Approved Minutes 12-17-2003Page 1 of 17
SUMMARY MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, December 17, 2003 - 3:30 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
• Public Hearings
The meeting was called to order at 3:32 p.m. by Council President Bostrom.
Present: 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Helgen, Lantry
Absent: 0
CONSENT AGENDA (Items I -16)
Councilmember Benanav requested Item 14 be removed for discussion.
Councilmember Blakey moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Warren Jones, Peter Mayer, and Helmer Morvig.
Referred to the Risk Management Division
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2. Summons and Complaint in the matter of Rebecca Lodahl vs. Saint Paul Arena Company, LLC, et al.
Referred to the City Attorney's Office
3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on December 19, 2003 January 23, 2004 at 9:30 a.m. in Room 42, St. Paul City Hall, 15 West Kellogg
Boulevard concerning all licenses held by Minnehaha Tavern, Inc. 735 White Bear Avenue North.
4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on January 7, 2004 to consider the appeal of Judith Essling to a decision
of the Board of Zoning Appeals denying an appeal of the Zoning Administrator's order to remove the
second dwelling unit from the house at 2187 Bonnie Lane.
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on January 7, 2004, to consider the application of Vincent Reiter for a combined
plat to create two I -2 industrial parcels at 240 Sycamore Street between Rice and BNSF Railroad.
FOR ACTION
6. Approval of minutes of November 5, 12, and 19, 2003.
Adopted Yeas - 7 Nays - 0
7. Resolution - 03 -1097 - Establishing a 2003 financing and spending plan for police services provided-
at the Mellaleuca Festival on May 26, 2003 and Taste of Minnesota from July 2 through July 6, 2003.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -1098 - Reimbursing the White Bear Business Association an amount not to exceed
$4,562.35 for the White Bear Avenue Parade held on July 10, 2003.
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -1099 - Approving the release of utility easement rights in a vacated alley abutting
1034 Lafond Avenue West in St. Paul.
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -1100 - Memorializing City Council action taken November 19, 2003 granting the
application of Jason's Dry Ice for a subdivision by lot split to create two industrial parcels with a
variance of the requirement to plat previously unplatted land at the northwest corner of Charles Avenue
and Transfer Road.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -1101 - Providing relief to developer from the interim ordinance prohibiting issuance
of building permits during the Sunray Area Zoning Study for Dots, Inc., 2139 Hudson Road.
Adopted Yeas - 7 Nays - 0
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12. Resolution - 03 -1102 - Memorializing City Council action taken October 1, 2003 granting the
application, with conditions, of Chanh Yang d /b /a Super Convenience Store, 922 Thomas Avenue, for a
Malt Off -Sale license.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -1103 - Concerning adverse action against the licenses held by M. Reaney, Inc., dba
Reaney's Bar, 870 Payne Avenue.
Adopted Yeas - 7 Nays - 0
14. ( Discussed after the Consent Agenda
15. Resolution - 03 -1105 - Accepting a grant in the amount of $300,000 from Xcel Energy for a
photovoltaic system in the new Fern Room at the Marjorie McNeely Conservatory at Como Park.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -1106 - Authorizing the Department of Fire and Safety Services to accept the
donation of $100.00 from Fleishman Hillard Inc. for the Risk Watch Program. AdoptedYeas - 7Nays - 0
14. Resolution - 03 -1104 - Approving the application, per the Legislative Hearing Officer, by Holiday
Stationstores, Inc., dba Holiday Stationstore 4341, 1345 Marshall Avenue, for Malt Off Sale, Gas
Station, Restaurant 0 to 12 Seats, Retail Food Grocery, Cigarette /Tobacco, and Liquid Fuel Dealer
Licenses.
Councilmember Benanav stated questions had been raised about the Malt Off Sale portion of this
application and wanted to remove that portion of the license application but approve the remainder.
Ginger Palmer, City Attorney's Office, stated that the license could be separated by the Council. This
has already been through the process to discuss it with the neighborhood groups, if it is not going to be
sent to an Administrative Law Judge.
Councilmember Benanav moved adoption as amended; Malt Off Sale license laid over to January 7,
2004Yeas - 7Nays - 0
Councilmember Harris moved to recess the City Council meeting and reconvene as the Library
BoardYeas - 7Nays - 0
FOR DISCUSSION
AGENDA OF THE SAINT PAUL PUBLIC LIBRARY BOARD
OF THE CITY OF SAINT PAUL, MINNESOTA
ROLL CALL
17. Resolution L. B. 03 -007 — Adopting the Budget for Fiscal Year 2004 for the Saint Paul Public
Library Agency and adopting the 2003 Property Tax Levy Payable in 2004 for the Saint Paul Public
Library Agency's 2004 Operating and Debt Service Budgets (Laid over from December 10).
