Approved Minutes 7-10-2002Page 1 of 15
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 10, 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
The meeting was called to order at 3:40 by Council President Bostrom.
Present - 6 - Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Benanav (excused)
CONSENT AGENDA (Items 1 - 23)
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.
Councilmember Lantry moved approval of the consent agenda.
Adopted Yeas - 6 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Margaret Crawford, Ann Estis and LeAndra Estis, Martha Field, Olivia Gault, Louis Stauch
and Jay Wittenberg.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of the Saint Paul Police Federation (Ann Bebeau) vs. the City
of Saint Paul, et al.
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Referred to the City Attorney's Office
3. Summons and Complaint in the matter of the Saint Paul Police Federation (Mark Wiegel and Gary
Minnie) vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Petition in Condemnation and Motion for Transfer of Title and Possession in the matter of the
Housing and Redevelopment Authority vs. the City of Saint Paul, Baidell Properties, Inc., et. al.
Referred to the City Attorney's Office
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on July 24, 2002, to consider the appeal of Andrew Koebrick to a
decision of the Board of Zoning Appeals granting three variances in order to construct an 88 unit senior
apartment building at 260 Osceola Avenue South. (Osceola Park Project)
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on July 24, 2002, to consider the application of Maureen and Steve
Mariano, owners of Schwietz Saloon, 956 Payne Avenue, for a sound level variance to allow live band
music on stage in an outdoor tent in the parking lot from 8:30 p.m. until 12:30 a.m. on September 13, 14
and 15, 2002, for the Harvest Festival.
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on July 24, 2002, to consider the appeal of McClay Alton Attorneys, on
behalf of Grace Community Church, to a decision of the Heritage Preservation Commission denying a
demolition permit application to raze the structure at 873 Portland Avenue (Grace Community Church,
Hill Historic District).
8. Letter from the Real Estate Division announcing a public hearing before the City Council on July 24,
2002, to consider the petition of the City of Saint Paul to vacate part of the east half of Block 5, Stinson,
Brown and Ramsey's Addition and parts of adjoining Toronto and Daly Streets.
9. Letters from the Citizen Service Office, Division of Property Code Enforcement, declaring 611
Dayton Avenue (carriage house only), 1150 Prosperity Avenue, and 393 Sidney Street East as nuisance
properties. (For notification purposes only; public hearings will be scheduled at a later date if
necessary.)
FOR ACTION
10. Approval of minutes of June 5, 2002.
Adopted Yeas - 6 Nays - 0
11. Resolution - 02 -589 - Approving the Memorandum of Agreement between Independent School
District No. 625 and the International Brotherhood of Electrical Workers No. 110 to establish terms and
conditions of employment for 2002 -2003. (Laid over from July 3 for adoption)
Adopted Yeas - 6 Nays - 0
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12. Resolution - 02 -614 - Approving the Memorandum of Agreement between the City of Saint Paul and
Operative Plasterers and Cement Masons International Association, Local 4633 for the 2002 Wage and
Fringe Adjustment. (To be laid over one week for adoption)
Laid over to July 17 for adoption
13. Resolution - 02 -615 - Approving the appointments of J. Kou Vang and Ellen Watters, by Mayor
Kelly, to the Neighborhood Sales Tax Revitalization (STAR) Board.
Adopted Yeas - 6 Nays - 0
14. Resolution - 02 -616 - Approving the appointments of Sunil Bawa, Tom Burt, and Toumoua Lee, and
the reappointments of Gerald Beedle and Clayton Larson, by Mayor Kelly, to the Truth -in -Sale of
Housing Board.
Adopted Yeas - 6 Nays - 0
15. Resolution - 02 -617 - Congratulating Dr. Earl F. Miller on celebrating his 10th Anniversary at
Progressive Missionary Baptist Church.
Adopted Yeas - 6 Nays - 0
16. Resolution - 02 -618 - Authorizing an update and extension of an operating agreement between the
City of Saint Paul and Imperial Parking, Inc. to operate a City -owned parcel at Eagle Street and
Exchange Street as a surface parking lot for daily commuters.
