Approved Minutes 1-22-2003Page 1 of 23
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 22, 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 3:40 p.m. by Council President Bostrom
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 25)
The following communications were read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
Letters from the Citizen Service Office, Division of Property Code Enforcement, declaring 2285 Benson
Avenue and 733 Charles Avenue as nuisance properties and setting date of Legislative Hearings for
January 28, 2003, and City Council Hearings for February 5, 2003.
Council President Bostrom stated that a request was received from the Director of the Division of Parks
and Recreation to withdraw Item 5.
Councilmember Blakey requested that Item 16 be laid over two weeks.
Councilmember Lantry 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
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 2 of 23
1. Claims of American Family Insurance Company (for Mor Vue), Barna, Guzy & Steffen, Ltd. (for
Tina Foss), Nathan Grahek, Helen LaFond, Johanna Lestes, David Lipset, Darryl Mangan, and Janet
Pahr.
Referred to the Risk Management Division
2. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on February 13, 2003, at 9:30 a.m., Room 220, Conference Room B, Saint Paul City Hall, 15 West
Kellogg Boulevard, concerning all licenses held by Cab's Pub & Eatery, Inc., dba Cab's Pub & Eatery,
Inc., 992 Arcade Street.
3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on February 19, 2003, at 9:30 a.m., Room 40 -13, Saint Paul City Hall, 15 W. Kellogg Boulevard,
concerning the application for a Saint Paul Taxicab Driver's license by Lawrence Selb.
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on February 5, 2003, to consider the appeal of the Merriam Park Community
Council to a decision of the Saint Paul Planning Commission denying the appeal of a sign permit issued
by the Office of Licensing, Inspections and Environmental Protection (LISP) to replace an existing
billboard sign face and trim with a new sign face and trim and also to replace the horizontal wood
stringers for the east face at 1926 University Avenue West (between Prior and Lynnhurst).
5. Administrative Orders:
D002232 Authorizing an agreement with the Danish Pastry Shop Inc., not to exceed $900.00, for
expenses arising from the twelve 2003 Division of Parks and Recreation Expanded Staff Meetings for
managers, supervisors and city -wide specialists.
Withdrawn by the Director of Parks and Recreation
D002233 Authorizing approval, not to exceed $750.00, to expend funds during 2003 for food and
beverage purchases for regular and subcommittee meetings of the Parks and Recreation Commission.
Withdrawn by the Director of Parks and Recreation
FOR ACTION
6. Approval of minutes of December 18 and 26, 2002, January 2, and January 8, 2003.
Adopted Yeas - 7 Nays - 0
7. Resolution - 03 -35 - Memorializing City Council action taken December 18, 2002, approving the
application, with conditions, of Silver Oak Development for a combined plat to create 25 lots and 1
outlot to provide for single - family residential development at the unaddressed property at Point Douglas
Road, Stinchfield and Burg Streets.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -36- Granting spending authority to the Office of Marketing and Promotions for
sponsoring events during the Saint Paul Winter Carnival.
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -37 - Holding Ramsey County and the City of Maplewood harmless for Saint Paul's
use of Round Lake for a Family Fishing Event on February 1, 2003.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 3 of 23
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -38 - Holding Ramsey County and the City of Roseville harmless for Saint Paul's use
of McCarron's Lake for the Winter Carnival Softball on Ice Tournament on February 1 and 2, 2003.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -39 - Referring to the Saint Paul Planning Commission for study, report, and
recommendation an ordinance defining and regulating dwellings occupied by students.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -40 - Approving the Indemnification and Cooperation Agreement for the City's
participation on the Wold- Chamberlain Field Joint Airport Zoning Board.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -41 - Approving Neighborhood STAR Program Guideline Modifications.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -42 - Approving the application for a Second Hand Dealer -Motor Vehicle License by
Robert Brackey, President, dba Bracs Auto Parts, 80 Arlington Avenue East. (Legislative Hearing
Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
15. Resolution - 02 -43 - Approving the decision of the Legislative Hearing Officer on a Letter of
Deficiency appeal for 376 Fuller Avenue and a Correction Notice for 1953 Wilson Avenue. (Appeal was
withdrawn for 1953 Wilson Avenue.)
Adopted as amended Yeas - 7 Nays - 0
16. Resolution - 03 -44 - Amending Council File 02 -1037 regarding 706 Charles Avenue in order to
grant the owner, Josala Landvick, additional time to complete rehabilitation of the property.
Laid over to February 5 Yeas - 7 Nays - 0
17. Resolution - 03 -45 - Amending Council File 02 -1096 regarding 278 Topping Street in order to grant
the new owner, Wally Nelson, Renovation, Inc., 180 days to complete rehabilitation of the property.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -46 - Concerning adverse action against the Massage Practitioner's license held by
Ursula Ferreyra.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -47 - Concerning adverse action against the licenses held by Mildred Pierce, Inc., dba
Mildred Pierce at Harriet Island, 105 Harriet Island Road.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -48 - Concerning adverse action against the City Contractor license held by Miesen
Roofing, Inc., 3151 County Drive, Little Canada, MN.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -49 - Canceling and rescinding improvements on Hudson Road from Earl Street to
Griffith Street from the Margaret and Atlantic RVSP Paving and Lighting Project adopted by the City
Council in Council File 02 -1131 on December 4, 2002.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 4 of 23
Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -50 - Authorizing the proper City officials to enter into a Sanitary Sewer Use
Agreement with the City of South Saint Paul.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -51 - Approving an agreement between the City of Saint Paul and the owner of
property near Clark Street and Bush Avenue for the City's acquisition of property needed for the Phalen
Boulevard project.
Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -52 - Giving preliminary authorization to the Office of Financial Services, Treasury
Section, to initiate all necessary action leading to the issuance of City General Obligation Capital
Improvement Bonds in the approximate amount of $19,000,000, General Obligation Street Improvement
Bonds in the approximate amount of $2,600,000, Water Revenue Bonds in the approximate amount of
$10,600,000 and such refundings as to produce sufficient savings to justify the issuance.
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 03 -53 - In the matter of the assessment of benefits, cost and
expenses for the installation of new bituminous surfaced roadways, concrete curb and gutter, concrete
driveway aprons and outwalks, boulevard landscaped with sod and trees, construction of a new lantern
style lighting system, and all other work necessary to complete said improvements on Sixth Street
between Mounds Boulevard to Maria Avenue, and setting public hearing date for March 5, 2003. (File
No. 18970)
Adopted Yeas - 7 Nays - 0
Terry Haltiner, Office of Human Resources/Labor Relations, provided an update on contract
negotiations saying that an all -day negotiation session was held on January 2 with eight different unions.
They came up with solutions that he feels will work well for the city and employees. A pattern was
established of a 3% increase in 2003 and .4% in 2004. The agreement was that the wages and benefits
would be worked out as a group and then there would be meetings with individual unions to finalize the
contracts. Mr. Haltiner said AFSCME Clerical and Technical have approved their contract, as has
Manual and Maintenance Supervisors. There are tentative agreements with the Tri- Council, Operating
Engineers, PEA, and SPSO and they were hoping to finalize an agreement on January 23 with the
Classified Confidential group.
