Approved Minutes 2-14-1996 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, February 14, 1996 - 3:30 PM
PUBLIC HEARINGS AT 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 p.m. by Council President Thune.
Present - 7 - Councilmembers Blakey, Bostrom, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
Councilmember Harris requested Item #15 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended.
Roll Call Yeas- 7 Nays - 0
MISCELLANEOUS
Saint Paul Fire Chief Tim Fuller recognized Councilmember (and firefighter) Dino Guerin with a
letter of commendation for his efforts in assisting a woman who suffered a cardiac arrest in a
restaurant on August 16, 1995. Mayor Coleman also appeared and extended his gratitude to Dino
Guerin.
33. Recognition of Parks and Recreation Youth Volunteers.
The following youth were recognized for their volunteer work at community centers and
presented with awards and gifts by the Councilmember from their respective ward.
(Ward 3; Councilmember Harris)
Tony Cullen, Hillcrest Recreation Center.
(Ward 6; Councilmember Bostrom)
Dan Colburn, Phalen Recreation Center
(Ward 7; Councilmember Guerin)
Lamont Manthey and Matt Pederson, Margaret Recreation Center; Monique Coriffin, and
Candace Larsen, Highwood Hills Recreation Center
February 14, 1996 City Council Summary Minutes Page 2
The City Council meeting was recessed and the Housing and Redevelopment Authority meeting
was called to order for consideration of the consent agenda. The HRA meeting was then recessed
and the City Council meeting resumed.
FOR ACTION
1. Approval of minutes of October 11, 1995, and January 31, 1996.
Adopted Yeas - 7 Nays - 0
2. Notice and Petition in the matter of the Port Authority of the City of Saint Paul vs. the
City of Saint Paul, et. al., for condemnation of certain real property in the City of Saint
Paul
3. Letter from the Division of Real Estate announcing a public hearing before the City
Council on March 6, 1996, to consider the vacation of a portion of Adrian Street abutting
Blocks 42 and 43, West End Addition and Block 1, Park Addition.
4. Administrative Orders:
D00833 Addition of$37,306.27 to the contract for Street Lighting on Como/Arona
CSSP.
D00834 Addition of$597.43 to the contract for constructing a Traffic Signal System
on Hamline Avenue at Midway Market Place.
D00835 Approving expenditure, not to exceed $7,000, for the Parks and Recreation
Volunteer Appreciation Dinner on April 30, 1996.
D00836 Authorizing payment of $550 to School District #625 and Kane's Catering
Service for expenses for the Saint Paul Police Academy graduation on
February 14, 1996.
D00837 Authorizing payment, not to exceed $3,600, to vendors providing lunches to
participants at the Multi Housing Crime Program training sessions for the
Saint Paul Police Department FORCE Unit.
Noted as on file in the City Clerk's Office
5. Resolution - 96-112 - Approving the reappointment of David Lanegran, by Mayor
Coleman, to the Capitol Area Architectural and Planning Board. (Laid over from
February 7)
Adopted Yeas - 7 Nays - 0
6. Resolution - 96-113 - Approving the appointments of Charles Skrief and Barbara Larson
and the reappointments of Robert Frame, III and Rick Hauser, by Mayor Coleman, to the
Heritage Preservation Commission. (Laid over from February 7)
Adopted Yeas - 7 Nays - 0
February 14, 1996 City Council Summary Minutes Page 3
7. Resolution - 96-114 - Approving the reappointments of Elna Avey, Rachael Campbell,
Tim Gusk and Susan Smith-Cunnien, by Mayor Coleman, to the Hubert H. Humphrey Job
Corps Center Neighborhood Advisory Committee. (Laid over from February 7)
Adopted Yeas - 7 Nays - 0
8. Resolution - 96-115 - Approving the appointments of Dianne Siegal, Patrick Xaphakdy and
Jeff Dufresne, by Mayor Coleman, to the New Americans Advisory Committee. (Laid
over from February 7)
Adopted Yeas - 7 Nays - 0
9. Resolution - 96-143 - Authorizing the STAR Board to begin review of Cultural STAR,
second cycle, pre-applications, and authorizing submission of final Cultural STAR
applications by eligible pre-applicants.