Adopted Yeas - 6 Nays - 0
17. Resolution - 02 -619 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 665 Snelling Avenue North, 657 Fourth Street East, 448 Bidwell
Street, 1591 Christie Place, 345 St. Peter Street, 2097 Marshall Avenue, 977 Fuller Avenue and 484
Temperance Street. (Legislative Hearing Officer recommends approval)
Adopted Yeas - 6 Nays - 0
18. Resolution - 02 -620 - Reducing the amount of the assessment for removal of an abandoned vehicle
from 1461 Westminster Street.
Adopted Yeas - 6 Nays - 0
19. Resolution - 02 -621 - Approving the renaming of Maxson Street Way to Atwater Circle.
Adopted Yeas - 6 Nays - 0
20. Resolution - 02 -622 - Authorizing Game Inc. to use the Division of Parks and Recreation's 3.2 beer
and wine license at Harriet Island on July 13, 2002, for We Fest Country Karaoke Championships on
July 13, 2002, and for Van Warped Tour on July 28, 2002.
Adopted Yeas - 6 Nays - 0
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21. Preliminary Order - 02 -623 - In the matter of sidewalk reconstruction and /or elimination of driveway
aprons in Wards 2, 4, 5, 6 and 7, and setting date of public hearing for July 24, 2002. (File 4S02047,
S02086, S02093- S02099)
Adopted Yeas - 6 Nays - 0
22. Preliminary Order - 02 -624 - In the matter of sidewalk reconstruction and /or new construction at
2369 Carter Avenue, 2235, 2243 and 2275 Hillside Avenue, 25 and 85 Langford Park, 2295 Gordon
Avenue, 1533 and 1770 East Sixth Street, 1762 East Fourth Street, 1286 Charles Avenue and 1153
Edmund Avenue, and setting date of public hearing for July 24, 2002. (File 4S02002)
Adopted Yeas - 6 Nays - 0
23. Resolution Approving Assessment - 02 -625 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction (work already done) on the south side of Prince Street from
Broadway Street to 225 feet easterly, and setting date of public hearing for August 28, 2002. (File
4S99086)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
24. Resolution - 02 -515 - Approving the appointment, by Mayor Kelly, of Andy Dawkins as Director of
the Office of Neighborhood Housing and Property Improvement, Assistant to the Mayor V, effective
June 3, 2002. (Laid over from June 26)
Councilmember Lantry moved to withdraw the resolution at the request of the Administration.
Councilmember Blakey asked what a withdrawal means and Council President Bostrom responded that
it means Mr. Dawkins would continue to serve as an appointee of the Mayor and he can serve up to one
year. However, the Mayor has indicated that within six months he would bring in another resolution if
he wishes to make a permanent appointment.
Councilmember Blakey further asked how this position will be paid. Council President Bostrom
responded that it would come out of the money that they were paying for the police officer who was on
special assignment to Code Enforcement doing that job. It does not require a budget change.
The Mayor should have the ability to name appointees but part of that system gives the Council the
authority to look at the appointments and make sure that people are not being put in positions that are
not fit for the job, Councilmember Blakey said. This is an important position that deals with a lot of
problem properties and a lot of issues that the Council deals with on a daily basis. When an appointment
such as this comes in, it should be about raising the bar, not lowering the bar.
Councilmember Coleman said in the context of Council discussions of late as to what the role of the
Council is versus the role of the Mayor and how the Council insures that they have the ability to exercise
the authority they are given under the Charter, he does not like the idea of having a situation handled by
taking a decision out of the hands of the Council. He said he feels a vote should be taken on the
resolution.
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It's not about control, Councilmember Lantry said. If the appointment is turned down by the Council, by
the time someone else is put in the job another summer will be lost and she said she can't wait that long.
