Loading...
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 to recycled paper t �'11'� .. �u�' }.. �;.. tom, ,�'�- *"�� j; .•'.!, t, ...41we ' lib a; t '• .. ..• • :$*, •-•431144. NB.III #1 ,flo, ..„-ik -..:0,v,.- — p:-.. 4'... 4 • .. , .. .. .. .. y -- ��• Crux' i r. }. :r �t k C. T' .s : 1 . , `, - t., , 'k• C� F f� i. , • ` ` ,ri j mac. . : r-44 I. ! ' 3.4• w r 4a� t ., .... h1'''' , i, T r1 n• �• ire �41'' 1J.,1 V a. - 1w ' `•A S • �' , '� .. - •� }} . . . r . ,1 "F`I.•. '+1., /fit 1 ;! ,. iii i ` �� • , • •A ,1, �.... rr . , f: - .r f . -� , � ' 7 p I` b' y f .ix AI a ° 1 . 1111' 1. I 1 _.— ki t e ♦ + A j�.u'- '�' —: Sys 'A iii • •d ..fit + r,1 • f.' '" _til ' , - , _ ` _',r 'y, r -- --.*t i".,..mot_ qtr ,�t - 3< •Al. - �r —r4•. -+. -...-! - I 1 f 'ar r' • r j: J r, sir-• i . ! f �,,- , ,, . , i? ` j?!;),4, , ma '.. .• _ ' .."� '!� ,., - : '•- , .. ,!`',,F- , , fr.' . '' Y� .:•44p.;;;.•- 7- T•I r .....1, '7i , i i- '& *-_o- it 4=3, a�-< '''' I• • .. 1 . .i L. r _.. t� i ra �.i rid,,7p, •�" l ,..,. 'it- - i - .I. ■ • • . tjp 14 f. .*- ) �. •. ... , .. f - - ---- --1111111t ---11-4:---7 -t 7 -Ak ---:- — - •; .'' 7 .4- AM. . -0 • , i' il lit I - 1 I i s 1 • '''. 4 M ;*'.., . 1 it',, r r if '1. ... ' : ,,,,'•41 ft& „ I:• ,- z''..t, ._. r•saimpptio.-• ••‘. •''' - ... -•••.f ' ' ' ..,. 011 , . , 14- W.60:'' iiillt ii.7:111 w ' i4,- I if .,..4 lir ki. - -- • . _ .411h1/41101 4../astt 1111.- 6,4 f --■____.,sip r -... • .. 111 ...41, -•0,1 i• -Ivii , /41 17: • -4 - zam....rode 1 t.44111116, .) ii5OePt ifiiiil - ,444/ . it • V w I I Ad,• ...1 1 ' ' 114g viliF4a ...''' "44111?. .glIfill kill i )4-..i if]key'Alia?lit ioiAli it. - ...41..:42;r• * - 7 ILIA, 4114, 0 4 , .011141114r a...ti=Mk • 'I 40,,,,,, ,4‘....3, ,. _ _.... .... r •0/14j* '71111 ...... .. .„ .....- . •••• •■•,., . : ..- Irk...! ......,......... ... ,-..1.0- .0.......0A e... l•'.t 4 P •t. ' NL r-.v.t' . .,•.. os.s ••- •. •wir,7e,iTir 7 4i);.. I-h'Ni•l..i -...,... 4 1' . : 0 ii i i l,it,i lb O f-Adte4'<4a'44-,,1. N. ,. . ' • 44...' ..-.4'.- .41 .... 44. s # '.. • s • if 1.6tal..- -, —- - - 1,441, --- . - ...4i- - •- -.... • ... -'""c.-,:,... 4''-*",-.0---':•, :". - -. .4.-:* -14.0. .... - _- Illipippre 1— -... . . - - . \III - - ' t . .."''' $ ... • • e A , --, - -: 0•;= ' A• sitAiiib,' :: . . • . hot . ..l'i .. . .s.,. •..,..-,,, • . •,„... ' . .