Agenda 2-4-2004Page 1 of 17
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
and the
AD HOC LEGISLATIVE AGENDA
COMMITTEE MEETINGS
Wednesday, February 4, 2004 - 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
• Ad Hoc Legislative Agenda Committee Meetings
The meeting was called to order by Council President Bostrom at 3:40 p.m.
Present - 7 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 0
CONSENT AGENDA (Items I - 28)
Councilmember Helgen requested items 6 and 15 be removed for discussion.
Ccilmember Lantry moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
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1. Claim of Bertha Johnson.
Referred to the Risk Management Division
2. Summons and Complaints (5) in the matter of Clear Channel Outdoor, Inc. v. the City of Saint Paul.
Referred to the City Attorney's Office
3. Letter from the Real Estate Division announcing a public hearing before the City Council on February
25, 2004, to consider the petition of Wilder Foundation to vacate city street right -of -way on Livingston
Avenue near George Street in Saint Paul to facilitate the Wilder Foundation's efforts to re -plat their
Rarig Campus.
4. Administrative Orders:
D002358 Extending the contract completion date for the Wyoming- Concord - Atlantic Sanitary Sewer
project No. 02 -S -1921 from November 29, 2002 to May 28, 2003.
D002359 Authorizing the Department of Fire and Safety Services to pay for stipend costs for teachers
attending a training workshop on Risk Watch injury prevention curriculum.
D002360 Authorizing the Department of Fire and Safety Services to pay for all costs to hold eight
teacher training workshops for Risk Watch injury prevention curriculum.
Noted as on file in the City Clerk's Office
FOR ACTION
5. Approval of minutes of December 17 and 23, 2003.
Adopted Yeas - 7 Nays - 0
6. (Discussed after the consent agenda).
7. Resolution - 04 -87 - Approving the Labor Agreement between the City of Saint Paul and the District
Lodge No. 77, International Association of Machinists and Aerospace Workers, AFL -CIO, for January
1, 2004 through December 31, 2005. (To be laid over one week for adoption)
Laid over to February 11 for adoption Yeas - 7 Nays - 0
8. Resolution - 04 -88 - Approving the Agreement between Independent School District 4625, District
Lodge No. 77, International Association of Machinists and Aerospace Workers, AFL -CIO and
Minnesota Teamsters Local No. 320, representing Nutrition Services Personnel. (To be laid over one
week for adoption)
Laid over to February 11 for adoption Yeas - 7 Nays - 0
9. Resolution - 04 -89 - Approving the appointment of Imam Jaafar- Mohammad as Legislative Aide to
Councilmember Montgomery, Ward 1.
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Adopted Yeas - 7 Nays - 0
10. Resolution - 04 -90 - Approving the appointment of Renee Tyler as Legislative Aide to
Councilmember Montgomery, Ward 1.
Adopted Yeas - 7 Nays - 0
11. Resolution - 04 -91 - Authorizing the City to accept donations from various sponsors for the Winter
Carnival Mayoral Reception.
Adopted Yeas - 7 Nays - 0
12. Resolution - 04 -92 - Adopting findings of fact related to demolition of buildings located in the
proposed future Westminster Junction Business Center tax increment financing district.
Adopted Yeas - 7 Nays - 0
13. Resolution - 04 -93 - Approving the use of Neighborhood STAR Investment Initiative funds for
parking at White Bear and Minnehaha Avenues.
Adopted Yeas - 7 Nays - 0
14. Resolution - 04 -94 - Supporting fair housing enforcement services.
Adopted Yeas - 7 Nays - 0
15. (Discussed after the consent agenda).
16. Resolution - 04 -96 - Releasing a water utility easement and dedicating a permanent water utility
easement across the El Rio Vista Recreation site.
Adopted Yeas - 7 Nays - 0
17. Resolution - 04 -97 - Waiving the 45 -day notice requirement for an On -Sale Liquor, Sunday On -Sale
Liquor and 2:00 a.m. closing license issued to Cherry's Minnehaha Tavern, Inc. d /b /a Minnehaha
Tavern, 735 White Bear Avenue.
Adopted Yeas - 7 Nays - 0
18. Resolution - 04 -98 - Suspending the tree trimmer license held by Larry James Duffney, dba Trees
and More, 2726 17th Avenue East, 433, North Saint Paul pending payment of all delinquent license fees
and any late charges or penalties.
Adopted Yeas - 7 Nays - 0
19. Resolution - 04 -99 - Approving the application, per the Legislative Hearing Officer, for Liquor On
Sale - Over 100 Seats, Liquor On -Sale - Sunday, and Restaurant - More than 12 Seats by D & N Inc.,
dba Mai Village Restaurant, 394 University Avenue West.
