Approved Minutes 4-2-2003Page 1 of 15
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 2, 2003 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• Miscellaneous
• Suspension Item
• 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 - 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 Coleman requested Items 11 and 24 be removed for discussion.
Councilmember Blakey moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Venus Branson, Margaret Hayek, Toni Hartman, Irene Sachi, and Jonathan Sommers -
Kropf.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Gale Rachuy vs. the City of Saint Paul.
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Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Lolita Baggett, o /b /o her minor -son, Anthony ( "TY')
Baggett, an d Bernard Collins, o /b /o minor -son, Bernard Miller, as their parents and natural guardians
vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Real Estate Division announcing a public hearing before the City Council on April 23,
2003, to consider the vacation of the City's interest of Pullman Avenue from White Bear Avenue to 125
feet east for green space and driveway purposes.
5. Administrative Orders:
D002260 Amending the spending plans for budget year 2002 for the Department of Public Works
General Fund activities.
D002261 Transferring budget money to provide adequate funding at the budgetary control levels of the
Police Department's 2002 General
Fund budget.
D002262 Transferring budget money to provide adequate funding at the budget control levels for the
Office of Financial Services' 2002 General Fund - Special Projects Fund.
D002263 Transferring budget money to provide adequate funding at the budget control levels for the
Office of License, Inspections and Environmental Protection 2002 General Fund - Executive
Administration.
Noted as on file in the City Clerk's Office
FOR ACTION
6. Resolution - 03 -274 - Approving the Memorandum of Understanding between the City of Saint Paul
and the Saint Paul Supervisors Organization. (Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
7. 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.
(Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -276 - Approving the Memorandum of Understanding between the City of Saint Paul
and Tri- Council Local 120, Local 49 and Local 132. (Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
9. 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.
(Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -320 - Approving the appointments, by Mayor Kelly, of Kathleen Engesser and
Kathy Larkin to the Workforce Investment Board.
Adopted Yeas - 7 Nays - 0
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1 L (Discussed after the consent agenda)
12. Resolution - 03 -322 - Authorizing the proper City officials to enter into a Written Agreement with
the Friends of the Saint Paul Library for the services of Steve Nelson to provide outreach support, fulfill
grant and sponsorship requirements, and perform community liaison activities.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -323 - Establishing a 2003 financing and spending plan for the reimbursement of
training and equipment expenditures for the St. Paul Police Department Ordnance Disposal Unit.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -324 - Authorizing Saint Paul Fire and Safety Services to conduct various fire
training exercises at the property located at 2160 Highwood Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -325 - Amending Council File 93 2 03 -26 adopted February 26, 2003, by granting
Wally Nelson, Renovation Inc., an extension of 180 days to complete the rehabilitation of the property
at 1198 Sherburne Avenue.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -326 - Approving the application for Gas Station, Malt Off Sale, Retail Food
Establishment - Grocery (3,000 to 6,000 sq. ft.), Restaurant (A), and Cigarette /Tobacco Licenses by A &
S Holdings, Inc., dba Marathon Food and Gas, 626 Larpenteur Avenue West.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -327 - Concerning adverse action against all licenses held by Asian Cuisine LLC, dba
Asian Cuisine, 945 Rice Street.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -328 - Concerning adverse action against the City Contractor license held by Great
Northern Exteriors, 325 Arlington Avenue West.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -329 - Concerning adverse action against the licenses held by SD Ray, Inc., dba
Scott's Place, 1178 Arcade Street.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -330 - Amending the spending and financing plans of the Phalen Boulevard project
and the 2003 Downtown Street Redesign project.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -331 - Amending the spending and financing plans of the Robert and Fillmore Signal
project to include an increase of $210,000 in assessment funding.
Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -332 - Authorizing the City to submit the 2003 Consolidated Plan (CDBG, ESG,
HOME) to the U.S. Department of Housing and Urban Development (HUD).
