Approved Minutes 3-26-2003Page 1 of 22
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 26, 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
• Miscellaneous
• For Discussion
• Ordinances
• Suspension Items
• Public Hearings
The meeting was called to order at 4:40 p.m. by Council President Bostrom
Present - 5 - Blakey, Bostrom, Coleman, Harris, Lantry
Absent - 2 - Benanav, Reiter (both excused)
CONSENT AGENDA (Items I - 27)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED BY A COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
Councilmember Harris requested Item 12 be removed for discussion.
Councilmember Blakey moved approval of the consent agenda as amended.
Adopted as amended Yeas - 5 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Aaron Auzins, Thomas Boyd, Griffel & Dorshow, Attorneys at Law (for client Timothy
Bowie), Karla Hornisch, Isaac and Tammi Matthews, Emily Meinke, Robert Peterson, Kathryn Rydzik,
Donna Sawyer, Stephanie Stimac, and Voss & Hickman, Attorneys at Law (for clients Laura Yang, a
minor, by and through her parent and natural guardian, Meng Yang and the Yang Family).
Referred to the Risk Management Division
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2. Notice of Filing of Deposit for Parcel 2 In The Matter of the Housing and Redevelopment Authority
of the City of Saint Paul v. BMMS, LLC, the City of Saint Paul, et. al. In the mater of the condemnation
of real property for the Hillcrest Village Redevelopment Project.
Referred to the City Attorney's Office
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on April 2, 2003, to consider the appeal of Mark Voerding, James Hirsh,
Thomas Darling, William and Althea Sell, et. al, to a decision of the Saint Paul Planning Commission
approving a conditional use permit, with variances, for a carriage house at 449 Portland Avenue.
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on April 2, 2003, to consider the
application of Northern States Power Company, dba Xcel Energy, for a combined plat to create an outlet
for a new rail spur.
5. Administrative Orders:
D002256 Amending the 2002 budget of the Property Code Enforcement Fund to cover year -end
variances.
D002257 Amending the 2002 budget of the Police Department reflecting the actual expenditures for
each activity in the Special Revenue Fund 436.
D002258 Amending the 2002 General Fund budget for the Department of Libraries to cover negative
balances in major object codes.
D002259 Amending the 2002 Library Aids and Grants Fund for the Department of Libraries to cover
negative balances in major object codes.
Noted as on file in the City Clerk's Office
FOR ACTION
6. Approval of minutes of March 5, 2003, March 12, 2003, March 19, 2003, and Closed Door Session of
March 12, 2003.
Adopted Yeas - 5 Nays - 0
7. Resolution - 03 -274 - Approving the Memorandum of Understanding between the City of Saint Paul
and the Saint Paul Supervisors Organization. (To be laid over one week for adoption)
Laid over to April 2
8. Resolution - 03 -275 - Approving the Memorandum of Understanding between the City of Saint Paul
and the Saint Paul Supervisory Association of the International Association of Fire Fighters, Local 3939.
(To be laid over one week for adoption)
Laid over to April 2)
9. Resolution - 03 -276 - Approving the Memorandum of Understanding between the City of Saint Paul
and Tri- Council Local 120, Local 49 and Local 132. (To be laid over one week for adoption)
Laid over to April 2
10. Resolution - 03 -277 - Approving the Employment Agreements between Independent School District
No. 625 and International Union of Operating Engineers, Local No. 70, Exclusive Representative for
Custodians; Minnesota School Employees Association, representing Classified Confidential Employees
Association and School Service Employees, Local 284, exclusive representative for Cook Managers.
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(To be laid over one week for adoption)
Laid over to April 2
11. Resolution - 03 -278 - Accepting a $5,000.00 donation from the McKnight Foundation for expenses
towards "City Lights," which decorate downtown Saint Paul and amending the 2003 budget to reflect
this donation.
Adopted Yeas - 5 Nays - 0
12. (Discussed after the consent agenda)
13. Resolution - 03 -280 - Concerning adverse action against the Auto Repair Garage License application
submitted by Neng Yang, dba YRP Technology, 1423 Rice Street.
Adopted Yeas - 5 Nays - 0
14. Resolution - 03 -281 - Concerning adverse action against the Taxicab Driver License application
submitted by Darryle Watts.
Adopted Yeas - 5 Nays - 0
15. Resolution - 03 -282 - Concerning adverse action against the Taxicab Vehicle License held by
American Taxicab Service Corporation, dba Americab for Vehicle 4123.
Withdrawn Yeas - 5 Nays - 0
16. Resolution - 03 -283 - Concerning adverse action against the Taxicab Vehicle License held by
American Taxicab Service Corporation, dba Americab for Vehicle 431.
Withdrawn Yeas - 5 Nays - 0
17. Resolution - 03 -284 - Concerning adverse action against the Taxicab Driver License application
submitted by Chris Munger.
Adopted Yeas - 5 Nays - 0
18. Resolution - 03 -285 - Approving Hamline American Legion Baseball Corporation to the 10% Club
list of eligible recipients for 2003.
Adopted Yeas - 5 Nays - 0
19. Resolution - 03 -286 - Authorizing the Deputy Mayor and the City Engineer to enter into an
agreement with the Minnesota Department of Transportation which prescribes terms and conditions of
federal aid participation on City of Saint Paul transportation related projects.
Adopted Yeas - 5 Nays - 0
20. Resolution - 03 -287 - Approving the Management Agreement with Environmental Wood Supply
(District Energy) for the management and operation of the Pig's Eye Wood Recycling Center for a
period of twenty years.
Adopted Yeas - 5 Nays - 0
21. Resolution - 03 -288 - Authorizing the proper City officials to apply for and, upon approval of the
application, enter into an agreement with the Minnesota Department of Natural Resources, Outdoor
Recreation Grant Program, for the Highland Park Picnic Area Renovation project.
Adopted Yeas - 5 Nays - 0
22. Resolution - 03 -289 - Authorizing the proper City officials to apply for and, upon approval of the
application, enter into an agreement with the Minnesota Department of Natural Resources, Outdoor
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Recreation Grant Program, for the Homecroft Recreation Center Play Area and Site Work project which
will provide for the construction of a new play area and related site work including safety surfacing, site
furnishings, and landscaping.
Adopted Yeas - 5 Nays - 0
23. Resolution - 03 -290 - Authorizing the proper City officials to apply for and, upon approval of the
application, enter into an agreement with the Minnesota Department of Natural Resources, Outdoor
Recreation Grant Program, for the Jimmy Lee Recreation Center Play Area and Site Development
project which will provide for site development work including installation of a new tot lot, tennis
courts, basketball court, lighting, landscaping and other amenities.
