Approved Minutes 1-24-1996 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, January 24, 1996 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:42 p.m. by Council President Thune.
Present - 6 - Councilmembers Bostrom, Guerin, Harris, Megard, Rettman, Thune
Absent - 1 - Councilmember Blakey (arrived after roll call)
The City Council meeting was recessed to consider the Housing and Redevelopment Authority
Consent Agenda. Roll Call Yeas - 6 Nays - 0
Councilmember Guerin moved to recess the HRA meeting and resume the City Council meeting.
Roll Call Yeas - 7 Nays - 0
CONSENT AGENDA
FOR ACTION
Councilmember Bostrom requested Item #18 be removed for discussion.
Councilmembers Harris and Rettman requested item #19 be removed for discussion.
Councilmember Blakey moved approval of the Consent Agenda as amended.
Roll Call Yeas - 7 Nays - 0
1. Approval of minutes of January 3, 1996 and Closed Door Session of January 3, 1996.
Adopted Yeas - 7 Nays - 0
2. Claims of Marion and Robert E. Wethern.
Referred to the City Attorney's Office
3. Petition in Condemnation and Motion for Transfer of Title for the Arlington Jackson
Redevelopment District in the matter of the Port Authority of the City of Saint Paul vs. the
City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Order to Show Cause in the matter of Lot 1, Block 2, Riverview Industrial Park No. 1.
Referred to the City Attorney's Office
January 24, 1996 City Council Summary Minutes Page 2
5. Letter from the Division of Public Health declaring 613 Blair Avenue, 1371 Van Buren
Avenue and 441 View Street as "nuisance properties", and setting date of Legislative
Hearing for February 6, 1996, and City Council Hearing for February 14, 1996.
6. Letter from the Real Estate Division recommending approval of the Ramsey County
Assessor's recommendation for reduction in assessed valuation for Abatement #AC95-
4794, 560 Randolph Avenue.
Adopted Yeas - 7 Nays - 0
7. Letter from the Real Estate Division announcing date of public hearing before the City
Council on February 21, 1996, to consider the vacation of a portion of Sixth Street
between Summit Avenue and Mulberry Street to improve tenants' access to parking lot.
8. Letter from the Department of Planning and Economic Development announcing date of
public hearing before the City Council on January 31, 1996, to consider the application of
the Port Authority of Saint Paul for a combined preliminary and final plat to allow the
property to be subdivided into two individual lots for sale or lease at the southeast quadrant
of Interstate 35E and West 7th Street.
9. Administrative Order:
D00816 Amending the 1995 budget in the Division of Parks and Recreation to reflect
proper spending authority for the payment of child care expenses for the
Future Force Program and for payment of anticipated salaries and fringe
benefits.
Noted as on file in the City Clerk's Office
10. Resolution - 96-47 - Approving the appointment of Patrick J. Donohue and the
reappointments of Valerie Liston and Gladys Morton, by Mayor Coleman, to the Board of
Zoning Appeals. (Laid over from January 17 for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 96-68 - Approving the appointments of Marjorie Ebensteiner and Kathie
Battle and the reappointments of Sham Shakir, Kou Vang, Mary Pickard and Frank
Gurney, by Mayor Coleman, to the Neighborhood Sales Tax Reinvestment (STAR)
Program. (To be laid over one week for adoption)
Laid over to January 31 for adoption
12. Resolution - 96-69 - Approving the appointment of Joseph Beissel, by Mayor Coleman, to
the Skyway Governance Committee. (To be laid over one week for adoption)
Laid over to January 31 for adoption
January 24, 1996 City Council Summary Minutes Page 3
13. Resolution - 96-70 - Approving the appointment of Eloisa Echavez, by Mayor Coleman, to
the Youth Fund Board. (To be laid over one week for adoption)
Laid over to January 31 for adoption
14. Resolution - 96-48 - Approving the 1995-1997 Agreement between Independent School
District No. 625 and the Operative Plasterers Local Union No. 265. (Laid over from
January 17 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 96-49 - Approving the 1995-1997 Agreement between Independent School
District No. 625 and the Minnesota Cement Masons, Plasterers and Shophands Local No.
