Approved Minutes 7-22-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 22, 1998 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:45 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1-18)
Councilmember Harris requested that Item 13 be laid over two weeks.
Council President Bostrom moved approval of the Consent Agendas as amended.
Yeas - 7 Nays - O.
FOR ACTION
The following communications were read into the record by Nancy Anderson, Assistant Secretary
to the City Council:
Letter from Fire and Safety Services/Property Code Enforcement declaring 1204 Edgerton
Street as a "nuisance property" and setting date of Legislative Hearing for August 4. 1998
and City Council Hearing for August 12, 1998.
J.etter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on August 5. 1998. 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.
1. Letter from the Real Estate Office announcing a public hearing before the City Council on
August 5, 1998 to consider the vacation of a 10 foot strip of old West Seventh Street lying
under the River Centre Arena.
2. Letter from the Real Estate Division announcing a public hearing before the City Council
on August 5, 1998 to consider the vacation of certain right-of-way easements in Swede
Hollow Park
July 22, 1998 City Council Summary Minutes Page 2
3. Letter from the Department of Fire and Safety Services/Property Code Enforcement
declaring 667 Charles Avenue and 312 Erie Street as "nuisance properties." (For
notification purposes only; public hearings will be scheduled at a later date if necessary.)
4. Resolution - 98-648 - Approving the decision of the Legislative Hearing Officer on
Property Code Enforcement Appeals for property located at 2196 Mailand Road.
Adopted Yeas - 7 Nays - 0
5. Resolution - 98-649 - Approving the decision of the Legislative Hearing Officer on
Property Code Enforcement Appeals for property located at 1564 Upper Afton Road, 392
University Avenue, 1781 Sims Street, 549 Dayton Avenue, 1148 Seventh Street West, and
2196 Mailand Road.
Adopted Yeas - 7 Nays - 0
6. Resolution - 98-650 - Finalizing City Council action taken July 8, 1998 concerning licenses
held by Michael Bartelmy, dba Mike's Towing, 847 Hudson Road.
Adopted Yeas - 7 Nays - 0
7. Resolution - 98-651 - Finalizing City Council action taken June 24, 1998 granting the
appeal of Anoka Metro Regional Treatment Center to a decision of the Planning
Commission denying a special condition use permit to allow a licensed human services
community residential facility at 690 Como Avenue.
Adopted Yeas - 7 Nays - 0
8. Resolution - 98-652 - Suspending license of National Pawnbrokers, Inc., 136 East 10th
Street, for delinquent taxes owed to the State of Minnesota.
Adopted Yeas - 7 Nays - 0
9. Resolution - 98-653 - Establishing a spending plan in the Police Department that will be
reflective of the remaining grant balance from the U.S. Department of Justice, COPS
Office, for the continuation of developing a high speed computer network to link all police
facilities and offices.
Adopted Yeas - 7 Nays - 0
10. Resolution - 98-654 - Establishing a spending plan in the Police Department that will be
reflective of the remaining grant balance from the U.S. Department of Justice, COPS
Office, for the Records Management Automation System.
Adopted Yeas - 7 Nays - 0
11. Resolution - 98-655 - Authorizing the Housing Information Office to submit a HUD
supportive housing service grant.
Adopted Yeas - 7 Nays - 0
July 22, 1998 City Council Summary Minutes Page 3
12. Resolution - 98-656 - Authorizing the proper City officials to amend Lease Agreement
CS/16 to add Outlot A, Energy Park to the leased premises to provide improved access to
and ample parking space for, the Ramsey County Oscar Johnson Artificial Ice Arena.
Adopted Yeas - 7 Nays - 0
13. Resolution - 98-657 - Giving final approval of 1999 Residential Street Vitality Project
Areas and tentative approval of 2000-2003 Project Areas.
Laid over to August 5 Yeas - 7 Nays - 0
14. Resolution - 98-658 - Authorizing the process to begin of removing homes and
constructing a dry basin holding pond in the Hoyt/Montana neighborhood.
Adopted Yeas - 7 Nays - 0
15. Preliminary Order - 98-659 - In the matter of sidewalk reconstruction on the west side of
Chester Street from East Plato Boulevard to East Lafayette Road and the south side of East
Plato Boulevard from Chester Street to East Lafayette Road, and setting date of public
hearing for August 12, 1998. (File #S98109)
Adopted Yeas - 7 Nays - 0
16. Preliminary Order - 98-660 - In the matter of condemning and taking of property rights as
required for the Jimmy Lee Recreation Center Acquisition and Redevelopment Project, and
setting date of public hearing for August 12, 1998. (File #18880)
Adopted Yeas - 7 Nays - 0
17. Resolution Approving Assessment - 98-661 - In the matter of the assessment of benefits,
cost and expenses for the level of operation and maintenance for the Town Square "Public
Spaces" located within Cedar, Seventh, Minnesota and Sixth Streets for the period of July
1, 1998 to June 30, 1999, and setting date of public hearing for September 9, 1998. (File
#18113-98)
Adopted Yeas - 7 Nays - 0
18. Resolution Approving Assessment - 98-662 - In the matter of improving White Bear
Avenue from Conway Street to Fremont Avenue, and setting date of public hearing for
August 12, 1998. (File #18772)
Adopted Yeas - 7 Nays - 0
July 22, 1998 City Council Summary Minutes Page 4
FOR DISCUSSION
19. Consideration of the application of William Dunnigan to rezone property from RT-2
(Townhouse Residential District) to B-3 (General Business District) for expansion of an
existing auto repair and service station at 365-367 Smith Avenue North. (Public hearing
held May 27; laid over from June 10)
Discussion and action were considered together with Item 20.
