Approved Minutes 8-27-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL I
Wednesday, August 27, 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 3:37 p.m. by Vice President Blakey
Present- 6 - Blakey, Bostrom, Collins, Harris, Megard, Morton
Absent - 1 -Thune (excused)
CONSENT AGENDA
FOR ACTION
Councilmember Bostrom requested Item #7 be removed for discussion.
Councilmember Blakey requested Item #8 be removed for discussion.
The following item was inadvertently omitted from the August 27 City Council agenda and was read
into the record by Nancy Anderson:
Report from the Administration for a potential $750,000 program for public street
improvements, other improvements, and retail promotion throughout the City.
Councilmember Megard moved to lay over three weeks.
Laid over to September 17 Yeas - 6 Nays - 0
Councilmember Bostrom moved approval of the consent agenda as amended. Yeas - 6 Nays - 0
1. Claims of Raymond and Catherine Casby, Brendan Kruse, Everett Rudd, Jr., Charla
Thompson, and Scot Woolf.
Referred to Employee/Risk Management Division
2. Notice of Service of Amended Summons and Amended Complaint in the matter of Mark
Larsen vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
3. Letters from Saint Paul Public Health declaring 1331 Bush Avenue, 452 Charles Avenue,
1369 Prosperity Avenue, 1451 Sherburne Avenue, and 701 Surrey Avenue as "nuisance
properties", and setting date of Legislative Hearings for September 2, 1997 and City Council
Hearings for September 10, 1997.
August 27, 1997 City Council Summary Minutes Page 2
4. Letters from Saint Paul Public Health declaring 1107 Burns Avenue, 741 Edmund Avenue,
404 Erie Street, 951 Margaret Street, 96 Robie Street West, and 1421 York Avenue as
"nuisance properties". (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
5. Summons in Application for Registration in the matter of the application of Bernie Czeck to
register title to real estate in Ramsey County described as the East 'h of Lot 8, Block 1
Robertson and Van Etten's Addition in St. Paul.
Referred to the City Attorney's Office
6. Communication from Saint Paul Animal Control dated August 18, 1997 announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
7. (Discussed after the consent agenda)
8. (Discussed after the consent agenda)
9. Resolution - 97-1040 - Agreeing to hold Shiely Company and Upper River Services, Inc.
harmless from activities connected with the fireworks show to be held on Harriet Island on
September 6, 1997.
Adopted Yeas - 6 Nays - 0
10. Resolution - 97-1041 - Authorizing the Department of Human Rights to retain the services of
Kathleen Sheehy for services as law officer relative to the complaint of Beau James Morseth
vs. Refrigeration Repairs and Billy Ray Nail vs. Refrigeration Repairs.
Adopted Yeas - 6 Nays - 0
11. Resolution - 97-1042 - Approving a budget revision in the General Government Accounts for
Outside Attorney's Fees and Tort Claims.
Adopted Yeas - 6 Nays - 0
12. Resolution - 97-1043 - Finalizing City Council action taken August 13, 1997 revoking the
taxicab driver's license of Carlos Rosillo.
Adopted Yeas - 6 Nays - 0
13. Resolution - 97-1044 - Approving the City's contract with Saint Paul Neighborhood Network
(SPNN) effective until June 30, 1998.
Adopted Yeas - 6 Nays - 0
14. Resolution - 97-1045 - Allowing the owner an extension of time to complete rehabilitation of
property located at 651 Watson Avenue.
Adopted Yeas - 6 Nays - 0
15. Resolution - 97-1046 - Authorizing Public Health participation in Minnesota Statute §65A.50
(withholding of insurance settlement proceeds of fire damaged buildings).
Adopted Yeas - 6 Nays - 0
August 27, 1997 City Council Summary Minutes Page 3
16. Resolution - 97-1047 - Approving a budget resolution to implement Council File 97-143
regarding the performance of Tim Fuller as Fire Chief.
Adopted Yeas - 6 Nays - 0
17. Resolution - 97-1048 - Applying additional Public Facilities Authority loans to the 1997
Capital Projects Fund (C97) for sewer inflow and infiltration construction.
Adopted Yeas - 6 Nays - 0
18. Resolution - 97-1049 - Requesting low interest loans through the Minnesota Public Facilities
Authority for the inflow/infiltration program.
