Approved Minutes 1-6-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, January 6, 1999 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Saint Paul, Minnesota
The meeting was called to order to at 3:35 p.m. by Council President Bostrom..
Present- 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman(arrived later in the meeting)
CONSENT AGENDA (Items 1 - 23)
Councilmember Lantry requested Item 12 be removed for discussion.
Councilmember Bostrom requested Item 13 be removed for discussion.
Councilmember Blakey moved approval of the consent agenda as amended. Yeas - 6 Nays - 0
FOR ACTION
1. Claims of Grant Bresnahan, Patricia Crumley, Gerinda Boyd/Tom Demarrias, Chi Huynh,
Thomas Kingrey, Brian Knops, Roseanne Juenemann, Jose Melendez, Raymond Simpson,
Scuba Doo Dive Center (Pete Petersen), Terry Wilson, and Sang Xiong.
Referred to the Employee/Risk Management Office
2. Summons and Complaint in the matter of Nancy Finch vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
3. Notice of Motion and Motion for Order to Disburse Partial Payment as to Parcel 1 in the
matter of the Port Authority of the City of Saint Paul vs. D.S.P.O.T., L.L.C.; S.M.K.
Enterprises, Inc. et al.
Referred to the City Attorney's Office
4. Letter from the Office of License, Inspections, and Environmental Protection announcing a
public hearing before the City Council on January 13, 1999, to consider the appeal of
James and Bonnie D'Aquila to a decision of the Board of Zoning Appeals granting a lot
split variance in order to subdivide property at 5 Crocus Hill into two parcels along the
existing zoning line.
5. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on January 13, 1999, to consider the application for a final
plat review submitted by Mendota Homes Inc. to allow the existing residential property to
be subdivided into separate lots.
January 6, 1999 City Council Summary Minutes Page 2
6. Letter from the Real Estate Office announcing a public hearing before the City Council on
January 27, 1999, to consider the vacation of part of the alley in Marshall's Division of
Lots 3, 4 & 5, Block 6 Ames Outlots; City Council District 7, Planning District 2.
7. Communications from the Minnesota Department of Human Rights in the matter of
individual charges filed by Karin E. Anderson, Maureen J. Dolan, Reyne F. Rofuth, Gail
L. Langfield-Seiberlich, Lisa L. Veith, and Moua Xiong against the City of Saint Paul.
8. Administrative Orders:
D001633 Amending the 1998 budget of the Housing Information Office by transferring
$5,032.00 to the General Fund for the PC replacement program.
D001634 Authorizing the expenditure of$1,000.00 by the Marketing and Promotions
Office to underwrite the cost of the East Side neighborhood clean-up.
D001635 Amending the 1998 budget of the General Fund for the PC replacement
program.
D001636 Allocating funds from the Neighborhood Investment Program to the North
End Area Revitalization, Inc.
D001637 Allocating funds from the Neighborhood Investment Program to the Hamline
Midway Coalition for the Hamline Park Playground Building Renovation
Project and to the Northeast Neighborhood Development Corporation for the
White Bear Avenue Minnehaha Streetscape Project.
D001638 Allocating funds from the STAR Business Revolving Loan Program for
$54,000 to the Sibley Plaza Project.
Noted as on file in the City Clerk's Office
9. Resolution - 98-1137 - Approving the Memorandum of Understanding between the City
and AFSCME Council 14, Locals 2508 and 1842 regarding the 1999 change in the lead
abatement enforcement program for the Lead Hazardous Paint Program. (Laid over from
December 23 for adoption)
Adopted Yeas - 6 Nays - 0
10. Resolution - 99-01 - Approving the appointment of Susan Kimberly, by Mayor Coleman,
as Executive Assistant to the Mayor and Acting Mayor in the absence or disability of the
Mayor, effective January 4, 1999.
Adopted Yeas - 6 Nays - 0
11. Resolution - 99-02 - Approving the appointment of Michael Campbell, by Mayor
Coleman, as Assistant to the Mayor, effective December 28, 1998.
