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Minutes 02-18-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, February 18, 1993 5:00 P.M. Council Chambers Third Fioor City Hall and Court House Saint Paui, Minnesota The meeting was called to order by President Wiison at 5:00 P.M. Present - 5- Councilmembers Grimm, Guerin, Rettman, Thune, Wilson Absent - 2- Councilmembers Maccabee (vacation), Long (arrived later in meeting) Councilmember Guerin recommended that item # 17 be referred to one Committee, not two. After some discussion, Councilmembers agreed to refer the item to the Public Works Committee. Councilmember Grimm explained the substitute resolution for item # 6 corrects technical . drafting errors. Councilmember Grimm moved approval of the Consent Agenda as amended. Adopted Yeas - 5 Nays - 0 CONSENT AGENDA FOR ACTION 1. Approval of the City Council minutes of the January 19, 1993 meeting. Adopted Yeas - 5 Nays - 0 2. Claims of Allison Davis, Thomas W. Heywood, John R. Ledo, Nora Kay Ranney, Pamela Roark, St. Paul Water Utility. Referred to City Attorney's Office. 3. Administrative Orders D-12318 thru D-12328 noted as on file in the City Clerk's Office. 4. Summons in Application for Registration of Land In the Matter of the application of LeRoy . Meyerson and Sandra Meyerson. Referred to the city Attorney's Office. 5. Letter from the Division of Public Health declaring the following properties to be "Nuisance Buildings"; 631 Arcade Street, 698 Kansas Avenue and 543 Sherburne Avenue. (For noti�cation purposes only, public hearings will be scheduled at a later date, ff necessary) cc # 13711 92 February 19, 1992 6. Resolution - 93-180 - denying an appeal by Alan W. Hanson and Karen M. Celski for a broken sewer line located at 2033 E. Hyacinth Avenue. (Public Hearing held August 13, 1992) Adopted a substitute Yeas - 5 Nays - 0 7. Resolution - 93-188 - denying the appeal by Roy and Byrdi Moody to a Summary Abatement for property at 843 Dayton Avenue. (Public Hearing held December 1, 1992) Adopted Yeas - 5 Nays - 0 8. Resolution - 93-187 - denying the appeal by Bee Moua to a Summary Abatement for property at 1263 Edgerton Street. (Public Hearing held December 10, 1992) Adopted Yeas - 5 Nays - 0 9. Resolution - 93-186 - accepting a$430,000 grant from the Metropolitan Council for Como Park and Como Conservatory. Adopted Yeas - 5 Nays - 0 10. Resolution Approving Assessment - 93-181 - In the Matter of the St. Peter Streetscape Project and setting date of Public Hearing for April 13, 1993. Adopted Yeas - 5 Nays - 0 11. Resolution Approving Assessment - 93-182 - In the Matter of sidewalk reconstruction on both sides of Cherokee Avenue from W. Page to W. Curtice; both sides of W. Curtice Street from Ohio to Manomin; both sides of Ottowa Avenue from W. Curtice to W. �nona and both sides of W. Stevens Street from Charlton to Bellows and setting date of Public Hearing for April 13, 1993. Adopted Yeas - 5 Nays - 0 12. Resolution Approving Assessment - 93-189 - In the Matter of sidewalk reconstruction on the north side of Saunders Avenue from S. Howell to Kenneth and the south side of Saunders Avenue from S. Howell to S. Wilder and the south side of Wilder Street from Saunders to , Montreal and setting date of Public Hearing for April 20, 1993. Adopted Yeas - 5 Nays - 0 13. Resolution Approving Assessment - 93-190 - In the Matter of sidewalk reconstruction on both sides of Montrose Lane from Randolph to Hartford and setting date of Public Hearing for April 20, 1993. Adopted Yeas - 5 Nays - 0 14. Resolution Approving Assessment - 93-191 - In the Matter of sidewalk reconstruction on both sides of Burr Street from Case to Jenks and setting date of Public Hearing for April 20, 1993. Adopted Yeas - 5 Nays - 0 93 February 18, 1993 ` 15. Resolution Approving Assessment - 93-192 - in the Matter of sidewaik reconstruction on both sides of E. Nevada Avenue from Flandrau to N. White Bear Avenue and setting date of Public Hearing for April 20, 1993. Adopted Yeas - 5 Nays - 0 16. Resolution approving Assessment - 93-193 - In the Matter of sidewalk construction and/or reconstruction on the west side of Hazelwood Street from E. Ivy to Sherwood at 1366 Hazelwood and the south side of E. Ivy Avenue from Kennard to extended west line of Germain and setting the date of Public Hearing for April 20, 1993. = Adopted Yeas - 5 Nays - 0 COMMITTEE REFERRAL: 17. Request by Joan Riebel, 130 N. Lexington Parkway to appear before the City Council in regard to a landscaping proje�t on her property. (Public Works or Neighborhood Services} Referred to the Public Works Committee. 18. Resolution - 93-194 - approving transferring the spending and financing from the 1987 ` Wabasha Bridge, 8th Street Reconstruction, the 1988 Snelling/Marshall RR Bridge, the 1990 MSA Contingency, the Thomas Avenue Reconstru�tion and the 1991 MSA Contingency projects to 1991 Western Avenue Bridge Construction Project. (Public Works) Referred to the Public Works Committee. 