Approved Minutes 3-25-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
• Wednesday, March 25, 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 p.m. by Council President Bostrom.
Present - 5 - Benanav, Blakey, Bostrom, Harris, Lantry
Absent - 2 - Coleman (arrived later in the meeting), Reiter (excused)
CONSENT AGENDA (Items 1 - 15)
Councilmember Harris requested Item 9, D001463, D001464, D001474, & D001482 be laid over
one week.
Councilmember Lantry requested Item 9, D001468-1470, D001480 & D001483-D001491 be
removed for discussion.
Councilmember Blakey requested Item 9, D001476 be removed for discussion
Councilmember Blakey requested Item 14 be removed for discussion.
• Councilmember Harris moved approval of the consent agenda as amended. Yeas - 5 Nays - 0
MISCELLANEOUS
35. Recognition of Retiring City employees.
Jim Snyder, Chief Accountant, and Beverly Wickstrom, Office of Human Rights, were recognized
for 33 years of service each to the City.
FOR ACTION
1. Approval of minutes of January 7, 1998.
Adopted Yeas - 5 Nays - 0
2. Claims of Marvyl Hansen, Verla Neilsen, Gerald Peterson, Janelle Lord, Todd Klemmensen,
David Morford, Emmett O'Reilly, Jr., Triviski's, and True Xiong.
Referred to the City Attorney's Office
3. Order Opinion in the matter of Fleet Mortgage Corp. vs. the City of Saint Paul.
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 April 8, 1998 to consider the application of River Town Homes, LLC
for a preliminary and final plat (Cohansey Park Town Homes) to allow the property to be
subdivided into lots for 28 town homes in the area bounded by Larpenteur, Mackubin, Idaho, and
March 25, 1998 City Council Summary Minutes Page 2
• Cohansey.
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on April 22, 1998 to consider adverse action against the cigarette license held by A.C.A.
Management Services, dba Amoco Food Shop, 1347 University Avenue. (Uncontested)
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on April 22, 1998 to consider adverse action against the cigarette license held by Joseph L. Brost,
dba Grand Wheeler Sinclair II, 1345 Grand Avenue. (Uncontested)
7. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on April 22, 1998 to consider adverse action against the cigarette license held by Little Grocery,
1724 University Avenue West. (Uncontested)
8. Letters from Fire and Safety Services/Property Code Enforcement declaring 598 Lawson Avenue
East, 429 7th Street East, and 590 York Avenue as "nuisance properties." (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
9. Administrative Orders:
D001463 Amending the 1997 budget in the Office of Financial Services to balance 1997
expenditures for General Government Accounts.
• D001464 Amending the 1997 budget in the Office of the City Attorney to use unspent salary
dollars to cover the cost of temporary employees.
Laid over to April 1 Yeas - 5 Nays - 0
D001465 Deduction of$673.06 from the contract for Como Park Picnic Pavilion.
D001466 Authorizing payment, not to exceed $3,500.00, to Public Art Saint Paul for additional
services in connection with the Capital Centre Plaza artist selection process.
D001467 Extending the contract completion date from June 30, 1997 to September 15, 1997 for
Phalen Wetlands.
Noted as on file in the City Clerk's Office
D001471 Addition of$400.00 to the contract for Red Rock South-Lift Station Reconstruction.
D001472 Addition of$37,318.63 to the contract for Cretin-Bayard Residential Street Vitality
Program.
D001473 Amending the 1997 budget in the Department of Libraries to cover negative balances
in several major object codes and activities within the General Fund budget.
Noted as on file in the City Clerk's Office
D001474 (Removed for discussion)
D001475 Addition of$35,004.74 to the contract for Como Park Pavilion.
Noted as on file in the City Clerk's Office
• D001476 (Removed for discussion)
March 25, 1998 City Council Summary Minutes Page 3
• D001477 Amending the 1997 budget of Executive Administration, Special Projects - General
Government Fund, to cover spending deficits.
D001478 Amending the 1997 budget of Executive Administration, General Fund, to cover
deficits.
D001479 Authorizing payment, not to exceed $2,500, to the Saint Paul Arts Partnership for the
marketing campaign.
Noted as on file in the City Clerk's Office
D001480 (Removed for discussion)
D001481 Amending the 1997 budget of Executive Administration for the Children's Initiative.
Noted as on file in the City Clerk's Office
D001482 (Removed for discussion)
D001483 - D001491 (Removed for discussion)
D001492 Amending the 1997 budget of the Housing Information Office to cover a negative
variance in the Mortgage Foreclosure program.
