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Minutes 01-14-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, January 14, 1993 5:00 P.M. Council Chambers Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President Wilson at 9:00 A.M. Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Absent - 0 - Wilson Councilmember Maccabee raised questions about item #5 regarding the number and type of organizations that had applied, but been denied grant funds and whether these organizations would be included in the 10% club. Councilmember Maccabee recommended a one week layover to allow staff time to response. Eric Thompson, representative of the Parks and Recreation Division, answered Councilmembers questions regarding the proposed disbursements. Councilmembers Grimm and Guerin spoke in opposition to the layover due to the number of organizations who were awaiting funding. After a brief discussion among Councilmembers regarding the type of information needed and the availability of the information, Councilmember Long moved a layover until January 19th. Adopted Yeas - 5 Nays - 1(Rettman) Laid over to January 19th Councilmember Thune moved approval of the consent agenda as amended. Adopted Yeas - 6 Nays - 0 CONSENT AGENDA FOR ACTION 1. Letter of the Department of Planning, Zoning Division, requesting a public hearing on Tuesday, February 2, 1993 to consider the application of Jerome Koslowski for rezoning from B-1 to RT-2, property at 649-51 E. Ivy Avenue. 2. Petition of RP & G Enterprises to vacate a portion of Wynne Avenue for a parking lot and possible construction of a storage building. (Referred to Finance Dept.) 3. Resolution - 93-46 - authorizing the Division of Parks and Recreation to submit grant applications to the Saint Paul Foundation, Bigelow Foundation and Mardag Foundation in the amount of $70,000 for architectural fees and facility model for Como Park Educational Resource Center. Adopted Yeas - 6 Nays - 0 27 January 14, 1993 4. Resolution - 93-47 - approving an agreement accepting Metropolitan Waste Control Commission funding for work done on the Maryland/Dale CSSP. Adopted Yeas - 6 Nays - 0 5. Resolution - 93-48 - approving the applications and disbursement of Youth Programs Funds. Laid over to January 19th 6. Resolution - 93-49 - supporting State Legislation to amend Laws 1973, Chapter 396 to grant the managing director of the Civic Center the authority to permit limited alcoholic beverage sales for Civic Center events. Adopted Yeas - 6 Nays - 0 7. Resolution - 93-50 - in the matter of the assessment of benefits, cost and expenses for Boardings-Up of Vacant Buildings for November, 1992; collecting Administrative Charges for notifying property owners to Repair or Demolish Building thru mid-December, 1992 and Properry Clean-Up for November and December, 1992 and setting a date of public hearing for February 23, 1992. Adopted Yeas - 6 Nays - 0 ORDINANCES 8. Final Adoption - 92-1495 - an ordinance amending Chapter 231 of the Saint Paul Legislative Code regarding public nuisances, to conform to State Statue and to set forth the procedure to be following when charging any person with violating this section. (Public hearing held January 7th.) Councilmember Maccabee distributed an amendment to make the defense of different tenants who create a problem as optional, not guaranteed. John McCormick, Asst. City Attorney, explained the impact of the proposed amendment. Councilmember Rettman spoke in opposition to the amendment and reviewed the process leading to the initial ordinance amendments. Extensive discussion ensued among Councilmembers regarding the impact of the proposed amer�dment, during which time several examples were given to clarify the impacts of the proposed language amendment. Mr. McCormick responded to several questions regarding legal defenses and criteria for determining proof of a defense. Councilmember Long suggested revising the amendment proposed by Councilmember Maccabee. Councilmember Guerin urged the Council to vote on the proposed amendment. Councilmember Maccabee moved approval of the amendment as revised during the discussion. Councilmember Rettman spoke in opposition to the amendment. Adopted Yeas - 5 Nays - 1(Rettman) 28 January 14, 1993 9. Final Adoption - 92-1930 - an ordinance amending Chapter 324.08 of the Saint Paul Legislative Code restricting the free distribution of cigarettes on public sidewalks and other public spaces. (Public Hearing held January 7th.) Councilmember Maccabee moved approval. Adopted Yeas - 6- Nays - 0 10. Final Adoption - 92-1931 - an ordinance amending Chapter 321 of the Saint Paul Legislative Code relating to rooming and boardinghouses. (Public Hearing held January �th.) Councilmember Maccabee moved approval. Adopted Yeas - 6 Nays - 0 COMMITTEE REPORTS 11. Resolution - 92-1562 - supporting legislation which would make changes in the reimbursement schedule for providing advanced medical care in a pre-hospital setting. (Intergovernmental Relations Cte. recommends withdrawal.) Councilmember Long explained the committee recommendation and moved withdrawal. Withdrawn Yeas - 6 Nays - 0 12. Resolution - 92-282 - supporting legislation requiring residential property owners to pay relocation benefits to displaced tenants. (Intergovernmental Relations Cte. recommends withdrawal.) Councilmember Long explained that the issue had already been addressed by the HRA and moved the committee's recommendation