Approved Minutes 4-9-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, April 9, 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, Harris, Megard, Morton, Rettman, Thune
Absent - 0
MISCELLANEOUS
69. Recognition of retiring City employee.
Art Nelson was recognized for 34 years of service to the City as an Assistant City Attorney.
Councilmember Bostrom presented Mr. Nelson with a plaque, Councilmembers extended their
thanks and appreciation and Mr. Nelson responded with words of gratitude.
Councilmember Janice Rettman, who was recently elected to a position on the Ramsey County
Board of Commissioners, was recognized for her years of service on the City Council and
presented with a plaque by Council President Thune.
Councilmember Rettman recognized her legislative aide Joe Collins and presented him with a
plaque.
CONSENT AGENDA
Councilmember Blakey requested Item #14 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
Roll Call Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of March 5, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Leonard Anderson, Traci Backman, Victor Chan, Brent Cirillo, Barbara Graham,
Milbank Insurance Co. (For Vicki Hagen), Theodore Hecht, Richard and Candice Hickenbotham,
John Kolden, Ann McQuillan, Judy O'Gorman, and Dennis Zimmer.
Referred to Risk/Employee Management Division
3. Summons and Complaint in the matter of 2145 Limited Liability Partnership vs. the City of Saint
Paul.
Referred to the City Attorney's Office
April 9, 1997, City Council Summary Minutes Page 2
4. Motion for Summary Judgement and Notice of Motion for Complaint of Money and Property
Confiscated in the matter of Wiley Young Lodge, III vs. the State of Minnesota.
Referred to the City Attorney's Office
5. Plaintiff's Corrected Affidavit and Plaintiff's Corrected Court Order in the matter of Patrick A.
Carlone and John P. Carlone vs. David Thune.
Referred to the City Attorney's Office
6. Plaintiff's Second Amended Complaint, Affidavit of Plaintiff, etc. in the matter of Patrick A.
Carlone and John P. Carlone vs. David Thune.
Referred to the City Attorney's Office
7. Summons in Application for Registration in the matter of Lot 1, Block 6, the Hamline Syndicate
Addition No. 2 to St. Paul, Ramsey County.
8. Summons in Application for Registration in the matter of Lot 25, J.W. Bass Acre Lots, Ramsey
County.
9. Letter from the Office of the City Attorney announcing the public hearing before the City Council
to consider the Renewal Application for the Taxicab Driver's License held by Daniel R.
Breckman, 1057 Portland Avenue, has been rescheduled to April 23, 1997.
10. Letters from Saint Paul Public Health declaring 1383 Arcade Street, 578 Forest Street, 557 Jenks
Avenue, and 587 Stryker Avenue as "nuisance properties" and setting date of Legislative Hearings
for April 15, 1997, and City Council Hearings for April 23, 1997.
11. Letters from Saint Paul Public Health declaring 1359 Blair Avenue and 477 Curtice Street East as
"nuisance properties." (For notification purposes only; public hearings will be scheduled at a later
date if necessary.)
12. Communication from Saint Paul Animal Control dated March 31, 1997, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
13. Administrative Orders:
D001186 Extending the contract completion date from November 3, 1995 to May 30, 1996 for
Prosperity Avenue Realignment, Project No. 95-P-1119.
D001187 Amending the 1996 budget in the Division of Parks and Recreation-Municipal
Stadium Fund 334.
D001188 Addition of$24,705.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001189 Addition of$29,188.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001190 Addition of$40,889.00 to the contract for Saint Paul Civic Center expansion, CP-4
Building Construction.
April 9, 1997, City Council Summary Minutes Page 3
D001191 Amending the 1996 budget in the Department of Technology and Support Services by
transferring $14,900.00 to enable completion of projects begun in 1996.
D001192 Addition of$454,262.20 to the contract for Bates-McClean Sewer Separation &
Paving Project.
D001193 Extending the contract completion date from November 3, 1995, to June 7, 1996 for
the Hoyt Avenue - Hamlin to Victoria Project.
D001194 Extending the contract completion date from November 15, 1995 to June 7, 1996 for
the George Street - Smith to Concord Project.
D001195 Amending the 1996 budget in the Police Department to provide sufficient funding at
the major object levels of the 1996 Special Projects-Police Special Revenue Fund 436.
D001196 Addition of$10,300.00 to the contract for Saint Paul Civic Center Expansion CP-4
Building Construction Mechanical-Parking Ramp Alternate A.
Noted as on file in the City Clerk's Office
14. (Discussed after the consent agenda)
15. Resolution - 97-370 - Approving the appointment of Councilmember Gladys Morton, by Mayor
Coleman, to the Water Board of Commissioners.
