Approved Minutes 9-24-1997 9,/�s— Page 1
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ARY MINUTES OF THE SAINT PAUL CITY COUNCIL
.� Wednesday, September 24, 1997 - 3:30 PM
}erbfii4o6CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
ne meeuny Wdb Vauau Lk/ order at 3:40 p.m. by Vice President Blakey.
Present- 5 - Blakey, Bostrom, Collins, Megard, Morton
Absent - 2 - (Harris- arrived after the Consent Agenda; Thune - arrived later in the meeting)
CONSENT AGENDA
FOR ACTION
Councilmember Megard moved approval of the consent agenda. Yeas - 5 Nays- 0
1. Approval of minutes of August 6, 1997 and September 17, 1997 Closed Door Session.
Adopted Yeas - 5 Nays -0
2. Claims of Alyce Blue, Ronald & Marlene Brothen, Brian DeBruin, Valarie Goodman, Jeff
Nelson, Susan Stein, and Robert Thompson.
Referred to Employee/Risk Management Division
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on October 8, 1997 to consider the application of Salvation
Army/HRA to rezone property from RT-1 (two family residential)to P-1 (parking) to allow
construction of a new parking lot to serve adjacent commercially zoned parcels along Payne
Avenue (618-623 Lawson Avenue East, north side between Payne and Edgerton)
4. Letter from the Real Estate Division announcing a public hearing before the City Council on
October 8, 1997 to consider the vacation of various streets and alleys located in the Williams
Hill Business Park to be constructed by the Port Authority.
5. Administrative Orders:
D001319 Deduction of$3,657.00 from the contract for Rice &Arlington Sports Dome
Support Building.
D001320 Amending the 1997 budget in the Police Department to reallocate spending
authority in the Weed and Seed Grant.
D001321 Amending the 1997 budget in the Department of Planning and Economic
Development by transferring $4,803 from the PED Operations Fund to the City
General Fund for replacement of six PC's.
D001322 Amending the 1996 budget of the Capital Improvement Bonds to reflect actual
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spending and financing for fund 925, activity 90096.
D001323 Deduction of$771,173.60$14,826.40 from the contract for Como Park
Conservatory- Phase Two: Sitework.
D001324 Addition of$21,223.65 to the contract for Como Park Conservatory- Phase
Two: Sitework.
Noted as on file in the City Clerk's Office
6. Communication from Saint Paul Animal Control dated September 15, 1997 announcing a
request from the University of Minnesota Research Lab for unclaimed dogs and cats.
7. Resolution - 97-1140-Approving the 1997-1998 Memorandum of Agreement between
Independent School District No. 625 and the Operative Plasterers Local Union No. 265. (Laid
over from September 17 for adoption)
Adopted Yeas - 5 Nays- 0
8. Resolution -97-1141 -Approving the 1997-1998 Memorandum of Agreement between
Independent School District No. 625 and the International Brotherhood of Painters and Allied
Trades Local 61. (Laid over from September 17 for adoption)
Adopted Yeas- 5 Nays -0
9. Resolution -97-1142 -Approving the 1997-1998 Memorandum of Agreement between
Independent School District No. 625 and the Twin City Glaziers, Architectural Metals and
Glass Workers Local 1324. (Laid over from September 17 for adoption)
Adopted Yeas- 5 Nays- 0
10. Resolution -97-1143 -Approving the 1997-1998 Memorandum of Agreement between
Independent School District No. 625 and the Minnesota Cement Masons, Plasterers, and
Shophands Local No. 633. (Laid over from September 17 for adoption)
Adopted Yeas- 5 Nays-0
11. Resolution - 97-1144 -Approving the 1997-1998 Memorandum of Agreement between
Independent School District No. 625 and Plains Regional Council of Carpenters and Joiners.
(Laid over from September 17 for adoption)
Adopted Yeas- 5 Nays-0
12. Resolution - 97-1145 -Approving the 1997-1998 Memorandum of Agreement between
Independent School District No. 625 and Bricklayers and Allied Craftsmen Local Union No. 1.