633. (Laid over from January 17 for adoption)
Adopted Yeas - 7 Nays - 0
16. Resolution - 96-50 - Approving the 1995-1997 Agreement between Independent School
District No. 625 and Carpenters District Council of Southern Minnesota of United
Brotherhood of Carpenters and Joiners of America. (Laid over from January 17 for
adoption)
Adopted Yeas - 7 Nays - 0
17. Resolution - 96-71 - Amending Council File #95-943 to include term limitation on vacation
of that portion of Vandalia Street abutting 764 Vandalia Street. (File #03-1995)
Adopted Yeas - 7 Nays - 0
18. (Discussed later in the meeting)
19. (Discussed later in the meeting)
20. Resolution - 96-74 - Acknowledging receipt of loaned artwork from anonymous donor
which will be available for public viewing in the Office of the Mayor.
Adopted Yeas - 7 Nays - 0
21. Resolution - 96-75 - Finalizing City Council action taken January 3, 1996, concerning
adverse action against licenses held by Josha Corporation, dba Aabe's Music Shoppe, 1933
University Avenue.
Adopted Yeas - 7 Nays - 0
January 24, 1996 City Council Summary Minutes Page 4
22. Resolution Approving Assessment - 96-76 - In the matter of the assessment of benefits,
cost and expenses for summary abatements (property clean-up) from mid summer to
September, 1995, (J9603A); boardings-up of vacant buildings for July, 1995 (J9512B);
boardings-up of vacant buildings for August, 1995 (J9513B); demolition of vacant
buildings for August through December, 1995 (J9512C), and setting date of public hearing
for March 27, 1996.
Adopted Yeas - 7 Nays - 0
18. Resolution - 96-72 - Requesting the St. Paul Chief of Police and the Ramsey County
Sheriff continue meeting to discuss consolidation of their Communication Centers for the
purpose of dispatching police vehicles.
Councilmember Guerin stated a draft memo was received from Lt. Roscoe of the Saint
Paul Police Department showing a possible savings of $866,000 if the communication
centers of the Police and Sheriff were merged. The resolution is to allow discussions to go
forward on the feasibility of a merger and does not predetermine the outcome. It has been
said that the Police Department does not want to merge and, therefore, Guerin requested
staff from the Mayor's Office and City Council Office be present at discussions to insure
that the barriers are brought back to the policy makers to decide if the merger should take
place and if the City Council is interested in a savings to the taxpayers. He said he feels
it's important to go forward with the study in order to make an informed decision as to
whether mergers make sense.
At some point there may be some value in a merger, Councilmember Bostrom said;
however, because of the issues involved and the amounts of money that have been
discussed, he said he feels the issue needs a lot of attention. He suggested Council
Research staff look at the issue and bring a study back to Council for possible referral to a
Committee for discussion.
Councilmember Blakey concurred with Bostrom. It is a serious issue that will affect the
citizens of Saint Paul in the way they will be served, he said. All possible information
should be available for decision-making.
Cost estimates have been received which show there would be a cost savings, Council-
member Harris stated. It appears both Ramsey County and the City are interested in
merging and he suggested that discussions continue. He questioned the need for another
research project by Council Research when there are commitments from both entities to
move forward.
Concern was expressed by Councilmember Megard regarding service to the City and its
citizens with emergency service and a possible merger. She pointed out that attempts have
been futile to merge the Fire Department and Police Department Communication Centers
January 24, 1996 City Council Summary Minutes Page 5
and she felt that's where the City should be starting. She supported Bostrom's suggestion
to have Council Research look at the issue. Megard said she wants to know what the real
costs are and exactly how Saint Paul citizens will be served if the merger takes place.
