Minutes 3-19-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 19, 2008 - 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.stpaul.gov/council and click on Watch the Live
Webcast.
The meeting was called to order at 3:30 p.m. by Council President Lantry.
Present – 5 – Bostrom, Carter, Helgen, Lantry, Stark
Absent – 2 – Harris and Thune (arrived after the consent agenda)
CONSENT AGENDA (Items 1 - 30)
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 Helgen removed item 28 for discussion.
Councilmember Stark moved approval of the consent agenda as amended.
Adopted as amended Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Sharon L. Anderson & William P. Dohn, CMR (for Qwest), Angela Denk,
Fred H. Dreier, Rebecca A. McKenzie, Kelly D. McTighe, and Gerald T. Petschen.
Referred to Risk Management
2. Letter from the Office of the City Attorney announcing an amended notice of
violation/notice of administrative hearing on March 27, 2008 at 9:30 a.m. in Room 220,
County Commissioners’ Office, City Hall/Courthouse (large conference room), 15 West
Kellogg Boulevard, concerning all licenses held by International Network Association,
Inc., d/b/a Luxor Lounge, 719 Dale Street North.
March 19, 2008 City Council Summary Minutes Page 2
3. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on April 2, 2008 to consider the petition of the Housing
and Redevelopment Authority of the City of Saint Paul to vacate alley rights in the Otto
Avenue and Shepard Road block in order to consolidate property for redevelopment.
4. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on April 2, 2008 to consider the petition of Warehouse
Rental Company, LLC to vacate platted alleys and parts of Baker and Hersey Streets,
between Capp Road and Endicott Streets, in order to “clean up” title work for re-platting.
5. Letters from the Department of Safety and Inspections declaring 990 Reaney Avenue, 97
Sycamore Street West, and 982 Woodbridge Street as nuisance properties. (For
notification purposes only; public hearings will be scheduled at a later date if necessary.)
6. Administrative Order:
D002703 Amending the budget in the Department of Planning and Economic
Development to reflect the allocation of STAR funds awarded through
Ward 3 Neighborhood Investment Initiative Program and make corrections
to previous Neighborhood STAR funding allocations.
On file with the City Clerk
FOR ACTION
7 Resolution – 08-260 – Approving the retention of Lockridge, Grindal, Nauen, and Goff &
Howard as Legislative Consultants for 2008.
Adopted Yeas – 5 Nays - 0
8 Resolution – 08-261– Authorizing Lisa Cariveau, Mayor’s Office, to accept a gift of
travel from Woodrow Wilson International Center for Scholars to attend a conference on
Early Childhood Development and Education and Policy Development in Tulsa,
Oklahoma on March 26, 2008.
Adopted Yeas – 5 Nays - 0
9. Resolution – 08-262 – Authorizing the Mayor’s Office and the Division of Parks and
Recreation to purchase food and beverages for meetings which occur over meal times, not
to exceed $500.00.
Adopted Yeas – 5 Nays – 0
10 Resolution – 08-263 – Authorizing staff in the Department of Planning and Economic
Development to accept and process Cultural STAR applications from Park Square
Theatre, an organization on the Adverse Lending List.
Adopted Yeas – 5 Nays – 0
March 19, 2008 City Council Summary Minutes Page 3
11. Resolution – 08-264 – Authorizing the Department of Fire and Safety Services to allow
Northern States Power Company, d/b/a Xcel Energy, to use their fire training facilities.
Adopted Yeas – 5 Nays – 0
12. Resolution – 08-265 – Authorizing a City Inspector to accept a $1,500.00 scholarship
from the Minnesota Pipe Trades to attend the International Association of Plumbing and
Mechanical Officials’ Uniform Plumbing and Mechanical Code Technical Committee on
May 5-9, 2008 in Denver, Colorado.
Adopted Yeas – 5 Nays – 0
13. Resolution – 08-266 – Memorializing City Council action taken February 20, 2008
denying 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. [ZF 08-
014-752]
Adopted Yeas – 5 Nays – 0
14. Resolution – 08-267 – Memorializing City Council action taken February 20, 2008
denying the appeal, with conditions, of Hal Clapp and James Ferstle to a decision of the
Planning Commission approving a site plan for a new commercial development that
includes a Trader Joe’s grocery store at 1094 Randolph Avenue (southeast corner at
Lexington Parkway). [ZF 08-021704]
Adopted Yeas – 5 Nays – 0
15. Resolution – 08-268 – Authorizing the Division of Parks and Recreation to enter into a
two-year agreement with Merrick Community Services for management of the Eastview
Recreation Center, 1675 East Fifth Street.
Adopted Yeas – 5 Nays – 0
16. Resolution – 08-269 – Proclaiming May 31, 2008 as the annual Play Day in the City of
Saint Paul.
Adopted Yeas – 5 Nays – 0
17. Resolution – 08-270 –Approving the application of the Division of Parks and Recreation
for The Governor’s Fit City Program.
Adopted Yeas – 5 Nays – 0
18. Resolution – 08-271 – Approving the January 15, 2008 decision of the Legislative
Hearing Officer on Appeals of Letters of Deficiency and Correction Notices for properties
at 845 Conway Street, 2082 Marshall Avenue, and 326 Baker Street East.
Adopted Yeas – 5 Nays – 0
March 19, 2008 City Council Summary Minutes Page 4
19. Resolution – 08-272 – Approving the February 21, 2008 decision of the Legislative
Hearing Officer on Appeals of Letters of Deficiency and Condemnation Order for
properties at 288 Laurel Avenue, 2188 Glenridge Avenue, and 285 Florida Street.
Adopted Yeas – 5 Nays – 0
20. Resolution – 08-273 – Approving the application with conditions, per the Legislative
Hearing Officer, for a Recycling Processing Center license for Metro Wood Recycling,
Inc., 555 Barge Channel Road.
(moved to public hearings - first item)
21. Resolution – 08-274 – Approving the application with conditions, per the Legislative
Hearing Officer, for Retail Food (C)-Grocery, Cigarette/Tobacco, and Malt Off Sale
Licenses by AMAN Corporation, d/b/a Minni Market, 2019 Minnehaha Avenue East.