Suspension Items:
Councilmember Coleman moved suspension of the rules and a one week layover of the following
resolution:
Resolution - 03 -60 - Approving the January 1, 2003 through December 31, 2004, Agreement between
the City of Saint Paul and Local Unions 2508 (Clerical) and 1842 (Technical), District Council 14 of the
American Federation of State, County and Municipal Employees.
Laid over to February 5 for adoption Yeas - 7 Nays - 0
The Council recognized and extended their best wishes to David Godfrey, Council Research Policy
Analyst, who has accepted a position with Hennepin County. David responded with words of thanks and
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 5 of 23
appreciation to the Council and the entire staff he worked with.
FOR DISCUSSION
26. Resolution - 02 -1095 - Ordering the owner to remove or repair the building at 695 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from November 20)
Marcia Moermond, Legislative Hearing Officer, appeared and told the Council the discussion on this
property issue was continued from November 20 because the owner was in the process of trying to sell
it. The property has had two significant fires and it is a vacant building in dangerous condition. There
are several liens on the estate the most significant being one from the State of Minnesota for back child
support owed. On this date Ms. Moermond said she received a letter and also spoke with the purchaser
of the property and it appears the property will sell for $60,000 which should be enough to cover the
debt owed on the estate and the State of Minnesota's liens. She recommended that the Council allow the
purchaser until February 12, 2003, to post a $2,000 bond with the City, obtain a certificate of
compliance inspection and pay the outstanding vacant building fees. If that has all happened, she would
then recommend that they be allowed 180 days to complete rehabilitation.
Councilmember Blakey moved to lay over to February 12.
Laid over to February 12 Yeas - 7 Nays - 0
27. Report from the City Attorney's Office on the legal status of the State of Minnesota vs. Krinkie &
Snelling Company case. (Report requested by the Council on January 2 laid over from January 8)
Manuel Cervantes, City Attorney, reported that this matter was settled with Mr. Krinkie, the defendant
in the case, by agreeing to withdraw the city's appeal to the Court of Appeals. In exchange for that, the
city will be looking to do a top to bottom review of the Office of License, Inspections, and
Environmental Protection and pay Mr. Krinkie $5,000. In exchange for that, Mr. Krinkie has agreed not
to sue the City of Saint Paul for any potential claims he may have.
28. Report from the Office of License, Inspections and Environmental Protection regarding their
inspection policies and controls. (Report requested by the Council on January 2 laid over from January
8)
Council President Bostrom recommended laying the report over for two weeks due to the change in
leadership in the Office of LISP.
Councilmember Blakey said he would like the Council to hold a closed door session pertaining to the
many issues that have arisen in the Office of LIEP and what the Administration's plans are for the Office
and for dealing with the issues. Manuel Cervantes, City Attorney, responded that generally speaking the
affairs of the city are done in public. When the city is involved in civil litigation against the city or the
city is proposing to settle matters, then it is the prerogative of the Council to request closed sessions to
discuss litigation. The city is not involved in litigation at this time so Mr. Cervantes said he was not
aware of additional authority to hold a closed session.
Laid over to February 5 Yeas - 6 Nays - 1 (Blakey)
29. Review report from Council Research regarding the Office of License, Inspections and
Environmental Protection's Performance Audit as it relates to inspections /correction notices. (Report
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 6 of 23
requested by the Council on January 2 laid over from January 8)
Marcia Moermond, Council Research Policy Analyst, presented a report. She reminded the Council that
the report involves only the Building Permit Plan Review and Inspections assumptions. This
performance audit has gone through its three follow -up reviews before the City Council of 6, 12 and 18-
months. She said no where in the audit did she find anything that would suggest there are any problems
with citation writing procedures or other procedures that relate to anything that was discussed earlier in
this meeting. With respect to the granting of equivalency, there was a finding in the audit that there is
inconsistency among inspectors in the same group and across groups meaning the electrical inspectors as
a group, mechanical inspectors as a group - that some of the individual inspectors may grant
equivalencies for some things that others may not view as being appropriate. An equivalency would be
if the fire inspector told someone they need to have a one -hour fire door, they can go out and buy one.
Also, a piece of sheet metal could be attached to the back of the door. There are cases where some
inspectors are more likely to grant equivalencies than others. Ms. Moermond said this was something
they thought could be addressed within the work group and coming to some shared understanding within
the department about what those equivalencies should be - those interpretations of what the intent of the
building code was when there are several ways to get at the functionality of it.
The settlement agreement discusses establishing a citizens advisory group to the Mayor, Moermond
said, and Council Research has experience and knowledge in having conducted this performance audit
and worked in the area of inspections for awhile. A question came forth from one of the
Councilmembers as to whether or not the Business Review Committee could serve as the Citizen
Advisory Committee. Although it is something the Council should consider, she feels there are other
models that might be more useful. If the Administration is going to be pursuing the advisory committee
quite thoroughly, there is a functional redesign report that was developed at the beginning of the
Coleman administration that basically talked about how to completely re -work many of the functions
within LIEP and Ms. Moermond suggested that would be a good reference point as well as the
department's Strategic Plan.
Council President Bostrom told Ms. Moermond he felt it was important that Council Research continue
to work with the Administration as this goes along and to keep the Council appraised of the progress.
30. Report from the City Attorney and Council Research on the process necessary for establishing the
minimum qualifications for hiring a Fire Chief and establishing and selecting the Fire Chief Examining
Committee at their January 22, 2003, meeting. (Report requested by the Council on January 15)
Marcia Moermond, Council Research Policy Analyst, distributed a memo to the Council outlining
suggestions from Council Research with input from Gerry Hendrickson, Assistant City Attorney. A draft
time table was presented and process considerations as an attachment to the memo which she briefly
reviewed. They suggested the Council start the first reading of the two ordinances on February 5 the
ordinance to establish the examination committee and the ordinance establishing the minimum
qualifications. In order to expedite the procedure, they recommended that the Council put together a
bridge resolution that would direct /allow /request the Administration to post the position prior to the
ordinance establishing the minimum qualifications becoming effective. The earliest dates the ordinance
could become effective would be April 7, 2003. If the position were to be posted for one month, the
posting wouldn't close until the beginning of May and staff felt that was excessive considering that the
position had already been posted nationally and applications have been received.
Councilmember Blakey questioned how the job could be posted when the Council has asked for a
process. Ms. Moermond responded that she did not feel it was done intentionally but rather was an
oversight not to come back to the Council. Council Research staff has put forward a plan that has a re-
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 7 of 23
posting of the position and they have put in that it be re- posted in the event that there are changes to the
minimum qualifications. If there are no changes, the Council may wish to go with the current posting
and receive more information on it.
Councilmember Blakey asked about legal issues with the early posting and applications already
received. Manuel Cervantes, City Attorney, responded that there is no risk issue at this juncture. If the
Council decides that the minimum requirements are going to be changed, then the people who have
applied under the previous criteria would apply under the current criteria that the Council decides to be
appropriate. He reiterated what Ms. Moermond said that if there is a change in the minimum
requirements, it would be re- posted and if the original applicants qualify for the new minimum
requirements, they would then be considered for the position. If they don't qualify, they would not be
considered.