for withdrawal. Roll call Yeas - 6 Nays - 0 WITHDRAWN 13. Resolution - 92-1796 - supporting the preservation of abandoned railroad lines for public uses, the establishment of a fund to expedite this public use, and the creation of an interagency panel of state agencies and local governments to decide interim and ultimate uses of these rail lines. (Intergovernmental Relations Cte. recommends approval.) Councilmember Long explained the committee's recommendation and noted that this proposal initiated with the Parks and Recreation Commission. Councilmember Rettman asked that a typo in the last clause be corrected and spoke in opposition to the resolution. Councilmember Long moved approval. Adopted Yeas 5 Nays - 1 (Rettman) 29 January 14, 1993 14. Resolution - 91-1631 - requesting an ordinance to make necessary amendments to Section 56 of the Administrative Code to require the Mayor to present a proposed City Budget to the City Council no later than 60 days before the date the Minnesota Legislature sets a deadline for determining the Truth-in-Taxation proposed levy and to make Section 56 gender neutral. (Finance Cte. recommends withdrawal.) Councilmembers Grimm and Thune moved approval. Roll call Yeas - 6 Nays - 0 WITHDRAWN 15. Resolution - 92-1927 - approving and authorizing execution of the State of Minnesota Department of Transportation "Limited Use Permit" for a Flood Control Project along Lafayette Road. (Public Works Cte. recommends approval.) Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 PUBLIC HEARINGS 16. Third Reading - 92-1943 - an ordinance establishing a procedure to allow the Risk Management Division to establish the amounts required for bonds and insurance for license and permit applications. (Human Services, Health and Business Regulations Cte. recommends approval.) Councilmember Rettman distributed an amendment clarifying the Council's authority in the ordinance. Councilmember Maccabee moved approval of the amended language. Adopted Yeas - 6 Nays - 0 Amended and over to January 21 st for adoption. Councilmember Grimm left the meeting at this point and did not return. 17. Appeal to a Summary Abatement Order by Stephen Katainen for Furniture Minnesota for property at 629 Whitall. (Neighborhood Services Cte. recommends striking.) Councilmember Guerin noted that the problem has been corrected and moved to strike. Adopted Yeas - 5 Nays - 0 cc# 13697 STRICKEN Councilmember Rettman asked that suspension be approved for the following license application. Councilmember Thune moved suspension. Adopted Yeas - 5 Nays - 0 30 January 14, 1993 Resolution 93- 63 - approving the application for the transfer of a Second Hand Dealer Motor Vehicle License currently issued to Charles Mokres dba Larpenteur Auto Sales at 336 W. Larpenteur Avenue to Lakeside Auto Sales, (Richard Mooney & Vincent Scarrella, Owners) at the same address. Councilmember Rettman noted that the License Department supported the issuance of the license. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 18. Public Hearing to consider the appeal of Tom Dimond to a decision of the Heritage Preservation Commission approving a permit to demolish 736 E. Fourth Street. Beth Bartz, staff to the Heritage Preservation Commission, reviewed the staff report and Commission's recommendation to demolish. Tom Dimond, 2119 Skyway Drive, spoke in opposition to the Heritage Preservation Commission decision due to the impacts on the integrity of the historic district, the unreasonably high estimates for renovation and that the process did not allow other parties to bid on the property. He expressed interest in rehabing the building for use as a home. Jack Drew, a property owner adjacent to 736 E. Fourth St., spoke in support of demolition as his house had caught on fire due to a fire at 736 E. Fourth Street. He expressed concern that the building was lowering property values in the area. Mr. Jim Urchel, Director of the Dayton's Bluff Neighborhood Housing Service, spoke in support of demolition and reviewed his organization's mission, organizational structure and the organizations rehabilitation activities in the Dayton's Bluff neighborhood. He explained that the properry was not owned by the Neighborhood Housing Service but was in foreclosure proceeding and would soon revert to the Veteran's Administration. Nancy Healey, buyer of the property adjacent to 736 E. Fourth St., spoke in support of the demolition and raised concerns about security due to the vacant structure on the block. Tom Dimond rebutted the testimony presented and expressed concern about the process for seeking neighborhood input into this issue and questioned the benefit of taxpayers subsidizing demolition of housing. He also raised questions about the procedure for securing demolition permits. Councilmember moved to close the Public Hearing Adopted Yeas - 5 Nays - 0 Councilmember Guerin spoke in support of the Commission's decision to demolish and reviewed his staff's effort to determine the neighborhood's position in this matter. Councilmember Thune and Maccabee spoke in support of demolition. Councilmember Guerin moved to support the Heritage Preservation Commission's decision. Adopted Yeas - 5 Nays - 0 DENIED 31 January 14, 1993 Councilmember Thune moved adjournment. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 6:33 P.M. . ATTEST: ouncil ' ent, Bill Wilson Minutes approved by Council City Cle k olly O' ourke O:tmh _�� 6 9 93 32