Approved Minutes 5-27-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
• Wednesday, May 27, 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 3:30 p.m. by Vice President Harris.
Present: - 5 - Benanav, Coleman, Harris, Lantry, Reiter
Absent - 2 - Blakey (arrived after the consent agenda), Bostrom (excused)
CONSENT AGENDA (Items 1 - 21)
Councilmember Coleman requested Item 11 be removed for discussion.
Councilmember Reiter requested Item 7 be removed for discussion.
Nancy Anderson corrected the date of the Legislative Hearing to July 14 for Item 20.
Councilmember Reiter moved approval of the Consent Agenda as amended.
Yeas - 5 Nays - 0
MISCELLANEOUS
58. Recognition of Retiring City Employee Larry Kasella, Division of Libraries.
Larry Kasella, Division of Libraries was recognized by the City Council for his many years of
service to the City.
FOR ACTION
1. Approval of minutes of April 1, 1998.
Adopted Yeas - 5 Nays - 0
2. Claims of Sara Backowski, Florence K. Crum, Tony Lindsey, M. Shahidullah, and Susan Welch.
Referred to Employee/Risk Management Division
3. Summons and Complaint in the matter of Anette L. daSilva vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Letter from the Real Estate Division announcing a public hearing before City Council on June 10,
1998 to consider the vacation of part of Erie Street south of I-35E to allow for construction of a
senior citizen housing project.
•
May 27, 1998, City Council Summary Minutes Page 2
• 5. Letter from Ramsey County Property Records and Revenue, Valuation Division, recommending
approval of the request for reclassification of property located at 1021 Bandana Boulevard East.
(Personal Property #01-910363)
Referred to the Real Estate Division
6. Letter from the Department of Fire and Safety Services/Property Code Enforcement declaring 970
Third Street East and 738 Wilson Avenue as "nuisance properties." (For notification purposes
only; public hearings will be scheduled at a later date if necessary.)
7. (Discussed after the consent agenda)
Resolution - 98-444 - Agreeing to hold Macalester College harmless for City use of Macalester's
Tennis courts.
Adopted Yeas - 5 Nays - 0
�9. Resolution - 98-445 - Agreeing to hold Macalester College harmless for City use of Macalester's
track.
Adopted Yeas - 5 Nays - 0
1. Resolution - 98-446 - Allowing staff to enter in an Agreement with Putt'er There for the operation
of the Como Park Miniature Golf facility.
Adopted Yeas - 5 Nays - 0
11. (Discussed after the consent agenda)
Resolution - 98-448 - Authorizing an agreement with Dakota County to provide communication
equipment repair and maintenance services
Adopted Yeas - 5 Nays - 0
Resolution - 98-449 - Authorizing offset of certain capital obligations of cable franchisee for 1998.
Adopted Yeas - 5 Nays - 0
Resolution - 98-450 - Approving renewal of the City's contract with Saint Paul Neighborhood
Network (SPNN) for the provision of public, educational, and government access services and
community programming.
Adopted Yeas - 5 Nays - 0
15. Resolution - 98-451 - Authorizing the East Park Lion's Club to use the Division of Parks and
Recreation's 3.2 beer and wine licenses during the Ramsey County Fair July 15 through July 19,
1998 at Harriet Island Park.
Adopted Yeas - 5 Nays - 0
Resolution - 98-452 - Amending Civil Service Rule 7 to allow the eligible list for entry-level Fire
• Fighter to be extended up to one additional year.
Adopted Yeas - 5 Nays - 0
May 27, 1998, City Council Summary Minutes Page 3
• 17. Resolution - 98-453 - Approving polling location changes.
Adopted Yeas - 5 Nays - 0
Preliminary Order - 98-454 - In the matter of condemning and taking a perpetual easement for
sewer purposes in connection with the Railroad Island Area Improvement Project, near Kenny
Road and Desoto Street, and setting date of public hearing for July 22, 1998. (File #18856E)
Adopted Yeas - 5 Nays - 0
t--11 Resolution Approving Assessment - 98-455 - In the matter of removal of diseased trees, and
setting date of public hearing for July 22, 1998. (File #9801T)
Adopted Yeas - 5 Nays - 0
. Resolution Approving Assessment - 98-456 - In the matter of boardings-up of vacant property for
January and February 1998; demolition of vacant buildings for January, February and March,
1998; and towing of abandoned vehicles for November and December 1997 and January 1998,
and setting date of Legislative Hearings for July-7-1_4 1998, and City Council Hearings for July
22, 1998. (File #J9802B, J9802C, J9802V)
Adopted Yeas - 5 Nays - 0
Resolution Approving Assessment - 98-457 - In the matter of ratification of easements for the
Phalen Village Public Improvements Project, and setting date of public hearing for July 22, 1998.
Elk (File #18871)
Adopted Yeas - 5 Nays - 0
(-7< Resolution - 98-443 - Recognizing the outstanding service of Neil Radimecky, Retiring Saint Paul
Firefighter.