Adopted Yeas - 7 Nays - 0
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20. Resolution - 04 -100 - Imposing a stayed ten -day suspension and a fine of $1,000 against the licenses
held by Mohammed Shams Eshmawy, Inc., dba East Lake Auto, 2121 University Avenue West.
Adopted Yeas - 7 Nays - 0
21. Resolution - 04 -101 - Imposing a $1,000 fine and a 10 -day suspension of the Auto Repair Garage
License held by Heartland Auto Sales, Inc., 1236 Arcade Street, for violation of several conditions of the
license.
Adopted Yeas - 7 Nays - 0
22. Resolution - 04 -102 - Memorializing City Council action taken November 19, 2003, denying the
appeal of Saint Paul Development Corporation to a decision of the Planning Commission upholding the
Zoning Administrator's denial of a site plan to reorganize the layout of an existing parking lot and create
an access from the parking lot to an adjacent alley at 452 Selby Avenue.
Adopted Yeas - 7 Nays - 0
23. Resolution - 04 -103 - Memorializing City Council action taken January 14, 2004, approving the
application of Vincent Reiter for a combined plat to create two I -2 industrial parcels at 240 Sycamore
Street between Rice and BNSF Railroad.
Adopted Yeas - 7 Nays - 0
24. Resolution - 04 -104 - Extending the Sun Ray- Suburban interim control ordinance for six (6) months,
or until zoning changes in the 40 -acre study are adopted.
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 04 -105 - In the matter of improving various streets by constructing a new
bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and outwalks,
boulevard sodding, tree planting, construction of a lantern -style lighting system, and all other work
necessary to complete said improvements as part of the Case /Ruth Street Paving and Lighting Project,
and setting date of public hearing for February 25, 2004 (File 418997).
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 04 -106 - In the matter of the construction of sidewalk repair and /or the repair of
sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in
conjunction with the Case /Ruth Street Paving and Lighting Project, and setting date of public hearing
for February 25, 2004 (File 418997C).
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 04 -107 - In the matter of improving various streets by constructing a new
bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and outwalks,
boulevard sodding, tree planting, construction of a lantern -style lighting system, and doing all other
work necessary to complete said improvements as part of the Edmund /Galtier Street Paving and
Lighting Project, and setting date of public hearing for February 25, 2004 (File 418996).
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Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 04 -108 - In the matter of the construction of sidewalk repair and /or the repair of
sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in
conjunction with the Edmund /Galtier Street Paving and Lighting Project and, setting date of public
hearing for February 25, 2004 (File 418996C)
Adopted Yeas - 7 Nays - 0
6. Resolution - 04 -86 - Approving the 2004 Saint Paul- Ramsey County Department of Public Health
Work Plan.
Councilmember Helgen complimented the staff at the Health Department and asked for an overview of
the report. Rob Fulton, Saint Paul- Ramsey County Department of Public Health, stated that the
Community Health Assessment shows the health of the community. Overall, the area gets high marks.
However, the highest rates of issues like uninsurance, infant mortality and teen pregnancy are with
minority groups. Those issues will be looked at by staff over the next year. Another new area of study is
air quality. Both the state and federal programs with air quality have been reduced and the City /County
Health department is looking into what can be done with these issues.
Councilmember Helgen moved approval. Adopted Yeas - 7 Nays - 0
15. Resolution - 04 -95 - Giving Preliminary Approval to the Office of Financial Services for the
issuance of bonds, including: $19,000,000 GO Capital Improvement; $2,500,000 GO Street
Improvement Special Assessment; $4,000,000 GO Temporary Tax Increment; $12,400,000 GO Library
Agency; and $6,300,000 Sewer Revenue.
Todd Hurley, Office of Financial Services, Treasury Section, stated this resolution was for staff and
informational purposes. The sale of these bonds would need another resolution and approval by the
Council. Of the mentioned bonds in the resolution, the dates for the sale of bonds are March 10 and
March 24.
Councilmember Helgen stated that this issue had been raised with regard to budget and other issues.
Councilmember Harris stated that with regard to the bond sale for capital improvements for
$19,000,000, the Council needs to decide what the funding would be utilized to do. Mr. Hurley said that
bond counsel has indicated that the City can sell $19,000,000 and leave a $1.4 million unspecified
capital improvement in the official statement. The rating agencies, however, would like to have an
identified capital improvement project in the official statement. If nothing is ready for funding, the bond
sale can be reduced up to two weeks prior to the sale.
