Approved Minutes 4-23-2003Page 1 of 19
SUMMARY MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, April 23, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
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
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
• Public Hearings
CONSENT AGENDA (Items 1 - 20)
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 Lantry moved approval of the consent agenda.
Adopted Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
The following communications were read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
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Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on May 7, 2003, to consider the appeal of Scenic Saint Paul and various individuals to
a decision of the Saint Paul Planning Commission granting the appeal of Clear Channel Outdoor, Inc., to
permit repair of a damaged billboard face at 1084 University Avenue.
Letter from the Office of the City Attorney announcing a public hearing before the City Council on May
7, 2003, to consider a taxicab driver license renewal application by James Rejsa.
1. Claims of American Family Insurance Group (for client Pat Zoerb), The Hartford (for clients
Kathleen Cota and Mary Donohue), Carl Hovey, Jr., Osterbauer Law Firm (for client Larry Brown),
Deborah Strasser and Pong Xiong.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Melissa Lee vs. the Saint Paul Public Housing Agency.
Referred to the City Attorney's Office
3. Amended Verified Complaint in the matter of Mark Voerding, James Hirsh, Thomas Darling, William
and Althea Sell, Jo Ann Erickson and Richard Erickson vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Office of Financial Services requesting a public hearing before the City Council on
May 7, 2003, to consider District Cooling's request for a cooling rate increase pursuant to Chapter 16 of
the City of Saint Paul Charter.
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 7, 2003, to consider the appeal of Roger and Kathleen Anderson to a
decision of the Planning Commission approving a Conditional Use Permit for a carriage house at 590
Montcalm Place.
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 7, 2003, to consider the application of Dayton's Bluff Neighborhood
Housing Services to rezone from RT -2 (Townhouse Residential) and I -1 (Industrial) to RM -2 (Multi -
Family Residential) to allow construction of three 8 -unit rowhouses at the east side of Payne Avenue
(north of Hopkins Street and south to Kenny Road).
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on May 7, 2003, to consider a sound level variance application from Bill
Fannning, Executive Vice President /General Manager of the St. Paul Saints Baseball Club for an
amplified music concert to be held on June 15, 2003, from 12:00 noon to 8:30 p.m. at Midway Stadium,
1771 Energy Park Drive.
8. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 928
Maryland Avenue East as nuisance property. (For notification purposes only; public hearing will be
scheduled at a later date if necessary.)
9. Administrative Orders:
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D002275 Transferring budget authority to provide sufficient funding at the budgetary control level of
the Parks and Recreation's 2002 Special Recreation Activities Fund Budget (391).
D002276 Transferring spending authority within the Department of Public Work's Street Repair and
Cleaning Fund to adjust the spending budget for capital outlay purchases.
D002277 Authorizing the Saint Paul Public Library to hold a volunteer recognition program at the Saint
Paul Radisson Inn on May 8, 2003, and a youth volunteer recognition in the Fall of 2003 with monies
provided by The Friends of the Library.
D002278 Authorizing time extension with Thomas & Sons Construction for the North Quadrant Phase
III (including East Seventh Street from Wacouta Street to Jackson Street).
D002279 Authorizing time extension with Schurcon, Inc. for the Wabasha West Streetscape Phase II
(Downtown2A).
D002280 Amending the 2002 General Fund budget within the Mayor's Office to cover year -end
variances.
D002281 Amending the 2002 General Fund budget within Technology and Management Services to
cover year -end variances.
D002282 Amending the 2002 General Fund budget within the General Government accounts to cover
year -end variances.
D002283 Transferring funds from the Mayor's Contingency Fund (0518) to support the Mayor's
Leadership Academy classes to be held in the Spring and Fall of 2003.
D002284 Transferring spending authority within the Department of Public Works Street Repair and
Cleaning Fund to adjust the spending budget for various purchases made during the year.
Noted as on file in the City Clerk's Office
FOR ACTION
10. Approval of minutes of April 16, 2003.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -394 - Establishing the rate of pay for the new classification titled Parks Worker -
Golf (seasonal) in Grade 1 lU, Bargaining Unit 72, Groundsworker Local 132 Salary Schedule.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -395 - Memorializing City Council action taken February 26, 2003, granting the
request of David Dorris to withdraw his appeal to a decision of the Heritage Preservation Commission
denying a building permit to convert an auto garage to a residence at 1575 Summit Avenue.
