Approved Minutes 2-3-1999 I
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, February 3, 1999 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order by Council President Bostrom at 3:30 p.m.
Present- 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent- 1 - Coleman(arrived after the consent agenda)
CONSENT AGENDA (Items 1 - 17)
Councilmember Harris requested Item 14 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
FOR ACTION
1. Approval of minutes of December 16, 1998.
Adopted Yeas - 6 Nays - 0
2. Claims of Deborah Cocchiarella, Ruth Danielson, William Erb, Gemini Acceptance Co., Jessica
Jackson, Cheryl Johnson, Lois Johnson, Julie Kaminski, Jamie Leos, Scott McCrady, Jane
McEvoy, Kevin Patterson (by Donna Patterson), 791 Limited Liability Company, and Mike
Ziskorsky.
Referred to the Employee/Risk Management Office
3. Summons and Complaint in the matter of Warning Lites of Minnesota, Inc. vs. the City of Saint
Paul.
Referred to the City Attorney's Office
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on February 24, 1999, at 5:30 p.m., to consider the appeal of Brian
Bates/Scenic Minnesota to a decision of the Planning Commission allowing reinstallation of a
storm-damaged sign of SuperAmerica at 287 E. Sixth Street.
5. Administrative Order:
D001645 Authorizing payments by the Office of Citizen Service, Marketing & Promotions, for
promoting, sponsoring and marketing St. Paul's 150th Anniversary parties.
Noted as on file in the City Clerk's Office
6. Resolution - 99-99 - Concerning adverse action against licenses held by McColl's Fine Dining,
366 Jackson Street, in the matter of delinquent taxes owed to the State of Minnesota.
Adopted Yeas - 6 Nays - 0
February 3, 1999 City Council Summary Minutes Page 2
7. Resolution - 99-100 - Approving application for a Second Hand Dealer-Motor Vehicle License by
Verne H. Butler, Jr., dba Empire Builder Auto, 23 Empire Drive, #205. (Legislative Hearing
Officer recommends approval with condition)
Adopted Yeas - 6 Nays - 0
8. Resolution - 99-101 - Approving payment of$29,394.82 to American Family Insurance as
subrogee for Michele and Daniel Lutz in full settlement of their claim against the City of Saint
Paul.
Adopted Yeas - 6 Nays - 0
9. Resolution - 99-102 - Approving change to spending object codes from Council Continency to
City Contribution to Outside Agency (Capital City Partnership).
Adopted Yeas - 6 Nays - 0
10. Resolution - 99-103 - Authorizing the Office of Financial Services, Treasury Section, to initiate all
necessary action leading to the issuance of City General Obligation Bonds on March 24, 1999.
Adopted Yeas - 6 Nays - 0
11. Resolution - 99-104 - Amending and/or closing the spending and financing plans for various sewer
projects (other than CSSP).
Adopted Yeas - 6 Nays - 0
12. Resolution - 99-105 - Approving the use of advance financing from the State of Minnesota not to
exceed $3 million for the 1999 Municipal State Aid (MSA) Program.
Adopted Yeas - 6 Nays - 0
13. Resolution - 99-106 - Amending the spending and financing plan of the Edgerton Street Bridge
Project.
Adopted Yeas - 6 Nays - 0
14. (Discussed after the consent agenda)
15. Resolution - 99-108 - Authorizing the purchase of properties located at 1675 and 1676 Hoyt
Avenue East as part of Phase I of the Hoyt-Montana Flood Remediation Project.
Adopted Yeas - 6 Nays - 0
16. Resolution - 99-109 - Authorizing acceptance of a contribution of various training equipment and
supplies to the Police Department from the Fraternal Order of Police.
Adopted Yeas - 6 Nays - 0
17. Resolution - 99-110 - Establishing a spending plan in the Fire Responsive Services Fund to
supplement capital improvement funding for building improvements at the Fire Training Center.
Adopted Yeas - 6 Nays - 0
February 3, 1999 City Council Summary Minutes Page 3
14. Resolution 99-107 - Authorizing spending of$50,000 for preliminary design on the RiverCentre
Connection to the Skyway System Project.