Councilmember Harris questioned whether this was the proper message to send and retain the AAA
rating that the City currently enjoys. Council President Bostrom stated that the new communications
center for the Saint Paul Police Department was the possible recipient of these bonds.
Mr. Hurley reiterated that the amounts listed in the resolution were approximate and what staff is
working towards. Councilmember Harris suggested that the Administration needs to propose an
expenditure for the unspecified funds soon.
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Councilmember Montgomery moved approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
FOR DISCUSSION
29. Report from Marcia Moermond, Legislative Hearing Officer, regarding the progress of rehabilitation
on the buildings at 837 4th Street East. (Laid over from December 10).
Councilmember Lantry moved a two week layover.
Laid over to February 18 Yeas - 7 Nays - 0
30. Resolution - 04 -77 - Adopting the Summary of the Merriam Park Community Plan as an Addendum
to The Saint Paul Comprehensive Plan. (Laid over from January 28).
Councilmember Benanav distributed an amendment to the Merriam Park Community Plan as a
compromise to the issues that were discussed at the January 28 City Council meeting. This amendment
inserts the amendment that the Merriam Park Community Council requested but notes that the
Transportation Policy of the City is differing on the issue of Ayd Mill Road. On the issue of Mississippi
River Boulevard, the Community Council's original language was inserted.
Donna Drummond, Department of Planning and Economic Development, stated that this had been done
in the past and there have been differences in other neighborhood plans with city -wide policy.
Councilmember Benanav stated that this would give a voice to the residents of this neighborhood.
Clearly, any decisions made with regard to Ayd Mill Road will not be based on any one group's
position, but this allows the Merriam Park Community Council's position on this issue. It is simply
recognizing their voice on this issue.
Upon question of Councilmember Harris, Ms. Drummond stated when the initial round of district plans
was completed, there were box comments in the Comprehensive Plan on issues where the community's
position differed from citywide policy.
Councilmember Benanav moved approval of the resolution and the plan as amended.
Adopted (an amendment was made to the summary) Yeas - 6 Nays - 1 (Harris)
31. Resolution - 03 -733 - Ordering the owner to remove or repair the building at 512 Beaumont Street
within fifteen (15) days from adoption of resolution. (Laid over from August 6, 2003) (Legislative
Hearing Officer recommends granting the owner 180 days to rehabilitate the property)
Marcia Moermond, Legislative Hearing Officer, stated that this resolution had been laid over
approximately six months ago. The owner has made significant progress in the rehabilitation of the
property. The Office of License, Inspections and Environmental Protection (LISP) has granted an 180
day extension on the performance bond. Ms. Moermond recommended that the Council approve the
resolution.
Councilmember Thune moved approval as amended.
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Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
32. Final Adoption - 03 -1002 - An ordinance amending Chapters 33 and 34 of the Saint Paul Legislative
Code to establish requirements for student dwellings including Certificate of Occupancy inspections and
the installation of hard wired smoke detectors. (Laid over from January 7)
Councilmember Benanav stated that the issue of student housing has been a concern for some time in his
ward. The reason for laying over the related ordinances is that there have been discussions with Andy
Dawkins, Director of the Neighborhood Housing and Property Improvement Department, and a new
rental registration and problem property ordinance has been adopted.
Councilmember Benanav explained that he was working with Mr. Dawkins to determine whether these
ordinances would deal with some of the issues that are unique to student housing. If concerns are not
met, then these ordinances can be brought back.
Councilmember Benanav moved to layover to November
Laid over to November 3 Yeas - 7 Nays - 0
33. Final Adoption - 03 -1052 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
pertaining to housing and inspections by establishing a certificate of occupancy requirement for a new
class of occupancy to be known as student housing and providing for the inspection, renewal and
enforcement of such certificates for student housing by the City's Fire Marshall. (Laid over from
January 21)
Councilmember Benanav moved to layover to November 3.
Laid over to November 3 Yeas - 7 Nays - 0
34. Final Adoption - 03 -1053 - An ordinance amending Chapter 58 of the Saint Paul Legislative Code
pertaining to hard wired smoke detectors by providing for the installation of hard wired smoke detectors
in student housing, as that occupancy is defined in Chapter 33 of the code, and as required in Chapter 34
of the code. (Laid over from January 21)
Councilmember Benanav moved to layover to November 3.
Laid over to November 3 Yeas - 7 Nays - 0
35. Final Adoption - 03 -1054 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code
pertaining to minimum housing maintenance standards and inspections and for the purpose of
safeguarding life and property by establishing a smoke detector requirement for student housing
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occupancies pursuant to Minn. Stat. §299F.011, Subd. 4. (Laid over from January 21)
Councilmember Benanav moved to layover to November 3.
