Approved Minutes 10-7-1998 I
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, October 7, 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 3:35 p.m. by Council President Bostrom.
Present- 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey(arrived shortly after roll call)
CONSENT AGENDA
Councilmember Lantry requested a one week layover on Item 18.
Councilmember Harris requested Item 21 and 31 be removed for discussion.
Council President Bostrom amended language on Items 35 and 36.
Councilmember Harris moved approval of the Consent Agenda as amended.
Yeas - 7 Nays- 0
FOR ACTION
1. Approval of minutes of September 2 and September 9, 1998, and Closed Door Session of September
23, 1998.
Adopted Yeas - 7 Nays- 0
2. Claims of Randy Benson, Juli Chiotti, Valerie Engberg, Joel Forsberg, Michael Haas, Thomas
Hanlon, Mary Ann Linaman, Jennifer Lowe, Bernadine McCormick, Ruth Parker, RDO Equipment
Co., Shannon Shudy, Lori Sweeney, and Dale Sweno.
Referred to Employee/Risk Management Division
3. Notice of Claim in the matter of Cornelius, et. al. vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Denise Gilbertson vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on October 14, 1998 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.
October 7, 1998 City Council Summary Minutes Page 2
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on Wednesday, October 14, 1998, 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.
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 14, 1998, 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).
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 14, 1998, to consider the Renewal Application for a Taxicab Driver's License by James
Coners, 313 Dale Street North.
9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 14, 1998, to consider the Renewal Application for a Taxicab Driver's License by Kendell
Waller, 1086 Como Place.
10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 14, 1998, to consider the report of the Administrative Law Judge concerning licenses held
by Hari Krishna, Inc., dba Travel Inn, 149 University Avenue East.
11. Letter from the Real Estate Division announcing a public hearing before the City Council on
November 4, 1998, to consider the vacation of a portion of Stevens Street in Langevin's 4th
Addition.
12. Letter from the Department of Fire and Safety Services/Property Code Enforcement declaring 667
Charles Avenue and 932 Concordia Avenue as"nuisance properties" and setting date of Legislative
Hearings for October 20, 1998, and City Council Hearings for October 28, 1998.
13. Letter from the Department of Fire and Safety Services/Property Code Enforcement declaring 747
Edgerton Street and 387 Jenks Avenue as"nuisance properties." (For notification purposes only;
public hearings will be scheduled at a later date if necessary.)
14. Administrative Orders:
D001593 Authorizing payment of$861.40 to Dr. Ralph Farnsworth, Como Zoo Veterinarian, to
attend the 1998 annual conference of the American Association of Zoo Veterinarians in
Omaha, Nebraska on October 18-22, 1998.
D001594 Authorizing the Office of Human Resources to reimburse vendors for costs incurred in
conducting the 12th Annual Conference for the Administrative Support Staff on
October 13 and 14, 1998.
October 7, 1998 City Council Summary Minutes Page 3
D001595 Amending the budget of the Sales Tax Revitalization(STAR) Fund by adding
$39,822.00 of STAR Neighborhood Investment Funds to existing Merriam Park
Housing Rehab Agreement.
D001596 Reducing charges to Ryan Construction Company for street obstruction permits issued
after January 1, 1998 to reflect the permit fee rates in effect when contractors were
bidding on the State of Minnesota Revenue Building project.
D001597 Authorizing payment of$2,482.32 to Riverfront Corporation for photography and
presentation materials for a presentation of the Harriet Island Regional Park
Improvement Project.
D001598 Budget revision to allocate funds from the STAR Business Revolving Loan Program
for $50,000 to the Coffee News Cafe, Inc. project and the return of$44,000 from the
Twin Cities Academy project.
D001599 Authorizing payment, not to exceed$2,500.00, to The Conservation Fund for site
clearance costs at the "LaFavor property."
D001600 Authorizing payment, not to exceed$15,000.00, to various parties for services provided
to the Division of Parks and Recreation in conjunction with 1999 Saint Paul Winter
Carnival activities.