(Laid over from September 17 for adoption)
Adopted Yeas- 5 Nays-0
13. Resolution - 97-1146 -Approving the 1997-1998 Memorandum of Agreement between
Independent School District No. 625 and the United Union of Roofers, Waterproofers and
Allied Workers, Local No. 96. (Laid over from September 17 for adoption)
Adopted Yeas - 5 Nays -0
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14. Resolution - 97-1147-Approving the 1997-1998 Memorandum of Agreement between
Independent School District No.625 and the International Brotherhood of Electrical Workers
No. 110. (Laid over from September 17 for adoption)
Adopted Yeas- 5 Nays- 0
15. Resolution -97-1156 -Approving the 1997 Collective Bargaining Agreement between the
City of Saint Paul and the Saint Paul Fire Supervisory Association. (To be laid over one week
for adoption)
Laid over to October 1 for adoption Yeas- 5 Nays- 0
16. Resolution -97-1157 -Authorizing payment of$225,000.00 to James Brendale in full
settlement of his claim against the City of Saint Paul.
Adopted Yeas- 5 Nays- 0
17. Resolution - 97-1158 -Authorizing payment of$4,227.15 to State Farm Insurance, as
subrogee for Robert Pielet, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas- 5 Nays -0
18. Resolution - 97-1159 -Approving disbursement of Youth Program Funds to the following
organizations: Asian Pacific Youth Alliance, Boosters East, Inc., Dunning Boosters, Eastview
Booster Club, Edgcumbe Community Center Hockey Boosters, Girls Are The Future,
Highwood Hills Booster Club, History Day Support Group, Jimmy Lee Booster Club, Merriam
Park Booster Club, Pro's and Con's Fastpitch Softball, St. Anthony Park Gymnastics Club, St.
Paul Science Fair Support Group, South St. Anthony Booster Club, Sports For Life, Twin Star
Baseball Club, Wilder Youth Club, and Youth Express.
Adopted Yeas- 5 Nays -0
19. Resolution - 97-1160 - Changing the rate of pay for the classification entitled Vehicle
Mechanic Leadworker.
Adopted Yeas- 5 Nays- 0
20. Resolution -97-1161 - Establishing the rates of pay for the Information and Control
Systems Integrator Trainee and the Information and Control System Integrator Technician.
Adopted Yeas - 5 Nays- 0
21. Resolution - 97-1162 -Authorizing the St. Paul Police Department to enter into an
Automated Pawn System Service and Software License Agreement with the City of
Minneapolis, Department of Police.
Adopted Yeas- 5 Nays- 0
22. Resolution - 97-1163- Deleting the boarding-up assessment for property at 123 West
Geranium Avenue. (File J9706B)
Adopted Yeas- 5 Nays-0
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MISCELLANEOUS
63. Recognition of Retiring City Employee
William (Billy) Peterson, Division of Parks and Recreation, Municipal Athletics, was
recognized.
(Harris arrived)
The City Council meeting was recessed for consideration of the Housing and Redevelopment
Authority consent agenda. Present- 6 Absent- 1 (Thune)
The City Council meeting was resumed. Present-6 Absent- 1 (Thune)
FOR DISCUSSION
23. Resolution - 97-1164 - Urging the congress of the United States to pass Concurrent House
Resolution 106 and to actively participate in the international negotiations on climate change.
Councilmember Megard moved approval.
Adopted Yeas -6 Nays- 0 (Thune not present for vote)
24. Report from City departments on issuance of code compliance orders for all single family
homes and duplexes that are sold by property owners who annually sell five or more
properties within the City of Saint Paul. (Requested by C.F. 97-762 adopted August 20)
Councilmember Harris noted that the departments were not ready at this time to provide a
report and requested a layover to October 22.
Laid over to October 22 Yeas - 6 Nays- 0 (Thune not present for vote)
25. Report from City staff on the pigeon problems on the skyway structures. (Requested by
Council on September 10)
Matt Bowe, Mayor's Office, provided a detailed report on on-going problems the City has
experienced with pigeons. Skyways are currently being painted and during the painting
process, a special type of needles are being installed which will make it uncomfortable for the
pigeons to nest. The cost of the painting and the needles will be assessed to the business
owners.
26. Presentation by the Department of Planning and Economic Development of a proposed
model for training 100 low income Saint Paul residents for hi-tech industry positions. (Sean
Kershaw, PED)
Mr. Kershaw stated he was present to respond to the resolution that was adopted calling for
the Department of Planning and Economic Development(PED) to bring forth a strategy to
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spend $500,000 on training 100 low income people for jobs in the computer and high-tech
industry. The world of workforce development has changed dramatically, Kershaw noted, and
this is a great opportunity for them. The change in the market place and the change in
demographics is going to have a big impact on all kinds of institutions. It includes employers,
training institutions, and the City. The challenge is to create a model for life-long learning and
customize workforce development that will train low income residents of St. Paul for jobs in the
computer, high tech and software industry including Lawson Software and to help bridge the
gaps between job opportunities of private employers, the employment needs of St. Paul
residents and the skill development opportunities of technical institutions in St. Paul. There is
a job shortage in the software high tech industry because it's growing so quickly, Kershaw
stated, which makes for a great opportunity for this training plan.