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -333 - Authorizing a Second Amendment to the Contract for Redevelopment between
Centex Multi - Family Upper Landing, LLC, City of Saint Paul, and Saint Paul Housing and
Redevelopment Authority.
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Adopted Yeas - 7 Nays - 0
24. Discussed after the consent agenda)
25. Resolution - 03 -335 - Memorializing City Council action taken February 26, 2003, granting the
application of MENARD, Inc., for a preliminary and final plat to allow construction of a Menards Home
Improvement Store at the northwest corner of University Avenue and Prior Avenue, including 1975
University Avenue and 573 North Prior Avenue.
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 03 -336 - In the matter of the construction of a water main and service
connections at Carver Avenue from Point Douglas Road to McKnight Road and Point Douglas Road
from Carver Avenue to 3550 feet south at Point Douglas Road, and setting date of public hearing for
April 23, 2003. (File No. 18982)
Adopted Yeas - 7 Nays - 0
27 Preliminary Order - 03 -337 - In the matter of sidewalk reconstruction and /or new construction at
various locations in Wards 2, 5 and 6, and setting date of public hearing for April 23, 2003. (File No.
02WALKS4)
Adopted Yeas - 7 Nays - 0
MISCELLANEOUS
54. Recognizing Sue Hurley, Department of Planning and Economic Development, Public Information
Specialist, on her retirement after 36 years of City service.
Sue Hurley was recognized by the Council on her retirement from City service. She responded with
words of gratitude for the honor she had working for the City of Saint Paul.
Susbension Item
Councilmember Benanav moved suspension of the rules and approval of the following resolution:
Resolution - 03 -352 - Thanking Suzanne Hurley for her love, dedication and service to the City of Saint
Paul.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman recognized Sean Kershaw, Department of Planning and Economic
Development, who has worked for the Cit of Saint Paul for 11 years and will be leaving to assume the
position of Director of the Citizens League. Mr. Kershaw responded with words of appreciation for
having had the opportunity to work for the City.
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -353 - Honoring Sean Kershaw and proclaiming April 2, 2003, to be "Sean Kershaw
Day" in the City of Saint Paul in recognition of his positive contribution to the future of the City and to
the personal and professional fabric of its Department of Planning and Economic Development.
Adopted Yeas - 7 Nays - 0
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11. Resolution - 03 -321 - Encouraging Saint Paul families to host a child this summer in conjunction
with the Children's Program of Northern Ireland or otherwise support this remarkable effort.
Councilmember Coleman said they are trying to get more people involved in the Children's Program of
Northern Ireland and that host families are needed for this summer's program.
Karol Baumeister and Sheila Dols from the Children's Program were present.
Ms. Dols thanked the citizens of St. Paul for their support over the last 30 years. There have been at least
4,000 families involved with this program throughout the State of Minnesota and 5,000 children from
Northern Ireland have been involved in the program.
Roger Busby, a program participant at the age of 10 and now a University of St. Thomas student,
appeared and said a few words about the program and his appreciation for what he gained from his
experience in the program as a young boy and his appreciation for being able to attend the University of
St. Thomas.
The phone number to call to be a host family is (651) 405 -1108.
Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -334 - Amending the City of Saint Paul's 2003 Capital Improvement Budget for the
City's outdoor public Farmers' Market upgrade at Fourth and Wall Streets, and accepting private funds
from the Friends of the Saint Paul Farmers' Market for this project.
Councilmember Coleman introduced a substitute resolution containing technical amendments and
moved approval.
Substitute adopted Yeas - 7 Nays - 0
FOR DISCUSSION
28. 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
maintaining an outdoor advertising sign. (Laid over from February 5)
Peter White, Real Estate Division, reported that this property has been sold to the State of Minnesota.
Councilmember Lantry moved to withdraw the Administrative Order.
