Approved Minutes 7-24-2002Page 1 of 23
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 24, 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
• Suspension Item
• Ordinances
• Suspension Items
• Public Hearings
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 4 - Blakey, Bostrom, Lantry, Reiter
Absent - 3 - Benanav, Coleman (both arrived after the consent agenda),
Harris (arrived after roll call)
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 COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
Councilmember Blakey moved approval of the consent agenda as amended.
Yeas - 5 Nays -0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
The following communications were read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 7, 2002, to consider the application of Mick Sterling,
representing Rolling River Music and Film Festival, to allow live band music and sound for film
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projection at Harriet Island from 5:00 p.m. to 10:00 p.m. on September 19th, from 3:00 p.m. to 10:30
p.m. on September 20th, from 1:00 p.m. to 10:30 p.m. on September 21st and from 1:00 p.m. to 10:00
p.m. on September 22, 2002; and at Raspberry Island from 6:00 p.m. to 10:00 p.m. on September 18th,
from 5:00 p.m. to 10:00 p.m. on September 19th, from 3:00 p.m. to 10:30 p.m. on September 20th, from
1:00 p.m. to 10:30 p.m. on September 21st and from 1:00 p.m. to 10:00 p.m. on September 22, 2002.
Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 7, 2002, to consider the application of Mick Sterling,
representing Rolling River Music and Film Festival to allow live band music and sound for film
projection on stage at Mears Park from 5:00 p.m. to 10:00 p.m. on September 18th and from 12:00 p.m.
to 6:00 p.m. on October 21, 2002.
1. Claims of Borgstrom Pharmacy, CNA Insurance Company (for Juut Holdings, Inc.), David Hall,
James Kasten, Rick Mariano, Mary Rucci, and Jeffery Tharp /Lori Morrison.
Referred to the Risk Management Division
2. Letter from the Office of the City Attorney announcing the continuance of a hearing before an
Administrative Law Judge from July 9, 2002, to August 1, 2002 at 9:30 a.m., Room 40 -13, Saint Paul
City Hall, to consider all licenses held by Dinner Club 2000, Inc., dba Dinner Club 2000.
3. Letter from the Office of the City Attorney recommending revocation of the provisional taxicab
driver's license of Randall Vidmar based upon his failure to enroll in and successfully complete a
taxicab driver training course.
4. Administrative Orders:
D002175 Extending the contract completion date for the Maryland- Arcade Channelization Project from
July 20, 2001 to September 15, 2001.
D002176 Extending the contract completion date for the Ogden- Winthrop Sanitary Sewer Project from
May 17, 2002 to June 15, 2002.
Noted as on file in the City Clerk's Office
FOR ACTION
5. Approval of minutes of June 19, June 26, and July 3, 2002.
Adopted Yeas - 5 Nays - 0
6. Resolution - 02 -654 - Approving the Memorandum of Agreement between the City of Saint Paul and
the International Brotherhood of Electrical Workers, Local 110 for the 2002 Wage and Fringe
Adjustment. (To be laid over one week for adoption)
Laid over to August 7
7. Resolution - 02 -640 - Denying the application of Juan Fuentes, Jr., dba Auto Repair Santiago, for an
Auto Repair Garage License at 629 Jenks Avenue. (Laid over from July 17)
Adopted Yeas - 5 Nays - 0
8. Resolution - 02 -641 - Memorializing City Council action denying the Auto Repair Garage License
application by Juan J. Villanueva, dba Villa's Auto Mechanic, 801 7th Street East. (Public hearing held
on May 1) (Laid over from July 17)
Adopted Yeas - 5 Nays - 0
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9. Resolution - 02 -655 - Approving the application for an Auto Repair Garage License by Maysee Lee,
dba MCTire Service, 1202 Dale Street North. (Legislative Hearing Officer recommends approval, with
conditions)
Adopted Yeas - 5 Nays - 0
10. Resolution - 02 -656 - Concerning adverse action against the Cigarette /Tobacco license held by Gene
R. Josephs, dba Joseph's Market, 736 Oakdale Avenue.
Adopted Yeas - 5 Nays - 0
11. Resolution - 02 -657 - Suspending the Sidewalk Contractor License held by Lawrence Pribyl, dba
Muller Pribyl Utilities, Inc.
Adopted Yeas - 5 Nays - 0
12. Resolution - 02 -658 - Suspending the Massage Practitioner's License held by Kimberly J. Bennis,
165 Western Avenue North.
Adopted Yeas - 5 Nays - 0
13. Resolution - 02 -659 - Denying the off -sale liquor license application by Anita Keo, dba Seven Bears
Liquor, 848 White Bear Avenue.
Adopted Yeas - 5 Nays - 0
14. Resolution - 02 -660 - Memorializing City Council action denying the appeal of Grand Investors
2001 to a decision of the Planning Commission denying the site plan for a new commercial building and
parking lot at 1060 Grand Avenue. (Public hearing held on June 5, 2002)
Adopted Yeas - 5 Nays - 0
15. Resolution - 02 -661 - Authorizing the Division of Parks and Recreation to commence participation
in the Commission for the Accreditation of Parks and Recreation Agencies (CAPRA) program.
Adopted Yeas - 5 Nays - 0
16. Resolution - 02 -662 - Authorizing payment of $10,000.00 to the property owner of Lot 7, Block 11,
Stinson's Addition to the City of St. Paul (Clark Street near Bush Avenue) to acquire fee title to the
property which is necessary for the Phalen Boulevard project.
Adopted Yeas - 5 Nays - 0
17. Resolution - 02 -663 - Approving the release of utility easements and other conditions on previously
vacated property near Phalen Boulevard and Johnson Parkway for the construction of a 59 -unit senior
housing cooperative by Realife, Inc.
Adopted Yeas - 5 Nays - 0
18. Resolution - 02 -664 - Amending the description of a vacated portion of Pleasant Avenue in Council
File No. 97 -1453 as requested by the petitioner, James Sorenson, and the Department of Public Works.
Adopted Yeas - 5 Nays - 0
19. Preliminary Order - 02 -665 - In the matter of the operating costs for above standard street lighting
projects for 2003 in Wards 1, 2, 3, 4 and 7, and setting date of public hearing for September 4, 2002.
Adopted Yeas - 5 Nays - 0
20. Resolution Approving Assessment - 02 -666 - In the matter of the assessment of benefits, cost and
expenses for installation of bituminous roadway, concrete curb and gutter, concrete driveway aprons and
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outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system, and all other
work necessary for the Hoyt /Merrill RSVP Paving and Lighting Project, and setting date of public
hearing for September 25, 2002. (File No. 18956)
Adopted Yeas - 5 Nays - 0
21. Resolution Approving Assessment - 02 -667 - In the matter of operating costs for above standard
lighting projects for 2002, and setting date of public hearing for September 4, 2002.
