Approved Minutes 10-14-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, October 14, 1998 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Saint Paul, Minnesota
The meeting was called to order at 3:40 p.m. by Council President Bostrom.
Present - 6 - Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Benanav (excused)
CONSENT AGENDA (Items 1 - 27)
Councilmember Coleman removed Item #10 for discussion.
Councilmember Lantry removed Item #22, 561-563 Laurel Avenue only, for discussion.
Councilmember Harris moved approval of the consent agenda as amended.
FOR ACTION
1. Approval of minutes of September 16, 1998.
Adopted Yeas - 6 Nays - 0
2. Claims of Lynn Anderson, Thomas Anderson, Pamela Erickson, Douglas McFarland,
Gladys Niesen, and Sharon Scott.
Referred to Employee/Risk Management Division
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on October 28, 1998, to consider the application of
Friends School of Minnesota to rezone property from RM-3 (high density multi-family
residential) to OS-1 (office-service) for the purpose of constructing an addition to the
existing Friends School building at 1365 Englewood Avenue (southeast corner of N. Albert
Street and vacated Hubbard Avenue).
4. Letter from the Real Estate Division announcing a public hearing before the City Council
on November 4, 1998, to consider the vacation of McAfee Street cul-de-sac 450' north of
Maryland Avenue.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative
Law Judge on November 6, 1998, at 9:30 a.m., Room 41 City Hall-Courthouse,
concerning all licenses held by James Bailey, Inc., dba Arlington Pub, 721 Payne Avenue.
October 14, 1998 City Council Summary Minutes Page 2
6. Letter from the Real Estate Division recommending approval of the request from Ramsey
County for a reduction in assessed valuation for property at 135 Geranium Avenue East.
Adopted Yeas - 6 Nays - 0
7. Administrative Order:
D001602 Authorizing the Department of Fire & Safety Services to pay costs for St. Paul
Regions EMS Coordinator, Timothy Held, to attend a training course at the
National Fire Academy.
Noted as on file in the City Clerk's Office
8. Resolution - 98-920 - Approving the appointment of John Halla, by Mayor Coleman, to the
Metropolitan Aircraft Sound Abatement Council.
Adopted Yeas - 6 Nays - 0
9. Resolution - 98-921 - Approving the reappointments of Robert Battle, Isabel Chanslor,
Susan Elfstrom, and Christine Funk, by Mayor Coleman, to the Saint Paul Human Rights
Commission.
Adopted Yeas - 6 Nays - 0
10. (Discussed after the consent agenda)
11. Resolution - 98-923 - Finalizing City Council action taken September 23, 1998, concerning
adverse action against licenses held by Bram Corporation, dba Arcade Bar,
932 Arcade Street.
Adopted Yeas - 6 Nays - 0
12. Resolution - 98-924 - Setting public hearing date of November 12, 1998 for the 1999
Sanitary Sewer and Storm Sewer rates.
Adopted Yeas - 6 Nays - 0
13. Resolution - 98-925 - Authorizing the Department of Public works to apply for a loan from
the Public Facilities Authority to finance the South Highwood Sanitary Sewer System and
to designate the Director of Public Works to execute the arrangements.
Adopted Yeas - 6 Nays - 0
14. Resolution - 98-926 - Agreeing to defend, indemnify and hold the Midway Cub Foods
harmless from any and all damages it may be required to pay as a result of suits, claims,
actions or judgments arising out of the participation by Martin Luther King Recreation
Center's 8th grade boy's basketball team.
Adopted Yeas - 6 Nays - 0
October 14, 1998 City Council Summary Minutes Page 3
15. Resolution - 98-927 - Accepting a State appropriation in the amount of$30,000 for the
Victim Intervention Project for second year funding and establishing a spending plan.
Adopted Yeas - 6 Nays - 0
16. Resolution - 98-928 - Accepting a State grant in the amount of$330,000 for operation of
the Minnesota City Grants program.
Adopted Yeas - 6 Nays - 0
17. Resolution - 98-929 - Establishing a spending plan for $10,000 received from the State of
Minnesota, Bureau of Criminal Apprehension, to conduct confidential homicide
investigations.
Adopted Yeas - 6 Nays - 0
18. Resolution - 98-930 - Approving disbursement of Youth Programs Funds to the following
organizations: Asian Pacific Youth Alliance, Boosters East, Inc., Eastview Booster Club,
Edgcumbe Community Hockey Booster Club, Frost Lake Booster Club, Glancy's Gym,
Hayden Heights Youth Alliance, History Day Support Group, Lower East Side Football,
Margaret Booster Club, Merriam Park Booster Club, St. Paul Science Fair Support Group,
South St. Anthony Park Booster Club, Sports For Life, Upper East Side Football
Association, and Youth Express.