Councilmember Rettman reviewed a "change sheet" prepared during the 1996 budget
deliberations stating that a study of a merger was voted on unanimously. Councilmember
Rettman moved to introduce a substitute resolution and Councilmember Bostrom moved to
amend the substitute to add language that Council Research, with the assistance of the
Budget Office, study the merger issue and bring back their findings to the City Council.
Lt. Joe Polski, Police Department, stated he has been the Police Department's lead person
in discussions with the Ramsey County Sheriff. He stated that the process was stopped in
the middle of a discussion when the Sheriff withdrew his offer. The current document
reflecting costs was produced based on items submitted to the committee and is a compila-
tion of the best estimate they were able to come together with at this point. It may or may
not be the final amount.
Substitute adopted as amended Yeas - 5 Nays - 2 (Guerin, Harris)
19. Resolution - 96-73 - Changing the rate of pay of the Council Investigation and Research
Center Director class from Grade 26 to Grade 28 of the Non-Represented City Managers
Salary Ranges.
Councilmember Megard moved approval.
Based on information on the Green Sheet, Councilmember Harris questioned if it was
accurate that the salary for the Council Research Director would increase from $68,311 to
approximately $72,000. Harris requested that the resolution be amended between lines 8
and 9 indicating that Council will conduct a personnel review of the position in six months
and have performance indicators and the performance level of the director. This issue and
the duties of the director could be discussed at the next City Council Organizational
meeting, Harris stated. He noted that a review has not been conducted and, therefore, did
not feel a salary increase was merited. Council President Thune accepted this as a friendly
amendment.
This resolution is a grade change based on a job re-evaluation and recommendations of the
Office of Human Resources and does not set a salary, Councilmember Megard stated.
Councilmember Harris responded that the Green Sheet indicates an annual salary increase
of approximately $3,900.
January 24, 1996 City Council Summary Minutes Page 6
Councilmember Rettman noted that the contract for the director will expire in 1996 and
recommended that an evaluation could be done at that time. She pointed out that this
involves '93 salary dollars as there is not yet a '94-'95 contract for the non-represented
employees. Therefore, the increase would be retroactive and the salary grade would
likely increase. She spoke against the salary increase.
Councilmember Bostrom moved to lay over until the contract is discussed, stating he did
not feel he was well enough informed as to the job duties to make a decision.
Laid over indefinitely Yeas - 5 Nays - 2 (Guerin, Thune)
FOR DISCUSSION
23. Resolution 96-54 - Adopting the proposed Saint Paul Polluted Lands Cleanup Program
Guidelines and executing a grant and loan agreement between HUD and the City of Saint
Paul for expenditure of EDI and Section 108 loan funds. (Laid over from January 17,
1996)
Council President Thune withdrew the resolution stating it could be resubmitted after
neighborhood meetings are held.
24. Resolution 95-1516 - Supporting State legislation establishing a system of checks and
balances in the governance of the HRA between the Commissioners of the HRA and the
Mayor. (Recalled from Intergovernmental Relations Committee on January 17)
Councilmember Guerin moved to lay over two weeks.
Laid over to February 7 Yeas - 7 Nays - 0
ORDINANCES
25. Final Adoption - 95-1338 - An ordinance to repeal Chapter 326 of the Saint Paul
Legislative Code relating to licensing building contractors effective March 31, 1996. (Laid
over from November 29)
Bob Kessler, Director of License, Inspections, and Environmental Protection, requested a
two week layover to allow a report to be completed. They are also looking at a possible
change in the proposal to keep parts of the ordinance in force.
Councilmember Harris moved to lay over two weeks
Laid over to February 7 Yeas - 7 Nays - 0
January 24, 1996 City Council Summary Minutes Page 7
26. First Reading - 96-77 - An ordinance amending Sections 60.202, 60.532, 60.612, 60.624,
62.106, 62.108, 64.100, 64.205, 64.206, and 64.300 of the Saint Paul Legislative Code
pertaining to zoning.