Adopted Yeas - 6 Nays - 0
19. Resolution - 97-1050 - Authorizing the City to enter into a grant agreement with the State of
Minnesota for funding the improvement of Trunk Highway 5 from the Minneapolis-St. Paul
Airport to Interstate Highway 35-E.
Adopted Yeas - 6 Nays - 0
20. Resolution - 97-1051 - Setting date of public hearing for October 8, 1997 for ratification of
1997 Street/Alley Maintenance Service Charge to be assessed against benefitted property.
Adopted Yeas - 6 Nays - 0
21. Resolution - 97-1052 - Ratifying 1997 Street/Alley Maintenance Service Charge. (To be laid
over to October 8 for adoption)
Laid over to October 8 Yeas - 6 Nays - 0
22. Resolution - 97-1053 - Setting date of public hearing for November 12, 1997 for proposal of
1998 Street/Alley Maintenance Service Charge to be assessed against benefitted property.
Adopted Yeas - 6 Nays - 0
23. Resolution - 97-1054 - Authorizing street maintenance for 1998 at basically the same level as
1997. (To be laid over to November 12 for adoption)
Laid over to November 12 Yeas - 6 Nays - 0
24. Resolution - 97-1055 - Extending the moratorium on recycling processing centers that operate
an "automobile shredder" to bridge any gap in time between expiration of existing Ordinance
#96-624 and adoption of extension amendment. (See Item #34)
Adopted Yeas - 6 Nays - 0
25. Resolution - 97-1056 - Releasing water utility easements in Lot 8 and part of Lot 9 in West
Crocus Hill "B" .
Adopted Yeas - 6 Nays - 0
26. Resolution - 97-1057 - Accepting a parcel of land known as 197 Banfil Street from the
Housing and Redevelopment Authority as an addition to North Highbridge Park.
Adopted Yeas - 6 Nays - 0
August 27, 1997 City Council Summary Minutes Page 4
27. Preliminary Order - 97-1058 - In the matter of the design and improvement of the public open
space, currently known as Capital Centre Plaza (to be renamed Ecolab Plaza), and setting date
of public hearing for October 22, 1997. (File #18863)
Adopted Yeas - 6 Nays - 0
28. Resolution Approving Assessment - 97-1059 - In the matter of summary abatements (property
clean-up) for July 1997; boardings-up of vacant buildings for July 1997; cost to install
snowfencing along the east property line of 393 Sherburne Avenue; collect expenses involved
for towing abandoned vehicles from properties for 1996; and summary abatements (property
clean-up) for July through mid-August 1997, and setting date of Legislative Hearings for
September 16, 1997, and City Council Hearings for October 1, 1997. (File #TDBC1097,
J97191B, JSUMISCA, J9710V, J9710A)
Adopted Yeas - 6 Nays - 0
7. Resolution - 97-1038 - Congratulating the Area J Girl's Fastpitch Team.
Councilmember Bostrom introduced coach Dennis Fitzgerald. Mr. Fitzgerald introduced the
members of the Area J Girls Fastpitch Team and talked about the success of the team.
Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
8. Resolution - 97-1039 - Approving an agreement establishing Achievement Plus Community
Schools.
Councilmember Blakey indicated that he had some concern as to what the role of the City is in
this agreement. He pointed out that Exhibit B refers to designing, constructing, operating and
managing a recreation center. He asked what this means for the City of Saint Paul and what
budget implications it would have.
Tim Marx, Mayor's Office, replied that there is a unique partnership between Ramsey
County, the Saint Paul School District, the City of Saint Paul and The Wilder Foundation and
there is a move toward establishing community schools. The City will cooperate with the
other entities to provide recreational services. It is not known at this time to what extent
there may be a need for additional capital, facilities, or programs. The City is committed to
entertain those requests and to work with its partners on a coordinating committee. Before
decisions are made, they must come to the City Council and to the Administration through the
normal budgetary process.
Councilmember Blakey asked how sights are chosen and if the criteria is dependent on the
number of kids under a certain age.