Adopted Yeas - 6 Nays - 0
12. (Discussed after the consent agenda)
13. (Discussed after the consent agenda)
January 6, 1999 City Council Summary Minutes Page 3
14. Resolution - 99-05 - Authorizing payment of$10,000 to Francis Wells in full settlement of
her claim against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
15. Resolution - 99-06 - Authorizing the Saint Paul Police Department to enter into an
agreement with Dakota County Technical College to use their Defensive Driving Course
facility to train Saint Paul Police Department volunteers.
Adopted Yeas - 6 Nays - 0
16. Resolution - 99-07 - Approving a five-year extension of Lease Agreement PW/3 providing
19,000 square feet of parking space for Health Partners, Inc. at its Como Avenue Clinic.
Adopted Yeas - 6 Nays - 0
17. Resolution - 99-08 - Authorizing the withholding of tax forfeit parcels for 1998 from
public sale.
Adopted Yeas - 6 Nays - 0
18. Resolution - 99-09 - Authorizing the Housing Information Office to accept a Housing and
Urban Development (HUD) housing counseling grant in the amount of$27,716.00.
Adopted Yeas - 6 Nays - 0
19. Resolution - 99-10 - Authorizing the Division of Parks and Recreation to use $81,000.00
of 1998 CIB Contingency Funds to restore portions of Town Square Park.
Adopted Yeas - 6 Nays - 0
20. Resolution - 99-11 - Approving the disbursement of Youth Programs funds to the
following organizations: Como Zoo/Conservatory Education, Eastview Booster Club,
Edgcumbe Community Hockey Booster Club, Frost Lake Booster Club, Girls Are the
Future, Glancey's Gym, Hayden Heights Youth Alliance, Jimmy Lee Booster Club, Lower
East Side Football, Merriam Park Booster Club, Midway Area Youth Athletic Club, Pride
In Service, St. Paul Science Fair Support Group, Sports For Life, and Youth Express.
Adopted Yeas - 6 Nays - 0
21. Resolution - 99-12 - Establishing a 1998 Phalen Wetland Restoration Phase III project by
accepting a Board of Water & Soil Resources (BWSR) grant in the amount of$325,000.
Adopted Yeas - 6 Nays - 0
22. Resolution - 99-13 - Authorizing execution of a Joint Powers Agreement between MnDOT
and the City for design of the new Arcade Street Bridge.
Adopted Yeas - 6 Nays - 0
January 6, 1999 City Council Summary Minutes Page 4
23. Resolution - 99-14 - Amending the spending and financing plan of Ohio Street
Reconstruction by transferring MSA and PIA funding from 1997 MSA Contingency, 1994
Contingency and 1997 Local Street and Sewer projects.
Adopted Yeas - 6 Nays - 0
MISCELLANEOUS
42. Recognition of retiring City employee Carolyn Weber, Public Health.
Carolyn Weber was recognized by the City Council for 36 years of service to the City.
12. Resolution - 99-03 - Recognizing Jayne Lathier for her many contributions to the City.
Councilmember Lantry read a resolution recognizing Jane Lallier as a community activist in the
City of Saint Paul and extended best wishes as Jane will be leaving Minnesota due to a job
transfer.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
13. Resolution - 99-04 - Accepting State grant money to implement a Community Courts calendar and
provide funding to hire staff in the City Attorney's Office to handle cases assigned to this court.
Council President Bostrom presented a substitute resolution and Councilmember Blakey moved
approval.
Substitute (Page 1) introduced and adopted Yeas - 6 Nays - 0
FOR DISCUSSION
24. Resolution - 98-1121 - Approving the appointment of George Fremder, by Mayor Coleman, to
District Energy St. Paul, Inc. Board of Directors. (Laid over from December 23)
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
25. Resolution - 98-1133 - Adopting the Land Use Plan as an amendment to the Saint Paul
Comprehensive Plan. (Laid over from December 23)
Councilmember Benanav stated that staff from the Department of Planning and Economic
Development requested that this issue be discussed at the next policy session of the City Council.
Councilmember Benanav moved to lay over two weeks.
