Approved Minutes 7-23-2003Page 1 of 16
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 23, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
The meeting was called to order at 3:40 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 8)
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 requested Items 4, 7 and 8 be removed for discussion.
The following communication was read into the record by Racquel Naylor:
Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 6, 2003, to consider the application for a sound level variance
by Tom Scanlon, President and Owner of The Dubliner Pub, 2162 University Avenue West, to allow
live Irish music in the parking lot on August 19, 2003 from 6:00 p.m. to 12:00 midnight.
Councilmember Lantry moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
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1. Claims of Thomas and Debra Hoerchler, Marilyn Hull, James Scheuring, and Lo Yang.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Robyn Marshall v. the City of Saint Paul.
Referred to the City Attorney's Office
3. Administrative Order:
D002314 Authorizing use of Mayor's Contingency for necessary information services expenditures in
the Department of Financial Services.
Noted as on file in the City Clerk's Office
FOR ACTION
4. (Discussed after the consent agenda)
5. Resolution - 03 -689 - Authorizing payment, not to exceed $1,000.00, from the budget of Marketing
and Promotions Division to defray costs associated with the Ramsey County Fair on July 9 -13, 2003,
and to showcase Saint Paul.
Adopted Yeas - 7 Nays - 0
6. Resolution - 03 -690 - Establishing the rate of pay for the new classification titled Water Plant Worker.
Adopted Yeas - 7 Nays - 0
7. (Discussed after the consent agenda)
8. (Discussed after the consent agenda)
4. Resolution - 03 -688 - Declaring Wednesday, July 23, 2003, to be Tod Leiweke Day in the City of
Saint Paul.
Council President Bostrom and the Council recognized Tod Leiweke, the first president of the
Minnesota WILD and the Chief Operating Officer of Minnesota Sports and Entertainment, as he departs
this role to become the CEO for the Seattle Seahawks. Mr. Leiweke thanked the Council for their role in
bringing professional hockey to Saint Paul and for the support they have shown.
Dave Meisner, Vice President of Publicity and Promotions for Minnesota Hockey, and Mark Jorgenson,
Executive Administrator, appeared and presented Mr. Leiweke with a plaque.
Larry Dowell, President of the Saint Paul Area Chamber of Commerce, and Dennis Flaherty, Deputy
Mayor representing Mayor Kelly, also appeared and expressed words of appreciation and extended best
wishes to Mr. Leiweke in his new endeavor.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
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7. Resolution - 03 -691 - Authorizing the Department of Fire and Safety Services to enter into a
hazardous materials emergency response contract with the State of Minnesota, Department of Public
Safety.
Councilmember Lantry stated that during the last budget cycle, the Council talked about being aware of
the important services that are provided by the city. The contract price with the State of MN has
contracted with the city has remained the same over a number of years. She suggested that in the past
five years the cost of doing business, having the fire fighters well trained and the price of having the
equipment in good condition has increased. When the Council is looking at contracts and how income
can be generated for the departments that provide a valuable service outside their normal scope, they
should be looking at what the true costs are.
Acting Fire Chief Alan Bataglia appeared. He said they have been involved in this contract with the
State since 1995 and there have been some changes within the program. There originally were 11 teams
across the state. Last year St. Paul received a slight increase because it was the only standing emergency
response team as the rest of the teams across the state were being restructured. They are five- member
teams and St. Paul provides up to possibly 12- member teams in the event of a major occurrence in the
state. It is the same fee that they pay for other contractors but in addition to that there are other resources
they provide. Currently the vehicles that are operated by the hazardous materials team are provided by
the State of Minnesota. Of the 2003 Domestic Preparedness federal dollars that are coming to the state,
counties and the city, $225,000 is going to the HazMat team for additional equipment and training in
excess of the $120,000 contract. An additional $350,000 will be provided to support the advanced
technical rescue team in structural collapse equipment in vehicles. There is a very good working
relationship under this contract, Bataglia said, and if they respond to no calls, they still get the $120,000
which pays for their medicals, some of their equipment that needs to be specialized, and some training
opportunities. He said it has been a good program for the Fire Department to participate in. If they
respond, they are reimbursed from the State for the amount of the call, any equipment they would
utilize, any administrative costs they incur, as well as straight time if they have to call in additional
resources to backfill within the City.
Councilmember Lantry said this is the kind of outreach the Fire Department should be doing as well as
there being an awareness that St. Paul has a valuable product. Normally a contract increases as expenses
increase and a close look should be taken to make sure that the City is charging enough to recover and to
make it worthwhile.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -692 - Authorizing the Risk Management Division to enter into a contract with an
outside vendor to perform ergonomic assessments of City employee work sites in
accordance with the Americans with Disabilities Act (ADA).