Adopted Yeas - 7 Nays - 0
10. Resolution - 96-144 - Authorizing the Mayor to execute a Joint Powers Agreement with the
Saint Paul Public Schools to allow the City and the Schools to jointly purchase supplies,
equipment, materials and services.
Adopted Yeas - 7 Nays - 0
11. Resolution - 96-145 - Accepting the offer of the American Jewish Congress and the United
Jewish Fund and Council to fund a trip for Mayor Coleman to Jerusalem for the Jerusalem
Conference of Mayors.
Adopted Yeas - 7 Nays - 0
12. Resolution - 96-146 - Approving the acceptance of a Deed of Dedication of Easement for
Right of Way purposes from the HRA to the City to increase the area of the transit hub and
sidewalk at 5th and Minnesota Streets.
Adopted Yeas - 7 Nays - 0
13. Resolution - 96-147 - Finalizing City Council action taken January 31, 1996, approving the
preliminary and final plat for Crosby Lake Business Park by the Saint Paul Port Authority
allowing the property to be subdivided into two sites for new industrial development.
Adopted Yeas - 7 Nays - 0
14. Resolution - 96-148 - Naming two new streets in Crosby Lake Business Park as Montreal
Avenue and Montreal Way.
Adopted Yeas - 7 Nays - 0
15. (Discussed later in the meeting)
February 14, 1996 City Council Summary Minutes Page 4
16. Preliminary Order 96-150 - In the matter of construction of the Edgerton Street Bridge
between Reaney Avenue and Whitall Street, and setting date of public hearing for April 3,
1996. (File #18818
Adopted Yeas - 7 Nays - 0
15. Resolution - 96-149 - Accepting conveyance of easement rights by Ramsey County to
reconstruct the Wabasha Street Bridge and authorizing and directing the proper officials to
pay Ramsey County $26,000.
Councilmember Harris moved for a two week later. The resolution was reconsidered later
in the meeting and Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
17. Resolution - 95-1519 - Ordering the owner to remove or repair the building at 899 Johnson
Parkway within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval) (Laid over from January 17)
The resolution was withdrawn by the author, Dino Guerin .
18. Resolution - 96-111 - Approving the appointment of Luci Botzek, by Mayor Coleman, to
the Business Review Council. (Laid over from February 7)
The resolution was withdrawn by the author, Dino Guerin.
(Guerin left the meeting)
19. Final Order - 96-141 - In the matter of improving and widening Dale Street North,
University to Minnehaha and St. Anthony to Central. (Laid over from February 7)
Councilmember Blakey stated that people in the Frogtown neighborhood have indicated
they would like to have lantern style street lighting installed and it is a top priority with
them. Some of the adjoining land may have to be sold back to property owners in order to
cover part of the costs of amenities.
Paul St. Martin, Department of Public Works, distributed a spreadsheet showing that
currently the bentstraw lighting is funded for Dale Street in the amount of $72,000. The
additional cost to install a twin lantern light is $39,000. The assessment for bentstraw light
is $2.56/foot. The property owners would have to be re-notified if there is going to be a
higher assessment rate which would be $4.08/foot. If the additional $39,000 was assessed
equally to all properties, the amount would be $13.82/foot. Commercial properties in
above standard lighting districts are assessed five times more than residential properties.
February 14, 1996 City Council Summary Minutes Page 5
On Dale Street commercial properties would be assessed $19.15/foot and residential
properties $3.92/foot. Public Works is looking at other funding sources to pay some of the
$39,000. In an above standard lighting system, operation costs are also assessed. It is
estimated that residential properties on Dale Street would pay $.56/foot per year and
commercial properties $2.80/foot per year.
Mr. St. Martin said Public Works was seeking Council direction whether to assess the
project according to City policy or to try and find other funding to subsidize some of the
costs.
(Guerin returned)
Councilmember Harris questioned whether Public Works has explored using MSA dollars
for lighting and not widening the street. Mr. St. Martin responded that MSA standards
require a four-lane road and, further, the County will not provide funding unless the road
is four lanes. The only possibilities for narrowing the street would be to eliminate parking
lanes but the neighborhood has requested there be parking on the west side of the street.
The other possibility for narrowing the street would be to eliminate the center turn lane;
however, the center turn lane would be for safety purposes.
Councilmember Harris noted that consensus appears to be for the lantern lights but
financing may still be an issue. He questioned what the options are for financing.
