Approved Minutes 1-14-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, January 14, 1998 - 3:30-5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Council President Bostrom called the meeting to order at 3:30 p.m.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA
Councilmember Harris moved approval of the Consent Agenda.
Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of October 1, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Frank Auge, Jr., Norman Foster, Augustine Halle, and Beth Soholt.
Referred to Employee/Risk Management Division
3. Third-Party Summons and Complaint in the matter of Marvin Segelstrom vs. Crafco, Inc. and
Fenelon Sales, Inc., f/k/a Spec Materials, Inc., and Fenelon Sales, Inc., f/k/a Spec Materials, Inc. vs.
the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
January 28, 1998 at 5:30 p.m. in the City Council Chambers to consider the report of the
Administrative Law Judge concerning licenses held by Bilco, Inc., dba Billy's on Grand, 857 Grand
Avenue.
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
January 28, 1998 (rescheduled from October 22, 1997) at 5:30 p.m. in the City Council Chambers
concerning all licenses held by Pat McGovern's Inc., 225 7th Street West.
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
January 28, 1998 (rescheduled from October 22, 1997) at 5:30 p.m. in the City Council Chambers
concerning Auto Repair Garage License held by Lewis Stevens, dba Civic Center Auto Repair, 459
Toronto Street, for failure to pay 1997-98 license fees.
January 14, 1998 City Council Summary Minutes Page 2
7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
January 28, 1998 at 5:30 p.m. in the City Council Chambers concerning Taxicab Driver's License
held by Wayne Ellis, 1428 Sherburne Avenue.
8. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on January 28, 1998 to consider the appeal of Tricia Leonard and
Greg and Carol Clark to a decision of the Heritage Preservation Commission granting approval of a
building permit to construct a structure with one dwelling unit and four garage stalls(proposed by
Ronald Severson) at 420 Portland Avenue(south side between Summit and Arundel).
9. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring 202
Charles Avenue and 675 Sherburne Avenue (front house) as "nuisance properties." (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
10. Administrative Orders:
D001411 Transferring $20,000 from City Council's activity to Fund 050 to provide funding for
1998 Inaugural events.
D001412 Approving re-allocation of funds within the current budget of the Mayor's Office to
reflect and account for current expenditures.
D001413 Addition of$11,176.98 to the contract for Como Park Conservatory - Phase Two:
Sitework.
D001414 Addition of$6,802.43 to the contract for Como Park Conservatory- Phase Two: Site
work.
Noted as on file in the City Clerk's Office
11. Resolution- 98-1 - Approving the July 1, 1997 - June 30, 1999 Labor Agreement between the City
of Saint Paul and District Lodge No. 77 International Association of Machinists and Aerospace
Workers AFL-CIO. (Laid over from January 7 for adoption)
Adopted Yeas- 7 Nays - 0
12. Resolution- 98-26 - Approving the reappointments of Major Thomas H. Hueg and Carol Ann
McGuire, by Mayor Coleman, to the Metropolitan Aircraft Sound Abatement Council.
Adopted Yeas - 7 Nays - 0
13. Resolution- 98-27 - Approving the elections of Gerry Strathman as Secretary of the City Council
and Nancy Anderson as Assistant Secretary of the City Council.
Adopted Yeas - 7 Nays - 0
14. Resolution - 98-28 - Approving the appointment of Lisa Nasseff as Assistant to the Mayor effective
January 2, 1998.
Adopted Yeas - 7 Nays - 0
15. Resolution- 98-29 - Approving the addition of 49 organizations to the eligible list for the 1998
Charitable Gambling 10% Club.
Adopted Yeas - 7 Nays - 0
January 14, 1998 City Council Summary Minutes Page 3
16. Resolution- 98-30 - Accepting refreshments from Norwest Bank Corporation for City employees
attending a meeting of the Saint Paul Community Development Task Force on January 20, 1998.