20. Consideration of the application of Jerome LaCroix to rezone property from RT-2
(Townhouse Residential District) to B-3 (General Business District) for expansion of an
existing auto repair and service station at 371 Smith Avenue North. (Public hearing held
May 27; laid over from June 10)
Discussion and action were considered together with Item 19.
Councilmember Coleman spoke in consideration of both items 19 and 20. Coleman
expressed concern that the applications in question were reflective of development that
was not consistent with the planning strategy for the neighborhood (or the plan
for District 9.)
Coleman indicated that there had been a public hearing on the matter June 10, 1998. At
that time Grand & Smith Mobil station detailed their plans "to tear down a couple of
houses" and add a garage for their towing service. It was Coleman's feeling that there was
a great deal of neighborhood opposition and he was disturbed by the proposition that a B-3
zone would be "dropped" in the middle of a RT-2 zone. He felt that the applications in
question were not consistent with the stated objective of maintaining a buffer zone between
residential and commercial zoning. At the end of the day, this action represented an
inappropriate encroachment, by a commercial property, into a residential area.
Coleman shared that in speaking with Smith Mobil, they had indicated that should the City
deny their applications they intended to remain in the neighborhood and currently had a
purchase agreement on some other property.
Coleman moved to deny both applications (Items 19 and 20)
Motion of Intent - Application Denied Yeas - 7 Yeas - 0
21. Resolution - 98-632 - Authorizing application for the Liveable Communities Demonstration
Program. (Laid over from July 15)
Councilmember Blakey expressed concern over the decision-making process. Specifically
he sited the Capital Heights Lot V Project that had initially received a "high rating and now
it isn't even on the radar..." Blakey questioned "...how some projects, that are getting
support, are not as far along as others... how we go about making this selection."
July 22, 1998 City Council Summary Minutes Page 5
Councilmember Harris echoed Councilmember Blakey's concern. Harris asked for
clarification from Lucy Thompson, Department of Planning and Economic Development
(PED), concerning those projects considered and the final selection made. He was
interested in clarification on the rating criteria used and was confused why the City
Council had not been involved in the ongoing process of evaluation.
Lucy Thompson explained that the process for the Liveable Communities Demonstration
Program was a two-phase process. The first phase involved the submission of project
summaries to the Metropolitan Council staff for comment. Based on information/feedback
received from the Met Council and the Design Center for American Urban Landscape
staff, PED made a selection of projects for "full submission" (historically one or two.)
Thompson indicated that she was not part of the leadership team involved in the final
decision and felt those issues were best addressed by Pam Wheelock. She did review the
evaluation criteria used by the PED staff in making their final recommendation to the
leadership team. Modeled after the criteria used by the Metropolitan Council, PED
evaluated:
• How well the project met "innovation criteria for the metro area";
• How well the project addressed "compact and connected" development;
• How well the project addressed "mixed-use" issues;
• How well the project solved pedestrian design issues/regulatory barriers;
• How "reputable" was the project;
• "Confirmation criteria" with regional blueprint;
• The "level of partnership" the project enjoyed; and,
• Project "readiness" to move forward.
Four out of the five selected for project summaries were: Capital Heights; Middle
Payne/Arcade ("Main Street on Payne Avenue"); Northeast Quadrant ("Lowertown"); and,
University/Dale/Sherburne. The two projects selected for "full submission" were "Main
Street on Payne Avenue" and "Lowertown."
Thompson clarified that "Lowertown" included the Northeast Quadrant and represented
a joint application with the Humphrey Institute to continue the "Cyber-Village"/"E-Village"
work initiated in Lowertown.
Councilmember Harris asked for confirmation of the deadline and was told by Ms.
Thompson it was 5:00 p.m. on this date. Harris expressed frustration that the City
Council was so "uninvolved" with the "review" and "rating" process and expressed a
reluctance to vote in favor of the resolution. He felt, "if nothing else," the City Council
should be given the time to "understand the logic behind the decision-making process."
July 22, 1998 City Council Summary Minutes Page 6
Councilmember Coleman responded that it would be a "mistake to delay the process"
because of"internal concerns" over the decision-making process. He encouraged Council-
member Harris to reconsider his position and moved for an approval on the resolution.
Council President Bostrom asked Ms. Thompson for clarification on the "funds available"
and whether it was an annual appropriation. Lucy Thompson indicated it was an annual
appropriation with approximately $4.1 million available in the metro area. Thompson
indicated that the Lowertown proposal was for "planning/funding" and the maximum
amount for that grant was $150,000. She was uncertain as to the size of the grant that
would be requested on the Middle Payne-Arcade proposal.
Councilmember Blakey reiterated his concern over the process and took issue with Ms
Thompson's use of the language "further along." He chose not to get involved in a
discussion of which project had greater worth — he believed all the projects were "worthy."
Blakey did note that the Capital Heights project had an extensive history reflecting public
meetings. He also noted that both the District Council and City Council had voted on the
matter.
Blakey questioned whether there had been any public meetings or discussions on the
"Lowertown" project. He asked if Weiming Lu and the Lowertown Board had signed off
on the project.
In closing, Councilmember Blakey said it was his understanding that according to the
Leadership Team one year ago, the Capital Heights Project had been ranked number one.
In closing, he acknowledged the tension that existed between the City Administration and
the State over Lot V and was concerned that the project was a casualty of that tension.
