Approved Minutes 12-19-2001Page 1 of 16
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, December 19th, 2001 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
• Recalled Items
• Public Hearings
The meeting was called to order at 3:40 p.m. by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry
Absent - 1 - Reiter (arrived after roll call)
CONSENT AGENDA (Items I - 21)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION.
THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY
A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Council President Bostrom stated a request was received to withdraw Item 19 .
Councilmember Lantry moved approval of the Consent Agenda as amended.
Adopted Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Catholic Mutual Group (for Jean Robinson), Richard Dodson, Mathew Duke, Matthew
Poppleton, and Oleksandr Volnushkin.
Referred to the Risk Management Division
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2. Summons and Complaint in the matter of Myrtle Dynes and George Dynes v. the City of St. Paul and
History Theatre, Inc., dba Great American History Theatre.
Referred to the City Attorney's Office
3. Findings of Fact, Conclusions of Law, and Order in the Matter of William Paul Dahn.
Referred to the City Attorney's Office
4. Communication from Moore, Costello & Hart, P.L.L.P. concerning the matter of Manoucher
Rostamkhani v. the City of St. Paul. (790 Selby Avenue)
Referred to the City Attorney's Office
5. Letter from the Real Estate Office announcing a public hearing before the City Council on January 2,
2002, to consider the petition of the Housing and Redevelopment Authority, on behalf of the St. Paul
Family Project, Limited Partnership, to vacate that part of Wanda Street lying south of a line from the
northeast corner of Lot 1, Block 18, to the northwest corner of Lot 24, Block 19, all in Gurney Highland
Park and north of the right -of -way of the St. Paul Water Works.
6. Letter from the Real Estate Office announcing a public hearing before the City Council on January
23, 2002, to consider the petition of Minnesota Public Radio (MPR) to vacate the City's interest in Ninth
Street between Cedar Avenue and approximately 109 feet easterly of Cedar as part of MPR's
redevelopment of their facilities.
7. Administrative Orders:
D002086 Authorizing the Police Department to remit payment for decorations purchased for the Eastern
District Team House for the holiday season.
D002087 Authorizing payment not to exceed $1,200.00 to Holiday Inn Saint Paul East, 2201 Burns
Avenue, to cover expenses for the Police Department Training Unit's fourth quarter Management
Training meeting.
D002088 Amending the 2001 Budget in the Real Estate Division by transferring money to cover salary
and fringe benefit shortages.
D002089 Amending the 2001 Budget in the Real Estate Division by transferring money to cover salary
and fringe benefit shortages and professional fees.
D002090 Authorizing the Division of Parks and Recreation to execute all lease agreements that mature
in 2002 and are one year or less in duration.
D002091 Authorizing the Division of Parks and Recreation to execute all lease agreements that mature
in 2001 and are one year or less in duration.
D002092 Amending the budget in the Department of Planning and Economic Development to cover
temporary employee expenses.
Noted as on file in the City Clerk's Office
FOR ACTION
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8. Approval of minutes of November 14, 2001, and Closed Door Session of December 12, 2001.
Adopted Yeas - 7 Nays - 0
9. Resolution - 01 -1270 - Approving the Memorandums of Agreement between the City of Saint Paul
and the International Brotherhood of Electrical Workers Local 4110, the Lakes and Plains Regional
Council of Carpenters and Joiners, the International Union of Painters and Allied Trades District
Council 82, and the International Association of Machinists and Aerospace Workers, AFL -CIO for the
purpose of providing a uniform allowance to certain employees in their respective bargaining units that
work at the Saint Paul Regional Water Services. (Laid over from December 12 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 01 -1271 - Approving the January 1, 2001, through December 31, 2002, Collective
Bargaining Agreement between the City of Saint Paul and the Saint Paul Supervisors Organization.
(Laid over from December 12 for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 01 -1299 - Approving changes to the 2001 budget by using interest earnings to pay the
debt on the capital improvement bonds.
Adopted Yeas - 7 Nays - 0
12. Resolution - 01 -1300 - Approving additions to the financing and spending plans in the 2001 budget
for the Division of Parks and Recreation - Environmental Permits and Planning in the amount of
$60,000 for the removal of trees and other growth from holding ponds throughout the City.
Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -1301 - Establishing a spending and financing plan for a Local Law Enforcement
Block Grant for the period October 11, 2001, through October 10, 2003.
Adopted Yeas - 7 Nays - 0
14. Resolution - 01 -1302 - Establishing a 2001 financing and spending plan for Police Department
services provided at the Thomas /Dale Weed and Seed site.