D001601 Authorizing payment of$450.00 to Byerly's for costs incurred by the Department of
Fire and Safety Services to conduct three two-hour teacher training workshops on"Risk
Watch" injury prevention curriculum.
Noted as on file in the City Clerk's Office
15. Resolution- 98-853 - Approving the 1997-1998 Labor Agreement between the City of Saint Paul
and the International Union of Operating Engineers Local 70. (Laid over from September 23 for
adoption)
Adopted Yeas - 7 Nays - 0
16. Resolution- 98-878- Approving the appointment of Kevin Lindsey and Soua Yang,by Mayor
Coleman, to the Saint Paul Public Housing Agency.
Adopted Yeas - 7 Nays - 0
17. Resolution- 98-879 - Establishing the new position of Landscape Architect IV in Grade 023 of the
Professional Standard Ranges in the Salary Plan and Rates of Compensation.
Adopted Yeas - 7 Nays - 0
18. Resolution- 98-880 - Approving the rate of pay for the proposed new class specification of Cable
Communications Officer.
Laid over to October 14 Yeas - 7 Nays - 0
19. Resolution- 98-881 - Accepting donations and prizes from unions for the Annual Administrative
Support Conference to be held on October 13 and 14, 1998.
Adopted Yeas - 7 Nays - 0
October 7, 1998 City Council Summary Minutes Page 4
20. Resolution - 98-882 - Amending the 1998 budget in the Department of Fire and Safety Services to
provide funds for solving the Fire Department's PRIME computer conversion and its "Year 2000"
computer problems.
Adopted Yeas - 7 Nays - 0
21. (Discussed after the consent agenda)
22. Resolution- 98-884 - Authorizing the proper City Officials to enter into an agreement with the City
of Duluth to reimburse Duluth's Lead Hazard Reduction Research Project follow-up expenses from
April 1, 1997 through May 31, 1998.
Adopted Yeas - 7 Nays - 0
23. Resolution - 98-885 - Authorizing the Saint Paul Police Department to submit a letter of request for
in-kind support from 3M for the prevention of graffiti in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
24. Resolution- 98-886 - Authorizing the Saint Paul Police Department to enter into agreements with
the United States Department of Justice, Drug Enforcement Administration and the Federal Bureau
of Investigations, Violent Crimes Strike Force.
Adopted Yeas - 7 Nays - 0
25. Resolution - 98-887 - Accepting $25,000.00 from the Friends of the Mounted Police and the Capital
City Partnership for support of the Saint Paul Mounted Police Unit.
Adopted Yeas - 7 Nays- 0
26. Resolution- 98-888 - Authorizing the Saint Paul Police Department to accept contributions for the
slain Canine Callahan.
Adopted Yeas - 7 Nays - 0
27. Resolution- 98-889 - Authorizing the Saint Paul Police Department to accept a donation from
Mervyn's to the Officer Friendly Program.
Adopted Yeas - 7 Nays - 0
28. Resolution- 98-890 - Amending the 1998 budget in the Division of Parks and Recreation Supply
and Maintenance fund by using retained earnings received from surplus equipment sold at auction to
purchase shop equipment.
Adopted Yeas - 7 Nays - 0
29. Resolution- 98-891 - Authorizing execution of an Indemnity Agreement for return of the bronze
bust of Henrik Ibsen to Como Park.
Adopted Yeas - 7 Nays - 0
October 7, 1998 City Council Summary Minutes Page 5
30. Resolution - 98-892 - Accepting grants from the State of Minnesota in the amount of$79,640.00 for
the Night Moves Program.
Adopted Yeas - 7 Nays - 0
31. (Discussed after the consent agenda)
32. Resolution - 98-894 - Authorizing the proper City officials to execute an agreement accepting a
$100,000 grant from the Metropolitan Council to help fund the Phalen Wetland Restoration, Phase
II project.
