Approved Minutes 3-6-2002Page 1 of 16
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 6, 2002 - 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
• Public Hearings
• Suspension Item
The meeting was called to order at 3:35 p.m. by Council President Bostrom
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 -18)
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.
Nancy Anderson, Assistant Secretary to the City Council, noted a request was received to lay over Item
14 for two weeks.
Councilmember Blakey moved approval of the consent agenda as amended.
Adopted Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Don Creighton, Daniel Evans, Geraldine Krenner, Benjamin Lao, Legal Assistance to
Minnesota Prisoners (for Kevin Murchison), Dianne & Mike McMenomy, Jeff Perkins, and Yi Xiong.
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Referred to the City Attorney's Office
2. Letter from the Office of License, Inspections and Environmental Protection announcing that T. Jay
Salmen has withdrawn his appeal of a Heritage Preservation Commission decision denying a revision to
a permit application to install glass block windows on the east elevation at 2249 Summit Avenue and
canceling the public hearing scheduled for March 6.
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on March 20, 2002, to consider the application of Christenson Corporation for
preliminary plat approval for subdivision of property bounded by Norfolk Avenue, Davern Street, and
West Seventh Street to provide for construction of new commercial and residential buildings. (Gateway
Village)
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on March 20, 2002, to consider the application of the Saint Paul Port Authority
for combined plat approval for subdivision of property bounded by Topping Street, Como Avenue,
Burlington Northern Railroad Tracks, and Dale Street to provide for construction of new industrial
buildings. (Great Northern Business Center)
5. Letter from the Citizen Service Office /Property Code Enforcement declaring 1118 Central Avenue
West as nuisance property and setting date of Legislative Hearing for March 12, 2002, and City Council
Hearing for March 20, 2002.
6. Letter from the Citizen Service Office /Property Code Enforcement declaring 1114 Magnolia Avenue
East as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later
date if necessary.)
7. Letters from the Office of the City Attorney recommending revocation of the provisional taxicab
driver's license of the following individuals based upon their failure to enroll in and successfully
complete a taxicab driver training course: Liban Abdi, Abdulahi Abikar, Maurine Alton, Paul Berndt,
Michael Bowman, Grant Calvert, Shane Coners, Dennis Darwin, Wondimu Deto, Mark Frascone,
Torrence Gregory, Andrew Gunter, Anthony Hernandez, Hassan Ibrahim, Anthony Kamau, Troy
Kirchner, Patrick Loftus, John McEiver, Adane Megenta, Seleshi Megenta, Sharon Novell, Paul Olson,
Jeffery Rewey, Benjamin Sather, and John Taylor.
8. Administrative Orders:
D002115 Authorizing expenditure up to $6,500 for a trip to Wild Mountain Ski Area by the Como Ski
Center Ski School graduates and their families. (All monies will be pre -paid by participants)
Noted as on file in the City Clerk's Office
FOR ACTION
9. Resolution - 02 -175 - Authorizing a $5,000 City Council contribution to fund the
University /Community forum to consider University of St. Thomas expansion land use issues and the
implications of the expansion on the surrounding neighborhoods.
Adopted Yeas - 7 Nays - 0
10. Resolution - 02 -176 - Approving the decision of the Legislative Hearing Officer on Property Code
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Enforcement Appeals for property at 285 -287 Bates Avenue and 790 Laurel Avenue.
Adopted Yeas - 7 Nays - 0
11. Resolution - 02 -177 - Approving the appointment of John Marshall as Legislative Aide to
Councilmember Pat Harris.
Adopted Yeas - 7 Nays - 0
12. Resolution - 02 -178 - Suspending the Massage Practitioner's License held by Heidi C. Alexejew for
the premises at 770 Grand Avenue.
Adopted Yeas - 7 Nays - 0
13. Resolution - 02 -179 - Suspending the Massage Practitioner's License held by Bruce Owens for the
premises at 2221 Ford Parkway.
Adopted Yeas - 7 Nays - 0
14. Resolution - 02 -180 - Denying the Second Hand Dealer - Single Location License application
submitted by Carol M. Storvick, dba The Junk Drawer Thrift Shoppe, 1261 Payne Avenue.
Laid over to March 20 Yeas - 7 Nays - 0
15. Resolution - 02 -181 - Refunding Sewer Availability charges in the amount of $2,300.00 to
Independent School District No. 625.
Adopted Yeas - 7 Nays - 0
16. Resolution - 02 -182 - Approving a Detour Agreement between the City and the State of Minnesota
Department of Transportation for the use of 1.23 miles of city streets as a detour during Trunk Highway
61 (Arcade Street) bridge replacement.
