Minutes 07-08-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, July 8, 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 �Ison at 5:10 P. M.
Present - 5- Councilmembers Guerin, Long, Rettman, Thune, �Ison
Absent - 2- Counciimembers Grimm (excused), Maccabee (arrived later in meeting)
Councilmember Long moved approval of the Consent Agenda.
Adopted Yeas - 5 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of City Council m(nutes of June 15 Council meeting and June 15 Closed Door
session meeting.
Adopted Yeas - 5 Nays - 0
2. Claims of Henry Hippe, Richard Scott Machgan and Elizabeth A. Mowry.
Referred to the City Attorney's Office.
3. Summons and Complaint in the Matter of Michael O. Alaga vs the City of Saint Paul et al.
Referred to the Cit�r Attorney's Office.
4. Letter of the Ramsey County Department of Taxation transmitting application AT 93-0405,
0419 and 420 (Gillette Hospital Site) for reduction of assessed valuation of real estate.
(Fnance Department recommends approval) cc # 13741
5. Letter of the Ramsey County Department of Taxation transmitting application AC 93-0550
(37 N. Wabasha Street) cc # 13742
6. Letter of the Valuation Engineer recommending a date of Public Hearing of August 10, 1993
to consider the petition of Ha Lu and Kieu Dang to vacate Theresa Place between St. Paul
Avenue and Howell Avenue.
7. Resolution - 93-952 - approving the appointment of Tom Welna as Executive Assistant to
the Mayor and granting signature authority in Mayor Scheibel's absence.
Adopted Yeas - 5 Nays - 0
8. Resolution - 93-953 - approving the appointmerrt of Chris Leifeld to Assistarrt to the Mayor.
Adopted Yeas - 5 Nays - 0
386
July 8, 1993
9. Resolution - 93-954 - approving applications for renewal of Various Class III Licenses by:
Arvid E. Taube, EI Amanecer, Charles Thompson Memorial Hall, Sylvan Booster
Club/Kuby's Place, Tuan Auto Repair, Stryker Auto Service, Tires Plus, Payne Arcade Area
Business Association/B V Peppercorns and Sr. Rosaline Gefre's Professional Massage
Center. (To be laid over one week for adoption)
Laid over until July 15th for adoption.
10. Resolution - 93-955 - approving applications for renewal of Various On Sale Liquor and
Supporting Licenses by: Parrish's, Starting Gate, Gatsby's and the Saint Paul Civic Center.
(To be laid over one week for adoption)
Laid over until July 15th for adoption.
11. Resolution - 93-956 - approving an application for renewal of an On Sale Uquor Club,
Sunday On Sale Liquor, Dance Hall, Off Sale Malt and Restaurant License by the Polish
American Club at 1003 Arcade Street. (To be laid over one week for adoption)
Laid over until July 15th for adoption.
12. Preliminary Order - 93-957 - In the Matter of sidewalk reconstruction on both sides of Wilson
Avenue from Kennard to Flandrau and setting date of Public Hearing for August 24, 1993.
Adopted Yeas - 5 Nays - 0
13. Preliminary Order - 93-958 - In the Matter of sidewalk reconstruction on both sides of Bush
Avenue from Germain to Kennard and setting date of Public Hearing for August 24, 1993.
Adopted Yeas - 5 Nays - 0
14. Preliminary Order - 93-959 - In the Matter of sidewalk reconstruction on both sides of E.
Orange Avenue from Pedersen to E. Ivy and setting date of Public Hearing for August 24,
1993.
Adopted Yeas - 5 Nays - 0
15. Preliminary Order - 93-960 - In the Matter of sidewalk reconstruction on the east side of
Clarence Street from E. Ivy to E. Arlington and the west side of Clarence Street from Topic
Lane to E. Arlington and setting date of Public Hearing for August 24, 1993.
Adopted Yeas - 5 Nays - 0
16. Preliminary Order - 93-961 - In the Matter of sidewalk reconstruction on the north side of
Old Hudson Road from Birmingham to Hazelwood and setting date of Public Hearing for
August 24, 1993.
Adopted Yeas - 5 Nays - 0
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Councilmember Rettman moved to recall from the July 13th Agenda C.F. 93-946 for
adoption.
Adopted Yeas - 5 Nays - 0
387
July 8, 1993
Resolution 93-946 - approving an application for a General Repair Garage License by
Christopher P. Walker dba Certified Auto at 977 Front Avenue.
Councilmember Rettman introduced an amended resolution with stipulations originated with
the District 6 Council.
Mr. Walker said he agreed with the stipulations and Councilmember Rettman moved
approval as amended.
Adopted Yeas - 5 Nays - 0
Councilmember Thune moved to suspend the rules to introduce the following resolutions
for adoption.
