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Approved Minutes 2-25-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL • Wednesday, February 25, 1998 - 3:30-5:00 P.M. PUBLIC HEARINGS 5:30-6:30 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:35 p.m. by Council President Bostrom. Present - 5 - Benanav, Bostrom, Harris, Lantry, Reiter Absent - 2 - Blakey, Coleman (arrived shortly after roll call) CONSENT AGENDA (Items 1-18b) Councilmember Harris requested Items 10, 11, 12, 17 & 18a be removed for discussion. Councilmember Benanav requested Items 14 & 15 be removed for discussion. • Councilmember Coleman moved approval of the consent agenda as amended. Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of November 19 and 26, 1997. Adopted Yeas - 7 Nays - 0 2. Claims of Jason Brodt, Loretta Cawthorne, Florence Grabowski, Nikesha Lust, Ann McKinnon, Martin Scherbel, and Doris Stuber. Referred to Employee/Risk Management Division 3. Notice of Filing of Orders, Order Granting Petition and Appointing Commissioners, and Order Authorizing Payment or Deposit and Transferring of Title 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. Summons in Application to Register Land in the matter of the application of Kathleen Fangmeier to register title to real estate in Ramsey County. Referred to the City Attorney's Office 5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 4, 1998 concerning lapse in liquor liability insurance by Debra Johnson, dba Sports 41 Break, 1199 Rice Street. (Uncontested) February 25, 1998 City Council Summary Minutes Page 2 41) 6. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on March 11, 1998 to consider the application of Gabe's By The Park, 991 Lexington Avenue North, for a sound level variance to allow live music from 5:00 p.m. to Midnight in a tent adjacent to the licensed premises on March 13, 14 & 17, April 17 & 18, June 12 & 13, and October 30 & 31, 1998. 7. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on March 11, 1998 to consider the appeal of Darrell Tilmon to a decision of the Planning Commission denying a special condition use permit to allow outdoor rental of U- Haul trucks and trailers at 672 Arcade Street (northeast corner of Arcade and Margaret). 8. Letter from the Real Estate Division announcing a public hearing before the City Council on March 11, 1998 to consider the vacation of streets for construction of the new Science Museum. 9. Letters from Fire and Safety Services/Code Enforcement declaring 26 Acker Street West, 977 Burr Street, and 202 Charles Avenue as "nuisance properties" and setting dates of Legislative Hearings for March 3, 1998 and City Council Hearings for March 11, 1998. 10. (Discussed after the consent agenda) 11. (Discussed after the consent agenda) • 12. (Discussed after the consent agenda) 13. Resolution - 98-132 - Authorizing the proper City officials to enter into an agreement with the Ramsey County Regional Railroad Authority to remove, regrade and restore the berm on property approximately 900' south of Johnson Parkway to 1,000' north of Maryland Avenue as part of the roadway and wetland project. Adopted Yeas - 7 Nays - 0 14. (Discussed after the consent agenda) 15. (Discussed after the consent agenda) 16. Resolution - 98-135 - Amending the 1998 budget in the Office of License, Inspections and Environmental Protection to allow for the addition of one (1) Plumbing Inspector. Adopted Yeas - 7 Nays - 0 17. (Discussed after the consent agenda) 18. Resolution - 98-137 - Approving the issuance of approximately $3,000,000 of tax exempt and taxable notes to 3N Properties (ADDCO, Inc.) For the construction of a new office and production facility of approximately 77,000 square feet in Arlington Business Center. Adopted Yeas - 7 Nays - 0 • February 25, 1998 City Council Summary Minutes 0 Page 3 • 18b. Preliminary Order - 98-152 - In the matter of condemning and taking property for construction of the new Science Museum and for construction of Eagle Parkway, and setting date of public hearing for March 25, 1998. (File #18870) Adopted Yeas - 7 Nays - 0 10. Resolution - 98-129 - Approving the appointment of Kathleen Borgman as Assistant to the Mayor. Councilmember Harris moved to amend the resolution by including the annual salary in the resolution. Adopted as amended Yeas - 7 Nays - 0 11. Resolution - 98-130 - Approving the appointment of Christopher Longley as Assistant to the Mayor. Councilmember Harris moved to amend the resolution by including the annual salary in the resolution. Adopted as amended Yeas - 7 Nays - 0 12. Resolution- 98-131 - Amending