Mr. Kershaw stated that any strategy for this should be employer driven The purpose is to
respond to the needs of the employer community. Second, that it be targeted -that the skills
needed by the employers are identified and target to the people who can best meet those skill
levels with training. The program should be flexible to respond to the needs of the market
place, employers, and the community. It should be feasible- something should be proposed
that works. It should be non-duplicative-they don't want to reinvent the wheel if something is
working. There are a lot of good efforts taking place in St. Paul and they do not want to
assume by the proposal that they are starting something all over again; there will be a lot that
is brand new.
With the proposed strategy, it is critical that the employers be at the table. To reach this goal
they have started out with the Software Association as a trade representative of those
employers and that it is critical that they be at the table from the very beginning helping the
City develop the plan.
The elements of the strategy are a partnership; that it be built on a partnership between
training institutions, the Minnesota Software Association, and the employers inside the
association and who may not be a member of the association, and that the City help act as a
catalyst in the process.
The first part of the new strategy they worked on was to develop a technology academy. The
purpose of the technology would be to build on information received from the employers and
produce workers who have a basic set of transferable skills in this industry. This includes work
place behavior skills, retention skills and skills that are specific to this industry and that might
apply to numerous types of jobs. The academy will be a set of outcomes orientated towards
the employees and what they will come out with and outcomes with the employers that PED is
delivering exactly what they want. What would be new about this proposal is that employers
would be more closely involved with the training institutions and they might be providing some
of the training.
The second part is the menu of services. There is the basic technology academy and a menu
of services that employers could choose from to meet their goals. These could include
individual elements of the academy if someone needed just a few skills. They could include
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off-the-shelf training at existing institutions, on-the-job training possibly paid for by the
employers. It would help to reimburse the employers for their time spent either at the training
institutions or their time spent training employees at the work place. One thing heard many
times is that there needs to be a closer link between the employers at the training institutions
so that the actual employee representatives might be at the training institutions working with
the usual instructors. This will also include work place behavior training, recruitment,
assessments, screening and referral of potential employees and support services.
The last part of the strategy would be identification of referral. This will take an effort on the
City's part to use everything available in the system, the job banks, neighborhood networks,
workforce centers and new efforts to reach out to the community.
Because there are not employers truly at the table yet, and because this is innovative in
several ways, they are recommending that they be given a few more months to come forward
with a better identification of what this will cost. It's too early in the process to know exactly
what it will cost either overall or per project. The goal is still to meet all the objectives: work
within the high tech industry, broaden the opportunities for low and modern income people and
to develop an innovative strategy.
Councilmember Harris pointed out that there are many similar groups around and dollars that
are coming from the Federal Government and the State to do training, and now the City is
going to commit some dollars. He asked if there is a way to work more cooperatively to make
it easier for people.
What is unique about what the City is doing, Kershaw said, is that they are starting with the
employers. The great opportunity with the Software Association is to get a trade group that
represents all the employers that have come to the City. It makes access a lot easier, he said.
Susan Kimberly, Department of PED, responded that Councilmember Harris' concern is
shared by many people. With regard to whether the City and County's activities should be
consolidated, they are working on a specific effort to bring a recommendation to the Council by
March, 1998. For job seekers, a decentralized, many points of access system is the right kind
of system, she said. However, it is very confusing for the employer community. There are a
number of activities to address that concern and PED is involved in those. They are trying to
simplify the system and work with employers.
Councilmember Bostrom noted that there are a lot of things that have to be considered and
when there are organizations that are already in this business, a focal point institution should
be found to be the umbrella where the employers can call.
Mr. Kershaw said they will come back in approximately four months with more detailed
information.
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(Harris left)
Councilmember Megard pointed out that it is not known how much it will take to train 100
individuals to do high tech jobs and there are no partners so this is really just an initial
proposal with all of the details to come at some future point.
(Thune arrived)
Councilmember Bostrom moved that PED return to the Council with an update on February
11, 1998.