Adopted Yeas - 6 Nays - 0
19. Resolution - 98-931 - Removing funds in contingency for Saint Paul Association of
Responsible Landlords to the Housing Information Office account to permit execution of a
contract to fulfill City Council intention.
Adopted Yeas - 6 Nays - 0
20. Resolution - 98-932 - Approving an amendment to the delegation agreement between the
Minnesota Department of Health and the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
21. Resolution - 98-933 - Electing to continue participating in the Local Housing Incentives
Account Program under the Metropolitan Livable Communities Act.
Adopted Yeas - 6 Nays - 0
22. (Discussed after the consent agenda)
23. Resolution - 98-935 - Authorizing the purchase of four properties located on Hoyt and
Montana Avenue as part of Phase I of the Hoyt-Montana Flood Remediation Project.
Adopted Yeas - 6 Nays - 0
October 14, 1998 City Council Summary Minutes Page 4
24. Preliminary Order - 98-936 - In the matter of improving streets with bituminous roadway,
construction of 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 the Grotto/Hoyt Area Street Paving and Lighting
Project, and setting date of public hearing for December 2, 1998. (File #18884)
Adopted Yeas - 6 Nays - 0
25. Preliminary Order - 98-937 - In the matter of construction of water, sanitary sewer, and
storm sewer service connections, if requested by the property owner, in conjunction with
the Grotto/Hoyt Area Street Paving and Lighting Project, and setting date of public hearing
for December 2, 1998. (File #1884C)
Adopted Yeas - 6 Nays - 0
26. Preliminary Order - 98-938 - In the matter of improving streets with bituminous roadway,
construction of 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 the Chatsworth/Hoyt Area Street Paving and Lighting
Project, and setting date of public hearing for December 2, 1998. (File #18885)
Adopted Yeas - 6 Nays - 0
27. Preliminary Order - 98-939 - 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 Chatsworth/Hoyt Area Street Paving and Lighting Project, and setting
date of public hearing for December 2, 1998. (File #18885-conn)
Adopted Yeas - 6 Nays - 0
10. Resolution - 98-922 - Requesting that the Planning Commission consider the
recommendations of the Legislative Advisory Committee on Advertising Signs and
recommend to the City Council such changes in the Saint Paul Legislative Code as it
deems necessary.
Councilmember Coleman indicated that he received a letter from Mr. Peter Coyle, who
represents several billboard companies, and Mr. Coyle requested that the letter be sent to
the Planning Commission along with the report of the Advisory Committee.
Gerry Strathman, Council Research Director, stated that he spoke with Mr. Coyle and he
indicated that the purpose of his letter was to clarify the position of the smaller advertising
sign companies and he wanted it to be a part of the record.
Councilmember Coleman moved to include the letter as part of the resolution.
October 14, 1998 City Council Summary Minutes Page 5
Councilmember Lantry questioned the propriety of amending a resolution to include a
letter and she suggested that Mr. Coyle send the letter directly to the Planning
Commission.
Council President Bostrom suggested the letter be passed on to the Planning Commission
without comment from the City Council.
Councilmember Coleman withdrew his motion.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
22. Resolution - 98-934 - Approving the decision of the Legislative Hearing Officer on
Property Code Enforcement Appeals for property located at: 596 Wells Street, 79 Virginia
Street, 761 York Avenue East, 1495 Rose Avenue East, 499 Sherburne Avenue, 559
Lawson Avenue East, and 561-563 Laurel Avenue.
Gerry Strathman, Legislative Hearing Officer, stated that the property at 561-563 Laurel
Avenue is a condominium. Mr. Strathman informed the Council that he owns one of the
units and he is the president of the condominium association. Mr. Strathman said that in
his capacity of president, he filed a request for a variance from the requirement of the Fire
Marshall that every furnace be subject to a flue gas analysis. As the Legislative Hearing
Officer, Strathman recommended granting the variance. However, since he has a direct
financial interest, he felt the City Council should be aware of the situation and consider
this property separately. Mr. Strathman further indicated that he discussed this issue with
the Fire Marshall and he indicated that he did not have an objection to the variance being
granted and that he has not objected in similar cases.
Phil Byrne, Assistant City Attorney, advised the Council that if there was a case of interest
where Mr. Strathman preferred not to hear the matter, the Council President could appoint
someone else to hear it and make a report without changing Mr. Strathman's position as
the chief Legislative Hearing Officer.