Councilmember Harris stated the Council should be sure funding is in place. Mr. Harris said he
talked to Ramsey County Commissioner Ortega who said the County Board has not considered the
appropriations. The Convention and Visitors Bureau (CVB) has raised some money, but they are
not close to what the City Council asked them to do. He requested that the Council receive an
update from Eileen McMahon, CVB, and someone from the Ramsey County Board.
Councilmember Blakey concurred with Councilmember Harris. According to Consultant Ken
Greenberg, the City should not do anymore skyways, sky walks, tunnels, etc. Mr. Blakey would
like to know how much money has been raised, how much money Ramsey County will contribute,
when that will be done, how much private money has been raised, and how much is expected to
be raised.
Susan Kimberly, Deputy Mayor, appeared and said time is a factor as the project needs to be
completed close to when the arena opens. This resolution allows the City to do the studies that
have to be done regardless of the project's fmal form. This first study will give firm numbers on
future plans and will answer questions about tunneling. Ken Greenberg urged the City to look at
the technology used at ski resorts which would be a different technical approach to this issue.
However, everyone on the project thought that would not accelerate the project.
Councilmember Lantry stated at a previous City Council meeting there was a commitment of
$450,000 from 44 different downtown businesses. Funds will continue to be solicited until the
goal is reached.
(Coleman arrived)
Councilmember Harris asked if the Administration is prepared to move forward and pay for
whatever is not raised and, if so, from what funding source. Ms. Kimberly responded that the
Administration is recommending the passage of this resolution which initiates two studies to
provide information on further decisions such as the cost of this project. Mr. Harris stated he
would like to see a vote taken or some official sign of support.
Commissioner Rettman, Ramsey County Board, appeared and stated this item has been discussed
by the Board of Commissioners. The County manager, County staff, and Ms. Rettman have been
working with City Administration on configuration of the County's participation. Eileen
McMahon reported that $450,000 has been raised. Some of the foundations and private businesses
do not make their decisions until February, March, and April. The plan is to complete the fund
raising by May 1. Commissioner Ortega, Ramsey County Board, appeared and stated he is
willing to work with the City to make this happen.
Councilmember Harris stated the City has committed over $2.5 million to this project. If
everyone is supportive of the project, he would like to see a commitment for funding.
February 3, 1999 City Council Summary Minutes Page 4
Council President Bostrom stated the project has to start somewhere. The Council approved a
budget to get it started and set aside $850,000 for design work. This resolution will take $50,000
to get the design process started. Councilmember Coleman added that the design needs to move
forward and the City has made that commitment by putting the money aside.
Councilmember Benanav asked what the design means to the County. Commissioner Ortega
responded that, as the chair, he needs to have a clear vision of what will be done, what it will
cost, and what the county's participation will be.
Councilmember Harris moved to lay over for three weeks. Susan Kimberly stated a layover
would make a deadline difficult to achieve. Her preference would be to allocate the money and to
have a firm commitment from the county.
Failed Yeas - 2 Nays - 4 (Benanav, Bostrom, Lantry, Reiter)
Councilmember Harris asked who in the private sector has committed to contributing money.
Dick Anfang, CVB, appeared and responded the money is primarily from small business and some
from corporations; the private foundations have not come through yet.
Councilmember Benanav stated he needs to be convinced that the funding will come through.
Susan Kimberly responded she is not proposing to go forward without a commitment from the
County. The Administration will not go forward with this project if they do not receive $900,000
from the private sector. This study will help them make a rational decision.
Councilmember Harris requested that Gerry Strathman, Council Research Director, compile an
outline on what has been committed.
Adopted Yeas - 5 Nays - 2 (Blakey, Harris)
Councilmember Benanav moved for suspension of the rules to introduce the following resolution:
Resolution - 99-115 - Acknowledging Pam Wheelock's service to the City of Saint Paul.
Pam Wheelock, Department of Planning and Economic Development Director, was recognized by
the City Council for her years of service to the City of Saint Paul.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
18. Resolution - 98-1142 - Approving application for a Malt Off Sale License by Abdulhadi K.
Abrahim, dba Mona's, 920 Selby Avenue. (Legislative Hearing Officer recommends approval
with conditions) (Laid over from December 23)
Councilmember Blakey moved a two week layover.
