolution - 93-212 - authorizing a Pest Control Program on City Park properties and post notification of same. Adopted Yeas - 7 Nays - 0 9. Resolution - 93-213 - approving a communication service agreement with the City Hall/Courthouse Renovation Committee. Adopted Yeas - 7 Nays - 0 10. Resolution Approving Assessment - 93-214 - In the Matter of sidewalk reconstruction on the west side of Cedar Street from Sherburne to approximately 100' north of Sherburne and setting date of Public Hearing for April 27, 1993. Adopted Yeas - 7 Nays - 0 11. Resolution Approving Assessment - 93-215 - In the Matter of sidewalk reconstruction on both sides of E. Lawson Street from Payne to Greenbrier and setting date of Public Hearing for April 27, 1993. � Adopted Yeas - 7 Nays - 0 COMMITTEE REFERRAL: 12. Resolution - 93-216 - amending the 1993 Budget by transferring $407,535 to the financing and spending plans of the Police Department. (Finance) � Referred to the Finance Committee 13. Resolution - 93-217 - reconsidering C.F. 91-1072 action and initiating a process to reconsider previous Council Action on Shepard Road regarding the selection of a grade separated intersection at Chestnut Street. (Public Works) Referred to Public Works Committee ********************************************************************************** COMMITTEE REPORTS: 14. Resolution - 93-108 - approving an administrative resolution permanently establishing the vacation credits transfer policy in the Salary Plan and Rates of Compensation. (Finance Committee recommends approval) Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 105 February 25, 1993 15. Resolution - 92-776 - approving Fire Department Relief Association by-law amendment allowing survivor benefits to continue to spouses who remarry. (Finance Committee refers , to Council without recommendation) Councilmember Rettman recommended against adopting this resolution as it was granting a new benefit and the Police Relief Association could then request the same benefit as parity with the Fre Department. This could cost the City approximately $225,000, becoming an approximately $3.4 million financial obligation over the next 17 years. Councilmember Guerin spoke in favor of the resolution stating that the law is an outdated law and only affects 5 widows. The Police Relief Association have not petitioned for the same law. AI John, President of the Fire Relief Association, reviewed the history and the reason for this request. Councilmember Maccabee believed the issue was one of fairness and because the Firefighters were all men the pension rule only applied to women, thus this law may be discriminatory and against the City's Human Rights law. Councilmember Long suggested the issue be referred to either the State or PERA where it would have a minuscule effect. Council President Wilson requested that the City Attorney look into the issue and as to how it relates to ERISA as well as to the City's Human Rights law. After extensive discussion, Councilmember Guerin moved approval. Not Adopted Yeas - 2 Nays - 5(Grimm, Long, Thune, Rettman & , Wilson) Councilmember Guerin excused himself from the meeting. 16. Resolution - 93-157 - establishing a policy for the instaltation of all-way stop sign control at roadway intersections. (Public Works Committee recommends approval - Laid over from February 11 th) Councilmember Thune moved a one week lay over. Roll Call Yeas - 6 Nays - 0 Laid over until March 4th 17. Resolution - 93-72 - authorizing and entering into an agreement with the Department of Natural Resources for the construction and maintenance of a water access facility in Lilydale Park. (Public Works Committee - laid over from February 18th) Councilmember Thune moved approval Adopted Yeas - 6 Nays - 0 Councilmember Long left the meeting and returned later 106 February 25, 1993 18. Resolution - 93-139 - amending the budget by transferring spending and financing from the 1990 Major Sewer Repair Project and adding additional spending and financing of $49,0� � to the 1991 Seventh/Kellogg CSSP Project. (Public Works Committee - laid over from February 18th) Councilmember Thune moved approval Adopted Yeas - 5 Nays - 0 19. Resolution - 92-1748 - approving an agreement between the Minnesota Department of Transportation and the City of Saint Paul for the optimization of signal timing within and surrounding the Central Business District of Saint Paul. (Public Works Committee - laid over from February 18th) Councilmember Thune moved approval Adopted Yeas - 5 Nays - 0 20. 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 - laid over from February 18th) Councilmember Thune moved to lay over one week so that it would come up for adoption at the same time as item 21. Roll Call Yeas - 5 Nays - 0 Laid over to March 4th PUBLIC HEARINGS: 21. Third Reading - 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 Works Committee - laid over from February 18th) Councilmember Rettman passed out a memo from Mr. McGuire explaining that PED has no problem with this ordinance or the moratorium and that there are no pending applications. Laid over until March 4th for Final Adoption Councilmember Long returned to the meeting. 22. Resolution - 93-218 - approving an application for a new State Class B Gambling Premise Permit by Lower East Side Football Association at �deo King, 889 Arcade Street. Councilmember Grimm moved approval Adopted Yeas - 6 Nays - 0 23. Resolution - 93-219 - approving an application for a Massage Parlor-A License by Body Balance Therapeutic Massage dba Body Balance at 400 Selby Avenue. Councilmember Thune moved approval Adopted Yeas - 6 Nays - 0 107 February 25, 1993 24. Resolution - 93-220 - ordering the owner to remove or compete the repair or removal of property at 1720 Juliet Avenue. (Neighborhood Services Committee recommends striking) Councilmember Long moved to strike. Stricken Yeas - 6 Nays - 0 25. Resolution - 93-221 - ordering the owner to remove or complete the repair of properly at , 109 Leech Street within 30 days after approval and publication of the resolution. (Neighborhood Services Committee recommends approval including completion of code compiiance and certificate of occupancy) Councilmember Thune moved approval Adopted Yeas - 6 Nays - 0 26. Resolution - 93-222 - ordering the owner to remove or comple#e the repair of property at 111 Leech Street within 60 days after approval and publication of the resolution. (Neighborhood Services Committee recommends approval) Councilmember Long moved approval Adopted Yeas - 6 Nays - 0 Councilmember Maccabee requested that a Councilmember move reconsideration of Resolution 93-776 to request a City Attorney opinion. After extensive discussion Council President Wilson suggested that this is a resolution and a new resolution could be brought forward based on any new findings and the City Attorney could give some dire�tion. Councilmember Long moved to adjourn the meeting. , Adopted Yeas - 6 Nays - 0 ADJOURNED AT 7:15 P.M. ATTEST: ouncil President, William Wilson �i�CL�c� �io�i Minutes approved by Council Assistant City Clerk, Frances Swanson FS:dmb �� a 3 � 9�'� 108