Laid over to January 20 for policy discussion Yeas - 6 Nays - 0
January 6, 1999 City Council Summary Minutes Page 5
26. Resolution - 98-1146 - Approval of the First Amendment to Arena Lease. (Laid over from
December 23)
Council President Bostrom requested that this resolution be laid over one week.
Councilmember Lantry moved to lay over to January 13.
Laid over to January 13 Yeas - 6 Nays - 0
27. Resolution - 99-15 - Approving the proposed items of support for the City's 1999 Legislative
Agenda.
Bill Huepenbecker and Mary Ellen Mische, Mayor's Office, were present. Council President
Bostrom noted that all the Councilmembers had met previously with them and did not feel there
were any concerns or questions.
(Coleman arrived during the discussion)
Councilmember Harris presented an amendment at this time for Item #28 requesting that the State
Legislature relax some of the MSA requirements in the City's street paving projects. The idea
would be to give cities of the first class more leaway in street reconstruction in order to be more
consistent with initiatives St. Paul has taken regarding traffic calming, pedestrian safety, etc.
Harris said he felt further discussions would be required with the Department of Public Works and
the delegation as to how to proceed. Bostrom accepted the amendment as friendly.
Councilmember Coleman asked what the proposal and plans are to assist in lobbying on the
housing issue. Mr. Huepenbecker responded that housing entails three items which have come out
of the housing corridor group. He said they have been working with Legislators, Ramsey County,
and some of the Councilmembers in an attempt to get more money for housing for the City of
Saint Paul. The three items are: 1) to provide 1% of the State's budget for housing - presently it
is .4%; 2) if the City should decide to dedicate some of the STAR money for housing, that they
look for a match from the State; 3) mortgage and de-tax - to keep the money raised through the
mortgage and de-tax with the country rather than send it through the State.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
28. Resolution - 99-16 - Approval of the 1999 City of Saint Paul Legislative Initiatives.
(See discussion under Item 27)
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
(Coleman left)
January 6, 1999 City Council Summary Minutes Page 6
29. Resolution - 99-17 - Approval of the League of Minnesota Cities' 1999 City Policies for
Legislative and Administrative action.
Bill Huepenbecker, Mayor's Office, explained that these are the policies from the League of
Minnesota Cities. It is something the City participated in through the League's committee and it
is their legislative agenda items for this session which the City is supporting.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
30. Resolution - 99-18 - Approval of the Association of Metropolitan Municipalities' 1999 Policies
and Legislative Proposals.
Bill Huepenbecker, Mayor's Office, stated the Association of Metropolitan Municipalities (AMM)
has a process similar to the League of Minnesota Cities where their policies are developed through
committees and approved by their board. Council President Bostrom added that these are items
that could affect metropolitan communities and St. Paul is part of a unified process to get
approval.
Mr. Huepenbecker stated that one of the items they were able to include as part of the AMM
agenda was a support item listed with the tree re-planting money.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
31. Update by the Administration on the progress of the Electronic Computerized License Inspection
and Permit System (ECLIPS). (Update requested by the Council on November 4, 1998)
Bob Kessler, Director of the Office of License, Inspections and Environmental Protection (LIEP),
stated that LIEP has negotiated and signed a very good contract. He said they plan to focus on
completing the project by October 1, 1999, within the approved budget. In a handout distributed
earlier, Mr. Kessler said there was a summary of the budget history of the project including the
amount of money that was spent on ECLIPS 1 and the amount of money that has been encumbered
for the completion of the project called ECLIPS 2. He noted that they are under-budget at this
point. With a completion date of October 1, there will be ample time to ensure that it is Y2K
compliant and that it works in integrated form with the rest of the systems that have already been
developed. Mr. Kessler stated that the first part is presently functioning. This includes licenses,
gambling enforcement, and certificates of competency. The last portion, which includes permits,
inspections, and the review function, will be on-line and functioning by October 1, 1999.