Withdrawn Yeas - 7 Nays - 0
29. 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) (Laid over from March 26)
Marcia Moermond, Legislative Hearing Officer, appeared and said the new owner of this building has
posted a $2,000 bond, paid the vacant building fees, and completed a code compliance inspection;
therefore, she recommended the Council grant the owner 180 days to complete the rehabilitation.
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Councilmember Reiter moved approval.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
30. Amended Final Order - 03 -310 - Deleting Roblyn Avenue from Dewey Street to Fairview Avenue
(Wheeler Iglehart RSVP Paving and Lighting Project). (File No. 18957) (Laid over from March 26)
Councilmember Benanav reported that he visited the subject area with Larry Leuth from Public Works.
The residents throughout the city have been told there is an opt -out provision for street projects. One
hundred percent of the residents on this section of Roblyn Avenue want to opt out and the District
Council approved the opt out. He noted that there have been eight opt -outs in the last three years.
A compromise was prepared by Public Works and presented to the neighbors but they still chose to opt
out and he felt their wishes should be respected. Benanav said this street is lightly used and is in good
condition.
Councilmember Blakey said his concern is that when Public Works does their street paving plans, they
try to do it where it's an efficiency for the city overall. If some streets are done and some are not, it does
not help from an efficiency or cost standpoint.
Larry Leuth explained in detail the work that was done in this area in the late 1960s and concurred that
this portion of the street is not in bad condition but it would be more cost efficient to do everything at
the same time.
Discussion ensued with Blakey and Coleman feeling it made sense to do the entire area. It was agreed
that the opt -out policy should be reviewed.
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 2 (Blakey, Coleman)
31. 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) (Laid over from March 26)
Councilmember Lantry moved to lay over two weeks at the request of Public Works.
Laid over to April 16 Yeas - 7 Nays - 0
32. Resolution - 03 -338 - Adopting the Irvine Avenue Development Plan as an addendum to the Saint
Paul Comprehensive Plan. (This item should be approved at the same time as the two ordinances - Items
33 and 34.)
Councilmember Coleman moved approval.
Councilmember Benanav said there is a developer in this area who has potential plans and he asked
about the procedure. Councilmember Coleman responded that the Plan provides a basic level of
protection for the bluff and the underwater issue. If a developer were to come forward with a proposal
that deals sufficiently with those issues and doesn't further erode the bluff or shift the water to other
places, it could be approved with variances.
Larry Leuth added that this resolution is only to adopt the Plan that sets policy for the city with regard to
direction for zoning and some steep slope guidelines and higher parking standards for Irvine Avenue.
There are many lots on Irvine Avenue that can be developed but would be developable as single family
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densities under the proposed zoning. If someone has only a single family sized lot and wants to build
more than that, they would have to apply to rezone the property to a multi - family zone. The Planning
Commission recommended that on Pleasant Avenue at the bottom of the hill it remain multi - family and
on the steep slopes on the Summit Avenue side of Irvine Avenue it be single family.
Adopted Yeas - 7 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.
33. Final Adoption - 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.
Councilmember Coleman moved approval
Adopted Yeas - 7 Nays - 0
34. Final Adoption - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to citywide zoning regulations for development on steep slopes.
Councilmember Coleman moved to lay over one week at the request of the Friends of the Parks.
Laid over to April 9 Yeas - 7 Nays - 0
35. Final Adoption - 03 -257 - An ordinance amending the interim ordinance adopted in Council File No.
01 -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 approval
Adopted Yeas - 7 Nays - 0
36. Final Adoption - 03 -258 - An ordinance creating a separate library agency and establishing its
duties, powers and composition. (Substitute introduced on March 19)
Councilmember Harris said this is a great change for the libraries and the way business is done. It
represents years of study and a very thoughtful approach to trying something new in government.
Councilmember Harris extended his thanks to the Friends of the Library, Katie Krile, Council Research
Policy Analyst, Councilmember Lantry, and the many people who worked on this process.