Laid over to January 31 for second reading.
PUBLIC HEARINGS
27. Third Reading - 95-1517 - An ordinance amending Chapter 310 of the Saint Paul
Legislative Code by streamlining the licensing process so that certain Class III renewals
could be approved administratively.
Councilmember Rettman reported she was informed by Licensing that they have not
received any negative feedback.
No one appeared in opposition; laid over to January 31 for final adoption.
28. Third Reading - 96-33 - An ordinance extending the NSP gas franchise from March 31,
1996, to June 30, 1996.
No one appeared in opposition; laid over to January 31 for final adoption.
29. Third Reading - 96-34 - An ordinance extending the NSP electric franchise from March
31, 1996, to June 30, 1996.
No one appeared in opposition; laid over to January 31 for final adoption.
30. Resolution - 96-78 - Approving application for an On Sale Malt (Strong), Restaurant B,
and Wine On Sale License by 830 Raymond, Inc., dba Panino's, 821 Raymond Avenue.
(ID #74978)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
31. Resolution - 96-79 - Approving application for a Cigarette, Grocery C, and Gas Station
License by Totem Foods, Inc., dba Total Station #2 (Sikander Dar, President), 1170
Arcade Street. (ID #46929)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
January 24, 1996 City Council Summary Minutes Page 8
32. Resolution - 96-80 - Approving application for an Original Container, Cigarette, and Gas
Station License by Q C Energy II LC, dba Jiffy (David Requet), 400 Dale Street North.
(ID #38399)
No one appeared in opposition; Councilmembers Harris and Rettman moved approval.
Adopted Yeas - 7 Nays - 0
33. Resolution - 96-81 - Approving application for a Cigarette, Grocery C, and Gas Station
License by Q C Energy II LC, dba Jiffy (David Requet), 1060 Grand Avenue. (ID
#14905)
No one appeared in opposition; Councilmembers Harris and Rettman moved approval.
Adopted Yeas - 7 Nays - 0
34. Resolution - 96-82 - Approving application for a Cigarette, Grocery C, and Gas Station
License by Q C Energy II LC, dba Jiffy (David Requet), 637 Rice Street. (ID #41081)
No one appeared in opposition; Councilmembers Harris and Rettman moved approval.
Adopted Yeas - 7 Nays - 0
35. Final Order - 95-1403 - In the matter of improving Ohio Street from George Street to
Annapolis Street. (File #18800) (Laid over from January 10)
Councilmember Harris moved to lay over indefinitely.
Laid over indefinitely Yeas - 7 Nays - 0
36. Final Order - 95-1404 - In the matter of construction and/or repair of sanitary sewer,
storm sewer and/or water service connections, if requested by the property owner, in
conjunction with improving Ohio Street from George Street to Annapolis Street. (File
#18800-Conn) (Laid over from January 10)
Councilmember Harris moved to lay over indefinitely.
Laid over indefinitely Yeas - 7 Nays - 0
37. Final Order - 96-39 - In the matter of assessments for the Cretin/Bayard Area Residential
Street Paving Project, including the construction of concrete curb and gutter, bituminous
roadway, concrete aprons and outwalks, sewer repairs, and refurbishing of existing
lighting system on Mount Curve Boulevard from Ford Parkway to Randolph Avenue. (File
#18802MC) (Amended and laid over from January 10)
Councilmember Harris provided background information on this street project stating that
work was done on one portion of the street in 1991.
January 24, 1996 City Council Summary Minutes Page 9
Paul St. Martin, Department of Public Works, provided a handout of the area in question
and gave an overview of past street work done in this neighborhood and the improvements
Public Works would like to make. Four options were presented by Mr. St. Martin.