Adopted Yeas - 7 Nays - 0
16. Resolution - 97-371 - Authorizing City signatures on an Agreement between the City of Saint
Paul, acting through Saint Paul Public Health, and the University of Minnesota School of Nursing
for the provision of clinical experiences for students in nursing.
Adopted Yeas - 7 Nays - 0
17. Resolution - 97-372 - Authorizing the City to submit to the U.S. Department of Housing and
Urban Development Saint Paul's 1997 Consolidated Plan - One Year Update (CDBG, ESG,
HOME).
Adopted Yeas - 7 Nays - 0
18. Resolution - 97-373 - Establishing a budget in the Police Department's Narcotics-Special
Investigations fund to continue the purchase of equipment and upgrade the current Computer
Aided Dispatch System.
Adopted Yeas - 7 Nays - 0
19. Resolution - 97-374 - Amending the 1997 Capital Improvement Budget by decreasing 1997 MSA
Contingency by $26,730.00.
Adopted Yeas - 7 Nays - 0
20. Resolution - 97-375 - Authorizing the Library to apply for a grant from the State of Minnesota for
accessibility at the Arlington Hills Branch Library.
Adopted Yeas - 7 Nays - 0
April 9, 1997, City Council Summary Minutes Page 4
21. Resolution Approving Assessment - 97-376 - In the matter of construction and/or reconstruction of
sidewalks at 906 Juno Avenue, 2135 Bayard Avenue, 2117 Highland Parkway, 2173 Scheffer
Avenue, 2180 Knapp Street, 2315 & 2394 Valentine Avenue and 2082 & 2084 East Fourth Street,
and setting date of public hearing for June 4, 1997. (File #S96051)
Adopted Yeas - 7 Nays - 0
22. Resolution Approving Assessment - 97-377 - In the matter of improving the east-west alley in
Block 7, Eastville Heights Addition (bounded by Rose, Forest, Geranium and Mendota), and
setting date of public hearing for June 4, 1997. (File #18787)
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 97-378 - In the matter of improving the alley in Block 15 and
in the block indicated as Iron Works on the recorded plat, Rice Street Villas (bounded by Marion,
Nebraska, Albemarle and Arlington), and setting date of public hearing for June 4, 1997. (File
#18809)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 97-379 - In the matter of condemnation and taking of a
permanent easement for right-of-way purposes in connection with the Wheeler Street/ Munster
Avenue Realignment Project, and setting date of public hearing for June 4, 1997. (File #18841)
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 97-380 - In the matter of construction of storm sewer stub
connections for the 1995 inflow and infiltration project, and setting date of public hearing for June
4, 1997. (File #18842)
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 97-381 - In the matter of improving pedestrian access and safety at Dunning
Parks through bumpouts and a traffic signal installation, and setting date of public hearing for June
4, 1997. (File #18843)
Adopted Yeas - 7 Nays - 0
(Rettman left)
14. Resolution - 97-369 - Approving the appointment of William Tyrone Terrill, by Mayor Coleman,
to serve as the Director of the Saint Paul Human Rights Department.
Councilmember Blakey stated the Human Rights Director position is a very critical one especially
in light of affirmative action issues that are being challenged throughout the United States as well
as a number of disparity studies. He said it's important that the Council feel comfortable with
their choice and that the selection of the director not be a decision they take lightly. It's important
that issues affecting all people will be addressed and the Human Rights Director will be at the
forefront of those issues and standing behind the disparity study, making sure people have
adequate housing, contracting, etc. The City needs someone who will be forceful, visible and who
April 9, 1997, City Council Summary Minutes Page 5
will stand behind making sure that all people are represented on construction sites and many other
economic opportunities, Blakey said.
Tim Marx, Deputy Mayor, introduced Tyrone Terrill, the Mayor's nominee for the Human Rights
Director. He said it is the Mayor's strong expectation that Mr. Terrill will be out in the
community working to advance the cause of human rights in Saint Paul.
Mr. Terrill expressed his gratitude for being selected and said he looks forward to serving the
citizens of the City of Saint Paul.
An extensive question and answer period ensued between the Councilmembers and Mr. Terrill on
various human rights issues.
(Rettman returned during the discussion)
Councilmember Bostrom moved approval.
Councilmember Blakey said he would like to receive a written response to the Disparity Study and
in particular to the race and gender specific programs that could be enacted based on what the
Disparity Study shows.
Councilmember Blakey moved a one week layover. Councilmembers Bostrom, Morton and
Rettman spoke against the layover.
Laid over to April 16 Yeas - 4 Nays - 3 (Bostrom, Morton, Rettman)
(The meeting was recessed from 4:57-5:27 p.m.)