the spending and financing plans in the Department of Public • Works by $560,000.00 for the 1997 and 1998 Residential Street Paving Programs. Councilmember Harris noted that there was an overrun of$560,000 for the residential street paving programs. It was not part of the 1998 budget but is coming out of the 1998 CIB budget. Paul St. Martin, Department of Public Works, appeared and stated a one week lay over would allow him time to get the numbers together. Councilmember Harris said he would like a report on how it is affecting the CIB budget. Councilmember Coleman questioned if cost overruns are factored in for these types of programs during the the budget process. Bruce Engelbrekt, Budget Office, said it is his understanding that there were some additional costs in 1997 due to some additions in project areas plus some cost overruns. It required that they take some funding from '98 monies in order to pay for expenses due for the '97 program. Public Works has indicated that they do not anticipate being behind in their project work in 1998 and that, hopefully, within the overall program there is enough leeway that they can absorb the $560,000. Councilmember Harris moved to lay over one week. Laid over to March 4 Yeas - 7 Nays - 0 • February 25, 1998 City Council Summary Minutes Page 4 • (Items 14 & 15 were discussed together) 14. Resolution - 98-133 - Amending the 1998 Capital Improvement Budget by establishing a budget for the City's share of the financing to pay for design, engineering and constructions costs for the arena replacement project. Councilmember Benanav asked Joe Reid, Budget Office, how the arena will be financed if St. Paul does not get the $65 million bonding request from the Legislature and what impact, if any, it would have on the City's bond rating. Mr. Reid responded that this will go through several hearings before a decision is reached. The City has put together an interim financing plan that would use other City financing sources. The ticket surcharge would be raised from $1.00 to $1.50, the 40% of the half-cent sales tax that is currently being used for payment of the expansion project would be used, some hotel-motel tax dollars would be used, and tax increment dollars will be used that will be available after tax increments on Block 39 are used to repay those bonds. Councilmember Benanav moved approval. Adopted Yeas - 7 Nays - 0 15. Resolution - 98-134 - Amending Resolution 97-1534, adopted December 17, 1997, authorizing a • Taxable General Obligation Commercial Paper Program (Arena Project). Councilmember Benanava moved approval. Adopted Yeas - 7 Nays - 0 17. Resolution - 98-136 - Establishing the rate of pay for the Fleet Services Coordinator. Councilmember Harris said he was not aware of the garages being consolidated. John Hamilton, Human Resources Office, responded that Public Works, Parks, Police and Fire, in terms of the service, have been coordinated over the last three years. A study was conducted, a decision made and the current operation is organized under one supervisor who is finishing up the implementation of the plan. The plan is that there would ultimately be a unified service fleet management and maintenance function that would service all City vehicles. It is presently in different stages of implementation. Mr. Hamilton reported that this is a new position and is in the Public Works budget. There is someone who has been performing the duties over the last two years. A re-study was done of the position, a decision was made that it should be allocated to a higher class, and the current incumbent will be reallocated to the position. Councilmember Harris said he did not recall from budget discussions that this consolidation would move forward and he did not see the rationale for hiring a manager to lead the consolidation when • the department directors have not decided that they want to move forward with it. February 25, 1998 City Council Summary Minutes Page 5 • Joe Reid responded that the Parks, Public Works, Police and Fire garages have been consolidated and the incumbent is providing the coordinating function for those departments. Savings have been achieved thus far by the way the person has been managing the equipment; equipment has had to be replaced less frequently. Councilmember Blakey requested that a report be provided on the savings. Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 1 (Harris) 18a. Resolution - 98-151 - Approving appointments to Legislative Advisory Committee on Advertising Signs. Councilmember Hams presented an amendment to add Mark Moeller to the Committee and moved approval. Adopted as amended Yeas - 7 Nays - 0 FOR DISCUSSION 19. Report by the Fire Department on its work plan in response to Council Research Performance • Audit Recommendations. (Requested by the Council on December 3, 1997; C.F. 97-1437) (Councilmembers Benanav and Coleman left and returned during the discussion) Tom Fabel, Deputy Mayor, noted that the information he would be presenting to the Council at this meeting was slightly different from what was indicated on the agenda. He said he would like to present the issues surrounding the Fire Department to the City Council at this meeting and the two upcoming meetings. Mr. Fabel reviewed the evaluation received from an independent consultant in response to direction from the City Council in March and responded to questions of Councilmembers. Laid over to March 11 20. Presentation by the Treasury Division on the fees and costs for bond issuance. (Laid over from January 28) Shirley Davis, Treasury Division, appeared and reported that she had earlier distributed information containing the costs for the Block 39 financing and the arena financing. Councilmember Harris moved to lay over to March 11 to be discussed in conjunction with legal fees. He further requested that Ms. Davis provide an example of a bond issue of a larger nature, identify what the fees are for bond counsel and any detail associated with it Laid over to March 11 or date when legal fees are discussed Yeas - 7 Nays - 0 February 25, 1998 City Council Summary Minutes Page 6 • 21. Report by the Administration on the creation of a pilot program plan to identify current and future job opportunities with the City and how individuals moving off welfare may be identified and trained to fill these positions. (An update was requested by the Council on December 10, 1997; laid over from January 28) John Hamilton, Office of Human Resourcese, appeared. He said he has met with union representatives and staff is in the process of drafting a memorandum of understanding which would allow the City to waive certain contract conditions and civil service provisions which is one of the requirements of the pilot program under the auspices of the civil service rules. Mr. Hamilton said he would be meeting the following week with staff from the Department of Planning and Economic Development to take care of the supply side which will be the identification of candidates and the training. The internal side, the creation of jobs, is moving along well and a plan should be ready to present to the Council in four to six weeks. The target date for when all the mechanisims are in place, in terms of funding, etc. for the agencies that will be providing resources, is mid-summer and that is when the program will kick-off. Councilmember Blakey asked if there has been discussion with the Saint Paul Schools. Mr. Hamilton responded that they plan to talk with both the School District and the County to see if there is an opportunity for a cooperative effort. • 22. Update by the Department of Planning and Economic Development (PED) on a proposed model for training 100 low income Saint Paul residents for hi-tech industry positions. (Sean Kershaw, PED) (An update was requested by the Council on September 24, 1997; laid over from February 11) Sean Kershaw, PED Business Resource Center, appeared. He reported that in July during discussion about approval for financing for Lawson Software, staff was directed to prepare a plan to train 100 low income people for jobs in the high tech industry at a cost of$500,000. The amount was equal to one-half of one percent of the project cost. He reviewed a proposal on a detailed plan as to how the training will be done. In response to a question of Councilmember Blakey, Mr. Kershaw said this will be a Request for Proposal (RFP) process. Councilmember Blakey asked if this program will be ready when Lawson Software is ready. Mr. Kershaw responded that it could be done relatively quickly. Councilmember Blakey asked if there were other foundations and companies that will be involved along with the City. Mr. Kershaw said it can be expected that the employer would provide a significant amount toward the cost of training; however, an exact match amount has not been determined yet. The $500,000 is to be tied to the Lawson project, Blakey said, and he asked Mr. Kershaw if he had an update. Kershaw responded that these types of operating costs would not be an eligible expense for tax increment bonds. An appropriate source of funding would have to be identified to February 25, 1998 City Council Summary Minutes