Adopted Yeas - 7 Nays - 0
15. Resolution - 01 -1303 - Approving an agreement for joint Department of Public Works and Saint
Paul Regional Water Services development of an RFP for Computerized Maintenance Management
Systems (CMMS).
Adopted Yeas - 7 Nays - 0
16. Resolution - 01 -1304 - Rescinding certain conditions approved by the City Council in Council File
No. 86 -738 vacating part of Cedar Street lying south of Como Avenue and north of Charles Avenue so
the street will again become public right -of -way.
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -1305 - Adjusting the General Fund Financing and Spending Plans in the Department
of Fire and Safety Services due to increased operating expenditures.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -1306 - Concerning adverse action against the Cigarette /Tobacco license held by
Savoy Inn, Inc., dba Savoy Inn, 421 East 7th Street.
Adopted Yeas - 7 Nays - 0
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19. Resolution - 01 -1307 - Concerning adverse action against the Cigarette /Tobacco license held by
Gilberto Alanis, dba El Amanecer Market, 806 7th Street East.
Withdrawn Yeas - 7 Nays - 0
20. Preliminary Order - 01 -1308 - In the matter of improving St. Clair Avenue /Cliff Street from West
7th Street to Smith Avenue with bituminous roadway, concrete curb and gutter, driveway aprons and
outwalks, boulevard sodding, tree planting, and construction of a lantern style lighting system for the St.
Clair Avenue /Cliff Street Paving and Lighting Project, and setting date of hearing for January 23, 2002.
(File No. 18958)
Adopted Yeas - 7 Nays - 0
21. Preliminary Order - 01 -1309 - In the matter of construction of water, sanitary sewer, storm sewer
service connections, and sidewalk reconstruction, if requested by the property owner, in conjunction
with the St. Clair Avenue /Cliff Street Paving and Lighting Project, and setting date of hearing for
January 23, 2002. (File No. 18958C)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
22. Resolution - 01 -1310 - Adopting the 2002 Saint Paul Tax Levy payable in 2002.
Peter Hames, Director of the Department of Financial Services, noted that this resolution certifies the
levy for operations for 2002. The Council is being asked to approve a $62.3 million levy which is
exactly the same as in 2001 and represents no increase in property taxes for the eighth straight year.
A substitute resolution was presented reflecting a $50,000 change requested by Councilmember Harris
on the debt levy which reflects a reduction in the City's borrowing cost.
Councilmember Blakey moved approval of the substitute.
Substitute adopted Yeas - 6 Nays - 1 (Coleman)
23. Resolution - 01 -1311 - Adopting the 2002 Saint Paul Annual Budgets.
Peter Hames, Director of the Department of Financial Services, distributed changes to the budget that
were made by the City Council and which would support the Council's passage of this resolution. They
are changes that the Mayor will support, he said.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
24. Resolution - 01 -1312 - Approving the Saint Paul Port Authority Property Tax Levy payable in 2002.
Peter Hames, Director of the Department of Financial Services, stated that the City, on behalf of the Port
Authority, certifies a levy which goes against the property tax which is in support of Port Authority
operations.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
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25. Resolution - 01 -1313 - Approving the Saint Paul Housing and Redevelopment Authority (HRA)
Property Tax Levy payable in 2002 and approving the HRA 2002 Budget.
Peter Hames, Director of the Department of Financial Services, stated this is one of the budgets that the
Mayor, in his transmittal letter to the Council last August, expressed concern because the property tax
system in the State of Minnesota has been modified. One of the results of that is fewer dollars available
to the City in downtown.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 1 (Coleman)
Councilmember Blakey moved to recess the City Council meeting, reconvene as the Housing and
Redevelopment Authority (HRA), and approval of the associated HRA item, on the December 12
agenda, to 425 above. Yeas - 6 Nays - 1 (Coleman)
Councilmember Blakey moved to adjourn the HRA meeting and reconvene the City Council meeting.