Yeas-6 Nays - 0 (Harris not present)
27. Resolution - 97-1165 - Calling for a public hearing by the City Council on October 22, 1997
on (A) the modification of the Tax Increment Financing Plan for the Seventh Place Tax
Increment Financing District, and (B) the creation of the Block 4 Redevelopment Tax
Increment Financing District; and authorizing the execution of a memorandum of intent with
Minnesota Mutual Life Insurance Company.
Councilmember Megard moved approval.
Adopted Yeas- 6 Nays -0 (Harris not present)
ORDINANCES
28. Final Adoption -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.
Councilmember Blakey moved approval.
Adopted Yeas- 6 Nays -0 (Harris not present)
29. First Reading - 97-1166 -An ordinance amending the Saint Paul Legislative Code Chapter
166 by adding new sections creating a residential street permit parking district in the Irvine
Park neighborhood.
Laid over to October 1 for second reading
30. First Reading - 97-1167 -An ordinance amending the Saint Paul Legislative Code Chapter
166 by adding new sections creating a residential street permit parking district along Grand
Avenue between Dale Street and Ayd Mill Road.
Laid over to October 1 for second reading
31. First Reading - 97-1168-An ordinance granting authority to the Port Authority of the City of
Saint Paul to issue bonds in the principle amount not to exceed $14,650,000 for the
redevelopment and remediation of the Citgo site for Plastics, Inc.
Laid over to October 1 for second reading
PUBLIC HEARINGS
32. Public hearing to hear comments on whether the requested transfer of the cable television
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franchise from Continental Cablevision of St. Paul, Inc. to Charter Communications, Inc. may
adversely affect Saint Paul cable subscribers. Those wishing to submit written comments on
this matter may send them to Holly Hansen, Cable Officer, City of Saint Paul, 68 City Hall, 15
West Kellogg Boulevard, Saint Paul, MN 55102. (Public hearing continued from September 3)
Gerry Strathman, Council Research, stated that a resolution was prepared changing the date
by which the City Council needs to make a decision with respect to the transfer to Charter
Communications to December 3, 1997. The extension of time was at the request of Charter
Communications and it is felt that the resolution provides sufficient legal safeguards for the
City. Also, Mr. Strathman said it is felt that it is in the City's interest as well to delay action on
the transfer until other issues with respect to Continental Cablevision are resolved.
(Harris returned)
Eddie Maddox, Midway area resident, appeared and said he has not been satisfied with the
level of support, the sorts of programming and general capacity requirements. He asked that
technical support be provided 24 hours/day, seven days a week including Access.
Councilmember Megard moved to continue the public hearing to November. 12.
Public hearing continued to November 12 Yeas- 7 Nays - 0
Suspension Item
Councilmember Megard moved for suspension of the rules and approval of the following
resolution:
Resolution -97-1192- Extending the deadline to December 3, 1997 for City Council action on
the requested transfer of the cable television franchise from Continental Cablevision of St.
Paul, Inc. to Charter communications, Inc.
Adopted Yeas- 7 Nays-0
33. Public hearing to consider the appeal of Phillippe and Ann Arroyas to a decision of the
Heritage Preservation Commission denying approval of a new driveway and side yard parking
pad at 322 Summit Avenue. (Laid over from August 13)
Aaron Rubenstein, Office of License, Inspections and Environmental Protection, stated that
this case involved a proposed driveway and side yard parking pad. The house was
constructed in 1886 and categorized as pivotal to the character of the Hill District. It now
contains 13 dwelling units. There is currently no driveway or off-street parking for the property.
The Historic Preservation Commission (HPC) voted 5-4 to deny approval of the proposed
driveway and side yard parking pad. Their issue was the parking pad rather than the
driveway. It was felt the side yard parking would be contrary to the historic district guidelines
and the character of the district. He noted that one of the commission members feels what is
seen in the photographs was not actually a driveway but a service walk.
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Gerald Frisch, 2350 West 7th Street, attorney for Phillippe and Ann Arroyas, appeared and
presented background information on the history of the property. He stated that there was a
public alley at one time.
(Harris and Megard left and returned)
Phillippe Arroyas presented a map and talked about the residences in the area. He stated that
their property is the only property on Summit Avenue with no access.
Mr. Frish read extensively from a handout backing his claim as to why a driveway should be
allowed.
