Approved Minutes 8-25-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, August 25, 1999 - 3:30 - 5:00 P.M.
Public Hearings 5:30 - 6:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 25)
Councilmember Harris requested Items 10, 11, and 12 be removed for discussion.
Councilmember Blakey moved the Consent Agenda as amended.
FOR ACTION
1. Approval of minutes of August 4, 1999.
Adopted Yeas - 7 Nays - 0
2. Claims of Ralph Hart and Beverly Smith, Daniel Norquist, Rosella Robbins, Todd Stiebinger, and
Emma Jean Torfin.
Referred to the Employee/Risk Management Division
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on September 1, 1999, to consider the application of River Town Homes,
LLC for a subdivision review to allow approval for eight (8) residential lots to a combined plat on
the east side of Westminster, south of East Hoyt, approximately 34.62 feet south of East Montana
and west of Gateway Trail.
4. Letters from the Citizen Service Office/Property Code Enforcement declaring 805 Agate Street
and 1087 Ross Avenue as "nuisance properties," and setting date of Legislative Hearings for
September 7, 1999, and City Council Hearings for September 22, 1999.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge on September 28, 1999, at 9:30 a.m., Room 41, St. Paul City Hall-Courthouse, concerning
all licenses held by Todd Erickson, dba Summit Amusement, 2274 University Avenue West.
August 25, 1999 City Council Summary Minutes Page 2
6. Letter from the Real Estate Division announcing a public hearing before the City Council on
October 27, 1999, to consider the vacation of the east west alley, Block 3, F. W. Hoyts
Rearrangement of Lots 25, 26, and 27, Hall and Brown's Addition to Hyde Park between
Lexington Avenue, as widened and 153 feet west of Lexington Avenue, because the alley is
unimproved and Public Works has no intention to improve that part of the alley.
7. Administrative Order:
D001738 Authorizing a staff member (non-City employee) in the Police Department to attend
training entitled "Wisdom, The Inner Resource" in Vancouver, Canada on
September 18-19, 1999.
Noted as on file in the City Clerk's Office
8. Resolution - 99-796 - Approving the 1999-2002 Employment Agreement between Independent
School District No. 625 and the United Association of Plumbers Local Union No. 34. (Laid over
from August 18 for adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 99-797 - Approving the 1999-2002 Employment Agreement between Independent
School District No. 625 and the United Association of Pipefitters Local Union No. 455. (Laid
over from August 18 for adoption)
Adopted Yeas - 7 Nays - 0
10. (Removed for discussion.)
11. (Removed for discussion.)
12. (Removed for discussion.)
13. Resolution - 99-815 - Initiating a special one-year pilot program to reduce costs and speed
approvals for new housing construction.
Adopted Yeas - 7 Nays - 0
14. Resolution - 99-816 - Finalizing City Council action taken August 11, 1999, approving application
for an off-sale liquor license by Vernon Crowe, dba Selby Avenue Wine and Spirits, 778 Selby
Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolution - 99-817 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1667 Ames Avenue, 243 Lexington Parkway South,
853 Randolph Avenue, 1505 McAfee Street, 1513 McAfee Street, 1521 McAfee Street, 923 Agate
Street, 1115 Greenbrier Street, 2086 Marshall Avenue, 781 Lincoln Avenue, and 500 Como
Avenue.
Adopted Yeas - 7 Nays - 0
16. Resolution - 99-818 - Authorizing the extension of Service Availability Charges (SAC) credits on
the former Riverview Hospital Site for construction of five (5) single family homes.
Adopted Yeas - 7 Nays - 0
August 25, 1999 City Council Summary Minutes Page 3
17. Resolution - 99-819 - Amending the Dayton's Bluff Recreation Center building project budget to
include funding from the Saint Paul Public Schools for work performed by the City's contractor
on the Schools' addition to the Dayton's Bluff Elementary School.
Adopted Yeas - 7 Nays - 0
18. Resolution - 99-820 - Amending the 1999 budget in the Department of Libraries by bringing
forward fund balances from various grants and the Metropolitan Library Services Agency and
establishing a budget for a new grant from the State of Minnesota, Department of Children,
Families and Learning.
Adopted Yeas - 7 Nays - 0
19. Resolution - 99-821 - Approving waiver of the 60% consent requirement for a block party/special
event permit for the 1999 Payne-Arcade Harvest Festival to be held on September 18, 1999,
between the hours of 9:00 a.m. and 6:00 p.m.