D001493 Amending the 1997 budget in the Department of Planning and Economic
Development Parking and Transit Fund.
D001494 Amending the 1998 budget in the Department of Planning and Economic
• Development to allocate funds from the STAR Business Revolving Loan Program to
the James Productions, Inc. Project and the Snelling Business Center Project.
D001495 Amending the 1997 budget in the Offices of the City Council to cover additional costs
associated with legislative staff members receiving termination pay at the end of 1997.
D001496 Amending the 1997 budget in the Department of Libraries, Interlibrary Loan fund.
D001497 Amending the 1997 budget in the Department of Fire and Safety Services, Nuisance
Housing Abatement budget of the Housing Code Division.
Noted as on file in the City Clerk's Office
10. Resolution - 98-219 - Establishing the rate of pay for the position of"Library Facilities Manager."
Adopted Yeas - 5 Nays - 0
11. Resolution - 98-220 - Establishing the rate of pay for the new classes, Project Facilitator I and
Project Facilitator II.
Adopted Yeas - 5 Nays - 0
12. Resolution - 98-221 - Directing the Office of License, Inspections and Environmental Protection
(LIEP) to develop adverse action procedures for courier and delivery vehicle permits.
Adopted Yeas - 5 Nays - 0
13. Resolution - 98-222 - Approving execution of an approximate $250,000 conduit tax-exempt lease
to finance acquisition of manufacturing equipment at ADDCO, Inc.'s new office and production
• facility of approximately 77,000 square feet in the Arlington Business Center.
Adopted Yeas - 5 Nays - 0
March 25, 1998 City Council Summary Minutes Page 4
14. (Removed for discussion)
15. Resolution - 98-224 - Changing the current composition of the Community Health Services
Advisory Committee by expanding the membership of the Committee from 21 to 23 members.
Adopted Yeas - 5 Nays - 0
9. Administrative Orders:
10.
Questions were raised by various Councilmembers on the following Administrative Orders and it
was agreed to lay them over in order to receive staff response to questions.
D001468 Addition of$139,867.07 to the contract for Howell-Montreal CSSP.
D001469 Addition of$137,126.19 to the contract for Dale Street Widening.
D001470 Addition of$103,844.36 to the contract for Irvine Avenue Storm Sewer and Paving.
Councilmember Lantry moved to lay over one week.
Laid over to April 1 Yeas - 5 Nays 0
D001474 Amending the 1998 budget in the Department of Planning and Economic
Development, Fund 126 PED Operations Fund.
Councilmember Harris moved to lay over one week.
Laid over to April 1 Yeas - 5 Nays - 0
• D001476 Addition of$6,670.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction Mechanical - Parking Ramp Alternate A.
Councilmember Blakey moved to lay over one week.
Laid over to April 1 Yeas - 5 Nays - 0
D001480 Authorizing expenditures, not to exceed $3,300.00 for recognition of the Como Zoo
Docent Association for their contributions.
Councilmember Lantry moved to lay over one week.
Laid over to April 1 Yeas - 5 Nays - 0
D001482 Amending the 1997 budget of Technology and Management Services to consolidate
the entire budget for the Human Resource Management System project into a single
activity and facilitate the close-out that will be completed in 1998.
Councilmember Harris moved to lay over one week.
Laid over to April 1 Yeas - 5 Nays - 0
D001483 Addition of$3,124.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001484 Addition of$14,459.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001485 Addition of$20,398.00 to the contract for Saint Paul Civic Center Expansion, CP-4
• Building Construction.
D001486 Addition of $43,019.00 to the contract for Saint Paul Civic Center Expansion, CP-4
March 25, 1998 City Council Summary Minutes Page 5
• Building Construction.
D001487 Addition of$3,925.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001488 Addition of$14,535.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction
D001489 Addition of$22,467.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001490 Addition of$10,000.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001491 Addition of$23,863.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
Councilmember Blakey moved to lay over one week.
Laid over to April 1 Yeas - 5 Nays - 0
14. Resolution - 98-223 - Requesting that the Saint Paul School Board reconsider its policy regarding
sibling preference and attendance boundaries.
Councilmember Blakey presented amendments to the resolution. He indicated that at Capitol Hill
Magnet School the rule is that there are a certain number of slots for students and some of those
are broken down by students of color. Councilmember Blakey said the information he has
received indicates that the majority of the students of color are being accepted from the suburbs
• and either the children in St. Paul are not being accepted or they cannot pass the entrance test.
