Approved Minutes 3-11-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
• Wednesday, March 11, 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 3:35 by Council President Bostrom.
Present - 7 - Blakey, Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 29)
Councilmember Coleman requested Item 16 be laid over four weeks.
Councilmembers Harris and Benanav requested Item 24 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended. Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of December 10, 1997.
• Adopted Yeas - 7 Nays - 0
2. Claims of Michael Lunzer, Stewart Mednick, Metropolitan Council, Margaret Mudek, and John
Schleeter.
Referred to Employee/Risk Management Division
3. Summons and Complaint in the matter of the Democratic-Farmer-Labor Party of Minnesota vs.
Norm Coleman.
Referred to the City Attorney's Office
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on March 25, 1998 to consider the appeal of Beverly Carlson to a decision
of the Planning Commission denying a request for a special condition use permit to allow an auto
specialty store for selling, repairing and mounting used tires at 705 East 7th Street (northwest side
between Maria and Bates).
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on March 25, 1998 to consider the appeal of John and Joanne Valiukas to
a decision of the Planning Commission denying a determination of similar use to determine
whether growing nursery stock and crops, along with retail sales of gardening supplies, is an
agricultural use and therefore permitted in a residential zoning district at 13XX Point Douglas
Road (east side between Carver and the City limits)
•
March 11, 1998 City Council Summary Minutes Page 2
• 6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on Wednesday, March 25, 1998 to consider the appeal of
TPI/CMS St. Paul Limited Partnership to a decision of the Board of Zoning Appeals denying
three variances in order to construct an off-street surface parking lot at 55 East Fifth Street (corner
of Fifth and Minnesota Streets).
7. Letters from the Department of Fire and Safety Services/Code Enforcement declaring 447 Banfil
Street, 449 Banfil Street, 1005 Jessie Street, and 270 West Seventh Street as "nuisance properties."
(For notification purposes only; public hearings will be scheduled at a later date if necessary.)
8. Administrative Order:
D001457 Addition of$1,252.00 to the contract for the demolition/site clearance of 1032
Conway Street.
Noted as on file in the City Clerk's Office
9. Resolution - 98-168 - Approving the 1997-1998 Agreement between the City of Saint Paul and the
Classified Confidential Employees Association. (To be laid over one week for adoption)
Laid over to March 18 for adoption
10. Resolution - 98-169 - Approving the Amendment to the 1997-1999 Collective Bargaining
Agreement between the City of Saint Paul and the Saint Paul Police Federation. (To be laid over
• one week for adoption)
Laid over to March 18 for adoption
11. Resolution - 98-170 - Approving the appointment of Councilmember Michael Harris to the Saint
Paul/Ramsey County Children's Initiative Board of Directors.
Adopted Yeas - 7 Nays - 0
12. Resolution - 98-171 - Approving the appointment of Councilmember Kathy Lantry to the Family
Housing Fund Board of Directors.
Adopted Yeas - 7 Nays - 0
13. Resolution - 98-172 - Approving the appointment of Councilmember Kathy Lantry to the Twin
City Area Labor-Management Council Board of Directors.
Adopted Yeas - 7 Nays - 0
14. Resolution - 98-173 - Urging the National League of Cities to take a leadership role in reducing
greenhouse gas emissions.
Adopted Yeas - 7 Nays - 0
15. Resolution - 98-174 - Finalizing City Council action taken December 10, 1997 denying the appeal
of Mary Lou Law to a decision of the Planning Commission denying a non-conforming use permit
to establish that a duplex is a legal non-conforming use of property at 1354 Birmingham Avenue.
Adopted Yeas - 7 Nays - 0
March 11, 1998 City Council Summary Minutes Page 3
. 16. Resolution - 98-175 - Recommending that fees be waived when an appeal of a Zoning
Administrator, Planning Commission or Board of Zoning Appeals decision is commenced by a
neighborhood district council.
Laid over to April 8 Yeas - 7 Nays - 0
17. Resolution - 98-176 - Establishing a new project in the 1998 Capital Improvement Budget entitled
Harding Tennis Courts - Construction.