Adopted Yeas - 7 Nays - 0
20. Resolution - 99-822 - Reducing the posted load limit for Burr Street Bridge No. 90428 from 15
tons to 5 tons for any vehicle.
Adopted Yeas - 7 Nays - 0
21. Resolution - 99-823 - Setting date of public hearing for October 6, 1999, for ratification of 1999
Street/Alley Maintenance Service charge to be assessed against benefited property.
Adopted Yeas - 7 Nays - 0
22. Resolution - 99-824 - Setting date of public hearing for November 10, 1999, for proposal of year
2000 Street/Alley Maintenance Service Charge to be assessed against benefited property.
Adopted Yeas - 7 Nays - 0
23. Resolution - 99-825 - Authorizing an extension, through September 30, 2004, of Lease Agreement
PW/12 granting to Elizabeth Schmidt the use of 3,700 square feet of vacant land for personal use.
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 99-826 - In the matter of the Hewitt/Aldine Residential Street
Paving and Lighting Project, and setting date of public hearing for September 8, 1999. (File
#18886)
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 99-827 - In the matter of towing of abandoned vehicles from
private properties during April and May, 1999; (J9904V) summary abatements (property clean-up
or grass cutting) during July, 1999 (J9906A); boarding-up of vacant properties during June, 1999
(J9906B); and demolition of vacant buildings during July, 1999 (J9906C), and setting date of
Legislative Hearing for October 5, 1999 and City Council Hearing for October 13, 1999.
Adopted Yeas - 7 Nays - 0
August 25, 1999 City Council Summary Minutes Page 4
10. Resolution - 99-798 - Approving the May 1, 1999 through April 30, 2001 Maintenance Labor
Agreement between the City of Saint Paul and United Association Pipefitters, Local Union No.
455. (Laid over from August 18 for adoption)
Discussed later in the meeting.
FOR DISCUSSION
(Benanav left)
26. Resolution- 99-793 - Authorization to issue eight (8) new taxicab licenses to qualified applicants
and establish the eighteen (18) previously approved temporary winter licenses as permitted. (Laid
over from August 11)
Councilmember Harris moved approval
Adopted Yeas - 5 Nays - 1 (Blakey)
27. Resolution- 99-828 - Approving the report of the City Clerk dated August 13, 1999, relating to the
petition for an ordinance concerning the removal of billboards in Saint Paul to be sufficient.
Councilmember Benanav moved approval noting that there are sufficient signatures on the petition.
Councilmember Blakey asked about the status of this item. Phil Byrne, Assistant City Attorney,
responded that the motion would be to the effect that there are enough signatures but the Council
wants to reserve for itself the power to put it on the ballot even though there might be a drafting
problem at the end. The resolution would layover for a week to explore if that is advisable and what
additional findings should be incorporated in the resolution.
The City Clerk has determined that the signatures are valid, Benanav said. He said he would like to
move forward with that portion and have the opportunity at a future time to determine if the findings
of fact are appropriate in this situation.
Councilmembers Reiter and Benanav questioned if there was a timing problem with laying it over
for a week. Mr. Byrne responded that it would not be a problem.
Mr. Benanav suggested approving certification of the signatures and approve the drafting issues on
September 1, 1999.
Councilmember Coleman stated if the Council approves part of it and then later amends it, more
problems may be created. Mr. Byrne stated his preference would be for the Council to vote on the
entire resolution as one package.
Councilmember Benanav moved a one week layover.
Laid over to September 1 Yeas - 7 Nays - 0
(Benanav left)
August 25, 1999 City Council Summary Minutes Page 5
28. Resolution - 99-806 - Amending Section 28.B.5 of the Civil Service Rules to allow the
Department of Fire and Safety Services to conform to the rules of the State of Minnesota
Department of Labor and Industry Job Apprenticeship Training Program for Fire Fighters. (Laid
over from August 18)
Councilmember Harris moved to introduce a substitute resolution and approval at the request of
Council President Bostrom.
Substitute introduced and adopted Yeas - 6 Nays - 0 (Benanav not present)
29. Update regarding issues surrounding the proposed merger of the Saint Paul Workforce Development
Program and the Ramsey County Job Training Program (Monthly updates requested by Council on
April 14)
No update was presented; a monthly written report will be provided.
