Approved Minutes 5-7-1997 SUMMARY MINUTES
U ES OF THE SAINT PAUL CITY COUNCIL
Wednesday, May 7, 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
The City Council meeting was recessed for consideration of the HRA Agenda.
Roll Call - 7 present 0 - Absent
The City Council meeting was resumed.
CONSENT AGENDA
Councilmember Blakey requested Item#6, D001222 by laid over one week.
Councilmember Megard requested Item#8 be removed for discussion.
Councilmember Blakey requested Item#9 be removed for discussion.
Councilmember Bostrom moved approval of the Consent Agenda as amended. Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of April 2, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Amy Campanaro, Earl McDonald, and State Farm Insurance (for John Steifer).
Referred to Employee/Risk Management Division
3. Motion and Motion for Summary Judgment, Exhibits and Order in the matter of Patrick A.
Carlone vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Lapkwang Tsang and Hau Yin Tsang vs. the City of
Saint Paul.
Referred to the City Attorney's Office
5. Letters from Saint Paul Public Health declaring 659 Edmund Avenue and 855 Woodbridge Street
as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
May 7, 1997 City Council Summary Minutes Page 2
6. Administrative Orders:
D001220 Authorizing the Department of Planning and Economic Development to contribute
$5,000.00 for consulting services for the Twin Cities Economic Development
Group.
D001221 Authorizing the Office of Human Resources to reimburse vendors for costs incurred
in conducting employee relations and recognition programs in 1997.
Noted as on file in the City Clerk's Office
D001222 Implementing delegation of signature authority on City contracts.
Laid over to May 14 Yeas - 7 Nays - 0
7. Resolution - 97-494 - Approving the appointment of Councilmember Daniel Bostrom to fill the
remainder of former Councilmember Janice Rettman's unexpired term on the Port Authority of the
City of Saint Paul.
Adopted Yeas - 7 Nays - 0
8. (Discussed after the consent agenda)
9. (Discussed after the consent agenda)
10. Resolution - 97-497 - Authorizing the Department of Fire and Safety Services to enter into a lease
agreement with the Mall of America for a meeting of Metropolitan Fire Chiefs.
Adopted Yeas - 7 Nays - 0
11. Preliminary Order - 97-498 - In the matter of grading and paving Mystic Street from Burlington
Road to approximately 400 feet south of Burlington Road, and constructing sanitary sewer service
and water service connections, if requested by the property owner, and setting date of public
hearing for July 2, 1997. (File #18846 & 18846WC)
Adopted Yeas - 7 Nays - 0
12. Resolution Approving Assessment - 97-499 - In the matter of improving the platted roadway in the
Williams Hill Business Park from University Avenue to Mississippi Street (Phase 1), and setting
date of public hearing for July 2, 1997. (File #18844)
Adopted Yeas - 7 Nays - 0
13. Resolution Approving Assessment - 97-500 - In the matter of sidewalk reconstruction on the west
side of Westminster Street from East Hoyt Avenue to approximately 400 feet south of East Hoyt
Avenue; the north side of Topping Street from Mackubin Street to North Western Avenue; the
north side of West Cook Avenue from Rice Street to Albemarle Street; the south side of West
Cook Avenue from Rice Street to Galtier Street; and the west side of Woodbridge Street from
West Cook Avenue to West Jessamine Avenue at 1091, 1097 and 1099 Woodbridge Street only,
and setting date of public hearing for July 2, 1997. (File #S95047, S95074, S96042-596044)
Adopted Yeas - 7 Nays - 0
May 7, 1997 City Council Summary Minutes Page 3
14. Resolution Approving Assessment - 97-501 - In the matter of sidewalk reconstruction on the north
side of Stillwater Avenue from North Hazel Street to North Ruth Street; the north side Stillwater
