Approved Minutes 12-10-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, December 10, 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
CONSENT AGENDA
FOR ACTION
Councilmember Blakey moved approval of the Consent agenda. Yeas - 7 Nays - 0
1. Approval of minutes of September 24, 1997.
Adopted Yeas - 7 Yeas - 0
2. Claims of Peter Bloedoorn, Judy Martinez, Bruce Roberts, Richard Schletty and Paul Street.
Referred to the Employee/Risk Management Division
3. Petition in Condemnation and Motion for Transfer of Title and Possession, Notice of Hearing,
Proposed Order Authorizing Payment or Deposit and Transferring of Title, and Proposed Order
Granting Petition and Appointing Commissioners 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. Letter from Saint Paul Fire/Division of Code Enforcement declaring 815 University Avenue as
"nuisance property." (For notification purposes only; public hearing will be scheduled at a later
date if necessary.)
5. Administrative Orders:
D001388 Extending the contract completion date from October 4, 1996 to July 2, 1997 for the
Hatch-Park RSVP Project.
D001389 Amending the 1996 budget in the Department of Fire and Safety Services to allow for
payment of a temporary clerk in the Fire Prevention Division.
Noted as on file in the City Clerk's Office
6. Resolution - 97-1467 - Approving the appointment of Peter Hames as the Director of Technology
and Management Services.
Adopted Yeas - 7 Nays - 0
December 10, 1997 City Council Summary Minutes Page 2
7. Resolution - 97-1468 - Approving the appointment of Joseph A. Zappa as Marketing and
Promotions Director effective December 1, 1997.
Adopted Yeas - 7 Nays - 0
8. Resolution - 97-1469 - Amending the 1997 Police Department Snow Emergency Impound Lot
plan providing for additional staff, utilities, building rental and computer capacity.
Adopted Yeas - 7 Nays - 0
9. Resolution - 97-1470 - Approving an agreement between the State of Minnesota Department of
Transportation (MNDOT), Concordia University and the City whereby MNDOT will pay the City
$5,372.28 to purchase landscape materials for the south side of I-94 from Hamlin Avenue North
west to the railroad.
Adopted Yeas - 7 Nays - 0
10. Resolution - 97-1471 - Approving a grant for Park Square Theatre Marquee which was
recommended by the Cultural STAR Board during Cycle 2, (1996).
Adopted Yeas - 7 Nays - 0
11. Resolution - 97-1472 - Approving an agreement with the City of Lauderdale regarding water
system ownership by the Board of Water Commissioners.
Adopted Yeas - 7 Nays - 0
12. Resolution - 97-1473 - Finalizing City Council action taken September 24, 1997 granting 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 I-94 and Vandalia Street and at 2100 Gilbert Avenue
respectively.
Adopted Yeas - 7 Nays - 0
13. Resolution - 97-1474 - Authorizing a grant agreement with the State of Minnesota Department of
Natural Resources: Eagle Street Parkway Trail.
Adopted Yeas - 7 Nays - 0
14. Resolution - 97-1475 - Authorizing the Department of Fire and Safety Services to enter into an
agreement with the Plymouth Fire Department.
Adopted Yeas - 7 Nays - 0
15. Resolution - 97-1476 - Enacting Minnesota Laws 1997, Chapter 231, Article 1, Section 11 that
will enable the City to request the assessor to classify to a higher tax grade (4bb to 4b) residential
property that fails to comply with our codes.
Adopted Yeas - 7 Nays - 0
16. Resolution - 97-1477 - Approving the conveyance, by quit claim deed, of a parcel of vacated land
that accrued to the City as fee owner of adjoining Pierce Butler Route.
Adopted Yeas - 7 Nays - 0
December 10, 1997 City Council Summary Minutes Page 3
17. Resolution Approving Assessment - 97-1478 - In the matter of condemning and taking a
permanent utility easement for the reconstruction of the Wabasha Street Bridge, and setting date of
public hearing for December 22, 1997. (File #18794E2)
Adopted Yeas - 7 Nays - 0
The City Council meeting was recessed and the Housing and Redevelopment Authority meeting was
convened for consideration of the consent agenda. Present - 7 Absent - 0
The City Council meeting was resumed.
Suspension Item
Councilmember Morton moved for suspension of the rules to introduce the following resolution:
Yeas - 7 Nays - 0
Resolution - 97-1499 - Approving the appointment of Thomas Fabel as Acting Mayor effective
January 2, 1998.
