90-1236 (3) er c/a
NOTICE OF PUBLIC HEARING
Notice is hereby given that the petition of Gaius Nelson,et al,for the vacation of the
alley in Block 13,Macalester Park,as more particularly shown on the plat attached to
the petition,has been ordered filed in the Office of the City Clerk of the City of St.Paul,
Minnesota.by the Council,and said petition will be heard and considered by the Council
at a meeting thereof to be held in the Council Chambers in the City Hall and Court House
on the_2.911a..day_ f May. 1990 at 9:00 A.M.
Dated April 25, 1990.
ALBERT B.OLSON,City Clerk
(April 28, 1990)
90,/,/,gb
CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
RECKivrn
APR 161990
;f[1 CLEL-o%
To : All Council Members of the
City of Saint Paul
From: Peter White ( l_4- �
Acting Real Estate Division Manager
Date : April 16 , 1990
Subject : Petition of Ga; els.on , et al , for the vacation
of the alley in Block 13 , Macalester Park.
Finance File No. 20-1989
I recommend a public hearing before the City Council be held on
May 29 , 1990 .
The subject petition is in proper form and has been signed by
the requisite number of property owners .
This property is located in City Council District 3 , Planning
District 14 .
PW: RM: dl
shrgdate
el---74/„230
CELESTE KOEBERL TESTIMONY AT JULY 17 CITY COUNCIL HEARING
223 AMHERST STREET RE: VACATING ALLEY IN BLOCK 13, MAC. PARK
THIS MORNING I WILL MAKE FOUR MAIN POINTS AND BRIEFLY ELABORATE ON THEM. THE
FOUR MAIN POINTS I WANT TO MAKE ARE: FIRST . . . ; SECOND . . . ; THIRD . . . ;
AND FOURTH . . . .
I. THIS PETITION TO VACATE THE NORTH-SOUTH PLATTED ALLEY IN BLOCK 13 OF
MACALESTER PARK HAS BEEN BROUGHT BECAUSE ONE NEIGHBOR IN MY BLOCK T OK IT UPON
HIMSELF TO BUILD A ROAD IN THE PLATTED ALLEY. Nor Atka A- GAM 6E.
RETURNING TO MY FIRST TOPIC, THERE ARE A NUMBER OF IMPORTANT FACTS RELEVANT
TO WHY THIS PETITION TO VACATE HAS BEEN BROUGHT. THESE FACTS ARE THAT:
IN THE MIDDLE OF THE BLOCK WHERE I LIVE, THERE NOW IS A SUBSTANDARD ROADWAY
THAT WAS BUILT IN THE FALL OF 1987 BY MY NEIGHBOR AT 210 WHEELER.
THIS ROADWAY WAS BUILT WITHOUT PRIOR AUTHORIZATION OR PERMITS FROM THE,)
CITY. J
IT WAS BUILT IN PART OF AN AREA THAT WAS PLATTED FOR AN ALLEY WHEN THE
STREET AND LOT PLANS FOR MY BLOCK WERE MADE IN THE 1880'S; BUT THERE WAS NOT AN
ACTUAL ROADWAY WHERE ONE WAS PROPOSED TO BE UNTIL MY NEIGHBOR TOOK IT UPON
HIMSELF TO OPEN THE PLATTED ALLEY AND CONSTRUCT A ROAD.
THE CITY CHARTER AND LEGISLATIVE CODE, AS WELL AS NUMEROUS COURT CASES,
cAr MAKE IT CLEAR THAT IT WASN'T, AND ISN'T, MY NEIGHBOR'S RIGHT TO UNILATERALLY
DECIDE TO CREATE AN ALLEY; AND THERE HAS BEEN NO DISAGREEMENT OVER THE FACT THAT
MY NEIGHBOR DID NOT HAVE PRIOR AUTHORIZATION OR PERMITS TO BUILD AN ALLEY.
SO THE ANSWER TO THE QUESTION OF WHY THIS PETITION TO VACATE WAS BROUGHT IS
THAT THOSE OF US ASKING FOR VACATION HAVE DONE SO BECAUSE THE CITY SO FAR HAS
REFUSED TO TAKE ANY ACTIONS TO CORRECT THE PROBLEMS THAT HAVE RESULTED FROM MY
NEIGHBORS ILLEGAL ROADBUILDING.