Councilmember Blakey said he was comfortable with the decision since a pattern was
followed that had been done in the past.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
October 14, 1998 City Council Summary Minutes Page 6
FOR DISCUSSION
28. Resolution - 98-863 - Suspending licenses held by Carbone A Family Corporation, dba
Napoli Café, 1406 White Bear Avenue, for delinquent taxes owed to the State of
Minnesota. (Laid over from October 7)
Robert Kessler, Office of License, Inspections and Environmental Protection (LIEP),
appeared and reported that no information has been received from the Minnesota
Department of Revenue indicating that the delinquent taxes have been paid. Therefore, he
advised the Council that they were required to suspend the licenses until such time as the
taxes are paid.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
29. Resolution - 98-880 - Approving the rate of pay for the proposed new class specification of
Cable Communications Officer. (Laid over from October 7)
Mark Robertson, Office of Human Resources, appeared and stated that an extensive
internal study has been done on this position and the proposal is for an increase of seven
grades. This position was compared to a number of similar positions. Over the past three
years, there has been a number of changes in the position from the prior duties, and the
last compensation study on this position was conducted over ten years ago. Since that
time, the number of subscribers on the cable network is 54,000 and the franchise fee is
over $1.3 million. The budget for the Cable Communications Division is $738,000 and
there is a recommendation for 7.5 FTEs in the 1999 budget.
Mr. Robertson stated that the person in this position manages and administers the City
cable television franchise, television programming, television operations and negotiations
for the contract, hardware and software recommendations, and managing the three
conference rooms in the lower level of City Hall. He noted that cable legislation on both
the state and national level has increased, fees have increased, and the number of
subscribers has increased.
In response to a concern raised by Councilmember Coleman, Peter Hames, Department of
Technology and Management Services, reported that the increased cost that would occur as
a result of the upgrade has been placed in the 1999 proposed budget.
Councilmember Coleman responded that if the upgrade is approved at this time, it would
mean that the Council is approving this portion of the proposed budget. Mr. Hames
responded that with respect to the overall budget it is not a significant part of the budget.
October 14, 1998 City Council Summary Minutes Page 7
Councilmember Coleman questioned how this compares to other City department directors.
Mr. Hames responded that it is comparable but at a lower grade and that it also compares
with other positions within the City. Similar positions in other governmental locations
were also looked at and it is competitive with other cities in the metro area.
Discussion ensued and Councilmember Coleman said he did not feel he had enough
information to make a decision at this time. He suggested the matter be laid over and
discussed during budget deliberations. He requested that the Council receive the
comparative analysis that was prepared which could be used during budget negotiations.
Mr. Hamilton said he would provide the requested information.
Councilmember Harris moved to lay over two weeks.
Laid over to October 28 Yeas - 6 Nays - 0
30. Resolution - 98-906 - Approving application for an Auto Repair Garage License by
William Anderson, Owner, dba S & G Auto Repair, 390 Western Avenue North.
(Legislative Hearing Officer recommends approval with conditions) (Laid over from
October 7)
Councilmember Blakey said the issue has been resolved as to the number of vehicles that
can be on the lot.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
31. Resolution - 98-940 - Approving application for a State Class A Gambling Premise Permit
by Jean Bowlin at Blessed Sacrament Church, 1801 LaCrosse Avenue. (Legislative
Hearing Officer recommends approval)
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
32. Update from Public Health/Property Code Enforcement on the status and progress of the
repairs made to property located at 921-927 Selby Avenue. (Update requested by Council
on August 12, 1998)
Gerry Strathman, Legislative Hearing Officer, read a letter that was received from Steve
Magner which indicated the building at 921-927 Selby Avenue is in the same condition as
it was in May, 1998.
Councilmember Blakey said he received correspondence from Curt Miller indicating that
the project continues to move forward and a closing is scheduled for October 21, 1998.
October 14, 1998 City Council Summary Minutes Page 8
Councilmember Blakey moved to lay over to November 25.
Laid over to November 25 Yeas - 6 Nays - 0
ORDINANCES
33. Second Reading - 98-866 - An ordinance amending Saint Paul Legislative Code Chapter
409.26; reducing the presumptive penalties for noncompliance of liquor licenses.
(Substitute introduced October 7)
Laid over to October 28 for third reading/public hearing
34. First Reading - 98-941 - An ordinance finalizing City Council action approving the
application of Lower Afton Seniors LLC to rezone property at Lower Afton Road (201 feet
west of McKnight Road) from B-2 to RM-2 to allow construction of 56 units of senior
housing on the currently vacant site. (Public hearing held September 23, 1998)
Councilmember Lantry moved to introduce a substitute for page 1 of the ordinance.
