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Minutes 10-03-2007 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 3, 2007 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Note: All City Council meetings are on the City of Saint Paul’s website. Meetings can be viewed in their entirety or a specific item can be viewed. Visit our website at www.ci.stpaul.mn.us/council and click on Watch the Live Webcast. The meeting was called to order by Council President Lantry at 3:30 p.m. Present – 6 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery Absent – 1 – Thune Councilmember Harris welcomed Cretin-Derham students to the meeting. Councilmember Harris moved approval of the Consent Agenda Adopted Yeas – 6 Nays - 0 CONSENT AGENDA (Items 1 - 21) 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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Mary L. Brodt, Esequiel Martinez Castillo, Cornelius Cummings, Shawn T. Barott, Randall S. Geller, Edward J. Hinich, Terry Wayne Hudgens, Wubishet Jigsa, Matthew R. Murphy, Scott G. Murray, Okechukwu F. Onah, Melissa Sloan, Renee R. Tyler, and Yonas Woldmicheal. Referred to Risk Management 2. Amended Notice and Order for Hearing in the matter of the State of Minnesota by Velma Korbel, Commissioner, Department of Human Rights, vs. the City of Saint Paul. Referred to the City Attorney’s Office October 3, 2007 City Council Summary Minutes Page 2 3. Letters from the Department of Safety and Inspections/Code Enforcement declaring 1000/1002 Desoto Street, 38 Geranium Avenue East, 835 Juno Avenue, and 1098 Sylvan Street as nuisance properties, and setting date of Legislative Hearings for October 9, 2007 and City Council public hearings for November 7, 2007. FOR ACTION 4. Approval of minutes of July 25, 2007. Adopted Yea – 6 Nays – 0 5. Resolution – 07-907 – Approving the Labor Agreement between the City and the Lakes and Plains Regional Council of Carpenters and Joiners for the period May 1, 2007 through April 30, 2010. Laid over to October 10 for adoption Yeas – 6 Nays – 0 6. Resolution – 07-908 – Approving the Memorandum of Agreement between the City and the Saint Paul Fire Supervisory Association, Local 3939, regarding health insurance options and contribution levels for 2008, 2009, and 2010. Laid over to October 10 for adoption Yeas – 6 Nays – 0 7. Resolution – 07-909 – Accepting a contribution by the Katherine B. Andersen Fund to support the Mayor’s Second Shift Initiative and the Workforce Training and Development Initiative. Adopted Yeas – 6 Nays – 0 8. Resolution – 07-910 – Accepting a contribution of $97,000 from the Minnesota Early Learning Foundation in support of the Mayor’s Early Childhood Initiative. Adopted Yeas – 6 Nays – 0 9. Resolution – 07-911 – Authorizing the Division of Parks and Recreation to receive free labor services from the Minnesota Conservation Corps consistent with the State of Minnesota’s Clean Water Legacy Program. Adopted Yeas – 6 Nays – 0 10. Resolution – 07-912 – Approving the application with conditions, per the Legislative Hearing Officer, of Andrea Miller, owner, Chatterbox Enterprises Highland, Inc., d/b/a Chatterbox Pub, 800 Cleveland Avenue South, to add Liquor Outdoor Service Area (Sidewalk). Adopted Yeas – 6 Nays – 0 Commented [SU1]: Fix spacing of 6. October 3, 2007 City Council Summary Minutes Page 3 11. Resolution – 07-913 – Approving adverse action against the Cigarette/Tobacco license by Dollar, Inc., 560 University Avenue. Adopted Yeas – 6 Nays – 0 12. Resolution – 07-914 – Amending Council File 07-546 to delete the assessment for graffiti removal at 999 Fifth Street East. Adopted Yeas – 6 Nays – 0 13. Resolution – 07-915 – Approving the decision of the Legislative Hearing Officer on an appeal of a fence permit at 1559 Cumberland Street. Adopted Yeas – 6 Nays – 0 14. Resolution – 07-916 – Memorializing City Council action taken September 5, 2007, denying the application of JLT Group to rezone the area generally bounded by Robert Street, Fillmore Avenue, Highway 52, and the Mississippi River to PD (Planned Development). (The Bridges of Saint Paul) [ZF 07-110-903] Adopted Yeas – 6 Nays – 0 15. Resolution – 07-917 – Authorizing the Police Department to accept a grant from the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, for alternate enforcement to monitor and conduct surveillance on liquor establishments within the City of Saint Paul from July 1, 2007, through May 31, 2008. Adopted Yeas – 6 Nays – 0 16. Resolution – 07-918 – Amending the Capital Improvement Budget in the amount of $111,882.12 by reallocating available balances where needed and establishing an increased amount for contingency. Adopted Yeas – 6 Nays – 0 17. Resolution – 07-919 – Authorizing the proper City officials to enter into an agreement with Minnesota Commercial Railway Company for improvement of the existing at-grade railroad crossing on Cleveland Avenue, approximately 400 feet south of Wabash Avenue. Adopted Yeas – 6 Nays – 0 18. Resolution – 07-920 – Authorizing the Department of Public Works to donate $262.50 worth of safety equipment to the Minnesota National Guard Unit of a Public Works’ employee serving in Iraq. Adopted Yeas – 6 Nays – 0 October 3, 2007 City Council Summary Minutes Page 4 19. Resolution Approving Assessment – 07-921 – In the matter of the assessment of benefits, cost, and expenses for tenant remedy action rehabilitation for property at 1123 Galtier Street in June 2007, and setting date of public hearing for November 7, 2007. [TR0706] Adopted Yeas – 6 Nays – 0 20. Resolution Approving Assessment – 07-922 – In the matter of the assessment of benefits, cost, and expenses for repair of sanitary sewer connections from January to June 2007, and setting date of public hearing for October 17, 2007. [File No. SWRP0702B] Adopted Yeas – 6 Nays – 0 21. Resolution Approving Assessment – 07-923 – In the matter of the assessment of benefits, cost, and expenses for summary abatements (graffiti removal) on private properties from August 8 to August 30, 2007 (J0704P); demolition of vacant buildings at 1126 Edgerton Street and 707 Kent Street during August 2007 (J0711C); summary abatements (property clean-up) on private properties from August 13 to August 30, 2007 (J0714A); providing weekly garbage hauling services from August 8 to August 29, 2007 (J0714G); boarding- up vacant buildings during July 2007, and setting date of Legislative Hearings for November 6, 2007 and City Council public hearings for January 16, 2008 Adopted Yeas – 6 Nays – 0 FOR DISCUSSION 22. Resolution – 07-924 – Recognizing the National Trust for Historic Preservation and welcoming members and partners to the 2007 National Preservation Conference on October 2-6, 2007. Council President Lantry welcomed the guests in town for the National Conference and read the resolution. Chris Morris, Midwest Office, appeared and thanked the Council for