January 6, 1999 City Council Summary Minutes Page 7
ORDINANCES
32. Final Adoption - 98-1055 - An ordinance amending Section 33.05 of the Saint Paul Legislative
Code pertaining to the City's Certificate of Occupancy Program by exempting multi-family
residential buildings that are owner occupied and providing for new inspection guidelines for
renewal of non-residential Certificates of Occupancy to be based on the hazard of the occupancy.
(Substitute introduced on December 2)
Councilmember Lantry moved approval
Adopted Yeas - 6 Nays - 0
33. First Reading - 99-19 - An ordinance placing the position entitled Parks and Recreation Director,
formerly entitled Superintendent of Parks and Recreation, in the unclassified service pursuant to
Section 12.03.2(H) of the City of Saint Paul Charter.
Phil Byrne, Assistant City Attorney, informed the Council that under the Charter in order to place
this position in the unclassified service, it has to have the consent of the Civil Service
Commission. Mr. Byrne proposed that Section 4 be amended to read "this ordinance shall take
effect and be enforced 30 days from and after its passage, approval, publication, and consent
thereto by the Civil Service Commission as provided by the Charter."
Councilmember Blakey moved approval as amended.
Amended and laid over to January 13 for second reading Yeas - 6 Nays - 0
34. First Reading - 99-20 - An ordinance amending Chapter 21 of the Saint Paul Administrative Code
entitled Officer's Qualifications by establishing minimum qualifications for the unclassified
position of Parks and Recreation Director.
Phil Byrne, Assistant City Attorney, noted that Section 3 should include the words "approval and
publication."
Councilmember Blakey moved approval as amended.
Amended and laid over to January 13 for second reading Yeas - 6 Nays - 0
Reconsidered Item
Councilmember Benanav moved to reconsider the following issue. Yeas - 6 Nays - 0
Public hearing to consider the vacation of the DeCourcy Circle for better parking on and near the
Merrill Corporation. (This public hearing was withdrawn at the December 23 City Council
meeting)
Council requested that Gerry Strathman, Council Research Director, schedule a public
hearing date. Yeas - 6 Nays - 0 (Coleman not present for vote)
January 6, 1999 City Council Summary Minutes Page 8
Suspension Item
Councilmember Benanav moved for suspension of the rules and approval of the following
resolution:
Resolution - 99-22 - Directing the Saint Paul Planning Commission to consider the Saint Anthony
Park Special Sign District Plan and forward a recommendation to the City Council by February
24, 1999.
Adopted Yeas - 6 Nays - 0
The meeting was recessed from 4:10 to 5:35 p.m.
Present - 6 Absent - 1 (Blakey - arrived later in the meeting)
At the request of Council President Bostrom, Councilmember Harris moved to amend the agenda by
moving Item #39 to follow Item #37. Yeas - 6 Nays - 0
PUBLIC HEARINGS
35. Third Reading - 98-1117 - An ordinance amending Saint Paul Legislative Code Chapter 200 to
allow pet shops and pet grooming facilities to be deputy dog license vendors.
(Items 35 & 36 were discussed together)
Bob Kessler, Director, Office of License, Inspections, and Environmental Protection (LIEP),
explained that these were proposals that were developed by the Business Review Council (BRC)
and were in reaction to a change the Council enacted over two years ago whereby a contract was
established with Deputy Registrars where organizations were allowed to license dogs, either pet
shops or veterinarians, for $1.50 of the regular fee. It did not gain a lot of notoriety, no one was
participating, and LIEP could not determine what kind of an incentive would be appropriate to get
more dogs licensed, which is the goal.
The BRC thought there were two problems: 1) that the incentive was not high enough, and 2) that
the City's procedures were probably too complicated and private agencies such as veterinarians
and pet shops would not want to deal with the red tape.
LIEP is suggesting that the pet shops and veterinarians keep the $10 fee, which is the annual fee
for the initial licensing of the animal. Also, they have streamlined the procedures and were able
to convince some pet shops and some vets to participate in the program.
Mr. Kessler said LIEP is eager to begin the process to see how many additional animals can be
licensed. Presently, their estimate is that only about 30% of the animals in the City are licensed
and this kind of an incentive could increase it to as much as 50%.