Laid over to February 17 Yeas - 7 Nays - 0
February 3, 1999 City Council Summary Minutes Page 5
19. Resolution - 98-1133 - Adopting the Land Use Plan as an amendment to the Saint Paul
Comprehensive Plan. (Laid over from January 20)
Marcia Moermond, Council Research Policy Analyst, appeared and stated Council Research and
Ken Ford, Department of Planning and Economic Development, have put together a calendar to
review the four chapters of the Comprehensive Plan. Ms. Moermond requested the Council
approve and amend the calendar and lay over the Land Use Plan until February 24 so that
amendments can be added to the plan. She also asked that the Council make a determination as to
whether they would like another hearing.
Councilmember Blakey made a motion to hold a public hearing on February 17 on the housing
plan and the sales tax issue. Councilmember Lantry stated there are many other aspects of
housing that have not been addressed besides affordable housing. Mr. Coleman asked if another
public hearing is held how the Council will insure that the previous hearing is not just repeated.
Councilmember Benanav stated the Council should err on the side of allowing the public to speak.
Marcia Moermond stated the housing plan lends itself well to dividing into three sections for
public review. Council President Bostrom suggested allowing three minutes per person for three
separate issues of this plan.
Vote on motion to hold a public hearing on February 17 Yeas- 7 Nays - 0
Councilmember Blakey moved to lay over the Land Use Plan to February 24.
Yeas - 7 Nays - 0
(Harris and Benanav left)
20. Resolution 99-111 - Acceptance of the "Performance Audit of Saint Paul's Recreation Centers"
prepared by the Council Investigation and Research Center.
Marcia Moermond, Council Research Policy Analyst, gave an overview of the themes and overall
recommendations that emerged from those themes. Parks and Recreation has good plans for their
division; they are currently working on a strategic plan. Themes that emerged were: 1) The
concern that there was not sufficient involvement on all levels of staff. There was not a good
level of awareness at the recreation center, among the maintenance workers and other people
affected by the plans; 2) Staff feels disconnected from the goals of the organization and the
leadership. There should be more inclusionary practices when the division is making plans; 3)
Partnerships have been formed with sports organizations, community organizations, schools, and
private enterprises. There are 160 to 200 partnership agreements in effect. It was clear that
partnering is an essential principal for how they operate; 4) There is a decreasing number of
buildings. In 1977, there were 53 recreation centers, now there are 41. The square footage has
decreased also; 5) There is extremely heavy usage of the fields and it is a problem for
maintenance to keep up. Half of the City's tennis courts are in need of rebuilding.
(Coleman left)
February 3, 1999 City Council Summary Minutes Page 6
David Godfrey, Council Research Policy Analyst, stated one of the division's budget objectives
was to use evaluation for staffing, maintenance, and operations. No formal evaluations took place
in that year. Some evaluation activities took place in individual recreation centers. The
performance audit recommends the division undertake these evaluations. If recreation centers are
to serve the needs of as many residents as possible, they need to get the information on how to
best serve the residents who don't currently use the recreation centers. This can only be done by
asking them directly. While the division has worked to maintain safety at recreation centers,
safety is still a major concern of residents and staff. Council Research recommends that Parks and
Recreation undertake this evaluation with the assistance of the police, block clubs, and crime
prevention coordinators to study the safety and security of recreation centers. Finally,
neighborhoods in transition centers should be evaluated to determine their effectiveness.
(Benanav returned)
Council Research's first recommendation is that Parks and Recreation should develop a data
collection strategy which would enable staff to collect data that serves as a consistent measure of
performance.
Council Research recommends that analysis should be shared with front line staff. Front line
maintenance employees are unable to access work histories at certain facilities and this would
increase the productivity of maintenance staff.
Gerry Strathman, Council Research Director, talked about the final three themes that emerged
from the performance evaluation. 1) Diversity - Women are well represented in all levels.
