Approved Minutes 5-12-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, May 12, 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 by Councilmember Blakey
Present- 4 - Benanav, Blakey, Lantry, Reiter
Absent - 3 - Bostrom, Coleman, Harris(arrived later in the meeting)
CONSENT AGENDA (Items 1 - 22)
Councilmember Benanav requested Items 9 and 11 be removed for discussion at the request of
Councilmember Blakey.
Councilmember Lantry requested Items 10 and 14 be removed for discussion
Councilmember Lantry moved approval of the consent agenda as amended. Yeas- 4 Nays - 0
FOR ACTION
1. Claims of Donna Bolles, Amalia Christopherson, Pat Flannigan, Melva Holmes, and Jennifer
Weiler.
Referred to the Employee/Risk Management Office
2. Notice of Commissioners' Hearing in the matter of the Housing and Redevelopment Authority of
the City of Saint Paul vs. the City of Saint Paul, et al. regarding condemnation of certain real
property located in the City of Saint Paul.
Referred to the City Attorney's Office
3. Summons in Application for Registration in the matter of registration of title to certain property
located in the City of Saint Paul. (Allina Health System)
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge on June 3, 1999, 9:30 a.m., Room 40-A, City Hall-Courthouse, concerning the license
application of Vernon Crowe, dba Selby Wine & Spirits, 778 Selby Avenue.
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on May 26, 1999, to consider the application for a sound level
variance by Jane and Joe Anfang for a live music concert to be held on June 4, 1999, from 7:00 p.m.
to 9:00 p.m. at 2099 Selby Avenue.
May 12, 1999 City Council Summary Minutes Page 2
6. Administrative Orders:
D001700 Authorizing payment, not to exceed $350.00, to Events by Design for a Police
Department course entitled"Instructor Development."
D001701 Accepting State of Minnesota Petro Fund reimbursement and amending the budget in
the Division of Parks and Recreation Underground Fuel Tank Removal Project and
1999 Capital Maintenance Program.
Noted as on file in the City Clerk's Office
7. Resolution - 99-400 - Approving the appointment of Joseph Errigo, by Mayor Coleman, to the Saint
Paul Heritage Preservation Commission.
Adopted Yeas- 4 Nays- 0
8. Resolution- 99-401 - Approving the appointments of Carleton Crutchfield, LeClair Grier Lambert,
Amanda Welliver, and Lawrence Grewach, by Mayor Coleman, to the Saint Paul Human Rights
Commission.
Adopted Yeas - 4 Nays - 0
9. (Discussed after the consent agenda)
10. (Discussed after the consent agenda)
11. (Discussed after the consent agenda)
12. Resolution- 99-405 - Memorializing the decision of the City Council on March 10, 1999, granting
the appeal of St. Anthony Park Community Council to a decision of the Planning Commission
approving a site plan for an Amoco gas and convenience store at the northwest corner of Kasota
Avenue and Highway 280.
Adopted Yeas - 4 Nays - 0
13. Resolution- 99-406 - Accepting the print titled "The Spirit of Saint Paul Now and Forever. "
Adopted Yeas - 4 Nays- 0
14. (Discussed after the consent agenda)
15. Resolution- 99-408 - Finalizing City Council action taken April 28, 1999, approving the application
for a preliminary and final plat for the Cemstone Midway Addition.
Adopted Yeas - 4 Nays - 0
16. Resolution - 99-409 - Approving additional financing for the Dunning Recreation Building and
Stadium renovation.
Adopted Yeas - 4 Nays - 0
17. Resolution - 99-410- Approving sales tax to include use tax as part of Minnesota Statute 297A.48.
Adopted Yeas - 4 Nays - 0
May 12, 1999 City Council Summary Minutes Page 3
18. Preliminary Order- 99-411 - In the matter of sidewalk reconstruction on the south side of West
Idaho Avenue from North Oxford Street to West 200 ft., and setting date of public hearing for June
23, 1999. (File #S99011)
Adopted Yeas- 4 Nays - 0
19. Preliminary Order- 99-412 - In the matter of sidewalk reconstruction on the east side of North
Fairview Avenue from Hewitt Avenue to Pierce Butler Route and the west side of North Wheeler
Street from Hewitt Avenue to Taylor Avenue, and setting date of public hearing for June 23, 1999.