Page 7 • meet this goal in an effective way. Councilmember Blakey said he assumed this was being worked on because at a previous discussion he was moving to encumber the project and he was asked not to do it and was assured that the $500,000 would be there. Mr. Kershaw said it is critical that they fmd the right source of funds for this. There is a lot of money that goes to job training programs but much of it is targeted toward certain populations such as dislocated workers and youth workers. It is critical that the money not come with strings attached. Much of the money that comes to the department is directed toward a source and it is important to fmd the right source that makes the program work. Susan Kimberly, PED, appeared and reiterated information Mr. Kershaw provided; i.e, that this program is not in the Workforce budget and they are attempting to fmd the appropriate source of funding for it. Most of the monies that flow directly to the Workforce function come from State and Federal sources and they have substantial limitations on what they can be used for. PED tries to fmd new and creative ways of addressing these issues. They need to be matched with the appropriate funding sources or the programs don't work. Councilmember Blakey said it was his understanding when this was passed in 1998, the agreement was that there would be money to go along with the program. Ms. Kimberly said they must determine if this program makes sense and then they need to work out the funding. It's not in • anyone's budget and they are not attempting to agree to a program that cannot be funded. When approval of the program was passed, it was with the understanding that the $500,000 would be available, Blakey said, and now it appears the money may not be there. Ms. Kimberly suggested that rather than get bogged down with the exact terms of the resolution, that they proceed with the funding issue. Council requested an additional update on April 8 Yeas - 7 Nays - 0 23. Update by the Department of Planning and Economic Development on a design plan for the Arena Project. (Laid over from February 4) No update was presented; an invitation was extended to the Councilmembers to visit the arena site for a viewing of the design plan on February 26 from 4:00-6:00 p.m. 24. Update by the Administration on the progress of the Electronic Computerized License Inspection and Permit System (ECLIPS). (An update was requested by the Council on December 17, 1997; laid over from February 11) Robert Kessler, Department of License, Inspections and Environmental Protection (LIEP), distributed a summary of the ECLIPS system and provided an update. He indicated they are 11 months behind schedule due to the fact that LIEP is doing its own testing An additional update was requested on May 20, 1998 Yeas - 7 Nays - 0 (The meeting was recessed from 5:10 - 5:35p.m.) Present - 4 Absent - 3 (Blakey, Coleman, Harris) arrived after roll call February 25, 1998 City Council Summary Minutes Page 8 • PUBLIC HEARINGS 25. Third Reading - 98-59 - An ordinance amending Section 4.04 of the Charter of the City of Saint Paul that the City Council will not hold a meeting on the fifth Wednesday of any calendar month. No one appeared in opposition; Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0 Laid over to March 4 for final adoption 26. Third Reading - 98-60 - An ordinance amending Section 15.03 of the Saint Paul Administrative Code by deleting the requirement for a fifth City Council meeting in any month. No one appeared in opposition; Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0 Laid over to March 4 for final adoption 27. Third Reading - 98-89 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to correct obsolete language. Bob Kessler, Office of License, Inspections and Environmental Protection, appeared. He indicated that Items 27, 28, and 29 are housekeeping matters brought to the Council to correct them in response to the work done on Item 29 to make sure that all fees are consistent throughout • the metro area and especially with the City of Minneapolis. No one appeared in opposition; Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0 Laid over to March 4 for final adoption 28. Third Reading - 98-90 - An ordinance amending the definition section of Chapter 369 of the Saint Paul Legislative Code. No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0 Laid over to March 4 for final adoption 29. Third Reading - 98-91 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code correcting obsolete references and reducing the journeyman examination fees for trades