Adopted Yeas - 7 Nays- 0
33. Resolution- 98-895 - Authorizing the execution of a Saint Paul Water Utility Permit Agreement
between the Saint Paul Board of Water Commissioners and the City of Saint Paul under which the
City will be allowed to install and maintain a fiber optic cable in certain sections of the Board's
downtown tunnel system as part of a MnDOT metro wide traffic information and management
system called ORION.
Adopted Yeas - 7 Nays - 0
34. Resolution - 98-896 - Approving issuance of a loan to Miller's of Shakopee, Inc. and John Miller,
through the STAR Revolving Loan Program, Thomas-Dale District 7, Ward 1, for building
improvements and renovations at 516 Rice Street.
Adopted Yeas - 7 Nays - 0
35. Resolution- 98-897- Authorizing a $3,000,000 financing transaction with Norwest Bank for
renovation of the City Hall Annex.
Adopted as Amended Yeas - 7 Nays- 0
36. Resolution- 98-898 - Accepting the offer of the Mnnesota Public Facilities Authority to purchase a
$16,500,000 Water Revenue Note of 1998, provide for its issuance and authorize execution of the
project loan agreement.
Adopted as Amended Yeas- 7 Nays - 0 •
37. Resolution- 98-899 - Providing local approval for the City to issue bonds for the Capital
Improvement Program and setting the dollar amount limits for the years 1998 through 2003.
Adopted Yeas- 7 Nays- 0
38. Resolution - 98-900 - Authorizing the purchase of eight properties located on Hoyt and Montana
Avenues as part of Phase I of the Hoyt-Montana Flood Remediation Project.
Adopted Yeas - 7 Nays - 0
39. Resolution - 98-901 - Approving a Registered Land Survey for the property at 275-285 Irvine
Avenue.
Adopted Yeas - 7 Nays - 0
October 7, 1998 City Council Summary Minutes Page 6
40. Resolution- 98-902 - Amending assessment amount on property located at 703 Ottowa Avenue,
Page/Cherokee Residential Street Paving Project.
Adopted Yeas - 7 Nays - 0
41. Resolution- 98-903 - Authorizing the purchase of land for the Jimmy Lee Recreation Center
Acquisition and Redevelopment Project.
Adopted Yeas - 7 Nays- 0
42. Preliminary Order- 98-904 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts, and fills in grading and paving the alley in Block 2, Ryan Place
(bounded by Randolph, Mount Curve, Hartford, and Montrose), and setting date of public hearing
for December 2, 1998. (File#18881-S)
Adopted Yeas - 7 Nays - 0
43. Preliminary Order- 98-905 - In the matter of improving the alley in Block 2, Ryan Place(bounded
by Randolph, Mount Curve, Hartford, and Montrose)by grading and paving with bituminous
material, and setting date of public hearing for December 2, 1998. (File#18881)
Adopted Yeas- 7 Nays- 0
FOR DISCUSSION
21. Resolution- 98-883 - Amending the 1998 budget in the Department of Fire and Safety Services to
provide funds for moving the Property Code Enforcement Division.
Councilmember Harris moved to layover one week.
Laid over to October 14 Yeas- 7 Nays - 0
(This item was reconsidered after Item 49)
31. Resolution- 98-893 - Approving the following organizations to the eligible list for the 10% Club for
1998: Frost Lake Athletic Membership Endowment Association, Hayden Heights Youth Alliance,
and North End Youth News.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Coleman not present for vote)
44. 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
September 23)
Councilmember Lantry moved a one week layover at the request of Council President Bostrom.
Laid over to October 14 Yeas - 6 Nays - 0 (Coleman not present for vote)
October 7, 1998 City Council Summary Minutes Page 7
45. 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)
Councilmember Blakey stated there was concern from the community about the number of vehicles
stored on the property.
Gerry Strathman, Legislative Hearing Officer, stated no one appeared at the Legislative Hearing or
raised an issue about the number of vehicles stored on the property. The conditions recommended
were by the Office of License, Inspections and Environmental Protection (LIEP) and they do not
address the storage of vehicles. Any changes would have to be discussed with the property owner to
see if he will accept another condition.
