Approved Minutes 5-7-2003Page 1 of 19
SUMMARY MINUTES OF
THE SAINT PAUL CITY COUNCIL
Wednesday, May 7, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Item
• Public Hearings
The meeting was called to order at 3:38 p.m. by Council President Bostrom.
Present - 5 - Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 2 - Benanav, Coleman (both arrived after roll call)
CONSENT AGENDA (Items 1 - 32)
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 Benanav requested Item 18 be removed for discussion.
Councilmember Coleman requested Item 23 be removed for discussion.
Councilmember Lantry moved approval of the consent agenda as amended.
Adopted as amended. Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of David Benshoff, Cecelia Dodge, Jon and Lesley Doehr, Bill and Polly Haas, Lucille
Kampa, Lawrence Klecker, Kathleen Maloney, Roger Nielsen, John Pole, Barbara Quast, Kevin Scoles,
and Xcel Energy, Inc.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Rodney Thompson vs. the City of Saint Paul, et al.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 2 of 19
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Judith & David Gabrielson vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Summons in the matter of the application of Rita M. Ryan to register title to certain land, to wit Lots
12, 13, 14, 15, 16, 17 and 18, Block 4, Foundry Addition to St. Paul.
Referred to the City Attorney's Office
5. Notice of Commission Hearing as to Parcel 2 in the matter of the Saint Paul Housing and
Redevelopment Authority vs. the City of Saint Paul, et al. (Condemnation of real property for the
Hillcrest Village Redevelopment project).
Referred to the City Attorney's Office
6. Communication from Robins, Kaplan, Miller & Ciresi, LLP In the Matter of an Application for an
Amended Certificate of Authority by Time Warner Telecom of Minnesota, LLC to provide facilities -
based local telephone service.
Referred to the City Attorney's Office
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 28, 2003, to consider the application of Rice Street Properties to rezone
property from I -2 to I -1 Industrial to correspond with proposed parcel lines at 801 Rice Street.
8. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 28, 2003, to consider the application for a lot split by Rice Street
Properties with a variance to create two industrial parcels and to facilitate a transfer of ownership and tie
the parcels to the adjacent owners at 801 Rice Street.
9. Letter from the Citizen Service Office /Division of Property Code Enforcement declaring 794 Dayton
Avenue and 1819 Sheridan Avenue as nuisance properties. (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
10. Administrative Orders:
D002285 Amending the 2002 General Fund budget within Citizen Services to cover year -end variances.
D002286 Authorizing payment to Byerly's, not to exceed $150.00, to cover expenses for food service to
the participants in the Saint Paul Police Department's Professional Development Institute course on
Graffiti Identification scheduled for April 24, 2003.
D002287 Amending the 2002 General Fund budget within City Council to cover year -end variances.
D002288 Amending the 2002 General Fund budget within Human Resources to cover year -end
variances.
D002289 Increasing the budget of the Martin Luther King Sitework Project in the Department of
Planning and Economic Development.
Noted as on file in the City Clerk's Office
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 3 of 19
FOR ACTION
11. Resolution - 03 -418 - Approving the appointments, by Mayor Kelly, of Charissa Bryant, Ellie
Kidder, Kelsey Neumann, and Roger Schwagmeyer to the Mayor's Advisory Committee for People with
Disabilities.
Adopted Yeas - 7 Nays - 0
12 Resolution - 03 -419 - Approving the appointment, by Mayor Kelly, of Stephanie Andrews and the
reappointment of Teri McLaughlin to the Saint Paul Cultural Investment Program (Cultural STAR
Board).
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -420 - Authorizing the Deputy Mayor and the City Engineer to enter into a
cooperative construction agreement with the Minnesota Department of Transportation.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -421 - Authorizing payment of $41,000.00 to the law firm of Rice, Michels &
Johnson, LLP, attorneys for Patrick Smith, in full settlement of his claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
15 Resolution - 03 -422 - Approving Battle Creek Booster Club to the 10% Club list of eligible recipients
for 2003.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -423 - Approving Johnson Area Baseball Boosters to the 10% Club list of eligible
recipients for 2003.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -424 - Authorizing changes to the 2003 Capital Improvement Budget.
Adopted Yeas - 7 Nays - 0
18. (Discussed after the consent agenda)
19. Resolution - 03 -426 - Authorizing the Office of License, Inspections and Environmental Protection's
Animal Control Center to accept at no charge two banks of cages from the Minnesota Hooved Animal
Rescue Foundation.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -427 - Designating banks to be used as depositories for city funds and investment
programs in compliance with Minnesota Statutes, Chapter 118A.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -428 - Concerning adverse action against the Taxicab Driver License Application
submitted by Robert Coppock.
Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -429 - Waiving the 60% consent requirement for a block party /special event permit
for Grand Old Day to be held on Sunday, June 1, 2003. Adopted Yeas - 7 Nays - 0
23. (Discussed after the consent agenda)
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 4 of 19
24. Resolution - 03 -431 - Thanking Bobby Newton for his life and service and proclaiming Monday,
May 12, 2003, to be Erwin Robert Newton Day in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
25. Resolution - 03 -432 - Authorizing the Department of Public Works to enter into an agreement with
the Minnesota Transportation Museum to act as its agent in receiving federal funds.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -433 - Authorizing application for a Tax Base Revitalization Grant from the
Metropolitan Council for the Livingston Street Project. Adopted Yeas - 7 Nays - 0
27. Preliminary Order 03 -434 - In the matter of construction of a sanitary sewer /service connections and
a water main /service connections in Winthrop Street from Springside Drive to Hadley Street and in
Hadley Street from Winthrop Street to approximately 200 feet east of Winthrop Street, and setting date
of public hearing for June 4, 2003.