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Commissioner Lantry moved approval Adopted Yeas - 7 Nays - 0
Commissioner Blakey moved to recess the Library Board and reconvene the City Council meetingYeas -
7Nays - 0
CITY COUNCIL BUDGET ITEMS
18. Resolution - 03 -1086 - Adopting the 2003 City of Saint Paul Tax Levy Payable in 2004. (Laid over
from December 10)
Councilmember Blakey moved approval Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -1087 - Adopting the 2004 City of Saint Paul Annual Budgets. (Laid over from
December 10)
Councilmember Benanav stated that the Council had done a remarkable job, given the budget presented
by the Mayor; however, there are several reasons that he would vote against the budget. This budget
does damage to public safety, particularly in Ward 4. The money to keep Engine 20 operating should be
found. There are 500 units of new housing going up on University Avenue, which should have an
impact on the issue of Engine 20. Also, the Police Department needs to be fully funded. Also, the
district councils are being asked to do more even though the city's contribution is less. There will be at
least a $20 million gap in our 2005 budget, which needs to be seriously addressed.
Councilmember Blakey stated that Saint Paul has been able to hold the line on property taxes for ten
years, which should be a source of pride. Raising property taxes is not always the answer for all issues,
and within this budget many positive things will happen, including a new library at Dale and University.
This is a strong budget.
Councilmember Coleman stated that there are always greater needs in the community; however, there
needs to be a more balanced approach to make people feel good about their city and their community.
Given the drastic cuts the city faced this year, it seems that the citizens of Saint Paul are well - served by
this budget.
Councilmember Harris stated that this budget process started in February - it was a budget that
responded to large cuts in Local Government Aid over two years. $13 million of these cuts were done in
mid -year. This budget is a testament of how the Council and Administration work together to deal with
these important issues.
Councilmember Helgen said he appreciated the hard work of the group to put together a balanced
budget. Staff also works very hard on the budget; however, now some serious decisions need to be made
with regard to state cuts coming in next year.
Considering where the process began in February /March 2003, Council President Bostrom stated it is
truly amazing that both police and fire services have been maintained, which sends an important
message to the community.
Councilmember Blakey moved approval
Adopted Yeas - 6 Nays -1 (Benanav)
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20. Resolution - 03 -1088 - Approving the 2003 Saint Paul Housing and Redevelopment Authority
(HRA) Property Tax Levy payable in 2004 and approving the HRA 2004 Budget. (Laid over from
December 10)
Councilmember Blakey moved approval Adopted Yeas - 7 Nays - 0
Councilmember Harris moved to recess the City Council meeting and reconvene as the Housing and
Redevelopment AuthorityYeas - 7Nays - 0
AGENDA OF THE HOUSING AND REDEVELOPMENT
AUTHORITY
ROLL CALL
21. Levy of Property Tax Payable in 2004 and Adoption of 2004 Budget, Including Budgets for Tax
Increment Financing Plans, Citywide. (Laid over from December 10)
Commissioner Harris moved approval Adopted Yeas - 7 Nays - 0
Commissioner Blakey moved to recess the Housing and Redevelopment Authority and reconvene the
City Council meetingYeas - 7Nays - 0
CITY COUNCIL BUDGET ITEMS
22. Resolution - 03 -1089 - Approving the 2004 Saint Paul Regional Water Services Budget. (Laid over
from December 10)
Councilmember Blakey commended former Councilmember Jim Reiter, former president of the Saint
Paul Regional Water Services Board.
Councilmember Blakey moved approval Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -1090 - Approving the 2004 RiverCentre Authority Budget. (Laid over from
December 10)
Councilmember Coleman moved approval Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -1091 - Approving the 2004 Library Agency Budget. (Laid over from December 10)
Councilmember Harris moved approval Adopted Yeas - 7 Nays - 0
25. Resolution - 03 -1092 - Concurring with action taken by the Board of Water Commissioners
establishing the water rates for 2004. (Laid over from December 10)
Councilmember Harris moved approval Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -1093 - Ratifying the 2004 Sanitary Sewer rates and the 2004 Storm Sewer System
Charges. (Laid over from December 10)
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Councilmember Coleman moved approval Adopted Yeas - 7 Nays - 0
27. Resolution - 03 -1094 - Approving the 2004 Right -of -Way Maintenance Assessment Program
charges against benefitted properties. (Laid over from December 10)
Bob Kessler, Council Research, reminded the Council that this was with the revised rates as approved as
part of the budget deliberations.
Councilmember Harris moved approval
Adopted Yeas - 6 Nays -1 (Helgen)
(A substitute attachment was presented)
Mayor Kelly appeared before the City Council to thank the members for their hard work and
cooperation during this budget session.