Ms. Moermond said the purpose of looking at the time table right now would be that the Council can
establish, for the benefit of Council Research in the drafting of the two ordinances and also for all the
other stakeholders in this process, what is going to be done by what date and what the expectations are
over the next several months so that there will not be any inadvertent errors in posting or other kinds of
things related with filling this position in the future.
Ms. Moermond said the Mayor believes that what Human Resources put together will work and both of
the key fire unions believe it will work. Council Research felt that was tantamount to an advisory
committee recommendation to the Council. She noted that in discussions with the City Attorney's
Office, this probably is not the best approach for the future as Councilmember Blakey brought up - to
have the position posted and there being a lack of information about who would be doing what at which
juncture. She said the Gerry Hendrickson suggested that one of the alternatives the Council could be
looking at is directing the development of an administrative ordinance outlining the process for filing
these positions.
Beginning with the proposed minimum qualifications does not get the Council any closer in terms of
addressing the question to do with any analysis of a candidate pool within the current fire department or
across national fire departments and whether or not people do qualify and how many people qualify
when the qualifications become more stringent.
Discussion ensued amongst the Councilmembers regarding concerns about the eligibility of females and
people of color and education requirements
Bob Morrison, representing the fire chiefs officer's group for the City of Saint Paul, appeared and talked
about individuals in the department who would meet the minimum quals.
The City Council voted to establish the following minimum qualifications for Fire Chief which will
have to be passed by Ordinance by the Council:
A bachelor's degree in fire science, business administration, public administration or a closely related
field, and five years of full time paid multi - company command level experience as a Chief Officer at the
district/battalion level or above are required. Such command level experience shall include the areas of
fire suppression, rescue, fire prevention, fire investigations, emergency medical services, hazardous
materials, management information systems, and emergency response planning and exercise using an all
hazards approach. A master's degree in one of the aforementioned fields is desirable.
Councilmember Lantry moved to accept the minimum qualifications.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 8 of 23
Adopted Yeas - 5 Nays - 2 (Blakey, Coleman)
Councilmember Harris moved to accept the Time Table for Fire Chief Search, Screen and Appointment
Process as outlined in the January 22, 2003, memorandum submitted by the Council Research Policy
Analysts.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry moved approval of the following members to serve on the Fire Chief
Examination Committee:
• Bruce A. Beneke, Attorney, Director of Southern Minnesota Regional Legal Services (SMRLS)
• Dr. Bruce Corrie, PhD, Professor at Concordia College
• R.J. Frascone, M.D., Medical Director at Regions Hospital works closely with the Saint Paul Fire
Department
• Bill Buth, Director of Building Owners Management Association (BOMA)
• William Collins, Executive Director of the YWCA
• Dick Leitner, City of Saint Paul Fire Captain, President of Local 421
• Tim Marx, Attorney with Briggs and Morgan, Former Deputy Mayor, Chair -Elect of the Chamber of
Commerce Executive Committee
• Georgia Lickness, President of American Indians in Unity
• Song Lo Fawcett, Attorney, Chair of the Saint Paul Human Rights Commission
• Jack Hoffmann, City of Saint. Paul Fire District Chief, member of Fire Supervisors Association
• Stacy Hohertz, City of St. Paul Fire Captain, member of Local 421
• Pat Fish, City of St. Paul Fire Prevention
• Nick Khaliq, Chair of the NAACP, Retired City of Saint Paul Firefighter
• Terrance Cullan, Attorney with Felhaber, Larson, Fenlon and Vogt
Adopted Yeas - 7 Nays - 0
Councilmember Lantry moved approval of the following Ex Officio members to serve on the Fire Chief
Examination Committee:
• Manuel Cervantes, Saint Paul City Attorney
• Tim Fuller, City of Saint Paul Fire Chief
• Angie Nalezny, City of Saint Paul Human Resources Director
Adopted Yeas - 7 Nays - 0
Councilmember Blakey said it was his understanding there was going to be a nation -wide reading of
who qualifies or not and he would like to see that back before the Council. Ms. Moermond responded
that staff will meet with Human Resources and put together some information. She said her sense is that
they will rely on a sampling of particular cities throughout the country. It is not possible, nor does the
information exist, on a uniform basis nationally. They will rely on associations such as the International
Association of Fire Chiefs, etc. and there may have cataloged information that would be relied.
31. Administrative Order:
D002220 Extending Lease Agreement PW /41 with Eller Media Company granting the continued use of
3,750 square feet of vacant land near Cayuga Street and 35E for the purpose of operating and
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 9 of 23
maintaining an outdoor advertising sign. (Laid over from January 15)
Councilmember Lantry referred to a letter received from Peter Warner, Assistant City Attorney. She had
raised a question as to why this was before the Council and whether this lease has to be renewed. Lantry
said she would like to send a message to the Administration, Public Works and Real Estate that the lease
not be renewed.
Councilmember Reiter stated that according to the paperwork, the State may buy the land within a year.
Eller Media pays the City approximately $30,000 per year for the land so Reiter said he was not in favor
of not renewing the lease. Councilmember Lantry said the land may be taken in the relocation of 35E.
Considering the fiscal operations of the State, she is concerned as to whether or not the relocation of 35E
will proceed as planned.
Council President Bostrom pointed out that the administrative order indicates that the lease agreement is
being extended to September 30, 2002, so there is some uncertainty as to what they are dealing with.
Councilmember Lantry concurred that the lease may have already been executed but her original
question was why the city was continuing to renew this lease.
Council President Bostrom suggested laying this matter over for two weeks to get an explanation of the
administrative order.
Councilmember Lantry moved to lay over two weeks.
Laid over to February 5 Yeas - 4 Nays -3 (Blakey, Coleman, Reiter)
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. Second Reading 03 -33 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase the fees charged for various permits.
Laid over to February 5 for third reading /public hearing
33. First Reading - 03 -54 - An ordinance amending Saint Paul Legislative Code Chapter 271 pertaining
to Disorderly Houses.
Laid over to February 5 for second reading
Suspension Items:
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -61 - Recognizing David Baker upon his resignation as the Real Estate - Business
Development Manager for the West Side's Riverview Economic Development Association and declaring
January 29, 2003, to be Dave Baker Day in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
Councilmember Harris moved suspension of the rules and approval of the following resolution:
file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 10 of 23
Resolution - 03 -62 - Honoring the World's Toughest Rodeo series and declaring January 31, 2003, to be
Steve Gander Day in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
The meeting was recessed from 5:20 to 5:50 p.m.
Roll Call: Present - 7 Absent - 0
Councilmember Harris introduced Boy Scout Troop 45 from Highland Catholic School who were
present to observe the Council meeting. Each member of the troop introduced themselves to the Council.
Councilmember Benanav introduced two young men from Ward 4, Tom Shestack who is working on his
Eagle Badge, and Robert (name undecipherable) who is working on a Life Badge. They were also
present to observe the Council meeting.
PUBLIC HEARINGS
34. Third Reading - 03 -3 - An ordinance establishing the minimum qualifications for the vacancy for the
position of Fire 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. (No action required, as this ordinance was recalled and
withdrawn by the City Council on January 15, 2003.)
35. Third Reading - 03 -4 - An ordinance establishing an Examining Committee for the position of Fire
Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter. (No action required,
as this ordinance was recalled and withdrawn by the City Council on January 15, 2003.)