ORDINANCES
30. Final Adoption - 99-726 - An ordinance finalizing City Council action granting the application to
rezone property at 1770 Old Hudson Road from B-2 Community Business District to B-3 General
Business District for the purpose of establishing a car wash. (Public hearing held July 14, 1999)
(Laid over from August 11)
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present)
31. Final Adoption - 99-727 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
by establishing a one-year change in the fare structure to allow taxicab companies to set their own
fares within a maximum ceiling, and to impose a one-time surcharge on vehicle license fees to
partially pay for the cost of a comprehensive survey on taxicab service in Saint Paul. (Substitute
introduced on August 4)
Councilmember Lantry requested a three-month report regarding the fares being charged. Robert
Kessler, Office of License, Inspections, and Environmental Protection, responded that it would be
a good idea to do a report on a monthly basis so people know there is competition in fares and
they can shop around for the best fare.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present)
(A monthly report from the Office of License, Inspections and Environmental Protection was
requested on taxicab fares)
32. Final Adoption - 99-728 - An ordinance amending Section 376.05 of the Saint Paul Legislative
Code bringing the taxicab license cap to 150.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present)
(A monthly report from the Office of License, Inspections and Environmental Protection was
requested on the number of taxicab licenses issued)
August 25, 1999 City Council Summary Minutes Page 6
33. Final Adoption - 99-729 - An ordinance to allow certain holders of 3.2 percent malt liquor
licenses to waive the dramshop insurance coverage requirements in accordance with state law.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present)
34. Final Adoption - 99-730 - An ordinance to allow certain holders of wine licenses to waive the
dramshop insurance coverage requirements in accordance with state law.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present)
35. Second Reading - 99-811 - An ordinance amending Chapter 51.02 of the Saint Paul Legislative
Code to define the word "family" with regard to the rental registration ordinance.
Laid over to September 1 for third reading/public hearing
36. Second Reading - 99-812 - An ordinance amending Chapter 310 of the Saint Paul Legislative
Code; including the permit fees for the keeping of more than three cats and the keeping of more
than three dogs; also consolidating day care food (A) and (B), adjusting the catering (B)-full
license and creating the food processor (up to 2,000 sq. ft. license to coincide with the food
processor (more than 2,000 sq. ft.) license.
Laid over to September 1 for third reading/public hearing
10. Resolution - 99-798 - Approving the May 1, 1999 through April 30, 2001 Maintenance Labor
Agreement between the City of Saint Paul and United Association Pipefitters, Local Union No.
455. (Laid over from August 18 for adoption)
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays- 0 (Benanav not present)
11. Resolution - 99-799 - Approving the May 1, 1999 through April 30, 2001 Maintenance Labor
Agreement between the City of Saint Paul and the International Brotherhood of Electrical
Workers, Local 110. (Laid over from August 18 for adoption)
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays- 0 (Benanav not present)
12. Resolution - 99-800 - Approving the May 1, 1999 through April 30, 2001 Maintenance Labor
Agreement between the City of Saint Paul and Painters Union Local No. 61. (Laid over from
August 18 for adoption)
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays- 0 (Benanav not present)
Councilmember Blakey moved for suspension of the rules to introduce the following resolution:
Yeas - 6 Nays - 0 (Benanav not present)
Resolution - 99-833 - Directing that gun shows are not allowed on City-owned or financed
property in the City of Saint Paul.
August 25, 1999 City Council Summary Minutes Page 7
(Benanav returned)
Councilmember Blakey talked about the gun show that took place at RiverCentre the previous
weekend and that a gun was discharged by a visitor to the show. He reminded the Council that
they had adopted Resolution 99-794 which talks about too much gun violence and said this is
another opportunity for the Council to prove its position.
Council President Bostrom asked Phil Byrne, Assistant City Attorney, whether the action
requested in this resolution could be enforced. Mr. Byrne responded he would like to look at the
resolution concerning taxed financed property before responding.
Councilmember Blakey moved approval.
Adopted Yeas - 4 Nays - 3 (Bostrom, Coleman, Reiter)
Councilmember Harris stated that many sidewalk panels were cracked on the Wabasha Street
Bridge and requested that the Director of Public Works report on the Wabasha Street Bridge at the
September 1 Council meeting.
(The meeting was recessed from 3:55 to 5:40 p.m.)
Roll Call: Present - 7 Absent - 0
PUBLIC HEARINGS
37. Third Reading - 99-694 - An ordinance establishing a "Managed Competition" chapter of the Saint
Paul Administrative Code to provide a framework by which the City of Saint Paul can enter into
contracts with vendors, including existing City employees and outside entities, to provide City
services currently performed by City employees. (Laid over from July 28) (Substitute introduced
on August 18)
The following appeared and spoke in support of the ordinance:
Shar Knutson, Saint Paul Trades and Labor Assembly, appeared on behalf of the Saint Paul Works!