Yeas - 7 Nays - 0
26. Resolution - 01 -1314 - Approving the 2002 Saint Paul Regional Water Services Budget.
Peter Hames, Director of the Department of Financial Services, stated this resolution wasforward to the
City Council by the Saint Paul Regional Water Services Board. There is a slight increase in the rates
which amounts to about one cent per day for a family of four. The extra revenues will be used to support
improvements to the Regional Water Services infrastructure as well as a contribution to the new water
treatment plant.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
27. Resolution - 01 -1315 - Approving the 2002 RiverCentre Authority Budget.
Peter Hames, Director of the Department of Financial Services, reported that an agreement was reached
on how the City can work with RiverCentre Authority in order to mitigate some of the increased debt
load that the Authority has incurred while at the same time getting closer to them in terms of creating a
set of expectations on how that facility will be run and its obligation to repay a loan that the City has
advanced to them over time. This budget reflects the RiverCentre Authority's commitment to $125,000
payment in the year 2002 as well as a letter distributed earlier reflecting how the City will work with the
RiverCentre Authority in developing a long -range plan and some consistent periodic financial reporting.
Councilmember Blakey said he had a concern with a letter received from Richard Zehring dated
December 17, 2001, in which he indicated that it will take the RiverCentre at least 45 to 60 days to
supply the information that was requested for the Council in a letter from Gerry Strathman, Director of
Council Research. Mr. Blakey said he felt they needed the information in a timely manner.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
Council President Bostrom extended his thanks and appreciation to Peter Hames, representing the
Administration and the City of St. Paul, and working with Greg Blees, City Council Fiscal Policy
Director, for his work in developing and compiling the 2002 budget. Mr. Hames responded with
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appreciation and indicated he will pass on Mr. Bostrom's remarks to the many people who worked on
the budget process.
28. Resolution - 01 -1294 - Approving the appointment of Patrick Ruble, by Mayor Coleman, to the
Police Civilian Review Committee. (Laid over from December 12)
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
29. Report from the Administration on City of Saint Paul /Ramsey County City Hall /Court House
Security. (Laid over from December 5)
Susan Kimberly, Deputy Mayor, appeared. She said the Ramsey County Board of Commissioners is
having extensive discussions about the level of security. The Administration's position has not changed
and she felt the Council and the Mayor's Office are in agreement on what should be done. She suggested
a layover until a report is received from the County.
Councilmember Blakey said he would like to see that the Council gets regular updates on what is
happening with this issue. Susan Kimberly responded that she will try to get the appropriate people to
give an update to the Council.
Councilmember Lantry moved to lay over to January 9.
Laid over to January 9 Yeas - 7 Nays - 0
30. Resolution - 01 -1316 - Approving the Joint Powers Agreement with Metro Transit and Metropolitan
Council concerning the Riverview Corridor Project.
Councilmember Harris said a request was received from the Department of Planning and Economic
Development to lay over this resolution one week.
Councilmember Harris moved to lay over one week.
Laid over to December 26 Yeas - 7 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER.
31. Second Reading - 01 -1290 - An ordinance memorializing City Council action granting the
application of John and Helen Regenold (representative - David Engfer) to rezone property from B -3
(single family residential to Rm -2 (multi - family residential) to allow construction of a 26 -unit senior
cooperative at the southeast corner of Idaho and Arundel Streets. (Public hearing held November 7)
Laid over to December 26 for third reading
32. Second Reading - 01 -1291 - An ordinance memorializing City Council action granting the
application of Mike Leitner to rezone property from RM -2 (Multiple Family) to B -3 (General Business)
to allow expansion of Leitner's Garden Center parking lot at 959 Randolph Avenue (between Milton
and Chatsworth Streets). (Public hearing held November 14)
Laid over to December 26 for third reading
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Discussion resumed on the issue raised earlier by Councilmember Blakey pertaining to the RiverCentre
reporting back to the City. (see page 6) Council President Bostrom pointed out that on page 3 of Gerry
Strathman's letter to Richard Zehring, eight items were listed requesting information and a lot of work
will be involved in responding to those requests.
Councilmember Lantry responded that only a couple of the items may require more time to complete
and she felt two months was more time than was necessary. She suggested RiverCentre be requested to
provide the information as soon as possible as the work requested by the Council of Mr. Strathman
cannot begin until this background information is received.
Council President Bostrom noted that similar questions were asked of the Convention and Visitor's
Bureau and the idea is to bring them all together so Council Research can put them together and sort
through what the mission is of each organization. He suggested that RiverCentre be instructed to have
the information to Mr. Strathman by February 7, 2002.
Susbension Items:
Councilmember Blakey moved suspension of the rules and approval of the following resolution:
Resolution - 01 -1322 - Accepting the generous contribution to City Councilmembers of up to four
tickets for each of Mayor -Elect Randy Kelly's inaugural events planned from January 2 through 6, 2002.
Adopted Yeas - 7 Nays - 0
Recalled Item
Councilmember Lantry moved to recall and withdraw the following resolution as Mr. Schmidt passed
the required test.