(GS 3050914)
Adopted Yeas – 5 Nays – 0
22. Resolution – 08-275 – Approving the application, per the Legislative Hearing Officer, for
an Extension of the Outdoor Liquor Service Area (which will allow the licensee to
expand the patio service area on the east side of the building) by Monkey Boys, Inc., d/b/a
Dixie’s Bar & Smokehouse Grill, 695 Grand Avenue.
Adopted Yeas – 5 Nays – 0
23. Resolution – 08-276 – Approving adverse action against all licenses held by Anwar Am
Sarama, d/b/a Twins Market, 1055-4th Street East.
Adopted Yeas – 5 Nays – 0
24. Resolution – 08-277 – Approving adverse action against the Massage Practitioner license
held by Benjamin L. Hill-Jacobsen for the City of Saint Paul.
Adopted Yeas – 7 Nays – 0
25. Resolution – 08-278 – Authorizing the Police Department to enter into an agreement with
the State of Minnesota, Dakota County Technical College, to provide Emergency Vehicle
Operation Course Training to newly hired police recruit officers.
Adopted Yeas – 5 Nays – 0
26. Resolution – 08-279 – Authorizing the Police Department to enter into a Joint Powers
Agreement with the City of Maple Grove, acting through its Police Department, to
participate in the Internet Crimes Against Children (ICAC) Task Force of the Saint Paul
Police Department.
Adopted Yeas – 5 Nays – 0
March 19, 2008 City Council Summary Minutes Page 5
27. Resolution – 08-280 – Authorizing the Police Department to enter into a Joint Powers
Agreement with the Forest Lake Police Department to participate in the Internet Crimes
Against Children (ICAC) Task Force.
Adopted Yeas – 5 Nays – 0
28. Resolution 08-281 – Authorizing the Police Department to negotiate and execute a Joint
Powers Agreement and/or Reimbursement Agreement with each State and Local
Enforcement Partner for the 2008 RNC.
(Discussed after the consent agenda)
29. Resolution – 08-282 – Authorizing the proper City officials to grant a permanent Electric
Easement to Northern States Power Company, d/b/a Xcel Energy, near the RiverCentre
parking ramp.
Adopted Yeas – 5 Nays – 0
30. Resolution Approving Assessment – 08-283 – In the matter of the assessment of benefits,
cost, and expenses for summary abatements (graffiti removal) on private properties from
February 16-27, 2008 [J0803P]; summary abatements (property clean-up) on private
properties from February 12-27, 2008 [J0804A]; weekly garbage hauling services from
February 15-27, 2008 [J0804G]; boarding up vacant buildings during February 2008
[J0801B];and setting date of public hearing for May 7, 2008.
Adopted Yeas – 5 Nays – 0
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28. Resolution 08-281 – Authorizing the Police Department to negotiate and execute a Joint
Powers Agreement and/or Reimbursement Agreement with each State and Local
Enforcement Partner for the 2008 RNC.
Council President Lantry welcomed Assistant Chief (A/C) Matt Bostrom to address any
questions the Council may have.
Councilmember Helgen stated that the City is currently at the point in planning for the
RNC where negotiations have been made with other jurisdictions for security during the
convention. As such, it is necessary to get on the record what the City’s expectations are
and what the JPA allows.
Councilmember Helgen stated that the expectation is that all Officers from other
jurisdictions would be paired with or under the command of the SPPD. He then
questioned the appearance of the Officers.
A/C Bostrom stated that the RNC would be similar to past presidential details. Officers
would be primarily dressed in the practical, relevant uniform of the day. All Officers are
equipped with and trained to use riot gear as a standard operating procedure. The
March 19, 2008 City Council Summary Minutes Page 6
deployment of riot gear is determined by the use of force continuum, not by an
international event that is scheduled to be held in the City.
Councilmember Helgen questioned how information and surveillance would be gathered
and disseminated by the Police Department and the other jurisdictions.
A/C Bostrom stated that the intention was to remain consistent with the values of the City
of Saint Paul and the Saint Paul Police Department. All action by the Police Department
would continue to be behavior based, not assumption based. Threats and action will be
followed up on to determine if they are warranted. Freedom of speech rights will not be
impinged upon nor will it warrant extra scrutiny unless it has been deemed necessary
because of actions taken. Other agencies would be subject to the same rules that govern
Saint Paul.
Councilmember Helgen questioned the JPA’s plans for Officer Safety.
A/C Bostrom stated that other agencies would be contained under the Saint Paul umbrella
of control. It has been made clear during discussion of the JPA, and is part of standard
operating procedure, that outside jurisdictions will be present to assist and support under
command of the Saint Paul Police Department.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
31. Resolution – 08-164 – Ordering the owner to remove the building(s) at 314 Bates Avenue
within fifteen (15) days from adoption of resolution. (Public hearing held, closed and laid
over from February 20) (Legislative Hearing Officer recommends approval)
Council President Lantry moved to lay over 60 days.
Laid over to May 21 Yeas – 6 Nays – 0 (Thune not present)
32. Resolution – 08-166 – Ordering the owner to remove the building(s) at 800 Duluth Street
within fifteen (15) days from adoption of resolution. (Public hearing held, closed and laid
over from February 20; laid over from March 5) (Legislative Hearing Officer
recommends approval)
Council President Lantry moved to lay over 60 days.
Laid over to May 21 Yeas – 7 Nays – 0
33. Presentation by the Manzanillo, Mexico Sister City Committee.
March 19, 2008 City Council Summary Minutes Page 7
A Presentation was given by Sam Verdeja, President of the Manzanillo Sister City
Committee. Mayor Chris Coleman and Dennis Rubio, son of Mary Rubio, also made
statements.
Suspension Items:
Councilmember Carter moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 08-306 – Proclaiming March 19, 2008 to be Central High School Girls
Basketball Team Day in the City of Saint Paul.