Alliance. Compete Saint Paul moved too far and too fast, she said. Proponents say this will save
money, but no one knows how much. A"hit list" of services was prepared and they are being put
out to bid one by one. Saint Paul citizens have the right to high quality services and equal
accessibility and Compete Saint Paul will undermine City services. Ms. Knutson said she says yes
to competition if the public interest in having City services directly delivered is given fair
consideration, if City employees are first given the chance to work with their managers before
embarking on a bidding process, if guidelines are in place that allow fair and accurate cost
comparisons between public delivery of services and private delivery of services, and legitimate
concerns of City employees are addressed. Without clear guidelines and public input, the citizens
will pay more in taxes for less services. Compete Saint Paul has been moving forward without input
from City employees, the City Council, and the public's voice. Saint Paul should not be stripped of
its most valuable assets -- a dedicated workforce and the City's large investment in equipment and a
physical plan.
August 25, 1999 City Council Summary Minutes Page 8
Dick Anfang, Building Trades, representing 14 of the active bargaining units in the City
Wayne Stumig, Religion and Labor Network member
Marcia Erickson, Minnesota ACORN
Brian Young, tree trimmer and City resident
Anonymous, Water Department
Congressman Bruce Vento
The following spoke in opposition to the ordinance:
Susan Kimberly, Deputy Mayor, read a letter from Mayor Coleman outlining his concerns about the
ordinance. Following are some excepts from the letter: In order for Saint Paul to continue to
deliver high-quality City services for taxpayers, it must inject competition into City Government.
The Saint Paul City Council and employee labor unions want Saint Paul taxpayers to wait two years
before there is competition and before taxpayers can see any savings in City government. If we
began to inject competition in City services today, we could begin seeing millions of dollars of
savings in short order. Based upon the experiences of other cities, Saint Paul could see savings in
the City's Water Utility of between three and nine million dollars. A five percent savings is
conservative. Other communities are savings 10% to 15% and even more. Saint Paul must
aggressively pursue the opportunity to improve the delivery of City services through competition.
Competition has worked in other cities across the country. Competition should not result in
reduction in the delivery or the quality of services. It is clear that Saint Paul City government must
reform itself, change the way it does business, and compete with others. Studies show Saint Paul
employee salaries are consistently far above average. The mayor is prepared to sit down with labor
leaders to address issues of concern to both labor and management. However, those discussion must
be frank and honest and cannot be conditioned upon what either party will or will not support before
they are prepared to sit down and reason together. The Mayor can cut City services and raise
property taxes on homeowners and small business or lay off City employees in order to balance the
budget. He will not raise property taxes on homeowners and small businesses. There are several
conditions that will destroy the ability to effectively manage the operation of City government and
provide millions of dollars of savings to Saint Paul taxpayers. This ordinance does not provide
structure, it provides barriers to competition and savings for Saint Paul taxpayers.
Tim Marx, Saint Paul Area Chamber of Commerce and co-chair of Compete Saint Paul Task Force,
appeared and stated that various construction projects downtown have happened because actions of
the Mayor and the City Council have inspired the confidence of the private and non-profit sectors to
invest in Saint Paul. Results are in: unemployment is down, investments are up, home values and
property values are up, and jobs are up as well. Investments are up because Saint Paul got things
done and did things in the public interest. Mr. Marx said he has worked with labor unions in the
past to avoid strikes and settle grievances. He said he was present representing many small and
medium businesses in Saint Paul. If the Council moves forward with this ordinance, it will shake
their confidence in the Council.
Councilmember Benanav disputed the statement that the Mayor is willing to meet with labor leaders
and the City Council. He said he has made numerous attempts to meet with the Mayor to no avail.
August 25, 1999 City Council Summary Minutes Page 9
Citizens of Saint Paul consider this a serious issue and this ordinance insures that the residents of
Saint Paul receive the kinds of service they are entitled.
Councilmember Benanav moved to close the public hearing. Yeas- 7 Nays - 0
Laid over to September 1 for final adoption
(Benanav left)
(Reiter left and returned)
38. Third Reading - 99-750 - An ordinance amending Chapters 33, 60, 62, 63, and 66 of the Saint
Paul Legislative Code pertaining to Zoning. (Laid over from August 11)
No one appeared in opposition; Councilmember Blakey moved to introduce a substitute ordinance.
