Approved Minutes 8-13-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, August 13, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:45 p.m. by Council President Thune.
Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune
Absent - 0
Councilmember Megard requested Item #18 be removed for discussion.
Councilmember Blakey moved approval of the consent agenda as amended. Yeas - 7 Nays- 0
CONSENT AGENDA
FOR ACTION
The following communication was read into the record by Nancy Anderson, Assistant Secretary to the
Council:
A public hearing scheduled for August 13, 1997 to consider a proposal of the Port Authority of
the City of Saint Paul to adopt a Tax Increment Financing Plan for the Plastics, Inc.
Redevelopment and Hazardous Substance Subdistrict Tax Increment Financing District has been
rescheduled to August 27.
Laid over to August 27, 4:30 p.m. Yeas - 7 Nays - 0
1. Claims of ACORN (Cheryl Otley, Dave & Celeste Pilla Perry, Dan & Patricia Reed, Joann Tatro,
and Mary Winhagen), Adam Istas, Jonathan Laub, Geoff Lowe, John & Mary Majerus, Rick
McGrath, David Peterson, Kirsten Peterson, and Josephine Ruiz.
Referred to Employee/Risk Management Division
2. Summons and Complaint in the matter of Arlen Aaron Hoff vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
3. Notice of Motion and Motion for Release of Quick-Take Funds in the matter of the Port Authority
of the City of Saint Paul vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Amended Notice of Motion and Motion for Release of Quick-Take Funds in the matter of the Port
Authority of the City of Saint Paul vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
5. Petition for Writ of Certiorari in the matter of Fleet Mortgage Corporation vs. the City of Saint
Paul. (659 Edmund Avenue)
Referred to the City Attorney's Office
August 13, 1997 City Council Summary Minutes Page 2
6. Notice of Motion and Motion for a Resolution. (659 Edmund Avenue)
Referred to the City Attorney's Office
7. Notice of Case Filing and Judge Assignment in the matter of Leobia Bland vs. the City of Saint
Paul.
Referred to the City Attorney's Office
8. Letter from the Real Estate Division recommending approval of reduction in assessed valuation
for Ramsey County Abatement #AI97-9262 - 611 York Avenue.
Adopted Yeas - 7 Nays - 0
9. Letters from Saint Paul Public Health declaring 203 Forbes Avenue and 694 Sims Avenue as
"nuisance properties." (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
10. Communication from Saint Paul Animal Control dated August 4, 1997 announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
11. Administrative Orders:
D001280 Transferring Cultural STAR funds from three dropped/withdrawn projects to the
Cultural STAR Program budget.
D001281 Addition of$13,554.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction Mechanical - Parking Ramp Alternate A.
D001282 Addition of$69,531.40 to the contract for Eustis-Franklin Sewer Separation.
D001283 Addition of$57,139.00 to the contract for Saint Paul Civic Center Expansion, CP-1
Science Museum Turnaround.
D001284 Addition of$1,537.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001285 Addition of$21,839.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001286 Addition of$14,593.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001287 Deduction of$23,313.00 from the contract for Saint Paul Civic Center Expansion,
CP-4 Building Construction.
D001288 Authorizing the Department of Public Works to pay for expenses, not to exceed
$15,000.00, associated with their Open House on September 17, 1997.
D001289 Addition of$1,179.36 to the contract for covering concrete roofs with standing seam
metal roof system at Martin Luther King - Hallie Q. Brown Center.
D001290 Addition of$2,755.00 to the contract for Mears Park Sidewalk Replacement.
D001291 Addition of$6,888.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001292 Addition of$18,700.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001293 Deduction of$2,652.00 from the contract for Saint Paul Civic Center Expansion, CP-
4 Building Construction.
August 13, 1997 City Council Summary Minutes Page 3
D001294 Authorizing payment of$1,423.00 to Dr. Ralph Farnsworth, Como Zoo
Veterinarian, for attendance at the Annual Conference of the American Association of
Zoo Veterinarians in Houston, Texas, October 25-30, 1997.
Noted as on file in the City Clerk's Office
12. Resolution - 97-981 - Authorizing the solicitation of donations from various businesses for
drawings in conjunction with the City's Combined Campaign.
Adopted Yeas - 7 Nays - 0
13. Resolution - 97-982 - Approving the staffing of polling locations for the City of Saint Paul
Primary Elections to be held on September 9, 1997.
Adopted Yeas - 7 Nays - 0
14. Resolution - 97-983 - Approving payment of$6,011.21 to American Family Insurance, for Dung
Phan, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
15. Resolution - 97-984 - Approving payment of$17,758.85 to American Family Insurance, for
Khanh Le, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
16. Resolution - 97-985 - Approving payment of$4,896.85 to Minnesota Insurance Co., as subrogee
for Joel Revzen, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
17. Resolution - 97-986 - Amending the 1997 budget in the amount of$95,000 in the Division of
Parks and Recreation, Grants & Aids and Rice Arlington Sports Dome.
Adopted Yeas - 7 Nays - 0
18. (Discussed after the Mayor's budget address - see page 5)
19. Resolution - 97-988 - Authorizing the Saint Paul Police Department to enter into a grant
agreement with the Minnesota Department of Public Safety for the project "Safe & Sober
Communities" for the period October 1, 1996 through September 30, 1997.