Laid over to November 3 Yeas - 7 Nays - 0
36. First Reading - 04 -109 - An ordinance authorizing the issuance of bonds for the Saint Paul Public
Library Agency.
Laid over to February 11 for second reading
37. First Reading - 04 -110 - An ordinance amending the interim ordinance adopted in Council File No.
02 -1115 (as amended) preserving the status quo with respect to the use of property in the Sun Ray -
Suburban area, by adding an additional six (6) months to the regulatory duration of the said ordinance.
Laid over to February 11 for second reading
38. First Reading - 04 -111 - An ordinance memorializing City Council action approving the rezoning of
property at the southeast corner of Marshall and Western Avenues from P -1 (Parking) to RM -2
(Multiple Family Residential). (Public hearing held January 7)
Laid over to February 11 for second reading
39. First Reading - 04 -112 - An ordinance establishing an Examining Committee for the position of
Police Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter.
Laid over to February 11 for second reading
At this time the City Council convened as the Ad Hoc Legislative Agenda Committee.
AGENDA
1. Establishing the Work Program for the Committee.
The Work Program was established. The Committee will convene February 18, 2004 and will meet
regularly the first Wednesday of each month, 2:00 - 3:00 p.m. in the Council Chambers. Councilmember
Lee Helgen will be chairing the Committee.
Summary Minutes
Ad Hoc Legislative Agenda Committee
of the Saint Paul City Council
(Following reading of the ordinances)
The meeting was called to order by Council President Bostrom.
Present: Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune,
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Greg Blees, Marcia Moermond, Racquel Naylor, and Ken Smith, Council Research staff.
Council President Bostrom named Councilmember Lee Helgen as Chair of the Ad Hoc Legislative
Agenda Committee.
Councilmember Helgen chaired the meeting.
Marcia Moermond, Council Research staff, reviewed the materials distributed to Committee members
preceding the meeting including: The City of Saint Paul 2004 Capital Budget Requests bound document,
and the document entitled: Federal Priorities, The City of St. Paul, Minnesota, 108th Congress, First
Session. Ms. Moermond reviewed the proposed schedule recommended by the City Council at their
January 28, 2004 Organization Meeting which recommended that the Ad Hoc Legislative Agenda
Committee is to meet on the first Wednesday of each month from 2:00 p.m. to 3:00 p.m. Ms. Moermond
recommended that a second meeting could be added each month, as committee business requires. She
suggested the committee consider February 18, 2004, as the second meeting in February, following the
City Council meeting, to review key items.
Chair Helgen received consensus for a second meeting in February to be scheduled for February 18,
2004, following the Council meeting.
Marcia Moermond announced that Ken Smith, Policy Analyst, Council Research, would provide staff
support, and that Donna Sanders, Council Research, would serve as the committee's recording secretary.
Chair Helgen said the Committee should begin with reviewing the City's Legislative Agenda and asked
for additional input.
Councilmember Lantry recommended that Nancy Haas, Director of Intergovernmental Affairs, Mayor's
Office, be invited to review the City's legislative package at the Committee's February 18 meeting, and
that she be requested to be in attendance at all Committee meetings to ensure good communication
between the Council and the Mayor's Office.
Ken Smith, Council Research, said that he has spoken with Ms. Haas who has said that she cannot
guarantee her attendance at all Committee meetings but will be in attendance when she's able.
Councilmember Lantry asked that Ms. Haas be requested to designate an alternate when she is unable to
attend.
Chair Helgen offered that key staff could be invited to speak to specific issues and recommended that
Dennis Flaherty be invited to the stadium discussion. He asked the Committee to consider how it can
work with the City's lobbyist and when special issues come up how the Committee can divide its time to
divide its workload.
Councilmember Thune said the Committee should work towards developing an opinion on the various
issues.
Chair Helgen recommended that the Committee invite experts to address specific issues.
Councilmember Lantry addressed the business of the February 18 meeting. If Ms. Haas expects to be
unable to attend then she should be requested to submit a review of the legislative package in writing
including how she intends to proceed, and what she sees the Council needs help on. Lantry
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recommended the Committee select one or two other items to address possibly including the stadium as
well as looking at the Municipal Regulation.
Councilmember Benanav said he was comfortable with this approach. However, he said he expects it to
be a short legislative session and the Committee needs to recognize that and accommodate additional
monthly meetings as needed.
Chair Helgen said the agenda should include items for New Business and Old Business.
Councilmember Lantry asked that the meeting notification period be considered in the Committee
scheduling.
