Approved Minutes 3-12-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, March 12, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order to at 3:45 p.m. by Council President Thune.
Present - 6 - Councilmembers Blakey, Bostrom, Harris, Megard, Rettman, Thune
Vacancy - 1 - Ward 7
CONSENT AGENDA
Councilmember Harris moved to lay over Item 26, D001164, for one week.
Councilmember Rettman requested Items 31 and 33 be removed for discussion.
Councilmember Harris requested Item 35 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
Yeas - 6 Nays - 0
The meeting was recessed and the Housing and Redevelopment Authority meeting was called to order for
consideration of the Consent Agenda. Present- 6 Absent- 0
The HRA meeting was recessed and the City Council meeting resumed.
FOR ACTION
1. Approval of minutes of February 19, 1997.
Adopted Yeas - 6 Nays - 0
2. Claims of Stella Chandler, Chad Heinn, Paul Hisdahl, John Larson, Marilynn Miller, John Ogle,
Derrick& Tanya Sharpe, and Jacqueline Smith.
Referred to Employee/Risk Management Division
3. Summons and Complaint in the matter of HomeSide Lending, Inc. vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Tammy Helen Flint vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. Summons and Complaint in the matter of John Guckin vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
6. Summons and Complaint in the matter of Yvonne Kinney vs. the City of Saint Paul.
Referred to the City Attorney's Office
March 12, 1997, City Council Summary Minutes Page 2
7. Motion for a Court Injunction Order, etc. in the matter of Patrick A. Carlone vs. the City of Saint
Paul, et al.
Referred to the City Attorney's Office
8. Notice of Correction in the matter of Patrick A. Carlone vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
9. Notice of Appeal of Commissioners' Award in the matter of the Port Authority of the City of Saint
Paul vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
10. Summons in Application for Registration in the matter of the application of Warren H. Walker and
Judith H. Walker to register title to the following described real estate in Ramsey County: Lot 2,
Sternberg's Addition.
Referred to the City Attorney's Office
11. Letter from Saint Paul Public Health declaring 777-779 Aurora Avenue, 1134 Edgerton Street, and
903 Fourth Street East as "nuisance properties" and setting date of Legislative Hearings for March
18, 1997, and City Council Hearings for March 26, 1997.
12 Letter from Saint Paul Public Health declaring 796 Laurel Avenue as "nuisance property." (For
notification purposes only; public hearing will be scheduled at a later date if necessary.)
13. Letter from the Office of the City Attorney announcing a public hearing before an Administrative
Law Judge on March 25, 1997, 9:30 a.m., Room 41 St. Paul City Hall, concerning adverse action
against the cigarette license held by Good International Corp., dba Convenience of West 7th, 499
West 7th Street. (This was announced previously as a City Council hearing)
14. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by PJJ, Inc., dba Bandana
Cleaners, 1021 Bandana Boulevard East. (Uncontested)
15. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by River House Corp., dba
Buon Giorno Italian Market, 335 University Avenue East. (Uncontested)
16. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by Capital City Check
Cashing, 477 Rice Street. (Uncontested)
17. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by David M. Kroona, dba
Eastern Heights Amoco, 1785 Suburban Avenue. (Uncontested)
March 12, 1997, City Council Summary Minutes Page 3
18. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by East Side Hospitality,
Inc., dba Hafner's Bowling Center, 1560 White Bear Avenue North. (Uncontested)
19. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by Holiday Station Stores,
Inc., dba Holiday#7, 500 7th Street East. (Uncontested)
20. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by James S. Kowalski, dba
Kowalski's Grand Market, Inc., 1261 Grand Avenue. (Uncontested)
21. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by Quality Food& Gas,
1530 Sherwood Avenue. (Uncontested)
22. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by Ronco Corporation,
dba Ron's Bar, 879 Rice Street. (Uncontested)
23. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by Shannon Kelly's, 395
Wabasha Street North. (Uncontested)
24. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, concerning adverse action against the cigarette license held by SuperAmerica Group,
Inc., dba SuperAmerica#4410, 1198 Earl Street. (Uncontested)
25. Communication from Saint Paul Animal Control dated March 3, 1997, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
26. Administrative Orders:
D001157 Authorizing reimbursement of$200.00 to Dakota County Technical College for their
participation in a roadway accessibility test during construction of the Kellogg
Boulevard tunnel.
