Approved Minutes 1-28-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
• Wednesday, January 28, 1998
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Council President Bostrom called the meeting to order at 3:30 p.m.
Present- 7- Benanav, Blakey, Bostrom, Coleman; Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA
Councilmember Lantry requested Item 6, D001416 and D001417, be removed for discussion.
Councilmember Harris requested Item 6, D001418, be removed for discussion.
Councilmember Blakey requested Item 6, D001421-D001425, be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended. Yeas- 7 Nays- 0
FOR ACTION
41) 1. Approval of minutes of October 15, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Mary Brinker, Rachael Brown, Sarah Brown, Diane Cleaves, Alganesh Debru, Brian
Erickson, John Fohrenkamm, Julia Frost, and Brian Nerbonne, Mark Pilon, Alisa Surendonk, and
Kelly Vereide.
Referred to Employee/Risk Management Division
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on February 4, 1998 to consider the application of Ju H. Lee to rezone
property from RM-2 (residential multiple-family) to OS-1 (office-service) to allow construction of a
new single story professional office building at 1567 West 7th Street.
4. Letters from Fire and Safety Services/Property Code Enforcement declaring 83 Douglas Street, 758
Lafond Avenue, 1107 Suburban Avenue, and 2125 Waukon Avenue as "nuisance properties"and
setting date of Legislative Hearings for February 3, 1998 and City Council Hearings for February
11, 1998.
5. Letter from the Real Estate Division announcing a public hearing before the City Council
on February 25. 1998 to consider the vacation of 13th Street from Robert to Jackson Streets to
construct a new building for the Department of Revenue in the Capitol area.
•
January 28, 1998 City Council Summary Minutes Page 2
• 6. Administrative Orders:
D001415 Addition of$9,720.00 to the contract for Demolition/Site Clearance of 272 Chestnut
Street.
D001416 - D001418 (Discussed later in the meeting)
D001419 Addition of$4,738.00 to the contract for women's toilet and shower room additions at
Firehouses #1, #5, #7, #17, and #20.
D001420 Addition of$5,988.43 to the contract for Block 74/Science Museum Parking Ramp, 13
West Exchange Street.
D001421 - D001425 (Discussed later in the meeting)
D001426 Amending the 1997 budget of the General Fund in the Division of Parks and
Recreation, Vehicle and Equipment Services Activity, to proper code for year-end
accounting purposes.
D001427 Addition of$1,270.00 to the contract for installing a new roof system at Sun Ray
Library, 2105 Wilson Avenue.
Noted as on file in the City Clerk's Office
7. Resolution- 98-62 -Releasing utility easements in the vacated alley in Linse's Subdivision of Lots
9, 10 and 11, and parts of Lots 7 and 8 of Block 34 of Linse & Zimmerman's Rearrangement of
Blocks 33 and 34 of Brown& Jackson's Addition to West St. Paul.
Adopted Yeas- 7 Nays - 0
• 8. Resolution- 98-63 - Amending Council File 97-882, adopted July 9, 1997, pertaining to property at
1147 Virginia Street.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
6. D001416 Addition of$1,821.00 to the contract for Rice and Arlington Sports Dome.
D001417 Addition of$42,000.00 to the contract for Rice and Arlington Sports Dome.
D001418 Addition of$31,036.00 to the contract for Rice and Arlington Sports Dome.
Councilmembers Harris and Lantry moved a one week layover and requested that a staff report be
provided at the meeting
Laid over to February 4 Yeas - 7 Nays- 0
D001421 Addition of$21,014.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001422 Addition of$187,332.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001423 Addition of$8,219.00 to the contract for Saint Paul Civic Center Expansion. CP-4
Building Construction.
• D001424 Addition of$13,521.08 to the contract for Saint Paul Civic Center Expansion, CP-1
Science Museum Turnaround.
D001425 Addition of$16.513.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
January 28, 1998 City Council Summary Minutes Page 3
• Councilmember Blakey moved a layover to February 4 and requested a staff report on the extra
costs and the Office of Human Rights' goals for targeted vendors for the Civic Center expansion...
Laid over to February 4 Yeas - 7 Nays- 0
9. Report from the Planning Commission on recommendations on revisions to the Zoning Code
necessary to better define parking and storage uses. (Laid over from October 29, 1997; requested on
September 3, 1997, C.F. 97-1099)
Nancy Anderson, Assistant Secretary to the Council, stated the Councilmembers received a letter
from Roger Ryan, Department of Planning and Economic Development, saying the Zoning
Committee of the Planning Commission will consider this issue at a public hearing on February 5,
1998 and they would like to bring their recommendations to the Council in March.