Councilmember Lantry noted that the person who used to do this job was laid off. It was 10 percent of
his job and the estimated cost was $60 -$80 per ergonomic assessment. The proposed short -term contract
with a private entity will cost the city between $100 -$200 per assessment.
Councilmember Benanav said he shares Lantry's concerns and asked Ron Guilfoile, Risk Management,
what short term contract means. Mr. Guilfoile appeared and said they are looking at a contract for the
remainder of 2003 at the most. The County already has a contract in place that the City can use. There is
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a backlog of about seven to nine assessments that have to be completed immediately as the City is
required under law to complete them. After that, the intent of Risk Management is to piggy -back with
the County and train individuals within the departments to perform the ergonomic assessments. The
Risk Management Division only has about $2,400 available this year to conduct the assessments. If
individuals are not trained, the cost will fall back on the departments.
Councilmember Benanav told Mr. Guilfoile that he would like to be kept abreast of how the training is
going for the assessments.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
9. Report from the Administration on the following issues pertaining to the Police Headquarters Project,
Meritex lot, and Car -Lo Building: (Report requested by the City Council on June 25; laid over from July
9)
• that other potential funding sources be examined for this $1.6 million project;
• that a staff person from the City of Saint Paul be designated as project manager for the Police
Headquarters project;
•a comprehensive financing and spending plan for the Police Headquarters and Emergency
Communications project, including past, current and future phases.
Bob Geurs, Department of Planning and Economic Development, presented a staff report. He noted that
a lengthy report was distributed earlier on this date. He discussed the police headquarters project that
will be co- located with the Ramsey County Law Enforcement Center and provided background
information as to how this project came to be. There were four reasons for the move; one was the
improved service for co- location between the City and the County. The second reason is the costs
savings that are generated from being able to rehab an existing structure rather than building a new state -
of -the -art leased station. Mr. Geurs presented cost figures and said costs for a new building would have
been approximately between $125.00 and $150.00 per sq. ft. versus the current costs the City will be
getting at about $90.00 per sq. ft. It will allow the police to be able to operate next to the Law
Enforcement Center at a savings of between $5 and 7 -1/2 million.
Mr. Geurs said the project is about 120 days from completion. There are a lot of city departments
working on this project. Move -in will start with the Police Department over the next two months after
completion and then IS employees moving in. It will be an operational campus by December.
In June of 2003, the Council approved acquisition monies for the Car -Lo Building and the Meritex
property. Part of the $1.7 million requires approximately $350,000 in debt financing so Financial
Services has put out an RFP to see if there is a low cost way to finance about $350,000 or more of that
which would be paid back from future employee parking on the lot. The RFP will be brought back to the
Council for consideration.
The cost for the construction and purchase of the three buildings and complete renovation is
approximately $16.1 million which is basically being financed by County bonds that were issued for
$12.2 million; $300,000 in rebates that are eligible under special exemption from the State sales tax and
about $3,600,000 of City money that has gone into the first phase of the project.
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The last thing still under discussion is that the Real Estate Division is working with Meritex on securing
that property by December 4, 2003.
There were questions about future involvement in the project. There is a second phase to the project
which is the Communications Center. The fifth floor of the Griffin Building is built out to accept the
Communications Center. There will be additional discussion with the County as they are working on a
federal grant to try to get funds for the sophisticated equipment that will go in.
Mr. Geurs said they are working on the debt financing instrument to see if they can raise $350,000 or
more and be able to come back with other suggestions on the budget that the Council approved for the
$1.7 million. Also, they have to work to keep the two projects on budget - making minor improvements
to the Specialty Building and making sure that there is a safe, secure surface parking lot for the
employees and the most effective way to get that done.
Councilmember Harris asked Mr. Geurs if he sees anything coming forwarded in the future that is
unbudgeted. Mr. Geurs responded that on the first phase of the project the only exposure that has not
been bid again is completing improvements for the outside of the Car -Lo Building; some requirements
inside for LISP, some at the radio shop, repairs to doors so the specialty vehicles can go in, and some
repairs to the doors. There is a minor exposure but there are still some interest earnings that were found
in the County budget that have not yet been budgeted. The second issue is resolving of the final order
that Real Estate is working on with Meritex to make sure that it comes in as estimated for the budget.
Councilmember Harris said the Council needs to be aware if there is going to be excess dollars from the
$1.7 million because it is capital project money and it has to be allocated back properly. He said when
Meritex is done and the parking lot issue is finished, he would like the Council to see a financial report.