the proclamation. Council President Lantry moved approval. Adopted Yeas – 6 Nays – 0 23. Resolution – 07-768 – Transferring additional CDBG funds to the appropriate amended funding codes for the Neighborhood Housing Rehabilitation Program for CDCs. (Laid over from September 5) Councilmember Helgen moved approval. He stated this program is for exterior improvement and provides money to the CDCs. Adopted Yeas – 6 Nays – 0 October 3, 2007 City Council Summary Minutes Page 5 October 3, 2007 City Council Summary Minutes Page 6 ORDINANCES NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY COUNCIL. IT IS READAT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 24. First Reading – 07-925 – An ordinance amending Section 140.06 of the Saint Paul Legislative Code regulating conduct in the skyway system by deleting obsolete language and adding new language reflecting changes in the administrative process for regulating skyway conduct. Laid over to October 10 for second reading 25. First Reading – 07-926 – An ordinance amending Chapter 366A of the Saint Paul Legislative Code, Parades, Races and Public Assemblies, by moving skyway permits to Chapter 140. Laid over to October 10 for second reading Suspension Item Councilmember Benanav moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-943 – Memorializing City Council action taken September 19, 2007 approving the application of Richard O’Gara, Great Northern Railway Company, for a subdivision by lot split to create two industrial parcels with variance of requirement that lots are previously platted land at 0 Westgate Drive, area northwest of Highway 280 and BNSF Main Line. (Zoning File No. 07-128-931) Councilmember Benanv moved approval. Adopted Yeas – 6 Nays – 0 Suspension Items Councilmember Benanav moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-943 – Memorializing City Council action taken September 19, 2007 approving the application of Richard O’Gara, Great Northern Railway Company, for a subdivision by lot split to create two industrial parcels with variance of requirement that lots are previously platted land at 0 Westgate Drive, area northwest of Highway 280 and BNSF Main Line. (Zoning File No. 07-128-931) Commented [SU2]: Need the CF # & the description. October 3, 2007 City Council Summary Minutes Page 7 Councilmember Benanav moved approval Adopted Yeas – 6 Nays – 0 The meeting was recessed from 3:37 to 5:30 p.m. Present – 6 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery Absent – 1 – Thune (excused) PUBLIC HEARINGS 26. Third Reading – 07-853 – An ordinance amending Chapter 40 of the Saint Paul Legislative Code to provide the Fire Marshal authority to suspend or revoke the fire certificate of occupancy when an owner or interested party cannot be identified after a good-faith effort. No one appeared in opposition; Councilmember Benanav moved to close the public hearing. Yeas – 6 Nays – 0 Laid over to October 10 for final adoption 27. Third Reading – 07-887 – An interim ordinance pursuant to Minn. Stat. 462.355, Subd. 4, preserving the status quo regarding a residential property use commonly known as a “sober house” pending the completion of studies of possible amendments to the City’s official controls. Councilmember Benanav asked for a staff report but there was no staff present at the meeting. The following spoke in opposition to the ordinance: Lisa Baker, 591 Bay Street; John Curtis, 1258 Goodrich Avenue, President of The Retreat, and President of the Minnesota Association of Sober Homes; Fabian Hoffer, 10 Fifth Street South; Michelle Medina, 339 Goodrich Avenue; and Jennifer Copper, 591 Bay Street. The following spoke in favor of the ordinance: Angie Polomo, 1996 Marshall Avenue; Ann Walters, Chemical Dependency Counselor; and Trevor Oliver, 2021 Margaret Street. October 3, 2007 City Council Summary Minutes Page 8 Benanav moved to close the public hearing. Yeas – 6 Nays – 0 Laid over to October 10 for final adoption. 28. Resolution – 07-927 – Approving the application of Tavern on the Avenue for a sound level variance in order to present live music, with limitations, on October 5 and 6, 2007 from 7:00 p.m. to 12:00 midnight at 825 Jefferson Avenue. (GS 3043930) At the request of Councilmember Thune, Council President Lantry moved to amend the resolution on Lines 12 and 24 to change the ending time to 11:00 p.m. Approved Yeas – 6 Nays – 0 Matt Long, 903 Tuscarora, appeared and stated that he is in partnership with another owner Tom Williams. He expressed surprised because he signed contracts, worked with the district council, worked with Mark Kaisersatt, Department of Safety and Inspections, (DSI), and they have signed contracts to say they could play. The district council was originally okay with 1:00 a.m. and it got moved to midnight saying it was their first event outdoors. He expressed concern that it was now two days before the event, and his councilmember (David Thune) was not at the Council meeting. Council President Lantry stated that she talked to Councilmember Thune and he said he wanted to change the time as he thought 1:00 a.m. was too late. Mr. Long said the music will face the freeway and he did not feel the noise will travel all the way up to there. The district council wanted it to face the highway and not Jefferson Avenue. Helgen asked if there is a letter from the district council. Lantry responded that Betty Moran (West 7th/Fort Road Federation) wanted the time changed to 11:00 p.m. Lantry stated that this resolution is on the agenda because the public hearing notice went out to the neighbors. It was her understanding that Thune had a problem with the time from the beginning. Times are amended on noise resolutions on a regular basis. She noted that the resolution was inconsistent as in one place it says 7:00 p.m. to 1:00 a.m., another line said midnight, and Thune requested 11:00 p.m. The resolution was amended before the public hearing. The Line 12 change is the applicant’s hours, said Helgen and it should be changed back. Lantry stated that most of the noise ordinances for bars in neighborhoods have an end time of 11:00 p.m. Long responded that he owns a bar in Saint Paul and they were granted to go until 1:00 a.m. as long as it was on a weekend and during the week, it was midnight. He had not heard anything from Thune’s office about the issue until now. October 3, 2007 City Council Summary Minutes Page 9 Lantry responded that the City has a process too and it is under their purview to change the times. It is here because it is an opportunity for folks to talk about the time. Long questioned why this was before the Council two days before the event. Councilmember Benanav stated that it seems unfair to put them in this spot. He asked if they could they split the difference to 11:30. Helgen asked about Friday being 11:00 and a compromise on Saturday. (This issue was continued later in the meeting in order for staff to provide input.) 