Resolution - 01 -894 - Concerning adverse action against the provisional Taxicab Driver's License held
by Steve Schmidt for failure to enroll and complete a taxicab driver's training course. (On November 28,
this item was laid over to March 6, 2002)
Recalled and withdrawn Yeas - 7 Nays - 0
The meeting was recessed from 4:10 to 5:35 p.m.
Roll Call: Present - 7 Absent - 0
PUBLIC HEARINGS
33. Third Reading - 01 -1243 - An ordinance requiring persons or organizations that engage in vehicle
immobilization services to be licensed.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing
Yeas - 7 Nays - 0
Laid over to December 26 for final adoption
34. Third Reading - 01 -1244 - An ordinance amending the license fee schedule to add a fee for vehicle
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immobilization service licenses.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing
Yeas - 7 Nays - 0
Laid over to December 26 for final adoption
35. Third Reading - 01 -1260 - An ordinance granting a 7% discount on theater liquor license fees for
attending alcohol awareness training by an authorized provider and to extend the separate fee for
intoxicating liquor licenses issued to theaters.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing
Yeas - 7 Nays - 0
Laid over to December 26 for final adoption
36. Resolution - 01 -1289 - Concerning adverse action against the Cigarette /Tobacco License held by
Twin Cities Stores, Inc., 4571, dba Oasis Market, 2067 Grand Avenue. (Laid over from December 12
for public hearing)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP), appeared. She stated this involves a third violation of a cigarette
compliance inspection. The presumptive penalty in the matrix for a third violation is a 30 day
suspension of the cigarette /tobacco license. The recommendation was an upward departure from that
recommendation and, in addition to the 30 day suspension, LISP's recommendation was for imposition
of a $1,000 fine and a meeting between the management of the Oasis Market and LIEP to discuss
compliance issues. Ms. Palmer stated that meeting did occur at which time they talked about a plan to
prevent failures in the future.
The recommendation for the upward departure is because it is a third violation within a short period of
time, about 15 months. Also, because the circumstances of this particular violation involved a clerk
exhibiting hostile behavior and having to call the police to assist the Licensing Inspector in identifying
the clerk in order to prepare the paperwork to impose a penalty.
Kevin Omonson, Regional Manager for Twin Cities Stores /Oasis Markets appeared talked about steps
they have put in place so they don't continue with this trend
Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Benanav told Mr. Osmonson he appreciates the efforts he has taken to rectify problems
in the future but because of three violations in 15 months and the hostility of the employee, he moved
approval of the resolution.
Adopted Yeas - 7 Nays - 0
37. Resolution - 01 -1317 - Concerning adverse action against the Pawn Shop license held by Cash -N-
Pawn of Minnesota, Ltd, dba Cash -N -Pawn, 490 University Avenue West.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP), told the Council this matter was before them to determine the
appropriate penalty for a violation. She was notified on this date by the manager that he would not be
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able to attend the meeting due to an emergency and he requested a layover.
Councilmember Blakey moved to lay over to January 23.
Laid over to January 23 Yeas - 7 Nays - 0
38. Public hearing to consider the report of the Administrative Law Judge concerning the Taxicab
Driver's License Application by George R. Blanchard.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP), appeared and stated that Mr. Blanchard had a felony conviction for
fleeing a police officer in a motor vehicle in 1999 and was informed that he would be denied a license
but he would have an opportunity to present his evidence of rehabilitation to an Administrative Law
Judge (ALJ). The hearing took place and the ALJ found that the conviction was directly related to the
occupation of a cab driver but felt that Mr. Blanchard had shown sufficient evidence of rehabilitation
and he should be given an opportunity to drive a taxicab. The ALJ recommended that the license be
issued with conditions which Ms. Palmer outlined.
Mr. Blanchard appeared and said he would be grateful if he were granted a cab license as it's how he
makes a living.
Councilmember Blakey moved to close the public hearing
Yeas - 7 Nays - 0
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and adopt the
Findings of Fact and Conclusions of Law of the Administrative Law Judge and approve the application
for a Taxicab Driver (Provisional) License, with conditions. Yeas - 5 Nays - 2 (Bostrom, Coleman)
39. Resolution - 01 -1318 - Ordering the owner to remove or repair the building at 1840 Ames Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, stated that no one appeared at the Legislative Hearing on
this matter and, therefore, he recommended approval of the order.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
40. Resolution - 01 -1319 - Ordering the owner to remove or repair the building at 2281 Priscilla Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner six months to complete rehabilitation provided the vacant building fee is paid, a code
compliance inspection is completed, and a $2,000 bond is posted by noon on December 19, 2001)
Gerry Strathman, Legislative Hearing Officer, reported that this is a vacant building that was condemned
in September, 2000, and has been vacant since that time. Some summary abatements have been
conducted at the property and it was inspected by city inspectors and determined to be a nuisance. The
owner of the home testified that it was her intention to re- occupy the home sometime within the next
few years. Mr. Strathman said he was unable to get a commitment to rehabilitate the house at this time.