Fire Chief Tim Fuller presented a certificate to Neil Radimecky in recognition of his outstanding
service to the City and wishing him well in his retirement.
Councilmember Reiter read the resolution and moved approval.
Adopted Yeas - 6 Nays - 0
11. Resolution - 98-447 - Executing a Lease Agreement between Prom Management Group and the
City of Saint Paul for the management and operation of the food service and equipment rental at
the Como Lakeside Pavilion.
Vic Wittgenstein, Division of Parks and Recreation, appeared and stated the City has been
operating the Lakeside Pavilion for several years and has been losing money every year. The
biggest issue is having enough people to staff special events. He noted that Jerry Serfling,
AFSCME union representative, was concerned about the employees who presently work at the
pavilion. Mr. Wittgenstein confirmed that every employee will be retained and no one will be
demoted. Also, one of the unions requested this matter be laid over.
May 27, 1998, City Council Summary Minutes Page 4
. Councilmember Coleman moved a one week layover.
Laid over to June 3 Yeas - 6 Nays - 0
FOR DISCUSSION
t. . Presentation by the Treasury Division on the fees and costs for bond issuance. (Laid over from
May 6, 1998) (See C.F. 98-117 adopted February 11, 1998)
An update was presented by Shirley Davis, Treasury Division. Bob Guers, Department of
Planning and Economic Development, also presented information on this topic.
3. Report from the Mayor's Administration on legal options relative to the payroll system.
(Requested on May 6)
c}.4! Administrative Order:
D001540 Amending the 1998 budget in the Department of Technology and Management
Services by reducing the spending authority of$4.447 million for the Payroll-Human
Resources-Benefits project by $2.845 million and use the remaining $1.602 million to
fund the payroll conversion project. (Laid over from May 20)
Chair Harris stated the Administration requested Items 23 and 24 be laid over for two weeks.
•
Councilmember Blakey moved a two week layover.
Items 23 and 24 Laid over to June 10 Yeas - 6 Nays - 0
4a. Resolution - 98-461 - Approving application for a Hotel/Motel License by Pooja Corporation, dba
Travel Inn, 149 University Avenue East. (ID #19980000520) (Legislative Hearing Officer
recommends referral to an administrative law judge)
Gerry Strathman, Legislative Hearing Officer, stated that when objections are raised to the
issuance of a Class III license, a hearing is held before the Legislative Hearing Officer to
determine whether there is cause for action. A hearing was held on May 14 on this matter. There
was extensive testimony from community groups and from the police documenting that there was
likely grounds for adverse action. It was Mr. Strathman's recommendation that this matter be sent
to an AU for determination of fact and law and to advise the City Council with respect to adverse
action.
Councilmember Blakey moved to refer this issue to an Administrative Law Judge for a hearing.
Referred to an Administrative Law Judge Yeas - 6 Nays - 0
0
May 27, 1998, City Council Summary Minutes Page 5
• z ORDINANCES
25. Final Adoption - 98-310 - An ordinance repealing Chapter 379 of the Saint Paul Legislative Code
pertaining to licensure of locksmiths. (Laid over from May 13)
Councilmember Lantry moved to lay over for three weeks citing she has more questions. Chair
Harris suggested the Council discuss this item later when Robert Kessler, Office of License,
Inspections and Environmental Protection (LIEP), is available to answer questions.
(Item 25 discussed later in the meeting.) 4 . (.,
t/l6. Final Adoption - 98-349 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to permit charitable organizations to operate additional pull-tab dispensing devices at permitted
locations.
Councilmember Coleman moved approval
Adopted Yeas - 6 Nays - 0
6---2'7. Final Adoption - 98-350 - An ordinance amending the Saint Paul Legislative Code by designating
that Maple Street, bounded by East Third Street and Conway Street, become a one-way street.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
Ilk
8. Third Reading - 98-408 - An ordinance finalizing City Council action taken April 1, 1998
42-
approving a petition of Como Northtown Credit Union to rezone property located at 965/967
Churchill Street from RT-1 to B-2. (Public hearing was held April 1)
Laid over to June 3 for final adoption
*9. Second Reading - 98-441 - An ordinance to amend Sec. 189.05 and Sec. 189.14(a) of the Saint
Paul Legislative Code adding status as a Heritage Preservation Site as a condition required to be
disclosed on the truth-in-housing disclosure report for single- and two-family dwellings, town
homes, condominiums and co-ops.
Laid over to June 3 for third reading/public hearing
30. First Reading - 98-458 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code
to delete an obsolete reference to another portion of the Code.
Laid over to June 3 for second reading
411. First Reading - 98-459 - An ordinance amending the Saint Paul Legislative Code Chapter 369.06;
changing the expiration date on Building Trades Business Licenses from December 31 of the year
issued to December 1.
Laid over to June 3 for second reading
411-*"'S2. First Reading - 98-460 - An ordinance to regulate fires, lighted coals and fuels on multi-unit
residential balconies and patios.
