Minutes 10-05-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, October 5, 1993
9:00 A.M. Room 330 City Hall & 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 9:15 A.M.
Present - 6- Councilmembers Grimm, Guerin, Maccabee, Rettman, Thune, Wilson
Absent - 1- Councilmember Long (arrived later in the meeting)
Councilmember Rettman requested items # 11 &# 12 be removed from the Consent
Agenda for discussion.
Councilmember Guerin asked if the terms have already expired in the reappointments of
item # 17.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Claims of Thomas M. Montanari, MSI Insurance (Vernett Natz & Alan Sauers), Samuel Paul,
David Ponte, Kathy Schaefer, Leonid Vaynerman and Lee R. Walker.
Referred to the City Attorney's Office.
2. Administrative Orders D-12572 through D-12587 noted as on file in the City Clerk's Office.
3. Communication from Sharon (Lea) Anderson.
4. Letter of the Valuation Engineer recommending a date of Public Hearing of November 9,
1993 to consider the petition of Space Center, Inc. for the vacation of Lafayette Road
between Grove Street and the new Lafayette Road.
5. Letter of the Valuation Engineer recommending a date of Public Hearing of November 9,
1993 to consider the petition of St. Paul Fire & Marine Insurance Company for the vacation
of the encroachments along Fifth, Sixth and Washington Streets.
6. Appeal of Robert J. Steigauf to an assessment for property at 2110 Margaret Street.
c c # 13771
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October 5, 1993
7. Appeal of Raymond L. Eyler to an assessment for sewer, street improvements and lighting
improvements for property at 2127 E. Margaret Street. c c# 13772
8. Appeal of The Tycon Companies to an assessment for alley maintenance for property at
354 Chestnut Street. c c# 13773
9. Letter from the Department of Public Health declaring the following properties as "nuisance
buildings": 1050 Pacific Street, 611 Rice Street and 310 Sherburne Avenue. (For
notification purposes only, public hearings will be scheduled at a later date if necessary).
10. Resolution - 93-1409 - approving the appointment by the Mayor of Gregory Chandler to the
Bicycle Advisory Board. (laid over from September 28th for adoption)
Adopted Yeas - 6 Nays - 0
11. (Discussed later in meeting)
12. (Discussed later in meeting)
13. Resolution - 93-1412 - approving the appointments by the Mayor of Thomas Kosel and
-� Pacyinz Lyfoung to the Refugee Affairs Committee. (laid over from September 28th for
adoption)
t�" Adopted Yeas - 6 Nays - 0
14. Resolution - 93-1413 - approving the appointment by the Mayor of Daniet Foote to the Saint
Paul Private Industry Council. (laid over from September 28th for adoption)
Adopted Yeas - 6 Nays - 0
15.` Resolution - 93-1414'- approving the appointment by the Mayor of Sgt. Terry Trooien to the
" Skyway Governance Committee. (laid over from September 28th for adoption)
Adopted Yeas - 6 Nays - 0
16. Resolution - 93-1415 - approving the appointment by the Mayor of Gia Westermeyer to the
Youth Fund Board representing Ward 5, Adult. (laid over from September 28th for
�- �adoption)
Adopted Yeas - 6 Nays - 0
17. Resolution - 93-1438 - approving the appointment by the Mayor of Paul Carrizales and
Susan Marschalk and the reappointment of Pao Lee, Elizabeth Newberry and Dr. Albert de
Leon to the Saint Paul Human Rights Commission. (To be laid over one week for adoption)
Laid over until October 12th.
18. Resolution - 93-1391 - approving action of the Council against licenses held by
Peppercorn's for the premises at 1174 Arcade Street. (Public Hearing held September 23,
1993)
Adopted Yeas - 6 Nays - 0
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October 5, 1993
19. Resolution - 93-1439 - approving application for renewal of various on Sale Liquor and
Supporting Ucenses held by: Arbuckle's Bar & Grill and Grand Ta�ern. (To be laid over
one week for adoption)
Laid over until October 12th.