Adopted Yeas - 5 Nays - 0
22. Resolution Approving Assessment - 02 -668 - In the matter of the assessment of benefits, costs and
expenses for the Case /Hazelwood Area Paving and Lighting project, and setting date of public hearing
for September 4, 2002. (File No. 18929)
Adopted Yeas - 5 Nays - 0
23. Resolution Approving Assessment - 02 -669 - In the matter of the assessment of benefits, cost and
expenses for the improvement of the St. Clair Avenue /Cliff Street Area Street Paving and Lighting
project, and setting date of public hearing for October 2, 2002. (File No. 18958)
Adopted Yeas -5 Nays - 0
FOR DISCUSSION
(Benanav & Coleman arrived)
24. Update from Al Shetka, Department of Public Works, on the following issues pertaining to the
environmental and traffic impact study of the one -year test of the Ayd Mill Road connection to Interstate
35E: (Laid over from July 3)
Traffic volume information in order to determine which intersections should be monitored;
Responses to additional questions requested at the June 12 City Council Meeting (not included in
Council File 02 -531);
Report on speeding /traffic violations on Ayd Mill Road.
Mr. Shetka distributed material with information on 19 of the 48 locations that are being counted in both
directions. The 19 are key locations and the counts on the remaining ones will be completed shortly. He
said they are not seeing anything that is a surprise or any inherent problems that were not anticipated.
Councilmember Blakey asked about Lexington Avenue. Mr. Shetka said they have a key count of four
locations that will be counted monthly and Lexington, south of Jefferson, is one of them.
Bill Martinez, Police Department, Commander of the Traffic Unit, distributed handouts and talked about
enforcement efforts on Ayd Mill Road. They are running enforcement from 6:00 -9:00 a.m. and 3:00-
6:00 p.m. The first two weeks there were five officers assigned. When traffic volumes started to even
out and tagging activity decreased, three officers were assigned for both morning and afternoon. Starting
on June 12 through the week of July 8, 484 citations were issued. Of those, 345 were for speed and 139
were other miscellaneous citations. They are concentrating on Ayd Mill Road but are also monitoring
the south end from St. Clair Avenue to the freeway and Oxford to Snelling trying to address some of the
complaints of neighborhoods about traffic volumes.
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An additional update will be presented on August 21.
Susbension Items
Councilmember Blakey moved suspension of the rules to introduce resolutions 02 -685 and
02 -686. Yeas - 7 Nays - 0
Resolution - 02 -685 - Establishing a 2002 financing and spending plan for Saint Paul Police Department
services provided to Amherst H. Wilder Foundation for the Summit University Weed and Seed site.
Commander John Harrington, Western District, talked about this resolution and the following one. Both
areas are in his district. They have been involved in an on -going partnership through the Executive
Office of Weed and Seed and the Office of Drug Policy to provide additional dollars for crime control
and community policing and neighborhood revitalization in those areas. They have a contract with each
of the two neighborhood groups. Wilder is the fiscal agent to provide additional funding to the Police
Department to allow for on -going criminal investigations on narcotics, guns and drug trafficking,
provide additional police presence in terms of directing patrol and to work with community groups in
developing neighborhoods' capacity.
Councilmember Harris noted that the staffing is all overtime and asked if it would be better to hire an
officer or if there was concern that the funding may not be matched in subsequent years. Commander
Harrington said the funding is not constant. They have funding for one more year with Summit
University, they have to get a recertification from the executive office of Weed and Seed, and they have
two more years for the Frogtown Thomas -Dale project, so there is no long -term funding and the funding
has changed for the number of hours every year.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
Resolution - 02 -686 - Establishing a 2002 financing and spending plan for Saint Paul Police Department
services provided to Amherst H. Wilder Foundation for the Thomas /Dale - Frogtown Weed and Seed site.
(Discussion under Resolution 02 -685)
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 02 -687 - Approving the July 23, 2002, decision of the Legislative Hearing Officer on
Property Code Enforcement Appeal for 963 Seventh Street West.
Gerry Strathman, Legislative Hearing Officer, explained this is a commercial property which was
condemned some time ago by the Fire Department because the sidewalk is collapsing and they feared
that a wall would collapse. The owners filed an appeal which was heard at a Legislative Hearing at
which time they asked for additional time to find a remedy. At a follow -up hearing on July 23, the Fire
Department reported that the wall had collapsed. They believed this was a public safety hazard and
asked that the appeal be denied so they can proceed with condemnation.
Adopted Yeas - 7 Nays - 0
25. Report from the City Attorney's Office and Council Research on the policy and education campaign
they developed on Anti - Predatory Lending. (Requested by Council on June 12)
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Councilmember Blakey moved to lay over four weeks.
Laid over to August 21 Yeas - 7 Nays - 0
26. Report from Gerry Strathman, Council Research Director, and Holly Hansen, Cable Officer,
regarding the request to transfer control of the cable franchise from AT &T Broadband to AT &T
Comcast Corporation. (Public hearings held on May 1 and June 26 and laid over from July 17)
(Resolution will be presented for action)
A report was presented by Gerry Strathman and Holly Hansen. Mr. Strathman reported that at this time
an agreement was not finalized, but was still being worked on. The discussion continued prior to the
public hearings.
Gerry Strathman said staff was now prepared to recommend that Council approve the cable transfer. The
parent corporation for the St. Paul cable television franchise, AT &T Broadband, has entered into
agreement with another cable television company called Comcast Corporation. The proposed merger is
scheduled to take place later this year. This constitutes a change of control under the St. Paul cable
franchise and all changes of control require approval by the City Council.
A public hearing was held earlier by the City Council on this matter. City staff have been reviewing the
application and have engaged in extensive discussions with the company representatives regarding the
potential impacts of the proposed merger on the City of St. Paul. The main issue in the agreements are
that the company reaffirms its obligation to fulfill all current franchise obligations. City staff has some
outstanding issues with the current company and it is staffs view that it is best that these matters be
resolved prior to the change in control.
Staff recommended that the Council approve the proposed change of control subject to the conditions
that provide the city with legally binding assurances that the merger will not negatively affect St. Paul. If
there are substantial changes or new or undisclosed conditions harming St. Paul, the city is not bound.
The company has also provided representation for the warranties that the merger will not harm the city
or cable subscribers in the city. They have agreed that the merger will not result in a rate increase, will
not result in a reduction in customer service, and will not result in reduced system maintenance or
repairs. In addition, the company has agreed to pay city costs related to this transaction up to $25,000.
The company has also agreed to undertake a program to test and, if necessary, remedy any violations in
safety codes involving cable drops at customer locations. The company will pay for city costs related to
this testing and verification. They have agreed to maintain a financial guarantee that's at least
equivalent to the one that is currently being provided. They have agreed that they will maintain at least
17 percent of their Twin Cities labor force in the City of St. Paul.
Mr. Strathman said in addition to the above terms, the city and the cable company have been discussing
for almost a year certain compliance issues with regard to customer service. It has been the city's view
that there were serious customer service problems last year and staff has been seeking to resolve that
dispute. An agreement, in the form of a letter, was prepared that would resolve this dispute. The
company is agreeing to provide video production services to the City of St. Paul to develop public
service spots up to $10,000 in value and they will also agree to play them on cable channels that the city
would select at no cost to the city up to a value of $40,000. The company also agrees to provide the city
with the necessary fibers to facilitate the city's telecommunications with other jurisdictions.