Councilmember Carter honored the Saint Paul Central High School Girls Basketball
Team for defending their championship in 2008. He also recognized them for their
contributions to Saint Paul “off the court” saying they are a group of talented student
athletes who do community service and are going on to higher education and have
fostered a sense of renewed pride in the Summit-University neighborhood, Central High
School, and the City of Saint Paul.
Councilmember Carter read the resolution honoring the team.
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.
34. Final Adoption – 07-1194 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code, Building Code and Inspection, as it relates to Certificate of Code
Compliance. (Substitute introduced and laid over from February 27)
Councilmember Bostrom said work is still being done on the ordinance. They want to
further define a Class I, II, and III vacant building to make it easier for realtors and the
banking industry to define what is or is not necessary for demolition.
Legislative Hearing Officer, Marcia Moermond, stated that there would need to be
changes to three ordinances to accomplish the goals set forth by Councilmember
Bostrom. Chapter 33 would need a language modification to require an actual work
March 19, 2008 City Council Summary Minutes Page 8
program for rehabilitation, modification to Chapter 43 would provide a different scaling
system, and Chapter 189 would need to be modified to require a code compliance
inspection on Category II and III building at the point of sale along with the Truth in Sale
of Housing.
Councilmember Thune questioned if there would be an emergency clause that would
exempt those who would plan to use “sweat equity” to rehab their homes.
Bostrom stated that the ordinance change would require a person to demonstrate their
financial ability and capacity to accomplish the task as opposed to simply the desire to
rehabilitate the structure.
Councilemember Harris stated that the ordinance, as is, would hinder the process and
make it much more difficult for people to rehab the more serious, Category III buildings.
He would be opposed to creating a situation that would make it more difficult to
accomplish the task the ordinance had set out to do.
Council President Lantry questioned the numbers on the quality of rehabilitation that had
been done and it’s correlation to future vacancy.
Bostrom stressed that to make neighborhoods sustainable, quality rehabilitation needed to
occur in a timely fashion. To accomplish that task, a person would need t be able to
demonstrate the financial ability to accomplish the task.
Councilmember Helgen stated that he thought it was important to look further into adding
the financial costs associated with the rehabilitation of a property in the Truth in Sale of
Housing
Lantry, Helgen and Thune thanked Bostrom for his work on the issue
Councilmember Stark stated that the City may also need to be cognizant of the amount of
time it would require to put together a detailed financial plan and to add that extra time
into deadlines.
Bostrom moved to lay over to May 7.
Laid over to May 7 Yeas – 7 Nays - 0
35. Second Reading – 08-258 – An ordinance amending Chapter 426 of the Saint Paul
Legislative Code to allow small (under 50 seats) venues to have entertainment without a
license.
(Staff report from the Department of Safety and Inspections; requested by Council on
March 12)
March 19, 2008 City Council Summary Minutes Page 9
Laid over to April 2 for third reading/public hearing
The meeting was recessed from 4:30 to 5:30 p.m.
Roll Call: Present – 6 Absent – 1 (Helgen – excused)
PUBLIC HEARINGS
36. Third Reading – 08-153 – An ordinance amending Chapter 140 of the Saint Paul
legislative Code to establish uniform skyway hours. (Substitute introduced and laid over
from February 27)
Councilmember Thune and Patricia Lindgren, Legislative Aide, gave a Power Point
presentation which included uniformity, predictability, and keeping St. Paul open. Thune
said he agrees with the Chamber of Commerce that St. Paul needs to be open for business
and this ordinance will help do that. There is now more nightlife in St. Paul and access to
the skyways is necessary as well as for the people who live downtown. He noted that the
reason the change was being made by ordinance was that in 1973 the State Legislature, in
anticipating skyways, talked about that the skyways would be governed by city ordinances
and would regulate the hours of operation. He noted that the skyways cover five miles,
there are 2,117 residential units directly on the skyway and over 8,000 people living
downtown. He provided history saying in the mid-1970s, the skyways were beginning to
be built and the arrangement was that the City paid half, the building owner paid half, and
maintenance was shared. In current value, the city has $50 million invested in the
skyways.
Appearing in opposition were the following:
Pat Tanner Wells Fargo Place, downtown Minneapolis, said they do not think that public
process has been employed . They do not disagree with the need for consistent,
dependable, uniform skyway hours but they have a concern as to how they are getting to
that process. He read a statement and suggested the process should be more participatory
by the affected stake holders. He talked about access to first floor doors and said he feels
some success has been reached to try to understand the intent. He asked that the pertinent
parties sit down and talk about the language. The skyways are not patrolled after 4:30
p.m. If the scope and hours of the skyway are going to be expanded, it would make sense
to expand police coverage. The probability of legal challenges is an issue. BOMA has
chosen to retain legal counsel and has reviewed a sampling of skyway agreements in
downtown. There are agreements that have expired or have provisions in them where it’s
not so easy for the City to say they are going to change something. Based upon feedback
from legal counsel, they think there is a basis for claims against the City. Tanner said the
purpose and function of the skyway system in St. Paul to move and connect people is no
different than the street system. They are not comfortable with a ‘neighborhood
March 19, 2008 City Council Summary Minutes Page 10
organization’ having the ability to effect such a high dollar, high profile, connective piece
of downtown. He asked for a 90-day layover.
Betsy George, representing LNR, owner of Metro Square, said the ordinance has been
presented to the owner who has expressed opposition and concern. Metro Square is only
30% occupied and was taken back in adverse conditions so there is a concern about
taking care of the existing tenancies. She has concern about security if they had to adhere
to the new ordinance. The building is wide open on five floors with escalators. The
skyways are not occupied at all because these are State tenants and they close at 4:30.
Pat Wolf, owner of Commercial Real Estate Services in downtown as well as owner of a
retail company that has three stores in downtown, said she currently maintains three
skyway bridges with the help of her adjoining building partners. She is committed to
downtown and the City in time, effort and financial obligation. They all want to put their
best foot forward for the Republican National Convention (RNC). They fully expect to
do whatever is needed from the building owners’ perspective to accommodate the RNC
and any other big convention that would come to St. Paul. She would hope that in
looking at the skyway ordinance the City would not put anything into it that would be of
an exception nature; ie, that it is being looked at only for the RNC or any other large
convention. Wolf said they stand ready, willing and able to do whatever is necessary.