Councilmember Blakey moved to layover one week for LIEP to speak to the owner about accepting
a condition concerning the number of vehicles on the premises.
Laid over to October 14 Yeas- 7 Nays - 0
46. Resolution- 98-907 - Approving application for a Food Vehicle, Malt On Sale(strong), Wine On
Sale, Catering(C), and Restaurant(B) Licenses by San Pasqual's, Inc., dba Pasqual's Salsaria&
Southwestern Deli, 1276 Grand Avenue. (Legislative Hearing Officer recommends approval with
conditions)
Councilmember Harris moved approval
Adopted Yeas - 7 Nays - 0
47. Resolution- 98-908 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 629 North Street#1. (Laid over from September 23;
C.F. 98-855)
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
48. Report on the findings of the Legislative Advisory Committee on Solid Waste Removal.
(Requested by the Council on June 10, 1998, C.F. 98-502)
Councilmember Blakey moved a seven week layover noting that a committee was recently formed
to look at systemizing garbage hauling in Saint Paul.
Laid over to November 25 Yeas - 7 Nays - 0
49. Report on the findings and recommendations of the Legislative Advisory Committee on Advertising
Signs.
Gerry Strathman, Legislative Hearing Officer, presented a report on the Committee's findings and
recommendations.
Councilmember Benanav moved a one week layover.
Laid over to October 14 (Resolution to be presented) Yeas - 7 Nays - 0
October 7, 1998 City Council Summary Minutes Page 8
21. Resolution- 98-883 - Amending the 1998 budget in the Department of Fire and Safety Services to
provide funds for moving the Property Code Enforcement Division.
Councilmember Harris questioned the $85,000 expenditure saying that in 1997, the Administration
gave a presentation as to why it was necessary to move the Property Code Enforcement Division to
the Fire Department and now there is a proposal to move it again.
Roger Curtis, Mayor's Office, appeared and stated that Ramsey County has informed the City that
the space Property Code Enforcement occupies at 555 Cedar must be vacated as of December 1,
1998. Mr. Curtis wrote a proposal that moves inspectors into different team precinct houses in the
community. Telephones, a computer network and furniture will have to be purchased.
Councilmember Harris noted that there was frequent talk of needing more inspectors, but a
supervisor was hired instead.
Council President Bostrom stated that the funding for Property Code Enforcement was in the Fire
Department budget and has been transferred to the Citizen Service Office. Councilmember Harris
responded it was his understanding that the money for the move will come from the general fund.
Councilmember Lantry noted that this division will be split into three offices which she felt is
inefficient. Roger Curtis responded the concept is to move Property Code Enforcement into
community enforcement in order to be more effective. Ms. Lantry stated inspectors are sent out
from one location, they have territories and do not spend a lot of time in the office. Mr. Curtis
responded that the logistical concerns are being worked out with Warren(Mort) Bostrom, Interim
Director.
Councilmember Blakey stated this is one of the most important divisions in the City and it is
unknown how moving them will make things better. Mr. Blakey suggested the Council discuss this
during the budget hearings. Mr. Curtis responded that the Administration has made a determination
that the division can be more efficient by making this move. The plan is to have half of the
inspectors housed in the East Team, half at the Western Team office on Grand Avenue, and put the
Vacant Building and clerical staff with the Office of Citizen Service.
In response to a question of Councilmember Reiter, Roger Curtis stated that Mort Bostrom was
brought in as an interim director to help with the moves and bring these efficiencies together. Mr.
Reiter suggested that the Council monitor the situation as to how the division is operating after one
year. Councilmember Coleman concurred with Councilmember Reiter.
Councilmember Benanav stated Code Enforcement needs modern technology and in an amount
sufficient for the inspectors to do their job. Roger Curtis responded that $20,000 of the $35,000 is
for nine computers for the inspectors.
