Minutes 2-06-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, February 6, 2008 - 3:30 p.m.
PUBLIC HEARINGS – 5:30 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
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The meeting was called to order at 3:30 p.m. by Council President Lantry,
Present – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Thune
Absent – 0
CONSENT AGENDA (Items 1 - 35)
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.
Councilmember Carter requested item 14 be removed for discussion
Councilmember Thune moved approval of the consent agenda as amended.
Adopted as amended Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of William A. Bolek, Emily E. Engel, Angela D. Hardy, Timothy A. Moeckel Sr.,
Richard D. Renwick, Yoruba V. Scott, and Song Yang.
Referred to Risk Management
2. Summons and Petition for Writ of Certiorari in the matter of Malisa M. Brunotte vs. the
City of Saint Paul.
Referred to the City Attorney’s Office
February 6, 2008 City Council Summary Minutes Page 2
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on February 20, 2008 to consider the appeal of Dale
Capistrant to a decision of the Planning Commission granting a conditional use permit for
filling and replacing wetland, and variances of front yard setback and parking at 1384–
1412 Mayre Street and 1383-1415 Sylvan Street (between Arlington Avenue West and
Cottage Avenue West. [ZF 08-014-752]
4.Letters from the Department of Safety and Inspections/Code Enforcement declaring 329
Cesar Chavez Street, 98 George Street East, 1085 Jackson Street, 1333 Margaret Street,
242 Morton Street East, 800 Robert Street South, 164 Robie Street West, 861 St.
Anthony Avenue, and 586-586-1/2 Van Buren Avenue as nuisance properties, and setting
date of Legislative Hearings for February 26, 2008, and City Council public hearings for
March 19, 2008.
5.Letters from the Department of Safety and Inspections/Code Enforcement declaring 894
Albemarle Street, 428 Banfil Street, 970 Edgerton Street, 815 Fuller Avenue, 1085
Jackson Street, 214 Maple Street, 1333 Margaret Street, 800 Robert Street, 164 Robie
Street West, 594 Selby Avenue, and 359 Sidney Street East as nuisance properties. (For
notification purposes only; public hearings will be scheduled at a later date if necessary.)
6.Administrative Order:
D002694 Authorizing the Division of Parks and Recreation to execute all lease
agreements that mature in 2008 and are one year or less in duration.
On file with the City Clerk
FOR ACTION
7. Approval of minutes of December 5, 12, 19, and 26, 2007.
Adopted Yeas – 7 Nays – 0
8 . Resolution – 08-80 – Approving the January 1, 2008 through December 31, 2010
Collective Bargaining Agreement between the City of Saint Paul and Tri-Council Local
120, Local 49 and Local 132. [To be laid over one week for adoption]
Laid over to February 13 for adoption
9. Resolution – 08-81 – Approving the January 1, 2008 through December 31, 2010 Labor
Agreement between the City of Saint Paul and the American Federation of State, County,
and Municipal Employees, AFL-CIO, Local 2508-Clerical and Local 1842-Technical. [To
be laid over one week for adoption]
Laid over to February 13 for adoption
February 6, 2008 City Council Summary Minutes Page 3
10. Resolution – 08-82 – Approving the January 1, 2008 through December 31, 2010 Labor
Agreement between the City of Saint Paul and the Classified Confidential Employees
Association. [To be laid over one week for adoption]
Laid over to February 13 for adoption
11. Resolution – 08-83 – Approving the 2008-2010 Memorandum of Agreement between the
City of Saint Paul and AFSCME Local 1842-Technical. [To be laid over one week for
adoption]
Laid over to February 13 for adoption
12. Resolution – 08-84 – Approving the Memorandum of Agreement between the City of
Saint Paul and AFSCME Local 3757-Legal to modify Article 2.7 of the 2008-2010
Collective Bargaining Agreement. [To be laid over one week for adoption]
Laid over to February 13 for adoption
13. Resolution – 08-85 – Approving the Memorandum of Agreement between the City of
Saint Paul and AFSCME District Council 5, Local 2508-Clerical and Local 1842-
Technical employees regarding On-Call procedures/compensation. [To be laid over one
week for adoption]
Laid over to February 13 for adoption
14. Resolution – 08-86 – Declaring January 10, 2008 to be Tiny James Looney Day in the
City of Saint Paul for his contributions to American history and for his example of duty
and courage.
(Discussed after the consent agenda)
15. Resolution – 08-87 – Approving adverse action against the Gas Station,
Cigarette/Tobacco, and Retail Food (B) – Grocery license applications submitted by Andy
Hamline BP, 1347 University Avenue.
Adopted Yeas – 7 Nays – 0
16. Resolution – 08-88 – Amending the current year budget for adoption of the 2008 Capital
Maintenance Program recommendations.
Adopted Yeas – 7 Nays – 0
17. Resolution – 08-89 – Authorizing the Division of Parks and Recreation to purchase food
for Senior Citizen Programs and authorizing staff working the events to participate in
meals and other food offered.
Adopted Yeas – 7 Nays – 0
February 6, 2008 City Council Summary Minutes Page 4
18. Resolution – 08-90 – Encouraging the President of the United States to develop non-
unilateral, diplomatic, economic, and other non-violent strategies to implement the
responsibility to protect people in Darfur in coordination with the governments of the
North Atlantic Treaty Organization, the European Union, the African Union, the
Organization of the American States, and the Association of Southeast Asian Nations.