Withdrawn Yeas - 4 Nays - 2 (Blakey, Coleman)
25. Report from Council Research and the Administration addressing the various issues and
recommendations for the STAR Program. (Requested by the City Council on April 17; laid over from
June 26)
Gerry Strathman, Council Research Director, noted that a lengthy memorandum was prepared by the
Administration and distributed to the Council in response to questions that were forwarded to them as a
result of the Council's policy session on the STAR Program. He noted that Council Research had no
role in preparing the response. It is exclusively the Administration's response and Council Research
does not necessarily concur with it.
Councilmember Harris requested that Council Research staff and Greg Blees, City Council Fiscal Policy
Director, review the responses to the questions addressed by the Administration.
Councilmember Lantry noted that there are a number of questions pertaining to the RiverCenter
Authority and the repayment of debt and she suggested that discussion could be held as one of the first
items during the Council's 2003 budget meetings.
It was agreed Mr. Strathman would report back to the Council on August 21, 2002.
Councilmember Lantry moved approval.
Yeas - 6 Nays -0
26. Report from the Office of License, Inspections and Environmental Protection regarding the two
events held at Wild Tymes, 33 West 7th Place, on June 28 and July 6. (Report requested by the Council
on June 19)
William Gunther, Office of License, Inspections and Environmental Protection, reported that there has
only been one event at Wild Tymes and that was on June28. An inspector was at the site on June 28 and
Wild Tymes also had their own sound meter. The noise level was held within 70 dBA which was
enough for that venue. No complaints were received from that event. (The following resolution was
introduced at the conclusion of the meeting:)
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 02 -637 - Granting a sound level variance to Wild Firewater, LLC, dba Wild Tymes (John
McDonough, Owner), 33 West 7th Place on July 19, August 9 and 23, 2002, from 8:00 p.m. to
midnight. (Public hearing was held on May 22, 2002)
Adopted Yeas - 6 Nays - 0
27. Final report from the Martin Luther King Jr. Street Renaming Legislative Advisory Committee.
David Godfrey, Policy Analyst, Council Research Center, and staff person for this committee provided
background information on the committee's activities. The committee began meeting on April 25 and
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held 11 meetings, four of which were public meetings where the community provided feedback on
streets they would like to see named for Dr. King. The committee consists of four members who were
nominated by the Mayor, three who were nominated by the City Council, a representative from the
Heritage Preservation Commission, and one from the Planning Commission. Besides having the four
public meetings, the committee took a bus tour of St. Paul Streets that were under consideration to see
what the streetscapes looked like, they reviewed the historical significance of each street name that was
under consideration, they reviewed all the correspondence that came to the Mayor's Office and any they
could get that went to City Council Offices suggesting street name changes. They also reviewed public
testimony that was provided at the March 6, 2002, City Council meeting.
Mr. Godfrey said the committee is providing its final report at this Council meeting and will offer three
recommendations to the Council. In order to change a street name in St. Paul, the Council has to pass a
resolution. If a street has had a name for 50 years or more, the Heritage Preservation Commission needs
to review and comment on the proposed change. Their review is not binding upon the Council. Two of
the streets that are being recommended fall within the Capital Area Planning District which is overseen
by the Capitol Area Architectural and Planning Board. That Board has jurisdiction over development of
physical structures and landscape within that planning district. However, it does not have jurisdiction
over the street names that are in the district. They have requested that the Council provide them with an
opportunity to review and comment on any street name change that takes place within that planning
district.
Reverend Robert Battle, Chair of the Committee, said the committee reviewed all the streets that were
brought up as well as other streets that were not on the original list that individuals and community
groups presented. The committee looked at the list and decided on three streets to recommend but they
did not prioritize them. The choices were Marshall Avenue, Cedar Street, and Constitution Avenue.
Reverend Battle acknowledged the committee for their professionalism, forthrightness, and sincerity. He
said they were always aware of the importance of their charge in this matter.
