Approved Minutes 5-13-1998 Summary MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, May 13, 1998 - 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 at 3:33 p.m. by Council President Bostrom
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 21)
FOR ACTION
Councilmember Harris moved approval of the Consent Agenda. Yeas - 7 Nays - 0
1. Claims of James Boeltl, Montana Avenue Townhomes, and Peter Opatz.
Referred to Employee/Risk Management Division
II2. Notice of Motion and Motion, Affidavits of Patrick F. Quinn, Marc E. Knoche, and Deborah
Deluca in the matter of the Board of Education of Independent School District #625 vs. the City of
Saint Paul, et al.
Referred to the City Attorney's Office
3. Letter from the Department of Fire and Safety Services/Property Code Enforcement declaring 875
Watson Avenue as "nuisance property." (For notification purposes only; a public hearing will be
scheduled at a later date if necessary.)
4. Letters from Ramsey County Property Records and Revenue, Valuation Division, requesting a
reduction in assessed valuation and reclassification for property at 965 Ivy Avenue East (AX98-
0035), 355 Minnesota Street (AT98-0051), and 739 Summit Avenue (AF98-0082).
Referred to the Real Estate Division
5. Administrative Orders:
D001530 Amending the 1997 Special Fund Budget in the Police Department to provide
sufficient funding at the budget control levels of the Police Department's 1997 Special
Projects-Police Special Revenue fund (436).
D001531 Amending the budget of the Community Development Block Grant (CDBG) Fund in
the Department of Planning and Economic Development by transferring CDBG
• funding from the Homeowner Rehab Matching Grant program to the Economic
Development Loan Leverage Fund program.
May 13, 1998 City Council Summary Minutes Page 2
• D001532 Amending the 1998 budget in the Department of Libraries to hire a temporary
employee.
D001533 Authorizing expenditures, not to exceed $1,500.00, for costs incurred by the
Department of Fire and Safety Services to hold graduation ceremonies for new fire
fighter recruits at Hamline University on June 11 & 12, 1998.
D001534 Addition of$29,414.00 to the contract for total demolition and removal of building
structures at the Phalen Village Center.
D001535 Addition of$10,130.92 to the contract for the Wabasha-Humboldt-Concord project.
D001536 Addition of$451.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction Mechanical-Parking Ramp Alternate A.
Noted as on file in the City Clerk's Office
6. Resolution - 98-389 - Approving the appointment of Bob Voeller, by Mayor Coleman, to the Saint
Paul Long-Range Capital Improvement Budget Committee (CIB).
Adopted Yeas - 7 Nays - 0
Resolution - 98-390 - Approving the appointment of Peter Pearson, by Mayor Coleman, to the
Metropolitan Library Service Agenda (MELSA) and Metronet Board of Trustees.
Adopted Yeas - 7 Nays - 0
8. Resolution - 98-391 - Approving the appointments of Christine Funk and Daniel Palmquist, by
• Mayor Coleman, to the Saint Paul Human Rights Commission.
Adopted Yeas - 7 Nays - 0
9 Resolution - 98-392 - Approving the appointments of Lucy Albino and Robert Bergstrom, and the
reappointments of Linda James, Chantha Koy, Truc Pham, Dianne Siegel, and Patrick Xaphakdy,
by Mayor Coleman, to the New Americans Advisory Committee.
Adopted Yeas - 7 Nays - 0
10. Resolution - 98-393 - Approving the appointment of Gillian Griffin and the reappointments of
Carol Andrews, Richard Arey, Molly Fitzpatrick, and Officer Lucia Wroblewski, by Mayor
Coleman, to the Bicycle Advisory Board.
Adopted Yeas - 7 Nays - 0
11. Resolution - 98-394 - Finalizing City Council action taken January 28, 1998 granting 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).
Adopted Yeas - 7 Nays - 0
12. Resolution - 98-395 - Authorizing the proper City officials to accept and expend a $10,000
Minnesota Amateur Sports Commission (MASC) "Mighty Kids" grant awarded to the Division of
• Parks and Recreation for creation of a Girls Club to get girls involved in athletics.
Adopted Yeas - 7 Nays - 0
May 13, 1998 City Council Summary Minutes Page 3
• 13. Resolution - 98-396 - Authorizing the proper City officials to accept and expend a $5,000
Minnesota Amateur Sports Commission (MASC) "Mighty Kids" grant awarded to the Division of
Parks and Recreation for football and basketball team participation fees and a new basketball
scoreboard at Jimmy Lee Recreation Center.
Adopted Yeas - 7 Nays - 0
� - Resolution - 98-397 - Authorizing the proper City officials to accept and expend a $5,000
Minnesota Amateur Sports Commission (MASC) "Mighty Kids" grant awarded to the Division of
Parks and Recreation for reduced cost cross country ski lessons and rental program for youth.
Adopted Yeas - 7 Nays - 0
t15. lesolution - 98-398 - Authorizing the proper City officials to accept and expend a $3,820
Minnesota Amateur Sports Commission (MASC) "Mighty Kids" grant awarded to the Division of
Parks and Recreation for the implementation of two schools for young officials in 1998.
