Approved Minutes 1-13-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, January 13, 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 by Council President Bostrom at 3:35 p.m.
Present- 6 - Benanav, Blakey, Bostrom, Coleman, Lantry, Reiter
Absent - 1 - Harris (excused)
CONSENT AGENDA (Items 1 - 37)
Councilmember Benanav requested Item 5 be removed for discussion.
Councilmember Lantry moved approval of the Consent Agenda as amended.
FOR ACTION
1. Approval of minutes of November 18, & 25, and December 2, 1998.
Adopted Yeas - 6 Nays - 0
2. Claims of Geneet Kidane, and John Stupka.
Referred to the Employee/Risk Management Division
3. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on January 27, 1999, to consider the application for a sound level
variance by Timothy Weiss, President, Gabe's By The Park, 991 Lexington Parkway North, on
January 29, 30, & 31, 1999 from 5:00 p.m. to Midnight.
4. Letter from the Real Estate Division announcing a public hearing before the City Council on
February 24, 1999, to consider the vacation of the south part of Cottage Avenue east of Wheelock
abutting Lot 18 and that part of Ivy between Wheelock and Western as part of a plan to construct
townhomes.
5. (Discussed after the consent agenda)
6. Resolution- 99-24 - Approving the July 1, 1998 through June 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council,
Local No. 49, Local No. 120, and Local No. 132, Exclusive Representatives for Drivers, Grounds
and Labor Employees, and Heavy Equipment Operators. (To be laid over one week for adoption)
Laid over to January 20 for adoption Yeas - 6 Nays - 0
January 13, 1999 City Council Summary Minutes Page 2
7. Resolution - 99-25 - Approving the June 1, 1998 through May 31, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and the Twin City
Glaziers, Architectural Metals and Glass Workers Local 1324. (To be laid over one week for
adoption)
Laid over to January 20 for adoption Yeas - 6 Nays- 0
8. Resolution- 99-26 - Approving the January 1, 1998 through December 31, 1999 Employment
Agreement between Independent School District No. 625, Saint Paul Public Schools, and Manual
and Maintenance Supervisors' Association representing Manual and Maintenance Supervisors. (To
be laid over one week for adoption)
Laid over to January 20 for adoption Yeas - 6 Nays- 0
9. Resolution- 99-27 - Approving the January 1, 1998 through December 31, 1999 Employment
Agreement between Independent School District No. 625, Saint Paul Public Schools, and Saint Paul
Supervisors' Organization, Representing Civil Service Supervisors. (To be laid over one week for
adoption)
Laid over to January 20 for adoption Yeas- 6 Nays- 0
10. Resolution- 99-28 - Approving the July 1, 1998 through June 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and International Union of
Operating Engineers Local No. 70, Exclusive Representative for Custodians. (To be laid over one
week for adoption)
Laid over to January 20 for adoption Yeas- 6 Nays- 0
11. Resolution - 99-29 - Approving the January 1, 1998 through December 31, 1999 Employment
Agreement between Independent School District No. 625, Saint Paul Public Schools, and
Professional Employees Association, Inc., Representing Classified and Unclassified Professional
Employees. (To be laid over one week for adoption)
Laid over to January 20 for adoption Yeas - 6 Nays - 0
12. Resolution- 99-30 - Approving the May 1, 1998 through April 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and Bricklayers and Allied
Craftworkers, Local Union No 1 of Minnesota. (To be laid over one week for adoption)
Laid over to January 20 for adoption Yeas - 6 Nays - 0
13. Resolution- 99-31 - Approving the May 1, 1998 through April 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and the International