(File#S99012)
Adopted Yeas- 4 Nays - 0
20. Preliminary Order- 99-413 - In the matter of sidewalk reconstruction in various areas of Ward 1,
and setting date of public hearing for June 9, 1999. (File#599055-S99064)
Adopted Yeas - 4 Nays - 0
21. Preliminary Order- 99-414 - In the matter of sidewalk reconstruction in various areas of Wards 4
and 7, and setting date of public hearing for June 23, 1999. (File#S99074-599078)
Adopted Yeas - 4 Nays - 0
22. Preliminary Order- 99-415 - In the matter of sidewalk reconstruction in various areas of Wards 1
and 3, and setting date of public hearing for June 23, 1999. (File#599079-S99085)
Adopted Yeas - 4 Nays- 0
9. Resolution- 99-402 - Approving the appointments of Robert Awsumb, Clarice Gombold, Steven
Lehr, and Justin Mishek, and the reappointments of Douglas Gale, Randy Geller, Henry Kristal,
William Mason, III, and Abigail McKenzie, , by Mayor Coleman, to the
Business Review Council.
Nancy Anderson, Assistant Secretary to the Council, reported that Betsy Van Hecke had requested
that she not be reappointed and her name should be removed from the resolution.
Councilmember Benanav moved to remove Ms. Van Hecke.
Adopted as amended Yeas - 4 Nays - 0
10. Resolution - 99-403 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1401-1403 Midway Parkway,1540 Lincoln Avenue,
1295 Rice Street, 359 Maria Avenue, 910 Forest Street, and 414 Lexington Parkway North, Unit 4.
Adopted as amended Yeas- 4 Nays - 0
Councilmember Lantry requested to consider 910 Forest Street and 359 Maria Avenue separately.
Councilmember Lantry moved approval of the remaining addresses.
Adopted as amended Yeas - 4 Nays - 0
May 12, 1999 City Council Summary Minutes Page 4
(Coleman arrived)
359 Maria Avenue - Councilmember Lantry moved to deny the variance with respect to the front
door.
Roll Call Yeas - 5 Nays - 0 (Bostrom & Harris not present for vote)
910 Forest Street - Councilmember Lantry moved to lay over to May 19 at the request of Council
President Bostrom.
Roll Call Yeas - 5 Nays - 0 (Bostrom & Harris not present for vote)
11. Resolution- 99-404 - Approving the application for a Liquor Off Sale License, by Anita S. Keo, dba
Seven Bears Liquor, 1785 Seventh Street East. (Legislative Hearing Officer recommends approval
with conditions)
Nancy Anderson, Assistant Secretary to the Council, read an amendment to the first condition.
Councilmember Lantry moved approval.
Adopted as amended Yeas - 5 Nays - 0 (Bostrom & Harris not present for vote)
14. Resolution- 99-407 - Declaring June Capital City Pride Month, and June 19, 1999, Capital City
Pride Day.
Councilmember Coleman presented Chris Krivanek, Public Relations Director of Capital City Pride,
with a resolution declaring June as Capital City Pride Month and June 19, 1999 Capital City Pride
Day.
Councilmember Coleman moved approval.
Adopted Yeas - 4 Nays- 1 (Reiter)
FOR DISCUSSION
23. Resolution- 99-321 -Approving application for Auto Repair Garage and Second Hand Dealer-
Motor Vehicle Licenses by Nasseh Ghaffari, dba Heartland Auto Sales, 1236 Arcade Street.
(Legislative Hearing Officer recommends approval with conditions) (Laid over from May 5)
(Discussed before the public hearings - see page 6)
24. Update from Department of Planning and Economic Development staff on the 1999
Minneapolis/St. Paul Single Family Housing Program. (Update requested by the Council on April
14, 1999)
An update was presented at the Housing and Redevelopment Authority meeting on May 12, 1999.