28. (No item)
29. Report from the Office of Human Resources, Council Research, and the Police Chief's Office on
recommended minimum qualifications for the position of Police Chief and a process for establishing a
Police Chief Examination Committee and hiring process. (Report requested by the Council on
November 12; C.F. 03 -1013)
A report was given by Angie Nalezny, Office of Human Resources, and Marcia Moermond, Council
Research. The City Council requested that a resolution be drafted regarding the agreed upon aspects for
the selection of a nominating committee, and that the resolution be placed on the December 23, 2003
City Council agenda.
30. Follow -up report from Council Research on the "Equal Access to City Contracts" Policy Session
held on November 12, 2003.
A report was given by Marcia Moermond, Council Research. The City Council requested that a
resolution be drafted forming a committee to respond to the report made by Council Research, and that
the resolution be placed on the December 23, 2003 City Council agenda.
31. Resolution - 03 -1107 - Accepting the report of the Convenience Store Ad Hoc Work Group.
Councilmember Blakey stated that the group addressed a lot of issues and did some very good work.
Kurt Schultz, Department of Planning and Economic Development, suggested that the resolution could
be passed and sent to the Business Review Council for further review, and feedback could be given to
the City Council.
Councilmember Blakey moved approval as amended
Adopted and referred to the Business Review Council for comment
Yeas - 7 Nays - 0
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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.
32. Final Adoption - 03 -1028 - An ordinance amending Chapters 60 through 69
of the Saint Paul Legislative Code pertaining to zoning code reformatting and streamlining, adding
Traditional Neighborhood zoning districts, and related amendments. (Amended and laid over from
December 10)
Councilmember Coleman moved final adoption as amended on December 10, 2003.
Councilmember Blakey moved a four -week lay over of the ordinance based upon the number of
community residents who are concerned about the ordinance, especially as it relates to the new
Lexington Library. City staff and Council need to go over this ordinance to make sure it does not
adversely affect ongoing projects, he said.
Councilmember Coleman suggested that there were critical changes that needed to be made quickly and
that they should be adopted separately from those more controversial issues.
Councilmember Helgen distributed a resolution outlining issues that the Council would like studied in
more detail.
Council President Bostrom stated that the longer this is not acted upon, the more housing and other
projects will not be started.
Councilmember Lantry stated that these changes simply make the code more understandable. The
current zoning code is still in place until something is adopted to replace it.
Upon question of Councilmember Blakey, Larry Soderholm, Department of Planning and Economic
Development Department, stated there were many neighborhoods that have requested TN zoning and are
waiting for passage of this ordinance. If there were inconsistencies found in the adopted ordinance, they
could be addressed as they arise via a moratorium.
Councilmember Blakey made a motion for a four -week layover.
Laid over to January 14 Yeas - 5 Nays - 2 (Coleman, Bostrom)
33. Final Adoption - 03 -1029 - An ordinance amending Chapter 64 of the Saint Paul Legislative Code
pertaining to the administration of the zoning code and setting fees to defray the costs of reviewing,
investigating and administering services, materials, and work performed and furnished to persons
making zoning applications to the City. (Substitute introduced and laid over from December 10)
Wendy Lane, Office of License, Inspections, and Environmental Protection, appeared and requested that
the initial ordinance, without the changes made at the December 10, 2003 City Council meeting, be
adopted, because Ordinance 03 -1028 (the previous item) was being laid over.
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Councilmember Coleman withdrew the amendments from December 10 and moved approval of the
original resolution.
Substitute ordinance withdrawn and original ordinance adopted
Yeas - 7 Nays - 0
34. Second Reading - 03 -1095 - An ordinance amending Chapter 189 of the Saint Paul Legislative Code
to require Truth in Sale of Housing evaluators to report registered vacant buildings, open permits, legal
duplexes, to add an exclusion for buildings slated for demolition, and clarify and elaborate upon certain
evaluator responsibilities.
Laid over to January 7 for third reading /public hearing
35. Second Reading - 03 -1096 - An ordinance memorializing City Council action approving the
application of Leonard and Barbara Paczosa to rezone property at 1194 E. Maryland Avenue (between
Duluth Street and Lane Place) from R -4 (One Family Residential) to B -2 (Community Business) for
expansion of an auto convenience market /car wash. (Public hearing held November 5, 2003)
Laid over to December 23 for third reading
36. First Reading - 03 -1108 - An ordinance memorializing City Council action granting the application
of St. Paul Public Housing Agency to rezone property at 280 Ravoux Street from RM -3 (Multiple
Family) to RM -2 (Multiple Family) to allow single family houses. (Public hearing held November 5,
2003)
Laid over to December 23 for second reading
37. First Reading - 03 -1109 - An ordinance amending interim ordinance Council File No. 02 -1115
adopted December 26, 2002 to allow new development within the Sunray Shopping Center for Dots,
Inc., 2139 Hudson Road.