Councilmember Blakey said for efficiency reasons, he would like to see a merger between the Ramsey
County and St. Paul Libraries. He said he has heard that if this change goes forward it may be a
disincentive to the Friends of the Library to continue their commitment and fund raising to the St. Paul
Libraries.
Peter Pearson, Friends of the Saint Paul Libraries, appeared and said the opposite would be the case as
they believe private fund raising for the St. Paul Public Library would be enhanced. The portion of the
property tax bill that goes to support the Library is extremely small but homeowners do not have that
knowledge until they see it on their property tax statements. It is felt that when home owners see the
small amount of their tax dollars that goes to support the libraries, it would make a compelling case for
the Friends to ask for private support in addition to the small amount of city dollars. From market
research they have done twice in the last four years, the Friends have discovered how very popular
libraries are with St. Paul citizens. When citizens see that the libraries are important to the City Council
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and that the City Council is willing to spend additional time on library issues as the library board, that
also sends a message that the library is a valued institution. That type of message can only enhance the
ability to raise private dollars.
Adopted Yeas - 7 Nays - 0
37. Second 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 9 for third reading
38. First Reading - 03 -339 - An ordinance finalizing City Council action approving the application of
MENARD, Inc. to rezone property from I -2 (Heavy Industrial) and B -3 (General Business) to I -1
(Industrial) to allow the construction of a Menards Home Improvement Store at the northwest corner of
University Avenue and Prior Avenue, including 1975 University Avenue and 573 North Prior Avenue.
(Public hearing held February 26)
Laid over to April 9 for second reading
PUBLIC HEARINGS
The meeting was recessed from 4:43 to 5:35 p.m.
Roll Call: Present - 6 Absent - 1 Coleman (arrived after roll call)
39. Resolution - 03 -340 - Ordering the owner to remove or repair the building at 718 Sherburne Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the April 8, 2003 Legislative Hearing and the April 23, 2003 City Council Meeting)
Marcia Moermond, Legislative Hearing Officer, appeared and said the ownership of this house is
disputed between the fee owner who recently gained title and the people he has asked to leave and who
have had a contract for deed for the property. Both parties have developers for the property who
attended the Legislative Hearing. Ms. Moermond suggested the Council continue this matter until the
ownership issue is settled.
Councilmember Blakey moved to lay over to May 7
Laid over to May 7 Yeas - 6 Nays - 0 (Coleman not present for vote)
40. Resolution Ratifying Assessment - 03 -341 - In the matter of summary abatements (property clean-
up) for properties located at 819 Johnson Parkway and 1076 Maryland Avenue East. (Laid over from
March 26) (Legislative Hearing Officer recommends the following:
819 Johnson Parkway Q0207A2A) - approval of the assessment
1076 Maryland Avenue East (J0207A2) - reducing the assessment from $195.00 to $100.00 plus the
$45.00 administrative fees for a total assessment of $145.00)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
41. Resolution Ratifying Assessment - 03 -342 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for property at 837 Fourth Street East and
property at 279 Nugent and 0 Nugent. (Laid over from March 5) (Legislative Hearing Officer
recommends the following:
837 Fourth Street East Q0207AAAA) - laying over to the April 8, 2003 Legislative Hearing and the
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April 23, 2003 City Council Meeting
0 Nugent Street and 279 Nugent Street (J0207A1AAA) - reducing the assessments from $351.00 to
$211.00 plus the $90.00 administrative fees for total assessments of $301.00)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
42. Resolution Ratifying Assessment - 03 -343 - In the matter of the assessment of benefits, costs and
expenses for towing of abandoned vehicles from private property at 972 Dayton Avenue (J0205VV).