Adopted Yeas – 7 Nays – 0
19. Resolution – 08-91 – Authorizing the proper City officials to enter into a grant with the
Minnesota Department of Human Services for the Pre K Allowance Project through June,
2009.
Adopted Yeas – 7 Nays – 0
20. Resolution – 08-92 – Approving the use of Neighborhood STAR Investment Initiative
Program funds for a project in Ward 2.
Adopted Yeas – 7 Nays – 0
21. Resolution – 08-93 – Approving the December 18, 2007 decisions of the Legislative
Hearing Officer on Appeals of Letters, Correction Notices, and Letters of Deficiency for
properties at 1965 Ford Parkway, 738 Vandalia Street, 119 Geranium Avenue West, and
677 Jessamine Avenue East.
Adopted Yeas – 7 Nays – 0
22. Resolution – 08-94 – Memorializing City Council action taken January 16, 2008 denying
the appeal and extending the vacate date to February 1, 2008 for property at 1020 Carroll
Avenue, per the recommendation of the Legislative Hearing Officer.
Adopted Yeas – 7 Nays – 0
23. Resolution – 08-95 – Memorializing City Council action taken December 19, 2007
granting the appeal of David Roering, owner, to a decision of the Heritage Preservation
Commission conditionally approving construction of a four-stall garage, provided two
front yard curb cuts and driveways be removed, at 615-617 Holly Avenue, Hill Historic
District. [File No. 08-014]
Adopted Yeas – 7 Nays – 0
24. Resolution – 08-96 – Authorizing the Department of Planning and Economic
Development to apply to the Department of Employment and Economic Development for
a Redevelopment Grant for the Regional Indoor Farmers’ Market/Farmers’ Market Flats.
Adopted Yeas – 7 Nays – 0
February 6, 2008 City Council Summary Minutes Page 5
25. Resolution – 08-97 – Authorizing the Department of Planning and Economic
Development to apply to the Department of Employment and Economic Development for
Redevelopment Grants for the Frogtown Commons/Dale Street Village on University
Project.
Adopted Yeas – 7 Nays – 0
26. Resolution – 08-98 – Authorizing the Police Department to enter into a grant agreement
with the United States Department of Justice for a Cold Case Unit.
Adopted Yeas – 7 Nays – 0
27. Resolution – 08-99 – Establishing a 2008 financing and spending plan to purchase 234
Tasers for the Police Department.
Laid over to February 20 for a public hearing Yeas – 7 Nays – 0
28. Resolution – 08-100 – Authorizing the Department of Fire and Safety Services to enter
into a hazardous materials emergency response contract with the State of Minnesota,
Department of Public Safety.
Adopted Yeas – 7 Nays – 0
29. Resolution – 08-101 – Authorizing the Department of Fire and Safety Services to allow
Xcel Energy to use the Saint Paul Fire Department’s Training Facilities.
Adopted Yeas – 7 Nays – 0
30. Resolution – 08-102 – Authorizing the Department of Fire and Safety Services to accept a
donation of $250.00 from the Saint Patrick’s Association.
Adopted Yeas – 7 Nays – 0
31. Resolution – 08-103 – Approving a release of easements within recently vacated Rose
Avenue and alleys north and south of Rose for the subsequent development of the site for
Cub Foods.
Adopted Yeas – 7 Nays – 0
32. Preliminary Order – 08-104 – In the matter of acquiring property rights needed for the
Arlington-Arkwright Pond at 390 Arlington Avenue East for the public purpose of
expansion of said pond, and setting date of public hearing for February 20, 2008.
Adopted as amended (public hearing rescheduled to March 5, 2008)
Yeas – 7 Nays – 0
33. Resolution Approving Assessment – 08-105 – In the matter of the assessment of benefits,
cost, and expenses for repair of sanitary sewer connections from July to December 2007
[SWRP0703], and setting date of public hearing for March 5, 2008.
Adopted Yeas – 7 Nays – 0
February 6, 2008 City Council Summary Minutes Page 6
34. Resolution Approving Assessment – 08-106 – In the matter of the assessment of benefits,
cost, and expenses for replacement of Lead Water Service Lines as requested by the
property owner from July to December 2007 [0702LDSRP], and setting date of public
hearing for March 5, 2008.
Adopted Yeas – 7 Nays – 0
35. Resolution Approving Assessment – 08-107 – In the matter of the assessment of benefits,
cost, and expenses for tenant remedies action payment at 705 Hawthorne Avenue East #2
in December 2007, and setting date of public hearing for March 19, 2008. [TR0707]
Adopted Yeas – 7 Nays – 0
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14. Resolution – 08-86 – Declaring January 10, 2008 to be Tiny James Looney Day in the
City of Saint Paul for his contributions to American history and for his example of duty
and courage.
Councilmember Carter read the resolution and presented a plaque to members of Mr.
Looney’s family. A daughter of Mr. Looney expressed her appreciation on behalf of the
family.
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays
FOR DISCUSSION
36. Resolution – 08-15 – Approving the petition of Told Development to vacate alley rights
in the Lexington, Randolph, and Juno Avenues block in order to consolidate property for
redevelopment. (Public hearing held and laid over January 2)
Councilmember Harris said because the site plan has been appealed and he wished to
consider the resolution at the same time as the public hearing on the appeal on February
27, he moved to lay over the resolution three weeks.
