Approved Minutes 6-11-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, June 11, 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 - 6 - Blakey, Bostrom, Collins, Harris, Morton, Thune
Absent - 1 - Megard (Excused)
CONSENT AGENDA
Councilmember Collins requested Item #5 be removed for discussion.
Councilmember Bostrom requested Item #16 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended
Adopted Yeas - 6 Nays - 0
FOR ACTION
1. Approval of minutes of May 7, 1997.
Adopted Yeas - 6 Nays - 0
2. Claims of Jean-Alex Molina and Monica Voth.
Referred to Employee/Risk Management Division
3. Complaint in the matter of Gary Holmgren vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Lenora Travis vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. (Discussed after the consent agenda)
6. Communication from Saint Paul Animal Control dated June 2, 1997, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
7. Administrative Orders:
D001238 Addition of$27,171.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001239 Authorizing the Department of Fire and Safety Services to make payment in the
amount of$494.00 for St. Paul Ramsey EMS Coordinator Timothy Held to attend
a training course.
June 11, 1997 City Council Summary Minutes Page 2
D001240 Deduction of$1,620.00 from the contract for shingle roof replacement at Central
Service Facility.
D001241 Authorizing the Police Department to make payment in the amount of$7,000 for
transportation and admission fees for adults and youth taking part in the Youth
Initiative Program.
Noted as on file in the City Clerk's Office
8. Resolution - 97-707 - Approving the appointments, by Mayor Coleman, of Anne Weber as a
member and Mike Kassan as an alternate to the Middle Mississippi River WMO and the Lower
Mississippi River WMO. (To be laid over one week for adoption)
Laid over to June 18 for adoption
9. Resolution - 97-708 - Approving the Memorandum of Agreement between the City of Saint Paul
and the Bricklayers and Allied Craftsman Local No. 1 of Minnesota for the 1997 wage and fringe
re-opener. (To be laid over one week for adoption)
Laid over to June 18 for adoption
10. Resolution - 97-709 - Approving the Memorandum of Agreement between the City of Saint Paul
and Painters Local Union No. 61 for the 1997 wage and fringe re-opener. (To be laid over one
week for adoption)
Laid over to June 18 for adoption
11. Resolution - 97-710 - Approving polling locations for the primary and general elections for
September and November of 1997.
Adopted Yeas - 6 Nays - 0
12. Resolution - 97-711 - Approving the following organizations to the 10% Club for 1997: Asian
Pacific Youth Alliance, Eastside Wrestling Organization, Edgcumbe Community Center Hockey
Booster Club, El Rio Vista Booster Club, Hayden Heights Booster Club, North Star Hockey For
Kids Group, St. Anthony Park Gymnastic Club, Sports For Life, and Volleyball For Her.
Adopted Yeas - 6 Nays - 0
13. Resolution - 97-712 - Approving disbursement of Youth Program Funds to the following
organizations: Asian Pacific Youth Alliance, Boosters East, Inc., Conway Booster Club, Dayton's
Bluff Booster Club, Duluth & Case Booster Club, Edgcumbe Community Center Hockey
Boosters, Frogtown Festival, Hayden Heights Booster Club, and History Day Support Group,
North Star Hockey For Kids Group, Phalen Youth Club, St. Paul Science Fair Support Group,
Snelling/Hamline Community Council, Sports For Life, Valley Booster Club, Volleyball For Her,
Wilder Youth Club, and Youth Express.
Adopted Yeas - 6 Nays - 0
14. Resolution - 97-713 - Declaring certain Board of Water Commissioners' property in the City of
Little Canada to be surplus and authorizing the preparation and execution of a quitclaim deed
which shall quit the City's interest in the property in favor of the Board.
Adopted Yeas - 6 Nays - 0
June 11, 1997 City Council Summary Minutes Page 3
15. Resolution - 97-714 - Approving the use of assessment financing in accordance with City policy
for installation of a fire protection system at 340 Cedar Street.