20. Resolution - 93- 1440 - approving application for renewal of various Class III Ucenses held
by: Grandview Theatres 1& 2, Lepainter Body Shop, The World Theater, Ran View Post
�-# 6210, BFI Medical Waste Systems of MN Inc., Westphal's Auto Repair, The Jewish
Community Center of the Greater Saint Paul Area, Warner Sales, Godfathers Pizza, Harmon
Glass Company, and Pamela A. Jamison. (To be laid over one week for adoption)
Laid over until October 12th.
21. Resolution - 93- 1441 - approving application for renewal of various On Sale Wine and
Supporting Licenses held by: Princess Garden and the History Center. (To be laid over
one week for adoption)
Laid over until October 12th.
22. Resolution -93-1442 - creating a new Water Operator I class in Grade 08U of the Operating
- Engineers Bargaining Unit 12.
Adopted Yeas - 6 Nays - 0
23. ° Resolution - 93-1443 - approving the agreements between School Dist. # 625 and the
.International Brotl�erhood of Eiectrical Workers Local 110, Sheet Metal Workers International
Association Local 10 and the United Association of Plumbers Local 34. (To be laid over
-, one week for adoption)
Laid over until October 12th.
24. �Resolution - 93-1444 - approving the agreement between School Dist. # 625 and the
International Union of Operating Engineers Local 70. (To be laid over one week for
adoption)
Laid over until October 12th.
25. Resolution - 93-1445 - granting informal approval to Mickey's Diner to construct a parking
lot and building improvements in the public right-of-way on the south side of West Seventh
Street, west of St. Peter.
Adopted Yeas - 6 Nays - 0
COMMITfEE REFERRAL:
26. Resolution - 93-1446 - amending the 1993 Capital Improvement Budget by transferring
Sewer Revenue Bonds in the 1992 Combined Sewer Separation Program & adding 1985
Water Pollution Abatement Bond funds to the 1993 Flood Control Project. (Finance)
Referred to the Finance Committee.
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October 5, 1993
27. Resolution - 93-1447 - requesting the Ramsey County Legislative Delegation appoint the
Chair of the Saint Paul Legislative Delegation to the Joint Property Tax Advisory Committee
as a non-voting member. (Intergovernmental Relations)
` Referred to the Intergovernmental Relations Committee.
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11. Resolution - 93-1410 - approving the appointments by the Mayor to the Citywide Economic
Revitalization Committee. (laid over from September 28th for adoption)
Councilmember Rettman said there was no one on the list of appointees who lived in Ward
5 and asked what selection was used.
Councilmember Guerin asked why the appointments could not be laid over until after the
new Mayor takes office in January, 1994. Councilmember Guerin noted that three of the
appointees did not live in Saint Paul and questioned the procedure used to select
candidates.
A lengthy discussion ensued as to the need for collaboration between the Mayor and
Councilmembers regarding selection of appointees to the Commission.
Councilmember Long arrived at the meeting at this point.
-� Upon request of Council President Wilson, Councilmember Maccabee moved to send the
resolution back to the Mayor's Office and lay the item over for two weeks.
Roll Call Yeas - 7 Nays - 0
Laid over until October 19th.
12. Resolution - 93-1411 - approving the appointments by the Mayor to the Police Civilian
Y Internal Affairs Review Commission. (laid over from September 28th for adoption)
Councilmember Rettman said the review board would sunset in one year, unless the
Council wishes to extend members terms.
" Councilmember Thune amended the resolution to add "who shall serve until their terms
expire or the ordinance creating the commission expires, whichever comes �irst".
Roll Call Yeas - 7 Nays - 0
Councilmember Rettman moved to have the amended resolution back before the Council
� on October 7th.
Roll Call Yeas - 7 Nays - 0
` Laid over until October 7th.