Mr. Fabel appeared and expressed his appreciation for his appointment.
Councilmember Megard expressed concern about the residency issue; since Mr. Fabel does not
reside in St. Paul he would not be able to vote in the City. Mr. Fabel responded that City
ordinance allows a person 12 months to take up residency in the City and his plan is to move after
the current school year.
Councilmember Blakey expressed the same concern as Megard saying he felt it was inappropriate
to have the second person in command to the Mayor not be a resident. He said he would prefer a
title of"Chief of Staff' until Mr. Fabel does move to Saint Paul.
Mr. Fabel said if something were to happen to the Mayor, he would move into the City
immediately.
Councilmember Morton moved approval. Adopted Yeas - 6 Nays - 1 (Blakey)
FOR DISCUSSION
23. Resolution - 97-1480 - Approving the Property Tax Study Project's legislative initiatives and
requesting that the City Council be included as a part of the City's legislative agenda.
Councilmember Megard introduced Don Diddams, consultant, and Mary Helen Mische, Mayor's
Office. Councilmember Megard stated that the property tax study project is one that includes the
Cities of Minneapolis, Duluth, and Saint Paul, the counties in which they are located, and the
Minneapolis and St. Paul School Districts in an effort to put together a legislative agenda on
property tax reform. The groups has been preparing proposals for the next session of the
Legislature.
December 10, 1997 City Council Summary Minutes Page 4
Mr. Diddams reviewed the proposals for this legislative session which was presented to the
Council in written form.
Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0
18. Resolution - 97-394 - Ordering the owner to remove or repair the building at 908 Hague Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from November 12)
Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0
19. Resolution - 97-1111 - Approving the hiring of personnel to plan, coordinate and evaluate gun
violence programs in the City of Saint Paul. (Laid over from November 19)
Councilmember Blakey moved to introduce a substitute resolution and approval.
Councilmember Blakey said if progress is not made in this area, he will not support continuation
of the program. Evaluations will be completed during the study.
Substitute adopted Yeas - 7 Nays - 0
20. Resolution - 97-1463 - Recognizing the formation of the Historic Saint Paul Foundation and
expressing the City Council's intent to provide two years of interim operating support through the
1998 budget. (Laid over from November 26)
Councilmember Megard moved approval and said that the intent is to fund the project for two
years. Councilmember Blakey said he felt it should be changed to one year as he did not feel it
was fair to give the impression that it would be two years when it is actually a one-year funding
cycle. Councilmember Megard responded the resolution indicates that it is the intent and it is also
clear from budget discussions that money can only be allocated for one year.
Councilmember Harris presented an amendment which Councilmember Megard accepted as
friendly.
Councilmember Megard moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
21. Resolution - 97-1442 - Adopting metal shredder policy as an amendment to the City's
Comprehensive Plan. (Companion to C.F. 97-1406, Item #26) (Laid over from December 3)
Councilmember Harris moved approval
Adopted Yeas - 7 Nays - 0
22. (See page 6, public hearings)
23. (See page 3)
(Thune left; Blakey assumed the chair)
December 10, 1997 City Council Summary Minutes Page 5
24. Report by the Administration on the creation of a pilot program plan to identify current and future
job opportunities with the City and how individuals moving off welfare may be identified and
trained to fill these positions. (Requested at the November 12 City Council meeting)
Councilmembers Blakey and Collins commended John Hamilton, Office of Human Resources, on
the report he submitted. Councilmember Blakey requested that Mr. Hamilton provide an update
in the near future. It was agreed that an update will be presented by the Administration on
February 25, 1998.
(Thune returned)
ORDINANCES
25. Final Adoption - 97-1324 - An ordinance amending Chapters 116 and 135 of the Saint Paul
Legislative Code to provide for regulation of private construction in the public right-of-way.
(Amended on November 26) (Laid over from December 3)
Council President Thune presented a substitute ordinance.
Councilmember Megard moved to introduce the substitute and lay over one week.
Substitute introduced and laid over to December 17 for final adoption
Yeas - 7 Nays - 0
26. Final Adoption - 97-1406 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to metal shredder plan and zoning code amendments. (Companion to C.F. 97-1442,
Item #21)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
(Collins left)
27. Final Adoption - 97-1407 - An ordinance amending the Saint Paul Legislative Code Section 33.03
which changes the effective date from the time a compliance inspection is performed to the date
the deposit is received for work done on nuisance, dangerous and vacant buildings.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Collins not present for vote)
28. Second Reading - 97-1445 - An ordinance amending Chapter 409 of the Saint Paul Legislative
Code to allow administrative payment of fines for certain first offenses.
