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Minutes 10-21-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Thursday, October 21, 1993 5:00 P.M. Room 330 City Hall and Court House (temporary Council Chambers) Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President Wilson at 5:00 P.M. Present - 6- Councilmembers Grimm, Long, Maccabee, Rettman, Thune, Wilson Absent - 1 - Councilmember Guerin Councilmember Rettman said there was a typographical error in item # 8 resolution and that the year should be 1998 not 1993. Councilmember Rettman moved approval of the Consent Agenda as amended. Adopted Yeas - 6 Nays - 0 CONSENT AGENDA .�OR ACTION 1. Approval of minutes from the September 21 and 23, 1993 and the September 23rd Closed Door session of Gouncil meetings. Adopted Yeas - 6 Nays 2. Petition of the Port Authority of Saint Paul for the vacation of Broadway from East 9th Street to East 10th Street and setting date of Public Hearing for November 23, 1993. 3. Letter from the Department of Public Health declaring the following properties as 'Nuisance Building(s)': 850 Case Avenue and 458 Edmund Avenue. (For notification only, public hearings will be scheduled at a later date, if necessary) 4. Resolution 93-15$1 - approving an application for renewal of an Qn Sale Liquor, Sunday On :.,Sale Liquor, Entertainment-III, Gambling Location (B), and Restaurant (B) License by Laro Inc. dba Patrick's Lounge at 1318 W. Larpenteur Avenue. (To be laid over one week for adoption) Laid over until October 28th for adoption. 5. Resolution - 93-1582 - approving the Guidelines for the Business Partnership Pilot Program and authorizing the Housing & Redevelopment Authority to administer the program on behalf of the City Council. Adopted Yeas - 6 Nays - 0 605 October 21, 1993 COMMITTEE REFERRAL: 6. Resolution - 93-1583 - changing the rate of pay for Adaptive Recreation Director in the Salary Plan and Rates of Compensation Resolution. (Finance) Referred to the Finance Committee. 7. Resolution - 93-1584 - establishing the rate of pay for Physician Assistant in the Salary Plan and Rates of Compensation Resolution. (Finance) Referred to the Finance Committee. 8. Resolution - 93-1585 - approving a five year extension of Lease Agreement granting to Elizabeth Schmidt the use of vacant land for personal use. (Finance) Referred to the Finance Committee. 9. Resolution - 93-1586 - approving grant allocations for the 1993 Child Care Partnership Program. (Human Services, Health & Business Regulation) Referred to the Human Services, Health & Business Regulation Committee. 10. Resolution - 93-1587 - replacing the policy of charging the market value of the City's interest in vacations of street and alley rights-of-way with a policy of charging only an administrative fee to cover the administrative costs of such vacations. (Public Works) Referred to the Public Works Committee. 11.= Resolution - 93-1588 - amending the 1993 Capital Improvement Budget to fund street lighting improvements on Marshall Avenue from Cretin to Fry with County Aid financing. (Public Works) Referred to the Public Works Committee. ORDINANCES 12. Final Adoption - 93-1448 - An ordinance granting permission to Mickey's Restaurant Inc. 36 W. Seventh Street to construct and maintain parking lot and building improvements within the public right-of-way on the south side of West Seventh Street, west of St. Peter Street. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 � 13. First 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 October 28th for Second Reading. 606 October 21, 1993 14. First Reading - 93-1590 - An Administrative 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. (For Action) Laid over until October 28th for Second Reading. 15. First Reading - 93-1591 - An ordinance to amend sections 409.22 and 409.24 concerning allowable compensation for charitable gambling employees and managers. (Human Services, Health & Business Regulation) Referred to the Human Services, Health & Business Regulation Committee. PUBLIC HEARINGS: 16. Resolution - 93-1592 - approving an application for the transfer of a General Repair Garage License by Bernard J. Mordorski dba Bernie's Auto Repair from 767 1/2 Bush Avenue to 809 E. 7th Street. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 17. _ Resolution - 93-1404 - ordering the owner to repair or remove the building at 725 Stryker ; Avenue. (Laid over from September 21 st) No one appeared in opposition. Councilmember Thune moved approval as amended to demolition or repair within 30 days of publication of the resolution. Adopted Yeas - 6 Nays - 0 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 7th) Neil Mahon, 1804 Lafond a representative of the neighborhood said he had visited Bauer Built's site in Savage and reviewed the stipulations requested by the neighborhood residents to address traffic, parking and noise concerns. Councilmember Maccabee recommended a two week layover to meet with neighbors to review the proposal.. Dan Feeney, owner of the warehouse asked that the layover be moved to only one week and Councilmember Maccabee said it could be done. A brief discussion ensued among Councilmembers and Mr. Feeney concerning whether a Class III license is needed. Myran Goldman, Manager for Battery Warehouse at 622 N. Fairview addressed the traffic issues raised by the community. After a discussion between Councilmembers regarding the type of license that should be issued for retreading as a recycling business, John McCormick, Assistant City Attorney, said his office will review the requirements for a Class III License and report back to the Council. (Continued on following page) 607 October 21, 1993 (Continued from previous page) Councilmember Maccabee moved approval of a Motion of Intent to require a Class III License for this business. Roll CaU Yeas - 6 Nays - 0 Councilmember Maccabee moved a one week layover. Roll Call Yeas - 6 Nays - 0 Laid over until October 28th. 19. Public Hearing to consider the appeal of John & Sherry Goodman to a decision of the Board of Zoning Appeals 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. Councilmember Maccabee left and returned during Mr. Bunnell's report. Marv Bunnell, Planning & Economic Development reviewed the staff report, the Board of Zoning decision and the options available to Mr. Goodman to build a garage on the properry. John McCormick, Assistant City Attorney, reviewed the procedure for findings. John Goodman, appellant reviewed his plans for the addition and the reasons for the variance. Mr. Goodman introduced an architect, Mike Sharrott, an architect who had designed the addition to his present home. Mr. Sharrott reviewed the plan for the expansion. Tom Wilkolak, 2231 Scheffer, a landscape architect, highlighted Mr. Sharrott's qualifications •. and said that landscaping would help to blend the addition into the existing character of the communiry. Councilmember Thune left the meeting at this point and did not return. Gail Sommers, Highland Park Community organizer said the Council's recommendation was for approval of the variance and the full Council had not voted to override the Committee recommendation. Bill Bush, 541 Mt. Curve, who lives next door to the properry, spoke against granting the variance and said it was possible for Mr. Goodman to add a garage to the back of his property where many of the neighbors have their garages. He said the proposed addition would put a modern house on a traditional lot. Russell Nelson, 546 Mt. Curve, and a commercial real estate agent, said he lives directly across the street from 537 Mt. Curve and he is opposed to the side garage and the curb cut onto Mt. Curve Blvd. Mr. Nelson said there are no other homes on that side of the street that have a curb cut. He said the proposed addition will have a detrimental impact on adjacent home values. A brief discussion ensued among Councilmembers and Mr. Goodman regarding the relevancy of the proposed curb cut to the variance, the fact that a curb cut was allowed without a variance, possible alternate additions, and the written correspondence from Mr. Goodman's appraiser. (Continued on following page) 608 October 21, 1993 (Continued from previous page) Councilmember Long moved to close the Public Hearing. Adopted Yeas - 5 Nays - 0 Councilmember Long spoke in opposition to granting the appeal as no error is apparent. Councilmembers Maccabee, Grimm and Rettman cited possible errors by the Board of Zoning Appeal. Council President Wilson questioned staff about their findings. After a lengthy discussion among Councilmembers about the issues, Councilmember Long moved to lay over the item one week. Roll Call Yeas - 5 Nays - 0 Councilmember Grimm moved to adjourn the meeting at this time. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 7:05 P.M. � . ATTEST: ' ncil Pr ' t, William �Ison Minutes approved by Council City Clerk, olly O'Ro rke M dmb //-�3 —9.3 609