Adopted Yeas - 7 Nays - 0
17. Resolution- 98-31 - Requesting the Mayor's Administration, through the Director of Human Rights,
to report back to the City Council by February 11, 1998 with an action plan to address housing
discrimination in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
18. Resolution- 98-32 - Approving the transfer of Saint Paul Cable Television Franchise from US West
to Charter Communications. (Companion to Item#34; discussion will follow public hearing)
Gerry Strathman, Council Research Director, appeared. When reviewing the request for transfer of the
cable franchise there were four issues City staff looked at: whether the prospective owner of the Saint Paul
cable system had the financial, legal, and technical qualifications to fulfill the requirements of the Saint
Paul franchise and also if this proposed transfer would cause harm to the City. Staff believes all these
concerns have been resolved and recommended the transfer be approved.
The legal, technical and financial qualifications of the prospective franchisee are addressed in the staff
report. City staff found no legal prohibitions to Charter Communications taking control of this system. The
company is qualified to operate the system in St. Paul for two reasons: 1) they are proposing to invite all the
current staff operating the system to continue with them; therefore, there is no reason to believe a change in
ownership would affect the technical qualifications of the staff. 2) Charter Communications, the parent
company, is a national company which operates in excess of 400 cable systems elsewhere in the country and
has over a million subscribers.
Mr. Strathman stated the City's consultants, an accounting firm that specializes in this, went over all the
documents submitted in support of this application. For the most part, they found the finances behind this
proposed transfer control were in line with industry standards. There were two areas of concern. 1) The
financing for the capitol improvements on this system is slightly lower than the industry standard. The
reason is Saint Paul and all the other systems which are part of this transaction are at the point in their
technical life where they all require major upgrades. Charter Communications is making major capitol
improvements on all the systems which is somewhat stretching their finances. 2) The other area of concern
has to do with the financial guarantee. The City's current franchise is guaranteed by U.S. West which
means if there are financial difficulties, there is someone who will financially stand behind the system.
Because U.S. West is such an extraordinary strong guarantor, it is almost a given that any other guarantor
would be weaker. The primary guarantor that's being offered is called CCTC Holdings which does have
financial resources but not at the extent that is available through U.S. West. However, neither of these
concerns rise to the level of saying they are not financially qualified.
The fourth issue has been the one most problematic in many ways, Strathman said. The best way to ensure
the City is not harmed by this transfer of control was to enter into a replacement franchise. It would be a
new franchise that would take place when and if the closing occurs whereby U.S. West would transfer to
January 14, 1998 City Council Summary Minutes Page 4
Charter Communications. The current franchise expires in 18 months. Because of the short remaining life
of the franchise, it was difficult to find ways to remedy losses to the City in such a short period of time.
However, Charter Communications agreed through discussions they would enter into a new franchise that
would be for ten years. The new franchise addresses all of the concerns the City has with the transfer and
insures the City would not be harmed.
The new franchise must be adopted by ordinance. Because the new ordinance is integral to the transaction
as a whole, it is important to understand the terms of it.
Mr. Strathman stated this is a ten year franchise being proposed as a replacement. It does include a clause
that says at the City's option this franchise can be extended to an additional five years. Over the life of the
ten year franchise, the cable company will pay the City a 5% franchise fee, 5% of gross revenues, which
currently is about $1.2 million a year. Over the life of the franchise, the payments to the City will be in
excess of$12 million. If it were extended for 15 years, it would be approximately $18 million. St. Paul
represents about $100 million or about 1/6 of that transaction. It was agreed Charter Communications
would keep 1/6, or about 17%, of their employees in St. Paul.
Under the replacement franchise, Charter Communications agreed to upgrade the subscriber network, which
is the network people see at home. It was recently upgraded to 450 to 550 megahertz, which went from
about 60 to 75 channels. It is a very expensive proposition they have agreed to enter into in Saint Paul.
They also agreed to reserve seven channels on the system for public use. Four of those would be for
general public access: government, education, regional, and another access channel if requested.
The institutional network--the one which the public does not see but is very important to governmental,
public, and educational institutions--is also a major aspect. The public would continue to maintain control
and use 80% of the system. If there is any upgrade of the system, Saint Paul will share 50-50 and any
additional bandwidth that is provided on the institutional network to activate an additional data channel.
The activated data channel costs in excess of$100,000 each and these would be very valuable to the City in
terms of high speed data communications and cost avoidance of telephone lines and other things used.