Adopted Yeas - 7 Nays - 0
18. Resolution - 98-177 - Amending the Dayton's Bluff Recreation Center building project budget.
Adopted Yeas - 7 Nays - 0
19. Resolution - 98-178 - Establishing a new project in the 1998 Capital Improvement Budget entitled
Harriet Island Park Reconstruction.
Adopted Yeas - 7 Nays - 0
20. Resolution - 98-179 - Authorizing the proper City officials to apply to the Department of Natural
Resources for funding for the Highwood Park Preserve Acquisition Project.
Adopted Yeas - 7 Nays - 0
• 21. Resolution - 98-180 - Authorizing the proper City officials to apply to the Department of Natural
Resources for funding for the Groveland Recreation Center Play Area Reconstruction Project.
Adopted Yeas - 7 Nays - 0
22. Resolution - 98-181 - Authorizing the Division of Parks and Recreation to undertake a Pest
Control Program on City park properties and post notification of same.
Adopted Yeas - 7 Nays - 0
23. Resolution - 98-182 - Amending the spending and financing plans in the Department of Public
Works for the Phalen Wetland Restoration Project by adding funding from the Port Authority and
Metropolitan Council.
Adopted Yeas - 7 Nays - 0
24. (Discussed after the consent agenda)
25. Preliminary Order - 98-184 - In the matter of condemning and taking a temporary easement in
connection with the improvement of Swede Hollow Park, and setting date of public hearing for
April 22, 1998. (File #18862 E2)
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 98-185 - In the matter of improving the alley in Block 5, St. Anthony Park
North (bounded by Dudley, Grantham, Hoyt and Chelmsford) by grading and paving with
• bituminous material, and setting date of public hearing for April 22, 1998. (File #18867)
Adopted Yeas - 7 Nays - 0
March 11, 1998 City Council Summary Minutes Page 4
• 27. Preliminary Order - 98-186 - In the matter of condemning and taking an easement in the land
necessary for the slope, cuts and fills in connection with the grading and paving of the alley in
Block 5, St. Anthony Park North (bounded by Dudley, Grantham, Hoyt, and Chelmsford), and
setting date of public hearing for April 22, 1998. (File #18867-S)
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 98-187 - In the matter of improving the alley in Block 158, Robertson's
Addition (bounded by Bellows, Delos, Bidwell & Isabel), by grading and paving with bituminous
material, and setting date of public hearing for April 22, 1998. (File #18868)
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 98-188 - In the matter of condemning and taking an easement in the land
necessary for the slope, cuts and fills in connection with the grading and paving of the alley in
Block 158, Robertson's Addition (bounded by Bellows, Delos, Bidwell, & Isabel), and setting
date of public hearing for April 22, 1998. (File #18868-S)
Adopted Yeas - 7 Nays - 0
24. Resolution - 98-183 - Approving contracts with Koll, Morrison and Charpentier, and Jardine,
Logan and O'Brien law firms to provide legal professional services in workers' compensation
• matters.
Councilmember Benanav indicated he would excuse himself from voting on this resolution due to
a conflict of interest.
Councilmember Harris questioned Peg Birk, City Attorney, as to how much has been paid in the
past for legal professional services for workers' comp matters and if it is a continuation of a
similar agreement. Ms. Birk responded that in the past the City has had a contract with Jardine,
Logan and O'Brien but she thought this was the first contract with Koll, Morrison & Charpentier.
In the past four years, the fees have averaged about $44,00 per year and the money is budgeted in
the Office of Risk Management.
Ms. Birk explained that the reason outside counsel has been obtained for workers' compensation is
because there is not the expertise within the City Attorney's Office to litigate those cases.
Councilmember Harris noted that this amounts to about 400 hours of work. He asked if it's too
expensive to hire someone for the City Attorney's Office to do this work. Mr. Reid said the cost
has varied between a low of $32,000 and a high of$46,000 over the last four years. This will be
looked at during the 1999 budget process and an assessment will be done of the benefits and the
costs of continuing to purchase external services versus providing them internally. There are costs
and benefits that have to be considered, both short term and long term, when making that
decision.