29. Resolution – 07-928 – Approving the application of the Minnesota Wild for a sound level variance in order to present live music, with limitations, on October 6, 2007 from 9:30 p.m. to 11:30 p.m. at 150 West Kellogg Boulevard. Council President Lantry moved to recall 07-906 which was on the September 26 Council agenda noting that two council files are exactly the same item. Council File 07-906 Recalled Yeas – 6 Nays – 0 Lantry explained the public hearing is on 07-906. Councilmember Benanav moved to close the public hearing and approve C.F. 07-906. Adopted Yeas – 6 Nays – 0 Lantry withdrew C.F. 07-928. 30. Resolution – 07-929 – Approving the creation of the Highland Pointe Lofts Tax Increment Financing District and adoption of a Tax Increment Financing Plan in the Department of Planning and Economic Development. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 October 3, 2007 City Council Summary Minutes Page 10 31. Resolution – 07-930 – Authorizing CBS Outdoor to install new advertising bus shelters at various locations throughout the City. Councilmember Helgen asked how the sites got selected. Paul St. Martin, Department of Public Works, explained that these were proposed by CBS Outdoors. Additional locations can be worked out with CBS and Public Works. Helgen asked about trash receptacles. St. Martin responded that CBS has to pick up litter once a week. Helgen stated he has an issue with one on Rice and Arlington and Councilmember Montgomery had issues with another two. St. Martin responded that he will follow up on these issues. Councilmember Helgen moved to continue the public hearing on October 17. Public hearing continued to October 17 Yeas – 6 Nays – 0 October 3, 2007 City Council Summary Minutes Page 11 32. Resolution – 07-931 – Extending Residential Permit Parking in Area 7 to include Smith Avenue from West Seventh Street to Goodrich Avenue and Goodrich Avenue from Smith Avenue to the dead-end east of Leech Street, and changing all of Permit Area 7 to “No Parking Except by Permit.” Council President Lantry stated there was a request to continue the public hearing on this matter because there is more information and people would like to have more dialogue. Paul St. Martin, Traffic Division of Public Works, reported this resolution would amend some of the regulations on residential permit parking in Area 7. A petition was received from residents to add two streets to the permit parking area. Employees of United and Children’s Hospital were parking on the street instead of the ramps. For permit parking areas, people can park for two hours without a permit. For parking longer than two hours, they need a permit between 7:00 a.m. and 7:00 p.m. People can park in those areas outside those hours and on weekends. Public Works worked with the community and is proposing to change the regulations to allow parking only by permit. Two hours parking is difficult to enforce. The following spoke in opposition to the resolution: Katie Swanson, 201 McBoal Street; Kelly O’Shaughnessy, 199 McBoal Street; David Popore, 155 McBoal Street; St. Martin suggested laying over the resolution indefinitely. The following spoke in support of this resolution: Paulette Myers Rich, 436 Smith Avenue North; Lantry stated she is uncomfortable with “indefinitely.” St. Martin suggested a layover to November 7. Councilmember Helgen moved to continue the public hearing to November 7. Yeas – 5 Nays – 0 (Montgomery not present) 33. Resolution Ratifying Assessment – 07-878 – In the matter of the assessment of benefits, cost, and expenses for improving Davern Street from Shepard Road to West Seventh Street. [File No. 19037] (Public hearing continued from September 19) No one appeared in opposition; Councilmember Harris closed the public hearing and approval. October 3, 2007 City Council Summary Minutes Page 12 Adopted Yeas – 6 Nays – 0 34. Resolution Ratifying Assessment – 07-932 – In the matter of the assessment of benefits, cost, and expenses for the Griggs/Jefferson RSVP Phase I for 2007. [File No. 19031] No one appeared in opposition; Councilmember Harris moved to close the public hearing Yeas – 5 Nays – 0 (Montgomery not present) Harris moved to lay over to December 5. Laid over to December 5 Yeas – 4 Nays – 0 (Montgomery, Thune, Benanav not present) 35. Resolution Ratifying Assessment – 07-933 – In the matter of the assessment of benefits, cost, and expenses for the White Bear/Burns RSVP. [File No.19032] (GS 3042233) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas – 4 Nays – 0 (Thune, Benanav, Bostrom not here) 36. Resolution Ratifying Assessment – 07-934 – In the matter of the assessment of benefits, cost, and expenses for the Hubbard/Griggs RVSP. [File No. 19033] Robert Tavis, 1180 Hewitt Avenue, appeared and said the quality of the work is not the best. Different sod was laid and it is not good. He didn’t know when they could park by their house, the paving is not tight and he can see the rocks in the pavement. He has an 80 foot frontage and has no light on the property. He is being charged for lighting but he is not getting much of it. There was no labor in his yard, and he is being charged $500. The streets are narrower. People were forewarned that bushes and flowers should be moved. Council President Lantry stated the quality of the work is a concern. She suggested Mr. Tavis talk to Bruce Beese, Public Works Director, Tavis added that he does not think it will last. John Kennedy, 832 N. Syndicate Street, appeared and stated his assessment will be over $3,000. He came to the meeting last February and voiced his opinion as his house sits on two lots. He cannot sell one lot. The financing cost analysis of this says that he will be charged along the short side of his house. His complaint is that instead of being charged approximately $1700 like everyone else—there are 14 lots per street side—his cost is $3,400. He received no direction and no response when he came to the meeting in February. He feels he should not pay more than anyone else. His house faces Syndicate. and both sides of Syndicate will have new curbs but no sidewalk. All other streets will have completed curbs and sidewalks. Lantry responded that the charge is by the front October 3, 2007 City Council Summary Minutes Page 13 foot. With assessments, owners pay 25 percent of the cost and the City pays 75 percent. The City tries to figure out a system that works for all 114,000 residential properties in the City. The policy decision is to charge by the front foot for lots. Helgen moved to close the public hearing and approval. Adopted Yeas – 5 Nays – 0 (Benanav not present) (At this point, the Council went back to Item 28) 28. (continued from earlier) Christine Rozek stated the extension for liquor service will not be at midnight. One compromise is that everything goes until 11:30, liquor service stops, and