Laid over to June 3 for second reading
May 27, 1998, City Council Summary Minutes Page 6
• 25. (See previous discussion on page 5)
Councilmember Lantry asked how long this had been part of the Legislative Code. Robert
Kessler, Office of License, Inspections and Environmental Protection (LIEP), responded that his
recollection is that licensing of locksmiths was adopted in 1993. There are twelve licensees, five
of which are located in Saint Paul, and there are 40 locksmiths in the Twin Cities. Ms. Lantry
questioned what the reason was in 1993 for implementing this. Mr. Kessler responded there were
incidents where individuals were posing as locksmiths, but there were no particular complaints in
Saint Paul. It is a fairly easy license to apply for; a person is required to have insurance and
picture identification. A criminal background check is done on the licensee but not the employees.
The cost of the license is $164 a year.
Councilmember Benanav noted that there are five licensed establishments in the city, yet there are
a large number of locksmiths in the St. Paul directory. Mr. Kessler responded that in order to
provide locksmith services in Saint Paul, a Saint Paul license is required. Everyone in the phone
book has received a letter. LIEP has never been able to prove that work is being done by
someone without a license.
Councilmember Coleman asked for LIEP's opinion on this issue. Mr. Kessler said LIEP feels the
license should be eliminated as they do not feel it is needed. Also, Saint Paul is the only City that
requires a license.
Councilmember Blakey stated this has come before the Council a few times and he has only
received one letter on the issue.
Councilmember Lantry asked for the rationale for wanting this ordinance to be rescinded. Chair
Harris responded the Business Review Council (BRC) looks at some of the laws that are
unnecessary - those that put a requirement on businesses that are not felt to be necessary and adds
to a business' costs. The BRC tries to create a business-friendly environmental in Saint Paul. If
the Council values a positive business environment, it should follow some of the recommendations
of the BRC when appropriate, Hams said. Ms. Lantry concurred that the City should be more
business friendly, but she indicated that she is not sure this is a deterrent for someone in Saint Paul
to do business.
Councilmember Coleman moved approval.
Chair Hams asked if LIEP will come back to the Council if a problem develops. Mr. Kessler
replied in the affirmative and said the BRC will come back also. The BRC has increased
regulations for certain businesses when there has been a problem.
Councilmember Lantry withdrew her motion for a layover.
Adopted Yeas - 6 Nays - 0
May 27, 1998, City Council Summary Minutes Page 7
• (The meeting was recessed at 4:20 p.m. and resumed at 5:35 p.m.)
Roll Call: Present - 5 Absent - 2 (Bostrom and Coleman)
PUBLIC HEARINGS
.444?43zS-. Third Reading - 98-373 - An ordinance amending Chapter 361 of the Legislative Code to require
tow companies to verify the vehicle status prior to towing and to notify the last known owner of
the vehicle.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Yeas - 5 Nays - 0
Laid over to June 3 for final adoption
(Coleman arrived)
'>434. Third Reading - 98-374 - An ordinance amending the Saint Paul Charter to provide for voting
requirements in case of abstentions for conflict of interest.
Councilmember Benanav moved to close the public hearing and lay over to June 3 pending receipt
of the Charter Commission's recommendation. Yeas - 6 Nays - 0
Laid over to June 3 for final adoption
411k*35. Third Reading - 98-375 - An ordinance to regulate conflicts of interest for City officials and
employees who are offered, or leave the City for, private employment.
Councilmember Benanav stated this ordinance deals with some ethical issues discussed in the past.
It says that if a Councilmember has any involvement on a particular issue in their last six months
of employment, that Councilmember cannot work on that issue for the next year for another
employer.
Councilmember Harris noted that there are four amendments to the ordinance. Both Harris and
Benanav agree with two of the amendments. Councilmember Benanav stated he still has some
questions on the amendments they agree on and would like to have a discussion on all the
amendments.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Yeas- 6 Nays - 0
Councilmember Blakey stated he does not support the six months because it is not long enough.
Mr. Blakey asked the meaning of "participated personally and substantially." Phil Byrne
responded that any work for a private employer has to be "significant" work rather than "any"
work. The intent is to make sure the person is not doing something insubstantial, some minor
telephone call, or some work that would not amount to anything. Councilmember Benanav
IPconcurred that six months is not long enough.
May 27, 1998, City Council Summary Minutes Page 8
• Councilmember Coleman stated he would be in favor of some modifying language with respect to
"substantially and personally." He said in the past six months, there have been many items on the
consent agenda that he may not have looked intensively. In the present language, Mr. Coleman
may be technically barred. Councilmember Benanav stated "substantial" should be further defined
or another word used in its place.
Chair Harris stated the impetus for this is the Director of Financial Services going to an outside
firm in a relatively short period of time. The ordinance would address that issue.
Councilmember Blakey stated it should be clear that anyone making decisions on contracts should
not take a job with that particular company until after one year.