Minorities are well represented at the entry level positions, and under-represented in the upper and
middle positions. Parks and Recreation is aware of this issue. 2) Fees - No citizen is to be
excluded because of inability to pay. It is up to the director to identify the people unable to pay
for the fees and to find an alternative source of those funds. The result of that is it becomes a
charity kind of model: it is known who needs it and then help is found. Council Research
questions whether this is appropriate in a government operation. If there are going to be fee
waivers, then the policy should be formally written, universally known, and equally applied. 3)
Results - Parks and Recreation does not do much measurement of its results and there is little
comparison of outcomes. There is no data to determine if one recreation center produces better
results, one programs produces better results than another, one methodology than another, etc.
Overall conclusions: Parks and Recreation is operating in conformance with most City policy.
Parks and Recreation has strengths, does good planning, and has excellent partnership
relationships with others. They are focused on their customers. An improvement in leadership is
possible as there are weaknesses in training, information and evaluation processes in measuring
results.
(Reiter left)
Council President Bostrom stated he has been informed that Parks and Recreation will not be able
to respond until February 24.
February 3, 1999 City Council Summary Minutes Page 7
Councilmember Lantry moved to lay over to February 24.
Laid over to February 24 Yeas - 4 Nays - 0
(Coleman, Harris, Reiter not present for vote)
21. Report by the Planning Commission regarding changes to the City's zoning and sign regulations
relating to advertising signs. (Report requested by the Council on October 28, 1998) (Laid over
from January 20)
(Coleman and Reiter returned)
Larry Soderholm, Department of Planning and Economic Development, stated the Council
referred this matter to the Planning Commission because zoning amendments would be involved.
The Planning Commission set up an ad hoc committee and in March the committee will bring
recommendations to the City Council.
Council President Bostrom presented the following item under suspension:
Resolution - 99-116 - Continuing the pawn shop moratorium for an additional three months in
order to protect the planning process and give the Council, Planning Commission and staff the
necessary time to complete their study, recommendations and Council action.
Phil Byrne, Assistant City Attorney, stated this resolution would take effect on February 9, 1999,
which is when the present moratorium lapses. The accompanying ordinance would not take effect
for another 60 days.
Councilmember Coleman stated he would like time to consider this matter as there was
controversy regarding the length of time when it was first passed. He asked if a moratorium could
be drafted that would cover illegal uses under the new ordinance. Phil Byrne responded there
could be a moratorium that could protect the planning process in whatever way the Council wants.
Councilmember Benanav asked if a particular area could be exempted. Mr. Byrne responded that
he was unsure at this time.
Council President Bostrom pointed out that the moratorium would expire before the next Council
meeting.
Councilmember Blakey said there could be businesses hurt while waiting for the moratorium to be
over.
Councilmember Benanav suggested the moratorium be extended for 30 days instead of 3 months.
Phil Byrne stated more than one extension can be done, but the extensions cannot be over 18
months.
Suspension Item
Councilmember Reiter moved for suspension of the rules and approval of the resolution.
February 3, 1999 City Council Summary Minutes Page 8
(Harris returned)
Councilmember Benanav moved to amend the resolution to extend the moratorium to 30 days.
Councilmember Lantry concurred saying that if the intention is to study the issue, then the Council
should extend it at least 30 days.
People's lives are on hold, Harris said, and he voted for the moratorium originally with the
understanding that it would be for a short time. It is discouraging people from opening a
legitimate business in Saint Paul. Councilmember Benanav said he understands it is putting
people's lives on hold, but the Council should let the Planning Commission finish their work;
however, he felt 90 days was too long.
Councilmember Reiter also moved to extend the moratorium for 30 days.
Adopted as amended Yeas - 4 Nays - 3 (Blakey, Coleman, Harris)
The meeting was recessed from 5:10 to 5:30 p.m.
Roll Call Present - 5 Absent - 2 (Coleman, Harris - arrived later in the meeting)
PUBLIC HEARINGS
22. Third 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)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Yeas - 5 Nays - 0
Laid over to February 10 for final adoption
(Coleman & Harris arrived)
23. Third 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)
Peggy Lynch, 1621 Beechwood, Friends of the Parks and Trails, appeared and suggested
qualifications for the position.