Mr. Arroyas stated they have unacceptable access to their home especially in the winter and
said their home should not be different from everyone else's. He maintained there was a
driveway on the property and noted that driveways years ago were not as wide as they are
now. He talked about the inconvenience of the current situation.
Also appearing and speaking in support of the appeal were the following:
Ann Arroyas, 322 Summit Avenue
Katrina Lindberg, 324 Summit Avenue
(Thune left)
Cathy Nordin, Architect, 1427 N. Albert Street
(Bostrom left and returned)
Lenny Anderson, 559 S. McKnight Road
Appearing and speaking against the appeal were the following:
Scott Kort, 312 Summit Avenue
(Harris left)
Judith Dean, 318 Summit Avenue
(Harris returned)
Bob Casselman, 794 Lincoln Avenue
Judith Benton, 332 Summit Avemie
Anthony Struts, 295 Summit Avenue
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The public hearing was closed.
Following extensive discussion by the Council, Councilmember Megard moved to deny the
appeal
Yeas - 3 Nays-4 (Bostrom, Collins, Harris, Morton)
Councilmember Megard withdrew her motion.
Councilmember Harris moved to grant the appeal.
Motion of Intent-Appeal Granted Yeas-4 Nays- 3 (Blakey, Megard, Thune)
(The meeting was recessed from 6:40- 7:00 p.m.)
(Items#37 & 57 were considered at this time; see action below)
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34. Third Reading - 97-1089-An ordinance amending Chapter 60 of the Saint Paul Legislative
Code pertaining to Zoning.
Councilmember Blakey presented a substitute ordinance.
Substitute introduced and laid over to October 1 for final adoption
Yeas-6 Nays - 0 (Harris not present)
35. Resolution - 97-1169 -Approving application for a Gambling Manager's License by Church
of the Incarnation at the New Frontier Saloon, 230 Front Avenue. (ID#44765)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas- 6 Nays- 0 (Harris not present)
36. Resolution - 97-1170-Approving application for a State Class B Gambling Premise Permit
by Church of the Incarnation at the New Frontier Saloon, 230 Front Avenue. (ID#B-00639)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas- 6 Nays- 0 (Harris not present)
37. Resolution -97-1171 -Approving application for an On Sale Malt(Strong Beer) License by
Ruam Mit Thai Cafe, 475 St. Peter Street. (ID#89316)
Councilmember Megard moved to lay over one week.
Laid over to October 1 Yeas -5 Nays- 0 (Harris & Morton not present)
38. Resolution - 97-1172 -Approving application or a Gambling Manager's License by Region
II Golden Gloves Association at The Manor/Casey's, 2550 West 7th Street. (ID#28788)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas- 6 Nays-0 (Harris not present)
(Harris arrived following recess)
39. Resolution - 97-1173-Approving the decision of the Legislative Hearing Officer on
Property Code Enforcement Appeals for property located at 315 North Point Douglas Road,
1264 North Snelling Avenue, 2008 Saint Clair Avenue, 922 Westminster Street, 1579 Sloan
Street, 677 Sherburne Avenue, 235 East Sixth Street, and 2001 Dayton Avenue.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays-0
40. 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 27)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 7 Nays -0
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41. Resolution - 97-1174- Ordering the owner to remove or repair property at 807-809 Buffalo
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was held and
testimony was taken from the attorney and the vice president for Dakota Bank, the owner of
the property. The property has been condemned since January, 1997. At the Legislative
Hearing the bank representatives indicated they had a buyer for the property and they were
expecting to close the deal shortly and were offering the buyer financing. Mr. Strathman said
he made his recommendation to remove or repair the building within 15 days based on the
fact that the property has been vacant so long and the building is in a serious state of
disrepair. Further, the bank representatives were unable to provide any assurances as to
when the building would be removed or repaired.
Jim Walston, attorney for Dakota Bank, and Steve Johnson, Vice President of Dakota Bank
appeared. Mr. Walston said the foreclosure process was started in February, it takes six
months and the redemption period ended in late August. They currently have a signed
purchase agreement and the bank is willing to extend financing to the buyer. They asked for
an additional 75 days to allow the purchaser to decide what they want to do with the building.
After a brief discussion, Councilmember Collins moved to lay over eight weeks.
