Approved Minutes 1-8-1997 1 !
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, January 8, 1997 - 3:30 P.M.
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 - 6 - Blakey, Bostrom, Harris, Megard, Rettman, Thune
Absent - 0 - (Appointment was made to Ward 7 Seat later in the meeting)
MISCELLANEOUS
29. Recognition of retiring City employee.
Irene O'Ryan, Public Health Department, was recognized by the City Council on her retirement
from the City of Saint Paul after serving for 22 years as a registered nurse.
CONSENT AGENDA
(Councilmember Bostrom was not present for the vote on the Consent Agenda)
Councilmember Blakey requested Item #2 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
Yeas - 5 Nays - 0
1. Approval of minutes of November 27 and December 4, 1996.
Adopted Yeas - 5 Nays - 0
2 (Discussed after the consent agenda)
3. Summons and Complaint in the matter of Nancy A. Amonett vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from Saint Paul Public Health declaring 498 Virginia Street as "nuisance property."
(For notification purposes only; public hearing will be scheduled at a later date if
necessary.)
5. Communication from Saint Paul Animal Control dated December 16, 23, and 30, 1996,
announcing a request from the University of Minnesota Research Lab for unclaimed dogs
and cats.
January 8, 1997, City Council Summary Minutes Page 2
6. Resolution - 97-1 - Approving the reappointments of Clayton M. Robinson, Jr. and Jeremy
R. Minsberg, by Mayor Coleman, to the Police-Civilian Internal Affairs Review
Commission. (Laid over from January 2 for adoption)
Adopted Yeas - 5 Nays - 0
7. Resolution - 97-2 - Requesting an extension of time to complete work being done on a
building at 723 Case Avenue.
Adopted Yeas - 5 Nays - 0
8. Resolution - 97-3 - Establishing a budget for the Lafayette Freeway Landscaping Planting
project.
Adopted Yeas - 5 Nays - 0
9. Resolution - 97-4 - Approving B.N. (Phalen Creek) Regional Trail Acquisition and
Development Budgets.
Adopted Yeas - 5 Nays - 0
10. Resolution - 97-5 - Accepting a grant from the Metropolitan Council and establishing a
budget for Indian Mounds Park Oak-Savannah restoration.
Adopted Yeas - 5 Nays - 0
11. Resolution - 97-6 - Allowing the Saint Paul Police Department to enter into a lease
agreement with Griffin Real Estate Company for leasing space in Galtier Shopping Center
for a police substation.
Adopted Yeas - 5 Nays - 0
12. Resolution - 97-7 - Accepting a donation of $9,000 from John Nasseff to purchase police
radios for the Saint Paul Police Department.
Adopted Yeas - 5 Nays - 0
13. Resolution - 97-8 - Accepting a grant from the Minnesota Department of Children,
Families and Learning for second year funding of the Cops `N Kids project.
Adopted Yeas - 5 Nays - 0
14. Resolution - 97-9 - Authorizing release of utility easements in Block 5, St. Paul Proper
(Town Square).
Adopted Yeas - 5 Nays - 0
15. Resolution - 97-10 - Approving a new agreement for billing and collecting sewer service
charges between the Board of Water Commissioners and the City of Saint Paul.
Adopted Yeas - 5 Nays - 0
January 8, 1997, City Council Summary Minutes Page 3
2. Claim of George Canfield.
Councilmember Blakey questioned if the location where this accident took place has been
secured. Tim Marx, City Attorney, said he did not know what has been done but the
claim has been referred to the claims management office and they will work with the
appropriate department to take necessary action. Mr. Blakey requested that Mr. Marx
provide information.
Referred to Risk/Employee Benefit Management Division
FOR DISCUSSION
16. Resolution - 96-1537 - Ordering the owner to remove or repair the building at 581 Forest Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
the owner be granted 180 days to complete the repairs on the condition the bonds are posted and
permits obtained by December 11, 1996.) (Laid over from December 26)
Gerry Strathman, Legislative Hearing Officer, reported that the owner of the building had
indicated the work was 70% complete; however, the inspectors felt it was less than 50%
complete. Also, the bonds, which were required as a condition of Mr. Strathman's
recommendation, had not been posted.