She asked that they not put anything short-term in nature into the ordinance. She talked
about dead-end buildings saying she adjoins Metro Square and right now does not have
any residents on the other side of her or any restaurants or bars. It would not make good
cost-benefit sense for her to extend her hours at this time beyond her current 7:00 p.m.
closing time. It would be easier to include in the ordinance the buildings that are already
operating under an exemption policy than to ask people to apply for an exemption
Councilmember Thune concurred with Ms. Wolf that a building that is on the end of a
stretch should be exempt. A letter can be sent to the Department of Safety and
Inspections (DSI) indicating a building is not open and they will look into it and
exemptions can be made
An unidentified speaker talked about the history of the skyway agreements that were put
in place 25 years ago when there was a “handshake agreement” to stay open until 2:00
a.m. Recently a building was bought and the owner decided they did not want to pay for
security that late and the doors would be locked at 11:00 p.m. There was another
building owner with the same issue. Those owners have now said they are willing to stay
open until 2:00 a.m. With this agreement, he questioned if the ordinance is necessary.
His skyway agreement states he can close at 7:00 p.m. Monday through Friday, at 5:00
p.m. on Saturday, and he does not have to open on Sunday. He asked for a 90-day
layover saying there is language in the ordinance specifically related to the first floor
doors and if it was written differently, they feel they could accomplish a better verbiage
March 19, 2008 City Council Summary Minutes Page 11
for the process. They want to partner with the residents and buildings downtown and
make a plan that is beneficial for all.
Susan Kimberly, Vice President for Economic Development, St. Paul Chamber of
Commerce, said they support uniform hours and uniform policies and that a uniform
system is absolutely essential. They are in favor of keeping St. Paul open for business but
they are not sure the language in the ordinance gets to the intent for which they are
aiming. Additional time would be beneficial so they can meet with various people to
cleanup the language as they feel they can improve upon it.
Appearing in support of the ordinance were:
Larry Englund, 162 College Avenue, a member of Capitol River Council. The 35
member board of the Council involves residents, business owners, building owners and
representatives of social service organizations as well as the Capital City Partnership, the
Chamber of Commerce and others. They have appointed a Skyway Advisory Committee
to be the working arm and Englund is the non-voting chair of the Skyway Advisory
Committee. The issue of skyway hours repeatedly comes up at their meetings. Residents
rely on the skyways early in the morning to late at night.
Kae Peterson, Glaltier Plaza resident, disputed the issues raised by those against the
ordinances. She talked about the dangers of the outside terrain as opposed to what the
residents feel is a safe skyway.
Karolyn Kirchgesler, President of the Convention and Visitors Authority (CVA), said one
of their most important roles is to ensure that when visitors are in St. Paul they have a
great experience. The CVA also oversees management of the pedestrian connection – the
tunnel that connects RiverCentre, Convention Center, and the Xcel Center to the skyway
system. The skyways are a major selling point for them. In January over 134,000 people
attended two major events; the US Figure Skating Championship and National Pheasants
Forever. She posed the problem of many visitors returning to their hotel late at night
through the skyway only to reach a locked door which prevented them from getting to
their hotel. There are some conventions that start as early as 7:00 a.m. at River Centre
and many times events run well into the evening hours. They want people to be taking
advantage of the restaurants and bars before returning to their hotels. For people visiting
from warmer climates, the skyways are very appealing and can make the difference
between deciding if they want to stay in their room and be comfortable or experience the
restaurants and nightlife. If uniform skyway hours are established, it is something they
could promote.
Kevin Fahey, along with Mike Fish, representing the Minnesota Licensed Beverage
Association, presented a letter from Jim Farrell, President, which he read.
March 19, 2008 City Council Summary Minutes Page 12
Jay Severance, resident of the Lowry Building and owner of a small business on the
skyway level, talked about what drew him and his wife to where they’re living but also
the frustrations with not being able to navigate fully through the skyways.
Rick Cardenas, downtown resident for 19 years, said he kept his eye on the skyway
system as it was being development. The first problem was making sure that the system
was physically accessible. He talked about problems he has encountered with being
locked both in and out of the skyway and said he thought this might be an ADA issue.
Rod Halvorson, member of the Capitol River Council and the Skyway Governance Sub-
Council, spoke as a resident of City Walk saying they have 224 families who have made a
large investment in downtown. One of the reasons people made a decision to live
downtown was the skyway system and there should have been an ordinance regulating the
skyway system long ago.
Dean Potter, resident of Gallery Towers, told of an experience making an emergency visit
to St. Joseph’s Hospital through the skyway and the frustration of doors being locked on
their return.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
Councilmember Thune listed several other letters that were received in support of the
ordinance.
Laid over to April 2 for final adoption
Yeas – 5 Nays – 0 (Bostrom not present for vote)
20. Resolution – 08-273 – Approving the application with conditions, per the Legislative
Hearing Officer, for a Recycling Processing Center license for Metro Wood Recycling,
Inc., 555 Barge Channel Road. (Resolution was moved from the consent agenda to
public hearings)
Marcia Moermond, Legislative Hearing Officer, appeared and stated she conducted a
Legislative Hearing on this matter and noted that there is a new business owner. She
recommended that the Council issue the license with the conditions that were placed upon
the previous license holder with no changes.
Gerry Berquist, 46 Prospect Boulevard, appeared in opposition and talked about the
problems with this operation. He said the Environmental Justice Committee of the West
Side Citizen’s Organization (WSCO) opposes this business. For more than four years the
committee has dealt with problems caused for the Barge Channel Road area by a wood
March 19, 2008 City Council Summary Minutes Page 13
chipping facility. Residents have had to deal with months of smoke from the smoldering
piles, noisy and dusty grinding, and violations of regulations and agreements about the
location of the chipping, grinding and storing of chips.