Mr. Strathman said the resolution that was prepared (below) would authorize execution of the agreement
release and letter by the appropriate city officials.
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A brief question and answer period ensued.
Councilmember Benanav moved suspension of the rules to introduce the following resolution:
Yeas - 6 Nays - 0 (Coleman not present)
Resolution - 02 -690 - Approving the change of control of the Saint Paul Cable Franchise from AT &T
Broadband to AT &T /Comcast.
Dave Seykora, representing AT &T Broadband and Comcast, appeared and confirmed that is it their
intention to sign the contract.
Councilmember Benanav moved approval.
Adopted Yeas - 6 Nays - 0 (Coleman not present)
27. Update from the Administration on the status of the e- governance project and the Stellant
Technologies proposal. (Update requested by the City Council on July 10 and laid over from July 17.)
Peter Hames, Director, Department of Technology and Management Services, provided a letter to
Councilmembers with an update on the e- governance project. In the 2002 budget, the Council approved
a project of $800,000 to upgrade the city's Web site and Web pages through the purchase of hardware
improvements and software called Content Management which provide a systematic way of insuring
that the Web site and Web pages became consistent with one another and followed a similar format to
one another. It would also represent a change from a kind of "bulletin board" approach to the Web site to
a more "intention based" Web site. Visitors and residents would be asked what kind of business they
want to do with the city and would be directed to the proper place. This Web page is the second
generation of Web page approaches that would be bought with the Content Management software
package.
The split was based upon the work that the Born Company did for the city. About $5,000 would go for
the purchase of the Content Management software and $300,000 would go to infrastructure
improvements to the hardware network. Some of the improvements to the network should be made
regardless of which Content Management software program is bought.
Mr. Hames said they went through a RFP process which designated a vendor to be the winner of that bid
and then that selection was placed on hold through a combination of City Council and Mayoral action.
When Mayor Kelly took office and was looking at reductions in State and Local Government Aid, he
put a freeze on major expenditures by the administration and this was one of the projects in the freeze.
Therefore, Content Management software was not purchased and that part of the budget remains on
hold. The Mayor did agree to free up some of the spending for the infrastructure improvements to the
computer network. About $200,000 of the $300,000 has been spent that was allocated for that purpose.
Mr. Hames said he has subsequently recommended to the Mayor that they are now ready to go forward
but because of the passage of time and changes in the city's Web page and the understanding of the way
the world -wide web works and the way the city wants its system to work, he has recommended that the
existing RFP process be terminated, that the RFP be rewritten in light of what has been learned in the
past, and reissue the RFP. He said he would expect that within about three months they would have new
replies back and a decision could be made on the Content Management software within four months and
they could proceed to implement the project. The Mayor has given his approval to go forward with that.
Councilmember Blakey asked about the contract with Stellant. Mr. Hames said he spoke with a
representative from Stellant on this date and explained what the city was going to do and that they are
welcome to respond to the new RFP.
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Councilmember Lantry asked how much money has been set aside in the 2003 budget for this project.
Mr. Hames responded that there is nothing in the 2003 budget because it is expected it will be taken care
of this year. If the project is not finished this year, the funds would be encumbered so it would go into
2003. He did not anticipate that more funding would be needed but if the RFP came back with replies
that would require more money, a request would have to come back to the Council.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
28. Final Adoption - 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)
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
29. Second Reading - 02 -653 - An ordinance amending Saint Paul Legislative Code Chapter 293
pertaining to noise regulations.
Councilmember Lantry introduced substitute language and requested that the City Attorney's Office
prepare a written report and distribute it to Councilmembers prior to their next Council meeting and also
make a presentation at the public hearing on August 7 clarifying why the changes to this ordinance are
necessary and what the net result will be.
Amended and laid over to August 7 for third reading /public hearing.
Suspension Items
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 02 -688 - Suspending the license held by Dinner Club 2000, Inc., dba Dinner Club 2000,
1177 Clarence Street, for a period of one day and also adopting the Findings of Fact, Conclusions and
Recommendation of the Administrative Law Judge.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 02 -689 - Approving the appointment of Robert Davis and the reappointments of Lorrie
Louder, Thomas Macy, Donovan Schwichtenberg, James Smith, Charlotte Strong -Bovee and Ellen
Watters, by Mayor Kelly, to the Workforce Investment Board.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey requested an update from Ramsey County regarding the County /City
consolidation status of the Workforce Development function at the City Council Meeting on August 21.
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Councilmember Lantry also requested the Administration to provide written information as to the
number of vacancies still available for appointments to the Workforce Investment Board.
The meeting was recessed from 4:20 to 5:35 p.m.
Roll Call: Present - 6 Absent - 1 (Coleman - arrived after roll call)
PUBLIC HEARINGS
(Councilmember Reiter was excused from the meeting)
30. Third Reading - 02 -612 - An ordinance amending Chapter 355 of the Saint Paul Legislative Code
requiring second hand dealers to report certain transactions.
Council President Bostrom said that Sergeant Mike Simmons, Police Vice Unit, met on this date with
some antique dealers and substitute language was prepared.
Council President Bostrom asked Sgt. Simmons to gave a report as to why the Police Department has
asked for the changes in the second hand dealers ordinance. Sgt. Simmons said his duties are to overlook
the pawn shops in the city and the second hand dealers ordinances. He said why they need the proposed
second hand dealer regulations is that from an investigative perspective the regulations are long overdue.
There are 85 second hand dealers in the city and four multiple dealers with another 100 dealers that
work through the multiple dealers. Antique Minnesota on University and Lexington is a prime example.
Under current regulations there are no reporting requirements for the second hand dealers. A dealer can
buy and sell merchandise without having to show anyone what was purchased and who it was purchased
from. There is a recording regulation that says if a dealer pays over $50.00 for an item they have to
record it but not report it. He gave an example that if he feels someone is dealing in stolen property with
a second hand dealer, if he asks at the store where it came from and the dealer says he did not pay
$50.00 for it, no information has to be provided. He said he may be able to determine if an item was
stolen and maybe get the property back but he would never be able to backtrack to find out who sold the
property to the store.
Sgt. Simmons said the best way to deal with this to have a reporting system that allows the police to
monitor and check specific items. He distributed a handout of the language changes that were prepared
by him and Assistant City Attorney Virginia Palmer. He dealt with a number of antique dealers and they
were very specific with what they have asked to be reported which includes some of the most commonly
stolen items. He said it's also important to know who's bringing in the items because if a thief has over
100 stores to sell to, suspicion may never be aroused at a particular store because the thief does not have
to go to them regularly. Under the proposed regulations, they will be able to check who is selling what
items and what's being sold.
Appearing to address the issue were:
Mr. Buche, J & E Antiques, 1000 Arcade Street
Wally Wescott, Wescott's Antiques, 226 West 7th Street
Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Lantry moved approval of the amended language Yeas - 6 Nays - 0
Substitute amended and laid over to August 7 for final adoption
Councilmember Coleman suggested that the additional language be sent to the 82 licensees. Sgt.