Councilmember Bostrom moved to layover two weeks in order to get more information.
Laid over to January 22 Yeas - 6 Nays - 0
17. Resolution - 96-1538 - Ordering repair of a hazardous retaining wall on privately held property at
586 Wheelock Parkway West. (Legislative Hearing Officer recommends adopting the resolution
authorizing a substantial abatement process) (Laid over from December 26)
Councilmember Rettman moved for a one week layover in order to allow her to meet with Mr.
Christie of the City Attorney's Office to get the appropriate resolution.
Laid over to January 15 Yeas - 6 Nays - 0
ORDINANCES
18. First Reading - 97-11 - An ordinance finalizing City Council action approving the petition
of John Rodrigue to rezone property at 484 and 486 Larpenteur Avenue from OS-1 to R-3.
(Public hearing held November 27, 1996)
Laid over to January 15 for second reading
The City Council meeting was recessed for consideration of the HRA Consent Agenda.
Present - 6 Absent - 0
The HRA meeting was recessed and the City Council meeting resumed.
January 8, 1997, City Council Summary Minutes Page 4
Addendum
FOR DISCUSSION
1. Resolution - 97-18 - Approving a Term of Lease for an NHL expansion or relocation team
including a plan of finance and authorizing staff to execute a binding letter of intent. (Laid
over from January 2)
Pam Wheelock, Department of Planning and Economic Development, introduced Ray
Chandler of HOK Architects who has been doing an analysis of the Civic Center Arena.
He presented a detailed plan for taking the existing arena and turning it into a facility that
would be able to house a national hockey league franchise.
Pam Wheelock reviewed the term sheet in detail and answered questions of
Councilmembers.
Martha Larson, Finance and Management Services, presented the financing plan and
responded to questions.
A lengthy discussion ensued on this issue and several amendments were made to the
resolution.
Councilmember Bostrom moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
The City Council meeting was recessed to consider Items on the HRA agenda.
Roll Call Yeas - 5 Nays - 0
The City Council meeting resumed.
PUBLIC HEARINGS
19. Public hearing to take testimony from applicants and other interested members of the
public for the Councilmember vacancy in Ward 7 at the conclusion of which the City
Council will begin its process for determining who will fill the vacancy.
City Attorney Tim Marx advised the Council on the legal procedures they were to follow
in selecting a candidate to fill the Ward 7 Council Seat vacated by the resignation of
former Councilmember Dino Guerin. He stated it was the Council's prerogative to vote on
a person to fill the unexpired term of Mr. Guerin. The process for doing this is up to the
Council but a decision had to be made within 30 days from January 6, the date Mr. Guerin
resigned. Mr. Marx further advised that the decision should be made in a resolution
format naming the person selected to fill the unexpired term and administering the oath of
office.
January 8, 1997, City Council Summary Minutes Page 5
(Harris left and returned)
The following applicants for the Ward 7 Council Seat appeared before the Council, made a
statement about themselves and their views on the role of being a Councilmember and
responded to questions asked by Councilmembers:
Harvey Asmus, 860 Margaret Street, an intended candidate for the 1997 election.
Philip Fuehrer, 1560 Pt. Douglas Road S., a caretaker candidate.
Kathy Lantry, 25 East Sandralee Drive, (Ms. Lantry changed her position and spoke in
support of a caretaker for the position as she intends to be a candidate in the next election),
Mark Mauer, 2197 Edgebrook Avenue, an intended candidate for the 1997 election.
Gladys Morton, 1618 Wilson Avenue, a caretaker candidate.
John Tullly, 1522 East Case Avenue, a caretaker candidate.
The following individuals appeared and spoke in support of candidates:
(Rettman left)
Claire Thoen-Levin, 799 S. Winthrop, spoke in support of Gladys Morton.
Wayne Wittman, 1498 Fremont, expressed concern about the way the vacancy was being
filled and offered his support for Gladys Morton.