Councilmember Coleman moved to lay over to April 8.
Laid over to April 8 Yeas - 7 Nays - 0
(See corresponding suspension item below)
Councilmember Benanav moved for suspension of the rules and approval of the following resolution:
• Resolution- 98-74- Reaffirming the City Council's request to the Planning Commission as
specified in C.F. 97-1099 to review the present zoning ordinances governing parking and storage
and amending the date by which it requests the Planning Commission's recommendations from
October 29, 1997 to April 8, 1998.
Adopted Yeas - 7 Nays - 0
10. Presentation by the Treasury Division on the fees and costs for bond issuance.
(Presentation requested by the City Council on December 17, 1997)
Council President Bostrom stated he had a request from the Treasury Division to lay this item over
to February 25 as there was a delay in selling the bonds and, as a result, Treasury needs more time to
determine the costs.
Councilmember Harris moved to lay over to February 25.
Laid over to February 25 Yeas - 7 Nays - 0
11. Appeal of Pat Byrne to a decision of the Planning Commission approving a special condition use
permit to allow cluster development with ten dwelling units (applicant: Mendota Homes) at XXX
Lexington Parkway South (southwest quadrant of Lexington and St. Clair Avenues). (Laid over
from January 14 at which time a public hearing was held)
Councilmember Coleman said it was his understanding that the appellant submitted a request to
• withdraw this appeal.
January 28, 1998 City Council Summary Minutes Page 4
• Phil Byrne, Assistant City Attorney, appeared and stated the Council received a copy of a memo
from Assistant City Attorney Peter Warner saying the Council has discretion to allow or not allow.
withdrawal of the appeal. Mr. Byrne cautioned the Council that whatever is done in this case would
set a precedent for future cases. If someone else wished to withdraw an appeal, they would have to
be treated in a similar manner.
Councilmember Coleman moved to grant the appeal and overturn the recommendation of the
Planning Commission. Mr. Coleman stated he understood that this situation of withdrawing an
appeal has not come up before and he presented his reasons for granting the appeal. He said he had
discussions with the neighbors and there were concerns about safety and compatibility. It is
incumbent on the City Council that it makes decisions based on the best interests of Saint Paul and
when there are safety issues on a project, they need to be addressed. Mr. Coleman urged the Council
to reverse the actions of the Planning Commission.
Motion of Intent - Appeal Granted Yeas - 7 Nays - 0
12. Resolution- 98-64-Approving the issuance of an approximate $3,175,000 tax-exempt and taxable
conduit bond issue to Randy and Lisa Wilcox (Bix Fruit Company, Inc.) for the construction of a
new office and production facility of approximately 63,000 sq. ft. in Arlington Business Center.
Councilmember Reiter moved approval.
• Adopted Yeas - 7 Nays - 0
ORDINANCES
13. Final Adoption- 97-1568 -An interim ordinance preserving the status quo with respect to
advertising signs in the City of Saint Paul pending the completion of studies of possible amendments
to the City 's comprehensive plan and zoning regulations relating to advertising signs.
Councilmember Benanav presented an amendment and moved a one week layover.
Amended and laid over to February 4 for final adoption Yeas - 7 Nays - 0
(The meeting was recessed from 4:00 to 5:30 p.m.)
Roll Call: Present- 7 Absent- 0
PUBLIC HEARINGS
14. Third Reading - 98-43 - An ordinance granting a replacement franchise for cable service to CC St.
Paul, LLC.
Gerry Strathman, Council Research Director, appeared and stated this ordinance would allow for
Charter Communications to legally operate a cable franchise in Saint Paul. He requested that the
• Council entertain two amendments to the ordinance and indicated that it was staff's recommendation
that the Council approve the franchise.
January 28, 1998 City Council Summary Minutes Page 5
• No one appeared to address this issue. Councilmember Coleman moved to close the public hearing.
Yeas - 7 Nays - 0
Councilmember Harris asked about the public access channels and how they are selected through an
RFP (request for proposal) process. Mr. Strathman responded that the process would be up to the
City Council. Mr. Harris said he does not see a need to specifically mention one company, and Mr.