Adopted Yeas - 7 Nays - 0
17. Resolution - 02 -183 - Entering into an agreement with the 1930 E.P.D. Corporation to use their
vacant parking lot at 1930 Energy Park Drive for parking for the Saints home games and stadium events
in 2002.
Adopted Yeas - 7 Nays - 0
18. Resolution Approving Assessment - 02 -184 - In the matter of the assessment of benefits, cost and
expenses for the Public Works Sewer Repair Program for Sanitary and /or Storm Sewer Connections for
part of May 2001 through July 2002, and setting date of public hearing for April 24, 2002. (File No.
2SWRREPAIR)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
19. Update from the Office of License, Inspections and Environmental Protection on a work plan
addressing the recommendations in the Performance Audit. (An eighteen -month update was requested
by the Council on September 5, 2001.)
An update was presented by Tom Riddering, Deputy Director of the Office of LIEP and the City
Building Official. He said LIEP determined where they could improve their operations and they did so.
Other recommendations were incorporated into their long -range plans and some recommendations were
determined to be inappropriate. However, there have been a few changes in the last six months. He
noted that Recommendation 46 in the Performance Audit was for the Fire Marshall to improve
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inspection of fuel storage tanks. Although it was not done pursuant to the audit, the Fire Marshall has
recently assumed responsibility for plan review and inspection of fuel oil storage tanks in St. Paul. LISP
has worked out an arrangement with them that will provide for more efficient inspections.
Recommendation No. 7 questioned why it took three departments to administer the Minnesota Plumbing
Code. Presently, LISP, Public Works, and the Water Utility all issue permits and do inspections of
different types of plumbing. In prior meetings to discuss how the work might be done more efficiently,
nothing was accomplished and at the direction of Mayor Kelly, Mr. Riddering said he requested a
meeting to discuss consolidating these inspections but he has not received a response from either
department.
Recommendation No. 12 advised LIEP to find a way to deal with long -term incomplete construction
projects. LIEP's involvement in the Problem Properties Task Force resulted in the Council passing a
new ordinance that will allow fines to be assessed for residential construction if it was not completed
within a year. Therefore, on May 19, 2002, they will be able to start assessing fines on problem
properties.
Recommendations 14, 23, 24 and 30 involve providing inspectors with field computers to maximize
their efficiency and to automate permitting and record keeping. About one -half of the inspectors now
have portable inspectors and LIEP is pleased with the results. They have also increased the percentage
of permits that are issued on -line. They have five different applications for geographical information
systems that have been incorporated into the process. Their deployment support of field computers has
been stopped for budgetary reasons and the future of Amanda at this point is uncertain.
Recommendations 25, 26, 27, 28 and 41 all involve using data from Amanda to develop management
reports. LIEP has developed a variety of reports to measure their performance and they recently were in
the process of developing pictures for each trade so they can start collecting data on the types of
violations that were being written. That too has come to a stop until such time as funding is restored.
Recommendations 31 and 40 involved developing LIEP's web site to issue permits and provide
information for citizens and to collect feedback from them on how well LISP was doing. Although LIEP
leads the City in developing e- commerce, this too has been stopped for budgetary reasons. LIEP's use of
computer technology to improve its efficiency and improve customer service has been very successful.
Their project has consistently remained on schedule and within budget, something which is almost
unheard of in IT projects. Their success has expanded the use of Amanda into other departments and
they look forward to continuing to provide the kind of leadership they have pending approval of the
appropriate budget funding for the project.
Councilmember Benanav questioned how much more funding LIEP needs to complete the initial
implementation of Amanda. Mr. Riddering said he was not familiar with the details of the budget as to
how much has been spent or how much they are planning to spend.
Roger Curtis, Director of the Office of LISP, appeared. He said it is the support issue that is on -going as
well as the budget for implementation. They have not had anyone in the past outside of LIEP able to do
the kind of technical support they need. They have an electrical inspector and a mechanical inspector.
The Budget Office has requested the inspectors be taken off of the projects because they are too high -
salaried. LISP will be working with IS to see if they can find someone to support the project at a lower
cost.
Councilmember Lantry said she feels she does not have a good handle as to how much has been spent
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on what, what the improvements are, and how has it shown an increase in productivity or greater
projects signed off on, etc. Mr. Curtis said he would provide those statistics to the Council.
Councilmember Lantry requested an accounting for Eclipse and Amanda - prior budget information,
what the goals were, where they are at now, where they want to go, etc.
Marcia Moermond, Council Research Policy Analyst, appeared and stated that the activity performance
plans in question were not in the budget books but they should be restored at the time of the next budget
cycle unless the Council would like to have some information prior to the 2003 budget discussions.