Appearing in support was John Hines, member of WSCO Board of Directors and Chair of
the building and Land Use Committee. The applicant was at their September meeting
asking for support for his license to operate on Barge Channel Road. A discussion took
place and they had to balance the concerns of business and the community. They decided
they would support him but that the conditions on the permit would be strictly adhered to.
WESCO asked that they be allowed to review any changes made to the conditions by the
Council.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
Councilmember Thune said over the years there have been a lot of opinions and
conditions that were not viewed as optimum. He hoped that a new owner will “tow the
mark.” Thune further said that licenses cannot be denied based on things that happened
in the past. If there are any changes in the license conditions, he asked that they not be
administratively changed but be referred back to the Council so notification is given to
the district council.
Jerry Hendrickson, Assistant City Attorney, suggested an amendment to Line 19,
condition #6, stating that any changes to these conditions must be approved by the City
Council by resolution.
Council President Lantry requested an amendment to line 17 to change the date of the
approved site plan to 4/23/07.
Moermond said for the past two years it has been the practice of DSI and City Council,
when there have been proposed changes to license conditions that have been brought
forward by the applicant, they are noticed to the neighborhood and the district council as
would any new license application. If there are concerns from the neighbors, they can
write a letter.
Councilmember Thune moved approval as amended.
Adopted as amended Yeas – 5 Nays – 0 (Bostrom not present)
37. Third Reading – 08-188 – An ordinance amending the Saint Paul Administrative Code by
adding new language to Title IV, Subt., B., Chapter 65 (reserved) pertaining to levying
and collecting special assessments for heritage preservation and other public purposes for
buildings in the B4 and B5 Zoning Districts.
March 19, 2008 City Council Summary Minutes Page 14
No one appeared in opposition; Councilmember Stark moved to close the public hearing
Yeas – 5 Nays – 0 (Bostrom and Harris not present)
Laid over to March 26 for final adoption
38. Third Reading – 08-211 – An ordinance amending Chapter 14A of the Saint Paul
Legislative Code, Department of Neighborhood Housing and Property Improvement
(NHPI), to reflect the creation of the Department of Safety and Inspections (DSI).
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 4 Nays – 0 (Bostrom, Carter, Harris not present)
Laid over to March 26 for final adoption
39. Third Reading – 08-212 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code to allow for inspection of high pressure piping.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 4 Nays – 0 (Bostrom, Carter, Harris not present)
Laid over to March 26 for final adoption
40. Third Reading – 08-213 – An ordinance amending Chapter 293.09 of the Saint Paul
Legislative Code to include noise variance fees in Chapter 310. (Laid over to March 26
for final adoption)
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 4 Nays – 0 (Bostrom, Carter, Harris not present)
Laid over to March 26 for final adoption
41. Third Reading – 08-214 – An ordinance amending Chapter 329.02 of the Saint Paul
Legislative Code to include alarm permit fees in Chapter 310.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 4 Nays – 0 (Bostrom, Carter, Harris not present)
Laid over to March 26 for final adoption
42. Third Reading – 08-215 – An ordinance amending Chapter 331A.04 of the Saint Paul
Legislative Code to clarify categories of license types as part of the new Environmental
Health Administrative Enforcement System.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 5 Nays – 0 (Bostrom, Carter, not present)
Laid over to March 26 for final adoption
March 19, 2008 City Council Summary Minutes Page 15
43. Third Reading – 08-216 – An ordinance amending Chapter 409.21 of the Saint Paul
Legislative Code to clarify gambling regulations. (GS 3050043)
No one appeared in opposition; Councilmember Carter moved to close the public hearing.
Yeas – 5 Nays – 0 (Bostrom, Harris not present)
Laid over to March 26 for final adoption
44. Public hearing to consider the appeal of the University of St. Thomas to a condition
imposed by the Planning Commission that required adding decorative elements to the
openings (on the east and south side) of the new campus parking ramp, to be located at
the southwest corner of Grand and Cretin Avenues, in order to minimize the impact of
light and noise on nearby properties. [File No. 08-031289]
Doug Hennes, Vice President for University and Government Relations at St. Thomas
University, appeared. In April, the Planning Commission approved a condition that
required decorative elements on the openings of the parking ramp to minimize the impact
of light and noise. This was a last minute addition made by the Commission at its
meeting. St. Thomas met with the contractor and developed four options. The options
were reviewed with the Neighborhood Advisory Committee and the Planning
Commission member which had suggested the condition. A fifth option was developed
based on his suggestions and that was reviewed with the Advisory Committee. Hennes
said they were not comfortable with any of the alternatives as they did not feel they had
any positive impact on sound or light and also that they were less attractive than the
original design plus more expensive. The matter was presented to the Neighborhood
Advisory Committee the previous week and they voted 8-0 to support the original design.
It was a design 18 months in the making and they worked from the very beginning with
the Neighborhood Advisory Committee who reviewed designs for the project.
Endorsement was also received from the Macalester Groveland Community Council and
the District 13 Community Council.
John Hershey, an employee of the University of St. Thomas but present representing the
Neighborhood Advisory Committee, said they have reviewed a number of plans over an
18-month period and they support the appeal.
Councilmember Stark moved to close the public hearing. Yeas – 4 Nays – 0
(Bostrom and Thune not present)
Stark said in light of the broad community support and after a long community process
around the design of the facility, he commended John, Doug, and the community for their
work. The concerns of the Planning Commission were looked at and it was determined
that the aesthetics and other possible problems of operating the parking ramp are better
with the current design.
March 19, 2008 City Council Summary Minutes Page 16
Councilmember Stark moved to grant the appeal.