Simmons agreed to send a letter notifying the dealers of the Council's action.
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(Harris left)
31. Resolution - 02 -289 - Ordering the owner to remove or repair the building at 860 Euclid Street
within fifteen (15) days from adoption of resolution. (Laid over from April 3) (Legislative Hearing
Officer recommends laying over to the October 8, 2002, Legislative Hearing and the October 23, 2002,
City Council Meeting)
Gerry Strathman, Legislative Hearing Officer, reported that this property is in the process of
rehabilitation, good progress is being made and it is expected to be completed within 60 days. A layover
would allow for the rehabilitation to be completed.
Councilmember Lantry moved to lay over to October 23.
Laid over to October 23 Yeas - 5 Nays - 0 (Harris not present)
(Harris returned)
32. Report of the Administrative Law Judge concerning the application of Otis Taylor for a Saint Paul
Taxicab Driver's License.
Nancy Anderson, Assistant Secretary to the City Council, noted that a letter was sent to the Council
from Virginia Palmer, Assistant City Attorney, indicating that the Office of LIEP is asking that the
Council adopt the report of the Administrative Law Judge in its entirety and accept the recommendation
denying the license.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and adopt the
Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge (license denied)
Yeas - 6 Nays -0
33. Resolution - 02 -670 - Approving 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.
Bill Gunther, Office of License, Inspections and Environmental Protection, appeared and said this is
same event that was held last year. Forty -five postcards were sent out to neighbors. No negative
comments were received and one letter of support was received from the Phalen -Payne District 5
Planning Council.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
34. Resolution - 02 -671 - Approving the petition of Saint Paul Family Project Limited Partnership to
vacate the alley turnaround in Block 19, Gurney Park, as the site will be developed into affordable
multi - family housing and green area.
Peter White, Real Estate Division, appeared and reported this is a vacation of right -of -way near Jackson
Street. He showed a map of the affected area and said the alley vacation will not affect transportation in
the area. No objections were received from the Utilities or City Departments and he recommended
approval.
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No one appeared in opposition; Councilmember Lantry moved to close the public hearing
Adopted Yeas - 6 Nays - 0
35. Public hearing to consider granting 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.
e4o pt+he be taken-, pt+he hearing to be laid over to Angnst -28) (Resolution will be
introduced under suspension)
Peter White, Real Estate Division, stated that up until a few months ago the Highway Department had
some right -of -way in the area of St. Clair Avenue and I -35E. They turned back part of that right -of -way
to the city. There is a proposed development for senior housing. There is a large hill in the area with dirt
that was dug out by the Highway Department while they were doing 35E highway construction. The
developer wants to put the dirt across the road and the Highway Department and the Department of
Planning and Economic Development are willing to do that. The proposal is to vacate the city's interest
in that property that was given to the city by the Highway Department. The city will turn it over to the
Housing and Redevelopment Authority who will turn it over to the developer. City departments and
utilities have been contacted and there is no objection.
Mr. White stated a resolution was to be introduced and he noted an amendment was necessary to Line
12 of the resolution to correct the dimensions.
Councilmember Coleman moved suspension of the rules and approval of the following resolution as
amended.
Resolution - 02 -691 - Approving 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.
In response to a question of Councilmember Harris, Peter White said there is no vacation of any park
land. Part of Toronto Street that vacates will become park land and will be taken up at another time.
Adopted as amended Yeas - 6 Nays - 0
49. Public hearing 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)
John Hardwick, Office of License, Inspections and Environmental Protection (LISP), representing the
Zoning Administration, presented a staff report. On June 10, 2002, following a public hearing, the Board
of Zoning Appeals granted three variances in order to allow construction of an 88 -unit senior apartment
building. The variances that were granted were one for lot size; one for a front setback, and one for a
side setback. In March, 2000, the Board of Zoning Appeals granted four variances for condominiums
rather than rental units.
At the public hearing, staff presented the findings with a recommendation for approval. At that time,
there was no recommendation from District 9 although they had supported the original project in 2000.
The Board approved the variances on a 4 -1 vote with one member abstaining. The appellant, Andrew
Koebrick, filed an appeal alleging that the Board erred in their findings.
Andrew Koebrick, appellant, appeared and requested that the variances that were granted to the
developer be looked at again in light of information that was not available to the Board of Zoning
Appeals. By seeking a reversal of the variances, Koebrick said he is not speaking against housing on this
site but rather that the developer be held to the same zoning laws as everyone else and for the betterment
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of the park which borders it and for the betterment of the neighborhood. He said he would like to see it
scaled back slightly in size so it's more in keeping with the neighborhood, the safety of the area, and that
it doesn't encroach upon the adjacent park land. Mr. Koebrick distributed a printout of his responses to
the staff report which he reviewed.
Terry Williams, 524 Superior Street, also spoke against the variances and the 15 foot buffer by the park.
Phillip Drexler, Toronto Street, said he was in opposition to the project because the size and scale of the
building is going to make it visible for blocks. He said he would have no objection if they went back to
the original zoning for townhomes which would fit in with the character of the neighborhood. The
apartment project will have a negative impact on property values.
Heidi Farnum, 814 Holly, said this is a very pretty corner. There is open space on both sides, the park is
well used and she felt it would be a shame to completely change the look of the park by providing the
developer with the variances.
Appearing against the appeal:
Wally Johnson, the developer, said the condominium project which was first approved on the site took
up more land. The only part of the apartment building that encroaches on the 15 foot setback area is a 20
foot piece of the building. He displayed a layout of the project.
Mr. Johnson noted that he developed the senior building project on River Road which is in a residential
neighborhood. There also was initial opposition and fear of that building but it has remained a senior
building and it is now being expanded.
With the condominium project, the entire length of the building went along the side yard setback and
now it will involve just a 20 -22 foot corner of the apartment building. With the addition of the land
across the street being part of the overall parcel, they are now way under any density variance.
Councilmember Coleman moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Coleman moved to deny the appeal.
Motion of Intent - Appeal denied Yeas - 6 Nays - 0
Councilmember Coleman moved to recess the City Council and reconvene the meeting of the Housing
and Redevelopment Authority (HRA) to consider the following item.
Yeas - 6 Nays -0
10. Resolution Approving and Authorizing the Execution of a Development Agreement (Osceola Park
Project), Accepting Property from the City and Conveying Same Property to the Osceola Park Limited
Partnership, District 9.
Commissioner Bostrom explained that this resolution authorizes the creation of 88 units of housing of
which nine units will be affordable to people at 30% of the median income, nine one - bedroom units will
be available to people at 50% of the median income, 14 one - bedroom units at 60 %, 38 two - bedroom
units at 60 %, and 18 other two - bedroom units at 60 %.
Commissioner Coleman moved approval.