Adopted Yeas - 7 Nays - 0
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13. Resolution - 03 -396 - Memorializing City Council action taken February 5, 2003, denying an appeal
by Nicollet Restoration to a decision of the Planning Commission to revoke a River Corridor
Conditional Use Permit to allow four single boat docks and one group dock, with provision for propane
gas and electricity for boats using the dock, at 436 Shepard Road.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -397 - Approving the decision of the Legislative Hearing Officer on an appeal for
2100 Skyway Drive.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -398 - Approving the decisions of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices, and Correction Orders for 1069 Hudson Road and 1044 Front
Avenue.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -399 - Amending Council File 03 -133 and granting Robert Pilz of Homevestors, Inc.,
dba Home Renew LLC, 180 days to complete rehabilitation of the property at 2285 Benson Avenue.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -400 - Rescinding Council File No. 03 -57 adopted by the City Council on January
22, 2003, regarding the property description for the vacation of the North half of Pullman Avenue from
White Bear Avenue to 140 feet East.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -401 - Accepting a $2 million grant and an $8 million loan from the Department of
Housing and Urban Development, and delegating to the Housing and Redevelopment Authority
responsibility for administering them.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -402 - Transferring excess Sewer Availability Charge (SAC) revenues from
unreserved retained earnings to Capital Projects Fund C99 for sewer construction.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -403 - Establishing a spending and financing plan for the Minnesota Transportation
Museum Railcar Renovation project.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
21. Final Order - 03 -3 11 - 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
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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) (Laid over from March 26)
Peter White, Real Estate Division, displayed a map and explained the proposal for the routing of the
bike trail. A number of the property owners in the area had issues with the bike trail. Along the side of
the Diamond Products building the plan is to have a bike trail in each direction on the street. On the
north side of the street would be a bike lane that going westbound and on the south side a bike trail
going east bound. Diamond was concerned and wanted the entire trail moved to the south side of the
street and Parks Division agreed to look at that.
Another representative was concerned about running the trail through the middle of the property and
wanted the city to look at one alternative going south under the Kellogg Bridge closer to the river, out to
Kellogg and up to Broadway and Fourth and another alternative of a north route which could be either
along Fourth Street to Fifth Street on the north side of the building or north of the parking lot along the
freeway. A meeting was held with all the property owners and other interested parties and Parks is still
recommending that the original proposed trail remain. Representatives of Diamond Products were
concerned and Parks agreed to work with them to make sure they would have the flexibility to turn their
big rigs around. Staff recommendation was to go forward with the resolution
Councilmember Harris said his concern with the proposed trail is that it is a high traffic area and he
questioned what steps would be taken for safety. Parks said from a design standpoint they are looking at
the trails on the south side of the existing right -of -way. The trail would require buffer zones on each side
and it would have to be placed above grade. In some areas there would have to be a physical separation
and there is enough space to do that.
In the event of a large scale development that might take place in that area, Harris asked if the city
would be prohibited from reworking the trail as he said he doesn't want to impede an area that could be
ripe for development. Parks staff responded that the trail could present an opportunity, such as with
housing and if it's not an opportunity, it could be re- routed around any development.
Peter White added that the city has a right -of -way through the area and any time there is going to be a
development on existing right -of -way, they go through a vacation process which comes before the
Council. Typically, if there's something like this, one of the conditions of the vacation would be a new
bike trail dedicated along the edge of the development.
Councilmember Coleman asked about the difference in the cost for the options. Mr. White said the one
option is entirely in city right -of -way so there would be no acquisition costs. There may be some higher
construction costs because of the configuration of some of the parking at the west end and the two -way
traffic on Broadway between the freeway down to Fourth Street. With the other option there is some
right -of -way acquisition on the east end which is part of the property that is not used at this time.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
22. 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 April 16)
Councilmember Coleman moved to lay over two weeks.
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Laid over to May 7 Yeas - 7 Nays - 0
23. Report from the City lobbyists on the status of the adopted City of Saint Paul Legislative Agenda
and any other legislative activity not related to that agenda with which they have been involved.
(Request from the City Council on April 16 per Council File No. 03 -391)
Dennis Flaherty, Deputy Mayor, distributed a report outlining the Legislative issues the city lobbyist is
involved in at the Legislature. With regard to the Library issue, Mr. Flaherty said it has been limited to
the lobbyist scheduling appointments and being present when there have been discussions; there has
been no active lobbying or trying to influence legislators by the city lobbyist. Mayor Kelly has assumed
a very high profile at the Legislature and Mr. Flaherty felt the Mayor would continue to do that as he
sees it as an appropriate role to lobby for issues that he sees as important to the citizens of St. Paul.