Adopted Yeas - 5 Nays - 0
24. Resolution - 03 -291 - Authorizing the proper City officials to apply for and, upon approval of the
application, enter into an agreement with the Minnesota Department of Natural Resources, Outdoor
Recreation Grant Program, for the North Dale Recreation Center Play Area and Site Work project which
will provide for site development work following building construction, including a children's play area,
parking, lighting, court areas, fencing and landscaping.
Adopted Yeas - 5 Nays - 0
25. Resolution - 03 -292 - Authorizing the Saint Paul Saints Northern League Baseball Team to use the
Division of Parks and Recreation license to sell 3.2 beer at the Midway Stadium in 2003.
Adopted Yeas - 5 Nays - 0
26. Resolution - 03 -293 - Entering into an agreement with 1930 EPD corporation to use part of their
parking lot area for parking for Saint Paul Saints home games and stadium events in 2003 and
defending, indemnifying and holding harmless 1930 EPD Corporation for the use of their lot.
Adopted Yeas - 5 Nays - 0
27. Resolution - 03 -294 - Establishing a 2003 financing and spending plan for the reimbursement
received from Metropolitan State University for their students who are in the Saint Paul Police
Department's Law Enforcement Certificate Program.
Adopted Yeas - 5 Nays - 0
12. Resolution - 03 -279 - Entering into a Broadcast Agreement with Twin Cities Public Television to
broadcast a video produced by the Office of Cable Communications entitled: "Library: A Workshop for
the Future."
Councilmember Harris recognized Terry Devine and Claire Simonson of the Cable Office for their video
of the Central Library remodeling project. The segment will be aired by Twin Cities Public Television
(Ch. 17) on April 13 at 7:30 p.m.
Terry Devine appeared and said he was technical advisory /director of the production and the Cable
Office is very proud of the work Claire did.
Claire Simonson thanked the Cable Office and the Library staff for the tremendous amount of support
they gave her and for the Council's support in allowing it to be aired on TPT.
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
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MISCELLANEOUS
64. Recognizing Tim Fuller, Saint Paul Fire Chief, on his retirement after 32 years of City service.
Fire Chief Timothy Fuller and EMS Chief Ed Hanson were both recognized by the City Council on their
retirement from City service and presented with plaques. Chiefs Fuller and Hanson responded with
words of thanks and appreciation.
FOR DISCUSSION
28. Resolution - 03 -242 - Approving the appointments, by Mayor Kelly, of Anthony Coletta and Dan
Scott, and the reappointments of Matt Anfang, Carole Murphy Faricy, Richard Kramer, and Christine
Zimmer Lonetti to the Planning Commission. (Laid over from March 12) (A report was requested from
the Administration pertaining to term limits for Planning Commission appointments and geographic
diversity. Also, an opinion was requested from the City Attorney on this issue.)
Councilmember Coleman moved to lay over six months.
Councilmember Blakey said he supports the reasoning behind the layover because the turnover policy is
a good one. It's important to have new people on the Commission as it creates new leadership and get
people involved in the community.
It was clarified that the current members and the reappointments will continue to serve in their current
capacity but the proposed new appointments will not take place at this time.
Laid over to September 24 Yeas - 5 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
29. Final Adoption - 03 -241 - Adopting the revised floodplain regulations and zoning maps for all
property in the City of Saint Paul located within the floodplain.
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 0
30. First Reading - 03 -295 - An ordinance to rezone property at 1173, 1177 and 1183 Arkwright Street
from R -4 Single Family Residential to B -3 General Business. (Public hearing held March 5)
Laid over to April 2 for second reading
Suspension Item
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -318 - Authorizing the proper City officials to enter into a written Agreement with the
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State of Minnesota Department of Public Safety to allow the intra governmental transfer of Senior
Commander Timothy Leslie of the Saint Paul Police Department to perform the duties as the Assistant
Commissioner of the Department of Public Safety.
Adopted Yeas - 5 Nays - 0
The meeting was recessed from 4:10 to 5:40 p.m.
Roll Call: Present - 5 Absent - 2 Benanav, Reiter (both excused)
PUBLIC HEARINGS
Suspension Item
Councilmember Lantry moved suspension of the rules and approval of the following of the following
resolution:
Resolution - 03 -319 - Approving the decision of the Legislative Hearing Officer for property located at
422 Jessamine Avenue East.
Adopted Yeas - 5 Nays - 0
(Items 31 and 32 were discussed together)
31. Third Reading - 03 -234 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Irvine Avenue hillside in the zoning
map, in off - street parking standards, and hillside design standards.
Larry Soderholm, Department of Planning and Economic Development, presented a staff report. The
City Council asked the Planning Commission to undertake the Small Area Plan for Irvine Avenue. The
Commission established a task force working with the neighborhoods, and the co -chair from the
neighborhood developed a plan. The plan recommended that some of the property be rezoned on Irvine
Avenue and, in addition, that some amendments to the Zoning Code be adopted that increased the
regulation for development on steep sloop land throughout the city. He noted that there were two
ordinances before the Council at this time. One re -zones property on Irvine Avenue and the second one
is for some steep slope regulations. Some of the proposed rezonings on Irvine Avenue have been
controversial and he pointed out those areas on a map.
The Irvine Avenue Task Force proposed that land be rezoned along Irvine Avenue from RT -2 zone that
allows town houses, three- plexes and four- plexes to single - family homes because of the steep slopes. It
was originally zoned for multi - family because the Summit Avenue mansions can be converted to up to
four apartments or condominiums and the lots ran through to Irvine. This proposal would divide off the
back side of those Summit Avenue properties and rezone them as single - family. Three property owners
have objected to the proposal.
Mr. Soderholm noted there was some controversy at the Planning Commission about the lot referred to
as the Fricke carriage house where they have some development plans that would be greater than single
family for that lot. They also had questions from Mr. Lou Sudheimer who owns a double house on
Summit Avenue with property in the back.
There also was some controversy about land along Pleasant Avenue at the bottom of the hill facing the
35E Parkway. The Planning Commission recommended that the zoning be left as is and that town
houses or multiple units would be ok facing the freeway. Residents along the southerly side of Irvine
Avenue were afraid that development there might block their views. To accommodate that, the Planning
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Commission put a provision in their resolution that says that when buildings are proposed in this area
they must be low enough so they don't block views from the street level floor of the houses on Irvine
Avenue. The Neighborhood Task Force had proposed that the two lots be single family and the Planning
Commission recommends that they remain RT -2.
Appear in support of the zoning changes were
Karen Avaloz, 330 Irvine Avenue, Co -chair of the Irvine Avenue Small Area Development Plan, said
she was a representative of the neighborhood and the District 17 Capitol River Council. She feels the
main concerns of the Plan are: 1) the instability of the bluff with the major springs and ground water; 2)
the fragility of the wooded terrain and the narrow, winding street that as a southeast boundary protects
the historic Hill District, and 3) the need for responsible future development that will preserve and
enhance this special neighborhood and at the same time protect the current investments and any future
investments that might be put into the neighborhood.