Avenue from North Ruth Street to Nokomis Avenue; the south side of Stillwater Avenue from
North Ruth Street to Nokomis Avenue; and the south side of Stillwater Avenue from North Hazel
Street to North Ruth Street, and setting date of public hearing for July 2, 1997. (File #S95090,
S95091, S95100, S95101)
Adopted Yeas - 7 Nays - 0
15. Resolution Approving Assessment - 97-502 - In the matter of sidewalk reconstruction on both
sides of Kent Street from Ashland Avenue to Holly Avenue; the south side of Iglehart Avenue
from North Chatsworth Street to North Oxford Street; both sides of Hague Avenue from North
Avon Street to Fisk Street and the east side of Fisk Street from Selby Avenue to Hague Avenue;
both sides of Iglehart Avenue from North Victoria Street to North Milton Street; and the east side
of North St. Albans Street from Hague Avenue to Laurel Avenue at 678 Hague Avenue only, and
setting date of public hearing for July 2, 1997. (File #S96001, S96009, S96020, S96021, S96047)
Adopted Yeas - 7 Nays - 0
16. Resolution Approving Assessment - 97-503 - In the matter of sidewalk reconstruction on both
sides of Maria Avenue from Euclid Street to Surrey Avenue; both sides of East Montana Avenue
from Flandrau Street to North White Bear Avenue; both sides of Ross Avenue from Flandrau
Street to North White Bear Avenue; and both sides of East Seventh Street from Hazelwood Street
to Germain Street, and setting date of public hearing for July 2, 1997. (File #S96005, S96045,
S96048, S96049)
Adopted Yeas - 7 Nays - 0
17. Resolution Approving Assessment - 97-504 - In the matter of sidewalk reconstruction on both
sides of Banfil Street from Dousman Street to North Smith Avenue; the northwest side of Adrian
Street from Albion Avenue to Alaska Avenue at 1717 & 1729 Adrian Street only; the north side of
Goodhue Street from Cliff Street to Dousman Street at 245 Goodhue Street only; the north side of
James Avenue from Toronto Street to West Seventh Street at 966 West Seventh Street only; and
the north side of Goodrich Avenue from Garfield Street to South Western Avenue, and setting date
of public hearing for July 2, 1997. (File #S96012, S96023, S96027, S96032)
Adopted Yeas - 7 Nays - 0
18. Resolution Approving Assessment - 97-505 - In the matter of sidewalk reconstruction on the south
side of Beechwood Avenue from Davern Street to South Fairview Avenue at 1716 Beechwood
Avenue only; the north side of Eleanor Avenue from South Chatsworth Street to Rogers Street at
989 Eleanor Avenue only; the south side of Fairmount Avenue from South Syndicate Street to
South Hamline Avenue at 1336 Fairmount Avenue only; the north side of Ford Parkway from
South Snelling Avenue to Macalester Street at 1631 Ford Parkway only; and both sides of Kenneth
Street from Bohland Avenue to Saunders Avenue, and setting date of public hearing for July 2,
1997. (File #S96016, S96017, S96038, S96039, S96050)
Adopted Yeas - 7 Nays - 0
May 7, 1997 City Council Summary Minutes Page 4
21. Resolution - 97-489 - Electing a new City Council Vice President. (Laid over from April 30)
Councilmember Collins moved to appoint Councilmember Blakey.
Substitute resolution introduced and adopted Yeas - 7 Nays - 0
8. Resolution - 97-495 - Authorizing City staff to enter into negotiations with Noram Energy
Management, Inc. for a guaranteed energy savings contract for a pilot project to conduct energy
and operational audits and to provide a customized program to save operational and energy costs
at certain City-owned facilities.
Withdrawn by Councilmember Megard
9. Resolution - 97-496 - Accepting a grant in the amount of$42,000 from Climate Wise Local
Government Industrial Project.
Councilmember Blakey asked when an action plan will be completed to achieve measures to
reduce greenhouse gas emissions. Chuck Armstrong, Mayor's Office, responded that he has
talked with Neighborhood Energy Consortium staff, the City's partner in the grant application.
