Minutes 06-17-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, June 17, 1993
5:00 P.M. Councii Chambers
Third Floor Cifiy Hall and Court House
- Saint Paul, Minnesota
The meeting was called to order by President Wilson at 5:00 P.M.
Present - 5- Councilmembers Grimm, Guerin, Rettman, Thune, Wilson
Absent - 2- Counciimembers Long (excused), Maccabee (arrived during discussion of
the Consent Agenda)
Councilmember Rettman said the District Council may ask that stipulations be attached
to item # 11 and that any amendments would be introduced next week.
Councilmember Rettman moved approval of the Consent Agenda.
Adopted Yeas - 6 Nays - 0
Ct�NSENT AGENDA .
�:
- FOR ACTION
1. Approval of minutes of May 13, and 20, 1993 City Council meetings.
, Adopted Yeas - 6 Nays - 0
2. Claims of David Joseph Klover, Laura M: Lundberg and Terry J. Connelly.
Referred to the City Attorney's Office.
3. Petition .of Ha Lu and Kieu Te Dang to vacate public land described as east-west property
(60') between lot 13, block 7 and lot 1, block 8 of Bohland's Edgecumbe Hills (Theresa
Place). (Referred to Real Estate Division)
4. Resolution - 93-787 - approving the appointment of Kathleen Milner to the Properiy Code
Enforcement Board. (Laid over from June 10th for adoption)
�; Adopted Yeas - 6 Nays - 0 �
5. �-� Resolution - 93-788 - approving the appointment of Frank Marzitelli to the Wabasha Street
Bridge Task Force. (Laid over from June 10th for adoption)
Adopted Yeas - 6 Nays - 0
6. Resolution - 93-835 - approving the appointments of Don Schmitz and John Hoffner and the
reappointments of James Cook, Malcolm McDonald, John Fisher, James Zenter, Dr. Phillip
Penn, and Donovan Schwichtenberg to the Saint Paul Private Industry Council (PIC). (To
� be laid over one week for adoption)
Laid over until June 24th for adoption.
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June 17, 1993
7. �= Reso(ution - 93-836 - approving payment of $12,500 from the Tort Liability Fund to Elizabeth
L. Hasse in settiement of her claim. °
�"` Adopted Yeas - 6 Nays - 0
� �:
8. �� Resolution - 93-837 - approving payment of $3,202.13 from the Tort Liability Fund to 3 M
- National Advertising Company in settlement of their claim.
Adopted Yeas - 6 Nays - 0
9. Resolution - 93-838 - approving renewal of various Off Sale Liquor and Supporting Licenses
by: Lex Uquor Barrel and the East Side Liquor Store. (To be laid over one week for
adoption)
Laid over until June 24th for adoption.
10 Resolution - 93-839 - approving renewal of various Class I11 Licenses by: Adam's Foods,
Mel's Direct Service, Griggs-Midway Management Company, Swede Hollow Import Service,
Precision Tune, Angelo's Pizza, Meineke Discount Mufflers, Goodyear Tire & Rubber
Company, Superamerica #4415, Firestone Store, Sunray Amoco, Old Volks Home, Irene
Cummings, Lot B, Ramsey Ramp, Tires Plus, TNT Auto Body Repair, Volume Services (St.
Paul Civic Center), Superamerica #4423, Adam's Food and Body Balance Therapeutic
Massage. (T'o be laid over one week for adoption)
Laid over until June 24th for adoption. �
11. :� Resolution - 93-840 - approving renewal of an On Sale Liquor, Sunday On Sale Liquor and
` Restaurant License by B H& M Inc. dba Born's Dutch Bar at 899 Rice Street. (To be laid
over one week for adoption)
��� Laid over until June 24th for adoption.
�`�-
1� Resolution - 93-841 - approving renewal of various Class III Licenses by: Superamerica (4
applications), Applebaum's, Four Seasons Automotive Service, Superamerica (2
applications), Olson's Kwik Food Mart, Korner Store, St. Paul Campus Grocery, Selby Food
& Gas, Feronia Dairy, RC Dick's Foods, Olson's Randolph Service Station, American &
Asian Grocery, Economy Muffler, Midway Motel Inc., General Tire & Rubber co, Burr St.
Grocery, Car X Muffler Shop, Superamerica Group Inc. #4358, Anderson-Nelson VFW Post
#1635, Phalen Park Auto Service, Speedy Market, Day By Day Cafe, Speedy Market #15,
Rice & Larpenteur 66, Holiday's, Superamerica #4151, Royal Guard Jr. Drum & Bugle
Corps/Club Metro, Arcade 66 Service, Sr. Rosalind's Professional Massage Center, Minni
Market, A-1 Used Cycle Parts, Koutek Garage, Haas Collision Craft, East Side Service,
Trans Auto and Cleveland Standard. (To be laid over one week for adoption)
Laid over until June 24th for adoption.