36. Third Reading - 03 -22 - An ordinance prohibiting deer feeding within the City.
Councilmember Lantry said this ordinance is a combination of a deer management plan of Community
Council District 1, representing the Highwood - Battle Creek area in Ward 7. They, along with Lantry's
office, have been working with the Department of Natural Resources, the City of Maplewood, Ramsey
County, and St. Paul Division of Parks. As part of the deer management plan, the idea was brought up
that a no -feed ordinance should be implemented for deer in the City of Saint Paul. District 1 has hosted
several community meetings and the ordinance is part of the final deer management plan.
Appearing in support of the ordinance was Jeanne Wiggum, 1647 Laurel Avenue, Vice President of the
Friends of the Parks and Trails of Saint Paul and Ramsey County. This issue was discussed by their
Board and a resolution was passed in support of the ordinance. She said they believe it's the best source
of action for both the deer and the people.
Appearing in opposition to the ordinance were Tom and Susan Dimond, Highwood Hills. Mr. Dimond
read a prepared letter saying they have enjoyed feeding and watching the birds for years and all the wild
life will eat from the bird feeders. They live in a wooded area and have hundreds of wooded area in their
neighborhood. He questioned if there will be police or inspectors going into peoples yards and deciding
what is an approved bird food and what is an approved bird feeder. The records show that even though
there has been a huge increase in the number of cars on Highway 61 and Lower Afton Road, there has
not been a corresponding increase in the deer. He said the problem is not with people putting food out
for the birds but the problem is the continued building of homes on the land where the wildlife lives.
Because of the constant encroachment on the wildlife, they have learned to adapt.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 11 of 23
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Laid over to February 5 for final adoption
37. Resolution - 03 -24 - Ordering the owner to remove or repair the building(s) at 790 Laurel Avenue
within fifteen (15) days from adoption of resolution. (Laid over from January 8) (Legislative Hearing
Officer recommends granting the owner 180 days to rehabilitate the property)
Marcia Moermond, Legislative Hearing Officer, appeared and said they were waiting for a bond to be
posted on this property, the vacant building fees to be paid, and a code compliance inspection indicating
the necessary repairs for it to be reoccupied. All of those things have been done and a purchase
agreement has been signed by EMK Development who will be re- developing the property. She
recommended that the Council grant them 180 days to rehabilitate the property
No one appeared in opposition Councilmember Blakey moved to close the public hearing and approval
as amended.
Adopted as amended Yeas - 7 Nays - 0
38. Resolution - 03 -25 - Ordering the owner to remove or repair the building(s) at 730 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (Laid over from January 8) (Legislative
Hearing Officer recommends granting the owner 180 days to rehabilitate the property)
Marcia Moermond, Legislative Hearing Officer, appeared and reported that a $2,000 bond has been
posted, the vacant building fees have been paid, a code compliance inspection has been conducted, and a
rehabilitation plan has been put together by Wally Nelson of Renovation, Inc.
No one appeared in opposition Councilmember Blakey moved to close the public hearing and approval
as amended.
Adopted as amended Yeas - 7 Nays - 0
39. Resolution - 03 -55 - Authorizing the Department of Planning and Economic Development to apply
to the Minnesota Department of Trade and Economic Development for $400,000 $310,000 in Minnesota
Investment Funds as a grant to the City of Saint Paul and financial assistance to the Ford Motor
Company for refurbishment of office space at their Saint Paul Assembly Plant.
John Young, St. Paul Port Authority, appeared. He said the correct amount is for $310,000 worth of
assistance and not $400,000 as indicated on the agenda. It is an application to the Minnesota Investment
Fund operated by the Department of Trade and Economic Development (DTED). It is to help Ford
Motor Company build out office space for some new employees it has brought to St. Paul. The statute
requires a public hearing before the application is submitted to DTED.
Mr. Young said the Minnesota Investment Fund was started in 1984 to assist employers in retaining
jobs, creating new jobs, and making capital improvements to their facilities and it is a perfect fit for Ford
Motor Company. They have brought 31 highly paid, highly skilled engineers to St. Paul from New
Jersey and Michigan to help revamp and rejuvenate the Ford Ranger Pickup line. He said there are many
reasons to help Ford in this endeavor one of them is the enormous employment they have - over 2,200
employees, and they are such an economic engine for St. Paul and this region. Also, they have quietly
made about $13 million worth of improvements to their plant and their grounds over the last five years.
The application will be based on a forgivable loan of $10,000 per engineer for $310,000. If at the end of
two years there are 30 engineers, Ford would owe DTED $10,000 so it would be repaid on a pro -rata
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 12 of 23
basis. Mr. Young said this structure is a little different for DTED. They have an internal policy of asking
that the Minnesota Investment Fund assistances be repayment loans. The Port Authority feels because
Ford Motor Company is so important to the city and they have done so much on their own, it is a case
where it should be a forgivable loan based on the 31 engineers.
Ron Gray, Manufacturing Planning Manager from Ford, appeared. He thanked the Council for
considering the application and said the Twin City Assembly Plant, the City of Saint Paul, and the
Highland Community have had a close relationship over the past 75 years. The Ranger has been
manufactured for over 25 years and, as mentioned by Mr. Young, a number of improvements have been
made to the facilities, grounds, and the riverfront over that time. The Twin Cities has been selected as
the lead plant for the Ranger product line which is the reason for the application and the 31 engineers
who will be brought in will help in improving Ford's quality even further. To house them properly,
permanent facilities have to be built on the grounds.
Councilmember Coleman asked, considering the directive from the Governor to freeze any discretionary
grants, whether this application is exempted or if it would make a difference if this wasn't structured as a
forgivable loan but as a straight loan. Mr. Young concurred that the Governor did issue a freeze on those
monies however, the current situation is that they have taken $1.3 million out of the Minnesota
Investment Fund. There was a little over $2 million in that fund so they are down to about $8 or $9
thousand. His understanding from DTED is that that money is available at this time for grants so the
forgivable loan basis or not does not have a bearing on how much may be available.
Councilmember Harris commended Ford Motor Company for the great asset they are to the community.
No one appeared in opposition Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
40. Resolution - 03 -56 - Approving the petition of the City of Saint Paul to vacate Norpac Road and
dispose of the Cites interest of excess property to be used for the Troutbrook Project at the Trillium Site.
Peter White, Real Estate Division, displayed a map and explained the area which is off of Jackson Street
and Maryland Avenue. Norpac Road is not actually a road but is property that the city owns in fee. It
runs under Maryland Avenue to the south and is known as the Trillium Site. It was originally owned by
Great Northern Railroad and was used as access into the property. There is a physical road there with
access to the property on the south. When the city bought the property, it was recognized that full rights
to the property are not needed but only a roadway easement for access to the property. The other issue
involved is that the property owner to the north and to the east of the property had been leasing property
from both the railroad and the owner prior to the city owning the property. That person leased part of the
property.
The resolution is a proposal for the city to retain a standard 60 foot wide street easement and sell the
property to the highest bidder under Chapter 51 of the Legislative Code. The estimated value is about
$85,000.
