Approved Minutes 8-5-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, August 5, 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 by Council President Bostrom at 3:35 p.m.
Present- 6 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry
Absent - 1 - Reiter(excused)
CONSENT AGENDA (Items 1- 34)
Councilmember Benanav requested to lay over Item 9 for one week.
Councilmember Harris moved approval of the Consent Agenda as amended.
Yeas- 6 Nays- 0
FOR ACTION
1. Approval of minutes of July 15, 1998 Closed Door Session.
Adopted Yeas - 6 Nays - 0
2. Claims of Jennifer Berge, Arthur Bowman, Alisha Ellwood, Womble Quay Grigg, Jr., Larry
Liggons, David Mathes and John Simon.
Referred to Employee/Risk Management Division
3. Notice of Motion and Motion for Order Extending Time for Filing of Commission's Award,
Affidavit of Marc J. Manderscheid and Proposed Order in the matter of the Port Authority of the
City of Saint Paul vs D.S.P.O.T., L.L.C., et al.
Referred to the City Attorney's Office
4. Letter from the Department of Fire and Safety Services/Property Code Enforcement declaring 325
Robie Street West and 711 Sherburne Avenue as "nuisance properties." (For notification purposes
only; public hearings will be scheduled at a later date if necessary.)
5. Letter from the Real Estate Division announcing a public hearing before the City Council on
August 12, 1998, to consider the vacation of part of Western Avenue lying northwesterly of Grand
Avenue and south of Ramsey Street. (File #1-1998)
6. Letter from the Real Estate Division announcing a public hearing before the City Council on
August 12, 1998, to consider the vacation of disposing excess right of way purchased by the City
on the east side of Dale Street between Sherburne Avenue and Van Buren Street. (File #1997-10)
August 5, 1998 City Council Summary Minutes Page 2
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on August 12, 1998, to consider the preliminary and final plat application
of Lenore Miller to allow the property to be subdivided into two lots with single family homes at
1237 Birmingham Street
8. Administrative Orders:
D001502 Amending the 1998 City Sales Tax Capital Projects Fund to allocate funds from the
Neighborhood Investment Program to the District 6 Planning Council, Inc. Project in
the amount of$5,000.
D001571 Authorizing the expenditure of$400.00 to underwrite the cost of coffee and donuts to
the volunteers for the storm damage clean up effort.
D001572 Authorizing and executing a Lease Agreement with Towle Real Estate to provide
office space on the third floor of the Lowry Professional Building for City employees
who will be temporarily dislocated as a result of the renovation of the City Hall
Annex.
D001573 Addition of$287.95 to the contract for the Arlington Hills Branch Library elevator
addition and interior remodeling.
D001574 Addition of$1,640.00 to the contract for Fire Station#17 tuckpointing.
D001575 Amending the 1997/98 Capital Improvement Budgets for safety improvements to the
Martin Luther King Center.
D001576 Authorizing the Saint Paul Police Department, Community Policing Demonstration
Project (COPS) to pay location rental and food costs for conferences and community
forums, not to exceed $50,000.
D001577 Authorizing the payments to vendors by the Citizen Services - Marketing Office for
marketing and promoting neighborhood events in the amount of$14,500.
D001578 Authorizing the Department of Public Works to pay Community Enhancement and
Organizing in the amount of$2,000.00 for pedestrian count on Wabasha Street.
Noted as on file in the City Clerk's Office
9. Resolution - 98-681 - Approving the appointment of Susan Hesse, by Mayor Coleman, to the
Saint Paul Human Rights Commission.
Laid over to August 12 Yeas - 6 Nays - 0
10. Resolution - 98-682 - Settling claim of Donna Friberg in the amount of$12,000.
Adopted Yeas - 6 Nays - 0
11. Resolution - 98-683 - Reimbursing attorney fees to a Saint Paul Police Officer for his defense of
criminal charges in the amount of$16,000.
Adopted Yeas - 6 Nays - 0
12. Resolution - 98-684 - Authorizing the proper City officials to execute quit claim deeds for
properties previously vacated as part of the United Hospital complex.
Adopted Yeas - 6 Nays - 0
August 5, 1998 City Council Summary Minutes Page 3
13. Resolution - 98-685 - Amending the 1998 budget for the Department of Planning and Economic
Development in the amount of$12,500 to add temporary staffing from September, 1998 through
September, 2000 in order to assure an accurate Census count.