Councilmember Harris requested that the Council be provided with information on the number of
city attorneys and what the budget has been over the past four to five years.
March 11, 1998 City Council Summary Minutes Page 5
• Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 Abstention - 1 (Benanav)
FOR DISCUSSION
30. Presentation by the Treasury Division on the fees and costs for bond issuance. (Laid over from
February 25) (See C.F. 98-117 adopted February 11, 1998)
Councilmember Blakey moved to lay over four weeks at the request of Joe Reid, Budget Office.
Laid over to April 8 Yeas - 7 Nays - 0
31. Report by the Office of the City Attorney and the Finance Department regarding policies,
expenditures, and budget related to the hiring of private legal and lobbying services on behalf of
the City of Saint Paul. (Requested by Council on February 11; C.F. 98-117)
(Blakey left and returned during the discussion)
Peg Birk, City Attorney, and Joe Reid, Budget Office, appeared and presented a joint report on
outside legal fees for the years between 1994 and 1997. The Council was provided with a three-
part report consisting of A) The Public Benefit: the City Attorney administrative procedures on
hiring outside legal counsel; B) The Policy and Management Rationale for Major Outside Legal
Expenditures; C) The Finance Directors Analysis of Legal Related City and HRA Expenditures as
• well as Finance Department Administrative Procedures for Employment of Outside Legal
Services. The report was reviewed and a question and answer period ensued.
32. 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; laid
over from February 25) and a report from the Mayor regarding the Fire Chief.
Chief Timothy Fuller appeared and presented to the Council the Fire Department's response to the
performance audit. He stated that out of the process of researching the issues, some new
initiatives and action plans for the department have been initiated. He extended his thanks and
appreciation to the Fire Department employees for their time and effort into this project.
Since the applicable report was not in the possession of all Councilmembers, Councilmember
Blakey moved to lay over one week to obtain the correct information.
Laid over to March 18 Yeas - 7 Nays - 0
33. Administrative Order:
D001447 Amending the 1997 budget of the Housing and Redevelopment Authority Debt
Service Fund to reflect correction to object codes, increases in sales tax revenue and
STAR funds, and decrease due to interim funding not needed for Lawson project.
(Laid over from March 4)
Councilmember Harris moved to lay over two weeks at the request of staff.
• Laid over to March 25 Yeas - 7 Nays - 0
March 11, 1998 City Council Summary Minutes Page 6
•
34. Report by Pam Wheelock, Department of Planning and Economic Development, on
recommendations and criteria for applying the Vendor Outreach program to the Department's
economic development programs, and the results of the initial application. (Per C.F. 97-1037
adopted August 27, 1997) (Laid over from March 4)
Councilmember Blakey moved to lay over two weeks.
Laid over to March 25 Yeas - 7 Nays - 0
35. Resolution - 98-120 - Finalizing City Council action taken January 28, 1998 concerning adverse
action against licenses held by Billy's on Grand, 857 Grand Avenue. (Laid over from March 4)
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
ORDINANCES
36. First Reading - 98-189 - An ordinance finalizing City Council action taken February 4, 1998
approving the petition of Ju H. Lee to rezone property at 1567 7th Street West from RM-2 to OS-
1. (Public hearing held February 4, 1998)
Laid over to March 18 for second reading
37. First Reading - 98-190 - An ordinance amending C.F. 98-43 relating to a replacement franchise
• for cable service.
Laid over to March 18 for second reading
The meeting was recessed at 4:30 and reconvened at 5:30 p.m.
Roll Call: Present - 6 Absent - 1 (Harris) arrived shortly after roll call.
PUBLIC HEARINGS
38. Public hearing to consider the appeal of the Snelling Hamline Community Council to a decision of
the Planning Commission granting a sign variance at 326 North Snelling Avenue.
Jim Zdon, Department of Planning and Economic Development, presented a staff report and
showed slides of the property. He noted that the current business sign is 50 ft. high. Because the
entire structure is being replaced, a variance of 12-1/2 ft. is required. The Legislative Code
allows 37-1/2 ft. for a sign and a 50 foot sign is being requested. The staff report recommended
approval to the Zoning Committee and the Zoning Committee recommended approval on a 4-2
vote. On a vote of 12-3 the Planning Commission also voted approval of the sign and variance.