Laid over to February 27 Yeas – 7 Nays – 0
37. Resolution – 08-67 – Adjusting the rates of pay for those titles that will be below the
minimum wage. (Laid over from January 23)
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays – 0
February 6, 2008 City Council Summary Minutes Page 7
38. Resolution – 08-108 – Requesting the Central Corridor Management Committee, as it
recommends a final project scope, to take action to ensure that neighborhoods along
University Avenue experience a net gain in transit service as a result of the construction
of the light rail line.
Councilmember Carter said there have been many efforts by the stakeholders in the light
rail project to insure that it meets its goals for economic development and economic
stability for the region and the state at large. It’s necessary to consider the importance of
this project to the local neighborhoods along the line. They should experience a net gain
in transit service as well as the economic opportunity provided. He talked about the stops
that are called for at Western, Victoria, and Hamline which are needed in terms of social
justice gains as far as the amount of transit dependency among the communities there and
to take advantage of the economic development opportunity that exists along University
Avenue.
Councilmember Carter moved approval.
Councilmember Stark talked about the opportunities with the additional stations saying
that it’s a way for the City to let people know this project would be improved with the
three stations. He feels there would be a decrease in service for many people without the
additional service. The additional stations would also create opportunities for
development, especially the Hamline station.
Councilmember Helgen said as they go forward and are negotiating with the Legislature
and the different authorities to get the requisite amount of money of $280 million, they
need to get the project going to meet the timelines.
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays – 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
PUBLIC HEARINGS ON ORDINANCES ARE HELD AT THE THIRD READING.
39. Second Reading – 08-79 – An ordinance amending Chapter 409 of the Saint Paul
Legislative Code, temporary wine and liquor licenses, to comply with state law.
Laid over to February 20 for third reading/public hearing
February 6, 2008 City Council Summary Minutes Page 8
40. First Reading – 08-109 – An ordinance memorializing City Council action granting the
appeal 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] (Public hearing
held October 3, 2007)
Laid over to February 13 for second reading
41. First Reading – 08-110 - An ordinance memorializing City Council action taken January
9, 2008 granting the application of Randolph Hill, LLC to rezone property at 1094
Randolph Avenue (block bounded by Randolph, Lexington, Juno, and I-35E) from RM2
Medium-Density Multiple-Family Residential and R2 One-Family Residential to TN2
Traditional Neighborhood. [Zoning File 07-179-230] (Public hearing held January 2,
2008)
Laid over to February 13 for second reading
The meeting was recessed from 3:45 to 5:30 p.m.
Roll Call: Present – 7 Absent – 0
PUBLIC HEARINGS
42. Resolution – 08-111 – Approving the application of the Dubliner Pub, represented by
Tom Scanlon, President, 2162 University Avenue West, for a sound level variance in
order to present live music, with limitations, on March 16 and 17, 2008 from 12:00 noon
to 12:00 midnight.
No one appeared in opposition; Councilmember Stark moved to close the public and
approval
Adopted Yeas – 7 Nays – 0
43. Resolution – 08-112 – Amending the financing and spending plans in the Department of
Planning and Economic Development by adding $64,000 for a grant received from the
Minnesota Homeownership Center to hire a Mortgage Foreclosure Prevention Counselor.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
February 6, 2008 City Council Summary Minutes Page 9
44. Resolution – 08-113 – Amending the financing and spending plans in the Division of
Parks and Recreation by adding $500 for a donation received from the H.B. Fuller
Company for the Orchard Recreation Center Boys 14 and Under Program.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
45. Final Order – 08-114 – In the matter of improving Selby Avenue from Kent Street to
Arundel Street by constructing a new bituminous surfaced street with concrete curb and
gutter, pedestrian ramps, concrete driveway aprons and outwalks, boulevards landscaped
with sod and trees, and a new above standard twin-arm lantern-style street lighting
system, and in the matter of the operation costs for the above standard street lighting
system for 2008 for the above project. [File No. 19050] (GS 3044665) (This item will be
laid over to February 20 for continuation of the public hearing)
Jeff Gardner, representing the Selby Area Business Association (SABA) read a statement
concerning access to business during this project and said that it would not be right for
one of St. Paul’s retail areas to be torn up during the summer while convention groups
and are visiting the Twin Cities to set up for the convention. SABA feels that scheduling
the project for 2008 would not be worth the risk and they encouraged approval of the
project with conditions noted in the statement He noted that there are several entities
involved in this project including public utilities which, he said, have acted as if they are
not accountable to the City or their customers. Also, prior contractors have left projects
to work on other projects leaving Selby Avenue closed. SABA will support the project
with conditions, which he listed
Gail Graham, General Manager of Mississippi Market and a member of the Selby Area
Business Association, talked about how disruptive this work can be to small businesses.
When work was done a number of years ago, it shut down the corner at different times.
The co-op still had access from Dale Street but the smaller businesses on Selby were hit
hard by the lack of access to their businesses. She asked the Council to consider the
conditions presented by Mr. Gardner and to delay the project for one year.
Charles Senkler, owner of Fabulous Ferns Restaurant, 400 Selby Avenue, talked about
the hard times he is facing with the smoking ban and increases in prices of many things
including the minimum wage increase. He is concerned about business being jeopardized
during the time of the RNC Convention if the project goes forward.