Roll Call Present - 4 Absent - 3 (Blakey, Bostrom, Rettman)
(Blakey arrived)
The City Council meeting was recessed for consideration of the HRA Consent Agenda.
Present - 5 Absent - 2 (Bostrom, Rettman)
The City Council meeting was resumed.
PUBLIC HEARINGS
42. Third Reading - 97-282 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code
to allow horses from the Saint Paul police horse patrol into City parks, parkways or recreation
areas without permission of the director. (Laid over from April 2)
No one appeared in opposition; laid over to April 23 for final adoption
April 9, 1997, City Council Summary Minutes Page 6
43. Third Reading - 97-314 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code
to permit administrative payment of fines for first and second violations for sale of cigarettes to
minors.
No one appeared in opposition; Laid over to April 23 for final adoption
(Bostrom and Rettman arrived)
44. Resolution - 97-382 - Approving application for a Gambling Manager's license by Karen L.
Wirkus dba CLIMB at Kick-off, 1347 Burns Avenue. (ID #11632)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 7 Nays - 0
45. Resolution - 97-383 - Approving application for a State Class B Gambling Premise Permit by
CLIMB at Kick-Off, 1347 Burns Avenue. (ID #B-02002)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 7 Nays - 0
46. Resolution - 97-384 - Approving application for an Auto Repair Garage License by M & M Auto
Repair, 1200 Jackson Street. (ID #12288)
No one appeared in opposition; Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
47. Resolution - 97-385 - Concerning adverse action against cigarette license held by Salem Haddad &
Assim Abuhejleh, dba Kormann's Supermarket, 719 Burr Street. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
48. Resolution - 97-386 - Concerning adverse action against cigarette license held by Fleming
Companies, Inc., dba Rainbow Foods, 892 Arcade Street. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
49. Resolution - 97-387 - Concerning adverse action against cigarette license held by Rice Street Super
Meat Market, Inc., 516 Rice Street. (Uncontested)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
50. Resolution - 97-388 - Concerning adverse action against cigarette license held by Mary W.
Fletcher, dba Selby Avenue Superette, 1025 Selby Avenue. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
April 9, 1997, City Council Summary Minutes Page 7
51. Resolution - 97-389 - Concerning adverse action against cigarette license held by Bee & May
Vang, dba Super Minni Market, 1187 Minnehaha Avenue East. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
52. Resolution - 97-390 - Concerning adverse action against cigarette license held by Unbank Co. II,
1098 University Avenue West. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
53. Resolution - 97-391 - Concerning adverse action against cigarette license held by Edward &
Robert Walfoort, dba Walfoort Liquors, 1100 Arcade Street. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
54. Appeal of Frank Magadance to a summary abatement order for property located at 573 Orleans
Street. (Legislative Hearing Officer recommends denial)
No one appeared in opposition; Councilmember Bostrom moved approval.
Appeal denied Yeas - 7 Nays - 0
55. Resolution - 97-392 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcements for property located at 423 N. Fairview Avenue, 1724 Iglehart Avenue, 2065
Wildview Avenue, 506 Kenny Road, 1563 Breda Avenue, 312 Summit Avenue, 455 W. Maryland
Avenue #307, 78 E. 10th Street #1003, and 1547 Wynne Avenue.
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
56. Resolution - 97-393 - Ordering the owner to remove or repair the building at 421 Blair Avenue
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 bond has been posted)
No one appeared in opposition. Gerry Strathman, Legislative Hearing Officer, reported that the
bond has been posted.
Councilmember Blakey moved approval as amended.
Adopted as amended per recommendation of the Legislative Hearing Officer.
Yeas - 7 Nays - 0
57. 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)
Councilmember Blakey moved to lay over six months stating that this property was to have been
sold at a Sheriff's sale to a mortgage company. A housing organization is attempting to buy the
property, however, there is a redemption period where the owner can buy it back. It is felt that
April 9, 1997, City Council Summary Minutes Page 8
will take awhile and he would like to see the housing organization be able to obtain the property
and rehab it.
Councilmember Rettman questioned who will be responsible for upkeep of the property and if they
will be willing to indemnify the City. Reneta Weis, Public Health, said Public Health also will
want to know who will be responsible for the property. Councilmember Blakey said he is
expecting a response to those questions from the parties involved and he will provide the
information to Public Health.
Laid over to October 8 Yeas - 6 Nays - 1 (Rettman)
58. Resolution - 97-395 - Ordering the owner to remove or repair the building at 1765 Iglehart Avenue
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 a $2,000 bond is posted before
noon on April 9, 1997)
No one appeared in opposition. Gerry Strathman, Legislative Hearing Officer, reported that the
bond has been posted.