Adopted Yeas - 6 Nays - 0
16. (Discussed after the consent agenda)
17. Preliminary Order - 97-716 - In the matter of sidewalk reconstruction on both sides of Blair
Avenue from North Chatsworth Street to North Oxford Street, and setting date of public hearing
for August 6, 1997. (File #S97080)
Adopted Yeas - 6 Nays - 0
18. Preliminary Order - 97-717 - In the matter of sidewalk reconstruction on both sides of Arbor
Street from Jefferson Avenue to Grace Street, and setting date of public hearing for August 6,
1997. (File #S97081)
Adopted Yeas - 6 Nays - 0
19. Preliminary Order - 97-718 - In the matter of sidewalk reconstruction on the west side of North
Hamline Avenue from West Arlington Avenue to West Nebraska Avenue; the south side of West
Nebraska Avenue from North Hamline Avenue to Sheldon Street, and the north side of West
Nebraska Avenue from North Hamline Avenue to the west 128 feet to the alley; and the north side
of Pearl Street from Bayless Avenue to Cromwell Avenue and the east side of Cromwell Avenue
from Pearl Street to the north 40 feet, and setting date of public hearing for August 6, 1997. (File
#S97086-S97088)
Adopted Yeas - 6 Nays - 0
5. Letters from Saint Paul Public Health declaring 85 Litchfield Street, 600 Selby Avenue, and 1147
Virginia Street as "nuisance properties", and setting date of Legislative Hearings for June 17,
1997 and City Council Hearings for June 25, 1997.
Councilmember Collins moved the following amendment:
85 Litchfield Street and 1147 Virginia Street rescheduled to July 1 Legislative Hearings and July 9
City Council Hearings.
Adopted Yeas - 6 Nays - 0
16. Resolution - 97-715 - Changing the rate of pay of the Council Investigation and Research Center
Director from Grade 26 to Grade 28 of the Non-represented City Managers Standard Ranges in
the Salary Plan and Rates of Compensation.
Councilmember Bostrom moved to layover two weeks and also requested that the resolution be
placed on the agenda of the organizational meeting on June 25.
Laid over to June 25 Yeas - 6 Nays - 0
June 11, 1997 City Council Summary Minutes Page 4
FOR DISCUSSION
20. Resolution - 97-269 - Amending the duties of the Traffic Maintenance Worker class specification
in accordance with Civil Service Rule 32. (Laid over from March 19)
Withdrawn by Council President Thune
21. Resolution - 97-349 - Creating a Capital City Development Program. (Laid over from April 30)
Councilmember Blakey explained that the Capital City Development Program (CCDP) was put
together by him and Councilmember Harris in order to look at housing and business issues in St.
Paul including Houses to Homes issues, vacant properties, rehabing property and trying to
streamline how to do vacant housing rehab in the City, trying to cut down on the bureaucratic and
administrative costs by doing larger scale development, targeting housing by geographic area,
decreasing construction costs by saying if there is a CDC that wants to do ten houses, being able
to give them the ability to take an amount of money and allow them the flexibility to do the work
as they see fit as long as it's up to code. It's a program that is trying to make access to City
dollars more flexible.
Councilmember Harris stated the program includes targeting development, encouraging more
strategic proposals, trying to decrease costs so more can be done in specific areas and improve the
flexibility of the funds. They are looking at home loan funds, scattered site TIF funds, the types
of funding that would get collapsed into the CCDP. Comments have been received from some
members of the Capital Improvement Budget (CIB) Committee as well as members of the STAR
Board. There may be further discussions about how this program can include citizen participation
and how there can be more community input.
Councilmember Harris moved approval.
Councilmember Morton said she would like be assured that comments made by the Department of
Planning and Economic Development (PED) be incorporated into the final plan, especially that
there will be a review.
Councilmember Collins said he agrees with the program but he would not agree to the elimination
of any fire sprinklers.
Gary Pelltier, PED, appeared and stated that PED is committed to continue working with all of
their partners, Councilmembers and Council staff on all of the issues that require more detail.
Adopted Yeas - 6 Nays - 0
22. Resolution - 97-599 - Establishing a two-year phase-out of the special assessment for the annual
operation and maintenance of Town Square Park Loft. (Amended and laid over from May 28)
Councilmember Harris moved to layover three weeks.
Laid over to July 2 Yeas - 6 Nays - 0
June 11, 1997 City Council Summary Minutes Page 5
23. Resolution - 97-600 - Reducing the Town Square maintenance assessment for seven (7) property
owners. (Laid over from May 28)
Councilmember Harris moved approval
Adopted Yeas - 6 Nays - 0
24. Resolution - 97-719 - Accepting proposal on sale of$7,000,000 Water Revenue Refunding Bonds,
Series 1997C and providing for their issuance.
Martha Kantorowicz, Office of Financial Services, explained that the bonds were issued for the
purpose of refunding the variable rate demand bonds that were issued in 1994 originally for $10
million. These bonds are for $7 million as the Water Utility was able to make a cash contribution
to buy down a portion of the debt. Credit ratings were requested from Standard and Poors (S&P)
and Moody's. S&P gave the City an AA rating and revised the outlook from stable to positive.