ORDINANCES
28. Final Adoption - 93-1271 - An Administrative ordinance amending the Civil Service Rules by
establishing three positions entitled Deputy Chief of Police in the unclassified service as well
as the minimum qualifications. (Public Hearing held September 28th)
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
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October 5, 1993
29. Second Reading - 93-1423 - An ordinance granting authority to the Port Authority to issue
$16,000,000 in Port Authority General Obligation bonds for the development of two
properties commonly known as the Texaco Site and the Arlington-Jackson Site.
Laid over until October 7th for Third Reading/Publie Hearing.
30. First Reading - 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.
Laid over until October 12th for Second Reading.
31. First Reading - 93-1449 - An ordinance adopting Chapter 45.03, Subd.8 of the Legislative
Code relating to obstructions over public sidewalks. (Finance)
Referred to the Neighborhood Services Committee.
PUBLIC HEARINGS:
32. Resolution Ratifying Assessment - 93-1450 - In the Matter of the 35E/University Area Storm
Sewer Separation Project.
John Saumweber, Real Estate Division said they had received an appeal to the assessment
from the Burlington Northern Railroad.
After a brief discussion, Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
�
33. Resolution Ratifying Assessment - 93-1451 - In the Matter of the 35E/University Area Street
Paving and Lighting Project.
No one appeared in opposition.
�ouncilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
34. Resolution - 93-1452 - approving an application for a new Class B Gambling Location
License by B-Ventures 1 Inc., dba Champp's at 2431 W. 7th Street.
No one appeared in opposition.
Councilmembers Long and Thune moved approval.
Adopted Yeas - 7 Nays - 0
35. Resolution - 93-1453 - approving an application for a new State Class B Gambling Premise
Permit by Bill Hinchley on behalf of Minnesota/USA Wrestling Inc. at Champp's, 2431 W.
7th Street.
No one appeared in opposition.
Councilmembers Long and Thune moved approval.
Adopted Yeas - 7 Nays - 0
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October 5, 1993
36. Resolution - 93-1454 - approving an application for a new Gambling Manager's Ucense by
Daniel C. Chandler dba Minnesota/USA Wresting Inc. at Champp's, 2431 W. 7th Street.
No one appeared in opposition.
Councilmembers Long and Thune moved approvaL
Adopted Yeas - 7 Nays - 0
37. Resolution - 93-1455 - approving the transfer of a Restaurant-B, Off Sale Malt, Gambling
Location-B and Entertainment-III License from Sakell Inc. dba P.K.'s Pub Inc. at 230 Front
Avenue to New Western Front Inc. dba New Frontier Saloon at the same address.
No one appeared in opposition.
Councilmember Rettman said this was a fine establishment and moved approval.
Adopted Yeas - 7 Nays - 0
38. Resolution - 93-1456 - approving an application for an On Sale Liquor and Sunday On Sale
Liquor License by New Western Front Inc. dba New Frontier Saloon at 230 Front Avenue.
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
39. ` Resolution - 93-1457 - approving an application for an A/3 Grocery-A, Off Sale Malt, Gas
Station, Restaurant-A and Cigarette Transfer License by Hark's Oil Co. dba Dale Speedy
= Market at 589 N. Dale Street; Cigarette License currently issued to Speedy Markets, Inc.
dba Speedy Market at 589 N. Dale Street
No one appeared in opposition.
Councilmembers Thune and Rettman moved approval.
� Adopted Yeas - 7 Nays - 0
40. Resolution- 93-1458 - approving an application for a General Repair Garage License by Eric
E. Aaron dba Auto Parts & Service at 943 E. Maryland Avenue.
No one appeared in opposition.
Councilmember Grimm said there were some issues that needed to be worked out and
requested a two week layover.
Roll Call Yeas - 7 Nays - 0
= Laid over until October 19th.
,.
41.° Resolution - 93-1459 - ordering the owner to repair or demolish the property at 133 Case
Avenue.
No one appeared in opposition.