(Laid over from March 5) (Legislative Hearing Officer recommends reducing the assessment from
$422.05 to $227.05 plus the $45.00 administrative fees for a total assessment of $272.05)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
43. Appeal of Freddie D. Smith, Jr. to a Summary Abatement Order for property located at 1487 Selby
Avenue. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and deny the
appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
44. Amended Final Order - 03 -344 - In the matter of improving Selby Avenue from Kent Street to Avon
Street by constructing new bituminous surfaced streets with concrete curb and gutter, bumpouts at
corners, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, a new twin
lantern style street lighting system, lead water service replacements, and sanitary sewer repairs and all
other work necessary to complete said improvements . Amended version includes improvements to parts
of Dale Street and operation costs for twin lantern lights on Selby Avenue. (File Nos. 18981 and
18981C)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
45. Final Order in Condemnation Proceedings - 03 -346 - In the matter of acquiring the property at the
northwest corner of Grove and Olive Streets and the southeast corner of 13th and Olive Streets for
parking for the new Police Department Headquarters (Griffin Building). (File No. AE2002 -6)
Peter White, Real Estate Division, presented a staff report. This matter pertains to a proposal to purchase
property in the neighborhood of the new law enforcement centers. He pointed out on a map the areas
and buildings they are looking at acquiring. The property that would be acquired at Grove and Olive
Streets would be used for employee parking and possibly some squad parking. One of the buildings is
currently leased out by the State of Minnesota for a recycling center and would be used for the radio
shop and storage of some of the specialty vehicles owned by the Police Department.
The parking lot is owned by Meritex which owns and /or leases a number of the properties in the area
including the PCA, DNR, and Department of Health buildings.
This is the first step in the process of purchasing these properties. Council approval is needed in order to
move forward and get appraisals of the property, make offers to the property owners, and try to
negotiate a settlement. If a settlement cannot be negotiated, the city would proceed with eminent domain
and condemn the properties to be used for this public purpose
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If they were to proceed with condemnation, Councilmember Harris noted that the cost would be $1.5
million. Mr. White concurred that that is their estimate at this time. Harris asked if the $225,000 STAR
money is out of the $1.5 million which was allocated earlier for the building. Mr. White responded that
it is money that was allocated for the horse barn which is no longer needed. Before proceeding on
purchasing this property, Harris asked if staff would have to come back to have the Council to reallocate
the STAR money. As far as how the accounting of the money works, Mr. White said if there is a need to
do a budget amendment, it would come back to the Council.
Councilmember Harris said he had a problem with the internal shifting of STAR money. He asked what
would happen if the condemnation was recommended, a discussion on financing was held by the
Council and they disagreed with the mechanism. He felt the financing should have been discussed first.
Mr. White responded that this is the way they have typically come before Council on projects like this
where they have determined what the funding sources are going to be.
If the financing does not move forward, Harris asked if the city is still forced into the condemnation. Mr.
White responded that if there is not enough money to pay for what the condemnation award is, they will
have to come back to the Council to get more money or the project will have to be cut back or cancelled.
Councilmember Harris said he does not want to see them bound by a financial decision when there has
not been a discussion of the movement of STAR money from one project to another which are unrelated.
Peter White said approval of the Final Order will set the process in motion, it does not mean that the city
will end up in condemnation or in court. They will get an appraisal, make an offer to property owners
and, hopefully negotiate a settlement. If they do go to court and the court award comes out to be an
amount that the city can't afford, the city can back out but would be responsible for damages that the
property owner might have sustained including legal fees.
An extensive question and answer period ensued.
Greg Blees stated that a request was made to PED for a status of all the neighborhood investment
money; what money had been committed and what money was available that hadn't been committed.
The committee focused on what was available and Mr. Blees said he did not go back and analyze what
had previously been committed. The horse barn money would have showed up as committed because the
Council had not taken any action to allocate it to another project.
Dennis Flaherty, Deputy Mayor, reminded the Council that he previously told them he would have to
come back on this issue because of the parking element; parking for squad cars, employee parking, and
some type of structure for the highly undercover vehicles. He said he will communicate to the Council
immediately about the financing package.