Laid over to December 22 for third reading/public hearing
29. Second Reading - 97-1446 - An ordinance amending Chapter 310 of the Saint Paul Legislative
Code to permit issuance of uncontested Class III licenses without a Council hearing.
Laid over to December 22 for third reading/public hearing
December 10, 1997 City Council Summary Minutes Page 6
30. Second Reading - 97-1447 - An ordinance amending the Saint Paul Legislative Code §66.214(a)
pertaining to advertising signs located in B-2, B-3, B-5 (as described therein), I-1, I-2, and I-3
zoning districts.
Laid over to December 17 for third reading/public hearing
(Collins returned)
31. First Reading - 97-1481 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code
pertaining to lawful gambling; raising the appropriate tax to two and one-half percent and
repealing the requirement to file financial reports with LIEP.
Laid over to December 17 for second reading
32. First Reading - 97-1482 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
to add additional taxicab vehicle licenses in the City.
Laid over to December 17 for second reading
(The meeting was recessed from 4:25 - 4:40 p.m.)
Present - 5 Absent - 2 (Blakey, Morton) arrived after roll call
PUBLIC HEARINGS
22. Resolution - 97-1479 - Establishing "two hour parking 8AM-6PM Monday thru Friday, except by
permit, Area 14" on both sides of Sherburne Avenue from Griggs Street to Syndicate Street;
Hamline Avenue to Albert Street and on Albert Street between Sherburne Avenue and Charles
Avenue.
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
33. Third Reading - 97-1418 - An ordinance amending Sections 86.02 and 86.03 of the Saint Paul
Administrative Code setting for the required signatures for contracts and other real estate
documents for the Board of Water Commissioners of the City of Saint Paul. (Substitute
introduced December 3)
No one appeared in opposition; Laid over to December 22 for final adoption
34. Third Reading - 97-1419 - An ordinance amending Chapters 87, 88, 89, 90, 91 and 93 of the
Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Water Utility
as recommended by the Board of Water Commissioners of the City of Saint Paul. (Substitute
introduced December 3)
No one appeared in opposition; laid over to December 22 for fmal adoption
35. Third Reading - 97-1420 - An ordinance amending Chapter 24 of the Saint Paul Administrative
Code to prohibit certain campaign contributions.
Council President Thune presented a substitute ordinance. Councilmember Megard moved to
introduce the substitute. Yeas - 7 Nays - 0
December 10, 1997 City Council Summary Minutes Page 7
Council President Thune stated there were many questions and concerns about this ordinance. He
said his idea was that when the City Council and the Mayor have specific matters before the body
which could have a political influence, that is the time period when they would not be allowed to
accept campaign contributions from an individual or group with an interest in the matter being
considered. The City Attorney's Office prepared the ordinance language specifying the time
period that would be affected. This would also apply if a person were applying for a
redevelopment loan or grant. When the issue first appears on a Housing and Redevelopment
Authority agenda and until the period of time that it is passed or turned down, that would be the
time period when campaign contributions could not be accepted.
Phil Byrne, Assistant City Attorney, further explained that the coverage within the time limitation
specified in the ordinance covers contracts for which there is a flow of public funds or bonds
issued or zoning variances. It would only apply to those three categories and would not apply to a
person or an issue where there is no contract with the City. If a person has a financial interest and
a contract with the City that the Council would be voting on, it would apply.
Councilmember Harris distributed an amendment.
David Buckley, 595 Sherburne Avenue, appeared and said he feels there are many loop holes in
the ordinance and pointed out his various concerns. He said he feels the public is interested in
true campaign finance reform but that is not what this ordinance is about. Rather, it is covering a
very small piece of the concern.
The public hearing was closed.
A lengthy discussion ensued amongst the Councilmembers and Council President Thune said he
would meet with Phil Byrne to discuss some of the issues raised.
Substitute introduced, amended and laid over to December 17 for final adoption
Yeas - 7 Nays - 0
36. Third Reading - 97-1421 - An ordinance to provide for enforcement of health and safety codes in
non-owner occupied one and two family dwellings.