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June 17, 1993
13.. Resolution - 93-842 - approving renewal of various Class III Licenses by: Superamercia
#4429, Apcoa Inc., East Side Gun Shop, Selby Avenue Superette, American Business
' 'Women's Assn/Lady Slipper/Jeraldine's, Sun & Sno Motel, Exel Inn of St. Paul, Pizza Hut
#426023, Parking Services Inc. (2 applications), Superamerica (2 applications), Jensen
Durfree & Associates, Superamerica (2 applications), Lakeside Auto Sales and
Superamerica #4430. (To be laid over one week for adoption)
Laid over until June 24th for adoption.
14. Resolution - 93-843 - finalizing Council action regarding the appeal of Darrell D. Gjorvad to
a Summary Abatement Order for property at 850 Sims Avenue. (Public Hearing held April
15, 1993)
Adopted Yeas - 6 Nays - 0 ,
15. Resolution - 93-844 - finalizing Council action regarding the appeal of James C. Somers to
a Summary Abatement Order for property at 547 Beaumont Street. (Public Hearing held
on May 13, 1993)
Adopted Yeas - 6 Nays - 0
16.� Resolution - 93-845 - establishing a Barking Dog Complaint Response Policy.
�, Adopted Yeas - 6 Nays - 0
° 17. � Resolution - 93-846 - approving interceptor maintenance agreement between the City of
Saint Paul and the Metropolitan Waste Control Commission for the year 1993.
. Adopted Yeas - 6 Nays - 0
18. . Preliminary Order - 93-847 - In the Matter of construction of the City Ha11-Court House
Streetscape Project and setting date of Public Hearing for July 20, 1993. -
Adopted Yeas - 6 Nays - 0
19. ° Preliminary Order - 93-848 - In the Matter of acquiring a permanent easement in connection
with the improvement of Shepard Road from Randolph to Chestnut and setting date of
Public Hearing for July 20, 1993.
Adopted Yeas - 6 Nays - 0
20� Preliminary Order - 93-849 - In the Matter of sidewalk recon�truction with integral curb and
°� filling in of areaway on the south side of Dayton Avenue from approximately 95' east of N.
' Western to approximately 127' east of N. Western and setting date of Public Hearing for
August 3, 1993.
Adopted Yeas - 6 Nays - 0 �
a 21. Resolution Approving Assessment - 93-850 - In the Matter of acquiring a permanent utility
easement over, under and across the Soo Line Railroad Right of Way in conjunction with
the Palace/Toronto Area CSSP Project and setting date of Public Hearing for July 27, 1993.
Adopted Yeas - 6 Nays - 0
345
June 17, 1993
COMMITTEE REFERRAL: F
22: Resolution - 93-851 • amending the 1993 Capital improvement Program by transferring the
` spending and financing from the Combined Sewer Separation Paving Program and the 1993
� Major Sewer Repairs projects to the Combined Sewer Separation Program and adding
financing from Minnesota Poliution Control Agency Grant & MN Dot and MN DOA
Agreements. (Fnance)
� Fieferred to the Finance Committee.
k , ; .
23. Resolution - 93-852 • amending the 1993 Capital Improvement Program by transferring the
spending and financing from the Combined Sewer Separation Paving Program and the 1993
Major Sewer Repairs proje�ts to the Combined Sewer Separation Program. (Finance)
Referred to the Finance Committee.
24. Resolution - 93-853 - increasing the financing and spending authority for the Fire
Responsive Services Fund. (Finance)
Referred to the Finance Committee.
25. Resolution - 93-854 - approving additional spending authority based on projected total 1993
spending requirements in the North Wabasha Lighting Maintenance Assessment District.
(Finance)
Referred to the Finance Committee.
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C(�AQMITTEE REPORTS:
2� � -
Resolution - 93-793 - approving a permanent bikeway on Summit Avenue from Mississippi
River Blvd. to Lexington Avenue. (Public Works Committee recommends approval - laid
over from June 20th for adoption)
Councilmember Thune moved approvaL
Adopted Yeas - 6 Nays - 0
27. Resolution - 93-592 - adopting the East Consolidated Small Area Plan as an amendment
to the Comprehensive Plan. (Housing & Economic Development Committee recommends
approval as amended)
Councilmember Grimm moved approval as amended in Committee.
Adopted as amended Yeas - 6 Nays - 0
Councilmember Thune moved to suspend the rules to recall the following resolutions ftom
the June 29th Agenda for adoption.
