Minutes 10-28-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, October 28, 1993
5:00 P.M. Room 330 City Hall and Court House
(temporary Council Chambers)
Third Floor City Hall
Saint Paul, Minnesota
The meeting was called to order by President Wilson at 5:10 P. M.
Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson
Absent - 0 -
MISCELLANEOUS:
19. 1993 Saint Paul Library Youth Service Volunteer Ceremony.
Councilmembers introduced youth volunteers from the Public Libraries and presented
them with certificates of recognition.
Council President Wilson explained the new award ceremony for library volunteers and
thanked them for their service to the City.
Council President Wilson recognized the Summer Youth Grass Cutting program that was
in operation in the North End district this summer.
Representatives from the Saint Paul Public Schools, City of Saint Paul Job Training
Program, Saint �Paul Pubfrc Heath, Local Union # 132 and members of the Thomas-Dale
Block Club were introduced and spoke about the merits of the program.
Councilmember Rettman moved to suspend the rules to introduce the following resolution
for adoption.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1649 - amending the 1993 Budget increasing the spending authority in
various Summary Abatement and Property Cleanup for snow removed in the Thomas
Dale Block Club.
Council President Wilson said this program will allow the students to continue working
during the winter and also will help the City by relieving City workers of the task of
summary abatements for snow removal on private properties.
After a brief discussion, Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Thune moved approval of the Consent Agenda.
Adopted Yeas - 7 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Administrative Orders D-12615 through D-12622 noted as on file in the City Clerk's Office.
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October 28, 1993
2. Summons & Complaint in the Matter of Arnold J. Strom and Gloria M. Strom vs the City of
Saint Paul et al.
Referred to the City Attorney's Office.
3. Resolution - 93-1581 - approving an application for renewal of an On Sale Liquor, Sunday
On Sale Liquor, Entertainment III, Gambling Location(b), and Restaurant(b) Licenses by
Laro Inc. dba Patrick's Lounge at 1318 W. Larpenteur Avenue. (Laid over from October
21 st for adoption)
Adopted Yeas - 7 Nays - 0
COMMITTEE REFERRAL:
4. Resolution - 93-1622 - amending the 1993 Budget of the St. Paul Police Department by
accepting and expending a grant from the State of Minnesota in the amount of $12,375 to
fund a pilot program entitled "Crisis Intervention Team". (Finance)
Referred to the Finance Committee.
5. Resolution - 93-1623 - an administrative resolution changing the rate of pay for Police
Trainee in the Salary Plan and Rates of Compensation. (Finance)
Referred to the Finance Committee.
6. Resolution - 93-1624 - amending the 1993 Budget of Public Health to increase the spending
authority in the Women Infant Child (WIC) Program. (Finance) -
Referred to the Finance Committee.
ORDINANCES
7. Second Reading - 93-1589 - An ordinance amending chapters 87, 88, 90, 91 and 92 of the
Legislative Code pertaining to rules and regulations of the Saint Paul Water Utility as
recommended by the Board of Water Commissioners of the City of Saint Paul. (For Action)
Laid over until November 2nd for the Third Reading/Public Hearing.
8. Second Reading - 93-1590 - An ordinance establishing the position entitled Office of
License, Inspections, and Environmental Protection Director as specified by Chapter 12 of
the Charter of the City of Saint Paul, Section 12.03.2(H). (For action)
Laid over until November 2nd for the Third Reading/Public Hearing.
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October 28, 1993
COMMITTEE REPORTS:
9. Resolution - 93-1134 - approving the appointment of Susan Sands to the District Energy
Board of Directors. (Public Works Committee recommends approval as amended)
City Clerk O'Rourke said this is a duplication resolution of C.F. 93-1597 and should be
withdrawn.
Councilmember Thune moved to withdraw this resolution.
Adopted Yeas - 7 Nays - 0
WITHDRAWN
10. Resolution - 93-1562 - authorizing corrections to the legal description in resolution C.F. 91-
519 for land vacated. (Public Works Committee recommends approval)
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
11. Letter from District Energy St. Paul Inc. filing its amended Schedule A for rates that will be
charged with service beginning with the billing month of October, 1993 and remain in effect
until superseded. (Public Works Committee discussed, no action required)c c# 13769
PUBLIC HEARINGS:
12. Resolution - 93-1625 - approving an application for a new State Class B Gambling Premise
Permit by Hafner at 1560 White Bear Avenue.
No one appeared in opposition.
City Clerk O'Rourke said her office had been informed by the Office of Licensing, Inspection
& Environmental Protection (LIEP) that the business is in the process of transferring
ownership and LIEP recommended the resolution � be laid over indefinitely until the
ownership issues are resolved.
Councilmember Grimm moved an indefinite layover.
Roll Call Yeas - 7 Nays - 0
Laid over indefinitely.
13. Resolution - 93-1626 - approving an application for a new Class A Gambling Location
License by Thompson Restaurant Inc. dba Hafner's at 1560 White Bear Avenue.
(See discussion with item # 12)
Councilmember Grimm moved an indefinite Layover.
Roll Call Yeas - 7 Nays - 0
Laid over indefinitely.
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October 28, 1993
14. Resolution - 93-1627 - approving an application for a new Gambling Manager's License by
Margaret St. Sauver dba East Twins Babe Ruth League at Hafner's, 1560 White Bear
Avenue.
(See discussion with item # 12)
Councilmember Grimm moved an indefinite layover.
Roll Call Yeas - 7 Nays - 0
Laid over inde�nitely.
15. Resolution - 93-1628 - approving an application for a new State Class B Gambling Premise
Permit by Hafner's at 1560 White Bear Avenue.
(See discussion with item # 12)
Councilmember Grimm moved an indefinite layover.