Council President Bostrom asked Fred Owusu, Citzen Service Office, if he felt comfortable that this
will work.. Mr. Owusu responded that most of the complaints received by the Citizen Service
Office are housing related and he sees this as an opportunity for the City to take a more proactive
stance in addressing these problems.
October 7, 1998 City Council Summary Minutes Page 9
Councilmember Coleman moved reconsideration and approval stating the budget should be
reviewed so the Code Enforcement staff has the technology they require.
Adopted Yeas- 7 Nays - 0
50. Report from the Director of Technology and Management Services on the City's efforts to prevent
and solve potential problems associated with"The Year 2000 Computer Bug." (Requested by the
Council on August 5, 1998, C.F. 98-692) (Update was presented at the September 23 Budget
Meeting)
Councilmember Blakey moved to have an update on November 25.
Yeas- 7 Nays - 0
51. Report from the Department of Planning and Economic Development on a new selection process for
applications for the Liveable Communities grant program at the Metropolitan Council. (Requested
by Council on August 5, 1998, C.F. 98-693)
(A written report was distributed to Councilmembers.)
Councilmember Blakey stated he previously requested that there be a better process in place and he
is very satisfied now with the process.
Lucy Thompson, Department of Planning and Economic Development, appeared and stated she did
not have a verbal report to give, but she could review the time line if the Council desired.
ORDINANCES
52. Final Adoption- 98-374 - An ordinance amending the Saint Paul Charter to provide for voting
requirements in case of abstentions for conflict of interest. (Laid over from July 15)
Phil Byrne, Assistant City Attorney, explained the procedure for amending the Charter and said that
the issue on voting requirements will require two publications, a public hearing, and then final
adoption.
Councilmember Benanav moved to lay over seven weeks.
Laid over to November 25 for public hearing and final adoption
Yeas - 7 Nays- 0
53. Second Reading- 98-865 - An ordinance amending Appendix C of the Legislative Code pertaining
to the gas service franchise of Northern States Power Company.
Councilmember Lantry moved to introduce a substitute ordinance and a layover to October 14, 1998
for third reading/public hearing Yeas - 7 Nays - 0
October 7, 1998 City Council Summary Minutes Page 10
54. First Reading- 98-866 -An ordinance amending Saint Paul Legislative Code Chapter 409.26;
reducing the presumptive penalties for noncompliance of liquor licenses. (Laid over from
September 23)
Councilmember Reiter moved to introduce a substitute ordinance.
Roll Call: Yeas - 7 Nays - 0
Substitute laid over to October 14 for second reading
Councilmember Benanav moved for suspension of the rules and approval of the following resolution:
Resolution - 98-918 - Establishing a public hearing on October 28, 1998 on the implementation of
Saint Paul's Living Wage Policy.
Adopted Yeas- 5 Nays - 2 (Harris, Reiter)
(The meeting was recessed from 4:50 to 5:40 p.m.)
Roll Call: Present - 7 Nays - 0
PUBLIC HEARINGS
55. Resolution- 98-909 - To consider the vacation of Mackubin Street between Idaho Avenue and Hoyt
Avenue to allow the vacated area to accrue to the adjoining properties.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
56. Resolution- 98-910 - Ratifying 1998 Street and Alley Maintenance Service Charge.
Anthony Mendoza and Dawn Zngay, 2088 Randolph Avenue, appeared and presented a petition in
regard to the alley that runs behind the property of Juno and Randolph Avenues. They indicated that
the alley is in a severe state of disrepair. Councilmember Harris responded that public works' staff
would look at the alley.
Dorian Kollander, 492 Andrew Street, appeared and also expressed concern about the condition of
this alley.
Councilmember Coleman stated a committee was convened to assess the condition of Barge Channel
Road and the improvements by the Port Authority. There is a plan to make improvements to this
property.