Adopted Yeas - 6 Nays- 0
Commissioner Coleman moved to recess the HRA meeting to August 7. Yeas - 6 Nays - 0
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Commissioner Coleman moved to resume the City Council meeting. Yeas - 6 Nays - 0
36. Final Order - 02 -672 - In the matter of new sidewalk construction at 1587 and 1595 Reaney Avenue.
(File No. 502087A) (Laid over from May 22) (Legislative Hearing Officer recommends construction of
the sidewalks at both addresses).
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
37. Final Order - 02 -673 - In the matter of the Seventh Place Mall operation and maintenance cost for
2002. (File No. 18428 -2002)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
38. Final Order - 02 -674 - In the matter of improvements for the alley in Michel and Robertson's
Addition, Block 10, by constructing storm sewer and grading and paving with a bituminous material
(bounded by James Avenue, Palace Avenue, Milton Street, and Victoria Street). (File 418971)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
39. Final Order - 02 -675 - In the matter of improving the alley in Hazel Park, Block 4, by grading and
paving with a bituminous material (bounded by Case Street, LaCrosse Avenue, Kennard Street, and
Flandrau Street). (File No. 18972)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
39a Final Order - 02 -684 - In the matter of the construction of sidewalk repairs and /or the repair of
sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in
conjunction with the Kennard /LaCrosse Area Street Paving and Lighting Project. (File No. 18929KC)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
40. Final Order in Condemnation Proceedings - 02 -676 - In the matter of condemning and taking an
easement in the land necessary for the slopes, cuts, and fills, including the right of removal of lateral
support and construction of slopes in the grading and paving of the alley in Michel and Robertson's
Addition, Block 10 (bounded by James Avenue, Palace Avenue, Milton Street, and Victoria Street).
(File 4189715)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
41. Final Order in Condemnation Proceedings - 02 -677 - In the matter of condemning and taking an
easement in the land necessary for the slopes, cuts, and fills, including the right of removal of lateral
support and construction of slopes in the grading and paving of the alley in Hazel Park, Block 4
(bounded by Case Street, LaCrosse Avenue, Kennard Street, and Flandrau Street). (File No. 189725)
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No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
42. Final Order - 02 -678 - 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. (File No. 502002)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
43. Final Order - 02 -679 - In the matter of sidewalk reconstruction and /or elimination of driveway
aprons in Wards 2, 4, 5, 6 and 7. (File Nos. 502047, 502086, 502093 - 502099)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
44. Resolution Ratifying Assessment - 02 -680 - In the matter of the assessment of benefits, cost and
expenses for weekly garbage hauling service for the first quarter of 2002 (J02TRASIQA) and summary
abatement (property clean -up) (J0202AAA) at 1286 Rice Street. (Laid over from June 26) (Legislative
Hearing Officer recommends the following: J02TRASIQA - spreading the payment of the assessment
over an eight -year period and J0202AA - spreading the payment of the assessment over a ten -year
period.)
No one appeared in opposition; Councilmember Coleman 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
45. Appeal of Michael Bartelmy regarding a vehicle abatement order at 1323 Bush Avenue. (Legislative
Hearing Officer recommends that the vehicles be brought into compliance by August 1, 2002.)
Gerry Strathman, Legislative Hearing Officer, reported that the owner has agreed to remove the vehicles
by August 1, 2002.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Appeal denied (Legislative Hearing Officer's recommendation is approved)
Yeas - 6 Nays -0
46. Resolution Ratifying Assessment - 02 -681 - In the matter of the assessment of benefits, cost, and
expenses for the improvement of Kellogg Boulevard from 7th Street to Wabasha Street with concrete
curb, a new concrete block surfaced roadway, concrete block sidewalks, concrete driveway aprons, tree
planing, an irrigation system, water and sewer service connections and reconnections and reconstruction
of globe lighting system. (File No. 18906)
(The Council requested Gerry Strathman, Council Research Director, to check into the matter of where
customers going to the West Building can park since parking in front of the building has been
eliminated.)
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Gerry Strathman, Council Research Director, reported to the Council that they had received a written
response from John Maczko in Public Works explaining why the subject parking had been removed.
Former Ramsey County Judge Archie Gingold appeared regarding the assessment on his property at
Seven Corners. He said when RiverCentre was built the city wanted to keep the area diversified and
higher priced tenants were turned down. Under those circumstances, he feels the assessment rate on his
property is too high
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
47. Resolution Ratifying Assessment - 02 -682 - In the matter of demolition of vacant buildings for part
of March 2002 through part of April 2002 (J0202C); towing abandoned vehicles from private property
for January 2002 (J0202V); summary abatements (property clean -up) during part of April 2002 through
part of May 2002 (J0203A); boarding up vacant buildings for March 2002 (J0203B); summary
abatement (snow /ice removal and /or sanding of walks) for part of April 2002 (J02SNOW2). (Legislative
Hearing Officer recommends the following:
1793 Maryland Avenue East (J0202V) - delete the assessment
831 Edmund Avenue (J0202V) - reduce the assessment from $692.05 to $455 plus the $45
administrative fees for a total assessment of $500
701 Jessamine Avenue East (J0203A) - approval of the assessment
1286 Rice Street (J0203B - spreading the payment of the assessment over a nine -year period
912 Rose Avenue East (J0202V) - laying over to the July 23, 2002, Legislative Hearing and the August
7, 2002, City Council Meeting
1459 Sherburne Avenue (J0203A) - approval of the assessment
445 Van Buren Avenue (J0202V) - approval of the assessment
505 Whitall Street (J0203A) - approval of the assessment
937 Magnolia Avenue East (J0203B) - approval of the assessment
725 Fourth Street East (J0203A) - approval of the assessment
515 Lafond Avenue (J0203A) - laying over to the July 23, 2002, Legislative Hearing and the August 7,
2002, City Council Meeting
1073 Sims Avenue (J0203A) - laying over to the July 23, 2002, Legislative Hearing and the August 7,
2002, City Council Meeting)
Gerry Strathman, Legislative Hearing Officer, requested that, in addition to the above recommendations,
445 Van Buren Street be referred to a Legislative Hearing on August 13 and the August 28, 2002, City
Council Meeting
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 and City Council)
Yeas - 6 Nays -0
48. Resolution Ratifying Assessment - 02 -683 - In the matter of the assessment of benefits, cost and
expenses for the Seventh Place Mall operation and maintenance costs for 2001. (File No. 18428 -2001)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
49. (See Page 19)
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50. Public hearing 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).
Amy Spong, staff person to the Heritage Preservation Commission (HPC), showed slides of the building
and summarized the staff findings. She said the proposal goes against the Secretary of the Interior's
standards for the treatment of historic properties. Also, in the physical assessment summary that was
submitted by the applicant the estimate stated at that time to bring the building up to code was $735,000
and it was indicated that it was not reasonable given the building's size (19,600 square feet) and lack of
maintenance over the years.
One of the findings the HPC is required to make when reviewing an important structure and this type of
a demolition permit application is the economic usefulness and value that the building has both in its
present state and if it was rehabilitated for a new use. She said the economical argument could not be
made with the information they were given. There was not a demolition cost and there was not a new
construction cost estimate so it was hard to make those judgments based on the information received by
the HPC.