D001158 Addition of$8,027.50 to the contract for ventilation of patients' rooms and staff areas at
the Public Health Center.
D001159 Addition of$780.00 for an engineering consultant to investigate and evaluate existing
HVAC system and make changes to solve ventilation problems.
D001160 Amending the 1997 budget in the Department of Fire and Safety Services to purchase
additional safety equipment.
D001161 Amending the 1996 budget in the Division of Libraries to cover negative balances in
several major object codes and activities.
D001162 Addition of$6,653.00 to the contract for Saint Paul Civic Center Expansion, CP-1
Demolition, Excavation& Bridge Construction-Parking Ramp Excavation Alternate A.
March 12, 1997, City Council Summary Minutes Page 4
D001163 Addition of$103,009.00 to the contract for the Rice and Arlington Sports Dome.
Noted as on file in the City Clerk's Office
D001164 Addition of$228,121.98 to the contract for Saint Paul Civic Center Expansion, CP-1
Demolition, Excavation& Bridge Construction-Parking Ramp Excavation Alternate A.
Laid over to March 19 Yeas - 6 Nays - 0
27. Resolution - 97-205 -Approving the appointments of Donavan Cummings and Jose Verdeja, and the
reappointments of Mary Thoemke and Richard Miller, by Mayor Coleman,to the Capital
Improvement Budget Committee. (Laid over from March 5 for adoption)
Adopted Yeas - 6 Nays - 0
28. Resolution- 97-206 -Approving the reappointments of Russell J. Miller and Stephen Wellington,
and the appointments of John Fahey, Cornell Tandooahnippah, Stephen D. Gordon, Ruby Lee, John
Margot, Thomas Olesak, Kathleen Sundberg, and Ron Whitcomb, by Mayor Coleman, to the
Neighborhood Sales Tax Reinvestment(STAR) Program Board of Directors. (Laid over from
March 5 for adoption)
Adopted Yeas - 6 Nays - 0
29. Resolution- 97-207 -Approving the appointments of Isabel A. Chanslor and Julia M. Cruz, by
Mayor Coleman,to serve on the Saint Paul Human Rights Commission. (Laid over from March 5
for adoption)
Adopted Yeas - 6 Nays - 0
30. Resolution- 97-242 -Approving the appointments of Steven N. McCarty and Paulette Sanders, and
the reappointments of Gail Chang Bohr, Gregory M. Donovan, Kent R. Furois, Jill Peterson, and
Bruce Weber, by Mayor Coleman, to the Hubert H. Humphrey Job Corps Center Neighborhood
Advisory Committee. (To be laid over one week for adoption)
Laid over to March 19 for adoption
31. (Removed for discussion)
32. Resolution- 97-244 -Approving the appointment of William Huepenbecker to the position of
Assistant to the Mayor IV.
Adopted Yeas - 6 Nays - 0
33. (Removed for discussion)
34. Resolution- 97-246 -Amending the spending and financing plans of the 1987-1991 capital project
accounts with surplus balances and transferring these balances into a contingency account for the
Wabasha Street Bridge.
Adopted Yeas - 6 Nays - 0
March 12, 1997, City Council Summary Minutes Page 5
35. (Removed for discussion)
36. Resolution- 97-248 - Authorizing City signatures on a contract between the City of Saint Paul,
acting through Saint Paul Public Health, and Hennepin County, acting through the Hennepin County
Community Health Department.
