Minutes 01-05-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, January 5, 1993
� 9:00 A.M. Council Chambers
' Third Fioor City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wilson at 9:00 A.M.
Present - 5- Councilmembers Guerin, Long, Maccabee, Rettman, Wilson
Absent - 2- Councilmember Grimm (ill), Councilmember Thune (arrived later in the
meeting)
Councilmember Long moved suspension to hold a press conference regarding the Civic
Center bid to secure the North Stars Hockey Team as an anchor at the Civic Center.
Adopted Yeas - 5 Nays - 2
David Rosenwasser, Executive Director of the Civic Center summarized the efforts of the
Civic Center to secure the North Stars Hockey Team games at the St. Paul Civic Center.
Mayor Scheibel highlighted the joint efforts by the Civic Center, City Council, City
Administration and downtown business community to secure the North Stars Hockey
Team at the St. Paul Civic Center. He outlined the petition driv�, the effort to hold a St.
Paul night on January 28th and encouraged St. Paulites to get involved in this effort to
bring the North Stars to the St. Paul Civic Center.
Joe O'Neil, Chairman of the St. Paul Civic Center Authority outlined the Civic Center's bid
to the North Stars and encouraged citizens and business leaders to support effort's to
secure the North Stars Team at the Civic Center.
� Councilmember Wilson commended the Civic Center Authority and others for their efforts
to locate the North Stars' games in Saint Paul and encouraged citizens to support this
drive.
Councilmember Thune arrived at this point in the meeting.
Chairman O'Neil and Mayor Scheibel then answered questions of representatives of the
media regarding the economic development impact; the bid package Saint Paul was
offering, the impacts of proposed improvements to the Civic Center seating and the
potential of selling such a large number of season tickets in the St. Paul area.
Councilmembers Long and Thune left the meeting and returned later.
CONSENT AGENDA
FOR ACTION
1. Claims of Don Hawj for Bill Hawj; Emil Lemke; Todd Spangler and Anthony Zirnhelt.
Referred to City Attorney's Office
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January 5, 1993
2. Summons and complaint in the matter of Patricia Davern vs. the City of St. Paul, et al.
Referred to City Attorney's Office
3. Summons and complaint in the matter of Rayford F. Hickman vs. the City of St. Paul, et al.
Referred to City Attorney's Office
4. Administrative Orders D-12255 to D-12258 on file in City Clerk's Office.
5. Letter of the Department of Planning, Zoning Division, requesting a public hearing on
Thursday, January 21, 1993 to consider an appeal by District 2 Community Council to a
decision of the Planning Commission regarding a sign at 1279 Etna Street.
6. Resolution - 92-1916 - approving the renewal of the Off Sale Liquor license currently held
by A.S. Liquor, Inc., dba Continental Liquors at 2131 Hudson Road. (Laid over from
December 29th)
Adopted Yeas - 4 Nays - 0
7. Resolution - 92-1917 - approving application for various on Sale Wine and supporting
licenses for Carbone's Pizza; The Italian Oven, Inc. and White Lily Restaurant. (Laid over
from December 29th.)
Adopted Yeas - 4 Nays - 0
8. Resolution - 92-1918 - approving application for renewal of various Class III Licenses for
Imperial Parking, Inc.; Commercial State Bank; Glasgow Automotive Service; Fort Road
Medical Lot; Bonded Transmission Specialists; Mike's Towing; LBC Parking Ramp; R& T
Magic Auto Repair; Pro Stop Fuel, Inc.; Steve's Auto Service; Imperial Parking; Midwest
Radiator, Inc. and Mangini's Phalen Park Halls. (Laid over from December 29th)
Adopted Yeas - 4 Nays - 0
9. Resolution - 92-1937 - approve the release of utility easements in vacated Virginia Street
from Como Avenue to a point 120 feet northeast.
Adopted Yeas - 4 Nays - 0
10. Resolution - 92-1938 - amending an incorrect property description in Aurora Addition,
located at the Northwest corner of Ruth and Hazel Streets.
Adopted Yeas - 4 Nays - 0
11. Resolution - 92-1939 - approving an agreement with the State of Minnesota, Department of
Labor and Industry for the inter-governmental transfer of Sergeant Warren Bostrom.
Adopted Yeas - 4 Nays - 0
12. Resolution - 92-1940 - approving a resolution setting energy-efficiency standards for new
construction and retrofit work in City-owned facilities and directing City staff to maintain,
repair and replace City-owned equipment.
Adopted Yeas - 4 Nays - 0
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January 5, 1993
13. Resolution - 92-1941 - approving policies related to environmentally responsible
procurement.