Motion of Intent – Appeal granted
Yeas – 4 Nays – 0 (Bostrom and Thune not present)
45. Resolution – 08-284 – Concurring with action taken by the Board of Water
Commissioners establishing schedule charges for 1-inch water service connections in
certain right-of-way widths and taps of all sizes.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0
46. Resolution – 08-285 – Amending the Financing and Spending Plans in the Division of
Parks and Recreation for a grant received in the amount of $15,000.00 from the
Minnesota Department of Natural Resources to fund oak woodland and oak savanna
restoration work at Indian Mounds Regional Park.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted Yeas – 4 Nays – 0 (Bostrom and Thune not present)
47. Resolution – 08-286 – Approving the amendment of the budgets of the Great Northern
Business Center North (Maxson) Tax Increment District, Westminster Tax Increment
District, and Williams Hill Tax Increment Financing District, and Hazardous Substance
Subdistrict.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted Yeas – 4 Nays – 0 (Bostrom and Thune not present)
48. Resolution – 08-287 – Giving preliminary authorization for the Housing and
Redevelopment Authority to issue up to $5,615,000 in Tax Exempt Housing Revenue
Bonds for the acquisition and renovation of The Minnesota Building into 60 units of
affordable rental housing.
No one appeared in opposition; Councilmember Stark moved to close the public hearing
and approval.
Adopted Yeas – 4 Nays – 0 (Bostrom and Thune not present)
49. Resolution – 08-288– Authorizing the Housing and Redevelopment Authority to establish
a new Tax Increment Financing District for the Minnesota Building. (GS 3050733)
No one appeared in opposition; Councilmember Stark moved to close the public hearing
and approval.
Adopted Yeas – 4 Nays – 0 (Bostrom and Thune not present)
March 19, 2008 City Council Summary Minutes Page 17
50. Resolution – 08-289 – Approving adverse action against Guy William Davis, clerk at
Galtier Convenience, 380 Jackson Street, for sale of tobacco products to a minor.
Rachel Tierney, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), stated that Guy Davis sold cigarettes to a decoy. Davis requested the
public hearing in order to challenge the $50 fine. The recommendation from DSI was to
impose the fine.
Guy William Davis appeared and talked about his reading disability. The day of the
incident, he did not have his regular eye glasses with him. He asked for the person’s ID
but he misread it.
Councilmember Thune moved to close the public hearing. Yeas – 5 Nays – 0
(Bostrom not present)
Thune moved to stay the $50 provided there is not another such incident within a year and
requested that the store be contacted by DSI to suggest providing training in what to ask
and look for with IDs. Ms. Tierney said they will make the recommendation to the store
owner. Thune suggested that store owners should be required to read the statement to
employees.
Adopted as amended ($50.00 fine stayed provided Mr. Davis has no further violations
within a 12-month period)
Yeas – 4 Nays – 1 (Lantry) (Bostrom not present)
51. Resolution – 08-290 – Approving adverse action against Tanya Elizabeth Amos, clerk at
Oasis Markets, 2057 Marshall Avenue, for sale of tobacco products to a minor.
Rachel Tierney, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), stated this matter is similar to item 50. Ms. Amos sold tobacco
products to a minor as part of a compliance check
Ms. Amos said she was shown a Minnesota State ID at the time she sold cigarettes to a
minor. At the time of the accusation, she asked to see the ID again and she was told she
could not see it. Amos’ sister spoke to the Council on her behalf saying there was a
discrepancy in the discovery information that was sent when her sister called to request a
hearing. Amos was dismissed from her job due to this incident. They contacted the
Minnesota DMV to find out the difference between a Minnesota driver’s license and a
Minnesota state ID and discovered that the birthdate is highlighted in red on a driver’s
license and if a person is under 18, it is indicated on the license. There is nothing like
that on a State ID. The report that was presented to Tanya Amos indicates that the person
who purchased the cigarettes was 15 years of age. She cited from State Statute that a
March 19, 2008 City Council Summary Minutes Page 18
compliance check must involve minors over the age of 15 but under the age of 18, etc.
and maintained that the City was not in compliance with State Statute.
Councilmember Stark moved to close the public hearing. Yeas – 5 Nays – 0
(Bostrom not present)
Ms. Tierney said DSI uses 15 year-old youth on a regular basis as decoys for compliance
checks and part of the check is that they have a valid ID that they show to the clerk.
Stark said given the circumstances that the owner paid $200.00, he moved to stay the
$50.00 with a directive to DSI that they communicate with the store owner to insure that
their employees are aware of all the requirements in the State Statute.
Adopted as amended Yeas – 5 Nays – 0 (Bostrom not present)
52. Resolution – 08-291 – Approving adverse action against all licenses held by Snelling
Café, Inc., 638 Snelling Avenue North.
Rachel Tierney, Assistant City Attorney, representing the Department of Safety and
Inspections (DSI), stated this is an adverse action for a lapse in liquor liability insurance
from November 17, 2007 to November 30, 2007. The owners are not contesting the lapse
but wanted to request a lesser penalty. The matrix calls for a ten day license suspension.
Afeworki Tekle Bein, owner, talked about the problems he would encounter if he had to
close for ten days.
Allison Sharkey from SPARC, a non-profit community development corporation that
works in the Hamline Midway and North End neighborhoods, said this cafe has had a
positive impact on the neighborhood. She feels it’s a harsh penalty and the closing would
have a significant impact on the restaurant.
Councilmember Stark moved to close the public hearing. Yeas – 5 Nays – 0 (Bostrom
not present)
Stark said this is a serious lapse when talking about a liquor license and insurance policy;
however, he feels it was a misunderstanding of the communication. There has been no
history of problems with this business but rather it has been an asset to the community.
Stark moved to stay eight of the ten days provided there are no further violations within
the next twelve (12) months).
March 19, 2008 City Council Summary Minutes Page 19
Thune noted that there have been cases where a liquor license has been revoked for a
period of time instead of a closing. Stark said he liked that suggestion and withdrew his
previous motion.
Stark moved that for a 10-day period, no wine or beer can be sold but the business can
remain open provided there are no further violations within the next twelve (12) months.
Lantry and Harris spoke against the motion saying this is a serious issue
Because of a lack of votes for Stark’s motion, Councilmember Stark moved to lay over
one week.
Laid over to March 26 Yeas – 5 Nays – 0 (Bostrom not present)
53. Resolution – 08-292 – Approving adverse action against all licenses held by Sophia
Vega, Inc., d/b/a Viaduct Inn Mexican American Cuisine, 1056-7th Street East.