Tim Marx replied that the two community schools planned for this fall are Dayton's Bluff and
Monroe. During the process, Wilder Foundation, the School District and, to some extent, the
City of Saint Paul looked at various criteria such as where there are kids who can benefit from
this type of program, where there were neighborhoods who could be assisted by this type of
August 27, 1997 City Council Summary Minutes Page 5
broad-based effort where there are family needs, and where there are existing resources that
are available to be utilized from the School, City and County. Those are issues that were
already programmed or planned - areas which were eligible based on the demographics and
needs of the community and the students plus facilities that were becoming available. As other
schools are considered, the process will be different.
Mary Kay Boyd, St. Paul Schools, replied that her understanding is that the communities that
have the largest population of children age 16 and under, as well as low income, were
considered. The two conversion sights are in communities that showed the most need. Also
taken into consideration was the City's plan regarding recreational facilities that were either
needed at this time or would be in the future. It was a combination of thoughts and a survey
of needs by the City, the School District and The Wilder Foundation.
Councilmember Harris said he would like more detail on the selection criteria. He questioned
if a process was used to rank schools indicating where there is a need and a high concentration
of kids.
Ms. Boyd replied that communities are also coming to the table to discuss specific areas they
would like to have a school located. The two conversions sights are the first and there
definitely will be others, she said.
Councilmember Harris questioned if there will be a school in the Frogtown area. Ms. Boyd
replied that it is her understanding Frogtown is being considered. There is a problem with a
readjustment, i.e. Pierce Butler Road possibly being a barrier. It was her understanding the
road issue would have to go before the City Council for action. There are a total of five sights
that are planned but they have not been determined.
Councilmember Harris expressed concern about the way the schools have been selected
because there does not appear to be an objective selection measure. He felt that issue should
be addressed before approving the agreement. He indicated there is a need to look at where
they will be appropriate and where they are needed.
Councilmember Bostrom stated that this is a program that Wilder and the School District
would like to move on quickly to identify sights that appear to be in neighborhoods that need
this type of service and where there are buildings in place that can be quickly converted or
used to serve the neighborhoods that need to be served. He noted that there is currently effort
underway at the Legislature for funding for additional sights.
Councilmember Megard stated that she is a member of the Children's Initiative Board. The
process of community schools has been ongoing for nearly two years. This whole idea of
change is a result of interest by the Wilder Foundation and the Saint Paul Public Schools in
order to address transition; the movement of students in some neighborhoods that are not as
stable as others. There were a number of community meetings held in order to talk about this
and to come to some consensus as to where the first sights would be. She also noted that with
the growth in the school population in the City, five new elementary schools are needed and
this program will provide two.
August 27, 1997 City Council Summary Minutes Page 6
Councilmember Harris presented an amendment requesting that criteria for selection of
schools be established. He suggested the City, County and School Board look at criteria and
decide how they want to go forward. Ms. Boyd replied that all those things have been done.
Councilmember Harris requested that information be provided to the Council on the criteria,
rankings of the neighborhoods and the schools considered.
Councilmember Bostrom noted that there is an agreement that Frogtown should be a recipient
but it would be a brand new school on a sight yet to be determined.
Councilmember Blakey questioned if it has been established what the operating dollars and
capital cost would be for the 1998-1999 budget.
Mr. Marx replied that the only thing proposed for the 1998 budget is the CIB recommendation
to finish off the Dayton's Bluff Recreation Center which has already been approval by the
Council. Any additional funds would likely come in the proposed 1998 budget identified as a
new school.
Councilmember Blakey asked when Dayton's Bluff and Monroe will be fully operational. Ms.
Boyd replied that programming began this summer.
Councilmember Collins stated that he is comfortable with Monroe and Dayton's Bluff being
funded under Achievement Plus but said he agrees with Councilmember Harris that the
selection criteria should be presented to the County Board, School Board and the City Council
for review and approval for the next three sights. Before there are discussions about
expenditures, everyone needs to feel comfortable with the selection criteria process as it will
involve major dollars at some point. A financial commitment will not be able to be made
unless it is known how the process occurred.
Councilmember Harris asked if there will be sibling preference for these schools. Ms. Boyd
replied that the issue has not been discussed yet but they would like that community members
who have children under 16 to attend those schools. Councilmember Harris said that it's
something that would be very beneficial and worth exploring. If a family has more than one
child, they should have some preference. He further questioned if there is going to be a
review of the boundaries around the schools saying he hopes some of those issues will be
addressed so that if it's a neighborhood school, a two block area is not carved out and kids end
up at a school quite a distance away which is what is now happening in some districts.
