Loading...
1974670 ORIGINAL TO CITY CLERK i ' CITY OF ST. PAUL OFFICE OF THE CITY CLERK CO CIL RESOLUTION — GENERAL FORM a>�1 DATE 197"467 COUNCIL NO. FILE WHEREAS, it appears under Zoning Board File No. 4346 that the interests of justice would best be served by the refunding of the filingifee� in the amount of $/}90; be it hereby RESOLVED, that the proper City officers are authorized and directed to pay to Burns and Allen, Attorneys at Law, Minnesota Building, Saint Paul 1, Minnesota, as attorneys for Herbert R. Irwin, the sum of $4490. Council File No. 197467 —By Frank L. Loss — Whereas, It appears under Zoning Board File No. 4346 that the interests of justice would best be served by the refunding of the filing fee in the amount of $490; be it hereby Resolved, That the proper City ol- ficers are authorized and directed to 1 pay to Burns and Allen, Attorneys at Law, Minnesota Building, Saint Paul 1, Minnesota, as attorneys for Herbert R. Irwin, the sum of $490. Adopted by the Council June 8, 1960. Approved June 8, 1960. (June 11, 1960) JUN - $ to COUNCILMEN Adopted by the Council 19 Yeas Nays DeCourcy $ X96® Hollan,,.� Approved *� 19 Peterson In Favor Rosen ^ Mayor �J Against Mr. President, 6M 7 -69 c8 '�/ " 197467 DUPLICATE TO PRINTER CITY OF ST. PAUL FIILE NO. OFFICE OF THE CITY CLERK " COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE V'HF'RFAS, it appears tinder Toning Board File No. 4346 that the interests of justice would best be served by the refunding of the filing'fee :in the amount of f490; be it hereby RI'SOLVED, that the proper City officers are authorized and directed to pay to Burn.c and Allen, Attorneys at Law, T- linnesota Building, Saint Paul 1, Minnesota, as attorneys for Herbert R. IrWi.n, the sun of X490. COUNCILMEN Yeas Nays DeCourcy Holland Peterson Rosen w Mr. President, 'Rillos�r��� 5M 7 -59 QW8 �•v In Favor Against Adopted by the Council 19 JUN W3 Approved 19 Mayor TERRANCE S. O'TOOLE THOMAS J. RYAN DONALD L. LAIS RAYMOND L. FLADER ROBERT E. FARICY JOHN J. McNE1L ASSISTANTS THEODORE J. COLLINS INVKST10ATOR CITY OF SAINT PAUL LEGAL DEPARTMENT LOUIS P. SHEAHAN CORPORATION COUNSEL June 1, 1960 To the Honorable Council of the City of Saint'. Paul n�� s ROBERT E. O'CONNELL SPECIAL ASSISTANT In re: Request of Herbert R. Irwin for refund of the filing fee paid for the petition to re -zone certain properties from residential to commercial. Under Zoning Board File No. 4346, the letter of February 9, 1960, from Burns and Allen in regard to the above - captioned matter was referred to this writer. I made a complete review-of the file and find that the filing fee of $490.00 was paid by the petitioner and that there were a number of events and resulting misunderstandings between the petitioner and the Planning Board, and that while it does not appear that there was anything here other than a breakdown of communication, it does seem that the interests of justice would be best served if this Council were to authorize a refund of the $490.00. If there are any further questions in regard to the details, I believe that the City Architect, Mr. Alfred Schroeder, has more pertinent information which would tubstantiate the above recommendation. Very truly ours, 0 Donald L. Lais Asst. Corporation — - DLL:bl Counsel " February 9, _1960 _ Honorable Joseph E. Dillon, - Mayor of City of St. Pauli-and City Council of -City of St. Paul ` . City Ia11 and -Court House Building .- Saint Paul .2, Minnesota _ Re: File: - Applicant: Her t° R.� Irwin - Dat Nov _ 299 1956 final oses = To rezone from Residaht,141' i to Co'n nerc i &3 - ose: To obtain refund of filing fee Dear Facts His'toEy of Ma r t.• Ina 1y A_ , 1956; Herbert R. Irwin and John P. Rio gen r::aAned the writer to prepare, present and make a earanc the promotion of a petition to rezone fr resident to,commercial a parcel of land ixt this Ci -genet y described as bounded on the north ` by 'Arlington , on the east by Desota Street; on the south by the southerly boundary of J. W.,Lass; Acre - y Lots 39,40 and 41,'and on the west. by Edgemont Street. - Mr. Irwin,' Mr.•Horrigan and the writer, together s with advising surveyors, realtors, etc., devoted -the`- r much greater part of several months preparing such petition _ for filing and presentation. Finally, in early November, ; 1956,.such petition, consisting of fourteen (14) pages- and attached map and'letter exhibits, was filed with the Clerk of ,this•City, and there was paid to the Clerk ,of this City ,a filing fee in the sum of $490.00 (photocopy 'of receipt therefor- attached hereto).. _ x 'Page- 3 in that, while- .twenty -eight owners constituted two- thirds - >: of the owners ', in 196; forty -two owners constitute,, wo-- onstituteo-- r thirds of-,the owners as of now, because of interim = ;F ownership changes. : , _ owners!