Adopted Yeas - 6 Nays - 0
37. Resolution- 97-249 - Requesting an extension of time to complete work being done on a structure at
723 Manomin Avenue.
Adopted Yeas - 6 Nays - 0
38. Resolution Approving Assessment- 97-250 - In the matter of installation of storm sewer service
stubs, as requested by the property owner, in conjunction with the 7th/Lafayette Area Storm Sewer
Project, and setting date of public hearing for May 7, 1997. (File #18671-C)
Adopted Yeas - 6 Nays - 0
39. Resolution Approving Assessment- 97-251 - In the matter of construction of storm sewer stub
connections, as requested by the property owner, in conjunction with the 35E/University Area Storm
Sewer Separation Project, and setting date of public hearing for May 7, 1997. (File #18690-C)
Adopted Yeas - 6 Nays - 0
40. Resolution Approving Assessment- 97-252 - In the matter of construction of storm sewer stub
connections, as requested by the property owner, in conjunction with the Prior/Sheridan Area Street
Paving and Lighting Project, and setting date of public hearing for May 7, 1997. (File #18698-C)
Adopted Yeas - 6 Nays - 0
41. Resolution Approving Assessment- 97-253 - In the matter of construction of sanitary sewer and
storm sewer service connections, as requested by the property owners, in conjunction with the
Albert/Eleanor Area Project, and setting date of public hearing for May 7, 1997. (File#18704-C)
Adopted Yeas - 6 Nays - 0
42. Resolution Approving Assessment- 97-254 - In the matter of construction of sanitary sewer and
storm sewer service connections, as requested by the property owner, in conjunction with the
Davern/Edgcumbe Area Storm Sewer and Street Paving and Lighting Project, and setting date of
public hearing for May 7, 1997. (File#18750)
Adopted Yeas - 6 Nays - 0
43. Resolution Approving Assessment- 97-255 - In the matter of improving the "T"alley in Block 2,
Dawson and Smith's subdivision by constructing storm sewer drainage structures and grading and
paving with bituminous materials, and setting date of public hearing for May 7, 1997. (File#18797)
Adopted Yeas - 6 Nays - 0
March 12, 1997, City Council Summary Minutes Page 6
44. Resolution Approving Assessment- 97-256 - In the matter of improving the alley in Block 1,
Gilbert's Greenway Court by grading and paving with bituminous material, and setting date of
public hearing for May 7, 1997. (File#18798)
Adopted Yeas - 6 Nays - 0
31. Resolution- 97-243 - Approving the appointment of Peter Hames to the position of Assistant to the
Mayor IV.
Councilmember Megard moved approval.
Adopted Yeas - 5 Nays - 1 (Rettman)
33. Resolution- 97-245 - Approving payment of$15,000.00 to Neil Gosman and Sandy Pappas in full
settlement of their claim against the City of Saint Paul.
Councilmember Megard moved approval.
Adopted Yeas - 5 Nays - 1 (Rettman)
35. Resolution- 97-247 -Amending the Pledge Agreement related to the expansion of the Seventh and
Wabasha Streets Parking Ramp.
Councilmember Harris moved to lay over one week.
Laid over to March 19 Yeas - 6 Nays - 0
FOR DISCUSSION
45. Resolution- 97-187 - Authorizing an amendment to the Pledge Agreement for the Parking and
Transit Fund. (Laid over from February 26)
Councilmember Harris moved a one week layover.
Laid Over to March 19 Yeas - 6 Nays - 0
46. Resolution- 97-164 - Requesting the Charter Commission's recommendation regarding City Council
elections in the case of all vacancies in the position of Councilmember.
(Laid over from March 5)
Councilmember Harris moved to introduce a substitute resolution and a two week layover. He
explained the contents of the resolution saying that the person from the ward with the vacancy who
had been on the Planning Commission the longest would have the opportunity to fill the vacancy
until the next election. Councilmember Rettman stated the Mayor appoints the Planning
Commission members and there have been debates and questions about some of the appointments.
Councilmember Megard stated she likes the Planning Commission idea because their terms overlap
so the Mayor cannot make an appointment at the last moment to the vacant seat.
Councilmember Blakey said he feels the current process of the Councilmembers voting on an interim
candidate is the best process. He questioned what would happen if the Planning Commission person
was not interested in taking the position. Councilmember Bostrom concurred with Blakey's
remarks.
Laid over to March 26 Yeas - 6 Nays - 0
March 12, 1997, City Council Summary Minutes Page 7
47. Resolution- 97-257 - Proposed 1997 funding recommendations and allocations for Civic
Organizations Partnership Program (COPP)Juvenile Crime Prevention.
Councilmember Megard moved for a two week layover in order to review the proposals and
recommendations.
Johnny Howard, Thomas-Dale Block Club, appeared and stated he was concerned and confused
about the selection process. City staff may not have knowledge of the neighborhoods and
organizations that submitted proposals, he said. There were three groups in Frogtown that submitted
proposals and not one was recommended for funding. Mr. Howard talked about what groups are
doing to make a difference and he pointed out that the Thomas-Dale area has the highest number of
people under the age of 19, highest number of people living under the poverty level, highest number
of Asians, and a high crime rate. He requested the Council reconsider his proposal.