Councilmember Harris moved to introduce a substitute ordinance. Yeas - 7 Nays - 0
Steve Johnson, Minnesota Multi-Housing Association, appeared and said the Housing Association
supports the changes that have been made and the attempt to focus on nuisance properties. He
noted that when one property is tagged as a nuisance property, there is mention of other properties
also being tagged. The Association is concerned how that would work and if it could be used
against tenants.
(Bostrom & Thune left; Blakey assumed the chair)
December 10, 1997 City Council Summary Minutes Page 8
•
Councilmember Megard stated that when her office began working on the certificate of occupancy
issue two years ago, the Housing Division of the Department of Planning and Economic
Development was contacted and a pilot program was requested that focuses on student housing
around the University of St. Thomas. She said they do not want to put this in place throughout
the entire City because it is only her area that has called for it. She was told by Housing staff that
they would have to confer with the City Attorney's Office about the legality of a pilot targeted
program. Her office was then told that there could not be a targeted program that focused only on
nuisance properties within a certain small area of the City. The City Attorney's Office informed
her that there should be a City-wide policy that treated everyone the same if they were going to
deal with single and duplex units in the City because targeting only problem properties could end
up in court. Councilmember Megard said that was her concern with this new proposal.
(Bostrom returned)
The new proposal is easily challenged, Megard said. There are two opinions from the City
Attorney's Office and she said she agrees with the opinion that a City-wide policy is required.
This proposal would be treating people differently.
Peter Hames, Deputy Chief of Staff, Mayor's Office, appeared and stated that the amendments the
Council received came out of working sessions between the Mayor's Office and the offices of
Councilmembers Blakey and Harris. They focused on problem properties identified through a
complaint process and evolves out of the current housing code enforcement procedures and
functions and current certificate of occupancy function. The proposal uses existing programs and
staffing and provides for a cost recovery basis in case the costs that would be expended in the
inspection of properties is not adequate to cover the cost. It does not set up a bureaucracy which
would attempt to inspect all covered homes; rather, it focuses on problem properties through a
complaint process.
The merger that resulted was based upon a theory that at some point in time it's possible to
identify problem properties by the number of complaints received. The number of complaints that
was agreed to was four in the course of one year and it will be a City-wide program.
(Thune returned)
The public hearing was closed; discussion ensued amongst the Councilmembers.
Substitute laid over to December 22 for fmal adoption
37. Third Reading - 97-1422 - An ordinance repealing Saint Paul Legislative Code Chapter 220
pertaining to dumping on private property.
No one appeared in opposition; laid over to December 22 for final adoption
38. Third Reading - 97-1423 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
pertaining to Building Code and Inspection.
No one appeared in opposition; laid over to December 22 for final adoption
December 10, 1997 City Council Summary Minutes Page 9
39. Resolution - 97-1483 - Approving application for a Gambling Manager's License by Richard
Matson, dba St. Paul Festival and Heritage Foundation, at Mr. Patoms, 995 7th Street West and
Turf Club, 1601 University Avenue West. (ID #24523, 60341)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
40. Resolution - 97-1484 - Approving application for a Class C Gambling Location License by
Lendway's Bar Inc., dba Lendway's Lounge, (David Theisen), 609 University Avenue West. (ID
#11576)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
41. Resolution - 97-1485 - Approving application for a State Class B Gambling Premise Permit by
Church of St. Bernard at Lendway's Bar, 609 University Avenue West. (ID #B00963)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
42. Resolution - 97-1486 - Approving application for a Gambling Manager's License by Mary
VanCura, dba Church of St. Bernard, at Lendway's Bar, 609 University Avenue West. (ID
#91278)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
43. Resolution - 97-1487 - Approving application for a State Class B Gambling Premise Permit by
Thomas Mickus on behalf of Como Area Youth Hockey at Jeraldine's Bar, 605 Front Street. (ID
#B-00116)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 7 Nays - 0
44. Resolution - 97-1488 - Approving application for a Gambling Manager's License by Michael
Plasch, dba Como Area Youth Hockey, at Jeraldine's Bar, 605 Front Street. (ID #45081)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
45. Resolution - 97-1340 - Vacating the North-South and East-West alleys in Block 1, Bernheimer's
Addition to eliminate through traffic. (Laid over from November 26)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
46. Resolution - 97-1453 - Vacating a portion of Pleasant Avenue. (Laid over from December 3)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
December 10, 1997 City Council Summary Minutes Page 10
47. Resolution - 97-1489 - Approving the decision of the Legislative Hearing Officer on Property
Code Enforcement Appeals for property located at 1141 University Avenue. (Laid over from
November 12)
Gerry Strathman, Legislative Hearing Officer, reported that this resolution involves a rainleader
disconnect matter. The building is on a very small lot on University Avenue and the position of
Zachery Kimble, the building owner, was that there was no acceptable way for him to drain the
water from the roof of the building onto his property without creating a hazard or water damage.