January 6, 1999 City Council Summary Minutes Page 9
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 6 Nays - 0 (Blakey not present for vote)
Laid over to January 13 for final adoption
36. Third Reading - 98-1118 - An ordinance amending Saint Paul Legislative Code Chapter 347 to
allow pet shops to act as deputy dog license vendors and establishing an incentive for doing so by
permitting the pet shop to retain the initial license fees.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 6 Nays - 0 (Blakey not present for vote)
Laid over to January 13 for final adoption
37. Final Order - 99-21 - In the matter of opening and extending the alley in Block 2, Keller's
Subdivision of Block 11 by condemning and taking a permanent easement for alley purposes.
(File #18890)
Peter White, Real Estate Division, stated that this item is a proposal to re-open part of an alley
that was vacated a number of years ago. The area is bounded by 7th , 6th, Maple, and
Eichenwald Streets. The property owner at 750 E. 7th Street has petitioned to open a 20 ft.
section of the alley in order to provide access to the garage. Mr. White stated that the property
owner at 410 Maple is opposed to the opening and it is up to the City Council to decide whether it
is a public improvement they want to go forward with or not. The section of alley from where it
is currently, to Maple Street, was vacated in 1960.
(Coleman left and returned)
Councilmember Lantry explained that the north side of the garage at 750 E. 7th St. has basically
been used for storage partly because the alley was vacated and they don't have a lot of access to it,
but now they would like to use it. Mr. White responded that the main garage door faces the
vacated alley and to access the garage, the property owner would have to drive over private
property and that is his understanding why they petitioned to open the alley. When the alley was
vacated, the property was split 50/50 down the middle and the north half went to the property on
7th Street and the south half went to the property on Maple Street.
Appearing and speaking against opening the alley was Alen Kilgore, 410 Maple Street.
Appearing and speaking in support was Jane Haatvedt, business owner at 746 E. 7th Street.
Councilmember Lantry moved to close the public hearing Yeas - 7 Nays - 0
Councilmember Lantry and Harris expressed concern that the neighbors cannot work this problem
out. Councilmember Harris felt this is a small area and it should be opened.
(Blakey arrived)
January 6, 1999 City Council Summary Minutes Page 10
Phil Byrne, Assistant City Attorney, explained that this is a public improvement. The City would
acquire the parcel of property and get a cost from the petitioning owner. The issue is whether or
not it will be a public improvement and if the public benefit justifies the use of the City's power of
eminent domain to acquire it through that route. The fact that it might just benefit one owner is
not the test. It may be a public, community, or neighborhood development if those facts are
found to be true. It's not really an issue as to adverse possession or who's doing right or wrong to
whom, Byrne said, it's whether or not it's a public improvement.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
(Taken out of order)
39. Public hearing to consider the report of the Administrative Law Judge concerning the Renewal
Application for a Taxicab Driver's License by James Coners, 313 Dale Street. (Laid over from
December 23)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections, and
Environmental Protection (LIEP), provided a staff report saying that this matter was back before
the Council on a report of an Administrative Law Judge (ALJ). This matter was first in front of
the Council on a recommendation for denial of renewing the taxicab driver's license based upon
the fact that there were felony convictions on the record of the applicant. The matter was referred
to an AU to determine whether there was sufficient evidence of rehabilitation under Minnesota
Statute to issue Mr. Coners a license. The ALJ recommended that the license be issued with a
condition that Mr. Coners undergo regular urine analysis and that there be negative results of
those tests. Ms. Palmer said it was the recommendation of the Office of LIEP that the Council
accept the ALJ's report and recommendation.
Councilmember Coleman asked if a condition could be added that Mr. Coners be in compliance
with all terms and conditions of his probation as opposed to just the urinalysis as he felt any
violation of his probation should be a violation of the license. Ms. Palmer replied in the
affirmative.
Council President Bostrom asked if there was a possibility of suspending the license for any
violation pending a hearing as opposed to revoking the license.
Phil Byrne, Assistant City Attorney, responded that if there is any adverse action, the licensee
must go through the due process hearing requirements.
Council President Bostrom expressed concern about this issue and Ms. Palmer advised that Mr.