Councilmember Harris moved to amend the Final Order to incorporate Option C "Mill and
overlay pavement; leave curb in place on property side (west); remove curb and place curb
and gutter on median side (east)."
Public testimony was received from Jim Miller, 707 Mt. Curve Boulevard, who spoke in
favor of the amendment.
Councilmember Rettman offered a technical amendment that the Final Order should reflect
that the street will not be widened and of the $7,540 estimated construction cost, 25%
would be assessed to the property owners.
Adopted as amended Yeas - 7 Nays - 0
(Harris left the meeting)
38. Resolution - 96-83 - Approving the decision of the Legislative Hearing Officer on Property
Code Enforcement Appeals for property located at 1901 East Maryland Avenue, 1362
Westminster Street - #301, 499-501 Grotto Street North, 1918 Carroll Avenue, 693 East
Arlington Avenue, 1020 Carroll Avenue, 2010 Marshall Avenue, and 1035 Cumberland
Street.
Council President Thune submitted a substitute resolution which added language to grant a
variance on a storm door at 499-501 Grotto Street North (line #10), and to grant a variance
to allow a fire ladder at 1918 Carroll Avenue (line #13).
No one appeared in opposition.
Councilmember Megard moved to introduce the substitute resolution and moved approval.
Substitute adopted Yeas - 6 Nays - 0 (Harris not present for vote)
39. Resolution - 96-84 - Approving the decision of the Legislative Hearing Officer on Property
Code Enforcement Appeals for property located at 656 Short Street. (Laid over from
January 10)
Gerry Strathman, Legislative Hearing Officer, reported that the condemnation order has
been lifted by the Division of Public Health and staff recommendation was for dismissal.
Councilmember Guerin withdrew the resolution.
January 24, 1996 City Council Summary Minutes Page 10
40. Resolution - 95-1294 - Ordering the owner to remove or repair the building located at 913
Jessie Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends laying over three months in Legislative Hearings) (Laid over from
December 27)
Councilmember Rettman stated she was not in favor of a two month layover and moved to
lay over one week in order to have time to resolve the issue.
No one appeared in opposition.
Laid over to January 31 Yeas - 6 Nays - 0 (Harris not present for vote)
(Harris returned)
41. Resolution - 96-85 - Ordering the owner to remove or repair the building located at 433
Cook Avenue East within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer recommends approval)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
42. Resolution - 96-86 - Ordering the owner to remove or repair the building located at 160
Forbes Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
(Council President Thune left and Vice President Rettman assumed the chair)
43. Resolution - 96-87 - Ordering the owner to remove or repair the building located at 1545
Reaney Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
44. Resolution - 96-88 - Ordering the owner to remove or repair the building located at 342
Sherburne Avenue within five (5) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
No one appeared in opposition; Councilmember Blakey moved approval,
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
January 24, 1996 City Council Summary Minutes Page 11
45. Resolution - 95-1522 - Ordering the owner to remove or repair the building located at 621
Wells Street within fifteen (15) days from adoption of resolution. (Referred to Legislative
Hearing Officer on December 27) (Legislative Hearing Officer recommends approval)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
46. Resolution - 96-89 - Approving adverse action against licenses held by Attucks-Brooks
American Legion Post No. 606, 976 Concordia Avenue.
City Attorney Tim Marx provided procedural instructions stating that this issue is an
adverse license action which was not contested and not heard before an administrative law
judge. The City Council was instructed to make its decision based on the facts in the
record.
Paul McCloskey, Assistant City Attorney representing the Office of License, Inspections,
and Environmental Protection (LIEP) stated that Attucks-Brooks is a licensed private club.
The Director of the Office of LIEP has recommended 18 days suspension of the license.
Mr. McCloskey stated that during a meeting held in his office, he was informed by the
officers of the post that they would not contest the facts in the hearing and only wish to
argue points of mitigation at this time.
Mr. McCloskey addressed the allegations against the club which included, among other
things, sale of liquor and service to the general public and drug trafficking on the
premises. He indicated the club has had ample time to correct the problems.