Johnny Howard, Jr. appeared and spoke in support of the proposal submitted by the Thomas-Dale
Block Club.
Morris Wilson, Merrick Community Services, appeared. He stated that Merrick was one of the
organizations chosen for a portion of the COPP funds. It is not enough to tell kids to give up guns;
guns must be replaced with something. Theirs is an entrepreneurial program. Children are taught to
make occasion cards, sell t-shirts, and get proper skills instilled very early.
Andy Williams, Save Our Cities Kids, appeared and stated his organization works to instill good
decision-making skills in young people. His organization looks at the Council to make a strong
decision according to records of organizations that are doing something with kids. That's how
success will be measured, he said.
Gabrielle Strong, Ain Dah Yung Shelter, appeared and stated they were recommended for funding
through COPP the first time. She encouraged the Council to look at what the grass roots community
groups and organizations are doing.
Councilmember Bostrom pointed out discrepancies in the process noting that one ward did not get
any COPP funding, another ward is to get$7,000, and another $122,000.
Laid over to March 26 Yeas - 7 Nays - 0
ORDINANCES
48. Second Reading - 97-222 - An ordinance adopting zoning ordinance amendments related to the
Thomas Dale Small Area Plan and 40 Acre Study.
Laid over to March 26 for third reading/public hearing
(The meeting was recessed from 4:20 to 4:40 p.m.)
Roll Call Present- 6 Absent- -0
March 12, 1997, City Council Summary Minutes Page 8
PUBLIC HEARINGS
49. Final Adoption - 97-177 - An ordinance amending Section 2.05 of the Saint Paul Charter in
accordance with Minn. Stat. § 410.12. (Public hearing continued from March 5)
Councilmember Harris moved to introduce a substitute ordinance and a two week layover.
Laid over to March 26 for final adoption and continuation of public hearing.
Yeas - 6 Nays - 0
50. Resolution- 97-202 - Approving application for a General Repair Garage License by Steven Haney,
594 West Maryland Avenue. (ID #74951) (Laid over from February 26)
No one appeared in opposition. Councilmember Rettman moved to lay over to April 2 as District 6
requested more time for review..
Laid over to April 2 Yeas - 6 Nays - 0
51. Resolution- 97-258 - Approving application for an Auto Repair Garage License by J.P. Automotive,
933 Atlantic Street#2. (ID #14435)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
52. Resolution- 97-259 -Approving application for a Class C Gambling Location License by Goby's
Grille & Pub, Inc., 472 Snelling Avenue South. (ID#21825)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
53. Resolution- 97-260 - Approving application for a Gambling Manager's License by Jennifer J. Olson,
dba Children's Program of Northern Ireland, at Goby's Grille & Pub, 472 Snelling Avenue South.
(ID#82035)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
54. Resolution- 97-261 - Approving application for a State Class B Gambling Premise Permit by Cheryl
Kerner, on behalf of Children's Program of Northern Ireland, at Goby's Grille & Pub, 472 Snelling
Avenue South. (ID #B-04567)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
55. Resolution - 97-262 - Concerning adverse action against licenses held by Kirk Auto Service, 880
Selby Avenue.
Councilmember Blakey stated the fine has been paid and, therefore, withdrew the resolution.
March 12, 1997, City Council Summary Minutes Page 9
56. Resolution- 97-263 - Concerning adverse action against licenses held by Arthur Heutmaker, dba
Conoco Automotive, 1208 Arcade Street.
Councilmember Rettman stated the fine has been paid and Councilmember Bostrom withdrew the
resolution.
57. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Sharon Casselman, dba Home Sweet Home Antiques, 941 Grand Avenue.
(Laid over from February 26)
No one appeared in opposition; Councilmember Bostrom moved to accept the report.
Accepted the Report of the Administrative Law Judge Yeas - 6 Nays - 0
58. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by E. & K. Corporation, dba Checker's Nite Club, 1066 7th Street East.
No one appeared in opposition; Councilmember Bostrom moved to layover to April 2 at the request
of the Office of License, Inspections and Environmental Protection.
Laid over to April 2 Yeas - 6 Nays - 0
60. Resolution- 97-264 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 719 Wilson Avenue, 408 Lexington Parkway, 568 Beaumont
Street, 2224 Mailand Road, 2087 Skyway Drive, and 2119 Skyway Drive.