Blakey said he had a real concern with this as well as residents who live within walking distance
of the school but are not able to get their children accepted into the school. He said he would like
the School Board to address this issue as well as the others addressed in his amendment.
Councilmember Bostrom stated that he would like to include support for the D.A.R.E. Program in
the resolution. Councilmember Harris suggested that Tom Farrell, staff person from the school
district, be invited to a City Council meeting to answer questions of Councilmembers. as well as
some school board members.
(The vote on this item was taken prior to the public hearings)
Councilmember Harris distributed amendments and moved approval.
Adopted as amended Yeas - 5 Nays - 0 (Blakey & Reiter not present for vote)
FOR DISCUSSION
16. NHL and River Centre update from Mayor Coleman.
Chuck Armstrong, Mayor's Office, appeared and reported that the Mayor and the Deputy Mayor
were both at the hearing at the Legislature at this particular time.
Councilmember Benanav distributed a letter which he sent to Mayor Coleman with a series of
• questions regarding an alternative plan if the money is not received from the Legislature for the
River Centre.
March 25, 1998 City Council Summary Minutes Page 6
• Councilmember Benanav moved to layover the update from the Mayor one week.
Laid over to April 1 Yeas - 5 Nays - 0
(Blakey left)
17. Presentation by the Mayor's Office with respect to the continuing appointment of Fire Chief
Timothy Fuller.
Chuck Armstrong appeared on behalf of the Mayor and reaffirmed the appointment of Chief
Fuller per letter from Mayor Coleman dated March 25, 1998.
18. 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 11)
Councilmember Harris noted that additional information was requested on this issue at the
Housing and Redevelopment Authority meeting and will be presented on April 22, 1998.
Councilmember Benanav moved to lay over to.April 22.
Laid over to April 22 Yeas - 4 Nays - 0 (Blakey not present for vote)
• 19. Update by Jackie Starr on Project Fresh Start Inc. Outreach for Youth Program. (Update
requested by Council on August 27, 1997)
Jackie Starr introduced Javon Jackson, a youth worker with Project Fresh Start, who shared her
perspective of the program which she said she has found to be very helpful to her personally and a
positive work experience.
Councilmember Harris asked Ms. Starr how much of the $25,000 COPP money has been used.
Ms. Starr responded that pretty much all of it has been used and they just recently submitted a
request for the last portion of the money. They broke it down into quarters in order to make the
dollars stretch to meet the program's needs and knowing that it may be difficult to solicit funds
because they are a new program. Ms. Starr said approximately 65 youth have been served which
includes the summer program. They have licensed teachers who are helping with tutoring and
they have about six active participants who are present every day.
(Blakey returned)
20. 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 11)
411 No discussion took place on this item; Noted as on file in the City Clerk's Office.
March 25, 1998 City Council Summary Minutes Page 7
. 21. Resolution - 98-225 - Requesting that the Director of the Office of Human Rights provide an
update on minority and women hiring goals associated with the State Department of Revenue
Building at the March 25 City Council meeting.
Tyrone Terrill, Director, Office of Human Rights, appeared and stated that his department had
received a report shortly before this meeting from the Minnesota Department of Human Rights,
which has the monitoring authority over the Revenue Building. Copies of the report were given to
the Councilmembers. It was agreed to have Mr. Terrill come back before the Council in one
week for a discussion.
Councilmember Blakey moved to lay over one week.
Laid over to April 1 Yeas - 5 Nays - 0
A brief discussion took place between the Councilmembers and Mr. Terrill regarding River
Centre, Mortenson Construction Company and the fact that they have not met the hiring goals
established by the City. Councilmember Blakey noted that there are penalties in place for not
meeting the goals and questioned why this information is considered "privileged and confidential."
Mr. Terrill responded that the financial piece that was in the document was requested by
Mortenson to be confidential. Mr. Terrill informed them that he did not think it could be
confidential if a Minnesota Data Practices request was to be made.
• Councilmember Blakey questioned how the City Council receives the information and if they must
request each individual contract if they wish to see it. Mr. Terrill said his office prepares a
monthly report to the St. Paul Human Rights Commission on projects and he offered to give the
Council copies of the reports or more detailed reports if desired.