Adopted Yeas - 6 Nays - 0
14. Resolution - 98-686 - Amending the 1998 Residential Street Paving Project budget by transferring
funds from the 1998 Major Sewer Repair, the 1998 Sidewalk Reconstruction and the 1998 Local
Street, Alley & Sewer Projects and the addition of Water Utility financing.
Adopted Yeas - 6 Nays - 0
15. Resolution - 98-687 - Amending the spending and financing plans for the 1994-1996 Sidewalk
Reconstruction Projects.
Adopted Yeas - 6 Nays - 0
16. Resolution - 98-688 - Amending the spending and financing plan of the Phalen Wetland
Restoration Phase I and Phase II Projects by adjusting grants and returning temporary Sewer
Service Funding.
Adopted Yeas - 6 Nays - 0
17. Resolution - 98-689 - Amending the 1998 Capital Improvement Budget in the amount of
$200,000.00 for the 1998 Citywide Tree Planting Program to accelerate the replacement of trees
lost during the storms in May and June, 1998.
Adopted Yeas - 6 Nays - 0
18. Resolution - 98-690 - Approving a 1998 budget revision in Tort Claims/General Government
Account for settlement of liability claims.
Adopted Yeas - 6 Nays - 0
19. Resolution - 98-691 - Accepting an invitation from the Como Zoological Society for elected City
officials and staff to participate in a golf tournament benefit on August 10, 1998.
Adopted Yeas - 6 Nays - 0
20. Resolution - 98-692 - Requesting a status report on the City's efforts to prevent and solve potential
problems associated with "The Year 2000 Computer Bug."
Adopted Yeas - 6 Nays - 0
21. Resolution - 98-693 - Requesting that the Mayor's Administration through its Planning and
Economic Development Department submit a new selection process for applications for the
Liveable Communities Grant Program at the Metropolitan Council.
Adopted Yeas - 6 Nays - 0
22. Resolution - 98-694 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 310 Morton Street West, 596 Wells Street, 1871
Seventh Street East, 1511 Rose Avenue East and 1411 Prosperity Avenue.
Adopted Yeas - 6 Nays - 0
August 5, 1998 City Council Summary Minutes Page 4
23. Resolution - 98-695 - Accepting the Community Notification Grant from the Minnesota
Department of Public Safety in the amount of$6,500.
Adopted Yeas - 6 Nays - 0
24. Resolution - 98-696 - Accepting the Community Notification Grant from the Minnesota
Department of Public Safety in the amount of$100,000.
Adopted Yeas - 6 Nays - 0
25. Resolution - 98-697 - Authorizing the submission and, if awarded, the acceptance, entrance into
necessary agreements and administration by the Division of Parks and Recreation of one grant
proposal to the Minnesota Amateur Sports Commission Mighty Kids grant program for youth,
sports and recreational activities.
Adopted Yeas - 6 Nays - 0
26. Resolution - 98-698 - Finalizing City Council action taken July 22, 1998, denying the license
application of 5005 Properties, Inc., dba Hillcrest Bingo, 1610 White Bear Avenue.
Adopted Yeas - 6 Nays - 0
27. Resolution - 98-699 - Correcting language of Council File 98-317 adopted June 10, 1998
concerning conditions imposed upon the license of Mary P. Fasching, dba M. F. Automotive,
1728 Selby Avenue.
Adopted Yeas - 6 Nays - 0
28. Resolution - 98-700 - Approving a Letter Agreement amending the Corrective Plan Agreement
regarding the institutional network upgrade with Continental Cablevision of Saint Paul, Inc. (dba
Media One).
Adopted Yeas - 6 Nays - 0
29. Preliminary Order - 98-701 - In the matter of condemning and taking of property rights as
required for expanding the Payne Avenue Bridge Facility at 811 Payne Avenue, and setting date
of public hearing for August 26, 1998. (File #18879)
Adopted Yeas - 6 Nays - 0
30. Preliminary Order - 98-702 - In the matter of the operation of the above standard street lighting
system for the months of January - December, 1999 for various locations throughout the City and,
setting date of public hearing for October 7, 1998.
Adopted Yeas - 6 Nays - 0
31. Resolution Approving Assessment - 98-703 - In the matter of the Bidwell/Congress Area Street
Paving and Lighting Project and, setting date of public hearing for September 9, 1998. (File
#18854)
Adopted Yeas - 6 Nays - 0
August 5, 1998 City Council Summary Minutes Page 5
32. Resolution Approving Assessment - 98-704 - 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 - December, 1998 and, setting date of public hearing for October 7, 1998.