Anthony Tettamanzi, , LaGrolla Restaurant, 452 Selby Avenue, member of SABA, said
he supports their position and a delay in this work.
February 6, 2008 City Council Summary Minutes Page 10
Mary Zahasky, owner of BonVie Café, 518 Selby Avenue and A Piece of Cake, 485
Selby Avenue, said they were the recipient of a 2000-2001 STAR grant from the City.
She has no doubt that if the construction goes forward this summer that it will put both of
her out of business.
Weston Seifert, partner in The Happy Gnome on Selby Avenue, also expressed concern
about the fragile times and the impact the road construction would have at this time.
Teresa Christensen, representing Fleur de Lis flower shop, asked that the project not take
place until 2009.
Bonnie Alton, owner of Great Harvest Bakery on Selby, distributed a directory of the
Selby Area Business Association to the Council on behalf of the people who were not
able to testify and said that 20 businesses would be affected.
Craig Humes, Pizza Lucé, 1183 Selby Avenue, said the work will be done on a main
thoroughfare to Downtown. Based on conventions in other cities, the number one thing is
to not underestimate what’s going to happen.
Councilmember Carter read a communication received from Barb and Robert Nielsen and
Roy Kinsell at Arthur Murray Dance Studio, 534 Selby Avenue, saying they feel the
three-phase project proposed by the SABA is a reasonable alternative.
Councilmember Carter moved to continue the public hearing to February 20
Yeas – 7 Nays – 0
46. Final Order – 08-115 – In the matter of improving the area referred to as the Earl/McLean
RSVP (Residential Street Vitality Project) by constructing new bituminous surface streets
with concrete curb and gutter, concrete driveway aprons and outwalks, boulevards
landscaped with sod and trees, and a new lantern style lighting system and all other work
necessary to complete said project, bounded by Pacific Street on the north, Mound Street
on the west, Mounds Boulevard and Burns Avenue on the south, and Etna Street on the
east. [File No. 19044]
Mary Ann Martin, 976 McLean Avenue, appeared and said she could not afford the street
improvements that are proposed.
Nancy Larson, 271 Clarence Street, also said she also can not afford to pay for these
improvements. She said she was unaware of the community meeting so she does not
know anything about it.
February 6, 2008 City Council Summary Minutes Page 11
Donna Hartle, 1206 Pacific Street, questioned the storm sewer. Lantry directed her to
talk to Lisa Falk, Project Engineer.
Ron Corbett, 976 Pacific Street, talked about the traffic speed on Pacific and asked if a
speed posting could be considered. Lantry directed him to make his suggestion to Ms.
Falk.
Council President Lantry moved to close the public hearing. Yeas – 7 Nays – 0
Lisa Falk, Project Engineer, Department of Public Works, was questioned about the
notification and financing by Lantry. Ms. Falk said she would look into the notification
for Nancy Larson to see if her address was overlooked. She noted that a public meeting
was held in early December. Dave Nelson, Public Works, talked about the cost to
property owners and the financing.
Council President Lantry moved approval.
Adopted Yeas – 7 Nays – 0
47. Final Order – 08-116 – In the matter of acquiring and constructing a new Fire Station and
Administration Building for the Department of Fire and Safety Services to be located on
the northeast corner of Randolph Avenue and West Seventh Street and all other work
necessary to complete said improvement, including acquisition of 629 Randolph Avenue.
[File No. 207-09]
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Yeas – 7 Nays – 0
Councilmember Helgen asked if approval means that the land will be acquired and the
entire project will move forward. Dave Nelson, Public Works/Real Estate, responded
that in the 2008 budget, the Council approved $1 million which went toward design fees
and acquisition costs. This Final Order is to acquire the last piece of property for that
site. The other pieces of property were acquired through the Housing and Redevelopment
authority.
Adopted Yeas – 7 Nays – 0
48. Public hearing to consider the appeal of Winston Kaehler to a decision of the Planning
Commission determining that use of 1704 Palace Avenue (between Davern and Wheeler
Streets) to house volunteers in a program run by the Sisters of St. Joseph of Carondelet is
similar to a convent, monastery or religious retreat. [ZF 07-227-455]
February 6, 2008 City Council Summary Minutes Page 12
Yang Zhang, Department of Planning and Economic Development, gave a staff report.
She stated that 1704 Palace is a single-family home located in the Macalester Groveland
area. It has been leased to the Sisters of St. Joseph to house six female volunteers. The
zoning code allows up to four unrelated individuals in a single dwelling unit. The Sisters
have applied for a Determination of Similar Use Permit to find the use similar to a
convent, monastery, or religious retreat to house the six volunteers. The Zoning
Committee held a public hearing on December 6, 2008 and voted 4-1 to approve the
application with the conditions. The Planning Commission met on December 14, 2008
and voted 11-7 to approve the permit subject to seven conditions:
1) The number of residents shall be limited to six;
2) Structural alterations that would make conversion of the building to a single family
home use difficult will not be permitted. Any addition to the structure must be
reviewed and approved by the Planning Commission;
3) The number of off-street parking spaces shall not be reduced. Currently, there is a
two-car detached garage and a driveway that could accommodate two additional
vehicles;
4) The permit is only valid for the current use; i.e., it has to be used by the Sisters of St.
Joseph for this specific purpose;
5) The property is for the sole use of housing and not for public gatherings;
6) The number of cars associated shall be limited to six or fewer, and
7) The approval shall be revoked if the property receives more than four citations for fire
code violations within any 12-month period.