Lucy Thompson responded that it was PED's understanding that the Capital Height's
community plan was "in process." She confirmed that there had not been public meetings
on the Lowertown project but noted that Weiming Lu was a co-summiteer for the
Lowertown/Northeast Quadrant.
Councilmember Benanav indicated support for the resolution but requested that next
year the selection process be more "open." Councilmember Harris moved to amend the
resolution to include the Capital Heights Project as one of the two recommended projects.
Councilmember Coleman objected. Council President Bostrom clarified that the resolution
was "appropriately" before the Council.
Ms. Thompson reported that the Met Council would be unwilling to give PED an extension
to submit a full application on Capital Heights (which could take up to two weeks.) In
summation, Thompson reiterated PED's position on the Capital Heights project. She noted
that, according to their information, it was "too late to submit a proposal for planning
July 22, 1998 City Council Summary Minutes Page 7
funding, because the community plan was already under way, and too early to submit a
proposal for project funding, because the community plan was not yet complete."
Thompson reassured the Council that it would be PED staff's recommendation to submit
Capital Heights, next year, for full project funding. This would involve funds for
acquisition and development.
Amendment Failed Yeas - 3 Nays - 4 (Bostrom, Coleman, Lantry, Reiter)
Resolution Adopted Yeas - 5 Nays - 2 (Blakey, Harris)
22. 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 15)
Councilmember Coleman moved to lay over the resolution to August 5.
Laid over to August 5 Yeas - 7 Nays - 0
23. Presentation by Lynn Wolfe and Bob Piram, Division of Parks and Recreation, on the
Como Park Zoo and Conservatory Results.
(Coleman left and returned during the following presentation.)
Bob Piram, Division of Parks and Recreation, briefly updated the Council on the stump
removal program currently under way in the City of St. Paul. Eight hundred (800) stumps
have been identified for removal. Once stumps are removed, the holes are filled with
black dirt and the property owners are provided with a bag of grass seed along with
instructions.
Lynn Wolfe, Manager of the Como Park Zoo and Conservatory Campus, shared with the
Council the results of a telephone survey conducted by Frank N. Magid Associates in
February and March of 1997. Survey participants were 556 adults living in Anoka,
Dakota, Ramsey, Hennepin and Washington Counties. The sampling was closely
monitored to make sure that the demographic breakout of the audience sampled remained
consistent with the population within those counties (age, gender, race, etc.)
The purpose of the survey was to gather information on the current uses of Como Park;
discover perceptions and opinions about Como Zoo and Conservatory; and, measure
interest in proposed projects such as the Como Park Resource Center.
Prior to identifying the name "Como Park," participants were asked to rank on a scale of 1-
10 how important specific factors were in determining how they spent their free time.
Having well-kept facilities, such as restrooms (9.10); Physical attractiveness of the park or
attraction (8.10); and, walking paths and bicycle trails (7.92) were the top three responses.
Nine percent of the factors received a high rating (above a mean of 5.00) making them
July 22, 1998 City Council Summary Minutes Page 8
statistically significant in the evaluation of the results. The lowest factor rated was
amusement park rides (3.90) which may have been affected by the mid-winter timing of
the survey.
Ninety-three percent (93%) (401) of the 556 participants qualified for the second part of
the survey by indicating that they had visited Como Park in the last 2-3 years. Within this
group key demographic segments were identified: Persons living in Ramsey County
(96%); Adults between the ages of 45 - 54 (98%); and, Respondents with children under
the age of ten (96%).
Survey question #1 asked "...which part of Como Park did you use on your last visit?"
Among respondents, 98% indicated the Zoo; 90% the Conservatory. Participants were
then asked to give their evaluation of the Park. 48%, of those polled, rated Como Park as
an "Excellent" place to visit, while 48% characterized the Park as a "Good" place to visit.
Not a single person gave the Park a "Poor" rating. According to Frank N. Magid
Associates, these numbers were extremely high.
In complement, participants that had rated the Park as a "Good" place to visit were asked
"...what would make you change your rating of the Park from "Good" to "Excellent."
Their suggestions included the following: Providing a good atmosphere for families;
Keeping grounds physically attractive; Keeping visitor facilities in good working condition;
and, Providing educational signs. Lynn Wolfe confirmed that as the Park sets its priorities
for the future, these concerns will continue to be addressed.
Survey results indicated that parking was not viewed as a critical problem. At the same
time, amusement park rides made no difference in peoples' enjoyment of the park. Ms.
Wolfe cautioned that the timing of the survey may have "dulled the memory" of parking
problems like those experienced on Mothers Day when parking lots had to be closed down
to get people in and out of the park. At the same time, she noted that amusement park
rides were of greater concern to families and grandparents with young grandchildren.
Several questions were asked specifically about the Zoo; the Conservatory; and the
Resource Center. These questions were developed based on a focus group held prior to the
telephone survey.
392 respondents, who had visited the Zoo, were asked to compare Como Zoo with the
Minnesota Zoo and indicate which they preferred and why. 57% said they preferred
Como Zoo. The top two reasons for their selection were: It was "closer to home" (59%);
and, "Free" (44%). 359 participants, who had visited the Conservatory, were then asked to
make the same comparison between the Conservatory and "Similar Garden Exhibits." 48%
of respondents, who preferred the Conservatory, did so because of the "Variety of
Exhibits" (45%) and because the Conservatory facility was "Well Maintained" (44%). In
July 22, 1998 City Council Summary Minutes Page 9
turn, 90% of the total 401 qualified respondents felt the Resource Center was "Appealing"
while 82% felt it was "Necessary."