St. Paul is not the only participant; it ties into the proposed transit plan and efforts of the Met
Council. They are looking to be able to set targets in approximately 10-12 months. Al Shetka,
Public Works, will be working with the Transportation Management Organization which will be
headed by the St. Paul Chamber of Commerce with participation by the Building Owners and
Management Association (BOMA), the Metropolitan Council, and others.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
19. Discussion on the adequacy of Continental Cablevision's corrective plan for the institutional
network.
John Gibbs, Robbins Kaplin Law Firm, representing Continental Cablevision appeared. He noted
that Continental submitted a corrective plan to the institutional network which will result in
improved reliability for the system, improved picture quality, and faster data speeds. The most
significant issue raised recently regarding the cable television systems' institutional network (I-
Net) isn't really related to the technical standards themselves and perhaps not even something that
is specifically a franchise requirement but rather an issue of reliability of the I-Net for some of the
users who want to transmit data, he said. Continental's plan is to improve reliability beyond any
commitments in the franchise through additional status monitoring equipment, new modems, new
amplifiers, fiber optic links, etc. Continental Cablevision is in the 13th year of a 15-year
franchise with St. Paul. Originally an institutional network was proposed and constructed to serve
institutions such as city departments, schools, libraries, etc. In 1987 consultants for the City
reported that the I-Net, as designed and constructed, was satisfactory to meet the video and data
transmission applications specified in the franchise application. In 1992 St. Paul amended its
franchise ordinance to authorize Continental Cablevision to continue to maintain its institutional
network facilities and equipment as existing on August 1, 1992 and also authorize equipment
May 7, 1997 City Council Summary Minutes Page 5
network facilities and equipment as existing on August 1, 1992 and also authorize equipment
substitutions if that was appropriate. The tradition of the I-Net is quite good. A record of
difficulties does exist with the I-Net but it is quite recent and is largely a function of uses far
beyond what was originally contemplated in 1982-83 when the franchise proposal was developed.
Continental's original corrective plan as proposed in March plans for replacement. Continental
has also submitted proposed revisions to that plan for consideration which indicates a willingness
to address the needs of end-users and explore some mutual alternatives. Mr. Gibbs stated that
Continental is open to discussing the needs of the users. He noted that there are only two years
left in the franchise. A suggestion has been made that Continental should replace or rebuild the
network which they do not feel is a prudent thing to do if there is not a basis for such a
requirement in the franchise or the transfer agreement and it would not be required to meet the
obligations of the technical standards nor to meet the reliability concerns which they acknowledge
have been addressed. A rebuild would be enormously expensive for cable television customers in
St. Paul, especially for such a short period of time. Continental is committed to meeting with staff
and work out other suggestions that are responsive to specific concerns end users have identified
and enter into a dialogue with staff regarding the proposed amendments which have been
submitted for consideration.
Gerry Strathman, City Council Research Director, stated that he and Holly Hanson, City Cable
Officer, have work with Continental Cablevision on various issues for a number of years. The
difficulties with the I-Net have been paramount for some time and the reason this issue was central
to the transfer agreement that was negotiated and approved by the City Council. One of the
conditions of the transfer agreement was that the I-Net be thoroughly tested. The tests were done
in January and it's agreed by all parties that it failed to pass the tests. The Continental Cablevision
Corrective Plan proposes to bring the network into compliance with the requirements of the
franchise and Mr. Strathman said they do not believe it does that. The plan has been reviewed by
staff as well as the consulting engineer and there have been discussions with experts in the field.
In contrast with Continental's view, they do not feel it meets the standards in the franchise and
does not meet the standards that were agreed to in the franchise transfer agreement which also
referred to FCC standards and industry standards. Also, it is felt that the design Continental has
proposed is inherently unreliable because of the way it's designed. Mr. Strathman said they differ
with the view of Continental Cablevision about the technical adequacy of the plan and do not
believe it meets the standards nor do they believe it will be reliable.