Adopted Yeas - 7 Nays - 0
20. Resolution - 97-989 - Authorizing the Saint Paul Police Department to enter into a grant
agreement with the Minnesota Department of Public Safety for the project "Safe & Sober
Communities" for the period October 1, 1997 through September 30, 1998.
Adopted Yeas - 7 Nays - 0
21. Resolution - 97-990 - Accepting the donation of a digital Preliminary Breath Tester (PBT) from
Mothers Against Drunk Driving (MADD).
Adopted Yeas - 7 Nays - 0
August 13, 1997 City Council Summary Minutes Page 4
22. Resolution - 97-991 - Approving the use of assessment financing in accordance with City policy
for installation of a fire protection system at 2505 West University Avenue.
Adopted Yeas - 7 Nays - 0
23. Resolution - 97-992 - Releasing certain easements in vacated Sims Avenue and York Street and
vacated alleys in Blocks 1 and 4, Hazel Park Division#4.
Adopted Yeas - 7 Nays - 0
24. Resolution - 97-993 - Releasing the sewer easement on, over, under and across Lot 9, Block 3,
Twin City View, 635 Pascal Street South.
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 97-994 - In the matter of the Seventh Place Mall Operation and Maintenance
Costs for 1997, and setting date of public hearing for September 10, 1997. (File #18428-97)
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 97-995 - In the matter of the operating costs for 19 Above Standard Street
Lighting Projects for 1998, and setting date of public hearing for October 8, 1997.
Adopted Yeas - 7 Nays - 0
•
27. Resolution Approving Assessment - 97-996 - In the matter of the assessment of benefits, cost, and
expenses for the Seventh Place Mall Operation and Maintenance Costs for 1996, and setting date
of public hearing for October 1, 1997. (File #18428-1996)
Adopted Yeas - 7 Nays - 0
28. Resolution Approving Assessment - 97-997 - In the matter of the assessment of benefits, cost, and
expenses for improving Ohio Street from George Street to Annapolis Street, and setting date of
public hearing for October 1, 1997. (File #18800)
Adopted Yeas - 7 Nays - 0
29. Resolution Approving Assessment - 97-998 - In the matter of the assessment of benefits, cost, and
expenses for boardings-up of vacant buildings from June 9 to June 28, 1997, and summary
abatements (property clean-up and grass cutting) through mid-July 1997, and setting date of
Legislative Hearings for September 16, 1997 and City Council Hearings for October 1, 1997.
(File #J9710B, TDBC97)
Adopted Yeas - 7 Nays - 0
30. Resolution Approving Assessment - 97-999 - In the matter of operation and maintenance costs for
the Arcade/Case parking lot from January 1, 1998 to December 31, 1998, and setting date of
public hearing for October 8, 1997. (File #18744)
Adopted Yeas - 7 Nays - 0
31. Resolution Approving Assessment - 97-1000 - In the matter of the operating costs for 19 above
standard street lighting projects for the months of January through December 1997, and setting
date of public hearing for October 8, 1997.
Adopted Yeas - 7 Nays - 0
August 13, 1997 City Council Summary Minutes Page 5
The City Council meeting was recessed for consideration of the HRA Consent Agenda.
Present - 7 Absent - 0
The City Council meeting was resumed.
MISCELLANEOUS
75. Mayor Coleman's Proposed 1998 Budget Address.
Mayor Coleman addressed the Council with his proposed 1998 budget.
18. Resolution - 97-987 - Approving the 1997 Civic Organizations Partnership Program (COPP)
allocation of funding for Project Fresh Start, Inc. Outreach for Youth Program.
Councilmember Megard moved to lay over one week in order to get a revenue budget for this
program and talk to the people involved.
Laid over to August 20 Yeas - 7 Nays - 0
FOR DISCUSSION
32. Resolution - 97-931 - Approving the appointment of Richard Aguilar, and the reappointments of
Donald Del Fiacco, Robert Schwartzbauer, and Richard Zehring, by Mayor Coleman, to the Saint
Paul Civic Center Authority. (Laid over from August 6)
Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
33. Resolution - 97-762 - Directing the appropriate City Departments to issue code compliance orders
to repair houses and two to three unit apartment buildings immediately after the house or
apartment is listed by HUD. (Substitute introduced and laid over from August 6)
Councilmember Harris moved to lay over one week.
Laid over to August 20 Yeas - 7 Nays - 0
34. Appeal of Frank Wallner to a decision of the Board of Zoning Appeals on the legal status of semi-
trailers on Burlington Northern's intermodal hub facility, 1701 Pierce Butler Route. (Laid over
from August 6)
Councilmember Megard moved to lay over one week.
Laid over to August 20 Yeas - 7 Nays - 0
35. Resolution - 97-1001 - Designating Mississippi River Boulevard as a "bicycle route", designating
a safe speed of 25 m.p.h. along the boulevard and requesting the Department of Public Works to
sign and stripe a one-way south bound bicycle lane along the bluff side of Mississippi River
Boulevard and erect signs designating the 25 m.p.h. safe speed.
Councilmember Harris presented amendments to the resolution.
August 13, 1997 City Council Summary Minutes Page 6
(Bostrom and Thune left and returned during the following testimony)
The following individuals appeared and provided testimony:
Tom Kayser, 466 S. Mississippi River Blvd.
John Grzybek, 1330 St. Paul Avenue
Paul Heindersheid, 484 S. Mississippi River Blvd.
Phillip McDonald, 2085 Eleanor Avenue
Clyde Illg, 1420 S. Mississippi River Blvd.