II. THE REQUIRED PROCESS FOR DECIDING WHETHER TO ACTUALLY CONSTRUCT AN ALLEY
WAS NEVER USED BEFORE MY NEIGHBOR BUILT HIS ROAD; AND THE PROBLEMS THAT THE
MAJORITY OF MY NEIGHBORS AND I ARE EXPERIENCING HAVE COME ABOUT BECAUSE THE
REQUIRED PROCESS FOR DETERMINING WHETHER AND HOW TO IMPROVE THE PLATTED ALLEY
WAS CIRCUMVENTED:
THIS BRINGS ME TO MY SECOND MAIN TOPIC.
IN ALL THE TIME THAT HAS PASSED SINCE MY BLOCK WAS PLATTED IN THE 1880'S,
NEVER HAS THE CITY USED ITS RIGHT TO CONSTRUCT AN ALLEY AND NEVER HAS THE CITY
AUTHORIZED ANYONE ELSE TO CONSTRUCT AN ALLEY WHERE MY NEIGHBOR BUILT ONE.
BECAUSE THE PROCESS FOR DECIDING WHETHER AND HOW TO BUILD AN ALLEY WAS
TOTALLY CIRCUMVENTED, I AND MY NEIGHBORS HAVE BEEN HARMED.
WE HAVE BEEN DENIED DUE AND FAIR PROCESS. WE HAD NO NOTICE THAT THE LAND
USE MIGHT CHANGE; WE HAD NO OPPORTUNITY TO OBJECT TO A ROAD BEFORE IT WAS BUILT;
AND OUR INTERESTS IN HOW THE LAND WAS USED WERE NEVER TAKEN INTO ACCOUNT BEFORE
THE LAND USE WAS CHANGED.
1
WHAT THE DENIAL OF DUE PROCESS MEANS IN REAL LIFE TERMS IS THAT I, FOR
EXAMPLE, FIRST BECAME AWARE THAT THE USE OF THE PLATTED ALLEY WAS BEING CHANGED
WHEN I HEARD A LOT OF NOISE AND LOOKED OUT THE WINDOW OVER MY KITCHEN SINK TO
SEE A BOBCAT DRIVE THROUGH THE AREA BEHIND MY LOT WHERE I HAD BEEN WORKING FOR
TWO SUMMERS TO ESTABLISH A WILDFLOWER GARDEN. WHEN I WENT OUT TO TALK TO THE
BOBCAT OPERATOR HE HAD ALREADY DESTROYED MY GARDEN.
NOW I HAD PUT IN THAT GARDEN AFTER I WAS ASSURED BY CITY EMPLOYEES THAT I
COULD PLANT THE PLATTED ALLEY AND USE IT, AS LONG AS I DIDN'T PUT IN ANY
PERMANENT STRUCTURES. AND I WAS ASSURED THAT I HAD THESE RIGHTS UNTIL SUCH TIME
AS THE CITY DECIDED TO BUILD AN ACTUAL ALLEY.
BECAUSE THE APPRORIATE PROCESS FOR MAKING LAND USE DECISIONS WAS SKIPPED,
THE INTERESTS OF ALL OF THE HOMEOWNERS WHO WERE AFFECTED BY THE CHANGE IN LAND
USE WERE NEVER TAKEN INTO ACCOUNT BEFORE THE LAND USE WAS CHANGED.
IN ADDIT 1► S : 1 I ► I I ':o •ei 11 Y NEIGHBORS AND I ARE
ICING CONTINUING DAMAGES TO OUR PROPERTIES CAUSED BY THE SUBSTANDARD
ROADWAY THAT NOW EXISTS IN OUR BLOCK.
OUR PROPERTY VALUES HAVE BEEN REDUCED.
WE HAVE LOST PRIVACY AND SECURITY.
WE HAVE LOST GREENSPACE.
WE HAVE EXPERIENCED INCREASED WATER AND DRAINAGE PROBLEMS.
WE HAVE LOST OUR RIGHTS TO USE AND ENJOY THE LAND UNTIL SUCH TIME AS THE
CITY AUTHORIZES CONSTRUCTING AN ALLEY.
III. EVER SINCE THIS ROADWAY WAS CREATED, THE PEOPLE WHO LIVE ALONG THE PLATTED
ALLEY HAVE BEEN TRYING TO FIND A REMEDY FOR THIS UNAUTHORIZED AND SUBSTANDARD
ALLEY CONSTRUCTION.
THIS BRINGS ME TO MY THIRD MAIN TOPIC.
FOR NEARLY THREE YEARS, THOSE OF US NOW PETITIONING FOR VACATION OF THE
PLATTED ALLEY HAVE BEEN EXPERIENCING A BUREAUCRATIC NIGHTMARE.