Rachael Tierney, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), gave a staff report. This matter involved a lapse in liquor liability
insurance from November 8, 2007 to December 1, 2007. The recommendation of DSI is
a ten-day closing. There is a prior violation which was a first failed compliance check.
No one appeared in violation; Council President Lantry moved to close the public hearing
and lay over to March 26 since Councilmember Bostrom was not present to make a
decision.
Laid over to March 26 Yeas – 5 Nays – 0 (Bostrom not present)
Council President Lantry moved to recall this item after Item 54 when Bostrom returned
Yeas – 6 Nays – 0
Councilmember Bostrom moved to adopt the recommendation of the City Attorney which
would be ten-day closure.
Adopted Yeas – 6 Nays - 0
(Bostrom returned)
54. Public hearing to consider the report of the Administrative Law Judge concerning all
licenses held by Billy Neng Yang, d/b/a Asian Cuisine, 945 Rice Street, Suite A.
Rachael Tierney, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), stated this was a return of an ALJ report. This is the fourth adverse
action against Asian Cuisine. Notice of Violation was filed August 2, 2007 based on two
police reports. It involves two offenses: one occurred on August 24, 2007 and one on
March 19, 2008 City Council Summary Minutes Page 20
October 21, 2007. In August, 2007 an undercover police officer was in Asian Cuisine
doing another investigation. While he was there, he had licensing sergeants with him, he
ordered a beer, and was not offered food. When an establishment has wine and beer as a
menu item, food has to be served with the wine or beer and that did not happen. The
undercover officer also observed that four cases of beer were rolled out on a cart and
served. The ordinance requires that alcohol be served one glass at a time. On October
21, 2007 there was an under-age service. An officer working off-duty in the parking lot
saw a young person enter the bar. The bouncers told the officer they were not letting the
under-age person in but, subsequently, the officer observed the under-age person in the
bar consuming alcohol, carded him and tagged him. There were also three previous
violations.
Kerry Antrim, District 6 Community Council, appeared and said District 6 supports the
revocation of all licenses held by Asian Cuisine for all of the reasons discussed by Ms.
Tierney. This business has become a big problem in the neighborhood and they want to
see the businesses on Rice Street do well.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
Council President Lantry moved to adopt the findings of fact, conclusions, and
recommendation of the Administrative Law Judge and to revoke all licenses held by
Asian Cuisine. Lantry said she feels they need to deviate upward from the penalty matrix
because of the multiple violations in the 18 months they have been open.
Adopted the Findings of Fact, Conclusions, and Recommendation of the Administrative
Law Judge including those contained in the memorandum outlining the basis for the
deviation from the penalty matrix. (All licenses held by Asian Cuisine were revoked)
Yeas – 6 Nays – 0
55. Final Order – 08-293 – In the matter of improving McLean Avenue from Cypress Street
to Earl Street and Thorn Street from Earl Street West to end of Thorn Street with a
standard lighting system and all other work necessary in conjunction with the Earl-
McLean Residential Street Vitality Project. [File No. 19044LIGHT]
No one appeared in opposition; Council President Lantry moved to close the public
hearing and approval. Yeas – 6 Nays – 0
56. Resolution Ratifying Assessment – 08-294 – 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. [TR0707]
March 19, 2008 City Council Summary Minutes Page 21
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval. Yeas – 6 Nays – 0
57. Resolution – 08-295 – Ordering the owner to remove or repair the building(s) at 329
Cesar Chavez Street within ninety (90) days from adoption of resolution. (Legislative
Hearing Officer recommends approval)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Yeas – 6 Nays – 0
58. Resolution – 08-296 – Ordering the owner to remove or repair the building(s) at 98
George Street East within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended granting 180 days for
rehabilitation of the structure as all of the normal conditions that the Council requires
have been met.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
59. Resolution – 08-297 – Ordering the owner to remove or repair the building(s) at 1085
Jackson Street within one hundred-eighty (180) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0
60. Resolution – 08-298 – Ordering the owner to remove or repair the building(s) at 1333
Margaret Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, reported that almost all of the conditions
have been met. She recommended that the Council grant an additional week for the
materials to be submitted and to continue the public hearing to April 2.
Council President Lantry moved to continue the public hearing to April 2.
Yeas – 6 Nays – 0
March 19, 2008 City Council Summary Minutes Page 22
61. Resolution – 08-299 – Ordering the owner to remove or repair the building(s) at 242
Morton 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 refer this
matter back to a Legislative Hearing on April 29 and continue the City Council public
hearing to May 7, 2008.
No one appeared in opposition; Councilmember Thune moved to lay over as
recommended by the Legislative Hearing Officer.
Laid over to the April 29 Legislative Hearings and City Council public hearing continued
to May 7 (Per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
62. Resolution – 08-300 – Ordering the owner to remove or repair the building(s) at 800
Robert Street South within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, provided a staff report saying that when
a person comes to a Legislative Hearing and wants to rehabilitate a structure, a list of
conditions or concerns is presented which should be reviewed before the owner appears
before the City Council. In this case, none of the conditions have been met. Materials
were distributed to Council which Moermond reviewed. She recommended removing the
building within 15 days with no option for rehabilitation.
Gary Torgerson, Rush City, MN, Father of Nathan Torgerson, appeared and noted that a
settlement agreement was provided to the Council between them and Mr. David Johnson.
It has been in litigation for several years. There are three different law firms involved in
getting the settlement agreement drafted and it was not signed as of this date. He said he
and his sons have rehabbed houses for many years and cited the numerous subcontractors
they have used. If the matter is tabled for two weeks, they would have a copy of the
signed settlement agreement. Funds are escrowed for rehabilitating this property. There
was no reason to board up the house which makes it look worse, Torgerson said. They
have a mortgage on the property and want to repair it.
David Johnson, Marine on St. Croix, MN, appeared and also said they have a Settlement
Agreement but there are still some things to be resolved.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
March 19, 2008 City Council Summary Minutes Page 23
Councilmember Thune moved approval per the recommendation of the Legislative
Hearing Officer.