Stacy Becker, Director, Department of Public Works, explained the reason this is above
standard is because it is a wider road. Typically, the above standard costs are assessed but
there generally is a commercial area also that can afford to bear the higher assessment
costs. In buying some of the right-of-way, a lot of properties have been vacated that
would typically be assessed for some of the costs. About one-half of the properties are
residential. She said Public Works is working with NSP on possible cost sharing as a way
of helping to defray some of the costs.
Ms. Becker further stated the property owners would have to be re-notified of a proposed
assessment rate. Public Works would need direction from Council if it is decided to go
above the bent straw assessment rate. Public Works would continue to work with the
neighborhood, NSP and others to see if a package could be put together that would be the
most beneficial for the City.
Councilmember Blakey said he would like to see the Council give direction to go forward
with the design for the lantern style lighting. The project should be done right and done
well, he stated, in order to re-invigorate the area. The community is also looking at sub-
mitting a STAR proposal for facade treatment on the buildings. By doing some of these
things, the City can be a partner in helping to turn this area around.
February 14, 1996 City Council Summary Minutes Page 6
Councilmember Rettman noted that three of the four corners at Dale and University are off
the tax rolls and only $49,000 is paid in taxes on the remaining corner. She presented an
option indicating that because the two parcels at the northwest and southwest corners are
owned by the HRA, they would be prepared for marketing in the summer of 1996. The
monies derived from those properties could pay for the above-standard street lighting.
Further, any of the parcels that Public Works has acquired in excess of 40 feet and not
needed for the right-of-way or for the Dale Street widening, would be marketed. The
money would be put into a fund to pay for the above maintenance until the year 2000. At
that time, there would be an above-standard street lighting district established. This would
provide a capital outlay and give the option to notify property owners of the assessment. It
also allows the HRA to get property back on the tax rolls as well as provide dollars for the
lighting. Rettman said she is comfortable with the assessment but this is an option to get
the non-tax paying properties back on the tax rolls.
Councilmember Guerin questioned if staff could be directed to go forth with the design for
lantern lighting and the final order be laid over to ratify the assessment at a later date
John McCormick, Assistant City Attorney, stated if there is going to be an assessment in
excess of what was on the final order, property owners would have to be re-notified.
Public Works could do this with a new final order including the double lantern. Using
Councilmember Rettman's plan there would not be an assessment for the initial cost.
People could be notified of that and told that in the year 2000 an assessment district will be
set up. Another option would be to remove the street lighting at this time from the Final
Order, proceed with the Final Order on the street work, and come back later with the
lighting proposal.
(Bostrom left the meeting)
Stacy Becker questioned what assessment level the property owners should be notified.
Mr. McCormick responded that a determination would have to be made between now and
when the notices are prepared as to how it's going to be financed.
Peter White, Real Estate Division, also said one of the possibilities would be for Council
to approve the project without the lighting at this point and provide direction as to
financing for the lighting. A separate order could then be prepared for the lighting and
people could be notified of the possible maximum amount of the lighting assessment and
the operating assessment. If there is a lesser assessment, there would not be a need to re-
notify. Real Estate would need direction from Council as to what to put on the notice to
people. Before any design or project construction happens, and in order to make the
assessment valid, people have to be notified that this is the assessment for the work that is
being proposed.
(Bostrom returned)
February 14, 1996 City Council Summary Minutes Page 7
Councilmember Megard suggested that additional discussions may be required in the
neighborhood. She questioned whether the HRA parcels pay an assessment. She further
questioned if the two parcels identified by Rettman do not pay assessments and whether it
will mean higher assessments for the other property owners.
Peter White responded that the HRA parcels do pay assessments and he thought the parcel
north of University Avenue is included in the project. No work is being done in the block
which includes the parcel south of University so there would be no assessment against that
parcel.
Megard continued saying that neighbors have expressed a desire to have as many amenities
as possible and she questioned if they are expressing the same desire to pay for them or if
there are some other options.
Councilmember Blakey said he was not comfortable tieing the HRA lots to the lighting at
this time. He suggested that a notice be sent indicating what the maximum assessment
would be and passing the final order with the lantern lighting.
Mr. McCormick advised that Council could not pass an amended order with lantern
lighting because notice has not been given.