Scott Heindrich, 1966 Portland Avenue
Kurt Schreck, 514 S. Mississippi River Blvd.
Kelly McGrade, 1756 Grand Avenue, #20
Joe Zappa, 1340 Mississippi River Blvd.
Richard Arey, 534 Laurel Avenue, #6
Josh Courteau, 1494 Sargent Avenue
Jean Weegin, 1647 Laurel Avenue
Pete Regnier, 1850 Jefferson Avenue
Anne Hunt, Pier I, Harriet Island
Michael Stone, 1384 S. Mississippi River Blvd.
Nancy Kapps, 150 N. Mississippi River Blvd.
Angelo Percich, 540 S. Mississippi River Blvd.
The public hearing was closed.
Councilmember Megard presented the following amendment to the resolution: "The City Council
requests the St. Paul Parks Commission report to the City Council one year after implementation
and monitoring of the bike path. The Council further recommends that a task force representative
of those interested in the bike path on Mississippi River Boulevard provide recommendations to
the Parks Commission for the preparation of the report." The amendment was accepted as
friendly.
Councilmember Harris said he would like to include "residents of the boulevard" in the
amendment.
Bob Piram, Division of Parks and Recreation, stated that the intent is to take as many bikers as
possible off the path and have them ride in the striped lane.
Councilmember Megard said she is concerned about enforcement of speed on the combined path
and that signage is vital. She asked what the plans are to place limits on the combined path in
terms of speed and rules of the road.
Mr. Piram responded that the amendments will help in a positive way toward working on the
congestion. Speed limits on bike paths have never been tried before in St. Paul so this will be an
opportunity to see if it is possible to do it. The park rangers will be trained in enforcement.
Council President Thune said he felt it would be a good idea to enforce speed on all bike paths
throughout the City.
August 13, 1997 City Council Summary Minutes Page 7
Councilmember Megard said an education program should be promoted and the park rangers
should be used extensively in the beginning until the word gets out that there will be enforcement.
Councilmember Bostrom questioned Megard as to exactly what the task force will be.
Councilmember Megard responded that she envisions the task force to be under the direction of,
and reporting to, the Parks Commission and ultimately to the City Council to monitor and to
discuss the issues surrounding this particular bike path. If they decide they want to expand their
role and look at speed limits on other bike paths, that is ok.
Councilmember Bostrom requested that the Parks Division bring back their recommendations for
a plan for the task force which the City Council can review. Mr. Piram offered to bring back a
plan from the Parks Commission in 30 days.
Councilmember Bostrom questioned whether the park rangers have the statutory authority to do
enforcement. Phil Byrne, Assistant City Attorney, said the City Attorney's Office will look into
this issue.
Councilmember Bostrom suggested a change to Councilmember Harris' amendment in the first
resolve, "The Saint Paul Police Department's park rangers will enforce the rules" to read: "The
Saint Paul Police Department will enforce the rules" and delete "park rangers".
Council President Thune requested that Mr. Piram ask the Parks Commission to also look at
safety issues on other bike paths and that he report back to the Council on September 10, 1997.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
The meeting was recessed from 5:25 to 5:47 p.m.
Present - 4 - Blakey, Collins, Harris, Morton
Absent - 3 - Megard, Thune (excused), Bostrom (arrived shortly after roll call)
Vice President Blakey assumed the chair at this time.
(Harris left)
42. Final Adoption- 97-912 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
by reducing the fee for Animal Institutional Use from $400 to $200 to reflect actual cost.
Councilmember Collins moved to lay over one week
Laid over to August 20 Yeas - 4 Nays - 0 (Harris not present for vote)
(Harris returned)
August 13, 1997 City Council Summary Minutes Page 8
PUBLIC HEARINGS
44. Third Reading - 97-913 - An ordinance amending the Saint Paul Legislative Code Section
140.10(2) extending the hours and days that the required temperatures must be maintained in the
skyways. (Laid over from August 6)
Ruth Blackman, downtown resident, appeared and spoke in favor of the ordinance.
John Mannillo, Chair of the Skyway Advisory Committee, Board Member of the Capitol River
Council, building owner, and member of the Building Owners and Managers Association
(BOMA), spoke in favor of the ordinance saying it was approved by the Capitol River Council as
well as the Skyway Governance Committee and reconfirmed by the Skyway Advisory Committee.
Bob Engelhardt, 111 East Kellogg Blvd., and owner of the Map Store, spoke in favor of the
ordinance saying the skyways are important to residents as well as the businesses.
Guy LaBarre, Manager of the First National Bank Building and BOMA member, spoke in
opposition to the ordinance saying that the skyways are not designed for operating in this way.
During the hours of operation, there is staff available to operate the systems for heating and
cooling but they are not present after hours and on weekends. During the heating season, heat is
on consistently in the skyways. The way the systems work is as the doors open, air is taken in
from the pressurized buildings. The doors don't open as much after hours so the temperatures
would not be able to be retained as is being required in the proposal. He said he has had very few
complaints and they have been during severely cold weather.
John Mannillo responded that the skyways are all designed for room temperature and he does not
feel it is a design issue
Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0
Laid over to August 27 for final adoption
(Harris left)
45. Resolution - 97-1005 - Concerning stay of demolition of 659 Edmund Avenue during appeal.
Phil Byrne, Assistant City Attorney, provided background information saying that this building
had been scheduled for demolition and the property owner appealed the decision. The owner has
the opportunity to go the Court of Appeals to stay the demolition but the Court of Appeals
requires that the owner first come to the City Council to request a stay.
