Minutes 5-07-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, May 7, 2008 - 3:30 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 by Council President Lantry at 3:30 p.m..
Present – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Thune
Absent – 0
Councilmember Helgen removed Item 18 for separate consideration.
Councilmember Harris removed Item 11 for separate consideration.
Harris moved approval of the Consent Agenda as amended.
Adopted as amended Yeas – 7 Nays - 0
CONSENT AGENDA (Items 1 - 31)
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Linda K. Armstrong, Jayneth Barnes, Patrick A. Bernstrom, John P Cruz,
Richard C. Dentinger, Ruth M. Dombret, Joseph L. Falasco, Txooj Kou Hang, Matthew
T. Jett, Maryjo P. Kobold, Progressive Preferred Insurance Co. (for Xai Yang), Matt M.
Rauchbauer, David W. Ruddick, and Theresa Zaspel.
Referred to Risk Management
2. Summons and Complaint in the matter of Michael Dixon vs. the City of Saint Paul, et al.
Referred to the City Attorney’s Office
3. Summons and Complaint in the matter of Flannery Construction, Inc. and Gerard
Flannery vs. the City of Saint Paul, et al.
Referred to the City Attorney’s Office
May 7, 2008 City Council Summary Minutes Page 2
4. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on May 21, 2008 to consider the application of Mark
Fitzgerald for a Combined Plat for Fitzgerald Addition in order to create two (I1)
Industrial parcels at 590 Randolph Avenue (southeast corner at Drake Street). [ZF 08-
021-924]
5. (See first item under public hearing.)
6. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on May 21, 2008 to consider the report of the Administrative Law Judge
concerning all licenses held by Health Skills LLC St. Paul, d/b/a Anytime Fitness, 2501
Seventh Street West, and Wittwer Fitness, Inc., d/b/a Anytime Fitness, 1678 Suburban
Avenue.
7. Letter from the Office of the City Attorney announcing a hearing before an
Administrative Law Judge on May 16, 2008 in Room 41 City Hall-Courthouse to
consider all licenses held by International Network Association, Inc., d/b/a Luxor Lounge,
719 Dale Street North.
8. Letters from the Department of Safety and Inspections declaring 193 Front Avenue and
964 Woodbridge Street, 992 Front Avenue, 1036 Marshall Avenue East, and 623 Oakdale
Avenue as nuisance properties. (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
9. Administrative Orders:
D002711 Authorizing the proper City officials to renew the garden lease
(seasonal, with no payment) from the City to Midway Green Spirit,
who provides garden plots to nearby residents of Hamline Avenue
and Pierce-Butler Route.
D002712 Amending the 2007 budget in the Department of Planning and Economic
Development by transferring Community Development Block Grant funds
from ISP Activities to Citizen Participation and Crime Prevention.
D002713 Amending the 2007 General Fund budget within the Department of Fire
and Safety Service to cover 2007 year-end variances.
D002714 Authorizing the proper City officials to execute Lease Agreement PR/75, a
lease for less than one year, with Ramsey County as Lessor and the City of
Saint Paul as Lessee to provide office space for City employees at the
Ramsey County Government Center during remodeling of part of the City
Hall Annex.
On file in the City Clerk’s Office
May 7, 2008 City Council Summary Minutes Page 3
FOR ACTION
10. Approval of minutes of February 20 and 27, and March 5, 12, 19 and 26, 2008.
Adopted Yeas – 7 Nays – 0
12. Resolution – 08-441 – Authorizing the Saint Paul Saints to use the City’s 3.2 Malt
License at Midway Stadium.
Adopted Yeas – 7 Nays – 0
13. Resolution – 08-442 – Authorizing the Division of Parks and Recreation to accept
$10,000.00 from Comcast for sponsorship of the “Movies in the Park” program.
Adopted Yeas – 7 Nays – 0
14. Resolution – 08-443 – Approving the application with one condition, per the Legislative
Hearing Officer, to add a Gas Station license to the existing Retail Food (C)-Grocery
1001-3000 sq. ft., Retail Food-Restricted Food Service, and Cigarette/Tobacco licenses
for 7th Market Gas For Less, Inc., d/b/a West 7th Market, 675 7th Street West.