Roll Call Yeas - 7 Nays - 0
Laid over indefinitely.
16. Resolution - 93-1629 - approving an application for a new Gambling Manager's License by
Bruce Wigen dba Johnson Area Youth Hockey at Hafner's, 1560 White Bear Avenue.
(See discussion with item # 12)
Councilmember Grimm moved an indefinite layover.
Roll Call Yeas - 7 Nays - 0
Laid over indefinitely.
17. Public Hearing to consider the appeal of John & ShErry Goodman to a decision of the
Board of Zoning Appeats denying a side yard setback variance to allow construction of an
addition with garage to an existing single family home at 537 Mount Curve Blvd. (Laid over
from October 21 st)
Council President Wilson reviewed the process and previous testimony.
Councilmember Long requested that the Public Hearing be reopened as members of the
community were present with new information. Councilmember Long moved to reopen the
Public Hearing.
Roll Call Yeas - 7 Nays - 0
Tom Starke, 545 Mt Curve Blvd., who is in the home mortgage business, said his
professional opinion was that the addition would have an adverse effect on other properties
in the area by changing the character and appearance of the neighborhood.
Peryl Krawetz, 530 Mt. Curve, who is a real estate agent specializing in this neighborhood,
said she is against having a driveway in the front yard on the block and this would be the
only driveway on that side of the street. She said the addition would change the traditional
character of the community and crowded adjacent homes.
Councilmember Long questions Mr. Krawetz regarding lot size and distance from adjacent
homes.
Joanne Barkus, 507 Mt. Curve Blvd., spoke against the addition and the curb cut on as it
was out of character for the community.
(Discussion continued on following page)
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October 28, 1993
(Discussion continued from previous page)
Bryan Holmgren, 493 Mt. Curve Blvd. said he has been in his house for 2 1/2 years and
he bought the home because of the large yards did not want the character of the
neighborhood disrupted. He said codes were developed to protect communities. He said
he put an addition on his property without needing any variances.
After questioning the City Attorney regarding procedures, Councilmember Long introduced
pictures he had taken of the block. Councilmember Long spoke in opposition to the
variance saying there was no error by the BZA and that the addition could be built without
the code requirements.
John Goodman, appellant, answered questions of Councilmembers and reviewed his
previous testimony.
Councilmember Thune spoke in opposition to the variance as it would change the physical
appearance and rhythm of the neighborhood.
Councilmember Maccabee reviewed previous variance decisions noting the precedent was
to grant similar requests. She cited errors by the BZA.
Councilmember Rettman suggested a compromise to grant a 2' variance.
Councilmember Grimm left the meeting and returned during the discussion.
Further discussion ensued among Councilmembers regarding possible errors, the impact
-� on the community and property values and the relevance of the proposed curb cut.
Councilmember Maccabee moved to close the Public Hearing.
Roll Call Yeas - 7 Nays - 0
Councilmember Maccabee cited the errors in the BZA decision and moved to uphold the
appeal.
Roll Call Yeas - 5 Nays - 2(Long, Thune)
Appeal Granted.
Councilmember Grimm left the meeting at this point and did not return.
18. Appeal of Hamline-Midway Coalition to a decision of the Planning Commission to allow a
tire retread manufacturing plant at 625 N. Fairview Avenue. (Laid over from October 21 st)
The City Attorney said the Council's previous action to request a Class III License was not
in order and reviewed the process that would be followed by LIEP.
Councilmember Guerin moved to deny the appeal.
Councilmember Maccabee moved to amend the motion to say this was similar to an I-2
use.
Discussion ensued among Councilmembers Maccabee and Guerin and Assistant City
Attorney Segal regarding the effect of the amendment.
Roll Call Yeas - 2 Nays 4(Guerin, Long, Thune, Wilson)
Councilmember Guerin moved to deny the appeal.
Roll Call Yeas - 6 Nays - 0
Appeal denied.
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October 28, 1993
Assistant City Attorney, Phyl Byrne reviewed the potential for sending the license to an
Administrative Law Judge.
Councilmember Guerin spoke in favor of a Class III License.
ADDITIONAL ITEMS:
1. Resolution - 93-1611 - amending the 1993 Capital Improvement Budget by revising the
spending �_ and financing plans for Lexington Parkway from Lincoln to University
reconstruction project. (laid over from October 26th)
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Rettman moved to suspend the rules to introduce the following ordinance.
Adopted Yeas - 6 Nays - 0
First Reading -1650 - An ordinance to amend the license fee schedule in Chapter 310 of the
Legislative Code increasing license fees by 2% in conjunction with an estimated 2%
increase in enforcement costs for 1994.
. Laid over until November 4th for Second Reading.
2. Third Reading - 93-906 - An ordinance amending the Zoning Code governing infectious
waste uses. (substitute submitted and laid over from October 26th)
No one appeared in opposition.
Laid over until November 4th for Final Adoption.
IMMEDIATELY FOLLOWING THE CITY COUNCIL MEETING
BOARD OF PUBLIC HEALTH MEETING
The meeting was called to order by Council President Wilson at 6:15 P.M.
Present - 6- Councilmembers Guerin, Long, Maccabee, Rettman, Thune, Wilson.
Absent - 1 - Councilmember Grimm (excused)
1. Resolution - 93-1593 - approving 1994-1995 Community Health Services (CHS) Plan and
updating the 1994-1995 Indian Health Grant for Saint Paul and Suburban Ramsey County.
(Laid over from October 21 st.)
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
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October 28, 1993
Councilmember Rettman moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 6:20 P.M.
. ,
ATTEST:
� ,
ouncil resident, William Wilson
Minutes approved by Council
City Clerk, o O'Rourk
MO: b ��' A',�3 — 9-�
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