Shelley Shreffler, 2053 Dayton Avenue, appeared and stated she concurs with Peggy Lynch. Ms.
Shreffler encouraged a national search.
Councilmember Blakey moved to close the public hearing Yeas - 7 Nays - 0
Laid over to February 10 for final adoption
February 3, 1999 City Council Summary Minutes Page 9
24. Third Reading - 99-56 - An ordinance revising parking meter pay rates pursuant to Chapter 160 of
the Saint Paul Legislative Code.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to February 10 for final adoption
25. Third Reading - 99-75 - An ordinance allowing the construction of 22 town homes at 375, 381,
383, 387, 391, and 397 Colborne, 398 and 412 Duke, and 497 Palace.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to February 10 for final adoption
26. Resolution - 99-57 - Concerning adverse action against licenses held by Blues Saloon, Inc., 601
Western Avenue North. (Uncontested) (Laid over from January 13)
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LIEP), appeared and reported the violation was a lapse in liquor
liability insurance from July 28 to August 12, 1998. The recommendation of LIEP was a 10 day
suspension. She noted that there were four other establishments before the Council in the last few
years for similar violations.
Roger Christensen, 1510 Summit Avenue, representing Blues Saloon, appeared and stated the
owner had applied for a change of the business name and the date for the renewal had changed.
There was a lapse of 12 days. Mr. Christensen asked for leniency because the business is barely
covering itself, and the employees rely on their jobs to survive.
Michael Samuelson, District 7 Planning Council, appeared and stated the board reviewed this
matter and they support the recommendation of LIEP.
Councilmember Blakey moved to close the public hearing Yeas - 7 Nays - 0
Councilmember Blakey stated that for the most part, the Blues Saloon has been a good
neighborhood establishment. This violation does not seem intentional or malicious, he said, and
he recommended a 10 day suspension with 8 days stayed.
Phil Byrne, Assistant City Attorney, stated the Council is required by the ordinance to provide
written reason why the deviation is appropriate. Councilmember Blakey responded the record of
the insurance agent, the copy of the letter, and an affidavit were sufficient evidence that this was
an honest mistake.
Councilmember Blakey moved to impose a 10 day suspension with 8 days stayed.
Adopted as amended Yeas - 7 Nays - 0
February 3, 1999 City Council Summary Minutes Page 10
27. Resolution - 99-112 - Concerning adverse action against licenses held by Jazzville, Inc., 486
Robert Street North.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LIEP), reported the violations have been admitted and conditions were
agreed upon. The specific condition was to provide a metal detector to prevent weapons from
being brought onto the premises. Customers were involved in a shooting outside the establishment
which resulted in one person being killed and one injured. On November 21, 1998, an
undercover Saint Paul police officer was allowed to enter without a metal detector being used.
The license holder has acknowledged the violation. There is no presumptive penalty in the matrix
for this type of violation. LIEP considers this a serious matter and recommended a two day
suspension or a $1,000 fine.
Leroy Daniels, 488 Robert Street North, owner, appeared and stated that sometimes his employees
did not search the patrons. Since then, he has tightened his security measures, and has used hand
held metal detectors. Lights have been installed outside all around the building, and the back door
has been secured. He has a purchase agreement for monitors to be placed outside by the following
weekend.
Councilmember Blakey asked if a policy has been instituted whereby the employees at the door are
going to use the metal detector. Mr. Daniels responded that his employees have been lax in
searching police officers because the employees know them but he has stressed that police officers
have to be searched also.
Council President Bostrom pointed out that Number 3 of the license conditions reads ".... every
customer shall be checked prior to entry, and re-entry with no exceptions."
Councilmember Coleman moved to close the public hearing Yeas - 7 Nays - 0
Councilmember Coleman moved approval of the resolution. He said that business owners around
the block and the district council are concerned. There is a lot of pressure to take more significant
action against Jazzville. The business was screening but did not screen on this occasion and it was
four days after they agreed to the terms. The recommendation of a two day suspension is
appropriate, Coleman said. He asked the owner if he would prefer a two day suspension or a
$1,000 fine. Mr. Daniels responded that he would prefer the two day suspension.