Councilmember Benanav asked how many residences are in the immediate vicinity of this
business. Mr. Zdon responded that there are no residences immediately adjacent to the property.
There are about eight to ten residential properties on the block.
March 11, 1998 City Council Summary Minutes Page 7
41110 Mr. Benanav noted that the sign Mr. Showalter wants to put up is the same height as the existing
Union 76 sign. He asked about the square footage of the new sign. Mr. Zdon responded that the
square footage will be larger but will still be within code limits.
In response to a question of Council President Bostrom, Mr. Zdon said he was not aware of any
regulations on the illumination of a sign at night.
Appearing in support of the appeal were the following individuals:
John Van Hecke, President, Snelling Hamlin Community Council
Adam Clift, 1555 Carrol Avenue
Karen Dalton, 1683 Laurel Avenue.
George Jurgenson, 1530 Ashland Avenue
Appearing in opposition to the appeal was:
Jerry Showalter, Service Station Owner, 326 North Snelling Avenue
Councilmember Benanav asked Mr. Showalter if he has checked with the Minnesota Department
of Transportation (MNDOT) about putting up an informational sign on the freeway which could
be seen from both directions. Mr. Showalter responded that he has not but he was aware that
many times in the core city there is not an option for getting the informational signs. Mr.
aBenanav said he did check with MNDOT and he was told there is a possibility that signs could be
installed. He said one of his concerns is that all the options have not been examined such as an
informational sign on the freeway.
Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Blakey said he felt there should be a way to test the illumination of signs and the
information should be available. He requested that staff look into this. Council President
Bostrom suggested that the Billboard Committee could look into this issue. Blakey further stated
that he wants to support businesses but there has to be a balance between the neighborhood and the
business community.
Councilmember Benanav moved to grant the appeal. He read from a law text on municipal
corporations pertaining to variances. "The general rule is that variances and exceptions are to be
granted sparingly, only in rare cases and under peculiar and exceptional circumstances.
Otherwise, zoning regulations would be emasculated by exceptions until all plan and reason would
disappear and zoning, in effect, would be destroyed. A variance should be granted only in cases
of extreme hardship." Councilmember Benanav said he does not feel Mr. Showalter's request
meets the test of exceptional circumstance. Further, two legitimate interests need to be balanced:
the interest of the business and the interest of the neighborhood. The neighbors deserve and have
the right to live in an area with mixed use but with somewhat limited encroachment. Putting a
large and better illuminated sign that currently exists is a further encroachment on the
•
neighborhood, he said.
March 11, 1998 City Council Summary Minutes Page 8
• Motion of Intent - Appeal Granted Yeas - 6 Nays - 1 (Reiter)
Councilmember Benanav moved to waive the $150 filing fee for the district council.
Councilmember Blakey noted that the City funds the district councils and he did not feel this
would be appropriate. Councilmember Harris concurred as he wants to make sure that when
someone files an appeal, they have a good argument.
Councilmember Benanav responded that they do not want to encourage people to appeal
everything, but this is a situation where the neighbors had a legitimate argument and the Council
voted to grant their appeal. It can be argued that if the $150 fee is imposed on a district council
that may have a legitimate argument, there may be a negative effect on their ability to appeal these
types of things.
Motion failed Yeas - 3 Nays - 4 (Blakey, Bostrom, Harris, Reiter)
39. 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. (Laid over from
February 25)
• Larry Zangs, Office of License, Inspections, and Environmental Protection (LIEP) provided a
staff report saying the applicant applied for variances in December, the Board of Zoning Appeals
heard the request in January, staff recommended denial and the Board concurred and also
recommended denial of the variance. The District 6 Community Council also has recommended
denial of the variance.