Adopted Yeas - 7 Nays - 0
Resolution - 98-399 - Correcting the legal description of part of Thompson Street that the City
Council vacated in 1996.
Adopted Yeas - 7 Nays - 0
/. Resolution - 98-400 - Conveying easement rights to Lee R. Anderson and Katherine M. Anderson
• (Viking Automatic Sprinkler Building) for storm sewer and watermain purposes.
Adopted Yeas - 7 Nays - 0
�8. Resolution - 98-401 - Releasing utility easements near Benson Avenue and Leland Street in part of
vacated Parmer Street, Leland Street, Agnes Avenue and the alley in Block 3, Mayor's Addition.
Adopted Yeas - 7 Nays -t76. Resolution - 98-402 - Concurring with action taken by the Board of Water Commissioners in
abandonment and release of easement rights in Anoka County, Lot 2, Block 1, Northco Business
Park 4th Addition.
Adopted— Yeas - 7 Nays - 0
�20. Resolution - 98-403 - Concurring with action taken by the Board of Water Commissioners and
release of easement rights in Anoka County, Lot 1, Block 1, Northco Business Park 5th Addition.
Adopted Yeas - 7 Nays - 0
S
May 13, 1998 City Council Summary Minutes Page 4
0 i21. Preliminary Order - 98-404 - In the matter of sidewalk reconstruction on both sides of Bellows St.
from W. Page St. to W. Baker St.; both sides of Clifton St. from James Ave. to Randolph Ave.;
the south side of W. Exchange St. from St. Peter St. to N. Wabasha St.; both sides of S. Milton
St. from Palace Ave. to James Ave.; sidewalk reconstruction with integral curb on the south side
of Mulberry St. from Old Kellogg Blvd. to W. Kellogg Blvd.; the north side of W. Page St. from
Bellows St. to Bidwell St.; both sides of W. Page St. from Charlton St. to Bellows St.; both sides
of W. Stevens St. from Winslow Ave. to Stryker Ave.; both sides of Victoria St. from Palace
Ave. to James Ave.; and the east side of Webster St. from Michigan Ave. to St. Clair Ave., and
setting date of public hearing for June 10, 1998. (File #S98037-598046)
Adopted Yeas - 7 Nays - 0
DISCUSSION
14,2. Resolution - 98-405 - Adopting the revised "Cultural STAR Program Guidelines, 1998."
Allen Lovejoy, Department of Planning and Economic Development, was present to answer
questions of Councilmembers.
Councilmember Benanav asked about the provision that allows 100% of Cultural STAR funds to
be expended on operational costs. He questioned if this provision should be considered for
Neighborhood STAR as well. Mr. Lovejoy responded that the provision for the use of cultural
• funds for operations was a specific piece of the 1997 legislation that was adopted. One of the key
issues with cultural organizations is long-term sustainability. Operations for cultural facilities may
be different enough from some of the other organizations the Council is dealing with to be handled
differently. The Cultural STAR Board discussed this issue extensively and the proposed revisions
focus on trying to control how the funds for operations might be used. Specifically, they focus on
projects to raise the number of patrons or raise a larger endowment, but there would be some
limitations so it would not be on-going operations. The legislation does not specify that, but the
board felt fairly strongly that that's where they should start if they are going to allow operations
money.
Discussion ensued between Mr. Lovejoy, Lois West Duffy and Richard Cook, Cultural STAR
Board members and the Councilmembers. Several amendments were made to the Guidelines
Councilmember Benanav moved approval
Adopted Yeas - 7 Nays - 0
y (Amendments were made to the Guidelines)
. Resolution - 98-406 - Amending matching requirements for Neighborhood Investment Initiative.
Council President Bostrom stated that this amounted to a total amount of$900,000 of which
$125,000 went to each ward for specific projects.
0
May 13, 1998 City Council Summary Minutes Page 5
II Bruce Kimmel, Department of Planning and Economic Development, clarified that the total
amount is $875,000 and each Council Ward received $125,000 of which approximately $18,000 is
from general funds and does not have to be matched. The remaining amount is STAR funding and
does have to be matched.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
ORDINANCES
4. Final Adoption - 98-308 - An ordinance amending Chapter 317 of the Saint Paul Legislative Code
to create a temporary amusement ride license.
Council President Bostrom presented a substitute ordinance.
Councilmember Harris moved to introduce the substitute and a four week layover.
Substitute introduced and laid over to June 10 Yeas - 7 Nays - 0
(/ff Final Adoption - 98-309 - An ordinance repealing Chapter 349 of the Saint Paul Legislative Code
pertaining to licensure of rental clothing.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
• 26. .Final Adoption - 98-310 - An ordinance repealing Chapter 379 of the Saint Paul Legislative Code
pertaining to licensure of locksmiths.
Councilmember Harris moved to lay over two weeks.