(Thune Returned)
Councilmember Rettman asked Mr. Marx for advice as to what testimony could be given
by the license holder in terms of mitigation. Mr. Marx recommended that Council should
determine from the license holder whether they admit to the facts presented by Mr.
McCloskey. If they admit to the facts, he advised testimony could be accepted for the
purpose of determining what penalty Council would like to impose. Once findings of fact
are made, those findings should be the principle basis of the Council's decision.
Testimony received should be within the context of the facts in the record
(Guerin left the meeting)
January 24, 1996 City Council Summary Minutes Page 12
Testimony was received from the following individuals:
(Harris left the meeting)
Ernest Sinkfield, First Vice Commander of Attucks-Brooks. In response to a question of
Council President Thune, Mr. Sinkfield said he agreed with the facts and the basis for
violation as presented by Mr. McCloskey. Mr. Sinkfield stated from January 2 to January
15, 1996, Attucks-Brooks voluntarily closed the doors of the Legion. During that period,
the locks on the doors were changed because there were people who had keys to the
establishment who should not have. The Legion was re-opened on January 16, 1996, with
the condition that only those authorized to enter could do so. He asked Council to take the
voluntary closing into consideration when deliberating a suspension.
Pam Bloedoorn, 301 North Chatsworth Street, asked that Council impose an 18 day
suspension due to the numerous problems that have taken place at the Legion.
(Guerin and Harris returned)
Seath Bloedoorn, 301 North Chatsworth Street, acknowledged there was a large sign on
the building stating they were closed for business. However, the afternoon of January 9 he
observed several individuals opening the door and entering the establishment. Later during
testimony, Mr. Sinkfield responded that the Legion doors were open on the 9th of January
for a funeral meal for one of the members who died.
Marian Pearson, President of the American Legion Auxiliary, asked that the penalty be
reduced because of the voluntary closing and because the problems have been corrected.
Alice Bloedoorn, 301 North Chatsworth Street, asked that Council impose a severe
penalty.
Creahessee Hagler, 935 Iglehart, asked that the Legion be closed and the area cleaned up.
Councilmember Megard moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Blakey said he has been disturbed by the negative influence that has taken
place at this corner and the level to which Attucks-Brooks has sunk. He has asked the
Police Department and LIEP to work with the organization and is disappointed with the
outcome. There has been ample opportunity to correct the problems, Blakey said.
January 24, 1996 City Council Summary Minutes Page 13
Councilmember Blakey moved approval of the resolution imposing a penalty of 18 days
closure and the conditions submitted by the City Attorney.
Adopted Yeas - 7 Nays - 0
(Bostrom left the meeting)
47. Public hearing to consider the application of Multi-Clean (Pet Food Warehouse) to rezone
property from P-1 (parking) and I-1 (light industrial) to B-2 (community business) to allow
construction of a Pet Food Warehouse retail store at 2277 Ford Parkway. (Laid over from
January 17)
No one appeared in opposition; Councilmember Harris moved approval.
Motion of intent to grant the application Yeas - 6 Nays - 0 (Bostrom not present for
vote)
48. Public hearing to consider the appeal of Dayton's Bluff Center for Civic Life to a decision
of the Planning Commission granting a special condition use permit to allow outdoor sales
of used automobiles at 672 Arcade Street (northeast corner of Arcade and Margaret).
Kady Dadlez, Department of Planning and Economic Development, provided a staff
report. Frederick Partlow applied for a special condition use permit in the fall of 1995 to
allow outdoor sales of used automobiles on his property. Staff recommended denial. The
required conditions for the use were met but two of the general conditions were not met;
one relating to conformance of the comp plan and the other pertaining to required setbacks
in landscaping.
Ms. Dadlez reminded Council that in 1992 there was a similar application before the
Planning Commission which was denied. The applicant appealed to the City Council and
the Council affirmed the decision of the Planning Commission and denied the appeal.