Peter White said there are two assessment options: assess everyone the same flat rate
which is approximately $13.00/ft.; or have one rate for commercial properties ($19.58/ft.)
and another rate for residential properties ($3.92).
Councilmember Blakey said he would like to have further discussion with the community
and moved for a two week layover.
Laid over to February 28 Yeas - 7 Nays - 0
ORDINANCES
(Blakey left the meeting)
20. 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.
(Substitute introduced February 7)
Councilmember Rettman moved to introduce a substitute ordinance.
Roll Call Yeas - 6 Nays - 0
Substitute laid over to February 21 for final adoption
Yeas - 6 Nays - 0 (Blakey not present for vote)
February 14, 1996 City Council Summary Minutes Page 8
21. Final Adoption - 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.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
22. First Reading - 96-151 - Establishing the position entitled Administrative Assistant as
specified by Chapter 12 of the Charter of the City of Saint Paul, Section 12.03.2(H)
thereof.
Laid over to February 21 for second reading
23. First Reading - 96-152 - Establishing the position entitled Special Events Coordinator as
specified by Chapter 12 of the Charter of the City of Saint Paul, Section 12.03.2(H)
thereof.
Laid over to February 21 for second reading
The meeting was recessed at 4:40 and resumed at 5:05 p.m.
Present - 7 - Councilmembers Blakey, Bostrom, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
PUBLIC HEARINGS
24. Resolution - 96-153 - Approving application for an On Sale Malt (3.2) and Restaurant-B
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
25. Resolution - 96-154 - Approving the decision of the Legislative Hearing Officer on
Property Code Enforcement Appeals for property located at 395 Charles Avenue, 104
Mississippi River Boulevard North, and 1140 Marion Street.
Gerry Strathman, Legislative Hearing Officer, reported he recommended a variance for
395 Charles Avenue contingent upon the refuse being cleaned up from the property by this
date. A Public Health inspector recently checked on the property and was denied entrance.
Therefore, Mr. Strathman recommended Council deny the variance.
No one appeared in opposition; Councilmember Harris moved approval as amended.
Adopted Yeas - 7 Nays - 0
February 14, 1996 City Council Summary Minutes Page 9
26. Resolution - 96-155 - Ordering the owner to remove or repair the building at 613 Blair
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 - 7 Nays - 0
27. Resolution - 96-156 - Ordering the owner to remove or repair the building at 1371 Van
Buren Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval) •
Gerry Strathman reported the property owner did not appear at the Legislative Hearing;
however, several neighbors appeared and provided testimony that this property has been a
serious nuisance and danger to the neighborhood for a number of years. They requested
the building be removed. The building has been vacant since September, 1994. City staff
reported there have been numerous attempts by the City to work with the property owner
to take action.
Mr. Strathman was advised on this date that the property owner recently posted bond and
obtained permits to rehabilitate the building.
John McCormick, Assistant City Attorney, recommended a two week layover to allow
time for further investigation into this matter.
Councilmember Megard moved to lay over two weeks.
Laid over to February 28 Yeas - 7 Nays - 0
(Megard left and returned during the following discussion)
28. Resolution - 96-157 - Ordering the owner to remove or repair the building at 441 View
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Gerry Strathman reported no one appeared at the Legislative Hearing and no testimony
was provided with regard to the property. Based on no evidence being presented, he
recommended proceeding with the order. In the interim, the property owner posted bond
and obtained permits.
Mike Rice, property owner, stated that he signed a purchase agreement with HUD in
November, 1995. It was extended two months and possession was taken on January 18,
1996. At that time a general permit was obtained and he is in the process of rehabilitating
the property.
February 14, 1996 City Council Summary Minutes Page 10
Attorney McCormick suggested that Mr. Strathman present facts and discuss the matter
with Phil Miller of the City Attorney's Office. Mr. Miller can then advise staff of the
position of the City Attorney's Office with respect to any permits that have been issued.
Councilmember Harris moved to lay over two weeks.
Laid over to February 28 Yeas - 7 Nays - 0
29. Appeal of Dick Nowlin to a Summary Abatement Order for property at 762 Capitol
Heights. (Legislative Hearing Officer recommends granting the appeal to April 30, 1996,
on the condition that all open storage be removed from the garage by February 20, 1996,
and that the integrity of the structure is maintained.)