Chuck Repke, 165 McBoal, representing Dennis Guptil who owns a piece of property at the bottom of
the hill, said it was their feeling that the initial task force's restrictions were pretty tough. Following that,
when it got to the Planning Commission, the Administration came in with some recommendations that
may have been too liberal and the Neighbor- hoods Committee of the Planning Commission went
through it and he felt made a fair compromise. The restrictions on the zoning are on the people who are
upstream and not everyone can live upstream. New buildings being constructed at the top of the hill are
going to have an impact on the people at the bottom of the hill. This compromise did not restrict zoning
for new buildings at the bottom of the hill as the water tables for the people on top of the hill are not
changed. He feels the most important thing in considering the zoning was what the problem was that
was presented and that problem is traffic uphill and the problems that are caused when the water table is
disrupted uphill.
Deborah Hillengass, 268 Irvine Avenue, said she and her husband are in support of the plan for the same
reasons Ms. Avaloz mentioned. They are concerned about the delicate eco system, and the underground
springs. There were three springs that had surfaced and were running constantly that they were aware of
when they first moved in and now there are six or seven that have resulted from cutting trees and the one
road collapsing. They feel additional digging could upset it further. They are also concerned about the
delicate infrastructure of the roadways and the curbs.
Paul Ernst, 294 Irvine Avenue, (on the low side of the hill), said he is in full support of the Planning
Commission's recommendation. One of the issues that has not yet been addressed is traffic. It's a very
narrow two -way street and as new buildings are put in so goes the traffic. There are many people on
Pleasant Avenue who drive on Irvine as well which also has an effect on the traffic. He believes the
height restrictions for the bottom of the hill that have been proposed are sufficient for them to feel there
aren't going to be too many additional units or vehicles at the bottom.
Appearing in opposition to the zoning changes were
Leonard Fricke, co- trustee for property that has been held by his family, said they will be asking for a
slight modification. The springs have been there for over 50 years and sometimes they are seen and
sometimes they are not seen depending on the water. They are very concerned about hillside issues,
density, and water control. They are very concerned about the hydrology and they would like to seek an
amendment to the R -4 zoning - not to just go back to where it was but so they could apply for a waiver
and it would give them the ability to build two housing units. It's his understanding a waiver would be
needed to build a consolidated footprint which is what they believe would be necessary to deal with the
drainage problem. If they can't do that, he feels the people downhill will lose.
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Lou Sudheimer, 439 Portland Avenue, owner of property at 322 -324 Summit Avenue, said this building
is currently a legal 12 -unit apartment. The building is on the National Historic Register and when his
family purchased it, it had almost no upkeep or maintenance for decades and it was in a severely
distressed condition. They have invested over a quarter of a million dollars in the building with no
public investment.
The Irvine Task Force's recommendations fall into two parts: 1) the down - zoning requirement and
recommendations, and 2) the steep slope development amendments. Mr. Sudheimer said they have no
problem with the Task Force's goals and vision to preserve Irvine Avenue. However, all the goals of the
Task Force can be achieved without down - zoning all of the properties but instead by proper enforcement
of the present zoning regulations. There are about 30 properties and 25 owners will go along with the
full recommendation. There are only five property owners who have objected and he suggested they be
left alone and that the other parcels be rezoned and the development of the remaining five proposals can
be handled very nicely within the existing zoning requirements for those regulations and building codes.
Councilmember Coleman thanked the members of the Task Force and city staff for all the time and
effort they put into this study.
Councilmember Coleman moved to close the public hearings on Items 31 and 32.
Yeas - 5 Nays -0
Public hearing closed and laid over to April 2 for final adoption
32. Third Reading - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to citywide zoning regulations for development on steep slopes.
Laid over to April 2 for final adoption
33. Third Reading - 03 -257 - An ordinance amending the interim ordinance adopted in Council File No.
O1 -648 (The Arcade Street Study) by extending the terms of the interim ordinance established therein
for an additional six months as authorized in Minn. Stat. § 462.357, Subd. 4.
Councilmember Lantry moved to close the public hearing
Laid over to April 2 for final adoption
34. Third Reading - 03 -258 - An ordinance creating a separate library agency and establishing its duties,
powers and composition. (Substitute introduced on March 19)
Councilmember Harris said there have been many discussions on this issue including a Task Force
report and he has had numerous discussions with Councilmembers and members of the community. He
said he feels this is a very positive opportunity for the community. It's a chance to enhance
accountability of taxpayer dollars, it has a chance to focus on a service that is very important to the
community, and it's an opportunity he does not feel they should let slip by. Numerous people have been
instrumental in studying this and examining the issue which he feels is a very unique opportunity for the
community.
Councilmember Harris thanked the Friends of the Library and the many other individuals who were
involved in this process.
Appearing in support of the ordinance were:
Ruby Hunt, 1148 Edgcumbe Road;
Andy Voss, 2247 Hampden Avenue;
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Sue Haigh, 910 Fairmount, Chair of Friends of the Saint Paul Library, and Ramsey County
Commissioner;
Mike Harris, 2025 Jefferson Avenue;
George Latimer, 754 Linwood Avenue;
Appearing in opposition to the ordinance was:
Dennis Flaherty, Deputy Mayor, who read a lengthy statement outlining the Mayor's reasons for
opposing the proposal;
Joe Reid, 2039 Portland Avenue;
Tim Marx, 1736 Yorkshire
Councilmember Coleman moved to close the public hearing. Yeas - 5 Nays - 0
Councilmember Harris responded to the Deputy Mayor's remarks saying they contained misinformation.
This plan does not fragment the Mayor's authority. When the group went to the Legislature, they
specifically preserved the Mayor's authority in this process. It does not fragment the system but only
enhances it. Comparisons of this project to Minneapolis are completely unfounded because this project
has no similarity at all to that in Minneapolis. That was part of the Friends' initial process in examining
other systems. The $4 million reserve is a false statement, Harris said. There is a need for a $4 million
cash flow to keep the library at a positive cash flow but it's by no means a $4 million proposal for
reserve funding for the library. It's an issue that is not in this ordinance and will be taken up at a later
date.
Mr. Flaherty questioned how this proposal relates to the current budget crisis and police and fire
personnel issues. It is unrelated to that and it enhances accountability as the city tries to deal with that
crisis. This was passed in front of a conservative Legislature so the issues of taxes have been raised by
some of the most conservative members of the Legislature and they did not have a problem with it. This
issue has precedent across the nation and has precedent in Minnesota. It's something that will only make
government more efficient as a whole for St. Paul. He said he was upset greatly that some of the
comments of the Deputy Mayor were about misinformation and not about what this project actually is.