Reverend Battle, speaking as a citizen, said his preference is to rename Cedar Street. His reason is that it
starts two to three blocks into the community and goes by the State Capitol, the Minnesota Supreme
Court, the Armory, and corporate America. It's in downtown, ends up at Kellogg Boulevard, and it
would be an appropriate end to a street where two Nobel Peace Prize winners, Frank B. Kellogg and
Martin Luther King Jr. would join together at that point. Rev. Battle said one of the primary reasons he
likes Cedar is because it's not going through a blighted part of the city which is often the case in other
cities. If a street in a blighted neighborhood were to be chosen, he suggested money be put into the area
to fix it up. If a street is going to be named after Dr. King, his name deserves the dignity of a well -
dressed street and Cedar Street presents that without anything required
Rev. Battle said they looked extensively at the cost for making a change. David Godfrey put the costs
together for each of the streets and it's not very much. About $4,000 would be required to make street
sign changes on Cedar Street.
Councilmember Coleman asked Rev. Battle if they looked at a street that would transcend Minneapolis
and St. Paul and if any discussions were held with Minneapolis officials to see if they had an interest in
joining St. Paul in this endeavor. Rev. Battle said there was no discussion between the two cities.
Councilmember Coleman asked why there was not more discussion about renaming University Avenue.
Rev. Battle said University was discussed at length and some community people wrote letters supporting
the renaming of University Avenue. It was one of the streets that stayed on the table until the end. They
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did talk about having the name change go from St. Paul to Minneapolis but it did not make the cut. It
was felt that it had an aura of not enough dignity to be placed under the name of Dr. King.
Kerri Allen, committee member, said one of the reasons Constitution Avenue was selected is that it
involves more than just St. Paul; it passes the State Capitol as well as the Justice Center. This area is
visited by school children, as well as other people, from throughout the State. One of the reasons
Marshall Avenue was selected was because of its connection to Minneapolis via Lake Street and the
possibility of Minneapolis renaming Lake Street. Also, it is a diverse street economically - small
businesses as well as residential. It also goes by high profile landmarks.
Ed Robertson, committee member and Midway Chamber of Commerce member, said a number of
committee members chose Marshall Avenue because of the linkage between Minneapolis and St. Paul as
well as the number of historical and relevant sites on the street including Central High School, St. Paul
Technical College, the Martin Luther King Center, The Cathedral, etc. Mr. Robertson said he feels
strongly that Marshall Avenue would make a great tribute in name for Dr. King.
Reverend Battle said that each committee member voted for three streets. On the first vote Marshal and
Cedar each received four votes. On the second vote, there were five for Cedar and four for Marshall.
Councilmember Blakey extended his appreciation to the committee for their hard work. He said all three
streets are strong and excellent choices.
Councilmember Coleman suggested that communication take place with Minneapolis officials for their
input on renaming Lake Street if Marshall Avenue was to be the one chosen on the St. Paul side.
Councilmember Blakey extended his appreciation to the committee for their hard work. He said all three
streets are strong and excellent choices.
The City Council referred the renaming of Cedar Street and Marshall Avenue to the Heritage
Preservation Commission for their review and Cedar Street and Constitution Avenue were referred to
the Capitol Area Architectural and Planning Board for their review. A report back to the City Council on
August 14 was requested regarding their findings.
28. Resolution - 02 -626 - Honoring the members of the Dr. Martin Luther King, Jr. Street Renaming
Legislative Advisory Committee for their service to the City of Saint Paul.
Councilmember Blakey recognized the committee members for their hard and diligent work. He read the
resolution thanking the committee and introduced the committee members who were present.