May 12, 1999 City Council Summary Minutes Page 5
ORDINANCES
25. Final Adoption - 99-231 - An ordinance amending Sections 376.16 and 376.17 of the Saint Paul
Legislative Code; establishing taxicab driver training as a prerequisite for licensure. (Substitute
introduced and laid over from May 5)
Councilmember Coleman said he would vote against the ordinance because he finds it to be
unnecessary regulation and he does not feel a case has been made as to why the City would impose
the requirement and how it will solve some of the problems.
Councilmember Lantry moved approval.
Adopted Yeas- 4 Nays -1 (Coleman) (Bostrom & Harris not present for vote)
26. Final Adoption - 99-272 - An ordinance requiring the inspection and registration of certain rental
units in one and two family dwellings. (Amended and laid over from May 5)
(Discussed after Item 23 - see page 6)
27. Final Adoption - 99-273 - An ordinance amending Saint Paul Legislative Code Chapter 310 to
increase the Automated Pawn System Billable Transaction Fee to reflect enforcement costs.
(Laid over from April 21)
Councilmember Coleman said it was his understanding that this ordinance was going to be
withdrawn although he had not received notification to that effect.
Councilmember Coleman moved to lay over one week in order to get further information.
Laid over to May 19 Yeas - 5 Nays - 0 (Bostrom & Harris not present for vote)
28. Final Adoption- 99-353 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code to
accurately reflect current enforcement practices, to update appeals action, and to address emergency
vacate orders.
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 0(Bostrom&Harris not present for vote)
29. Second Reading- 99-395 - An ordinance to establish a distance limitation between establishments
licensed to sell 3.2 percent malt liquor at off-sale.
Laid over to May 26 for third reading/public hearing
30. Second Reading - 99-396 - An ordinance finalizing City Council action approving a petition for
Friends School of Minnesota to rezone property at 1365 Englewood Avenue from RM-3 to OS-1 to
allow expansion of the existing school. (Public hearing held October 28, 1998)
Laid over to May 19 for third reading
May 12, 1999 City Council Summary Minutes Page 6
31. First Reading - 99-416 -An ordinance finalizing City Council action approving the application of
Michael Nadeau to rezone property at 377 West Maryland Avenue from B-3 to R-4 to reflect current
use of the property. (Public hearing held January 27, 1999)
Laid over to May 19 for second reading
32. First Reading- 99-417 - An ordinance finalizing City Council action approving the application of
Cayuga Street, LLC to rezone property at 199/201 Cayuga Street from RT-1 to I-1 to allow
development of surface parking. (Public hearing held January 27, 1999)
Laid over to May 19 for second reading
The meeting was recessed from 3:50 - 5:30 p.m.
Roll call: Present- 7 Absent - 0
23. Resolution- 99-321 - Approving application for Auto Repair Garage and Second Hand Dealer-
Motor Vehicle Licenses by Nasseh Ghaffari, dba Heartland Auto Sales, 1236 Arcade Street.
(Legislative Hearing Officer recommends approval with conditions) (Laid over from May 5)
Council President Bostrom reported that the Community Council was still meeting with regard to
this issue.
Councilmember Blakey moved to lay over two weeks at the request of Council President Bostrom
Laid over to May 26 Yeas - 7 Nays - 0
26. Final Adoption - 99-272 - An ordinance requiring the inspection and registration of certain rental
units in one and two family dwellings. (Amended and laid over from May 5)
Councilmember Lantry moved approval.
Councilmember Blakey said he did not feel there should be a separate category between people
who rent and people who own property. He felt a judgement was being made that if someone is a
renter, the City will inspect the property, but if it is owner-occupied they are on a different
standard. He further expressed concern that if this was based more on problem properties rather
than a broad policy, it would have more impact. To put every landlord in the same category
clouds it too much, Blakey said. Blakey also said this is placing an additional tax on people and it
has broad powers. If someone wants to have Code Enforcement go into a renter's property, it
almost more broad discretion than what the police have, Blakey said.
Council President Bostrom noted that there have been several hearings on this issue and the
administration has heard it. He feels the fees are reasonable as they only amount to several cents a
day which he does not feel is a high price for clean dwellings in the City of St. Paul.