Phil Byrne, Assistant City Attorney, stated that in the Vendor Outreach Program ordinance, there
are reporting requirements on an annual basis that come from the City's Purchasing Office.
Questions and answers ensued on the Mortenson Company and their compliance.
ORDINANCES
22. Third 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 April 1 for final adoption
23. Second Reading - 98-216 - An ordinance amending Chapters 60, 61, and 62 of the Saint Paul
Legislative Code pertaining to zoning.
Laid over to April 1 for third reading/public hearing
March 25, 1998 City Council Summary Minutes Page 8
• Suspension Items
Resolution - 98-233 - Authorizing and directing the Mayor and Director of Financial Services to
execute the Agreement Between the City of St. Paul and Continental Cablevision of St. Paul
regarding Terms and Conditions of Proposed Franchise.
Gerry Strathman, Council Research Director, explained that this resolution authorizes the Mayor
and the Director of Finance to enter into an agreement. A companion ordinance was also
introduced (see next item). Mr. Strathman provided background information noting that an
ordinance was previously adopted which granted a cable television franchise to Charter
Communications in St. Louis and authorized them to operate a Cable T.V. system in the City of
St. Paul. The Council also approved an agreement which transferred the authority to operate from
the current franchise holder, Continental Cablevision of St. Paul to Charter Communications. The
reason the agreement was approved by the Council was that a sale of the St. Paul system had been
agreed upon by the current owner, U.S. West and Charter Communications. The agreement
between U.S. West and Charter Communications subsequently broke down, U.S. West decided to
withdraw from the agreement, and that matter is being challenged in the courts. The matter was
also before the Federal Communications Commission (FCC). The FCC had it before them
because it was necessary in order for U.S. West to continue to own and operate the system that
they have the approval of the FCC. That approval was being challenged.
• Recently, the FCC issued a ruling in which they gave the extension necessary so that U.S. West
did formally withdraw its agreement to sell the St. Paul cable system to Charter Communications.
Mr. Strathman said it was his understanding that Charter Communications is continuing to
challenge the decision in court in an attempt to force U.S. West to consummate the deal which
U.S. West has withdrawn from. It is also Mr. Strathman's understanding that Charter
Communication intends to challenge the FCC 's ruling. The status of both the legal suit and the
federal regulatory matter, while U.S. West considers it concluded, clearly is still an issue.
Mr. Strathman said the feeling was that an excellent deal had been negotiated with Charter
Communication regarding a new ten-year franchise with possible five-year extensions for the City.
The agreement with the current franchise holder expires in May 1999. It now appears that Charter
may not be in a position to operate a franchise in St. Paul because of the apparent breakdown of
their agreement with U.S. West to buy the St. Paul system. Therefore, U.S. West was
approached by City staff and was asked if they would agree to the same exact terms with St. Paul
that Charter had agreed to to which U.S. West said they would agree.
The resolution will authorize entering into an agreement with U.S. West and formalizes the
understanding that U.S. West will agree to a franchise. This agreement is needed because at this
point all of the understandings with U.S. West/Media One are verbal and the agreement needs to
be put in writing. It is important to formalize the agreement now because there is still
opportunities for the City to take some actions if U.S. West were not to carry through on their
verbal agreement.
The ordinance is a franchise ordinance which is closelyidentical to theone that was granted to
March 25, 1998 City Council Summary Minutes Page 9
iCharter Communications. If this ordinance is adopted, there will be two identical ordinances on
the books, Strathman said, granting cable television franchises; one to Charter Communications
and one to Continental Cablevision St. Paul which is currently owned by U.S.West. The way it is
structured is that only one of those franchises can ultimately become effective. Whoever wins the
dispute between the two parties in the courts and before the FCC, St. Paul will have a franchise
and when it is all finalized, the City will be completely covered. It does not fundamentally matter
to the City who prevails as whoever it is, the City will have an excellent, highly beneficial
franchise agreement in place, Strathman said. By the Council approving the resolution to enter
into an agreement and start the readings of the ordinance, the matters can move forward. By
doing it at this time, it will avoid the renewal process that would have to be done in May, 1999
and the matter will not have to be dealt with for another ten years.
Councilmember Benanav moved for suspension of the rules and approval.
Adopted Yeas - 5 Nays - 0
Councilmember Harris moved for suspension of the rules to introduce the following ordinance.
Yeas - 5 Nays - 0
First Reading - 98-234 - An ordinance granting a renewal franchise for cable service to
Continental Cablevision of Saint Paul, Inc.