Yeas - 6 Nays - 0 (Benanav not present)
Janet Waldon, 164 Onedia Street, appeared and stated she lives in one of two identical side by side
townhouses in Ramsey County. A criminal attorney set up his office in the other townhouse and
she expressed concern about criminals who are regularly around the townhouses and often
mistakenly come to her door.
Councilmember Blakey moved to close the public hearing
Yeas - 6 Nays - 0 (Benanav not present)
Laid over to September 1 for final adoption
39. Third Reading - 99-751- An ordinance amending Chapters 33, 34, 43 and 45 of the Saint Paul
Legislative Code by removing obsolete references to the "department of public health" and
"property code enforcement board" to reflect the present division of "property code enforcement"
and "Legislative Hearing Officer." (Laid over from August 11)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing
Yeas- 6 Nays - 0 (Benanav not present)
Laid over to September 1 for final adoption
(Coleman left)
40. Third Reading - 99-752 - An ordinance amending Chapter 189 of the Saint Paul Legislative Code
by changing references to "public health manager" to the current property code enforcement
manager, and to increase the fee for examination of Truth-In-Sale of Housing evaluators to
$100.00 to cover actual costs of the examination process. (Laid over from August 11)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
introduce a substitute ordinance. Yeas- 5 Nays - 0 (Benanav & Coleman not present)
Laid over to September 1 for final adoption
Yeas - 5 Nays - 0 (Benanav & Coleman not present)
August 25, 1999 City Council Summary Minutes Page 10
41. Third Reading - 99-786 - An ordinance requiring disclosure of campaign contributions relating
to City managed competition contracts and collective bargaining agreements.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas- 5 Nays - 0 (Benanav & Coleman not present)
Laid over to September 1 for final adoption
(Coleman returned)
50. Public hearing to consider the appeal of the Minnesota Department of Natural Resources to a
decision of the Planning Commission approving a special condition use permit to allow
construction of a new building on the site of an existing building between two airplane hangers for
offices, crew support, and parts storage, and modification of river corridor standards to allow the
new building to be built at the same elevation as the existing building instead of having to be at or
above the regulatory flood protection elevation at 690 Bayfield Street (southeast corner of Bayfield
and Wisconsin Streets on Holman Field). (Laid over from August 11)
Lucy Thompson, Department of Planning and Economic Development, stated 3M Company and
the Department of Natural Resources (DNR) met this week and reached an agreement as follows:
if 3M would wet flood proof the building, the DNR would remove its objection to this project
going ahead. The river corridor standards say a building cannot be wet flood proofed if two
conditions are in place: the building represents a minimal investment, and if the building is 500
square or less in size. Neither of those conditions are met. The DNR would be okay with the
Council granting 3M a modification or exclusion from having to meet those two conditions. Ms.
Thompson had letters from 3M and the DNR both saying they have agreed to the wet flood
proofing and the DNR agrees to the modification.
Dale Hormuth, DNR, appeared and stated the solution discussed with 3M satisfies the intent of
state and federal regulations.
Tim Hoffman, 3M, appeared and stated they are replacing an existing structure which is three
times the size of the new structure. Sixty employees are at the Downtown Airport. The reason
for this modification is the safety of those employees and protection of the environment.
Councilmember Coleman moved to close the public hearing and deny the appeal, to approve the
Special Condition Use Permit (SCUP) together with two river corridor modifications (see below).
Such SCUP and modifications to be expressly conditioned upon 3M's compliance with its
agreement with MN-DNR and wet flood proof to the FP-3 or FP-4 flood proofing requirements of
the state building code and/or US Army Corps of Engineers. That the 3M/DNR agreement to wet
flood proof to the FP-3 or FP-4 classification requires modification of Legislative Code §§
65.214(5) and 65.214(6) which will allow 3M to wet flood proof the subject building which is
greater than 500 sq./ft. without need to elevate the subject building and that the basis for such
modifications is appropriate for the reason set forth in Planning Commission Resolution 99-41 so
August 25, 1999 City Council Summary Minutes Page 11
long as 3M is self-insured and that 3M complies with state building code and/or US Army Corps
of Engineers requirements for flood proofing.)
Motion of Intent - Appeal Denied Yeas - 6 Nays - 0 (Benanav not present)
(Benanav returned)
42. Resolution - 99-731 - Ordering the owner to remove or repair the building at 419 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (Laid over from July 28)
(Legislative Hearing Officer recommends laying over to the October 19 Legislative Hearing and
the October 27 City Council Hearing)
Councilmember Blakey moved approval of the Legislative Hearing Officer's recommendation.