Substitute introduced and laid over to October 21 for second reading
Yeas - 6 Nays - 0
35. First Reading - 98-942 - An ordinance amending Chapter 200 of the Saint Paul Legislative
Code entitled "Animals" to provide for particular penalties in various situations and
establishing various conditions in the disposition of dangerous animals.
Laid over to October 21 for second reading
The meeting was recessed from 4:15 to 5:37 p.m.
Roll Call: Present - 5 Absent - 2 - Benanav - (excused), Coleman (arrived later in the
meeting)
Suspension Items
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 98-956 - Recognizing Chet Emerson, Executive Director of the Boys & Girls
Clubs of Saint Paul, for his dedication to the youth of St. Paul and declaring October 21,
1998, as Chet Emerson Day.
Adopted Yeas - 6 Nays - 0
(Coleman arrived)
October 14, 1998 City Council Summary Minutes Page 9
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 98-957 - Welcoming Annsofie Eriksson of Amal, Sweden as a guest of the
United States and declaring October 14, 1998, as Annsofie Eriksson Day.
Adopted Yeas - 6 Nays - 0
PUBLIC HEARINGS
36. Third Reading - 98-865 - An ordinance amending Appendix C of the Legislative Code
pertaining to the gas service franchise of Northern States Power Company. (Substitute
introduced on October 7)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Yeas - 6 Nays - 0
Laid over to October 28 for final adoption
37. Resolution - 98-943 - Concerning the Renewal Application for a Taxicab Driver's License
by James Coners, 313 Dale Street North.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections
and Environmental Protection (LIEP), appeared and stated that the recommendation of the
Office of LIEP is to deny the renewal application based on the Legislative Code which
prohibits an applicant for a taxicab drivers license from having felony convictions within
the past five years. Ms. Palmer noted that since 1993, Mr. Coners has had five
convictions for felony offenses.
James Coners appeared and stated that he applied and received his taxicab license in 1996
and the convictions took place in 1993.
Ms. Palmer said that the two most recent convictions would not relate to Mr. Coners
occupation and there is a provision that would allow the Council to grant the license if
there is evidence that he has been rehabilitated. She indicated that a license should not
have been issued to Mr. Coners in 1996. However, LIEP staff relied upon local police
records which did not reflect convictions that took place outside of Ramsey County.
Councilmember Blakey asked about the procedure that would have to be followed to grant
a license. Ms. Palmer responded that Mr. Coners could provide proof of rehabilitation in
which case Minnesota Statutes indicate that criminal convictions can be used to deny a
personal license. However, the offenses have to be related to the occupation and the
person can provide proof of rehabilitation.
October 14, 1998 City Council Summary Minutes Page 10
Councilmember Blakey moved to lay the resolution over two weeks in order to receive
information from Mr. Coners' probation officer.
Laid over to October 28 Yeas - 6 Nays - 0
38. Resolution - 98-944 - Concerning the Renewal Application for a Taxicab Driver's License
by Kendell Waller, 1086 Como Place.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections
and Environmental Protection (LIEP), reported that the Office of LIEP is recommending
denial of the license because of a conviction for possession of a controlled substance.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing
and approval.
Adopted Yeas - 6 Nays - 0
39. Resolution - 98-945 - Concerning adverse action against the cigarette license held by
Chang O'Hara's Bistro, Inc., 498 Selby Avenue. (Uncontested)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing
and approval.
Adopted Yeas - 6 Nays - 0
40. Resolution - 98-946 - Concerning adverse action against the cigarette license held by
SuperAmerica, 399 Lexington Parkway North. (Uncontested)
Councilmember Blakey moved to withdraw the resolution as the fine had been paid.
Withdrawn Yeas - 6 Nays - 0
41. Public hearing to consider the report of the Administrative Law Judge concerning licenses
held by . Pooja, Inc., dba Travel Inn, 149 University Avenue East.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections
and Environmental Protection (LIEP), stated that this matter was before the Council upon
the return of a report from the Administrative Law Judge (ALJ). She clarified that the
license holder was listed incorrectly and the correct name is Pooja, Inc. The current
owner is Jayeshkumar (Jay) Patel, who took over the property from Hari Krishna, Inc.
The recommendation of the ALJ was for denial of the license application.
At the time Mr. Patel applied for a license, both neighbors and police voiced opposition to
the issuance of the license and the matter went before the Legislative Hearing Officer. At
that time it became apparent that Mr. Patel had operated the premises since at least April,
October 14, 1998 City Council Summary Minutes Page 11
1997, and, therefore, some of the problems that have been associated with this property
could be attributed to him. The matter was sent to an ALJ and the Licensing Division
recommended denial. Police and neighbors appeared and testified at the ALJ hearing.