Councilmember Megard withdrew the resolution noting that the owner is in a nursing home and
she does not want to see the owner threatened with having her house taken down as she intends to
move back into it. It will be back before the Council if the work is not done, Megard said.
Withdrawn
59. Resolution - 97-57 - Ordering the owner to remove or repair the building at 786 Randolph Avenue
within five (5) days from adoption of resolution. (Laid over from January 22, 1997) (Legislative
Hearing Officer recommends approval)
Council President Thune asked for a 90-day lay over and Councilmember Blakey made the motion.
Laid over to July 2 Yeas - 7 Nays - 0
60. Resolution Ratifying Assessment - 97-396 - In the matter of the assessment of benefits, costs and
expenses for summary abatements (property clean-up, snow removal, or sanding walks) from
August 1996 to January 1997; boardings-up of vacant buildings for July 1996; boardings-up of
vacant buildings for August 1996; and summary abatements (property clean-up) from mid-June to
mid-September 1996. (File # J9704A, J9701B, J9702B, J9701TDBC) (Legislative Hearing
Officer recommends approval with the following exceptions:
383 Clinton Avenue (J9701TDBC) - laid over to April 15 Legislative Hearing
2067 Dayton Avenue (J9704A) - laid over to April 15 Legislative Hearing
616 Idaho Avenue E. (J9704A) - laid over to April 15 Legislative Hearing
1086 Jessamine Avenue E. (J9702B) - laid over to April 15 Legislative Hearing
499 Lawson Avenue W. (J9704A) - recommends deleting the assessment)
Gerry Strathman, Legislative Hearing Officer reported that 965 Payne Avenue also should have
been listed with a recommendation to reduce the assessment to $121.95.
April 9, 1997, City Council Summary Minutes Page 9
The owner of 1132 Central Avenue West and 328 Lexington Parkway appeared and said he did not
receive the hearing notice. Gerry Strathman explained the notification process and it was agreed
that the two cases would be heard at the next Legislative Hearings.
Paul Testor, 104 West Larpenteur, said the work was done approximately six months ago and he
did not receive a bill. It was agreed to hear this matter at the next Legislative Hearings.
Jeanette Kamman, 57 North Dale Street, appeared on a summary abatement for property she owns
at 53 North Dale Street.
Gerry Strathman said he heard this appeal and recommended denial. The abatement was for
removal of tall weeds and grass on August 26, 1996.
Ms. Cannon said she was appealing the removal of three small trees. Council President Thune
advised her that once the work has been completed there is no legal grounds for an appeal.
Councilmember Bostrom moved approval as amended.
Adopted as amended per recommendation of the Legislative Hearing Officer. The following
amendments were also made:
965 Payne Avenue - assessment reduced
1132 Central Avenue West - laid over to April 15 Legislative Hearing
328 Lexington Avenue - laid over to April 15 Legislative Hearing
104 West Larpenteur Avenue - laid over to April 15 Legislative Hearing
1110 Forest Street - laid over to April 15 Legislative Hearing
Yeas - 7 Nays - 0
(Rettman left)
61. Final Order - 97-397 - In the matter of construction of a new sanitary pumping station to replace
the existing Red Rock South pump station. (File #18838)
Councilmember Morton moved approval.
Joe Miller, Public Works Sewer Division, appeared and explained that this was a petition initiated
by North Star Steel. They are the major contributor to the pump station and they have changed the
amount they want to discharge to the pump by a substantial amount. A city-wide review of pump
stations was recently completed and the Red Rock pump station needs to be re-built within the next
five years at an approximate cost of$110,000. As part of their petition process, North Star has
agreed to pay for at least half of the new station.
Council President Thune asked if other property owners will be assessed. Mr. Miller said he did
not believe there would be any additional assessment.
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
April 9, 1997, City Council Summary Minutes Page 10
62. Final Order - 97-398 - In the matter of sidewalk reconstruction on both sides of Juliet Avenue
from Davern Street to South Wheeler Street; north side of Randolph Avenue from Davern Street to
South Wheeler Street; 1845 Sheridan Avenue (work to be done on Sheridan and Edgcumbe); both
sides of Sheridan Avenue from South Wheeler Street to Edgcumbe Road; and both sides of
Wordsworth Avenue from South Prior Street to Sue Street. (File #S97008-S97012)
No one appeared in opposition; Councilmember Harris moved to lay over one week.