Greg Blees told the Council that in 1981 when there was a budget crisis, one of the things that was done
differently was that Police Department employees were allowed to park free at the Public Safety
Building lot and a monthly charge was instituted for police officers to park their cars while they are
using squad cars. The revenue bonds shown from the Port Authority are actually being financed by the
police officers who park in the lot. Employees are paying two - thirds of the parking cost. They cannot be
charged for the full cost because there are still police vehicles there.
Tom Wilhelmy, attorney with Fredrikson and Byron, PA, Minneapolis, appeared. He introduced the
Vice President of Asset Management and Development for Meritex Enterprises, and the Property
Manager for Lafayette Park Properties. Mr. Wilhelmy said he was present to insure that there are no
misunderstandings as the project goes forward. He said the materials that were shown on the screen
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focused narrowly on the parking lot. His client owns the parking lot. The question the Council will need
to face is not just the value of the parking lot but what the damages are or what the interference is with
the larger parcel that his client owns. He displayed a map and showed the property that is owned by
Meritex Enterprises including office buildings and an office warehouse building. There is just under
850,000 sq. ft of space in these buildings. He pointed out that the parking lots that are owned and
operated by his client provide parking for the tenants and users of the buildings.
The Ramsey County Assessor's Office valued the property owned by Meritex in the range of
$41,359,000, Wilhelmy said. He said it was important that the Council know that his client is opposed to
the taking as the parking lots are integral to the use and operation of the other properties. Also, the
damage to his client from the taking of the properties is far in excess of the entire $1.5 million. Their
preliminary range of numbers is closer to $6 million.
Mr. Wilhelmy said the source of the problem is not with the city or with his client. Originally there was
parking with the police department building and that parking was taken by the county for use in
connection with the jail. The county caused a problem for the city and now the city is going to cause a
problem for Meritex. He suggested that the decision to go forward should be based upon a good
understanding of what it is going to cost and how it's going to be handled.
Councilmember Benanav said he would like an analysis of what landowners, etc. are entitled to in these
situations; how the courts determine the value of property that is being condemned.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Benanav said he was concerned if they move forward with this, that they not be
surprised a year from now if a judge rules an extreme amount.
Manuel Cervantes, City Attorney, said it's his understanding that the court would appoint three
commissioners who are experts in the area of property appraisal and they would settle on a value amount
and offer it to the court. In terms of the cost, from staffs discussion it appears the Council will have the
opportunity to look at it a couple of times prior to "getting into the thick of it."
Additional discussion ensued. Councilmember Coleman suggested adding the following language to the
first resolve: "Resolved, That the Council of the City of Saint Paul hereby orders said improvement to be
made subject to the final approval of the financing by the City Council. An amendment was also made
to the financing page.
Councilmember Benanav suggested that staff talk to the current owners about leasing parking spaces in
the current lot and possibly look at building a parking ramp
Councilmember Coleman moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 03 -347 - In the matter of approving the assessment of benefits,
costs and expenses for miscellaneous alley work as requested by property owners in conjunction with
the Cottage /Greenbrier paving and lighting project and street improvements on Barclay Street from Case
Avenue north to the railroad right -of -way.
(File Nos. 18954C and 18977)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
(Coleman left)
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47. Resolution Ratifying Assessment - 03 -348 - In the matter of approving the assessment of benefits,
costs and expenses for construction of sanitary sewer service connections as part of the Case /Hazelwood
area RSVP Project. (File No. 18929C)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0 (Coleman not present for vote)
(Coleman returned)
48. Resolution Ratifying Assessment - 03 -349 - In the matter of approving the assessment of benefits,
costs and expenses for water connection in the Case /Hazelwood area for the property at 1742 Bush
Avenue and water connection in the Page /Manomin area for the property at 633 Orleans Street. (File
Nos. 18929WC and 18931 WC)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
49. Resolution Ratifying Assessment - 03 -350 - In the matter of approving the assessment of benefits,
costs and expenses for grading and paving of the alley in Block 14, Hayden Heights (bounded by Ivy,
Furness Parkway, Clear, and Ruth) and the alley in Block 14, Summit Park Addition (bounded by
Osceola, Avon, Fairmount, and Victoria). (File Nos 18944 and 18946)
Dorothy Huberty, 2012 E. Clear, appeared. She said she has a 70 ft. lot and she's being assessed $3,600
for the alley which she objected to as she does not use the alley. She asked that it be forgiven or reduced.