Ms. Palmer said she felt the ALJ report clearly sets out the problems at the property
address. The basis of the recommendation for denial is that "the premises are operated in
a manner that maintains or permits conditions that unreasonably annoy, injure, or endanger
the health, morales, safety, comfort or repose of a considerable number of members of the
public".
The report of the All is filled with evidence that the property is a problem, it has an
unusually high number of police calls and the calls involve serious matters.
Ms. Palmer stated that the recommendation of the Office of LIEP is that the City Council
accept the findings, conclusions and recommendations of the ALJ.
The following individuals appeared and spoke in support of denying the license:
• Michael Samuelson, District 7 Community Council. Mr. Samuelson also read a letter
from Barbara Freeman of the Mt. Airy Residents Council who was also in support of
denying the license.
• David Lisek, District 7 Community Council
• Gary Egan, Capitol Heights Block Club and resident of 600 Capitol Boulevard
The following individuals appeared in support of the license:
• Stephen Kelly, Law Firm of Bannigan & Kelly, St. Paul, representing the applicant Jay
Patel, appeared. He noted that the Capitol Area Architectural Council said they want
to put residents in this neighborhood; there already are residents in the neighborhood
and they live at the Travel Inn, he said. He feels these people have been forgotten
through this entire process.
Information on the large number of police calls to this property was presented to the
Council in earlier testimony. Mr. Kelly said that of those calls, the Administrative Law
Judge noted in her report that only 18 police reports were written over the one-year
period. It is unknown how many of those reports ended in a conviction.
This building contains 50 rooms. Mr. Kelly acknowledged that it is a troubled property
and has been for a long time. Mr. Patel bought the property in 1996 from the former
owner and there were some problems between the time he bought it and January, 1998.
Mr. Patel was living out of state and had a manager running the motel. However, he
subsequently moved into the motel in order to deal with the problems. After he
arrived, the motel was closed down for violations of the building fire and electric code.
October 14, 1998 City Council Summary Minutes Page 12
They were long-term problems that were present prior to Mr. Patel being there. The
building was closed for six months and Mr. Patel invested $60,000 and a recent
expenditure of$8,000.00 for a new boiler to bring the building up to code. Any
allegation that the building is not up to code -- fire, structural, or electric -- is false,
Kelley said. Also, a security guard has been hired who is on the premises four nights
per week from 10 p.m. to 3:00 a.m. and the guard has taken care of a lot of the issues
with the motel.
Mr. Kelly stated that there are long-term residents at the motel and there are also some
people who stay only for a short time. Catholic Charities and Ramsey County boards
people at the Travel Inn. As shown by the report of the ALJ, there are other motels in
the City that have more police calls and Kelly again disputed the number of police calls
that was stated during testimony.
Mr. Kelly reported that Mr. Patel's intent is to sell the motel. Regions Hospital owns
all of the land around the motel and he has heard that the hospital would like to build
on this property. However, at the present time this is Mr. Patel's livelihood. The
hospital opposes issuance of a license and they offered Patel approximately one-half of
a recent market appraisal of this property. Mr. Kelly pointed out that In 1994 and 1995
there was no opposition to the motel. In 1998 when the license application was made,
there is now a lot of opposition. He stated that Mr. Patel was not included, as a
business owner, in any of the meetings other than the block club which invited him to
two of their meetings.
Mr. Patel has an interested buyer who presently operates two franchise motel and wants
to make this one a franchise. Mr. Kelly said he tried to work out a resolution to this
matter with the city attorney and he was told by the city attorney that only the City
Council had the authority to reach an agreement.
If the Council moves to deny the license, Mr. Kelly asked if there could be a period of
time that they would hold off on executing it because the purchase agreement has a
contingency that says if they get the license, then the purchase and the closing will take
place.
The following individuals residing at the Travel Inn provided testimony in support of the
motel:
• Aaron Washington
• Ray Jenkins
• Ricky Fortune
• Carrol Eaten
• Shari Reynolds
October 14, 1998 City Council Summary Minutes Page 13
• Anthony (no last name given)
• Dori Way
• Rosemarie Padgett
• Gina Jirak
• Marco Jones
• Pat Combs
• Jessie Sanchez
Councilmember Harris moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Blakey stated that this has been a problem property for quite some time
and it is not the type of environment that children should be living in. He said it is clear
that management is not doing a good job properly managing the motel.
Councilmember Blakey moved to deny the application. Before it takes effect, Blakey
asked that the Department of Planning and Economic Development and the Housing
Information Office work with the families to help them find adequate housing. Phil Byrne
advised that the motion should also include adopting the Finding of Fact, Conclusions of
Law, and Recommendations of the Administrative Law Judge.