Laid over to April 1 for second reading
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 98-235 - Approving an agreement between the Department of Fire and Safety
Services and Ramsey County to use property at 882 Greenbrier for practicing fire drill procedures.
Adopted Yeas - 5 Nays - 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 98-236 - Honoring David L. Wick as an Eagle Scout and proclaiming Saturday, April
4, 1998 as David L. Wick Day in Saint Paul.
Adopted Yeas - 5 Nays - 0
The meeting was recessed from 4:50 to 5:34 p.m.
Roll Call: Present - 5 Absent - 2 Blakey, Reiter (excused)
(Item 14 was voted on at this time; see page 5)
PUBLIC HEARINGS
24. Third Reading - 98-190 - An ordinance amending C.F. 98-43 relating to a replacement franchise
for cable service.
• GerryStrathman, Council Research Director, noted that this is the ordinance that will amend the
March 25, 1998 City Council Summary Minutes Page 10
ifranchise with Charter Communications. However, the required public notice was not issued in
time and, therefore, he suggested holding another public hearing and the fourth reading in two
weeks.
Councilmember Coleman moved to continue the public hearing for two weeks.
Laid over to April 8 for public hearing/final adoption Yeas - 6 Nays - 0
25. Resolution - 98-226 - Approving application for an Auto Repair Garage License by East Lake
Auto, 809 Berry Street. (ID #0011483)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
26. Resolution - 98-227 - Approving application for a Gambling Manager's License by Richard Robert
Matson, dba St. Paul Festival and Heritage Foundation at Sport's Break, 1199 Rice Street. (ID
#19980000686)
No one appeared in opposition; Councilmember Hams moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
27. Resolution - 98-228 - Approving application for a State Class B Gambling Premise Permit by
• Steve Remington on behalf of St. Paul Festival and Heritage Foundation at Sport's Break, 1199
Rice Street. (ID #B-04985)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval. Adopted Yeas - 6 Nays - 0
28. Resolution - 98-229 - Approving application for a Gambling Manager's License by Shirley Munz,
dba Minnesota Brass/Michael's, 1179 7th Street East. (ID #19980000504)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
29. Resolution - 98-230 - Approving application for Restaurant (B), Liquor On-Sale Sunday,
Restaurant (B) and Cigarette/Tobacco Licenses by The Deephaven Corporation, dba Lexington
Restaurant, 1096 Grand Avenue. (ID #19980000085)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
30. Resolution - 98-231 - To remove and/or revise permit parking zones on blocks or portions of
blocks within Permit Parking Area 11 (Hmong Funeral Home area).
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
• Adopted Yeas - 6 Nays - 0
March 25, 1998 City Council Summary Minutes Page 11
• 31. Final Order in Condemnation Proceedings - 98-232 - In the matter of the condemnation and taking
of certain properties (Plastics, Inc.) for the new Science Museum of Minnesota and for the
construction of Eagle Parkway.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
32. Public hearing 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).
Nancy Frick, Department of Planning Economic Development, presented a staff report. The basis
of the denial for this application by the Planning Commission was that the proposal does not meet
the minimum lot area required in the Zoning Code which is a minimum of 15,000 sq. ft. and the
lot is 12,472 sq. ft.
Roy Carlson, spouse of the applicant, appeared. He stated that they are under the heading of auto
specialty shops which, in a sense, is the same.thing as a body shop and repair shop. However,
they are not repairing cars and are not storing cars on the property so he feels that the ruling from
15,000 to 12,000 sq. ft. should have been relaxed. He felt consideration also should have been
given to the aesthetic work they have done on the property. He said their intentions are to operate
• a good, clean business and employee five to six people. He said he was open to any conditions
being placed on the license just so they can do business.
Councilmember Benanav noted that staff had recommended approval with conditions. Ms. Frick
responded that the recommendation of staff was denial on the basis of not meeting the minimum
lot requirement as stated by the Zoning Code. However, included in the staff report was a
recommendation for seven conditions, including to properly buffer the site, have appropriate
parking, etc., should the Planning Commission decide to waive the minimum lot requirement.
Discussion ensued; Councilmember Lantry moved to close the public hearing and grant the appeal
with conditions.