Adopted Yeas - 5 Nays - 2 (Benanav, Blakey)
May 12, 1999 City Council Summary Minutes Page 7
Discussion on Code Enforcement:
Fred Owusu, Citizen Service Office/City Clerk, appeared and responded to issues that were raised
by Councilmember Blakey at the Council meeting on May 5, 1999. In the first quarter of 1998,
215 tags were issued by the Code Enforcement Division. In the first quarter of 1999, 67 tags
were issued. the decrease in tags is primarily due to instruction from the City Attorney's Office
after discussions with referees in the court system. In the past, inspectors were writing multiple
tags for multiple violations on properties. Upon instruction from the City Attorney's Office and
the referees, multiple violations were combined into a single tag. This accounts for the decrease
in the number of tags in 1999.
There were 7,286 inspections completed in the first quarter of 1998 compared to 7,596 in the first
quarter of 1999. That correlates directly to work orders. In the first quarter of both 1998 and
1999, there were the same amount of work orders (222) that were sent to the Police Department
and the Division of Parks and Recreation.
Councilmember Blakey said the issue of code enforcement is very important and he's concerned
why the City Attorney's Office would be driving the policy on code enforcement. Mr. Owusu
responded that the City Attorney's Office is not actually directing the policy of the office. It is
their recommendation, and Mr. Owusu's philosophy, that the inspectors work hand-in-hand with
the property owners in cleaning up their properties. He said he has instructed the inspectors to try
to have more communication with the people they are working with in the community as opposed
to only writing tags. He said he has instructed them that the tags are a tool and not necessarily a
means to an end. If they are not getting compliance, then tags should be issued. However, if they
are able to work with people, he prefers that they do that as opposed to writing tags.
Mr. Owusu noted that presently they do not have a way of tracking how long it takes to resolve a
matter but they expect to be on-line in June.
Councilmember Blakey requested a report on the number of tags issued, by inspector, for the first
quarter of 1999.
Council President asked Phil Byrne, Assistant City Attorney, to explain the advice of their office
with regard to tags. Mr. Byrne responded that rather than write seven tags and have seven pieces
of paper going through the system, the advice is to write one tag with seven violations on it.
May 12, 1999 City Council Summary Minutes Page 8
PUBLIC HEARINGS
33. Resolution - 99-418 - Approving application for a sound level variance by the St. Paul Saints
Baseball Club for two live music concerts to be held at Midway Stadium, 1771 Energy Park
Drive, on July 17, 1999, from 1:00 p.m. to 10:00 p.m. and July 18, 1999, from 1:00 p.m. to
9:00 p.m. (Public hearing continued from May 5)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
34. Resolution- 99-419 - Concerning adverse action against the application of Gerald Grossman for an
Auto Repair Garage and Second Hand Motor Vehicle Dealer's License at 519 University Avenue.
(Uncontested)
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection(LIEP), appeared. She stated that Mr. Grossman was sent a notice of
Proposed License Denial dated March 2, 1999, by the City Attorney's Office indicating a number of
reasons why his license was proposed to be denied. He was told to contact the Attorney's Office by
March 12, 1999, if he wished to schedule the matter for an evidentiary hearing because he contested
any of the allegations. Ms. Palmer said she did not hear from Mr. Grossman. The basis for the
proposed denial is that Mr. Grossman initially submitted a license application for the property at 545
University Avenue only after it was discovered by a license inspector that he had been operating
there after another person had moved out. He then submitted an application and was told that
because he was displaying cars on the adjoining property, which he leased from that business, that
he would have to obtain a special condition use permit. He never did this and he never reduced the
car display area which is the basis for the recommended denial.
Ms. Palmer said if Mr. Grossman is contesting the allegations, he would have to go before an
administrative law judge for an evidentiary hearing.
Gerald Grossman, operator of Mr. Auto Broker at 545 University Avenue, appeared. He stated that
he applied for a license and paid the fee. It was explained to him what he needed but he said he did
not fully understand it.