Ms. Moermond summarized that the Committee's intention at their February 18 meeting is to review the
City's Legislative Package, how it is progressing. and address the stadium. She outlined that the March
3 Committee agenda might include the Taxpayer Bill of Rights Legislation (TaBOR) coupled with the
Municipal Regulations (e.g. billboards) - Association for Reasonable Municipal Regulation.
Chair Helgen added that the Federal Priorities could also be considered for the March 3 agenda.
Greg Blees, Director, Council Research, asked the Committee for direction regarding location of future
Committee meetings and whether or not they should be cablecast. Meetings are not cablecast that are
held in Committee Room 330, but they are cablecast when held in the Council Chambers. After a brief
discussion, it was decided that the Committee would meet in the Council Chambers and the meetings
will be cablecast.
Chair Helgen established his interest in inviting experts to speak to the issues of the Committee, albeit in
a time - limited capacity.
Meeting adjourned at 4:23 p.m.
The meeting was recessed from 4:23 p.m. to 5:32 p.m.
Present - 7 (Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune)
Absent - 0
PUBLIC HEARINGS
40. Third Reading - 04 -65 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Sun Ray- Suburban zoning maps.
(Substitute introduced on January 21)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.Yeas - 7 Nays
-0
Laid over to February 11 for final adoption
41. Resolution - 04 -113 - Approving the establishment of the Koch Mobil Tax Increment Financing
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District and approving Tax Increment Financing Plan.
Councilmember Thune introduced a substitute resolution. Joan Trulsen, Department of Planning and
Economic Development, stated that the substitute had changes made that the legal counsel for the HRA
had suggested but they were nothing very substantial. This is also before the HRA on February 11,
2004. The resolution is to establish that this is an eligible Tax Increment Finance district. There is no
change in the intent or the terms.
No one appeared in opposition. Councilmember Thune moved to close the public hearing. Yeas - 7Nays
-0
Councilmember Thune moved approval of the substitute.
Substitute resolution adopted Yeas - 7 Nays - 0
42. Resolution - 04 -114 - Approving the application of Tom Scanlon, Dubliner Pub, 2162 University
Avenue West for a sound level variance to allow live music for St. Patrick's Day from 12:00 p.m. to
midnight on March 16 and 17, 2004 at 2162 University Avenue West. (Public Hearing held February 4)
Bill Gunther, Department of License, Inspections and Environmental Protection (LISP), stated that
neighbors had been notified and one complaint had been received. The complaint is from Bonnie's, the
restaurant next to the Dubliner. Both parties have equal interest in the parking lot which remains an
issue. A letter was also received from Bonnie's including a map of where the tent will be placed
alongside the property. Conditions have been requested to be added to the noise variance.
Representatives from both establishments wee present.
Speaking in opposition were:
Darren Knight appeared, representing Bonnie's Cafe. Also present were Juanita Roell and John Rybisky,
an employee of Bonnie's. Mr. Knight stated that he wanted to ensure that the party would be on the side
lot. This event has shut down Bonnie's Cafe for 4 -6 days at a time. The Cafe has been there for 26 years
and is a well - established business. Mr. Knight stated a letter had been sent to Mr. Gunther regarding
their issues. This business will be disrupted by the party even if it is on the side lot. The joint back lot is
used by both businesses. The tent party takes place for 4 -5 days and involves delivery trucks, sanitation
deliveries, and many other activities. Mr. Knight stated that he felt anything associated with the party
should be on the side lot, not the joint lot. There should not be a problem as Bonnie's is a breakfast and
lunch spot, however, many deliveries occur during these times. Conditions requested are: the delivery
trucks should enter from University Avenue and not block the joint lot; for the Dubliner Bar to direct its
employees and patrons not to loiter in the back lot; and that these events not block the back lot from
parking during the time that Bonnie's is open for business.
Juanita Roell, owner of Bonnie's Cafe, stated that this past year, two block parties, a funeral and another
party filled the parking lots for both buildings. This could have been avoided if permission was sought
to use the lot. Ms. Roell stated that if Mr. Scanlon had suggested that she close and he reimburse her
losses for those days, it would have been acceptable. Setting up for these parties consists of bands,
delivery of port -a- potties, beer trucks, and portable bars. Ms. Roell stated she had wanted to work this
out with him personally but it did not happen.
The following appeared in support of this petition:
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George LeTendre, an attorney, appeared to represent Mr. Scanlon, the owner of the Dubliner. Mr.