Lawrence Zielke, Attorney for Fleet Mortgage Company, the holder of the mortgage, appeared.
Fleet Mortgage requested a stay of enforcement of the demolition order pending appeal of the City
Council decision to demolish the building. There is also a separate appeal from a district court
decision which is related to this issue and the two appeals will be combined. Fleet is allowed by
law to secure a building that has been abandoned and this has been done. He stated that his
August 13, 1997 City Council Summary Minutes Page 9
proposed resolution contains indemnification language to protect the City from any possible
accidents on the property
Stephen Christie, Assistant City Attorney, representing Public Health, appeared. He
recommended that the Council grant the stay. He noted that his resolution provides additional
protections in addition to what Mr. Zielke proposed.
Mr. Zielke stated that Fleet Mortgage is foreclosing on the property and the sale was scheduled
for August 27. He felt there were limits as to what the City can impose upon the mortgagee in
this situation.
Councilmember Collins spoke in support of Mr. Christie's resolution.
Councilmember's Collins and Bostrom moved approval.
Adopted Yeas - 4 Nays - 0 (Harris not present for vote)
46. Resolution - 97-970 - Approving application for a Second Hand Dealer-Motor Vehicle License by
Walker Quality Sales Inc, dba Snelling Motor Company, 201 Snelling Avenue North. (ID
#34995) (Laid over from August 6)
Vice President Blakey noted that Councilmember Megard requested a one week layover.
Laid over to August 20 Yeas - 4 Nays - 0 (Harris not present for vote)
47. Resolution - 97-1006 - Approving application for a State Class B Gambling Premise Permit by
Epilepsy Foundation of Minnesota at Skarda's Liquors, 728 Armstrong Avenue. (ID #B-02928)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 4 Nays - 0 (Harris not present for vote)
48. Resolution - 97-1007 - Approving application for a Gambling Manager's License by Epilepsy
Foundation of Minnesota at Skarda's Liquors, 728 Armstrong Avenue. (ID #10477)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 4 Nays - 0 (Harris not present for vote)
(Harris returned)
49. Resolution - 97-1008 - Concerning adverse action against the Wine On Sale License held by Style
2000, dba Cafe Latte, 850 Grand Avenue. (Uncontested)
Peter Quinn of Cafe Latte appeared and stated he was not aware that it was a requirement that
wine must be sold with food.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection, appeared and noted that Minnesota Statute 348.404, sub. 5 gives a
municipality authority to issue on-sale wine licenses only in conjunction with food. The City of
August 13, 1997 City Council Summary Minutes Page 10
Saint Paul enacted an ordinance in conformance with that statute. She indicated that the Office of
Licensing did provide a copy of the ordinance to Cafe Latte at the time the license was obtained.
Bob Casselman, neighborhood resident and member of the community council, appeared and
spoke in opposition to adverse action saying this incident was not intentional.
Councilmember Bostrom moved to close the public hearing. Yeas - 5 Nays - 0 •
Councilmember Collins moved to stay the one day suspension for 18 months.
Adopted as amended Yeas - 5 Nays - 0
50. Resolution - 97-1009 - Concerning adverse action against licenses held by Family Liquor S
Corporation, dba Capitol Wine & Spirits, 531 Rice Street. (Uncontested)
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Inspection (LIEP), appeared and stated the alleged violation was sale of liquor to
an underage person. There was a same type of violation by this establishment in 1996; therefore,
this was a second violation and the recommendation of the Office of LIEP was a penalty of six
days suspension. However, there were two days stayed from the previous penalty and, therefore,
eight days suspension was recommended.
Gary Egan, 600 Capitol Boulevard, appeared representing the Capitol Heights Block Club. He
stated that when the license was originally granted to Family Liquor, the Block Club did not feel it
was in the best interest of the neighborhood. He said they would like to see a harsh penalty
imposed and that closing of the establishment occur over Labor Day.
Councilmember Collins moved to close the public hearing. Yeas - 5 Nays - 0
Vice President Blakey said he would like to see 14 days closure with 2 days stayed.
Phil Byrne, Assistant City Attorney, clarified the proposed penalty saying that the two days stayed
from the previous violation would be imposed, 12 new days would be imposed with two of those
stayed for the next 18 months. In order to depart upward, the reasons must be spelled out in writing
in the resolution for making the departure. The factors would include that: there is a relatively short
time between violations; in both cases, because of the policy of the License Division that there was a
complaint about a sale to an underage person, a warning letter was sent and the undercover
operation that took place. In effect, there were a total of four violations in that period of time, in
addition to the fact that the previous matter was an upward departure.
Councilmember Collins noted that the police report says the clerk said one person looked too young
but the other looked to be 22 years old and yet the clerk still allowed the beer to be sold.
Councilmember Bostrom moved approval as amended
Adopted as amended Yeas - 5 Nays - 0
August 13, 1997 City Council Summary Minutes Page 11
51. Resolution - 97-1010 - Concerning adverse action against the Wine On Sale License held by Sole
Cafe, 684 Snelling Avenue North. (Uncontested)
No one appeared in opposition; Virginia Palmer stated this was the same violation as with Cafe
Latte (#49) and since the Council deviated from the penalty recommendations she suggested it be
treated the same.
Councilmember Collins moved to impose a penalty of one day stayed for 18 months.