Charter Communications agreed to activate an additional data channel, again another $100,000 expenditure
for the public schools. They agreed to give the City $100,000 for each of the next five years to assist in
developing the use of the network. Charter Communication agreed to build a new fiber overlay for the
institutional network where they will run direct fiber communications to ten locations in the City which will
become data centers. The location of those will be designated by the City.
Mr. Strathman stated in terms of public access, whereby non commercial users get to use the television,
Charter Communications agreed to continue to support public access at or above the level that has been in
place for the last 13 years. If this replacement franchise is approved, they will pay out to the designated
entity, that is whoever the city determines shall be providing those service to St. Paul. They will pay
$500,000 for capital in the first year of the franchise, $500,000 in the third year of the franchise, $500,000
in the seventh year of the franchise, and$50,000 every year of the franchise for capital. This is about a$2
million commitment for public access in St. Paul. They have agreed to continue to provide financial
support to the access community in the amount of$630,000 annually in constant dollars. They also agreed
they will continue to provide facilities and services within the Union Depot as it exists now.
January 14, 1998 City Council Summary Minutes Page 5
If the City decides to exercise its option to extend this to a 15 year franchise, they agreed they will make
another $250,000 payment from the 11t anniversary and continue to make the $50,000 a year payments.
Mr. Strathman summarized by saying staff is recommending approval of the transfer agreement and that the
Council hear the first reading of the replacement ordinance. Should the City Council at any point decide
that it does not wish to enter into this replacement franchise agreement, then the entire transaction becomes
void. Likewise, should the cable company at any point decide they wish to withdraw from this franchise
process, then the transfer agreement would in fact be retroactively denied.
Councilmember Harris asked if the data channels were for all schools. Strathman replied yes. Mr. Harris
asked about maintaining equipment at the Union Depot. Gerry Strathman responded there is more existing
access facilities at the Union Depot. There are studios, switching equipment, office space, etc. which are
there by virtue of previous agreements made with the cable company that they would provide these
facilities.
Councilmember Coleman asked about Saint Paul's rights if they were to withdraw. Mr. Strathman replied
there is no damage clause. The result would be that the transfer would be deemed denied. The City's
denial is appealable in the courts. There is language in the transfer agreement which addresses the City's
obligation should it withdraw or decline to approve the replacement franchise. That language was added at
the suggestion of Philip Byrne, Assistant City Attorney. Charter Communication has given no indication
that they intend to withdraw from the agreement.
David Barford, senior vice president for Charter Communications, appeared and stated there is currently a
contract between Charter and U.S. West for Charter to assume these properties and close. U.S. West had
come to the conclusion they would hold onto these properties and has asked the Federal Communications
Commission(FCC) for an extension to spin off the cable division separate from their telephone division.
That is currently pending at the FCC. If the FCC does extend that period of time, U.S. West has told
Charter Communication they will indeed transfer the contract and hold onto these systems. If U.S. West
did get the extension and canceled the contract, Charter would not be the operator and could not enter into
the franchise. The FCC will either rule quickly and/or complete all the transfers in approximately two
weeks and move to close which will happen in about thirty days.
Gerry Strathman noted a public hearing will be held later in this meeting regarding the transfer and,
therefore, he recommended waiting until after the public hearing before the Council takes action on the
proposed ordinance or regulation.
(This matter was discussed with Item 34)
ORDINANCE
19. Final Adoption - 97-1535 - An ordinance amending Saint Paul Legislative Code §147.01 provided
in Ordinance No. 13535 adopted January 31, 1967 pertaining to the designation of that portion of
Jessamine Avenue bounded by Lexington Parkway and Beulah Lane as a one-way street.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
January 14, 1998 City Council Summary Minutes Page 6
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution- 98-40 - Approving application for a permanent expansion of liquor service area into an
addition at the rear of the building by Buca, Inc., dba Buca Italian Restaurant, 2728 Gannon Road.
Adopted Yeas - 7 Nays - 0
22. Resolution- 97-507 - Approving application for an On Sale Malt(strong beer) license by L & A
Consulting& Food Service, dba Ristorante Luci Ancora, 2060 Randolph Avenue. (ID#11707)
(Laid over from October 22, 1997)
Councilmember Harris moved to lay over to January 28 as he was informed by the Office of
License, Inspections, and Environmental Protection that they had not sent proper notification for the
public hearing.