Councilmember Harris suggested the matter be laid over one week and requested that Ms. Palmer
explain the procedures to Mr. Grossman so he understand what is happening.
Councilmember Blakey moved to lay over two weeks.
Laid over to May 26 Yeas - 7 Nays - 0
May 12, 1999 City Council Summary Minutes Page 9
35. Resolution- 99-420 - Concerning adverse action against the Master Plumber and Gas Fitter
Competency Card held by Richard Fischer, North Star Plumbing, 419 Beacon Avenue.
(Uncontested)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
(This item was reconsidered later in the meeting- see page 10)
36. Resolution - 99-421 - Concerning adverse action against the application for an Auto Body Repair
Shop License by Richard Diaz, dba Rick Diaz Auto Services, 933 Atlantic Street. (Uncontested)
Virginia Palmer, Assistant City Attorney requested this item be laid over two weeks.
Councilmember Reiter moved to lay over to May 26.
Laid over to May 26 Yeas - 7 Nays- 0
37. Resolution - 99-422 - Concerning adverse action against the Renewal Application for a Taxicab
Driver's License by Henry C. Hormann, 738 3rd Street East. (Uncontested)
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection(LIEP), appeared and gave a staff report. She stated that the
recommendation was for denial of the license based upon a conviction for obscene phone calls, a
misdemeanor charge, with a sentencing date of November 30, 1998. One of the conditions of the
sentencing was that Mr. Hormann was to inform the cab company of his conviction. LIEP did not
learn of the conviction until the matter came through for renewal and a record check was done.
Appearing in opposition to the revocation were:
Henry Hormann, 738 Third Street
Ann Lyman, Owner/Manager of Diamond Cab Company, 1322 Rice Street
Kent Klawitter, Head Dispatcher at Diamond Cab Company, 2002 Benson Avenue
Kay Flynn, 6 Irvine Park, customer of Diamond Cab Company
Marty Evenson, St. Paul resident
Scott Adams, 528 Portland Avenue
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Discussion ensued amongst the Councilmembers; Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
May 12, 1999 City Council Summary Minutes Page 10
38. Resolution- 99-423 - Removing the"No Parking 8AM-8PM, Monday-Friday, Except by Permit"
zone on the west side of Exeter Place between Mississippi River Boulevard and Otis Avenue and on
the west side of Exeter Place from Riverwood Place to 140 feet south.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
39. Resolution- 99-424 - Requesting the owner to remove or repair the building at 372 Clifton Street
within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, reported that this building has been vacant since June,
1998. The vacant building fee is not paid, taxes are not paid, licenses are not paid, bonds have not
been posted. No one appeared at the Legislative Hearing, however, he was told by Code
Enforcement that they had information, although not confirmed, that the property was sold to
Cynthia Mason. Mr. Strathman suggested that the resolution be approved and during the next 15
days if there is a new owner, they could come forward and present a plan for rehabilitation. Or, it
could be laid over and an attempt could be made to establish if there is a new owner. Mr. Strathman
showed pictures of the property.
Cynthia Mason, 363 View Street, appeared. She said she rented the property in June, July and
August of 1998. She now has proceeded to buy it and has the necessary paper work.
Gerald Maestas, 62 South Hamline Avenue, appeared and said he and Ms. Mason have a quit claim
deed on the house and they will go through the Housing and Redevelopment Authority to try to get a
low interest loan for improvements.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
40. Resolution- 99-425 - Making certain determinations and findings necessary for acquisition of a
parcel at the northeast corner of Pelham Boulevard and Myrtle Avenue.
Councilmember Benanav moved to lay over two week and continue the public hearing.
Laid over to May 26 for continuation of public hearing Yeas - 7 Nays - 0
(Coleman left)
May 12, 1999 City Council Summary Minutes Page 11
41. Final Order - 99-314 - In the matter of condemning and taking a permanent roadway easement to
improve the intersection of White Bear Avenue and Minnehaha Avenue.
(File #18895E) (Laid over from April 14)
Councilmember Lantry moved to lay over to June 9 and continue the public hearing.