He told her he would allow additional time for the rehabilitation if the vacant building fee was paid, a
code compliance inspection was completed, and a bond posted. However, that was not done and he
recommended approval of the original order.
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August Young, 2280 Priscilla Street, 41, a member of the St. Anthony Park Community Council and an
apartment cleaner for Maynard Management Corporation appeared. He said he could do cleaning for the
owner of the property in question. He presented a petition with 45 signatures from neighbors asking that
the home not be removed.
Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Benanav said he looked at the house and it has been kept up on the outside. However, it
has been a long- standing issue in the neighborhood. It has not been occupied for a long time but he
wants to see the house saved as it's in a good neighborhood and if it's repaired it would be a great
addition to the neighborhood.
Councilmember Benanav moved to approve the order but allow the owner to post the bond, pay the
vacant building fee and have a code compliance inspection within 15 days. If that is done, she will be
allowed 30 days to rehab the house.
Adopted (If the vacant building fee is paid, a code compliance inspection is completed and a $2,000
bond is posted within 15 days, the owner will be granted an additional 30 days for rehab) Yeas - 7 Nays
-0
(Harris & Reiter left)
41. Appeal of Terrence Tessmer to a Summary Abatement Order for property at 407 Bay Street.
(Legislative Hearing Officer recommends laying over to the December 18, 2001, Property Code
Enforcement meeting and the January 2, 2002, City Council meeting)
Gerry Strathman, Legislative Hearing Officer, said the property owner is storing large amounts of
material in his yard and this has gone on for a long time.
Councilmember Lantry moved to lay over to January 23.
Laid over to January 23, 2002 Yeas - 5 Nays - 0 (Harris and Reiter not present for vote)
(Reiter returned)
42. Resolution - 01 -1320 - Establishing No Parking 8:00 a.m. to 8:00 p.m. Monday through Friday,
Except by Permit Area 15, on both sides of Dayton Avenue from Exeter Place to the alley 120 feet west.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
43. Resolution - 01 -1321 - Adopting the West Side Flats Master Plan and Development Guidelines for
the West Side Flats (bounded by the Mississippi River, Robert Street, Plato Boulevard and Wabasha
Street).
Lucy Thompson, Department of Planning and Economic Development, presented a staff report. The
West Side Flats Master Plan and Development Guidelines is the next chapter in making the West Side
Flats /Mixed Use Urban Village a reality. The West Side Flats include the area of Wabasha to Robert and
the River to Plato Boulevard. She reminded the Council that there were many steps prior to this
document: The St. Paul and Mississippi Development Framework, the West Side Flats Development
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Framework, the West Side Flats Development Strategy, and the West Side Flats Conceptual Master Plan
done for US Bank and having them think about their new facility in terms of fitting into a neighborhood.
All of the urban design principles, general land use principles, and those documents are reflected in this
document. What's different about this one, Ms. Thompson said, is she thinks of it as more of a
"workbook" that now developers, architects, city staff, the design center, and community organizations
will use to interpret all of those principles to building on the ground. In the document there are street
sections that say how each of the streets should be designed in the neighborhood. It has some
architectural guidelines for building types; i.e., how buildings are cited on their parcel, how they relate
to the street, how tall they are, how their massing is. There are also specific guidelines for landscaping
standards and the street sections.
The Planning Commission held a public hearing on this document and they have suggested a few
changes including making it clear in the document that there be direction that there should be some
commercial uses along Wabasha from the River to Plato to strengthen the connection between the River
and the work that is occurring on the West Side and to expand downtown's main street to the West Side.
They also had some concerns about retaining existing businesses and as PED works on new
development projects to work as hard as possible to retain existing businesses. They were particularly
concerned about building height. They are very supportive of the height guidelines that are in the
document.
Another issue was raised about the rail corridor which currently goes through the site. The neighborhood
was concerned that they may have to wait until the rail tracks are removed before there can be a
pedestrian and bike connection from the larger West Side. The Planning Commission is recommending
that PED work at securing additional right -of -way even while the tracks are still there to try to make that
connection in the interim.