(Blakey left)
Councilmember Lantry asked if the County is expecting that the federal grant they are applying for will
pay for 100% of upgrading the Com Center. Mr. Geurs said it is his understanding that the grant would
be written for up to $14 million. Council President Bostrom further explained that it's a "work in
progress" right now. There are two or three different potentials out there now; a couple of them with $6
million each involved plus the Radio Board has been authorized to issue bonds. They're in the metro
region but it's nearly $20 million worth of bonds. St. Paul and Ramsey Country are the only two
communities that are poised to go ahead and move on this now. It will buy the new dispatch equipment
that ties in with the State infrastructure and also provides the new consoles for dispatching and new
radios for the police cars.
Councilmember Lantry said there is a required match from the city. Council President Bostrom
responded that they do not know at this time because if they go with just the Radio Board funds, they
have been increased up to 50% but that does not take into consideration the other federal and state grants
that are coming to the city that can be used to make up the other 50 percent. The major grant (Radio
Board) has to be submitted by the end of July.
Councilmember Harris suggested that when Mr. Geurs makes his next presentation to the Council that
he talk more in detail about the federal grants, timelines, etc. In a post 9 -11 world, trunk
communications is critical, Harris said.
10. Resolution - 03 -682 - Approving the adjusted mid -year 2003 budget. (Laid over from July 16)
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Councilmember Lantry said that one of the discussions held the previous week was the role of the
Heritage Preservation Commission (HPC) Specialist in LIEP - what the required duties are of that
person besides permit review and how to go about accomplishing that to make sure it occurs. She said
she felt the Council had assurance from the Administration that the HPC person will have the ability to
do what it says in the Code which is to perform activities other than just permit work and there will be a
more permanent solution for the 2004 budget.
Councilmember Benanav responded that he was curious how the administration would do that if they
think it's illegal because the previous week the Council was told that under no circumstances could
permit money be used to do other HPC work.
Councilmember Coleman said he feels they have decided that there is a reasonable interpretation that
can be made that would allow the work to continue especially where there is a conflict between what the
Charter says and what another law says. He thought the Administration felt comfortable moving forward
allowing things to continue as they are and examining more fully what is the best way to fund the
position.
Councilmember Benanav questioned what assurance the Council has that this work will get done
through the end of the year. Council President Bostrom responded that he was assured by Deputy Mayor
Flaherty that this would be handled through the balance of this year and it would be taken up as part of
the budget for 2004.
Councilmember Harris asked for assurance that, under the agreement that's been reached through 2003,
no general fund dollars will be expended. Matt Smith, Director of Financial Services, said it is his
understanding that no additional general fund dollars will be committed to this activity in 2003.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
11. Resolution - 03 -683 - Approving Round 1 of the Local Government Aid adjusted mid -year 2003
budget. (Laid over from July 16)
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
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.
12. Final Adoption - 03 -484 - An ordinance amending the Saint Paul Legislative Code, Appendix F,
District Heating Franchise - District Heating Development Company, and Appendix K, District Energy
Services Franchise, to grant the franchise holder legal authority to use the public right -of -way to install a
fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey.
(Substitute introduced on May 21) (Laid over from July 9)
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 0 Abstention - 1 (Harris) (Blakey not present
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for vote)
13. Second Reading - 03 -685 - An ordinance amending Chapter 9 of the Saint Paul Administrative Code
to be in accordance with Chapter 12 of the Saint Paul City Charter regarding the Department of Fire and
Safety Services.
Laid over to August 6 for third reading /public hearing
14. Second Reading - 03 -686 - An ordinance amending Chapter 55 of the Saint Paul Legislative Code
adopting the new Minnesota State Fire Code with certain amendments to address omissions in the
State's new fire code regarding overcrowding, fire watch and standards of care.
Laid over to August 6 for third reading /public hearing
15. Second Reading - 03 -687 - An ordinance amending Chapter 410 to permit sale of on -sale 3.2 malt
liquor until 2:00 a.m. by those establishments which have obtained a permit from the state.
Laid over to August 6 for third reading /public hearing
16. First Reading - 03 -693 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
create a license to allow a brewpub to sell off -sale as permitted by state law. Laid over to August 6 for
second reading
17. First Reading - 03 -694 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to
create a fee for a brewpub /off -sale license.
Laid over to August 6 for second reading
18. First Reading - 03 -695 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to
increase the transaction fee for pawn shop transactions.