Gerry Strathman, Council Research Director, recognized David Godfrey for the excellent work he did
with his involvement in this project
Councilmember Blakey moved approval
Adopted Yeas - 6 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
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SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PA UL LEGAL LEDGER
29. Final Adoption - 02 -549 - An ordinance memorializing City Council action approving the
application of Mark Steigauf to rezone property from RT -1 (Two - Family Residential) to B -2
(Community Business) to conform with existing business and building at 1645 Iglehart Avenue
(northeast corner at Pierce Street). (Public hearing held May 22, 2002)
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
30. Final Adoption - 02 -550 - An ordinance memorializing City Council action approving the
application, with a condition, of Loraine Mike to rezone property from RT -1 (Two - Family Residential)
to B -3 (General Business) to expand a legal nonconforming auto body shop at 388 Front Street and 955
Western Avenue (southwest corner at Front Street and Western Avenue). (Public hearing held May 22,
2002)
Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0
31. Final Adoption - 02 -551 - An ordinance memorializing City Council action approving the
application of David and Alison Kronmiller to rezone property from RM -2 (Multi - Family Residential)
to B -2C (Community Business - Converted) to allow a professional office at 1684 Selby Avenue
(between Pierce and Aldine Streets). (Public hearing held May 22, 2002)
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
32. Second Reading - 02 -612 - An ordinance amending Chapter 355 of the Saint Paul Legislative Code
requiring second hand dealers to report certain transactions.
Laid over to July 24 for third reading /public hearing
33. Second Reading - 02 -613 - An ordinance memorializing City Council action approving the
application of the Housing and Redevelopment Authority to rezone property from RT -2 to P -1 to
develop a parking lot at 615, 617, 621 & 623 York Avenue (north side between Payne Avenue and
Edgerton Street). (Public hearing held June 5, 2002)
Laid over to July 17 for third reading
Suspension Items
Councilmember Blakey moved suspension of the rules and approval of the following resolution:
Resolution - 02 -636 - Congratulating University UNITED on the occasion of their 25th Anniversary and
expressing gratitude to the thousands of people who have worked with them in making the University
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Avenue corridor a better place to live, shop, work and recreate.
Adopted Yeas - 6 Nays - 0
Councilmember Harris requested that the Administration provide an update on the status of the e-
governance project and the Stellant Technologies proposal at the City Council Meeting on July 17.
The meeting was recessed from 4:32 to 5:30 p.m.
Roll Call: Present - 4 Absent - 3 - Benanav (excused), Coleman, Harris (both arrived later in the
meeting)
PUBLIC HEARINGS
34. Third Reading - 02 -552 - An ordinance amending the interim ordinance adopted November 20,
2000, in Council File No. 01 -648, 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. (846 -898 Arcade Street)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Yeas - 4 Nays - 0
Laid over to July 17 for final adoption
(Coleman arrived)
35. Third Reading - 02 -570 - An ordinance establishing a new height limit for boulevard plantings of 36
inches, except for plantings within fifteen feet of any intersection or within five feet of any alley,
driveway approach or public utility fixture where plantings may not exceed the current height
requirement of twelve inches in height. (Substitute introduced on June 26)
Councilmember Lantry reported that Councilmember Benanav's office is working on some substitute
language that will be introduced on July 17.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Yeas - 5 Nays -0
Laid over to July 17 for final adoption
(Harris arrived)
36. Resolution - 02 -586 - Approving a Neighborhood STAR Loan for the Culver's Restaurant project.
(Laid over from June 26)
Dave Gontarek, Department of Planning and Economic Development, said this is a straight loan, 20-
year amortized, and which balloons in ten years. It's at 1% over prime. The private financing is a
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combination from Western Bank and the Small Business Administration.