Appearing to address the issue were:
Robert Moffitt, representing the American Lung Association of Minnesota, raised a question as to
whether the plan could be altered or disposed of entirely in the future, with regard to a stadium
plan for the Minnesota Twins, or if it will become firm as the American Lung Association is
looking at properties in this area.
Greg Hollenkamp, KKE Architects on behalf of JLT the developer for the project, voiced concern
about height restrictions and asked for flexibility.
Rick Krueger, JLT Group, said they generally agree with what's in the document in terms of
resolution but they feel there is one specific area that causes concern which is building height and
it's singled out in the sense that everything else is given flexibility but in this particular case there
is a lack of consistency within the document.
(Harris returned)
Jerry Trooien, JLT Group, said he did not feel it was wise to introduce the word "absolute" into
the language. They are not talking much distinction; if this is a four -story plan, they are talking
five and maybe six at the most. He said he would challenge anyone to give him the real rational
difference whether they are going another 10 or 12 feet at that point. They have significant site
lines and openness to the river on this development from a variety of places and there are no home
sites on the bluff that will be impacted.
David Boyce, WSCO Riverfront and Development Committee Chair, appeared and spoke in favor
of the resolution, the Master Plan, and the recommendations made by the Plannning Commission.
Bob Van Moorlehem, Llewellyn Publishing, Wabasha Street, said if Levee Road is extended
south to Fillmore, it cuts off about half of their building. Other parts of the plan include removing
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their very limited parking. Though they support the plan, he said they will have some issues if
development takes place according to the plan as they feel they have a growing and viable
business which they want to preserve.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Patrick Seeb, Executive Director of the St. Paul Riverfront Corporation, acknowledged the leadership of
Councilmember Coleman and his staff on the redevelopment and positioning the West Side for
redevelopment which is a process that has been underway for a number of years. He said what they are
really doing is laying out a guideline or framework for future decisions to be made; decisions that may
have to come before the City Council or the HRA or others along the way. This creates a framework that
helps shape everyone's expectations.
Councilmember Coleman commended Mr. Trooien for his cooperation in this process saying he has an
understanding of the importance of the Riverfront.
In response to issues raised by Mr. Van Moorlehem, Councilmember Coleman said there is language in
the resolution pertaining to working with existing businesses and insuring the city will not take away
anything from their business. The Plan may have things in it that could raise concerns but before
anything actually goes forward, he said they will work with Mr. Moorlehem to accommodate his
concerns.
Councilmember Coleman noted that there was a request to have language with respect to affordable
housing. Lucy Thompson responded that language pertaining to affordable housing was not put in the
resolution because staff and the Planning Commission felt the City's Housing Plan adequately addresses
it stating that 20% affordable is the minimum goal to strive for. However, she said they could
incorporate language if so desired.
Councilmember Coleman said he felt the height guidelines were appropriate but that the language is
stronger than what may have been in other documents. He asked if there may be a way to emphasize that
goal but not make it as stringent as some heights may go up and some may go down. Ms. Thompson
said her position on the heights is that they are guidelines at this point, they hang together as a set where
height should not be pulled out itself as an only issue. When they get more specific working with
developers and looking at performance, densities, and value added by a particular massing of housing
they could entertain a variance from what is in the Master Plan. However, that should only be done in
the context of how it impacts the other design goals and strategies.
Councilmember Coleman made amendments to the resolution on Lines 78, 81 and 82 and moved
approval as amended.
Eric Mattson, owner of property at Robert and Plato, asked if this plan will have any impact on his
property rights. Councilmember Coleman responded that they will work with local business owners to
accommodate their needs.
Adopted as amended Yeas - 7 Nays - 0
44. Public hearing to consider the appeal of the Department of Public Works - Traffic Division to a
decision of the Heritage Preservation Commission denying a permit application to construct a traffic
island at the intersection of Western and Summit Avenues (Historic Hill District).
Amy Spong, staff person for the Heritage Preservation Commission (HPC), showed slides of the
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intersection in question. She said that given the public testimony received at the HPC meeting and the
fact that the HPC has a responsibility to review these types of permits according to their design review
guidelines, there still was concern or disagreement whether there was a safety issue at this intersection.
She said the HPC has not received any statistics related to that concern. There were comments at the
meeting that there appeared to be other things such as signage, striping, or better lighting that could be
attempted first before constructing a traffic island that would be less obtrusive to the character of the
district.
