Minutes 04-22-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, April 22, 1993
5:00 P.M. Council Chambers
Third Fioor City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wiison at 5:10 P. M.
�-� Present - 6- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Wilson
Absent - 1- Counciimember Thune (arrived later in meeting)
Councilmember Rettman requested that item # 10 be sent to the Human Services, Health
and Business Regulation Committee and moved approval of the Consent Agenda as
amended.
Adopted Yeas - 6 Nays - 0
City Clerk O'Rourke distributed a letter from Gaye Gilliand and Lila M. Scully regarding
item # 7.
10. Resolution - 93-506 - approving the request by Cedar Towing Inc. dba Cedar Towing to
locate an impound lot outside the city limits of Saint Paul at 1921 E. 24th Street,
Minneapolis, MN.
Councilmember Rettm°an spoke in opposition to having residents of Saint Paul go to
--� Minneapolis to pick up their vehicles and space should be found in Saint Paul.
Bob Kessler, License Division, said the added storage of towed vehicles is necessary '
because of regulatory requirements and adverse action will be needed if additional
storage area is not secured.
- After further discussion among Councilmembers regarding the license requirements, the
potential for the adverse action and the availability of land in Saint Paul.
Councilmember Rettman requested that the item be referred to Human Services, Health
and Business Regulation Committee for further discussion.
Roll Call Yeas - 7 Nays - 0
Referred to Human Services, Health & Business Regulation Committee.
CONSENT AGENDA
FOR ACTION
1. Administrative Orders D-12392 through D-12402 noted as on file in the City Clerk's Office.
2. Appeal of James Somers to a Vehicle Abatement Appeal for property at 547 Beaumont
Street. (C'rty Clerk's Office recommends date of Public Hearing before the Neighborhood
Services Committee for May 5, 1993 and before the City Council on May 13, 1993)
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April 22, 1993
3. Resolution - 93-499 - reappointments of David Goodlow, Jill Danner and Ann Cieslak to the
Parks & Recreation Commission. (To be laid over one week for adoption)
_ Laid over until April 29th for adoption.
4. Resolution - 93-500 - appointment of Nancy Winter to the Property Code Enforcement
Board. (To be laid over one week for adoption)
Laid over until April 29th for adoption.
5. Resolution - 93-501 - appointment of Earle Kyle IV and Thomas Hueg to the Metropolitan
Aircraft Sound Abatement Council (MASAC) as alternates. (To be laid over one week for
adoption)
Laid over until April 29th for adoption.
6. Resolution - 93-502 - affirming the denial of a Summary Abatement Appeal by Steven M.
Evans for property at 746 Capital Heights. (Public Hearing held March 25, 1993)
Adopted Yeas - 6 Nays - 0
7. Resolution - 93-503 - upholding the appeal of the Historic Inrine Park Association to a
Special Condition Use Permit (SCUP) for a Bed & Breakfast at 284 Exchange Street by
Gaye Gilliand and Lila M. Scully. (Public Hearing held March 25, 1993)
Adopted Yeas - 6 Nays - 0
� 8. Resolution - 93-504 - denying the appeal of Arnold Strom to a decision of the Planning
.. Commission to deny the proposed site plan for property at 2120 Elmwood. (Public Hearing
held April 1, 1993)
Adopted Yeas - 6 Nays - 0
9. Resolution - 93-505 - denying the appeal of Arnold Strom to a decision of the Planning
Commission for a request for modifications from the provisions of the River Corridor
Regulations for property at 2120 Elmwood. (Public Hearing held April 1, 1993)
Adopted Yeas - 6 Nays - 0
10. (Discussed previously in the meeting)
11. Resolution Approving Assessment - 93-507 - In the Matter of acquiring temporary
easements for the Goodrich/Smith Area Sewer Separation Project and setting the date of
Public Hearing for May 25, 1993.