Brotherhood of Painters and Allied Trades Local 61. (To be laid over one week for adoption)
Laid over to January 20 for adoption Yeas - 6 Nays- 0
14. Resolution- 99-32 - Approving the May 1, 1998 through April 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and Plains Regional
Council of Carpenters and Joiners. (To be laid over one week for adoption)
Laid over to January 20 for adoption Yeas - 6 Nays - 0
January 13, 1999 City Council Summary Minutes Page 3
15. Resolution- 99-33 - Approving the May 1, 1998 through April 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and the Minnesota Cement
Masons, Plasterers, and Shophands Local No. 633. (To be laid over one week for adoption)
Laid over to January 20 for adoption Yeas- 6 Nays - 0
16. Resolution- 99-34 - Approving the July 1, 1998 through June 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and Minnesota School
Employees Association, Representing Classified Confidential Employees Association. (To be laid
over one week for adoption)
Laid over to January 20 for adoption Yeas - 6 Nays- 0
17. Resolution- 99-35 - Approving the June 1, 1998 through May 31, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and the Operative
Plasterers Local Union No. 265. (To be laid over one week for adoption)
Laid over to January 20 for adoption Yeas- 6 Nays - 0
18. Resolution- 99-36 - Approving the July 1, 1998 through June 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and School Service
Employees Local No. 284, Exclusive Representative for Cook Managers. (To be laid over one week
for adoption)
Laid over to January 20 for adoption Yeas - 6 Nays- 0
19. Resolution- 99-37 - Approving submission of sales tax report to the State of Minnesota.
Adopted Yeas - 6 Nays - 0
20. Resolution- 99-38- Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 763 Fuller Avenue.
Adopted Yeas - 6 Nays - 0
21. Resolution- 99-39 - Authorizing the Saint Paul Police Department to accept a Weed and Seed Grant
in the amount of$100,000 from the Minnesota Department of Public Safety for the Thomas/Dale
area for the period July 1, 1998 through June 30, 1999.
Adopted Yeas - 6 Nays - 0
22. Resolution- 99-40 - Authorizing the Housing Information Office (HIO) to execute a contract with
the Family Housing Fund and accept a$40,000 reimbursement for contractual services provided by
HIO during the period of January 1, 1998 to December 31, 1998.
Adopted Yeas - 6 Nays - 0
23. Resolution- 99-41 - Approving organizations to the 1999 10% Club List of Eligible Recipients.
Adopted Yeas - 6 Nays - 0
24. Resolution - 99-42 - Accepting a Redevelopment Grant in the amount of$221,000 from the
Department of Trade and Economic Development for wetland/ponding creation on Lake Phalen
Townhomes site.
January 13, 1999 City Council Summary Minutes Page 4
Adopted Yeas - 6 Nays - 0
25. Resolution - 99-43 - Approving issuance of a loan to Frogtown Action Alliance through the STAR
Year-Round Loan Program, Thomas-Dale District 7, Ward 1.
Adopted Yeas - 6 Nays- 0
26. Resolution - 99-44 - Giving final approval of the 1999 Residential Street Vitality Project Areas and
tentative approval for years 2000-2003 project areas.
Adopted Yeas - 6 Nays - 0
27. Resolution - 99-45 - Amending Council File 97-316, adopted March 26, 1997, requiring the
rehabilitation or demolition of property located at 777-779 Aurora Avenue within 180 days.
Adopted Yeas - 6 Nays- 0
28. Resolution - 99-46 - Authorizing the purchase of two properties located at 1665 Hoyt Avenue East,
and 1680 Hoyt Avenue East as part of Phase I of the Hoyt-Montana Flood Remediation Project.
Adopted Yeas - 6 Nays - 0
29. Resolution- 99-47 - Approving a five-year extension of Lease Agreement PW/36 providing 8,555
square feet of storage space for non-combustible materials under the Jackson Street Bridge to Bay
West, Inc.