Councilmember Lantry said regarding the Library Board issue, the Mayor's Office had a representative
at every meeting and never did that person indicate that the Mayor would not support it. She said the
Mayor is going before the Legislature contrary to adopted city policy. Mr. Flaherty said the Mayor will
not be dissuaded from communicating to other elected officials what he feels is in the best interest of the
citizens of St. Paul. Mr. Flaherty felt that every Legislator the Mayor talks to is aware of the fact that
there is a difference between the Council's position on this issue and the Mayor's. Councilmember
Lantry disagreed with this saying she had talked to some Legislators who had no idea that the Mayor
was appearing in direct contradiction to the city's policy. Mr. Flaherty said the Mayor discloses that it is
his position on the Library Board and not the Council's. The Mayor will continue to go before the
Legislature and he is very knowledgeable of the process.
Councilmember Lantry questioned the need for the city to hire lobbyists if that is what the Mayor is
doing. She said the Council should have been told that the Mayor was going to lobby against the Library
Board rather than hearing about it by accident.
CP Bostrom told Mr. Flaherty that the important thing to point out is that the policy of the city is that
there is a Library Board and the Mayor needs to make it very clear when he's talking to people that he's
presenting his position and it is not the position of the City of St. Paul.
Councilmember Harris said the Mayor's opinions were sought out on this issue and there was never an
indication, which started with the legislation and the Mayor's ability to oppose that legislation in the
very beginning, three resolution that were adopted, and one ordinance passed by the Council, that it
would be brought to the Legislature. He disputed the statement that it was made clear to the Council.
Councilmember Harris noted that this agenda item is about the city's lobbying staff working on issues
that aren't under city policy. He pointed out that Mr. Flaherty said in a newspaper statement the he
believes it's the Mayor and not the Council who directs lobbying activities. The Council does not share
that opinion, Harris said, and they believe that when the Council sets city policy, the Mayor should
lobby that policy. This does not involve only the library but also the river casino issue as well as other
issues. Mr. Flaherty clarified that the entire quote of his was not printed in the newspaper.
Mr. Flaherty further said the lobbyists are working on the Council's issues.
The gambling issue in St. Paul was raised and Councilmember Blakey said he would like to know if
there is interest with other Councilmembers in having a public hearing on the issue. He has asked staff
to look into holding a public hearing.
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Councilmember Lantry said there is a bill at the Legislature to allow the City of St. Paul to allow
riverboat gambling but they do not know how the City feels about the issue. Council President Bostrom
suggested a letter be sent to Senator Wiger asking for background on his legislation.
Councilmember Lantry moved that State Senator Chuck Wiger be notified that during this Legislative
Session, the City of Saint Paul would prefer not to have the authority to have Riverboat Gaming on the
river in downtown Saint Paul.
Councilmembers Blakey and Reiter said they did not feel they had enough information on the issue to
vote in support of Lantry's motion.
Adopted Yeas - 5 Nays - 2 (Blakey, Reiter)
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
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
24. Final Adoption - 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.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
25. Second Reading - 03 -388 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code
to permit alcohol to be served on streets surrounding Harriet Island during the Taste of Minnesota
Festival, if such streets are blocked off as part of a block party permit.
Laid over to May 7 for third reading /public hearing
Suspension Items
Councilmember Harris moved suspension of the rules and approval of the
Resolution 03 -417 - Opposing the proposal to increase the speed limit to 55mph along the parkway
segment of I -35E between West Seventh Street and I -94 and requesting that the Saint Paul Legislative
Delegation take the necessary steps to remove the proposal from accompanying bills.
Adopted Yeas - 7 Nays - 0
The meeting was recessed from 4:50 - 5:40 p.m.
Roll Call: Present - 7 Absent - 0
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PUBLIC HEARINGS
26. Third Reading - 03 -368 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code to
permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such
service only to the downtown business district or commercial development districts.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Laid over to May 7 for final adoption
27. Third Reading - 03 -369 - An ordinance amending Chapter 179 of the Saint Paul Legislative Code to
permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such
service only to the downtown business district or commercial development districts.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Laid over to May 7 for final adoption
28. Third Reading - 03 -370 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code to
permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such
service only to the downtown business district or commercial development districts.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Laid over to May 7 for final adoption
29. Third Reading - 03 -371 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code to
permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such
service only to the downtown business district or commercial development districts.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Laid over to May 7 for final adoption
30. Third Reading - 03 -372 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such
service only to the downtown business district or commercial development districts.
Councilmember Benanav introduced a substitute ordinance with a minor change. No one appeared in
opposition; Councilmember Benanav moved to close the public hearing.