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
20. Final Adoption - 02 -70 - An ordinance amending Section 32.01 of the Saint Paul Administrative
Code pertaining to compensation of the City Council in accordance with the applicable provisions of
state law and the City Charter.
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 2 (Harris, Reiter)
21. Final Adoption - 02 -107 - An ordinance amending Section 310.19 of the Saint Paul Legislative Code
by making the license fee schedule consistent with Section 310.18. (Laid over from February 13)
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
22. Final Adoption - 02 -125 - An ordinance amending Chapter 18 of the Saint Paul Legislative Code to
correct language authorizing the Legislative Hearing Officer to hear appeals of decisions related to
Newsracks.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
23. Second Reading - 02 -162 - An ordinance amending Ordinance 96 -1504 relating to bonds of the Port
Authority of the City of Saint Paul to which are pledged the full faith, credit and resources of the City of
Saint Paul relating to the Williams Hill Tax Increment Financing District and Hazardous Substance
Subdistrict therein.
Laid over to March 20 for third reading /public hearing
24. First Reading - 02 -185 - An ordinance amending interim Ordinance 01 -648, adopted November 20,
2000, which imposed a moratorium on the use of property in the area presently under study for the
Arcade Street Area Study pending completion of the study and any possible amendments to the City's
Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
Laid over to March 13 for second reading
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Suspension Items
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution - 02 -187 - Amending Council File 01 -353, adopted by the City Council on September 5,
2001, by ordering the owner to remove or repair the building at 843 Rice Street within 180 days after the
date of the Council Meeting on March 6, 2002.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved suspension of the rules to introduce the following resolution:
Yeas - 7 Nays - 0
Resolution - 02 -188 - Supporting the vision of bringing the Minnesota Twins and a new ballpark to
Saint Paul and supporting the decision of the people of Saint Paul on a ballpark financing referendum at
the September, 2002, primary election, if possible, and including any imposition of a bar and restaurant
tax not to exceed 3 %.
Nancy Anderson, Assistant Secretary to the Council, read the resolution into the record.
Councilmember Benanav moved to amend the resolution to indicate that the referendum will be held in
November during the regular election to avoid additional costs to the City.
Councilmember Coleman responded that the city did not have the luxury of waiting until November
because the decision to contract will have already been made at that time.
Council President Bostrom suggested the resolution be amended to read "at the September primary
election, if possible."
Councilmember Reiter moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
The meeting was recessed from 4:10 - 5:35 p.m.
Roll Call Present 6 Absent - 1 Coleman (arrived later in the meeting)
PUBLIC HEARINGS
25. Resolution - 02 -186 - Ordering the owner to remove or repair the building at 664 Edmund Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner six months to complete rehabilitation provided a $2,000 bond is posted by noon of March 6,
2002)
Gerry Strathman, Legislative Hearing Officer, reported that the bond had been posted.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval
as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0 (Coleman not present for vote)
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26. Appeal of William Ludwig to a Summary Abatement Order for property at 1054 Arundel Street.
(Legislative Hearing Officer recommends denying the appeal)
Gerry Strathman, Legislative Hearing Officer, reported the appealant has resolved his issue with the City
so since there is no longer a dispute, he recommended the appeal be denied.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and deny the
appeal.
Appeal denied Yeas - 6 Nays - 0 (Coleman not present for vote)
(Coleman arrived)
27. Public hearing to receive input on the renaming of a St. Paul Street after Dr. Martin Luther King, Jr.
(As requested in C.F. 02 -145)
Councilmember Blakey said it's important to understand that Dr. Martin Luther King's legacy was
about all people being able to live together and understanding the issues of racism, etc. that have been a
negative downturn in our country. Dr. King took the leadership in a non - violent manner to turn that
around.
Councilmember Blakey said this public hearing will not be the only opportunity people will have to be
heard as to what street should be named after Dr. King. He is introducing a resolution which proposes
that a legislative commission be established that would be made up of nine people. The Mayor would
name four members and the City Council would name three. There would also be a member from the
Planning Commission and a member from the Heritage Preservation Commission. Mayor Kelly supports
the idea but wants to look at it further and, therefore, the resolution will be laid over one week. A group
of St. Paul residents will hear ideas as to street possibilities and 60 days after the commission is named,
the issue would be back before the Mayor and City Council hopefully with a recommendation of three
streets and a selection would then be made.
Appearing to address the issue were:
Bill Buth, Building Owners and Managers Association (BOMA), read a letter from BOMA indicating
that re- naming Cedar Street is questionable in their opinion for a number of reasons. They believe that
the importance of such a naming needs careful consideration and input from the community of St. Paul.