Laid over to January 28 Yeas - 7 Nays- 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution- 98-41 - Accepting complimentary tickets from Cenaiko Productions, Inc. to an Opening
Night Celebration and general admission to the 1998 Minnesota Sportsmen's Boat, Camping&
Vacation Show.
Councilmember Bostrom stated all Councilmembers offices received tickets.
Adopted Yeas - 7 Nays- 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution- 98-42 - Accepting a gift of$20,000 from the Saint Paul Firefighters Local #21 Benefit
to outfit an honor guard and for continued educational purposes promoting the safety of Saint Paul's
firefighters and citizens.
Adopted Yeas - 7 Nays- 0
18a. Resolution- 97-1580 - Authorizing the Department of Planning and Economic Development to
begin the implementation process for the 1998 Neighborhood STAR Program. (Laid over from
December 30, 1997)
Robert Hammer, Department of Planning and Economic Development(PED), appeared and stated
the resolution is a result of people who were concerned the City was not going to have a STAR
funding round in 1998. This resolution confirms that the City will have a STAR Program.
Councilmember Benenav asked about the guidelines. Robert Hammer responded they have
remained the same as last year. Mr. Benanav asked about the purpose of the workshop on January
22. Mr. Hammer responded that it is an orientation meeting to inform people about the STAR
process. The STAR Board will be recommending some changes to the large loan programs and it
will come before the Council for review in a month. The Board will be recommending that the large
loans be available all year round instead of just in the fall because some businesses may not be able
January 14, 1998 City Council Summary Minutes Page 7
to wait a year for a loan. Mr. Benanav stated he would like to see the guidelines disseminated
broadly and returned to the Council before approval.
Councilmember Harris stated there should not be a bureaucracy to get a loan from this program. It
should not be just the people that know about the funds who receive them.
Council President Bostrom suggested Mr. Hammer come before the Council in four weeks with a
proposal. Councilmember Benanav suggested the Council look at the proposal with two weeks
advance notice after the appropriate community input. Mr. Hammer stated staff intended to bring
the proposed changes which came from the STAR Board to the community council organizers.
Councilmember Lantry suggested input should be received from people who did not get their project
approved. Councilmember Coleman concurred and felt there should not be a meeting where people
are asked to comment on a presented proposal; instead, the meeting itself should create the
document. In this case, there will not be a staff driven result.
Council President Bostrom felt the Council should recognize and respect the STAR Board in this
process. Mr. Bostrom asked how the STAR Board procedures were created. Mr. Hammer
responded it was a cooperative effort among the STAR Board, City staff, and neighborhood staff.
Each year the guidelines were changed to make the process better. Councilmember Coleman added
he sat on the original task force that studied how this would be implemented and the ultimate
decision was not in accordance with what the task force suggested.
Councilmember Blakey moved that a discussion take place at the policy session on February 18.
Roll Call Yeas - 7 Nays - 0
Councilmember Coleman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
(The meeting was recessed from 4:35 to 5:30 p.m.)
PUBLIC HEARINGS
20. Third Reading- 97-1568 - An interim ordinance preserving the status quo with respect to
advertising signs in the City of Saint Paul pending the completion of studies of possible amendments
to the City 's comprehensive plan and zoning regulations relating to advertising signs. (Laid over
from December 22, 1997)
Robert Kessler, Office of License, Inspections and Environmental Protection(LIEP, appeared and
stated the present sign ordinance was revised in 1988. There are three special sign districts with 45
pages of additional regulations. The special sign districts include Smith Avenue, Grand Avenue,
and Highland Village. LIEP has 25% of one technical staff person and 5% of a clerical person to
oversee the enforcement of regulations of signs. The City does not have an accurate number of
advertising signs and locations. A rough estimate would be approximately 550 locations and 1,000
sign faces because most poles have two sides. Mr. Kessler does not believe any signs have been
January 14, 1998 City Council Summary Minutes Page 8
constructed without permits in the past ten years. The industry is self policing and generally
responsible. Thirty-nine signs have been removed and nine new signs constructed with credits. Four
sign permits are currently pending and all are for replacement of an existing sign.