Councilmember Lantry said the reason this is coming during an out -of -cycle STAR loan period is
because of the timing of the purchase of the property. She felt if the city had waited any longer, the
whole deal may have been jeopardized because there was a willing seller and a willing buyer at this
time.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
37. Resolution - 02 -627 - Approving the modifications of the University Avenue /TH 280 Tax Increment
Financing Plan to create a Hazardous Substance Sub - District.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
38. Resolution - 02 -628 - Granting a sound level variance to Jeff Buswell, representing Rose Presents,
for live outdoor band music on multiple small stages at Harriet Island Park on July 28, 2002, from 12:00
noon to 8:30 p.m. during the Warped Festival.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
39. Resolution - 02 -629 - Ordering the owner to remove or repair the building at 291 Burgess Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, reported that no one appeared at the Legislative Hearing;
therefore, he recommended approval.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
40. Final Order - 02 -630 - In the matter of sidewalk reconstruction on both sides of West Winifred Street
from Charlton to Bellows Streets (502106), and both sides of Van Buren Avenue from North Fairview
Avenue to Aldine Street and the east side of North Fairview Avenue from Van Buren to West
Minnehaha Avenues. (502111). (Laid over from June 26)
Leslie Goranson, 1730 Van Buren Avenue, appeared and said presently in her community they have
matching city grant funds available for the constituents to use for replacing the lead water utility from
their property line to the boulevard. She felt there would be some overlapping efforts as well as
expenditures of tax dollars to replace sidewalks at this time and then in a short period of time replace
them again. Her property would be initially exempt from coverage because she is going to be having the
city water done and then she would be working with the Water Department as well as Public Works
Sidewalk Division to put her sidewalk in later. Also, the Water Utility will come out and mark where the
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water lines would be. If they are looking at replacing a particular sidewalk panel that would be directly
affected, the property owner will be notified and if they hear from them, they will not do that particular
panel but will come back when the project is done.
Ms. Goranson recognized Gerry Tvedt of the Sidewalk Division, Larry Lueth, Street Division, Gerry
Strauss, Water Utility, and Ella Thayer and Jane Prince of Council- member Benanav's Office for their
assistance.
Councilmember Lantry said that on Order No. 502111 the order will stand except for the sidewalk in
front of 1730 Van Buren. Also, Larry Lueth has agreed to contact all homeowners in that area so they
can coordinate any utility work that has to be done.
Councilmember Harris said he would like to see that Public Works would try to use this method when
dealing with all sidewalk reconstruction
Councilmember Lantry moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
41. Final Order - 02 -631 - In the matter of improvements for the Downtown Streetscape Project, Phase
2A, consisting of the total reconstruction of the streets, new curb, gutter, catch basins, clay pavers, new
street lighting and streetscape for Fourth Street West, Market Street and Washington Street. (File
418996A)
Beth O'Connor, representing the Hill Library, appeared. The library was assessed $32,740 for the
Market Street Project, they are being assessed $14,000 for the Kellogg Boulevard Project, and are
expecting to be assessed for the Fourth Street tunnel construction. She asked the Council if the Library's
assessments could be lowered saying it's a heavy burden for a non -profit library to incur.
Peter White, Real Estate Division, said this is the third phase of the Downtown Streetscape Project.
Before the Council at this time was the estimate of the assessment for the Market Street side of the
project. He said they are following the policy on assessing properties. They are assessed based on the
front footage abutting the improvement which is the policy that was followed on all of the downtown
projects. Mr. White recommended to the Council that they continue to follow that policy. He noted that
on the Fourth Street side there is no assessment proposed for the tunnel or for any of the work that is
being done on the Fourth Street side of the library.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
42. Final Order - 02 -632 - In the matter of improvements for the Downtown Streetscape Project, Phase
213, consisting of the total reconstruction of the streets and intersection for Fifth Street West, Market
Street and Intersection at Sixth Street West and St. Peter Street. (File 418996B)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
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43. Resolution Ratifying Assessment - 02 -633 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) at 1140 Albemarle, 962 Burr Street and 814
Aurora Avenue. (J0202AA)
Legislative Hearing Officer recommends:
1140 Albemarle Street - approval of the assessment
962 Burr Street - reduce the assessment from $298 to $153 plus the $45 service fee for a total
assessment of $198
814 Aurora Avenue - approval of the assessment
No one appeared in opposition; Councilmember Lantry 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
44. Public hearing to consider the appeal of Marathon Ashland Petroleum, LLC, to a decision of the
Planning Commission upholding an appeal by Summit Hill Association /District 16 and requiring reader
board sign to be removed at 925 Grand Avenue (northwest corner at Milton Street).