Laid over to June 3 for final adoption
.._,i 36. Third Reading - 98-407 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code
to prohibit tobacco vending machines in facilities where minors are present and to establish an
administrative penalty to be imposed against the clerk at a licensed premise who sells tobacco or
tobacco products to a minor.
Daniel F. Dahlin, Dahlco Music and Vending Company, 296 North Pascal Street, appeared in
opposition to the ordinance saying that the ordinance currently in effect is adequate to take care of
411kthe access issue of the vending machines.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections, and
Environmental Protection (LIEP), appeared and stated this is to bring the City ordinance into
compliance with State law. In 1997 the State Legislature enacted a prohibition on tobacco vending
machines except for businesses that cannot be entered at anytime by persons less than 18 years of
age. A local ordinance cannot be less restrictive.
Councilmember Benanav asked if the State law already limits the machines, why does the City
have to mirror it. Virginia Palmer responded it would be to avoid any confusion for anyone
looking at the Saint Paul ordinance.
Councilmember Lantry asked what would happen if someone went into a bar/restaurant with
children. Virginia Palmer responded that it is her understanding that the State law says the
business cannot have a tobacco vending machine in that facility. However, that is an
interpretation of the law and this ordinance just mirrors the State. Robert Kessler responded that
if the license holder has a separate room posted and minors are not allowed to enter that room, his
interpretation is that a tobacco machine is allowed in that establishment. The license holders have
been informed that is the interpretation that LIEP is making. Some establishments will just post
that no minors are allowed. If a complaint was issued that minors were involved, a warning letter
will be sent. If there were further violations, appropriate actions will be taken.
• Councilmember Coleman stated this is an overly restrictive State law he cannot support.
May 27, 1998, City Council Summary Minutes Page 9
• Councilmember Reiter questioned whether the business owner is responsible if a tobacco machine
is there and the establishment is posted "no minors" but a minor enters. Mr Kessler responded in
the affirmative. Mr. Reiter asked if there is a deterrent now in bars for using vending machines as
far as the bartender monitoring the sale. He said it seems to be an extreme measure to build a
separate room for a cigarette machine. Robert Kessler responded there is a requirement that a
remote control action device be attached to the vending machine.
Councilmember Coleman moved to close the public hearing. Yeas - 6 Nays - 0
Laid over to June 3 for final adoption
(Reiter was not present for the votes on Items #37-57)
37. Resolution - 98-317 - Concerning the Auto Repair Garage License held by Mary P. Fasching, dba
M.F. Automotive, 1728 Selby Avenue. (Laid over from April 22)
Robert Kessler, Office of License, Inspections and Environmental Protection, stated the conditions
have been agreed to and signed. He noted, however, that Councilmember Benanav suggested a
delay in order for the district council to review the license application and LIEP has no objections
to the delay.
IlkCouncilmember Benanav stated the neighbors have not agreed to all of the conditions.
Sherilyn Young, Merriam Park Community Council, appeared on behalf of President Greg
Malisch. She said Merriam Park recommends approval with the original conditions agreed upon,
and if there are other conditions, Merriam Park would like to review them.
Mike Sikes, 1772 Selby Avenue, appeared and stated he knows the person who holds the license.
Mr. Sikes went to the last two Merriam Park meetings and it was a political sham. There are two
neighbors that "have it in" for the owner. It is nice to have a place in the neighborhood to fix a
car.
Chair Harris stated the City Attorney recommended a continuation of the public hearing.
Councilmember Benanav moved a layover to June 10 and a continuation of the public hearing.
Robert Olson, 1721 Laurel Avenue, appeared and stated people's complaints are sometimes
unfounded. Taking away someone's living is a moral issue. Over the years, Mr. Olson has seen
the neighborhood change and he feel the service repair station is an asset.
Laid over to June 10 and public hearing continued Yeas - 5 Nays - 0
May 27, 1998, City Council Summary Minutes Page 10
S !/38. Resolution - 97-1288 - Approving application for an Entertainment-A License by Style 2000 Inc.,
dba Cafe Latte, 850 Grand Avenue. (ID #16046) (Laid over from April 29)
Robert Kessler, Office of License, Inspections and Environmental Protection, stated the applicant
wished to withdraw the application.
Councilmember Coleman moved withdrawal.
Withdrawn Yeas - 5 Nays - 0
39. Resolution - 98-462 - Concerning adverse action against licenses held by Richard D. Defoe
Enterprises, Inc., dba Club Cancun, 1638 Rice Street. (Uncontested)
Paul Augustine, Club Cancun Manager, appeared and stated that this was an isolated incident.
Councilmember Coleman moved amending the fine to $1,500 on behalf of Councilmember Reiter
who wished to amend the fine because the $2,000 fine was excessive.
Councilmember Benanav asked if this was the first violation. Virginia Palmer, Assistant City
Attorney representing the Office of License, Inspections and Environmental Protection, responded
yes. Under the present system, Club Cancun would receive a warning. However, the license was
approved with a condition that they have a mechanism in place to identify people under 21. The
two underage people were not carded.