19. Resolution - 93-195 - amending the CIB Budget to reimburse the Flood Control Activity Code from the Parkland Replacement Fund for the purchase of 85 W. Water Street for use as part of the Flood Control Project and Park Space. (Public Works) Referred to the Public Works Committee. ORDINANCES 20. First Reading - 93-183 - An ordinance amending Ordinance #13534 by designating a portion of the alley in the block bounded by English-Pt. Douglas Rd and Burns Avenue as a one way going westbound. (Public Works) Councilmember Guerin said the neighborhood is not in agreement with this change and moved that the item be withdrawn. Roll Call Yeas - 5 Nays - 0 � ° WITHDRAWN 94 February 18, 1993 21. Second 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. (Referred to Public Works Committee February 11th with readings to continue) . Laid over until February 25th for third reading/public hearing. Councilmember Rettman requested that resolution - 93-154 be scheduled for discussion along with the above ordinance. Councilmember Thune moved to recall 93-154 from the Public Works Committee and lay over until February 25th. Adopted Yeas - 5 Nays - 0 Resolution - 93-154 - directing a study of the City's Comprehensive Plan & Zoning Regulation to address locations of cellular phone antennas and towers. Councilmember Thune moved a lay over. Laid over until February 25th. Councilmember Thune said the Public Works Committee did not have a quorum at the January 17th meeting and moved to recall the agenda items and lay them over one week or to the date of the scheduled Public Hearing. Roll Call Yeas - 5 Nays - 0 1. Vacation: Petition of Karl O. Decker and Roy J. Decker for the vacation of part of Stillwater , Avenue for the purposing of expanding the existing garage. Laid over until March 2nd for Public Hearing. 2. Ratification of award of damages: File # 18692-S. Approving slope easements in the grading and paving of the alley in Sandberg's Rearrangement. Laid over until February 23rd for Public Hearing. 3. Resolution - 92-1748 - approving an agreement between 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. Laid over until February 25th. 4. 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 $49,000 to the 1991 Seventh/Kellogg CSSP Project. Laid over until February 25th. 5. 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. Laid over until February 25th. 95 February 18, 1993 Counciimember Rettman introduced a group of Boy Scouts from the North End who were ` in attendance at the Council meeting to earn their Citizenship Badge. Councilmember Long arrived at the meeting at this point. PUBLIC HEARINGS: 22. Resolution - 93-184 - approving a renewal application for an On Sale Liquor, Sunday On Sale Liquor, Entertainment III and Restaurant-B License by Novak's on Randolph Inc. dba Novak's at 919 Randoiph Avenue. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 23. Resolution - 93-196 - approving an application for the transfer of a General Repair Garage License currently held by Abdalla Y. Tobasi dba Selby Food & Gas at 809 Selby Avenue to Ken L. Favors dba Daniel's Auto at same address. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 � 24. Resolution - 93-185 - recognizing Lorraine Margaret (Fisher) Anderson and John Paul Anderson on the occasion of their 50th Wedding Anniversary. City Clerk O'Rourke noted that Lorraine Anderson was the previous Assistant City Clerk and commended her for many years of service to the City. Council President Wilson recognized Lorraine & John Anderson on the occasion of their 50th anniversary. He said the Andersons could not be here today due to health problems, but the Council wanted to honor the couple. He summarized Mr. & Mrs Anderson's work as City employees and their commitment to family and friends. Councilmembers commented on the couples' family and contributions to the City and wished them well. After further discussion, Councilmember Rettman moved approval of the following resolution. Adopted Yeas -6 Nays - 0 � At the request of the City Attorney's Office, Councilmember Thune moved to suspend the rules to introduce the following resolution for adoption. Adopted Yeas - 6 Nays - 0 96 ' February 18, 1993 Resolution - 93-211 - supporting State Legislation regarding stricter and more enforceable stalker statutes and supporting testimony by prosecutors from the City Attorney's Office in this regard. Assistant City Attorney John McCormick explained the reasons for the resolution. Councilmember Long spoke in favor of the resolution. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 Upon request of Council President Wilson, Councilmember Rettman moved to suspend the rules to introduce the following report. Adopted Yeas - 6 Nays - 0 PUBLIC CAMPAIGN FINANCING TASK FORCE REPORT dated January 26, 1993. Councilmember Rettman requested that the report be referred to the Human Services Committee. Councilmember Long requested that Ordinance 91-1055 which had been laid over indefinitely on February 11th be recalled today for a vote. ' Extensive discussion ensued among Councilmembers regarding the process for reviewing the report, the reasons for and against Ordinance 91-1055, the need for extensive and comprehensive campaign financing amendments and the history of this issue. References were made to individual Councilmember's campaign reports and contributions received. Councilmember Guerin asked the City Attorney to determine if the proposed ordinance conforms to First Amendment provisions. Councilmember Thune said additional questions should be sent to the Committee reviewing. John McCormick raised a concern about the City Attorney's ability to investigate public financing proposals and noted special outside counsel may need to be hired. Following questions from Councilmembers, Mr. McCormick asked that questions needing response by the City Attorney's Office, be submitted in writing. Following further discussion, Councilmember Guerin moved to refer the report to Neighborhood Services Committee. Adopted Yeas - 6 Nays - 0 cc # 13708 Councilmember Long renewed his request to recall 91-1055 from Committee. Roll Call Yeas - 3 Nays - 3(Grimm, Guerin, Rettman) DEFEATED 97 February 18, 1993 Councilmembers Thune and Guerin moved to adjourn the meeting. Adopted Yeas - 6 Nays - 0 ADJOURNED AT 6:25 P.M. � . . ATTEST: �� f ,��/ uncil sident, William Wilson �� ;� ��, ��. ,� � �.'' , ���� � � Minutes approved by Council City Clerk, ��ly O'Rourke Mo:dmb 7')') a� �. i 9 93 98