Council President Bostrom asked if this would have any impact on someone applying for a
new license for this property. Phil Byrne responded that denying this license application
would not prohibit a new owner from applying for a license.
Councilmember Coleman asked about the noted violations and the time period involved.
Virginia Palmer responded that the property was closed in January, 1998, because the
certificate of occupancy (C of 0) had been revoked. The license applicant made all the
repairs and changes requested by the Fire Department and the C of 0 was re-issued. The
code violations were not part of the licensing action.
Based on the shortage of affordable housing, Councilmember Coleman said he would like
to have a plan that could be implemented to address the concerns of the neighborhood. He
said he was not prepared at this time to move forward and leave the tenants with no
shelter.
Councilmember Harris questioned if there were any conditions placed on the license.
Virginia Palmer responded that there were no conditions on the license held by the
previous license holder. This is a new application but the testimony provided by the police
at the ALJ hearing was that they had worked with the applicant and suggested conditions
which, when implemented, did not solve the problems. The decision that the ALJ
documents is that some of the suggestions were taken but they don't solve the problem and,
October 14, 1998 City Council Summary Minutes Page 14
essentially, there are no conditions that are going to deal with the problem in the
neighborhood.
Councilmember Harris noted that the City Council has not seen any conditions that have
been put on the license but it appears the current owner has made efforts to improve the
property. Also, there is no information on the most recent police calls. He concurred with
Councilmember Coleman that there should be an attempt to work something out to
accommodate the tenants.
Councilmember Reiter questioned if Ramsey County actually does use the Travel Inn for
housing at the present time. Virginia Palmer responded that she did not think it was used
by Ramsey County.
Michael Samuelson said he contacted Ramsey County and he was told that they no longer
provide vouchers to people for the Travel Inn. Funds from Ramsey County may go to
Ramsey Action Programs, which may be the reason for the confusion. Also, the St. Paul
Urban League has provided vouchers for people in the past. Mr. Samuelson said that
District 7 does not consider this safe, affordable housing as the people are being charged
$800/month.
Phil Byrne advised the Council that a license could be granted with a condition that it will
only be in effect 30 days or a certain period of time until the tenants can be assisted in their
moves other locations. Or the premises could be monitored and if a good operation is
maintained for 30 days, the license could be reconsidered..
Councilmember Coleman moved to grant a license for 60 days, monitor the motel, and if
the license holder is not making efforts to obtain a permanent license, steps would be taken
to shut down the motel and assist the people living there.
Phil Byrne advised that the license holder, or his attorney, should indicate whether they
would agree to the condition and not challenge it.
Council President Bostrom indicated that testimony was heard that Mr. Patel does not
intend to retain ownership of the building and if he is able to find a new buyer, that may be
the best way to handle it. Mr. Bostrom said he does not want to encourage the present
owner to retain ownership based on what has taken place in the past. He said he would
support Coleman's motion if language was included that within the 60 days time period,
the building would be sold to someone who could qualify for a license.
Councilmember Blakey said families cannot be living in this type of situation and he could
not support allowing the operation to continue.
October 14, 1998 City Council Summary Minutes Page 15
Councilmember Coleman asked if there is a purchase agreement that is conditioned upon a
license being in place, whether a short-term license would allow the purchase agreement to
go through. Ms. Palmer said she did not think that the purchase agreement is contingent
upon a license being in place but rather on a license application being obtained. She said
she indicated to Mr. Kelly that a new license application would be looked at separate from
this one and processed as a new application. She said there is nothing that she was aware
of that would prevent any of the problems on the property from affecting a new license
applicant. She also clarified that this is a motel license and not a shelter.
Councilmember Coleman concurred that the owner must take responsibility for the
property; however, it is not known if he took steps when he acquired the property in
January to do what was necessary to make improvements. Coleman felt it was necessary
to make a decision based on whether the owner has taken the proper steps.
Phil Byrne responded that if the Council wished to have further factual testimony taken on
any issue they consider to be important, the matter can be referred back to the
Administrative Law Judge to take new testimony and give the Council a finding of fact and
any conclusion that might be appropriate.
Councilmember Lantry stated there are facts in the report of the ALJ that clearly state
from the time the current owner took possession and made contact with the Police FORCE
unit, the business practices were still not enough to change the atmosphere at this location.
She felt all the evidence the Council needed was in the ALJ report.
Councilmember Harris asked Ms. Palmer what would happen if the license is denied. Ms.
Palmer responded that if the license is denied Mr. Patel will not be able to operate at that
location. If a new application comes in, Licensing will proceed on that application.
Councilmember Harris noted that it has been determined the building is up to code. Ms.