Councilmember Bostrom moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
August 27, 1997 City Council Summary Minutes Page 7
FOR DISCUSSION
29. Resolution - 97-987 - Approving the 1997 Civic Organizations Partnership Program (COPP)
allocation of funding for Project Fresh Start, Inc. Outreach for Youth Program. (Laid over
from August 20)
(Harris left and returned)
Councilmember Morton indicated there is $29,000 which was not used by the Youth Service
Bureau from COPP funds. This program is concerned about escalating violence, gang
activities and poverty. The main purpose is to keep kids off the streets. They have a program
that includes tutoring, mentors, etc.
Jackie Starr, Development Director, Project Fresh Start, Inc. advised that the program is
designed for youth on the East Side of Saint Paul where there is not much recreational or
academic opportunity. The neighborhood is very diverse and secluded. Over the past summer
a total of 63 youths were served. Breakfast and lunch were served and they were involved in
art and recreational activities.
Councilmember Blakey asked if Ms. Starr is aware that this money is one-time funding to
which she replied yes. She said her job is to find the funding and she will write proposals to
the McKnight and Bremer Foundations and will seek corporate funding as well.
Councilmember Megard replied that the COPP dollars were crime-prevention dollars that were
available last year. She indicated she sees from the proposal that there are some elements of
reducing violence. She noted that there were a number of groups that came in for this money
and were not funded. She further noted that this is one-time only funding in the amount of
$29,000 and up to this point this group has been able to operate on $10,000. Ms. Starr replied
that the reason they did not come to the table earlier is because they did not know about the
COPP dollars.
Councilmember Megard said her concern was that they came in the middle of the process
when the Council is not able to fund other groups or there is reduced funding.
Councilmember Bostrom advised this was brought to his attention about a year ago and it is in
an area that could use some help. He indicated he's encouraged that there is an organization
that is coming forward and working with youth as it's something that is seriously needed. He
requested that Ms. Starr come back to the Council in six months with information as to the
number of youth that have been served and the types of programs being provided.
Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0
August 27, 1997 City Council Summary Minutes Page 8
30. Resolution - 97-1037 - Directing the Department of Planning and Economic Development
Director and the Housing and Redevelopment Authority to review all of the economic
development programs administered by the Department to determine the most effective manner
in which the goals of the Vendor Outreach Program can be applied and report back to the City
Council by March 1, 1998, with specific recommendations and criteria. (Laid over from
August 20)
(Note this discussion included both Items #30 and #32)
Councilmember Collins noted that the resolution talks about what projects would be funded.
He asked if that includes any projects that the Housing and Redevelopment Authority (HRA)
would have revenue bonds for.
Martha Larson, Finance and Technology Services, responded that the intent of the resolution
is that the Vendor Outreach Program will apply to any project in which the City has an
ownership interest including holding title or projects where the debt is backed by the full faith
and credit of the City. If the revenue bond has that kind of backing, it would apply.
Pam Wheelock, Department of Planning and Economic Development, stated that there are
different kinds of projects that are funded with revenue bonds and conduit financing. She said
she would include this in the recommendations which will come back to the Council on March
1, 1998.
Councilmember Megard asked if this ordinance improves upon the enforcement that the City
presently has in place.
(Harris left and returned)
Phil Byrne, Assistant City Attorney, responded that the enforcement mechanisms are unique to
this particular ordinance. It's different in its approach than what is in the Targeted Vendor
Program. The ordinance will be enforced by the Purchasing Division and the enforcement
mechanism is that if there is not compliance with the requirements of this ordinance, the bid
will be deemed unresponsive and the contractor will not get the bid. For development
contracts that are not the normal type of City-let contracts, the instruction is for the contract to
provide that the developer comply with the outreach requirements of this ordinance and if that
contractor does not, it will be a breech of the contract and handled through contract
enforcement.
Councilmember Megard asked if there was language in the ordinance indicating that if the
contract is not fulfilled there will be some penalty in the future for the contractor. Mr. Byrne
responded that each future contract would be required to have its own contractual terms and
provisions obligating and provide for breech. It would be assumed that the penalty for a
violation would be sufficient for that violation. They will not get the bid unless they have
complied, Byrne said. The question of non-compliance does not take place with respect to
that. With respect to a development contract, it would be whatever the contract provides as
far as a remedy for the breech.