Adopted Yeas - 4 Nays - 0
COMMITTEE REFERRALS:
14. Resolution - 92-1942 - approving the 1993 Housing and Redevelopment Authority properry
tax levy and Housing and Redevelopment Authority 1993 budget. (Housing and Economic
Development Cte.)
Referred to Housing & Economic Development Cte.
ORDINANCES
15. Second Reading - 91-1055 - an ordinance amending Chapter 28 of the Saint Paul
Legislative Code pertaining to campaign funding limits or contributions to City Elections.
(Human Services, Health and Business Regulations Cte. recommends approval of substitute
ordinance; substitute approved and laid over from December 29th)
Councilmember Rettman expressed concern that members of the Public Financing Task
Force had not been involved in the committee discussion. Councilmember Maccabee
explained the committee hearing process and noted that the Task Force had not yet
finalized their report during the committee's discussions and it was anticipated that
representatives of the task force would participate in the Public Hearing before the full
Council. Council President Wilson said he had met with the chair of the Public Financing
Task Force regarding their report and the amendments being discussed by the Council.
Extensive discussion ensued among the Council as to whether the items should be returned
to committee; laid over to a date certain and how to involve the County in the deliberation
of these amendments. Following the discussion, Councilmember Long moved layover to
January 7th to provide Council President Wilson time to contact Ramsey County officials
regarding their process and time line for reviewing this ordinance.
Laid over to January 7, 1993 for third reading and public hearing.
16. Second Reading - 92-1929 - an ordinance amending the presumptive penalties provided for
intoxicating and non-intoxicating liquor licenses in Section 209.26 of the Saint Paul
Legislative Code. (Referred to Human Services, Health & Business Regulations Cte., with
readings to continue.)
Laid over to January 7, 1993 for third reading and public hearing.
Councilmember Thune returned to the meeting at this point.
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January 5, 1993
17. Second Reading - 92-1930 - an ordinance amending Chapter 324.08 of the Saint Paul
Legislative Code restricting the free distribution of cigarettes on public sidewalks and other
public spaces. (Human Services, Health and Business Regulations Cte. recommends
approval)
Laid over to January 7, 1993 for third reading and public hearing.
18. Second Reading - 92-1931 - an ordinance amending Chapter 321 of the Saint Paul
Legislative Code relating to rooming and boardinghouses. (Human Services, Health and
Business Regulations Cte. recommends approval.)
Laid over to January 7, 1993 for third reading and public hearing.
COMMITTEE REPORTS
19. First Reading - 92-1943 - an ordinance establishing a procedure to allow the Risk
Management Division to establish the amounts required for bonds and insurance for license
and permit applications. (Human Services, Health and Business Regulations Cte.
recommends approval)
Councilmember Rettman noted that she would be seeking a minor amendment ready at the
third reading which would clarify the Councils responsibility to set limits.
Laid over to January 12, 1993 for second reading.
20. Resolution - 92-1797 - approving implementation of activities as part of the 3rd Cycle Urban
Revitalization Action Program regarding Dayton's Bluff Neighborhood Housing Services, Inc.
(Housing & Economic Development Cte. recommends approval)
Councilmember Guerin moved approval. �
Adopted Yeas - 6 Nays - 0
Councilmember Rettman moved to recall from the Housing & Economic Development Cte.
C.F. 92-1921 which had been referred to Committee at the December 29th Council meeting.
She explained that her questions had been answered and that there is no need to hear this
in committee.
Approved Yeas - 6 Nays - 0
Resolution - 92-1921 - approving a parking agreement for the development of an off-street
parking lot at 687 E. Third St.
Councilmember Rettman moved approval of 92-1921 with an amendment to require that the
parking agreement return to the Council prior to final site approval.
Adopted Yeas - 6 Nays - 0
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January 5, 1993
21. A petition requesting that Public Access to the Town Square Skyway be maintained through
Carson Pirie Scott for hours comparable to the other parts of the Skyway System. (Housing
& Economic Development Cte. recommends that the Director of PED send a letter from the
City to owners of Citywalk Condominiums reaffirming the existing agreement.)
Councilmember Thune summarized the situation and moved approval of the Committee's
recommendation.
Adopted Yeas - 6 Nays - 0
PUBLIC HEARINGS
22. Third Reading - 92-1665 - an ordinance granting permission to Gregory J. Schaefer and
Teresa E. Erickson, property owners at 1822 Highland Parkway and/or their successors
in interest, to construct and maintain a wall which extends five and one-half feet into the
Fairview Avenue right-of-way for a length of 50 feet. (Public Works Cte. recommends
approval)
No one appeared in opposition.
Laid over to January 12, 1993 for fourth reading and final adoption
23. Third Reading - 92-1495 - an ordinance amending Chapter 231 of the Saint Paul Legislative
Code regarding public nuisances, to conform to State Statute and to set forth the procedure
to be following when charging any person with violating this section. (Neighborhood
Services Cte. recommends approval as amended - laid over from December 22nd.)