Adopted Yeas – 7 Nays – 0
15. Resolution – 08-444 – Memorializing City Council action taken February 27, 2008
granting the appeal and granting an extension to February 28, 2008 on the effective date
of the revocation of the certificate of occupancy and fire certificate of occupancy to allow
time for a rehabilitation plan to be developed and approved for property at 255 Sixth
Street East (Lowertown Parking Ramp).
Adopted Yeas – 7 Nays – 0
16. Resolution – 08-445 – Memorializing City Council Action taken April 16, 2008 denying
the appeal on the Certificate of Occupancy Revocation, which includes Condemnation
and Order to Vacate, for property at 653 Burr Street, per the recommendation of the
Legislative Hearing Officer.
Adopted Yeas – 7 Nays – 0
17. Resolution – 08-446 – Memorializing City Council Action taken April 16, 2008 denying
the appeal on the Summary Abatement Order to board the building at 895 Wakefield
Avenue, per the recommendation of the Legislative Hearing Officer.
Adopted Yeas – 7 Nays – 0
19. Resolution – 08-448 – Authorizing the Department of Fire and Safety Services to enter
into an agreement with Dakota County Technical College to provide an Emergency
Response Driving course to firefighters.
Adopted Yeas – 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 4
20. Resolution – 08-449 – Authorizing the Department of Fire and Safety Services to accept a
donation in the amount of $400.00 from the Minnesota Safety Council for
implementation of Risk Watch, an injury prevention program.
Adopted Yeas – 7 Nays – 0
21. Resolution – 08-450 – Authorizing the Department of Fire and Safety Services to accept a
donation in the amount of $5,000.00 from the Travelers for implementation of Risk
Watch, an injury prevention program.
Adopted Yeas – 7 Nays – 0
22. Resolution – 08-451 – Authorizing the Police Department to enter into an agreement with
the United States Department of Justice to participate in the Organized Crime Drug
Enforcement Task Force from January 1, 2008 through September 30, 2008.
Adopted Yeas – 7 Nays – 0
23. Resolution – 08-452 – Authorizing the Police Department to enter into an agreement with
the State of Minnesota Department of Public Safety for the Night Cap Grant from
October 1, 2007 through December 31, 2007.
Adopted Yeas – 7 Nays – 0
24. Resolution – 08-453– Authorizing the Police Department to amend an agreement with the
State of South Dakota, Office of the Attorney General, acting through its Division of
Criminal Investigations (DCI), whereby DCI will dissolve their Multi-Agency agreement
(Internet Crimes Against Children Task Force).
Adopted Yeas – 7 Nays – 0
25. Resolution – 08-454 – Authorizing the Police Department to enter into an agreement with
Metropolitan State University to rent facility space to hold a public forum on April 9,
2008 designed to offer Saint Paul residents an opportunity to discuss their experiences
with and expectations for the Police Department’s services to its residents.
Adopted Yeas – 7 Nays – 0
26. Resolution – 08-455 – Naming the private street in the Como Cottages development and
allowing the Department of Public Works to issue addresses along Conservatory Place.
Adopted Yeas – 7 Nays – 0
27. Resolution – 08-456 – Authorizing the release of slopes, cuts and fills easement for
property along West 7th Street, as requested by Chateau Care Suites, LLC.
Adopted Yeas – 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 5
28. Resolution – 08-457 – Authorizing the Department of Public Works to enter into an
agreement with the State of Minnesota to provide breakout sessions on diversity at the
Department Conference on Tuesday, April 29, 2008.
Adopted Yeas – 7 Nays – 0
29. Resolution – 08-458 – Authorizing the Department of Public Works to enter into an
agreement with Public Art Saint Paul and Steven Woodward for implementation of the
STAR funded “Art of Traffic Calming” Project.