August 27, 1997 City Council Summary Minutes Page 9
Linda Camp, Purchasing Division, added that Purchasing looks for commitment to the terms
up-front. If it is determined that someone has failed to perform, the next time that vendor gets
consideration for a low bid, it is one of the things that can be used as a factor. There also is a
debarment ordinance that would allow those kinds of factors to be considered and a vendor
could be barred under that authority.
Councilmember Megard responded that she would like the specifics of a penalty to be in the
ordinance.
Ms. Camp further stated that contractors have to demonstrate that they are using certified
vendors and submit names of the ones they are going to use before the contract is finalized. If
it is determined the ones they do list do not meet the requirements, the contract is not
awarded. If it is determined after a contract is awarded that there is a non-compliance issue,
it's dealt with immediately. Contracts have been terminated in the past for non-conformance.
Jackie Hicks, Purchasing Division, addressed the issue of a vendor going out of business
saying that the first qualification is that the outreach vendor be replaced with another similar
vendor. Purchasing would work with the vendor to try to find another one in the program that
could meet the specifications of the vendor who dropped out. If not, they would move on to
something else and get them to achieve the goals with another outreach vendor in another area.
Councilmember Blakey asked if the debarment ordinance has ever been used and who makes
the decision to use this ordinance. Ms. Camp responded that anyone who can provide
documentation can come forward and initiate a process.
Councilmember Megard said she wants to see the ordinance be specific. She questioned Phil
Byrne whether bid shopping is prohibited under this ordinance by the prime contractors. Mr.
Byrne responded that it is not prohibited. Bid shopping is when a prime contractor gets
prospective bids from vendors that would be covered under this ordinance and then go to other
vendors and request bids in an attempt to get the lowest possible bid. If a lower bid was
received from a vendor that was not covered by this ordinance, the prime contractor would let
them know that a lower bid was received from someone else and ask if they could meet that
bid. He felt trying to prohibit it would raise serious legal questions. The City would be
attempting to prevent a prime contractor from getting the lowest responsible bid on a City
contract that would be covered by bidding. If the Council wishes to proceed with prohibiting
this practice, Mr. Byrne said the City Attorney's Office would need time to work on it.
Councilmember Megard noted that the goal of this ordinance is to increase the number of
women and minority owned businesses that are doing business with the City. She requested
that an opinion be provided as to whether or not language could be put in that would address
the issue of bid shopping. Mr. Byrne responded that whether or not the language is put in,
enforcement may be a major issue.
Councilmember Megard also asked about the submission of names, addresses, phone numbers
and bid prices of contractors. Linda Camp responded that that information is collected as a
matter of course for any bid whether there is a requirement on it for this program or not.
August 27, 1997 City Council Summary Minutes Page 10
Councilmember Megard further questioned what criteria is used to set the levels of
participation, how goals are set, and how it is known if the goals have been reached. Linda
Camp responded that what they are envisioning in this ordinance for the broad categories is
that they will look at the vendor pool - who is really out there and what the history is of the
City's spending in that area. Phil Byrne clarified that the ordinance is not a quota or set-aside
program.
Councilmember Megard moved to introduce three amendments to the ordinance.
Yeas - 6 Nays - 0
Councilmember Harris said he would like to receive an information packet showing how this
looks for the business; what they will see when they are applying either to get certified or if
it's on a contract.
Councilmember Megard move approval.
Adopted Yeas - 6 Nays - 0
32. Final Adoption - 97-840 - An ordinance to enact the Vendor Outreach Program as new
Chapter 84 of the Saint Paul Administrative Code. (Substitute introduced August 20)
(Discussed as part of#30)
Councilmember Megard introduced amendments which were accepted as friendly.
Amended and laid over to September 3 for final adoption
Yeas - 6 Nays - 0
PUBLIC HEARINGS
35. Resolution - 97-1062 - Approving application for a State Class B Gambling Premise Permit by
Catholic Parents Club at Sherwood Lounge, 1418 White Bear Avenue North. (ID #B-00812)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
36. Resolution - 97-1063 - Approving application for a Gambling Manager's License by Catholic
Parents Club at Sherwood Lounge, 1418 White Bear Avenue North. (ID #49864)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
37. Resolution - 97-1064 - Approving application for a Restaurant-B, On Sale Malt (strong beer),
and Wine On Sale License by D'Amico Catering Inc., dba D'Amico & Sons, 975 Grand
Avenue. (ID #25729)
Patricia Alesso, tenant of the lower part of the building at 975 Grand Avenue, appeared and
addressed concerns about parking noting that there is already a problem with congestion.