Adopted Yeas - 5 Nays - 0
Resolution -93-986 - approving an application for transfer of a Gamb�ing Manager's License
from Jacqueline Jansen to Melissa L. O'Connor dba Prosperity Heights Booster Club at
Mounds Park Lounge, 1067 Hudson Road.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
Resolution - 93-985 - approving an application for an Off Sale Malt and On Sale Malt
License by Forest Inn at 850 Forest Street.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
Council President Wilson introduced the Ms. Black Minnesota Princess and the two runner
ups. They said the contest was a Leadership Training Program and not a beauty contest.
Councilmembers congratulated the young women on their accomplishments and wished
them well in their careers.
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ORDINANCES:
17. Final Adoption - 93-869 - An ordinance amending Chapter 60 of the legislative code
regarding rezoning of property at 270 Sherburne Avenue. (Public Hearing held July 1 st)
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
388
July 8, 1993
COMMITTEE REPORTS:
18. Resolution - 93-775 - authorizing the Fire Department to accept a contribution of $5,000
from the St. Paul Companies to be used for the Junior Fire Marshall Program. (�nance
Committee recommends approval)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
19. Resolution - 93-851 - amending the 1993 Capital Improvement Program by transferring the
spending & financing plans from the Combined Sewer Separation Paving Program and the
1993 Major Sewer Repairs Projects to the CSSP Program and adding financing from
Minnesota Pollution Control Agency Grant and MNDot and MN DOA Agreements. (Fnance
Committee recommends approval)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
20. Resolution - 93-852 - amending the 1993 Capital Improvement Program by transferring the
spending & financing from the CSSP Program and the 1993 Major Sewer Repairs Projects
to the CSSP. (Finance Committee recommends approval)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
21. Resolution - 93-854 - approving additional spending authorit�r based on projected total 1993
spending requirements in the North Wabasha Ughting Maintenance Assessment District.
(Finance Committee recommends approval)
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
22. Resolution - 93-866 - amending the 1991 Capital Improvement Program by transferring the
spending and financing from the 1992 Major Sewer Repair Project to the Edgcumbe/Bayard
CSSP Project. (Finance Committee recommends approval)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
23. Resolution - 93-868 - establishing a new capital project activity for lighting and security
equipment at Margaret, Dayton's Bluff and Wilder Recreation Centers as requested by the
Long Range Capital Improvement Budget Committee. (Finance Committee recommends
approval)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
389
July 8, 1993
24. Resolution - 93-774 - amending the 1993 Budget by transferring $1,000 to the financing &
spending pians of the Office of Human Resources/Special Projects. (Finance Committee
recommends approvat)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
25. Resolution - 93-853 - increasing the financing and spending authority for the Fire
Responsive Services Fund. (Fnance Committee recommends approval)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
26. Resolution - 93-g63 - abolishing the unclassified title of Labor Relations Manger in Grade
26 of the non-represerrted City Manager's Standard Ranges. (Finance Committee
recommends withdrawal at the request of Administration)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
27. Resolution - 93-867 - establishing the new classification of Deputy City Labor Negotiation
in Grade 26 of the non-represented City Manager's Standard Ranges. (Finance Committee
recommends withdrawat at the request of the Administration)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
Councilmember Maccabee arrived at the meeting at this point.
PUBLIC HEARINGS:
28. Third Reading - 93-905 - An ordinance amending Chapters 85, 87, 88. 89, 90, 91, 92, 93
and 94 of the Legislative Code pertaining to the rules and regulations of the Saint Paul
Water Utility as recommended by the Board of Water Commissioners of the City of Saint
Paut.
No one appeared in opposition.
Bernie Bullert, Public Works Water Division, said there were a few minor changes and
answered questions of Councilmembers regarding enforcement and remedial actions.
Councilmember Rettman discussed water conservation within the City departments and
moved to close the Public Hearing.
Roll Call Yeas - 6 Nays - 0
Laid over until July 13th for Final Adoption.
29. Resolution - 93-962 - approving an application for renewal of a Class lll Gambling Premise
Permit by St.Peter Claver Social Club at Ideal Hatl, 1494 N. Dale Street.
No one appeared in oppos�ion.
Councilmembers Thune and Rettman moved approval.
Adopted Yeas - 6 Nays - 0
390
July 8, 1993
30. Resolution - 93-963 - approving an application for a General Repair Garage License by
William Dobsinski dba Kadlac Auto Service at 792 Rice Street.
No one appeared in opposition.
Councilmember Rettman moved approval with conditions for outdoor storage.
Adopted Yeas - 6 Nays - 0
31. Public Hearing to consider an appeal by Herward & R. Marilyn Vogel to a decision of the
Planning Commission approving a site plan for an addition to St. Paul's Church Home.
Councilmembers discussed the process for hearing items # 31 and # 33 and its
relationship to a previous appeal of a SCUP. Upon Council President Wilson's
recommendation, Councilmembers agreed to hold separate Public Hearing on these items.
Larry Soderholm, Planning & Economic Development reviewed the appeal and the staff
report.