Councilmember Rettman explained that three versions had been distributed at a prior
Council meeting on this issue and expressed concerns regarding the process on this issue.
She noted that neighborhood residents and members of the 3PR Committee have worked
extensively on this issue and that the number of revisions proposed at the Council meeting
have not allowed for adequate community review or input.
Councilmember Maccabee spoke in favor of the need to amend the ordinance and lay it
over to allow for additional community review.
Councilmember Guerin noted that the current law only worked in one ward and that the
amended version proposed by the Committee was needed to allow city-wide enforcement.
Natalie Hudson, City Attorney, summarized the City Attorney's office involvement in drafting
the various ordinance amendments and encouraged the Council to clearly identify the
changes they would like in any subsequent drafts.
Gaius Nelson, President of the District 14 Community Council spoke in support of the
current law and opposed any changes because the current ordinance holds landlords
accountable for their property. He believes that the amendments proposed by Committee
would reduce that accountability.
Jim Seal, member of the 3PR Committee, spoke in support of the changes recommended
by the Committee. He expressed concern about the Council's process for reviewing this
issue and the number of different amendments being discussed.
Andrea Albrecht, staff from the College of St. Thomas, spoke in support of the current
ordinance and said that her concerns were not addressed by the 3PR Committee.
(Discussion continued on following page)
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January 5, 1993
(Discussion continued from previous page)
George Warner, representative of the Multi-Family Housing Association, spoke in support
of an ordinance that would not put undue burdens on landlords.
Following the public testimony, extensive discussion occurred among Councilmembers
regarding the impacts of the various alternatives and the current problems with
enforcement.
Council President Wilson offered to convene a meeting of the affected parties.
Councilmember Rettman moved to lay the ordinance over to Thursday, January 7th to
provide another opportunity for Councilmembers to meet and discuss areas of
disagreements.
Adopted Yeas - 6 Nays - 0
Public Hearing continued until January 7, 1993.
24. Third Reading - 92-1496 - an ordinance amending Chapter 34 of the Saint Paul Legislative
Code. (Neighborhood Services Cte. recommends approval as amended and laid over from
December 22nd)
Councilmember Rettman summarized the history of the process for developing the
amendments.
Councilmember Maccabee expressed support for including public safety provisions in the
amendments.
Gaius Nelson, President of District 14 Community Council, raised concerns about proposed
amendments being in conflict with the State building codes such as stair railings, light
candles, etc.
Councilmembers questioned Mr. Nelson and Pat Fish, representative of the Fire
Department, on issues raised by Mr. Nelson.
Andrea Albrecht, staff from the College of St. Thomas, spoke in support of amending the
ordinance to regulate motion detectors that are set off by movement from public property
or adjacent property.
Councilmember Guerin left the meeting at this point.
Discussion ensued among Councilmembers regarding motion detectors, a technical
amendment requested by City staff regarding laundry rooms or conformance with State
building code standards.
Councilmember Guerin returned to the meeting at this point.
Councilmember Long said he would work on amendments regarding motion detectors,
including energy efficiency standards.
Councilmember Rettman moved approval of a technical amendment regarding laundry
rooms.
Adopted Yeas - 6 Nays - 0
Councilmembers Rettman and Thune moved to close the public hearing.
Adopted Yeas - 6 Nays - 0
Laid over to January 12, 1993 for fourth reading and final adoption.
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January 5, 1993
25. Resolution - 92-1944 - approving the application for an Off Sale Liquor license for Hans
Corporation, dba North End Liquors at 925-951 Rice Street.
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
26. Public Hearing to consider the request of Lily of the Valley Restaurant for modification of
parking requirements for 890 E. Seventh Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
27. Resolution - 92-1945 - approving the application for an On Sale Wine and On Sale Malt
license for Lily of the Valley Inc., dba Lily of the Valley at 890 E. 7th Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
28. Public Hearing on an alleged public nuisance for property at 936 Armstrong Avenue.
Councilmember Thune asked if the owner or tenant of the property was present. They were
not. Councilmember Thune summarized the allegations brought forth by the neighborhood.
Robert Lee, 934 Armstrong, spoke in support of designating the property at 936 Armstrong
as a public nuisance and presented both oral and written testimony regarding this properry.
Councilmembers Rettman and Maccabee left and returned during Mr. Lee's testimony.
Councilmember Guerin left the meeting at this point.
A woman in the audience raise concerns about assaults against her children.
Larry McDonald, Captain of the Southwest Team, summarized the number and type of
police responses to the property and urged the Council to declare the property a public
nuisance.
John Betz, staff from the Public Health Office, summarized the history of Code Violations
at this property.