Adopted Yeas - 6 Nays - 0
12. Resolution Approving Assessment - 93-508 - In the Matter of acquiring temporary and
permanent easements for the Edgcumbe/St. Dennis Area Sewer Separation Project and
� setting date of Public Hearing for May 25, 1993.
Adopted Yeas - 6 Nays - 0
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April 22, 1993 '
COMMiTTEE REPORTS:
13. Administrative Order D-12356 - estabiishing an Administrative Procedure for adverse license
� actions. (Human Senrices, Heaith and Business Regufation Committee reviewed)
°� Counciimember Maccabee said the Committee had wanted to approve as amended, but
that the Council does not have the authority to modify Administrative Orders. She
summarized the issue and said the Committee would work with the City Attorney's Office
to draft the appropriate ordinance.
Councilmember Long moved suspension for a resolution regarding supporting extension
of on-sale liquor hours in Saint Paul in the same manner as is allowed for Minneapolis anct�
Bloomington.
Councilmembers decided to hold the discussion on this item until later in the meeting.
PUBLIC HEARINGS:
14. Third Reading - 93-421 - An ordinance amending Chapter 11 of the Legislative Code
prohibiting dogs and other animals on the City Market grounds. (For Action) �
No one appeared in opposition.
Laid over until April 29th for Final Adoption.
15. Resolution - 93-381 - approving an application for an On Sale 3.2 Malt, Laundry/DC Plarat,
Restaurant-C and Two Mechanical Amusement Devise Licenses by Three Lakes
-� Development Umited Partnership II dba Duds N' Suds at 608 W. University Avenue. (Public
=- Hearing laid over from April 1, 1993)
Chris VanHorn, Ucense Division requested a one and a half week lay over.
Roll Call Yeas - 7 Nays - 0
Laid over until May 4th.
16. Resolution - 93-509 - directing the owner to remove or repair the property at 675 Blair
Avenue. (Neighborhood Services Committee recommends striking)
No one appeared in opposition.
Councilmember Guerin moved approval of the Committee recommendation to strike .
Roll Call Yea - 7 Nays - 0
STRIKE
17. Resolution - 93-510 - directing the owner to remove or repair the properly at 345 E. Curtice ,
Street. (Neighborhood Services Committee recommends approval)
Jay Stoeker, representative of one of the lean holders on the property said they were
negotiating to find a buyer for the property and he requested a one month lay over to allow
time for this to happen.
(Discussion continued on following page)
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April 22, 1993
(Discussion continued from previous page)
Councilmember Thune spoke in opposition to delays of the demolition unless Mr. Stocker
could produce a purchaser during the timeline outlines in the resolution.
Councilmembers agreed that the process should continue and if a buyer was found during
that period, the Council would consider another resolution to delay the demolition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
18. Resolution - 93-511 - directing the owner to remove or repair the property at 698 Kansas
� Avenue. (Neighborhood Services Committee recommends approval as amended)
No one appeared in opposition.
Councilmember Guerin said the Committee recommended that the rehabilitation or
demolition to be done by July 29, 1993 and moved approval as amended.
Adopted Yeas - 7 Nays - 0
19. Resolution - 93-512 - directing the owner to remove or repair the property at 675 Stryker
Avenue. (Neighborhood Services recommends approval as amended)
No one appeared in opposition.
Councilmember Guerin said the Committee recommended the rehabilitation or demolition
be done within 60 days and moved approval as amended.
Adopted Yeas - 7 Nays - 0
20. Public Hearing to consider an appeal by Mid-America Entertainment of a decision by the
. Board of Zoning Appeals to deny two requested setback variances to permit the
development of a Blockbuster Video Store on the corner of Grand Avenue and Lexington
Parkway.
No one appeared in opposition.
Councilmember Thune referred the item to the Housing & Economic Development
' Committee for review and recommended the Public Hearing be continued to a date
following the Committee meeting.
Jerry Segal, Assistant City Attorney, said the Council should set a specific date for the
Public Hearing to be continued.