The matter has been pending before the Department of Public Works for a number of years.
Various actions were discussed at the Legislative Hearing that the owner could take to address the
problems he believes would result from disconnecting the rainleader and Mr. Kimble agreed that
he would pursue some additional alternatives in trying to fmd some place to dispose of the water
that would come off of his roof. Based on the owner's commitment to attempt to fmd a solution
to the problem, Mr. Strathman recommended that a six-month extension be granted.
Zachery Kimble, building owner, appeared and requested either a variance from the rainleader
ordinance or an extension of time beyond the six months recommended by Mr. Strathman. At the
Legislative Hearing they discussed possibly draining water off to the vacant lot on the west side.
Since the hearing, Mr. Kimble had plumbers look at the situation and they did not feel City
inspectors would allow water to be put on someone else's property. He explained in detail the
dilemma he was in due to lack of space.
Mr. Strathman responded that the ordinance contains no provisions for variances but there is a
provision for granting additional time.
Discussion ensued and Councilmember Megard questioned Mr. Kimble how the problem will be
solved. Mr. Kimble said his intent is to look at redevelopment of the entire block but if that does
not happen, he will be putting approximately $7,000 into disconnecting the rainleader or coming
back to the Council for a further extension of time.
Councilmember Blakey moved to grant a one-year extension. Councilmember Blakey further
requested that a work plan on this project be brought back to the Council within six months.
Mr. Kimble requested an 18-month extension because if he starts a redevelopment project, he
anticipates that it would begin in the spring of 1999.
Councilmember Blakey changed his motion to grant an 18-month extension.
Adopted as amended Yeas - 7 Nays - 0
48. Resolution - 97-1490 - Approving the decision of the Legislative Hearing Officer on Property
Code Enforcement Appeals for property located at 383 Curtice Street East.
Gerry Strathman, Legislative Hearing Officer, reported that this property was purchased in
September 1997 from the Housing and Urban Development Authority. At the time of the
purchase, it was on the vacant buildings list. Under the City Code, a person is not allowed to
December 10, 1997 City Council Summary Minutes Page 11
occupy a vacant building until a code compliance inspection has been satisfactorily completed.
That has not been done but the owner is attempting to live in the property and has been cited by
Public Health. A code compliance inspection was done in August and there are a number of life
safety issues that were found. The basic issue is the owner's desire to be allowed to live in a
vacant building that has not yet been brought up to code.
Arnold Lamers, property owner, appeared and stated that the electrical has now been brought up
to code and inspected, and many of the other problems have been corrected. There are no life
threatening conditions in the building, he said, and it is out of economic necessity that he must live
in this building.
Councilmember Megard moved to lay over to December 30 in order for an inspection to be
completed.
Laid over to December 30 Yeas - 7 Nays - 0
49. Resolution - 97-1126 - Ordering the owner to remove or repair the building at 1331 Bush Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from September 10)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 7 Nays - 0
(Harris was not present for the votes on Items #50-65)
50. Resolution - 97-1377 - Ordering the owner to remove or repair the building at 741 Edmund
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends allowing the owner six months to remove or repair the building provided the $200
vacant building fee is paid and a $2,000 bond is posted by noon, December 10) (Laid over from
November 12)
Gerry Strathman, Legislative Hearing Officer, reported that the vacant building fee was not paid
and the bond was not posted.
Xiong Vang, 1501 East Rose, appeared and stated that he had closed on the purchase of the
building on this date and he anticipated it may take one year to complete rehabilitation. The bond
could not be posted until he purchased insurance and Mr. Vang said he would post bond the
morning of December 11.
Mr. Strathman said he felt it would be reasonable to allow Mr. Vang an additional day or two to
post the bond. If the work is 50% completed in six months, the owner can request an extension of
time for the remainder of the work.
Councilmember Blakey moved approval of Mr. Strathman's recommendation.
