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Minutes 01-26-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, January 26, 1993 9:00 A.M. Council Chambers Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President Wiison at 9:05 A.M. Present - 6- Councilmembers Grimm, Guerin, Maccabee, Rettman, Thune, Wilson Absent - 1 - Councilmember Long (excused) Councilmember Rettman moved approval of the Consent Agenda. Adopted Yeas - 6 Nays - 0 CONSENT AGENDA FOR ACTION 1. Claims of Michael Paul Becker; Dennis Cahill; Meliza Thurstin; and Craig and Barb Zimpel. Referred to City Attorney's Office. 2. Letter from Town & Country Club objecting to the Proposed Assessment for the Marshall/Cleveland Storm Sewer and Paving Project. 3. Letter of the City Attorney announcing date of Public Hearing on January 29, 1993 before an Administrative Law Judge pertaining to adverse action against licenses held by Mehdi Zowghi dba Chattanooga Music Cafe at 1021 Bandana Blvd. E. 4. Letter of the City Attorney announcing date of Public Hearing on February 3, 1993 before an Administrative Law Judge pertaining to adverse action against licenses held by S.P.H. Hotel Company, dba Radisson St. Paul Hotel at 172 E. Sixth Street. 5. Letter from the Valuation Engineer recommending a date of Public Hearing on March 2, 1993 for the petition of Karl O. Decker and Roy J. Decker for the vacation of Stillwater Avenue lying east of Clarence and adjoining Lot 7, Block 6 and Lot I, Block 7, Fairchild and Howard's Rearrangement. 6. Petition of Art and Donna Ellingson and Jerome Kosloski for the vacation of the north- south alley between Lots 6 and 9 and Lot 10, Block 3, Denny Hill Addition. 7. Resolution - 93-53 - approving the renewal of various On Sale Liquor and Supporting licenses for the following: Mr Patom's Saloon; Flanagan's on 7th, Inc., Heartthrob Cafe & Canyon County Bar & Nightclub; Gatsby's; Rocky's on Tenth; Applebee's Neighborhood Grill & Bar and the Lexington Restaurant. (Laid over from January 19th.) Adopted Yeas - 6 Nays - 0 46 January 26, 1993 8. Resolution - 93-54 - approving various Class III Licenses for the following: Godfather's Pizza #24512; Heppner Auto Body, Inc.; Brac's Auto Parts; Tenth Street Boxing Club/Casey's; Latuff Bros., Inc.; Lowertown Municipal Ramp and Kelly's Auto Repair. (Laid over from January 19th.) Adopted Yeas - 6 Nays - 0 9. Resolution - 93-81 - in the matter of the assessment of benefits, cost and expenses for installation of water service connection, as requested by a property owner in conjunction with the Conway/Germain Area CSSP project; the Macalester/Bayard Area CSSP project and the Hazelwood/Case Area CSSP project and setting a date of public hearing for March 16, 1993. Adopted Yeas - 6 Nays - 0 10. Resolution - 93-82 - in the matter of the assessment of benefits, costs and expenses for the installation of a lantern style street lighting system on Pinehurst Avenue from Cleveland Avenue to Kenneth Street and setting a date of public hearing for March 9, 1993. Adopted Yeas - 6 Nays - 0 11. Resolution - 93-83 - approving the appointment of Toni Baker; Thomas Gmeinder; Triesta Brown; Andrea Hard Kajer and Paul Savage to the Saint Paul Capital Improvement Budget Committee. (To be laid over one week) Laid over until February 2nd. 12. Resolution - 93 -84 - approving and ratifying the attached Memorandum of Agreement between the Independent School District 625 and the following labor organizations: Bricklayers and Allied Craftsmen Local Union No. I of Minnesota; United Brotherhood of Carpenters and Joiners of America; United Union of Roofers, Waterproofers and Allied Workers, Local Union No. 96; International Brotherhood of Painters and Allied Trades Local 61; Operative Plasterers Local Union No. 20 and Operative Plasterers' and Cement Masons' International Association Local 633. (To be laid over one week for adoption.) Laid over until February 2nd. 13. Resolution - 93-85 - denying the appeal of People, Incorporated, 379 University Avenue West to a decision of the Heritage Preservation Commission regarding the use of steel siding on properry located at 565 Dayton Avenue. Adopted Yeas - 6 Nays - 0 COMMITTEE REFERRALS: 14. Resolution - 93-86 - amending the 1992 Capital Improvement Fund by adding spending and financing for the Downtown Bus Lane Consolidation project. (Finance Cte.) Referred to the Finance Committee. 47 January 26, 1993 15. Resolution - 93-87 - adopting the Lexington-Hamline Small Area Plan as an amendment to the City's Comprehensive Plan as recommended by the St. Paul Planning Commission. (Housing & Economic Development Cte.) Referred to the Housing & Economic Development Committee. ORDINANCES 16. First Reading - 93-88 - an ordinance amending Chapter 60 the St. Paul Legislative Code pertaining to rezoning in the Lexington Hamline neighborhood as recommended by the St. Paul Planning Commission. (Housing and Economic Development Cte.) Referred to the Housing & Economic Development Committee. COMMITTEE REPORTS 17. Resolution - 92-1804 - requesting initiation of Zoning Study on Neighborhood Compatibility. (Housing & Economic Development Cte. recommends approval as amended.) Discussion ensued among Councilmembers regarding the impact of the language recommended by Committee. After further discussion Councilmember Grimm moved to lay over the adoption for one week to allow Councilmembers more time to review the language. Roll Call Yeas - 6 Nays - 0 Laid over until February 2nd. 18. Resolution - 92-1942 - approving the 1993 Housing and Redevelopment Authority property tax levy and Housing and Redevelopment Authority 1993 budget. (Housing and Economic Development Cte. recommends approval) Councilmember Grimm moved approval. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 19. Resolution - 93-89 - in the matter of the assessment of benefits, cost and expenses for demolition of Vacant Buildings for October and November 1992; Boarding-Up of vacant Buildings for September and October, 1992; 1992 and Property Clean-Up for October to mid-November, 1992. (Neighborhood Services Committee recommends approval as amended) No one appeared in opposition. Councilmember Guerin moved approval with the deletion of 218 Bates, the lot next to 1412 DeSoto Street, 514 E. Maryland and the provision that the assessment for 1026 Milton be spread out over 5 years. (Discussion continued on following pages) 48 January 26, 1993 (Continued from previous page) John Betz, Health Division, requested that the assessment for 1217 Albamarle be paid over the next five years. Councilmember Guerin moved approval of the Committee's recommendation and the changes proposed by the Health Division as amended. Adopted Yeas - 6 Nays - 0 25. Resolution - 93-94 - suspending the Liquor Off Sale, Original Container and Cigarette Licenses held by Thomas Beverage Co., Inc., dba Thomas Liquors at 1941 Grand Avenue. Paul McClosky, Assistant City Attorney, reviewed the police report, the action taken by the license holder and the penalty provisions in the matrix. John Berglund, Attorney representing the licensee, reviewed the steps taken by Mr. Thomas to see that this did not happen again and said the business has been in operation for many years without a violation. Jim Thomas, owner of Thomas Liquors reviewed the business' practice for checking I.D.'s and distributed fake I.D.'s that had been confiscated from underage patrons. Councilmembers. discussed what state and local actions could be taken against people using fake identification. Councilmember Thune moved to close the Public Hearing. Roll Call Yeas - 6 Nays - 0 Councilmembers discussed the use of a fine rather than suspension of licenses due to the businesses efforts to identify fake I.D.'s, stop selling malt liquor frequently bought by underage drinkers and the lack of previous violations. Phil Bryne, City Attorney's Office, reviewed the provisions for setting fines and the amounts to be decided. Councilmembers discussed the new procedures for investigating complaints and warning businesses of potential violations. Councilmember Grimm left the meeting at this point and did not return. Councilmember Guerin moved to stay the fine and suspension of the licenses and Council President Wilson spoke in favor of the motion. Councilmembers Rettman, Thune and Maccabee spoke in opposition. Councilmember Guerin withdrew the motion for lack of support. Councilmember Thune made a motion to stay the 3 day suspension and impose a$500 fine. Adopted Yeas - 5 Nays - 0 49 January 26, 1993 20. Resolution Ratifying Assessment - 93-21 - in the matter of taking easements for public purposes over part of Section 5 and the north I/2 of Section 8, Township 28 North, Range 22 West in connection with Flood Control Project - Stage 2. (Laid over from January 19th.) No one appeared in opposition. City Clerk O'Rourke distributed an amended version of the Resolution that was drafted by the Finance Department in response to a request by Councilmembers questions regarding the easement with the Metropolitan Airports Commission.. Councilmember Thune moved approval as amended. Adopted Yeas - 5 Nays - 0 21. Final Order - 93-90 - in the matter of installation of a lantern style street lighting system for the Upper S�vede Hollow Area for the following streets: Both sides of Fountain Place from North St. to approximately 116.5 feet north of North St.; both sides North St. from Fountain Place to the intersection of Greenbrier St. and E. Seventh St.; both sides of Bates Ave. from E. Seventh St. to North St. and from North St. to Maury St. and both sides of Maury St. from Bates Ave. to Greenbrier St. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 22. Final Order - 93-91 - in the matter of construction of the Palace/Toronto Area Storm Sewer Separation Project in an area bounded by St. Clair to the north; View Street to the west and diagonally to the southeast by Shepard Road and railroad tracks. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 23. Final Order - 93-92 - in the matter of improving streets with a new bituminous roadway; concrete curb and gutters, driveway aprons, concrete outwalks and a lantern style street lighting system all to be known as the Palace/Toronto Area Street Paving and Lighting Project. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 24. Final Order - 93-93 - 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 Palace/Toronto Area Storm Sewer and Street Paving and Lighting Projects. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 50 January 26, 1993 MISCELLANEOUS 26. Recognition of Retiring City Employees. City Clerk O'Rourke noted the affected employee was not able to attend. ADDITIONAL ITEMS: 1. Resolution - 92-1884 - adopting the 1994-1998 Capital Allocation Policy. (Finance Committee recommends approval as amended and laid over from January 21 st Councilmember Rettman moved approval as amended by Committee. Adopted Yeas - 5 Nays - 0 Councilmember Guerin moved to suspend the rules to introduce the following resolution. Adopted Yeas - 5 Nays - 0 Resolution - 93-98 - approving an agreement between the City of Saint Paul and the Board of Water Commissions to install telephone lines through the Water Utility Fourth Street Tunnel to connect the system between City Hall and the City Hall Annex and the Lowry Professional Building. Councilmember Guerin moved approval. Adopted Yeas - 5 Nays - 0 Councilmember Rettman moved to adjourn the meeting. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 9:55 A.M. ► � ATTEST: uncil President, Bill Wilson Minutes approved by Council City Cle k, Molly O'R urke � 3/y � O:dmb 51