Councilmember Harris asked where the proceeds of the sale will go. Mr. White said there was a zoning
issue with this property and the property owner sued the city. As part of the settlement, the city agreed to
purchase the property. Currently, there are not enough funds to reimburse all the money that has been
paid out to purchase the property. The money would go to pay back the fund to buy the property - into
the actual purchase of the property. The property cost the city $3.2 million of which about $2.7 million
is in hand.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 13 of 23
John Thoempke, 1483 N. Kent Street, Chair of the District 6 Planning Council, appeared. He said
District 6 has not had an opportunity to review this proposal and they asked that the Council lay over the
matter in order for them to review it. At one point they thought they could use the vacated old Maryland
to go to the Trillium Site which seemed to be a more appropriate place but the city sold that site so
presently Norpac Road is the only way into the site. He said they do not consider it excess property but
rather they think it is essential for the development of the Trillium Site. They think it would be better to
continue the lease arrangement which, in their opinion, would generate a lot more money for the city
than selling it. At $2.18 /sq. ft. it is a tremendous buy for anyone and it is valuable property.
Councilmember Reiter moved to lay over to February 5.
Laid over to February 5 for continuation of the public hearing.
Yeas - 7 Nays - 0
41. Resolution - 03 -57 - Approving the petition of Todd Daddario to vacate the north half of Pullman
Avenue from the east line of White Bear Avenue to 140 feet east for additional space needed for
construction of a driveway.
No one appeared in opposition Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
42. Resolution - 03 -58 - Approving the petition of the Hmong American Partnership to vacate part of the
alley in E. M. Mackubin's Subdivision of Block 1, Arlington Hills Addition to facilitate the construction
of an office building.
Council President Bostrom said this involves replacing the old YMCA on Arcade Street.
No one appeared in opposition Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
43. Resolution - 03 -59 - Approving the petition of the Salvation Army to vacate that part of Forbes
Avenue lying northwesterly of West Seventh Street and Easterly of Smith Street to accommodate
development of a parking area and green space.
Peter White, Real Estate Division, appeared and said the Salvation Army wants to vacate the subject
property in order to put a parking lot in the vacated area. They will also do landscaping and park
improvements. Mr. White noted there were no objections from neigboring property owners or from city
departments and utilities.
No one appeared in opposition Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
44. Public hearing, required by the Housing and Redevelopment Authority of the City of Saint Paul
(HRA), to provide for public comment concerning the acquisition of 719 Burr Street under the potential
of condemnation if approved for acquisition by the HRA on February 12, 2003.
Shery Pemberton, Department of Planning and Economic Development (PED), presented a staff report.
The property at 719 Burr Street is Korman's Grocery Store which had been a problem property for quite
some time and is now closed. The city is trying to acquire the property and under a new state statute, a
public hearing is required before the City Council if the property is going to be acquired through
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 14 of 23
negotiations or condemnation. The property is adjacent to some land that the Housing and
Redevelopment Authority currently owns and it would be developed with housing. The property at 719
Burr would become an expansion of neighborhood services for youth in the neighborhood through
Merrick Community Services.
No one appeared in opposition.
Appearing in support were:
Dawn and Rick Weber, homeowners in Railroad Island, and
Troy Trooien, resident of Railroad Island
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
45. Public hearing to consider the appeal of Lincoln Outdoor Advertising to a decision of the Planning
Commission denying an appeal of an order to remove an advertising sign at 710 Dale Street North
(between Van Buren and Minnehaha Avenues). (Laid over from December 18)
Yang Zhang, Department of Planning and Economic Development (PED), presented a staff report. On
July 24, 2002, an inspector from the Office of License, Inspections and Environmental Protection
(LISP) sent a letter to the owner of the property at 710 Dale Street N. informing him that the sign had no
face for years and that it had to be removed within 30 days. Also, due to the city's prohibition on new
advertising signs, the owner cannot put up a new sign face at this location The owner informed the city
inspector that the sign structure was now owned by Lincoln Outdoor Advertising. On August 27, 2002, a
LIEP inspector sent a letter to Mr. Dan Eischens with Lincoln stating that Lincoln purchased the
property in June 2002 with the knowledge that the structure had no sign faces for many years and had to
be removed. New sign faces were put up by Lincoln in August without a permit.
On September 23, 2002, Lincoln Outdoor appealed the decision of the Office of LISP to the Planning
Commission. Ms. Zhang displayed a picture from December 1999 showing there was no sign face and
one from June 2002 again with no sign face. Minnesota Statute provides that when a non - conforming
use is discontinued for more than one year, any subsequent use or occupancy shall be a conforming use.
The Zoning Committee met on this matter on November 14, 2002, and unanimously recommended
denial. The Planning Commission also unanimously recommended denial on November 22, 2002.
Dan Eischens with Lincoln Outdoor Advertising, distributed a letter to the Council which he reviewed.
He said the structure was built as a legal billboard and there has been intermittent advertising on it. He
bought the billboard in June, 2002. Up until July 2002, there were no notices written or posted to the
previous owner as to any problems with the billboard. He felt the problem arose due to the fact that they
put new advertising copy on it. He did not think there was anything that prohibits that or that a permit
was needed for changing advertising copy. Mr. Eischens said their position is that if there had been any
kind of problem or zoning issue, there should have been a notice issued and there should have been an
opportunity to remedy the situation. He feels they have done everything in good faith.
Appearing in opposition to the appeal was Jeanne Wiggum, 1647 Laurel, who said she began taking
pictures of the structure in 1998 and has observed the billboard having no advertising faces or messages
during that entire time. She suggested that the city should attempt to recoup the money this company has
earned from advertising on it illegally.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 15 of 23
Councilmember Blakey asked the city attorney what the Council's options were. Manuel Cervantes, City
Attorney, responded that with any appeal the Council is acting as a quasi judicial body reviewing an
appeal that the appellant has brought forward. In order to not accept the recommendation of the Planning
Commission, the Council would have to find that they erred in fact or in law. The options are that the
Council would deny the appeal and accept the findings of the Commission or accept the appeal
overturning the Commission's recommendation if an error can be found in their findings, facts, or law.
Councilmember Harris asked if the city notified the sign owner that he was in violation of the Code. Ms.
Zhang responded that a letter was sent to the property owner by the Office of LIEP the sign was owned
by a company that no longer exists.
Councilmember Harris said he felt the Planning Commissions decision was clear and that Lincoln
Outdoor Advertising bought a billboard that was in violation and Mr. Eischens may have some recourse
with the person who sold it to him.
Councilmember Blakey moved to deny the appeal.
Motion of Intent - Appeal Denied Yeas - 7 Nays - 0
46. Public hearing to consider the appeals of David Dorris, Charles and Carolyn Dorris, Louis Stanfield
and Jennifer Dorris to a decision of the Heritage Preservation Commission denying a building permit to
convert an auto garage to a residence at 1575 Summit Avenue (Summit Avenue West Historic District).
(Laid over from January 8)
Amy Spong, staff person to the Heritage Preservation Commission (HPC), reported that there was a late
addition to the packet materials which was a letter from Royce Yeater, Midwest Director for the
National Trust for Historic Preservation.
Ms. Spong said this appeal comes down to basic design review principles that were put in place to
protect the character and architectural integrity of the Summit Avenue West District. Other issues have
surrounded this proposal and have spurred a lot of correspondence partial demolition of the structure
without a building permit and appropriate approval and zoning review are a few of the issues. The
Commission based their decision on the significance and integrity of the site and then applied applicable
design review guidelines.