Councilmember Benenav asked about special districts that do not allow new signs. Mr. Kessler
responded that the three special sign districts allow certain kinds of signs but prohibit advertising
signs. These districts were the results of a study done by the Department of Planning and Economic
Development in consultation with neighborhood organizations and the business community.
Councilmember Coleman asked about signs near Shepard Road between Randolph and downtown.
Wendy Lane, LIEP, appeared and stated if the requirements were met, a new sign could be installed
without credits. Councilmember Coleman asked about downtown. Robert Kessler responded
generally there is a ban downtown of advertising signs but they can be constructed in certain parts of
the eastern area of the central business district in Lowertown near the Lafayette freeway. Ms. Lane
added there was a variance granted for signs at the eastern end of Lowertown that has never been
built and an application has not be filed. The variance is good for one year.
Councilmember Lantry asked about the areas that cannot have signs and how the area size is
determined. Mr. Kessler responded that it is decided in the planning process.
Council President Bostrom asked who established the design committees that made the
recommendations. Robert Kessler responded that it was part of the planning process in cooperation
with the neighborhood groups.
Councilmember Benanav asked about the content of signs. Robert Kessler responded that only the
location and size are controlled. Mr. Benanav noted that Minneapolis' sign system is more
restrictive where two signs have to come down for every sign that goes up. Mr. Kessler stated that
is correct and it has resulted in a reduction of signs in the neighborhoods and an increase along the
newer freeways.
Tim Marx, Deputy Mayor, appeared and stated that a moratorium says to a business or activity that
you must stop any thought of going forward with the activity which is currently legal. In some
cases, the Administration and Council have worked together on moratoriums when there is an
immediate threat or issue to the public safety and interest or the planning process. In this case, those
criteria are not satisfied. The City has a very restrictive sign ordinance. There has been a net
reduction of signs over the last several years. The industry is functioning and should be allowed to
continue to function. It sends a wrong message to the business community to adopt a moratorium
when there is not a specific problem or concern. In past meetings with the outdoor advertising
company, they are willing to work with neighborhood groups and Councilmembers on various
issues that affect people. The Administration suggests this ordinance be withdrawn and the
Administration and City Council work together and understand what issues concern the Council and
the constituents and direct PED to work on a study to address the legitimate issues and come back
with changes.
January 14, 1998 City Council Summary Minutes Page 9
Councilmember Coleman stated the vision of the Riverfront is inconsistent with a lot of billboards
being there. He supported the study until learning the issue of credit does not apply to Shepard
Road. Tim Marx replied that thinking something might occur does not justify putting in place a
regulation that says you simply cannot do it because it would affect all areas of the City. Instead of
engaging in speculation that it could occur, the City should accept the fact that it is very unlikely to
occur. The business should be allowed to continue without a moratorium. If a moratorium is down
the road and the Council requires taking out and paying for some of the signs, maybe that is the
appropriate price to pay for allowing business to go forward and not imposing undue regulations.
Mr. Coleman stated the Council is obligated to avoid the situation of liability.
Councilmember Benanav stated business representatives felt it was appropriate to have more signs in
certain areas. In other areas, it was appropriate to build non-conforming signs with credits, etc.
They fought hard for no signs in their districts. Mr. Benanav said in the Mayor's veto letter he did
indicate there was some confusion. Tim Marx responded that the City should listen to the
community and to industry and see if consensus can be met on a proposal. These issues can be best
discussed outside the context of a moratorium.
Councilmember Lantry stated the industry is on a self imposed moratorium. No one has put up any
new signs, therefore, a three month moratorium would not affect the industry.
In answer to a question of Councilmember Blakey, Tim Marx said the Mayor's Office and the
Council have worked together for the last four years with review councils and had others look
carefully at the regulations the City has, and determine whether there is a public purpose and
necessity for them. The City has done a good job at that and needs to continue down that path.
Before imposing regulations on a business, the City should listen to the business community and
make a judgement as to whether the regulations is necessary and what sort of signal is being
conveyed. Saint Paul needs to send a message that it welcomes business people.