Laid over to December 23 for second reading
38. First Reading - 03 -1110 - An administrative ordinance establishing the minimum qualifications for
the vacancy for the position of Police Chief pursuant to the provisions of Section 9.01 (a) of the
Administrative Code and Section 12.12.1 of the Saint Paul City Charter.
Laid over to December 23 for second reading
Council President Bostrom called the public hearings session to order at 6:15 p.m.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Helgen, Lantry
Absent - 0
PUBLIC HEARINGS
39. Third Reading - 03 -1052 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
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pertaining to housing and inspections by establishing a certificate of occupancy requirement for a new
class of occupancy to be known as student housing and providing for the inspection, renewal and
enforcement of such certificates for student housing by the City's Fire Marshall.
Tom Zearley, Minneapolis resident, a student at the University of Minnesota/Saint Paul campus
appeared. It is agreed that safety is a good concern with regard to this ordinance. However, Mr. Zearley
stated he felt that students were singled out as a result of this ordinance. This should include all rental
units in the City of Saint Paul. Also, the inspections cost is high and will be sent on to the renters via
their tenants. Mr. Zearley questioned what action would be taken against landlords regarding this issue
as well.
Scott LeBlanc, Earl Street resident, stated he felt this ordinance was problematic. The goal, to help
ensure student safety when renting property in the City, is good but misguided. The punishments fall
directly on the students, such as occupying the building after the landlord fails to meet the requirements
in the ordinance. Mr. LeBlanc stated that students would enter into unsafe contracts as a result of this
ordinance. Rather, the City should be seeking to help students find safe housing while putting more
responsibilities where they belong, on the landlords.
Councilmember Benanav moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to December 23 for final adoption
40. Third Reading - 03 -1053 - An ordinance amending Chapter 58 of the Saint Paul Legislative Code
pertaining to hard wired smoke detectors by providing for the installation of hard wired smoke detectors
in student housing, as that occupancy is defined in Chapter 33 of the code, and as required in Chapter 34
of the code.
No one appeared in opposition. Councilmember Benanav moved to close the public hearingYeas -
7Nays - 0
Laid over to December 23 for final adoption
41. Third Reading - 03 -1054 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code
pertaining to minimum housing maintenance standards and inspections and for the purpose of
safeguarding life and property by establishing a smoke detector requirement for student housing
occupancies pursuant to Minn. Stat. §299F.011, Subd. 4.
No one appeared in opposition. Councilmember Benanav moved to close the public hearingYeas -
7Nays - 0
Laid over to December 23 for final adoption
42. Third Reading - 03 -1072 - An ordinance amending Chapter 280 of the Saint Paul Legislative Code
to remove outdated language relative to appropriate dress.
No one appeared in opposition. Councilmember Benanav moved to close the public hearingYeas -
7Nays - 0
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Laid over to December 23 for final adoption
43. Resolution - 03 -1111 - Concerning adverse action against all licenses held by Twin Star VFW Post
8854, 820 Concordia Avenue.
Virginia Palmer, Assistant City Attorney, presented a staff report saying that this was an uncontested
adverse action which claimed that Twin Star VFW Post 8854 had sold alcohol to someone who was
other than a member or bona fide guest of a member on May 25, 2003. Ms. Palmer stated that the
recommendation of the Office of LISP was a $1,000 fine with $500 of the fine stayed for a period of 18
months on the condition that the $500 is paid and they immediately begin keeping records, both
membership and guest log books, in a readable format, and that they not have any other violations in
that 18 month period.
This is the first recorded violation for this establishment. This issue is not part of the City's penalty
matrix but rather a situation where a club is not selling to a non - member or bona fide guest, which is
part of the rules of the VFW. Ms. Palmer also noted that police were present investigating a drug
complaint at the time as well. Upon question of Councilmember Harris, Ms. Palmer stated that first -time
alcohol violations are based upon the size of the establishment. Councilmember Lantry questioned the
copies from the log book and whether the record keeping was maintained. Ms. Palmer stated that the
person who was drinking at the facility was not on the membership list nor was he on a guest log as
required by club licenses. The logs are unreadable as they are first names or nicknames and not tied to
any members.
Gordon Kirk, 958 Fuller Avenue, appeared on behalf of VFW Post 8854, as a trustee of the club. Mr.