Mr. Strathman said they appreciate the fact that Continental has acknowledged that the network
has deficiencies and that they have brought forward a corrective plan. He said they are also
pleased that when Continental was informed that deficiencies were seen in the initial plan they
showed flexibility by suggesting revisions or amendments to the plan.
Based on the advice of the technical experts and staff's analysis of the plan, the recommendation
was that the City Council fmd the plan submitted by Continental Cablevision on March 14, 1997
to be inadequate and that City staff be directed to continue to work with Continental Cablevision in
an attempt to develop a plan which the City Council would find adequate. The plan would be
submitted in three weeks. Staff should also be directed to prepare a resolution implementing that
fording.
May 7, 1997 City Council Summary Minutes Page 6
Councilmember Megard moved to accept the staff recommendation, reject the March 14, 1997,
plan and request that a resolution be prepared.
Accepted City Staff Report Yeas - 7 Nays - 0
22. Resolution - 97-506 - Staff recommendation regarding policy for promoting equal opportunity and
diversity through the City's professional services contracting process.
Councilmember Blakey moved to layover one week
Laid over to May 14 Yeas - 7 Nays - 0
ORDINANCES
23. Final Adoption - 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 23)
Councilmember Blakey moved approval
Adopted Yeas - 7 Nays - 0
24. Second Reading - 97-490 - An ordinance amending Chapter 176 of the Saint Paul Legislative Code
to prohibit persons from attaching objects to trees by injurious means, and replacing references to
the director of community services.
Laid over to May 14 for third reading/public hearing
25. Second Reading - 97-491 - An ordinance granting the Port Authority, and their successors in
interest, permission to operate and maintain existing railroad tracks crossing Ridder Circle.
Laid over to May 14 for third reading/public hearing
Suspension Items
Councilmember Megard moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-526 - Congratulating the Lubavitch Yeshiva of Minnesota-The Wexler Learning
Institute for purchasing their new building at 225 North Wilder Street in Saint Paul.
Adopted Yeas - 7 Nays - 0
Councilmember Collins moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-527 - Appointing Linda Jungwirth and Mark Voerding as Legislative Aides
(equivalent to one FTE) to Councilmember Joseph Collins.
Adopted Yeas - 7 Nays - 0
May 7, 1997 City Council Summary Minutes Page 7
Councilmember Blakey moved for suspension of the rules to introduce the following resolution:
Yeas - 7 Nays - 0
Resolution - 97-528 - Recommending the Minnesota State Legislature consider adopting criteria
focusing on the conviction of individuals, clarify and define "criminal gang", and the membership
of the Strikeforce of the Criminal Gang Council should be representative of the community in race
and gender.
Councilmember Blakey stated that the State Legislature has been discussing a criminal gang
council and strike force. He prepared a resolution detailing recommendations for the Legislature.
Councilmember Blakey moved approval.
Councilmember Bostrom stated that what the State is attempting to address and what the City is
addressing are the hard core criminals. He expressed concern that when a city gets into multi-
jurisdictional task forces, it will take police officers from several jurisdictions. Often they are
dealing with long-time investigations. Chief Finney and Sheriff Fletcher have both expressed
concerns, Bostrom said. There is a safety concern with officers and a concern with having citizens
involved.
Councilmember Blakey responded that he has had no communication with Chief Finney or Sheriff
Fletcher on this. He said he has a concern with saying citizens should not be involved with what
the police are doing or have taxpayers look at how police departments are carrying out their
business. Something would be wrong if it were done in secrecy, he said.
If there is a concern about officer safety, Councilmember Harris said, the Council should be clear
about what they are asking. He questioned if it was appropriate for a citizen who is not trained in
law enforcement to have access to a lot of police data. Harris recommended it be laid over and the
language be refined together with Chief Finney.
(Thune left during the discussion)
Councilmember Harris suggested an amendment to Line 12 of the resolution and moved approval
as amended.