Dudley Younkin, HPC member, appeared. He said this appeal illustrates a problem that is present both
in this matter and the appeal in Item 45. He said Al Shetka, Department of Public Works, came to the
HPC with a concept review and they looked at the plan, asked questions, and made comments. He said it
was important to know that the HPC does not approve or disapprove of projects that come after the
public hearings they hold. They accepted the assertion that there was a public safety problem with this
crossing and they satisfied themselves that Mr. Shetka's design was doing what it could to accommodate
the historic interest in terms of the construction of this site.
There were a large number of people from the neighborhood present at the public hearing who appeared
in opposition to the traffic island, Mr. Younkin said. This did two things to the evaluation that the HPC
had to make at that time. They were balancing the historic value of keeping the intersection the way it is
with the public safety value. With the concern of the citizens, the sense of the historic value of what was
there increased, and the concern about pedestrian safety became more of a question and the HPC was
not convinced at that point that it merited this intrusion on the history.
Al Shetka, Department of Public Works, appeared. He said he feels from a traffic engineering standpoint
that Summit Avenue is heavily traveled by pedestrians. This crossing is approximately 85 feet wide and
to negotiate that, pedestrians have about 30 seconds to cross. Also, they are faced with vehicles coming
from varied directions at some significant speeds. The island would channel the turning movements and
square them off while also giving pedestrians an opportunity to negotiate movements separately and not
have to worry about traffic from all directions. From an accident standpoint, the intersection is not that
bad when ranked with others in the city. In the past four years there were eight traffic accidents at the
intersection with two involving injuries and one involving a fatality but the accidents did not involve
pedestrians.
Mr. Shetka said the island would be landscaped, granite curb, sidewalk to match the existing, and trees.
It is about 1,000 square feet in size.
Councilmember Benanav asked if signage or the other suggestions of Ms. Spong would resolve the
problems. Mr. Shetka replied "no" saying that it would not impact driver behavior.
Appearing in opposition to the appeal were:
Mark Voerding, 113 Farrington Street, Vice President of the Ramsey Hill Association. He said the
Ramsey Hill Association takes public safety very seriously and they will not compromise safety in favor
of historic preservation. However, they are opposed as Summit Avenue is a parkway and because of the
island's proximity to three other community parks, he felt the Division of Parks and Recreation should
have been a part of the decision. Also, they did not hear from the Parks Commission. The island extends
too far into Summit Avenue and would create minimal sidewalk space to be useful for pedestrians. The
proposed design includes trees and grass which will not survive salt, drought or vehicles that miss the
turn. Trees and signs on the island will actually decrease visibility for oncoming traffic
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Jim Hirsh, 403 Portland Avenue, said this is a bad intersection but he did not feel an island will
necessarily slow down traffic. He said he would like to see further study and that they be given time to
consult with the experts, and get more neighborhood feedback.
Paul Johnson, 79 Virginia Street, said he feels the main problem is that cars don't stop for the sign as
well as increased truck traffic which are not allowed on Summit Avenue. He questioned why this is not
regulated.
Appearing in support of the resolution were:
Judith Pfankucht, 345 Summit Avenue, member of the Ramsey Hill Association, expressed concern
about the safety of pedestrians saying it is a big problem on that corner.
Jim Noonan, 339 Summit Avenue, said he came to "plead" with the Council to put a safety measure in
this intersection saying it is a very dangerous intersection to cross.
Don Ludeman, 1504 Selby Avenue, Chair of the Capitol City Traffic Calming Alliance, appeared. The
Alliance was formed two years ago and they have been meeting and working with Public Works and the
Police Department to look at city -wide solutions to traffic and pedestrian safety. He said pedestrian
safety is a real concern and he cited incidents of pedestrians who were killed recently in the metro area.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Blakey said both sides put forth good arguments but he feels pedestrian safety is key.
He moved to grant the appeal and asked that the final design and material selections be submitted to the
HPC staff for their review and approval. Also, that errors were found in the findings of the Heritage
Preservation Commission as embodied in the minutes of the November 15, 2001, meeting.
Motion of Intent - Appeal granted with conditions Yeas - 7 Nays - 0
45. Public hearing to consider the appeal of Dayton's Bluff Neighborhood Housing Services to a
decision of the Heritage Preservation Commission denying a permit application to construct a four unit
townhome structure at 663 Euclid Street, Dayton's Bluff Historic District.