Adopted as amended (remove within fifteen (15) days with no option for repair, per the
recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
63. Resolution – 08-301 – Ordering the owner to remove or repair the building(s) at 164
Robie Street West within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, requested this item be laid over one
week in order to get a final determination as to whether there has been a closing on the
property.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and lay over one week.
Public hearing closed and laid over to March 26 (per the recommendation of the
Legislative Hearing Officer) Yeas – 6 Nays – 0
64. Resolution – 08-302 – Ordering the owner to remove or repair the building(s) at 861 St.
Anthony Avenue within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, said she received all of the materials that
are normally required. The people who are going to be rehabbing the property have asked
for an opportunity to revise their work plan. They have two complete bids from
contractors and they want to have a third complete bid before they accept one for the
rehabilitation. Moermond recommended that the public hearing be continued to April 2.
Councilmember Stark moved to continue the public hearing to April 2.
Public hearing continued to April 2 (per the recommendation of the Legislative Hearing
Officer) Yeas – 6 Nays – 0
65. Resolution – 08-303 – Ordering the owner to remove the building(s) at 586-
586-1/2 Van Buren Avenue within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
March 19, 2008 City Council Summary Minutes Page 24
66. Public Hearing on an assessment for towing of an abandoned vehicle from 1153 Central
Avenue West during August 2007 (J0706V). (Assessment was ratified by Council on
February 6; however, owner was given the incorrect public hearing date.)
Marcia Moermond, Legislative Hearing Officer, reported that the letter for the public
hearing was generated from her office. She recommended approval of the tax assessment
which is for towing a vehicle from private property. There had been problems with the
vehicle, it was cited and a vehicle abatement order was issued. The property owner, Mr.
Onah, attempted to get compliance by working with his tenant but she refused to move
the vehicle and the City removed the vehicle and towed it to the impound lot. Because
the City did the work, she recommended approval of the tax assessment in the amount of
$483.56.
Oke Onah, the property owner, appeared and said this was the third time he has appeared
on this issue. He explained his attempts to have the tenant remove the vehicle.
Councilmember Carter said he appreciates the efforts Mr. Onah made to hold his tenants
accountable.
Carter moved to reduce the assessment from a total of $483.56 to a total of $241.78
Yeas – 6 Nays – 0
67. Resolution Ratifying Assessment – 08-304 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement for property clean-up on private property at
640 Victoria Street South on October 23, 2007 [J0717A2]; providing weekly garbage
hauling services at 603 Edmund Avenue on December 18, 19 and 27, 2007 [J0721G]; and
summary abatement for excessive consumption of inspection services for property code
violations billed at 270 Page Street South from August to September 2007 [J0707E1]
(Laid over from March 5) (Legislative Hearing Officer recommends the following:
603 Edmund Avenue (J0721G1) - recommendation is forthcoming; approve the
assessment and spread payments over five (5) years;
270 Page Street South (J0707E1) - approve the assessment; and
640 Victoria Street South (J0717A2) - recommendation is forthcoming approve the
assessment and spread payments over five (5) years)
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
March 19, 2008 City Council Summary Minutes Page 25
68. Resolution Ratifying Assessment – 08-305 – In the matter of assessment of benefits, cost,
and expenses for summary abatements for boarding-up of vacant buildings during
October and November 2007 [J0709B]; summary abatements for property cleanups on
private properties from December 31, 2007 to January 15, 2008 [J0801A]; providing
weekly garbage hauling services from January 1 to 15, 2008 [J0801G]; and demolition of
vacant buildings at 595 Case Avenue, January 2008 [J0801C]. (Legislative Hearing
Officer recommends the following:
1644 Bush Avenue (J0801A) - delete the assessment;
976 Carroll Avenue (J0709B) - approve the assessment;
1369 Case Avenue (J0709B) - recommendation is forthcoming approve the assessment;
906 Charles Avenue (J0801A) - recommendation is forthcoming approve the assessment;
662-664 Como Avenue (J0801G) - recommendation is forthcoming; reduce the
assessment from a total of $270 to a total of $150;
1107 Edgerton Street (J0801A) - approve the assessment;
603 Edmund Avenue (J0801G) - approve the assessment;
657 Fourth Street East (J0801G) - delete the assessment;
689 Fuller Avenue (J0709B) - approve the assessment;
1001 Iglehart Avenue (J0801A) - approve the assessment;
839 Jenks Avenue (J0801A) - approve the assessment;
1895 Minnehaha Avenue West (J0801A) - delete the assessment;
1863 Montana Avenue East (J0709B) - recommendation is forthcoming approve the
assessment;
653 Orange Avenue (J0709B) - delete the assessment;
1253 Reaney Avenue (J0801A) - recommendation is forthcoming delete the assessment;
1149 Sherburne Avenue (J0709B) - recommendation is forthcoming approve the
assessment;
400 Western Avenue North (J0801A) - delete the assessment;
119 Winnipeg Avenue (J0709B) - recommendation is forthcoming approve the
assessment;
996 Woodbridge Street (J0709B) - delete the assessment; and
811 University Avenue (J0709B) - recommendation is forthcoming approve the
assessment).
Marcia Moermond, Legislative Hearing Officer, made changes, which are underlined
above, and added the following address:
662-664 Como Avenue (J0801A) - delete the assessment.
No one appeared in opposition; Councilmember Carter moved approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
March 19, 2008 City Council Summary Minutes Page 26
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0 (Helgen not present)
Resolution – 08-307 – Waiving the 45-day notice requirement and granting on-sale
liquor, Sunday on-sale liquor, and liquor outdoor service area (patio) licenses to BG’s
LLC, d/b/a BG’s, 429 South Robert Street.
Councilmember Thune moved approval.
Adopted Yeas – 6 Nays – 0
Councilmember Thune moved to adjourn the meeting.
ADJOURNED at 8:30 P.M.
ATTEST:
_____________________________ ___________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: __May 7, 2007 __________
Mary Erickson Minutes approved by Council