Laid over to May 27 Yeas - 7 Nays - 0
27. Final Adoption - 98-311 - An ordinance amending Chapter 417 of the Saint Paul Legislative Code
regarding parking lots; clarifying the distinction between a parking lot and parking garage,
removing the advisory committee requirement, and specifying the minimum standards for
structural condition surveys.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
8. Second Reading - 98-373 - An ordinance amending Chapter 361 of the Legislative Code to
require tow companies to verify the vehicle status prior to towing and to notify the last known
owner of the vehicle.
Laid over to May 27 for third reading/public hearing
(Coleman left)
9. Second Reading - 98-374 - An ordinance amending the Saint Paul Charter to provide for voting
• requirements in case of abstentions for conflict of interest.
Laid over to May 27 for third reading/public hearing
May 13, 1998 City Council Summary Minutes Page 6
• 0. Second Reading - 98-375 - An ordinance to regulate conflicts of interest for City officials and
\ employees who are offered, or leave the City for, private employment.
Laid over to May 27 for third reading/public hearing
31. First Reading - 98-407 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code
to prohibit tobacco vending machines in facilities where minors are present and to establish an
administrative penalty to be imposed against the clerk at a licensed premise who sells tobacco or
tobacco products to a minor.
Laid over to May 20 for second reading
-.4. 2. First Reading - 98-408 - An ordinance finalizing City Council action taken April 1, 1998
approving a petition of Como Northtown Credit Union to rezone property located at 965/967
Churchill Street from RT-1 to B-2. (Public hearing held April 1)
Laid over to May 20 for second reading
The meeting was recessed from 4:45 p.m. and resumed at 5:30 p.m.
Present - 7 Absent - 0
PUBLIC HEARINGS
" 33. Resolution - 98-409 - To consider the application for a sound level variance by the St. Paul Saints
• Baseball Club for music concerts to be held at Midway Stadium on June 14, 1998 from 2:00 p.m.
to 9:00 p.m. and June 27 & 28, 1998 from 1:00 p.m. to 10:00 p.m.
Tom Whaley, Director of Operations, Saint Paul Saints Baseball Club, appeared and requested a
sound variance level of 100 db which they have had for the past six years. He said they are not
able to get promoters to agree to 90 db. Mr. Whaley said he met with neighborhood groups to tell
them about the shows. The main concern in the past has been that there be open communication
with the neighborhoods.
Discussion ensued on problems that have occurred in the past with exceeding the noise level and it
was suggested that Mr. Whaley attempt to hold the band responsible under their contracts when
they do not abide by the variance that has been granted. Mr. Whaley stated that a monetary
penalty has been talked about and he concurred that they need to put language in the facilities
rental agreement to cover this issue.
Councilmember Benanav moved to amend the sound level variance to 100 dBA, on line 36, and
approval.
Adopted as amended Yeas - 7 Nays - 0
ID
A.
13, 1998 City Council Summary Minutes Page 7
0 �l 34. Third Reading - 98-349 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to permit charitable organizations to operate additional pull-tab dispensing devices at permitted
locations.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to May 27 for final adoption
9i(-15. Third Reading - 98-350 - An ordinance amending the Saint Paul Legislative Code by designating
that Maple Street, bounded by East Third Street and Conway Street, become a one-way street.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to May 27 for final adoption
C/36. Resolution - 98-410 - Approving application for a Second Hand Dealer - Motor Vehicle (1st)
License by The Hertz Corporation, dba Hertz Car Sales, 1370 Davern Street. (ID #19970000204)
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Adopted Yeas - 7 Nays - 0
7. Resolution - 98-411 - Concerning adverse action against Debra Johnson, dba Sports Break, 1199
Rice Street, for lapse in liquor liability insurance. (Uncontested)
• (Benanav left and returned)
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LIEP), appeared and stated that this matter involved a lapse in liquor
liability insurance from November 1, 1997 to December 4, 1997. A notice of violation was sent
to the licensee on December 22, 1997. There was no response and the hearing before the Council
was scheduled on February 25, 1998. The manager appeared at that hearing and contended there
was insurance coverage for the dates in question and the matter was scheduled for an
administrative law judge hearing (ALJ). The manager retained attorney Mark Vaught and the ALJ
hearing was canceled. The licensee is now conceding that there was no liquor liability insurance
for the dates of November 1, 1997 to December 4, 1997.
This is a second violation according to the matrix penalty, Ms. Palmer noted. There was a prior
violation of after-hours display and consumption of alcohol on September 18, 1996. This is also a
matrix violation which occurred within 18 months and the presumptive penalty is revocation.
However, the position of the Office of LIEP is for a departure and for a penalty of 30 days
suspension. One of the reasons for the recommendation was that under the St. Paul Legislative
Code if the liquor license was revoked at this establishment, another liquor license could not be
issued at that location which was felt to be an extremely harsh penalty. Ms. Palmer noted that the
Legislative Code requires the expiration date of an insurance policy to be concurrent with the
expiration date of the license for which it is required. The license renewal notices contain a notice
• of the insurance expiration date which is important to note because the manager is claiming he was
May 13, 1998 City Council Summary Minutes Page 8
• confused about the actual expiration date of the insurance and thought it was the 1st of November
rather than the 30th of November.