Councilmember Coleman moved to amend the fine to $1,000.
Councilmember Benanav stated he prefers a fine of$1,500 which is Councilmember Reiter's
suggestion and his area.
Robert Kessler stated the fine is based on the size of the establishment. The range is from $500 to
$2,000.
Motion failed to reduce the fine to $1,000 Yeas - 2 Nays - 3 (Benanav, Blakey, Lantry)
Councilmember Coleman moved to amend the fine to $1,500.
Yeas - 4 Nays - 1 (Lantry)
Councilmember Coleman moved to adopt the resolution as amended.
Adopted as amended Yeas - 5 Nays - 0
Resolution - 98-463 - Concerning adverse action against licenses held by Saykham Sengmavong,
dba Family Lao-Thai Restaurant, 501 University Avenue West. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental protection, stated this is a first violation for allowing alcohol to leave the premises
May 27, 1998, City Council Summary Minutes Page 11
IDand providing live entertainment without an entertainment license. The recommendation was for a
$500 fine based on the establishment's size.
Rolly Tyler, representing the owner, appeared and explained the circumstances surrounding this
incident.
Councilmember Blakey moved to close the public hearing. Yeas - 5 Nays - 0
Councilmember Blakey moved approval.
A d Yeas - 5 Nays - 0
�41. Resolution - 98-464 - Approving the decision of the Legislative HearingOfficer on Property Code
PP g g P Y
Enforcement Appeals for property located at 1032 East Magnolia Avenue, 423 University Avenue
West, 781 Armstrong Avenue, 1549 University Avenue West, 421-423 University Avenue West,
and 595 Selby Avenue.
Toumou Lee, 421-423 University Avenue West, appeared and stated a partition wall was
constructed for a bedroom. There is a gap from the top of the wall to the ceiling and it is not a
legal bedroom. A window was put next to it for a fire escape.
Gerry Strathman, Legislative Hearing Officer, stated there is no egress window to allow access to
• the outside and, therefore, this room cannot be a sleeping area. The window in the wall
accomplishes nothing and provides a window to the adjoining room. The City ordinance is clear:
if there is a sleeping window, there has to be access to the outside, he said.
Kristin Hoffman-Saavedra, 1549 University Avenue West, appeared and stated this is a landlord-
tenant dispute before the Council. Scott Johnson has requested his own property to be condemned
in order to evict the tenant. The Housing Court previously ruled in the tenant's favor. This is a
commercial facility and not a residential facility. The Saavedras did not do any work on the
property and, therefore, did not need a permit. The tenant has applied for a structural building
permit, even though Mr. Johnson said he had obtained a permit.
Gerry Strathman stated it is the belief of the Fire Department that 1549 University is being used as
a residence and not as a practice studio which is the core problem. Also, it is apparent that
construction has been going on without a permit.
Councilmember Blakey moved to lay over 423 University Avenue West, Por Yee Yang, appellant,
for one week and approve the other addresses as presented.
Adopted as amended Yeas - 5 Nays - 0
(423 University Avenue West laid over to June 3)
•
May 27, 1998, City Council Summary Minutes Page 12
• �42. Resolution - 98-380 - Ordering the owner to remove or repair the building at 53 Maryland Avenue
East within fifteen (15) days from adoption of resolution. (Laid over from May 6) (Legislative
Hearing Officer recommends allowing the owner six months to complete rehabilitation provided
the vacant building fee is paid and a $2,000 bond is posted by noon, May 27)
Gerry Strathman, Legislative Hearing Officer, stated the bond has been posted and recommended
granting the owner six months to complete the rehabilitation.
Councilmember moved to close the public hearing and approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
3. Resolution - 98-382 - Ordering the owner to remove or repair the building at 860 Robert Street
South within fifteen (15) days from adoption of resolution. (Laid over from May 6) (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, June 10)
Councilmember Coleman moved to lay over to June 10
Laid over to June 10 Yeas - 5 Nays - 0
L4. Resolution - 98-465 - Ordering the owner to remove or repair the building at 240 Belvidere Street
. East within fifteen (15) days from adoption of resolution. (Legislation Hearing Officer
recommends amending the order to remove or repair within five days)
Gerry Strathman, Legislative Hearing Officer, stated no one appeared at the Legislative Hearing.
The building is vacant and needs repair.
Councilmember Coleman moved to close the public hearing and approval of the Legislative
Hearing Officer's recommendation.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
45. Resolution - 98-466 Ordering the owner to remove or repair the building at 17 Congress Street
West within fifteen (15) days from adoption of resolution. (Legislation Hearing Officer
recommends amending the order to remove or repair within five days)
Gerry Strathman, Legislative Hearing Officer, stated this property is clearly beyond repair.