Gerry Strathman, Legislative Hearing Officer, stated the property at 719 Wilson has been before the
Council a few times as well as before the Housing Court. All the work was to be completed by
March 11, 1997.
Laura Jelnick, attorney, appeared and stated the condemnation has been lifted and all the repairs have
been made. Councilmember Rettman asked if the Council received the information requested.
Gerry Strathman responded the Fire Department did not feel the information was necessary since the
issue has been resolved. Mr. Strathman recommended withdrawing the resolution. Council
President Thune requested a staff person be present at the March 19 City Council meeting and this
item be laid over for one week to get confirmation.
Councilmember Rettman moved a one week layover.
719 Wilson Laid over to March 19 Yeas - 6 Nays - 0
Gerry Strathman addressed 2119 Skyway Drive. He said there was a problem with the septic
systems in that drywells are no longer acceptable and Mr. Strathman's recommendation was to deny
the appeal. Tom Dimond, 2119 Skyway Drive, appeared at the Legislative Hearing and the City
Council. He said his issue is whether the ordinance is well advised. The Highwood Plan indicates
that an on-site treatment system would continue to be allowed and grandfathered in. After the Plan
was adopted, City staff started interpreting the law, Dimond said. He appealed and it went to the
Zoning Board of Appeals and he received an extension. Early the following year,the previously
suggested wording was adopted and took the grandfathering away. The crux of the issue is that by
definition some systems are called failed but it is not true that they are failing. Mr. Dimond said
replacement of the septic system could cost homeowners $10,000 and could cost the City millions of
dollars if this definition change triggers sewers throughout the system. Mr. Dimond provided a
March 12, 1997, City Council Summary Minutes Page 10
packet that spoke to regulatory history and about the federal EPA. Mr. Dimond asked for a variance,
a change in the regulations, or whatever is appropriate.
Council President Thune agreed with Tom Dimond. As long as the system is functioning and not
polluting, it should be left alone, he said. Further, the City cannot afford to redo the system.
Councilmember Harris asked why the inspector came out. Tom Dimond responded the regulations
require an annual inspection and the system was found to be functioning.
Councilmember Rettman stated her recollection was that there was a petition for an area to not go for
the separated sewer when it was mandated for everyone else in Saint Paul. In order to ascertain that
exemption there were certain requirements, one was every system had to be checked. Criteria was
set up to make sure the water table was acceptable. When the ordinance changed, it said the septic
systems had to come into compliance.
Jan Gasterland, Building Code Officer in License Inspections and Environmental Protection(LIEP),
appeared and stated it was under his orders that Tim Dimond was ordered to replace or repair his
system eliminating the need for a drywell to process the individual sewers. The State is clear that it
no longer allows drywells or seepage pits. He said he is not asking that the system be totally rebuilt,
but that the drywell be eliminated from the system.
Councilmember Megard stated she does not recall a time limit being set for eliminating the drywells
when the Highwood Plan was adopted. Peter Kishel, LIEP, appeared and stated the original
Highwood Plan stated any system had to be brought into compliance. The State said a reasonable
time table had to be set to eliminate drywells and it was set at six months. There is legislation now
which would require that septic systems be upgraded within ten months.
Councilmember Megard asked if the ground water has been tested. Peter Kishel responded no and
Megard stated there is no way to tell if the system is failing.
Council President Thune said he lobbied Congress to stop giving unfunded mandates to cities and
states. New technology comes out and people are asked to change something that maybe is still
working. Mr. Thune recommended the three addresses with the drywells be granted appeals and the
departments develop a policy to help guide the Council on future actions. Unless the State says Saint
Paul has to move into compliance, the system should be fixed when they do not work anymore.
Councilmember Megard moved Council President Thune's recommendations.
Councilmember Rettman stated she would feel more comfortable with Public Works working with
the owners because there are people already in compliance. An exception is being made which will
establish a precedent and put the Council in an awkward situation, Rettman said.
Councilmember Megard withdrew her motion and moved to layover until the Council can review the
issue further and possibly have waivers or variances granted.
March 12, 1997, City Council Summary Minutes Page 11
Councilmember Blakey was concerned that the City would ask the owner to pay $10,000 for a
system that may be working properly.