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 03 -435 - In the matter of condemning and taking of property rights as required
for construction of Phalen Boulevard Phase II between Payne Avenue and Arcade Street, and setting
date of public hearing for May 28, 2003.
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 03 -436 - In the matter of the construction of a twin lantern street lighting system
on the northwest side of East 7th Street from approximately 104 feet northeast of Beech Street to
Minnehaha Avenue and the southeast of East 7th Street from Beech Street to Mendota Street /Minnehaha
Avenue and on East 7th Street from Payne Avenue to approximately 260 feet northeast of Payne Avenue
and setting date of public hearing for June 4, 2003. (File Nos. 18987 and 18988)
Adopted Yeas - 7 Nays - 0
30. Resolution Approving Assessment - 03 -437 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for part of February 2003 to part of April 2003
(J0303A); summary abatements (snow /ice removal and /or sanding of walks) for part of February 2003
to part of March 2003 (J0302SNOW); demolition of buildings for part of March 2003 (J0302C); and
boarding -up vacant buildings for March 2003, and setting date of public hearing for June 25, 2003.
Adopted Yeas - 7 Nays - 0
31. Resolution Approving Assessment - 03 -438 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of a water service connection in conjunction with the
Knapp /Hillside Area RSVP Project, and setting date of public hearing for June 25, 2003. (File No.
18930WC)
Adopted Yeas - 7 Nays - 0
32. Resolution Approving Assessment - 03 -439 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of sanitary sewer connections and a storm sewer connection in
conjunction with the Knapp/Hillside Area RSVP Project, and setting date of public hearing for June 25,
2003. (File No. 18930SC)
Adopted Yeas - 7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 5 of 19
18. Resolution - 03 -425 - Accepting from the Minnesota Wild access credential for the Mayor and
tickets for Councilmembers, the Deputy Mayor, Senior Policy Analyst, and the Director of the
Department of Planning and Economic Development for the National Hockey League Playoffs and
transportation to the Mayor to attend a Wild playoff game in Denver, and declaring the participation by
official City representatives in these events serves the public purpose of supporting and showing
commitment to a major asset of Saint Paul, encouraging further development and commitment in Saint
Paul, and further enhancing Saint Paul as a place to live, work, and visit.
Councilmember Benanav said he wanted clarification on what is appropriate for city officials to accept
and that he would vote against this resolution.
Councilmember Coleman said the Council has relied on the advice of the City Attorney as to how to
proceed with the gift issue. He felt it should be clarified that the policy of the city is that these gifts will
not be accepted in the future. There are exemptions in the Statute, such as if a speech is given, certain
gifts can be accepted. He suggested that acceptance of gifts be limited to the specific exemptions that are
in the Statute. He feels the easiest way to handle this is to say the city has acted in good faith on the
advice of counsel but in the future they will take the narrowest interpretation, a more consistent
interpretation like how Minneapolis handles it. He said the Council has gone out of its way to try to
avoid any conflicts of interest and they don't want to diminish that reputation in any way.
Councilmember Benanav concurred that the Council should take a position now that sports tickets,
airline tickets, etc. are not accepted in the future.
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 2 (Benanav, Lantry)
Following the recess, Councilmember Coleman moved suspension and approval of the following
resolution outlining what the future policy of the city will be with regard to accepting gifts.
Resolution - 03 -449 - Confirming the City's policy for public officials not to accept any gift as defined
in Minnesota Statutes § 10A.071, Subd. 1 under circumstances where the gift would otherwise be
prohibited by state or local law.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -430 - Calling for a Saint Paul street to be named for Cesar Chavez and establishing a
Legislative Advisory Committee to make recommendations relative to which street should be so named.
Councilmember Coleman amended the resolution by removing the completion date for the committee's
work and that a final written report is to be provided to the City Council no later than December 31,
3003.
Councilmember Coleman moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
FOR DISCUSSION
33. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from November 6)
Marcia Moermond, Legislative Hearing Officer, appeared and stated that the Council had granted 90
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 6 of 19
days for this vacant building to be repaired. The 90 days has expired and Code Enforcement staff
recommended granting the balance of the typical 180 days to complete the work..
Councilmember Lantry moved to lay over 90 days.
Laid over to August 6 Yeas - 7 Nays - 0
Suspension Item
Frank Villaume, III, Assistant City Attorney and 28 year city employee was recognized by Manuel
Cervantes, City Attorney and the City Council for his accomplishments as noted in the following
resolution. Mr. Villaume Thanked the Council and Mr. Cervantes for the recognition.
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 03 -447 - Recognizing Frank E. Villaume, III, Assistant City Attorney, for his
accomplishments in receiving the highest rating (AV) from the benchmark Martindale- Hubbell
Directory, plus for the third year in a row, being named as "Super Lawyer" by Minnesota Law &
Politics and Minneapolis -St. Paul Magazine.