Substitute introduced and laid over to May 7 for final adoption
31. Third Reading - 03 -374 - An ordinance amending the interim ordinance adopted pursuant to
Minnesota Statute § 462.355, Subd. 4, in Council File No. 02 -1115 on December 26, 2002, which
preserved the status quo with respect to the use of property in the Sunray area.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
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Laid over to May 7 for final adoption
32. Resolution - 03 -404 - Approving the modification of Energy Lane Business Center Redevelopment
Tax Increment Financing District and Hazardous Substance Subdistrict Financing Plan for the District to
include all of Parcel A.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Adopted Yeas - 7 Nays - 0
33. Resolution - 03 -134 - Ordering the owner to remove or repair the building at 733 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the April 22, 2003, Legislative Hearing and her decision will be stated at the April 23, 2003, City
Council Meeting.) (Laid over from March 26)
Marcia Moermond, Legislative Hearing Officer, appeared and recommended that the Council grant the
owner 90 days to remove or repair the building. The bond has been posted, the code compliance
inspection has been done, and the owner has been working extensively with Code Enforcement and
LIEP to get the work completed.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval
as amended.
Adopted as amended (remove or repair within 90 days) Yeas - 7 Nays - 0
34. Resolution - 03 -405 - Ordering the owner to remove or repair the building at 1269 Coach Road
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Marcia Moermond, Legislative Hearing Officer, reported that this is an old railroad building that is now
owned and managed by Wellington Management Company. The building is in extremely bad condition
and is dangerous but because it is an historic building, staff has not been able to move quickly for
demolition. An EAW (Environmental Assessment Worksheet) has been completed for the State. The
time period for review by State offices is complete and staff is moving into a process of revising the
EAW. At the point where it is accepted by the State, they wish to demolish the building
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval;
Adopted Yeas - 7 Nays - 0
35. Resolution - 03 -406 - Approving the decision of the Legislative Hearing Officer on Appeal on the
Notice of Condemnation and Order to Vacate at 1694 Ames Avenue.
Marcia Moermond, Legislative Hearing Officer, said this property was recently condemned and the
appeal heard. Her recommendation was to deny the appeal. There were several concerns with the living
conditions for the children living there. The family would have to vacate the building until it is cleaned
up.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
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Adopted Yeas - 7 Nays - 0
36. Appeal of Elvis Abanou to a summary abatement order for property at 976 East Minnehaha Avenue.
(Legislative Hearing Officer recommends changing the compliance date to April 29, 2003, on the
vehicle abatement order dated March 20, 2003.)
Marcia Moermond, Legislative Hearing Officer, said this was a matter of explaining the cost difference
between getting license tabs on a vehicle and having the vehicle removed from the property.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and to deny
the appeal.
Appeal denied (Amended the compliance date to April 29, 2003, on the vehicle abatement order) Yeas -
7 Nays - 0
(Harris left)
37. Appeal of Joseph Larson to a summary abatement order for property at 690 Charles Avenue.
(Legislative Hearing Officer recommends changing the compliance date to May 8, 2003, on the
summary abatement order dated March 20, 2003.)
Marcia Moermond, Legislative Hearing Officer, said this matter involved a scrap wood pile that was
going to be used for a project. The appellant was going to meet with Code Enforcement staff about
completing the project so the scrap wood would be used or else moving it to an appropriate location on
the property so an extension has been given to do that.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and deny the
appeal.
Appeal denied (amended the compliance date to May 8, 2003, on the summary abatement order) Yeas -
6 Nays - 0 (Harris not present for vote)
(Harris returned)
38. Appeal of Patricia Lindgren to a summary abatement order for property at 582 Charles Avenue.
(Legislative Hearing Officer recommends changing the compliance date to May 8, 2003 on the summary
abatement order dated March 20, 2003.)
Marcia Moermond, Legislative Hearing Officer, said this property owner is undertaking a major
rehabilitation of the entire property. During a Code Enforcement sweep through the area, the
enforcement officers found a lot of construction material, torn up yard, etc. for which they wrote
correction and abatement orders. At the Legislative Hearing they discussed how the property could be
kept up better during the rehabilitation and Ms. Lindgren has been meeting with an inspector to review
the process. Ms. Moermond recommended changing the compliance date.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and deny the
appeal.
Appeal denied (amended the compliance date to May 8, 2003, on the summary abatement order) Yeas -
7 Nays - 0
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39. Resolution - 03 -407 - Approving the petition of Todd Daddario to vacate the City's interest in
Pullman Avenue from White Bear Avenue to 125 feet east for green space and driveway purposes.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and deny the
appeal.
Adopted Yeas - 7 Nays - 0
40. Resolution Ratifying Assessment - 03 -408 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) for property at 1125 Beech Street (J0207AA)
(Laid over from February 26) (Legislative Hearing Officer recommends reducing the assessment from
$326 to $181 plus the $45 administrative fee for a total assessment of $226.)