The rational for S&P's high rating was a healthy service area economy, excellent financial
performance and liquidity, low debt and manageable capital needs. Moody's confirmed a rating
of AA2 citing the water system's strong financial operations, a stable service area, and a
manageable capital program. The City received seven bids for the sale. The most favorable bid
received was 4.88% from Morgan, Kegan and Company.
Councilmember Harris moved approval
Adopted as amended Yeas - 6 Nays - 0
ORDINANCES
25. Final Adoption - 97-565 - An ordinance amending Chapters 60 and 62 of the Saint Paul
Legislative Code pertaining to zoning; cellular telephone amendments. (Amended and laid over
from June 4)
Councilmember Harris moved approval.
Councilmember Morton referred to a letter received from Assistant City Attorney Peter Warner
pertaining to the amendment made in the lot area where he indicates that granting a variance from
a one acre lot condition would not constitute a use variance prohibited by law. A variance could
be granted and one of the concerns of the utilities is that if this were implemented they would
never be able to get a variance.
Councilmember Harris said he has communicated to several of the utility companies that one of
the primary concerns of the Council is to maintain the neighborhoods and the residential areas and
at the same time give an opportunity to schools and churches that may be seeing this as a way to
get additional revenue for having the towers. The changes made in the ordinance were only for
free standing polls. In particular zoning areas of the City, an antennae can still be put on top of a
building. Mr. Warner has stated that in the event a variance is needed, it is not prohibited, they
can go through the process, have a hearing before the Zoning Board and the City Council, if need
be.
Adopted Yeas - 6 Nays - 0
June 11, 1997 City Council Summary Minutes Page 6
Suspension Items
Councilmember Blakey moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-733 - Indemnifying Macalester College against potential damages for which they
may be held accountable associated with the Martin Luther King/Mechanic Arts/Central Alumni
Association Track Meet.
Adopted Yeas - 6 Nays - 0
Councilmember Collins moved for suspension of the rules to introduce the following resolution:
Resolution - 97-734 - Authorizing and supporting the execution of a design-build contract for the
construction of a new facility for the Minnesota Department of Revenue at the Motor Pool site in
St. Paul.
Tim Marx, Mayor's Office, appeared and said this resolution states the City's strong support for
the Department of Revenue building to be located in the City of Saint Paul at the Motor Pool site
across from the Public Safety Building. The Legislature allocated funds this past session for the
Revenue Department to be located in the Capitol complex. However, it also said that if it was
determined not to be feasible to be located in the Capitol complex, it could either be located in
Inver Grove Heights or the existing building they're in could be purchased for $23 million. The
State, acting through the Department of Revenue and Administration, has determined that they
want to leave their current facility when their lease expires in November, 1998. There are
approximately 1300 employees at the Department of the Revenue. It has been the objective of the
Council and the Administration to keep those employees in downtown Saint Paul.
The Administration is proposing that the City guarantee to the State that the project will be done
and will be done on time within the budget the State has allowed of$74.9 million. To the extent
any City guarantee would be drawn upon, the developer would indemnify the City for any amount
of the guarantee. The developer being considered, the Wellington Group, and the construction
company being considered, Kraus-Anderson, are strong and solvent. If the Wellington Group is
chosen to construct the building on behalf of the State, a performance bond would have to be put
in place. If there was a delay in the construction, the performance bond would be looked at first,
second, the developer would be looked to, and only then would the City guarantee come into play.
Even then there is the protection that the developer and the construction company will be
indemnifying the City. It is felt it is a very low risk that the City guarantee would ever be used,
but it is still felt it is important to have the guarantee in place or to offer the guarantee to the State
to bolster its finding that it is feasible to keep the Revenue Department employees in downtown.
If the State decides to chose a different developer, the Administration will bring the information
before the City Council, Marx said.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
June 11, 1997 City Council Summary Minutes Page 7
(The meeting was recessed from 4:33 to 4:45 p.m.)