Laid over to August 6 for second reading
Reconsidered Item:
Councilmember Coleman moved to reconsider the following resolution which failed on July 16
Yeas - 6 Nays - 0 (Blakey not present for vote)
Resolution - 03 -684 - Relating to the construction and financing of a new Fire Station No. 8, Department
of Fire and Safety Services.
(Blakey returned)
Councilmember Coleman presented amendments to the resolution and moved approval. He said a
previous concern was the budgeting issue. He had additional discussions with Matt Smith, Director of
Financial Services, and given the overall size and magnitude of the Fire Department budget and the cost
of the yearly lease, it should be able to be absorbed starting in `06. He also had a concern that there is a
need to redevelop or build new stations for Fire Stations 10 and 1. The Administration is fully
committed to go forward with the redevelopment of Fire Station 10 and there are great opportunities for
redevelopment of the existing site. Another concern of Coleman's was that he believes the public safety
building is a very significant structure in the City. It may come to the point where the building cannot be
re -used but before they start going the route of demolition they need to fully understand the opportunity
that is there. A brief discussion ensued.
Reconsidered, amended and adopted
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Yeas - 4 Nays - 3 (Benanav, Blakey, Lantry)
The meeting was recessed from 5:00 - 5:30 p.m.
Roll Call: Present - 5 Absent - 2 (Coleman - excused; Harris - arrived after roll call)
PUBLIC HEARINGS
19. Third Reading - 03 -673 - An ordinance amending interim ordinance C.F. 01 -648, adopted November
20, 2000, approving an exemption from the Arcade moratorium for the Hmong American Partnership's
new building located at 1075 Arcade Street.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing.
Yeas - 5 Nays -0
Laid over to August 6 for final adoption
20. Resolution - 03 -700 - Approving the application of Steve Cerkvenik, Irish Fair of Minnesota, for a
sound level variance to allow outdoor amplified acoustic music on the Great Stairs and the Target Stage
at Harriet Island Park, 157 Water Street West, on August 8, 2003 from 5:00 p.m. to 11:00 p.m., August
9, 2003 from 10:00 a.m. to 11:00 p.m., and August 10, 2003 from 11:00 a.m. to 8:00 p.m.
Bill Gunther, Office of License, Inspections and Environmental Protection (LISP), appeared. He
reported that 40 cards notifying residents and organizations in the Harriet Island Park area of this event
were sent out and no negative responses were received. It is similar to the noise variance that was
granted for the Taste of Minnesota.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
21. Resolution - 03 -629 - Ordering the owner to remove or repair the building at 928 Maryland Avenue
East within fifteen (15) days from adoption of resolution. (Laid over from June 25) (Legislative Hearing
Officer recommends laying over to the August 6, 2003 City Council meeting)
Marcia Moermond, Marcia Moermond, reported that a plan is being worked on to get this building
rehabilitated and the owner has been working extensively with Southern Minnesota Regional Legal
Services to do this. Since the last Legislative Hearing she has paid the real estate taxes that were due and
owing, she has had a code compliance inspection completed, paid the vacant building fees, settled the
citation for not having paid the vacant building fees and has started to work with "House Calls." The
property owner will need on -going services if she is going to be living on her own in the community.
The bond still needs to be posted and Ms. Moermond has asked the owner to put together a work
program with the non -profit agencies that are helping her to show how she is going to achieve
completion of all the items on the Code Compliance inspection and to put together an agreement with a
non -profit organization to get on -going care in her home.
Councilmember Lantry moved to lay over to August 6.
Laid over to August 6, 2003 Yeas - 6 Nays - 0
22. Resolution - 03 -696 - Ordering the owner to remove or repair the building at 837 4th Street East
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is
forthcoming)
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Marcia Moermond, Legislative Hearing Officer, said she has asked that the owner complete a number of
things. As of this date she has had the code compliance inspection, and she has received financial
assistance from her brother who came to the Legislative Hearing and showed that he has the financial
capacity to do the rehab in its entirety. She has sought an attorney's advice and is proceeding to have the
property go through probate. The due and owing real estate taxes have been paid. Ms. Moermond
recommended the Council grant the owner several weeks to complete what is required of her.