Councilmember Lantry said as a member of the Task Force she feels they went out of their way to make
sure that what Mr. Flaherty thought would happen wouldn't. She feels they made many concessions that
they would not have had to make. The reason Minneapolis is so very different is because they operate in
a very different way. St. Paul will have the Council as the Library Board just as they are the HRA and
there is not way they could compartmentalize what they do here. She said this was one of the best
processes she has been associated with.
Councilmember Coleman said he feels they have to do what's best for the City of St. Paul and not
because the Governor thinks it's alright to do or not alright to do. He said regional cooperation is needed
and St. Paul cannot act as if it is somehow superior to Minneapolis.
Laid over to April 2 for final adoption
35. Resolution - 03 -296 - Adopting the Saint Paul Downtown Development Strategy as a Chapter of the
Saint Paul Comprehensive Plan.
Lucy Thompson, Department of Planning and Economic Development, presented a staff report saying
the process started in April, 2001 when the Capital River Council Board, which is the District 17
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Planning Council, requested Planning Commission and staff assistance in preparing a new Downtown
Plan. Many of the downtown policy plans that are presently on the books will expire within the next two
or three years. At the time the process started, a new administration was coming on board and the
District Council wanted to be ready with some new thinking on downtown and make sure there was a
chapter in the Comprehensive Plan that reflected new realities in downtown.
In May of 2001, the Planning Commission initiated the planning process, put together a task force of
about 25 people and they met almost every two weeks for several months. After the Task Force
completed its work in July, 2002, the Capitol River Council reviewed the draft plan and forwarded it to
the Planning Commission for review. The Planning Commission held a public hearing in December,
2002, had a 60 -day review period, and after considering all of the public comments in February, 2003,
they adopted a revised draft of the Downtown Development Strategy and has now sent it to the Council.
Ms. Thompson said she felt it was important to have an updated chapter in the Comprehensive Plan that
reflects all of the new realities and works off of the St. Paul and the Mississippi Development
Framework as well.
Most of the input the Planning Commission received during their 60 -day review period and in the public
hearing was comments to make the document better such as wording changes, being clear about some of
the strategies in the document, input for who should be involved, etc. and she felt that input helped make
the document stronger. There were some issues that were of concern at that point where opposition was
raised to what was originally proposed. One pertains to Minnesota Public Radio (MPR). MPR had asked
for some changes in the text to reflect approval the City Council had already granted them to close Ninth
Street for their expansion and to build a skyway over Cedar Street. In response, the Planning
Commission is not recommending any changes to the plan so the plan still encourages MPR to explore
alternatives to closing Ninth Street and discourages skyways over streets that block major view corridors
of the Cathedral, the Capitol and other important landmarks.
Another important issue that was raised was the creation of a new downtown organization, the
Downtown Building Owners Association which broke away from BOMA (Building Owners and
Managers Association). This new group asked to be involved in implementation of the plan. There was
some discussion at the Planning Commission about what their list of implementation strategies should
be. A compromise was reached which listed for the Downtown Building Owners Association those
strategies that are more appropriate for a new organization in downtown.
Ms. Thompson noted that two letters were received before the comment period was closed on March 25
- one from Benita Warns who raised four issues and concerns and in some cases not agreeing with what
the plan says. These included potential housing in the area of the post office, proper planning for bike
features and safe bike parking facilities, the marketing of downtown and cultural venues, and what the
plan says about LRT.
The second letter is in support from Metropolitan Interfaith Council on Affordable Housing (MICA).
They were not directly involved in the preparation of the plan but they are very pleased with what it has
to say about creation of affordable housing and the increase in the diversity of housing types in the
downtown market. They have pledged their support to work on those strategies.
The Mayor is recommending some changes to the Planning Commission's draft which Ms. Thompson
reviewed. One is in the area of heritage preservation. The Mayor was concerned about certain language
being a mandatory action so he's recommending language that encourages building owners and
developers to consult with the HPC when doing a project that would threaten a potential historic
resource.
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The second issue was what the plan says about essentially supporting District Energy and its green
energy approach to downtown. The Mayor felt that may be too limiting at this point and there may be
other entities at some point in the future that participate in providing environmentally responsible green
energy so he is recommending softening that language a bit, still supporting going towards
environmentally responsible energy sources but not specifically identifying District Energy, District
Heating, or District Cooling.
The third issue is that the plan talks about the high vacancy rates in downtown office space. At the time
the plan was done, the vacancy rate was about 18% and Ms. Thompson felt it was somewhat higher
now. The Plan encourages the occupation of vacant office space before new construction. The Planning
Commission added language that new construction might be appropriate under certain conditions. The
Mayor is requesting that the statement "new construction may be appropriate under conditions" be
removed.
Councilmember Blakey asked if the Plan gets to any action for on- street retail, activity, etc. Ms.
Thompson said the document is very straight forward in saying that downtown is over retailed right now
and some of the half strategies where they have always talked about having retail on the first floor and
office or residential above has ended up spreading a thin market too thin so there has been a lot of vacant
first floor and skyway level businesses. This plan says those investments should be focused much more
clearly.
Appearing in support of the plan were:
Larry Englund, 162 College Avenue, member of District 17 Capitol River Council and a member of the
Executive Committee, addressed the implementation of the plan saying that given the time it has taken
to develop the strategy and its five -year time frame, it's inevitable that some of the goals and objectives
will be achieved through the work of people and groups that were not part of the planning process. He
said they welcome any person or organization that wants to help them achieve those goals. Capitol River
Council opposes any amendment of the Downtown Development Strategy that supports any skyway
over Cedar Street north of Seventh Street.
Sandra Westerman, representing the Saint Paul Area Chamber of Commerce, said they are generally
very pleased with the document but they do have a concern about about focusing retail development on
the street level as opposed to the skyway level. Although they might agree that it is a great goal and a
great vision for St. Paul, they feel the market should determine where development is going to be
located and that a business should be able to come in and determine what makes the best business sense.
Councilmember Coleman moved to close the public hearing. Yeas - 5 Nays - 0
Councilmember Coleman said the success of this plan is to have as many organizations as possible
involved in its implementation and their commitment to it. There were six specific references to the
Building Owners and Managers Association that were deleted and he asked that they be put back in.
Councilmember Coleman moved approval with the amendment to the Plan.
Adopted (Downtown Strategy Plan amended) Yeas - 5 Nays - 0
36. Resolution - 03 -297 - Approving a Single Family Housing Program to be financed by the issuance of
single family mortgage revenue bonds and mortgage credit certificates.