Adopted Yeas - 6 Nays - 0
30. Preliminary Order- 99-48 - In the matter of improving the alley in Block 10, Sylvan Place (bounded
by Palace, Saratoga, Jefferson, and Warwick Project#18892a-i with Pascal-Jefferson Project 18882)
by grading and paving with a bituminous material, and setting date of public hearing for March 3,
1999. (File#18892a-i)
Adopted Yeas - 6 Nays- 0
31. Preliminary Order- 99-49 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts, and fills, including the right of removal of lateral support from subject
land or reminder thereof, occasional by excavations thereof of construction of slopes in the grading
and paving the alley in Block 10, Sylvan Place (bounded by Palace, Saratoga, Jefferson, and
Warwick Project#18892a-S with Pascal-Jefferson Project 18882), and setting date of public hearing
for March 3, 1999. (File#18892a-S)
Adopted Yeas - 6 Nays - 0
32. Preliminary Order- 99-50 - In the matter of improving the alley in Block 6, Sylvan Park
and Block 3 Vernon's RE (bounded by Jefferson, Brimhall, Sandford, and Saratoa Project#18892b-
i with Pascal-Jefferson Project 18882) by grading and paving with a bituminous material, and setting
date of public hearing for March 3, 1999. (File#18892b-i)
Adopted Yeas - 6 Nays- 0
January 13, 1999 City Council Summary Minutes Page 5
33. Preliminary Order- 99-51 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts, and fills, including the right of removal of lateral support from subject
land or reminder thereof, occasional by excavations thereof or construction of slopes in the grading
and paving of the north-south alley bounded by Jefferson, Brimhall, Sandford, and Saratoga Project
#18892b-S with Pascal-Jefferson Project 18882), and setting date of public hearing for March 3,
1999. (File #18892b-S)
Adopted Yeas - 6 Nays - 0
34. Preliminary Order- 99-52 - In the matter of improving the alley in Block 6, Jefferson Park(bounded
by Wellesley, Pascal, Sandford and Albert Project#18892c-i with Pascal-Jefferson Project 18882 by
grading and paving with a bituminous material, and setting date of public hearing for March 3,
1999. (File #18892c-i)
Adopted Yeas - 6 Nays - 0
35. Preliminary Order- 99-53 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts, and fills, including the right of removal of lateral support from subject
land or reminder thereof, occasional by excavations thereof or construction of slopes in the grading
and paving of the east west alley in Block 6, Jefferson Park(bounded by Wellesley, Pascal,
Sandford and Albert Project#18892c-S with Pascal-Jefferson Project 18882, and setting date of
public hearing for March 3, 1999. (File#18892c-S)
Adopted Yeas - 6 Nays - 0
36. Preliminary Order - 99-54 - In the matter of improving the alley in Block 3, Sylvan Park Addition
and Block 2, Vernon's RE (bounded by Brimhall, St. Clair, Saratoga, and Sandford Project
#18892d-i with Pascal-Jefferson Project 18882)by grading and paving with a bituminous material,
and setting date of public hearing for March 3, 1999. (File #18892d-i)
Adopted Yeas - 6 Nays - 0
37. Preliminary Order- 99-55 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts, and fills, including the right of removal of lateral support from subject
land or reminder thereof, occasional by excavations thereof or construction of slopes in the grading
and paving of the north-south alley(bounded by Brimhall, St. Clair, Saratoga, and Sandford Project
#18892d-S with Pascal-Jefferson Project 18882), and setting date of public hearing for March 3,
1999. (File#18892d-S)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
5. Resolution- 99-23 - Approving the appointments of Kathy Donnelly Cohen, Eugene Corbey, Larry
Dandrea, Harold Fotsch, Susan McCall, and Shem Shakir, and the reappointments of Esperanza
Duarte, and Michael Marquiles, by Mayor Coleman, to the Saint Paul Planning Commission.
Councilmember Benanav moved approval of the appointments with the exception of Harold Fotsch
which he moved to lay over to January 20.
Adopted as amended Yeas - 6 Nays - 0
January 13, 1999 City Council Summary Minutes Page 6
(Appointment of Harold Fotsch laid over to January 20)
(Benanav left)
40. Resolution - 98-1038 - Authorizing the proper City officials and staff to enter into a lease agreement
with the Saint Paul Yacht Club that will supersede an agreement between the same parties dated
June 1992. (Laid over from December 23, 1998)
Mike Hahm, Division of Parks and Recreation, requested a two week layover in order to conclude
their negotiations on changes based on comments from the public hearing in December and
comments and recommendations of Councilmembers.