Conors agreed to a condition that if there was a report of a negative urinalysis, he would agree to
suspension of his license until such time as there could be a hearing.
Mr. Conors appeared and told the Council that he agreed to the conditions imposed on the license.
January 6, 1999 City Council Summary Minutes Page 11
Councilmember Lantry moved to close the public hearing and approval. Yeas - 7 Nays - 0
Councilmember Harris moved approval as amended.
Adopted Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge -
License granted with conditions. Yeas - 7 Nays - 0
38. Public hearing to receive input on the Lease and Hockey Playing Agreement Amendments and the
Financing for RiverCentre Area Project.
A report was presented by Pam Wheelock, Director of the Department of Planning and Economic
Development, and Joe Reid, Director of Financial Services.
Paul Erickson, Executive Director of the Amateur Sports Commission, appeared and stated that as
stipulated by the Legislation, The Amateur Sports Commission, a State agency, was required to
enter into an agreement with the hockey team for the purpose of the lease. On December 28,
1998, the Minnesota Amateur Sports Commission, the Minnesota Wild, and the Attorney Generals
Office executed an agreement that was submitted to the Department of Finance. It is a 26 year
agreement which they believe satisfies the one component of the legislation.
The following individuals appeared spoke in opposition:
Kenneth Zapp, 586 Holly Avenue #7, speaking as a City resident and a representative for City
Care St. Paul
Bernie Hesse, 1602 Thomas Avenue
Don Ludeman, 1504 Selby Avenue
Rita Cunningham, 1827 East 7th Street
Scott Scantlen, 554 W. Central Avenue
Kristin Gay, 1012 Grand Avenue
John Slade, 1005 Conway Street
The following individuals appeared and spoke in support:
Robyn Hansen, 2270 World Trade Center
Dick Zehring, Chairman of the Board, RiverCentre Authority
Jeff Peterson, Director of Public Affairs, St. Paul Area Chamber of Commerce
John Foley, 3353 Park Avenue #1, Minneapolis (associated with an inner city hockey program)
Alana Blahoski, 771 E. Nebraska Avenue, member of the 1998 Women's Olympic Hockey Team.
Paula Maccabee, 1961 Selby Avenue, provided comments, neither for or against.
Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0
Additional discussion ensued between Ms. Wheelock and Councilmembers.
January 6, 1999 City Council Summary Minutes Page 12
The meeting was recessed from 7:00 - 7:20 p.m.
Present - 7 Absent - 0
40. Public hearing to consider the appeal of Peter Maranda to a decision of the Board of Zoning
Appeals denying a setback variance and a variance of the maximum allowable size for an
accessory structure at 1904 Ashland Avenue.
Councilmember Benanav stated that, after consulting with the city attorney, he was excusing
himself from this discussion.
John Hardwick, Office of License, Inspections, and Environmental Protection (LIEP), provided a
staff report stating that in September, 1998, the district building inspector noticed that a garage
was being constructed at 1904 Ashland Ave. It was then determined that there was no permit for
the garage and the inspector informed Mr. Maranda to stop work and obtain a building permit
within 48 hours. On October 1, 1998, the inspector went to the property and found that the
garage construction had been finished and a permit still had not been obtained.
Mr. Hardwick continued saying that on October 5, 1998, Mr. Miranda applied for variances at the
Office of LIEP which was necessary in order to get the building permit.
On November 23, 1998, the Board of Zoning Appeals had a public hearing on the requested
variances. The Board reviewed the staff findings, took testimony from the applicant, testimony
from people in opposition, and voted to deny the requested variances. The Merriam Park
Community Council held a meeting on this issue and did not support the requested variances. The
LIEP staff recommendation was for denial of the requested variances based on the fact that there
was no hardship, a reasonably sized garage of 1000 sq. ft. could be constructed on the property
without a need for any variances, the plight of the landowner was self-created in that had he
applied for the required permits prior to starting construction, he would have been informed of the
need to redesign the structure, and that the proposed variance was not in keeping with the spirit
and intent of the code in that Mr. Miranda did not obtain the necessary building permit before
starting construction, and that he ignored orders from the building inspector and thereby
constructed a building that was not inspected and there was no way to determine whether that
building was a safe building according to the building code standards.