Ellen Waters, President of the Midway Chamber of Commerce, representing about 600 businesses along
the I- 94/University corridor, commended Councilmember Blakey for bringing this issue forward and
trying to put together a good process. She said they have had numerous telephone calls on this issues
arising out of a variety of concerns coming from different proposals to re -name other streets other than
Cedar Street. University Avenue is their primary concern at this time because of the history of the
Avenue and the extensive number of businesses on that street. They feel it is very important to have
public input on this issue.
Tyrone Terrill, representing himself as the Director of the St. Paul Department of Human Rights, and
also on behalf of the African - American Leadership Council which represents about 40 black
organizations in St. Paul said they want to support Mayor Kelly in naming a street after Dr. King, and
support Councilmember Blakey's proposal to name a committee to look at the issue. The important
thing is to get it done in the City of St. Paul. St. Paul and Minneapolis are the last major cities in the
country that do not have a street or highway named after Dr. King.
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Laurie Brown, representing herself, said that in a time of fiscal constraint she does not feel this is a
priority project and she raised several questions for the Council to consider.
Reverend Walter Battle said as he drives throughout the country he sees streets that are named after Dr.
King and many of them are in the worst areas of the city and he called it deplorable. He said he hopes a
street can be named in St. Paul after Dr. King that is dignified and respectable and a street where people
can get out and take a walk and feel safe. Dr. King was not just a great human being but an asset to the
world, Rev. Battle said.
Willie Nesbit addressed Dr. King's ideals and philosophies. He said there are already several examples
where streets are co -named and there are plenty of ways to do this without hardship by raising the ideals
of a man who meant much not only to the current society but also to future generations in terms of
representing the full philosophy of what America is supposed to be about.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Suspension Item
Councilmember Blakey moved suspension of the rules and a one -week layover of the following
resolution:
Resolution - 02 -189 - Establishing a Legislative Advisory Committee to make recommendations for the
naming of a street for Dr. Martin Luther King., Jr.
Laid over to March 13 Yeas - 7 Nays - 0
28. Public hearing concerning the report of the Administrative Law Judge on the Wrecker /Towing
License held by A -1 Able Towing, 14 E. Acker Street.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP), appeared. This matter went to an Administrative Law Judge (ALJ) at
the request of the licensee who disputed some of the allegations in the Notice of Violation. The ALJ
found that the Office of LISP had proven by prepondrance of the evidence the violations of failure to
notify within 48 hours of a towed vehicle and also failure to have a lot manned 24 hours. The ALJ
supported the recommendation for adverse action against the licenses. The request for adverse action
was that the Council suspend the licenses for a period of 10 days and stay the suspension for 18 months
with no further violations during that period of time, and that the licensee pay a fine of $1,000. Ms.
Palmer also asked that there be a specific condition that the business comply strictly with the
requirement that the lot in question have someone on duty 24 hours.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing. Yeas - 7 Nays
-0
Councilmember Reiter moved to Adopt the Findings of Fact, Conclusions of Law and Recommendation
of the Administrative Law Judge (suspend the license for a period of ten days and that suspension be
stayed for eighteen months, provided there are no further violations during that period of time; pay a fine
of $1,000.00, and that the following condition be included: that the licensee comply strictly with the
requirement that the lot in question have someone on duty 24 hours). Yeas - 7 Nays - 0
29. Public hearing concerning the appeal of Johanna Friendshuh, owner of 614 Dayton Avenue, to a
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decision of the Heritage Preservation Commission approving a sign permit application to install a neon
enclosed sign on the north elevation at 613 Selby Avenue.
Amy Spong, staff person to the Heritage Preservation Commission (HPC), gave a staff report. The
proposed sign was approved by the HPC and is to be installed on the north elevation which is the rear
elevation of the building at the Paisano's New Louisiana Cafe on Selby and Dale. It will look exactly
like the existing Paisano signs that are presently on the corner of Selby and Dale only it will be slightly
smaller. Ms. Spong showed slides of the area in question.
Ms. Spong said the HPC based their decision on the design review guidelines for the Hill Historic
District. When they moved to approve the sign, they adopted the staff findings also. The appellant cites
the Zoning Code related to exterior lighting and the signage Code which are both appropriate for this
particular proposal.
With respect to the citation regarding light interfering with the vision of people on adjacent property,
Wendy Lane, City Zoning Manager, did not expect that neon lighting would interfere. Related to the
HPC staff report is a statement that the installation of this sign would not impact the Selby Corridor.
That does not infer that staff only did a partial site analysis as a total analysis was done on the site,
Spong said.
In closing, Ms. Spong said there is no question that the neighbor's home at 614 Dayton is a prominent
historic building. In fact, it is catagorized as pivotal to the Hill Historic District. The HPC, however, felt
that in approving this sign application, they did not believe that the district or any neighboring property
characters or architectural integrity would be negatively impacted by the sign.