Qualified respondents (401) were then asked to imagine that they had $100 to donate to
Como Park. Then they were asked how they would divide that $100 among four
improvements: Zoo; Conservatory; Resource Center; or, Additional Parking. By far the
Zoo received the largest share of the donations - an average of$42. Respondents willing
to donate more than $42, to the Zoo, included adults 35-44 years old, people with children
and men. Respondents willing to donate, over $22 to the Conservatory, included adults 55
years of age and older who had no children. Respondents willing to support the Resource
Center, at a level greater than $20, were women, adults 18-24 years of age and
Ramsey County residents.
Councilmember Harris questioned the timing of the survey. Lynn Wolfe responded that
because the survey was a telephone survey it did not rely on the park site for execution.
She noted that their top priority was to have the results before the Park's peak season
which begins in May. She explained that the objective was to respond to the survey results
as quickly as possible.
Bob Piram confirmed that the survey was considered to be a statistically valid sampling of
the five-county metro area. Piram reported that the parking issue appeared to be less of a
concern for those adults that used the park. Survey findings were found to support
removing the "parking" issue as the top priority for the park. Funding for this survey
came from Stanley Hubbard and Hubbard Broadcasting.
Councilmember Harris referenced the "suggested donation"/admission for the
Conservatory. Harris focused on the ability to keep accessability to Como Park facilities
free of charge.
Bob Piram noted that current administration policy supports that park services, including
the Zoo and Conservatory, remain free and available to the public. He stated that a
"donation opportunity" of$1.50 will continue at the Conservatory.
Piram reported that Como Zoo had just received a $3.9 million grant from the State,
earmarked for the Resource Center. Receipt of funds was conditioned on the park's
compliance with the following three stipulations:
• The Zoo remains free to the public for the duration of the twenty-year
bonds.
• The Zoo remains under the ownership of the City of St. Paul.
• The Zoo remains under the management of the City of St. Paul.
July 22, 1998 City Council Summary Minutes Page 10
ORDINANCES
24. Final Adoption - 98-550 - An ordinance amending Chapter 409 of the Saint Paul
Legislative Code to permit the issuance of one temporary wine and one temporary liquor
license within the same thirty-day period. (Substitute introduced July 8)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
25. Final Adoption - 98-551 - An ordinance amending Saint Paul Legislative Code §410.10 to
eliminate the limitation on the number of temporary licenses which can be obtained within
a thirty-day period.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
26. Final Adoption - 98-552 - An ordinance finalizing City Council action approving a petition
of Richard E. Eitel to rezone property located at the southwest corner of Larpenteur
Avenue and the I-35E frontage road from R-2 to B-3.
No one appeared in opposition; Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
The meeting was recessed from 4:50 to 5:35 p.m.
Roll Call - Present - 6 Absent - 1 (Coleman - arrived shortly after roll call)
PUBLIC HEARINGS
27. Third Reading - 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.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to August 5 for final adoption.
28. Resolution - 98-555 - Approving application for an Auto Repair Garage License by Sarun
Auto Repair and Tire Sales, 601 Rice Street. (ID #19980000076) (Laid over from June
24)
Michael Samuelson, District 7 Planning Council, explored the issue placing conditions on
the license applied for by Ta Yang, owner of Sarun Auto Repair. Those conditions
included the mandatory installation of a privacy fence at the rear of the property which
would screen the autos from the surrounding Capital Corridor.
July 22, 1998 City Council Summary Minutes Page 11
The second item related to a triangle piece of property, south of Sarun Auto Repair and
owned by a billboard company. Currently, the property is being used by Sarun Auto for
overflow parking without the legal consent of the owner. It was Samuelson's request that
Ta Yang reach an agreement with the current owner of the property and the Capital
Architecture Planning Board.
Ta Vang explained that he had just purchased the property and had examined
installing a privacy fence at some point in the future. He was also willing to discuss the
parking issue with the owner of the property. Vang expressed, that as a new owner, he
was financially unable to immediately construct the fence. Council President Bostrom
recommended that Sarun Auto be given six months to install the privacy fence and
negotiate an arrangement with the owners of the triangle lot.
It was Michael Samuelson's understanding that the Capital Architecture Planning Board is
unwilling for either the billboard company or Sarun Auto to use the property as a parking
lot. It was his concern that a public hearing accompany any private-use agreement reached
between all parties involved.
Phil Byrne, Assistant City Attorney, advised that any resolution passed should include
the legal language "...to the extent permitted by, and in accordance with, the regulations of
the Capital Area Architectural and Planning Board..." An agreement in principal was
reached concerning a timetable for Ta Yang, Sarun Auto Repair, to accomplish the
aforementioned items. It was agreed that Vang had until July 1, 1999 to construct the
privacy fence and six months to negotiate a "use" agreement with the current owners of the
triangle lot and secure confirmation from the Capital Architecture Planning Council and to
include neighborhood/public hearings.
Michael Samuelson elaborated that the previous owners had a pending application with the
North End Revitalization Group (NERG) which had not been pursued because of the sale
of the property. Samuelson confirmed that NERG was very interested in helping Sarun
Auto Repair to not only build the privacy fence but also make improvements to the
property itself.
Councilmember Blakey moved to close the public hearing and adopt the resolution as
amended.