Adopted Yeas - 7 Nays - 0
34. 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 23)
Paul St. Martin, Department of Public Works, reminded the Council that at the public hearing on this
matter representatives from White Castle and Hillcrest Shopping Center expressed concerns about this
project. Mr. St. Martin displayed a map and explained the concerns. Originally, a 10 ft. permanent
acquisition was proposed on the west side of White Bear between Hoyt and California Avenues. Public
Works worked with engineering staff from White Castle and their drive - through will be adequate if the
city acquires 8 feet rather than 10 feet. White Castle will put a barrier between the sidewalk and White
Bear Ave. and their drive- through to make sure vehicles don't jump the curb and get onto the sidewalk.
White Castle also had concerns about their sign as to whether they're out of compliance with setbacks so
that is being worked on as acquisition moves forward.
On the East side of White Bear they looked at the 8 ft. widening because Hillcrest Shopping Center had
concern about loss of parking. If the widening is reduced to 8 feet between Idaho and California, the
amount of parking lost at the shopping center is substantially reduced.
Mr. St. Martin proposed to modify the map with the original order by proposing an 8 ft. permit
acquisition of right -of -way on the west side of White Bear between Hoyt and California and 8 ft. on the
east side of White Bear between Iowa and California. Between California and Larpenteur the original 13
ft. width is still proposed where the transit station will be located.
Councilmember Lantry moved approval.
Adopted (a revised map was approved) Yeas - 7 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 7 of 19
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
35. Final Adoption - 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.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
36. Final Adoption - 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.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
37. Final Adoption - 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.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
38. Final Adoption - 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.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
39. Final Adoption - 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. (Substitute
introduced on April 23)
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
40. Final Adoption - 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.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
41. First Reading - 03 -440 - An ordinance amending Saint Paul Legislative Code Chapter 200 to impose
administrative penalties for dogs which repeatedly run at large, to provide a method for destruction of
dogs declared to be a nuisance, and to provide incentives for having dogs neutered or spayed.
Laid over to May 14 for second reading
42. First Reading - 03 -441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code
allowing skateboarding in Saint Paul unless indicated otherwise.
fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 8 of 19
Laid over to May 14 for second reading
Suspension Item
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 03 -448 - Requesting information from Director of Parks and Recreation regarding the
Administration's proposed plan on changing staffing and operation issues for Saint Paul Parks and
Recreation Centers and that this information be provided to the City Council no later than Friday, May
16 for the Council's Policy Session to be held on May 21, 2003.
Adopted Yeas - 7 Nays - 0
The meeting was recessed from 4:15 to 5:35 p.m.
Roll Call: Present - 7 Absent - 0
PUBLIC HEARINGS
43. Third Reading - 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code
pertaining to sports facilities sponsorship signs. (Laid over from April 16) (A substitute ordinance will
be introduced on May 7)
Vince Gillespie, Manager of Special Services for the Division of Parks and Recreation, appeared. Parks
and Recreation has had some difficult budgetary issues over the last few years, Gillespie said, and they
have to consider new ways of generating revenue to help augment programs and facilities. The athletic
facilities have been deteriorating significantly over the past few years due in part to the fact that they
don't have enough staff to maintain them. Many games have not been played at some fields due to
unsafe situations that were difficult to rectify. At the same time there are golf course facilities and the
new course at Highland Park that need to be augmented in terms of funding for capital improvements.
Parks contacted the Planning Commission and the Department of Planning and Economic Development
to suggest a change in the Code to allow Parks to increase their revenues by using the concept of
sponsorships which is different than advertising. However, they believe that there is a clear distinction
between sponsorships in that it is an entity paying the city money to have its name displayed and
benefitting the community as opposed to a marketing effort. He said he believes the benefits in the long
run will help Parks continue its mission of providing good, safe facilities to the citizens of St. Paul.
Councilmember Coleman asked about the control of sponsors and whether it could open up to unwanted
advertising. Mr. Gillespie responded that they are presently working on an internal policy and the draft
talks about prohibiting tobacco, alcohol and gambling within the signage of the City's facilities. He said
they feel the City has a right to identify the types of information that sponsors will be able to provide.
Larry Soderholm, Department of Planning and Economic Development, appeared and said the Planning
Commission has looked at this concept and believes that it is reasonable to allow sponsorship signs on
ballpark fences. The Planning Commission's recommendation is slightly different from the original
ordinance. The signs would be allowed on the fences of ballparks that are more than 200 ft. from
residential property, they would be allowed on the municipal city -wide hockey rinks on the inside of the
hockey boards, and they would be allowed at the tee off markers on the golf courses. The ordinance does
not distinguish between municipally owned facilities and colleges or high schools. It does not allow
them at neighborhood recreation centers but only at city -wide municipal facilities and at colleges or high
schools if they meet those criteria. Mr. Soderholm said he felt it would be subject to challenge if an
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 9 of 19
ordinance was written that said this kind of advertising will only be allowed for the city. The signs are
already at privately owned Little League ballfields and at the city -owned Midway Stadium. No one has
ever challenged whether the signs on the outfield fences at Midway Stadium are legal or not. The fact is,
they are off premise advertising signs the way the Zoning Code defines them. With this change in the
Zoning Code, the Planning Commission would review applications for special condition use permits for
Midway Stadium, for the Little League ballparks and for other facilities that meet the standards that
Parks and Rec. proposes.