Councilmember Bostrom moved to grant an appeal to the three properties subject to orders from the
State and asked that LIEP come back with a policy that can be adopted with the intent that until a
system is shown to not function properly,that it be grandfathered in until the State says it has to be
updated. Jan Gasterland stated he would consult with the City Attorney's Office.
Appeals granted for 2224 Mailand Road, 2087 Skyway Drive, and 2119 Skyway Drive
Yeas - 5 Nays - 1 (Rettman)
Councilmember Bostrom moved approval of the balance.
408 Lexington Parkway and 568 Beaumont Street
Yeas - 6 Nays - 0
61. Resolution- 97-265 - Ordering the owner to remove or repair the building at 637 Oakdale Avenue
within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
62. Resolution- 97-266 - Ordering the owner to remove or repair the building at 498 Virginia Street
within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends
amending the order to 90 days for repair or removal on the condition that the vacant building
registration fee is paid and the shed on the property is removed.)
Councilmember Blakey moved a two week layover with a request that staff from Public Health be
present at that time.
Laid over to March 26 for continuance of public hearing Yeas - 6 Nays - 0
ADDENDUM
Public hearing to consider the application of Daniel and Linda Burns to rezone property from RM-2
(multiple family residential) to B-3 (general business)to allow expansion and remodeling of the
existing auto repair business at 982 Grand Avenue (south side between Chatsworth and Oxford).
(Laid over from February 26)
Kady Dadlez, Department of Planning and Economic Development, appeared and stated this was
laid over to give the applicant an opportunity to obtain a petition from area property owners to amend
the petition to P-1 zoning. That was done and Ms. Dadlez distributed copies of the petition.
Phil Byrne, City Attorney, confirmed that the Council could consider the amended request for
rezoning.
The following people appeared in opposition:
March 12, 1997, City Council Summary Minutes Page 12
Carolyn Gay, 1004 Grand Avenue, stated she is opposed to expansion of the business and removing
the home on the property.
Mary Murray, 1006 Grand Avenue, said that seven of the eleven names on the petition were from
the block between Chatsworth and Oxford. The other four are from the next block between
Chatsworth and Milton. There are over thirty people on the block who are not in favor of the
rezoning. She noted that the property is not currently kept properly and the bus bench is not
maintained and the sidewalk is not shoveled.
Helen Taylor, 1022 Grand Avenue, stated it is in her best interest not to be a resident surrounded by
commercial properties.
Kristin Gay, 1004 Grand Avenue, said last year her children were told by two proprietors of repair
garages that the kids should not be bicycling by their properties because it was dangerous with the
traffic. It will not work to have more business because traffic will increase.
Appearing in support:
Brian Alton, attorney for Linda and Daniel Burns, stated parking spots will not be taken away on
Grand Avenue. There is a curb cut that will be eliminated and moved. There are two curb cuts on
Chatsworth, one of which will be eliminated to allow more on street parking. Alley access is a
serious entry. The code provides that there will be no alley access for businesses that abut residential
property unless certain conditions are met. This issue will be addressed in the site plan review and
granting the special condition use permit. It may be safer to not have an obscuring fence for cars and
pedestrians exiting the alley, he said. There are neighbors across the alley that have a garage and a
fence may create a problem for them in the winter especially when there is snow. Also, there are
three new proposals from a realtor, a neighbor, and a contractor who have expressed interested in
moving the house.
Council President Thune closed the public hearing. He urged approval saying the parking issue has
been resolved satisfactorily.
Councilmember Rettman renewed her motion to approve.
Motion of intent - application approved as amended Yeas - 6 Nays - 0
59. Public hearing to consider the report of the Administrative Law Judge (ALJ) concerning licenses
held by Gregg Perkins, dba St. Paul Firearms, 634 North Snelling Avenue.
Virginia Palmer, Assistant City Attorney, appeared on behalf of License Inspections, and
Environmental Protection and provided a staff report. She stated that the administrative law judge
met with all the attorneys involved in this matter. There were four issues at the meeting: 1) Will the
applicant operate as a gun shop which would put it in violation of the zoning code? 2) Is the
applicant a fit licensee? 3) Will the applicant operate a business which constitutes a public
nuisance? 4) Will Saint Paul be able to verify the applicant's compliance with conditions? She said
she was present to comment on the findings of fact and conclusions of the ALJ and urged the
March 12, 1997, City Council Summary Minutes Page 13
position of LIEP to adopt the findings of facts, conclusions, and issue a license to Gregg Perkins for
a business at that location.