; Adopted Yeas - 6 Nays - 0
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June 17, 1993
Resolution - 93-858 - approving modification of parking requirements for Vicorp Restaurants
Inc. dba Bakers Square Restaurant at 917 Grand Avenue.
Councilmember Thune said the neighborhood residents were in approval of the parking
modi�ication and the On Sale Wine & On Sale Strong Beer license appiication and moved
� approval.
Adopted Yeas - 6 Nays - 0
Resolution - 93-831 - approving an application for an On Sale Wine & On Sale Strong Beer
License by �corp Restaurant, inc. dba Bakers Square Restaurant 7 Bakery at 917 Grand
Avenue.
(See discussion with about resolution)
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Rettman moved to suspend the rules to recall from the Finance Committee
the following resolutions.
Adopted Yeas - 6 Nays - 0
:�Resolution - 93-705 - changing the rate of pay for 38 female dominated classifications.
� (Finance Committee recommends approval)
'��Councilmember Guerin asked why the resolutions were being moved forward so quickly
��and asked that the resolutions be laid over to allow him time to review them.
`Councilmember Rettman reviewed the resolutions, the Committee's deliberations and the
. need for adoption by the end of June.
Councilmember Maccabee asked i� the City would be in compliance with State law if the
Council adopted the two resolutions.
John Shockley, Human Resources Office said the resolutions must be submitted to the
State by June 30, 1993 and answered questions of Councilmembers.
After further discussion, Councilmember Rettman moved to lay over the items to June 22nd.
Roll Call Yeas - 6 Nays - 0
Laid over until June 22nd.
' Resolution - 93-819 - approving the Pay Equity Report. (Finance Committee recommends
approval)
(See discussion with above items)
�Councilmember Rettman moved to lay over fhe item to June 22nd.
�Roll Call Yeas - 6 Nays - 0
Laid over until June 22nd.
347
June 17, 1993
MISCELLANEOUS:
. 33.. Presentation by Jean Hart of The Sairrt Paul Foundation, CI'rff Garten, Artist and Christine
� Podes-Larson, arts representative for the communities of color that settled in Saint Paul.
They spoke in favor of the City adding land to the Kellogg Mall garden. A presentation and
explanation of the park and the four ethnic groups represented was given by members of
the Saint Paul Foundation.
Councilmember Maccabee left and returned during the above presentation.
���Councilmember Thune moved to suspend the rules to int�oduce the following resolution.
Adopted Yeas - 6 Nays - 0
Resolution - 93-883 - dedicating an add�ional 72' of land to be incorporated as part of the
memorial park on Kellogg Mall, east of Robert Street.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
PUBLIC HEARINGS:
28. Third Reading - 93-596 - An ordinance adopting zoning code amendments related to the
East Consolidated Small Area Plan and 40 Acre Study. (Housing & Economic Development
Committee recommends approval of the substitute ordinance)
� John Daubney, Attorney for Poor Richards Inc. spoke against the ordinance and said it
would put his client out of business. He said Mr. Wybrilla has been doing business at this
�site for years and it is properly zoned for his business. Mr. Daubney said his client has
never received any notification of ineetings etc. in conjunction with this Plan.
�Kelly Darwin, President of Haulaway Systems, a corporation of Poor Richards, spoke
against the ordinance and said they are proud of their business and the improvements they
� have made to the property.
Dorothy Bartell, 742 Desoto Street spoke against any further expansion by Poor Richards
� south of his property and noted problems with dust and visual pollution.
Jeff Freeman, a member of the East Consolidated Task Force spoke in support of the
ordinance and said 2 years of work has been put into drafting the East Consolidated Small
Area Plan and 40 Acre Study and proper notification has been sent to all property owners.
Ray Sammons, 1205 Westminster spoke in favor of the Plan and urged the Council to adopt
the recommendation of the Committee.
Councilmember Rettman reviewed the citizen review process that lead to the development
of the plan and thanked community members for their participation. She spoke in support
of the plan citing the effect and stability of the neighborhood and the long standing needs
of the community.
Councilmember Guerin said he cannot support taking a persons livelihood away from them.
.�,Councilmember Rettman moved approval of the substitute ordinance.
Rol{ CaU Yeas • 5 Nays 1(Guerin)
� Laid over until June 24th for Final Adoption.
348
June 17, 1993
Councilmember Guerin left the meeting at this point and returned later.
29: Resolution - 93-855 - approving an application for an A/2 Grocery-F, Cigarette and Off Sale
Maft Ucenses by Frank Willman Distribution dba Gala Foods at 16� N. White Bear Avenue.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 5 Nays - 0
30. Resolution - 93-856 - approving an application for a Massage Therapist License by
Jacqueline Zent-Felt at 400 Selby Avenue.