After staff recommended denial of Mr. Partlow's application, the Zoning Committee held
a public hearing and denial of the permit was recommended on a vote of 4-2. It then went
before the Planning Commission where the first vote failed on a tie vote of 8-8. There is a
new state law requiring the city to act on zoning applications within 60 days. The
Planning Commission felt the permit would be approved if they took no action and a
motion was made for approval limiting the number of cars for sale to seven and providing
space for more parking. That motion passed on a vote of 10-6 and is now being appealed
by the Dayton's Bluff Center for Civic Life.
(Bostrom returned)
Public testimony was taken from the following individuals:
January 24, 1996 City Council Summary Minutes Page 14
Donovan Cummings, 770 East 6th Street, President of the Dayton's Bluff Center for Civic
Life, stated he was asked by the Margaret Block Club to appeal this decision based on past
history. There previously was a used car lot at 672 Arcade Street and there were many
problems. In 1992 another application for a used car lot was denied by both the Planning
Commission and the City Council. It is not a compatible use in this neighborhood,
Cummings stated.
Steve Asmus, 871 Margaret Street, Margaret Block Club member, also stated that the
previous car lot caused numerous problems in the neighborhood with test driving, parking,
work being done in the street, and car parts lying around. The owner has not been
cooperative in working with the neighbors, he said. Mr. Asmus said he would like to see
a business in this location but not a car lot.
Raymond Runnels, 823 Margaret Street, said there has been nothing but trouble with this
property, including garbage in his yard from the business. He acknowledge that someone
else will be leasing the property but the owner remains the same.
Steve Gehrke, 864 Margaret Street, board member of the Dayton's Bluff Center for Civic
Life, spoke against the car lot. He said they do not want to deny a business at this location
but they do not want it to be a business that will intrude on the neighborhood.
Harvey Asmus, 860 Margaret Street, talked about the problems that have taken place at
this address and said he would like to see any business there other than a car lot.
Elaine Asmus, 871 Margaret Street, asked that the permit be denied.
Bertha Asmus, 860 Margaret Street, expressed concern that there is no parking on Arcade
Street directly in front of this address so patrons of the car lot would be taking parking
from other businesses or in the residential area. She also noted that the owner has not kept
up the property and he does not communicate with the neighbors.
A resident of 833 East Margaret Street, said this is an issue of trust and respect and the
owner has gained neither. The property is not kept up and there are parking problems.
Frederick Partlow, 412 Winslow, leaser of the property, said he plans to re-paint the
building and plant trees. He has been cleaning up the area and a sign for the building has
been ordered. Mr. Partlow said there will only be seven cars on the lot which will leave
plenty of parking for customers. He indicated he has signed a one-year lease.
Public Testimony was closed Yeas - 7 Nays - 0
January 24, 1996 City Council Summary Minutes Page 15
Councilmember Guerin asked Council to look at the history of this issue noting that it was
before Council two years ago. The application was denied by the Planning Commission,
Zoning Committee, PED staff, the Community Council and finally the City Council. He
did not feel it was prudent to reapply when it was denied before. He noted that staff and
the Zoning Committee recommended denial and the Planning Commission recommended
approval by a small margin. Nothing has changed, he said, and the lot is incompatible for
this use. The history of the past owner is not good and he still owns the property.
Councilmember Guerin stated that a study was done in 1989 entitled "The Near East Side
Neighborhood Improvement Strategy". Staff from the Department of Planning and
Economic Development worked with the neighborhood on goals to improve the
neighborhood and to phase out some commercial uses that are incompatible with adjacent
residential uses such as used car lots. The Planning Commission erred as it's against the
Neighborhood Comprehensive Plan.
Councilmember Guerin moved to grant the appeal.