Laid over to June 9 for continuation of public hearing
Yeas - 6 Nays - 0 (Coleman not present for vote)
(Coleman returned)
42. Final Order - 99-426 - In the matter of condemning and taking fee simple title for a property near
Mississippi Street and Cayuga Street for Phalen Boulevard and for part of the East Metro Bus
Facility. (File #18900)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Councilmember Harris asked for an explanation of the price. Dave Nelson, Real Estate Division,
said a price was listed as a budgetary number. The final order under consideration will begin the
process to have an independent appraiser appraise the property at which time they will have a
market value price of the property.
Adopted Yeas- 7 Nays- 0
Councilmember Benanav moved to reconsider Item#35 Yeas - 7 Nays - 0
35. Resolution- 99-420 - Concerning adverse action against the Master Plumber and Gas Fitter
Competency Card held by Richard Fischer, North Star Plumbing, 419 Beacon Avenue.
(Uncontested)
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection, presented a staff report. This matter concerned adverse action against the
competency card and trade license of Richard Fischer. It involved a permit that was pulled by Mr,
Fischer On December 20, 1996 to do plumbing work at 419 Beacon Avenue. The work was
performed by a subcontractor, Robert Brantjen, who is not a plumber. In October, 1998, problems
appeared at the home and upon inspection, it was found that the water line had been installed
through the sewer which is a violation of plumbing code. Action was being taken against the license
of Mr. Fischer because he pulled the permit and because he was the named plumber on the job. Ms.
Palmer noted that this exact situation was before the City Council approximately one year ago
involving the same sub-contractor but a different master plumber.
The recommended penalty is suspension for six months with five months stayed for a period of five
years on condition that there be no further violations. This is the same penalty that was imposed by
the Council on the previous violation heard by the Council.
May 12, 1999 City Council Summary Minutes Page 12
Richard Fischer, owner of North Star Plumbing appeared. He explained that he took out a permit
for the inside and outside water connections. The plumbing contractor does the inside connections
and the outside utility people, who do the underground utilities and have a license for excavating,
are allowed to run water into the house. They also call for the inspections. Mr. Fischer said he was
not aware of the problem until approximately six months ago. Another utility contractor was at the
property to correct the problem and Mr. Fischer said he was not even aware of that until he was
contacted by a water inspector. Ne noted that he has been in business for 25 years and has never had
a violation.
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Discussion ensued between the Councilmembers and Ms. Palmer.
Councilmember Benanav moved to impose a$500 fine and six months suspension stayed for five
years.
Adopted as amended Yeas - 5 Nays- 2 (Bostrom, Reiter)
43. Public hearing to consider the appeal of JLT Group to a decision of the Planning Commission
approving a site plan for a trucking facility at approximately 630 Prior Avenue North with
conditions regulating access to the site, noise, hours of operation and other issues.
(Reiter left and returned during the discussion)
Phil Byrne, Assistant City Attorney, stated that there were three appeals before the Council.
Favoring approval of a site plan, with or without conditions, is JLT Group. On the other side is the
Hamline Midway Coalition and the Sierra Club.
In response to a question raised by Councilmember Harris pertaining to public notification, Tom
Beach, Office of License, Inspections, and Environmental Protection(LIEP) clarified that a public
hearing notice was sent out that listed the appellants as JLT and the Hamline Midway Coalition.
The Sierra Club's application came in the previous week after the hearing notice had been sent and
there was not a separate notification.
Mr. Byrne added that in sending out the notices on the Hamline-Midway Coalition, if Mr. Beach
complied with the ordinance which requires owners of record of property within 350 feet of the
hearing and the issues at the hearing, the City Attorney's Office would consider it to be sufficient
notice to permit the Council to hear the Sierra Club at the same time.