Adopted Yeas - 6 Nays - 0
33. Resolution Approving Assessment - 98-705 - In the matter of sanitary sewer service connection
repairs for 1996, 1997 and 1998, and setting date of public hearing for October 7, 1998. (File
#SSA9805)
Adopted Yeas - 6 Nays - 0
34. Resolution Approving Assessment - 98-706 - In the matter of summary abatements (property
clean-up) for June and July, 1998; towing of abandoned vehicles for May, June and July, 1998;
and grass cutting for part of May and all of June, 1998, and setting date of Legislative Hearings
for September 15, 1998 and City Council Hearings for October 7, 1998. (File #J9805A, J9805V,
J98TDBC)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
35. Resolution - 98-530 - Accepting grant funds for liquor compliance checks for 1998 to be
performed by the Police and the Office of License, Inspections and Environmental Protection.
(Laid over from July 8)
Council President Bostrom stated there had been a request from staff to lay over this item.
Councilmember Lantry moved a layover to August 26.
Laid over to August 26 Yeas - 6 Nays - 0
36. Resolution - 98-634 - Suspending licenses held by Jazzville, Inc., 486 Robert Street North, for
delinquent taxes owed to the State of Minnesota. (Laid over from July 22)
Councilmember Coleman stated he has not received any further information. The Council agreed
to take up this item later in the meeting in order to get a staff report.
37. Resolution - 98-657 - Giving final approval of 1999 Residential Street Vitality Project Areas and
tentative approval of 2000-2003 Project Areas. (Laid over from July 22)
Councilmember Harris moved a one week layover. This resolution gives final approval for the
1999 projects and lays out future projects. In the resolution, there is a project in Ward 6 at Ivy
and Earl that was originally scheduled for the year 1999 and is being pushed back to 2000.
Harris is concerned about projects being moved around in a two or three year time frame. Paving
projects are one of the more basic services, Harris said, and he would like another week to work
something out through Public Works.
Paul St. Martin, Department of Public Works, appeared and stated he develops the list and
changes the projects. Last year, the City Council approved a list of projects based on what Public
August 5, 1998 City Council Summary Minutes Page 6
Works assumed it would get for funding in future years. The costs have increased in the last two
years. The projected costs for future projects have been raised, but the funding is the same which
causes all the projects to be pushed back.
Council President Bostrom requested a written summary on how Paul St. Martin came to his
conclusions. Councilmember Lantry requested information showing the original schedule and the
present schedule. Councilmember Harris requested the Council look at the 1996 and 1997
resolutions and said he is concerned with the Ivy-Earl and the Marshall-Dayton projects.
Laid over to August 12 Yeas - 6 Nays - 0
36. (The council resumed discussion on this item.)
Phil Byrne, Assistant City Attorney, recommended the Council change the date for suspending the
licenses to August 15 in order to give ample time for notice to the license holder.
Councilmember Coleman moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
(Harris was not present for the votes on Items 38-44)
38. Resolution - 98-671 - To consider the vacation of that part of Forbes Avenue lying easterly of the
east right-of-way line of Smith Avenue and northwesterly of the northwest right-of-way line of
West 7th Street to provide parking for the Salvation Army. (Laid over from July 22)
Peter White, Real Estate Division, appeared and stated one of the property owners on Forbes
objected to the loss of public parking on Forbes Avenue. The Council asked for a report on the
parking situation if this is vacated. Mr. White sent all Councilmembers a report from Tom Beach,
Office of License, Inspections, and Environmental Protection (LIEP); and Bill Haglund, Public
Works, which indicated that the owner who was objecting would have the opportunity to develop
three private parking spots in front of or adjacent to his building at 203 Forbes. There was
potential for additional public parking spots on West Seventh Street where Forbes would be
vacated. In order to get access into those public parking spots, Mr. White recommended a
condition be added that the petitioner provide access easement to the property at 203 Forbes so
that the property owner could get the vehicles in and out of those parking spots.
Councilmember Coleman stated he asked Phil Byrne to prepare a summary of some of the issues
concerned.
Phil Byrne, Assistant City Attorney, stated the issue concerns compensable damages which would
require the City to answer if this vacation went through. If a street is vacated and reasonable
access to the property is cut off, there could be a claim for damages. Based on the facts that exist,
the case law seems to be clear that the City suffers compensable damage only when the owner is
left without reasonably convenient and suitable access. The owner has that access from Seventh
Street.