Ms. Palmer also cited Legislative Code Section 310.07a which makes the licensee responsible for
filing and maintenance of insurance policies and states that "the licensee shall not be entitled to
assert the acts or omissions of agents, brokers, employees, attorneys or any other persons that
defends their justification for failure to comply with such filing and maintenance requirements".
Ms. Palmer stated that insurance was not obtained at this location until December 4, 1997, four
days after the date the owner believed was the actual renewal time.
Mark Vaught, attorney for Debra Johnson, appeared. He said if the violation did exist it was
completely unintentional. He stated that the license was originally granted in late November,
1995 and the original insurance certificate, which was submitted to the City along with the license
application including liquor liability insurance, clearly indicates that the effective dates of the
liquor liability insurance are November 30, 1995 to November 30, 1996. Originally when the
license was granted, the insurance policies were from November 30 to November 30. The
insurance agent explained that sometime after the original license was granted and the issuance of
the certificate of insurance with an expiration date of November 30, not November 1, he was
contacted by someone from LIEP who indicated that the insurance certificate needed to be changed
so the expiration date was November 1. This was done with no contact with the licensee on either
• the part of the insurance agent or LIEP. Therefore, the licensee did not know about it and had
every reason to believe, based on the approval of the license in late November of 1995 and the
original insurance certificate, that the insurance was in effect from November 30th to November
30t'.
Mr. Vaught further stated that the licensee fmances their insurance package; i.e., a finance
company loans them the money, pays the liability of the insurance payments, and the licensee
makes payments over the course of the year. He outlined what he felt was confusion with the
insurance dates and said it was a reasonable inference on the part of the licensee that their
insurance was in effect not only beyond November 1 but November 30 until December 28, 1997.
Based on the paperwork that was mailed to the licensee by the person that financed the purchase of
their license, it is not an unreasonable inference that the licensee could honestly, although
incorrectly, believe that their liquor license liability was in effect until December 28, 1997.
Upon notice of the fact that coverage had lapsed, which came to the licensee on December 3 or 4'
1997, the licensee moved immediately to contact the insurance agent and coverage was bound on
December 4, 1997.
Mr. Vaught further stated that the licensee has not been put on notice, as state law requires, of any
claims for liquor liability claims and the licensee knows of no potential claims through this date.
Coverage is in force and effect, he said, and this was, at most, a technical violation and the
licensee had very good reason to conclude, on the basis of the documents they had, that their
insurance was in force when they were informed that it wasn't.
May 13, 1998 City Council Summary Minutes Page 9
• Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Reiter said he does not feel the owners intended to do anything wrong and felt 30
days closure would be too harsh. Councilmember Reiter moved for ten (10) days suspension with
nine (9) days stayed for one year.
In response to a question of Councilmember Harris, Virginian Palmer stated that the dram shop
insurance is what protects the public in case of accidents or deaths involved in the sale of liquor
through a bar.
Councilmember Blakey asked about the assertion that LIEP called the insurance agent and
suggested changing dates. Kris Schweinler, Office of LIEP, said they normally do contact the
license holder and inform them of the requirement that the license and insurance has to run
concurrent. It is the license holders responsibility to take care of that. In this case, the license
was approved the first part of November and the licensee was the one who brought it to the
attention of LIEP that it was not actually issued until the end of November.
Councilmember Benanav said it is the obligation of the bar owner to understand how to run a
business including knowing when insurance expires.
Councilmember Benanav moved 30 days suspension with 23 days stayed for 18 months.
• ,/ -
'48. Adopted as amended Yeas - 7 Nays - 0
Resolution - 98-412 - Concerning adverse action against Hark's Oil Co., dba Dale Speedy Market,
for sale of tobacco or tobacco products to a minor. (Uncontested)
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection, provided a brief staff report.
Brian Kyle, 300 Blair Avenue, the clerk at the store, appeared and provided an explanation of the
circumstances surrounding this incident.
Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
A
...____.
39. Resolution - 98-413 - Concerning adverse action against L & K Corporation, dba Quick Stop
Liquor, 824 7th Street East for unlawful sale of alcohol. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LIEP), provided a staff report. The violation involved sale of alcohol
to an underage person on March 17, 1998. According to the presumptive penalty matrix, it would
be a first time violation because it occurred six days outside of the 18 months of the prior
violation. The hearing for the prior sale of alcohol to an underage person was before Council on
• September 11, 1996 and the Council imposed a suspension of three days. However, the
recommendation of LIEP at this time is to depart upward and not treat it as a first time violation
May 13, 1998 City Council Summary Minutes Page 10
. because the prior violations and specifically the prior sale of alcohol to an underage person that
was before the Council on September 11, 1996 actually involved two separate violations; one from
July 10 and one from August 15, 1996. That is why there was three days suspension rather than
the first time violation at that time of a fine. Because this violation is so close to the 18 month
window and because of the two prior violations and another violation from 1992, the
recommendation is to depart upward and impose what would be a second-time penalty of six-days
suspension.