Councilmembers questioned Mr. Soderholm about the applicability and
similarities/differences of other zoning cases.
Rahn Westby, 541 Portland Avenue, appeared on behalf of appellants. Ms. Westby
reiterated previous testimony regarding the expansion of the Church Home and the effect
it would have on the neighborhood. She reviewed relevant sub area plans and deed
restrictions and argued against including alleys in determining lot size and coverage. She
then reviewed current problems caused by the Church Home in regard to parking, loading
dock access and alley usage.
Jerry Hogenson, Executive Director of the Church Home reviewed previous testimony as
to the need for the expansion, the feasibility of renovating the 1896 building for housing
residents and frustration with the City's review process and regulations, particularly the
representations of staff.
Tom Leiman, Attorney representing the Church Home, reviewed the State requirements for
housing nursing home residents and the fee schedule and the different roles of the Council
and the Planning Commission.
After discussion between Councilmembers and Church Home representatives regarding the
Council's role and authority on financial issues, Imogene Triechell, 1277 Dayton Avenue,
Chairperson of the Planning Commission reviewed the Commission's process for arriving
at the decision made by the Commission.
Councilmember Maccabee questioned Ms. Triechell regarding the Commission's review of
local redevelopment plans.
Councilmember Guerin left the meeting and returned during discussion of this item.
Jerry Segal, Assistant City Attorney answered questions of Councilmembers regarding the
Council's powers in this matter.
Corina Allen, Minnesota Senior Federation spoke in support of the Church Home and
alleged discrimination against the elderly.
Councilmember Wilson clarified the issue before the Council and spoke of the importance
of elderly citizens in the community.
Councilmember Maccabee moved to close the Public Hearing.
Roll Call Yeas - 6 Nays - 0
(Discussion continued on following page)
391
July 8, 1993
(Discussion continued from previous page)
Counciimember Long questioned staff about parking requirements and the Church Homes'
compliance.
Councilmember Maccabee spoke in support of the appeal and cited error in the Planning
Commission's decision related to findings of consistence with the scale and character of
the neighbofiood, the impact on historic preservation, and the relevance of local
redevelopment plans.
Councilmember Guerin spoke in opposition to granting the appeal.
Councilmember Maccabee moved to grant the appeal based on errors cited during the
council discussion.
Adopted Yeas - 4 Nays - 2(Guerin, Long)
32. Public Hearing to consider an appeal by St. Paul's Church Home to an appeal of the
Heritage Preservation Commission's denial of the building design.
Beth Bartz, Planning & Economic Development reviewed the staff report and the Historic
Preservation Commission recommendation.
Jerry Hogensen and Tom Leiman, representing the Church Home spoke in favor of the
appeal and urged the Council to be consistent with their previous ruling that Commission
decisions are advisory, not binding. They reviewed the cost of rehabilitating the old
structure and hightighted the limited uses of the building.
Sylvia Frank, an architect and resident of the Ramsey Hill Historic District said it is important
to maintain the historic designs of the buildings in the district and urged the Council to deny
the appeal of the Church Home to expand their facilities as it was incompatible with the
historic character and scale of the surrounding community. She noted the height does not
conform to other structures and the Church Home proposed to demolish the porch to meet
lot coverage requirements to avoid a variance request. She also noted the Church Home
proposal would under utilize the old building resulting in lowered maintenance or
demolishing of the building.
Councilmember Thune moved to close the Public Hearing.
Roll Call Yeas - 6 Nays - 0
Councilmember Thune noted the historic significant of the area and reviewed the benefits
to the community and City of preserving our history.
Councilmembers Guerin and Long spoke in support of the appeal.
Councilmembers Rettman, Maccabee, and wlson spoke in favor of deniat.
Councilmember Thune moved to deny the appeal.
Adopted Yeas - 4 Nays - 2(Guerin, Long)
MISCELLANEOUS:
33. Public Hearing to consider an appeal by Thomas Dale Block Club to a Planning
Commission decision granting a reestablishment of nonconforming use permit to allow a
grocery store at 440 Thomas Avenue. (Public Hearing ctosed on July 1 st and laid over)
Councilmember Rettman reviewed the previous testimony.
(Discussion continued on following page)
392
July 8, 1993
(Discussion continued from previous page)
Councilmember Maccabee moved to close the Public Hearing.
Roll Call Yeas - 6 Nays - 2
Council President Wilson spoke in favor of granting the appeal.
Councilmember Rettman moved to uphold the appeal by the Thomas Dale Block Club.
Adopted Yeas - 6 Nays - 0
Councilmember Long moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 8:10 P.M.
ATTEST:
� � ncil President, William Wilson
_ _ �f /� rt�� � ,
' � ,� : , � �� �� ,
� � - ` Minutes approved by Council
City Clerk, `Mally O'Rourk�e � �, 9
MQ.dmb
393