In response to a question of Councilmember Coleman, Mr. Gillespie said they think revenue from the
field signs conservatively would be $35,000 to $40,000 per year and on the high end it could be up to
$60,000 or $70,000. When the golf course are factored in, it goes to over six figures.
The following individuals appeared in support of the signs:
Al Paulson, 555 Summit Avenue, Chair of the St. Paul Parks Commission, said maintenance has always
been a problem and signs would offer a significant amount of dollars that would go to a specific facility
for maintaining and upgrading the facility. They want to see the signs be aesthetically pleasing.
Bernae Gunderson, 309 Pelham Boulevard, a softball umpire and a board member of Friends of St. Paul
Baseball, said the signs are needed to keep up the baseball facilities and they have potential to be
premier facilities with the use of signs.
Julian Loscalzo, 1141 Portland Avenue, member of Dunning Boosters and a board member of Friends of
St. Paul Little League, said a ballpark and outfield signs are one in the same. It's an option that should
be looked at in terms of revenue sources to assist little league programs and keep sports affordable.
Art Baumeister, Director of the Highland Park Men's Club at the Golf Course, said they are in support
of the signs and they feel they will be done in good taste.
Appearing in opposition to the signs were:
Peggy Lynch, Executive Director of the Friends of Parks and Trails for St. Paul and Ramsey County,
read a resolution that the Friends adopted citing why they object to advertising signs including that the
city has passed and enforced ordinances with respect to no advertising signs being permitted in any
zoning district in the city so as to enhance views of the natural and built environments of the city, to
improve esthetically the fusion of residential and commercial areas.
John Mannillo, 1335 Beechwood Place, Chair of Scenic St. Paul, said in reading the ordinance it seems
to be a lawsuit waiting to happen. He compared the signs to billboards and said he was concerned it
could lead to other things. He asked if the city could really create an ordinance that is tight enough to do
exactly what they're saying. He suggested a null and void clause be put in which would say that if any
part of the ordinance turns out to be illegal, the entire ordinance would be null and void and a new one
would be created so they don't end up with things that weren't expected.
Anna Wasescha, 1312 Dayton Avenue, said if advertising is put in a public park, it will redefine the
definition of what "public" means in the City of St. Paul. Public space is for the common good of the
community and once the city begins to rent off portions of it for someone's gain there no longer will be
public space that is welcoming to everyone but instead it will be public spaces that are being petitioned
off and alliances being formed with the advertisers. She noted that advertising is prohibited in the
ordinance governing how the parks are operated.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 10 of 19
Councilmember Lantry moved to close the public hearing.Yeas - 7 Nays - 0
The City Council requested that staff from Parks and Recreation and Planning and Economic
Development provide a report at their May 14, 2003, City Council Meeting on language refinement of
the proposed ordinance and study whether the City could deny sponsorship privileges to certain groups.
Also, a legal opinion was requested by the City Attorney's Office on this issue.
Councilmember Lantry moved to introduce the substitute ordinance and lay over to May 21 for final
adoption
Substitute introduced and laid over to May 21 for final adoption.
Yeas - 7 Nays - 0
44. Third 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.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing. Yeas - 7
Nays - 0
Lid over to May 14 for final adoption
45. Resolution - 03 -442 - Authorizing the Housing and Redevelopment Authority to issue a Housing
Revenue Bond for the Episcopal Corporation for the Elderly in Phase II.
Patty Lilledahl, Department of Planning and Economic Development, presented a staff report saying this
is for a preliminary bond resolution for up to $5.6 million in 501.C3 housing revenue bonds for the
Episcopal Corporation. The funds will be used for the next phase of construction on their campus of up
to 50 units of mixed income independent senior rental housing to complement the existing facilities.
In response to questions of Councilmember Harris, Ms. Lilledahl said this is conduit financing and the
normal bond fee is one -half percent paid at closing, one -half percent paid on the first anniversary, and
one -tenth ongoing. Councilmember Harris said there has been talk at the Housing and Redevelopment
Authority about changing the fee structures and he asked if there have been any discussions recently.
Ms. Lilledahl responded that there has not been discussions
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
46. 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 granting
the owner 180 days to complete the rehabilitation of the property provided the following items are
completed by noon on April 23, 2003: 1) provide evidence of a clear title for the property, 2) provide
purchase agreement with a developer, 3) post a $2,000 bond with the Office of License, Inspections,
Environmental Protection, 4) pay the current vacant building fees and real estate taxes, 5) provide a plan
indicating how all the items on the Code Compliance Inspection Report will be completed and 6) show
evidence of financial ability to complete the repairs on the plan) (Laid over from April 2)
Marcia Moermond, Legislative Hearing Officer, appeared and reported that the conditions have been
met so she recommended the owner be granted 180 days to complete rehabilitation.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 11 of 19
as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
47. Appeal of Kevin Johnson to a Notice of Condemnation and Order to Vacate at 469 Whitall Street.
(Legislative Hearing Officer recommends denying the appeal)
Marcia Moermond, Legislative Hearing Officer, reported that this appeal was filed on the basis that the
inspector had incorrectly entered the property and that the findings were not appropriate for a
condemnation. Ms. Moermond said she found that the inspector did enter the property appropriately and
that the finding was appropriate given the conditions of the building. The owners filed a letter of
objection to the recommendation.