Councilmember Rettman suggested a layover in order to determine if the property owner
meets the deadline date for the property cleanup.
No one appeared in opposition; Councilmember Blakey moved for a two week layover.
Laid over to February 28 Yeas - 7 Nays - 0
30. Resolution - 96-158 - Amending the Grand Avenue Special District Sign Plan.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
31. Resolution - 96-159 - Amending the Highland Village Special District Sign Plan.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
32. Public hearing to consider the appeal of the West 7th - Fort Road Federation to a decision
of the Planning Commission granting a special condition use permit to allow a fast food
restaurant with drive-thru window at Grand Avenue and Douglas Street (southeast corner
of Grand and I-35E).
Kady Dadlez, Department of Planning and Economic Development, gave a staff report. In
January, 1995, the City Council considered a petition by Burger King to rezone property
from residential to commercial to enlarge the development site which is proposed to be
built on Grand Avenue and I35E. At that time, Council denied the rezoning. The
applicant then revised his proposal for the restaurant so it would all be located on land
already zoned commercial and applied for a special condition use permit. The impact of
the revision of the proposal is that the development parcel is much longer and narrower
than it would have been if the property had been rezoned. With the current special
condition use permit, staff recommended approval finding that all the required and general
conditions for the special condition use permit were met.
February 14, 1996 City Council Summary Minutes Page 11
Both the Zoning Committee and the Planning Commission voted to approve the permit. It
was determined that the use was in compliance with the Comprehensive Plan. The staff
report and the Planning Commission's resolution cited excerpts from both the Economic
Development Strategy and the District 9 Plan.
The West 7th-Fort Road Federation appealed the decision of the Planning Commission on
the grounds that the use is not in conformance with the Comprehensive Plan. They
contended that the District 9 Plan clearly identifies the preferable land use for the site as
housing. The proposed land use map in the District 9 Plan identifies this site as residential
with some commercial interspersed which is what is currently being proposed. The
majority of the land south of Grand Avenue is housing with some commercial. At the time
the District 9 plan was adopted, it did not recommend rezoning the property from
commercial to residential, Dadlez stated.
The appeal also includes the District 9 Vacant Land Survey which does not appear to be
part of the Comprehensive Plan but an internal working document to provide guidance for
housing development. The housing survey was done in 1982 and at that time the property
was vacant and has been vacant ever since.
Public testimony was taken from the following individuals:
Erik Hare, St. Paul West End resident, stated the vacant land survey adopted January 29,
1982, specifically mentions this particular parcel. It calls for a mixed use of residential
and commercial, a development which should be compatible in design and act as a buffer
between the residential neighborhood and commercial properties to the east. What they
were attempting to address in the adoption of the Comprehensive Plan and the document
which is part of the vacant land survey was restoration of the existing urban fabric. A
buffer is needed between the housing on Douglas Street and Grand Avenue because of the
exit from I35E to Grand Avenue. Since the 14 years that the plan was adopted, progress
has been made with the removal of some commercial businesses and expansion by United
Hospitals. Mr. Hare said the West 7th-Fort Road Federation found the Planning
Commission erred in recommending the special condition use permit in that this particular
design is not mixed use, does not provide an adequate buffer and is not compatible with the
urban texture. It is also not compatible with the orderly development clause in that the
existing pattern of development which is presently occurring is something away from
automotive design and more in keeping with re-urbanization of this area and bringing back
what was lost over the years.
Laurel Severson, President, West 7th-Fort Road Federation, said they do not want to see
an automobile oriented business at this location as it would not be in character with this
portion of West 7th Street. They want to preserve the historic area and there is concern
that the architecture of the Burger King building does not fit in. The developer has
presented changes which have basically been cosmetic, Severson said.
February 14, 1996 City Council Summary Minutes Page 12
Richard Miller, 26 West 10th Street, stated if the development is going to go forward there
need to be amendments to the Comprehensive Plan in order for the business to be in
compliance. He questioned if a fast food restaurant is worthy of entering into the process.
He suggested the possibility of the restaurant going into the first level of United Hospitals.
(Harris left the meeting)
Agnes Schoonover, 16 Douglas Street, expressed concern about the location of Burger
King saying her property abuts the proposed restaurant property and there will not be
adequate space between the two properties. Also, there is a bus stop directly in front of
the restaurant property which will affect traffic by obscuring vehicles going in and out.