The following people spoke in opposition to the ordinance:
Mark Moeller, Business Review Council
Michael Cronin, Universal Outdoor Advertising, 8809 West Bush Lake Road, Bloomington
Larry Laumeier, representing over 570 members of Local Union 880 who are involved in the sign,
display, and screen process in the Twin Cities and representing 53 companies
Harry Milander, Saint Paul Building Trades
Peter Remish, Midwest Outdoor Advertising at 1103 Homer Street
The following people spoke in support of the ordinance:
Heather Worthington, Saint Anthony Park Community Council
Peggy Lynch, Friends of Parks and Trails
Shaun Bartsch, Highland Area Community Council, District Council, Gateway Project
Tom Welna, Pier 1 Harriet Island, Covington Inn
Brian Bates, 1985 Grand, Scenic Minnesota;
John Manillo, Scenic Minnesota
January 14, 1998 City Council Summary Minutes Page 10
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays- 0
Laid over to January 28 for final adoption
21. Third Reading- 97-1591 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to amend the presumptive penalties for gambling.
Robert Kessler, Office of License, Inspections, and Environmental Protection(LIEP), explained this
ordinance has not been approved by LIEP or the Mayor's Office and he recommended the Council
vote against it. He reminded the City Council they adopted an ordinance for fines to be assessed for
first offenses on most violations that occur for liquor establishments. This ordinance also establishes
a fine. It goes further to differentiate among the types of illegal gambling and sends the wrong
message.
Councilmember Reiter moved to withdraw.
Withdrawn Yeas- 7 Nays- 0
23. Resolution- 97-1558 - Approving application for a Game Room License by Binh Nguyen, dba Truc
Mi Billiards, 2422 University Avenue West. (ID#14740) (Laid over from December 22, 1997)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
24. Resolution- 98-33 - Approving application for Off-Sale Malt, Cigarette & Grocery(C) Licenses by
Ahmad Alkousa, dba Kings Market, 920 Selby Avenue. (ID #36792)
Councilmember Blakey moved to layover to February 4, 1998 in order for the district council to
have a community issues meeting.
Laid over to February 4 Yeas - 7 Nays - 0
25. Resolution- 98-34 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 2164 Lower Saint Dennis Road, 204 East Sidney
Street, 1152-1166 Barclay Street, 619 North Street, 608 and 612 Lincoln Avenue, 1879, 1885 and
1849 East 7th Street, and 1015 Topping Street.
Councilmember Lantry requested that the Seventh Street addresses be voted on separately. She
moved to deny the request for a variance noting that there have been a number of police calls, and
there is a lot of water damage because of the state of windows. It is an opportunity for the owner to
come into compliance because the units are not occupied.
Councilmember Harris asked what would happen without the variance. Gerry Strathman replied if
the variance is not granted, the units will not be allowed to be occupied until the deficiency is
corrected and they will not be able to get a certificate of occupancy from the Fire Department until
the windows are brought into conformance.
Councilmember Lantry moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0 (Variance denied on 1879, 1885 and 1849 East 7th Street)
January 14, 1998 City Council Summary Minutes Page 11
26. Resolution- 98-35 - Ordering the owner to remove or repair the building at 1010 Seventh Street
West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Coleman moved approval.
Adopted Yeas- 7 Nays - 0
27. Resolution- 98-36 - Ordering the owner to remove or repair the building at 130-132 Winifred Street
West/489 Bidwell Street within fifteen 5 (five) days from adoption of resolution. (Legislative
Hearing Officer recommends approval)
No one appeared in opposition.
Councilmember Coleman stated there have been problems because of the way buildings are taken
down. Gerry Strathman responded city contractors are to clear property one foot below the grade.
The Council could pass a resolution for the demolition to go further, but there would be cost
implications.
Gerry Strathman suggested this issue could be a policy session issue. Sometimes they are small
houses on unbuildable lots. This will simply be green space and it would not be economical to do
excavation for no purpose.
Reneta Weiss, Public Health, appeared and stated state statute rules how the building should be
taken down and the City is suppose to use a limited amount of funds. When the complete
foundation is taken, it is usually when something is being done in conjunction with the Department
of Planning and Economic Development and they pay the difference.
Councilmember Coleman said he does not feel this property poses an immediate danger.
Gerry Strathman stated the owner removed the ground floor and the basement is open. Reneta
Weiss stated children live to the side of this building and whenever the property is opened, Ms.