Councilmember Coleman moved a two week layover.
Laid over to January 27 Yeas - 5 Nays - 0
(Benanav returned)
38. Report by Conventions, Sports & Leisure International (CSL)regarding the proposed agreements to
amend the existing arena lease and financing plan. (Requested by Council on December 23; C.F.
98-1152)
(Coleman left and returned)
David Welle, and Janine Coons, of CSL International, appeared. CSL International works with
public assembly facilities, the company is ten years old, and has worked on over 400 projects
nationwide. They are based in the Twin Cities and have done a number of projects in Minnesota.
Mr. Welle and Ms. Coons reviewed the "Evaluation of the Amended Arena Lease Relative to the
Base Lease Between the City of St. Paul and the Minnesota Wild"report and responded to questions
of the Councilmembers.
Council President Bostrom thanked Mr. Welle and Ms Coons for the very professional report and a
good presentation.
39. Resolution- 98-1146 - Approval of the First Amendment to Arena Lease. (Laid over from January
6)
Councilmember Coleman moved approval.
Councilmember Blakey distributed copies of an amended resolution making the living wage issue
clearer.
Pam Wheelock, Department of Planning and Economic Development(PED), appeared and
suggested an amendment be made indicating that there will be an annual or biannual update and that
the corporate welfare statute language be removed. Phil Byrne, Assistant City Attorney, suggested
January 13, 1999 City Council Summary Minutes Page 7
that an additional "resolve"be added to the resolution so the City Council could direct staff to make
amendments to remove language related to the corporate welfare statutes.
Councilmember Coleman accepted the amendment as friendly.
Adopted as amended Yeas - 5 Nays- 1 (Blakey)
Councilmember Blakey presented a resolution pertaining to strike or lockout and said he is
concerned about the lease protecting the City. Pam Wheelock suggested the Council vote against
this resolution as she felt the team and the NHL would not be open to adding this language. The
team has contractual obligations whether they are playing at the arena or not.
Joe Reid, Director, Office of Financial Services, stated the Minnesota Wild also has the ability to
generate additional revenue.
No action was taken on the resolution.
Councilmember Blakey moved for suspension of the rules and approval of the following resolution:
Resolution- 99-60 - Amending the Arena Lease and directing staff to enter into negotiations with
the Minnesota Wild to secure 50% of the proceeds of the naming rights over$1.3 million annually
or any value over $26 million through the term of the lease.
Councilmember Blakey stated the last amendment deals with the naming rights. In the resolution,
he is asking that if the naming rights exceed$1.3 million annually, the City would participate in
50% of that value or $26 million through the term of the lease.
Pam Wheelock stated the City may not have received from the State what it wanted, but they did get
what they needed to move forward in a way to minimize risk for Saint Paul residents. The naming
rights have more benefit for the team than for the City. It would be unlikely that the City would be
able to reach agreement with the team on this issue, she said.
Council President Bostrom asked if monies received from the naming rights will be used to make
the payments. Pam Wheelock responded it could be one of the revenue sources to make the rent
payments. The rent payments are set at $3.5 million a year, some of which goes to repay the State
and the City obligations. The pilot payments start at $2.5 million and escalate to $6.1 million over
the 25-year lease for the tax payments.
Councilmember Coleman noted that the team is adding another $2.5 million as a result of the
changes the City agreed to.
Councilmember Lantry stated that the team will keep the ticket surcharge and the marquee revenue
that used to come to the City. Ms. Wheelock replied that the team went beyond what they were
legally required to do and provided a letter of credit to guarantee their payment and help the City
January 13, 1999 City Council Summary Minutes Page 8
issue the debt in the lowest cost mechanism. With the surcharge issue, it was whether the City or the
team would keep the money.