other than plumbers. No one appeared in opposition; Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0 Laid over to March 4 for final adoption 30. Third Reading - 98-92 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to clarify the distance restrictions between off-sale liquor establishments. • Bob Kessler, Office of License, Inspections and Environmental Protection, appeared and indicated this ordinance is to clarify language. Two years ago an ordinance was adopted to not allow new off-sale liquor stores within a one-half mile radius of an existing liquor store. The language stated February 25, 1998 City Council Summary Minutes Page 9 • there would be no more than one within that radius. This ordinance corrects the language to say there can be n4 liquor store within a one-half mile radius of an existing liquor store. No one appeared in opposition; Councilmember Harris moved to close the public hearing. Laid over to March 4 for final adoption 31. Resolution- 98-106 - Approving application for a Malt Off Sale License by Elsie Mayard, dba Frogtown Market, 631 University Avenue West. (ID #0024690) (Laid over from February 18) Councilmember Blakey stated that an agreement has been reached with the applicant that there is to be no sale of single containers, or broken six packs of 3.2 malt beverages and no sale of 40 ounce bottles of 3.2 malt beverages. Bill Gunther, Office of License, Inspections and Environmental Protection, appeared and confirmed that Ms. Mayard has signed off on those conditions. No one appeared in opposition; Councilmember Blakey moved to introduce a substitute resolution and approval. Substitute introduced and adopted Yeas - 7 Nays - 0 32. Resolution - 98-138 - Approving application for a Bingo Hall License by 5005 Properties, Inc., . dba Hillcrest Bingo, 1610 White Bear Avenue North. (ID #53263) Bill Gunther, Office of License, Inspections and.Environmental Protection (LIEP), provided a staff report. He stated that LIEP has reviewed all the issues including zoning and parking. One of the big issues was concern about parking and Zoning staff did an extensive review of the establishment. According to the practice, the license applicant would have to make up the difference for the new parking requirements. They would need 82 more parking spots and could pick up 30 spots behind the establishment by striping the areas. Because the time would be off- peak for the rest of the shopping center, the applicant has an agreement for picking up 52 shared spots within the actual parking lot. An additional condition was placed on the license that snow would have to be removed because it was being stored on-site and taking up parking spots. The applicant also must provide LIEP with a statement of their hours of operation since part of the agreement is that they will have shared parking spots with the rest of the occupants of the shopping center. If they were to expand their gambling times, there might be a conflict. Gerald Frisch, attorney representing the applicant, appeared. He stated his client, 5005 Properties Inc., is the owner of the shopping center. They have attempted to comply with the requests of the neighbors to rent the space to a retail establishment, specifically a grocery store, to no avail. As a result, they decided to offer the space for use as a bingo establishment. There is approximately 9,000 sq. ft. in the rear. The total area is in excess of 30,000 sq. ft. so the remaining 21,000 sq. ft. in the front would be used for retail. Access would be from the front as well as from the back. The front access would be a hallway that would be installed for the patrons to walk to the back. • The proposed operators meets the requirements under the State Statutes. They currently operate a facility in the Midway Area of St. Paul and previously operated space in the Hall of Mangine's Restaurant on the East Side but the space became inadequate. February 25, 1998 City Council Summary Minutes Page 10 • The property meets all the standards which the City has imposed and the applicant is qualified to operate the business, Mr. Frisch stated. He further said that he attended a district council meeting and the district council was opposed to it as they felt it was inappropriate use of the space and that a bingo hall would have a negative effect on the neighborhood. Robert Levine, co-owner of Hillcrest Shopping Center, appeared. He reported that Gala Foods vacated this space in November, 1997. The shopping center's real estate firm sent out a brochure announcing the vacant space and they contacted all the major supermarket