Michel Taylor, 1328 North Dale Street, the appellant appeared. She explained that she and her
husband purchased the property two years ago and at that time it was a fourplex. However, the
home is set up to be a fiveplex. The previous owner made it into a fourplex to make it more
marketable. Changing it to a fiveplex will not require any structural changes, Ms. Taylor said, as
the fifth apartment is already in place. It has been inspected by a fire inspector and meets the
standards. Ms. Taylor said the additional unit is needed for economic reasons to maintain the
structure. She indicated that they have the support of the neighbors and she presented a petition
signed by them. She also noted that there is ample room for parking.
Councilmember Lantry asked Ms. Taylor what has changed since the house was purchased that
they now feel they need the additional unit. Ms. Taylor responded that the structural problems
and changes that had to be made were more than they originally thought. Correcting the problems
was required in order to maintain the certificate of occupancy.
Councilmember Coleman asked if the zoning or the use was changed. Ms. Taylor responded that
• the zoning was changed and subsequently the use.
March 11, 1998 City Council Summary Minutes Page 9
aMr. Zangs added that the zoning is correct for a multi-family development but it is the lot area
that is not conforming at this time. The use as a fiveplex or a four unit building would be
conforming in the district but it does not meet lot area requirements in either case. It was certified
for five units up until 1995. When the former owners changed it to four units, the building was
then recertified as a four-unit building. It has never gone through a formal non-conforming use
permit process through the Planning Commission.
Phil Byrne, Assistant City Attorney, explained that the criteria under which the Council can grant
a variance from the zoning code are spelled out in section 64.203 of the Code. The Council
would have to make a finding that the request for the variance is not based primarily on a desire to
increase the value or income potential of the parcel of land.
Councilmember Reiter moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry moved to deny the appeal.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 0 Abstention - 1 (Reiter)
40. Resolution- 98-153 - Approving application for a Liquor On Sale ° license by Calvin's Inc., 244
7th Street West. (ID #19970000192) (Laid over from February 25)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing .
• Yeas - 7 Nays - 0
Councilmember Coleman moved to lay over one week Yeas - 7 Nays - 0
41. Resolution - 98-191 - Approving application for a State Class B Gambling Premise Permit by
Gavin Burnham on behalf of Minnesota Brass at Michael's, 1179 East 7th Street. (ID #B-00444)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
42. Resolution - 98-192- Approving application for Gas Station and Cigarette/Tobacco Licenses by
Seaport Inc., dba Total, 281 Snelling Avenue North. (ID #19980000054)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
43. Resolution - 98-193 - Approving application for an Auto Repair Garage License by A-Z All Auto
Repair and Body, 411 Wabasha Street South. (ID #19970000193)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
•
March 11, 1998 City Council Summary Minutes Page 10
• 44. Resolution - 98-194 - Approving application for Grocery C, Gas Station, and Cigarette/Tobacco
Licenses by Mini Pac Inc., dba Ashland Station, 1170 Arcade Street. (ID #19970000216)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0 •
45. Resolution - 98-195 - Approving application for a Gambling Manager License by Roger Chelberg,
dba Anderson Nelson VFW Post 1635, 648 Lawson Avenue East. (ID #19980000439)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
46. Resolution - 98-196 - Approving application for a Parking Lot/Parking Ramp License by Great
Lakes Reit Inc, 2550 University Avenue West. (ID #19970000051)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
47. Resolution - 98-197 - Approving 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.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
(Harris left)
48. Resolution - 98-76 - Approving public acquisition of 915-917 Ashland Avenue, Summit
University District 8. (Laid over from February 11)
Councilmember Blakey noted that this item had been laid over as the neighborhood wanted to keep
the property but they were not able to gain access.
Curt Miller, Department of Planning and Economic Development (PED), appeared and said that
PED has been attempting to do something with this property. A new resolution was prepared
adding two points: 1) After commencement of condemnation action, but prior to final action under
eminent domain, staff will request court approval to enter the property to evaluate the condition
with an appraiser and a construction specialist. 2) After review of the conditions and prior to final
action, staff will present findings to the City Council for final approval.
Councilmember Blakey moved to introduce the substitute and approval.