LeTendre stated the conditions had been reviewed. Mr. Scanlon owns the property where the tent and
facilities would be located. Mr. Scanlon has permitted Bonnie's Cafe employees and customers to park
free on that property for over 10 years. There is a disagreement regarding parking in the past. The
Council will hear a variance issue with regard to sound. Since Bonnie's is not open in the evening, no
issues as far as sound are relating to this business. Asking the Council to override the rights under the
lease with regard to parking is not advisable. Mr. Scanlon will have the tent and all facilities on his
properties.
Upon question of Councilmember Thune, Mr. LeTendre stated there were two parking lots: one to the
east of the property owned by Mr. Scanlon for over 10 years and one to the south of both businesses,
which is a shared lot under a lease agreement.
Councilmember Benanav clarified which lot was owned by Mr. Scanlon on a map.
Councilmember Benenav moved to close the public hearing.
Yeas - 7 Nays - 0
Councilmember Benanav stated that both businesses were represented by good and hard working people
who care about the community as well. This is a dispute between businesses and what is before the
Council is a sound variance. Upon question of Councilmember Benanav, Manuel Cervantes, City
Attorney, stated that the Council's jurisdiction over the sound implicates parking as well. Mr. Guther
stated that this was a noise variance. In the past, restrictions have been placed regarding the sanitation
concerns. Some of these issues tend to be more of a civil matter. It could be handled through the liquor
licensing process as the Dubliner will need an extension of service for the liquor license. The noise
variance does have an implication on other things than noise.
Council President Bostrom suggested a one -week layover to allow the parties to work out their
differences. Councilmember Thune stated that a noise variance is not something that is guaranteed, and
both parties need to work this out.
Councilmember Benanav moved layover to February 11.
Laid over to February 11 Yeas - 7 Nays - 0
43. Resolution - 04 -115 - Ordering the owner(s) to remove or repair the building at 690 Burr Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Marcia Moermond, Legislative Hearing Officer, stated that this duplex was located in the Railroad
Island area and it is in poor condition. Staff from Code Enforcement cannot find the owner to work
towards rehabilitation. Summary abatements have been conducted. Ms. Moermond recommended that
the order to remove or repair the structure be approved.
Ying, a member of the community, stated he was interested in rehabilitating this property and he has
tried to reach the owner to see if he could acquire the property. Council President Bostrom stated that
there would be 15 days in which an agreement could be reached with the owner or the Council could
take action at that time.
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Councilmember Thune moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
44. Resolution - 04 -116 - Ordering the owner(s) to remove or repair the building at 598 Western Avenue
North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting 180 days to complete the rehabilitation of the property on the condition that a bond has been
posted by noon on February 4, 2004) .
Marcia Moermond, Legislative Hearing Officer, stated that the building has new owners who have
completed a code compliance inspection, paid the taxes and registered the building as a vacant building
with the city. They have posted a $2,000 bond to go forward with the rehabilitation. She recommended
granting 180 days to rehab the building.
No one appeared in opposition; Councilmember Montgomery moved to close the public hearing and
approve the recommendation of the Legislative Hearing Officer.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0 (Benanav not present for vote)
45. Resolution - 04 -117 - Ordering the owner(s) to remove or repair the building at 930 Duchess Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
180 days to complete the rehabilitation of the property on the condition that the following is done by
noon on February 4, 2004: 1) the building is entirely secured; 2) the windows are completely boarded
with �/z inch plywood; 3) the foundation is completely protected from entry; and 4) the area is free from
trip /fall hazards by use of fencing as appropriate).
Marcia Moermond, Legislative Hearing Officer, stated that this house is currently being rehabilitated. At
one point, the foundation was open in a way that could have created a hazard but that has been
remedied. A bond has been posted and the code compliance inspection has been conducted. All taxes
and fees have been paid to the city, and the recommendation is to grant 180 days to complete
rehabilitation.
No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval
per the recommendation of the Legislative Hearing Officer.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0 (Benanav not present for vote)
46. Appeal of Summary Abatement Order dated January 14, 2004, at 899 Palace Avenue (Legislative
Hearing Officer recommends denying the appeal).
Marcia Moermond, Legislative Hearing Officer, stated that this was a moot issue by the time that it
reach the legislative hearing process as the property had been cleaned up; however, the owner of the
property wanted to have a concern forwarded to the Council which was that the summary abatement
order was received on the same day that the abatement was to be completed. According to city code, the
summary abatement orders are mailed to the owner of record according to Ramsey County Property Tax
Division. The owner has this as a registered rental property and did not understand why notice could not
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also be mailed to the address provided. Ms. Moermond stated this should be looked into when the rental
registration ordinance comes forward to provide adequate notice.
No one appeared in opposition; Councilmember Thune moved to close the public hearing and to deny
the appeal per the recommendation of the Legislative Hearing Officer.