Adopted as amended Yeas - 5 Nays - 0
52. Resolution - 97-1011 - Concerning adverse action against licenses held by Teng Thao, dba T and
C Home Delivery, 1524 Westminster Street. (Uncontested)
No one appeared in opposition, Councilmember Collins moved approval.
Adopted Yeas - 5 Nays - 0
53. Public hearing to consider the report of the Administrative Law Judge concerning the,Taxicab
Driver's License held by Carlos Rosillo.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LIEP), appeared and explained that this was a matter in which LIEP
requested initiation of adverse action against this Taxicab Driver's License based upon a police
report indicating that on March 14, 1997, Mr. Rossillo was ticketed for failing to obey a police
officer to stop to allow the arrest of a passenger. LIEP felt the incident was exacerbated by the
reckless manner in which the cab driver drove away.
The Administrative Law Judge (ALJ) report recommended no action. However, the City
Attorney's Office filed written exceptions on behalf of LIEP and amended findings and
conclusions which outline the testimony presented and the basis on which the Council was asked
to adopt the amended findings and conclusion and impose adverse action. Ms. Palmer stated that
the All considered evidence that was not in the record at the time of the hearing. Mr. Rosillo
appeared but chose not to testify.
Christine Rosillo, wife of Carlos Rosillo, appeared and explained the circumstances surrounding
the incident.
Councilmember Collins moved to close the public hearing. Yeas - 5 Nays - 0
Councilmember Collins moved approval as amended.
Accepted the Written Exceptions presented by the Office of License, Inspections and
Environmental Protection - License Revoked. Yeas - 5 Nays - 0
August 13, 1997 City Council Summary Minutes Page 12
54. Resolution - 97-1012 - Granting Schwietz Saloon, 956 Payne Avenue, a sound level variance on
September 11, 12, and 13, 1997, from 8:30 p.m. to 12:30 a.m.
Councilmember Bostrom presented amendments to the resolution.
Jeff Matthews, co-owner of Schweitz Saloon, appeared and discussed the variance they were
requesting. He said they are willing to make modifications to alleviate complaints that arose from
a concert in June but said they need a 100 ft. distance measurement rather than the 50 ft. stated in
the resolution.
Bob Kessler, Office of License, Inspections and Environmental Protection, stated that the Council
has the right to set variance levels and the point at which it would be measured.
Appearing and speaking in support of the variance for Schwietz Saloon were the following:
David Lameyer, President of Payne-Arcade Business Association
Judy Purcell Auge, area resident and vice president of the Board of Directors of the East Side
Neighborhood Development Corporation
Elizabeth Guliano, 1000 Edgerton Street
Sandra Ritchie, area resident
Bob Kessler indicated there would not be a great difference in measuring between 50 ft. and 100
ft. There is not a significant increase in volume that would be noticeable throughout the
neighborhood, he said.
Based on Mr. Kessler's statement, Councilmember Bostrom amended the resolution from 50 ft. to
100 ft.
Greg Copeland, 612 Cook Avenue, appeared. He cited the noise ordinance which indicates the
noise level shall not exceed 90 decibels measured from a distance of 50 ft.
Councilmember Bostrom moved approval as amended.
Adopted as amended Yeas - 5 Nays - 0
55. Resolution - 97-1013 - Approving the decision of the Legislative Hearing Officer on Property
Code Enforcement Appeals for property located at: 1571 Maryland Avenue, 772 Lincoln Avenue,
1339 Sherburne Avenue, 911 Minnehaha Avenue West #105, 640 Jackson Street, 1034 Suburban
Avenue #104, 630 Pierce Butler Route, and 1760 Case Avenue.
Valerie Blatnik-Sigal, former tenant at 772 Lincoln Avenue, appeared and requested that the
condemnation order not be lifted on this property and to consider the safety of the tenants.
Terry McGrath, property owner of 772 Lincoln Avenue, appeared and explained the situation with
the third floor rental unit.
Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0
August 13, 1997 City Council Summary Minutes Page 13
Wendy Lane, Zoning Office, appeared and stated that Mr. McGrath constructed a second unit on
the third floor of his building in 1979. An order was issued to stop construction, Mr. McGrath
continued, and a citation was issued because he did the work without permits. In court, Mr.
McGrath indicated that the tenant who was on the third floor was the family nanny. The Zoning
Code allows domestic employees to live within a single family dwelling and the judge allowed the
nanny to remain on the third floor. The decision states that the attic area will not be used for
rental property and if Mr. McGrath either rents the property or reconnects the stove and cooking
is taking place in this area, he would be in violation of the ordinance. The zoning only allows
single family dwelling at this property.
Phil Byrne, Assistant City Attorney, reported that there is a provision dealing with structures unfit
for human habitation and illegal occupancy. He stated that there was ample evidence to deny the
appeal.
Councilmember Bostrom moved to deny the appeal.
Yeas - 5 Nays - 0
Councilmember Bostrom moved to lay over 1571 Maryland Avenue to September 10 and also
moved to deny the appeal of 1760 Case Avenue.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 5 Nays - 0
1571 Maryland Avenue - Laid over to September 10
772 Lincoln Avenue - Appeal Denied
1760 Case Avenue - Appeal Denied
1339 Sherburne Avenue - See suspension item
Suspension Item
Councilmember Harris and Collins moved for suspension of the rules and approval of the
following resolution:
Resolution - 97-1027 - Suspending enforcement of the revocation of the Certificate of Occupancy
at 1339 Sherburne Avenue subject to conditions.