Councilmember Thune thanked the neighborhood for their efforts to bring this to the
attention of the Council and urged Council support for submitting this property to the City
Attorney for investigation or action under Chapter 91 of the Administrative Code.
Councilmember Guerin returned at this point in the meeting.
After a brief discussion among Councilmembers regarding the involvement of the Public
Housing Authority and Ramsey County Social Services, Councilmember Thune moved to
close the public hearing and refer the matter to the City Attorney's Office.
Referred to City Attorney's Office.
Adopted Yeas - 6 Nays - 0
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January 5, 1993
29. Public Hearing to consider the appeal of People, Incorporated to a decision of the Heritage
Preservation Commission to deny a building permit for installing metal siding at 565 Dayton
Avenue.
Councilmember Long left the meeting at this point.
Beth Bartz, staff to the Heritage Preservation Commission (HPC), reviewed the staff report
and the recommendation of the Heritage Preservation Commission.
Councilmember Thune left the meeting at this point.
Councilmember Long returned to the meeting at this point.
Glenn Anderson, Executive Director of People Incorporated, explained that the organization
was a non-profit entity which could not afford extensive maintenance costs. He said the
organizations' appeal was based on the financial hardship caused because painting is
expensive and needs to be done on an ongoing basis. He reviewed the cost savings of
siding the building vs continued painting and said the Council needs to weigh the value of
history versus social services.
Councilmember Thune returned during this gentleman's testimony.
Judy McLaughlin, President of the Ramsey Hill Assoc., asked the Council to uphold the
decision of the Heritage Preservation Commission and highlighted the economic
development benefits in the neighborhood due to the preservation guidelines. She noted
that the removal of the wood siding and installation of aluminum siding would destroy the
architectural significance of the property.
Tracy Baker, representative of the Heritage Preservation Commission, spoke in support of
upholding the Commission's decision and noted the pivotal importance of this building in
the Heritage Preservation designation of the Hill District.
Councilmember Thune moved to close the public hearing.
Adopted Yeas - 6 Nays - 0
Councilmember Wilson said this was in his ward and spoke of the significance of this
� structure to the Heritage Preservation District and the positive impact historic guidelines had
on the community and recommended upholding the HPC decision.
After further discussion among Council, Councilmember Thune moved approval to uphold
the Heritage Preservation Commission's decision.
Adopted Yeas - 6 Nays - 0
30. Public Hearing to consider the appeal of Dayton's Bluff Neighborhood Housing Services,
Inc. and the Housing and Redevelopment Authority to a decision of the Heritage
Preservation Commission to deny a building permit to demolish 291-199 Maria Avenue.
Beth Bartz, staff to the Heritage Preservation Commission (HPC), reviewed the history of
the property, the staff report and the HPC decision.
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January 5, 1993
Council President Wilson left during the discussion of this item and did not return.
Councilmembers questioned the significance of this building to the Heritage Preservation
Designation and the potential for redeveloping the property.
Councilmember Guerin spoke in support of demolishing the building and outlined the
problems of rehabilitating the property and the differing positions of the Community council
and the Neighborhood Housing Services.
City Attorney, Natalie Hudson, asked for additional time for the City Attorney's Office to
respond to Councilmember's questions on zoning and redevelopment issues.
After further discussion among Councilmembers, Councilmembers Thune and Maccabee
moved to send the item to the Housing and Economic Development Cte.
Adopted Yeas - 5 Nays - 0
Referred to Housing & Economic Development Cte.
31. Public Hearing to consider a rezoning request by Milton Brink for property at 1543 Payne
Avenue from B-2 to RM-2.
No one appeared in opposition.
Councilmember Thune moved approval.
Approved Yeas - 5 Nays - 0
MISCELLANEOUS
32. Resolution - 92-1946 - approving the list of eligible organizations for the 1993 Charitable
Gambling 10% Club.
Councilmember Thune noted that Council President Wilson had to leave and asked that this
item be laid over for discussion at Thursday's meeting and moved lay over to January 7th.
Adopted Yeas - 5 Nays - 0
Laid over to January 7, 1993.
Councilmember Guerin moved suspension for the following resolution regarding a Recycling
Collection Center.
Adopted Yeas - 5 Nays - 0
Resolution 93-1 - approving application for a Recycling Collection Center license applied for
by the State of Minnesota dba Minnesota State Recycling Center at 606 Olive Street.
Councilmember Guerin briefly explained the license application and noted that the License
Department supported approval. Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0
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January 5, 1993 .
Councilmember Long moved to adjourn the meeting.
ADJOURNED AT 12:37 A.M.
a •
ATTEST:
ouncil President, Bill Wilson
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Minutes approved by Counc�l
City Clerk, M ly O'Ro rke � 9 ��y3
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