Tae Lee, owner of Quick Stop Liquor, appeared and talked about the problems that have gone on
at the establishment. She said she is attempting to sell the business.
Kimberly Dupont, 824 Margaret Street, appeared and said she suffers the consequences of this
store. There have been problems with loitering in the parking lot and she indicated she would like
to see a stiffer fine imposed.
Michael Dupont, 824 Margaret Street, appeared and said he would like to see the license revoked
or a stiffer penalty imposed
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry questioned if the action taken by the Council on September 11, 1996 was
• for two violations; one in July and one in August. Ms. Palmer confirmed this saying that is the
way the penalty matrix is written.
Councilmember Lantry further questioned if Quick Stop ever passed a compliance check. Kris
Schweinler, Office of LIEP, responded that they have not passed a compliance check that has been
conducted by LIEP.
Councilmember Lantry moved to impose a license suspension of 21 days due to the business
practices of the establishment which have not changed; they have not headed past warnings she
said.
Councilmember Harris said he would prefer to see conditions placed on the license.
Phil Byrne, Assistant City Attorney, explained that the penalty matrix is set up to reflect the
Council's legislative judgment and at some point that these are the appropriate penalties. There is
room to allow for upward deviations if there are substantial and compelling reasons. The matrix
also indicates that if there have not been any violations within the past 18 months, it is to be
regarded as a first violation. However, it could be increased to reflect a very bad past track
record. It is not clear whether it would be sustainable for the Council to do a departure which
would in effect go to almost a third violation and add conditions as well growing out of an
uncontested matter. The Council would have to articulate the basis on which it is departing
upward. He suggested staff be asked to re-draft the resolution, put in writing the reasons for the
• upward departure and bring it back before the Council.
May 13, 1998 City Council Summary Minutes Page 11
• Councilmember Blakey expressed concern about the upward departure since there were no
conditions on the license that were violated. He asked if there have been discussions about putting
conditions on the license. Ms. Palmer responded that she was unsure if the district council had
discussed this with LIEP. At one time she recommended to the district council that they bring
these issues to LIEP because they were not the subject of this particular adverse action. She
indicated that she did not think they were issues that could be considered in the penalty for this
violation.
Council President Bostrom suggested that when the license comes up for renewal that conditions
could be discussed.
Councilmember Coleman said he supports six days suspension as he feels 21 days is too severe.
Amended and laid over to May 20 Yeas - 4 Nays - 3 (Blakey, Coleman, Reiter)
0. Resolution - 98-414 - Approving permit parking changes in four locations within the University of
St. Thomas Permit Parking Area #5.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
• t/41. Resolution - 98-415 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at: 1511 Rose Avenue East, 860 Vandalia Street, 340
Cedar Street, 613-615 Elfelt Street, 451 Fairview Avenue North, 100 George Street East, 725
Marshall Avenue #3, and 1544 Goodrich Avenue.
Gerry Strathman, Legislative Hearing Officer, reported on the appeal of the condemnation of the
duplex at 613-615 Elfelt Street. The appeal was filed by a tenant and the attorney for the tenant
indicated that they are engaged in a tenant's remedy action and that the court has allowed them to
use the $500/month that each of the tenants pay to make improvements to the building. It was
indicated at the legislative hearing that the majority of the citations leading to the condemnation
have been remedied and the remaining will be remedied as soon as sufficient funds become
available through the rent withholding process. The inspector indicated that he had no problem
lifting the condemnation if it didn't take too long for the repairs to be made. Mr. Strathman said
he recommended that the inspector be allowed to inspect the property before this date to see that
all of the issues leading to the condemnation had been addressed. He said he received a phone call
from the inspector stating that he had lifted the condemnation on 613 Elfelt and that he was
prepared to lift it for 615 Elfelt. However, there was one item still pending which was inspection
of a boiler which was scheduled to take place in two days from this date. Mr. Strathman said he
recommended denying the appeal as it appears the orders will be rescinded.
• Perry deStefano, attorney, appeared and stated that the building inspector granted an extension on
the notice to vacate for 615 Elfelt until May 15, 1998. If the boiler is not fixed by that date, the
May 13, 1998 City Council Summary Minutes Page 12
• tenants will be forced to vacate the premises. The boiler has been disconnected and, therefore, he
requested that the notice to vacate be extended 60 days.
Mr. Strathman offered an alternative recommendation to leave the matter to the discretion of the
inspector.
The owner of 451 Fairview Avenue appeared. Gerry Strathman reported that it is an apartment
building that is subject to a condemnation order. The owner appeared at the Legislative Hearing
as well as staff from the Fire Department. The owner indicated that he felt he had taken efforts to
remedy problems with the building and to deal with security problems around the building. He
also felt he was providing a needed service by providing low-income housing and that he's making
a good faith effort to repair the building. Pat Fish of the Fire Department provided a report
indicating that this property has been a source of continual problems and the owner has failed to
remedy the problems cited on the certificate of occupancy inspections.