Kirk stated that this problem was brought to his attention by a club manager. The person in question was
apprehended outside of the club by the Saint Paul Police Department. The Police determined that this
person was not a member of the club, nor a registered guest. The policy surrounding the signing in of
guests has changed for VFW Post 8854 as a result of this incident. Mr. Kirk stated that a $500 fine was
restrictive to the club, which only has 104 members.
Councilmember Blakey asked where the person was apprehended. Ms Palmer clarified that this person
was inside the club drinking alcohol as neither a guest nor a member. Police requested that he leave the
building and the arrest for controlled substance was made outside. The substance of this violation is the
violation of state law to allow the consumption of alcohol by someone not a member or a guest of the
VFW Post.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Blakey moved to retain the $1,000 fine, but to stay $700 of the fine, leaving the VFW
Post to pay $300 providing that the conditions laid out by the City Attorney were carried out, that there
be no other offenses within an 18 -month period and that the logs are readable and up -to -date.
Adopted as amended Yeas - 5 Nays - 2 (Benanav, Lantry)
44. Public hearing to consider the report of the Administrative Law Judge concerning the Currency
Exchange License Renewal Application of New Money Express, Inc., 785 7th Street East.
Virginia Palmer, Assistant City Attorney, appeared and stated that this was a return of an Administrative
Law Judge report. The hearing was held on the proposed renewal of a currency exchange license, held
by New Money Express, Inc. Objections had been voiced to the renewal of the license and the hearing
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was held. After the hearing, the ALJ issued the report recommending approval of the license. The
currency exchange license is a state license and the City can only transmit approval or disapproval to the
State. Staff recommended that the ALJ report be adopted and recommend renewal of the license.
Frank Dvorak, an attorney with Foley and Mansfield, appeared on behalf of New Money Express, Inc.
Mr. Dvorak stated he supported the findings and recommendations of the ALJ.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry stated that there are clearly problems associated with this business. It is a needed
service but the problems occur in the space around the property. There is a church adjacent to this
property and it is a wonderful neighbor that is trying to work through the issues associated with this
property.
Councilmember Lantry moved to accept the findings of fact, recommendations and conclusions of the
Administrative Law Judge.
Adopted findings of fact, recommendations, and conclusions of the Administrative Law Judge -
Application Granted - Yeas - 7Nays - 0
45. Public hearing to consider the report of the Administrative Law Judge concerning the application for
Massage Practitioner and Massage Center (A) Licenses by Eric Weisman, d /b /a Eric Weisman &
Assoc., P.A., 287 Sixth Street.
Virginia Palmer, Assistant City Attorney, stated that Mr. Weisman had applied for a massage
practitioner license and had been recommended for denial based upon his earlier revocation of a state
chiropractor license. A hearing before an ALJ was requested by the applicant. The ALJ report
recommended denial of this massage practitioner license. The Office of LISP recommendrf adoption of
the findings of fact and denial of the application.
No one appeared in opposition. Councilmember Coleman moved to close the public hearing and adopt
the findings of the Administrative Law Judge.
Adopted findings of fact, recommendations, and conclusions of the Administrative Law Judge -
Application Denied Yeas - 7Nays - 0
46. Resolution - 03 -1112 - Approving the petition of Mark Gergen to vacate a portion of Curtice Street
between Hall and Humboldt Avenues to further develop the vacated street and surrounding property
with new homes.
Peter White, Real Estate Division, stated a petition had been received from a property owner to vacate a
right -of -way on Curtice Street on the West Side. Adjacent property will be developed into 12 -15
townhomes. Utilities and city departments were contacted and no objects to this vacation were received.
Staff recommended approval of the resolution and vacation subject to terms and conditions in the
resolution.
No one appeared in opposition. Councilmember Coleman moved to close the public hearing and
approve the vacation.
Adopted Yeas - 7 Nays - 0
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47. Resolution - 03 -1113 - Approving the petition of the City of Saint Paul, on behalf of the Division of
Parks and Recreation, to vacate a part of Winifred Street lying northeasterly of Ada Street to
accommodate the expansion of the Neighborhood House facility.
Peter White, Real Estate Division, appeared and stated this resolution was to vacate the street as part of
the development of the Neighborhood House /Wellstone Center. Utilities and city departments were
contacted, and no objections were received. Staff recommended approval of the resolution and vacation
subject to terms and conditions in the resolution.
No one appeared in opposition. Councilmember Coleman moved to close the public hearing and
approval. AdoptedYeas - 7Nays - 0
48. Resolution - 03 -1114 - Ordering the owner to remove or repair the building(s) at 1863 Iglehart
Avenue with fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to complete the rehabilitation provided the following is completed by noon
on December 17, 2003: 1) the real estate transaction is completed; 2) the code compliance inspection has
been scheduled; and 3) the $2,000 bond is posted.)