Kenneth Johnson, 309 Harrison Avenue, owner of the property, appeared. He said on January 30, 2003,
there was vacant notice posted on the property. An appeal was filed on February 3 and on February 11
the City of St. Paul withdrew as they thought no one was living at the subject property. He said prior to
he and his brother buying the property it was in disarray but no action was ever taken then by the city.
They purchased the property on December 16, 2002, his nephew Kevin Johnson moved in, and they
immediately started making repairs. On February 11 another vacant notice was posted and they went to
court again. They arrived at a code compliance agreement and all the listed violations have been
corrected. On March 28 the police were called to an attempted break -in at the property. The police
observed that the back porch was in a deteriorating condition, they notified City Code Compliance, an
inspector came to the property and another vacant notice was posted on the house. Mr. Johnson
maintained that the only problem was with three support joists that were slightly cracked. Another
appeal was filed by the owners. He said they were before the Council at this time because they are
fighting the code compliance and a complete walk- through as they feel the proceedings were illegal. Mr.
Johnson distributed photos of the property.
Steve Johnson, father of Kevin Johnson who lives in the house at 469 Whitall, said they have been
trying to close on the property and no one will work on it until the vacant building or condemnation is
lifted. He also discussed the situations they have been dealing with.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Ms. Moermond told the Council that there was a vacant building posting in June, 2003, by Code
Enforcement. That posting was withdrawn by Code Enforcement and she did not hear an appeal on that
matter. A correction order was issued on exterior code violations and all of the compliance dates were
changed to be consistent with what the Johnsons felt they could meet and the Code Enforcement officers
agreed to it. That appeal was heard by the Council and the Council concurred with the recommendation.
With respect to the current appeal, Ms. Moermond said entry into the property was the result of a police
sergeant making a determination that conditions on the property were sufficiently dangerous that they
merited a Code Enforcement inspector reviewing them. The inspector concluded that the support beams
between the first and second floor were extremely flawed and dangerous. There were other problems but
the condemnation was for structural reasons.
Councilmember Reiter told Steve Johnson that if they would not allow an inspector into the building
there is no way to verify that the repairs have been made. Mr. Johnson said he did not see a need for it
because the deficiency that was noted on March 28 when the police were called due to the robbery was
three support joists that were cracked. He said that does not constitute a violation of condemnation. Mr.
Johnson said they can inspect the joists but Code Enforcement wants to do a complete inspection and
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 12 of 19
they are refusing.
Dick Lippert, Code Enforcement inspector, appeared and gave a detailed report on the problems in the
house.
Councilmember Reiter said the building can be ordered on this date to be removed or it can be
condemned and the owners have an opportunity to work with an inspector. If they don't agree to an
inspection, it will be removed. Mr. Lippert noted that they would be working with the Office of LIEP as
they do the code compliance inspections.
Councilmember Lantry clarified that before the Council was an appeal of the condemnation and the
Council was to decide whether the condemnation was done for a good reason. From Mr. Lippert's
testimony, it's clear there was a good reason to condemn the building.
Councilmember Lantry moved to deny the appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer)
48. Appeal of Soraya Scott to a Summary Abatement Order and Vehicle Abatement Order at 902
Jessamine Avenue East. (Appeal withdrawn)
Appeal withdrawn
49. Resolution -03 -443 - Concerning adverse action against the Taxicab Driver License Renewal
Application submitted by James Rejsa.
Virginia Palmer, Assistant City Attorney, appeared and reported that Mr. Rejsa wishes to present
evidence of rehabilitation so it was suggested the matter go to an Administrative Law Judge (ALJ)
hearing before it is heard by the Council. She requested the resolution be withdrawn and sent to an ALJ.
Councilmember Lantry moved to withdrawn the resolution.
Withdrawn Yeas - 7 Nays - 0
50. Resolution - 03 -444 - Entering into a permanent easement agreement between the City of
Maplewood and Saint Paul's Division of Parks and Recreation to construct a sanitary sewer through a
portion of Phalen Golf Course.
Peter White, Real Estate Division, appeared and said that the City of Maplewood along with the City of
St. Paul Public Work's Department will be building a storm sewer in Phalen Park near Larpenteur
Avenue towards the pond. He displayed a map showing the easement. An appraisal has been done of the
property and the easement value is $6,000 which would be paid by the City of Maplewood and would go
to the park plan replacement fund.
Mr. White requested a minor change to the resolution on line 14.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval as amended.
Adopted as amended Yeas - 7 Nays - 0
51. Resolution - 03 -445 - Approving the application for a sound level variance by 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
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 13 of 19
Park Drive.
Councilmember Benanav said he has had neighborhood complaints in the past about certain music that
was played at events and he asked about the type of music that will be played at this event. Bill Fanning
with the St. Paul Saints appeared and assured Mr. Benanav that it will be appropriate music.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
52. Resolution Ratifying Assessment - 03 -446 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for properties located at 773 Frank Street and 509
Glendale Street (J0301A). (Laid over from April 23)
(Legislative Hearing Officer recommends approval of the assessment)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
(Bostrom left)
53. Public hearing to consider District Cooling's request for a cooling rate increase pursuant to Chapter
16 of the City of Saint Paul Charter.