Patrick Hess, Assistant Ramsey County Attorney, appeared. He said he became involved with the
property at 1339 Sherburne and with the owner through the State nuisance law. It is not
appropriate at this time to file a nuisance action, he said; however, during the course of this, he
became involved with Fire & Safety Services staff who did inspections of several of the units,
found some serious deficiencies and revoked the certificate of occupancy giving Mr. Cederberg
until July 31, 1997 to complete the repairs. He failed to complete the repairs and appeared before
the Legislative Hearing Officer who denied the appeal. Mr. Hess said he feels an arrangement has
been made that satisfies all concerns. This is a 20-unit building housing low to mid-income
people. The plan for balance is to have the repairs done in a timely manner against the needs of
the residents and some of the dangers in the immediate enforcement.
August 13, 1997 City Council Summary Minutes Page 14
Mr. Hess said there are several different major types of repairs that need to be done as well as
smaller repairs.
Allen Cederberg, property owner, appeared and said four apartments were flooded from the heavy
rain this summer. He did not feel he was given ample time to make repairs and, therefore,
appealed the case and requested additional time.
(Harris left and returned)
Pat Fish, Fire Prevention, responded that she disagreed that the damage was relative only to the
flood as there have been a lot of problems with this property. As a result of the flood, Ms. Fish
said she did go to the building and orders were sent but they were in addition to existing orders
already on the building. Mr. Cederberg was given 24 hours because on that date she condemned
four units on the bottom level that were flooded and unlivable. Those units had to be vacated
within 24 hours. The other orders had been outstanding for some time.
Mr. Cederberg said he agrees with the stipulations.
Adopted Yeas - 5 Nays - 0
The meeting was recessed from 7:55 to 8:10 p.m.
Present - 4 - Blakey, Bostrom, Collins, Harris
Absent - 3 - Megard, Thune (excused), Morton (arrived after roll call)
56. Resolution - 97-1014 - Ordering the owner to remove or repair the building at 106 Congress
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Roger Palme, owner of 106 Congress Street, appeared.
Reneta Weiss, Public Health, stated that a summary abatement was done on the property. At this
time Mr. Palme is waiting for a signoff from the Office of LIEP. If it is approved, it will be
done. If LIRP finds things that still need to be done, he would have an extra week to complete the
work.
Councilmember Harris moved to lay over two weeks.
Laid over to August 27 Yeas - 5 Nays - 0
57. Resolution - 97-1015 - Ordering the owner to remove or repair the building at 924 Forest Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to February 3, 1998 if a $2,000 bond is
posted and the necessary permits are pulled by noon on August 13, 1997)
Reneta Weiss reported that the bonds have been posted.
Councilmember Bostrom moved approval as amended.
August 13, 1997 City Council Summary Minutes Page 15
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
58. Resolution - 97-1016 - Ordering the owner to remove or repair the building at 772 Frank Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 5 Nays - 0
59. Resolution - 97-1017 - Ordering the owner to remove or repair the building at 328 Lexington
Parkway North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval and amending the date for repair or removal to February 3, 1998 if a
$2,000 bond is posted and the vacant building fee paid by noon on August 13, 1997)
Reneta Weiss, Public Health, reported that the vacant building fees were paid; however, the bond
was not posted but the owner brought a receipt to Mr. Strathman's office for a pending bond to be
taken out.
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0 (Remove or repair within fifteen days)
60. Resolution Ratifying Assessment - 97-1018 - In the matter of boardings-up of vacant buildings for
March 1997, demolitions for March and April 1997, and collecting expenses for towing
abandoned vehicles from properties from April to December 1996. (File #J9708B, J9709C,
J9706V) (Legislative Hearing Officer recommends approval with the following exception: 140 E.
Delos Street - delete assessment)
Councilmember Bostrom questioned the status of 608 York Avenue. Reneta Weiss, Public
Health, reported that the Legislative Hearing Officer made no recommendation.
Joel LaVahn, attorney representing Homesmart Management, appeared and provided background
information on 608 York Avenue.
Phil Byrne, Assistant City Attorney, stated that Mr. Vodel, City Claims Manager, received the
claim. The only issue before the Council at this time was the assessment; the notice procedures
were handled properly.
Mr. LaVahn stated that Homesmart was never given notice. Twin City Federal held the mortgage
that his client assumed and they received the notice.
Councilmember Harris moved to lay over 608 York Avenue two weeks and adopt the balance of
the resolution as amended.
August 13, 1997 City Council Summary Minutes Page 16
Adopted as amended Yeas - 5 Nays - 0
140 E. Delos Street - delete assessment
608 York Avenue - laid over to August 27
61. Appeal of Mary Altman to a Summary Abatement Order for property at 428 Ohio Street.
(Legislative Hearing Officer recommends denial but giving the owner until August 4, 1998 to
take care of the problem)
No one appeared in opposition; Councilmember Collins moved to deny the appeal.
Appeal Denied (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
62. Appeal of Jeanette Kamman to a Summary Abatement Order for property at 53 North Dale Street.
(Legislative Hearing Officer recommends denial because the appeal was received late and the
work had already been done by the City)
No one appeared in opposition; Councilmember Harris moved to deny the appeal.
Appeal Denied Yeas - 5 Nays- 0
63. Appeal of Kenneth Williams to a Summary Abatement Order for property at 721 Tuscarora
Avenue. (Legislative Hearing Officer recommends laying over to the September 2, 1997
Legislative Hearing)
No one appeared in opposition; Councilmember Harris moved to lay over as recommended by the
legislative Hearing Officer.