Councilmember Coleman moved to impose a two day suspension.
Adopted as amended Yeas - 7 Nays - 0
28. Public hearing to consider the report of the Administrative Law Judge (ALJ) concerning the
Cigarette License held by Grand 7 Saloon, Inc., 315 West 7th Street.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LIEP), reported that this matter involved the return of an ALJ report on
a violation of a sale of cigarettes to a minor. The sale occurred on September 28, 1998, and
February 3, 1999 City Council Summary Minutes Page 11
involved a 15 year old decoy who asked the bartender for change for a $5 bill. The 15 year old
was allowed to purchase cigarettes from a vending machine next to the bar without presenting
identification. The licensee went to an ALJ hearing claiming the decoy leaned over the bar and
activated the vending machine remote control device on his own. The ALJ found the testimony of
those witnesses to not be credible and recommended a $200 fine which is the presumptive penalty
for a first time cigarette sale. LIEP further recommended that the cost of the AU hearing be
assessed to the license holder.
Council President Bostrom asked if LIEP suggests that people doing compliance checks get behind
the counter and disengage the electronic device. Virginia Palmer responded that it is a specific
part of the training that decoys are not to trick the establishment in any way.
Bill Heine, 315 Seventh Street West, owner, appeared and stated he had credible witnesses who
saw this person reach over the bar while the bartender was busy, unlock the machine, and
proceeded to get the cigarettes.
Councilmember Coleman moved to close the public hearing Yeas - 7 Nays - 0
Councilmember Coleman moved to approve the $200 fine and he asked what the ALI costs were.
Virginia Palmer responded the amount was approximately $2,300. Mr. Coleman stated he is
troubled by this because in no other portion of American jurisprudence is the cost of the
proceedings assessed against the losing party and it discriminates against people who want to
lawfully pursue their remedies. Council President Bostrom responded that the taxpayers would
then have to pick up the $2,300 hearing cost.
Councilmember Blakey asked if payment of the ALJ hearing was a deviation from what is
normally done. Phil Byrne, Assistant City Attorney, responded if the claim or defense of the
license holder is frivolous, arbitrary, or made in bad faith, and if the nature of the violation is
serious, the Council can impose all or part of the ALJ cost.
Councilmember Benanav moved to impose the cost of the ALJ hearing as well as the $200 fine.
Adopted Yeas - 5 Nays - 2 (Coleman, Reiter)
Councilmember Benanav moved to Adopt the Findings of Fact, Conclusions, and
Recommendations of the Administrative Law Judge
Adopted Yeas - 5 Nays - 2 (Coleman, Reiter)
29. Final Order - 99-113 - In the matter of improving Victoria Street from Larpenteur to Arlington
Avenues with bituminous roadway, concrete curb and gutter, concrete driveway aprons and
outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system, and all
other work necessary to complete improvements for the Grotto/Hoyt Street Paving and Lighting
Project. (File #18884A)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
February 3, 1999 City Council Summary Minutes Page 12
Adopted Yeas - 7 Nays - 0
30. Final Order - 99-114 - In the matter of constructing Mackubin Street from Larpenteur Avenue to
Idaho Avenue, Cohansey Street from Idaho Avenue north to the cul-de-sac, and Idaho Avenue
from Mackubin Street to Cohansey Street with bituminous roadway, concrete curb and gutter,
concrete driveway aprons, boulevard sodding, tree planting, construction of a lantern style lighting
system, water sanitary sewer and storm sewer service connections, watermain, and all other work
necessary to complete the Cohansey Park Paving and Lighting Project. (File #18888)
Gerald Frisch, the developer, appeared. He said he has reached accommodation with the Public
Works Department, and any objections are withdrawn.
Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
31. Public hearing to consider the appeal of Michelle Hotzler to a decision of the Heritage
Preservation Commission (HPC) denying approval of a building permit to construct a garage at
472 Dayton Avenue. (Laid over from December 9, 1998)
Councilmember Blakey moved to lay this matter over to April 7 as Michelle Hotzler is working
with the HPC.