Gary Peltier, Department of Planning and Economic Development, appeared and presented a staff
report. He said this item is for the Council to adopt an annual housing program required by state law that
establishes general guidelines for the issuance of mortgage revenue bonds during the year 2003. The
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City receives an annual allocation on the amount of tax exempt revenue bonds and those bonds can be
made available for single family programs as well as rental housing programs. The law requires that the
City Council adopt a program in the event the City were to issue single family bonds. It is a program
that has been done jointly with Minneapolis for a number of years. The resolution that adopts the
program delegates any final approval to either the HRA or to the Joint Board. The two cities have
created the Minneapolis -St. Paul Housing Finance Board and they are the ones who issue the bonds for
the Single Family Program. At the present time there is not any specific intent to issue single family
bonds during 2003 but they are primarily giving priority for rental housing where there is a priority to
develop and rehab rental housing. This is a general guideline where, in the event they were to issue
mortgage revenue bonds during the year, this program would act as the guidelines.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
37. Resolution - 03 -298 - Authorizing the Housing and Redevelopment Authority to issue up to
$3,000,000 in Tax Exempt Housing Revenue Bonds from Entitlement Bonding Authority for Selby
Grotto Limited Partnership (aka Selby Area CDC and Legacy Management) for the development of 40
rental housing units located on Selby Avenue between the streets of Grotto and Avon.
Diane Nordquist, Department of Planning of Economic Development, presented a staff report. She said
this item is seeking preliminary approval to issue up to $3 million worth of tax exempt housing revenue
bonds for the Selby Grotto project. She showed a schematic of the project and explained the project
which will consist of new construction of approximately 40 rental housing units and will be developed
on a mostly vacant under - utilized parcel of land that is currently owned by the HRA located on the north
side of Selby Avenue between Grotto and Avon Streets. It will be a three -story mixed use building. Of
the 40 rental units, 23 units will be affordable to households earning 60% and less of median income, 10
of the units will be affordable to households earning 50% and less of median income, and 5 units will be
affordable to households earning 30% of median income and less.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
38. Resolution - 03 -299 - Approving the application of Molly E. Skinner, owner of Skinner's Pub, to
allow live band music in an outdoor tent at Skinner's Pub, 919 Randolph Avenue, on May 31, 2003,
from 12:00 noon to 10:00 p.m.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
39. Resolution - 03 -300 - Concerning adverse action against the licenses held by Minnehaha Tavern,
Inc., dba Minnehaha Tavern, 735 White Bear Avenue.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LISP), provided a staff report. This matter involves violation of after -hours
consumption and display of alcohol on February 8, 2003. The matter is based upon a police report where
three uniformed police officers where at this establishment shortly before 1:00 a.m. investigating
another matter. At 1:05 a.m. they observed the bartender open a beer and drink it. The violation is that
no sale of alcohol is allowed after 1:00 a.m., and no consumption or display at any time when alcohol is
not allowed to be sold.
Ms. Palmer explained the procedure that was followed in notifying the establishment of the violation.
The presumptive penalty matrix for this first time violation is a $500 fine. Ms. Palmer had discussions
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with the license holder who disputed the facts and she advised him the matter could be heard by an
Administrative Law Judge.
Chuck Repke, Executive Director of the District 2 Community Council, appeared and testified on behalf
of Minnehaha Tavern saying it has been in operation for 42 years and has never had a violation. He
spoke strongly in opposition to the fine.
Councilmember Blakey moved to close the public hearing. Yeas - 5 Nays - 0
Discussion ensued among the Councilmembers.
Councilmember Harris moved approval.
Adopted Yeas - 4 Nays - 1 (Harris)
40. Resolution - 03 -134 - Ordering the owner to remove or repair the building at 733 Charles Avenue
within fifteen (15) days from adoption of resolution. (Laid over from February 26) (Legislative Hearing
Officer recommends laying over to the March 25, 2003, Legislative Hearing and the April 2, 2003, City
Council Meeting).
Marcia Moermond, Legislative Hearing Officer, reported that the owner has been doing a lot of
rehabilitation on this property and has been working closely with city staff. Andy Dawkins, Code
Enforcement, believes the work will be completed within two week and, therefore, she recommended it
be laid over to see if the work is done.
Councilmember Blakey moved to continue the public hearing to April 23.
Laid over to April 23 Yeas - 5 Nays - 0
41. Resolution - 03 -208 - Ordering the owner to remove or repair the building at 893 DeSoto Street
within fifteen (15) days from adoption of resolution. (Laid over from February 26) (Legislative Hearing
Officer recommends that the following be completed by noon on February 26, 2003: vacant building fee
be paid, real estate taxes paid, provide a work plan indicating how all the items on the code compliance
report will be completed and include evidence of financial ability to complete them.)
Marcia Moermond, Legislative Hearing Officer, said as of this date the owner has met all of the
requirements as specified with the exception that real estate taxes were paid in the amount of $1,900
leaving a $115 balance which she felt was an oversight and he is committed to paying the additional
amount. Therefore, she recommended granting the owner 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 (remove or repair within 180 days)
Yeas - 5 Nays -0
42. Resolution - 03 -301 - Ordering the owner to remove or repair the building at 20 Sycamore Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to complete the rehabilitation of the property.)
Marcia Moermond, Legislative Hearing Officer, reported that this property is in a seriously dilapidated
condition. It was recently acquired by a new property owner who has paid the vacant building fees,
posted a $2000 bond, and had a code compliance inspection conducted. He has also demonstrated that
he has the financial capacity to rehabilitate the property. Ms. Moermond showed photos of the property.
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It was felt the matter should be laid over in order to give Councilmember Reiter the opportunity to
review it.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and lay over
one week.