Councilmember Megard said she was concerned that the Chief has not commented on this and said
she preferred a layover.
Councilmember Bostrom concurred with a layover saying it is a serious issue and the Chief and
Sheriff should be allowed to be a part of it. Councilmember Bostrom moved to accept the
amendment and to layover one week.
Amended and laid over to May 14 Yeas - 4 Nays - 2 (Blakey, Harris)
(Thune not present for vote)
May 7, 1997 City Council Summary Minutes Page 8
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 97-529 - Indemnifying Galtier Plaza during a City-sponsored Youth Job and
Volunteer Fair.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
(Megard left, Thune returned)
PUBLIC HEARINGS
26. Final Adoption - 97-52 - An ordinance amending Chapter 366 of the Saint Paul Legislative Code
to require permits for use of downtown parks for community festivals and special events. (Laid
over from April 23 for continuation of public hearing)
Councilmember Blakey moved to lay over two weeks at the request of Parks and Recreation and
the District Councils.
Laid over to May 21 Yeas - 6 Nays - 0 (Megard not present for vote)
27. Resolution - 97-341 - Concerning the Taxicab Driver's License Renewal Application submitted by
Daniel R. Beckman, 1057 Portland Avenue. (Laid over from April 23)
Withdrawn at the request of the City Attorney
(Megard returned)
28. Resolution - 97-431 - Approving application for Cigarette, Liquor On-Sale Class A, Sunday On
Sale Liquor, Restaurant (B), Entertainment Class B and Gambling Location Class A Licenses by
Minnesota Restaurants Inc., dba All Star Sports Cafe, 2554 Como Avenue. (ID #99433) (Laid
over from April 23)
Phillip McDonald, 2085 Eleanor Avenue, appeared and spoke in opposition.
Councilmember Megard moved to layover one week as the conditions were still being worked out.
Laid over to May 14 Yeas - 7 Nays - 0
29. Resolution - 97-507 - Approving application for an On Sale Malt (strong beer) license by L & A
Consulting & Food Service, dba Ristorante Luci Ancora, 2060 Randolph Avenue. (ID #11707)
Councilmember Harris stated the owner is working on parking issues with the neighbors and
requested a six-month layover.
Laid over to October 22 Yeas - 7 Nays - 0
30. Resolution - 97-508 - Approving application for an Auto Repair Garage License by Henry Stewart,
dba Milans Motors, 741 University Avenue West. (ID #44058)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
May 7, 1997 City Council Summary Minutes Page 9
31. Resolution - 97-509 - Approving application for a State Class B Gambling Premise Permit by
Joanna Perry, on behalf of Royal Guard Jr. Drum & Bugle Corps, at T. J. Bell's, 1201 Jackson
Street. (ID #B-03146)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
32. Resolution - 97-510 - Approving application for a Gambling Manager's License by Kathleen
Kirchoff, dba Royal Guard Jr. Drum & Bugle Corps, at T. J. Bell's, 1201 Jackson Street. (ID
#63514)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
33. Resolution - 97-511 - Approving application for a Gambling Manager's License by Ernest
Mutterer, dba Epilepsy Foundation of Minnesota, at Herges Bar, 981 University Avenue West.
(ID #19553)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
34. Resolution - 97-512 - Approving application for a State Class B Gambling Premise Permit by
Joanne Susens, on behalf of Epilepsy Foundation of Minnesota, at Herges Bar, 981 University
Avenue West. (ID #B-02928)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
35. Resolution - 97-513 - Approving application for a State Class B Gambling Premise Permit by
Jackie Pearson, on behalf of St. Paul East Athletic Association, at Moose's Locker Room, 1177
Clarence Street. (ID #B-04755)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