August 5, 1998 City Council Summary Minutes Page 7
Councilmember Coleman moved to amend the vacation with Phil Byrne's suggested language.
Adopted as amended Yeas - 5 Nays - 0
39. Resolution - 98-707 - Approving application for a Gas Station, Grocery-C, Restaurant (D),
Cigarette/Tobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba
SuperAmerica at 925 Grand Avenue. (ID#19980001476) (Legislative Hearing Officer
recommends approval with conditions)
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 0
40. Resolution - 98-708 - Approving application for a Gas Station, Grocery (C), Restaurant (C),
Cigarette/Tobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba
SuperAmerica at 296 Seventh Street East. (ID#19980001585) (Legislative Hearing Officer
recommends approval)
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 0
41. Resolution - 98-709 - Approving application for a Gas Station, Grocery (C), Restaurant (D),
Cigarette/Tobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba
SuperAmerica at 577 Smith Avenue South. (ID#19980001973) (Legislative Hearing Officer
recommends approval with a condition)
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 0
42. Resolution - 98-710 - Approving application for a Gas Station, Grocery (C), Restaurant (A),
Cigarette/Tobacco, Malt Off Sale and Alarm Permit (renew) License by Speedway SuperAmerica
LLC, dba SuperAmerica at 970 University Avenue West. (ID#19980001497) (Legislative
Hearing Officer recommends approval with a condition)
Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 0
ORDINANCES
43. Final Adoption - 98-375 - An ordinance to regulate conflicts of interest for City officials and
employees who are offered, or leave the City for, private employment. (Amended and laid over
from July 15)
Councilmember Benanav presented an amendment to allow the City Council to waive the ethics
ordinance under certain circumstances after public discussion in a regularly scheduled meeting.
Amended and laid over to August 12 for final adoption
Yeas - 5 Nays - 0
August 5, 1998 City Council Summary Minutes Page 8
44. Final Adoption - 98-601 - An ordinance amending Saint Paul Legislative Code Chapter 50
pertaining to individual sewage treatment systems to incorporate changes made necessary by
amendments to Minnesota Statute §115.55 and to update the ordinance to provide for efficient
enforcement and to protect the public health, welfare and safety.
Councilmember Lantry moved approval.
Adopted Yeas - 5 Nays - 0
SUSPENSION ITEMS
Councilmember Lantry moved for suspension of the rules and approval of the following resolution:
Resolution- 98-717 -Approving a contract with Dennis A. Goldberg & Associates for professional
services in the Office of Labor Relations.
Mary Kearney, Labor Relations, appeared and stated that this resolution would approve a contract
for professional services with Dennis Goldberg&Associates. The money will come from salary
savings. Labor Relations is beginning a new round of negotiations, there is an increase in the
volume and complexity of duties, and at the present time,there is a professional staff of three with
one vacancy which will not be filled for about two months. One staff member cannot participate in
the major union issues because of a conflict of interest.
Councilmember Coleman moved a one week layover citing he is uncomfortable bringing the
resolution in under suspension.
Ms. Kearney stated that Mr. Goldberg has an extensive resume and has represented a number of
public sector employees and the City of Minneapolis.
Laid over to August 12 Yeas - 6 Nays - 0
Councilmember Lantry moved for suspension of the rules and approval of the following resolution:
Resolution- 98-718 -Authorizing the Saint Paul Police Department to enter into an agreement with
St. Paul Harley-Davidson, Inc. to lease motorcycles for traffic enforcement.
Deputy Chief Al Singer, Police Department, appeared and stated this proposal provides the
opportunity to lease two Harley Davidson motorcycles for one dollar. It will be a pilot program to
see how the use of motorcycles can best serve the Police Department but they will primarily be use
for traffic control.
Councilmember Hams moved to amend the resolution to by inserting language indicating that the
lease will be through October 31, 1998. Mr. Harris asked what the long range plan is for the use of
the motorcycles. Deputy Chief Singer responded that the program will be evaluated to see if it is
worthwhile to continue it. Mr. Harris asked what criteria will be used to determine the type of
motorcycles to use. Mr. Singer responded there are three or four manufacturers of police type
August 5, 1998 City Council Summary Minutes Page 9
motorcycles. The Police Department will look at various types and visit cities where motorcycles
are in use to view service records and costs.