Marcia Moermond, Legislative Hearing Officer, report that an abatement order was written for the
removal of garbage, furniture, and other items at 1125 Beech Street. Two weeks later the city removed
the items. In the hearing, Keith Pederson, the property owner, brought in receipts from his garbage
service indicating that they had removed the material in the original abatement order and he maintained
that the city removed other material. Ms. Moermond noted that in looking at the receipts it was difficult
to determine what had been removed by whom.
Keith Pederson appeared and distributed a handout showing what had transpired with this situation. He
said he had never received the order issued by the city but he did not feel that was a problem because his
regular trash hauler removes trash for this property every week. He said someone in the neighborhood
had deposited refuse on his property in the early part of July. He has a standing order with his refuse
hauler to also remove anything that is not in the trash container and his bill shows that all of the debris
was removed on July 22. After that date, additional debris was left on the property and when his hauler
came to remove it, it had been removed by the city.
Councilmember Lantry noted that there appeared to be a gap between August 1 and August 16 where
Mr. Pederson's trash hauler was not at the property. Mr. Pederson said that was because a new tenant
moved in and took over responsibility for their own trash about the 10 of August.
Councilmember Lantry moved to close the public hearing and approval per the Legislative Hearing
Officer's recommendation.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
41. Resolution Ratifying Assessment - 03 -409 - In the matter of the assessment of benefits, cost and
expenses for towing of abandoned vehicles from private property at 1130 Abell Street (J0206VV) and
summary abatement (property clean -up) for property at 657 Lawson Avenue East. (Laid over from
March 26) (Legislative Hearing Officer recommends:
1130 Abell Street - approval of the assessment
657 Lawson Avenue East - spreading the payment of the assessment over a five -year period)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval
of the Legislative Hearing Officer's recommendations.
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Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
42. Resolution Ratifying Assessment - 03 -410 - In the matter of the assessment, benefits, cost and
expenses for summary abatement (property clean -up) for property at 837 Fourth Street East
(J0207AAAA). (Laid over from February 26)
(Legislative Hearing Officer recommends approval of the assessment.)
Marcia Moermond, Legislative Hearing Officer, reported that several Legislative Hearings had been
scheduled to accommodate Dorothy Lyons schedule, who was represented the property owners, but one
never took place due to her inability to attend. At the last scheduled hearing, Ms. Moermond
recommended that the assessment be approved and sent back to the City Council.
Ms. Lyons appeared and said this property belonged to her husband and her mother -in -law. She
explained why she was not able to attend any of the hearings. She asked if another Legislative Hearing
could be scheduled.
Councilmember Lantry moved to close the public hearing and refer the matter to the May 13 Legislative
Hearing.
Referred to May 13, 2003, Legislative Hearing and laid over to the May 28, 2003, City Council Meeting
Yeas - 7 Nays - 0
43. Resolution Ratifying Assessment - 03 -411 - In the matter of the assessment of benefits, cost and
expenses for reconstruction and repair of sanitary sewer service for 189 and 191 Eighth Street. (File No.
18979)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
44. Resolution Ratifying Assessment - 03 -412 - In the matter of benefits, cost and expenses for
reconstruction of areaway abandonments in front of 212 East Seventh Street and 218 East Seventh
Street. (File No. 18980)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
45. Resolution Ratifying Assessment - 03 -413 - In the matter of approving the assessment of benefits,
costs and expenses for the grading and paving of the alley in Block 4, Lockey's Addition, and adjacent
Block 1, Lyton's Addition (bounded by Lyoon Place, Sylvan Street, Atwater Street and Stellar Street).
(File No. 18945)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
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46. Resolution Ratifying Assessment - 03 -414 - In the matter of assessment of benefits, cost and
expenses for boarding up vacant buildings for part of December 2002 and all of January 2003 (J0301B);
demolition of buildings from January 2003 to part of February 2003 (J0301C); and summary abatements
(property clean up) for part of December 2002 to part of January 2003 (J0301A). (Legislative Hearing
Officer recommends approval, including the following:
509 Glendale Street (J0301A) - laying over to the April 22, 2003, Legislative Hearing and the May 7,
2003, City Council Meeting
773 Frank Street (J0301A) - laying over to the April 22, 2003, Legislative Hearing and the May 7, 2003,
City Council Meeting
701 Burr Street (also known as 699 Burr Street (J0301A) - approval of the assessment
707 Maryland Avenue, East (J0301A) - approval of the assessment
369 Fuller Avenue (J0301A) - approval of the assessment
1130 Minnehaha Avenue West (J0301A) - approval of the assessment
899 Palace Avenue (J0301A) - approval of the assessment
922 Woodbridge Street (J0301A) - approval of the assessment
929 Albemarle Street (J0301A) - approval of the assessment)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
47. Final Order - 03 -415 - 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. (File No. 18982)
Bernie Bullert, Water Utility, presented a staff report. He said the Water Board has discussed this project
on several occasion. The reasons it has been addressed is that the Fire Department has concerns about
the lack of fire protection along Highway 61 in the stretch of property in this proposed petition. The
Water Utility also knew that the sewer was going to be built this year along Point Douglas Road from
Carver Avenue South and it's always cheaper to put in water main at the same time as the sewer is being
put in. Also, Water Utility was aware that there is a developer planning to build houses in that area
although he did not ask for water mains but said he could drill wells and supply his development that
way.