WE HAVE CONTACTED EMPLOYEES IN PUBLIC WORKS, OUR COMMUNITY ORGANIZER, AND
OUR COUNCILMEMBER'S OFFICE FOR HELP, AND THE CITY THUS FAR HAS REFUSED TO
CORRECT WHAT EVEN THE FOLKS IN PUBLIC WORKS AND THE FOLKS IN THE CITY ATTORNEY'S
OFFICE HAVE CONSISTENTLY SAID IS AN ILLEGAL ROADBUILDING PROJECT.
SO FINALLY, AFTER LOTS OF FRUSTRATION, 8 OF THE 10 HOMEOWNERS WHO LIVE
ALONG THE PLATTED ALLEY ARE ASKING THAT IT BE VACATED.
FOR A FULLER STATEMENT OF THE REASONS WHY THE CITY COUNCIL SHOULD VACATE
THIS PLATTED ALLEY, PLEASE REFER TO THE WRITTEN MATERIALS WE HAVE PREPARED FOR
YOUR CONSIDERATION. IN THESE, MY NEIGHBORS AND I HAVE DESCRIBED IN MUCH MORE
DETAIL HOW WE HAVE BEEN AND CONTINUE TO BE HARMED BY THE ILLEGAL CONSTRUCTION OF
THIS ALLEY. WE HAVE ALSO DESCRIBED IN MUCH MORE DETAIL WHAT WE HAVE DONE IN OUR
EFFORTS TO GET THESE PROBLEMS CORRECTED AND THE FRUSTRATION WE HAVE EXPERIENCED
2
eriego-/A
IN SEEKING A REMEDY FOR THE ILLEGAL CONSTRUCTION OF THIS ALLEY.
IV. REFUSING TO REMEDY THE UNAUTHORIZED CONSTRUCTION OF THIS SUBSTANDARD ALLEY
WILL SET A VERY BAD PRECEDENT:
MY FOURTH POINT IS THAT IF THE ILLEGALLY BUILT ALLEY IN MY BLOCK IS NOT
REMEDIED, IT SETS THE PRECEDENT THAT NOBODY NEEDS TO FOLLOW THE PROCESS THE CITY
HAS LAID OUT FOR MAKING DECISIONS ABOUT WHETHER AND HOW TO BUILD AN ALLEY.
BY REFUSING TO TAKE ACTIONS TO CORRECT THE PROBLEMS RESULTING FROM AN
ILLEGALLY BUILT ALLEY, THE CITY WILL SEND THE MESSAGE THAT IT WILL PROVIDE
NO REMEDIES TO CITIZENS WHO ARE HARMED BY THE UNAUTHORIZED CONSTRUCTION OF A
SUBSTANDARD ALLEY.
BY REFUSING TO TAKE ACTION, THE CITY WILL SEND THE MESSAGE THAT THERE ARE
NO CONSEQUENCES TO THE PERSON WHO CHOOSES TO SIMPLY SKIP THE CITY'S
DECISIONMAKING PROCESS.
IF THE CITY REFUSES TO CORRECT THE UNAUTHORIZED BULLDOZING AND GRAVELING
DONE WHEN ONE OF MY NEIGHBORS UNILATERALLY CHOSE TO CREATE A ROADWAY, THEN I
EXPECT THAT THE TYPE OF PROBLEMS I HAVE DESCRIBED IN MY NEIGHBORHOOD WILL OCCUR
IN OTHER ST. PAUL NEIGHBORHOODS. I DOUBT THAT BLOCK 13 IN MACALESTER PARK HAS
THE ONLY PLATTED ALLEY THAT THE CITY HAS NEVER AUTHORIZED ACTUALLY BUILDING.
PLEASE PROTECT THE CITY'S RIGHTS AND THE RIGHTS OF ALL OF THE HOMEOWNERS ALONG
THIS PLATTED ALLEY. PLEASE VOTE FOR THE PETITION TO VACATE.
3
w--,.P..5
District 14
Community Council.
Serving the Macalester-Groveland and Randolph Heights neighborhoods of Saint Paul
July 13, 1990
Bill Wilson , President
St . Paul City Council
City Hall
St . Paul , Mn 55102
Dear Bill ,
This is to advise you that the District 14 Community Council is
taking no position on the petition to vacate an alley in Block 13 ,
Macalester Park. This item is scheduled for public hearing by the
City Council on July 17 .
Our organization ' s Executive Committee decided not to get involved
in this issue because one of the petitioners is one of our officers .
We believe that our involvement could have the appearance of
conflict of interest .
Sincerely ,
c, '•. ' I
Ka hie Tarnowski
Community Organizer
320 SOUTH GRIGGS STREET • SAINT PAUL, MINNESOTA 55105 • PHONE (612) 698-7973
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