Weiss does an emergency boarding on the property. She is concerned that someone could be
injured.
Councilmember Coleman moved approval of the resolution with an amendment for demolition in
five days.
Adopted as amended Yeas - 7 Nays- 0
28. Resolution- 98-37 - Approving the vacation of a portion of Idaho Avenue lying between Lot 15
Block 3 Rice Street Villas and Wheelock Parkway right-of-way.
No one appeared in opposition; Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
(Items 29 and 30 were discussed in tandem)
29. Final Order- 98-38 - In the matter of improving the alley in Block 19, Merriam Park Addition
(bounded by Iglehart, Wilder, Carroll and Moore) by grading and paving with bituminous material.
(File #18865)
Councilmember Harris moved to lay over to February 11 Yeas - 7 Nays - 0
January 14, 1998 City Council Summary Minutes Page 12
30. Final Order- 98-39 - In the matter of improving the alley in Block 19, Merriam Park Addition
(bounded by Iglehart, Wilder, Carroll and Moore)by grading and paving with bituminous material.
Also, condemning and taking an easement in the land necessary for the slopes, cuts and fills in the
grading and paving of said alley. (File#18865-S)
Paul St. Martin, Department of Public Works, appeared and requested Items 29 and 30 be laid over
four weeks.
Councilmember Harris moved to lay over four weeks.
Laid over to February 11 Yeas - 7 Nays - 0
(Items 31 and 32 discussed in tandem)
31. Final Order- 97-1495 - In the matter of construction of concrete curb and gutter, new bituminous
roadway, concrete driveway aprons, boulevard sodding, tree planting, and construction of a lantern
style lighting system in conjunction with the Margaret/Arcade Area Street Paving and Lighting
Project generally bounded by Reaney, Earl, Hudson Road and Swede Hollow. (File#18855) (Laid
over from December 10)
Councilmember Harris moved approval as amended.
Adopted as amended. Yeas - 7 Nays - 0
32. Final Order- 97-1496 - In the matter of construction and/or repair of sanitary sewer, storm sewer
and/or water service connections, if requested by the property owner, in conjunction with the
Margaret/Arcade Area Street Paving and Lighting Project. (File #18855-Conn) (Laid over from
December 10, 1997)
Mike Bilyers, 292 Bates, appeared and expressed concern that the homeowners would be assessed.
He said he has lived in this neighborhood all his life and his house is one of the oldest on his side of
Third Street.
Lisa Falk, Project Engineer, showed the Council diagrams of the area and discussed options with the
Council.
Jay Stoeffker, 324 Bates Avenue, appeared and stated at one point the position of Public Works was
to remove and reset the granite and the homes would be assessed at $44 a foot. Mr. Stoeffker
proposed a petition to leave the granite in place.
(Benanav and Harris left and returned)
Carol Carey, 635 Bates Avenue, appeared and asked about Greenbrier between 7th Street and Mowry
on the west side noting that Public Works is proposing to replace the sandstone with standard
concrete.
Councilmember Lantry said she thought no one was getting the standard concrete curb and gutter.
Lisa Falk responded that a move to colored concrete would necessitate a separate public hearing
because the assessment is higher. It would be bid as alternate so it would not hold up the project.
January 14, 1998 City Council Summary Minutes Page 13
Peter White, Real Estate Division, appeared and stated this project should be approved with the
amendments discussed. It would take approximately 2 to 3 months to get a public hearing ready and
then there would just be some minor adjustments to be considered for the couple of streets
discussed.
Ken Timmerman, 342 Bates, appeared and stated he is being assessed twice as much as some other
individuals. Peter White responded the rate is the same for all properties with the exception of
corner properties. Mr. Timmerman said he is on a corner lot..
Jay Stoeffker appeared again and stated he was concerned about the lighting on the project.
(Coleman left and returned)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
(The meeting was recessed from 7:40 to 7:50 p.m.)
33. Public hearing to consider the appeal of Pat Byrne to a decision of the Planning Commission
approving a special condition use permit to allow cluster development with ten dwelling units
(applicant: Mendota Homes) at XXX Lexington Parkway South(southwest quadrant of Lexington
and St. Clair Avenues). (Laid over from December 22, 1997)
Beth Bartsch, Department of Planning and Economic Development(PED), appeared, gave a staff
report, and showed slides.