Councilmember Coleman moved to close the public hearing and approval of the Legislative
Hearing Officer's recommendation.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
•
May 27, 1998, City Council Summary Minutes Page 13
46. Resolution - 98-467 - Ordering the owner to remove or repair the building at 516 Como Avenue
within fifteen (15) days from adoption of resolution. (Legislation Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, stated no one has come forward on the property.
Councilmember Coleman moved to close the public hearing and approval of the Legislative
Hearing Officer's recommendation.
Adopted Yeas - 5 Nays - 0
�I-7 Resolution - 98-468 - Ordering the owner to remove or repair the building at 921-927 Selby
Avenue (917 Selby Avenue) within fifteen (15) days from adoption of resolution. (Legislation
Hearing Officer recommends amending the order to remove or repair within six months)
Gerry Strathman, Legislative Hearing Officer, stated the Selby Avenue Initiative is interested in
the building and there is a possibility it will be rehabilitated. Mr. Strathman recommended that
the order stand but allowing six months for something to be done.
Councilmember Blakey recommended that the Council receive an update on August 12, 1998.
Councilmember Blakey moved to closed the public hearing and approval of the Legislative
410 Hearing Officer's recommendation.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
Council requested an update on August 12 regarding the status and progress of the repairs made to
the property.
48. Resolution Ratifying Assessment - 98-421 - In the matter of summary abatements (property
cleanup for part of January and February 1998); boardings-up for November and December 1997;
and summary abatement (snow and/or ice removal and sanding walks for part of December 1997
through February 1998). (Public hearing continued from May 13) (File #J9801A, J9801B,
J9801A1) (Legislative Hearing Officer recommends approval with the following exceptions:
1130 Bush Avenue - Reduce the assessment to $400.00 plus a $40.00 service fee;
553 Edmund Avenue - Reduce the charge to $100.00 plus $90.00 for disposal of the trash and a
$40.00 service fee;
741 Maryland Avenue - Reduce the assessment to $137.50)
(Laid over from May 13 for continuation of public hearing)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval of the Legislative Hearing Officer's recommendation.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
May 27, 1998, City Council Summary Minutes Page 14
' 49. Final Order - 98-469 - In the matter of curb construction on the north side of East Wheelock
Parkway at 1445 Arcade Street only, and sidewalk reconstruction on both sides of Earl Street from
Thorn Street to Mounds Boulevard. (File #S97104, S97105)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
/50. Final Order - 98-470 - In the matter of sidewalk reconstruction on both sides of Hazelwood Street
from East Arlington Avenue to East Nebraska Avenue, the north side of East Idaho Avenue from
Birmingham Street to Manton Street, and the west side of North White Bear Avenue from
Stillwater Avenue to north 12 feet and the south side of Stillwater Avenue from North White Bear
Avenue to west 50 feet at 877 North White Bear Avenue only. (File #598001-S98003)
No one appeared in=opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
51. Final Order - 98-471 - In the matter of sidewalk reconstruction on both sides of Goodrich Avenue
from South Fairview Avenue to South Howell Street, the north side of East Third Street from
Barclay Street to Hazelwood Street and the west side of Hazelwood Street from East Third Street
to Fremont Avenue at 1535 East Third Street only. (File #S98004, S98005)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
Final Order - 98-472 - In the matter of sidewalk reconstruction on both sides of West Colorado
Street from Stryker Avenue to Hall Avenue, both sides of Stryker Avenue from West Winifred
Street to West Congress Street, and the south side of West Winifred Street from Stryker Avenue to
Hall Avenue. (File #S98024, S98025)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
Final Order - 98-473 - In the matter of improving the alley in Block 3, Lake Park Addition
(bounded by Arona, Almond, Snelling and Canfield) by grading and paving with bituminous
material. (File #18873)
Paul St. Martin, Department of Public Works, appeared and stated there is a neighborhood
meeting next week This petition was filed by about 50% of the property owners. Public Works
likes to see 70% approval of a petition.
April Arndt, 1540 Canfield Avenue, appeared and stated she is one of the people that wants this
done. There is an elderly individual in a wheelchair and his daughter is concerned that he will get
his wheel stuck in one of the ruts. Improving the alley will make the properties more valuable.
• Ms. Arndt said she has not heard anyone say the alley does not need to be redone.
May 27, 1998, City Council Summary Minutes Page 15
• Barb Metzger, District 10 Como Park Community Council, appeared and stated she has three
documents from neighbors who could not be at the Council meeting. One is a list of trucks that
use he alley; one is a petition from people opposed to the license; and a third is a letter from one
individual who is opposed. The key part is whether this is an alley or a street. It is plowed by
Public Works who calls it Snelling Avenue East Service Drive. That indicates to some people that
it is a street and should be resurfaced in the rotation along with the other streets. The second issue
is whether or not Shalom Home has any responsibility or authority over the trucks who are making
deliveries there and should pay some of the costs or repairs. The third issue is the alley is used
heavily during the Minnesota State Fair because it is a block away. There are allegations that
someone is renting parking space during that time. This alley gets more use than most alleys in
Saint Paul, she said. Ms. Metzger requested this item be laid over in order for City staff and the
Council to work with the neighbors and resolve some of the issues and the question of whether it
is a street or an alley.