Laid over to September 2 Legislative Hearing and September 10 City Council Meeting.
Yeas - 5 Nays - 0
64. Resolution Ratifying Assessment - 97-1019 - In the matter of the Arlington/Ruth Area Street
Paving and Lighting Project. (File #18833)
This item was listed on the agenda in error. Councilmember Bostrom moved to lay aver to a
public hearing on September 10, 1997.
Laid over to September 10 Yeas - 5 Nays - 0
65. Final Order - 97-1020 - In the matter of sidewalk reconstruction on the north side of James
Avenue from South Fairview Avenue to South Howell Avenue. (Laid over from August 6)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
August 13, 1997 City Council Summary Minutes Page 17
66. Final Order - 97-1021 - In the matter of improving the alley in Block 9, Summit Avenue
Addition, (bounded by Saratoga, Portland, Pascal and Summit) by grading and paving with
bituminous material. (File #18849)
Thomas Votel, 1493 Summit Avenue, appeared and said the neighbors were told by staff from the
Department of Public Works that they would lower the exit from the alley so that it would drain
properly. It will also be blacktopped so the City will not have to keep going back and incurring an
expense for the property owners. The size of the alley could be reduced from 16 feet wide to 12 feet
wide and that will reduce the cost so he requested that the cost be recalculated.
Paul St. Martin, Department of Public Works, appeared and stated that the alley is a dead end alley
with an entrance off Portland Avenue. Portland was paved in 1990 as part of a sewer separation
project. The sidewalk that runs across the alley entrance was in place in 1990 and it sets the grade
for the alley. The only thing done was a driveway apron was built. The alley is very flat. Public
works will try and dip the sidewalk a little to get some grade to take the water out to the street. The
other option would be to build a sewer up the alley which would double the cost of alley paving.
Public Works feels that the assessment rate as proposed should stay and the reconstruction of the
driveway apron, as part of the project, should be assessed to the property owners.
Paving the alley at 12 feet would bring the price down some, but if the Council wants to reduce it a
dollar a foot, that is acceptable, St. Martin said. However, Public Works would be opposed to
further reducing the cost for the driveway work that the property owners think the City should pay
for. If the cost of the apron is assumed by the City, it would lower the assessment rate to about $8.00
and the City would pick up about $2,000.
Councilmember Harris moved that the cost of the apron be lowered at the expense of the City; it
would not be assessed back to the property owners who are paying for the alley now. The sidewalk
will be lowered and the width of the alley will be 12 feet.
Councilmember Harris moved approval as amended
Adopted as amended Yeas - 5 Nays - 0
67. Final Order - 97-1022 - In the matter of condemning and taking an easement in the land necessary
for the slopes, cuts and fills in grading and paving the alley in Block 9, Summit Avenue Addition.
(File #18849-S)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
68. Final Order - 97-1023 - In the matter of installation of a lantern style street lighting system on
Burr Street from Tedesco Street to Minnehaha Avenue, and installation of a traffic signal at the
intersection of Burr Street and Tedesco Street. (File #18850)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0
August 13, 1997 City Council Summary Minutes Page 18
69. Final Order - 97-1024 - In the matter of sidewalk reconstruction on the east side of North Hamline
Avenue from West Arlington Avenue to West Nebraska Avenue. (File #S97089)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 5 Nays - 0
70. Final Order - 97-1025 - In the matter of sidewalk reconstruction on both sides of East Arlington
Avenue from North White Bear Avenue to North Hazel Street, both sides of Germain Street from
East Seventh Street to Stillwater Avenue, both sides of East Idaho Avenue from Atlantic Street to
Chamber Street, both sides of East Idaho Avenue from Hazelwood Street to Germain Street and
the south side of East Idaho Avenue from Germain Street to Kennard Street, both sides of East
Montana Avenue from North White Bear Avenue to North Hazel Street, and both sides of
Stillwater Avenue from Hazelwood Street to Germain Street. (File #S97090-597095)
Judy Barry, 1867 East Montana, appeared and stated she was concerned about what may happen
to her property stake. It is now in the concrete in front of her sidewalk and if new sidewalk is
installed, she asked if it will still be there.
Paul St. Martin, Department of Public Works, suggested that staff from the Sidewalk Division
meet with Ms. Barry to discuss the situation.
Councilmember Bostrom moved to lay over 1867 East Montana for two weeks and approval of the
balance.
Adopted as amended Yeas - 5 Nays - 0
Both sides of East Montana Avenue from North White Bear Avenue to North Hazel Street (1867
East Montana Avenue) - Laid over to August 27 (S97094)
71. Final Order - 97-1026 - In the matter of sidewalk reconstruction on the west side of Algonquin
Avenue from Stillwater Avenue to Case Avenue, both sides of North Hazel Street from East Fifth
Street to Margaret Street & the east side of North Hazel Street from East Fourth Street to East
Fifth Street, both sides of North Howard Street from Wilson Avenue to Conway Street and both
sides of Howard Court from North Howard Street to the cul-de-sac, both sides of Margaret Street
from North White Bear Avenue to North Hazel Street, and both sides of Tower Street from
Wilson Avenue to Conway Street. (File #S97096-S97100)
No one appeared in opposition; Councilmember Morton moved to lay over two weeks.