The Water Board decided they would do a petition and a mailing went out to the homeowners in this
area asking them if they were interested in a water main and also if they would be interested if they
could have a delayed assessment at the time they are hooked up to the water. There were 17 who
responded "yes" and of those, 13 were "yes" if the assessment could be delayed, and there were 15 who
responded "no." Based on the footage, there were more "no" responses than "yes" responses. They were
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also 12 property owners who did not respond
The Water Board does not hold public hearings and does not have the authority to levy assessments so it
had to come to the Council for a public hearing.
In the resolution, Mr. Bullert said he put in the option of going along with the delayed assessment. The
Water Board has never had a delayed assessment policy before but the Sewer Division has had one. The
Water Board then decided to recommend the water main be put in but the delayed assessment option
was removed. Mr. Bullert said his reason for the delayed assessment recommendation was because there
is almost no property left in St. Paul that is developable and to finish those last "tough "parcels, he felt
the delayed assessment option should be looked at. There would be access to the water main and there
are fire protection benefits even if a property was not hooked up. He discussed the matter with their
attorney and she said there may be a way to partial assess for some benefit up front and when someone
hooks up later it could possibly be split.
Frank Langer, Fire Department Third District Chief, and Mike Hogan, Third District. appeared. Mr.
Langer said they approached the Water Board several months ago when they heard about the road
construction project. There is one fire hydrant on Carver and McKnight which serves a one -mile area so
the limited water source is a concern. In the rest of the city there are hydrants every 600 feet. With the
road construction and sewer project, they felt this would be a good time to request to put in water for fire
protection. Mr. Langer said there is a delayed response of sometimes between six to eight minutes to get
to this location and then they only have the water in their apparatus which is 500 gallons.
Chief Hogan concurred with Mr. Langer's statements and also said due to the increased traffic on
Highway 61 it means a greater demand on the fire services in that area.
The following individuals appeared to address the issue:
Tim Colestock, 2232 Carver Avenue, asked how much the cost would be down the line and if interest
would accrue if the delayed assessment proposal was passed. Councilmember Lantry responded the
amount would be whatever the cost is, for example, 10 years from now. Interest would not accrue.
Regarding vacant property, Mr. Colestock asked if a piece of property could support three or four houses
whether there would be a connection for each house. Councilmember Lantry said most people put one
stub in front of their property. If it were a city right -of -way that's a road, she felt there would be an
assessment for each of the stubs on the lots. In the future, if the lot were subdivided and it's all on Mr.
Colestock's property, the entire cost would be borne by him and it would not be assessed. Mr. Bullert
added that normally every house is required to have it's own connection. If there is a developable piece
of land, the property owner can put their own water main stub in and support more houses
Vern Craven, representing Oakwood Church, said they just recently moved into the church. Fire
protection was raised during construction and $100,000 was spent to put large water tanks into the
ground so a well system can be sufficient for fire protection. They would be against an immediate
assessment.
Mr. N. Vang, Carver Avenue and Point Douglas Road, said he installed a well in September, 2002. He
questioned why he was not told sooner of the plans for a water main.
Phil Fuehrer, Point Douglas Road S., said he sees several roadblocks and questions keeping support
down for this project. One is cost and he said he fears many people simply cannot afford it. Previous
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work compounds the problem as some people have invested large amounts of money in filtration
systems, others have recently spent maintenance replacement dollars on upgrading their wells and some
have put in brand new wells. He said it's one thing to have strong resident demand and internal
petitioning for a project and it's another to have it at the request of the Fire Department even though
there is validity with their concerns. If water is put in and based on the lack of resident requests and the
lackluster support for the project, he felt the delayed assessment option should be available with charges
occurring only if and when a property owner decides to connect to the water main. He also feel the
proposed costs should be expanded to include Burg Street and the additional 19 properties that will
directly benefit.
John Covelli, 1492 Point Douglas Road S., said he was in favor of the water and also for no assessment
until a connection is made. He noted that he owns 12 lots, only 40 ft. has frontage and he is being
assessed $14,000 even though they don't connect to Carver.