Ms. Spong showed photos of the site. She said staff uses a very specific process in determining whether
an addition or alteration to a structure meet applicable design review guidelines. She reviewed the
established process that the HPC goes through.
David Dorris, the appellant and property owner, and Louis Stanfield, residents of 1575 Summit Avenue,
appeared. Mr. Dorris said their appeal is not actually involving design decisions but rather about
whether the HPC is or is not following their own mandate.
Mr. Stanfield spoke on behalf of their appeal. He reiterated what Mr. Dorris said that they do not feel the
issue is about the design of the carriage house but that it is a much more simple matter. When the City
Council created the Summit West Preservation District, they charged the HPC with preserving the work
of previous generations. The guidelines in the guiding section of the mandate, HPC Section 74.35C -
Intent and Purpose - are not hard and fast regulations they are flexible criteria and their purpose is to
provide assurance to homeowners that permit review will be based on clear standards rather than the
tastes of individual Commission members.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 16 of 23
Mr. Stanfield said their purpose is to provide handicapped accessible housing for David Dorris' elderly
and disabled parents. .
This is a garage they are talking about and it was not designed by an architect but was built by a
contractor. He noted that Ms. Spong's report talks about the second floor being added to the structure
and in the staff objections to their proposal, the second floor was the only thing that was approved as the
guidelines actually allow a second floor.
The roof height of the proposed structure is only five feet higher than the existing roof. The necessity for
the second floor is that without it, the parents would only have 600 feet of space to live in. The main
home is not handicap accessible and would require a tremendous amount of funds to make it accessible.
Mr. Stanfield said they were not aware that a demolition permit was required nor did their building
contractor or the roofing company know. When they attended the HPC meeting and this point was
brought up, at least two HPC members did not know a permit was required. They have attempted to
come up with a design to conserve the roof as well as save other parts of the building to preserve its
character.
Mr. Stanfield said their whole appeal is based on staffs criticism of their proposal being based solely on
a rigid and literal interpretation of guidelines which everywhere say "should" "ought" "may" unlike the
Zoning Code which says "shall" and "will." They find themselves caught up in a rigid application of
Zoning's requirements.
At Councilmember Benanav's request, Mr. Stanfield said they agreed to meet with two architect
members of the HPC, the chairman and Ms. Spong. They attended a long meeting in Benanav's office
and the HPC asked for a number of changes to the two -story design which they agreed to make. They
agreed to modify the dormer, the windows, and the cladding on the second floor. They did not agree to
preserve the bathroom window of the tacked on addition. The whole structure was not built in 1909. A
permit was pulled in 1915 and the chauffeur's apartment was added on the back. The windows do not
contribute to the style of the architecture and they do not at all match the original windows of the garage.
At the HPC meeting, Stanfield said the members were not as concerned over the design as they were
with the proposed location for the new garage. The reason they did not propose a one -story design is
because of the severe grade changes on the lot. They have to consider wheelchair accessibility for both
the mother and the sister. Every feature added to the structure is strictly for handicap accessibility.
Larry Soderholm, Department of Planning and Economic Development Planning Administrator and
staff to the Planning Commission, appeared and explained that this proposed development required not
only HPC review but also required a special condition use permit from the Planning Commission. The
Planning Commission reviewed it, held a public hearing, and thought it was a good project. He told the
Council he sent them a letter explaining why the Planning Commission did not review it in relation to
the HPC guidelines but the Planning Commission supports it as a project. It is duplex zoning so the
house could be made into a duplex but they are proposing to have two units on a lot that would big
enough to have six units under the Zoning Code.
Councilmember Lantry clarified that the Council was not discussing any Planning Commission action,
that it is only an HPC matter and the Council has to decide whether the HPC erred in their findings.
Councilmember Benanav added that there are two processes involved: one is the zoning issue and the
other is the HPC issues so just because Zoning and Planning recommends approval does not means it's a
"go" there is a separate process. The issue at this time is not whether it's appropriately zoned, etc. but
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 17 of 23
whether it meets the guidelines of the Summit Avenue Historic District.
The following individuals appeared in opposition to the appeal:
Gar Hargens, 548 Portland Avenue, Chair of the HPC. He noted that he is reaching his 30th year of
registration as an architect in Minnesota. At their annual meeting, the HPC reviewed the progress of
their designation and street signage programs which are key in the HP's mission and their permitting
record for 2002. They had 468 permits and only 14 of them were denied. Of those 14, several people
reapplied and were approved. Five were denied and came to the Council the Council upheld two of
them, returned two to the HPC, and one was dismissed as a tie. Mr. Hargens said the success of their
record indicates their conscious effort to be as helpful as possible to applicants and whenever possible,
to strive to help them to achieve their goals. Within the city ordinance, the HPC is to uphold the very
clear standards set up by the Secretary of the Interior. He noted that many of their approvals in 2002
were based on changes they worked out with the applicants. Experienced architects and engineers know
there is seldom one solution to a design problem. In the meeting with Benanav, HPC Commissioners
suggested the single story scheme would substantially answer the HPC's concerns and would also have
the advantage to the family of not requiring an elevator. Mr. Dorris rejected that idea and
Commissioners then proposed a number of modifications to the two -story scheme which they thought
would make it acceptable to the rest of the Commission. Mr. Dorris responded to that request in time for
the annual meeting. However, when the full Commission reviewed the changes, the original concerns
about upstaging the original house were still there and the applicant was again requested to go further
and explore the one -story option. He has refused and that is why the matter is before the Council.
The HPC believes there are other and better solutions that will meet the owner's needs and the guidelines
and the HPC is willing to work toward that goal. Many of the concerns raised in the correspondence of
the applicant and the presentation are answered appropriately by Tom Riddering, Office of LISP, and
were provided to the Council
Paul Larson, Architectural Historian and HPC member, said it is his firm belief that no privately held
historic property should be taken to be such a public icon that it's not allowed to rediscover its place and
function. As a Preservation Commissioner, he said he serves under an ordinance that obligates him to
render judgment informed by historic district guidelines and rehabilitation standards of the Department
of Interior. These are not the opinions of the HPC but are local and national documents which are the
HPC's job to interpret and apply to the individual cases that come before them. He quoted from the
Summit Avenue West Design Guidelines: "Buildings should be used for their original intended purposes
or compatible purposes which require minimum alteration of the building and its site. Existing window
and door openings should be retained. New window and door openings should not be introduced into
principle elevations. He said Mr. Stanfield has taken the HPC to task for applying rigid and literal
interpretation of the guidelines to his proposal.
Dan Scott, HPC member, talked about process, precedent, procedure. He said that Mr. Stanfield
suggested that the application and the appeal of the application is not about design or design guidelines
but it's about flexibility and whether or not someone has to be placed in a nursing home. The HPC
would submit it's to the contrary it is about the process and it begs people's patience to suggest that
people didn't know about the requirements of this particular district or that there was a permit that was
necessary before work was started on the building. Over four years ago Mr. Dorris was provided with
written materials by the previous HPC staff member for this very type of project and design proposal. It
was laid out in those materials and is reflected in staff notes that it was presented and the information
was provided to the applicant as to what the guidelines required and what the application process
involved. One of the very first steps of the application process is it provides applicants or citizens the
opportunity to have a design review or a concept review with the Commission or Commission members.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 18 of 23
That invitation was extended to Mr. Dorris and it was not accepted nor were any of the processes or
procedures followed by the application. This was a thoughtful process, Mr. Scott said, and he asked the
Council to uphold the decision of the HPC.
Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Benanav said he feels there's a solution that can be found and he's not ready to make a
decision yet.
Councilmember Benanav moved to send the matter back to the HPC for a design review with
Commission members and have it come back to the Council in three weeks. He strongly encouraged all
parties to try to reach an agreement. All options should be considered, he said.
Discussion ensued amongst Councilmembers.
Laid over to February 12 (Referred back to the Heritage Preservation Commission for design review)
Yeas - 6 Nays - 1 (Coleman)
47. Public hearing to consider the appeal of Wally Nelson to a decision of the Board of Zoning Appeals
denying three variances in order to split a lot and construct a new single family dwelling at 1036 Desoto
Street.
John Hardwick, Zoning Administrator's Office, presented a staff report. On November 25, 2002, the
Board of Zoning Appeals (BZA) held a public hearing on a request by the appellant for three variances
in order to subdivide a parcel and construct a new single family home. Staff recommended approval of
the variances finding that the proposed new single family home would be consistent with the
Comprehensive Plan. The Development Committee of District 5 recommended denial of the variance
although the BZA did not receive that recommendation prior to their hearing. The Board took testimony
from the applicant and the people in opposition and the Board voted to deny the variances on a 4 -1 vote
with one abstention finding that the variances were not in keeping with the Comprehensive Plan. The
applicant subsequently filed this appeal.
Brad Morrow, a partner with Wally Nelson in Renovation, Inc., appeared and said the duplex on the lot
has been classified as a duplex since 1930 and has not been reclassified since that time. Last year they
rehabilitated the duplex and at the present time there are two families living there. When the area was
originally platted, the lots were all 44 ft. wide allowing for either a duplex or single family housing. Not
until 1993 did the zoning ordinance change to a larger lot for duplexes. The applicants would like to use
both lots for the original purpose of two separate dwellings. It is consistent with what is already existing
in the neighborhood and according to the Small Area Plan, efforts should be made to construct new
single family homes for sale to homeowners on individual vacant lots throughout the area. Also,
according to the Small Area Plan, the goal is to provide a mixture of ownership and rental housing
meeting the needs of a wide spectrum of households. By allowing the variances, they will be serving the
needs of the neighborhood where duplexes and single family homes are mixed. Mr. Morrow noted that
there are already 17 duplexes on non - conforming lots in the immediate neighborhood. This project is
consistent with what already exists in the neighborhood and is in the spirit and intent of the code of the
Comprehensive Plan.
Appearing in opposition to the appeal were:
Paul Maruska, 1037 Burr Street, said he set up a neighborhood meeting on November 10, 2002 with
regard to this matter. He said the variances are not for the single - family home being proposed on the lot
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 19 of 23
adjacent to the duplex. At the meeting, the neighbors determined that the variances would not be of
benefit to the neighborhood and putting a duplex on such a small lot would not be a benefit. On
November 18, the Neighborhood Block Group made their findings and recommendations to the Office
of LIEP for the BZA hearing. The District 5 Community Council CPED Committee held their meeting
on November 18 with the neighborhood and at that time they voted to not support the variances and the
District 5 Board followed that recommendation. On November 25, Mr. Maruska and some of the
neighbors attended the BZA hearing and explained their position with regard to not supporting the
variances.
With regard to the neighborhood findings, they try to base them on what the current code is and what
would be beneficial to the neighborhood. They found that the variances would not be beneficial to this
mostly single family neighborhood and part and due to the Small Area Plan and the City Code. The
requested variances would allow an existing legal non - conforming use of this property which has
existed since 1993 and would allow the duplex to be put on a smaller and more insufficient lot with
respect to width, area, setbacks, and parking requirements.
Otimio Vasquez, 1033 Desoto Street, said within a three block area there is a total of 17 vacant lots
where dwellings can be built and it's time to stop giving variances. If the variances are granted and that
type of building continues, housing will become so dense that people will not want to live in the area.
He asked the Council to uphold the lot sizes.
Angela Simons Vasquez, 1031 Desoto Street, appeared and said she opposed the variances because of
the density in the neighborhood. The duplex was used as a single family home for a number of years and
then was turned back into a duplex. There are two families living there with a total of five children.
Adding another home would leave no yard area.
Councilmember Reiter moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Reiter moved to lay over two weeks to work out some of the issues.
Council President Bostrom said if the house that currently exists was used as a single family house he
would not have a problem with putting up another house.
Councilmember Lantry said the building was a duplex and in 1993 the Small Area Plan came into effect
which said it's a legal non - conforming use. The most previous owners lived in it as a single family
dwelling so it's use was discontinued for 365 days consecutively therefore, it has to revert to the correct
zoning which would make it a single family dwelling.
Mr. Hardwick said Ms. Lantry was correct in her interpretation of the ordinance but the Zoning
Administrator has the charge and the authority to determine what the status is of the property. Before the
Zoning Administrator makes that determination all of the records that are available in the city and the
county assessor's office as well as various other sources are researched. The Zoning Administrator
determined that this building was legally non - conforming as a duplex. The Administrator could not find
in any of the research any evidence to support that the building had been changed to a single family
home. If it would have been found that it was changed, then it could not revert to a duplex without going
through the Planning Commission. However, there are administrative and legal remedies for someone
who believes the Zoning Administrator has erred in the determination but that has not been done.
Laid over to February 5 Yeas - 7 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 20 of 23
48. Public hearing to consider the appeal of Maya and Nicholas Lopez- SantaMaria to a decision of the
Board of Zoning Appeals denying a variance in order to move an over -size garage onto the property at
492 Concord Street.
John Hardwick, Zoning Administrator's Office, presented a staff report. On December 9, 2002, the
Board of Zoning Appeals (BZA) held a public hearing on the appellant's request for a variance to move
a 1,000 sq. ft. garage from 470 E. Page Street across the street to 492 Concord. There is already a two -
car garage at 492 Concord so the total garage space on the lot would become about 1,400 sq. ft. Staff
recommended denial of the variances based on the fact that the garage has been used in the past for
storing commercial equipment and vehicles in violation of city zoning ordinances. The owner of that
property is a contractor and does not live on the site. His proposal is to move the garage and apparently
continue to store commercial vehicles and equipment on the new property.
District 3 has not made a recommendation to the BZA. There was no opposition at the hearing and after
taking testimony from the applicant, the Board denied the variance on a unanimous vote.
Maya Lopez -Santa Maria, 460 E. Page Street, the appellant who recently started a grass -roots
development company, Sol Partners, on the west side of St. Paul appeared. They are being mentored by
some development people of many years as well as working with MEDA and they are using their own
assets. They own four lots on one block and have purchase agreements for most of the rest of them. She
displayed a map and explained their plans for the area. They want to purchase the property owned by
Mr. Jim Nolton and they will give him the lot across the street. His conditions are that the developers
have to give him an alternate place on the same block and he needs his garage. His commercial
operation, which Maya once objected to, have changed as he has purchased a commercial site in Inver
Grove Heights and it is her understanding that he is conducting most of his commercial work there and
storing things there. She said she was recently inside the garage and there were no commercial vehicles.