Adopted as amended Yeas - 6 Nays - 0
December 10, 1997 City Council Summary Minutes Page 12
51. Resolution - 97-1432 - Ordering the owner to remove or repair the building at 1035 Magnolia
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends allowing the owner six months to remove or repair the building provided a $2,000
bond is posted by noon, November 26) (Laid over from November 26)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
52. Appeal of Mary Dabney to a summary abatement order for property at 790 Laurel Avenue.
(Legislative Hearing Officer recommends denial) (Laid over from November 26)
No one appeared in opposition; Councilmember Blakey moved to lay over to February 11 in order
to complete the work that needs to be done.
Laid over to February 11, 1998 Yeas - 6 Nays - 0
53. Resolution - 97-1491 - Ordering the owner to remove or repair the building at 9 Acker Street West
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the February 3, 1998 Legislative Hearing)
No one appeared in opposition; Councilmember Megard moved approval of the Legislative
Hearing Officer's recommendation.
Laid over to February 3, 1998 Legislative Hearing and February 11, 1998 City Council meeting
Yeas - 6 Nays - 0
54. Resolution - 97-1492 - Ordering the owner to remove or repair the building at 659 Blair Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
55. Resolution - 97-1493 Ordering the owner to remove or repair the building at 137 Case Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to remove or repair the building)
No one appeared in opposition; Councilmember Collins moved approval of the Legislative
Hearing Officer's recommendation.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
56. Resolution - 97-1494 - Ordering the owner to remove or repair the building at 237 Page Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the January 20, 1998 Legislative Hearing)
No one appeared in opposition; Councilmember Bostrom moved approval of the Legislative
Hearing Officer's recommendation.
Laid over to January 20, 1998 Legislative Hearing and January 28, 1998 City Council meeting.
Yeas - 6 Nays - 0
(Items 57 & 58 were discussed together)
December 10, 1997 City Council Summary Minutes Page 13
57. Final Order - 97-1458 - In the matter of street paving and new lighting in connection with the
Doswell/Chelmsford Area Street Paving and Lighting Project. (File #18853) (Laid over from
December 3)
Ann Cieslak, Legislative Aide to Councilmember Megard, appeared and stated that because of a
conflict of interest with Councilmember Megard and her abstention on the vote, she worked on
this issue independently. She presented an amended project summary which addressed the issues
of staff and people in the neighborhood. Ms. Cieslak noted that there is a petition pending for
some special curb treatment and a possible additional assessment for that work. Staff has agreed
that if they receive a valid petition in January, they would proceed with an additional public
hearing in April in order to see if they get the Council's support. There is a small street called
Gove Place where one-half of it will be narrowed to 14 feet and one-half will stay at 17 feet. In
order to accommodate public safety for pedestrians on this street, the sidewalk will be widened to
between 8 and 9 feet. A boulevard is not recommended because staff has said grass will not grow.
The people responsible for shoveling snow are concerned that there is no place to put the snow
unless they can put some of it on the sidewalk where a normal boulevard would be. She indicated
she was putting that concern in the record so people will not be tagged for not shoveling the entire
sidewalk.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 0 Abstention - 1 (Megard)
(Project Summary was amended)
58. Final Order - 97-1459 - In the matter of construction and/or repair of sanitary sewer, storm sewer
and/or water service connections, if requested by the property owner, in conjunction with the
Doswell/Chelmsford Residential Street Paving and Lighting Project. (File #18853-Conn) (Laid
over from December 3)
(See discussion under#57) Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 0 Abstention - 1 (Megard)
(Megard left)
59. Final Order - 97-1495 - In the matter of construction of concrete curb and gutter, new bituminous
roadway, concrete driveway aprons, boulevard sodding, tree planting, and construction of a
lantern style lighting system in conjunction with the Margaret/Arcade Area Street Paving and
Lighting Project generally bounded by Reaney, Earl, Hudson Road and Swede Hollow. (File
#18855)
No one appeared in opposition; Councilmember Morton moved to lay over to January 14.
Laid over to January 14, 1998 Yeas - 5 Nays - 0 (Megard not present for vote)
60. Final Order - 97-1496 - In the matter of construction and/or repair of sanitary sewer, storm sewer
and/or water service connections, if requested by the property owner, in conjunction with the
Margaret/Arcade Area Street Paving and Lighting Project. (File #18855-Conn)
No one appeared in opposition; Councilmember Morton moved to lay over to January 14.