Laid over to April 16 Yeas - 6 Nays - 0 (Rettman not present for vote)
63. Final Order - 97-399 - In the matter of sidewalk reconstruction on both sides of Hubbard Avenue
from Fry Street to Aldine Street, and the west side of Fry Street from Hubbard Avenue to
Englewood Avenue. (File #S97013)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
64. Final Order - 97-400 - In the matter of sidewalk reconstruction on both sides of East California
Avenue from Edgerton Street West to the end of cul-de-sac; both sides of Galtier Street from West
Cook Avenue to West Jessamine Avenue; both sides of Marion Street from West Jessamine
Avenue to West Geranium Avenue; and the east side of Osage Street from North Victoria Street to
West Ivy Avenue. (File #S97014-S97017)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
65. Resolution - 97-401 - Vacating the remaining right-of-way in vacated Mt. Hope Street and the
east-west alley in Block 3, Woodbury and Case's Addition and A.M. Regner's Subdivision, and to
release certain easements therein.
No one appeared in opposition; Council President Thune indicated there had been a request for a
lay over. Councilmember Harris moved to lay over two weeks.
Laid over to April 23 Yeas - 6 Nays - 0 (Rettman not present for vote)
66. Resolution - 97-402 - Vacating a portion of Howard Street abutting Lots 12-15, Block 15 and Lots
18 & 19, Block 17 Burlington Heights Division 2.
Peter White, Real Estate Division, stated there is a petition to vacate Howard Street and there is no
objection by the utilities or any City departments. The recommendation of staff is for approval
subject to the conditions outlined in the resolutions.
Steven Lafavor, representing Harrison Lafavor Trust, which owns 11 acres of adjacent land
appeared. He noted the part of the land that is going to be developed and said the Sons and
Daughters of Highwood are seeking CIB funds to connect Trust's land with Taylor Park. He said
it would be beneficial if the City would vacate the street. There would be no access to the land if
it were made a park.
April 9, 1997, City Council Summary Minutes Page 11
(Thune left)
Councilmember Harris asked who the land would be vacated to. Mr. White responded that it
would be split; half would go to Taylor Park and half would accrue to the property owner on the
other side of the street. The street is platted through to Highway 61, however, the street dead
ends.
Councilmember Harris said the lot appears to be quite large to give to the petitioner for only
$500.00. Mr. White responded that it is platted right-of-way and the City has easement rights to
put a street in for public use. If the City gives up its rights for public use of the property, the
property automatically accrues to the property owner on either side of the street.
(Rettman returned)
Mr. White provided a lengthy explanation of how the land would be divided.
David O'Hara, Petitioner, appeared and talked about the access. He said he would like to see Mr.
Lafavor's property developed into part of Taylor Park to keep it the way the Highwood area would
like to have it.
Councilmember Morton moved to lay over two weeks.
Laid over to April 23 Yeas - 6 Nays - 0 (Thune not present for vote)
67. Public hearing to consider the appeal of Pineview Homes to a decision of the Heritage
Preservation Commission denying approval of a building permit to construct an eight-unit town
home project at 496 Laurel Avenue (southeast corner at Mackubin Street).
(Thune returned)
Aaron Rubenstein, Office of License, Inspections and Environmental Protection, and staff person
to the Heritage Preservation Commission (HPC), provided a staff report stating that the HPC's
denial of this proposal was based on three issues: 1) the orientation of the corner building which
originally faced Mackubin and has been turned to face Laurel Avenue (this issue no longer exists);
2) the uniformity of design - all three of the double houses are identical and the two single family
houses are identical and look very much like the double houses. The Commission thought it was
important that they be somewhat differentiated and that it would not take a lot of architectural time
or effort to do this. 3) The front setbacks on Laurel Avenue. The Commission found that would
be incompatible with the character. Fifteen feet is the proposed setback, twenty-one feet is the
block average and front setback requirement. The HPC also discussed some other site design
issues such as the limited rear yard space but that is not listed as a reason for denial in the
findings. There are also a number of other unresolved design issues that the Council may want to
consider how to resolve, Mr. Rubenstein said. The staff recommendation for denial was based on
the project as it was proposed and does not preclude changes in response to the issues. He urged
the Council to make its decision based on the historic district guidelines.
April 9, 1997, City Council Summary Minutes Page 12
Richard Heise, HRMA Architects, gave a presentation on the project. He explained the site plan
and said they would be willing to make some alterations that have been requested.
Charles Skrief, 773 Goodrich Avenue, Vice Chairman of the HPC, appeared and read a lengthy
statement stating the developer has appeared before the HPC five times in the past five months.