After some discussion, Councilmember Thune moved to continue the Public Hearing to May
13th and refer the item to the Housing & Economic Development Committee.
Roll Call Yeas - 7 Nays - 0
Referred to the Housing & Economic Development Committee and continued the Public
Hearing to May 13th.
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April 22, 1993
ADDITIONAL ITEMS:
PUBLIC HEARINGS:
1. Resolution - 93-514 - request for mod�cation of parking requirements for Sena Cafe at 684
�= N. Snelling Avenue.
No one appeared in opposition.
Councilmember Maccabee moved approval.
-- Adopted Yeas - 7 Nays - 0
Councilmembers Guerin and Maccabee left and returned during discussion of the following `
item.
Resolution - 93-517 - approving an application for Firearms License by St. Paul Firearms
Company at 634 N. Snelling Avenue.
Bob Kessler, License Division reviewed the application and said the License Division
recommended approval as the code requirements were met.
The City Attorney reviewed the process for approving an adverse action on this license.
Greg Perkins, Applicant of the Firearms Ucense read a statement outlying his business
operation and hours of business.
Councilmember Maccabee asked questions of Mr. Perkins concerning the type of things
to be sold, his reactions to, and his involvement with the distribution of flyers advocating
racist attitudes.
Mr. Perkins answered questions and raised concerns regarding Ms. Maccabee's intentions
and past actions.
Jodi Bantley, 1443 Hewitt Avenue was opposed to locating the Gun Shop at this address
�- due to the proximity school, playground, day care center and residential homes.
Andy Morris an independent insurance agent from Minneapolis summarized his research
that concluded that gun shops are high risk establishments that have limited ability to
secure insurance coverage. `
Andre Gambino, 138 Moore Avenue relayed his experience working at a convenience store
when a robbery occurred with weapons, spoke in opposition to locating a gun shop so
close to residential properties.
James Carmouche,1631 Hubbard said his is a gun owner, but opposed to locating the gun
shop in a residential area.
Nan Ferguson spoke in opposition to granting the license as children will be endangered..
Ellen Anderson, State Senator said the quality of life in Saint Paul's residential areas needs
to be preserved and urged Councilmembers to consider denying the license for the gun
shop. Ms. Anderson said she would be willing to work with Mr. Perkins to find a location
for his business in a less residential area of the City.
Linell Nelson spoke in opposition to locating the gun shop in her neighborhood and her
daughter Sarah said she did not want the business that close to her playground.
(Discussion continued on following page)
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April 22, 1993
(Discussion continued from previous page)
� Debra Clemmenson, a child physiologist who lives 3525 Irving Avenue S., Minneapolis said
this is a quality of life issue and that a child's sense of security and safety is critical to their
well balanced development. She said perception is as important as reality in a child's
development and urged the Council to deny the license.
William Rolf, a realtor selling homes in the area said that property values of homes near the
gun shop business would probably decline due to the perception of danger and violence.
He answered questions of Councilmembers regarding the impact on property values.
Joanne Opoti, a resident of the Hamline Park Townhouses and a nurse at Central High
School spoke against locating the shop on Snelling Avenue. She read quotes from petitions
that students at the high school signed, stating their concerns with having a gun shop near
their School.
Andrew Njaa, 1636 Blair, a parent and teacher spoke against issuing the license.
Viola Carlson, 785 N. Fry said seniors are threaten by guns and increasing violence and
spoke against the license.
Stephen Pearson, 1665 Van Buren spoke in opposition due to the proximity to the school.
A women who said she lives at 1513 Van Buren Street said she would consider moving to
the suburbs if this license is allowed.
Kathleen Winkers, 1483 Breda spoke in support of preserving the multi-cultural community
and against the gun shop.
� Dan Loritz, a staff member from Hamline University spoke against the gun shop.
After questions from Councilmembers directed at the City Attorney's Office supporters of
the gun shop license spoke.
Joette Hamann summarized residents testimony and spoke in opposition to the granting
of the license.