The District 14 Community Council has recommended approval subject to conditions. At
the public hearing, no one spoke in support and four people spoke in opposition. Nine
letters were received in support, six letters in opposition, and one petition.
Winston Kaehler, the appellant, 1712 Palace Avenue, appeared and said there seems to be
errors of fact or flawed reasoning that has not been corrected in the application, in the
Zoning staff report, in resolutions issued by the Planning Commission and its Zoning
Committee and, as of this date, in community newspaper coverage of the issue. The
Determination of Similar Use should have been sought before rather than after the use
was initiated.
Kaehler talked about parking problems saying there are only two functional off-street
parking spaces at the house for the six vehicles allowed in the application. He said the
neighborhood approves of this program and supports their work. However, he questioned
why each person needs a car and if the number of vehicles could be reduced.
Approximately 20 neighboring households have stated they do not favor increasing the
number of tenants at the house. The consensus of the neighbors is that there is a trend on
the block, and in residential neighborhoods in St. Paul as a whole, towards absentee
ownership of residential property to be used for income purposes and often at the expense
February 6, 2008 City Council Summary Minutes Page 13
of amenities for owner-occupied homes. City officials should be more aware of this and
more proactive in dealing with the concerns of local residents relating to this trend in both
residential property ownership as well as commercial property development. The similar
use designation is debatable not only because of the private car issue but also as it relates
to the legal precedence used to support the claim. He concurred that the tenants will be of
good character but questioned whether that warrants granting a special classification and
a higher occupancy limit. Further, this issue may not have been raised if it were the only
block to be converted to income property in recent years. However, there are now three
houses in a row plus two more on the block that have been converted. Kaehler said he
and many of his neighbors feel it is inappropriate for City officials to accelerate and
encourage this conversation process. They feel that issues of density, neighborhood
balance, and parking space warrant limiting the number of tenants or at least the number
of automobiles at that address to four rather than six.
Jeff Abrahamson, Attorney with Briggs and Morgan, representing the Sisters of St.
Joseph of Cardondelet, appeared. Sister Suzanne, the director, and the volunteers
introduced themselves. He expressed appreciation for the involvement of the neighbors,
including those in opposition, because it shows they care about the community. That is
one of the key factors of the Sisters and the St. Joseph Worker Program for wanting to
remain in this community. Part of the program involves developing a community among
the women and going out into the community and doing service work.
Mr. Abrahamson said they do not feel there has been any error in the findings of the
Planning Commission. The Macalester Groveland Community Council, the Planning
Commission, and the Zoning Committee all voted in favor, and City staff has
recommended approval. He addressed the issues that were brought up by Mr. Kaehler
including the number of vehicles, the definition of convent and monastery, rental
property, density, etc.
Sister Suzanne stated that the St. Joseph Worker Program is a ministry of the Sisters of
St. Joseph and is supported by the Sisters of St. Joseph. She talked about the start of this
community in 1650 in France in order to meet the needs of the time and help young
women to become leaders. They came to Minnesota in 1851 and established schools and
hospitals and have continued to work with women so they can become leaders in their
community and see themselves as global neighbors. In 1998 the Sisters of St. Joseph
decided they would try to start a program for young women and it was then started in
2002. At the end of this year, there will be 45 women who have gone through the
program. They stay in the community houses for one to two years, are considered part of
the religious community during that time, and they learn the chrism of loving God and
neighbor without distinction.
February 6, 2008 City Council Summary Minutes Page 14
Krista Senden, a volunteer with the Sisters of St. Joseph talked about the reasoning for a
community of women being together. She said she joined knowing that she wanted
community, solidarity, simplicity and service to be at the core of, hopefully, the rest of
her life.
Councilmember Harris moved to close the public hearing. Yeas – 7 Nays – 0
Councilmember Harris said he does not feel the Planning Commission erred. He
acknowledged the concerns of the neighbors but said the Sisters of St. Joseph are nothing
less than exemplary. This is a great program and communities of young people are
important to social justice and they are great neighbors. The conditions put on by the
Planning Commission protect the quality of the neighborhood, etc.
Councilmember Harris moved to deny the appeal.
Motion of Intent – Appeal Denied Yeas – 7 Nays – 0
49. Public hearing to consider the application of Shaw/Stewart Lumber Company for a
subdivision (plat) for Lawyer Heights in order to create two new parcels at 217 Como
Avenue. [ZF 05-221-710]
Council President Lantry noted that the applicant requested the public hearing be
continued to March 5. No one appeared in opposition; Councilmember Carter moved to
continue the public hearing to March 5.
Public hearing continued to March 5, 2008 Yeas – 7 Nays – 0
50. Public hearing to consider the application of William Edrington to rezone property at 180
George Street West, between Bellows and Waseca Streets, from RT1 (Two-Family
Residential) to RT2 (Townhouse Residential) to legalize a triplex. [ZF 07-179-179]
Patricia James, Department of Planning and Economic Development, gave a staff report
say there was a fire at the property and it was significantly damaged. When it was
reconstructed, a full story was added in the attic. It was legal as a duplex but converted
illegally into a triplex sometime after all the inspections were done. There is a new owner
who has submitted an application to rezone the property to RT2 to make it a legal triplex.