Adam Ahmed, property owner, appeared and asked that he be allowed to continue to operate his
print shop which is located in this building so he can sustain a living. He disagreed with many of
the violations that were cited.
Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0
III Councilmember Benanav moved approval stating that this is sub-standard housing and bad
property and the landlord has had many opportunities to make corrections.
Adopted Yeas - 7 Nays - 0
42. Resolution - 97-1491 - Ordering the owner to remove or repair the building at 9 Acker Street West
within fifteen (15) days from adoption of resolution. (Laid over from February 11) (Legislative
Hearing Officer recommends withdrawing the resolution)
Gerry Strathman, Legislative Hearing Officer, stated that this house has been rehabilitated and
recommended withdrawing the order.
Councilmember Reiter moved to withdraw the resolution.
Withdrawn Yeas - 7 Nays - 0
43. Resolution - 98-114 - Ordering the owner to remove or repair the building at 2125 Waukon
Avenue within fifteen (15) days from adoption of resolution. (Laid over from February 11)
(Legislative Hearing Officer recommends amending the order to remove or repair by September
28, 1998)
Gerry Strathman, Legislative Hearing Officer, reported that the bond has been posted, an
III
inspection done, and a permit has been issued which will expire on September 25, 1998. He
recommended allowing the owner until that date to complete the rehabilitation.
May 13, 1998 City Council Summary Minutes Page 13
SNo one appeared in opposition; Councilmember Lantry moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
dYeas - 7 Nays - 0
Resolution - 98-381 - Ordering the owner to remove or repair the building at 1291 Rice Street
within fifteen (15) days from adoption of resolution. (Laid over from May 6) (Legislative
Hearing Officer recommends allowing the owner six months to complete rehabilitation provided a
$2,000 bond is posted by noon May 13)
Gerry Strathman, Legislative Hearing Officer, reported that the bond has not been posted. The
building has been vacant since August of 1997 and the mortgage company indicated they intended
to sell it. There have been three summary abatements. The bank indicated they have a contract
for the sale and they believe it can be refurbished. They have secured the building, however a
neighbor reported that the building continues to deteriorate and did not feel it was worth
rehabilitating.
(Benanav left)
Urvin Olsen, Advanta Mortgage Company, appeared. He stated that they encountered a problem
with trying to prove title. Advanta is the servicer, located in San Diego, CA, and the investor is
in New York. Documents have been sent between the two parties and Mr. Olson said he was
S unable to get the documents in time for this meeting but would have them by May 14 and the
property will be closed on May 15, 1998.
(Benanav returned)
The property owner at 1294 Albamarle Street, appeared and asked that the house be demolished
saying that it is an eyesore and would require a large amount of money to rehabilitate it.
The prospective buyer appeared and said his intention is to rehabilitate the house and sell it. He
further indicated that he will not sell it as rental property.
Mr. Strathman suggested that the Council could allow additional time by amending the date by
which the bond needs to be posted. If the bond is posted by that time, it would go forward as
recommended. If the bond is not posted, the order to remove or repair would be effective.
Councilmember Reiter moved approval.
Adopted (Remove or repair within 15 days) Yeas - 7 Nays - 0
The meeting was recessed at 7:30 p.m. and reconvened at 7:45 p.m.
Present - 7 Absent - 0
ID
7 13, 1998 City Council Summary Minutes Page 14
S
45. Resolution - 98-416 - Ordering the owner to remove or repair the building at 447 Banfil Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, provided a staff report on Items 45 & 46 stating
that the two properties adjoin each other. The property at 449 Banfil has not been occupied since
January of 1997 and it is not known how long 447 Banfil has been vacant. The property is owned
by the estate of Ferdinand Gaul ; Joseph Mullery is acting as the personal representative. There
have been five summary abatements at 449 Banfil and four at 447 Banfil. The vacant building
registration fees are due and citations have been issued for failure to pay them. Taxes are due on
both properties. City staff has not been inside the properties; however, they did make an estimate
that the cost to repair 447 Banfil would be about $70,000 and 449 Banfil would be about $50,000.
Mr. Mullery did not appear at the Legislative Hearing but sent a letter, raised objection to the
order and indicated that he had obtained temporary restraining orders. Staff has indicated the
restraining orders are not in place.
Joseph Mullery, 4101 Vincent Avenue, Minneapolis, appeared and provided background
information on this property and voiced his objection to the recommendation.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays- 0
SCouncilmember Coleman moved to approve the recommendation of the Legislative Hearing
Officer. The property is being treated as if the owner were still alive - there is no difference,
Coleman said. They have been vacant for 30 days and there has been no effort to clean them up.
Councilmember Benanav said he would not vote on this issue as he has had legislative business
with the personal representative of the property.