Yeas - 6 Nays - 0 (Harris not present for vote)
(Hams returned; Coleman left)
March 11, 1998 City Council Summary Minutes Page 11
• 49. Resolution - 98-198 - To consider the release of a part of vacated Eighth Street in Swede Hollow
Park to clear title to a property.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Coleman not present for vote)
(Items 50 & 51 were voted on and denied but were reconsidered at the end of the meeting due to
improper terminology on the vote)
50. Final Order - 98-38 - In the matter of improving the alley in Block 19, Merriam Park Addition
(bounded by Iglehart, Wilder, Carroll and Moore), by grading and paving with bituminous
material. (File #18865) (Laid over from February 11)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
denial
Yeas - 6 Nays 0 (Coleman not present for vote)
Councilmember Benanav moved to reconsider Items 50 & 51 Yeas - 7 Nays - 0
Councilmember Benanav moved approval.
Failed Yeas - 0 Nays - 7
• 51. Final Order - 98-39 - In the matter of improving the alley in Block 19, Merriam Park Addition
(bounded by Iglehart, Wilder, Carroll and Moore), by grading and paving with bituminous
material. Also, condemning and taking an easement in the land necessary for the slopes, cuts and
fills in the grading and paving of said alley. (File #18865-S) (Laid over from February 11)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Yeas - 6 Nays - 0 (Coleman not present for vote)
Councilmember Benanav moved approval.
Failed Yeas - 0 Nays - 7
(Coleman returned)
52. Public hearing to consider a petition which alleges a public nuisance at 556-558 Blair Avenue.
(Laid over from February 11) (To be laid over to March 25)
Councilmember Blakey moved to lay over to April 8 and requested that Council Research staff
notify the owners and interested parties.
Laid over to April 8 Yeas - 7 Nays - 0
•
March 11, 1998 City Council Summary Minutes Page 12
. 53. Appeal of Mary Dabney to a summary abatement order for property at 790 Laurel Avenue.
(Legislative Hearing Officer recommends denial) (Laid over from February 11)
Councilmember Blakey reported that Twin City Garage donated a door for this property and it was
installed by Council staff. Councilmember Blakey moved to withdraw the appeal.
Withdrawn Yeas - 7 Nays - 0
54. Resolution - 98-199 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 1820 Larpenteur Avenue East, 1825 Idaho Avenue East, and
782 Fourth Street East.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
55. Resolution - 98-200 - Ordering the owner to remove or repair the building at 26 Acker Street West
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to complete rehabilitation provided a code compliance inspection is
completed and a $2,000 bond is posted by noon, March 11)
Gerry Strathman, Legislative Hearing Officer, reported that the bond was not posted and he
recommended approving the order to remove or repair within 15 days.
• No one appeared in opposition; Councilmember Reiter moved approval.
Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0
56. Resolution - 98-201 - Ordering the owner to remove or repair the building at 977 Burr Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
57. Resolution - 98-202 - Ordering the owner to remove or repair the building at 202 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the June 2 Legislative Hearing)
Councilmember Blakey moved approval to remove or repair the building within 15 days.
Gerry Strathman, Legislative Hearing Officer, stated that this building was condemned in June
1997 and has been vacant since July 1997. It ended up in the hands of the State of Minnesota trust
exempt and the Housing and Redevelopment Authority (HRA) placed a hold on the property. On
two different occasions there have been buyers for the property but the tax exempt agency were
prohibited from selling it because of the HRA hold. Recently, the HRA decided to release the
property, however, there is no opportunity for the tax exempt agency to sell it until the next
• scheduled auction on May 28, 1998. Mr. Strathman said the reason he recommended laying it
March 11, 1998 City Council Summary Minutes Page 13
• over was that he felt the HRA had done a disservice to the agency with the tax exempt property in
terms of barring the two sales.
Councilmember Blakey stated that staff from the Greater Frogtown Community Development
Corporation, Habitat for Humanity and the Wilder Foundation all went through the house and
reported that it cannot be reasonably rehabilitated. Also, the neighbors want it taken down.
Councilmember Blakey said once it is demolished, it is his understanding that the property will be
able to be purchased for $1.00 and the Greater Frogtown CDC will build a new home on the
property.