Adopted Yeas – 7 Nays – 0
30. Resolution – 08-459– Authorizing the Department of Public Works to submit the
Highland Parkway Bicycle Boulevard and the Jefferson Bike Lanes projects to Transit for
Livable Communities (TLC) for review, rating and recommendation for Non-Motorized
Transportation Pilot (NTP) Program funding.
Adopted Yeas – 7 Nays – 0
31. Resolution Approving Assessment – 08-460 – In the matter of the assessment of benefits,
cost, and expenses for summary abatements (graffiti removal) on private properties from
March 5 to April 9, 2008 [J0805P]; demolition of vacant building at 1185 Payne Avenue
in March 2008 [J0805C]; summary abatements (property clean-up) on private properties
from March 31 to April 15, 2008 [J0807A]; weekly garbage hauling services from April 2
to 9, 2008 [J0807G]; boarding up vacant buildings during December 2007 [J0710B];
removal of diseased elm trees from private properties during the winter season of March
2008 [0803T]; and setting date of public hearing for June 18, 2008.
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
11. Resolution – 08-440 – Authorizing the Office of Financial Services to accept a
contribution of registration, airfare, and lodging from the Government Finance Officers
Association and JPMorgan Chase for a Financial Services’ employee to attend the
Government Finance Officer Association’s annual conference in Fort Lauderdale, Florida.
Councilmember Harris acknowledged Lynn Moser who won this scholarship saying that
this is an honor for one of our City employees.
May 7, 2008 City Council Summary Minutes Page 6
Matt Smith, Director of Financial Services, stated there is only one scholarship in the
country and Moser won it.
Councilmember Harris moved approval.
Adopted Yeas – 7 Nays – 0
18. Resolution – 08-447 – Encouraging the United States Congress to support the passage
and funding of HR 4461/S 2458, the Community Building Code Administration Grant
Act of 2007.
Councilmember Helgen stated that he would like to lay this over to make sure he knows
what they are supporting. Council President Lantry responded that this resolution came
from one of the senior building officials and was brought to the attention of Bob Kessler,
Director of Department of Safety and Inspections.
Helgen moved a one week layover.
Lantry requested that Trudy Moloney, Director of Council operations, notify Bob Kessler.
Laid over to May 14 Yeas – 7 Nays – 0
At this time, Lantry acknowledged a guest from Thailand, who is finishing her coursework for
her doctorate.
32. Resolution – 08-409 – Approving the petition of River Run Properties, LLC to vacate
street rights in part of unimproved Mechanic Avenue, west of Barclay Street, in order to
consolidate property for redevelopment. (Public hearing held and laid over from April 16)
Councilmember Bostrom moved denial saying it does not make sense to approve this
resolution.
Failed Yeas – 0 Nays – 7
May 7, 2008 City Council Summary Minutes Page 7
ORDINANCES
33. 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. (Laid over from March 19)
Councilmember Bostrom moved to lay over to May 21 noting that Councilmembers will
be getting a few amendments in about two weeks.
Laid over to May 21 for final adoption Yeas – 7 Nays – 0
34. Second Reading – 08-437 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code to create a process for vacant building total remodel and increasing
vacant building fees.
Laid over to May 21 for third reading/public hearing
35. Second Reading – 08-438 – An ordinance amending Chapter 43 of the Saint Paul
Legislative Code to set the vacant building registration fee to $500.00 per year.
Councilmember Bostrom stated he would like to amend the $500 fee as this is not enough
to deal with the problems of over 1,700 vacant buildings.
Bob Kessler, Director, Department of Safety and Inspections, appeared and said that he
did not know how they could justify it. Bostrom responded that if they hire the additional
people to make this happen, then they could justify the additional cost. They have to do
something with all the buildings. Hopefully if they can keep some of them better
maintained, they would not be such a problem on the neighborhood.
Bostrom moved that the vacant building fee be raised to $1,000 a year.
Councilmember Carter stated that another option would be a step rate. Maybe the second
year could be a higher fee. Lantry responded that they have talked about it in the past, but
the amount of work they have to do stays the same from year to year.