Yang Zhang, Department of Planning and Economic Development, presented a staff report. In July,
Marathon Ashland Petroleum submitted an application for a special condition use permit to operate an
auto convenience market at 925 Grand Avenue. Both the Special Condition Use Permit and the Site Plan
submitted were approved by the City. In January, the Summit Hill Association/District 16 Community
Council wrote to Wendy Lane, the City's Zoning Administrator, questioning whether the reader board
sign that is on the south wall of the station is consistent with the Grand Avenue Special Sign District
Plan and whether it was an advertising sign. The Zoning Administrator's Office determined that the sign
is not an advertising sign because it did not advertise brand names but merely indicates the type of
products that are sold on the premise.
On February 14 the Summit Hill Association appealed the decision of the Zoning Administrator based
on the Grand Avenue Special Sign District Plan which states that business signs shall not advertise a
product and advertising signs are not permitted on Grand Avenue.
The Zoning Committee held a public hearing on April 4 at which time they recommended denial of the
appeal on a vote of 5 -2. The Planning Commission heard the case on April 12 and referred the matter
back to the Zoning Committee on a vote of 7 -5. The Zoning Committee met again on April 17 and laid
the case over in order to give the two parties more time to try to come to an agreement. Another public
hearing was held on May 2 by the Zoning Committee, however, no agreement was reached between
Marathon and the Summit Hill Association. The Zoning Committee voted 4 -0 to make no
recommendation.
At the Planning Commission's meeting of May 10, a motion was made to approve the staff
recommendation and uphold the appeal in part while allowing the reader board to remain after changing
the color scheme to a color that is more conforming and compatible with the neighborhood. After further
discussion, that motion was amended to say that the reader board shall be removed within 30 days. That
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amendment passed on a vote of 10 -6 and the main motion then passed unanimously which is what
brought them to the appeal at this time.
Scott Carlson, Attorney for Marathon Ashland Petroleum, Rebecca Walsh, Project Manager, and Mark
Erickson, District Manager, appeared. Mr. Carlson said the appeal of District 16 is flawed for several
reasons. The reader board sign is under the definition of the Code as well as the Special Sign District. A
business sign is not an advertising sign, he said. The appeal that District 16 put forth was based upon a
"tortured reading" of what the zoning plan requires. District 16 said that the sign advertised commodities
which weren't manufactured on the premises. Under the Code, the definition of a business sign is "a
sign which directs attention to a business, profession, commodity, service, or entertainment which is
conducted, offered, or sold on the premises upon which the sign is placed and that is precisely what this
reader board does, Mr. Carlson said. An earlier staff report made an observation whereby they said that a
sign which advertises gasoline prices would be a permitted use because it is advertising a product
(gasoline) that is being sold on the premises. Staff concluded that the city could not restrict
SuperAmerica from advertising gasoline prices because in staffs' minds, SuperAmerica is a gasoline
station. However, he said he felt they needed to dispel the traditional notion of what a gas station is. This
is not a gas station, it is a convenience store and they sell all kinds of commodities. Those commodities
are advertised on a reader board. To draw a distinction between the signs that advertise gasoline and the
reader board that advertises the other commodities that are being sold is disingenuous.
SuperAmerica put forth detailed plans and submitted them as part of the development of this site. In
those plans is the detail of the sign that went up. They fully disclosed during the permit process that
there was going to be a reader board and also disclosed the back lighting, how the reader board was
going to operate, how it was going to be illuminated, and how it was going to operate with change of
letters. Based upon that full disclosure, the city issued SuperAmerica a permit and the store was
constructed and the sign was installed as indicated on the plans. The store is up and there is nothing left
to be done under the permit rights that were granted by the City of St. Paul. As such, SuperAmerica has
a vested interest as a matter of law in the reader board and cannot be required to remove it at this time.
After the Zoning Committee voted to deny the appeal, the matter went to the Planning Commission and
they asked the parties to get together to try to work out a compromise. The compromise mentioned by
staff was to change the color scheme of the reader board so that it was more compatible with the
neighborhood. Mr. Carlson said they attended a meeting with District 16 with that specific proposal in
mind and District 16 would hear nothing of a compromise. District 16's position has been and still is that
the sign be taken down.