Laid over to November 19 Yeas - 7 Nays- 0
42. Resolution - 97-1175- Ordering the owner to remove or repair property at 881 Desoto
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 7 Nays-0
43. Resolution - 97-1176- Ordering the owner to remove or repair property at 1050 Iglehart
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the December 16 Legislative Hearing)
No one appeared in opposition; Councilmember Blakey moved approval.
Laid over to December 16 Legislative Hearing and December 22 City Council Meeting
Yeas- 7 Nays- 0
44. Resolution - 97-1177- Ordering the owner to remove or repair property at 613 Minnehaha
Avenue East within fifteen (15) days from adoption of resolution. (This item will be laid over to
October 7 Legislative Hearing and October 22 City Council Meeting
No one appeared in opposition; Councilmember Blakey moved approval.
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Laid over to October 7 Legislative Hearing and October 22 City Council Meeting
Yeas-7 Nays 0
45. Appeal of Armandina Henry to a Summary Abatement Order for property at 126 West
Winifred Street. (Legislative Hearing Officer recommends granting the appeal based on the
representation that the building has been secured)
No one appeared in opposition; Councilmember Harris moved approval.
Appeal granted Yeas- 7 Nays- 0
46. Resolution Ratifying Assessment- 97-1178 - In the matter of boarding-up of vacant
building for May 1997 for property at 860 Simcoe Street. (File#J97091 BB) (Laid over from
September 10) (Legislative Hearing Officer recommends approval of the assessment)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas- 7 Nays-0
47. Resolution Ratifying Assessment- 97-1179 - In the matter of summary abatements
(property clean-up)from mid-April to mid-May 1997, and summary abatements (property
clean-up)from mid-May to July 3, 1997. (File#J970606, J9709A) (Legislative Hearing Officer
recommends approval with the following exceptions: 694 Sims Avenue- laid over to October 7
Legislative Hearing and October 22 City Council Meeting; 749 University Avenue West-delete
assessment; 430 Mt. Ida Street-delete assessment; 631 Thomas Avenue- delete
assessment; 719 Case Avenue - laid over to October 7 Legislative Hearing and October 22
City Council Meeting)
No on appeared in opposition. Councilmember Bostrom requested that 430 Mt. Ida Street be
discussed.
Councilmember Harris moved approval of the balance
Adopted as amended (per recommendation of the Legislative Hearing Officer with the
exception of 430 Mt. Ida Street) Yeas -7 Nays- 0
Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was held on
property at 430 Mt. Ida Street and a video tape was shown attesting that there was debris in
the back yard. The debris was removed by City staff on May 27. The order was issued on
May 19. At the hearing the property owner testified that he had cleaned up the property
subsequent to receiving the original order and that the trash removed by the City had been
placed there after his clean up.
Councilmember Bostrom moved to impose the assessment saying he inspected the property
and trash remained on it.
430 Mt. Ida Street-Assessment approved Yeas- 7 Nays- 0
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48. 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 27)
No one appeared in opposition; Councilmember Bostrom moved to lay over four weeks.
Laid over to October 22 Yeas- 7 Nays -0
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49. Resolution Ratifying Assessment- 97-1180 - In the matter of the Page/Cherokee Area
Street Paving and Lighting Project. (File#18801)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas- 7 Nays- 0
50. Resolution Ratifying Assessment- 97-1181 - In the matter of replacement of lead water
service connections for 1996/1997. (File#97LDSCRPL)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas- 7 Nays- 0
51. Final Order- 97-1182 - In the matter of improving the alley in Block 2, Riverside Addition
(bounded by Otto, Stewart, Bay and Butternut) by grading and paving with bituminous
material. (File#18857)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays-0
52. Final Order- 97-1183 - 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 alley in Block 2,
Riverside Addition (bounded by Otto Stewart, Bay and Butternut). (File#18857-S)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays -0
53. Final Order- 97-1184 - In the matter of Landmark Center streetscape improvements
including installation of globe style lighting fixtures and planting trees around the Landmark
Center building (bounded by 5th, 6th, Washington and Market). (File#18858)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas- 7 Nays - 0
54. Final Order- 97-1185 - In the matter of operation of the above standard street lighting
system for the Landmark Center area from November 1, 1997 to December 31, 1998. (File
#18859)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas- 7 Nays- 0
55. Final Order- 97-1186 - In the matter of installation of a twin lantern style lighting system on
Como Avenue from Arona Street to approximately 300 feet west of Snelling Avenue. (File
#18860)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas- 7 Nays - 0
56. Final Order- 97-1187 - In the matter of operating costs for the above standard street
lighting system on Como Avenue from Arona Street to approximately 300 feet west of Snelling
Avenue for the months of November 1, 1997 to December 31, 1998. (File#18861)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays -0
Lucille Jo nson S M9- 4.97
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September 24, 1997 City Council Summary Minutes Page 16
57. Resolution - 97-1188 - Dedicating a pedestrian easement on, under and across Lots 6, 7
and 11, Block 9, St. Paul Proper to Ecolab, Inc. for constructing and maintaining a pedestrian
tunnel.