Phyllis Ethier, 2217 Londin Lane, spoke in support of Gladys Morton.
(Rettman returned)
Sheldon Johnson, 2031 Howard Street, spoke in support of a caretaker candidate.
Jane Prince, 1004 Burns Avenue, spoke in support of Kathy Lantry and her position to
appoint a caretaker.
Dean Barkley, Plymouth, MN, spoke in support of Philip Fuehrer.
John Brengman, 836 E. Magnolia, spoke in support of Gladys Morton
Tony Tedesco, 2178 Larry Ho Drive, stated in was present to support Kathy Lantry but
offered his support to Gladys Morton since Ms. Lantry had changed her position.
Dino Guerin, spoke in support of Mark Mauer.
David Connor, 651 Ruth Street, spoke in support of a caretaker being appointed.
Councilmember Harris moved to close the public hearing. Yeas - 6 Nays - 0.
Councilmember Megard said she feels the right thing to do is to choose someone who will
not run for the Ward 7 seat in 1997. She did not feel it was in the best interest of the
citizens of Ward 7 to promote one office seeker over another and give the advantage of
incumbency to the individual who would be appointed when another option is available.
She asked that the voters in Ward 7 be allowed to make their own choice stating that is the
way representatives are selected in a democracy.
January 8, 1997, City Council Summary Minutes Page 6
Councilmember Megard moved to appoint Gladys Morton and stated that appointing a
caretaker provided an opportunity to put more diversity in place on the City Council.
Councilmember Bostrom moved for a one week layover in order to give the Council more
time to make a decision.
Failed Yeas - 2 Nays - 4 (Harris, Megard, Rettman, Thune)
Vote on Councilmember Megard's motion to appoint Gladys Morton as a caretaker
Councilmember.
Failed Yeas - 2 Nays - 4 (Blakey, Harris, Rettman, Thune)
Councilmember Harris moved to appoint Mark Mauer.
Adopted Yeas - 5 Nays - 1 (Megard)
Suspension Item
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-19 - Electing and appointing Mark Mauer as a City Councilmember to fill
the vacancy created by the resignation of former Councilmember Dino Guerin and to serve
in such position for the remainder of the unexpired term until a successor is elected.
Adopted Yeas - 6 Nays - 0
(Megard left)
20. Third Reading - 96-1594 - An ordinance amending Chapter 60 and Appendices A and B of
the Saint Paul Legislative Code pertaining to zoning.
No one appeared in opposition; laid over to January 22 for final adoption
21. Final Order - 97-12- In the matter of improving the alleys in Knispel's Subdivision by
constructing storm sewer, catch basins and grading and paving with bituminous material
(bounded by Ohio, Page, Charlton and Sidney). (File #18836)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0 (Megard not present for vote)
This item was reconsidered later in the meeting and another vote taken. (See discussion below)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0 (Harris not present for vote)
22. Final Order - 97-13- In the matter of improving the alleys in Knispel's subdivision
(bounded by Ohio, Page, Charlton and Sidney). (File #18836-S)
Adopted Yeas - 5 Nays - 0 (Megard not present for vote)
January 8, 1997, City Council Summary Minutes Page 7
This item was reconsidered later in the meeting and another vote taken. (See discussion below)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0 (Harris not present for vote)
Councilmember Rettman moved to reconsider Items 21 and 22 after the reading of Item 25.
Roll Call Yeas - 5 Nays - 0 (Megard not present for vote)
Ann Toskney, 275 West Sidney, appeared and stated she opposed upgrading the alley
because there is no guarantee that damage will not be done to the properties along the
alley.
Paul St. Martin, Department of Public Works, responded that this alley is a narrow right-
of-way. No design work is done until the Council approves the order, he said, but they
will do anything to try not to take any property or damage any property abutting the alley.
If any work is required on private property they will have to return to the Council with a
separate order to take an easement for the work.
Ms. Toskney expressed concern about her retaining wall and a neighbor who has a hedge.