Laurie Brostrom, Vice President of the Summit Hill Association and a member of the Zoning and Land
Use Committee, appeared. She said the sign guidelines are very clear that both the design and the
content of the reader board sign are not in conformance. She displayed an illustration from the sign
guidelines which specifically says that advertising a branded product is prohibited. In terms of the intent
and the letter of the business language, it would indicate that they sold gasoline and they were a
convenience store. Advertising the things that they do advertise is specifically prohibited. Ms. Brostrom
distributed pictures of the reader board which she says clearly advertises branded merchandise and not
commodities.
The conformance with the sign guidelines was specifically addressed by the Zoning and Land Use
Committee early in their discussions with Marathon Ashland. It was pointed out as early as March 29,
2001, that the sign conformance was an issue for them. Under signage it says "signs will be consistent
with the Grand Avenue Sign Guidelines" and District 16 was assured that they would be. As they
proceeded further along in the process, they specifically addressed the issue of the reader board and that
was acknowledged by Brian Lafrenier of Marathon Ashland. This has been an issued that District 16 has
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been addressing all along, Ms. Brostrom said, to the point where they did meet to try to reach a
compromise. The position of the Summit Hill Association has been consistent that this is not something
that they wish to compromise. The guidelines are in place for very specific reasons and it would be
unfair to the other businesses on Grand Avenue should they start to allow a number of exemptions. The
larger issue for the Summit Hill Association is the one of enforcing the guidelines. There are some
businesses on Grand Avenue that are non - conforming although not to the degree that SuperAmerica is
with the reader board.
Councilmember Coleman moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Coleman moved to deny the appeal. He noted that the courts overturned a Council
decision made a few years ago on an issue also related to a sign on a downtown building and he feels
this is fairly consistent with that same issue.
Councilmember Blakey said there is a city process that has to be followed to put up a sign and he
assumed staff in Licensing gave the go -ahead when issuing the permit.
Yang Zhang responded that Wendy Lane was at the Planning Commission meeting when the same issue
was discussed and she stated because of staff shortage and because of the 17 different design and sign
districts in the city, they are lacking people to trace all of them. This sign was slightly different in that
Ms. Lane determined that it is conforming because it did not specify brand names. It was a difference in
opinion among staff.
Councilmember Blakey said if city staff is giving approval to putg up a sign, a venor should not later be
told they have to take it down. Saying the city does not have enough staff is not SuperAmerica's
problem, he said.
Ms. Zhang said the Summit Hill Association raised two issues: 1) the message, and 2) that the color is
not compatible with the neighborhood. SuperAmerica has said they are willing to change the color.
Councilmember Reiter raised concern about the mandates that the city and the neighbors are trying to
impose regarding the board that had been approved.
Council President Bostrom said it appears that the sign is set back at a distance from the roadway and it
appears reasonable.
Councilmember Coleman said the sign is advertising specific products inside the store which is not
permitted under the Special Sign District. Also, the Council is not deciding whose fault this was that it
was approved, they are deciding whether it's allowed under the Special Sign District and he does not
think it is allowed.
Motion Failed Yeas - 2 Nays - 4 (Blakey, Bostrom, Harris, Reiter)
Councilmember Blakey moved to grant the appeal.
Motion of Intent - Appeal granted Yeas - 4 Nays - 2 (Coleman, Lantry)
45. Public hearing to consider the City Council's decision of Council File 01 -760 regarding Manoucher
Rostamkhani v. the City of Saint Paul. (790 Selby Avenue)
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Nancy Anderson, Assistant Secretary to the Council, indicated that a communication was received from
Timothy Cook, the attorney in this matter, requesting a layover to August 28. The City Attorney's
Office has not objection.
Councilmember Blakey moved to lay over to August 28.
Public hearing laid over to August 28. Yeas - 6 Nays - 0
Councilmember Reiter moved to adjourn the meeting.
Yeas - 6 Nays -0
ADJOURNED AT 6:25 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson August 7, 2002
Assistant Council Secretary
mce
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