Laid over to April 7 Yeas - 7 Nays - 0
32. Public hearing to consider the appeal of Ronald J. Severson to a decision of the Planning
Commission upholding the Zoning Administrator's denial of a site plan for a carriage house and
garages at 420 Portland Avenue.
Jim Zdon, Department of Planning and Economic Development, appeared and stated this case
goes back about nine years. At that time, 420 Portland was part of 415 Summit Avenue. The
owner at that time applied for a lot split to create 420 Portland. City staff approved the lot split,
but the approval was in error; the error was in creating the two new lots as 415 Summit required a
variance. Whenever there is a variance, a lot split can only be approved when it goes to the BZA
(Board of Zoning Appeal) in a public hearing process. Over the next six years, the owner was
unsuccessful and sold the property to Robert Severson in 1996. In 1998, Mr. Severson submitted
a site plan for developing 420 Portland. His site plan consists of a two level carriage house. This
site plan was denied by the zoning administrator based on an opinion of the city attorney citing
that for a site plan to be approved, it has to be consistent with Saint Paul ordinance. Mr. Severson
appealed to the Planning Commission and the zoning administrator's denial was upheld.
(Reiter left and returned)
Councilmember Harris asked if 420 Summit was used for parking. Jim Zdon responded that it
was. Mr. Harris asked if it is not a valid lot split whether there can be a valid owner. Phil Byrne
responded it is possible to have multiple ownership in a parcel without having a lot split approved.
In this case, the advice is that since it was done unlawfully, in effect it never happened and the lot
February 3, 1999 City Council Summary Minutes Page 13
has not been split at all. Mr. Harris asked if the City told the developer the lot was split. Mr.
Zdon responded City staff approved this for a lot split but they did not follow the right process.
Council President Bostrom asked if city staff does not follow the right process whether it
invalidates the process. Phil Byrne responded that has been the advice given by Assistant City
Attorney Peter Warner and that is the basis on which the Zoning Committee and the Planning
Commission denied site plan approval. There may be another alternative instead of voting on the
site plan approval. If the lot split did not occur, this application could be continued and Mr.
Severson could reapply for the lot split. Since the effect of doing the lot split is to leave the lot at
415 Summit in a state of illegality, a variance would be needed. The Board of Zoning Appeals
could hold a hearing, determine whether or not to grant the variance and whether or not to grant
the lot split. It would come back before the Council on appeal of the issue of whether the
application for the lot split is correct. If it is correct and he does get a lot split, then there is no
basis on which to deny the site plan.
Councilmember Lantry asked if there was a way to split the lot without 415 Summit needing a
variance. Mr. Zdon responded he did not believe so and Phil Byrne responded not unless they
draw the lot split in a different place with agreement by the parties. If the lot line stays where it
is, there is not enough rear yard at 415 Summit to meet City requirements. Ms. Lantry stated this
will raise questions if the Council goes back in history to make this correct.
Council President Bostrom stated a person would rely on a title search and would have no reason
to go beyond that. Phil Byrne responded that whether they would rely on what they found would
depend on the deeds and the documents they saw. Councilmember Harris stated if the property
says it is split and the City has said that the lot is split, the Council cannot expect people to look at
the Council proceedings from 1930. The City made a mistake, there is someone who wants to
build more housing on this lot, and the Council has visited this issue several times.
Councilmember Benanav asked what consequence there is if the Council votes to let the owner
build. Phil Byrne responded the neighbors might feel they have a claim for damages. What was
an open vista is now converted to something else. If the Council denies the site plan, it raises an
image of Ronald Severson making suit. There are a number of legal doctrines that would make a
recovery not so easy.