Adopted as amended Yeas - 7 Nays - 0
July 22, 1998 City Council Summary Minutes Page 12
29. Resolution - 98-663 - Approving application for a Second Hand Dealer-Motor Vehicle (1st)
License by Mary Costas Enterprises, dba University Auto Sales & Leasing, 1852
University Avenue West. (ID #19980000468)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
30. Resolution - 98-664 - Concerning adverse action against the Taxicab Driver's License held
by Randolph Cook, 514 North Prior Avenue, #11. (Uncontested)
Councilmember Blakey asked for confirmation that the facts involved did not mandate
further investigation into the business practices of the cab company. Staff confirmed that
the cab company had fired Randolph Cook as soon as they were aware of the details of his
employment/personnel history and felt that further investigation was unwarranted at this
time.
No one appeared in opposition. Councilmember Benanav moved to close the public
hearing and approval.
Adopted Yeas - 7 Nays - 0
31. Resolution - 98-665 - Concerning adverse action against all licenses held by Alee, Inc.,
dba Bourbon Bar, 691 Dale Street. (Uncontested)
Virginia Palmer, Office of Licence Inspection and Environmental Protection, reviewed the
circumstances surrounding the current resolution. She noted that the owner/manager of the
Bourbon Bar had not responded in writing to a notice of violation (5/1/97) alleging that
their Certificate of Occupancy had been revoked on May 1, 1997. Palmer requested that
the matter be sent for a hearing before an Administrative Law Judge if there were "factual
questions."
Michael Samuelson, District 7 Planning Council, expressed support for the action being
taken against the establishment. He reviewed ongoing issues pertaining to recurrent
violations related to blocked exits, trash in the parking lot and a deteriorating building.
Improvements made to the building appeared to be "superficial", he said
Councilmember Blakey asked for clarification on why the Bourbon Bar had not been
closed once the Certificate of Occupancy had been revoked. Ms. Palmer was unclear as to
the reasons for the delay. Blakey asked for further clarification from Palmer as it related
to the rationale behind the election of"license suspension" in lieu of"license revocation."
Phil Byrne, Assistant City Attorney, clarified the legal findings as it pertained to license
suspension/revocation and its effect on any future license at the same location. According
July 22, 1998 City Council Summary Minutes Page 13
to Byrne, if "they do revoke the license then ... the location could not have an additional
license."
Virginia Palmer concluded that there had been no recommendation for revocation because
such an action represented an "incredibly severe sanction" against any building and such
action would be denied "...unless there has been a long history of problems related to the
operation of the bar." Palmer felt that if neighbors believed that there were facts that could
support additional action, there should be a separate hearing on the matter.
No one appeared in opposition. Councilmember moved to enforce the Certificate of
Occupancy, suspend the liquor license of the Bourbon Bar and close the public hearing
Adopted Yeas - 7 Nays - 0
32. Resolution - 98-666 - Concerning adverse action against the cigarette license held by
Adam's Food, Inc., 361 Earl Street. (Uncontested)
Councilmember Lantry moved to withdraw the item as a payment plan had been arranged.
Withdrawn Yeas - 7 Nays - 0
33. Report of the Administrative Law Judge in the matter of the license application of 5005
Properties, Inc., dba Hillcrest Bingo, 1610 White Bear Avenue.
Virginia Palmer, Assistant City Attorney, reviewed the findings of the Administrative Law
Judge (ALJ) pertaining to "issues of parking" and whether Hillcrest Bingo's licence
application met with the existing City ordinance. Testimony was heard from City staff
members who made the parking recommendation, the applicant and three witnesses from
the neighborhood, who spoke on behalf of the District Council. Additional briefs were
also submitted on both the legal and factual issues.
The resulting "findings of fact", "conclusions of law" and "recommendations" supported
that there was a parking deficiency. Palmer reported that the determination had to be made
whether City staff was correct in determining whether there were sufficient spaces in the
lot to provide parking for the applicant.
The ALJ determined that the 52 space parking deficiency that the Bingo Hall had to meet
could be met under a shared-parking arrangement. According to Palmer, it was determined
that the fewest available spaces, during its hours of operation, would be 115 spaces which
exceeded the number required by the applicant.
Mark Vaught, attorney for the intervener, raised four exceptions to the findings and
recommendations. In response Virginia Palmer rebutted Vaugt's apparent implication that
the Bingo Hall was under obligation to meet parking code requirements, other than the 82-
parking space requirement, imposed as a result of its square footage. Palmer shared that
July 22, 1998 City Council Summary Minutes Page 14
the Bingo Hall was capable of meeting 30 of those spaces on its own and was looking at a
"shared-parking arrangement", permitted under the code, to satisfy the shortfall of 52
parking spots.
Vaught's second exception referenced "...the failure to use contested case rules..." which
"...deprived all parties of certain procedural tools which rendered the factual presentation
incomplete." Ms. Palmer responded that at no time did Mr. Vaught express an inability
to obtain witnesses for the hearing." Palmer elaborated that, as the attorney for the City,
she offered to make any City employee available as a witness, without subpoena, and there
was nothing in the record to support the allegation that the factual presentation was affected
by a failure to use the contested case rules.
Vaught's third exception claimed that the ALJ's refusal to hear testimony about the effect
of the "shared-parking" arrangement on the surrounding businesses impacted the outcome
of his decision. Palmer denied that this was the case citing testimony of a witnesses about
how businesses in the mall felt the new tenant would impact their parking. Palmer noted
that the letter in question was attempted to be introduced through a witness who had not
received the letter, was not copied on the letter, and was not involved in any way.
Therefore, she felt the evidence lacked any "evidentiary basis for admission" and was
"complete hearsay." Palmer noted that no owners, managers or tenants attempted to
introduce any of that testimony.