Marcia Moermond, Legislative Hearing Officer, stated that the real estate transaction was completed and
the bond has been posted for this property. The Code Compliance inspection is scheduled, and the
recommendation is to grant 180 days for rehabilitation of the property.
Mark Eldridge, 1869 Iglehart, next door property owner, appeared. He said that this home, prior to 1991,
was a nine -room boarding house and it is currently zoned as a duplex. He noted that there was a fire at
the property in May 2002. Mr. Eldridge stated he had been of the understanding that this house would be
returned as a single family home, but that this issue was unclear.
Ms. Moermond stated that the code compliance inspection for the rezoning had to be for a single - family
home or a duplex. All staff present at the hearing from the Office of LISP and the developer indicated it
would be inspected as a single family home. However, if the owner transfers the property to someone
who will use it differently, it cannot be controlled by this process.
Councilmember Benanav moved to close the public hearing and lay the resolution over to December 23,
2003.
Laid over to December 23 Yeas - 7 Nays - 0
49. Resolution - 03 -1115 - Approving an increase in the Sewer Availability Charge (SAC) from $1,275
to $1,350 beginning January 1, 2004.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
AdoptedYeas - 7Nays - 0
50. Resolution - 03 -1116 - Revising the existing three blocks of Area 3 Permit Parking within the
William Mitchell Law School on Portland Avenue and Milton Street.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
AdoptedYeas - 7Nays - 0
51. Resolution - 03 -1117 - Approving a registered land survey for the area bounded by 10th, Wacouta,
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9th, and Sibley Streets in the North Quadrant to allow for construction of 60 new units of affordable
senior rental housing (Lyons Court Senior Housing) and conversion of an existing office building into
50 units of ownership housing.
Lucy Thompson, Department of Planning and Economic Development, presented a staff report. The
registered land survey would create five new tracks on this block; three will remain at surface level to
allow the 9th Street Lofts building to move forward. This would allow underground parking for these
housing units.
No one appeared in opposition. Councilmember Coleman moved to close the public hearing and
approval. AdoptedYeas - 7Nays - 0
52. Final Order - 03 -1118 - In the matter of construction of new bituminous streets with concrete curb
and gutter, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, new
lantern style street lighting system lead water service replacements, and sanitary sewer repairs in the
Davern- Bayard RSVP Project bounded by Randolph Ave., Snelling Ave., Ford Parkway, and Cleveland
Avenue. (File No. 18998 & 18998C)
Colleen Moore, 1774 Norfolk Avenue, appeared and said that the developer of the Gateway project,
across the street from her residence, had told residents on her side of the street that they would not be
assessed for the improvements to the street.
Councilmember Harris moved to close the public hearing Yeas - 7 Nays - 0
Dan Haak, Department of Public Works, stated Norfolk Avenue would be reconstructed as a standard
street project and improvements would be assessed to the abutting property owners.
Councilmember Harris moved that this portion of the resolution be laid over and moved approval of the
remainder of the resolution.
Adopted as amended (the portion of Norfolk Avenue from Davern Street to Gannon Road was laid over
to December 23) Yeas - 7Nays - 0
53. Final Order - 03 -1119 - In the matter of the installation and operating costs for the above standard,
twin lantern lighting system on West 7th Street from Munster Avenue to Madison Avenue, and setting
date of public hearing for December 17, 2003. (File Nos. 18999 and 19000)
No one appeared in opposition. Councilmember Harris moved to close the public hearing and moved
approvalAdoptedYeas - 7Nays - 0
54. Final Order - 03 -1120 - In the matter of constructing Phalen Boulevard from Payne Avenue to
Arcade Street. (File No. 19001)
No one appeared in opposition. Councilmember Blakey moved to close the public hearing and moved
approvalAdoptedYeas - 7Nays - 0
55. Public hearing to consider the application of Wesland, LLC to rezone property at the southeast
corner of Marshall and Western Avenues from P -1 (Parking) to RM -2 (Multiple Family Residential).
(The public hearing will be laid over to January 7)
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Councilmember Coleman moved to lay over to January 7, 2004
Laid over to January 7 Yeas - 7 Nays - 0
56. Public hearing to consider the appeal of Andrea Hauser to a decision of the Planning Commission
approving a site plan for a mixed -use development at 1060 Grand Avenue.
Tom Beach, Office of License, Inspections and Environmental Protection, stated this was an appeal of a
decision by the Planning Commission of the site plan for a mixed -use commercial development at the
southwest corner of Grand Avenue and Oxford Street. Mr. Beach showed pictures of the site to the City
Council and described the site. The site plan calls for a four -story building with 22,000 square feet of
commercial space on the first floor and 29 condo units on three upper floors. Parking would be in the
basement and behind the building. The building would be 48 feet tall. It is stepped back as it rises; the
top floor is about 21 feet back from the property line.