No one appeared in opposition.
� Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
Councilmember Guerin returned at this point in the meeting.
31. (Discussed later in meeting)
32. Public Hearing to consider the request of Ramsey Hill Association to granting of a special
: condition use permit to allow an addition to St. Paul's Church Home at 484 Ashland
��. Avenue. (Public Hearing laid over from March 25th)
`�_ Larry Soderholm and Dan Cornejo, Planning & Economic Development Department
reviewed the staff report and said the staff recommendation for approval.
.:; �Councilrnembers asked questions of staff regarding previous. requests by the Church Home
for expansion.
Rahn Westby, 541 Portland said she was speaking as a representative of the neighbors in
opposition to the expansion and cited their reasons for finding error in the Planning
Commission's actions. She reviewed numerous sections of the Zoning Code regarding this
, proposal and the past history ofi txoken promises by the Chu�ch Home. She also cited the
negative impacts of the past and the proposed expansion in the community.
, During Ms. Westby's presentation, Councilmembers Rettman and Maccabee left and
returned.
Gladys Morton, 1618 �Ison Avenue reviewed the Zoning Committee of the : Planning
Commission's actions.
Council President Wilson asked that Ms. Morton hold her remarks until later in the hearing.
�-Jerry Hogenson, Director of the Saint Paul Church Home said the Special Condition Use
�:� Permit was necessary to move residents from the older part of the facility into new, updated
facilities. He said the older part of the building would be to costly to remodel and bring up
to the State �re code. He refuted testimony by Ms. Westby as past expansion.
Councilmembers Rettman and Wilson asked Mr. Hogenson about the previous variances
that had been granted to the Church Home by the State Health Department and the City
Fire Department and asked why the residents were not moved at that time.
(Discussion continued on following page)
349
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June 17, 1993
(Discussion continued from previous page) �
Fred W. Fisher, a member of the Saint Paul Church Home Board for 30 years spoke in
- support of the SCUP and answered questions from Councilmembers concerning the
previous renovations to the Church Home.
Council President Wiison questioned Mr. Fisher about past expansions.
Joe O'Neil, an Attorney representing the Church Home said the Planning Commission did
not err in their determination and expiained that the previous additions to the Home were
not intended to move patients, but rather add more bed space and room for administrative
offices. He said the old building would be used for office space and not for housing
residents.
Council President Wilson questioned Mr. O'Neill. ,
The Pastor from Macalester Church spoke in support of the SCUP and expansion noting
the history of commitment of the Saint Paul Church Home to the community and the fact
that a large number of the Church Home residents were previous neighborhood residents. `
Councilmembers Guerin and Thune left and Guerin returned later in the testimony of this
item.
The Pastor from Saint Paul United Church of Christ spoke in support of the addition to the
facilities and said it was important for residents of the home to stay in familiar surroundings.
Gladys Morton finished her testimony on the Zoning Committee's review.
Imagine Treichel, Chairperson of the Planning Commission, spoke in support of the addition
and the Planning Commission's decision and answered questions of Councilmembers.
Councilmember Maccabee moved to close the Public Hearing.
Roll Call Yeas - 5 Nays - 0
-: Councilmember Maccabee said the same laws must be applied to for profit and non-profit
organizations and cited the Planning Commission's error in assumptions on the effects on
. the community.
Councilmember Guerin said he is not in support of the appeal and said he would support
< the Planning Commission and staff recommendations to issue the SCUP.
Council President Wilson said the proposal goes beyond what is reasonable for achieving
a balance between the community and the Church Home. He commended the
neighborhood for their work on this issue and cited evidence to confirm the neighbors
assertions about past broken promises related to previous expansions. He cited errors in
the part of the Planning Commission. •
Councilmember Thune said the SCUP and expansion violates community plans.
Councilmember Rettman also spoke in opposition to the Planning Commission's decision.
After further discussion regarding the Planning Commission's error, the history of past
expansion and the review process regarding historic preservation and site plans,
Councilmember Thune moved to uphold the appeal.
Motion of Intent adopted Yeas - 5 Nays - 1(Guerin)
31. Resolution - 93-713 - ordering the repair or removal of the nuisance building at 747 Charles
Avenue. (Laid over from May 27th)
No one appeared in opposition.
Councilmembers Thune and Guerin moved a lay over until July 22nd.
Roll Call Yeas - 6 Nays - 0
350
June 17, 1993
Councilmember Thune moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 8:55 P.M.
C - �
ATTEST: /
/ , ,� , , �,� , / ouncil President, William Wilson
� ''� � -' ��-'� Minutes approved by� Coc�ncil
City Clerk, I�llofly O'Rour e
MO;dmb �
351