Todd Hurley, Office of Financial Services, appeared and stated that District Cooling submitted a
customer billing rate application to the city in September, 2002. The deadline for approval or denial is
May 14, 2003. If the Council does not take action the rate will be approved through terms of the
franchise agreement. A rate review team consisting of Todd Hurley, Lori Lee from Financial Services,
and Marcia Moermond from City Council, have met numerous times with District Cooling to study the
request and their findings were summarized in a report provided to the Council. The review team made
four recommendations to the Mayor and City Council: 1) the rate proposed by District Cooling and the
request appear to be reasonable in today's market conditions and formal approval by the City Council is
recommended; 2) because District Cooling is operating in an expanding or growth mode, it is
recommended that the new cooling rate be limited to four years and that a new customer billing rate
application be resubmitted no later than 2007 and also that District Cooling provide an opportunity for
the city to review the four -year plan related to their capital expansion maintenance and its financing
whenever a new customer billing rate application is applied for; 3) because it was difficult for the rate
review committee to determine the appropriate levels of cash and reserves, it is recommended that
District Cooling's board formally approve written policy statements specifying desired cash balances or
reserves for operations, rate stabilization, debt service, and capital repair and maintenance. Also, that
District Cooling provide the city the opportunity to review these policies as they are either adopted or
amended; and 4) because of changes in the cost allocation agreement between District Energy and
District Cooling and significant effects on rates and budgets, it is recommended that District Cooling
notify the city of any changes to this cost allocation agreement and provide the city with the most
current copy of that cost allocation agreement.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing.
Yeas - 6 Nays - 0 - (Bostrom not present for vote)
(Bostrom returned)
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 14 of 19
54. Public hearing 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.
Allen Lovejoy, Department of Planning and Economic Development, presented a staff report. He noted
there were a couple of instances in the staff report that refer to the new carriage house being on the same
location, i.e., the same pad as the old building. The floor plate of the old building that was removed was
smaller so it's not identical in terms of location. There is also a citation error in the staff report whether
the specifics of the findings are still appropriate and valid. Staff recommended approval of this project
and the Zoning Committee and the Planning Commission also recommended approval.
Councilmember Coleman asked Mr. Lovejoy what the definition is in the Code of a carriage house. Mr.
Lovejoy responded that the building is above a garage or a carriage structure and was originally built to
house domestic employees. A letter was initially received from a neighbor of the property owner saying
it was used to house domestic employees but there is no way of telling whether the structure was
originally built that way. It's likely it was not built as a carriage house and it was not built as a garage
either but rather was built as a "barbeque house" which was a major chimney and cooking area with a
structure around it that may have had a bathroom and a shower. There are no records as to what its
original purpose was.
Councilmember Coleman asked when this was approved by the Zoning Committee if they determined it
fit the definition of a carriage house. Mr. Lovejoy said what they found was that there was justification
to conclude that the building did house domestic employees at one time. They were not specific in
concluding anything beyond that.
Councilmember Reiter asked if the new proposal is to build a carriage house, i.e., a garage with living
quarters above. Mr. Lovejoy responded that the existing main house has a three car garage which meets
the parking requirements. This structure would be approximately 1200 sq. ft. and would not have a
garage as part of the structure. The issue that the Planning Commission has been struggling with is that
the city has been broadening the definition in hopes of adding more housing units in the city when the
Code and its description of those houses is a bit antiquated.
Councilmember Harris asked about the neighborhood signature process with regard to the project. Mr.
Lovejoy suggested those questions be directed to the appellant and the applicant. In the reconfiguration
of the parcel, the number of homeowners who would be eligible to sign and the number of signatures
required for the petition changed. The day prior to this meeting, one of the appellants and a tech in PED
looked at the number of parcels that are still valid, understanding the new configuration of the parcel,
and the number of people who signed the original petition. There were 11 parcels and 8 signatures. It
was felt that since that just came up, they should proceed with the case because the petition process is
whether there is sufficient support in the community to justify hearing the case. The degree to which the
applicant accurately described the proposal is in question.
Councilmember Harris said it was his understanding that the residents on Lexington Avenue were not
involved in the petition process. Mr. Lovejoy said he did not know what the legal procedures are. They
only looked at who signed and who was eligible to sign under the new configuration. They did not
recertify the petition.
Ferdinand Peters, 1708 Portland Avenue, attorney representing Roger and Kathleen Anderson appeared.
The Andersons live at 600 Montcalm Place next to 590 Montcalm. Mr. Peters said in the appellant's
appeal document, they addressed at least 18 of the factors from the Planning Commission's findings. He
asked that the Council look closely at factual issues which they dispute as well as the interpretation of
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 15 of 19
the Legislative Code that applies to this matter. He showed a picture of the barbeque house that was
previously located at the site that forms the basis of the application by Mr. Gunderson for a one and one -
half story home that he wants to build. The barbeque house was built around 1953 -54 when the house
was built. It is one story, there appears to be only one window in it, and it appears to have a lean -to roof.
He said he did not think it was a carriage house as there was no garage and it does not meet the standard
under the code for that definition. He said a carriage house has to be an accessory dwelling above a
detached garage. He went to the Ramsey County Assessor's Office and their records indicate there were
no sleeping quarters and no bedroom in the building. He point out that Mrs. Auren formed the basis of
the Planning Commission finding that domestic servants had slept in this building. However, in a
subsequent letter, she indicates she was not aware of any domestic help ever living in the structure. In
exhibits to their appeal, they show that seven of the eleven people who signed this consent rescinded
when they became aware of what the structure would be.