everything moves inside. Matt Long responded that he is okay with that. Pat Lindgren, Legislative Aide to Councilmember Thune concurred. Councilmember Helgen moved to amend Line 24 to 11:30 p.m. and Line 12 goes back to 1:00 a.m. Yeas – 5 Nays – 0 (Benanav is not present.) Councilmember Helgen moved approval as amended. Yeas – 5 Nays – 0 (Benanav is not present) 37. Resolution Ratifying Assessment – 07-935 – In the matter of the assessment of benefits, cost, and expenses for the 2007 Right-of-Way Maintenance Assessment. The following individuals appeared and spoke: Rob Hahn, 1993 Juliet Avenue; Ray Faricy, 289 Lexington Parkway South (submitted his issues in writing); Dave Gardner, 1515 Cumberland Street; Scott Damsgard appeared on behalf of his mother at 1394 Park Street; James Weiss, 899 Osceola Avenue; Carol Kkuettner, 1082 Ashland Avenue; and Ken Olson, 268 W. Winifred Street. Councilmember Helgen moved to close the public hearing. Yeas – 6 Nays – 0 Councilmember Harris asked about the county aid and what that money was when it came to the County. Lantry responded that Margaret Egan, Council Budget Analyst, will follow up. October 3, 2007 City Council Summary Minutes Page 14 Benanav asked for a follow-up from Public Works and would like to know why it was assessed as an alley last year and not this year. Lantry requested that an e-mail be sent to the Councilmembers. Council President Lantry moved approval. Adopted Yeas – 5 Nays – 1 (Benanav) 38. Resolution Ratifying Assessment – 07-936 – In the matter of the assessment of benefits, cost, and expenses for Operation of the Above Standard Street Lighting System for year 2007 for the following projects: Lowertown Area, Ford-Cleveland Area, Grand-West Area, North Wabasha Area, 4th/Minnesota Area, Concord Phase I Area, Wabasha/St. Peter Area, University-Western-Mackubin Area, West 7th/Madison to Munster Area, Snelling-Randolph Area, United/ Children’s Hospital Area, Como-Snelling Area, White Bear/Beech-Reaney Area, Hamline University Area, Downtown Acorn Area, White Bear/Larpenteur-Hoyt Area, Selby-Western Area, Grand-East I and II Areas, Smith Avenue Area, Selby Revitalization Areas 1 and 2, River Park Plaza Area, East 7th/Payne- Minnehaha-Mendota Area, City Hall-Court House Area, Landmark Center Area, Dale/ University-Minnehaha-Hatch Area, Suburban/White Bear-Ruth Area, and Rice/ Sycamore-Front Area. Jaunae Brooke, 366 Jackson Street, appeared and stated she was appearing on behalf of her father David Brooks and business owners in Lowertown. She filed a petition on this date with the City Clerk signed by about 12 downtown building owners. She read a letter from her father and said he received a bill for historic lighting. While historically these lights were to embellish, they have become sign posts for bus scheduling, parking restrictions, lane markings, etc. They were intended as a means to beautify the historic nature of Lowertown and now it has become an unsightly clutter of sign posts and informational bulletin boards. Until the light posts are stripped of the signs, Mr. Brooke will continue to refuse to pay assignments. He is putting together a packet of information that demonstrates his position on this subject. He could only find three or four posts that did not have signs. Councilmember Helgen moved to close the public hearing and approval. Yeas – 6 Nays – 0 Councilmember Bostrom stated that the speaker has a point and he showed a photograph. Lantry told Paul St. Martin, Department of Public Works, that there needs to be a different way of putting up signage. She suggested that Public Works report back on some suggestions on how to get the lights back to their original intention. Bruce Beese, Public Works Director, will give a report to the City Council on January 16, 2008. October 3, 2007 City Council Summary Minutes Page 15 39. Public hearing to consider the appeal of Judith Beck and 31 neighbors to a decision of the Board of Zoning Appeals approving variances for lot coverage and setbacks to redevelop the St. Paul Church Home site for senior housing with underground parking and town homes at 484 Ashland Avenue. (Public hearing continued from September 19) [ZF 07- 137-535] Council President Lantry stated this public hearing must be continued to October 17. Councilmember Montgomery moved to continue the public hearing to October 17. Yeas – 6 Nays – 0 40. Public hearing to consider the appeal of Tom Dimond to a decision of the Planning Commission approving the vegetation plan for the floodwall and sewer work at Holman Field, 644 Bayfield Street. (Public hearing continued from September 19) Tom Beach, Department of Safety and Inspections, reported that the Planning Commission approved the vegetation plan in August. One of the items deals with the historic steps leading down to the harbor. One resolution said the steps would be restored but that word was used in a more generic way. Tom Dimond feels they will be historically restored. There is an issue about trees along the floodwall. The committee was set up by the City for landscaping. Lantry responded the committee was setup by the Administration. There was a recommendation against planting trees on the Bayfield— airport—side of the wall. Some areas that were disturbed were not shown as being vegetated, and there was a dispute about the location of particular line, said Beach. The plan accurately states what will be restored. Dimond questioned the fact that an area along the north wall would not have landscaping in front of it. There was some talk about some evasive species. MAC (Metropolitan Airport Commission) had a consultant identify any invasive species he could find but Dimond said that some were missed. It might be that some of the vegetation was not in season, but the Planning Commission did not require a new investigation. There was extensive discussion about the Planning Commission budget and that the budget for landscaped be increased by 25% to compensate for damages done when the sewer work along Bayfield was put in. Councilmember Helgen asked about restoring the stairway to historic guidelines. He asked if MAC is going to replace it with the historic character or if they will replace it with concrete steps. Beach responded the plan calls for restoring the steps so they will look like the half wall he referred to. Beach showed a picture to the Council and said it is concrete designed to look like masonry. The steps are not officially historic. The historic steps would not stand up as well in flood conditions. October 3, 2007 City Council Summary Minutes Page 16 Helgen stated they are talking about the history. It does not talk about replacing; it talks about restoring. He would like to hear MAC say they would make a good faith effort to restore it. Benanav stated there is concern about whether the stone would stand up over time and if it can be used. Beach responded