Mr. St. Martin responded that at this time nothing can be guaranteed because no survey
work has been done. If the design does create problems, it can be looked at again.
Council President Thune told Ms. Toskney that his office will keep in contact with her and
make sure the properties are not adversely impacted.
(Harris left, Megard returned)
Councilmember Rettman further assured Ms. Toskney that Mr. St. Martin will work with
the neighbors on this project.
Mr. Toskney appeared and expressed concern about the catch basin.
Mr. St. Martin stated that a catch basin will be installed to collect rain water. Some of the
property owners have complained about water in their basements and he feels the alley will
correct the problem
23. Resolution - 97-14 - Approving the vacation of Leland Street southeasterly of Benson
Street and Parmer Street southwesterly of Leland Street.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0 (Megard not present for vote)
January 8, 1997, City Council Summary Minutes Page 8
24. Resolution - 97-15 - Approving the vacation of Waseca Street from Robie to George
Streets for the benefit of adjoining property owners, for construction purposes.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0 (Megard not present for vote)
25. Resolution - 97-16 - Vacating and releasing utility easements in a part of Montreal Avenue,
Crosby Lake Business Park.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0 (Megard not present for vote)
26. Public hearing to consider the appeal of Diane and Steven Anderson to a decision of the
Heritage Preservation Commission to approve the installation of vinyl replacement
windows, subject to three conditions, at 985 Summit Avenue.
Aaron Rubenstein, Office of License, Inspections and Environmental Protection, appeared
and stated the windows were manufactured prior to the building permit application. Staff
recommended denial and the Heritage Preservation Commission approved the windows
with conditions
Gary Woods, owner of the window company, and the property owners Diane and Steven
Anderson appeared before the Council. Gary Woods showed the Council photographs of
the home. He said the owners are trying to keep it maintenance free but still keep the
historical look. A person would have to get within three feet of a window to notice that it
is inside the glass instead of on top of it, Mr. Woods said.
Council President Thune asked why the HPC was opposed to this. Aaron Rubenstein
responded that the Historic District guidelines call for replacement materials and parts to
resemble the original as closely as possible. The Commission never approves grids
between panes and the difference is not slight. In the future, the Commission will
probably never allow vinyl windows.
Council President Thune urged the Council to grant the appeal.
Councilmember Rettman moved approval.
Appeal granted Yeas - 5 Nays - 0 (Harris not present for vote)
27. Public hearing to consider the appeal of Donald Cameron to a decision of the Heritage
Preservation Commission to deny approval of a carport and front entry roof at 556-58
Ashland Avenue.
Aaron Rubenstein provided a staff reported stating this involves a carport and front entry
roof that the appellant built without a permit. The HPC voted to deny approval with the
condition the entry roof may remain until April 30, 1997 for safety reasons. The carport
January 8, 1997, City Council Summary Minutes Page 9
and entry roof would not be keeping with the character and design quality of the historic
district. Mr. Rubenstein showed the Council pictures.
Don Cameron, 556 Ashland Avenue, appeared and stated he built the porch roof for safety
from snow and ice and he built it out of wood thinking it would fit with the historic
district. Mr. Cameron showed the Council other properties that had porch roofs that were
built out of canvas which he felt were not historic. He said he views it as an improvement
to the property and thinks he should be commended for it and not reprimanded.
Councilmember Blakey asked what the HPC's main concerns were. Mr. Rubenstein
responded that the porch roof is not in keeping with the character and style of the house,
the roof has no detail, there should not be a roof over the steps, and the carport is also not
in keeping with the character of the district.
Don Cameron stated replacement costs for the whole width of the house would be
$12,000, but he was open to suggestions for fixing it up. Aaron Rubenstein stated the
Commission feels this design cannot be dressed up. Mr. Blakey asked Mr. Cameron if he
would be willing to meet with the Commission to which Mr. Cameron responded he
would. Mr. Blakey was concerned that the HPC would ask Mr. Cameron to redo the
width of the house which would be an exorbitant expense. Mr. Rubenstein said he did not
feel that would happen.