Vaught's fourth exception claimed that "...it is error for the judge to proceed with factual
inadequacies in the record." Virginia Palmer asserted that the Administrative Law Judge,
any judge, or fact fmder, "proceeds with the record as it is..." In this case, the ALJ
determined that the factual issue was whether or not Seymours Drug's parking
requirements had been calculated into the "available parking" for Hillcrest. What the ALJ
did was to assume that it had not been calculated into the determination of available
parking. Therefore, the parking requirements of Seymours Drug were first subtracted from
the total number of parking spaces available before the shared parking analysis was done.
Palmer confirmed that the "shared parking analysis" took into account "all available
parking", subtracted out "parking needed for other businesses open during that same period
of time" which left a gross figure of"available parking spots." From that number,
Seymour Drug's parking requirement was subtracted out which resulted in a net figure of
"available parking spots". The results of this analysis showed that at all times there were at
least 52 parking spots available for use by the Bingo Hall.
In conclusion, Virginia Palmer noted that the code specifies parking requirements based on
square footage and property usage. In other words, the parking requirement (parking per
square foot) of 82 spaces is higher for a high demand business, such as a Bingo Hall, than
in other uses of the property (retail or office). Palmer insisted that it was unreasonable to
July 22, 1998 City Council Summary Minutes Page 15
build into the license application process any additional parking requirement. She
concluded that the applicant had met all the legal requirements for the application and the
license should be issued.
Bob Levine, 1300 Mt. Curve Avenue, Minneapolis, owner of Hillcrest Shopping Center
spoke in favor of the ALI recommendation.
Charles Senkler, owner of Hillcrest Entertainment Center, and Mark Vaught, attorney for
the intervener, (6 West Fifth Street, Suite 700, St. Paul) spoke in opposition to the
resolution.
Mark Vaught's position was that "...a shared parking arrangement under the existing laws
of the City of St. Paul is not appropriate at this particular location..." It was his position
that City Staff and the ALJ had erred in their fmdings.
Vaught reviewed the two portions of the City Code which "allow and authorize" shared
parking. He noted that Chapter 62.103f7 didn't apply. Chapter 62.103f4 contains two
conditions "precedent" to even allowing shared parking: There must be a parking
deficiency; and, there must be "no overlap in the peak operating hours of the businesses
affected by the parking deficiency." Vaught confirmed that evidence was introduced in the
hearing (District Council's Exhibit C) showing that "of the 19 other businesses...located in
the shopping center..., other than the proposed Bingo Hall, 18 had hours that overlapped
the hours of operation of the Bingo Hall on weekdays and 19 on weekends..."
It was Mark Vaught's position that these two conditions would have to be met before any
shared parking arrangement could be considered. He argued that because the second
condition could not be met, the shared parking provision (available under the Code) could
not be used to meet the parking requirement for the purpose of license application.
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Coleman moved for denial of the permit, referencing "provision 2, subdivision 4" of the
Code. Councilmember Lantry supported Coleman's motion. Councilmembers Harris and
Blakey took exception with the motion based on a "parking deficiency."
Motion of Intent - License Application denied
Yeas - 4 Nays - 3 (Benanav, Blakey, Harris)
July 22, 1998 City Council Summary Minutes Page 16
34. Resolution - 98-566 - Ordering the owner to remove or repair the building at 674 Wells
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval) (Laid over from June 24)
Guy Willits, Property Code Enforcement, reported that Chuck Votel had inspected the
property and "had not been impressed with the work that had been completed." According
to Ramsey County records, the building is currently owned by Perry Schneller and Ronald
Joseph Adams and has been vacant since October 1997. One Summary Abatement Notice
has been issued.
Mr. Willits indicated that vacant building registration fees and real estate taxes ($3,327.77)
were due and owing on the property. A citation had been issued charging Ronald Joseph
Adams with "failure to pay the annual $200 vacant building fees." As of June 16, 1998 a
Code Compliance Inspection had not been applied for and the $2,000 bond had not been
posted with the Building Inspection Department. The Department of Fire Safety Services,
Code Enforcement had ordered the property owners to repair or remove the structure
within 15 days or the building would be demolished and the property would be accessed
the cost.
John Schoonover, Minnetonka, MN, attorney for Perry L. Schneller, spoke in opposition
to the resolution. According to Schoonover, Perry L. Scimeller is the contract purchaser
of the property from the true fee owner, Gertrude M. Devalier, and the contract seller to
Ronald Joseph Adams.
Schoonover reported that the property was secure and properly closed. He indicated that
the building was not occupied but under the "direct and immediate supervision" of Ronald
Adams who lived next door. Schoonover related that work was currently in progress on
both the exterior and interior of the property, including the grounds.
Schoonover argued that it was in the best interest of the City that the structure be repaired
and not removed. He identified the incredible challenge presented by the "15-day"
timetable imposed by the resolution. Schoonover noted that the property's location, in
relation to neighborhood redevelopment projects ( Johnson High School, Community
Center, Opportunity Plus etc.), had impacted Adams' decision as to how to proceed with
the renovation project -- i.e. "how much" and "how fast".
Council President Bostrom reviewed the facts noting: delinquent taxes since 1995; vacant
building fees due and owing on the property; and, construction permits and a bond that
have not been issued. Schoonover agreed to work with Adams and the City to meet
any outstanding liability real or implied. It was Schoonover's understanding that there had
been a default under the contract and a failure on the part of Ronald Adams to "comply
July 22, 1998 City Council Summary Minutes Page 17
with his responsibilities." At the same time Mr. Schoonover believed it was a situation
that could be satisfactorily resolved.