Laid over to October 27 Yeas - 7 Nays - 0
43. Resolution - 99-732 - Ordering the owner to remove or repair the building at 1329 Van Buren
Avenue within fifteen (15) days from adoption of resolution. (Laid over from July 28)
(Legislative Hearing Officer recommends laying over to the September 21 Legislative Hearing and
the September 29 City Council Hearing)
Gerry Strathman, Legislative Hearing Officer, stated he received a notice on this date that an
offer was made on the property by a community organization and the owner has accepted the
offer. The property will be cleared by the City under the selective clearance program. The
reason for the layover is to allow the process to be accepted by the owner and the order to remove
may not be necessary.
Councilmember Blakey moved to layover to September 29
Laid over to September 29 Yeas - 7 Nays - 0
44. Resolution - 99-742 - Allowing adherence to the criteria for awarding subsidies to businesses
subject to the regulations and reporting requirements of the Minnesota Business Assistance Act.
(Laid over from August 11 for continuation of the public hearing)
Councilmember Blakey moved to introduce a substitute resolution. Yeas - 7 Nays - 0
Councilmember Coleman moved to lay over one week as he had not reviewed Mr. Blakey's
substitute.
The following appeared and spoke in support of the resolution:
Beth Fraser, Minnesota Alliance for Progressive Action
Ellen Waters, Midway Area Chamber of Commerce
Andrea Sachs, 2175 Jefferson Avenue, Progressive Minnesota member
David Buckley, resident
Bernie Hess, Food and Commercial workers
August 25, 1999 City Council Summary Minutes Page 12
Phil Byrne, Assistant City Attorney, suggested amending Councilmember Blakey's substitute as
discussed at the Housing and Redevelopment Authority meeting earlier.
Councilmember Blakey moved to amend the substitute resolution and continue the public hearing in
two weeks.
A substitute resolution presented by Council President Bostrom was also introduced and amended;
Both resolutions were laid over to September 8 for continuation of public hearing.
Yeas - 7 Nays - 0
(Benanav left)
45. Resolution - 99-754 - Vacating public lands, formerly part of Johnson Parkway and Prosperity
Avenue, to convey title to said lands to Jerry's Enterprises, Inc., and directing the Department of
Public Works to reimburse the Division of Parks and Recreation for that part of said lands that
were acquired for the Parkway. (Laid over from August 4)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present)
46. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment -
99-829 - In the matter of condemning and taking fee simple property rights in connection with the
811 Payne Avenue Bridge Expansion Project. (File #18879)
Nancy Anderson stated it was requested by staff that this item be laid over to September 22.
Councilmember Harris moved to lay over to September 22.
Laid over to September 22 Yeas - 6 Nays - 0 (Benanav not present)
47. Resolution Ratifying Assessment - 99-830 - In the matter of sidewalk reconstruction in Wards 3 &
4 (work already done) on Goodrich Ave., S. Hamline Ave., Lincoln Ave., Macalester St.,
Osceola Ave. & S. Saratoga St., St. Clair Ave., Sargent Ave., Jefferson Ave., S. Cretin Ave. &
St. Clair Ave., 1916 Munster Ave., Hartford Ave., Juno Ave., Beechwood Ave., Bohland Ave.,
Rome Ave., Juno Ave., View St., Goodrich Ave., Marshall Ave., N. Prior Ave., and Hague
Ave. (File #98WALKS1)
No one appeared in opposition; Councilmember Harris asked if the sidewalks have been
completed. Peter White, Real Estate Division, responded the sidewalks were constructed in the
1998 season and this is the assessment for that work.
Councilmember Harris moved to close the public hearing and approval.
Adopted and Public Hearing Closed Yeas - 6 Nays - 0 (Benanav not present)
August 25, 1999 City Council Summary Minutes Page 13
48. Resolution Ratifying Assessment - 99-831 - In the matter of sidewalk reconstruction in Wards 1,
2, & 7 (work already done) on E. Third St., Hazelwood St., & 1535 East Third St., Dayton Ave,
Bellows St., W. Exchange St., Mulberry St., W. Page St., W. Stevens St., S. Victoria St., E.
Robie St., N. Dunlap St., Selby Ave., Thomas Ave., Bush Ave., N. Ruth St., N. White Bear
Ave., E. Fifth St., & E. Fourth St., Aurora Ave., N. White Bear Ave., and Daly St. (File
#98WALKS2)
Jim Sullivan, owner of property at 880 Selby Avenue, appeared and stated he received a notice
that one of the driveways on this property was illegal and he was to remove it and install a
boulevard. Work was to be done in August 1998. He received another notice that the City was
going to replace sidewalks and driveways as necessary. A new driveway was constructed the first
part of August. He was out of town at that time and he said. Mr. Sullivan was concerned that
this driveway is also illegal because it is 20 feet wide and is supposed to be 26 feet wide. He said
he would like the Council to grandfather this in instead of him tearing it out.