36. Resolution - 97-514 - Approving application for a Gambling Manager's License by James R.
McDonough, dba St. Paul East Athletic Association, at Moose's Locker Room, 1177 Clarence
Street. (ID #22353)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
May 7, 1997 City Council Summary Minutes Page 10
37. Resolution - 97-515 - Approving application for Liquor On Sale-C, Sunday On Sale Liquor,
Restaurant C Limited, Entertainment Class A and Cigarette Licenses by Alee, Inc., dba Bourbon
Bar, 691 Dale Street North. (ID #38832)
Michael Samuelson, Thomas-Dale District 7 Planning Council, appeared and reported that the
Planning Council voted to support the re-opening of this establishment. The owners have agreed
to clean up the bar and have indicated they are considering changing the name of the bar.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
38. Resolution - 97-516 - Approving application for a Wine On Sale and On Sale Malt (strong beer)
License by Saykham Sengmavong, dba Family Lao-Thai Restaurant, 501 University Avenue West.
(ID #22082)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
39. Resolution - 97-517 - Approving application for an Off Sale Malt, Cigarette, and Grocery-C
License by Hidden Falls Food Market, 1040 Cleveland Avenue South. (ID #31405)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
40. Final Order - 97-518 - In the matter of sidewalk reconstruction on the south side of Lafond
Avenue from North Milton Street to North Chatsworth Street and both sides of Van Buren Avenue
from North Chatsworth Street to North Oxford Street. (File #S97001, S97002)
Mike Davis, 936 Lafond Avenue, appeared and stated his sidewalk does not require repair.
Council President Thune referred Mr. Davis to a staff person from the Sidewalk Division to
discuss the matter.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
41. Resolution Ratifying Assessment - 97-519 - In the matter of installation of storm sewer service
stubs, as requested by the property owner, in conjunction with the 7th/Lafayette Area Storm Sewer
Project. (File #18671-C)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
42. Resolution Ratifying Assessment - 97-520 - In the matter of construction of storm sewer stub
connections, as requested by the property owner, in conjunction with the 35E/University Area
Storm Sewer Separation Project. (File #18690-C)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
May 7, 1997 City Council Summary Minutes Page 11
43. Resolution Ratifying Assessment - 97-521 - In the matter of construction of storm sewer stub
connections, as requested by the property owner, in conjunction with the Prior/Sheridan Area
Street Paving and Lighting Project. (File #18698-C)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
44. Resolution Ratifying Assessment - 97-522 - In the matter of construction of sanitary sewer and
storm sewer service connections, as requested by the property owners, in conjunction with the
Albert/Eleanor Area Project. (File #18704-C)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
45. Resolution Ratifying Assessment - 97-523 - In the matter of construction of sanitary sewer and
storm sewer service connections, as requested by the property owner, in conjunction with the
Davern/Edgcumbe Area Storm Sewer and Street Paving and Lighting Project. (File #18750)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 97-524 - In the matter of improving the "T" alley in Block 2,
Dawson and Smith's subdivision by constructing storm sewer drainage structures and grading and
paving with bituminous materials. (File #18797)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
47. Resolution Ratifying Assessment - 97-525 - In the matter of improving the alley in Block 1,
Gilbert's Greenway Court by grading and paving with bituminous material. (File #18798)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
(Thune left)
48. Public hearing to consider the appeal of Judy Beck, Her & Marilyn Vogel, and Pam Brandt to a
decision of the Board of Zoning Appeals granting several variances in order to construct an eight
unit townhouse development at 496 Laurel Avenue.
John Hardwick, Department of Planning and Economic Development, provided a staff report
stating this matter came before the Board of Zoning Appeals. The developer requested several
setback variances in order to develop the project. The same development was before the Council
in April on an appeal of the Heritage Preservation Commission. At the public hearing a
recommendation was made based on findings 1 through 6 for approval. There were two people
who spoke in support and no one present speaking in opposition to the project. The board
received one letter in opposition. After taking testimony from everyone present, the board voted
to grant the variances on a 7-0 vote.
(Bostrom left)
May 7, 1997 City Council Summary Minutes Page 12
Herb Vogel, 471 Ashland Avenue, appeared and presented a petition signed by 28 property
owners surrounding the site who would like to reduce the number of units from eight to seven.