Staff recommended denial of the rezoning, District 3 recommended approval, and the
Zoning Committee recommended approval. Three people spoke in support and one letter
was received. There was no opposition at the meeting and one letter was received in
opposition. The Planning Commission also recommended approval on a vote of 10-6.
No one appeared in opposition.
February 6, 2008 City Council Summary Minutes Page 15
Councilmember Thune said this is something he would normally not consider approving
but the neighbor has established a lot of good-will in the neighborhood and with the
community council. However, there still were issues he wanted to discuss and he moved
to continue the public hearing for two weeks.
Public hearing continued to February 20 Yeas – 7 Nays – 0
(Thune left the meeting at this time)
51. Resolution – 07-646 – Ordering the owner to remove or repair the building(s) at 851
Conway Street within fifteen (15) days from adoption of resolution. [Public hearing held
July 18; laid over August 1, September 5, November 7, and January 2; referred back to
January 22 Legislative Hearing and February 6 Public Hearing] (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, said she has received a rehab plan that
has been prepared for this building, a financial plan that indicates the capacity to
complete the rehabilitation, and the vacant building fees have been paid. She is still
waiting on completion of the sale (there is a purchase agreement in place), and for the
bond to be posted. She requested a two-week layover.
(Councilmember Thune left the meeting at this time)
No one appeared in opposition; Lantry moved to close the public hearing and lay over
two weeks.
Laid over to February 20 Yeas – 6 Nays – 0
52. Update on the status of 343 Maple Street. (Public hearing held July 18)
Marcia Moermond, Legislative Hearing Officer, provided an update saying a rehab plan
was presented along with financing to execute the rehabilitation, and the bond was
posted. No work occurred during the six-month time period and, therefore, the bond was
forfeited. The mortgage company has now hired a new management agency. Their plan
is to stabilize the structure. Ms. Moermond has been working with them and if the
$10,000 bond is posted and they come forward with a stabilization plan for the building,
she would recommend that Council continue the matter for one to two years and re-visit it
at that time. She suggested allowing 120 days to stabilize the foundation, the exterior, the
roof --- the things that could further deteriorate the structure if they are not taken care of.
No one appeared in opposition; Council President Lantry moved to grant 120 days to
stabilize the property and to continue the public hearing to February 4, 2009.
Yeas – 4 Nays – 0 (Bostrom, Harris not present)
February 6, 2008 City Council Summary Minutes Page 16
53. Resolution – 08-117 – Ordering the owner to remove or repair the building(s) at 955 Burr
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's
recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, said that all of the conditions have been
met and she recommended granting the owner 180 days to complete rehabilitation of the
property with a report back in 60 days.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing. Yeas – 4 Nays – 0 (Bostrom and Harris not present)
Councilmember Helgen moved approval as amended.
Adopted as amended (180 days granted to remove or repair the building)
Yeas – 6 Nays – 0
(Council directed that they be provided with a progress report in 60 days)
54. Resolution – 08-118 – Ordering the owner to remove or repair the building(s) at 894
Clark Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated that no plans were forthcoming on
this property and she recommended it be removed within 15 days with no option for
repair.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval as amended.
Adopted as amended (remove within 15 days with no option for repair)
Yeas – 6 Nays – 0
55. Resolution – 08-119 – Ordering the owner to remove the building(s) at 470 Lawson
Avenue West within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated that no one appeared at the
Legislative Hearing and she recommended the building be removed within 15 days with
no option for repair.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
February 6, 2008 City Council Summary Minutes Page 17
56. Resolution – 08-120 – Ordering the owner to remove or repair the building(s) at 977 Rice
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's
recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated that all of the items required for
rehabilitation have been brought forward, therefore, she recommended granting 180 days
for rehabilitation.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing. Yeas – 6 Nays – 0
Councilmember Helgen moved approval as amended and requested a report be provided
in 60 days.
Adopted as amended (180 days granted to remove or repair the building)
Yeas – 6 Nays – 0
57. Resolution – 08-121 – Ordering the owner to remove or repair the building(s) at 262
Sidney Street East within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended the Council grant 120
days for rehabilitation. The current owner, which is a bank, has hired a company to do
the rehabilitation. If the building is sold, it would have to come back before the City
Council to make sure that those plans are consistent with the Code Compliance
requirements.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval as amended.
Adopted as amended (120 days granted to the current owner to rehabilitate the building
using the accepted work plan)
Yeas – 6 Nays – 0
58. Resolution – 08-122 – Ordering the owner to remove or repair the building(s) at 587 State
Street within one-hundred eighty (180) days from adoption of resolution. (Legislative
Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, recommended granting 180 days for
rehabilitation of the structure.
February 6, 2008 City Council Summary Minutes Page 18
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
59. Resolution – 08-123 – Ordering the owner to remove the building(s) at 619 Wells Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
60. Resolution – 08-124 – Ordering the owner to remove the building(s) at 869 Westminster
Street within five (5) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
61. Resolution – 08-125 – Ordering the owner to remove the building(s) at 505 Whitall Street
within thirty (30) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, said it was the owner’s intention to
demolish this building but bids are being sought to see if the owner can do it more
affordably than what the City proposes. The 30 days is to give the owner time to seek
bids.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing. Yeas – 6 Nays – 0
Councilmember Helgen noted that there have been eleven summary abatement notices
since 2005 and eight work orders on this property. He called this an unusual amount of
City activity to monitor. He said the property owner should be reminded to be very
diligent about maintaining the sidewalks and the property during this time.