August 27, 1997 City Council Summary Minutes Page 11
Kris Schweinler, Office of License, Inspections and Environmental Protection (LIEP),
responded that there is a parking agreement between D'Amico Catering and Cherokee State
Bank for the use of their parking lot which will provide for adequate parking and meets the
requirements of the Zoning Code.
John Hardwick, Office of LIEP, responded that the agreement with the bank was never
formalized and D'Amico has re-applied to the Board of Zoning Appeals (BZA) to have the
condition modified or removed from the variance. It is scheduled to be heard by the BZA on
September 8. It was his understanding that D'Amico wanted the matter to be laid over in
order to have further meetings with the bank and the district council.
Ms. Schweinler responded the agreement was received on August 26. Mr. Hardwick yet
questioned whether it will meet the zoning code requirements as a formal shared parking
agreement. He suggested it be reviewed by the City Attorney's Office.
Councilmember Megard moved to lay over one week.
Laid over to September 3 Yeas - 6 Nays - 0
38. Resolution - 97-1065 - Approving the decision of the Legislative Hearing Officer on Property
Code Enforcement Appeals for property at 1571 Maryland Avenue, 900 DeSoto Street, 284
South Exchange Street, 625 North Chatsworth Street, 262 West Seventh Street, and 853
Maryland Avenue East.
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
39. Resolution - 97-1014 - Ordering the owner to remove or repair the building at 106 Congress
Street West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval) (Laid over from August 13)
Gerry Strathman, Legislative Hearing Officer, advised that he received a telephone message
from the owner stating the property was ready for reinspection.
Reneta Weiss, Public Health, stated that she spoke with the owner on August 27 and was
advised he could get a sign-off on August 28. She also spoke with Don Wagner, Building
Inspections, who indicated he was not sure the owner was that close to being finished. Ms.
Weiss said she advised the owner to be at this hearing to request additional time.
Gerry Strathman advised that it appears that progress is being made with respect to this
property. The owner has current permits on the property.
Councilmember Collins moved to lay over four weeks.
Laid over to September 24 Yeas - 6 Nays - 0
August 27, 1997 City Council Summary Minutes Page 12
40. Resolution - 97-1066 - Ordering the owner to remove or repair the building at 747 Central
Avenue West within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval and amending the date for repair or removal to February 19,
1998 if a $2,000 bond is posted by noon on August 27, 1997)
Gerry Strathman, Legislative Hearing Officer, advised that the $2,000 bond was posted.
No one appeared in opposition; Councilmember Megard moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
41. Resolution - 97-1067 - Ordering the owner to remove or repair the building at 737 Cypress
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Rob Lock, owner of adjacent property, appeared and indicated that this property has been a
problem for four years. He recommended removal of the property.
Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0
42. Resolution - 97-1068 - Ordering the owner to remove or repair the building at 952 Jenks
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted as amended Yeas - 6 Nays - 0
(Remove or repair within five days)
43. Resolution - 97-1069 - Ordering the owner to remove or repair the building at 954 Jenks
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted as amended Yeas - 6 Nays - 0
(Remove or repair within five days)
44. Resolution - 97-1070 - Ordering the owner to remove or repair the property at 617 York
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Gerry Strathman, Legislative Hearing Officer, reported that no one appeared at the Legislative
Hearing on this property; however, it was reported by Public Health that the building was
condemned in April, 1996. The current owner began rehabilitation but never finished. The
bond was forfeited in July, 1997 and the owner was tagged for allowing occupancy of the
building.
(Megard left and returned)
August 27, 1997 City Council Summary Minutes Page 13
Gary Penanen, part owner, and his son Robert appeared. He advised that the tag for vacancy
was issued when he had someone spend one night in the house due to the fact that the day
before windows had been broken. Mr. Penanen said he filed a claim in conciliation court,
attempting to get the $2,000 bond back or get a six-month extension. He indicated that over
half of the work is complete and that Don Wagner, Building Inspector, said if siding was
replaced on the house, the $2,000 would be returned and he would receive a six-month
extension. He further stated that the siding could be repaired for $100.00. Replacement
would cost $6,000-$7,000. He asked for a six-month extension to complete work.