He provided background information on the various meetings. Throughout the process the
Commission and staff members suggested alterations that would make the project compatible with
the Commission's guidelines. The permit was denied and the proposal had been opposed by the
Ramsey Hill Association as well. In early February the Commission reviewed another plan for the
site and again they worked with the developer. On March 27 the Commission denied the permit as
the plan did not meet the guidelines for the historic district. Had the developer, at that point, been
willing to make the accommodations that he has since made, they probably would not be here at
this time, he said. The Commission has not reviewed the current proposal of the developer. The
Commission has spent considerable time and effort to make this project happen, he said, and the
project was denied reluctantly. In the Commissions's best judgment, they did not feel the proposal
they saw met the Commission's guidelines. The construction of the buildings was not in the best
interest of the City and he asked that the Council sustain the rejection of the drawings which the
Commission reviewed. Assuming the Council does this, he said they would be more than willing
to work with the developer in the future.
During the Commission's deliberations, Councilmember Blakey asked if there was any discussion
about laying over the denial and work with the developer. Mr. Skrief responded that they
postponed action and continued to review the proposal. It was at the final meeting where the
Commission felt the developer was not forthcoming and they were "at the end of the road."
Councilmember Blakey expressed concern as to how a determination is made whether or not to
allow vinyl siding. Mr. Skrief said the issue of vinyl siding is a troublesome one for the
Commission also. Councilmember Blakey added that it would be more helpful to the Council if
there was more clarity and consistency when it comes from the Commission as it appears there is
one set of guidelines when dealing with new construction and another set for dealing with older
homes.
Councilmember Megard asked how long it will be before the Commission would look at this
project again if the appeal is denied by the Council. Aaron Rubenstein responded that the
Commission reviewed a set of plans that is very similar to the site plan shown at this meeting.
The building design is essentially the same but the arrangment on the land has changed somewhat.
There have also been some other changes that the Commission has not reviewed. It would be
good if the HPC reviewed the project again if there are changes that address concerns of the
Council or the HPC and he suggested it could go on an HPC agenda in two weeks.
Mr. Heise said he made a presentation once to the HPC and he did not agree with the
characterization presented by the HPC in working with them. He said he did not recall suggestions
being made in a working session. It has not been as simple as has been portrayed, he said. They
want to put something in that fits with the neighborhood.
April 9, 1997, City Council Summary Minutes Page 13
John Mathern, Pineview Homes, appeared and said they have attended many meetings with the
HPC. If they were told to go back to the HPC, it is something they don't necessarily care to do as
he feels there is a great deal of disparity amongst the members of the commission in the directions
they were pulled with the exterior laying of this building. He did not feel going back would
change as the buildings they showed to the Council are the same buildings they presented to the
HPC.
(Megard was excused from the meeting at this time)
Marilyn Vogel, 471 Ashland Avenue, stated this proposal is for five very large buildings on three
50 foot lots. She feels the main problem with this project is that it is an over-dense site plan
requiring variances in all directions.
Rahn Westby, 541 Portland Avenue, asked that the City Council come to a compromise to
preserve the integrity of the HPC and the developer who has worked hard on this project. She
suggested that the Council chose one person from the HPC, one representative from the developer
or the architect and perhaps a neutral former chair of the HPC to act as a mediator to see if the job
could be accomplished.
Judy McLauglin, President of the Ramsey Hill Association, stated they work closely with District
8 and especially with community issues so developers and the neighborhood groups are not
required to attend a lot of meetings. When a project such as this lies within the boundaries of
Ramsey Hill, there is a responsibility to hold community issues meetings in conjunction with the
District 8 Community Issues Committee. The recommendation from the meeting is sent on to the
District 8 Board for final approval. In this case the zoning meeting fell between the meeting of the
Ramsey Hill Association and the District 8 meeting. The recommendation sent forth was from the
Ramsey Hill Association with a member of the Community Issues Committee from District 8 in
attendance. She said she hoped there would be some indication to the developer that the project
can go forward and if there needs to be fine tuning, that it be done.
Judy Beck, 487 Ashland Avenue, asked that the City Council support the HPC guidelines as they
are an important aspect to the neighborhood overall and that the intent of the guidelines be
honored.
Frank Greczyna, Pineview Homes, appeared and expressed his frustration with the process. He
said many people in the area have called with their support.
Councilmember Blakey moved to close the public hearing. Yeas - 6 Nays - 0 (Megard not
present)
Councilmember Blakey expresed his appreciation to everyone involved in this project and the work
that has been done. He said he is concerned that this property has been vacant for a lengthy time.