Laid over to January 14 Yeas - 5 Nays - 0 (Megard not present for vote)
December 10, 1997 City Council Summary Minutes Page 14
61. Final Order - 97-1497 - In the matter of construction of concrete curb and gutter, new bituminous
roadway, concrete driveway aprons, boulevard sodding, tree planting, and construction of a
lantern style lighting system in conjunction with the Railroad Island Area Street Paving and
Lighting Project. (File #18856)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0 (Megard not present for vote)
62. Final Order - 97-1498 - In the matter of construction and/or repair of sanitary sewer, storm sewer
and/or water service connections, if requested by the property owner, in conjunction with the
Railroad Island Area Street Paving and Lighting Project. (File #18856-Conn)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0 (Megard not present for vote)
(Megard returned)
63. Public hearing to consider the application of Maui Pacific, Inc. (Ramsey Hill Townhomes, 356-
376 Ramsey Street) for a preliminary and final plat to allow each new townhome currently under
construction to be subdivided and sold as separate units and recorded with Ramsey County
Records. (Laid over from November 12 for continuation of public hearing)
Roger Ryan, Department of Planning and Economic Development, reported that a letter was
received from Mike Hazard, 344 Ramsey Street, indicating that he does not oppose approval of
this project by the City Council.
Julian Zweber, 345 Grand Avenue, appeared and said other property owners living adjacent to the
easement area have not agreed to the project. There is a common parking lot; Maui Pacific owns
the middle part of it and that is the easement that is causing the problems. Maui Pacific uses the
central area for a storm sewer and the other properties use it for access to parking space. There is
not a common easement that covers all the property owners and provides for shared maintenance
and shared access. He requested that the plat be approved on condition that there be a common
easement agreement involving all the properties that access Grand Avenue through that easement
area.
Dennis Guptil, Developer, Maple Grove, MN, appeared and stated there is disagreement over
what he bought. Part of the property is used for other people to access their property and park
their cars. Surveyors went to the site and put in stakes and based on the legal description of the
easements, where they put the stakes and where people had been parking were different. Mr.
Guptil said he is not trying to keep the residents from parking on their property and he is willing
to work something out. However, he said he was not willing to change the easement agreement
from what it currently is but he does want to make some aesthetic improvements to the property.
Council President Thune urged everyone to work together to try to reach an agreement and
recommended a layover.
December 10, 1997 City Council Summary Minutes Page 15
Councilmember Bostrom moved to lay over to December 22
Laid over to December 22 for continuation of public hearing
Yeas - 6 Nays - 0
64. Public hearing to consider the appeal of Tricia Leonard, and Greg and Carol Clark, Jr. to a
decision of the Heritage Preservation Commission granting approval of a building permit to
construct a two-story carriage house with one dwelling unit and four garage stalls, proposed by
Ronald Severson, at 420 Portland Avenue. (Public hearing to be rescheduled to January 28, 1998)
Councilmember Morton moved to reschedule the public hearing to January 28, 1998.
Yeas - 6 Nays - 0
(Thune left; Blakey assumed the chair)
65. Public hearing to consider the appeal of Mary Lou Law to a decision of the Planning Commission
denying a non-conforming use permit to establish that a duplex is a legal non-conforming use of
property at 1354 Birmingham Avenue.
Patricia James, Department of Planning and Economic Development, presented a staff report and
noted that the Planning Commission found that three conditions were not met for the permit. Ms.
James presented some letters of opposition for the record but noted that no one appeared in
opposition at the hearing.
Dennis Kispert, attorney for Mary Lou Law, said there were three findings by the Planning
Commission that they feel were made erroneously which he reviewed.
The public hearing was closed.
Councilmember Bostrom said this issue has come up before, he has taken a close look at it and he
feels the Planning Commission did a good job in reviewing it. He stated that he supports the
position of the Planning Commission and moved to deny the appeal.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 0
Suspension Item
Councilmember Bostrom moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-1500 - Accepting recognition gifts from the St. Paul Companies and thanking the
employees of St. Paul Companies and the City of Saint Paul for donating their time and labor in
helping to build the Habitat for Humanity House at 667 E. Cook.
Adopted Yeas - 6 Nays - 0 (Harris not present)
December 10, 1997 City Council Summary Minutes Page 16
Councilmember Bostrom moved to adjourn the meeting.
J i 1\TE AT 7:15 P.M.
I IA
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy An e son 'Nu—A\ \\ `-1`\
Assistant Council Secretary
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