Mr. Beach stated conditions were attached by the Planning Commission, including the hours for
delivery and that no fast -food restaurants go into this development. The District 16 Council voted to
support the project. Other issues that concerned residents were the size of the building and the traffic and
parking impact. The floor area ratio is listed in the grounds for appeal. The floor area ratio means for
every square foot of property, there can be 2 square feet of buildings. The appellant claims the
development exceeds this requirement and that basement parking and storage area should be included in
the formula; however, the zoning code specifically excludes those areas which is why staff feels this is
not a cause for appeal.
Mr. Beach stated that the second issues was traffic. There have been two traffic studies done, one by a
consultant paid for by the developer, and one by the City Department of Public Works. Both studies
came up with the same conclusion that the traffic from this development would be acceptable and could
be handled by the local streets. The appeal states that Oxford Street does not have the capacity to handle
the additional traffic from this project and questions assumptions made about how many people would
cut through the neighborhood to avoid Grand Avenue congestion. The building height is the third
grounds for appeal. The Zoning Code says that in an area zoned B -2, the maximum height of the
building is 30 feet but for every foot it is set back from the property line, it can go up another foot. There
is a difference between staffs' position and the appellant on this issue.
Councilmember Helgen questioned the staff interpretation on the height. Mr. Beach stated that the
developer could build out to the property line of a 30 foot tall building; if they want to increase the
height, it needs to be stepped back. Staff has said that the setback would be applied to the area above 30
feet, the area in question.
Councilmember Benanav questioned the purpose of the code requiring setbacks. Mr. Beach stated there
were concerns with buildings that were lined up with the street and that stepping it back eliminated some
concerns about casting shadows or impeding light onto neighboring properties. Upon question of
Councilmember Lantry, Mr. Beach stated that the back of the building would be 50 -60 feet in from the
alley.
Councilmember Blakey stated traffic was a concern. Monica Beeman, Department of Public Works,
stated that the standard process followed for estimating traffic is based upon trip generation rates set
forth by Public Works, the reference guide for the development of how much traffic is generated by a
site. The city's study concluded that the same amounts of traffic will be present. Percentages that reflect
today's traffic volumes were used to devise new numbers. Those numbers also show that the traffic
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counts would be reasonable.
Andrea Hauser, 1055 Lincoln Avenue and the appellant, appeared before the Council. Ms. Hauser stated
that this appeal was filed as she felt that the building was much too big for the location. There will be
121,000 square feet plus parking and it does not fit with the B -2 Commercial Business zone. Regarding
the floor area ratio, it includes the total floor area of all buildings or structures. The City is using the
definition for the floor area which is used for other purposes, such as parking calculations. A structure is
defined as anything constructed or erected, the use of which requires location on the ground or
attachment to something having location on the ground. This definition includes all accessory uses. This
is relating to the overall density of this site. Also, the building lacks the 18 foot setback. The setback is
measured from the lot line to the above -grade faces of the building. Clearly, the setback is 18 feet back
from Oxford Street and 18 feet back from Grand Avenue. An analysis of the parking shows that in order
to charge a fee for parking, the owner has to have a parking garage license, and they are permitted uses
only in B -4 and B -5. The parking requirements for B -2 list parking as an accessory use. Ms. Hauser
stated this is a very heavily congested part of the City. Neighbors would like to see a nice development
at this location but something of a more appropriate scale.
Charlie Hardy, 1055 Lincoln Avenue, appeared and stated he agreed with Andrea Hauser's assessment
and the violations that would occur with this development. Mr. Hardy stated no one has addressed the
issues raised by the appellant. There was no discussion of this issue at the Zoning Committee and no
City Attorney present at the meeting nor at the Planning Commission meeting. The neighborhood does
not want a "white elephant" development in the area. There is a bottleneck with regard to traffic in this
area, and much of it would end up going through a neighborhood that is not able to handle it.
Dan Dobson, 801 Goodrich Avenue, appeared and stated the height issue is a main problem with this
development. The City's code needs to be interpreted correctly. There are seven -story condos at Grotto
and Grand which are a good example of what needs to happen. The same standard should be applied at
this location.
Amy Levine, 1068 Lincoln Avenue, stated she had been reviewing this project for over two years. While
the developers have made great strides in responding to community needs, they have not got this right
yet. The Council needs to look carefully at the code and apply it to this project. The value of this
neighborhood is based on its scale and charm. The neighborhood brings in property taxes because
people appreciate the combination of livable scale businesses and homes. The code needs to be used to
support and sustain this.