that hey could use what is there as building material but it is like starting over. He said the stairs are constructed of limestone and granite. Tom Dimond stated they are working off the information available to the public. He was not invited to those meetings. One of the things they were told is that the stone steps would be restored. The restoration should be done in 2008. It says that MAC will restore the steps. In the vegetation plan, it says that with a solid wall, they would plant trees on the Bayfield Street side. It says the landscape committee opposed putting in boulevard trees. He talked to several groups and asked did they oppose putting trees in, and they all said they support that. MAC’s general director supports putting in trees. Mr. Dimond showed photographs and stated that all the area disturbed by excavation and construction must be replanted. The photos show the wetland boundary. Inside the wetland boundary, they say there is existing vegetation but it’s obvious there is no vegetation there. Besides the boulevard trees, MAC is required to maintain and replace any of the vegetation on the plan, said Dimond. Parks recommended it be vegetated inside of the wall because that kind of wall would not allow it. The plans show that at the other end, it is the same kind of wall and it is vegetated inside. As for the finances, there is $120,000 that they said was part of the vegetation plan. They challenged that and now MAC has pulled out $120,000. They submitted $413,000 to the full Planning Commission; $52,500 is for a type 1, which is now part of the plan. MAC cannot come up with where it is located. No one has seen any plans to show where that area is going to be done. The Council approved removing 160,000 cubic yards of fill. It turns out that MAC increased that by 130,000 cubic yards. The following spoke in support of the appeal: Gjerry Berquist, 46 Prospect Boulevard; The following spoke in opposition to the appeal: Pat Mosites, 6040 28th Avenue South, Minneapolis. Gregory Paige, 25 W. 6th Street, Special Project Director for the Saint Paul Riverfront Corporation Lantry stated there are 12 maps and they do not know which is the original. The map showed vegetated areas. Dimond’s point was that they showed trees that already exist. Mosites responded that he differs with that. There area was not disturbed by construction. Once the wall and vegetation is in place, if the City would like to review October 3, 2007 City Council Summary Minutes Page 17 the insulation and ask them to do additional plantings, they would be willing to do that. They have worked with the City staff, City parks, DNR, design center. If something was missing, they are willing to fix that in the future. There are two bonds on this project: one for $2 million and the other for $3 million to make sure they do it to the satisfaction of the City. The plantings will be done next summer or early fall. There will be enough time for people to challenge the installation. Helgen stated that they want MAC to work with them and that there is good river access. Additional language was added which Helgen read. He was under the impression that they would make a real effort to restore the steps. He asked why there was a difference of opinion. Mosites responded that the whole issue of restoration was not delved into that greatly with the Planning Commission during the initial resolution, but MAC’s understanding with the Design Center and the Task Force is that they would provide access to the full plain basin area, re-establishment of those steps. Right now in their 2009 capitol improvement program, it would be before the Commission. That item is slated for 2009 and the budget is based on a concrete step facsimile. Helgen asked if a proposal can be amended. Mostites responded he cannot offer anything more at this time. It can be amended if Nigel Finney, Jeff Hammel, and the staff are in agreement to go forward with that. There is a hearing process. Lantry moved to close the public hearing. Yeas- 6 Nays – 0 Lantry stated that they were required by City Council resolution and they need to follow it. Lantry moved to deny the appeal and accept the landscape plan subject to conditions which she outlined. Harris said the airport is critical to Saint Paul and the Metropolitan Airport Commission and the community understands that. Motion of Intent – Appeal denied and the landscape plan was accepted with conditions: Yeas – 6 Nays – 0 41. Public hearing to consider the appeal of University United to a decision of the Planning Commission approving the site plan for two new commercial buildings (a two-story Walgreens with a drive-thru pharmacy window and a Big Top Liquor store) at 1532 University Avenue. [Zoning File 07-048836] Tom Beach, Department of Safety and Inspections, reported the Planning Commission approved the site plan about a month ago. He showed the plans stating that the site is part of the Midway Shopping Center. It is currently a one story but the proposal is to tear down the building and put up a new development. The first floor would be a Walgreens October 3, 2007 City Council Summary Minutes Page 18 drug store with a drive through pharmacy. It would be set back a little from Snelling Avenue. The second story tenant has not yet been determined. The other building is a Big Top Liquor Store. There has to be room for deliveries, which would be screened by walls and landscaping and there would be room for an access road. A Conditional Use Permit was permitted for a drive through window. It has to work with the City’s vision for the LRT site. There is talk about turning the alley into a street. There has also been talk about improvements to Snelling Avenue so the building is pushed back so it does not have to be torn down. In the meantime, the area will provide for additional landscaping. University United has disagreed and submitted an alternative plan with parking behind the building. Businesses usually do not like that. The access to the east side is limited to a couple of lanes and Public Works does not think it would be enough. The Planning Commission approved the site plan. The following people spoke in support of the appeal: Linda Winsor, outreach coordinator University United, appeared and read testimony from Randy Shubring, University United and President of Hamline Midway Coalition; Becky Landgon, 1402 Edmund Avenue; Brian McMahon, Executive Director of University United. Helgen stated he is not sure if the buildings are working to promote the retail development at that site. McMahon responded the plan calls for another site. These are 3 or 4 story buildings. The most important thing is to get the street grid in. Over time, the buildings will come and go. The public realm is the most critical piece. Benanav stated there are real windows in the plans. Paula Maccabee, Consultant, 1961 Selby Avenue, appeared and