Their intent is to do a major affordable housing project which would accommodate 88 families if they
can obtain the necessary land. They also have another proposal they are working on with the Department
of Planning and Economic Development for a 74 unit version with many 3- bedroom apartments. There
are very few developers who are willing to build 3- bedroom apartments, Maya said.
(Reiter left)
Ms. Lopez -Santa Maria said they feel this is a very feasible project. The City of Saint Paul has put them
on the Housing 5000 list under conceptual development plans and they are hoping to move forward with
the City's help.
They are looking for a 460 ft. variance for Mr. Nolton to be moved across the street to allow this
development to occur.
Councilmember Coleman moved to close the public hearing. Yeas - 6 Nays - 0 (Reiter not present)
Councilmember Coleman said he feels they have to figure out the best way to balance out the broader
vision that Maya suggested. What he perceives to be the primary concern is that Mr. Nolton was
basically using the facility for a commercial business. He asked if there have been any citations or
specific allegations that he is using the garage for a commercial facility at this point. Mr. Hardwick
responded not at this point and they have no reason to act on a complaint on the site.
(Reiter returned)
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 21 of 23
If the project goes forward, Coleman said it will be important to stay abreast of the situation and that a
business is not operated out of the garage. He feels the project will go forward but there are still a lot of
hurdles that could potentially come up. He does not want to proceed with moving the garage, issue the
variances and then not have the project go forward. He asked Mr. Hardwick if there was a way to
condition the change upon the other project going forward, such as suspend it for a few months while
the other pieces are being put in place.
Mr. Hardwick said the Council can continue this matter for 60 days or however long it takes for the
applicant to provide the additional information necessary to assure the Council that indeed this project is
a viable one. He suggested that the Council seek the appellants' agreement to that so the city does not
run afoul of any state statutes. He further suggested that if the project does go forward and the Council
grants the variances, the Council should condition those variances so that the garage that's moved cannot
be used for any commercial purposes or other illegal purposes.
Ms. Lopez- SantaMaria said they will begin applying for MHFA financing in August, etc. so it was
difficult for her to give the Council a definite timeline.
Councilmember Lantry said there are no errors in the report. If this one property is in the way of this
major development the city could use its powers of eminent domain for a greater good to create a larger
housing development. She does not want to see the Council granting variances simply to get properties
out of the way.
Councilmember Coleman concurred with Ms. Lantry saying eminent domain has occurred to him as
well and whether it would not only be appropriate but whether it would be viable as an alternative. The
costs would still be borne and may in the long run be cheaper to use eminent domain. There clearly is a
public purpose and all kinds of reasons to do that. Since the project is not ready to begin immediately,
the only time constraint is the legal requirement that a decision be made within 60 days of the
application.
Manuel Cervantes, City Attorney, said his concern is that if something is not put in writing then it's not
enforceable. If the ordinance requires a decision within 60 days, that's the rule. He suggested the Council
follow Bostrom's suggestion to continue the matter for two weeks so an agreement can be put into
writing
Councilmember Benanav asked if they continue the matter for two weeks whether they will run afoul of
the 60 -day rule. Mr. Hardwick respond "no," that the appeal was filed on December 27 and the Council
has 60 days from that date in order to come to a decision. One of the decisions could be that the Council
has the authority to extend it another 60 days for valid reasons but it would have to be put in writing to
the applicant.
Councilmember Lantry spoke in opposition saying she does not think they should be handing out
variances like this. If the Council uses its instance of variance in this way, it's completely improper. She
said she would sooner have them deny the variance because it has no merit. However, if the City still
wants to see that this project goes forward, they can step in once the project gets further along.
Councilmember Coleman said he felt they should take the 60 days, look at the options, and then come
back to make a decision. He asked Mr. Hardwick to extend the appeal 60 days and officially notify the
applicant of that decision.
Mr. Harwick advised the Council that the alternative to the 60 days is that under the State Statutes that
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 22 of 23
create the 60 days action rule, the applicant can waive that rule to a date specific. If the applicant for
either the zoning or building or whatever permit does that, the 60 days rule is then suspended until a date
specific. Peter Warner, Assistant City Attorney, has developed a waiver form that has been used for
zoning issues of this nature.
Councilmember Coleman moved to lay over to February 19.
Laid over to February 19 Yeas - 7 Nays - 0
49. Public hearing to consider the appeal of Pawn America Minnesota, LLC to a decision of the
Planning Commission denying the application for a conditional use permit to operate a Pawn Shop at
1907 Suburban Avenue.
Jim Malloy, Department of Planning and Economic Development, presented a staff report. On
December 12, 2002, the Zoning Committee heard the case of Pawn America for a conditional use
permit. The Committee made a recommendation to the full Planning Commission and on December 20
the Planning Commission voted to deny the request for a conditional use permit based on the fact that
the City Council had passed a resolution and an ordinance that prohibited issuance of building and
zoning permits for this particular area. Staff also recommended denial based on the same facts.
Cari Wolsky, Representing Pawn America, appeared. She said this is a proposal for a retail business that
would bring 10 full -time jobs and $100,000 in taxes and license fees per year to the city. They appealed
the Planning Commission's denial and the reasons were outlined in a letter delivered to the Council
earlier on this date. Pawn America believes that the resolution and moratorium, which form the basis for
the denial, were written specifically to keep Pawn America out of the neighborhood which, Wolsky said,
is not a proper use for a moratorium. She asked that the Council grant the appeal and allow the business
to move forward.
Appearing in opposition to the appeal was Ann Burguson, President of the District 1 Community
Council. She said District 1 has spent a great deal of time over the past two years planning on and
working towards updating the commercial areas of District 1. They have great momentum going at the
present time with new businesses that have recently opened. The City, PED staff, and members of the
community are working hard to see that that trend continues. It's the opinion of the District Council that
the presence of a pawn shop could discourage future businesses from opening in District 1. Several
neighboring businesses sent letters in opposition to the pawn shop.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry moved to deny the appeal. The Planning Commission denied the appeal because
of the moratorium. Ms. Lantry said she checked with the City Attorney to make sure that indeed the
moratorium was in place which it is and it is in place for one year.
Councilmember Benanav said he would support Lantry's motion but he noted that there is a Pawn
America in his ward and it is not a problem.
Councilmember Reiter said there have been exceptions to the moratorium and he had an issue with
picking businesses which some people like.
Councilmember Lantry clarified that the moratorium is in place because District 1 has been working
very hard to review the plan, attract businesses, and come up with design guidelines. They are close to
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010
Page 23 of 23
completing their plan and they need to be allowed to finish it so a clear indication can be made of what
businesses they want to attract.
Councilmember Harris concurred with Reiter that limiting businesses to a "whatever I want mentality" is
not a good idea and that is why he did not support the moratorium. However, it's obvious that the
Planning Commission did not error so he said he would support the denial.
Motion of Intent - Appeal Denied Yeas - 5 Nays - 2 (Blakey, Reiter)
Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 8:50 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson February 5, 2003
Assistant Council Secretary
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_154025\Approved ... 12/15/2010