Councilmember Helgen moved approval.
Adopted Yeas – 6 Nays – 0
February 6, 2008 City Council Summary Minutes Page 19
62. Resolution – 08-126 – Ordering the owner to remove or repair the building(s) at 1500
York Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, said she has been working with the
owner of this property, Mr. Guptil. She pointed out that the vacant building fees were
due and owing in the amount of $1,375. The $5,000 performance bond had been posted,
and a code compliance inspection was done. However, there were 15 summary
abatement orders and 15 work orders in the last two years. When the work plan and the
financial information come forward, she said she is vigilant to make sure that they are not
only satisfactory but thorough and complete. She found the work plans to be brief and
the estimates for the rehabilitation were less than half of what the City estimates were.
Mr. Guptil indicates he is a developer and understands what the rehabilitation will cost
him and that it will not be as expensive as what the City is estimating. He requested an
additional week to redevelop the plans so they are in greater conformance with what is
normally required in these circumstances. Moermond said her recommendation was to
order the building to be removed within fifteen days; however, she would find it
acceptable to continue the matter for one week so the work plans can be further
developed and give Guptil a further chance.
Mr. Guptil, owner of 1500 York Avenue, acknowledged that 15 work orders have been
issued said the house is not visible from the street so it is not impinged on the neighbors’
property values, it’s isolated from the street and is prone to people breaking into the
property. He said he has paid for a number of work orders for removal of appliances, etc.
He has ordered an alarm system to be installed about the same time as the rehabilitation is
started. He also has people interested in renting. He asked for one week to present a plan
to Ms. Moermond.
Councilmember Bostrom moved to close the public hearing. Yeas – 6 Nays – 0
Bostrom said the property is a problem and he is disappointed that the owner has not done
anything up to this point but added that Mr. Guptil has a history of doing quality work.
Councilmember Bostrom moved to lay over one week.
Laid over to February 13 Yeas – 6 Nays – 0
February 6, 2008 City Council Summary Minutes Page 20
63. Resolution Ratifying Assessment – 08-127 – In the matter of the assessment of benefits,
cost, and expenses for summary abatements (graffiti removal) on private properties from
September 11 to October 20, 2007 [J0706P]; summary abatement (property clean up) on
private properties from September 14 to October 12, 2007 [J0716A]; providing weekly
garbage hauling services from September 14 to October 10, 2007 [J0716G]; and towing
abandoned vehicles from private properties during July 2007 [J0705V]. (Legislative
Hearing Officer recommends the following:
Blair Avenue (J0716G) - reduce the assessment from a total of $170 to a total of $85;
128 Cesar Chavez Street (J0706P) - delete the assessment;
909 Cook Avenue East (J0716A) - delete the assessment;
687 Edmund Avenue (J0716G) - recommendation is forthcoming; reduce the assessment
from a total of $570 to a total of $120;
275 Fourth Street East (J0706P) - delete the assessment;
202 Genesee Street (J0716A) - approve the assessment;
202 Genesee Street (J0716G) - approve the assessment;
717 Geranium Avenue East (J0716A) - approve the assessment;
589 Gotzian Street (J0716A) - approve the assessment;
217 Grotto Street North (J0705V) - approve the assessment;
1004 Grotto Street North (J0716A) - reduce the assessment from a total of $654 to a total
of $290;
1780 Hyacinth Avenue East (J0706P) - delete the assessment;
1358 James Avenue (J0706P) - delete the assessment;
732 Jessamine Avenue East (J0705V) - approve the assessment;
753 Lafond Avenue (J0716A) - approve the assessment; lay over to the February 19
Legislative Hearings and March 5 City Council public hearings
106 Magnolia Avenue West (J0716G) - delete the assessment;
908 Margaret Street (J0716A) - delete the assessment;
1111 McLean Avenue (J0716A) - approve the assessment;
1995 Minnehaha Avenue East (J0716A) - approve the assessment;
2090 Minnehaha Avenue East (J0716A) - reduce the assessment from a total of $258 to a
total of $129;