Front yard variances were granted which he said was not enough and the development will not fit
in with the existing homes. He provided a detailed report on what they objected to with the homes
and garages.
In response to a question raised by Councilmember Megard, John Hardwick explained that a
minor variance is one that deals with an accessory structure or an addition to a single family home.
Anything other than that is a major variance, which is what this would be. The unit facing
Mckubin Street has an attached garage that comes within five feet of the rear property line and
would require a variance of 20 feet. An attached garage is considered part of the principle
structure. The current zoning is RM-2 and would permit multiple family development. Based on
the lot size of this parcel of land, the property could be developed as a 19 or 20 unit apartment
building.
Dan Miller (lives across the alley from the site) appeared and stated he is in the commercial
appraisal business and has looked at the cost and financial analysis on this project. He presented
and discussed a plan that included seven, or possibly six units, instead of eight.
Judy Beck, owner of the property at 487 Ashland Avenue, addressed the findings of fact in the
appeal and asked that the Council act on the erroneous findings.
Bob Jordan, 487 Laurel Avenue, stated that the site development does not conform to the historic
nature of the neighborhood. He proposed that the development not proceed as proposed, that it be
at a lower density and conform to the Historic Preservation Commission guidelines and the Zoning
Department's guidelines.
Susan Didiar, 482 Laurel Avenue, spoke against the current plans saying that one garage is less
than 10 feet from one of her kitchen windows and the garages are three feet off the property line.
Marilyn Vogel, 471 Ashland Avenue, stated she did some comparison of other town home projects
in the area; she reviewed her findings for the Council. She stated that future residents deserve
what the current neighbors have enjoyed.
Judy McLaughlin, 275 Summit Avenue, President of the Ramsey Hill Association, stated that the
Ramsey Hill Association held two community issues meetings on this project. At the second
meeting there was a unanimous vote to support the requested variance changes of the developer.
She was also a part of the negotiating team along with the HPC, the developer, staff from
Councilmember Blakey's office, and one of the neighbors. They met for a considerable amount of
time and work out all the details requested by the Council. Ms. McLaughlin reported that the
Ramsey Hill Association supports the variance.
(Bostrom returned)
May 7, 1997 City Council Summary Minutes Page 13
Rahn Westby, neighborhood resident, cited a recent decision of the Minnesota Court of Appeals
which she felt would have a bearing on this matter. In this decision, the Court of Appeals
indicated that a district court's affirmation of the denial of an application of a zoning variance was
in part attributable to the fact that the appellant, who was the owner of the property, knew at the
time he acquired the property that it would be subject to his acquisition of various residential
variances as well as other guidelines. In this particular case, because this project has been
attempted to be developed on three different occasions, the difficulty of building on this property
has been well known. She indicated that the developer cannot say that he neither knew of the
historic preservation guidelines or the necessity of acquiring the variances which he requested.
She said she does not doubt that he requested the variance and that the process was followed until
the point that the site plan became substantially more than the variances requested. The City has
long adhered to a policy of renotification if the site plan is inconsistent or is not the requested
variance. Due process is critical to the integrity of the neighborhood and is critical to the integrity
of the government. The applicant knew full well that the HPC was going to require something
from him and knew that he needed substantial variances. Ms. Westby asked that the process be
brought into compliance with policy. The policy has always been that the variance and the site
plan are open to the public to be reviewed and the variances requested must match the site plan
which is on file for the public.
The public hearing was closed.
Frank Greczyna, builder of Pineview Homes, appeared. He said they started with a 11-12 unit
project and they were lead to believe by various neighborhood groups that they would prefer that
it be eight units. They proceeded with the project with the support of the Ramsey Hill Association
and Summit-University District Council. They met with John Hardwick, City staff person
representing Zoning, they appeared before the Zoning Variance Committee, the meeting was
advertised and no neighbors attended. He presented background information stating that they
abided by all the rules and tried to accommodate what they were instructed to do. He said the site
plan fits with the area and they have received positive response from people.