Councilmember Blakey asked if there would be a reduction of officers. Deputy Chief Singer
responded that the officers using the motorcycles will be patrol officers and they will be assigned to
the street but in a different form.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 6 Nays- 0
OTHER BUSINESS
Councilmember Benanav asked for a report from the Administration on what actions have occurred
since the Workplace Violence Task Force was established after Don Juenemann was killed.
(The meeting was recessed from 4:15 p.m. to 5:34 p.m.)
Roll Call: Present- 6 Absent - 1 (Reiter excused)
PUBLIC HEARINGS
45. Final Order- 98-607 - In the matter of constructing Eagle Parkway from north of Shepard Road to
Seventh Street West. (File #18874) (Laid over from July 1)
Lisa Falk, Department of Public Works, appeared and stated she met with residents from the Irvine
Park Neighborhood. The consensus of the group was to stay with the original plan but to make
some modifications. Therefore, a few things changed, but the basic concept of the road design was
kept.
Councilmember Coleman asked if the changes had to be incorporated in the order. Ms. Falk
responded she did not think so and showed where the changes would be. Mr. Coleman requested
that he be provided with a summary of the agreement.
Councilmember Coleman moved approval.
Adopted Yeas- 6 Nays - 0
46. Resolution- 98-711 - Considering the application of Ron Maddox, General Manager, RiverFeast,
for a sound level variance to allow two sound stages, one at Kellogg Park and one on Wabasha
Street at the south end of the Wabasha Street Bridge, for RiverFeast to be held on August 14, 15 and
16, 1998 from 11:30 a.m. to 10:30 p.m.
Robert Kessler, Office of License, Inspections and Environmental Protection, appeared and
corrected the resolution to read"100 dba" instead of"90 dba"which is the usual level approved for
events of this nature.
August 5, 1998 City Council Summary Minutes Page 10
No one appeared in opposition; Councilmember Coleman moved to close the public hearing.
Yeas - 6 Nays - 0
Ron Maddox, General Manager of Riverfeast, appeared and talked about the event.
Councilmember Coleman noted that Mary Nelson, Capitol River Council, had indicated the Council
approved of this variance.
Councilmember Coleman moved approval.
Adopted as amended Yeas - 6 Nays- 0
47. Resolution- 98-712 - Changing one hour parking from 8:00 a.m. - 5:00 p.m. on weekdays except by
Permit parking zone on the west side of Fulham Street from the dead end to Hendon Avenue and on
the east side of Fulham Street from Hendon Avenue to Hoyt Avenue to no parking from 8:00 a.m. to
8:00 p.m. except by permit.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays- 0
48. Resolution- 98-713 - Ordering the owner to remove or repair the building at 766 Jackson Street
within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Aaron Rubenstein appeared and stated the owner of this property is a mortgage company in Florida
and they have indicated that they have a purchase agreement to sell the house. The mortgage
company and the realtor said they were not aware of this hearing and they also were not at the
Legislative Hearing a week ago. The property is a duplex and will be rental property. They hope to
close on the house August 17 or 18. The realtor estimated the new owners will invest $10,000 to
$12,000 in repairs to the property. This house was built in 1885 and was identified in the 1983
historic sites survey as a building of historic interest with much of its ornamentation intact. Mr.
Rubenstein disseminated copies of a proposal for a grant for this area. He requested this be laid over
for three months.
Council President Bostrom noted that since this property is in Councilmember Reiter's ward and
since he was not present for the discussion, it would be appropriate to lay over the issue for one
week for Mr. Reiter's input.
In response to a question of Councilmember Harris, Aaron Rubenstein said he was present as an
individual citizen in the interest of heritage preservation even though this is not a designated
historical site.
Gerry Strathman, Legislative Hearing Officer, showed the Council pictures of the property taken by
Public Health. The building has been vacant since February 7, 1998 and is owned by Industry
Mortgage. There have been two summary abatements at the property: one for tall weeds and one for
August 5, 1998 City Council Summary Minutes Page 11
securing the property. An inspection was done in April 1998. The list of deficiencies determined
that it was in a nuisance condition. The vacant building fees and real estate taxes are paid. Taxation
has put a market value on the property of$24,800. There has not been a code compliance done nor
has a bond been posted. Code Enforcement has estimated the repair cost would be $35,000. Mr.
Strathman stated he cannot account for the discrepancy between this amount and the one Aaron
Rubenstein has. The buyer may not realize this is a registered vacant building and it would have to
be brought up to code before it can be occupied. He indicated that there was no testimony at the
Legislative Hearing.