Council President Bostrom recommended that Ronald Adams be give five (5) weeks to
make "substantial progress" on the renovation of the property. Councilmember Lantry
moved to lay over the resolution until August 26, 1998.
Laid over to August 26 Yeas - 7 Nays - 0
35. Resolution Ratifying Assessment - 98-667 - In the matter of boardings-up of vacant
property for January and February 1998; demolition of vacant buildings for January,
February and March, 1998; and towing of abandoned vehicles for November and
December 1997 and January 1998. (File ##J9802B, J9802C, J9802V)
(Legislative Hearing Officer recommends approval with the following exceptions:
1004 Jessamine Avenue East - Recommends reducing the storage fee from $550.00 to
$275.00 and leave the service and tow fees the same for a total assessment of$360.55;
96 Robie Street - Recommends approval of the assessment;
1076 Wakefield Avenue - Recommends approval of the assessment;
943 Wilson Avenue - Recommends approval of the assessment)
Matt Stone (943 Wilson Avenue) appeared in opposition to the resolution.
Coucilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0.
Councilmember Harris moved approval as amended (per the recommendation by the
Legislative Hearing Officer.)
Adopted as amended Yeas - 7 Nays - 0
36. Resolution - 98-668 - Approving the 1998 Minneapolis/St. Paul Single Family Housing
Program and 1998 Home Ownership Program.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
37. Resolution - 98-669 - Authorizing changes to St. Thomas College (Area 5) Permit Parking
Area.
Councilmember Benanav made minor amendments, involving the insertion of text, to
clarify what was implicitly inferred in the resolution.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing
and approval.
Adopted as amended Yeas - 7 Nays - 0
July 22, 1998 City Council Summary Minutes Page 18
38. Resolution - 98-670 - To consider the vacation of Cullen Lane and alley located in Cullen
Place to allow Independent School District #625 to construct a parking lot at their
administration building.
No one appeared in opposition; Councilmember Coleman moved to close the public
hearing and approval.
Adopted Yeas - 7 Nays - 0
39. 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.
Peter White, Real Estate Division, reported that two out of the three property
owners had petitioned that the proposed section of Forbes Avenue be vacated. The utilities
and City departments were contacted and no objection registered but conditions were noted
regarding easements to be retained, etc. The major force behind the vacation was reported
to be the Salvation Army. Their intention was to use most of the property for parking and
create a "park-like" development adjacent to their property.
Clodet Pratt, 203 Forbes Avenue, spoke in opposition to the resolution. According to Ms.
Pratt the closure of Forbes Ave. would deny her access to her property. She noted that the
building had only on-street residential parking which amounted to approximately 10
parking spaces.
Pratt cited Minnesota Statute 412.851 (Vacation of Streets): "No such vacation shall be
made unless it appears it is in the interest of the public to do so." She inferred
that the objective of the vacation was for private use only and, therefore, was not in the
"public interest." Pratt referenced a 23-year history of"paying taxes and assessments" on
the property and noted that the Salvation Army was a non tax paying organization. She
concluded that to vacate the proposed section of Forbes Ave. would "significantly" reduce
the value of the property.
Patrick Carlone, mortgage holder of 203 Forbes, reported that 5,000 square feet is
currently being remodeled into offices with 3 two-bedroom apartments on the second floor.
It was his feeling that by vacating the street there would be insufficient parking for the
property on Forbes Avenue as well as the parking required by tenants currently under lease
at 378 North Smith.
Carlone noted that Ms Pratt and he would be agreeable to the Salvation Army's plans as
long as they were warranted 10 parking spaces (in lieu of the prescribed 3 parking spaces.)
This number represents the number of parking spaces currently available to residents of
these properties.
July 22, 1998 City Council Summary Minutes Page 19
Councilmembers Reiter, Lantry, Harris and Bostrom noted that there were a number of
unresolved issues.
Councilmember Harris made a motion to close the public hearing. Yeas - 7 Nays - 0.
Councilmember Coleman expressed his support for the Salvation Army's efforts in
vacating the street. He did, however, ask for more information on the effect the proposed
parking arrangement would have. Coleman was concerned about the success of the
resolution if the current plan were to remove required parking from the Pratt/Carlone
property.
Councilmembers Harris, Reiter and Lantry encouraged the Salvation Army to work with
Ms. Pratt and Mr. Carlone in resolving their concerns.
Councihnember Coleman moved to lay the resolution over for two weeks.
Laid over to August 5 Yeas - 7 Nays - 0
40. Final Order - 98-473 - In the matter of improving the alley in Block 3, Lake Park Addition
(bounded by Arona, Almond, Snelling and Canfield) by grading and paving with
bituminous material. (File #18873) (Laid over from June 10)
Councilmember Benanav moved to lay over five weeks.
Laid over to August 26 Yeas - 7 Nays - 0
41. Final Order - 98-672 - In the matter of direct purchase of property rights to certain
properties located along Hoyt and Montana Avenues between Kennard and Flandrau
Streets. (File #18877)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
42. Final Order - 98-673 - In the matter of constructing sanitary sewer, water main and service
connections in Marillac Lane from McKnight Road to approximately 700 feet west of
McKnight Road. (File #18875, 18875W)
Councilmember Lantry requested that the "water main" reference be removed from the
resolution. Councilmember Harris noted that the "water main" issue had to be brought
before the Water Board.
Sharon Middendorf(2200 Marillac Lane) addressed the use, and subsequent loss, of that
portion of her property used to lay the sewer line. Phil Byrne, Assistant City Attorney
July 22, 1998 City Council Summary Minutes Page 20
recommended that Public Works contact Ms. Middendorf to discuss her concerns and the
possible next steps.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing
and approval.