In response to a question of Councilmember Reiter, Hardwick stated that a permit could not have
been obtained unless the variances were granted for the structure and the variances were never
granted.
Councilmember Harris asked what type of tags could be issued or action taken because of the
violation. Mr. Hardwick responded that the owner could be required to remove the garage, or if
the Council decided to uphold the findings of the Board of Zoning appeals and denial but yet
modify their findings and grant one of the variances, such as the variance for the size of the
structure but deny the variance for the setback, the garage could be moved back four feet on the
January 6, 1999 City Council Summary Minutes Page 13
property. If the Council decided to deny the size variance and grant the setback variance, the
garage could stay where it is, but the applicant could remove two feet from the end of the garage.
Mr. Hardwick further stated that there are options for fines in the Legislative Code that allow
LIEP to charge a double fee for a permit when the work has been done prior to obtaining a
permit. There is also an option for charging a double fee up to a maximum of$200 for a variance
application.
In response to Councilmember Lantry, Hardwick said the basis for the Council to overturn the
decision of the Board of Zoning appeals is that there has to be a finding of error either in
procedure, facts, or findings as determined by the Board.
(Benanav and Coleman left)
Mary Maranda and Peter Maranda, property owners, appeared and provided background
information as to what had transpired prior to building the garage. Mrs. Maranda maintained that
Mr. Miranda was told by the inspector to obtain a building permit and that nothing was said about
variances. However, in a later meeting with Mr. Hardwick, they were advised to obtain variances
as well as to circulate a petition amongst their neighbors to get the required approval, which they
did. She further stated that since the work had been started they were under a timeline. She
maintained that they did not know that a permit was required to rebuild a garage that was once
there.
Peter Maranda said they had just a small amount of time at the hearing of the Merriam Park
Community Council and they could not give an adequate presentation at that time. He reiterated
that, because he was replacing an existing garage, he did not feel a permit was required. He noted
that the house and original garage were built in 1912. The setback for the new garage is the same
as the previous garage.
Appearing in opposition to the appeal was Bonnie Lawrence, 1896 Ashland Avenue.
Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0 (Benanav &
Coleman not present for vote)
(Coleman returned)
A lengthy discussion ensued concerning what action could be taken besides having the garage
removed as there was consensus that the zoning code must be followed..
Councilmember Harris moved to grant the variance and requested that Mr. Hardwick research
what type of fine could be imposed.
Phil Byrne, Assistant City Attorney, advised the Council that they could deny the appeal and not
grant the variances, and ask that staff consult with Mr. Maranda to discuss a solution, something
January 6, 1999 City Council Summary Minutes Page 14
short of removing the garage, to bring it into compliance. He also suggested that LIEP could
obtain a contractor or Engineer to inspect the garage.
Councilmember Reiter also requested that a building inspector look at the quality of the
construction. Mr. Hardwick responded that if a building permit is issued for the garage, the
building inspector would do a complete inspection of the structure at that time.
Councilmember Lantry said she was not willing to grant the variance and then fmd out later that
they did not have the ability to impose a significant fine.
Councilmember Lantry moved to lay the matter over one week to have staff look into the options
available to impose a substantial fine.
Laid over to January 13 Yeas - 6 Nays - 0 (Councilmember Benanav abstained from the
discussion)
41. Public hearing to consider the appeal of Louie's Billiards, Inc. to a decision of the Planning
Commission denying a special condition use permit to allow a billiard hall at 1992 Suburban
Avenue.