Palmer responded that the certificate of occupancy was not an issue at the AU hearing. It
was strictly on the fact that it was operated in a manner that endangered the public safety.
Council President Bostrom asked Phil Byrne what the City's liability could be on the
property if a license is granted while knowing of the existing problems. Mr. Byrne said he
was unable to assess that issue at this time as it depends on a number of factors .
Councilmember Coleman moved to grant a license for 60 days after which time the
property would be closed or sold, and to adopt the findings of fact, recommendations, and
conclusions of law of the Administrative Law Judge.
Steve Kelly said his client was in agreement with the motion.
October 14, 1998 City Council Summary Minutes Page 16
Vote on Councilmember Blakey's motion (made earlier) to deny the license:
Failed Yeas - 3 Nays - 3 (Bostrom, Coleman, Harris)
Vote on Councilmember Coleman's motion to grant a license for 60 days:
Failed Yeas - 3 Nays - 3 (Blakey, Lantry, Reiter)
Councilmember Blakey moved to lay over two weeks.
Laid over to October 28 Yeas - 6 Nays - 0
(Harris left)
42. Resolution - 98-947 - Making certain determinations and findings necessary for acquisition
of property at 393 Sherburne Avenue.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing
and approval.
Adopted Yeas - 5 Nays - 0 (Harris not present for vote)
(Harris returned)
43. Resolution - 98-948 - To consider the application for a sound level variance by Larry
Lueth, Assistant City Engineer, City of Saint Paul Public Works Department, for road
construction on Shepard Road between Randolph Avenue and Elm Street from 10:00 p.m.
to 7:00 a.m., September 21, 1998 to January 30, 1999.
Bruce Elder, Department of Public Works, appeared and stated that this request is to
extend hauling hours on a contingency basis during construction on Shepard Road between
the hours of 10:00 p.m. and midnight. At this point, they did not feel it will be necessary
to haul materials during those hours but with the possibility of inclement weather, they felt
it would be best to have the ability to do so should it become necessary.
After reviewing the construction with neighborhood representatives and the district
council, Mr. Elder said they may limit the area to James and Randolph Avenues, an area
less likely to generate noise that may be objectionable to the neighborhood.
Councilmember Coleman moved to amend the resolution to read "500 ft. east to 500 ft.
west of James Avenue" and "between the hours of 10:00 p.m. and 12:00 p.m."
Ken McCormick, 40 Irvine Park, appeared and expressed his and his neighbors' approval
of the amended language.
October 14, 1998 City Council Summary Minutes Page 17
Councilmember Coleman moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
(Coleman left)
44. Resolution Ratifying Assessment - 98-949 - In the mater of summary abatements (grass
cutting) for part of May and all of June, 1998 for property at 623 Wells Street. (File
#J98TDBC) (laid over from October 7)
Gerry Strathman, Legislative Hearing Officer, suggested that this resolution be withdrawn
as investigation has shown that the assessment was not done at this property but rather at
an adjoining property.
Councilmember Lantry moved to withdraw the resolution.
Withdrawn Yeas - 5 Nays - 0 (Coleman not present for vote)
45. Resolution Ratifying Assessment - 98-950 - In the matter of the installation of a lantern
style lighting system on Beechwood Avenue from Snelling Avenue to Macalester Street
(north side) and Macalester Walk (south side). (File #18796)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 5 Nays - 0 (Coleman not present for vote)
46. Resolution Ratifying Assessment - 98-951 - In the matter of construction of a new sanitary
pumping station to replace the existing Red Rock Road south pump station. (File #18838)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing
and approval.
Adopted Yeas - 5 Nays - 0 (Coleman not present for vote)
47. Resolution Ratifying Assessment - 98-952 - In the matter of the Margaret/Arcade Area
Street Paving and Lighting Project. (File #18855)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing
and approval.
Adopted Yeas - 5 Nays - 0 (Coleman not present for vote)
(Coleman returned)
October 14, 1998 City Council Summary Minutes Page 18
48. Resolution Ratifying Assessment - 98-874 - In the matter of the Railroad Island Area Street
Paving and Lighting Project. (File #18856) (Laid over from September 23)
Shirley Thompson, 740 Bradley Street, appeared and expressed concern about how often
the street she lives on has been torn up, how long it was taking to do the work, and the
conditions the home owners have had to live under while this work takes place.
Larry Leuth, Department of Public Works, appeared and said he would have a
representative visit this area on October 15 to review the situation.
An unidentified property owner appeared and stated that she did not feel there was
anything wrong with the curb and gutter on her side of the street which was replaced when
the street work was done and she did not feel they should be assessed for it again.
Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
49. Resolution Ratifying Assessment - 98-953 - In the matter of installation of storm sewer
connection projects installed during January 1989 through December 1994. (File #18764,
18569-10, 18563-3, 18609-8, 18569-4, 18758, 18653-4, 18769, 18728)
Larry Leuth, Department of Public Works, explained that during the sewer separation
program, storm stubs were put in, for the most part, to commercial buildings. In these
situations, the existing commercial establishments had their storm and sanitary runoff both
going to the sanitary sewer because there was no storm sewer available in the street.
When Public Works constructed a storm sewer, a storm stub was constructed from the
sewer to the property line so that the businesses could hook up to the storm sewer and no
longer have to pay for the treatment of the storm waters.
Councilmember Harris questioned why the property was not assessed when the work was
done. Mr. Leuth responded that some of the assessments were lost in the system and that
some of them may be a Public Works' situation and some of them a Real Estate situation.
John Saumweber, Real Estate Division, explained that when people sell property they
should be checking to see if there are any pending or current assessments. If there is a
pending assessment, money is put into escrow so the assessment is taken care of when
there is a new buyer. The only way people know if there is a pending assessment is if they
call the Real Estate Office.
Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
October 14, 1998 City Council Summary Minutes Page 19
50. Resolution Ratifying Assessment - 98-954 - In the matter of summary abatements (property
clean-up) for August 1998; boarding-up of vacant buildings for June 1998; demolition of
vacant buildings for July 1998; towing of abandoned vehicles for August 1997 and March,
April, May and June 1998; and summary abatement (cutting grass by TDBC) for July
1998. (File #J9806A, J9805B, J9804C, J9806V, J98TDBC1) (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing
and approval.
Adopted Yeas - 6 Nays - 0
51. Resolution Ratifying Assessment - 98-955 - In matter of summary abatement (property
clean-up) for property at 1904 Jefferson Avenue. (Laid over from September 23)
(Legislative Hearing Officer recommends laying over to the October 20 Legislative
Hearings)
Councilmember Harris moved to lay over two weeks.
Laid over to October 28 Yeas - 6 Nays - 0
52. Appeal of Richard Fowler to a summary abatement order for property at 1084 Edgerton
Street. (Legislative Hearing Officer recommends laying over to the November 3
Legislative Hearings)
Councilmember Reiter moved to lay over to November 12.
Laid over to November 12 Yeas - 6 Nays - 0
53. Appeal of Tammi Vang to a summary abatement order for property at 748 Burr Street.
(Appeal withdrawn)
54. Public hearing to consider the application of Frable, Donald C./Winover, Steven to rezone
property from RM-2 (residential multiple-family) to B2-C (Community Business
Converted) to allow conversion of a single family house to an insurance office use at 1488
Grand Avenue.
Jim Zdon, Department of Planning and Economic Development, provided a brief staff
report. He indicated that the recommendation of the Zoning Committee of the Planning
Commission was to deny the rezoning and the recommendation was upheld unanimously
by the Planning Commission.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and deny the application.
Motion of Intent - Application Denied Yeas - 6 Nays - 0
October 14, 1998 City Council Summary Minutes Page 20
55. Public hearing to consider the application of Mark Fuhr to rezone property from P-1
(Parking) to B-3 (General Business) and from OS-1 (Office Service) to B-3 (General
Business) and RM-2 (Multiple-Family Residential) to allow construction and operation of
an Amoco Certicare Auto Repair Station at 399 Ruth Street (southwest corner of Ruth
Street and Wilson Avenue).
No one appeared in opposition; Councilmember Lantry moved to close the public hearing
and grant the application.
Motion of Intent - Application Granted Yeas - 6 Nays - 0
Councilmember Harris moved to adjourn the meeting.
ADJ AT 7:25 P.M.
1,61
aniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy son 43.S i \`\V'
Assistant Council Secretary
mce
:4 k.. O
w c c _ /
V` k 4
.F. (-) . eC a 0 k
17. o�
lc
cn .1) s - _T-47:\ ‘) •4\ *K).
I 6 i 1.__ , ki; 0- n . . ( \
t 74 CA il.; \ . . -' ) ---4 4 -7. \I'
az d g
Oc a e-----D 'J -S 4
C.) co og ; '‘'\ \Q
61
Z :7,, (3 N NV)\ ' , C " ' . 3 (
ti
ri <.,_ ‘ .9 \- . - - --- N. _,.P m
N —
rA
J
\ i ilk
J
Z , . 4:)*, 01 ' 6-8- \'
- NL
i1 ) 4-,,, ,'9, , ,--, 6. .,... . ..,,.
,:w . - Y -13 N_C \N
64 z - 4\ `,-.
1.4 a .;� n 4