Laid over to April 2 Yeas - 5 Nays - 0
43. Resolution Ratifying Assessment - 03 -302 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) for property at 2021 California Avenue East
(J0207AIAA); towing of abandoned vehicles from private properties at 115 Sycamore Street East and
123 Geranium Avenue East (J0205VVV); and towing of abandoned vehicles from private property at
2168 Minnehaha Avenue East (J0205VVV). (Laid over from March 5) (Legislative Hearing Officer
recommends approval of the assessments.)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
44. Resolution Ratifying Assessment - 03 -303 - In the matter of the assessment of benefits, cost and
expenses for demolition of a building located at 1000 Reaney Avenue (J0204CC). (Laid over from
March 5) (Legislative Hearing Officer recommends approval of the assessment.)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
45. Resolution Ratifying Assessment - 03 -304 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) for property located at 2168 Minnehaha Avenue
East (J0207AAAAA) (Laid over from February 26) (Legislative Hearing Officer recommends approval
of the assessment.)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
46. Resolution Ratifying Assessment - 03 -305 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for properties located at 712 Hawthorne and 627
Palace (J0207AIA) (Laid over from March 5) (Legislative Hearing Officer recommends the following:
712 Hawthorne Avenue East - laying over to the May 13, 2003, Legislative Hearing and the May 28,
2003, City Council Meeting
627 Palace Avenue - approval of the assessment)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval
as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays -0
47. Resolution Ratifying Assessment - 03 -306 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for part of July, 2002 and to part of December,
2002 (J0207A2), towing of abandoned vehicles from private property for part of July, 2002 and all of
September, 2002 (J0206V). (Legislative Hearing Officer recommends approval, including the following:
728 White Bear Avenue North (J0207A2y delete the assessment
790 Selby Avenue J0206V) - delete the assessment
1076 Maryland Avenue East (J0207A4 laying over to the March 25, 2003, Legislative Hearing and
the April 2, 2003, City Council Meeting
665 Magnolia Avenue East � �Q0207A2) - delete the assessment
657 Lawson Avenue East (J0207A2) - laying over to the April 8, 2003, Legislative Hearing and the
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April 23, 2003, City Council Meeting
1111 Bush Avenue (J0207A2y approval of the assessment
1039 Earl Street Q0207A2) - approval of the assessment
1075 Front Avenue (J0207A2y approval of the assessment
489 Hatch Avenue Q0207A2 - approval of the assessment
0 Lightner Place (J0207A2y approval of the assessment
598 Maryland Avenue East (J0207A2 - reducing the assessment from $195.00 to $75.00 plus the
$45.00 administrative fee for a total assessment of $120.00
1066 Reaney Avenue (J0207A2) - approval of the assessment
925 Woodbridge Street (J0207A2 - (two assessments) - approval of both assessments
939 Woodbridge Street J0207A2) - approval of the assessment
1130 Abell Street (J0206VY approval of the assessme - lay over to the April 8, 2003 Legislative
Hearing and the April 23, 2003, City Council Meeting
775 Ashland Avenue (J0206V) - approval of the assessment
946 Caroll Avenue (J0206VJ deleting the assessment
77 Front Avenue Q0206V) - approval of the assessment
1587 Hudson Road (J0206VY approval of the assessment
791 York Avenue Q0206V) - approval of the assessment
819 Johnson Parkway Q0207A2) - laying over to the March 25, 2003, Legislative Hearing and the April
2, 2003, City Council Meeting
482 Lawson Avenue West Q0207A2) - delete the assessment
Marcia Moermond, Legislative Hearing Officer, requested that 1130 Abell Street be laid over to April 8
for a Legislative Hearing and to the April 23 City Council meeting.
Bill Cunnien, 791 York Avenue, appeared and talked about two cars in the alley which were owned by
renters and he was assessed for removal of one of the vehicles. He said he attempted to have them
removed but if a person does not have the title, they cannot be towed. He indicated he was told by
Parking Enforcement that he could have them towed and there would not be a cost to him. One was
removed on a police tow but he is being charged for the other one.
Marcia Moermond, Legislative Hearing Officer, said that in the Legislative Hearing Mr. Cunnien
indicated there were two cars towed from the alley. A decision was not reached at that time as some
investigation was needed. Because the inspector said the cars were on Mr. Cunnien's property when they
wrote the abatement orders, they needed to be removed. Ms. Moermond followed up with various
sources pertaining to policies for tows from the right -of -way. One of the cars was towed from an
unimproved section of the right -of -way in which case the assessment would be charged. The other car
was half on unimproved alley associated with the property and half on improved alley and there was no
assessment for towing that vehicle. She recommended approval of the assessment.
Councilmember Lantry moved to close the public hearing and approval as amended.
Adopted as amended Yeas - 5 Nays - 0
(Coleman left the meeting)
48. Resolution Ratifying Assessment - 03 -307 - In the matter of the assessment of benefits, cost and
expenses for the improvement of Sibley Street, from Warner Road to Fifth Street, with concrete curb,
new concrete block surfaced roadway, concrete block sidewalks, concrete driveway aprons, tree
planting, an irrigation system, sewer service connections and reconnections, and reconstruction of globe
lighting systems. (File No. 18905)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
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Adopted Yeas - 4 Nays - 0 (Coleman not present for vote)
49. Resolution Ratifying Assessment - 03 -308 - In the matter of the assessment of benefits, cost and
expenses for the Public Works Sanitary and /or Storm Sewer connections for part of July, 2002 to part of
January, 2003. (File No. SWRREPAIR)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 4 Nays - 0 (Coleman not present for vote)
50. Resolution Ratifying Assessment - 03 -309 - In the matter of excessive police and nuisance
enforcement services for 812 Stewart Avenue for the month of October, 2002. (File No. SPPD02A)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 4 Nays - 0 (Coleman not present for vote)
(Coleman returned)
51. Amended Final Order - 03 -3 10 - Deleting Roblyn Avenue from Dewey Street to Fairview Avenue.
(File No. 18957)
Larry Leuth, Department of Public Works, presented a staff report saying a petition was received for one
block of a large RSVP project to opt out of the program. This part of Roblyn was paved in the late 1960s
by the Highway Department when the freeway was done. Mr. Leuth said they are proposing that in lieu
of the complete project, they would mill off two inches of the pavement and put two inches back
because they feel that the base of the roadway that MnDot prepared is adequate and will be adequate for
many years so the overlay would be put on top of that. The curb on the north side was also constructed
by MnDOT and is in good condition. The curb on the south side is very old but most of it is in place and
the alignment is fairly reasonable. The boulevard on the south side in some places is rough and irregular
from tree stumps, etc. The revised proposal includes replacing the curb on the south side, matching it
with the overlay, and at the same time Xcel will come in and rehab the gas system under the sidewalk on
the south side of the street and Water Utility will replace four lead services on the south side of the
street. The Xcel and Water Utility work is not part of the project for which the city assesses.
Appearing in support of the opt -out were
Vicky Tinucci, 1834 Roblyn
Lillian Forsberg, 1830 Roblyn
Mark (last name undecipherable), 1840 Roblyn
Patricia Lee, 1826 Roblyn
Councilmember Lantry moved to close the public hearing and lay over one week
Councilmember Harris requested that Public Works provide information as to what the costs savings to
the RSVP program are with the compromise and with the opt -out.