Mr. Peters said there has been no demonstrated need by the applicant for putting an additional house on
his lot. He has changed his two - bedroom home to a five- bedroom home and a three -car garage. The size
of the original barbeque house from the MLS listing is shown as 416 feet. The current footprint of what
he proposes and what was approved by the Planning Commission is 729 sq. ft. and with the additional
storage it would be 1200 sq. ft.
Mr. Peters said the structure would impair the quality of the supply of light and air to his client's
property which is one of the findings that must be made for approval. He noted other exhibits that were
included in the material with respect to the effect on adjacent properties. He said he was not aware of
any carriage houses in this district right now.
Councilmember Blakey asked why several of the petitioners rescinded. Mr. Peters said they rescinded
when they understood what had actually been approved by the Planning Commission - that a home
would be built
Kathleen Anderson, appellant, 600 Montcalm Place, said they feel strongly that a 1 -1/2 story potential
rental property placed 3'3" from their property in a traditional area of quality homes could create a
dangerous precedent. Traffic, noise, parking and property values are impacted. She said she spoke with
28 neighbors who agreed in writing. Her home's back view and privacy would be negatively affected.
She pointed out that the personal lifestyle of Mr. Gunderson has never had anything to do with this
issue. She said she went to her neighbors and asked them if they realized the structure was approved as a
potential rental which could house up to four unrelated people. They told her that Mr. Gunderson said
the house would be for his father to live in.
Pat Orin spoke on behalf of his mother who lives at 589 Montcalm Place directly across the street from
the property in question. He said they felt they were deceived with what was happening. Their
understanding was that the building Mr. Gunderson was going to replace was going to be on the existing
pad. That pad has been expanded and that is the reason his mother has removed her name. Mr. Orin also
noted other issues he had concerns with.
Deb Haugk, 603 S. Lexington Parkway, said next to the Andersons she feels her property would be the
most directly impacted by the proposed development because their backyard is directly adjacent to it.
They want to retain the current character and do not want to see a more imposing structure.
Grant Rhodes, a neighbor, an appraiser, and a realtor, said that R2 zoning of the area has a single family
home plus a garage behind it. If this home is allowed to be built for Mr. Gunderson's father to live there,
he asked if it could be rented by a new buyer in the future.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 16 of 19
Kyle Gunderson, 591 Montcalm Place, owner of the proposed carriage house, said he wanted to clarify
some misunderstandings. The foundation size would be 26'X 26' and the maximum height as
determined by the Planning Commission would be 18 -1/2' to the mid point of the roof. He applied for a
special use permit and variance to begin remodeling what he called a guest house in the back yard. He
feels he has been honest and truthful with the city and his neighbors regarding his plans but the
disagreements with the Andersons have gone beyond property lines and property rights and they have
become personal. He noted that he has received approval from the Zoning Committee, the Planning
Commission and a strong majority vote from the Highland District Council. He laid out the relevant
facts saying he has applied for and shown plans for a new guest house built over the original platform. It
will be 1 -1/2 stories with one bedroom on the upper level, possibly 1 -1/2 baths, a fire place, kitchen and
full utilities that run from the main house. He disputed other rumors that have been going around. The
guest house was built concurrently with the barbeque house in approximately 1953. The lot size is a
little over 27,300 sq. ft. It is surrounded by either a vacated alley or unimproved Watson Street. He
explained fully what the building consisted of. He said there is evidence that people did live there or it
was rented by the owner from whom Mr. Gunderson bought the house.. Future plans for the guest home
include either a residence for his father in the future and if he does not wish to live there, Mr. Gunderson
would use it for an office. He said he has no intentions to rent the property. He feels it would have very
minimal impact, as approved, on the effect of the neighborhood. He is willing to put deed restrictions on
the property which include that the guest house shall not exceed 18 -1/2 ft. in height as measured from
the mid point to the roof, the guest house shall not be conveyed separately from the primary dwelling,
and the primary dwelling shall not be conveyed separately from the guest house, they can never be
separated; they can never be sold as separate units. The guest house and primary dwelling combined
shall be deemed to be one residential structure for the purposes of determining maximum residential use
under the rules and regulations of the City of St. Paul. The maximum occupants of the guest house shall
be two.
Gayle Summers, Community Organizer for the Highland District Council, read a letter from the
Community Development Committee of the Highland District Council stating they heard the appeal of
Roger and Kathleen Anderson and a presentation by Kyle Gunderson and they voted not to support the
appeal. The Committee asked that three conditions be attached: 1) that the lot shall not be split; 2) that
the proposed guest house never have more than two occupants; and 3) that future owners of the property
conform to the city restriction that no more than four unrelated adults occupy the lot as a whole.
Following the Community Development Committee meeting, the item came before the full Board of the
Highland District Council and the board voted not to recommend the appeal and that the three
conditions be attached.