Mr. Beach presented a staff report. In February, the JLT Group submitted a site plan for a new
trucking facility. The Hamline Midway Coalition asked the Planning Commission to hold a public
hearing on the site plan. On April 23, 1999, the Planning Commission voted to approve the site plan
with a number of conditions that were intended to minimize the impact of the trucking facility on
the nearby residential neighborhood. Three separate appeals have been filed asking the Planning
Commission to review the site plan. The first was filed by JLT asking that the Council remove
May 12, 1999 City Council Summary Minutes Page 13
some of the conditions limiting operations at the site. Hamline Midway Coalition filed next and are
asking that the site plan be denied on the grounds that it is not compatible with the nearby residential
neighborhood and that some of the conditions would be difficult to enforce. The third appeal was
filed by the Sierra Club. They claimed that the Planning Commission made a number of errors in
approving the site plan and requested that the Council deny the site plan as being incompatible with
the neighborhood.
JLT is the property owner, Mr. Beach said. They would build a trucking facility and it would be
leased and operated by Dawes Trucking which presently operates in Roseville. Most of Dawes'
business would involved bringing goods in from local businesses on smaller trucks and combining
the loads into bigger loads to fill up semi-trailers. The semi-trailers would go out-of-state, primarily
to the western part of the United States.
Mr. Beach noted that a trucking facility is a permitted use under the zoning for this property as it is
zoned light industrial and would not require a special condition use permit or any additional zoning
approval other than site plan review.
Appearing in support of the JLT appeal was Jerry Trooien, developer of the site.
Appearing in support of the appeal of the Hamline Midway Coalition were:
Ginger Hope, 1728 Blair Avenue
Cheryl Hammerlindl, 672 North Fairview Avenue
Ken Schuba, 1795 Blair Avenue
Tom Mahlum, 1729 Hewitt Avenue
Appearing in support of the appeal of the Sierra Club were:
Amy Hummel, 779 Clayland Street
Ronald Williams, 779 Clayland Street
Mr. Trooien responded to remarks made by some of the speakers.
Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Benanav extended his appreciation to Mr. Trooien for the good things he has done
for St. Paul. However, he said that trucking is not the ideal operation for this area. One of the
things St. Paul is trying to do is insure that the neighborhoods are stable and that business and
residents can co-exist. He said this neighborhood is very supportive of businesses but he feels it has
more than its share. He talked about the many complaints that he hears about the Burlington
Northern facility with regard to noise, lights, etc. It makes it difficult for the residents to enjoy the
neighborhood, for children to sleep at night, etc. This neighborhood has made a lot of progress in
the last several years and everything possible needs to be done to support it. To have 45 semi-trucks
going through the neighborhood each week would not be good, he said.
May 12, 1999 City Council Summary Minutes Page 14
From a legal standpoint, Benanav cited from the Zoning Code Provision 62.108c: "In order to
approve the site plan, the Planning Commission shall consider and fmd that the site plan is
consistent with the City's Adopted Comprehensive Plan and Development or Project Plan for the
sub areas of the City." This area does have a Comprehensive Plan that was adopted and is in effect-
"District 11 Plan adopted by the Saint Paul Planning Commission and subsequently adopted by the
Saint Paul City Council." Councilmember Benanav also cited several passages from this plan: Page
1,No. 6 - "Return North Fairview to a local residential street." Page 3 - "Insure that new industrial
uses harmonize with the District Plan" which in this case calls for enhanced residential
neighborhoods. This means that it's zoned I-1 and industrial operations are permitted but any new
industry has to be consistent with the plan. Councilmember Benanav said he does not believe that a
trucking facility is consistent with the plan of a stable, quiet neighborhood. Page 12 - "Noise from
truck traffic harms adjoining areas." The goal is: "Reduce and eventually eliminate all
environmental pollution."
Mr. Benanav said he felt there was a basis in this case to grant the neighbors' appeal given the fact
that the site plan does not comply with the City's Comprehensive Plan that was adopted.
Benanav further stated that some of the conditions listed are virtually impossible to enforce.
Councilmember Benanav moved to grant the appeal of the Hamline Midway Coalition and to deny
approval of the present site plan application. The Council finds that there was error in one or more
findings by the Planning Commission in that the Planning Commission did not give enough weight
to significant adverse impact of the proposed facility on the neighborhood. The facility will
substantially increase air pollution in the area and adversely affect nearby residential properties.