Laid over to April 2 Yeas - 5 Nays - 0
52. Final Order - 03 -311 - In the matter of constructing a pedestrian and bicycle trail which will link the
existing Bruce Vento Trail to Indian Mounds Park via Commercial Street and to Lowertown via Fourth
and Prince Streets, and doing all other work necessary to complete said improvements including
acquiring the necessary right -of -way and easements. (File No. AE2002 -05)
Peter White, Real Estate Division, presented a staff report saying this is the proposed extension of the
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Bruce Vento Trail into Lowertown as well as a connection to Mounds Park. He showed a map and
explained where the extension would run. Also before the Council was the easement from Fourth Street
to Prince Street right -of -way and along Prince Street to Broadway. Real Estate has met with the property
owners affected by the easements and concerns have been raised. There is quite a bit of truck traffic in
the Diamond Products parking area as well as a lot of automobile traffic in the parking lot owned by
Dart Transit. The concern is that the large amount of traffic and not having the bikes separated from the
roadway could be hazardous. The Division of Parks has agreed to look at shifting the bike trail fully to
the south and continue the 12 ft. wide combined bike trail /pedestrian path in the new right -of -way the
city would have to purchase and continue it out to Broadway. Another concern is that there is some
dispute with the property owner by the Prince Street right -of -way as to whether it is actually right -of-
way or it is vacated. In reviewing it with the City Attorney, city staffs' position is that they are right -of-
ways and have not been vacated. That issue will be resolve with the attorneys. Some of the property
owners have said they prefer somehow getting from Fourth Street up to Fifth Street, which runs along
the north side of the Gillette Company building, and out to Broadway at that point. Parks looked into
that and their concern with that is that it's the entrance and exit to the freeway right near where Fifth
Street comes into Broadway and they have decided it is something they do not want to do.
Mr. White said the public hearing at this time is to start the process to acquire the easements. If it is
approved, Real Estate will get appraisals of the property. The property owners are entitled to damages
for the taking and any damages to the remainder of their property.
The following individuals appeared and addressed the issues and concerns that were outlined above by
Mr. White:
Clem Berkman, attorney representing Diamond Products
Don Keefe
Jack Heshler, attorney for Dart Transit
(These three individuals did not sign the speakers sheet so the names or firms could
not be clarified)
All three of the above individuals asked that this matter be returned to staff to try to find an alternative.
Appearing in support of the proposed extension were:
Kristin Dawkins, Chair of the Lower Phalen Creek Project, said they have worked with dozens of
community organizations and city agencies. The trail has been endorsed by the Railroad Island
Neighborhood, Dayton's Bluff Community, and the Lowertown Community, as well as District
Councils 5, 4, and 17, and the development corporations for these areas. She said their goal is to connect
the East Side to downtown and to the river. She was in agreement with a layover to look at alternatives
for the route.
Jim Masterman, employee of the firm that owns the land that Diamond Products leases, noted that city
staff has been talking with property owners since last August.
Councilmember Coleman moved to close the public hearing. Yeas - 5 Nays - 0
Councilmember Coleman said there appeared to be consensus to lay the matter over 30 days and see
what can be worked out. He moved to lay over four weeks.
Councilmember Harris concurred that there is an enormous amount of trucks in this area.
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Councilmember Lantry said they have to be aware that within the next 30 days it will still not be decided
who owns Prince Street and it will be a court decided issue. She felt they needed to move forward
despite those concerns.
Laid over to April 23 Yeas - 5 Nays - 0
53. Final Order - 03 -312 - In the matter of improving the alley in St. Clair and Short Line Addition, Plat
2, Block 4 by grading and paving with bituminous material (bounded by Osceola (vacated), Fairmount,
Railroad and Dunlap). (File No. 18975)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
54. Final Order in Condemnation Proceedings - 03 -313 - In the matter of condemning and taking
easements in the land necessary for slopes cuts and fills, etc. occasioned by excavations thereof or
construction of slopes in the grading and paving of an alley in St. Clair and Short Line Addition, Plat 2,
Block 4 (bounded by Osceola (vacated), Fairmount, Railroad and Dunlap). (File No. 189755)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
55. Final Order - 03 -314 - In the matter of improving Barclay Street from Case Avenue north to the
railroad right -of -way with new asphalt and all other work necessary to complete said improvements as
part of the Barclay Street Paving project. (File No. 18977)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
56. Final Order - 03 -315 - In the matter of improving the alley in Smedley's Addition, Block 1 by
grading and paving with bituminous material (bounded by Curtice, Sidney, Brown, and Andrew). (File
No. 18978)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
57. Final Order in Condemnation Proceedings - 03 -316 - In the matter of condemning and taking
easements in the land necessary for slopes, cuts and fills in the grading and paving of the alley in
Smedley's Addition, Block 1 (bounded by Curtice, Sidney, Brown, and Andrew). (File No. 189785)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 4 Nays - 0 (Lantry not present for vote)
59. Public hearing to consider the appeal of District 2 Community Council to a decision of the Saint
Paul Planning Commission upholding a billboard repair permit issued by the Office of License,
Inspections and Environmental Protection and denying the request of two district councils to revoke the
repair permit for replacement of sign face panels and stringers on four rooftop billboards at 1680 White
Bear Avenue (SE corner of Larpenteur Avenue). (Laid over from March 5)
(Lantry left the meeting)
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Manuel Cervantes, City Attorney, addressed items 59 and 60 saying his office contacted the Judge who
granted a mandamus order about two weeks ago and she indicated that she would issue an order very
shortly so he recommended the Council lay over the two items to the next public hearing.
Laid over to April 23 Yeas - 4 Nays - 0 (Lantry not present for vote)
60. Public hearing to consider the appeal of Macalester- Groveland Community Council to a decision of
the Saint Paul Planning Commission upholding a billboard repair permit issued by the Office of License,
Inspections and Environmental Protection and denying the request of two district councils to revoke the
repair permit for replacement of sign face panels and stringers on a rooftop billboard at 1278 Grand
Avenue (SE corner of Syndicate Street). (Laid over from March 5)
Laid over to April 23 Yeas - 4 Nays - 0 (Lantry not present for vote)
58. Final Order in Condemnation Proceedings - 03 -317 - In the matter of acquiring permanent easements
for right -of -way purposes and temporary construction easements to improve White Bear Avenue from
Hoyt Avenue to Larpenteur Avenue. (File No. AE2003 -1)
Paul St. Martin, Project Engineer, Department of Public Works, presented a staff report. This project is
to make improvements on the section of the Riverview Transit Corridor along White Bear Avenue
between Hoyt and Montana Avenues. The City and the Metropolitan Council have an agreement for
land acquisition and transit improvements on this section of the Riverview Corridor and White Bear
Avenue between Hoyt and Larpenteur. The City will administer the project and according to the
agreement, the City will complete the land acquisition and improvements. That work has to be
completed no later than December 31, 2004. The Met Council is providing $2 million to fund the
project. Plans are to complete the property acquisition in 2003, start construction in spring 2004, and
complete the work in summer 2004. This project is part of the Riverview Corridor Plan which is being
developed by PED and will eventually be approved by the Planning Commission and the City Council.