Peter White, Real Estate Division, appeared and said the public hearing was held in May 2001.
Typically alley improvements are only initiated by a petition of the neighbors.
Councilmember Lantry asked why Ms. Huberty is considered a benefitting property owner if her garage
faces Clear. Mr. White said the property that is assessed for the alley is the land only and not the
improvements on the land; the land is what benefits from having the alley.
Councilmember Lantry said since the hearing was held in 2001, that is when people should have been
heard.
Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 03 -351 - In the matter of approving the assessment of benefits,
costs and expenses for construction of areaways on Fifth Street east of St. Peter Street in connection
with the Wabasha West Streetscape Project, Phase I, affecting the property at 355 Wabasha Street North.
(File No. 1889413)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
51. Public hearing 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.
Allen Lovejoy, Department of Planning and Economic Development, appeared and said material was
distributed at this meeting which included a letter from the District 8 Community Council and some e-
mails that were received.
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Appearing in support of the appellants was Tom Boyd, Attorney with Winthrop and Weinstine, who had
previously represented Ramsey Hill Association in a lawsuit involving this project. He was asked by
some of the neighbors to provide some background on the lawsuit and what was decided.
Mr. Boyd said the City's zoning code imposes a general limitation on one principle structure per zoning
lot in the RT -2 residential district which is where the 449 Portland property is located. Carriage house
dwellings are specifically identified as a narrow exception to that rule. In order to qualify as a carriage
house, the dwelling must have space that was originally built to house domestic employees. The purpose
and intent of this narrow exception is to encourage preservation and restoration of authentic carriage
houses; it is not to promote a proliferation of newly built carriage house type structures in violation of
the single principle structure rule.
Ramsey Hill Association previously objected to the city's approval of the construction of a carriage
house at this property. The owners initial permit application proposed the remodeling of the garage into
a carriage house. To convert the garage into living quarters would make it a second principle structure
on that lot which violates the rule, Mr. Boyd said. Also, the garage could not qualify for the carriage
house exception because it did not originally have space built to house domestic service. The owners
argued that the single principle rule did not apply to them and did not apply to the district. The court
held that the garage does not fit the Code's definition of a carriage house. The court held that the
proposed development of the garage would constitute a second principle structure that violated the rules
and the permit was struck down as invalid and ordered the city to revoke it. The court did not hold that
the Effendi's could never develop a garage on their property but that the garage could not be developed
into a second principle structure regardless of whether it's called a carriage house or something else.
Also appearing in support of the appeal were:
Donovan McCain, 453 Portland Avenue;
Bill Sell, 457 Holly Avenue;
Peter Carlson, 482 Dayton Avenue
Mark Voerding, 113 Farrington Street
Khalid Effendi, 449 Portland Avenue, one of the property owners, noted that in April it will be one year
that they have been going through this process. He said that although Ramsey Hill Association has not
put their name on the appeal, the cast of characters are the same. However, they have found over the past
year that there are not many neighbors who are opposed to the project. Mr. Effendi said he and his wife
have talked to the neighbors, they have been to District 8 meetings and Ramsey Hill Association Land
Use Meetings and each time they prevailed. He said when his opponents talk about the court order, they
fail to mention the summation "with the decision on the permitted use in the RT -2 zoning, the proposal
must proceed by a special use permit." To do so, the Planning Commission must review any new
proposal. Whether or not the record supports the findings necessary to issue a special use permit is not
before the court at this time. Therefore, the court will not make any findings or orders in that regard.