Ms. Palmer stated the findings and conclusions seem to be well supported by the record. The
significant decision to be made is whether Gregg Perkins would be out of compliance with the
zoning code because he meets the definition of a gun shop. There are many findings noted in the
report of the ALJ. LIEP feels these are easily verified conditions and would be applied to anyone
applying for the license. As to the determination of fitness, Mr. Perkins has no criminal violations.
The determination of whether he is a fit licensee was to be determined on the basis of prior
violations.
The two conditions for deciding whether the business would be a nuisance were whether or not the
operation of the business attracts crime. The All felt this was not a business that would attract
crime and there has not been an increase of crime in the neighborhood since he has operated the
business. The sole violation of a sale of cigarettes to a minor is a violation that occurs at other
license premises and has not been seen as a basis for revocation or denial of a license. The burglary
that took place was not the result of inadequate security. This is a legitimate business and annoyance
to a neighbor has to rise to a higher level than simply being bothered by the type of business it is.
Ms. Palmer urged the Council to adopt the ALJ's report with one amendment to a typographical error
on Page 8.
The following people spoke in opposition to the license:
Michelle Poeschel, 1458 N. Cleveland Avenue, read a statement from Senator Ellen Anderson.
Tom Darling, 1447 Thomas Avenue, attorney representing Hamlin-Midway Neighborhood Stability
Coalition. Mr. Darling presented a petition that was circulated at Central High School.
Ann Carlson, 1447 Thomas Avenue.
Anna Marschalk-Burns, 1800 Englewood Avenue.
Kathleen Winters, 1483 Breda Avenue.
Lynn Galle, 1737 W. Minnehaha, distributed a fact sheet put together by Childrens Defense Fund of
Minnesota. Phil Byrne, City Attorney, stated this information was not presented to the ALJ and the
Council could not accept new evidence and testimony.
Phil Preeshl, 2148 Carter Avenue.
Mickey O'Brien, 1265 Lafond.
The following person spoke in favor of the license.
Dave Feinwachs, attorney, representing Gregg Perkins.
Council President Thune closed the public hearing.
Councilmember Megard stated she cannot support the license. The ALJ record shows 1) Findings
of Fact#8 states the applicant is considering opening an outlet store outside the city to funnel sales
from the Snelling Avenue shop. 2) Finding of Fact#10 states an accountant speculates some sales
are unrecorded and sales tax payments exceeded collections. 3) Finding of Fact#16, there were two
attempted burglaries and one successful one in which nineteen handguns were stolen. According to
March 12, 1997, City Council Summary Minutes Page 14
the Saint Paul Police, entry was gained in less than one minute. 4) Finding of Fact#14,the
applicant wore his gun off the premises beyond the limits of this permit.
Councilmember Megard stated she disagrees with ALJ Conclusion#9. The applicant has not
demonstrated that he will meet Saint Paul's codes. The applicant failed one test for square footage in
late May or early June 1996. He passed a test one week later, but he has never passed a test of
revenues. The record questions whether he would pass or circumvent the requirements by funneling
money. Conclusion#12,the applicant carried a weapon outside the area permitted. Ms. Megard
stated she disagreed with Conclusion#14: the applicant has not demonstrated either in his
temperament or his attitude that he is a fit licensee. He taunts the neighbors with fake bombs in the
windows and a fake machine gun. He participated, however little, in the distribution of a killer filled
flyer to those who opposed him. He put signs in the windows to make fun of the neighbors. Ms.
Megard disagreed with#18; the operation did attract crime, she said. There were two attempted
burglaries and one successful one. Regarding Conclusion#20, the applicant is operating his business
in a way calculated to annoy the neighbors: machine gun replicas, wearing guns by choice beyond
the permitted area, etc.
Councilmember Megard stated the Council should not be lulled into thinking this is just another
business. She said she had 8 calls of support, 55 calls in opposition, and 11 letters in opposition. It
is not a question of liking or disliking a business,but a question of whether an applicant has
demonstrated that firearms are not the majority of his business and whether he intends to comply
with zoning and other codes. She said Mr. Perkins has not demonstrated that to her satisfaction.
Councilmember Blakey moved that a resolution be drafted denying the license.