Kristine Renning, 1514 Point Douglas Road S, said she was in favor of the water but she would like to
see the delayed assessment.
Dave McKee, 2215 Carver Avenue, said he is against the water. He questioned what the North Star Steel
Plant does for water. He also said if he were to sell his property he did not feel the buyer should be
forced to hook up with the water and that it could devalue his property.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry responded to Mr. McKee saying there is water service on the west side of
Highway 61 so North Star and other businesses in that area do have water protection.
Councilmember Lantry said she is attempting to look at other options to spread out the cost. She moved
to lay over three weeks in order to give her time to look at the costs as well as cost reductions if Burg
Street is added to the project. Also, she will hold a neighborhood meeting.
Laid over to May 14 Yeas - 7 Nays - 0
(Lantry left)
48. Final Order - 03 -416 - In the matter of sidewalk reconstruction and /or new construction at various
locations in Wards 2, 5 and 6. (File No. 02WALKS4)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0 (Lantry not present for vote)
49. 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 26)
Larry Soderholm, Department of Planning and Economic Development, gave a staff report on Items 49
and 50 noting that both appeals are taken from the same decision of the Saint Paul Planning
Commission. They are billboard repair cases and were laid over a couple of months due to a procedural
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issue. Clear Channel claimed that the City was not correctly interpreting the State law that requires
decisions within 60 days and they took it to District Court maintaining that not only the decision by the
Office of LIEP (License, Inspections and Environmental Protection) but also the appeals decisions must
be made within 60 days. The City won that case, Soderholm noted, and now Clear Channel was before
the Council on the substantive questions about the billboard repairs. The issues have to do with
replacement of sign faces, the replacement of stringers (the horizontal connecting bars behind the sign
faces) which are structural elements of billboards, and the upgrading of the structural systems that have
been made in relation to replacing sign faces. LIEP staff issued repair permits for the replacement of the
sign faces and the stringers for the billboards on White Bear Avenue at the Hillcrest Shopping Center
and on Grand Avenue across from Kowalski's Market, for a rooftop billboard. Those decisions by LIEP
were made before the City Council had made a decision about strictly interpreting the provision in
special districts that says structural systems cannot be upgraded.
Appearing in support of the appeal were:
Chuck Repke, Community Organizer /Executive Director of the District 2 Community Council. He said
they expected the signs on top of Hillcrest Shopping Center to remain there and that a repair was going
to be done to a billboard when they saw the initial permit operation and in their communications with
the Office of LISP. Once the permit was issued, almost everything that is of value to the sign was
removed and an entirely new sign was put up with an entirely different structure. With the special sign
district in place, billboards are to eventually be gone but this will not be the case if they are allowed to
be upgraded as a routine repair. District 2 believes the Planning Commission erred in their decision.
Brian Bates, 1985 Grand Avenue, representing the Macalester- Groveland Community Council, said
there has been some suggestion that State Statute preempts local ordinance in this matter. State Statute
does allow for repairs and it specifically allows that municipalities can write their own reasonable
ordinances which St. Paul has done. He said his main concern with the Office of LEIP in granting the
permits is their interpretation of the existing zoning code. It precludes the replacement or renovation of
non - conforming advertising signs and all billboard in the City are non - conforming advertising signs. He
said the question before the Council is whether or not a non - conforming advertising sign was replaced.
Marvin Lizst, Attorney for Clear Channel, appeared and said the Planning Commission's decision on the
appeals for both Items 49 and 50 was proper for the reasons outlined. Regarding the White Bear Avenue
location, Mr. Lizst contended that the appeal by District 2 Community Council was made by an entity
that does not exist. He said they are not a legal entity and that it statutorily dissolved on April 17, 2002.
There was no entity that appropriately appealed from the decision of the Planning Commission, Lizst
said, and the Council has no choice but to deny the appeal.
Chuck Repke stated that his organization is officially called the "Greater Eastside District Council" also
known as the "District 2 Community Council."
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Harris moved to grant the appeal based on errors in the findings of the Planning
Commission, specifically that they had mis- interpreted the District 2 Sign Plan.
Motion of Intent - Appeal Granted Yeas - 5 Nays - 2 (Blakey, Reiter)
50. 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,
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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 26)
Brian Bates, 1985 Grand Avenue, representing the Macalester- Groveland Community Council,
displayed pictures showing the billboard before and after it was repaired and said everything is brand
new.
Mary Wilmes, 1393 Berkeley Avenue, member of the Macalester- Groveland Community Council, said
the intent is that the City is supposed to get rid of billboards. In their paperwork, the Planning
Commission acknowledged that there was work done before they had a permit but they felt it was ok
because they took it down when they did their work after the permit. Ms. Wilmes did not agree with that
determination and said Clear Channel has not been following the rules.