Adopted Yeas - 6 Nays - 0 Abstention - 1 (Benanav)
46. Resolution - 98-417 - Ordering the owner to remove or repair the building at 449 Banfil Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
See discussion under Item 45.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0 Abstention - 1 (Benanav)
0
Ma 13, 1998 City Council Summary Minutes Page 15
. 7. Resolution - 98-418 - Ordering the owner to remove or repair the building at 948 Forest Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
amending the order to remove or repair within five (5) days)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
.48. Resolution - 98-419 - Ordering the owner to remove or repair the building at 1005 Jessie Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
amending the order to remove or repair by October 16, 1998)
Gerry Strathman, Legislative Hearing Officer, reported that the owner appeared at the Legislative
Hearing, bond has been posted, building permits have been obtained, vacant building fees have
been paid, and the building will be rehabilitated.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - T Nays - 0
�49. Resolution Approving Assessment - 98-420 - In the matter of demolition of a vacant building at
328 Lexington Parkway North, and summary abatement (property cleanup) at 663 York Avenue.
• (File #J9711CC; J9711AAA) (Laid over from April 22)
(Legislative Hearing Officer recommends approval)
Gerry Strathman, Legislative Hearing Officer, reported on 328 Lexington Parkway North saying
this property was demolished by the City pursuant to orders issued by the City Council. The cost
of the demolition was $23,307.06 and was assessed against the property. The property owner
appeared at the Legislative Hearing and raised issues about whether he had been properly notified
and at one point suggested that the City should delete the assessment to the property.
Mohammed Shahidulla, property owner, appeared and explained the situation with the property.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Yeas - 0
Councilmember Blakey moved approval and noted that this property has been before the Council
numerous times. One situation was when the owner had lost his certificate of occupancy and was
renting the property when he was told not to rent it.
Adopted Yeas - 7 Nays - 0
•
May 13, 1998 City Council Summary Minutes Page 16
• 4so. Resolution Approving Assessment - 98-421 - In the matter of summary abatements (property
cleanup for part of January and February 1998); boardings-up for November and December 1997;
and summary abatement (snow and/or ice removal and sanding walks for part of December 1997
through February 1998). (File #J9801A, J9801B, J9801A1) (Legislative Hearing Officer
recommends approval with the following exceptions:
1130 Bush Avenue - Reduce the assessment to $400.00 plus a $40.00 service fee;
553 Edmund Avenue - Reduce the charge to $100.00 plus $90.00 for disposal of the trash and a
$40.00 service fee;
741 Maryland Avenue - Reduce the assessment to $137.50)
(Note: This item will also be a public hearing on May 27)
Councilmember Coleman moved to lay over to May 27.
Laid over to May 27 for continuation of public hearing Yeas - 7 Nays - 0
51. Resolution - 98-422 - Approving (A) a multifamily rental housing develo
pment project for the
elderly and a housing program therefore, and authorizing the Housing and Redevelopment
Authority to exercise the powers granted in Minnesota Statutes, Section 462C.01 to 462C.08 in
connection therewith; and (B) creation of the Superior Street Cottages Housing Tax Increment
Financing District and the Tax Increment Financing Plan relating thereto.
Allen Carlson, Department of Planning and Economic Development, appeared and presented
• minor amendments to the housing program and the tax increment financing plan which were
discussed,
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
(Amendments were made to the attachments)
52. Public hearing to consider the appeal of"The Neighborhood" to a decision of the Planning
Commission approving a special condition use permit to allow a cluster development with ten (10)
dwelling units on property located at the southwest quadrant of Lexington Parkway South and St.
Clair Avenue.
Beth Bartz, Department of Planning and Economic Development, provided a staff report. She
noted that the same developer proposed a development for this property in the fall of 1997 and
was heard on appeal by the Council in January, 1998. The current proposal is different from the
last one in that it proposes an access to the site from St. Clair Avenue using the existing alley in
addition to a private drive off of Lexington Avenue. The exterior design has been revised and the
arrangement of the units on the site is slightly different. The current proposal includes a twin
home on Lexington Avenue, as opposed to a single family home, and a tri-plex on the interior
site.
• Ms. Bartz stated that one letter in support of the appeal was received.
May 13, 1998 City Council Summary Minutes Page 17
• Pay Byrne, representing the appellants, appeared. He distributed a letter which he read outlining
the concerns of the neighbors in regard to the development
Also appearing in support of the appeal were:
Keith Curtner, 259 S. Lexington Parkway
Rachel Blank, 243 S. Lexington Parkway
Appearing in opposition to the appeal were:
John Mathern, Mendota Homes, the developer
Louis Sudheimer, 439 Portland Avenue
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman talked about the safety issue with this proposal compared to the original
proposal. Al Shetka, Department of Public Works, appeared and concurred that this proposal is
definitely safer that the first one.
Councilmember Coleman moved to deny the appeal and adopt the fmdings and determinations of
the Planning Commission as contained it its resolution of April 10, 1998.