Councilmember Coleman moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
October 7, 1998 City Council Summary Minutes Page 11
57. Resolution- 98-911 - Granting an extension of the submission deadline for Saint Paul's Land Use
and Housing Chapters of the Comprehensive Plan and the establishment of a Legislative Advisory
Commission on Affordable Housing Policy.
Councilmember Blakey stated the Planning Commission is at the end of their work on the
Comprehensive Plan. The plan will be submitted to the Metropolitan Council as is done every ten
years. The plan does not address the issue of affordable housing and Mr. Blakey's resolution asks
for an extension of time for the Comprehensive Plan to go to the Metropolitan Council in order to
look at the issue of affordable housing.
The following people appeared and spoke in support of the resolution:
Charlie Mae Hollins, 3116 Hague Avenue#1, President of the Tenants Union.
Geraldine Foster, 9 West Seventh Place#209.
ViolaRae Kassing, 8070 12th Avenue South#104.
Ron Elwood, 46 Fourth Street East; Co-Chair of St. Paul Ramsey County Five Year Housing and
Homeless Services Oversight Committee.
Jim Anderson, Planner for Low Income and Homeless Services for Ramsey County Human Services
Department.
Mary Helen Inskeep, Seventh Place Residence.
Shirley Kaiterer, 9 West Seventh Place.
Joe Errigo, President of Common Bond, Minnesota's largest non-profit provider of affordable
housing.
Steve Dunnin(phonetic), 9 West Seventh Place.
Perry Bolin, Earth Start Project, American Indian Organization providing affordable housing
opportunities.
Council President Bostrom closed the public hearing.
Councilmember Coleman presented a substitute resolution and moved approval. He noted that the
substitute moves the extension deadline from September, 1998 to April, 1999. Instead of an
advisory committee, it sets up the Council as a committee-of-the-whole to review the land use
portion and the housing chapter of the Comprehensive Plan. The latest draft of the housing plan
version is a 17 page document of which seven pages are directed toward affordable housing. Mr.
Coleman also distributed a list of people who had participated in the process. The committee-of-the-
whole approach allows the Planning Commission to do its job, allows the Council to do what they
are in charge of, which is to make a decision, and gives plenty of opportunity for anyone who is
concerned about the issue of affordable housing to have input.
Councilmember Benanav stated at this point he is not ready to decide whether a task force is needed
or a committee-of-the-whole. Ultimately, the Council will make the decision. He said he would
like to see what the Planning Commission recommends first.
(Harris left and returned)
October 7, 1998 City Council Summary Minutes Page 12
Councilmember Blakey stated there are many issues not addressed in the Comprehensive Plan and
he indicated that Gladys Morton, Planning Commission Chair, suggested the Planning Commission
and the City Council should meet in the future to discuss the Plan.
Councilmember Coleman stated the Council is elected to set broad policy guidelines for Saint Paul
and to say the issue has not been dealt with is not true.
Councilmember Benanav moved to layover this issue to allow the Planning Commission to proceed
with the process.
Councilmember Lantry stated she would prefer to be part of the discussion from the beginning. All
seven Councilmembers should get more people involved and have discussions in the neighborhoods.
Ms. Lantry spoke in support of Mr. Coleman's resolution because it does what the Council wants: it
lets the Planning Commission do their job, and lets the Council be part of the discussions from the
beginning to formulate what it needs to do.
Councilmember Coleman amended his resolution to indicate that meetings would be held in order to
have broader public input.
Councilmember Harris stated the Planning Commission Citizen Group is looking at this issue and
there will be a time for the Council to meet with them.
Councilmember Blakey withdrew his resolution and said he would support Councilmember
Benanav's resolution. He said his biggest concern is that this not be a vague document.
Council President Bostrom suggested that Councilmember Benanav's resolution include a request
that the Metropolitan Council grant the Council an application deadline of April 1, 1999.
Councilmember Coleman moved for suspension of the rules and approval of the following resolution as
amended:
Resolution- 98-919 - Requesting an extension of the submission deadline for Saint Paul's Land Use
and Housing Chapters of the Comprehensive Plan and the utilization of a City Council Committee-
of-the-Whole to review the chapters.