Gerry Strathman indicated that it is unlikely the permits are valid since the bond has been
forfeited.
Councilmember Bostrom moved to lay over to September 10 to allow the owner time
to secure the necessary permits and a bond.
Laid over to September 10 Yeas - 6 Nays - 0
45. Appeal of Milton Evenson to a Summary Abatement Order for property at 733 Wells Street.
(Legislative Hearing Officer recommends granting the appeal due to inadequate notification)
No one appeared in opposition; Councilmember Bostrom moved to grant the appeal.
Appeal granted (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
46. Appeal of Barbara Hill to a Summary Abatement Order for property at 1261 Seventh Street
East. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Morton moved to deny the appeal
Yeas - 6 Nays - 0
47. Appeal of Harry & Patricia Jones to a Summary Abatement Order for property at 750 Charles
Avenue. (Legislative Hearing Officer recommends denying the appeal with respect to the
parking issue and installing house numbers on the garage; however, the compliance date for
painting the garage has been extended to September 22)
No one appeared in opposition; Councilmember Bostrom moved to deny the appeal.
Appeal denied (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
48. Appeal of Pham Express Real Estate Services to a Summary Abatement Order for property at
803 Sherburne Avenue. (Legislative Hearing Officer recommends granting the appeal)
No one appeared in opposition; Councilmember Collins moved to grant the appeal.
Appeal granted Yeas - 6 Nays - 0
49. Final Order - 97-1071 - In the matter of sidewalk reconstruction on both sides of East
Montana Avenue from North White Bear Avenue to North Hazel Street. (File #S97094)
(Laid over from August 13)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
August 27, 1997 City Council Summary Minutes Page 14
50. 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) (Laid over from
August 13)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0
51. Final Order - 97-1072 - In the matter of improving the north-south alley in Military Addition
from Morton Street to approximately 90 feet north of Morton Street (bounded by Ottawa,
Baker, Smith and Morton) by grading and paving with bituminous material. (File #18851)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
52. Final Order - 97-1073 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts, and fills in the grading and paving of the north-south alley in
Military Addition from Morton Street to 90 feet north of Morton Street (bounded by Ottawa,
Baker, Smith and Morton). (File #18851-S)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 6 Nays - 0
53. Final Order - 97-1074 - In the matter of condemning and taking a temporary construction
easement for the improvement of Swede Hollow Park. (File #18862)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
54. Resolution Ratifying Assessment - 97-1075 - In the matter of demolition of vacant building for
March 1997 for property at 608 York Avenue. (File #J9709C1) (Laid over from August 13)
Councilmember Bostrom moved to lay over four weeks noting that Phil Byrne, Assistant City
Attorney, is working on this matter.
No one appeared in opposition; Councilmember Bostrom moved to lay over four weeks.
Laid over to September 24 Yeas - 6 Nays - 0
55. Resolution Ratifying Assessment - 97-1076 - In the matter of installation of storm sewer
service connections, as requested by the property owners, in conjunction with the
Maryland/Dale Area Project. (File #18609-6)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 6 Nays - 0
August 27, 1997 City Council Summary Minutes Page 15
56. Public hearing to consider the appeal of William & Kathryn Babcock to a decision of the
Board of Zoning Appeals granting a variance to allow parking within a required side yard to
continue at 459 Portland Avenue. (Rescheduled from June 25)
John Hardwick, Office of License, Inspections and Environmental Protection (LIEP), appeared
and stated that the applicant, Ms. Bachmeier, applied for a variance in February, 1997 in
order to convert this duplex into a triplex. At that time it came to LIEP's attention that there
was a non-conforming parking situation consisting of a driveway and parking space located in
the side setback. The Board of Zoning Appeals (BZA) subsequently granted the variances
needed to convert the building into a triplex, subject to the condition that the parking situation
be resolved. Subsequently, Ms. Bachmeier applied to the BZA for a variance in order to
legalize the nonconforming parking situation and the appeal was granted. There was
opposition from William & Kathryn Babcock. They base their appeal on the fact that the
driveway is causing water runoff onto their property as well as creating unnecessary noise and
exhaust fumes. They also state that they believe the BZA approval was granted in error. The
driveway was approved by the Heritage Preservation Commission and also received a permit
from the Public Works Department for the curb cut. The driveway was never reviewed by the
Zoning Administration Office possibly because driveways do not require building permits.