Motion of Intent - Appeal Denied Yeas - 7 Nays - 0
• 53. Public hearing to consider the appeal of Michael Prichard and Scott and Elisa Knudson to a
decision of the Planning Commission granting a special condition use permit to allow conversion
of a residential structure greater than 9,000 square feet to a residence for frail elderly and elderly
with dementia/Alzheimer's at 15 Montcalm Court.
Jim Zdon, Department of Planning and Economic Development, appeared and provided a staff
report. He stated that the proposal was to convert the structure at 15 Montcalm Court from a
single family residence to a residence that would house elderly with dementia/Alzheimer's disease.
The building is 13,000 sq. ft., is currently vacant, and is located in a R1 zoning district. It was
used as a single family residence until 1962 at which time it became a residence for a religious
order. In 1970 it became a synagogue and educational retreat center. The property has been for
sale since the summer of 1996 and for the last year it has been vacant. The developer was
proposing to completely renovate the interior and exterior of the residence and convert it into a
board and care residence. There would be 16 bedrooms with a maximum of 21 residents. The
facility would be licensed by the State and would be run by the Franciscan Health Community.
Appearing and speaking in support of the appeal were:
Scott Knudson, appellant, 1430 Edgcumbe Road
Michael Prichard, appellant, 9 Montcalm Court
Appearing and speaking against the appeal was:
• Paul Keely, the applicant, who talk about the plans for the facility.
Joe Stanislav, President and CEO of Franciscan Health Community
May 13, 1998 City Council Summary Minutes Page 18
• Councilmember Harris moved to close the public hearing Yeas - 7 Nays - 0
Councilmember Reiter spoke in support of the appeal saying he felt the building would be too
commercial for the neighborhood.
Councilmember Coleman said he feels that the building will not be used in a much different
fashion than it has been in the past as it has not been a single family home for a number of years.
Councilmember Coleman moved to deny the appeal.
Councilmember Harris said he felt the Planning Commission made some errors in their
determination which he reviewed. The reason a special condition use permit was applied for is
because it will be a commercial use facility and not a group home, Harris said, and the zoning is
single-family residential. He indicated that the nearest non-single family residential use in this
neighborhood is about eight or nine blocks away.
Councilmember Harris moved to grant the appeal.
Councilmember Lantry stated that lack of parking is the biggest issue she had with the facility and
she did not feel it would work in that neighborhood.
• Council President Bostrom stated that he is not in favor of a commercial business in a residential
area.
Councilmember Blakey said he has a concern with supporting something that could turn into
something less desirable in a neighborhood.
Councilmember Coleman withdrew his motion to deny the appeal.
Phil Byrne, Assistant City Attorney, reiterated the reasons presented by Councilmember Harris for
granting the appeal: that it was based on the Council's determination that there was error in the
fmdings of the Planning Commission; #3a with respect to its feasibility for a conforming use; #3d
on the parking issues; and #3c and 4c relating to its detriment to the character of the
neighborhood.
Motion of Intent - Appeal Granted Yeas - 6 Nays - 1 (Coleman)
54. Public hearing to consider the appeal of Ron Severson to a decision of the Board of Zoning
Appeals denying variances for construction of a carriage house and parking at 420 Portland
Avenue.
Tom Beach, Department of Planning and Economic Development, provided a staff report. In
• March the Board of Zoning Appeals denied a request by Ron Severson for zoning variances on his
property at 420 Portland. In 1990 the City approved a lot split that split this parcel off from the
property at 415 Summit. Later in 1990 and again in 1992 the City approved zoning variances for
May 13, 1998 City Council Summary Minutes Page 19
• projects at this property; however, the projects were never built and the variances expired. In
1995 another variance was applied for to build a carriage house with parking and was denied by
the Board of Zoning Appeals. In 1996, the property was purchased by Mr. Severson and in 1997
he presented plans to the Heritage Preservation Commission (HPC) and they approved a plan
similar to the current proposal. The City Council upheld the approval by the HPC on an appeal in
February, 1998 on a vote of 5-2. Following the City Council's decision on the appeal of the
HPC's action, Mr. Severson applied to the Board of Zoning Appeals for zoning variances required
to build this project. The plan was to build a carriage house unit on the second floor of a building
with four garage stalls below. The plan called for keeping an existing two-car garage on the
property and adding three surface parking stalls for a total of nine spaces. The owner of the
property would be obligated to provide eight parking spaces under the terms of an agreement
drawn up when the property was split off.
The following individuals appeared and presented testimony in support of the appeal:
Ron Severson, the appellant, 415 Summit Avenue and owner of 420 Portland
Lou Sudheimer, 439 Portland
The following individuals appeared and presented testimony against the appeal:
Mark Voerding, 113 Farrington Street, as a private citizen and also as a member of the Ramsey
Hill Association
Mark Vaught, attorney, representing the condominium owners
• Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Blakey moved to deny the appeal saying he was unable to find error by the
Zoning Commission.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 1 (Bostrom)
Councilmember Harris moved to adjourn the meeting.
ADJOURNED AT 10:25 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Ande n \ , Q V
Assistant Council Secretary ;a
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