Councilmember Blakey moved to deny the appeal on the porch roof and requested that Mr.
Cameron work with the HPC to come up with a plan that is agreeable to both parties.
Councilmember Megard asked if it was the role of the HPC to come up with designs.
Aaron Rubenstein responded that technically it is not the HPC's role to design but in the
interest of making this process as helpful as possible, the Commission goes to varying
lengths depending on the project. It is a customer service the Commission provides from
time to time.
Councilmember Blakey asked about the visibility of the carport. Aaron Rubenstein stated
it cannot be seen from Summit Avenue but it is visible from Kent Street.
Councilmember Megard asked Mr. Cameron why he would want a carport instead of a
garage. He responded that the carport looks like a turn of the century horse barn. The
roof takes care of 90% of the weather problems as far as snow, rain, and the sun. If a car-
port is structurally solid, it is not necessary to have walls, he said.
Phillip Blackburn, 556 Ashland Avenue, appeared and stated the pitch of the roof is
harmonious with the rest of the house and the carport is structurally sound.
January 8, 1997, City Council Summary Minutes Page 10
Mike Mortimer, 550 Ashland Avenue, appeared and spoke in support of Mr. Cameron
saying that he is a good neighbor and always is improving his property.
(Rettman left)
Councilmember Blakey asked Don Cameron if he would be open to also looking at the
carport. Mr. Cameron responded he would.
Councilmember Blakey moved to deny the appeal and requested that Don Cameron work
with the Heritage Preservation Commission to work out design details. It can then be
brought back to the Council for approval.
Appeal denied Yeas - 5 Nays - 0 (Rettman not present for vote)
(Appellant was directed to work with the Heritage Preservation Commission for assistance
with redesigning the carport and front entry roof)
(Rettman returned)
28. Public hearing to consider the application of the Saint Paul Port Authority to rezone
property from B-2 (community business) to I-1 (light industrial) to allow the entire
business park property to be under the same I-1 zoning classification at Arlington-Jackson
Business Park.
No one appeared in opposition; Councilmember Rettman moved approval.
Motion of intent adopted Yeas - 6 Nays - 0
Suspension Item
Councilmember Blakey moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-20 - Declaring tickets issued during the January 4, 1997, snow emergency
null and void.
Councilmember Blakey stated the public was inadequately notified of the most recent snow
emergency. Also, people were parking on the north and south streets waiting for the plow
to do the east-west streets. A number of people were unfairly tagged and towed and he felt
it was only fair that the tickets be voided.
Councilmember Bostrom responded that there is also the issue of who would pay for
towing. Including towing in this action would be very costly to the City.
Tim Marx concurred that the parking tickets would be an easy matter to take care of but
the towing issue is more problematic. It is a prosecutorial decision that would be handled
January 8, 1997, City Council Summary Minutes Page 11
by the City Attorney's Office. Mr. Marx suggested voiding the tickets at this time and
gathering more facts about the towing.
Councilmember Blakey moved to void the tickets but not the towing.
Council President Thune suggested voiding tickets issued during the 24-hour snow
emergency period. If it was extended, those tickets could be added.
Adopted as amended Yeas - 6 Nays - 0
(The meeting was recessed from 6:50 to 7:15)
At this time, Mark Mauer was sworn in as City Councilmember representing Ward 7.
Discussion ensued on NHL addendum item at this time. (Page 4 of minutes)
Suspension Item
Councilmember Bostrom moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-21 - Accepting the offer of the Capital City Partnership to pay travel,
meals, lodging, and related expenses for the Mayor and a staff person for a trip to New
York City for the purpose of making a presentation to the NHL Board of Governors for
location of a NHL franchise in Saint Paul.
Adopted Yeas - 7 Nays - 0
Councilmember Mauer moved to adjourn the meeting
Roll Call Yeas - 7 Nays - 0
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ATTEST:
Minutes approved by Council
Nancy Ar rson Vic,r \c\ \c\c\,
Assistant Council Secretary
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