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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 m/mce a IN is �� N k J, oR W 0 � t -\ I 1 CI)a, 1 _ a �. i 5 Ti / .`_: d n1 tT^ '`iy-< 6\ v, , (- Z • k ��'�: V) T.._ IwM a ''-' c'' - '-. .\ N '' %C) ''r \j) Al c.) 4 '' V ''''S\4- 9 .R' (9 SI i a r i __) ,. Ni. _c_ ,- :1 ;-_ , , ,_ ,.i,2 -k-, ., ________ __ ‘-',-,_, -- l` ' 5 --)- \a ) '' - _, _____I ..-:,_ ,_ ___ ar cil w j7_ EI)D