Withdrawn by Council President Thune
58. Resolution -97-1189 -Authorizing the vacation of part of Palace Avenue westerly of 1-35E.
Peter White, Real Estate Division, provided a staff report stating that a petition was received
for the vacation of the subject property which is to the east of Lexington Avenue abutting the
Highway Department right-of-way. The Real Estate Division conducted the normal inquiries of
the City departments and utilities and there were no objections. The recommendation was to
approve the vacation subject to the terms and conditions outlined in the resolution.
Ronald Hatchey, abutting owner of the property on Palace Avenue that was being considered,
appeared and spoke in opposition to the vacation.
John Kratz, 1424 Edgcumbe Road, petitioner, appeared and stated that the petition started at
the same time the proposal for the development of that site was started. One of the
arguments against the proposal, as it went through the District Council and Planning
Commission, was that it was uncertain whether the vacation would go through. That was cited
as the grounds for denying the development. He said there is no reasonable objection for
denying the vacation of Palace Avenue. This property has been platted for 120 years and has
never been developed. There are no existing facilities and the terrain is too steep to permit a
street to be developed. It is surplus property that was not in the City's control until he
purchased this surplus property from the Minnesota Department of Transportation which then
returned the property to the City's jurisdiction. He said he feels he has a right to the property.
The public hearing was closed.
Nancy Anderson, Assistant Secretary to the City Council, read a letter from the
Macalester-Groveland Community Council expressing their opposition to the vacation of the
property until there is a development plan in place.
Councilmember Harris noted that this issue was heard previously a few months ago and the
Planning Commission's decision was upheld which was that the development plan that Mr.
Kratz brought forward did not fit into the character of the neighborhood.
Councilmember Harris moved to approval. He stated that when there is a full plan together for
the property that includes community input and putting the property to reasonable use, it can
be considered again.
Lucille Johnson -S M9-24.97 Page 17
September 24, 1997 City Council Summary Minutes Page 17
Failed Yeas- 0 Nays- 7
ucille Johnson - UM9-24.97 Page 18
September 24, 1997 City Council Summary Minutes Page 18
62. Public hearing to consider the application of Richard Wolff for a preliminary and final plat to
allow property at 2190 Mailand Road (southside west of McKnight Road) to be divided into two
lots. (No development of the site is associated with the plat.)
Leonard Anderson, 559 S. McKnight Road appeared and spoke in opposition to the resolution.
Everett Thomas, property owner, appeared and spoke in support.
The public hearing was closed.
Councilmember Morton moved to grant the application.
Motion of Intent-Application Granted Yeas- 7 Nays- 0
Councilmember Morton moved for suspension and approval of the following resolution:
Resolution - 97-1193-Approving a preliminary and final plat to allow property at 2190 Mailand
Road to be divided into two lots. (Public hearing held September 24, 1997)
Adopted Yeas- 7 Nays- 0
(See Suspension Item 97-1193)
59. Resolution -97-1190 -Approving the Plastics, Inc. Redevelopment and Hazardous
Substance Subdistrict Tax Increment Financing Plan for the District, making the necessary
statutory findings and elections in connection with the plan and the District, and approving the
issuance by the Port Authority of$2,000,000 of second lien tax increment bonds.
No one appeared in opposition; Pamela Wheelock, Department of Planning and Economic
Development presented an amendment.
Councilmember Megard moved to amend the resolution. Yeas- 7 Nays- 0
Councilmember Megard moved approval as amended.
Adopted as amended Yeas- 7 Nays- 0
60. Resolution - 97-1191 -Approving the (A) amendment of the Redevelopment Plan for the
Seventh Place Redevelopment Project; modification of the Tax Increment Financing Plan for
the Seventh Place Tax Increment Financing District, and C creation of the Block 39/Arena
Redevelopment Tax Increment Financing District and the Tax Increment Financing Plan
relating thereto.