Johanna Friendshuh, the appellant appeared. She cited language from the Legislative Code and said that
any type of lighting should be reflected away from any residential neighborhood. She noted that this is a
mixed use area and that needs to be taken into consideration when there is redevelopment.
Burt Bigalow, 617 Dayton Avenue, said there is already a lot of light in this area and he felt putting a
sign on the north side of the building would be similar to putting a sign on the alley side of the building.
There is no alley but it would be the main part of the street - the building fronts both Selby and Dale and
there are already signs on those streets.
Chris Yerkes, 627 Ashland Avenue, said the sign does not have to be on the north side as it is already
very bright on that side. He questioned neon lights in a historic district and said he feels it would harm
traffic as well as harming the value of homes.
Kirk Van Blaircom, representing Pyramid Sign, Ltd., said the original idea that was brought to the HPC
a couple of years ago was to develop a sign on the north side of the building. That was in coordination
with a singular sign that would have wrapped around the corner of the building at Selby and Dale. It was
determined that that type of sign would not be allowed. Due to financial constraints, the building owner
felt it necessary to only identify Selby -Dale at that time. It is important to the building owner to identify
the north face of the building, he said, as it is the entrance to the parking area of the business. The neon
elements of the sign are enclosed behind a translucent material so it is somewhat diffused. The nature of
the design and style of the sign is consistent with the other signs that are currently on the property and
he feels that is why the HPC approved the sign.
Councilmember Blakey asked Mr. Van Blaircom if his company checks ordinances when they put in
lights. Mr. Van Blaircom responded that everything they design, build, and install have to be done in
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adherence with ordinances. This sign is designed within the ordinances and guidelines of St. Paul.
Councilmember Blakey said the City Code states if a sign is going to be adjacent to residential districts
it must have a shield to reflect the light away. Mr. Van Blaircom responded that the way he understands
the code is that the clear lens must diffuse the light to a certain degree.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Blakey talked about the role the people have played in revitalizing Selby Avenue and
he said he would not like to see a negative impact on their property. He questioned the need for a neon
sign on the north side and he did not feel it would be "friendly" to the residents living there.
Councilmember Blakey moved to grant the appeal and deny the neon light on the building. He felt there
would be too much glare citing Legislative Code Section 62.110. It is not known what the foot candles
are, and it would have a negative impact on the adjacent property. Also, when the HPC did their study,
they were looking at Selby Avenue and this property faces Dayton Avenue.
Councilmember Coleman spoke in support of Councilmember Blakey's motion
Motion of Intent - Appeal granted Yeas - 7 Nays - 0
30. Public hearing to consider the application of Waste Management of Minnesota, Inc. to rezone
property from I -1 (Industrial) to I -2 (Industrial) to allow a waste transfer station and to eliminate split
zoning on parcels at 195 Minnehaha Avenue East and unaddressed railroad right -of -way.
Patricia James, Department of Planning and Economic Development, presented a staff report saying that
this is a petition to rezone property on the west side of I -35E. The project involves the redevelopment of
Waste Management's existing site on the east side of I -35E and they want to relocate on this parcel
which they currently own. They will be moving their recycling operation indoors and all activities will
take place in the existing building on the site.
A petition was submitted by Waste Management to rezone the property and the Zoning Committee of
the Planning Commission held a public hearing on the petition and recommended approval. The
Planning Commission also recommends approval.
Susan Hubbard, Neighborhood Energy Consortium, appeared. She stated that Waste Management
appeared before the Planning Commission to have a variance on this property over a year ago. They
made several promises and were given a variance based on completing a number of conditions in one
year. That time line ended in November, 2001, and none of the conditions have been met as of this date.
The Neighborhood Energy Consortium supported the rezoning because they promised to meet the
conditions. These include serious environmental conditions regarding the storm water management
facility. Ms. Hubbard presented the list of conditions for the record.
John Kellas, Regional Manager for Waste Management's Disposal Facilities in Minnesota and their
metropolitan transfer station, appeared. He explained that this process started when they were
approached by the Port Authority because of the Phalen Corridor project. They have an existing
business on the other side of the highway which is in the way of that project. The Port Authority asked if
they would work together to help facilitate the project. Waste Management said they would as long as
they could find a site to continue their business. They have the building on the other side of the highway
and it is a building much larger than their current building. They felt it would be a nice fit as they could
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move the entire operation indoors.
Mr. Kellas said he runs the Disposal Division and they are regulated by several agencies in the State.