Trucks will be entering the facilities at all hours of the day and night, even when it is not open, and
the noise will be substantial. Noise, even during operating hours, will be substantial and adversely
affect the surrounding residential uses. Truck traffic will use Fairview and enforcement of efforts
and conditions will not be effective to stop that from happening. Approval of the site plan was
inconsistent with the District 11 General District Plan adopted as part of the City's Comprehensive
Plan which called for insuring that new commercial and industrial uses harmonize with present uses.
Abutting residential areas along Minnehaha and Fairview will be negatively affected by establishing
a new industrial use. Approval of the site plan will impose truck noise directly into a residential
district which is already besieged by truck traffic noise on Prior. Truck traffic noise is identified in
the General District Plan as a problem. The elimination of truck traffic noise was identified in the
District Plan as a goal. Approval of the site plan exasperates that problem.
Councilmember Harris said he does not agree with any of the appeals as he felt the Planning
Commission did a good job. The land is zoned industrial and the Council has been supportive of
increasing the tax base. JLT owns the property and he felt that aspect had some weight in the
matter. There would be less than seven trucks a day and 20 jobs. The property is pretty much
vacant right now and this would be a substantial investment in property that has been under-utilized
for years.
Councilmember Lantry said the property is zoned industrial so anything should be able to go there
except that the Zoning Code states in order to approve the site plan, the Planning Commission shall
May 12, 1999 City Council Summary Minutes Page 15
consider and find that the site plan is consistent with nine conditions. She said the site plan was not
consistent with this finding but it could be modified. If the argument is taken out that it is zoned
industrial and anything industrial can go there, it can be approached with what is needed to get site
plan approval. Ms. Lantry said if they look at it simply from a site plan review, the basis for denial
of JLT's appeal and granting the appeal of the neighborhood is the appropriate thing to do.
Councilmember Coleman said he does not feel this is good use of the land and that everything that
was said by the neighbors is accurate. However, one of the specific permitted uses under an I-1
industrial area is a trucking facility and a warehouse. If the Council votes with the neighborhood,
the action will be reversed by the courts, Coleman said.
Roll call on motion to grant the appeals of the Hamline Midway Coalition and the Sierra Club
Failed Yeas - 2 Nays- 5 (Blakey, Bostrom, Coleman, Harris, Reiter)
Councilmember Benanav moved to deny the appeal of JLT Group and approve the Planning
Commission's recommendations with the following changes: given the neighborhood's concerns
about enforcement of the site plan conditions, condition approval of the site plan by adding an
additional condition eliminating the site plan approval to one year terms renewable only after the
staff makes an annual report to the Planning Commission on the operations of the facility and a
finding by the Planning Commission that the facility is being operated in compliance with the
conditions of the site plan. Given neighborhood concerns about noise from facility operations,
condition approval of the site plan based upon the findings and recommendations of the sound level
assessment prepared for JLT by Braslau&Associates and direct staff to amend site plan condition
no. 5 pertaining to noise analysis and noise mitigation to provide that the site plan conditions also
require: 1)that the so called second building be in place before operations commence at the facility
in order to protect homes in the adjacent residential areas from night time noise from trucking
operations as well as protect those residential areas from direct and reflected noise from trucking
operations. And, that a new noise study be conducted prior to the operation of the facility and after
the so called second building is in place. And, that the Council have an opportunity to review prior
to operation; 2)that any public address systems which must be constructed. be done in a way so as
to eliminate public address noise from such systems from adjacent residential areas; 3) that any
mechanical equipment not specifically analyzed must be constructed and configured to comply with
applicable state and municipal noise standards in order to protect adjacent residential areas; 4)no
entrance on Minnehaha; 5) limit the number of trucks entering to 45 trucks per week; 6)that sound
mitigation shall be incorporated on the north end along Minnehaha Avenue.
Motion to deny the appeal of JLT Group, and approve the site plan and the findings, conclusions and
recommendations of the Planning Commission with amendments as listed above.
Adopted Yeas - 5 Nays -2 (Harris, Reiter)
May 12, 1999 City Council Summary Minutes Page 16
Councilmember Blakey moved to adjourn the meeting.
ADJOURNED AT 8:40 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Ande on \ \c c o
Assistant Council Secretary
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