Motion of Intent - Appeal Granted with Conditions Yeas - 6 Nays - 0
33. Public hearing 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).
Kady Dadlez, Department of Planning and Economic Development, provided a staff report. She
noted that the Valiukas' have a contract to purchase the property. Their intention is to establish a
use in which they would be growing some nursery stock and crops in addition to selling water
gardening supplies. This is property that was once an apple orchard but is zoned residential. The
Zoning Administrator was not able to make a determination that what the applicant's were
March 25, 1998 City Council Summary Minutes Page 12
• proposing would be something that would be allowed in a residential zoning district. Agriculture
is a use that is allowed in a residential zoning district but it requires a special condition use permit.
Because the Zoning Administrator was not able to make a determination, the applicants went to
the Planning Commission for a determination of similar use; i.e., the Planning Commission was
being asked to determine whether the proposal is allowed in a residential zone because it is similar
to some other uses that are allowed in a residential zoning district.
The Planning Commission voted to deny the determination of similar use based on findings that
the requirements for the approval were not met.
John Valiukas, appellant, appeared and stated that in the fall of 1996 they talked to staff in the
Zoning Office and gave them a list of what they presently do and what they were proposing to do.
Zoning approved the things they could do with the land. They were told it was zoned farming or
could be reverted back to farming easily. Now they were being told it is zoned residential large
lot and Zoning was not able to tell them when the change was made. They were told off the
record that they could run their landscaping and lawn maintenance business "as is", they could
raise and sell nursery stock, and that they would need a special use permit to sell similar use items
such as the retail items to go with the nursery stock. The similar use is now totally different as
they were under the assumption that they were going for similar use to sell the retail to go with the
nursery stock items. The land is slightly over 5.5 acres and about 80% of the land would be
growing stock. About another one-half acre would be display areas for holding stock, so only
• about one-half acre would be retail and would include the business offices and storage of
equipment. About 75-80% of the actual sales is from the land for retail.
(Benanav left and returned)
Larry Nielsen, Attorney representing K-6, the owner of the property, appeared. K-6 has sold the
property under a contract with the Valiukas'. He provided background information on this
property saying it waspreviously the same type of operation. It has been vacant since December
1993, it has been for sale, and there has basically been no interest in anyone buying the property
for residential purposes. He does not feel the property is residential and should be considered
commercial property. He felt it would be a very similar use under the Valiukas as to what the
previous apple orchard had there and in many ways is similar to some of the uses allowed under
the residential zoning.
Tim Colestock, a close resident to this property, appeared and spoke in support.
Appearing and speaking in opposition was Mark Howard who stated that he lives in very close
proximity to the property. The building the Valiukas plan to sell merchandise from was to have
been torn down which was part of the purchase agreement when he bought his house and he
expected new homes to go on this space.
Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0
1111
Councilmember Lantry moved to deny the appeal. She said that this particular lot is zoned
March 25, 1998 City Council Summary Minutes Page 13
• residential and this business is not a residential use.
Motion of Intent - Appeal Denied Yeas - 5 Nays - 1 (Coleman)
(The meeting was recessed from 7:00 to 7:08 p.m.)
At this time Mr. Frank Biller, President of Plastics, Inc. appeared. He stated that they
understand the City has obligations to the Science Museum to deliver the property and that the
public interest has to be protected in terms of not only completing the museum on time but trying
to minimize costs. There is a gap in terms of the eminent domain numbers, what has been put on
the table for them and what they are looking for. Mr. Biller stated the City does not have to give
them anything. Their position on the whole issue is that they do not want to move and do not
want to disrupt their business for a variety of reasons. He said they need some help in dealing
with the Science Museum as they have been trying to contact them and the director refused to
meet with him the last week. He met with one of the staff but was told it was not open for
discussion. Their attorney sent over a resolution that they asked the Council to consider as part of
the eminent domain proceeding that would state in the event that they do work something out with
the Science Museum, the City would stop the eminent domain proceedings. They have a strong
goal to try to minimize any controversy or adversity with the community regarding the eminent
domain proceedings.
• 34. Public hearing to consider the appeal of TPI/CouncilmemberS 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).
John Hardwick, Office of License, Inspections and Environmental Protection, provided a staff
report. He stated that the appellants appeared before the Board of Zoning Appeals (BZA) on
February 9, 1998 requesting three variances in order to establish a surface parking lot at the
northwest corer of Fifth and Minnesota Streets. The parking lot would have ten parking spaces.
A recommendation was received from the Development Committee of Capitol River Council
recommending denial of the variances. St. Paul on the Mississippi Design Center Group also
recommended denial as well the BZA and staff.