Councilmember Lantry moved to lay over to the August 12 Legislative Hearing and the August 27 City
Council meeting (per the recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays -0
23. Resolution - 03 -697 - Ordering the owner to remove or repair the building at 1819 Sheridan Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Marcia Moermond, Legislative Hearing Officer, told the Council that this property is owned 51% by the
owner, who is indigent and living in a nursing home, and 49% by the State of Minnesota as a part of
financing the nursing home costs. The real estate taxes are due and owing, the building has been
condemned and is suffering from structural damage. The step- daughter of the owner attended the
Legislative Hearing and was looking for what options could be pursued for rehabilitating the house and
bring it back into compliance. She has power of attorney for her step- mother's affairs but not for the
house. Due to the many problems with the house, they are no longer interested in rehabbing it and are
willing to have it demolished.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
24. Resolution Ratifying Assessment - 03 -674 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the month of February, 2003, for property
at 1004 Bush Avenue (J0302AA) (Laid over from July 2, 2003) (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
25. Resolution Ratifying Assessment - 03 -698 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the month of March, 2003 for property at
595 Edmund Avenue (J0303A1) and 422 Jessamine Avenue East (J0303A3) (Laid over from June 25)
(Legislative Hearing Officer recommends the following:
595 Edmund Avenue - Reducing the assessment from $297.00 to $152.00 plus the $45.00 administrative
fees for a total assessment of $197.00;
422 Jessamine Avenue East - Approval of the assessment)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval
as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays -0
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26. Resolution Ratifying Assessment - 03 -699 - In the matter of the assessment of benefits, cost and
expenses for providing weekly garbage hauling service for the first quarter of 2003 (J03TRASHIQ), and
summary abatements (property clean -up) for part of April of 2003 (J0304A).
(Legislative Hearing Officer recommends the following:
483 Arlington Avenue East (J0304A) - Approval of the assessment;
104 Larpenteur Avenue West (J03TRASHIQ) - Reducing the assessment from $120.00 to $50.00 plus
the $20.00 service fee for a total assessment of $70.00;
106 Manitoba Avenue - (J0304A) - Approval of the assessment;
876 Rice Street (J0304A) - Approval of the assessment;
1094 Ross Avenue (J0304A) - 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 - 6 Nays -0
27. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held
by Cab's Pub & Eatery, Inc. 992 Arcade Street.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LISP), presented a staff report. At issue in this case was an alleged violation
of displaying consumption of alcohol after hours at Cab's Pub & Eatery based upon a police report
indicating that the police had gone in after 1:30 and found people inside with drinks on the bar. The ALJ
report indicates that the Office of LISP did prove the violation and Ms. Palmer asked that the Council
adopt the findings and recommendation for payment of a fine. At the time of the hearing, Ms. Palmer
said a request was made by LIEP staff for payment of the cost of the hearing and she renewed that
request even though the ALJ found that this was not arbitrary or pursued in bad faith. Ms. Palmer said
this was based upon the testimony of two police officers that they had gone into this establishment well
after 1:30 a.m. and that prior to the hearing Ms. Palmer played the communications tape from the Police
Department for the manager which clearly indicated that the time in question was after 1:30. The only
issue at the hearing was whether or not the police correctly testified that they were going in after 1:30 to
an establishment. Ms. Palmer said to her that is a frivolous hearing and she feels the request for payment
of the hearing costs is appropriate.
John McGrew, General Manager of Cab's, appeared. He said he and his staff went into the ALJ hearing
arguing just over seven minutes. They went in without counsel and tried to fight it because at the time he
thought he was right. According to the ALJ, the city proved their point. The judge suggested that Cab's
should not pay for the hearing because she determined it was not frivolous. He felt a $500 fine was too
steep since they have been violation free for nine years and he did not feel any penalty was warranted.
Councilmember Reiter moved to close the public hearing Yeas - 6 Nays - 0.
Councilmember Lantry moved to adopt the Findings of Fact, Conclusions of Law and Recommendation
of the Administrative Law Judge ($500 fine imposed plus payment of one -half of the Administrative
Law Judge Hearing fees) Yeas - 6 Nays - 0
28. Public hearing to consider the report of the Administrative Law Judge regarding the renewal
application for a Saint Paul Taxicab Driver's License by James P. Rejsa.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP), presented a staff report. Mr. Rejsa was renewing his taxicab driver's
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license when it came to light that he had a conviction that city staff had not caught the first time around.
At that time, he was sent a notice that because it was a felony conviction he was not eligible for a
taxicab license under St. Paul City Ordinance. The ALJ heard testimony and made a recommendation
that the application be denied feeling that there was not enough evidence of rehabilitation.
Councilmember Lantry asked Ms. Palmer about the State Statute that pertains to demonstrating
rehabilitation. Ms. Palmer referred to the Statute and read what the requirements are. She said that Mr.
Rejsa has been on administrative probation for sometime which means he has been discharged from
supervised probation. She noted that Mr. Rejsa's employer accompanied him to the hearing and that he
has never appeared with any of his drivers before.