Councilmember Blakey said Mr. Greczyna has been very cooperative in working to make changes
and he moved to deny the appeal saying he did not find any error in the fmdings.
Councilmember Morton concurred that there was no error and she feels it will be good for the
community and that it is a good project.
Councilmember Megard asked if the site plan was changed and due notice given for review as
required. John Hardwick responded that the site plan was changed at the request and suggestion of
the HPC representative and a representative from the Ramsey Hill Association. The change, as
determined by the assistant city attorney who is staffing the Board of Zoning Appeals, was that it
was considered a diminutive change because the project has had sufficient review and is of
sufficient size that to change one of the setback variances would not affect the overall development
of the site. Therefore, it was not necessary to re-notify.
May 7, 1997 City Council Summary Minutes Page 14
Appeal denied Yeas - 5 Nays - 2 (Collins, Megard)
(The meeting was recessed from 5:50 to 6:15 p.m.)
Present - 4 Absent - 3 (Blakey, Bostrom, Harris)
Suspension Items
Councilmember Megard moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-530 - Scheduling a City Council closed meeting on May 14, 1997, at 2:30 p.m. in
the Northwest Conference Room, 310 City Hall, to discuss labor negotiations.
Adopted Yeas - 4 Nays - 0 (Blakey, Bostrom, Harris not present for vote)
(Harris arrived)
Councilmember Collins moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-531 - Opposing Article 11, Section 35 of S.F. 493 changing the use of Cultural
Sales Tax Funds.
Adopted Yeas - 5 Nays - 0 (Blakey and Bostrom not present for vote)
(Bostrom arrived)
Councilmember Harris moved for suspension of the rules and approval of the following resolution
Resolution - 97-532 - Reaffirming C.F. 97-311 and stating the City Council's support for action
by the House/Senate Conference Committee on S.F. 612 to exempt the City of Saint Paul from
1994/95 amendments which would set Council terms at four years.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
20. Resolution - 97-493 - Approving the Term Sheet for the lease of the new Hockey Arena to be
constructed as part of the Saint Paul Civic Center. (Laid over from April 30)
Pam Wheelock, Department of Planning and Economic Development presented a substitute
resolution. Councilmember Collins moved for suspension of the rules to introduce the substitute.
Yeas - 6 Nays - 0 (Blakey not present for vote)
(Blakey arrived)
Ms. Wheelock provided an update on St. Paul's effort to secure a hockey team. Chris Hanson,
Civic Center Director presented slides of the Civic Center and the repairs that would be required
in order to have an acceptable arena. Ms. Wheelock reviewed the term sheet and Joe Reid,
Budget Director, reviewed budget data for the arena.
May 7, 1997 City Council Summary Minutes Page 15
Council President Thune asked Ms. Wheelock to follow up on the following questions and issues
that were raised by Councilmembers:
- that work will be found for existing employees at the Civic Center who could be out of work
during construction;
- that there be an agreement with Civic Center management that there will be collective
bargaining as well as collective bargaining on the construction;
- that goals are set for women and minority employment both in construction and operation of
the Civic Center.
- how the living wage resolution applies; if everything is met or if there are exemptions that
need to be applied for;
- local (St. Paul) contribution for youth hockey;
- that the annual TIF contribution that is now made at the Civic Center would be covered in all
the expenses and revenues that are anticipated so there is not a shortage;
- that debt service on the new underground parking ramp is still covered;
- that there is a free parking policy for the Downtown Library in the Civic Center ramp.
- if there will be an "open books" policy so the City could inspect their books if there was a
disagreement over how much money is spent or is not spent on the business, the building, etc.
Councilmember Collins moved approval.
Substitute introduced and adopted Yeas - 6 Nays - 1 (Blakey)
(May 7, 1997 Term Sheet)
Councilmember Harris moved to adjourn the meeting.
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