Dick Rohland, a life long friend of the applicant, said Mr. Perkins was a responsible gun
owner and handler and spoke in support of the license.
Steve O'Hara, 641 Simpson Avenue spoke in support of the gun shop and noted other
threats to the neighborhood. He urged residents, who spoke against the license, to work
to change the laws if they are not happy with having a gun shop located near their homes.
Donald Delamater, 712 Edmund spoke in support of issuing the license as it met all the
conditions of the license.
Pat Lally spoke in support of the gun shop, noting there is a difference between reality and
perception.
Douglas Phillips, an area resident said he knows Mr. Perkins to be a reliable and honest
person and spoke in support of the license.
Craig Rushmeyer, a real estate developer spoke in support of the licensing and said
Snelling Avenue is zoned for the type of business and that he would prefer that guns are
�, sold by knowledgeable people like Mr. Perkins than untrained clerks at large department
, stores.
Steve Hoelzer, spoke in support of the license as Mr. Perkins is a knowledgeable gun
handler who can train and advise customers.
(Discussion continued on following page)
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Aprii 22, 1993
(Discussion continued from previous page)
�� Mary Johnson, an area resident and owner of the building where the proposed gun shop
would be located said Mr. Perkins' renovations have improved the building and she does
� not believe property values will decline. She refused to cancel the lease agreement. ,
Greg Perkins apologized to the Council for some of his earlier comments and summarized
his business plans and responded to Councilmembers questions.
After a lengthy discussion among Councitmembers and the City Attorney regarding
applicable sections of the code, Councilmember Maccabee requested that it be sent to an
Administrative Law Judge because of the potential hazard to the neighborhood environment
and safety.
Councilmember Guerin spoke in opposition to starting adverse action and suggested the
Council could save money by buying Mr. Perkins out and changing the zoning code to
prevent similar situations and he urged Councilmembers to vote today.
Councilmember Rettman asked if Mr. Perkins had a license to sell guns and was answered
in the affirmative.
Councilmember Maccabee moved to send the matter to an Administrative Law Judge.
Roll Call Yeas - 6 Nays - 1(Guerin}
Referred to an Administrative Law Judge.
Resolution - 93-538 - supporting extension of on-sale liquor hours in Saint Paul in the same
manner as is allowed for Minneapolis and Bloomington.
(This resolution was introduced earlier in the meeting under suspension and held until the
end of the meeting)
Councilmember Long reviewed the purpose of the resolution and moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Maccabee moved to suspend the rules to recall the following resolution
from the Intergovernmental Relations Committee.
Adopted Yeas - 7 Nays - 0
Resolution - 93-475 - supporting pollution loan fund legislation: Saint Paul priority sites
(Arlington�Jackson Site St Paul 35E Corridor, Saint Paul River Corridor, Texaco Site and in
the event of relocation, the Burlington Northern Hub Site)
Councilmember Maccabee explained the amendment to include Arlington-Jackson Site and
moved approval as amended.
Adopted Yeas - 7 Nays - 0
Councilmember Guerin moved to suspend the rules to recall the following resolution from
the Finance Committee.
Adopted Yeas - 7 Nays - 0
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April 22, 1993
Resolution - 93-473 - authorizing Dain Bosworth Inc.to assist the City in evaluating financing
alternative basis and to serve as the underwriting syndicate for any water revenue and water
poliution financing necessary to implement the City's plans and programs during 1993.
Councilmember Guerin said a Public Hearing date was set for Tuesday, April 27th and
moved to lay over the resolution to that date.
Roll Call Yeas - 7 Nays - 0
Laid over until April 27th for Public Hearing.
Councilmember Guerin moved to adjourn the meeting.
Adopted Yeas - 7 Nays - 0
ADJOURNED AT 8:00 P.M.
_ ,
ATTEST: i
, � � ,� Council President, William Wilson
_„111I --� � �
/ ��
- Minutes approved by Council
City C erk, Molly O' ourke �j O 9.3
�� MO:dmb
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