Any activities they do would be through a PCA permit and the activities they commit to would be held
in the PCA permit. Any site grading requirements, trees, landscaping, ponds, etc., would be done prior
to commencing business. The move would also cut the existing hours of the current facility by one -half.
The current activity is a non - regulated activity without a permit and the transfer station would hold a
permit.
Council President Bostrom said the City needs a commitment in order that they don't receive a letter
with a long list of things that have not been completed. Mr. Kellas responded that when they submit a
permit, they indicate what they are going to build, the permit is approved, and an inspection is done to
insure that all conditions are met prior to commencing business. Mr. Kellas said he would commit to
that on this project.
John Young, St. Paul Port Authority, appeared and said the Port Authority is working very closely with
Waste Management and the acquisition of their property on the East Side to make way for Phalen
Boulevard and the relocation of the facility to 195 Minnehaha Avenue. He said a couple of the
conditions mentioned were not complied with by Waste Management and the Port Authority has
discussed that matter with them. They have also discussed conditions with Larry Zangs, Office of
License, Inspections and Environmental Protection, and ways in which the conditions can be placed on
the City's license for the waste transfer station and insure compliance at the new facility. There are
several changes in the way the property will be used when it becomes a waste transfer station. Overall it
should be a cleaner operation with less noise to the neighborhood.
Tait Danielson, District 7 Planning Council, appeared. After speaking with Waste Management and the
Port Authority, he said he as well as the neighbors were still skeptical and concerned. As long as there
are conditions placed on the license and they get a full commitment from Waste Management, it seems
like a good project and he felt the neighbors would be satisfied.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Blakey asked that the Office of LISP and /or the Port Authority provide a written report
to the City Council regarding the conditions.
Motion of Intent - Application granted
Yeas - 6 Nays - 0 Abstention - 1 (Reiter)
31. Public hearing to consider the appeals of Ramsey Hill Association, Chris Hardy, Rick Igo, and John
B. May to a decision of the Planning Commission approving a Special Condition Use Permit for Guild
Hall to be used as a 71 -unit rooming house at 268 and 286 Marshall Avenue, between Louis and
Farrington Streets.
Yang Zhang Department of Planning and Economic Development, presented a staff report. The Zoning
Committee held a public hearing on January 3, 2002, and recommended approval subject to a condition
on a vote of 8 -0. The Planning Commission granted approval of the Special Condition Use Permit on
January 11, 2002. Four appellants, as noted, have filed separate appeals on this case and separate staff
responses were presented in writing addressing the issues raised by the appellants. Ms. Zhang reviewed
the responses for the Council.
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Appearing in support of the appeals were:
Mark Voerding, 113 Farrington Street, Vice President of the Ramsey Hill Association, appeared. He
presented written testimony and a response to the staff report pertaining to their appeal. In 1997 they
appeared before the Planning Commission with Catholic Charities and supported their proposal for the
future of Guild Hall. The legal counsel for Catholic Charities presented a proposal as a negotiated
agreement that was adopted by the Planning Commission. Mr. Voerding said it was troubling that
Catholic Charities recognizes the agreement and yet now states that it has no intention of honoring it.
Also, despite multiple requests, Catholic Charities still will not sit down in a meaningful dialogue to
resolve this issue. The Ramsey Hill Association believes that once agreements are adopted by the city,
they must be recognized and carry weight for the long term.
Mr. Voerding said this neighborhood thrives on its diversity. Four years ago Catholic Charities
recognized that they and the neighborhood have common goals for affordable housing and helping those
in need. Ramsey Hill Association has not changed its position. In the last several years, they have given
over $50,000 to non -profit organizations serving people in the neighborhood. He said the real issue they
are facing is when "issues of the heart collide with issues of law." This is a question of zoning, a
question of law. In a comparison of the applicant's 1996 proposal and the 2001 proposal, they are almost
identical except that the rental rates are significantly higher today, more staff have been proposed,
services would now be paid from rents, and the source of rehab funds have changed. In 1997, city staff
determined the proposal was transitional housing and Mr. Voerding questioned what has changed. The
Ramsey Hill Association believes the proposal was then and still is transitional housing under the
Zoning Code and under the adopted policy of the city. The applicant believes differently and has
identified it as supportive housing. He noted that the Zoning Code makes no mention of supportive
housing or housing with support services so if these kinds of conflicts are ever going to be avoided,
terms have to be agreed on.
Mr. Voerding said it is their hope that the city can begin a process to clarify and coordinate housing
terms and uses with Ramsey County and other cities in the county.
Mark Voerding read a letter from Chris Hardy, who was not able to be at the hearing, stating that his
absence was not a reflection of any change in his appeal position. Mr. Voerding also noted that Mr. Igo
was unable to be present as he, like Chris Hardy, was under the impression the hearing was going to be
held the previous week.