The Commission did not review the proposal for new construction because the issue was the building at
hand, the architectural integrity, and significance of that building. However, the guidelines state that for
new construction it should be compatible with massing scale and proportion of adjacent structures. It's
inappropriate to confuse history by building a new building that mimics a historic style or creates a false
sense of history for the district, Spong said. If a new building were to go there, the Commission would
be reviewing the new construction.
Ms. Spong said she spoke with Wendy Lane, the Zoning Manager, about the possible reuses for this
building. Currently the church has a 500 seat auditorium so 167 spaces are grandfathered in. If it were to
be a charter school reuse, no rezoning is required and one space per teacher or administrator would be
required. If it was less than the 167 theater requirement, it would need rezoning or a special condition
use permit (SCUP) would be another option which is a requirement of one space per four seats plus two
employees. If it was going to be reused for housing, it would be allowed provided a SCUP was done and
it would have to meet parking for a new construction. If there was going to be new construction, and if it
was going to be housing, it would have to be rezoned. Multi - family would allow a maximum of 12 two -
bedroom units or 18 one - bedroom units. The parking requirements would be 1 -1/2 spaces per unit.
There are bonuses for underground parking there is bonuses for that.
Ms. Spong said Howard Oransky, 877 Portland Avenue, spoke against the demolition at the June 27
meeting.
Ms. Spong displayed and explained a plat map.
Paul Larson, member of the HPC, a public historian with a focus in architecture and regional history,
said this is a primary architectural structure and of historical significance. The building has wonderful
acoustics and is open to a wide array of uses. The HPC's vote to not demolish the building was
unanimous without debate.
Susan Foote, member of the HPC, said all possible options for this structure have not been considered
and ample time should be taken to make a decision.
Dan Scott, member of the HPC, said there is nothing more drastic than tearing down a building; once it's
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gone, it's gone. He pointed out that when the appellant appeared before the HPC, they argued that there
was not enough parking and that they could not afford to make the necessary repairs. They are both
practical and logical arguments; however, if the church is already in a new location, those two
arguments are off the table and there is an empty building waiting for re -use consideration. He
questioned who the applicant is in this case and urged the Council caution and reservation as to what's
really driving this. He also asked that ample time be given before making a decision.
Appearing in support of the appeal were:
Brian Alton, representing Grace Community UCC Church, responded to Ms. Spong's staff report. With
respect to the required findings the HPC is to make in the demolition permit application, none of the
four findings were made. He noted that Ms. Spong said the building was pivotal but the staff report says
it has been classified as supportive of the historic hill district. With regard to the economic usefulness of
the building as it now exists or if altered in comparison to the value or usefulness of any proposed
structures, the reasons for presenting some information about a proposed structure was to make that
comparison. It's a comparison of what Grace Community Church can do with the building and not what
some unknown could do for the building. The church tried long and hard to stay in the building or find a
use for it and it's just not economially possible.
Several brokers and several potential buyers were contacted before a purchase agreement was reached
with the current one who wants to build housing on the property. None of the others were willing to
make an offer.
Reverend Oliver White extended his thanks to the City Council for the opportunity to be heard as well
as the members of the Heritage Preservation Commission. Rev. White said they spent five years trying
to sell the building to no avail. It would take 400 people attending the church per Sunday to minimally
maintain the building at $10.00 per person. That would also mean that 200 -300 additional parking
spaces would be required for Sundays. During the week they would need at least 30 parking spaces and
there is no way that can be accomplished. He said there is no time to wait as Grace Community Church
has not really moved, they are just not in the same space. They still exist in St. Paul and still serve St.
Paul including young people who cannot wait. He said he had a hope that the Council will not delay the
process and that the primary vote will be to support a ministry that has changed St. Paul and made it a
better place as opposed to sustaining a monument that has no further uses.
Tim Johnson, Pastor of Cherokee Park United Church on the West Side of St. Paul, said most of the
churches were built in a different era and were built within residential neighborhoods. They were also
built at a time when most people walked to church which is no longer the case which makes parking a
critical issue. There is no future for any church in that building. Also, he said they do not have the
resources to provide Grace Community with the kind of support it might need to do anything with that
building.
The President of William Mitchell College of Law, appeared to clarify that William Mitchell has
absolutely no interest in purchasing the church and trying to rehab it.
Speaking against the appeal were:
Lynn Tacklin, 787 Ashland Avenue, said 72 signatures were obtained in merely 1 -1/2 hours when it was
learned what may be happening to the church. There is strong support in the neighborhood for
preserving the architectural integrity. It's going to be very expensive to renovate and maintain the church
as well as abate the asbestos. This is a potential public building that many people could benefit from as
the possibilities are endless. She requested that the Historical Preservation Society conduct a reuse study
for the building.
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Paul Mekin, 790 Ashland Avenue, said he does not feel that all avenues have been pursued. He said he
bought into this neighborhood at an inflated price and has made a big investment to remain in a
neighborhood that has a lot of promise and that the neighbors want to see it remain in tact.
Heidi Farnham, 814 Holly Avenue, said a month does not seem like a long enough period of time to
review the possibilities for this building. While the Pastor said he spent five years looking for options,
she suggested he may have missed some available alternatives. She said other churches in the area are
doing well and parking is not a problem.
Katherine Babcock, 453 Portland Avenue, said every time pieces of the beautiful fabric of St. Paul are
removed, something is lost. She noted that the Christian Science Church in her neighborhood recently
underwent a similar problem and the members tried to find an alternative solution to tearing down the
church and the River of Life Church filled that mission. She said she does not feel they can never say
never and she doesn't feel they can say it's impossible. She feels there are way of preserving the city's
beautiful structures so everyone can appreciate them for years to come.
Galen McKay, 825 Holly Avenue, outlined what he and his wife looked for when they bought their first
home and said removing the church and building town homes would change what they did not want in a
neighborhood.
Lisa Knutson, founder of a charter school called Nova Classical Academy, distributed information on
the school. She said they started working on the charter school two years ago and in mid -May they had
to postpone for a year because they could not find an adequate facility in St. Paul. She learned of this
building on this date, went to look at it, and felt it would be ideal for their needs. Although charter
schools are not allowed to own their own building, she said she has someone who would like to buy the
building and lease it to the school.
David Kavinek appeared and said a few years ago he purchased the Lubavitch House which was a
synagogue that had been condemned by the City of St. Paul and was scheduled to be torn down. He
renovated the building, turning it back to its original structure, and now it is being used as a home. He
said he is very interested in looking at this building with Lisa Knutson to consider other options for the
church and in the event that the city does not want a school at that location, he feels there are many other
uses for it.
Rod Richter, 220 Marshall Avenue, a member of the Ramsey Hill Association Board of Directors, said
he was speaking as a citizen and a resident of a historic neighborhood. He told the Council they were
being given a chance to set a very bad precedent. There are hundreds of property owners within the
historic districts of the city who could easily come before the Council pleading poverty and saying that
they don't have the resources to adequately address the needs of the historic property which they own
and seeking permission to sell the property to any number of developers looking to cash in on the
charms of the city's historic neighborhoods. If the Council votes to overturn the decision of the HPC, he
said they may as well vote to disband the Commission and do away with the historic districts as they
will have both been rendered useless.