Laid over to August 27 Yeas - 7 Nays - 0
72. Public hearing to consider the application of Pineview Homes, Inc. for a preliminary and final plat
to allow each townhouse unit at 496 Laurel Avenue to be sold individually and recorded with
Ramsey County Property Records.
Marilyn Vogel, 471 Ashland Avenue, appeared and spoke in opposition saying she had submitted
a letter to the Council earlier.
August 13, 1997 City Council Summary Minutes Page 19
Councilmember Harris presented an amendment to the plat indicating that the additional 2% lot
coverage has no real bearing on the development.
Roger Ryan, Department of Planning and Economic Development, responded that there is a
regulation indicating that the maximum amount of lot coverages should be 30%. Through a mis-
reading of the plans in the Office of License, Inspections, and Environmental Inspection, it was
discovered that these buildings would cover 32% of the lot. The recommendation is that a
variance be granted along with a plan for the extra 2%.
Councilmember Harris moved approval.
Plat application approved including a variance from the lot coverage requirement.
Yeas - 5 Nays - 0
73. Public hearing to consider the appeal of Reynold Hurdt to a decision of the Heritage Preservation
Commission denying approval of manufactured siding and trim at 267 Maria Avenue.
Aaron Rubenstein, Heritage Preservation staff with the Office of License, Inspections and
Environmental Protection, provided a staff report. The house at 267 Maria was built in 1904 in
the Dayton's Bluff District in the Craftsman style and is categorized as pivotal to the character of
the district. It currently has cement asbestos siding and wood trim. The owner received an order
from a City housing inspector to replace some rotted wood on the trim and to paint the trim on the
house. The owner was seeking approval to put vinyl or aluminum siding on the house and
believes that would be the most economical approach in terms of cost and longevity.
The Heritage Preservation Commission (HPC) voted 10-0 to deny approval of the manufactured
siding finding that the proposal would directly conflict with the historic district guidelines and
have an adverse impact on the character and integrity of the building and surrounding area and
would be particularly inappropriate on a pivotal building.
The Dayton's Bluff District Guidelines say that the Commission may consider economic hardship,
Mr. Rubenstein said, and he encouraged the appellant several times prior to the HPC meeting to
provide cost data on different options if that were to be the basis for his argument and he did not
do this. A clear case of economic hardship was not made by Mr. Hurdt, Rubenstein stated.
Mr. Hurdt, 267 Maria, the appellant, appeared and stated he feels siding would enhance the home
and that he would put on the best quality product he could.
Also appearing and speaking in support of Mr. Hurdt were Mary Delaney, a neighbor, and Gloria
Gomez, 270 Maria Avenue.
Councilmember Morton moved to close the public hearing. Yeas - 5 Nays - 0
Councilmember Morton moved to grant the appeal on the basis that she feels the house will be
very attractive with new siding.
August 13, 1997 City Council Summary Minutes Page 20
Vice President Blakey spoke in opposition stating that if there is going to be a historic
preservation district in the Dayton's Bluff area, there should be consistency.
Appeal Granted Yeas - 4 Nays - 1 (Blakey)
74. Public hearing to consider the appeal of Phillippe and Arm Arroyas to a decision of the Heritage
Preservation Commission denying approval of a new driveway and side yard parking pad at 322
Summit Avenue.
Councilmember Harris moved to lay over to September 24
Laid over to September 24 Yeas - 5 Nays - 0
FOR DISCUSSION
36. Resolution - 97-1002 - Recommending to the Public Utilities Commission (PUC) that it use the
"doughnut split" method to bring about area code relief in the 612 area code.
Withdrawn by Councilmember Collins
37. Resolution - 97-1003 - Recommending to the Public Utilities Commission (PUC) that it use the
"river split" method to bring about area code relief in the 612 area code.
Withdrawn by Councilmember Collins
38. Resolution - 97-1004 - Recommending to the Public Utilities Commission (PUC) that it use the
"overlay" method to bring about area code relief in the 612 area code.
Councilmember Collins moved approval saying he felt this was the best method.
Adopted Yeas - 5 Nays - 0
39. Report from the Administration on the progress of the Electronic Computerized License
Inspection and Permit System (ECLIPS)
A written report was presented prior to meeting.
ORDINANCES
40. Final Adoption - 97-869 - An ordinance amending the Saint Paul Legislative Code, Appendix H,
incorporating the terms of the Transfer and Franchise Modification Agreement dated November
13, 1996 between the City of Saint Paul, Continental Cablevision and U.S. West.
Councilmember Harris moved approval
Adopted Yeas - 5 Nays - 0
August 13, 1997 City Council Summary Minutes Page 21
41. Final Adoption - 97-870 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
to allow transfer of stock by corporate licensees with the consent of the City Council, and raising
the cap on licenses to allow four additional.
Councilmember Collins moved approval
Adopted Yeas - 5 Nays - 0
42. (See page 7)
43. Final Adoption - 97-914 - An ordinance finalizing City Council action approving the petition of
Metropolitan State University to rezone property located at 4XX Maria Avenue from P-1 to B-2.
(Public hearing held July 2, 1997)
Councilmember Morton moved approval.
Adopted Yeas - 5 Nays - 0
Councilmember Harris moved to adjourn the meeting.
• .•: . • edat9: 1 p.m.
Da id Thune, ou President
ATTEST:
Minutes approved by Council
Nancy Anderson 0 . \c-A ck r1
Assistant Council Secretary
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