Denial was based on four findings.
Dawn Grant, Vice President, Towle Real Estate Company who represents the building ownership,
appeared. She presented a site map of downtown St. Paul showing the subject location and a plan
showing the proposed parking area. The original application was for three variances, now it is for
only one. The three variances were for the width of the driveway and the number of stalls which,
per City Code, is 33' and they have 29' 9". The second variance was for the amount of setback
from the property line to the parking which, per Code, is 4'. They have re-measured and made
adjustments and it is now 4' which is the landscaping buffer on the east side of the property line.
The third variance pertained to the size of the stalls. Originally, Towle had 8' width stalls and
they have adjusted them to 8'6" bringing the number of stalls down to 9 and putting in one
• handicapped accessible stall. Ms. Grant reviewed her handout in detail. She said they would
bring in 40 new jobs to downtown in leasing this space which is approximately 8,300 sq. ft.
•
March 25, 1998 City Council Summary Minutes Page 14
• In response to a question of Councilmember Coleman, Ms. Grant said that landscaping is not their
primary focus but rather to convert the space to parking, but they understand the need to make it
look aesthetically better both for the property and downtown.
Councilmember Coleman said a concern raised was whether this does nor does not comply with
the Mississippi framework. Mr. Grant said they are supportive of the framework but that it is
subjective and that a general statement cannot be made about downtown St. Paul as each situation
is unique.
Councilmember Coleman said he has not seen sufficient evidence to say that this is the only viable
way of using the space. His concern is the broader principle of the framework and how it will be
implemented. If it is implemented, he said he feels everyone benefits. If exceptions are made and
the framework is not abided by in this instance, Coleman said he felt they would be going down
the wrong road.
No one appeared in opposition.
Ms. Grant responded that they were here for a variance appeal and not for the development
framework and she was concerned about that issue coming into the picture.
• Mr. Hardwick noted that the packet of information submitted by Ms. Grant contained all new
information with the exception of the letter from FirstStar. The BZA was looking at a different
site plan.
Phil Byrne, Assistant City Attorney, stated the Legislative Code gives the Council authority to
make any decision they feel is appropriate. The Council could look at the one variance request
and make a decision. Or, if the Council feels this is an issue where there has been a radical
change with factors that need study by staff, it can be sent back to the BZA for a new staff report.
Another option was to not accept the new plans and decided on what is before the Council.
Councilmember Blakey asked about the variance difference. Mr. Hardwick responded that the
new proposal would require a new variance of about 3' 3" of the maneuvering lane assuming the
• design is correct. Councilmember Blakey spoke in support of the new proposal.
Councilmember Benanav also spoke in support of the variance saying it is an opportunity to bring
new employees to downtown and improve a deteriorating area. He said the Council should not be
in the business of discouraging new business.
Councilmember Coleman said there is a potential that the second drawing can work and some of
the landscaping can be done to make it a more palatable plan for the district council. However,
this was not the issue before the Council at this time and Coleman said they do not have the
authority to proceed with the plan
• Ms. Grant asked if the plan could be approved at this time without the additional landscaping and
PP P g
March 25, 1998 City Council Summary Minutes Page 15
• then deal with that issue at another time.
Council President Bostrom spoke in support of the plan but said the biggest issue is to insure that
it would look the way it s being presented when it is completed.
Phil Byrne said he thought the Department of Public Works would have to assess what the needs
are for traffic in that area, whether sidewalks, turning lanes, etc. are needed, as well as the
liability issue.
Councilmember Bostrom suggested a contingency be put on the application that it would have to
meet with the approval of Public Works.
Councilmember Coleman said he would like to look at a range of options for this space and that
the district council should have an opportunity to review the proposal. Ms. Grant responded that
the district council has seen the plan and denied it.
Councilmember Coleman moved to deny the appeal.
Yeas -1 Nays - 5 (Benanav, Blakey, Bostrom, Harris, Lantry)
Councilmember Benanav moved to grant the appeal with a condition that there be input from the
Department of Public Works and the Division of Parks and Recreation.
• Motion of Intent - Appeal Granted with Conditions Yeas - 5 Nays - 1 (Coleman)
Councilmember Coleman moved to adjourn the meeting.
Roll Call Yeas - 6 Nays - 0
ADJOU ED AT 7:50 P.M.
Daniel ostrom, Council President
ATTEST:
Minutes approved by Council
Nancy And � � O \ $'
Assistant Council Secretary
• mce