The ALJ reviewed the type of crime this involved - a felony drug possession - and talked about the
circumstances. Mr. Rejsa did show some circumstances of rehabilitation but apparently the ALJ did not
feel it was sufficient.
Council President Bostrom asked when Mr. Rejsa would be eligible for a license. Ms. Palmer responded
that under the ordinance it says five years but because of the State Statute, any time that he can satisfy
the Council that he is able to drive safely, that he has been rehabilitated, he would be eligible for a
license.
Mr. Rejsa, the applicant, appeared. He said has been driving a cab for 16 months as he got his license on
March 25, 2002. He said he didn't know what more he could do to prove that he has been rehabilitated.
He's on probation and any kind of conviction would send him back to prison. He said his life is getting
back on track due to driving the cab and how much he likes his job.
Mike Breckman, Manager of ST. Paul Yellow Taxi, appeared. He has been the manager for over 12
years. He said he is in the business of hiring quality drivers and he feels Jim Rejsa is a quality driver. He
has been working for him for 15 months and has been at work every day.
Mr. Breckman referenced Number 5 of the ALJ report saying that he felt it was inaccurate in two
respects; he concurred that Mr. Rejsa was convicted of a very serious crime and spent eight months in
prison for it but based on his performance as a taxi driver, he said he has shown real rehabilitation.
Councilmember Lantry asked Mr. Rejsa when he originally filled out the application for the taxicab
driver license if he indicated he was convicted of a crime. Mr. Rejsa responded that the question was
never asked. He got a copy of his criminal history from the BCA, took it to the Licensing Office, paid
his fee, and a provisional license was issued. After that, he took a class and was sent a permanent
license. When he went to renew it a year later, he was told that under the city ordinance he would not be
allowed to renew it due to his conviction.
Councilmember Blakey moved to close the public hearing. Yeas - 6 Nays - 0
Extensive discussion ensued and Councilmembers Benanav and Reiter both felt Mr. Rejsa should be
given a chance to prove himself.
Councilmember Lantry moved to adopt the Findings of Fact, Conclusions of Law and Recommendation
of the Administrative Law Judge and deny the application.
Yeas - 4 Nays - 2 (Benanav, Reiter)
29. Public hearing to consider the appeal of Mark Moser to a decision of the Board of Zoning Appeals
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granting two variances in order to construct a new single family home on the southeast corner of
Gotzian and East Third Streets.
John Hardwick, Office of License, Inspections and Environmental Protection (LISP), presented a staff
report. Mr. Bill Fasbender is the contract purchaser of the vacant lot located at the southeast corner of
Gotzian and East Third Streets. He applied for two variances in order to build a single family house with
an attached garage. He requested a seven foot front yard set -back variance and a ten foot rear yard set-
back variance. A public hearing was held before the Board of Zoning Appeals (BZA) on this request and
staff recommended approval of the variances. The Board heard testimony from the applicant and from
four area property owners who oppose the variance. A recommendation was not received from District 4
at the time but after the public hearing they resolved to approve the variances finding that the property
could not be put to a reasonable use without a variance, that the unique shape of the lot constitutes a
hardship, and that the proposed variances are in keeping with the spirit and intent of the code. Mr.
Moser, the appellant, then filed his appeal based on the reasons provided to the Council in writing.
District 4 also submitted a letter in support of the appeal.
Mark Moser, the appellant, 489 Johnson Parkway, appeared. He said it was his belief and the belief of
all the neighbors present that the variances should have been denied based on the city's own guidelines.
There is an issue of safety with traffic going east on Third Street that turns onto Gotzian. In icy
conditions, vehicles have spun out and onto this property. A house there could present a problem. The
visibility is also limited at that point due to a hill when coming from the west. Putting another building
there would further reduce visibility at that intersection. The lot is presently used for dumping snow and
he questioned if it would affect snowplowing. Those in opposition further feel that the home will not fit
the character of the neighborhood.
The resident at 1272 East Third Street, appeared and said he did not feel enough questions were asked
by the Zoning Board as to what kind of house would be built on this property whereas many questions
were asked about properties in other areas such as Highland Park. He noted that the owner of the
adjacent property, who just recently moved in, thought the piece of land in question belonged to him.
Further, no one ever thought that a house could be built on that property.
Cheryl Tam, 509 Gotzian, (directly across from this property) appeared. She said the property had been
maintained up until it was purchased but it was not now being maintained.