Amended and Failed Yeas- 3 Nays - 4 (Benanav, Blakey, Bostrom, Harris)
Council President Bostrom stated the Council could bring back a resolution at a later time including
the request to have an extension of time.
Resolution 98-911 was withdrawn
Councilmember Blakey moved that the City Council request the Metropolitan Council grant an
extension to April 1, 1999.
Yeas - 7 Nays - 0
October 7, 1998 City Council Summary Minutes Page 13
58. Final Order- 98-912 - In the matter of the operation of the above standard street lighting system for
the months of January through December, 1999 for various locations throughout the City.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
59. Final Order- 98-913 - In the matter of condemnation and taking of permanent and temporary
easements near Marillac Lane and Highway 61 to be known as the Marillac Lane Easement
Acquisition Project. (File#18875E)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
60. Resolution Ratifying Assessment- 98-914 - In the matter of grading and paving and constructing
sanitary sewer and connections in Howard Street from the end of the existing paved roadway located
approximately 400 feet southwest of Oakridge Street to approximately 457 feet southwest of
Oakridge Street; also constructing long water service connections from the existing water main in
Howard Street. (File#18819 & 18819-W)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas- 6 Nays - 0(Blakey not present for vote)
•
61. Resolution Ratifying Assessment - 98-915 - In the matter of the operating costs for twenty one
above standard street lighting systems for various locations throughout the City for the months of
January through December, 1998.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0(Blakey not present for vote)
62. Resolution Ratifying Assessment- 98-916 - In the matter of sanitary sewer service connection
repairs for 1996, 1997 and 1998. (File#SSA9805) (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays- 0 (Blakey not present for vote)
63. Resolution Ratifying Assessment- 98-917 - In the matter of summary abatements(property clean-
up) for June and July, 1998; towing of abandoned vehicles for May, June and July, 1998; grass
cutting for part of May and all of June, 1998. (File #J9805A, J9805V, J98TDBC) (Legislative
Hearing Officer recommends approval)
No one appeared in opposition.
October 7, 1998 City Council Summary Minutes Page 14
Gerry Strathman, Legislative Hearing Officer, noted that 1028 Aurora Avenue was heard at the
October 6 Legislative Hearing and he requested this address be included for approval. Also, he
suggested that 623 Wells be laid over for one week to resolve questions that have arisen.
Councilmember Lantry moved to close the public hearing and approval as amended.
Adopted as amended- 623 Wells laid over to October 14
Yeas - 6 Nays- 0 (Blakey not present for vote)
64. Public hearing to consider the appeal of Scenic Minnesota, Highland Area Community Council, and
Rogers Chambers to a decision of the Planning Commission regarding storm-damaged billboards at
1820 Grand Avenue(southwest corner of Grand and Fairview Avenues) and at Highland Village
Shopping Center(southwest corner of Ford Parkway and Cleveland Avenue).
Larry Soderholm, Department of Planning and Economic Development(PED), appeared and stated
that when the wind storm took place on May 30, 1998, billboards blew down in several parts of the
City. Inspectors went out to determine which billboards had structural damage and which had the
faces blown away. It was determined that structures were not damaged at the subject properties and,
therefore, no building permits were required. Wendy Lane, Office of License, Inspections and
Environmental Protection, wrote to inform the companies that the damaged signs at 1820 Grand
Avenue and at the Highland Village Shopping Center could have the faces put back on the building
structures. They were replaced without building permits as approved by the Zoning Administrator
and that decision was appealed by Scenic Minnesota and a couple of district councils joined in the
appeal. The Zoning Committee recommended denying the appeal regarding those two billboards
and upheld the decision of the Planning Administrator.
Councilmember Lantry asked if permits are required to change the face of the billboard. Larry
Soderholm responded that permits are not required for a change of advertisement or the face.