Council President Thune stated he was not sure the gun shop is the target of what people are upset
about. If the Council denies the license, the City will be in court and will spend more money. Mr.
Thune stated he has been informed that there is an offer for a settlement in which the gun shop would
go out of business. The location would then be open to anyone. Mr. Thune suggested laying over
the final decision to pursue a way to make a settlement. Councilmember Megard questioned if the
Council could discuss litigation. Mr. Byrne responded it is always in order for the Council to discuss
settlement; however, the Council should not intermingle this issue with other settlement issues so
there should be a forum or a way to keep them both separate. Mr. Byrne stated he did convey the
offer that Mr. Feinwachs and Mr. Darling authorized to make to the Council and Administration last
week and received indications that it was not a viable proposal.
Council President Thune asked Mr. Feinwachs and Mr. Darling if the two sides would still be willing
to discuss a settlement further.
(The meeting was recessed from 7:00 to 7:10 p.m.)
Mr. Feinwachs responded that they have been asked in the past if they would be open to discussing a
settlement offer which would involve Mr. Perkins closing his store and agreeing not to open another
store in the City of Saint Paul. They have said 'yes' and their position remains `yes'.
March 12, 1997, City Council Summary Minutes Page 15
Phil Byrne asked Mr. Feinwachs if that would be subject to all the terms and conditions talked about
previously in terms of discussions of the offer with the City Council and others. Mr. Feinwachs
responded in the affirmative saying he understands there would be other things the City would
demand and they said they would agree to those and still would agree to those, he said.
Mr. Darling said he spoke with his clients and the consensus is the Council should"cut bait." He
said he did not feel they could continue to discuss a settlement.
Council President Thune asked Phil Byrne for clarification as to whether the issue is between the
City of Saint Paul and Saint Paul Firearms and those would be the only two parties that would have
to agree.
Mr. Byrne responded that the initial settlement proposal did not obligate the neighborhood coalition
to do anything although they did agree that they would not criticize the settlement or any amount of
money that the City Council would engage in and they would not object to it as long as Mr. Perkins
located outside of the City of Saint Paul. There was no dollar amount indicated at that time and no
dollar amount was ever discussed as far as Mr. Byrne was aware. Mr. Perkins also would have
agreed in that settlement not to challenge any existing City license or zoning ordinances relating to
gun sales. As a consequence of that, the City would not require any real estate or real property since
Mr. Perkins does not own the property he operates in but leases it. Mr. Byrne said there would have
to be a great deal of discussion as to what the settlement outline could be or would be and it's not
completely clear that it would succeed but that was the initial proposal.
Councilmember Bostrom asked if there was anything preventing anyone else from occupying that
building and going into the same line of business. Phil Byrne responded there is nothing to prevent
another potential applicant from applying for a license.
Councilmember Harris felt the Council should work within its authority to deny the license. There
should be a change in the zoning code to make clear the definition of a gun shop. This is telling the
license applicant that the license is being denied but the City is willing to work with them.
Councilmember Blakey said he was not comfortable with a layover and working out a settlement.
This business could come into another neighborhood, he said.
Ms. Megard asked if the Council votes no, if they can direct the City Attorney to look for a
settlement so Mr. Perkins does not continue with litigation. Phil Byrne responded the Council can
do that, but in the context of denying the license and the lack of detail in the offer at this point, it is
not a prospect the Council should hold out much hope for.
Councilmember Megard moved a two week layover to try to determine if the City could end this. If
not, the Council will come back and deny the license.
Motion Failed Yeas - 3 Nays - 3 (Blakey, Harris, Bostrom)
Councilmember Rettman stated denying the license will not be upheld in court. Council President
Thune concurred.
March 12, 1997, City Council Summary Minutes Page 16
License Denied Yeas - 4 Nays - 2 (Rettman, Thune)
MISCELLANEOUS
63. Communication from Council President Thune that the City Council will accept applications from
qualified voters to be considered for interim appointment to serve as Council Members from
Wards 5 and 7, and that applications for interim appointment must be sent to the Director of
Council Research, and that the date of the appointment for Ward 7 will be March 19, 1997.
Councilmember Bostrom moved to adjourn the meeting.
►JOk" ED • T7:30P.M.
imia
D vid une, Council President
ATTEST:
Minutes approved by Council
Nancy Anders n ` 1`qc ri
Assistant Coun '1 Secretary
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