Appeal denied Yeas - 6 Nays - 0 (Benanav not present for vote)
47. Appeal of Summary Abatement Order dated January 6, 2004, at 930 Duchess Street (Legislative
Hearing Officer recommends denying the appeal and granting an extension to February 6, 2004).
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and deny the
appeal.
Appeal denied Yeas - 6 Nays - 0 (Benanav not present for vote)
48. Appeal of Summary Abatement Order dated January 16, 2004, at 930 Duchess Street (Legislative
Hearing Officer recommends denying the appeal and granting an extension to February 6, 2004).
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and deny the
appeal.
Appeal denied Yeas - 6 Nays - 0 (Benanav not present for vote)
49. Public hearing to consider the appeal of Harvey Sherman, 89 Mackubin Street to a decision of the
Board of Zoning Appeals granting several variances in order to convert a 16 -unit apartment building at
501 Ashland Avenue into a 24 -unit building and construct a new front entry.
John Hardwick, Office of License, Inspections and Environmental Protection (LISP), presented a staff
report. William Rolf applied for four variances to convert the existing 16 -unit apartment building at 501
Ashland Avenue to its original configuration of 24 one - bedroom units. Along with this project,
renovation of the building was planned with a new roof and new front entryway addition. The building
is in poor condition now and has been the subject of several complaints from the neighborhood over the
years. This project will require approval of the Heritage Preservation Commission and Mr. Rolf has
obtained preliminary concept approval.
A public hearing was held November 28. Staff recommendation was approval of the variances.
Testimony was taken from neighbors in opposition. The District 8 Planning Council Development
Committee recommended approval but the executive board did not take a position at that time. The
board resolved to approve the variances subject to the condition that the applicant obtain approval from
the HPC and that the project is completed in a timely manner with both interior and exterior renovations
occurring simultaneously.
Councilmember Montgomery stated she had been advised by the City Attorney to recuse herself from
this vote as her ex parte status had been compromised.
The following individuals testified in support of the appeal:
Bethany Gladhill, 507 Ashland Avenue, stated she owned the house next door to this property. The
financial hardship issue, which has been put forth as a compelling reason for this project, should not be
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allowed in the discussion. By standard planning protocol, an individual's financial circumstances should
have no effect on the zoning code. The variance should go with the project and building, not with a
specific owner. The cash flow of the current property is in question. When Mr. Rolf purchased the
property, there was no financial hardship indicated and neighbors do not understand why this should
have changed so quickly. Ms. Gladhill stated that she felt that the Board of Zoning Appeals had erred in
interpreting the zoning code and asked that the Council grant the appeal.
Harvey Sherman, 89 Mackubin Street, stated that the group would like to see low- income housing to
maintain a diverse mix of residents in the area. Everyone would like to see 501 Ashland be improved.
One example of a variance error is parking. The variance has been granted to allow 24 off - street parking
spaces on the street for a site that currently has no parking spaces on the site, and will not after
reconstruction. All 36 spaces allowed will be on- street in an area that is already has a shortage of
parking. Some areas already have permit parking and this will be a problem for the area.
Pamela Brandt, 99 Mackubin Street, stated that current code requires 600 square feet of lot area per
zoning room and this would allow for only 15 rooms. The request for 24 rooms adds to the congestion
of the site. If the units were converted to efficiencies, there would be no common or social space for
tenants which would in turn cause congestion outside. During Mr. Rolf s ownership of this property,
there continues to be noise issues and police calls to this address. Ten calls were made in January 2004.
Ownership of the property should have nothing to do with granting variances.
Chris Yerkes, 507 Ashland Avenue, stated that the staff report indicates that this is the most
economically feasible way to handle this project and she feel it should have nothing to do with the
variances. This property needs a lot of work, and everyone in the area would like to see the successful
redevelopment of it. However, the improvements should not be at the sacrifice of the surrounding
properties. This area is located right near Sweeney's, and Chang O'Hara's, and parking is always at a
premium.
The following individuals spoke in opposition to the appeal:
Will Rolf, 501 Ashland Avenue, stated he purchased the property with the hope of correcting the
problems associated with it. There are two problems with the property: 1) it is unsightly and does not fit
in with the neighborhood; and 2) some of the studio units have been combined into two - bedroom
apartments and, as a result of this action, very small, strangely- shaped rooms were created which needs
to be addressed to make the property more appealing. He said that if the original configuration was used,
plumbing and wiring would need to be changed, and it would be expensive to make these changes. The
property has had some problems with regard to police calls and activities. He stated he took over 451 N.
Fairview in 1999. That property had an extensive amount of drug activity at the time but the problem no
longer exists.