(Blakey left and returned)
Councilmember Benanav stated the billboards are in special sign districts. The Zoning Committee
report clearly says billboards are not permitted on Grand Avenue or Highland. PED recommends
that the sign face should be considered part of the sign structure and the City should require a sign
permit for the replacement of poster panels. While the replacement may be routine, it should not be
routine for non-conforming ones, which these signs are. This is not a question of whether someone
likes or does not like billboards but how the current law should be applied, Benanav said. Mr.
Benanav questioned why the Planning Commission decided to differ with the PED staff
recommendations. Larry Soderholm responded that the recommendations were revised orally at the
Zoning Committee meeting after consultation with a city attorney and LIEP staff.
Councilmember Harris stated the company repaired the signs just a few days after the storm. Mr.
Soderholm responded that the company was securing unsafe conditions as a lot of metal had blown
into the yards of home owners. Mr. Harris asked if the $29,000 cost for repairs is correct. Mr.
Soderholm responded that sign face and trim are the panels that come in a kit and the fiberglass
surrounds it. The cost is $500 and $220 per face, and this sign is back to back. There is also a labor
October 7, 1998 City Council Summary Minutes Page 15
cost. In a letter, the Zoning Administrator asked for a comparison of what repairing the existing
sign structure would be as opposed to rebuilding a new sign. Another section of the zoning code
pertaining to non-conforming signs in general applies to business signs and billboards and says if
there is damage greater than 51%, then a non-conforming sign cannot be replaced.
Councilmember Harris stated there was no permit issued until the 10th and he asked if the company
was working without a permit initially. Larry Soderholm responded that a permit is not required for
clean-up.
Councilmember Benanav asked if there has ever been a replacement of a sign face without a permit
Wendy Lane responded that she believes this is the first time. Also, she could not recall panel faces
coming down due to a storm.
The following individuals appeared and spoke in support of the appeal:
Gayle Summers, Highland Area Community Council, appeared and stated that before the inspector
got there, a fair amount of work had been done and it appeared that there was a lot of work being
done beyond the damage caused by the storm on May 31.
Brian Bates, Scenic Minnesota, appeared and cited the Zoning Code in detail with regard to signs.
He pointed out that there are two non-conforming sign sections in the zoning ordinance which he
discussed.
The following individuals appeared and spoke against the appeal:
Marvin Liszt, attorney for Eller Media Company, appeared and stated these are legal non-
conforming signs. When the storm occurred, Eller Media had damage to many signs. Eller did not
do repair work on any signs until they talked with LIEP staff and many of those signs have still not
been repaired. Panels blew off and they are customarily replaced with new ones. A permit has
never been required for the replacement.
Chris McCarver, Eller Media Company, appeared and stated there are three signs located on this one
piece of property. One was not damage at all, one had the panels blown off, and the other one had
to be inspected by LIEP.
Council President Bostrom closed the public hearing.
Councilmember Benanav moved to grant the appeal saying the intent of the special sign district was
to remove signs over time.
Council President Bostrom stated repairing a sign that is damaged is not renovation and a dangerous
message is sent to a business if they are told they cannot repair a sign.
Motion to grant the appeal failed
Yeas - 3 Nays - 4 (Blakey, Bostrom, Coleman, Reiter)
October 7, 1998 City Council Summary Minutes Page 16
Councilmember Blakey moved to adjourn the meeting.
ADJOURNED AT 7:43 P.M.
12//)4/1t,fr
Darnel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy erson cs� `-� \T\$'
Assistant Council Secretary
rn/mce
a : \\ V1
_'D- �V , car-
•
c- Vs., v": _( 1-' \ (-4
2 ' ' a
"\f) A
a
-I' \ `1 --, 4- tf-,
Ao
4 li) ‘ ' -.1 . 4.._
I"r:1' wc4 5 'si . \\')kZ - 7,--` -
I i 4e i' -- (L\ ‘0
g 61 ; gim . . , 0 N
6.1 D° ° \-.)
3 a N
r
a ,o
4,\ 1
a ` \ 2 \