Councilmember Coleman said he received a letter about the address on West Page Street. The
work has been done and the property owner is not questioning the assessment but has concerns
about the quality of the work.
Councilmember Harris moved to close the public hearing and approval with the exception of File
#S98067.
Adopted as amended Yeas - 6 Nays - 0 (Benanav not present)
Council President Bostrom asked Peter White, Real Estate Division, about the driveway issue.
Mr. White responded the record shows two driveways were reconstructed at that address and there
appears to be a problem. He said he was not sure how the grandfather issue would factor in.
Mr. White suggested a two week layover.
Councilmember Blakey moved a two week layover on File #S98067 - Sidewalk reconstruction on
both sides of Selby Avenue from North Milton Street to North Victoria Street.
Yeas - 6 Nays - 0 (Benanav not present)
49. Resolution Ratifying Assessment - 99-832 - In the matter of sidewalk reconstruction in Wards 5 &
6 (work already done) on Hazelwood St., E. Idaho Ave., N. White Bear Ave., & 877 North
White Bear Ave., Fernwood St., Front Ave., N. Hamline Ave., Jenks Ave., E. Magnolia Ave.,
E. Cook Ave., Forest St., E. Cook Ave., E. Maryland Ave., E. Jessamine Ave., Marion St., W.
Jessamine Ave., W. Rose Ave., Farrington St., Woodbridge St., Virginia St., E. Maryland Ave.,
Front Ave., Bradley St., Jenks Ave., E. Magnolia Ave., Barclay St., E. Montana Ave., Case
Ave., and N. Dale St. (File #98WALKS3)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted and Public Hearing Closed Yeas - 6 Nays - 0 (Benanav not present)
August 25, 1999 City Council Summary Minutes Page 14
51. Public hearing to consider the appeal of Ronald Hachey to a decision of the Planning Commission
to grant a special condition use permit to allow for seven (7) units in a cluster development at 0
Juliet Avenue, north of Palace Avenue and approximately 200 feet east of Lexington Parkway.
Jim Zdon, Department of Planning and Economic Development (PED), presented a staff report.
He stated the Planning Commission granted a special condition use permit for the development of
a seven-unit cluster development north of Randolph Avenue. A couple of years ago, there was a
similar proposal. Since then, several changes have been made to the development proposal. The
number of units has been reduced from eight to seven, the townhomes were redesigned to be two
stories instead of three. The latest proposal was approved by the Macalester Groveland
Community Council and also the Planning Commission. PED received one letter opposed to the
proposal.
Ronald Hachey, 1080 Palace Avenue, appeared and stated he lives adjacent to this property. He
talked about the requirement for an 80 foot distance on an improved street and said there was a
defective finding. The requirement of the Code is that there must be an 80 foot entrance on an
improved street. This cluster home requisite was approved because the City allowed the developer
to donate a portion of his property to lengthen the amount of curb in front of his property on Juliet
Avenue. In turn, he gets the measurement of that curb instead of the straight Juliet Avenue.
When he measures that, he claims he has 80 feet. He was able to extend and lengthen the area he
needed beyond 73 feet. That is a terrible defect, and the application should be denied on that
alone, Hachey said. On Hamline Avenue, the developer contends he has 17 feet of improved
street to rely on. To get the required balance, he has 107 feet of unapproved property. The Code
does not allow the ingress and egress requirement to be waived and to use unapproved property
for property cover. On Palace Avenue, he has no chance of getting 80 feet; however, he can ride
on the shoulders of Juliet. There is a hill and it is difficult to drive through. Legally, Mr. Kratz
has not done the right thing and Mr. Hachey urged the Council to deny the application.
John Kratz, developer, appeared and stated he is trying to specialize in infill housing in Saint Paul.
The limiting factor is the shortage of available building sites. The most telling aspect is when the
site was put on the market. It was on the market for over five years as a single family home site
and there was no interest in the site. Mr. Kratz said he was not interested because it did not have
the frontage he was looking for. It will be an attractive townhome site he said. These will be
single family homes that are owner occupied and will sell for $275,000 apiece. The units were
reduced from a three story height to a two story height, which was the key to getting the approval
of the district council. To address the technical defect that Judge Hachey mentioned, all that is
really being done is replatting the lot to accommodate a townhouse development. Part of the
replatting process is dedicating a portion to the City which would make the egress and ingress
match the City requirements. The 80 foot requirement is an arbitrary one, Kratz said The site
plan review process has been approved subject to minor modifications to which he is agreeable.