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays- 0
Lucille Johnson UM9 24 97 19 Page
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September 24, 1997 City Council Summary Minutes Page 19
61. Public hearing to consider the appeal of St. Anthony Park Community Council to a decision
of the Planning Commission granting variances to Midwest Outdoor Advertising and Universal
Outdoor, Inc. to locate outdoor advertising signs at the northeast corner of 1-94 and Vandalia
Street and at 2100 Gilbert Avenue respectively.
Nancy Homans, Department of Planning and Economic Development, provided an extensive
staff report outlining the background of this issue.
(Harris left and returned)
Heather Worthington, St. Anthony Park Community Council appeared and spoke in opposition.
Lonni Thomas, attorney for the landowner, T&I Properties, appeared and provided lengthy
testimony in support.
(Collins and Thune left)
Marvin List, attorney for University Outdoor Advertising, appeared an spoke in support.
Councilmember Megard moved to close the public hearing. Yeas - 5 Nays - 0 (Collins and
Thune not present)
(Thune returned)
Councilmember Megard provided details as to why she felt the appeal should be granted. The
Planning Commission was interested in finding a compromise to stop two billboard companies
from struggling over who came first and who has the right to put up a billboard. She said she
could not support a solution that requires five variances and allows two billboards and the
space of one. Ms. Megard said she felt the Planning Commission erred in its facts and
findings in three areas: 1)that there were unusual conditions pertaining to this site. Midwest
chose to lease land from the railroad for this purpose; it is a self-imposed hardship. Universal
selected a site so that two billboards could be built. Topography can not be used as a reason
to give sign variances because most, if not all, of the area of 1-94 is lower in St. Paul, she said.
Other billboards along 1-94 meet the height requirements.
2) The Planning Commission erred in determining that the variance is not contrary to the
general intent of the sign chapter, Chapter 66. The Code is clear that sign credits are given
when non-conforming signs are removed. The Code also says that replacement signs are
required to conform to size and height requirements. Neither of these two signs conform to
height requirements. The Midwest sign request is for a variance over 30 feet. Universals is a
20 foot variance. Distance requirements are also spelled out in the Code saying they should
be spaced 1,000 feet except with sign credits which allow for 667 feet. In this case there are
three distance variances requested. For Midwest, a 157 foot variance, 509 feet apart rather
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September 24, 1997 City Council Summary Minutes Page 20
than 667 feet. For Universal, 157 feet, 509.888 feet apart and 510 feet rather than 667. The
only justification for granting the variances is to find a compromise and prevent an argument
between two sign
companies, Megard stated. She said she does not believe this meets the Zoning Codes intent
requirements.
3) The Planning Commission erred in determining that the signs would not be objectionable to
adjacent property owners. In the record there was a letter of objection from an adjacent
property owner. In addition, after the Planning Commission's deliberation, more property
owners sent letters of objection. The City Council, in its review, must recognize that there are
objections from adjacent property owners, Councilmember Megard said. Because the railroad
and the highway are a few of the adjacent owners, the rail property owners are significant.
Councilmember Megard said she was concerned about the precedent the Council would set if
the appeal is not granted. Because it is a very competitive business, the City can not grant
variances just to prevent arguments between competing businesses.
Councilmember Megard said she supports the appeal of the St. Anthony Park Community
Council because of the Planning Commission errors in fact and finding noted above.
Councilmember Megard moved to grant the appeal.
Motion of Intent-Appeal Granted Yeas- 6 Nays- 0 (Collins not present)
Suspension Items
Councilmember Bostrom moved for suspension of the rules and approval of the following
resolution:
Resolution -97-1194 -Authorizing William Finney, Police Chief, to accept an overtime grant in
the amount of$125,000.00 from the Minnesota Department of Public Safety.
Adopted Yeas- 6 Nays -0 (Collins not present)
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-1195 - Scheduling a closed meeting of the City Council on October 1, 1997 at
2:30 p.m. in the Northwest Conference Room, 310 City Hall, to consider strategy for labor
negotiations and pending litigation.
Adopted Yeas -6 Nays -0 (Collins not present)
Lucille Jo nson- 9-24.97 Page 2
September 24, 1997 City Council Summary Minutes Page 21
Councilmember Blakey moved to adjourn the meeting.
ADJOURNED AT 8:20 P.M.
David Thune, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson December 10, 1997
Assistant Council Secretary
mce