Councilmember Guerin said the Public Hearing date was set for October 12th and moved
a lay over.
Roll Call Yeas - 7 Nays - 0
Laid over until October 12th.
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October 5, 1993
42. Appeal of Gregory Lehman to the Heritage Preservation Commission decision to approve
twith conditions a building permit to instaU aluminum soffit and fascia at 839 E. Fourth Street
which is located within the Dayton's Bluff Heritage Preservation District. (The owner is
appealing the condition placed on the approval by the HPC)
Beth Bartz, Planning & Economic development reviewed the staff report and showed slides
of the property.
Greg Lehman, 839 4th Street, owner of the property said he bought the home and has put
a lot of money into fixing it up for rental property. Mr. Lehman said he has talked with
several siding contractors and none had ever heard of putting soffit trim on in the fashion
requested by the HPC. One contractor told him it could be done but would be costly and
not have the strength intended. Mr. Lehman passed around photographs of his home
showing the improvements he has made and also a sample of the product he wanted to
use on his trim.
Councilmember Guerin moved to close the Public Hearing.
Roll Call Yeas - 7 Nays - 0
Councilmember Guerin said he agreed with the homeowner and said Mr. Lehman is living
in the property and moved to grant the appeal to allow installation of the aluminum soffit
- materials as requested.
After a brief discussion, Councilmember Guerin moved approval of granting the appeal.
Motion of Intent adopted Yeas - 6 Nays - 1(Thune)
-; Councilmembers Grimm, Long and Thune left during discussion of the following item and
- did not return until. fater.
43. Appeal of John Hastings to the Heritage Preservation Commission decision to approval a
building permit to construct five single family homes at 662-670 E. Third Street which is
located within the Dayton's Bluff Heritage Preservation District.
Beth Bartz, Planning & Economic Development Division reviewed the staff report.
Councilmember Maccabee asked the City Attorney if the Council should look at the land
use today or when they adjourn as the Housing & Redevelopment Committee.
Cit�r Attorney Hudson said it would be appropriate to look at the use today.
John Hastings, 635 Greenbrier, said the City should not look at building new homes in the
area when there are so many vacant homes in the neighborhood that are in need of
restoration and could be rehabed for affordable housing.
Cliff Gary, 635 Bates asked the Council to look at doing scattered new home building in the
neighborhood and keep the area at Third & Maria as park space.
Councilmember Thune said the park area concept is not relevant to the Historical
Preservation Committee designs for new housing in the area.
Kar Carlson, 629 Greenbrier said she is not happy with the deviations from the Historic
Preservation's guidelines for the new construction. Ms. Carlson said the neighborhood
does not need any more low income housing.
Mrs. Gary of 635 Bates also spake against the project because of the need for more green
space in the area.
(Discussion continued on following page)
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October 5, 1993
(Dicussion continued from previous page)
Jean Thompson, 656 Cherry said the neighborhood residents are not being represented
in the issues with the proposed project for the area.
After further discussion, Councilmember Maccabee moved to close the Public Hearing.
Roll Call Yeas - 4 Nays - 0
Councilmember Grimm returned to the meeting at this point.
After a brief discussion among Councilmembers, Councilmember Maccabee moved to deny
the appeal and urged continued discussion with neighborhood residents.
Appeal denied Yeas - 5 Nays - 0
MISCELLANEOUS:
44. Administrative Order D-12562 - Approving payment of $10,500 to promote OCTOBERFEST
'93 in Rice Park. (Laid over from September 28th)
Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0
Council President Wilson said the report on the Amphitheater would be heard at the
� Housing & Redevelopment Committee meeting on October 12th.
� Councilmember Maccabee moved to adjourn the meeting: �-
ADJOURNED AT 1:00 A.M.
• t.
ATTEST:
uncil r ent, William Wilson
« 9�it a�, c.e,o -��� -coo✓1
Minutes approved by Council
Assistant City Clerk, Frances Swanson
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