Present - 4 - Collins, Harris, Morton Thune
Absent - 3 - Blakey, Bostrom (arrived later in the meeting), Megard (Excused)
PUBLIC HEARINGS
26. Third Reading - 97-601 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code
to expand the boundaries of the Downtown Business District to allow the sale and service of
alcoholic beverages within a sidewalk cafe on Harriet Island. (Substitute introduced June 4)
No one appeared in opposition; Laid over to June 25 for final adoption
27. Third Reading - 97-602 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code
to expand the boundaries of the Downtown Business District to allow sale and service of alcoholic
beverages in sidewalk cafes on Harriet Island. (Substitute introduced June 4)
No one appeared in opposition; Laid over to June 25 for final adoption
28. Third Reading - 97-603 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code
expanding the boundaries of the Downtown Business District for the purpose of allowing the sale
and service of alcoholic beverages in sidewalk cafes on Harriet Island. (Substitute introduced
June 4)
No one appeared in opposition; Laid over to June 25 for final adoption
29. Third Reading - 97-604 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to expand the area lying within the Downtown Business District for the purpose of sale and
service of alcoholic beverages within a sidewalk cafe. (Substitute introduced June 4)
No one appeared in opposition; Laid over to June 25 for final adoption
30. Third Reading - 97-625 - An ordinance amending Chapter 246 of the Legislative Code to allow
consumption of alcohol on public streets which are blocked off as part of a block party, festival or
community event in the Downtown Business District.
No one appeared in opposition; Laid over to June 25 for final adoption
31. Resolution - 97-720 - Approving application for a Liquor Off Sale License by Capital City
Properties, dba Radisson Inn St. Paul, 411 Minnesota Street. (ID #25581)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 4 Nays- 0 (Blakey & Bostrom not present for vote)
(Bostrom arrived)
32. Resolution - 97-721 - Granting the St. Paul Saints Baseball Club a sound variance level for music
concerts at Midway Stadium on June 28 and July 17, 1997 from 12 noon to 10:00 p.m.
No one appeared in opposition; Councilmember Harris moved to lay over one week.
Laid over to June 18 Yeas - 5 Nays- 0 (Blakey not present for vote)
June 11, 1997 City Council Summary Minutes Page 8
33. Resolution - 97-722 - Ordering the owner to remove or repair the building at 1359 Blair Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to October 11, 1997)
No one appeared in opposition; Councilmember Harris moved to layover two weeks.
Laid over to June 25 Yeas - 5 Nays - 0 (Blakey not present for vote)
34. Resolution - 97-723 - Ordering the owner to remove or repair the building at 774 Capitol Heights
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to November 12, 1997)
No one appeared in opposition; Councilmember Harris moved approval
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0 (Blakey not present for vote)
(Blakey arrived)
35. Resolution - 97-724 - Ordering the owner to remove or repair the building at 677 Kent Street
within fiftccn (15) five(5) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Gerry Strathman, Legislative Hearing Officer, provided a staff report stating that the mortgage on
this building is held by The Bank of America and is an FHA insured mortgage. The intentions
are to turn the building over to HUD. They are still in the foreclosure process and are seeking
additional time from the City to complete the foreclosure and transfer to HUD.
Jane Hill of Murnane Law Firm, representing The Bank of America appeared. She confirmed
Mr. Strathman's statement and said they had just formally received the file for foreclosure and the
title work. The property has an estimated market value of$58,100. A HUD inspector found the
building to be structurally sound and estimated it could be rehabed for $16,000 or less. Ms. Hill
requested they be granted time to take care of the foreclosure and the procedure they would take.
To her knowledge, she did not think the neighbors had asked the property to be razed but that it
be boarded up for one year. She further stated she was not aware of any police calls since the
property has been boarded up. The taxes are current, and about $3,300 in taxes is generated from
the property.
Steve Christie, Assistant City Attorney representing St. Paul Public Health, provided the Council
with additional information as part of the evidentiary record to establish that this building is a
nuisance building and the cost of rehabilitating the property is much more than was presented by
the bank. He reminded the Council that nuisance petitions had been submitted before the property
became vacant. It is Public Health's position that it is not viable rental property and is not a
property that can be managed appropriately for the enjoyment of the neighborhood. Mr. Christie
provided extensive information and background history of this property.
Councilmember Collins recommended demolition of the building saying it has been a consistent
problem since 1980.
June 11, 1997 City Council Summary Minutes Page 9
Councilmember Blakey moved to amend the resolution from 15 days to five days for removal or
repair.
Michael Samuelson, representing the District 7 Planning Council, appeared and said they are in
support of the demolition. However, he pointed out that the issues are generally not a building
but the tenants and poor management. It is unfortunate that four more units of affordable housing
will be lost in the community, Samuelson said, and they have a concern with that issue. There
needs to be a concentrated effort to identify problem properties early and attempt to work out the
problems rather than continue to demolish them. He said the District 7 Planning Council would
like to work with the City to find a good use for the land.