operations in the area with no success. In September, 1997, Ramsey County OIC, a rehabilitation school, approached them and a deal was about to proceed until they went to the District 2 Community Council who said they did not want a school in the rear of the premises as it was an inappropriate use. District 2 told the shopping Center that they wanted them to find a supermarket or another commercial use that would generate traffic for the center. He noted that the shopping center was built in 1950 making it somewhat obsolete and inappropriate for many uses. He said that, hopefully, the bingo operation will generate traffic to the shopping center. Appearing in support of Hillcrest Bingo were: Jackie Mlynarczyk, 2481 Cowen Place, North St. Paul, Kaposia, Inc., one of the recipients of the gaming operation proceeds that has provided services to people in the St. Paul community since 1963. • Michael Michlitsch , 3870 Effress Road, White Bear Lake, Gambling Manager, Midway Training Services. Discussion ensued regarding parking. In response to a question of Councilmember Harris, Mr. Gunther clarified that the applicant for the bingo hall is the owner of the Hillcrest Shopping Center and they make the hall available to the non-profit. Whoever conducts bingo there must be a non-profit organization. Councilmember Harris asked who the organizations are. Barbara Kale, 720 Vandalia Street, Midway Training Services and Midway Transportation, appeared and explained that Midway Training Services is a non-profit organization that serves about 155 developmentally disabled adults. They work in the community, they help pay for their cost of care and they are assisted with the quality of their lives. Midway Transportation transports disabled people throughout Ramsey County to and from their jobs. The other organization is Give, Inc. Appearing in opposition to Hillcrest Bingo were: Ann Woods, 2169 Stillwater Avenue, District 2 Community Council • Gary Unger, 1847 East Idaho, District 2 Community Council Charles Sinider, Hillcrest Entertainment Center February 25, 1998 City Council Summary Minutes Page 11 • The public hearing was closed. Yeas - 7 Nays - 0 Extensive discussion ensued and Councilmember Coleman moved to refer the application to an administrative law judge. Referred to an Administrative Law Judge hearing and laid over until a report and recommendation is returned Yeas - 5 Nays - 2 (Benanav, Reiter) 33. Resolution - 98-139 - Approving application for a State Class A Gambling Premise Permit by Jacqueline Mlynarczyk on behalf of Give, Inc. at Hillcrest Bingo, 1610 White Bear Avenue North. (ID #A-02417) Councilmember Lantry moved to lay over pending Item #32 Yeas - 7 Nays - 0 34. Resolution - 98-140 - Approving application for a State Class A Gambling Premise Permit by Barbara Kale on behalf of Midway Training Services at Hillcrest Bingo, 1610 White Bear Avenue. (ID #A-02422) Councilmember Lantry moved to lay over pending Item #32 Yeas - 7 Nays - 0 35. Resolution - 98-141 - Approving application for a State Class A Gambling Premise Permit by Barbara Kale on behalf of Midway Transportation Services at Hillcrest Bingo, 1610 White Bear • Avenue. (ID #A-05226) Councilmember Lantry moved to lay over pending Item #32 Yeas - 7 Nays - 0 36. Resolution - 98-142 - Approving application for a Malt Off Sale License by Town House Country Inc., dba Town House, 1415 University Avenue West. (ID #0077104) Councilmember Benanav moved to lay over one week. Laid over to March 4 Yeas - 7 Nays - 0 (Harris left) • 37. Resolution - 98-143 - Approving application for a Gambling Manager License by Barbara Dotty- Thomas, dba Sexual Violence Center at Club Metro, 733 Pierce Butler Route. (ID #19980000002) No one appeared in opposition; Councilmember Benanav moved approval. Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 38. Resolution - 98-144 - Approving application for a Gambling Manager License by Barbara Dotty- Thomas, dba Sexual Violence Center at Billy's On Grand, 857 Grand Avenue. (ID #19980000003) No one appeared in opposition; Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 (Harris not present for vote) . (Harris returned) February 25, 1998 City Council Summary Minutes Page 12 • 38a. Resolution - 98-153 - Approving application for a Liquor On Sale (C) license by Calvin's Inc., 244 7th Street West. (ID #19970000192) Betty Moran, West 7th Street Federation, requested either a layover or, if the resolution is adopted, that it come back to the Council for discussion of the parking issue as several business people are concerned about the parking