Derek Tonn, President of the Macalester- Groveland Community Council, concurred with what had been
presented by their group. He said he feels they made a strong case with regard to the relationship of
State Statute, City ordinances, and the Special Sign District for Grand Avenue. He said he hopes with
regard to the issue of billboards in general that they can get the Office of LISP, the Planning
Commission, and the City Council to agree on the interpretation.
Councilmember Harris moved to close the public hearing Yeas - 7 Nays - 0.
Councilmember Harris moved to grant the appeal based on errors in the findings of fact and conclusions
of the Planning Commission and deciding that the replacement of the entire billboard face is a form of
maintenance, whereas the Commission should have found that the sign face replacement is a renovation
of a non - conforming sign which is prohibited under Section 66.302.
Motion of Intent - Appeal Granted Yeas - 5 Nays - 2 (Blakey, Reiter)
51. 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.
Rich Malloy, Department of Planning and Economic Development, gave a staff report. The Metro
Transit Facility is creating one lot for the bus barn which is already there and the other lot is for right -of-
way for the upcoming realignment of 35E and the exit to Phalen Boulevard. He showed on a map how
this will be laid out. Staff gathered recommendations of the different departments and the only thing
they encountered was a sewer easement which required an amendment.
No one appeared in opposition; Councilmember Reiter moved to close the pubic hearing and to grant the
application.
Motion of Intent - Application granted (Staff recommendations amended)
Yeas - 7 Nays - 0
52. Public hearing to consider the application of Centex Multi - Family Upper Landing LLC for a
combined plat to create one outlot and 30 residential lots on Block 4 of the Upper Landing Urban
Village bounded by Spring, Elm, Mill and Washington Streets.
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Lucy Thompson, Department of Planning and Economic Development, presented a staff report. She
displayed maps of the area being discussed. In June, 2002, the City Council approved the final plat for
the neighborhood as a whole which created a block along the riverfront between Shepard Road and the
River. The eight blocks have been set up and individual plats will be followed for the development
block -by- block. There will be 30 owner - occupied townhomes on the sites. Ms. Thompson said staff
feels that the plat meets all of the required findings. No comments were received from the West 7th -Fort
Road Federation. Staff's recommendation is for approval subject to two conditions: that a copy of the
resolution be filed with the Ramsey Country Registrar of Title and that short term erosion be addressed
as construction is underway.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and to grant
the application.
Motion of Intent - Application granted Yeas - 7 Nays - 0
53. Public hearing to consider the application of Lewis Curley to rezone property from RT -1 (Two
Family) to RT -2 (Townhouse Residential) to allow for a triplex located at 564 Winslow Avenue (at
Stevens Street).
Allen Lovejoy, Department of Planning and Economic Development, presented a staff report. This
property is a 3,000 sq. ft. home and is currently zoned RT -1 which allows for two units. In order to
convert the house to a triplex, a re- zoning is required. The entire area around this property is RT -1;
however, the site is one residential unit removed from B -3 and it is near a 29 -unit apartment building.
The Zoning Committee and the Planning Commission both felt this constituted spot zoning even though
it may be a debatable issue. The other issue is that there may be too many rooms in the house to meet the
density requirement. Mr. Lovejoy said he and Mr. Curley have gone over the floor plans to see if one of
the rooms could be eliminated and it did not seem to be practical. The key is the interpretation that
rezoning to RT -2 would constitute spot zoning so the Planning Commission recommended against
rezoning.
Councilmember Coleman asked Mr. Lovejoy if he had a definition of spot zoning. Mr. Lovejoy said he
did not but it's clear that spot zoning is illegal.
Lewis Curley, property owner, said he felt there was some confusion at the Planning Commission
meeting which has been clarified and he was able to meet all the requirements. He said he was not aware
of the zoning issue until he put the house on the market and he is now trying to make it legal. However,
the house is no longer on the market and he will remain in it.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman commended Mr. Curley for doing a good job in maintaining the house.
However, he said if it's spot zoning, there is no choice but to deny the application.
Mr. Lovejoy concurred with Coleman saying if the Council determines that it's spot zoning, then it
would be illegal to allow the rezoning.
After continued discussion, Councilmember Reiter moved to grant the application.
Motion Failed Yeas - 2 Nays - 5 - Benanav, Blakey, Bostrom, Coleman, Lantry
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Councilmember Coleman moved to deny the appeal.
Motion of Intent - Application denied Yeas - 7 Nays - 0
Councilmember Harris 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 May 14, 2003
Assistant Council Secretar
mce
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