stated that a private investor came to the City, which provides an opportunity to bring a new tenant into the Midway Shopping City. Mr. Beach brought in City planning staff and they went over several variations on the plan. There were two committees in front of the Zoning Committee. The Planning Commission found that the plan complies with all the ordinances. It met the requirements for pedestrians. No plan is an ideal, but this one has the challenges of having streets and drives on all sides. The plan takes out of a couple of parking spaces. The Hollywood Video is a blank wall and there is a very narrow sidewalk. The development creates a real pedestrian streetscape. One of the key things is the Central Corridor strategy for the future and there are many road maps on how to get there. They are seeing for the first time two stories in retail and they are strengthening the pedestrian realm. No public infrastructure is being used but is all being done by private investment. These are private alleys which the owner has agreed to upgrade. Maccabee asked why the liquor store would have its back, a blank wall, to Snelling Avenue. From a business perspective, loading trucks off Spruce Street will be a problem. October 3, 2007 City Council Summary Minutes Page 19 Liquor stores have a lot of trucks and this access point will not allow trucks with side doors to load. University is the front door and putting trucks and trash near the front door is problematic. It chops up the parking and makes it more of a challenge. Jim Cox, 129 41st Street, Afton, architect/planner representing Arcade Midway appeared. Montgomery moved to close the public hearing. Yeas – 6 Nays – 0 Montgomery stated that both sides take a lot of liberty and they have not talked to Ward 1 on this. She does not like the lack of conversation with Ward 1 and will not tolerate it on anything else that happens. The Council is considering a plan approved by the Planning Commission and they are also looking at an alternative plan. Both plans have strong weak points, but the plan approved by the Planning Commission meets the requirements of the zoning code and an overall better site plan. It clearly works better for practical issues like deliveries and parking. The plan is essential for long terms plans for the Central Corridor. One of the tenants said he has a problem with the alternative plan. Montgomery said she is not sure there is a perfect plan. There are some things to do with the plan; they could put up a wall in the front for the parking and to put something up where the trucks go in. Helgen said the streets being developed have opened this up to go into the back part of this bus barn site. The proposed Midway Boulevard provides for traffic. Benanav stated this impacts his residents more than Montgomery’s. His constituents have talked to him appropriately so. There are some things that should be done but the developer has come a long way, and it is clearly better. There are some things they can do if they talk a little more time to make it better. He suggested the Council take another week because there are a few more things they can do as this is a project that will be around for a long time. Montgomery stated that she was going to ask for a one week layover also. Benanav moved to lay over one week, Laid over to October 10 Yeas – 6 Yeas – 0 42. Public hearing to consider the application of the Saint Paul Housing and Redevelopment Authority to rezone property at 615 and 621 Case Avenue (between Payne Avenue and Edgerton Street) from RT2 (Townhouse Residential) to B2 (Community Business). [ZF 07-123-065] No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and grant the appeal. He congratulated staff and said that they have worked on this for years to get parking for the Swedish Bank on Payne Avenue. This is a significant piece of business and providing additional parking spaces. October 3, 2007 City Council Summary Minutes Page 20 Motion of Intent – Appeal granted Yeas – 6 Nays – 0 43. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held by Vone X. Moua and Mee Lee Moua d/b/a Malina’s Sports Bar and Grill, 691 Dale Street North. Rachel Tierney, Assistant City Attorney representing the Department of Safety and Inspections (DSSI), presented a staff report. On May 25, 2007, DSI filed a notice of violation of License Condition #2, which says the license holder will maintain building surveillance cameras. On February 6, DSI sent a request for the videotape, but a videotape was never produced. An inspector and police officer went out on February 27 to retrieve the video and no one could operate the equipment at that point. On April 17, police investigated two shootings in the area and requested a videotape from April 13; the police officer was told the surveillance equipment was not working that event. Malina’s denied those allegations and requested a hearing before an Administrative Law Judge (ALJ), which was held on July 31 and August 7. The City Attorney’s Office and DIS are recommending that the City Council pose a fine of $1,500. The matrix calls for a $1,000 fine, but this is a second violation under the penalty matrix. The first violation was for the same thing. Under Chapter 310, the Council can deviate from the penalty for repeat violations. Videos were never produced. Court fees amounted to $2,218 and the Council can impose those costs as well. Council President Lantry asked if they can request that a tape be produced. Tierney responded they there is nothing saying they cannot do spot checks. Benanav asked what the basis was for imposing the cost of the hearing. Tierney responded the grounds for the imposition of fees is in Chapter 310.05, Subd. K. There are six grounds, two of which apply: 1) the claims of the licensee were frivolous, arbitrary, and capricious. There was no argument that the City should not have asked for the video; 2) the licensee was in control of the situation and could have avoided the violation. No one appeared in opposition; Councilmember Montgomery moved to close the public hearing. Yeas – 6 Nays – 0 Councilmember Benanav moved to adopt the finding of fact, conclusions of the ALJ and the imposition of the $1,500 and the fine of $2,288 based on the fact that the defense was arbitrary and capricious, and the licensee was in control and could have been avoided the violation. Tierney stated the Council needs to find the factors that make it more appropriate to October 3, 2007 City Council Summary Minutes Page 21 impose $1,500 rather than the matrix violation of $1,000. Benanav responded that he would like to impose the $1,500 because there are two violations. Moermond asked for spot checks on the establishment as Lantry recommended. Adopted the Findings of Fact, Conclusions of Law, and Recommendations of the Administrative Law Judge, fine of $1,500.00, charge of $2,288.00, for a total of $3,788.00. Yeas -6 Nays - 0 43. Public hearing to reconsider the Stay on Enforcement of the Demolition Order for 332 St. Clair Avenue. (Staff report will be presented by Marcia Moermond, Legislative Hearing Officer) Marcia Moermond, Legislative Hearing Officer, stated there should be a resolution to lift or vacate the stay from 2005. The owners have been notified. Since Councilmember Thune was not present, she requested that the Council conduct the public hearing and continue it for a week. Robert Wicker, 702 Wilson Avenue, appeared and stated that he is representing the new owner of the property at 332 St. Clair. The order is based on the previous owner Rita Tessmer. The new owner has sufficient money, and he purchased the property on this date. Wicker asked the Council to change the name to the new owner for 30 days and if he does not make progress as the City requires, then the City can order demolition of the building. Council President Lantry moved to close the public hearing. Yeas – 6 Nays – 0 Lantry asked Ms. Moermond if she would want someone to introduce the resolution and in the intervening week for Moermond to connect with the new owner and get a list of conditions and make different recommendations. Moermond responded that would be her request and added that Wicker has been involved in this property for the entire duration of the issue with the Tessmer family. Moermond believes that Tessmer lives at the property. Council President Lantry moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution 07-944 - Formally vacating the stay in implementation of Council File 05-669, an Order to Remove or Repair 332 Saint Clair Avenue. (Laid over from October 3) Council President Lantry moved to lay over one week. Laid over to October 10. October 3, 2007 City Council Summary Minutes Page 22 44. Resolution – 07-937 – Amending Council File 07-456 to approve the assessment for removing a diseased tree from property at 515 Farrington Street. No one appeared in opposition; Councilmember Montgomery moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 46. Resolution – 07-938 – Ordering the owner(s) to remove the property at 64 Garfield Street within fifteen (15) days from adoption of resolution. Marcia Moermond, Legislative Hearing Officer, reported this was a no-show hearing and the standard conditions have not been met. She recommended that the Council order the building be removed with no option for repair within 15 days. John Powell, real estate agent representing the property, appeared and stated that he would like to ask for a six month delay so that he can continue to market the home. The lawn has been maintained since it was taken over by the bank. Later, the snow will be dealt with. It has been cleaned out and secured and it does not have the appearance of a nuisance property. He showed photographs of the house. Council President Lantry asked how long it has been on the market and the asking price. Powell responded for 100 days, and the asking price is $45,000. It started at $87,000. They can post the performance bond and bring it back to livable conditions. In answer to several questions, Powell responded that he does not have the rehab costs, and he believes the Code Compliance Inspection has been done. Councilmember Benanav moved to close the public hearing Yeas - 6 Nays – 0 Lantry moved approval of the recommendation of the Legislative Hearing Officer. Harris stated it looks like the house is being fixed up. Moermond stated she would be happy to rehear this issue. The Vacant Building Registration fees are due and owing in the amount of $250. The Code Compliance Inspection has not been conducted. The performance bond has not been posted. She does not have a work plan for the building’s rehabilitation nor do they have the evidence of the financial capacity to execute the rehabilitation at this point. Normally, when banks are in this situation, they have an REO managing the property to start the development of these kinds of plans. The bank may wish to do that. Otherwise, they are looking at a October 3, 2007 City Council Summary Minutes Page 23 declaration of a vacant building and an order to vacate that originated a few months ago. It has been a problem property. The things the City looks for normally in order to grant additional time are absent in this case right now. Adopted Yeas – 5 Nays – 1 (Harris) 47. Resolution – 07-939 – Ordering the owner(s) to remove the property at 992 James Avenue within fifteen (15) days from adoption of resolution. Marcia Moermond, Legislative Hearing Officer, stated that the owner and a bank representative came to the Legislative Hearing. At that hearing, Moermond indicated that a $5,000 performance bond should be posted, the delinquent fees need to be paid, the forms filled out, and the work plan needs to be put together. It has been a vacant building for about three years. They have had to issue two summary abatement orders on it. Based on the owner not meeting the conditions, it is evident that the owner does not have the capacity to do the rehabilitation. Jeff Richardson, owner, appeared and stated he agreed to submit a construction schedule and pay the $5,000 bond and he is working on the funding. As far as the vacant property fee, he is waiting for a bill. He is willing to fix up the property and he needs two more weeks to get funding together. Councilmember Bostrom moved to close the public hearing. Yeas – 6 Nays – 0 Councilmember Bostrom moved approval with no option of repair. Adopted Yeas – 6 Nays – 0 47. Resolution – 07-940 – Ordering the owner(s) to remove the property at 1457 Mechanic Avenue within fifteen (15) days from adoption of resolution. Marcia Moermond, Legislative Hearing Officer, appeared and stated the conditions have not been met; therefore, she recommended that the property be removed within 15 days with no option for rehabilitation. No one appeared in opposition; Bostrom moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 49. Resolution – 07-941 – Ordering the owner(s) to remove the property at 1471 Mechanic Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing October 3, 2007 City Council Summary Minutes Page 24 Officer recommends approval) Marcia Moermond, Legislative Hearing Officer, appeared and stated that no conditions have been met; therefore, she recommended that the property be removed within 15 days with no option for rehabilitation. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 50. Resolution Ratifying Assessment – 07-942 – In the matter of boarding up vacant buildings during June, 2007 [J0705B]; summary abatements (graffiti removal) on private properties from July 10 to July 17, 2007 [J0702P]; summary abatements (property clean- up) on private properties from July 13 to July 30, 2007 [J0712A]; and providing weekly garbage hauling services from July 18 to July 30, 2007 [J0712G]. (Legislative Hearing Officer recommends the following: 650 Blair Avenue (J0712A) - delete the assessment; 990 Burr Street (J0702P) - delete the assessment; 859 Case Avenue (J0712A) - approve the assessment; 754 Cook Avenue East (J0712A) - reduce the assessment from a total of $396 to a total of $200; 1557 Dale Street North (J0712G) - approve the assessment; 485 Edmund Avenue (J0712A) - approve the assessment; 32 Geranium Avenue East (J0712A) - reduce the assessment from a total of $556 to a total of $456; 696 Hawthorne Avenue East (J0712G) - delete the assessment; 691 Lafond Avenue (J0702P) - delete the assessment; 105 Manitoba Avenue (J0712A) - approve the assessment; 1885 Maryland Avenue East (J0712A) - approve the assessment; 1810 Randolph Avenue (J0702P) - delete the assessment; 776 Seventh Street East (J0712A) - delete the assessment; 256 Sherburne Avenue (J0712A) - delete the assessment; 542 Snelling Avenue South (J0702P) - delete the assessment; 1614 Western Avenue (J0712G) - approve the assessment; and 113 Winnipeg Avenue (J0712A) - approve the assessment) Additional Addresses: 1398 St. Clair Avenue (J0702P) - delete the assessment; and 271 Winifred Avenue (J0712A) - approve the assessment. Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas – 6 Nays – 0 October 3, 2007 City Council Summary Minutes Page 25 Marcia Moermond, Legislative Hearing Officer, recommended the following: 1) 1885 Maryland Avenue-refer back to Legislative Hearing, 2) 1398 St. Clair Avenue-delete, 3) 217 Winifred Street- approve the assessment, 4) 675 W. 7th Street-lay over to October 16 Legislative Hearing and November 7 City Council Public Hearing. 754 Cook Marcia Moermond stated that orders were issued on July 19 to remove bags of refuse, yard waste, and mattresses from the property with a compliance date of July 25. Six days later the property was reinspected and the work was not done. The total cost for the cleanup was $396. The owner thought the materials were the results of dumping. She recommended the Council decrease the assessment to $200. Ying Khang, owner of 2236 Matterhorn, appeared and stated the items were not hers. In the beginning it was on the other side of her property and someone pushed it onto her property. No one lived there in June or July. She should not have to pay for this and requested the Council eliminate the charge to her. She also requested the police look at this. Lantry responded that she understands that people are dumping on her property but the responsibility would still fall on her and not the City. She suggested that perhaps the owner should drive by the property every day. In answer to a question, Khang responded that she did not receive a notice. She did order a dumpster to clean her other properties. 113 Winnipeg Marcia Moermond recommended approval of the assessment. The property was cleaned up by the City for a total of $456. The owner indicated that she did not receive notice, and Code Enforcement indicates there was no returned mail. There is a history of summary abatement issues at this property. Nang Tran, owner, 113 Winnipeg, appeared and stated that this was a problem property. But he always deals with the requirement of the City inspectors. He requested that the assessment be reduced. Moermond stated that the videotape is available. 1885 Maryland Marcia Moermond stated that the owner was not aware that she needed to go to a Legislative Hearing prior to appearing at the City Council. Normally, she is able to catch October 3, 2007 City Council Summary Minutes Page 26 situations like this early in the evening, but the large volume of people caused this issue to be missed. Paulette Eklund-Lowe, owner, 14640 Scandia Trail north, Scandia, appeared and stated that she wanted to know why she has two bills for about $1,200. When she called the City, she was not told what the fees were for. Now, she realized there were 20 bags of garbage on her property on May 31 but it was not removed until July 16. She asked why that was so much and if there is a fee schedule. Lantry responded that the City charges for everything because they do not want to pick up the trash. Councilmember Bostrom suggested referring this matter back to Legislative Hearing. 217 Winifred Moermond stated the orders were issued on July 13 to remove garbage and cut grass for a compliance date of July 19. The work was done on July 23. The owners did appear and indicated they did not recall receiving any orders. Ron Johnson, owner, appeared and stated that he homesteaded it on June 30. He mowed the lawn on July 4, and then was gone for three weeks. He never received any kind of letters so he did not know anything about this until the day before when he went to the hearing. He is working on the house and putting in a new furnace. He said the trash was put there by someone else as it was not there when he left. He requested that the assessment be reduced. In response to a question of Lantry, Johnson said he has been there since June 30. He has not been there all the time because he works for himself and was helping his daughter. He mowed it four or five times this year. Lantry asked did he make arrangements to have the lawn mowed. Johnson responded no because he was going to mow it when he got back, but they are only talking about the garbage right now. It was not on the property; it was on the alley behind the fence. Moermond stated that notices were mailed to Winker Companies at 396 Beacon Avenue and to Ron Johnson and Diana Olson at 570 W. 78th Street #2001, Chanhassen. There was no return mail. Montgomery moved to close the public hearing. Yeas – 6 Nays - 0 Councilmember Bostrom moved approval as amended. Adopted as amended Yeas – 6 Nays – 0 51. Appeal of Patrick Cunningham to a Certificate of Occupancy, which includes Condemnation, for property at 891 Geranium Avenue East. (Condemnation Lifted by DSI-Fire Prevention) October 3, 2007 City Council Summary Minutes Page 27 Councilmember Bostrom moved to close the public hearing and deny the appeal. Appeal Denied Yeas – 6 Nays – 0 52. Appeal of Kathy Minarsich to a Certificate of Occupancy, which includes Condemnation, for property at 839 Jenks Avenue. (Legislative Hearing Officer recommends denying the appeal and granting an extension to October 31 to vacate the building) Councilmember Bostrom moved to close the public hearing and deny the appeal. Appeal denied and extension granted to October 31 to vacate the building. Yeas – 6 Nays – 0 53. Appeal of Robin Rohr to a Summary Abatement Order for property at 1834 Maryland Avenue East. (Legislative Hearing Officer recommends denying the appeal) Councilmember Bostrom moved to close the public hearing and approval. Appeal Denied Yeas – 6 Nays – 0 ADJOURNED at 10:10 P.M. ATTEST: _____________________________ _______________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: _January 9, 2008 ___________ Racquel Naylor Minutes approved by Council