Adopted as amended Yeas - 6 Nays - 0
36. Resolution - 97-725 - Ordering the owner to remove or repair the building at 915 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval and amending the date for repair or removal to 180 days if the $200 vacant
building fee is paid and the $2,000 bond posted by noon on June 11, 1997)
Gerry Strathman, Legislative Hearing Officer, reported that the vacant building fee had not been
paid nor the bond posted and, therefore, he recommended approval of the order as originally
proposed. Mr. Strathman further stated that the building has been vacant since August 1996 and
there have been two summary abatement orders. The taxes are paid, a code compliance inspection
was done in April 1997 and it was the conclusion of that assessment that rehabilitation was
unlikely and not economically viable. The owner indicated he intended to rehab the building and
he has a prospective buyer which was the reason Mr. Strathman allowed additional time to make
the repairs.
Ron Wiederhoft, 1435 Jessamine Avenue, property owner, appeared and requested two additional
days to secure the bond and pay the vacant building fee due to complications with the business
deal.
Councilmember Harris moved to approve the resolution and suggested if Mr. Wiederhoft posts the
bond it can be reconsidered.
Adopted (remove or repair within 15 days)
Yeas - 6 Nays - 0
(Thune left)
37. Resolution - 97-726 - Ordering the owner to remove or repair the building at 846 Western Avenue
North within fifteen (15)thirty (30) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Gerry Strathman, Legislative Hearing Officer, reported that this property is in foreclosure. The
attorney representing Bankers Trust, the mortgage holder, indicated they were trying to accelerate
June 11, 1997 City Council Summary Minutes Page 10
the foreclosure process but were having difficulty and were requesting additional time to complete
the foreclosure.
Paul Weingarden, representing Bankers Trust of New York, appeared and stated that this is a
conventional mortgage and not a HUD property. The property became vacant within three days
of this meeting. Foreclosure was completed in March 1997 subject to a six month redemption
period. Now that the property is vacant, Mr. Weingarden said he has commenced a reduction
redemption action which is scheduled for June 25 for the purpose of reducing the period of
redemption to July 31. A determination will be made as to the economic value and whether it is
worth saving. The property will be secured and will be cleaned up. He requested a continuation
period of 30 days to make the initial assessment of the property.
Steve Chrisie, Assistant City Attorney, reported that the Department of Planning and Economic
Development did a rehabilitation assessment the previous Friday. The estimated cost for
rehabilitation is $58,000 which does not seem to be economically viable. He presented the
Council with the detailed information. He further stated that Mr. Weingarden's 30 days request is
reasonable and asked the Council to grant the time to avoid litigation.
Councilmember Collins moved approval to allow 30 days for repair or removal.
Adopted as amended Yeas - 5 Nays - 0 (Thune not present for vote)
38. Resolution - 97-727 - Amending C.F. 97-318, adopted March 26, 1997, ordering the owner to
remove or repair the building at 903 Fourth Street East within 180 days from adoption of
resolution.
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 5 Nays - 0 (Thune not present for vote)
39. Resolution - 97-728 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 2017 Iglehart, 1137 South Winthrop Street, 1672
South Point Douglas Road, 2196 and 2236 Lower Afton Road, 2071 Skyway Drive, 400 Selby
Avenue, and 1293, 1299 & 1305 Grand Avenue.
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 5 Nays - 0 (Thune not present for vote)
40. Resolution Ratifying Assessment - 97-729 - In the matter of summary abatements (snow removal
and/or sanding walks) for winter of 1997 for properties at 2106 Marshall Avenue, 473 Cretin
Avenue South, 1857 Cottage Avenue East, 2176 Stillwater Avenue, and 695 St. Anthony Avenue;
and summary abatements for 1110 Forest Street. (J9705AA, J9704A4) (Laid over from May 14)
(Legislative Hearing Officer recommends approval with the following exceptions: 2106 Marshall
Avenue (J9705AA) laid over to June 17 Legislative Hearings, and 2176 Stillwater Avenue
(J9705AA) reduce assessment to $37.50)
Chadoua Vue, 1110 Forest Street, appeared. Gerry Strathman, Legislative Hearing Officer,
reported that this property involved cleanup of refuse in the yard and also an open garage with
June 11, 1997 City Council Summary Minutes Page 11
various material stacked to the ceiling. Proper notice was given, the property was not cleaned up
and the City subsequently did the cleanup.
The property owner testified that the refuse in the yard belonged to the previous owner who said
she would remove everything. He questioned why everything was taken from the garage.