Creating a new off-street parking space would require a permit and would require review.
This matter never went before the zoning administration in 1989. Because it came to light at a
public hearing for the variance request to convert the building into a three-unit building, it was
necessary to resolve the matter and the applicant applied for a variance in order to legalize the
parking space.
Kathryn Babcock, 453 Portland Avenue, appeared, and requested that the variance be
overturned. In 1988 the full Heritage Preservation Commission (HPC) denied approval of the
driveway. One year later the staff said it would be allowed with a special condition use permit
but there still is no HPC approval. The full seated board was overturned by one staff
member. The denial by the HPC was never appealed by Donald Bachmeier as is required to
overturn an HPC decision. The driveway violates code, she said, and the resolution of the
BZA does not identify that parking spaces in the historic district must be located in the rear
yard. They also must be screened from the street. She challenged Mr. Hardwick's statement
that it will not cause adverse consequences and that it is in keeping with the HPC Code saying
this has been untrue since 1989. What was once a single family home is becoming a triplex
and possibly a fourplex. Ms. Babcock said the noise will be increased for her. She feels there
is plenty of room for parking in the back of the home. She asked the Council not to allow the
side parking as there are alternatives and it has violated City Code since 1989 when it was
overturned. She further noted that there is alley access.
Councilmember Megard asked why two garages are allowed. Mr. Hardwick responded that as
a three level building, there is a requirement for four off-street parking spaces. A condition of
approval by the BZA for the three unit building was that additional off-street parking spaces be
added in the rear yard. The decision of either surface parking or garages is up to the property
owner. There is some complication in adding parking spaces in the rear yard because the
grade of the property is higher than the grade of the alley making access to the rear yard
difficult.
August 27, 1997 City Council Summary Minutes Page 16
The following individuals appeared and addressed the issue:
(Councilmember Harris left and returned during discussion)
Brigitte Bachmeier, 459 Portland, spoke in opposition to the parking variance.
Lou Sudheim, 439 Portland, spoke in support of the variance.
Resident, 449 Portland, spoke in support of the variance.
Linda Salway, 467 Portland, spoke in support of the variance.
Neal Lagos, 457 Portland, spoke in support of the variance.
Councilmember Bostrom stated that it appeared everything was done to the City's satisfaction
and he does not feel the driveway is detracting from the appearance of the house.
Councilmember Bostrom moved to deny the appeal.
Motion of Intent - Appeal Denied Yeas - 5 Nays - 1 (Collins)
57. Public hearing 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. (Public hearing to be laid over to September 10)
Councilmember Megard moved to lay over to September 10.
Laid over to September 10 Yeas - 6 Nays - 0
31. Resolution - 97-1060 - Approving the issuance of an approximate $6,000,000 tax-exempt and
taxable conduit bond issue to National Checking Company for the acquisition and construction
of a new facility of approximately 70,000 square feet in the Crosby Lake Business Park.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
ORDINANCES
33. Final Adoption - 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.
Councilmembers Harris and Megard moved approval.
Adopted Yeas - 6 Nays - 0
34. First Reading - 97-1061 - An ordinance extending the moratorium on recycling processing
centers that operate an "automobile shredder" for the full 30 months or until the City has
adopted any needed plan or zoning amendments concerning automobile metal shredders. (See
Item #24)
Laid over to September 3 for second reading
August 27, 1997 City Council Summary Minutes Page 17
Suspension Item
Councilmember Collins moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-1077 - Accepting a $100,000 grant from the Minnesota Department of Public
Safety on behalf of the District 6 Community Council for a joint youth/police project and
authorizing the execution of a funding agreement as set forth by state statute.
Adopted Yeas - 6 Nays - 0
Councilmember Harris moved to adjourn the meeting.
a JO r NED AT .. 5 P.
' bV'
David F • 1 cil President
ATTEST:
Minutes approved by Council
Nancy Anderson \"`°\11
Assistant Council Secretary
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