Failed Yeas - 2 Nays - 4 (Bostrom, Coleman, Lantry, Reiter)
Councilmember Blakey stated that the arena deal has not come up to the level that Saint Paul should
have and it is still unknown who all the partners are.
Councilmember Benanav responded that it is not a perfect deal, but the City is in a better position
now than a year ago. If the lease is not approved today, then the City is obligated to comply with
the lease that was entered into a year ago. It is important to go on record that if the Minnesota Wild
does not succeed, the City should not bail them out, Benanav said.
Councilmember Lantry stated the only choice the Council has is whether they want to be obligated
to $95 million or $65 million. It is important that the Council knows who the partners are. Pam
Wheelock responded that the list of partners has been in the newspapers and it is public information.
Councilmember Coleman said he felt this is a good plan for Saint Paul. The City partnered with
someone, tried to minimize the risks, and make sure the revenue streams are sufficient to cover the
debt service.
Councilmember Reiter spoke in support of the lease.
Council President Bostrom acknowledged Pam Wheelock for the extensive work she has done at the
Legislature on this issue.
Mayor Coleman appeared and also acknowledged Pam Wheelock for all her work in negotiating the
arena lease.
(Councilmember Benanav was not present for the votes on Items 40 - 45)
41. Consideration of 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. (Laid over from January 6)
Council President Bostrom noted that a public hearing was held previously on this issue. The
recommendation of the Board of Zoning Appeals was to deny the appeal. Mr. Bostrom reported that
he had language that would support Mr. Maranda and put a procedure in place to accommodate him.
Councilmember Blakey stated that at the January 6, 1999, meeting he had raised the question of
imposing a fine on Mr. Maranda. Phil Byrne, Assistant City Attorney, responded that he looked at
city ordinances, state statutes, and state case law decisions, and he could not find any authority to
impose a civil fine in the absence of criminal prosecution. The Council does have the ability to
double the cost of the permit fee when an individual has started work without a permit. In addition,
the Council has the ability to double the variance application fee.
January 13, 1999 City Council Summary Minutes Page 9
Councilmember Coleman moved to deny the appeal, not grant the variances, and support the
decision of the Board of Zoning Appeals. He said the Council should send a message that if people
do not listen to the inspectors, there will be a penalty. Councilmember Lantry added that the
inspector asked Mr. Maranda in a reasonable way to stop the construction and it did not happen.
Motion of Intent- Appeal Denied Yeas- 5 Nays - 0
42. Report on the findings of the Legislative Advisory Committee on Solid Waste Removal. (Requested
by the Council on June 10, 1998; C.F. 98-502; laid over from November 25, 1998)
Gerry Strathman, Council Research Director, stated the advisory committee met on three occasions.
It was felt that they were not making constructive progress and no further meetings have been
scheduled.
Councilmember Blakey moved to lay this matter over indefinitely.
Laid over indefinitely Yeas - 5 Nays- 0
43. Report from the Department of Planning and Economic Development(PED) on the progress toward
securing additional funding for COPP contracts. (Requested by the Council on December 23, 1998;
CF. 98-1151)
Joe Reid, Director of the Office of Financial Services, reported that Bob Hammer of PED has
looked at prior years' projects and has identified an uncommitted balance of about $67,000.
Councilmember Blakey suggested removing $2,500 from Sibley Manor Community Services in
order to remain within the $67,000 amount.
Councilmember Blakey moved approval. Yeas - 5 Nays- 0
(Funding of$67,000 was authorized)
ORDINANCES
44. Final Adoption - 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.
Councilmember Blakey requested that Licensing keep track of who is taking advantage of this
program. Also, he said the program should be marketed so it will be successful.
Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 0
January 13, 1999 City Council Summary Minutes Page 10
45. Final Adoption - 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.
Councilmember Blakey moved approval with the same comments as in Item 44.