Chris Collin, 47 Douglas Street, said his property is within 350 feet of the proposed
Burger King. The idea was that there would be something on this land providing a buffer;
the buffer is gone and it's down to a matter of feet between the houses. This business will
generate a lot of cars and pollution and will spoil the unique quality of the neighborhood,
he said. It's a fragile neighborhood and the residents have to work hard to keep it a
neighborhood of quality. He said he would like to see the alley blocked off to prevent
people from using it to get to access the restaurant. He expressed concern about lighting,
litter, smells, the drive-thru, the hours of the drive-thru and the noise. Mr. Collins
expressed hope that if Burger King is built, the issue of the alley and the noise can be dealt
with.
(Harris returned)
Jim Dahlgren of Dahlgren Associates, architect for the project, said the site has been
reconfigured to keep the historic house in the area. They met with the community for their
input and have done reconfiguration to move the building away from the residential
neighborhood in an attempt to provide a more urban character to the site development and
create more of pedestrian orientation. They have increased outdoor patio dining, and a
more extensive landscape buffer and fencing. The building size has been reduced by
approximately 25%. The architectural charter of the building has been designed to be
more compatible with the urban character of the neighborhood. The signage was lowered
and is substantially less than what is allowed by ordinance. A positive report was received
from various City departments indicating that all the issues have been addressed. The
conclusion of the Zoning Committee staff report was that the proposed use is in
compliance with the comprehensive plan and approval was recommended. The Planning
Commission voted 14-1 in favor of the project.
Councilmember Rettman questioned Mr. Dahlgren if they would be willing to put in a
phone system for the drive-thru as opposed to the standard system. Mr. Dahlgren
responded that the issue of sound is discussed in the engineer's report which indicates the
February 14, 1996 City Council Summary Minutes Page 13
sound will be controllable and will not be a problem. He said he could not provide an
answer to use of a phone system as that would have to be determined by the owner.
Dr. Stan Leonard, Pediatric and Young Adult Medicine, 233 North Smith Avenue, stated
that at one time the clinic considered developing the land for an office but they found it
was not large enough. They have worked extensively with Burger King, Burger King has
worked hard on this development and has been very sensitive to the community, he stated.
Lance Bolter, owner of property at 14 Douglas Street, spoke in opposition to the appeal
saying the property has been vacant for many years and this is the first time there has been
a viable offer to develop the land. He does not feel the land is suitable for housing.
Richard Miller said the arguments made at the last appeal are the same ones made at this
meeting; that it is not in compliance with the Comprehensive Plan. He felt if given
another year, there may likely be other more compatible developments proposed for this
site.
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0.
Since the last hearing, Council President Thune pointed out that Burger King has met with
the neighborhood and has made significant changes to their proposal. A zoning change is
not being considered at this time but rather a special condition use permit. He suggested
approving the permit with three conditions: 1) Burger King owners initiate the process of
closing the alley; 2) Burger King work with staff from Environmental Health and do a
sample monitoring of air quality adjacent to the drive-thru; and 3) the external speakers
either be inaudible to adjacent properties or a different system be used such as a phone
system.
Councilmember Guerin noted that Burger King has gone to great lengths to work with the
community. There is no error to be found in the Planning Commission's recommendation
and, therefore, no legal basis to grant the appeal. There could still be more suggestions
for the site plan if the community desires, and staff could continue to work with Burger
King and the community.
John McCormick, Assistant City Attorney, advised the City Council that they must look at
the findings of staff and determine if there is any error either in the findings of fact or the
conclusions reached. The Council can add conditions under the Legislative Code. The
basis for adding conditions is that there must be a determination that it is necessary to
fulfill the spirit and purpose of the Zoning Code, and to protect adjacent properties.
February 14, 1996 City Council Summary Minutes Page 14
Councilmember Harris moved to deny the appeal and add three conditions to the special
condition use permit.
Appeal denied (Conditions added to special condition use permit)
Yeas - 7 Nays - 0
Councilmember Harris moved to adjourn the meeting.
Roll Call Yeas- 7 Nays - 0
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ATTEST:
Minutes approved by Council
Nancy Anders ��1.t c \c\c\ c
Assistant Council Secretary
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