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Harris said he has a number of concerns with this proposal based on a number of
different reasons. He believes that prior use of this structure is an important issue. He does not believe it
was a carriage house, that it actually was a barbeque house and it was probably a stretch on the Planning
Commission to make a determination that it was of similar use. Someone may have lived there but it
was not designed for such a use. He also expressed concern about carriage houses in the neighborhood
and what the impact might be on the future of the neighborhood. It's not as much about an individual as
it is about the future when Mr. Gunderson is not there anymore and what can happen to the property and
to a neighborhood. Mr. Harris also felt the petition process was flawed since a number of neighbors have
indicated they did not know what they were signing. He acknowledged that was not necessarily a reason
to deny or grant the appeal because once a petition is signed, it's signed but he felt it should be taken
into consideration by the Council. Given those issues, particularly and specifically the issue that it was
not a carriage house prior, Councilmember Harris moved to grant the appeal on the grounds that the
Planning Commission erred in its findings of facts and conclusions with respect to the prior use of the
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 17 of 19
facility.
Motion of Intent - Appeal granted Yeas - 7 Nays - 0
(Benanav and Reiter left)
55. Public hearing 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).
Rich Malloy, Department of Planning and Economic Development, appeared and explained that
Dayton's Bluff Neighborhood Housing is going to construct rowhouses along the southern end of Payne
Avenue and they want to rezone to make the entire area RM -2 which makes sense from a rezoning
perspective. The Planning Commission recommended granting the application.
Councilmember Coleman extended his appreciation to Mr. Malloy for his years of service to the City of
St. Paul as he leaves to take a position with Washington County.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Motion of Intent - Application granted Yeas - 5 Nays - 0 (Benanav and Reiter were not present for vote)
56. Public hearing 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.
Rich Malloy, Department of Planning and Economic Development, presented a staff report. He showed
a photo of the billboard at 1084 University Avenue. When this case was originally brought before the
Planning Commission, Clear Channel had applied for a building permit and the Office of LIEP denied
the permit based on the fact that this billboard had been abandoned for approximately two years. At the
Zoning Committee hearing, Clear Channel claimed that this is not just one billboard but rather the entire
structure is one billboard and one use. Therefore, less than 50% of the billboard is damaged and that is
the other way by which the Council determines whether or not it would be converted from a legal non-
conforming use to a non - conforming use. The Zoning Committee voted to deny the appeal and send it to
the full Planning Commission. At the Planning Commission meeting they agreed that this is one non-
conforming use and less than 50% of it is damaged so staff should draft a resolution to grant the appeal
to Clear Channel. That was done and within the ten day period, Scenic St. Paul appealed the decision of
the Planning Commission.
(Benanav returned)
Appearing in support of the appeal:
Jeane Weigem, 1647 Laurel Avenue, representing Scenic St. Paul, said it was her recollection that it was
a storm in 1998 that blew down the billboard. It has been in a dilapidated state for a number of years.
Under city policy, a billboard that has not been in use for a year is considered abandoned and loses its
legal status. Clear Channel claims because there are some parts that attach one side of the sign to the
other, that it is all one structure which she disputed. The City Council previously ruled that sign face
replacement, i.e., replacing those panels which the advertising messages attach to is structural and is not
allowed. Since the Council has made this clear, staff went along with the Council and recommended
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 18 of 19
against issuing the permit. The Zoning Committee similarly listened to the recommendation and said it
could not be completed. For reasons unclear, the Planning Commission has chosen to ignore those
recommendations. Ms. Weigem also asked the Council to consider waiving their filing fee for this
appeal.
Don Ludeman, 1504 Selby Avenue, Treasurer of the Snelling- Hamline Community Council asked the
Council to grant the appeal because of the precedent that would be set if it was denied. He said the
Council's job is to consistently uphold the law.
Bill Garr, 220 Marshall Avenue, representing University United which is a coalition of Midway citizens,
district councils, community organizations, and businesses, read a statement from one of their staff.
University United voted to support the billboard moratorium. This is an issue of visual blight.
Marvin Liszt, attorney representing Clear Channel, said there was a procedural issue that had to be dealt.
The Planning Commission granted Clear Channel's appeal and allowed for the permit to repair the sign.
Section 64.206 of the Code provides that the party affected can appeal the decision by the Planning
Commission within 15 days. It's very specific that an appeal may be taken to the City Council by a
person, firm or corporation affected by the decision. He noted that this appeal was made by "Scenic St.
Paul and various individuals." He said the term "various individuals" has no legal significance. He
maintained that there were no parties present appealing individually. This is a quasi-judicial proceeding,
Mr. Liszt said, and the Council is obligated to follow the law and understand the rules of law. He said
Ms. Weigem had nothing to do with Scenic St. Paul and cannot represent them. He said there was no
appeal before the Council by any party who has a right to properly appeal within 15 days.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman moved to grant the appeal.
Motion of Intent - Appeal granted Yeas - 5 Nays - 1 (Blakey)
(Reiter not present for vote)
Councilmember Coleman moved to waive the filing fees for the appeals of the District 2 Community
Council on April 23, 2003 and Scenic Saint Paul on May 7, 2003, both pertaining to billboard repairs.
Councilmember Harris said he did not agree with the fee waiver and the implications on a fee set by the
Council an which is used to offset costs. He felt a discussion should be held in the future regarding the
fees and why they are being charged the rate they are.
Yeas - 4 Nays - 2 (Blakey, Harris) (Reiter not present for vote)
ADJOURNED AT 8:50 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010
Page 19 of 19
Nancy Anderson
Assistant Council Secretary
mce
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161119\Approved ... 12/15/2010