David Gorg, 1061 Lincoln Avenue, said he is an engineer and has taken measurements of this building.
He showed the Council a scale model of the area. There has never been much debate about the height of
this building which is one of the main concerns and reason for debate with this project. This structure
will overwhelm the neighborhood structures.
Brad McNaught, a partner in 1060 Grand Development, appeared with Ned Rukavina and Mark
Vannelli, also developers in this project. Mr. McNaught stated it has never been their intent to charge for
parking at this location. The site plan received approval from City staff, the District 16 Planning
Council, the Zoning Committee and the full Planning Commission. Each group listened to considerable
discussions regarding the project including the floor area ratio, traffic, and building height. Each group
felt this project was consistent with the zoning code on all factors. Mr. McNaught stated that this plan
had gone through several redesigns as a result of listening to adjacent neighbors and others. Also, this
plan included input from the Saint Paul Design Center, Tim Griffin, to review the concept plan and work
the exterior elevations of the building. At Mr. Griffin's suggestion, the exterior of the building was
redesigned to fit in with other commercial and apartment buildings in the neighborhood. The building
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was also designed to reduce massing by setting the residential building facade back 20 feet from the
retail storefront. The redesigned plan was then discussed with District 16, where the developers agreed
to reduce the building height to 48 feet. Landscaping was added in the alley, the trash enclosure was
relocated inside the building, and an agreement was reached on the bus stop enclosure for Grand
Avenue. Mr. McNaught stated that he felt this project was a good example of a collaborative effort
between the developer and the community and feels that they have listened to the concerns of the
community regarding this project.
Melanie Soucheray,1400 Stanford Avenue, stated that she had looked at Smart Growth, as proposed by
the Environmental Protection Agency, Livable Communities, and has been involved in Citizens League
studies into strategic urban development. Ms. Soucheray stated she felt this project fits those principles
and anticipates living in an urban environment such as this.
Jim Seabold stated he was a real estate agent. His area of expertise is new construction within the city
limits, and has been involved with many different projects. Mr. Seabold stated this was a good
opportunity for one -level living, which is highly desired and needed in this neighborhood.
Jim Harrison, Summit Hill Association Zoning and Land Use Committee, stated that the developer had
worked with the neighborhood extensively on this issue. Mr. Harrison stated that Grand Avenue is
evolving and residents should expect change in this area. However, the SHA has the best intentions of
helping Grand Avenue continue to evolve into a livable area that attracts not only the people that come
to visit once a year, but throughout the year.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Helgen stated that this was an attractive building that could be an asset to this area. He
questioned whether the retail space would be consistent with other retail venues along Grand Avenue.
Councilmember Coleman stated that all building facades were to the sidewalk except for one
development across the street from this facility.
Councilmember Coleman stated that the Summit Hill Association (SHA) had worked very hard for this
neighborhood and for this parcel. The initial project (Plan A) was not looked upon favorably by the
SHA. The developer worked with the community to try to change this. Councilmember Coleman stated
he felt the inclusion of the Design Center would ensure a great addition to the neighborhood and a first -
class development. There currently is an issue of height. Councilmember Coleman stated he felt that the
interpretation that staff has is accurate with regard to height.
Councilmember Blakey stated he felt the addition of 29 condos to this area would be positive. Also, the
Planning Commission approved this strongly as did the Zoning Committee. Traffic is a concern but the
traffic studies have helped clarify issues. With the addition of more parking, it can only help the area as
well.
Councilmember Lantry stated that while the developers have made an incredible effort; however, she
had concerns with regard to the height of the building and how it is calculated.
Councilmember Benanav stated he felt that this was a wonderful project, but stated he was concerned
about the precedent being set.
Councilmember Harris stated he felt this would fit into the urban character of Grand Avenue and into
the surrounding neighborhood. The tiering nature makes the building more interesting, and adds
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character to the structure.
Councilmember Coleman stated that one of the reasons for the tiered approach was to make it better for
the residents near this building. This is a good project and it should be supported.
Councilmember Coleman moved approval of the site plan and to deny the appeal.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 1 (Lantry)
57. Public hearing to consider the appeal of Yang Yang, 762 Case Avenue, to a decision of the Board of
Zoning Appeals denying a variance of the off - street parking requirements in order to establish a
restaurant at 1177 Clarence Street.
Councilmember Lantry moved layover to January 7, 2004
Laid over to January 7 Yeas- 7 Nays - 0
Councilmember Blakey moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 8:25 P.M.
Daniel Bostrom, Council President
ATTEST:
February 4, 2004
Minutes approved by Council
Mary Erickson
Assistant Council Secretary
Submitted by: Chris Rider
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