Also, the court did not use the city staffs offered interpretation that this project could be viewed as an
attached dwelling after the granting of variances in arriving at this decision. The judge does not close the
door on two processes. One is for them to propose it as an attachment because it's less than six feet apart
from the main house and by the Zoning Code it would be considered attached. The judge said if they
want to proceed to go through the SCUP process.
Mr. Effendi said when they talk about the requirements for a carriage house, the Code is read
selectively. He said they have done what the city has asked them to do. The last time Ramsey Hill
Association was before the Council they said the Effendi's should have gone to City Planning and they
have done that. The judge also asked them to go through Planning.
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Also appearing in support were:
Linda Salway, 467 Portland
Steve Gordon, 492 Holly Avenue
Lou Sudheimer, 439 Portland Avenue
Leaetta Hough, 370 Summit Avenue
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman asked Allen Lovejoy to explain the undue hardship. Mr. Lovejoy said that Mr.
Gordon outlined it fairly accurately in terms of the way that staff presented it and how the Planning
Commission looked at it. There are parcels of similar size and houses of similar size that have very large
carriage houses on the alley both in this block and in the general neighborhood. It's a debatable point
about the absolute comparability of the size of the carriages houses but the fact that they exist and are
similar in size, it suggested to the Planning Commission and to staff that this parcel would be treated
differently than the other parcels in the neighborhood if the carriage house was not allowed.
Councilmember Coleman asked if the existing carriage houses were originally built for servants. Mr.
Lovejoy responded that he thought most of them were but it's not hard and fast that all the carriage
houses were originally built to house domestic employees and that they were built at the time the
original houses were built.
Councilmember Coleman asked if the appeal is granted, whether the RT -2 second primary residence
option is available. Mr. Lovejoy responded that LISP staff contended it was, the City Council agreed
that it was, and the Ramsey Hill Association made the case successfully to the judge that a second
principle structure was not allowed and, as was pointed out by Mr. Effendi, the judge specifically said
the correct route is to get a special condition use permit.
Councilmember Coleman asked why the appropriate avenue wasn't an appeal to the Court of Appeals
from Judge Bastian's ruling and whether that option is still available. Manuel Cervantes, City Attorney,
said an appeal to the judge's decision is not available. His decision was from December of 2002 and
there are 60 days after the decision to appeal. Therefore, it becomes a law of the case. The hesitation on
staffs part to indicate it's available is well founded.
Councilmember Coleman said the Code is very clear that undue hardship must be found.
Extensive discussion took place between the Councilmembers and Mr. Lovejoy.
Councilmember Blakey moved to deny the appeal and adopt the Planning Commission's findings saying
there are numerous properties in the area that are very similar and some are used as garages and some
are used as carriage houses. A carriage house at 449 Portland would not stand out and would not be out
of place. Also, the Historic Preservation Commission found that the style of the carriage house and the
garage fits into the neighborhood.
Motion of Intent - Appeal denied
Yeas - 4 Nays - 3 (Benanav, Coleman, Lantry)
52. Public hearing to consider the application of the Metropolitan Council (Eastside Bus Garage) for
approval of a final plat to create two industrial lots at 800 Mississippi Street between York and
Minnehaha Avenues. (Note: This public hearing will not be held due to lack of notification requirements
- public hearing is scheduled for April 23)
Public hearing scheduled for April 23
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53. Public hearing 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 at 435 James Avenue.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Motion of Intent - Application granted Yeas - 7 Nays - 0
Greg Blees, Council Secretary, announced that the City Council had set a special public hearing for
Wednesday, April 9, 2003, at 4:00 p.m. to hear public comments and concerns regarding the budget
adjustment recommendations made by the City Council Ad Hoc Budget Committee. The Committee
made budget adjustment recommendations totaling $19,041,949. to help offset a proposed 2004 Local
Government Aid cut of $34,000,000.
Councilmember Blakey moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 7:45 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson April 16, 2003
Assistant Council Secretary
mce
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