John May, 265 Dayton Avenue, appellant, and owner of a 28 -unit apartment building adjacent to the
southeast corner of Guild Hal, said he was appealing on the basis of the parking Catholic Charities
propose d. Mr. May distributed written material. In response to the appeal of Ramsey Hill Association,
staff stated that in order for St. Paul Technical College to hold classes in Guild Hall, the school would
need an amendment to their special condition use permit (SCUP). However, in approving the SCUP
application, the Planning Commission approved the building for the classes because it was part of the
original application. The Commission did not consider how many instructors, support staff, and other
possible students would be using the building and did not address parking needs for those persons. To
ignore the additional parking needs ignores the requirements of the zoning code. The SCUP application
identifies that 35 spaces would be provided for residents. Mr. May said he concurs with staff that the
Zoning Code anticipates typical parking demand for a rooming house. However, it is based on the
number of residents and does not anticipate the staff or other uses identified in the proposal.
Appearing in opposition to the appeals were:
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Tim Keane, Attorney with Larking Hoffman Daly & Lindgren representing Catholic Charities, who said
they concur with the findings of city staff and their thorough review of the application. Mr. Keane said
his group fully participated in the hearings before the Zoning Committee and the Planning Commission
and they concur with the findings set forth in conclusion of those hearings.
Jack Jackson, Chief Operating Officer for Catholic Charities, presented the rationale for this project.
Catholic Charities has chosen to renovate Guild Hall to address legitimate needs of their charge and their
mission. Currently, the City's Comprehensive Plan calls for 400 units of permanent low income housing
by 2004. He said he attended Mayor Kelly's Business Partnership luncheon soon after his inauguration.
Included in the Mayor's speech was that he committed to raising 5,000 units of housing in St. Paul. He
said their proposal for Guild Hall is a contribution toward that goal. He said they have 650 units of
housing that are full with waiting lists. He said it is their mission to help those in need reach their full
potential but it can not happen without stable housing. They believe Guild Hall is a needed partial
solution to a community problem and that mixed income housing for full -time workers is a worthy
project. Their target is working adults who seek further employment skills and training in addition to an
affordable place to live.
Tracy Berglund of Catholic Charities and Project Manager for Guild Hall said Guild Hall will provide
70 units of low -cost permanent affordable housing for single adults. Tenants may be students, graduates
from transitional housing programs such as Mary Hall or the YWCA or people in low- paying jobs.
Catholic Charities is partnering with St. Paul Technical College to try to provide on -site classes. Tenants
can also use computer labs at St. Paul Tech. Staff will include 24 -hour front desk staff, two employment
specialists, and a building supervisor. Tenants will be screened for criminal history and unlawful
detainers. Rent will be $350 /month and it will be a month -to -month lease. There will be no limit to the
stay as long as tenants abide by the terms of the lease.
As it relates to the record and the findings, Tim Keane, said the Planning Commission had a rational
basis supported by a factual record to reach their findings. The requirements of the code have been
satisfied. It is an existing structure that is under - utilized. The appellants have made an issue of the 1997
special condition use permit; however, that SCUP expressly reserved the opportunity to seek an
amendment.
Larry Tills, resident of Mary Hall Transitional Program, 438 Main Street, said he has medical and legal
issues which caused him to become homeless. He attends St. Paul Technical College and is employed by
St Paul- Ramsey County Public Health. He said he has a good job with a good future; however his
current income prevents him from being eligible for subsidized housing and does not allow him to
afford a market -rate apartment. He said Guild Hall would afford him to build on his successes.
Jane Lorenz, 79 Western Avenue, a former mental health social worker for Ramsey County, said at the
time she worked for the county some of her clients lived at Guild Hall and it was one of the nicest group
homes for the mentally ill in Minnesota. At that time, Guild Hall provided housing to approximately 90
mentally ill people. Even with that many people, it was very quiet, clean and peaceful and her clients
enjoyed living there. She said she never received a complaint that the rooms were too small, that there
was a concentration of disabled people or that parking was a problem. Ms. Lorenz said she currently
works as a planner for Dakota County and her primary responsibility is to provide housing for disabled
populations. Disabled and poor people are contributing members of our society, she said. The nation
and, particularly the Twin Cities, is facing a housing crisis. By converting Guild Hall to permanent
housing, Catholic Charities is making a dent in this overwhelming problem.
Tracy Sattler, owner of Nina's Coffee Cafe, said Guild Hall has the potential of providing good
candidates for long -term employment for his establishment. He employs 10 -12 people and the average
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wage is $7.50 /hour. He has five employees whose primary income comes from his Cafe and their
average monthly income is $963. He said he would like to hire people in the neighborhood.