Councilmember Harris requested that Reneta Weiss inform him how the inspector determined that
the items in the garage constituted a public health hazard.
Councilmember Morton moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0 (Thune not present for vote)
41. Resolution Ratifying Assessment - 97-730 - In the matter of sidewalk reconstruction on both sides
of East Lawson Avenue from Arcade Street to Mendota Street, the east side of Prosperity Avenue
from Ames Avenue to East Magnolia Avenue; both sides of East Lawson Avenue from Edgerton
Street to Payne Avenue; the north side of East Hawthorne Avenue from Flandrau Street to Breen
Street and at 1724 East Hawthorne Avenue; both sides of East Hyacinth Avenue from Kennard
Street to Breen Street; both sides of East Lawson Avenue from Earl Street to Duluth Street; both
sides of East Orange Avenue from Flandrau Street to Breen Street; both sides of Birmingham
Street from East Arlington Avenue to East Nebraska Avenue; the south side of Case Avenue from
Hazelwood Street to Kennard Street; the north side of East Cottage Avenue from Germain Street
to Kennard Street; both sides of East Magnolia Avenue from Edgerton Street to Payne Avenue;
1378 Mcafee Street; and the east side of Winchell Street from East Nevada Avenue to East Hoyt
Avenue. (File # S95038-39, S95048, S95054-57, S95093-97 & S95102)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0 (Thune not present for vote)
42. Final Order - 97-672 - In the matter of construction of a sanitary sewer/connections and water
main/connections in Return Court from Worcester Avenue to approximately 300 feet south of
Worcester Avenue and In Return Court from Field Avenue to approximately 130 feet north of
Field Avenue. (File #18839, 18839-W) (Laid over from May 28)
Withdrawn by Councilmember Harris
43. Final Order - 97-731 - In the matter of improving the platted roadway in the Williams Hill
Business Park from University Avenue to Mississippi Street. (File #18844)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0 (Thune not present for vote)
44. Resolution - 97-732 - To consider the vacation of part of West Fourth Street west of Washington
Street, allowing the petitioner to construct an improved entrance to the Civic Center Complex.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
June 11, 1997 City Council Summary Minutes Page 12
45. Public hearing to consider the appeal of Harry Mandik, et al. to a decision of the Board of Zoning
Appeals granting a variance to allow construction of a detached garage on a zoning lot other than
the lot of the principle residence at 2100 Minnehaha Avenue East.
John Hardwick, Office of License, Inspections and Environmental Protection, provided a staff
report. The Board of Zoning Appeals (BZA) heard a request from Mr. Swenson, owner of
property at 2100 Minnehaha Avenue East, for a variance to allow construction of a detached
garage on a parcel of land separate from where his principle residence is on. The variance was
granted on a 5 to 2 vote. District 1 did not take a position. Staff recommendation was for
approval of the variance.
Appearing in opposition to the variance were:
Bruce Werner, Werner Law Firm, representing the contingency of homeowners that front
Margaret Street.
Harry Mandik, 2111 Margaret St. the appellant
Steven Benson, 2127 Margaret St.
Cliff Gebhard, 2107 Margaret St.
Valarie Gebhard, 2107 Margaret St.
Appearing in support of the variance were:
Pat Swenson, 2100 Minnehaha Ave., the applicant for the variance
Michael Courtright, 2106 Minnehaha
Debbie Swenson, 2100 Minnehaha Ave.
Councilmember Morton moved to close the public hearing. Yeas - 5 Nays - 0 (Thune not
present for vote)
Councilmember Morton moved to deny the appeal stating that the BZA did not err. The six
findings of fact that are required by law were found. These are not buildable lots as there is no
sewer or water. There were three conditions imposed: that there be no commercial use; that Mr.
Swenson would have to petition to vacate Beech Street within a year; and that the garage be built
according to the plan submitted to the BZA.
Councilmember Collins stated he visited the site and he also does not see that the BZA made an
error.
Motion of Intent - Appeal Denied Yeas - 5 Nays - 0 (Thune not present for vote)
(Thune returned)
June 11, 1997 City Council Summary Minutes Page 13
Suspension Item
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-735 - Approving amendments to District Heating Agreements and consenting to
additional bonds.
Adopted Yeas - 6 Nays - 0
Councilmember Harris moved to adjourn the mee •• -. . Nays - 0
• . . I , DAT6:3, A'
a
P avid Th e, ouncil President
ATTEST:
Minutes approved by Council
4
Nancy An rson \. \k'Ark
Assistant Council Secretary
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