Strathman responded the reason the Saint Paul Neighborhood Network is specifically mentioned is
because they are currently under contract with the City to provide this service. However, naming
them in the franchise does not obligate the City to continue the relationship. The language could be
changed to not name them and just say the "designated entity." Mr. Harris stated he would like to
make an amendment to explore how an entity is designated and if there are other opportunities to
bring in some of the universities and schools to participate.
Councilmember Harris moved to include the following language: "By an access entity designated
by the City." Adopted Yeas - 7 Nays - 0
Laid over to February 4 for fmal adoption
An amended version of the Cable Communications Franchise-CC St. Paul, LLC and Exhibit E were
presented. An additional amendment was made by the Council to the Franchise on page 34.
• 15. Resolution- 97-507 - Approving application for an On Sale Malt(strong beer) license by L & A
Consulting& Food Service, dba Ristorante Luci Ancora, 2060 Randolph Avenue. (ID#11707)
(Laid over from January 14)
Councilmember Harris withdrew the resolution at the request of the establishment.
16. Resolution- 98-65- Approving application for Liquid Fuel Dealer and Gas Station Licenses by
Midway Fuel, Inc., 543 Cleveland Avenue North. (ID#19970000053)
No one appeared in opposition; Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
17. Resolution- 98-66 - Approving application for a Second Hand Dealer/Motor Vehicle License by
Royal Star Liquidators, Inc. (Adrian R. Peterson), 445 Lexington Parkway North. (ID #54617)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
18. Resolution- 98-67 - Concerning adverse action against Taxicab Driver's License held by Wayne
Ellis,. 1428 Sherburne Avenue.
No one appeared in opposition; Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
19. Resolution - 98-68 - Concerning adverse action against Cigarette, Liquor On-Sale and Restaurant
Licenses held by Pat McGovern's, Inc. 225 7th Street West.
•
Virginia Palmer, Assistant CityAttorney, appeared and stated the recommendation from the Office
PP
of License, Inspection and Environmental Protection (LIEP) is for a one day suspension of licenses.
January 28, 1998 City Council Summary Minutes Page 6
• Councilmember Coleman stated it is his understanding that there is an intent to have the option for a
fine instead of a closure. Ms. Palmer responded that the Council has the option to impose a fine or
closure. The fine is based on the seating capacity of the establishment. Phil Byrne, Assistant City
Attorney, stated the fine would be $1,500 and the resolution can be amended.
Councilmember Reiter stated he assumed everything had been settled and he had a concern with the
one day closing and the $1,500 fine. Councilmember Coleman stated he and Mr. Reiter had a
discussion and it was his understanding that Mr. Reiter preferred the fine instead of the closure and
would not contest the fine.
Pat Boemer, owner, appeared and stated he would prefer a$1,500 fine as it would cause the least
problem for him.
Councilmember Coleman moved to impose a fine of$1,500 payable in 30 days.
Adopted as amended Yeas - 6 Nays- 1 (Reiter)
20. Resolution - 98-69 - Concerning adverse action against Auto Repair Garage License held by Lewis
Stevens, dba Civic Center Auto Repair, 459 Toronto Street.
No one appeared in opposition; Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
• 21. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by
Bilco, Inc., dba Billy's on Grand, 857 Grand Avenue.
No one appeared in opposition; Councilmember Coleman moved approval of the findings of fact,
conclusions, and recommendations of the Administrative Law Judge, but said he would like
cautionary language included indicating that the Council is not taking sides because this is a private
dispute between parties.
Phil Byrne stated the City Attorney's Office will prepare a resolution to come back before the
Council and it will include language that the Council's approval does not indicate intent to
adjudicate or resolve private issues between the license holder and the property owners.
Accepted the Findings of Fact, Conclusions and Recommendations of the Legislative Hearing
Officer. Yeas - 7 Nays 0
22. Resolution - 97-1494 - Ordering the owner to remove or repair the building at 237 Page Street East
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to complete rehabilitation provided a S2,000 bond is posted by noon
January 28, 1998) (Laid over from December 10, 1997)
Gerry Strathman, Legislative Hearing Officer, reported the bond was posted.
• Councilmember Coleman moved approval of the Legislative Hearing Officer's recommendation.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
January 28, 1998 City Council Summary Minutes Page 7
II23. Resolution - 98-70 - Ordering the owner to remove or repair the building at 1478 Edmund Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Councilmember Benanav stated the Hamline Midway Area Rehabilitation Corporation (H-MARC)
is interested in this building and he would like to ensure they have the opportunity to look at it.