701 Rose Avenue East (J0706P) - delete the assessment;
1641 Saunders Avenue (J0706P) - delete the assessment;
1605 Selby Avenue (J0706P) - delete the assessment;
425 Seventh Street West (J0706P) - delete the assessment;
762 Thomas Avenue (J0705V) - delete the assessment; and
288 Winona Avenue East (J0706P) - delete the assessment.)
Ms. Moermond made changes which are underlined above.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
February 6, 2008 City Council Summary Minutes Page 21
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
64. Resolution Ratifying Assessment – 08-128– In the matter of the assessment of benefits,
cost, and expenses for boarding up vacant buildings during August, 2007 [J0707B];
summary abatement (graffiti removal) from October 13 to October 23, 2007 [J0707P];
summary abatement (excessive consumption of inspection services) for property code
violations from June 28 to August 1, 2007 [J0706E]; summary abatement (property clean
up) on private property from October 15 to October 30, 2007 [J0717A]; weekly garbage
hauling from October 15 to October 30, 2007 [J0717G]; towing abandoned vehicles from
private property during August 2007 [J0706V]; demolition of vacant buildings at 78
Sycamore Street East and 614 Wells Street during November 2007 [J0704T2]; and
removing diseased elm trees from 652 Sims Street in 2007 [0704T2]; (GS 3046310)
(Legislative Hearing Officer recommends the following:
358 Aurora Avenue (J0717A) - approve the assessment;
1153 Central Avenue West (J0706V) - approve the assessment;
846 Clear Avenue (J0706E) - reduce the assessment from a total of $70 to a total of $20;
1230 Edgerton Street (J0717G) - reduce the assessment from a total of $395 to a total of
$200;
687 Edmund Avenue (J0717G) - recommendation is forthcoming delete the assessment;
864 Fuller Avenue (J0706E) - approve the assessment;
5 George Street West (J0706E) - approve the assessment;
931 Iglehart Avenue (J0717A) - delete the assessment;
1876 Ivy Avenue East (J0717A) - approve the assessment;
678 Jessamine Avenue East (J0717A) - approve the assessment;
643 Kent Street (J0717A) - approve the assessment;
753 Lafond Avenue (J0717G) - approve the assessment; lay over to the February 19
Legislative Hearings an the March 5 City Council public hearings;
676 Magnolia Avenue East (J0717A) - approve the assessment;
391 and 405 Maryland Avenue West (J0717A) - delete the assessment;
1036 Minnehaha Avenue West (J0717A) - approve the assessment and spread the
payments over three (3) years;
976 Pacific Street (J0717A) - approve the assessment and spread the payments over four
(4) years;
727 Parkway Drive (J0717A) - approve the assessment;
1024 Ross Avenue (J0717A) - approve the assessment;
691 St. Anthony Avenue (J0717A) - delete the assessment;
733 Sherburne Avenue (J0717G) - delete the assessment;
640 Victoria Street South (J0717A) - laid over to the February 19 Legislative Hearing and
the March 5 City Council Public Hearing;
February 6, 2008 City Council Summary Minutes Page 22
1411 Virginia Street (J0717A) - approve the assessment;
1614 Western Avenue North (J0717G) - approve the assessment;
1319 Westminster Avenue (J0707B) - approve the assessment;
936 White Bear Avenue (J0717A) - approve the assessment;
217 Winifred Street (J0707B) - delete the assessment;
643 Winslow Avenue (J0717A) - approve the assessment; and
643 Winslow Avenue (J0707B) - approve the assessment.)
Regarding 976 Pacific, Marcia Moermond, Legislative hearing Officer, stated she held
two hearings. Orders were issued on September 19, 2007 to remove refuse, trash, and
debris from the yard with a compliance date of September 26. On that date, the property
owner called and requested an extension which was granted to September 28. On that
day, the property was re-inspected and an additional extension was requested. The
extension was granted but the work was still not done. A work order was sent to Parks
and they did the cleanup on October 23 for a total cost was $440.00. The owners were
present at the hearing and claimed that the work had been done and that the inspector told
them that it was ok and taken care of. Moermond said she followed up with the inspector
on what had been communicated to the owners and he indicated that the property was
worse when he returned in October and he would not recommend that any additional time
be granted.
A video was shown of the property.
Ron Corbett, 976 Pacific Street, property owner, gave his version of what took place with
the inspectors. He said the date of the abatement is not based on any notice. The time
stamp on the video of October 22 but the abatement took place on October 23. He gave a
detailed accounting of the events that transpired with this issue and said his family
worked diligently cleaning up the property.
Councilmember Lantry moved to close the public hearing. Yeas – 6 Nays – 0
Lantry asked if there were orders given subsequent to September 17. Moermond
responded that as far as she knew, no additional orders were issued but extensions were
granted on the original set of orders. There is a difference of opinion as to what was
verbally communicated. She scheduled the second hearing in case the inspector’s
testimony differed from the neighbors’ testimony so they could put additional information
on the records.
Council President Lantry expressed concern if orders were issued on September 17 and
the City did not get to the property until October 22 or 23 which was over a month to
clean up the yard. She moved to spread the $440.00 assessment over four years.
February 6, 2008 City Council Summary Minutes Page 23
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0 (Thune not present)
65. Appeal of Charlotte Murray to an Excessive Consumption of Inspection Services charge
for property at 872 Galtier Street. (Legislative Hearing Officer recommends granting the
appeal on the excessive consumption charge and allowing the property owner to be on the
property from 8 a.m. to 10 p.m. beginning January 22 to February 8.)
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and grant the appeal
Appeal granted (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
66. Appeal of Paul Stefanyshyn to a Correction Notice for property at 98 Garfield Street.
(Legislative Hearing Officer recommends denying the appeal and granting an extension to
March 14, 2008 to complete the repairs, on the condition the first floor bathroom not be
used until repaired.)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and deny the appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
67. Appeal of David McGee, on behalf of Henry Zaiden, to a Revocation of the Certificate of
Occupancy, which includes Condemnation, for property known as Lowertown Parking
Ramp, 255 Sixth Street East.
Marcia Moermond, Legislative Hearing Officer, requested the Council refer this matter
back to a Legislative Hearing on February 12 and a City Council public hearing on
February 20 in order for an accommodation to be reached.
Councilmember Harris moved the layovers (per the recommendation of the Legislative
Hearing Officer) Yeas – 6 Nays – 0
February 6, 2008 City Council Summary Minutes Page 24
Councilmember Harris moved to adjourn the meeting.
ADJOURNED at 7:20 P.M.
ATTEST:
_____________________________ ___________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: __April 2, 2008 ___________
Mary Erickson Minutes approved by Council