Councilmember Benanav moved to lay over for two weeks and continue the public hearing.
Laid over to June 10 and continue public hearing Yeas - 5 Nays - 0
54. Final Order - 98-474 - In the matter of condemning and taking p ermanent easements in the land
necessary for slopes, cuts and fills for the improvement of the alley in Block 3, Lake Park
Addition. (File #18873-S)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adoptgd Yeas - 5 Nays - 0
(Note: Items 55 and 56 discussed in tandem)
f.}3( Public hearing to consider the application of William Dunnigan to rezone property from RT-2
(Townhouse Residential District) to B-3 (General Business District) for expansion of an existing
auto repair and service station at 365-367 Smith Avenue North.
Councilmember Coleman moved to lay over to June 10. Yeas - 5 Nays - 0
Public hearingto consider the application of Jerome LaCroix torezone property pp ezo e from RT-2
(Townhouse Residential District) to B-3 (General Business District) for expansion of an existing
auto repair and service station at 371 Smith Avenue North.
Beth Bartz, Department of Planning and Economic Development, presented a staff report. She
stated these are considered a single case even though they are separate parcels. 365-367 Smith is
currently used as a residential fourplex. 371 Smith is currently used as a duplex. Erna
Salmonsen, owner of Grand and Smith Mobil, has purchase agreements for both of these parcels.
Her intent is to expand the parking area of the auto service station and construct a four stall garage
• for storage and servicing of the station's tow trucks. She plans to relocate the fourplex because of
the architectural interest of the building. At the Zoning Committee meeting, there were issues
raised as to the validity of the petition for this rezoning. Roger Ryan, Planning and Economic
May 27, 1998, City Council Summary Minutes Page 16
• Development (PED), rechecked the petition and determined some signatures were invalid. During
the same period, the applicant provided additional signatures. At the time of the April 16 public
hearing, the Zoning Committee did determine it was a valid petition; therefore, the rezoning could
be heard. Both the Zoning Committee and Planning Commission have recommended approval of
the rezoning. Expansion of the auto service station would require a special conditional use permit
in addition to the rezoning itself. The fourplex could not be used for commercial use unless part
of that building is converted to commercial use.
Mike Black, Attorney, 265 West Seventh Street, and Erna Salmonsen, proprietor of Grand and
Smith Mobil, appeared. Mr. Black stated nothing new has happened since the last time they
appeared before the Planning Commission on this matter. In terms of the rezoning application,
nothing is different. It is true there is an issue regarding the site plan. Mr. Black is unsure how
that will be worked out.
Councilmember Coleman moved to close the public hearing.
Yeas - 5 Nays - 0
Councilmember Coleman moved a two week layover on Items 55 and 56 citing he has some
concerns about changing from a residential neighborhood to 3/4 of a block being a parking lot.
Beth Bartz stated the district council decided to forgo making a comment on this because of the
!h timing and ability to discuss this issue on the schedule.
Items 55 and 56 Laid over to June 10 Yeas - 5 Nays - 0
Public hearing to consider the appeal of Donald Willenbring, et al. to a decision of the Planning
Commission granting the appeal of Arnold Fritsche to a decision of the planning administrator to
approve a lot split at XXX Wiggins Road.
Kady Dadlez, Department of Planning and Economic Development (PED), appeared and stated in
1995 the owner applied for a site plan review to allow for 11 lots on the property. The Planning
Commission denied the site plan, the owner appealed to the City Council, and the Council also
denied the site plan. The following year, the owner came in with another request to subdivide the
property into six lots. The negotiated agreement between the owner and the City Council was that
six lots would be approved. There are four lots along McKnight Road; Lot 5 was the subject of
the appeal at this meeting. Earlier this year, the owner of Lot 5 requested that particular lot be
split into parcels A and B. The Planning Administrator approved the requested split. Area
residents appealed that staff decision to the Planning Commission. The Planning Commission
granted the appeal and denied the lot split. At this meeting, the owner was appealing the Planning
Commission's decision to deny the lot split. Ms. Dadlez said she received approximately five
letters opposed to the lot split.
• Councilmember Harris asked how big the lot is now. Kady Dadlez responded two acres; one is
slightly under an acre and one is slight over an acre.
May 27, 1998, City Council Summary Minutes Page 17
• John Choi, Hessian, McKasy & Soderberg Law Firm, representing the appellants, appeared. Mr.
Choi presented a letter for the record in support of the appellants dated May 26 from Wayne
Schoenheider, 669 Burlington Road. Mr. Choi's first issue related to the code governing lot splits
and the provision that the Planning Commission found that this lot did not have frontage to an
existing approved street and access to municipal services. Mr. Choi presented pictures indicating
that there is access to this street. The improvements made to this particular road were assessed to
the adjacent property owners and the property owner did pay assessments for particular
movements.