in this area. Bill Gunther, Office of License, Inspections and Environmental Protection, appeared and reported he had no information on the parking requirements but noted it had received approval from the Zoning Committee. Councilmember Coleman moved to lay over two weeks in order to get additional information. Laid over to March 11 Yeas - 7 Nays - 0 39. Resolution - 98-145 - Authorizing the vacation of 13th Street between Robert and Jackson Streets. Peter White, Real Estate Division, requested a one week lay over as it was necessary to make changes to the resolution. Councilmember Coleman moved to lay over one week. Laid over to March 4 Yeas - 7 Nays - 0 • 40. Resolution Ratifying Assessment - 98-146 - In the matter of construction of storm service connections, as requested by the property owners in the Lawson Block, in conjunction with the Seventh/Cedar Area Storm Sewer Separation Project. (File #18766-L) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 41. Resolution - 98-147 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property at: 1350 Hewitt Avenue, 551 Barge Channel Road, 1032 East Magnolia Avenue, 1005 Sherburne Avenue, 709 York Avenue, 934 Euclid Street, 946 Conway Street, 857 Fairmount Avenue, 421 University Avenue West, 430 Nebraska Avenue East, 103-105 Wilkin Street, and 375 Emma Street. Sheryl Reed, 375 Emma Street, appeared and said she would like to file an appeal to the condemnation of her house. Gerry Strathman, Legislative Hearing Officer, reported that testimony was received from City staff at the Legislative Hearing as well as the owner and tenant of the property. Staff in the Code Enforcement Division found serious deficiencies with this property such as smoke detectors being disconnected, improper outlets and rotting wood under the porch. Testimony was provided by both staff and neighbors that this property has been a problem for a variety of issues. With respect • to condemnation, the greatest problem was that the identified deficiencies involved life safety issues. The owner of the property indicated he had no intentions of making the repairs and it was the owners intention to allow the condemnation proceeding to go forward. February 25, 1998 City Council Summary Minutes Page 13 • Dick Lippert, Code Enforcement Officer for the St. Paul Police Department FORCE Unit, appeared and stated they have had this property under investigation for some time and he has found it necessary to condemn the building. He said he does not feel the building is in a condition to be inhabited and there does not appear to be any clear resolution as long as the tenants are in the building. Patricia Whitney, attorney for the landlord, appeared and stated the owner has attempted to obtain an unlawful detainer. Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 1 (Blakey) 42. Resolution - 98-148 - Ordering the owner to remove or repair the building at 774 Ashland Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to rehabilitate the building provided a code compliance inspection is completed and a $2,000 bond is posted by noon February 25, 1998) Gerry Strathman, Legislative Hearing Officer, reported that the bond had been posted and the code compliance inspection was filed. No one appeared in opposition; Councilmember Blakey moved approval. Adopted as amended (per recommendation of the Legislative Hearing Officer) • Yeas - 7 Nays - 0 43. Resolution - 98-149 - Ordering the owner to remove or repair the building at 882 Greenbrier Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 44. Resolution - 98-150 - Ordering the owner to remove or repair the building at 815 University Avenue West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 45. Appeal of Charlene Hessler to a Summary Abatement Order for property at 579 Forest Street. (Legislative Hearing Officer recommends denying the appeal) No one appeared in opposition; Councilmember Lantry moved to deny the appeal. Appeal Denied Yeas - 7 Nays - 0 The meeting was recessed from 7:05 - 7:15 p.m. Present - 4 Absent - 3 (Blakey, Coleman, Harris) arrived after roll call February 25, 1998 City Council Summary Minutes Page 14 ill46. 