Bill Fasbender, resident of Apple Valley and owner of the property, appeared. He said he and his wife
purchased this property about three weeks prior to this date. They worked with Mr. Hardwick to plan
what size house they could put on the lot. The minimum size house that the City of St. Paul allows a
person to build is 22' x 22' and they tried to position it on the lot as squarely and firmly as possible. The
house would be a two -story structure with a one -car attached garage and 1100 square feet. The appraisal
value is $192,000. He responded to some of the concerns on the petition saying that the lot itself has
been vacant for a long time. One of the concerns of the city with the lot being vacant is maintenance of it
and by putting a house there, that problem will be solved. He did not feel the issue of where the city
would dump snow was a valid concern. He felt the house would blend into the neighborhood and the
value is consistent with other homes in the area. The size of the lot meets the city's requirements for a
structure but the angle of the lot makes it difficult to build a "normal" house. He did not feel visibility
would be impaired or safety an issue by moving the house seven feet forward.
Mr. Fasbender said one of the concerns of the adjacent property owner is that the house would be less
than seven feet between the houses. The city requires that Mr. Moser's house be four feet off the lot line
which is what it will be.
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The utility pole in the neighborhood was also raised as an issue and Mr. Moser said they have not talked
about any requirement to move any utility poles, light poles, etc.
Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Lantry moved to grant the appeal finding that the BZA erred in a couple of different
instances; specifically the plight of the land owner are due to circumstances unique to this property. The
lot is about 2800 sq. ft. and one would never believe a house would fit on the lot. It's a small lot and Mr.
Fasbender knew that when he bought it. The other area she felt the BZA erred is where they indicated
that "the proposed variance is in keeping with the spirit and intent of the Code and is consistent with the
safety of the City of St. Paul." Lantry disputed this saying it is not a safe area.
Motion of Intent - Appeal granted Yeas - 6 Nays - 0
30. Public hearing to consider the application of Eastside Neighborhood Development Co. and Mary
Morelli to rezone property from RT -1 (Two Family Residential District) to B -2 (Community Business
District) to permit retail uses, offices and residential uses at 565 and 573 Payne Avenue, northwest
corner of Hopkins Street.
Penelope Simison, Department of Planning and Economic Development, presented a staff report. This
matter involved a zoning change at the corner of Payne Avenue and Hopkins Street. The Eastside
Neighborhood Development Company and Mary Morelli have requested a zone change in order to put
in a retail establishment and offices in two existing buildings; one a commercial building and one a
single family house. The applicants propose to have retail on the ground floor and residential apartments
on the second floor. A third structure that is part of the application is an existing single family house that
would be demolished to provide parking for all of the business that would be located in the renovated
buildings. The structure in question has historically been a commercial building; however, most recently
it has been used for residential uses.
Ms. Simison said the applicants have proposed to put in appropriate landscaping including in the
parking lot area.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and grant the
application.
Motion of Intent - Application granted Yeas - 6 Nays - 0
31. Public hearing to consider the application of Thomas DeLisle to rezone property from OS -1 (Local
Office Service District) to B -1 (Local Business District) to permit a grocery /deli and residential units at
1236 East 7th Street, southwest corner of Atlantic Street.
Penelope Simison, Department of Planning and Economic Development, presented a staff report. The
change requested in this application is from one commercial zone to another. The B -1 zone permits uses
that satisfy basic convenience shopping for adjacent residential neighborhood. The applicant proposes to
put in a small market and a deli which would be for take -out only between the hours of 9:00 a.m. and
8:00 p.m. The applicant is a real estate agent who has indicated he has a prospective owner who has
agreed to buy the property contingent upon receiving appropriate zoning for the business they wish to
operate. The prospective owners have also indicated that they intend to live in the apartment which is on
the second floor of the building.
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Ms. Simison said the request is consistent with the Comprehensive Plan.
Mary Denton, 1199 East 7th Street, approximately one block west of the property, appeared in
opposition. She has lived there for four years, this property has been vacant all that time, and she is
eager to see it get back in use. However, the neighbors have concerns about potential trash and lack of
parking that she wanted the Council to take into account.
Yer Yiong Lee, the prospective operator of the grocery /deli appeared and said she would insure that the
property was kept clean and she did not anticipate problems with parking as there is parking behind the
building and she also did not expect excess traffic.
Councilmember Lantry moved to close the public hearing; Yeas - 6 Nays - 0.
Councilmember Lantry acknowledged that Ms. Lee is a business owner who could be an asset to a
neighborhood. However, she said the problem she has always had with rezonings is that they are
permanent. This property is set up for OS -1 so it's not a very intense use. She did see a problem with
parking and she noted that there is no way to guarantee that the applicant will live in the upper level of
the building.