Thomas Beach, Office of Licence, Inspections, and Environmental Protection(LIEP), appeared and
gave some brief comments.
Councilmember Coleman asked about the process for turning this from a private driveway into a
City street. Mr. Beach felt the possible reason for turning it into a private street allowed it to be
narrowed to 20 feet. A public street is typically 32 feet wide. Besides the 32 foot roadway, there is
a right of way on each side and a 60 foot piece of public property. A private street fits into the site
better.
In answer to a question by Councilmember Harris, Beth Bartsch replied the site plan approved by
the Planning Commission was a compromise between the developer and the neighborhood. The
developer had originally proposed 15 units for the site. The developer had cut back the number of
units on the site. The site plan proposed to the Planning Commission had five of those units
accessing the alley from the garages and five of the units accessing the private road.
Councilmember Coleman asked about the rear elevation and the alley access. Beth Bartsch
responded there was a rear elevation that was to be the alley side of the building. Because of the
new site plan, the garages would need to be accessed from the side of the structure as opposed to the
direct rear of the structure as those elevations indicate. The developer may need to rework those
January 14, 1998 City Council Summary Minutes Page 14
elevations somewhat to accommodate the side access as opposed to the rear access. Mr. Coleman
asked about traffic concerns. Mr. Beach said Public Works feels the access to Lexington Avenue
was acceptable. There are other public streets that come into Lexington as well as private
driveways.
Councilmember Benanav asked about emergency vehicles having adequate room and Mr. Beach
responded 20 feet is a standard requirement for a fire vehicle.
The following people appeared in opposition to the Planning Commission's recommendation:
Pat Byrne, 243 South Lexington Parkway;
Ellen Biales, Summit Hill Association District 16 Planning Council;
Dave Schultz, 1120 Saint Clair Avenue, submitted a letter.
The following people appeared in support of the Planning Commission's recommendation:
Erin Maddern, Mendota Homes;
Lou Setheimer, 439 Portland, Historic Hill Homes.
Councilmember Coleman moved to close the public hearing and lay this item over for two weeks for
parties to attempt to reach a compromise.
Laid over to January 28 Yeas - 7 Nays - 0
(The discussion on Item 18 was earlier, but no vote was taken at that time.)
18. Resolution- 98-32 - Approving the transfer of Saint Paul Cable Television Franchise from US West
to Charter Communications. (Companion to Item#34; discussion will follow public hearing)
Councilmember Harris moved to introduce a substitute resolution and approval.
Substitute adopted Yeas - 7 Nays - 0
(An amendment was made to the Transfer Agreement)
34. Public hearing to hear comments on whether the requested transfer of the cable television franchise
from Continental Cablevision of St. Paul, Inc. to Charter Communications, Inc. may adversely affect
Saint Paul cable subscribers. Those wishing to submit written comments on this matter may send
them to Holly Hansen, Cable Officer, City of Saint Paul, 68 City Hall, 15 West Kellogg Boulevard,
Saint Paul, MN 55102. (Public hearing continued from December 3, 1997)
(See related discussion under Item#18)
No one from the public appeared; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Gerry Strathman suggested the Council approve the transfer agreement with the recommended
amendments.
Gerry Strathman requested the Council proceed with the first reading of the ordinance to begin the
process of the transfer.
January 14, 1998 City Council Summary Minutes Page 15
Councilmember Harris moved for suspension of the rules and introduction of the following ordinance:
First Reading - 98-43 - An ordinance granting a replacement franchise for cable service to CC St.
Paul, LLC.
Laid over to January 21 for second reading Yeas - 7 Nays - 0
Councilmember Lantry moved for suspension of the rules and approval of the following resolution:
Resolution- 98-44 - Declaring the City's intent to request the use of Fund 29 (State Bridge Bonds)
for the reconstruction of the Earl Street Bridge.
Adopted Yeas- 7 Nays - 0
Councilmember Coleman moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJ DAT 8:50 P.M.
kinAt-
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy An on (Av 1 \°‘\R'
Assistant Council Secretary
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