The Riverview Transit Corridor Plan calls for a transit station in the Hillcrest area along White Bear
Avenue. Parts of the Plan call for making White Bear Avenue more transit and pedestrian friendly
through the Hillcrest area. This project also implements some of the elements that were included in the
White Bear Avenue Small Area Plan which was adopted by the City Council in July 2001.
Mr. St. Martin displayed a map and talked in detail about the areas where improvements are being
proposed.
Appearing to address the issue were:
Chuck Repke, Executive Director of the District 2 Community Council, said the neighborhood is very
support of the smart growth concept. They have been looking at the four blocks on both sides of the
street as a smart growth area and they are working with the met Council on that. Walgreen's is building
the bus transit station on the other side of the street. The notion is to build a matching facility for a
gateway effect. Mr. Repke said he knows there will be property owners who will object to what they
believe may be a fair rate of return on the property and whether the parking can be handled, but he said
the city will not be able to do anything with that until this part of it moves forward so appraisers can be
hired to look at what can and cannot be done with the Met Council dollars.
Councilmember Harris said he is not opposed to doing transit at this location. There is a lot of money
going into this area and they want it to be successful. His issue is that there has been no apparent process
to say what part of the corridor needs the money. Mr. Repke responded that he was in discussions with
former Met Council Commissioner Mondale over a year ago talking about this as a transit hub and
trying to get those funds dedicated in this direction. Because this was in motion before the Governor
took the $2 million away from the Met Council, this may be a good time to move on a project that the
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Met Council is already supportive of.
Jay Lindgren, attorney with Dorsey & Whitney Law Firm, 50 S. 6th Street, Minneapolis, on behalf of
White Castle System, Inc., said they are supportive of the improvements that are proposed but he wanted
to raise some technical concerns that they would like to see addressed prior to adoption of this Final
Order. The temporary construction easement runs significantly through the White Castle Restaurant
although it's something the he felt they could deal with. The larger issue is the referenced 10 ft.
permanent right -of -way cuts into the area that is utilized for the drive - through operation which is a
significant portion of the revenue generated by this restaurant. Mr. St. Martin indicated in a letter that
the city had done some diagraming and believed the traffic flow could occur through a narrower area.
That may be the case but it's not something that White Castle has had the chance to review with its
engineering staff, Mr. Lindgren said, and that would be their specific request. He said they are hopeful
that the right -of -way acquisition the city is seeking is appropriate and that an engineering solution can
be achieved.
Bob Levine, 1300 Mr. Curve Avenue, Minneapolis, one of the owners of Hillcrest Shopping Center,
said their biggest problem is that the preliminary drawings indicate they will lose substantially more
than 32 parking spaces and they cannot afford to lose those. The plan calls for diagonal parking on the
north end toward Larpenteur Avenue. Their consultants have indicated that diagonal parking does not
work, particularly when there is ice and snow on the ground. He questioned if there was alternative
parking available. There is currently a transit stop on Iowa Avenue and he questioned why another bus
shelter is needed on Larpenteur and White Bear Avenues. He said they were somewhat confused as to
why there is no sidewalk in front of the Walgreen's property. He also questioned why the owners of
Hillcrest Shopping Center were not brought into the process until 30 days ago. He said if they lose 100
parking stalls, the north end of Hillcrest Shopping Center will be put out of business as there will be no
access to those properties. He said they have clauses in their leases where if 20% of the parking is
eliminated, the tenants have a right to terminate their leases. He said they need more time to study this.
Sheila O'Brien, owner of property at 1656 White Bear Avenue, said the property has been in her family
for over 50 years and was the very first structure built which later became part of the Hillcrest Shopping
Center. By taking over the parking area, it takes most of the parking in front of her store. The building is
currently leased and the leaser will not stay if parking is lost.
Councilmember Lantry moved to close the public hearing. Yeas - 4 Nays - 0 (Coleman not present)
Council President Bostrom requested this matter be laid over for one week and that Mr. St. Martin work
with the people involved.
Councilmember Lantry moved to lay over one week.
Laid over to April 2 Yeas - 4 Nays - 0 (Coleman not present for vote)
(Coleman returned)
61. Public hearing to consider the appeal of Donald Martin to a decision of the Board of Zoning Appeals
denying a variance of the allowable height for an accessory structure in order to legalize an existing
garage at 957 Beech Street.
John Hardwick, Office of License, Inspections and Environmental Protection, presented a staff report.
The Board of Zoning Appeals denied a height variance in order to legalize an existing garage at 957
Street which was partially built and Mr. Donald Martin filed an appeal. Mr. Martin recently purchased
the property which is a Category 2 Vacant Building and in February he applied for the variance. The
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previous owner built the two -story garage without calling for the required inspection during the permit
process and also built it in violation of the terms of the permit in that the garage was supposed to be less
than 15 feet in height and a single story. The garage currently is two stories tall and slightly over 16 feet
high.
On February 10 the Board of Zoning Appeals conducted a public hearing on the variance request. Staff
presented a report with a recommendation for denial. The District 4 Community Council did not present
a position. After taking testimony from the appellant, the Board resolved to deny the variance on a 5 -1
vote.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and deny the
appeal. She said it was obvious from the work that was done by the Board of Zoning Appeals that there
were no errors in their resolution.
Motion of Intent - Appeal denied Yeas - 5 Nays - 0
62. Public hearing to consider the appeal of Russanne Low to a decision of the Board of Zoning Appeals
granting a side yard setback variance in order to construct a 3.5 by 10 foot addition to the east side of the
house at 1280 Keston Street.
Councilmember Lantry moved to lay over 60 days at the request of Councilmember Benanav's office.
Laid over to May 28 for continuation of public hearing Yeas - 5 Nays - 0
63. Public hearing to consider the application of Benjamin Commons Assoc. to rezone the northern
41.33 42.33 feet of the lot at 761 Selby Avenue from B -3 General Business to RT -2 Townhouse
Residential so it can be split off and attached to the Benjamin Commons Condominium property for
construction of a garage for the residents of Benjamin Commons Condominium.
Joel Spoonheim, Department of Planning and Economic Development, appeared and said there is one
minor change which is to change the portion of the lot that is being rezoned from 41.33 feet to 42.33
feet. He said there is no impact on adjacent property owners or proposed development that will take
place on Selby Avenue.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and grant the
application as amended.
Motion of Intent - Application granted (amended) Yeas - 5 Nays - 0
Councilmember Coleman moved to adjourn the meeting. Yeas - 5 Nays - 0
ADJOURNED AT 9:40 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson April 9, 2003
Assistant Council Secretary
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mce
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