Adopted Yeas - 5 Nays - 0
46. Second 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. (Amended on January 6)
Laid over to February 3 for third reading/public hearing
47. Second 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. (Amended on January 6)
Laid over to February 3 for third reading/public hearing
48. First Reading - 99-56 - An ordinance revising parking meter pay rates pursuant to Chapter 160 of
the Saint Paul Legislative Code.
Laid over to January 20 for second reading
Councilmember Coleman moved for suspension of the rules to introduce the following resolution:
Yeas - 6 Nays - 0
Resolution - 99-61 - Authorizing the City to submit an application to the State Department of
Trade and Economic Development for a loan from the "Minnesota Investment Fund" to help
Media One expand their headquarters in Saint Paul at 10 River Park Plaza.
(The resolution was considered as a public hearing after the recess)
The meeting was recessed from 5:10 - 5:30 p.m.
Present - 4 Absent - 3 (Blakey, Coleman - arrived later in the meeting; Harris - excused)
PUBLIC HEARINGS
Suspension Item (Introduced before the recess)
Resolution - 99-61 - Authorizing the City to submit an application to the State Department of
Trade and Economic Development for a loan from the "Minnesota Investment Fund" to help
Media One expand their headquarters in Saint Paul at 10 River Park Plaza.
(Coleman arrived)
Phil Byrne, Assistant City Attorney, explained that this resolution authorizes staff to submit the
application for the loan. It is not a resolution which authorizes execution of all the agreements
related to the loan. Mr. Byrne presented a technical amendment to the resolution.
January 13, 1999 City Council Summary Minutes Page 11
No one appeared in opposition.
Councilmember Coleman moved to close the public hearing and approval as amended.
Adopted as amended Yeas - 5 Nays - 0 (Blakey not present for vote)
(Blakey arrived)
49. Resolution - 99-57 - Concerning adverse action against licenses held by Blues Saloon, Inc., 601
Western Avenue North. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection(LIEP), appeared and stated there was a request from the licensee, through
Councilmember Blakey's office, for a layover. Robert Kessler, Director of the Office of LIEP,
appeared and stated he would support a layover.
Councilmember Blakey moved to layover to February 3.
Laid over to February 3 Yeas - 6 Nays - 0
50. Resolution- 99-58- Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 281 Fifth Street East. (Laid over from December 23)
Gerry Strathman, Legislative Hearing Officer, stated this is a request for a variance from the
rainleader disconnect project. This building is known as the Crane Building. The owner was before
the City Council recently to seek permission to demolish the building and the Council denied the
request. There have been numerous orders during the past ten years seeking to have the rainleaders
disconnected. Mr. Strathman felt enough time has been allowed and he recommended not granting
additional time.
Paul Baillon, building owner, appeared and stated he got involved in this problem in 1996 when he
was contacted by the City. He has been in touch with City staff on 17 different occasions and said
the problem is not being ignored. The company explored the option of demolishing the building to
see if it is feasible from an engineering standpoint. The Heritage Preservation Commission and City
Council denied the request. The company is still looking for ways to make viable use of the
property. If the rainleaders are disconnected now and something is done to develop the property, all
the work on the rainleaders will be for naught and the water will have to be redirected some other
way. The bid they have received to disconnect the rainleaders is $22,100 which is a substantial
amount of money to Baillon Company as the building has been empty for 20 years.
Councilmember Benanav asked how much additional time was needed. Mr. Baillon responded that
he would like six to nine months.
Councilmember Coleman moved to close the public hearing. Yeas - 6 Nays - 0
January 13, 1999 City Council Summary Minutes Page 12
Councilmember Coleman moved to deny the appeal and uphold the decision of Gerry Strathman.
Adopted Yeas - 6 Nays - 0
51. Resolution- 99-59 - To consider the vacation of right-of-way for construction of the Minnesota
Mutual Building. (Laid over from December 23 for continuation of public hearing)
Peter White, Real Estate Division, appeared and reported the right-of-way needed to be vacated in
order to do the development and a new right-of-way will be dedicated around the whole block.
Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 6 Nays- 0
52. Public hearing 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.
John Hardwick, Office of License, Inspections and Environmental Protection(LIEP), appeared and
reported this site is a 53,000 square foot parcel. In 1975 when citywide rezoning took place, a strip
of this property was rezoned RM2, which is multiple family residential zoning. The 100 ft. strip
along Grand Avenue is steeply sloped, and Mendota Homes applied for a variance to split off this
portion. In order to do so, it was necessary to obtain a variance of the minimum setback
requirement for the existing house at 5 Crocus Hill. The rear setback requirement is 25 feet. The
proposed lot split would result in a setback of six feet. The Board of Zoning Appeals voted 7-2 to
grant the variance.
Councilmember Coleman asked what needs to be done before permits would be granted for
construction and if action guarantees construction. John Hardwick responded that any construction
would require a site plan review by LIEP and action on this does not guarantee construction.
Steven Mahem, appearing on behalf of the D'Aquilas, suggested the Council deny the current
request for the variance, send the matter back to the Planning Commission, and ask for a public
hearing. There will be at least three requests for future variances based on setback, slope, and
occupancy. This is going to be addressed piecemeal if allowed to go forward in this manner. It is
correct that the Board of Zoning Appeals(BZA) does not have the authority to address this type of
variance, he said. The code permits lot splits and boundary adjustments only if six conditions are
met. The only way to divide this lot, as requested, is to re-plat the lot as the lot split is actually a
rezoning. Mr. Mahem said that the developer has proposed that they will grant a perpetual easement
to the affected homeowner across the back of the RM-2 zoning line to give them privacy but what
they are in fact doing is circumventing the zoning. They will be using R2 land to meet the RM-2
zoning setbacks which is not the proper way to establish public policy.
Mr. Mahem stated that even if the BZA does have authority, there are requirements for a variance
that were not met: 1)that the property cannot be put to reasonable use under the strict provisions of
the code. The property currently consists of one lot with a single family residence on it. It is
capable of future multiple use development on a smaller scale. 2) The circumstances are unique to
January 13, 1999 City Council Summary Minutes Page 13
the property and not created by the landowner. In this case, the zoning and boundary of the land
were well known to the purchaser prior to the time of the acquisition. 3) Keeping with the spirit and
intent of the code and consistent with the safety, health, comfort, and morals of the neighborhood.
The homeowners most directly affected submitted a letter along with the original application that
they do not oppose this lot split. This does not apply to any future development. 4) That the
proposed variance will not alter the essential character of the surrounding area. It is not known what
the proposed development will be. In the original letter sent to PED, a nine-unit townhouse is
referenced. In the sketch presented, it was a ten-unit townhouse. Population, traffic, and density
will be affected by putting another townhouse on Grand Avenue. 5) The variance, if granted, will
not permit any use that is not permitted under the provision of the code for the property in the
district. The variance would permit use that is not currently permitted.
Ellen Biales, Summit Hill Association District 16 Planning Council, appeared and stated they are
opposed to the lot split at this time as it creates a non-conforming structure. District 16 has not seen
plans for the remaining lot to see if that particular variance will be affected by future development.
District 16 spoke before the Board of Zoning Appeals and requested they not grant the lot split at
this time and that they consider all the variances as a package.
Estelle Sell, 14 Crocus Hill, appeared and stated she and her husband are in opposition to the
variance at this time as it does not seem they have the full picture.
Cam Blodgett, 1 Crocus Hill, appeared and stated it would be a mistake to grant this variance until
the full development is proposed and reviewed. He expressed concern that parking is spilling over
into his neighborhood.