(Benanav returned)
(Bostrom left & Harris assumed the Chair)
Martha Faust, Department of Planning and Economic Development, provided a staff report. She
stated that in September, 1998, an application was received from Lew Schaar to establish a billiard
hall at Scenic Hills Shopping Center which is zoned B2. A billiard hall requires a special
condition use permit. The Zoning Committee held two public hearings and at the close of the
second hearing voted 5-0 to deny the request. The Planning Commission upheld the Committees
recommendation for denial on a vote of 15-0 on November 20, 1998. The reasons the Planning
Commission gave for denial were that the use would be detrimental to the existing character of the
development in the immediate neighborhood or endanger the public health, safety, and general
welfare, that the use would impede the normal and orderly development and improvement of
surrounding property for uses permitted in the district, and that the use does not conform to the
applicable regulations of the district in which it is located. Ms. Faust stated that these are three of
the five required fmdings in order to grant a special condition use permit. The primary reason the
Planning Commission gave on which their denial was based was that the use did not have adequate
parking due to peak parking overlap with other uses in the shopping center and, therefore, the
proposed share parking plan would not be adequate to serve the use.
(Bostrom returned)
(Harris left and returned)
Lew Schaar, applicant, appeared. He stated that at the time he filed for the special condition use
permit, he was asked to meet with the district council to "get a feel for the neighborhood." He
did this, received full support and then some confusing things happened after that, he said. He
stated that even though this is a zoning issue, a lot of things were brought out regarding a pool
January 6, 1999 City Council Summary Minutes Page 15
hall business. He stated there is a lot of misconception regarding pool halls. His plans are to
have 11 tables which by today's standards is very small. He stated that the game of pool is
experiencing a tremendous growth. At the public hearings, Mr. Schaar said there was concern as
to who would patronize the business. The clientele will be the people who live in the community,
he said, and he will not be bringing crime into the area. He noted that young people need things
to do and there is not much for them to do in this community.
Mr. Schaar stated that there were concerns that this business would be detrimental to the
neighborhood and he felt those concerns were very adequately addressed. However, he
questioned how a neighborhood or community could pre judge a business. He noted that a 9:00
p.m. curfew will be imposed for anyone under the age of 18.
Mr. Schaar said that the primary reason for the denial was the shared parking issue. The pool
hall's peak business hours would be from 7:00 p.m. to 11:00 p.m. He said he met with the
manager of the drug store and their peak hours are from 4:00 p.m. to 6:00 p.m. Monday through
Friday and 3:00 to 5:00 p.m. on Saturday.
The owner of the Scenic Hills Shopping Center, appeared and talked about the businesses that
originally were in the shopping center and the changes that have taken place with retail. He stated
that the only way a small shopping center has to compete is to offer an alternative to the big
shopping centers and this type of a usage works out very well. It would not be a user of parking
spaces during the day.
Appearing in opposition to the billiard hall was Matthew Cohen, 3901 IDS Center, Minneapolis,
attorney representing the management company of Creek Side Apartments, a neighbor across the
street from the Scenic Hills Shopping Center. He reiterated that there are two issues: shared
parking, and public health and safety.
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman asked the shopping center owner if he has any language in the lease
agreement with regard to the use of the property and remaining law abiding. He responded that it
is written in the lease that if there is any violation of the specified laws, the tenant is given 30 days
to leave. It's a very tight lease and does not allow much flexibility, he said.
Councilmember Coleman said he does not see a problem with the shared parking arrangement, he
feels the Zoning Committee was in error in denying the permit, and said he would support the
application.
Councilmember Lantry stated that she does have a problem with the shared parking arrangement
as she is aware of the parking problem. She further noted that there would be over-lapping hours
with some of the businesses.
Councilmember Lantry moved to accept the findings of the Zoning Committee and the Planning
Commission and to deny the appeal.
January 6, 1999 City Council Summary Minutes Page 16
Councilmember Benanav cited the testimony that was provided by Police Chief Finney at a
previous hearing where he said he did not feel this was a good use of this particular property and
Benanav said he would have to support Finney's testimony.
Councilmember Reiter stated that he does not have a problem with a pool hall located in a
shopping center and that he would support the appeal.
Motion of Intent - Appeal Denied Yeas - 5 Nays - 2 (Coleman, Reiter)
Councilmember Harris moved to adjourn the meeting.
ADJO RNED AT 8:50 P.M.
Pf
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D 'el Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Arson y \'v\
Assistant Council Secretary
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