- Status Changes, Equity Considerations - Owners and petitioners Mr. Irwin,aud Mr. Horrigan -- wero the prime petition promoters'in 195,6 Mr. Horrigan is 'since deceased: Mr. Irwin`�.s not influent 1 with , = - many _of the owners .originally in 1956 ifluen by - Mr, Horrigan•to sign-the, petition. Mr. Irwin i not acquiaintied with: most of the new owners whose acres v ' would be required�in and to a.now supp From February 21; 1957 't . 2l', , 1959, Mr,, Irwin, Mi�-#orrigan until h eat , Mrs. Horrigan = since Mr. Horri.gan's death, a he wr r, believed that the -petition was being s. led he staff.(to be ' sure, without alacrity) , an ventually , the - a taf f. would deport and r- . end - the Zoning Board . - Unt3.1 August 21,. 1959 , . Horrigan-unt l his death.,-Mrs. Horr n since H rigan's death;; and-the writer did--, know tha the staff quietly and _ - efficiently ?.,but err ously -a most. unfairly,- had ` laid out the -p ion an o ce coffin,' held services _ ' and buried , wi otification to the -neXt _ • of kin disposition was a procedural "boo - boo "'. " How ever, an heresoever, the staff -so disposed, ' of - the'pet on, it s. grossly unfair to,deprive� the •petitioners . ermination of their .petition on its merits, whether by allowance or­reffection. The .$490.00 filing fee paid ' to: this City was only a part of the total expenses incurred and paid by >,. v petitioners in -the. prepration and presentation of the, ettion,• Ii- is however, the only reservable and - PW_ . , refundable expense: • 11equest for Refund of $490.00 M _ , It is respectful 1y requested and moved that the . . -$490:.00 filing fee be refunded to the writer for - PA$ @. "distributidn tb the petitioners who supplied it to-th writer for payment .to this-City. Yours truly,' BURNS & ALLEN THOS . • F. BURNS TFB s en = = 4 Enc. • TSB. S - - i + v / t ' • ` •, ty •. i `. ' -• '. y `. `• Y r -may' i `- ,Page 2. " Between such filin g, and ;Fe - bruary 21�,. 1957., -- • _ the writer had numerous telephone and office conferences with members of the Zoning.Board staff. At a February 21 - 1957•Zoning.Board meeting such petition wds- discussed i • and considered lengthily, certain members of the Zoning Hoard indicated feelings adversn -to allowance, and it was determined to -pass the matter until after further study,'report --and recommendation,by the staff, -- v as to whether the petition should-be allowed or rejected -as submitted, or as_'to, whether the p t1oft _ __should be modified to propose rezoning of a.s 1er area (only Mr.= Trwin's. and Mr. Horrigan's prop ty) ' and resubmitted., F From time to -time between Feb ry 21., 19 and. 'August 21, 1959, -a period.of eighi ths,_the � - _writer inquired of the, Zoning as progress of = r _ the matter, sometimes by tele a re t of.someone y: in the- Zoning. Board Office to erm status and advise, and sometimes by_teleph0 or casual •t personal conference-re. r of the Zoning Board to determine- -sta an vis During' such eighteen month period the writ was of advised - of the .status, of. the tier - - _ r On Augus 1, in elephone conference with Mr. Wie the Board Office ' Mr. W eland f -� advised. the .. iter. tha there was a June 9, • 1958 notation- he Zonin 'ard file in- the matter-to the effect at the p ition was "considered withdrawn' because-of D-day iod (Zoning Code, Section 54.06). ? expired, - and er was "dead by inference" . ,, 4 Since August 21,: 1959, the Zoning Board has considered the matter at several meetings, some of _which the writer has attended. Since August 21, 1959 - ' - - -the Zoning. -Board has accepted -the petition for reconsideration, pursuant to advice by the City Attorney-the Zoning Board recommended that the petition be withdrawn and refiled = and resubmitted for reconsideration, the petition'was y so withdrawn and rdfiled and resubmitted- the petition -_ was re- referred by the City Council to the Zoning Board, tha Zoning Board-submitted the petition to the Finance- Department -� for, sufficiencq, and the Finance Department r determined that the,petitiort as of now is insufficient ' 0MOMAL - -T6 PAYOR K� Received of on a '-f. 4 CITY OF SA1PR PAUL OFFICE OF CITY CLERK moor w • • am , . n. 0 E 0 E I P T 67 N° 2030 ADDOMMS a� i