He spoke in support of the appeal for the project to move forward with the understanding that a
April 9, 1997, City Council Summary Minutes Page 14
committee be formed with a representative from the developer, Ramsey Hill Association, HPC,
Aaron Rubenstein and Blakey's office to look at some of the secondary issues
Motion of intent - Appeal granted with condition
Yeas - 6 Nays - 0 (Megard not present for vote)
Suspension Items
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 97-403 - Authorizing the Saint Paul Police Department to enter into a lease agreement
with River Properties of Saint Paul.
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 97-404 - Relocating the Saint Paul Impound Lot Facility to a temporary site during
the impending flood.
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
Councilmember Blakey moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-405 - Directing the Mayor's Administration to prepare a written update on the
status of City of Saint Paul Legislation.
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
The meeting was recessed from 7:28-8:00 p.m.)
Present - 4 Absent - 3 (Blakey, Megard (excused), Rettman (arrived after roll call)
68. Hearing of public comments regarding the adequacy of Continental Cablevision's corrective plan
for the institutional network.
Council President Thune stated it was the Council's desire that any testimony from City staff or
Continental staff be submitted to the Council in writing and that the record will be held open for
written testimony for an additional week.
George Scott, Arlington High School teacher, appeared. He stated the school has close to 400
computers, he operates three world wide web servers and all of his students are on line. They run
two e-mail servers and depend very heavily on the wide area network which runs on the I-Net. He
will be meeting with a representative from the State of Minnesota who will put a T1 line into their
building for a video conferencing feed which will feed the district over the wide area network.
They have concerns about the future of it and its ability to handle the load as they grow.
April 9, 1997, City Council Summary Minutes Page 15
Gerry Strathman, City Council Research Director, summarized the Council's role and the
importance of this hearing. When the cable franchise was granted in 1984, it provided that the
cable company would build two video networks: one is called the subscriber network which was to
be 748 miles and provide video services to cable television customers. There was a second cable
system that was also to have been built that was 153 miles long and provides video and data
transmission services and was to be used by public institutions and private customers. It's this
second institutional network that is the issue the Council will have to make a decision on.
In November, 1996, there was a transfer and franchise modification agreement reached between
the City, Continental Cablevision and U.S. West, the current owner of Continental Cablevision St.
Paul. An important part of that agreement had to do with the institutional network because City
staff who worked with the City Council in negotiating this agreement were very concerned about
the performance or lack of performance of the Inet. A procedure was laid out in the agreement
calling for testing of the network to determine whether it was operating in compliance with the
requirements of the franchise. The testing was done in January, reports were written in February
and the City is required under that agreement to conduct a public hearing with respect to the
corrective plan which Continental submitted on March 14.
After this hearing, Strathman continued, the Council has until May 7, 1997 to make a
determination as to the adequacy of the corrective plan Continental Cablevision has submitted. If
the Council determines it to be adequate they have until August 15 to implement it and complete
the correction. If the Council determines it is inadequate, they have an additional ten business
days to make it adequate. The testimony which will be received in writing goes to the adequacy of
the corrective plan because the test results determination was that the institutional network, as it
was tested at that time, does not meet franchise requirements. The pivitol issue is that Contintal's
corrective plan is not viewed by City staff as being adequate. It will be the Council's decision on
May 7 as to whether it considers the plan adequate.
Alvin Roth, Director of Staff Development, Specialized Support Services, for the Saint Paul
Schools appeared and stated the institutional network is esssential to the schools' function. In the
next 24 months they will see a major shift in how they handle data. They will have a payroll
system, a human relations system, a student support system and a finance system that will carry
information from the central office to approximately 60 buildings in the school district. They must
have the Inet he said.
John Gibbs, representing Continental Cablevision, spoke in support of the process. Mr. Gibbs
was agreeable to a decision being made on May 7 and extending it another week if a decision is
not made at that time.
Councilmember Harris moved to close the public hearing and extend written testimony one week.
Acceptance of written testimony was extended to April 16; discussion will be held
on May 7 (no public comments will be heard) Yeas - 6 Nays - 0 (Megard not present)
April 9, 1997, City Council Summary Minutes Page 16
FOR DISCUSSION
27. Resolution - 97-187 - Authorizing an amendment to the Pledge Agreement for the Parking and
Transit Fund. (Laid over from March 26)
(Discussion was held at the HRA meeting)
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
28. Resolution - 97-247 - Amending the Pledge Agreement related to the expansion of the Seventh and
Wabasha Streets Parking Ramp. (Laid over from March 26)
(Discussion was held at the HRA meeting)
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
29. Presentation by the Administration on an evaluation work plan for the Saint Paul Fire Chief. (Laid
over from April 2)
Councilmember Harris stated he had some changes to the plan and Thune suggested they be
drafted in resolution form for submittal.