He asked the Council to deny the appeal and reaffirm the City Council's strong commitment to
improving housing in Saint Paul.
Councilmember Blakey noted that Judge Hachey mentioned the corner that would be given to the
City and reusing it as part of the footage. Mr. Kratz responded that the issue is that street
August 25, 1999 City Council Summary Minutes Page 15
frontage is often just boulevard and Mr. Hachey was saying that they are not giving paved street
to the City, they are giving boulevard. They are creating a legal lot frontage of 80 feet long that
directly abuts an improved street and whether they have a 16 foot or 24 foot driveway between the
private lot and the improved portion of the right-of-way, he did not feel it made a whole lot of
difference. The site plan review people who would tell him how wide the driveway can be.
Jim Sebel, Real Estate Agent, representing John Kratz appeared. He said he also represents
several other developers who have built townhomes on the frontage of freeways; one on Ramsey
Hill overlooking 35E and another one is under construction. The marketability of townhomes
overlooking 35E really does not affect the people who live there whereas it does for a single
family residence, he said. The reason is that people in townhomes are looking for a convenient
lifestyle.
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Blakey asked Mr. Zdon about the 80 ft. frontage. Mr. Zdon responded that the
Council must remember that Juliet is a dead end street at that point. If it was a through-street and
a developer had come in and made this type of dedication, it may have raised questions with staff.
However, since it is a dead end, Mr. Kratz is creating a driveable cul-de-sac.
Councilmember Benanav said that this is the kind of housing that is needed in St. Paul and he feels
it is a great project. He felt a wrong message would be sent to developers if this project is not
allowed and they would simply give up with attempting to build in St. Paul.
Councilmember Harris asked Mr. Zdon if Mr. Kratz wanted to build single family homes or fewer
units whether he would be required to go through the special condition use process (SCUP). Mr.
Zdon responded that Mr. Kratz is applying for a SCUP because it is a cluster development. He is
taking the land that could be used for single family homes and is massing the number of housing
units into a townhouse development.
Councilmember Harris said he is concerned that the number of units is still too high and that very
little has changed from action the Council took two years ago when they said it was not
compatible. He feels it would be too many units for this type of property and said he would like
to see the proposal come back with fewer units or single family homes. The design is not
compatible with the surrounding neighborhood nor with the land, Harris said. Also, he said he
felt there was a technical issue with the frontage but he acknowledge that would be the least
important reason for not approving the permit. The main reason is that the neighborhood consists
entirely of single family homes located between some major arterial, very busy streets. The
development is not compatible with the land, and there would have to be some significant
changes. He said he would like to see it come back substantially different from the proposal that
was denied by the Council two years ago.
Councilmember Harris moved to grant the appeal.
August 25, 1999 City Council Summary Minutes Page 16
Phil Byrne clarified the motion saying that if there was error on one or more of the findings of the
Planning Commission it would be the 80 ft. frontage, lack of harmony with the neighborhood and
the adverse impact of the design on the neighborhood.
Councilmember Coleman responded that if Harris' definition of compatibility is used, these types
of developments would never be allowed. In order to give meaning to the SCUP, one must be
able to say that a cluster development can be compatible with single family homes. He said he felt
this was similar to the one approved by the Council for the Lexington/St. Clair area.
Failed Yeas - 3 Nays - 4 (Benanav, Bostrom, Coleman, Lantry)
Councilmember Coleman moved to deny the appeal, approve the issuance of the Special Condition
Use Permit (SCUP), and adopt the findings and determinations of the Planning Commission as
contained in its Resolution 99-44 dated July 23, 1999.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 1 (Harris)
Councilmember Blakey moved to adjourn the meeting.
ADJOURNED AT 8:15 P.M.
,607/%4"4-
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson LY'As (f, \(k`kck
Assistant Council Secretary
rn/mce
/., P , , (,-,
; 'i _c) () i ) .,1\
x0. U J V
oN
ch Flii Cf) (
Ccsq �j� 4 '.1
J
t N v) ---- 4 ct
•e w -.
U ,�r g _'' 1 )J
cil
i L. L-
N
a
z
if
a d `� 0
W
a 1 V)