Councilmember Coleman moved a one week layover and to continue the public hearing.
Laid over to August 12 and public hearing continued Yeas- 6 Nays - 0
49. Resolution- 98-714 - Ordering the owner to remove or repair the building at 875 Watson Avenue
within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the September 15 Legislative Hearing)
Gerry Strathman, Legislative Hearing Officer, stated that Jim Nelson and Laura Canada appeared at
the Legislative Hearing and indicated they had submitted a bid to Housing and Urban Development
(HUD)to purchase the property. They said that the vacant building fees and real estate taxes are
paid. The house has an estimated market value of$40,200. The estimated cost to repair it is
$45,000. Mr. Nelson and Ms. Canada plan to rehabilitate the building, inside and out, and remove
the garage. Bonds cannot be posted until the interested parties own the building. Mr. Strathman
said he laid it over in the Legislative Hearing to allow opportunity for the parties to conclude the
purchase.
Councilmember Coleman stated this is a trouble spot in the neighborhood and asked how the
Council should keep tabs on the property. Mr. Strathman responded that Jim Nelson and Laura
Canada are expected to come back to the hearing on September 15 to prove ownership. The date
could be moved to September 1, but it is unknown how long it will take them to purchase the
property.
Councilmember Coleman moved to lay over to August 26.
Laid over to August 26 Yeas- 6 Nays- 0
50. Appeal of Laurel March to a summary abatement order for property located at 230/240 North Dale
Street. (Legislative Hearing Officer recommends denial)
No one appeared in opposition.
Councilmember Blakey moved denial.
Appeal Denied Yeas - 6 Nays - 0
51. Appeal of Peggy Ann Sandar and Mack Williams to a summary abatement(vehicle) order for
property located at 224 Cottage Avenue West. (Legislative Hearing Officer recommends denial)
No one appeared in opposition; Councilmember Harris moved denial.
Appeal Denied Yeas - 6 Nays - 0
August 5, 1998 City Council Summary Minutes Page 12
52. Resolution - 98-715 - Considering the vacation of a 10 foot strip of old West Seventh Street lying
under the RiverCentre Arena.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays- 0
53. Resolution - 98-716 - Considering the vacation of certain right-of-way easements in Swede Hollow
Park.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays- 0
54. Public Hearing to consider the appeal of Laura and Joseph Benysek, to a decision of the Board of
Zoning Appeals denying a setback variance and a minimum lot size variance in order to split a lot
and construct a new single family home at 858 South Point Douglas Road.
John Hardwick, Zoning Administrator's Office, appeared and stated the Benyseks applied to the
Board of Zoning Appeals for a mid lot size variance and two setback variances in order to split off a
piece of land from 858 South Point Douglas Road to build a new single family home. There was no
opposition present at the hearing. On July 21, District 1 met with the appellants and decided to take
no position. The Board of Zoning Appeals denied the request on a 4-3 vote based on the fact they
felt the variances did not meet the guidelines established in the Highwood Small Area Plan.
Councilmember Coleman asked if the board specified the inconsistencies with the plan. The
Highwood Small Area Plan stated the minimum lot size should be 9,600 square feet. This lot split
would be for a lot 6,732 square feet.
Council President Bostrom asked if the financing was public or private. John Hardwick responded
that it is private financing.
Laura Benysek appeared and stated the reason the appeal was denied was because of the overall
minimal lot size requirements. The Benyseks will not be removing any trees. The reason for
increasing the lot size is because there are other homes in the area that are built on the same size lots.
When the lot sizes were increased for north Highwood and south Highwood, the residents were not
notified. The Benyseks have 149 signatures of people within one mile of the residence who support
their plan. Many neighbors wrote to Councilmember Lantry that they were supportive of the home.
Councilmember Lantry moved to closed the public hearing. Yeas - 6 Nays - 0
August 5, 1998 City Council Summary Minutes Page 13
Councilmember Lantry moved to grant the appeal, and stated she has received letters in support and
one message in opposition. The people who are most affected by it are in support; therefore, it is
difficult to vote against it. The trees in the area will be preserved, and the lot will not be altered, she
said
Motion of Intent- Appeal Granted Yeas - 6 Nays - 0
Councilmember Harris moved to adjourn the meeting.
ADJOURNED AT 6:10 P.M.
/0/041(11X-'
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anson - . \C. \\q2$
Assistant Council Secretary
m/mce