•-• ... .1. .. ••4 . , A. ,- ...1 , --;'7 _ . . ‘01 .t. Illf 1.:'.p. .: *4: iiNt of f, 4,•• 6,y;, .-,,, ,,,,ili I',:'•L/ • , '...' ' • ' - ' • , -.0 .. 0 a. . 1 At. • tfi Al■ eb. i 11! .10 ,.. ^1. — - P . , _4_ -----:- a 141111 K ,4".0041131, I_ . ■ n•- t' ... 0- g A' nog: 0,&•:"." ?...ii.. •: ' • i r .-- ' *Ar, _ 14 4p wt...--06...••••• .4, ., ... ,. v ,-1.,Airki...-.1. k..o. •f - % . .. fol., .-.440..---1, . ...k• .. , . Po' - arii-le •• r- ,....1,.., .44settk..- . , . . 411, lil 't I% , lig ' :II ;;;,igi --:44 NI ■%k i 'air, --- , l'A%'0 ■ NI iv i ' ; il ijr Iilli fifilltillr f,440-/.:',1'''18t`15 ,4•..4# ,.."s.1,4v.s,,,r,-■ ; ail 0 ` NS t.I..' '""ir r 7 '4'..-1.. 11111111Hervi-71..-.1"•_ . ) fi • i JØ;ç , AA ..4 .,284.--. af ' . _ . ,- 7..'itleit Et7kr'NI.ItwAillhitt,rillariifilgi,, 7 4 . ' . S ..c74.04 a A I lier j,,,,, -44-tegr.. 41•11, i ,.., w ' e.'V . • ..4at ,.. --,5 sliii, i ? .• - el .., . .0,4 4... , . • -.4 `a. N .......''. t ep f b • _ ......- — ' - 41/10.- ••' ., 'ilia, ...* ..--,•,-;,.. , .. 112.11141.41;' ' .• . . . ... Illf 11113.*-4 •"""--1• '•■• 114114111 I 0611011P1W 111041/..- ■ ? '...47 ."‘"Ir .•"7:. 'At 0-... ...• ic...„ ... gr-r..dir.-- '. 4.-0•-z- APP. ••■•■10011.„- -.,.. .. ft. •111frs'" •■ Jo" .-• ■ ,' ......i.4 illq •1_. ,. /". i /lib S8 • 't * 1!'4 ■ - .,. - • - . e . • 1 r:- . 1 .411M .,. 7 .. Alr 'Ns, . -' Pt -' .lu:�� ^ _ _! F o .1 '{ t °s I "40 O� ,+ _ iw i. 0.. ,/ ,Ay. PillitiVIIM. ', - ,. Of. r �. +i. t..► +.► yew '' + j9 ,it • ww '� .�, r �w�' • .. ,+� t.• _ —__'___.__ -- ,�' , t o� 4 ..` ! + -11116„+L'�r�i a•jg, f Pie y 1,1�!*1•.._. � ' .y,,7t , \ �. 1 •Y4 i r,V - �# "may�.- ..�ti y W + Lf 11 T w t �,� f II� .ail - • ,, a• .4 fi. 404101, 1 , "'' - , ) a t' : + s 4 j e. i s 1411 IOW ,ti f:'Ya.P.,.74#-,-it - ; r�1 1 ,,, r 4 Y i + �• 1 e ��■ 3! 3 -row s j - _ ‘ l' -..... .4 I, k , . i ,Alit,, ..s.,- .. -, , fly? ;it ,c •' ! 4* . * 1'i • k n 'r • Fes' # \z�i4� t �. ,.. #;aIl#, ;�� � �i y rte• ,t �' r' ,1 trg`;f,I2. f+ may. ,. , i .,. r/ J "' - + .... ,•1C 4 l ,/+' .41', 11 +t. �' • i� y� -. +F'; t ti : r . I - L-.y t�r . i 1 J ti r\ \w, �� Y y` rr . „1i „a yt , �� � i� .'7.-.'..r - P b r = 1 n y �; i. , s ` �� •. i t 4\ '.• - - t.., . ....,,,eTt.::- , ' , i il --.1 r -\ . d ,'` J } 7 5 i# 5 1, ` 'J' au: ,. �tzp aex _ � f r 1 i f 1, � 1 y .d” - . t_:v r fr i A p 1 4 111 194o I AFT pAii &WAN