Councilmember Blakey moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Blakey moved to lay over two weeks saying he wanted to look into this further
particularly with regard to a possible charter school. Whether it's Historic Preservation or any other
organization that has a serious interest in keeping these properties, a plan needs to be in place to make
sure that properties do not just sit idle for many years and become an eyesore in the neighborhood.
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Councilmember Lantry spoke against the layover. She said the Council needs to separate what they are
supposed to do at this time. They would have to find error with what the HPC had listed as their reasons
for denying the demolition permit. Although re -use was talked about, Lantry said she did not know if
having another user makes any difference when it comes to the reason the HPC made their decision.
Councilmember Coleman also spoke against a layover and concurred with Lantry saying the decision
before the Council is not about determining whether this re -use is viable. With a layover, he said he
would not know within two weeks whether the charter school was viable and able to go forward. A
decision has to be made whether or not to tear the building down on the record that's before them and
the record that the HPC had. Coleman said he was mindful of Grace Church's position and the difficulty
they have but it also confuses the issue.
Councilmember Harris said he was not certain a layover was going to put the church in a position to try
and get the types of re -use that the city would want. He felt the charter school was an excellent idea that
should be explored. He felt it would be a travesty to lose one of the neighborhood church structures.
Vote on motion to lay over two weeks.
Failed Yeas - 2 Nays - 4 (Benanav, Coleman, Harris, Lantry)
Councilmember Coleman moved to deny the appeal and uphold the findings of the Heritage
Preservation Commission and deny the application to demolish the building.
Motion of Intent - Appeal denied Yeas - 6 Nays - 0
Councilmember Blakey presented a resolution directing the Department of Planning and Economic
Development (PED) to secure $1,500,000 for the acquisition and stabilization of Grace Community
Church and that bids then be solicited from qualified applicants for the rehabilitation and re -use of the
building.
Councilmember Coleman responded that he thought it was appropriate to ask PED to get involved in the
discussion and to help facilitate the discussion but it is premature at this point to appropriate money to
purchase the building. He said he would strongly encourage staff to work with the church, the charter
school, and any other potential re -uses. Coleman said he felt Mayor Kelly is also very interested in
having staff work closely with the church to facilitate a transaction that meets the needs of the church as
well as attempts to preserve the structure.
Councilmember Lantry said she could not support Councilmember Blakey's resolution, however, she
said she did not feel anyone wants to leave the church in the cold. The city's motivation should be that
any resources city staff can provide to help facilitate the process is where they should go.
Councilmember Blakey said stewardship is not just about saying no and allowing the property to sit idle
and hoping and wishing that something is going to happen. A commitment has to be made and
something must get done.
No one is looking for the building to sit for years, Councilmember Benanav said, but rather they are
looking for a rather quick resolution. The interest in the building has increased just in the last few days
because the public is now aware of it He concurred that staff should make it a priority so it doesn't
languish.
Councilmember Harris said some financial contribution could possibly be supported by the Council but
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until some staff work is done, it's difficult to make an allocation.
The City Council requested a report from staff at their meeting on August 21 regarding the property
feasibility and use of the building at 873 Portland Avenue. (Grace Community Church)
51. Public hearing to consider the appeal of the Ramsey Hill Association and Others to a decision of the
Board of Zoning Appeals granting four variances in order to construct a carriage house structure at 449
Portland Avenue.
John Hardwick, Office of License, Inspections and Environmental Protection (LISP), presented a staff
report. In June, 2002, the property owner of 449 Portland Avenue applied for four variances in order to
construct a carriage house type structure on his property. On June 24, the Board of Zoning Appeals
(BZA) held a public hearing on the request. At the hearing, staff reviewed the facts in the case and
recommended approval of the variances. The Board took testimony from the applicant, from those in the
audience who were in support, and those who were against the proposed variances. The applicant
submitted a petition with approximately 55 signatures from neighbors in support of the project. The
Board also received a petition with about 16 signatures from residents in opposition. The Ramsey Hill
Association held a community issues meeting on June 14 to discuss the request and they voted 10 -3 to
support the request. The Association subsequently held a special meeting of the Board of Directors and
reversed the decision of the community issues meeting.
After hearing testimony from all parties, the BZA voted 6 -1 to grant the variances. The appellant
appealed that decision alleging that the Board erred in its findings.
Councilmember Coleman said there was an issue as to whether or not the special condition use permit
(SCUP) procedure was the appropriate way to go as opposed to seeking the variances. Mr. Hardwick
said this property is located in an RT -2 (residential town house) zoning district. In this type of district,
there can be more than one principle structure on the property. The existing building, which has two
dwelling units and another single family home on the back of the property, is a permitted use provided it
meets certain separation, lot cover, setbacks, etc. In a single family zoning district, where only single
family homes are permitted, there can be a carriage house structure but it has to meet certain conditions
and it has to have a SCUP from the Planning Commission. Some confusion has arisen in this case over
the fact that the proposed building has been described as a carriage house. That term has been used
because it is the applicant's intent to design the building to fit the historic nature of the area which has
many carriage houses in it. The building is actually a second principle dwelling on the property and, as
such, is a permitted use without the need for a SCUP.
Councilmember Lantry said it was her understanding that this application would have to go before the
Heritage Preservation Commission and asked why there was no HPC action on it now. Mr. Hardwick
responded that staff has tried to have all related matters before the Council at one time to avoid this type
of situation. However, in this particular case, in order to do that would have meant a considerable delay
in the project. Staff was concerned that the issues that may be raised with the HPC may conflict with the
Board of Zoning Appeals. Should the issues defined by the HPC with respect to design require a change
in the variances required for the project, it could result in it going back to the BZA twice - once after the
HPC makes their findings. Therefore, in this case staff felt it was more appropriate to resolve the more
difficult part of the process which is the variance matters. The HPC will review it assuming that the
variances that were granted by the BZA are upheld by the Council. If the BZA had denied the variances
or if the City Council overturns the Board's decision, then the HPC will not hear the matter.
Amy Spong, HPC staff person, said the HPC does try to do the zoning review first when it requires
variances and if there are appeals with any of the cases they would go to the City Council. The applicant
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submitted his drawings to Ms. Spong in June after he found out that he received his variances. However,
she does not accept that as a complete application. They were not construction -level drawings which are
needed by the HPC in order to do their review. Zoning does not require a construction -level drawing to
do their review and often times the owner wants to know that they are going to be able to get the
variances before they spend money for construction -level drawings and that's where they have often had
a hard time in making the process as smooth as possible.
The following individuals appeared on behalf of the appellant:
Tom Darling, 445 Summit Avenue, disputed staff saying that two dwellings on a single lot in a RT -2
district were allowed. He said that is legally incorrect and legally unsupportive and he cited the Zoning
Code regarding what is allowed in a RT -2 district.