Councilmember Blakey asked about the makeup of the Diversity Committee that was to have been
established. Tim Marx, Mayor's Office, responded that he was not certain at this point but the
intent was to have the overall Labor-Management Committee discuss how to set it up. The first
meeting was scheduled for April 10, 1997.
Mr. Marx reported that he and Councilmember Harris met and discussed his concerns and
suggestions and he felt they were all addressed. Mr. Harris responded that his issues were not
included in the plan before them. He reviewed them and the work plan was amended.
30. Administrative Order:
D001183 Amending the 1996 budget in the Department of Public Works by transferring
spending authority within the Street Repair and Cleaning Fund to adjust spending
budgets for the year 1996 for compliance with fund sufficiency policies. (Laid over
from April 2)
Noted as on file in the City Clerk's Office
ORDINANCES
(Councilmember Megard was excused from the meeting and not present for the votes on Items 31 through
39)
April 9, 1997, City Council Summary Minutes Page 17
31. Final Adoption - 97-279 - An ordinance amending Chapter 11 of the Saint Paul Legislative Code
to improve upon the language and to more accurately reflect the current animal control
environment in the City and allow service animals assisting individuals with disabilities on the
grounds in City markets.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
32. Final Adoption - 97-280 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code
to bring the chapter up-to-date and reflect the current situation requiring permits to be obtained
from the Office of License, Inspections and Environmental Protection.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
33. Final Adoption - 97-281 - An ordinance amending Chapter 140 of the Saint Paul Legislative Code
to improve upon the language and to more accurately reflect the current animal control
environment in the City and allow service animals assisting individuals with disabilities into the
skyway system.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
34. Final Adoption - 97-283 - An ordinance amending Chapter 196 of the Saint Paul Legislative Code
to bring the chapter up-to-date, improve upon the language and to more accurately reflect the
current animal control environment in the City.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
35. Final Adoption - 97-284 - An ordinance repealing Chapter 197 of the Saint Paul Legislative Code.
Councilmember Blakey withdrew the ordinance.
Withdrawn
36. Final Adoption - 97-285 - An ordinance amending Chapter 198 of the Saint Paul Legislative Code
to bring the chapter up-to-date, improve upon the language and to more accurately reflect the
current animal control environment in the City.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
37. Final Adoption - 97-286 - An ordinance amending Chapter 199 of the Saint Paul Legislative Code
to bring the chapter up-to-date, require that ferrets be vaccinated against rabies, improve upon the
language and to more accurately reflect the current animal control environment in the City.
Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
April 9, 1997, City Council Summary Minutes Page 18
38. Final Adoption - 97-287 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code
to bring the chapter up-to-date, improve upon the language and to more accurately reflect the
current animal control environment in the City. Creates section 200.17 Collars, leashes. tie outs.
(Amended March 19)
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
39. Final Adoption - 97-288 - An ordinance amending Chapter 347 of the Saint Paul Legislative Code
to bring the chapter up-to-date, require Saint Paul pet-shop owners to provide customers
purchasing an animal requiring a permit the necessary documentation for obtaining a permit and to
more accurately reflect the current animal control environment in the City.
Councilmember Harris moved to introduce a substitute ordinance which was prepared by
Councilmember Megard.
Substitute introduced and laid over to April 16 for final adoption
Yeas - 6 Nays - 0
40. Second Reading - 97-351- An ordinance finalizing City Council action approving the petition of
the Saint Paul Port Authority to rezone property at the Arlington-Jackson Business Park from B-2
to I-1. (Public hearing held January 8, 1997).
Laid over to April 16 for third reading
41. Second Reading - 97-352 - An ordinance finalizing City Council action approving the petition of
Daniel and Linda Burns to rezone property at 986 Grand Avenue from RM-2 to P-1. (Public
hearing held February 26, 1997)
Laid over to April 16 for third reading
Reconsidered Item
Councilmember Rettman moved to reconsider the following resolution and presented amendments.
Resolution - 97-315 - Approving application for a Gas Station License by Erickson Oil Products,
Inc., dba Freedom Value Centers, 1215 North Dale Street. (ID #66443) (Amended and adopted
April 2)
Reconsidered and adopted as amended Yeas - 6 Nays - 0 (Megard not present for vote)
The City Council meeting was recessed at 8:37 p.m. for the HRA meeting.
The City Council meeting resumed after the HRA meeting for consideration of Items #27 & 28.
April 9, 1997, City Council Summary Minutes Page 19
Councilmember Harris moved to adjourn the meeting.
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D:vid Thun-, ncil President
ATTEST:
Minutes approved by Council
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Nancy A3hderson N\a , 1 y VActl
Assistant Council Secretary
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