Mr. Rolf stated he was at this property every night to make sure there are no problems. There have been
problem tenants and three tenants have been asked to leave. This project was not only about economics
or about making more money. It would take a problem property and make it into an asset to the
neighborhood. He did an informal parking study, and found an average of about 50 empty parking spots
in the area on any given evening.
Al Fisher, president of the condo association at 117 Mackubin Street, stated that he was opposed to the
appeal as this building has been an eyesore for many years and his association welcomed the
opportunity for its rehabilitation. Mr. Rolf has proposed to make the building fit into the neighborhood.
Parking has not been a problem in the past, and should not be considered as such. This is an opportunity
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to get tenants in the building that will be an asset to the neighborhood.
Brad Daniels, 575 Holly Avenue, said he has known Mr. Rolf for four or more years. Many of the
houses in this neighborhood were in the shape of this building several years ago. Mr. Rolf knows his
tenants and has a very good manner in dealing with people. There is a sense of fairness but firmness
with regard to his dealings with tenants. It does not make sense to take an opportunity away from
someone trying to improve a building in poor shape.
Hyson Harper stated he was a former tenant of 501 Ashland Avenue and the building and area was very
depressing. It was hard to keep a positive focus. With the renovations, it will put some pride into the
building for the tenants and would cut down on crime and other things that are happening in the building
now.
Councilmember Lantry moved to close the public hearing
Yeas - 6 Nays - 0 Abstaining - 1 (Montgomery)
Councilmember Lantry said she felt there were three areas in which the Board of Zoning Appeals erred.
The first benchmark for granting a variance is that the property cannot be put to a reasonable use under
the code. Mr. Rolf bought this as a 16 -unit apartment building. The provisions of the code do not change
the use of the building. Under that condition, the BZA erred. Also, the plight of the landowners due to
circumstances unique to the property. The last item is the request for a variance to not increase the value
or income potential of a parcel. Councilmember Lantry reiterated that she felt the BZA erred on items 1,
2 and 6, and moved to grant the appeal.
Councilmember Benanav said he felt that Mr. Rolf was a great landlord and neighborhood resident;
however, the Council needs to decide whether there was an error made in the BZA recommendation, and
stated he would support the appeal.
Councilmember Harris stated that this neighborhood has an opportunity to make a difference with this
property. To rehabilitate a building with the standards put about by the HPC takes time and effort and
stated he would oppose the motion.
Councilmember Thune stated that with this situation, the BZA seemed to err in its decision.
Councilmember Lantry moved to grant the appeal.
Motion of Intent - Appeal granted
Yeas - 5 Nays - 1 (Harris) Abstention - 1 (Montgomery)
50. Public hearing to consider the appeal of Centex Development Company to a decision of the Planning
Commission denying an appeal for a sign height variance at 266 Shepard Road, between Chestnut and
Elm Streets. (This appeal has been withdrawn by Centex)
Councilmember Thune moved to withdraw the appeal.
Appeal withdrawn Yeas - 7 Nays - 0
51. Public hearing to consider the application of Parking Services for preliminary and final plat approval
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to create two commercial parcels at 175 West 7th Street, southeast corner of Smith Avenue and West 7th
Street.
Patricia James, Department of Planning and Economic Development, presented a staff report. The
applicant proposes to split the parcel into two with one parcel retaining the Holiday Inn and the second
lot would be sold to provide parking for the hotel. City staff reviewed the application and finds that the
plat meets the requirements and recommends approval of the plat subject to conditions: that the
developers consult with the Saint Paul on the Mississippi Design Center to ensure that the new
development conforms to building design guidelines; that the applicant file a copy of the Council
resolution approving the plat with the Ramsey County Recorders Office; and that cross easements for
access are granted.
Councilmember Thune questioned whether this would come before the Council for any other reason.
Ms. James stated that the only way it would come before the Council would
be for financing issues, or variances that would be needed. Site plan approval can be done by city staff
unless there is an appeal.
Councilmember Thune stated that the volume of vehicular traffic would increase greatly as a result of
this action, and this may not work. He suggested the applicant and staff meet with design center staff
prior to adoption of this resolution.
No one appeared in opposition; Councilmember Thune moved to close the public hearing and lay over
three weeks.
Laid over to February 25 Yeas - 7 Nays - 0
Councilmember Harris moved to adjourn the meeting.
Adopted Yeas - 7 Nays - 0
ADJOURNED AT 6:51 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson March 17, 2004
Assistant Council Secretary
Submitted by:
Chris Rider and Donna Sanders (Ad Hoc Legislative Committee)
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