Father John Estrem, Pastor of the Cathedral of St. Paul, said he wants to see Cathedral Hill remain as a
neighborhood for all people who desire to live there. Since he has been involved in this proposal, he said
he has tried to be attentive to neighbors and other people who have talked to him about the issue. Many
of the people have expressed their support of the proposal and also their frustration with the appearance
that everyone who lives in Ramsey Hill is against it, which is not true. Guild Hall is not the total answer
to the housing problem, but living in a rooming house is a much better solution than living in many less
desirable locations.
Tatiana Petefish, Executive Director of the St. Paul Tenants Union, said she was not aware of the 1997
agreement but since 1997 the housing crisis has exploded. Staff at the Tenants Union talk to about 40
people per day who do not have housing and would be grateful to move into a facility like Guild Hall.
She said she hopes this can be treated as an opportunity and not just a crisis.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Harris noted that this issue passed unanimously out of the Zoning Committee and the
Planning Commission. Staff has been diligent in analyzing all the appeals and he felt the Council should
support the project. The City of St. Paul's Housing Action Plan which was adopted by the City Council
calls for the development of rental housing in St. Paul at all income levels. The 2001 Action Plan, which
was adopted unanimously, called for 750 total new units of housing, 10% of which must be affordable at
30% of median income. Since he was elected, Harris said he's been saying they need to pay attention to
the people who are at or near 0% of income but that was not actually stated in the housing policy and
this project takes a step in that direction. The St. Paul's Action Plan also calls for working with the non-
profit sector which he feels this project does in numerous different ways.
The City's Consolidated Plan, the plan that is submitted to the Federal Government, indicated what St.
Paul is going to do with housing in order to receive federal funds. That plan adopts the framework of the
Housing Action Plan. It links services to affordable housing, which the Guild Hall Project clearly does
in a very unique fashion, and it encourages partnerships with educational institutions. The Consolidated
Plan encourages the production of rental housing. The City told the Federal Government it was going to
do this type of housing in the community. Also, in the St. Paul Comprehensive Plan, it further calls for
the development of affordable housing. The Council has taken a position on record numerous times that
they care about this type of housing in the community.
The Guild Hall project is not asking for city dollars but an allowance for them to proceed with the use of
a building that is already built and has room for more people.
Councilmember Harris talked about his personal experiences several years ago with people in dire need
of housing.
Councilmember Harris moved to deny the appeal.
Councilmember Blakey raised an issue of trust and honesty and referred to a letter dated August 17,
2001, from Catholic Charities to Mr. Tom Sanchez, Department of Planning and Economic
Development in which they asked for $560,000 in CDBG Home Funding Dollars and a $40,000 grant.
He said he is bothered by the different information circulating about this project.
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Councilmember Blakey expressed great concern about the small size of the rooms at Guild Hall, that
there are no private bathrooms, and no private kitchens and he questioned why they would be putting
people in "permanent housing" such as this. Extensive discussion with questions and answers ensued on
this issue as well as the issue of rent, services being offered, the type of tenants that will be allowed to
live there and whether this is truly permanent housing or if it is transitional housing.
Councilmember Benanav asked how a determination is made as to whether a facility is truly transitional
or truly permanent. Allan Torstenson, Department of Planning and Economic Development, said they
look at what the applicant says it is going to be and Catholic Charities made a clear statement that it is
permanent housing; people can stay as long as they want. In 1997 the information provided indicated
that people should stay for a relatively short time, maybe up to a couple of years, but the intent was to
have people have goals to move on within a relatively short period of time. That is the key to what the
city's zoning code defines as transitional housing.
Councilmember Coleman said there was no legal basis for denying the SCUP to Catholic Charities.
Councilmember Lantry said Catholic Charities has an excellent reputation and she had no issue with
how it would be operated. However, the problem she said has from a city -wide perspective if the SCUP
is granted and if someone else were to come in with an exact proposal and either it's a questionable
management company or someone they know nothing about, the Council would have no choice but to
move it forward. Therefore, she said they can not use the reputation of the management company on
which to base a decision.
Councilmember Lantry moved to lay over one week
Failed Yeas - 3 Nays - 4 (Bostrom, Coleman, Harris, Reiter)
Councilmember Coleman moved to deny the appeals and adopt the findings and recommendations
contained in Planning Commission Resolution File Number 05 -02)
Motion of Intent - Appeals Denied
Yeas - 4 Nays - 3 (Benanav, Blakey, Lantry)
Councilmember Blakey moved to adjourn the meeting.
Yeas - 7 Nays - 0
ADJOURNED AT 8:10 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson March 27, 2002
Assistant Council Secretary
mce
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