Motion of intent to grant the appeal Yeas - 7 Nays - 0
49. Public hearing to consider the application of Donald Willenbring for a preliminary plat for
a six-lot subdivision for single-family homes on property located at 587 McKnight Road
South.
Tom Beech, Office of License, Inspections and Environmental Protection (LIEP), provided
background information on this issue which was before the Council previously at which
time the developer was proposing an 11 lot subdivision and the application was denied.
The developer has since scaled it back to six lots. There would be four lots along
McKnight Road which would all meet the minimum lot size requirement and be consistent
with the size and width of existing lots on McKnight Road. The other two lots would be in
the western portion of the subdivision and would be much larger lots. Access to these
would be from Wiggins Road. The developer plans to construct a private driveway and
utilities in the undeveloped Wiggins right-of-way. There will be no grading or tree
removal as part of the subdivision. Rather, grading would be done on a lot-by-lot basis
after the lots have been sold and houses have been designed. All the lots would have to go
through site planners before building permits are issued because of the slopes. This will
give the city an opportunity to review grading and tree preservation plans.
Mr. Beech pointed out that special accommodations may be needed for lots 5 and 6 to meet
fire safety requirements for access when homes are built on these lots because they are so
far off an improved street. This could include providing a turnaround or a sprinkler
system in the buildings.
January 24, 1996 City Council Summary Minutes Page 16
District 1 is in support of the plat subject to the driveway off Wiggins being paved with
asphalt rather than being a dirt or gravel driveway.
Staff believes that the concerns raised before have now been addressed and recommends
approval of the preliminary plat. Staff further recommends that when the final plat comes
forward it should not be approved until the plans for the driveways have been approved by
Public Works. Further, approval of the final plat should be subject to the condition that
the developer record a declaration of conditions, covenants and restrictions with the
County Recorder for Lots 5 and 6. At the time the plat is recorded, it should state that
construction on these lots must comply with fire safety standards for emergency access.
(Blakey left the meeting)
Art Werthauser and Roy Bredahl, representing the Willenbring Companies, appeared
before the Council and spoke at length about the modifications that have been made to the
newly proposed site plan. Mr. Werthauser noted that they oppose "Recommendation B"
of the staff report.
Councilmember Guerin stated that he did not feel a turn-around is necessary if it was going
to mean removing trees
(Rettman left and returned during testimony)
Testimony was received from the following:
Steve Bartley, 601 Wiggins Road, stated that many of the streets serve only one property.
He would like to see asphalt driveways and curbing installed.
Paula Nemer, 620 Burlington Rod, stated she owns five acres in this area. She would like
to see a turnaround put in so there is adequate access for emergency vehicles and
especially fire vehicles.
Councilmember Guerin stated that there is not currently a turnaround and there would not
be a problem with access for fire vehicles.
(Blakey returned)
Councilmember Guerin moved to close the public hearing. Yeas- 7 Nays - 0
Councilmember Guerin moved approval of the application with the exclusion of staff
recommendation B.
Motion of intent adopted as amended Yeas - 7 Nays - 0
January 24, 1996 City Council Summary Minutes Page 17
Suspension Items
Councilmember Megard moved for suspension of the rules and approval of the following
resolution:
Resolution - 96-90 - Extending the zoning comment period by requesting a clarification to
Minnesota Statutes, Chapter 248, Article 18.
Adopted Yeas - 7 Nays - 0
Councilmember Bostrom moved for suspension of the rules to introduce the following
resolution:
Resolution - 96-91 - Extending moratorium on new pawn shops until study is completed.
Councilmember Rettman offered a friendly amendment to state that consideration of
amendments to the zoning code will be brought back to the City Council by June 30, 1996.
Councilmember Bostrom accepted this as friendly.
Adopted as amended Yeas - 7 Nays - 0
Councilmember Harris moved to adjourn the meeting.
1 O. '+ n AT •:15P. .
Da id Th I�'�•cil President
ATTEST:
Minutes approved by Council
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