Ronald Severson, 415 Summit Avenue, appeared and stated the lot was split in 1990 and he
purchased it in 1996. Mr. Severson was told there should have been a public hearing. There was
a public hearing on a request to build a 1700 square foot carriage house with 7 variances and this
was approved. The owner could have built it, but he did not have the financing. Three years
later, he went back to the Board of Zoning Appeals with a request for a 2000 square foot carnage
house with additional variances that were also approved. Again, the owner could not get the
financing and did not build it. If the City had proceeded correctly and had a public meeting in
front of the Board of Zoning Appeals (BZA), considering they approved both these plans, it seems
reasonable they would have approved the lot split. Mr. Severson bought the lot in 1996, he sent a
letter to the BZA asking that they approve it, and he built a retirement carriage house, similar to
the carriage house that was on it around the year 1900. It was a two story carriage house about 32
February 3, 1999 City Council Summary Minutes Page 14
feet by 32 feet which is roughly the same footage that Mr. Severson would like to build. Mr.
Severson showed the Council a plan for the house and noted that no variance is needed if the lot
split is upheld. The Heritage Preservation Commission voted 14-0 to approve the house because
they felt it would be an asset to the community.
John Miller, attorney for Ron Severson, appeared and stated there are several items the Council
should take into consideration. When Mr. Severson purchased the property, he had no knowledge
that there was an irregularity in the lot split. The error was discovered about 8 years after it
occurred. There was intense scrutiny of this property but not once did anyone object to the
development of the parcel on that basis. The parcel out of compliance is 415 Portland. The staff
concluded there never was a lot split for zoning purposes. It makes no sense to allow the owner of
one parcel to have complete veto power over the development of an adjacent parcel because of a
mistake made 8 years before, he said.
Mark Vaught, representing the neighbors at 415 Summit Avenue, appeared. He stated that Mark
Voerding discovered the illegal lot split and wrote a letter which Mr. Vaught distributed to the
Council. Mr. Voerding argues that this was an illegal lot split that never took place. There is
nothing to argue with the conclusion arrived at by the BZA, the Planning Commission, and the
City Attorney's Office. What Phil Byrne suggests is reasonable, he said, and his clients would not
oppose that process happening. If the Council does not grant Ron Severson's appeal, he will sue;
if the Council does grant Mr. Severson's appeal, someone else will sue. Mr. Vaught's clients-the
majority of the owners of the condominium units at 415 Summit Avenue-said they were willing to
negotiate a purchase to reunite those two parcels.
Carol Clark, 415 Summit Avenue, appeared and stated that Ron Severson said that people knew
that something would be built in back, which is not true. Ms. Clark owns the two car garage in
the back. The City approved a two car garage, paving,and the parking spots that the association
and the owners were entitled to. Also, the owner who originally applied for the carriage house
sold the property to someone else before it was sold to Mr. Severson.
Councilmember Harris moved to close the public hearing Yeas - 7 Nays - 0
Council President Bostrom stated this issue has gone on for 8 to 9 years. The question of the
Council is to make a decision or set up a process to start all over again.
Councilmember Harris moved to grant the appeal, including approval of the site plan, granting the
lot split by making a fmding that in this situation the standards of 67.304 are met, particularly
with granting of variance, and granting variance to 415 Summit Avenue. Phil Byrne stated there
is a provision that allows the Council in these appeals very broad authority to do what needs to be
done to make the situation right.
Councilmember Blakey stated the best way is for the Council to not do anything and for the
process to be done correctly. The only two options that would work are to deny it or allow the
process to be done in the correct way.
February 3, 1999 City Council Summary Minutes Page 15
Councilmember Reiter stated the solution would be if the condominium association came to an
agreement on the purchase of the property and everyone would be satisfied.
Councilmember Lantry stated with all the public hearings before the BZA, Planning Commission,
and the HPC, there should have been some district council input during the process.
Councilmember Blakey responded they may have been dealing with the site plan and not the issue
of the lot split. These need to be separated as there are easement rights involved and it may cause
a legal problem.
Motion of Intent - Appeal granted, including approval of site plan, granting lot split by making a
finding that in this situation the standards of 67.304 are met, particularly with granting of
variance, and granting variance to 415 Summit Avenue.
Yeas - 5 Nays - 2 (Blakey, Reiter)
Councilmember Benanav moved to adjourn the meeting
ADJ U DAT7:12P.M.
amel ostrom, Council President
ATTEST:
Minutes approved by Council
Nancy And n ( i,,P„.e.A rl \.‘‘‘
Assistant Council Secretary
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