Reneta Weiss, Public Health, appeared and stated her understanding is that after 15 days the City
would proceed with demolition.
Beth Randall, H-MARC, appeared and stated the owner has been delinquent in their responsibility to
the property. She has not seen the inside of the home because the owner is non responsive. Ms.
Randall and a private investor have both expressed interest in acquiring the property.
Gerry Strathman, Legislative Hearing Officer, indicated that one approach would be to proceed with
the order. If there is some positive movement, a Councilmember could bring in a resolution to
supersede this resolution. It would be 15 days before any action is taken by the City.
Council President Bostrom stated there is not a willing seller so there is not much that can be done.
• Councilmember Coleman stated if this is a nuisance property that needs to come down, then it
should be approved. If not, the Council should not be in a position to use this method to pressure
private property owners to let groups look at the property. Councilmember Harris concurred saying
the Council cannot use the condemnation and demolition process as a way to force someone to do
something. Councilmember Benanav responded that the house is a public health nuisance but if the
owner chooses to sell it and it can be saved, all the better. It is not an effort to force someone to do
something.
Beth Randall replied she was not attempting to force anyone to do something; H-MARC tries to
preserve as many housing units as possible. One of the reasons this is a nuisance property is due to
the length of time(since 1994) that it has been vacant.
Councilmember Benanav moved to close the public hearing and approve the resolution.
Adopted Yeas - 7 Nays - 0
24. Resolution- 98-71 - Ordering the owner to remove or repair the building at 844 Galtier Street within
fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
No one appeared in opposition: Councilmember Reiter moved approval.
•
Adopted Yeas - 7 Nays - 0
•
January 28, 1998 City Council Summary Minutes Page 8
25. Resolution - 98-72 - Ordering the owner to remove or repair the building at 734 Lafond Avenue
(rear) within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends allowing the owner three months to remove or repair the building provided the vacant
building fee is paid by noon January 28, 1998)
Gerry Strathman, Legislative Hearing Officer, reported this is a second building on the property.
The owner agreed the building should be demolished and said he would like to demolish it himself.
However, he has not paid the vacant building fee and the Council needs to decide if they want to
proceed with the demolition.
David Thompson, personal representative of his stepmother's estate, appeared and stated the current
owner has not paid much of anything. It was sold through a contract for deed because the rear house
made it impossible to get a conventional mortgage. Mr. Thompson would like to tear down the rear
building.
Councilmember Blakey asked Mr. Thompson when he would be taking possession of the property.
Mr. Thompson responded that it would be in about 60 days.
Reneta Weiss, Public Health.,reported it would be left up to the City to keep the property secure
because it is unknown if anyone would take responsibility for it.
• Councilmember Blakey moved approval of the resolution. He questioned who will be responsible
for the building. Councilmember Harris also expressed concern and noted the building was
condemned while David Thompson owned it for a year.
Councilmember Coleman said Mr. Thompson would be responsible for any costs and he felt he was
showing good faith.
Adopted Yeas - 6 Nays - 1 (Coleman) (Remove or repair within 15 days)
26. Resolution- 98-73 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1336 Hewitt Avenue and 2164 Lower St. Dennis Road.
No one appeared in opposition;Councilmember Harris moved to grant an extension to September
20, 1998 for property located at 2164 Lower Saint Dennis Road.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
•
January 28, 1998 City Council Summary Minutes Page 9
• 27. Public hearing to consider the appeal of Tricia Leonard and Greg and Carol Clark to a decision of
the Heritage Preservation Commission granting approval of a building permit to construct a
structure with one dwelling unit and four garage stalls(proposed by Ronald Severson) at 420
Portland Avenue(south side between Summit and Arundel). (Will be rescheduled for a future date)
Councilmember Blakey moved to reschedule the public hearing to February 25, 1998 per
communication received by the Councilmembers.
Public hearing was rescheduled to February 25 Yeas- 7 Nays - 0
OTHER BUSINESS
Council President Bostrom requested a report from the Mayor's Office at the February 4 Council meeting
regarding issues with the Police Chief. Gerry Strathman responded he would contact Tom Fabel, Deputy
Mayor.
Councilmember Coleman moved to adjourn the meeting Yeas - 7 Nays- 0
ADJOURNED AT 6:15 P.M.
• Vhstikotr"
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy And n �' `�
Assistant Co it Secretary
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•