John Mathern, Mendota Homes, appeared and stated they are seeking the lot split and the setback
variance to allow this lot split to occur. The parcel they are looking to purchase is located on Grand
Avenue and is 100 feet wide. The property is zoned for multi family use. The land was divided and
zoned some time ago and they are asking the lot be split according to the zoning line. When the
land was sold, an arrangement was made where the lot split in the future would occur within that
distance of their house. The zoning board acted appropriately, he said. The next step is to go back
and do a site plan review. Mr. Mathern does not agree that the zoning discussion needs to be mixed
with the planning as those processes are well defined. Once the lot split has been approved,
Mendota Homes will provide details of the proposed unit. Zoning and planning are two different
issues, he said.
Dick Paranto, owner, appeared and stated he and his wife have owned the land since 1992. The
neighborhood has asked for a retirement development in this area so when the time comes that
retirees sell their homes on Crocus Hill the can stay in the same neighborhood. John Mathern is
proposing a 2,000 square foot home that can be enlarged to 2,300 or 2,400 square feet by finishing
the loft upstairs. It will sell in the $250,000 range. It meets the criteria of people who have been
asking for quality homes.
Councilmember Coleman moved to close the public hearing.
Yeas - 6 Nays - 0
January 13, 1999 City Council Summary Minutes Page 14
Councilmember Coleman asked what would happen if this is approved but not the site plan. John
Mathern responded there are several uses for the property that do not require any action by the
Board of Zoning Appeals. If this appeal is denied and the lot split variances is upheld, it splits off
this parcel of land. It does not establish any use for the vacant land that is split off. A single family
home or a duplex could be constructed on that property without any variance or any special use
permit.
Councilmember Coleman asked about the statutory requirements. Phil Byrne responded there is a
state statute that requires the City to act within 60 days on matters that relate to zoning and zoning
approvals.
Councilmember Lantry stated she was concerned that this lot will be split with conditions in such a
way that nothing can be built on it. She asked if the lot line is only 6 feet from the property line at 5
Crocus Hill whether a 19 foot setback variance is needed. John Mathern responded in the
affirmative. The variance is actually granted to the property at 5 Crocus Hill to allow a non-
conforming rear yard setback.
Councilmember Coleman moved to deny the appeal, grant the lot split and variance, and adopt the
findings and conclusions of the Board of Zoning Appeals resolution with the conditions contained in
the resolution dated December 14, 1998. Mr. Coleman stated there are some unknowns here, and he
would rather have this as one package
Motion of Intent- Appeal Denied Yeas - 6 Nays - 0
53. Public hearing 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.
Larry Soderholm, Department of Planning and Economic Development, stated this is a lot split for
the Lexington Commons Development and public hearings have been held. The property needs to
be platted so a description of real estate can go with each house. The plat meets all conditions of
city ordinances. Mr. Soderholm received two letters of testimony which were distributed to the
Council.
Kathleen Marks, 251 South Lexington Parkway, appeared and stated her neighborhood held a
meeting the previous evening to discuss this issue. Ms. Marks read a letter containing covenants and
requested the Council include them.
John Mathern, Mendota Homes, appeared and stated that eight of the ten units are under
construction. This matter has gone through microscopic examinations and what was delivered in the
end was exactly what was promised. The alley has been widened and paved and the townhouse
residents would like to seek ownership and move in.
Councilmember Coleman moved to close the public hearing
Yeas - 6 Nays - 0
January 13, 1999 City Council Summary Minutes Page 15
Councilmember Coleman asked if the conditions requested were part of what was previously
approved. Larry Soderholm responded that the first condition concerned access from the alley to
Lexington Parkway for the owners. The City has an easement for utilities and drainage. The drive
is private and if there is going to be an agreement about that, it is a matter for the private property
owners to work out. As for maintenance of the alley, that is a requirement of the special condition
use permit as the Council approved it. Mr. Soderholm will write a letter to Public Works advising
them that this agreement exists.
Councilmember Coleman moved approval of the application.
Motion of Intent- Application Granted Yeas- 6 Nays - 0
Councilmember Blakey moved to adjourn the meeting.
Yeas - 6 Nays - 0
AD ED AT 6:30 P.M.
*129,14/11
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Andes n \`\V\
Assistant Council Secretary
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