Ms. Lantry said she found errors in the Planning Commission's resolution and moved to deny the
rezoning based on Finding No. 2 which says that the B -1 zoning is compatible and consistent with the
proposed use of the site. It is primarily residential, Lantry said. There are two convenience stores within
blocks of this property so she questioned whether providing the convenience of shopping doesn't
already exist in the neighborhood.
Councilmember Reiter said if the property has been vacant for four years and someone is willing to open
a business there, he felt it should be allowed.
Councilmember Blakey concurred with Reiter saying he felt the application should be granted.
Motion of Intent - Application Denied Yeas - 4 Nays - 2 (Blakey, Reiter)
32. Public hearing to consider the application of Mike Kelly to rezone property from
R -4 (one - family residential) to B -2 (community business) at 268 Cleveland Avenue South (at Berkley
one block south of St. Clair).
Allen Lovejoy, Department of Planning and Economic Development, presented a staff report. He said
that the applicant, Mike Kelly, is a business person in the St. Clair and Cleveland area. He would like to
take a single family home, which he owns and is adjacent to commercial property, demolish it and build
a combination of residential and commercial. Mr. Lovejoy said he had to take the B -2 specific because
in the course of discussions, Mr. Kelly's representatives have shown some flexibility in terms of the
specific use that it might be put to but it would be primarily residential and possibly with some
commercial.
Mr. Lovejoy said there were two sets of issues that came up with this project: one was the rezoning and
the permanent nature of that, and the relationship of the B -2 to the surrounding R -4 zoning. There were
also lots of issues about the size of the building so if this project were to go forward, the Planning
Commission has already requested that the site plan submitted to the Office of LIEP also be reviewed by
the Planning Commission.
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Ron Buelow, architect with The Associated Architects, representing Mike Kelly, appeared. He said the
original drawings that were presented to the Zoning Committee showed seven residential units and a
first floor level of 50% commercial and a parking garage for eight cars to support the residential. There
has been some concern from neighbors and their request was to consider all residential. They have
looked into that feasibility and are prepared to make it all residential. Recent plans show six town house
units with no commercial. The issue with that is that B -2 zoning requires 50% of the first floor to be
commercial. In talking with staff from Planning, they have two options to pursue to have make it
entirely residential: 1) to request a conditional use permit, and 2) to have the property considered as one
property since it's all under one ownership because if it's considered as one element it would meet the
requirements of more than 50% commercial.
Councilmember Blakey quested Mr. Buelow if any variances were requested. He responded that he was
not sure at this time. In the previous submission, it appeared they were going to ask for a variance for
four parking stalls. Looking at it as all residential, it appears there would be no need for any variances
for parking and it's a similar situation on the height.
In response to a question of Councilmember Lantry, Mr. Buelow said even for all residential the zoning
would have to be changed because the parcel they are requesting to be rezoned is only 40 feet wide. The
zoning as requested is still needed in order to have it built as a mixed -use project with the existing
commercial and the proposed residential.
Councilmember Benanav pointed out that what was before the Planning Commission was the
commercial as well as the residential. He questioned how the Council would handle it now.
Councilmember Harris clarified that what the Council is deciding is a B -2 zoning matter. Under the new
proposal brought forward at this time, the applicant could go for a different type of zoning to get that
type of project done. At this time, he said the Council should only be dealing with the B -2 zoning.
Mr. Buelow responded that in looking at the current zoning issues only B -2 would work for them.
Appearing in opposition were:
Pat Manion, 2091 Berkley,
Sarah Schaleger, 2052 Berkley
Leslie Shore
Karen Anderson, 2036 Berkley
Patrick Quinn, Executive Director of School Services for Saint Paul Public Schools
Resident, 2039 Berkley
Resident, 2010 Berkley
Lisa Hayday, 2112 Berkley
Councilmember Harris moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Harris said he agrees with the speakers that this is a neighborhood issue as it's a
neighborhood /residential area and is not a business area like Grand Avenue, closer to Ford Parkway, or
other parts of the city, and he believes in preserving the quality of the neighborhood. Going B -2 zoning,
down with the SCUP, is a deep concern of his, Harris said, in terms of the future of the property. He said
he would prefer an analysis of doing some sort of R -T up with the SCUP and he felt the neighborhood
would appreciate being involved in that process. Most of the neighbors are not opposed to development
on that property but they are opposed to development which is inconsistent with the character of the
neighborhood.
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Motion of Intent - Application Denied Yeas - 6 Nays - 0
Councilmember Lantry moved to adjourn the meeting.
ADJOURNED AT 7:25 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson
Assistant Council Secretary
mce
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