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). Aaron Rubenstein, Office of License, Inspections and Environmental Protection, presented a staff report. In March, 1977 the Heritage Preservation Commission (HPC) granted approval of plans for a new structure at 420 Portland with one dwelling unit and four garage stalls. The current situation is that there is a gravel parking area with one two-car garage and all of the parking is for the adjacent house at 415 Summit Avenue which this lot is located behind. There are four condominium units at 415 Summit. The lot at 420 Portland at one time was part of the parcel on which 415 Summit sits and was designated a separate parcel of land in 1990. The applicant for the project, Ron Severson, and the appellants live in condominium units at 415 Summit. In July of 1995 the HPC did a concept review of Mr. Severson's first proposal for this site. It was a 2-1/2 story stucco building. In November 1996 several commission members did another concept review of a different design which was a more elaborate structure. In February and March of 1997 there were two HPC meetings and one HPC designer view committee meeting. In those meetings, the design of the proposed structure and some of the details as to how it fits on the site continued to evolve and the building design continued to be simplified. The final design was • approved by the HPC by a vote of 11-0. That decision was appealed in April 1997 by three residents and the appeal has been delayed since then while negotiations took place. The HPC Commission was informed during its review process that there may be other important factors in developing the proposed structure such as easements, setbacks, etc. but that those issues are not within the jurisdiction of the HPC and that the commission must limit its review and decision to the projects conformance with the historic district guidelines. This project was scheduled to be considered by the Board of Zoning Appeals on March 9 to consider variances for a front setback and for two parking spaces in a required yard. Appearing in support of the appeal were: Mark Vaught, attorney for the appellants Mark Voerding, 113 Farrington Street Carol & Gregory Clark, 415 Summit Avenue, majority owners of 415 Summit Avenue Tricia Leonard, 415 Summit Avenue, #4 Laurel Frost, 436 Portland Avenue, #11 Appearing in opposition to the appeal were: Charles Skrief and David Heide, HPC members who defended the position of the HPC stating the guidelines were followed. Ronald Severson, 415 Summit Avenue • Khalid Effendi, 449 Portland Avenue Louis Sudheimer, 439 Portland Avenue February 25, 1998 City Council Summary Minutes Page 15 • Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Blakey said he is not opposed to having some type of structure built on this property. However, it is a very small piece of land and he feels more works needs to take place with respect to design issues. The issues of the front yard and side yard need to be addressed, Blakey said, as well as clarifying the issue of whether the front is facing Portland Avenue. The main entrance facing Portland is not typical of the other residential structures in the neighborhood. He expressed concern about the issue that will be in front of the Zoning Board because he felt there will be some things that will not be approved. There seems to be a lot more work to be done on the design issue so it fits in with the historical nature of the district, Blakey said. Councilmember Blakey moved to grant the appeal and send it back to the HPC. Councilmembers Coleman and Harris spoke against the appeal saying they did not feel the HPC erred. Councilmember Lantry pointed out that there are so many restrictions that no one could build on the lot. Motion to grant appeal failed Yeas - 2 Nays - 5 (Benanav, Bostrom, Coleman, Harris, Lantry) (appeal was denied) 47. Public hearing to consider the appeal of Michel & Scot Taylor to a decision of the Board of Zoning Appeals denying a variance of the minimum lot size requirements in order to add a fifth apartment unit to an existing four unit building at 1328 North Dale Street. Councilmember Reiter moved to lay over two weeks. Laid over to March 11 Yeas - 7 Nays - 0 Councilmember Benenav moved for suspension of the rules to introduce the following resolution and lay over one week. Resolution - 98-154 - Authorizing special City Council meetings regarding housing policy. Laid over to March 4 Yeas - 7 Nays - 0 February 25, 1998 City Council Summary Minutes Page 16 • The meeting was adjourned. Yeas - 7 Nays - 0 ADJO RNED AT 8:10 P.M. fr Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy rson \ g \�c1%'' Assistant Council Secretary mce 4111 a c.14 k• to `I a--,I, `.' Ail d` `b0 a? ae? '/) ? CS kIN q �U t N 3--.1 .il N 'r;") (v) ct Y 3 rb J1 cA ,o S GA Z l.- Ic. 0.4 1..1 ha n ,,,t ' s-,, -4-7,- c\.. 3 (4_, v, .__,_ _. Es) y . vi1 -, 3 5. �, G ►•a y d'' a (� f it en 1:64 4 y 4l o © � VI` 4 r ..4 (N -- L U.) 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