Adopted as amended Yeas - 7 Nays - 0
43. Final Order - 98-674 - In the matter of condemning and taking a perpetual easement for
sewer purposes in connection with the Railroad Island Area Improvement Project, near
Kenny Road and Desoto Street. (File #18856E)
No one appeared in opposition; Councilmember Coleman moved to close the public
hearing and approval.
Adopted Yeas - 7 Nays - 0
44. Final Order - 98-675 - In the matter of condemning and taking permanent easements for
the reconstruction of Shepard Road from Western Avenue to approximately 70 feet east of
vacated Market Street. (File #18878E)
No one appeared in opposition; Councilmember Coleman moved to close the public
hearing and approval.
Adopted Yeas - 7 Nays - 0
45. Resolution Ratifying and Confirming Condemnation and Awards of Damages and
Assessment - 98-676 - In the mater of condemning and taking of easements for the Phalen
Village Public Improvements Project. (File #18871)
No one appeared in opposition; Councilmember Coleman moved to close the public
hearing and approval.
Adopted Yeas - 7 Nays - 0
46. Appeal of Jeffrey Lavik to a summary abatement order for property located at 2027
Arlington Avenue East. (File closed; no action required)
Jeffrey Lavik, 2027 E. Arlington Ave., addressed the City Council concerning the
"abatement process." Lavik shared the details surrounding his case and suggested that the
"abatement process" be reviewed with greater sensitivity to the personal difficulties
experienced in dealing with "storm-related" damage.
No action required
July 22, 1998 City Council Summary Minutes Page 21
47. Appeal of Jeanette G. Kamman to a summary abatement order for property located at 53
Dale Street North. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing
and deny the appeal.
Appeal denied Yeas - 7 Nays - 0
48. Appeal of Susan Mercurio to a summary abatement order for property located at 1005
Jessie Street. (File closed; no action required)
No action required.
(Coleman left and returned during the following discussion)
49. Appeal of Mohammed Shahidullah to a summary abatement order for property located at
328 Lexington Parkway North. (Legislative Hearing Officer recommends denying the
appeal; however, the owner will work with Property Code Enforcement to determine an
inexpensive solution.)
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0.
Councilmember Blakey moved to approve the hearing officer's recommendation to deny
the appeal. At the same time, Mohammed Shahidullah would be allowed to work with
Property Code Enforcement to arrive at an "inexpensive solution" to the "barrier" problem
within 30 days. It was noted that the barrier be "appropriate" to the neighborhood.
Appeal denied; however, the owner will work with Property Code Enforcement to
determine an inexpensive solution related to the required barrier within 30 days
Yeas - 7 Nays - 0
50. Appeal of Randi Madisen to a summary abatement order for property located at 1868
Pinehurst Avenue. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
Yeas - 7 Nays - 0
Councilmember Harris moved to grant the appeal and refund the $25 registration fee.
Harris focused on the abatement process which remains insensitive to the special needs of
home owners affected by storm damage or other catastrophic events. He noted that four
days after the storm the couple had signed a contract to replace the garage.
July 22, 1998 City Council Summary Minutes Page 22
Councilmembers Reiter, Coleman and Benanav voiced their support for the motion.
Appeal granted and $25 appeal filing fee refunded Yeas - 7 Nays - 0
51. Resolution Ratifying Assessment - 98-677 - In the matter of removal of diseased trees.
(File #9801T) (Legislative Hearing Officer recommends approval)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
52. Public hearing to consider the application of Children's Health Care to rezone property
from B-3 (General Business) to B-5 (Central Business-Service) to allow the entire hospital
campus to be in the same zoning district at 233 Grand Avenue (north side between I-35E
and Smith Avenue).
No one appeared in opposition; Councilmember Coleman moved to close the public
hearing and approve the application.
Motion of Intent - Application granted Yeas - 7 Nays - 0
53. Public hearing to consider the application of Chesapeake, Inc. for a preliminary and final
plat to allow the property at 7XX Stewart Street (between Bay and Sumac Streets) to be
subdivided into seven lots with six family town homes.
No one appeared in opposition; Councilmember Coleman moved to close the public
hearing and approval.
Motion of Intent - Application granted Yeas - 7 Nays - 0
Suspension Items
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 98-677 - Appointing Councilmember Jim Reiter to the Family Housing Fund.
Adopted Yeas - 7 Nays - 0
Councilmember Harris moved for suspension of the rules and approval of the following
resolution: Preliminary Order - 98-678 - In the matter of sidewalk reconstruction at
locations in Wards 1, 2, 3, 4, 5, 6 and 7, and setting date of public hearing for August 12,
1998. (File #S98085-S98108 and S98110 - S98132)
Adopted Yeas - 7 Nays - 0
July 22, 1998 City Council Summary Minutes Page 23
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 98-679 - Recognizing and thanking Commander Don Winger, Saint Paul
Police Department, for his many years of service and wishing him well on his newest
endeavor as Chief of Police for the City of Maplewood.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved for suspension of the rules and approval of the following
resolution:
Resolution - 98-680 - Declaring Mancini's Char House Day in Saint Paul and Nick
Mancini to be honorary Mayor of Saint Paul on Sunday, July 26, 1998.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved to adjourn the meeting.
Roll Call: Yeas - 7 Nays - 0
ADJOURNED AT 7:55 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy And rson -* \\`i5 g
Assistant Council Secretary
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