Joe O'Brien, Greater Frogtown CDC, appeared, and confirmed that rehab cannot be done.
Adopted (remove or repair within 15 days)
Yeas - 4 Nays - 3 (Benanav, Coleman, Harris)
58. Resolution - 98-203 - To consider the vacation of streets for construction of the new Science
Museum.
Councilmember Harris stated that the City may be held liable for delays, etc., with regard to the
relocation of Plastics, Inc. and he questioned if the vacation of these streets is fitting in with the
overall issues with the Science Museum.
• Peter White, Real Estate Division, responded that the streets to be vacated do not include streets
that abut Plastics, Inc. property. There is an upcoming public hearing to consider the acquisition
and condemnation of the Plastics site which may be a good time to get a report on some of the
other activities that are taking place.
Councilmember Coleman noted that at the March 25 City Council meeting the issue of Plastics,
Inc. will be discussed. Negotiations have continued and the necessary legal proceedings have been
started.
Councilmember Harris expressed concern about proceeding with this resolution since there is a
possibility of legal action and he suggested that maybe it should be laid over.
Council President Bostrom pointed out that the streets to be vacated are for construction of the
Science Museum and are not streets that can or will be used by Plastics, Inc. Peter White
concurred with Bostrom saying it would be ok to lay over but he did not feel it affects Plastics,
Inc.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
•
March 11, 1998 City Council Summary Minutes Page 14
59. Appeal of JoAnne Nixon and David Tonnar to a Summary Abatement Order for property at 842
Edmund Avenue. (Legislative Hearing Officer recommends denying the appeal)
Councilmember Blakey moved to deny the appeal.
Appeal Denied Yeas - 7 Nays - 0
60. Public hearing 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).
Kady Dadlez, Department of Planning and Economic Development, presented a staff report. She
stated that Mr. Tilmon, the appellant, originally applied for a special condition use permit to allow
him to rent U-Haul trucks and trailers on the property. That activity would be in addition to the
existing business, a lock and key service. The Zoning Committee of the Planning Commission
held a public hearing in January and recommended denial of the permit and the Planning
Commission also voted to deny the permit. The denial was based on some findings that were not
met; primarily the lot area requirement. The Zoning Code requires a minimum lot area of 15,000
sq. ft. for outdoor rental of cars, trucks or trailers and the applicant's property is slightly more
than 5,000 sq. ft. In terms of the Comprehensive Plan, there was some citations in the staff report
from the District 4 Plan and the Near Inside Neighborhood Improvement Strategy. Ms. Dadlez
noted that this property has been the subject of many permit applications and appeals. In 1995,
1996 and 1997 there were applications for special condition use permits to allow outdoor sales of
• used vehicles and the City Council denied all of those appeals. In 1996 the Zoning Code was
amended to establish a minimum lot area of 16,000 sq. ft. for used cars and rentals, Dadlez noted.
Darrell Tilmon, the appellant, appeared. He said he feels the problem lies with the used car lot
operated by the previous owner. He wants to operate the trailer-truck rental and the lock and key
business as a whole as he feels one will serve the purpose for the other one. He said the neighbors
are supportive of his business.
Appearing and speaking in opposition to the appeal were: Harvey Asmus and Bertha Asmus, 860
Margaret Street.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry moved to deny the appeal stating that this type of operation is not suited to
the small space.
Motion of Intent - Appeal Denied Yeas - 7 Nays - 0
Items 50 and 51 were reconsidered at this time. (See page 11)
A short discussion took place regarding the appointment of a City Council on the selection committee for
a new superintendent for the St. Paul School District. Councilmember Blakey felt the entire Council
should take part in the decision and the criteria. Councilmember Bostrom indicated that if
• Councilmembers have issues that they would like presented to the committee, they should be given to
March 11, 1998 City Council Summary Minutes Page 15
• Councilmember Benanay. It was also agreed to discuss this issue further at the March 18 City Council
meeting.
Councilmember Blakey moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 7:40 P.M.
kOilifiti
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy And on � U �, Vt° g'
Assistant Council Secretary
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