Secondly, in order for Lots 5 and 6 to be improved, there has to have been some sort of access to
an improved street and if that access was not there, Lots 5 and 6 could not exist. What is being
proposed at this time is that a driveway be extended out through Wiggins Road. Also, there is
nothing in the zoning code that would define what an improved street is, and there is no particular
requirement as to the amount of frontage required to have access to an improved street. Every
requirement was present. However, with the appeal of Mr. Frische and the appearance of
Councilmember Guerin testifying on some of the intent that occurred back in 1996, the Planning
Commission found this would be a basis to grant Mr. Frische's appeal. Mr. Choi feels nothing in
1996 required that the Willenbrings forego any further development or any type of lot split. For
the past two years, the Willenbrings have been trying to sell Lot 5 but have been having difficultly
because of the lot size.
Thirdly, a grading map was not furnished by the appellant. The ordinance did not require a
grading map be furnished and Roger Ryan, PED, did not request the appellant to furnish one.
Doug Willenbring appeared and stated he would like to move to Parcel B if and when this lot split
is approved. The plans are set already for that lot split based on the planner's decision a couple of
months ago. Anther reason he wants to split the two acre lot is because he could not sell it.
Arnold Frische who lives on Lot 6 appeared and stated when he brought this lot from the
Willenbrings, he was told there would be two houses there. His house was situated so he would
not be looking at another house. He is also concerned about water runoff.
Tom Killum, Hewitt Court, appeared and stated he is concerned about drainage. He is also
concerned about access of the emergency vehicles in and out of that street and destruction of the
natural habitat.
Al Mangine, 606 Hewitt Court, appeared and stated he has been there 14 years. The road
between his house and the neighbors is 24 feet and emergency vehicles may not be able to turn
around.
Councilmember Lantry moved to close the public hearing.
Yeas - 5 Nays - 0
11111- Councilmember Benanav asked about Wiggins Road and if it is improved. If it is not improved,
he questioned if Lots 5 and 6 are incorporated. Kady Dadlez responded that when the plat was
May 27, 1998, City Council Summary Minutes Page 18
• approved in 1996, the City Council approved it with the condition that the developer construct the
driveway and utilities from Wiggins Road to the westerly lots which is Lots 5 and 6. The intent
was that the access that would be provided would be sufficient to allow development of Lots 5 and
6. In talking with Tom Kuhfeld in Public Works, Wiggins Road is an officially platted street and
not an improved street, but Public Works allowed the residents to install long driveways. The
City doesn't maintain or plow the road. There is sewer and water in the public right of way. Mr.
Benanav stated if Lots 5 and 6 are appropriate and it was previously approved by the Council,
none of that changes by splitting Lot 5. The only changes are there is an additional lot, a
driveway. and another house.
Councilmember Coleman stated the Council should not be affecting a private land owner if there
is a lot that can be developed. The developer is trying to put two houses on extensively large lots
for Saint Paul. Mr. Coleman does not understand why there is a problem.
Councilmember Lantry stated this area is unique. The neighbors did not say they do not want any
development, but they wanted to maintain the integrity of the Highwood area. The topography is
a major hill. Drainage is an issue because it is completely wooded. People living on Hillwood
would get the result of people living on that parcel. A compromise was reached to get to six lots
and now that process is being circumvented.
Mr. Harris asked if some people are still on septic systems. Ms. Dadlez responded that they are
• in some places. The utilities are there for two homes and there is the capacity to accommodate a
third home.
Councilmember Benanav asked if the site plan is approved, whether the drainage and other issues
would be considered. Kady Dadlez responded in the affirmative. Mr. Benanav indicated that if
this is adopted, it is possible that no house will be built until a site plan is approved.
Councilmember Lantry responded that it is dangerous for the City to approve a lot split and then
make it difficult to build a house there.
Councilmember Lantry moved to deny the appeal and uphold the decision of the Planning
Commission.
Councilmember Coleman stated the owners of these lots must know this is a unique property and
the issues have to be addressed. He said he does not see how it can impact what is already there.
Chair Harris stated he is inclined to support the split as they are large lots.
Motion to deny the appeal failed Yeas - 2 Nays - 3 (Benanav, Coleman, Harris)
Phil Byrne, Assistant City Attorney, suggested granting the appeal with the condition that no
construction take place until site plan approval, permits, and other matters have been applied for
• and received. The other possibility is to lay it over for two weeks until absent members are
present.
May 27, 1998, City Council Summary Minutes Page 19
• Chair Harris stated that four votes are needed to grant the appeal and no action can be taken with a
3-2 vote.
Councilmember Lantry moved a two week layover.
Laid over to June 10 Yeas - 5 Nays - 0
Councilmember Blakey moved to adjourn the meeting. Yeas - 5 Nays - 0
ADJ D T 7:55 P.M.
Dani 1 ostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson \ NNNI
Assistant Council Secretary
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