Richard Erickson, 21 Arundel Street, said there are many diverse structures in the neighborhood, several
of which are carriage houses. One of the biggest problems he saw in the proposal is the weight given to
the testimony received from neighbors who live some distance from the dwelling as opposed to the
weight of the arguments of people living on either side of the proposed structure. He said he was afraid
they were looking at increasing the density if this and other proposals that might come before the
Council are granted. There are already 60 rental or condo units in five structures within a two block
radius of this proposed structure. Several private homes have been converted into condominiums.
Kathryn Babcock, 453 Portland Avenue, said she would be one of the two families most affected by this
project. She said every time variances are granted, it creates such a stir in the neighborhood and puts
neighbor against neighbor. She read a letter from Jay Samuels, an adjacent property owner.
Jim Keane, Land Use Chair Person for the Ramsey Hill Association, and a resident on the same block as
the subject property, said part of what is being talked about is the future and instead of building new he
suggested they think more about changing what the city already has - renovating and restoring what is
already here.
Khalid Effendi, 449 Portland, the applicants for the variances, appeared. Mr. Effendi said they
purchased the property in 1991. It was in disrepair and they have spent a considerable amount of money
on major improvements. They have always needed a garage and they are now financially able to build
one. He said they spoke to their neighbors about the garage over the years and he feels there was no one
who was purposely not included in the conversations. It was brought to the Effendi's attention that
garages had been built in this alley which were characterized as "Sussel" garages - low garages with low
roof lines - and his neighbors asked him not to build this type of a garage.
Their other alternative is to build a structure that looks like a carriage house but is only a garage but the
cost differential is huge, Effendi said. The structure will be on the north side of the property so there will
not be a problem with natural light. He has made compromises with the neighbors. He questioned why
his opponents would talk about density saying he did not see that as a problem.
Mervyn Hough, 436 Portland Avenue, said he has lived in the neighborhood for 31 years and there has
been considerable discussion about the fact that the neighborhood is highly populated. When he moved
to the neighborhood between the house in question and the house next door, it was being used as a
treatment center with approximately 30 people living in the two structures. If this property were to be
developed, there may be nine people. In 1971, the building he lived in had 44 people in it and now there
are about 32 people living there. He maintained there is a decline in population and that is one of the
reasons the City Council has proposed that housing units be added to the City of Saint Paul. He
questioned if Ramsey Hill is going to contribute to these housing units saying they have a pattern of
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opposing everything. There has been a lot of preservation and restoration in this neighborhood but one
of the things that has happened in the last 31 years is that the alleys have declined. Mr. Effendi's
proposed structure would be a positive addition to the alley.
Sarah Kinney, resident at the corner of Holly and Arundel and also a realtor in the neighborhood for
many years said the home of the Effendi's has been beautifully restored and she called it the worst home
on the block previously.
Brigitte Bachmeier, 459 Portland Avenue, said she support Mr. Effendi building the structure because
she has been very pleased with them living there and how they keep up their property.
Mr. Darling stated that Mr. Effendi told the Board of Zoning Appeals that the reason he wants to build
the carriage house is to help pay for the large garage that he wants. That is an impermissible,
disqualifying reason under the sixth requirement for granting a variance and all six requirements must be
met. Mr. Darling said the Board of the Ramsey Hill Association has an obligation to that association as a
whole and it takes its obligation very seriously and had to do the right thing in this situation which is to
abide by the Zoning Code. The Zoning Code specifically states that a carriage house is a principle use
permitted subject to special conditions. He said this issue is about abiding by the Zoning Code.
Mr. Effendi responded to Mr. Darling saying that zoning variances are permitted and that's why there
are hearings on zoning. He disputed Mr. Darling's statement that he needs financial help and that is why
he needs the carriage house saying that the choice from his point of view is either a small garage, which
the neighbors do not want, or to build a carriage house which the majority of the neighbors do want. A
structure that looks kind of like a carriage house but bigger than a garage is not an option he would be
willing to consider. He said they have been approved by District 8 and approved by all the hearings they
have been to.
Louis Sudheimer, 439 Portland Avenue, commended Mr. and Mrs. Effendi on how inclusive they have
been in contacting all of their neighbors whether they were pro or con. He noted the neighbor to the west
has an existing carriage house of similar size to what Mr. Effendi is requesting and his neighbor to the
east has a garage much larger than the size that Mr. Effendi is requesting. The professional zoning staff
and the Board of Zoning Appeals has reviewed all six areas in question and they have voted in favor.
Councilmember Blakey moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Blakey asked Mr. Hardwick why this did not go to the Planning Commission for a
special condition use permit. Mr. Hardwick reiterated that the city zoning ordinances allow a person to
have more than one principle structure on property that is located in a multi - family zoning district such
as this property is. Traditionally, a person who owns multiple family zoning property could have done
either of two things. They could have said this is a carriage house and that they would apply for a special
condition use permit. They could do that because anything that is permitted in a single family zoning
district is also permitted in a multiple family zoning district. The second option is to treat it simply as a
multiple family development which allows more than one building on a parcel of land. Typically, the
zoning staff encourages people, where they have multiple family zoning, to treat any development as
multiple family development rather than as a single family development. Although the Effendis could
have done either the special use permit or the variance procedure, they elected to do the variance
procedure.
Councilmember Lantry asked about the lot coverage calculation noting that by Code no more than 30%
of the lot can be covered by the building and this request is for 34 %. Mr. Hardwick responded that they
take the footprint of the building on the site plus the footprint of the proposed building, add those two
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calculations together and together the zoning code allows those two figures to equal 30% of the lot. The
lot itself, when calculating lot size or density, up to one -half of the alley can be included. In this case
there is a 20 foot wide alley so 10 feet of that can be included in the width of their property. Therefore,
the proposed new building, together with the existing building, will cover about 34% of the property.
Councilmember Coleman said he initially felt he was opposed to this structure but as the discussion took
place, his questions have been answered and he feels it's an appropriate project and in keeping with the
characteristic of the neighborhood. Given Mr. Hardwick's explanations and the review that was done by
staff and the Board, he has no reason to believe they were in error and error would need to be found in
the findings to disapprove it.
Councilmember Coleman moved to deny the appeal.
Councilmember Benanav said he is not convinced that there is an extraordinary reason to grant the
variance in this case and he does not see an extraordinary reason to deviate from what residents have a
right to expect when they purchase property.
Councilmember Harris said the project should proceed. It is clear there is no error in the findings. Also,
this is a neighborhood with a lot of carriage houses and similar structures. Further, a large number of
people in the neighborhood support it.
Councilmember Lantry said the Council's job is to find fault and error cannot be found.
Councilmember Blakey concurred that there are a lot of carriage homes in this area so it does not seem
out of character but he feels it seems too massive.
Motion of Intent - Appeal denied (variances granted)
Yeas - 5 Nays - 1 (Benanav)
Councilmember Harris moved to adjourn the meeting.
Yeas - 6 Nays -0
ADJOURNED AT 9:40 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson August 14, 2002
Assistant Council Secretary
mce
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