Amy Spong, staff person to the Heritage Preservation Commission, said she felt one of the reasons for
this hearing was that there may be a lack of understanding of the design review guidelines and the intent
of those guidelines and what the purpose of it is. The Commission believes that there are design
solutions to this issue and that often times it is a combination of several different design changes that
can be made to bring a design in compliance with the guidelines. Ms. Spong said Dayton's Bluff
Neighborhood Housing Services (DBNH) came before the Commission with a concept review in
February , 2001. The design has undergone a lot of changes since the first month it came before the
Commission until September when it came before the Commission again.
Dudley Younkin, HPC member, appeared and said this project is part of four other projects that were
being proposed by DBNHS at the same time. The other three projects were approved by the HPC. The
reason this particular piece was not approved was because it is in the most critical position relative to the
Dayton's Bluff Historic District as it sits on Mounds Boulevard. As one comes off of I94 from the east
or coming to Dayton's Bluff from Mounds Park, it is a signature piece - a statement of the
neighborhood. The HPC's concerns with this one were stronger than they were with respect to some of
the others that were being put in. The design for this particular piece was the weakest of the four designs
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that were presented to the HPC.
Mr. Younkin emphasized that there were several things that the HPC did not have any information about
at the time decisions were made such as the tie -in of this unit and the other units and the financing of
this project.
Jim Erchul, Executive Director of Dayton's Bluff Neighborhood Housing Services, the developer of this
site, appeared. This project was under review by the HPC for nine months so had there been information
that was lacking, there was ample time for them to get that information. They are confronted with a
situation where they have four sites, two of which have a steep hill and the other site is best suited for a
two -story building with a traditional front porch. DBNHS is required by the tax credit guidelines, as
well as other things, to provide a handicap unit. That unit is the one that appears to be causing concern.
The drawing displayed by Ms. Spong was the initial drawing and at that time they were not aware of the
fact that they had to put a two - bedroom unit with two handicap accessible bedrooms on one floor of the
building and that is why the design changed. The reason they put it where they did was that it was the
best in terms of design and also that it would be the less intrusive of any of the other spots on the four
sites. Mr. Erchul reviewed material that he distributed to the Council.
Eugene Piccolo, 397 Maple Street, President of the District Council, said when discussion started about
this project, they had four concerns: 1) the issue of rental housing vs. ownership of housing in the
neighborhood; 2) the design of the buildings; 3) the quality of construction; 4) competent management
since it's going to be rental property. They feel they have been assured on all those issues. They have
reviewed the design a few times and feel the project meets the concerns of the community overall. In
terms of construction quality, they believe that housing that is built for rental needs to be built in a way
that can withstand rental use rather than home ownership use which has been a concern in the
neighborhood for many years. They feel all issues have been addressed in terms of the concerns of the
district council. Mr. Piccolo expressed concern about communication that has broken down in the
process.
Appearing in opposition were:
Diane May, 243 Maria Avenue, presented photos to the Council of surrounding structures. She cited
information from the Dayton's Bluff Historic District Handbook, pertaining to additions and new
construction.
Mr. Mateer, 247 Maria Avenue, said he was concerned that there would be no yards for kids living in
this development and they would be rooming the neighborhood. He alsoo has issues with traffic and
parking.
(Coleman left)
Colleen Yurek, 237 Maria Avenue, said the proposed development would be built adjacent to her
property and she voiced concern that it will not fit into the historic nature of the neighborhood. She
asked if there could be a compromise on the design.
Kim Mateer, 247 Maria Avenue, said her concerns include blocking the view of the city and taking this
open area away from kids who play there.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
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Councilmember Lantry moved to grant the appeal. She felt the HPC made errors in their findings
including the mapping and scale of some of the surrounding buildings as she feels they do fit in with the
proposed structure. She said when she looks at the mix of the Dayton's Bluff neighborhood with four -
plexes and single - family buildings that this building can fit in. The Dayton's Bluff district does have
different guidelines and makes a distinction between existing homes and new construction for the
historic district. Dayton's Bluff Neighborhood Housing Services has acquired another un- adjacent
property and will apply for a demolition permit through the HPC. If that's approved, the handicap
accessible unit, which was the center of a number of the complaints, will be lopped off so the building
will be smaller. Ms. Lantry requested that Mr. Erchul take it back to the HPC to get their input on the
new design
Motion of Intent - Appeal granted with conditions Yeas - 6 Nays - 0
(Coleman not present for vote)
Councilmember Blakey moved to adjourn the meeting.
ADJOURNED AT 8:15 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson January 23, 2002
Assistant Council Secretary
mce
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