Carter stated that it appears that a house has been vacant for a month requires a different
level of City services than a home that has been vacant for three years. The police, fire,
and inspection services would certainly increase with a home that has been vacant for
three years. It would seem they would be able to substantiate a step along those lines.
Bostrom responded that the staff at DSI needs the funds to work with.
Amended and laid over to May 21 for third reading/public hearing
Yeas – 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 8
36. First Reading – 08-461 – An ordinance amending Chapter 409.06 of the Saint Paul
Legislative Code to clarify signature requirements for seasonal outside services areas.
Laid over to May 14 for second reading
37. First Reading – 08-462 – An ordinance memorializing City Council action granting the
application of TC Habitat for Humanity to rezone property at 1611 Case Avenue, between
Herbert Street and Germain Court, from L1 Light Industrial to R4 One-Family
Residential. [ZF 08-031-543] (Public hearing held April 16, 2008)
Laid over to May 14 for second reading
38. First Reading – 08-463 – An ordinance amending Chapter 200 of the Saint Paul
Legislative Code to correct erroneous cross-references, to allow shortened leash lengths
for dangerous dogs, and to make it a misdemeanor to fail to surrender animals which have
been ordered to be seized.
Laid over to May 14 for second reading
39. First Reading – 08-464 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to clarify penalties and establish 2:00 a.m. closing license.
Laid over to May 14 for second reading
40. First Reading – 08-465 – An ordinance amending Chapter 409 of the Saint Paul
Legislative Code to clarify penalties and establish 2:00 a.m. closing license.
Laid over to May 14 for second reading
Councilmember Bostrom moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 08-491 – Authorizing the Police Department to accept a gift of $10,000
from Anglia, a division of ITV Productions Limited, to produce shows highlighting the
Police Department's K-9 units.
Bostrom stated that the K-9 unit is an award winning organization. They will pay for the
modification of the squad cars.
Harris said there are some data practices issuesthat need to be outlined. They also need to
protect against the sell of the tape for chase shows. Not having that protection gives him
some cause for concern. The City would be giving the rights to the production company.
Jerry Hendrickson, Assistant City Attorney, appeared and stated that there was some
discussion in the City Attorney’s office about this. If there is no problem with timing, he
said he would look into it further,
May 7, 2008 City Council Summary Minutes Page 9
Bostrom moved to lay over one week
Laid over to May 14 Yeas – 7 Nays – 0
(Note: this item was reconsidered later in the meeting.)
The meeting was recessed from 3:52 to 5:32 p.m.
Present – 6 Absent – 1 – Harris (arrived later in the meeting)
PUBLIC HEARINGS
5. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on May 21, 2008 to consider the application of Stephen
Edward Law, Gustavo Rivera, and Sandra Sedeno Medina to rezone property at 451 and
437 Jayne Street, between Wilson Avenue and Conway Street, from R2 One-Family
Residential to RM1 Low Density Multiple-Family Residential. [File No. 08-040-506]
Withdrawn
41. Third Reading – 08-381 – An ordinance amending Chapter 376 of the Saint Paul
Legislative Code to allow licensed taxi drivers from other cities to pick up in Saint Paul
under certain conditions.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 7 Nays – 0
Laid over to May 14 for final adoption
42. Third Reading – 08-382 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to outline fees for reciprocity event taxi licenses. (Amended on April
16)
Councilmember Helgen questioned if the idea of reciprocity should be explored. Bob
Kessler, Director of the Department of Safety and Inspections, reported that after the
RNC (Republican National Convention) there would be further discussion. Harris
responded that would be a broader discussion.
Kessler stated that he would respond to any questions and the possibility of going to a
metro-wide licensing system. There is a lot of interest in this issue.
No one appeared in opposition; Thune moved to close the public hearing
Yeas – 7 Nays – 0
Laid over to May 14 for final adoption
May 7, 2008 City Council Summary Minutes Page 10
43. Third Reading – 08-383 – An ordinance amending Chapter 40 of the Saint Paul
Legislative Code to adjust the inspection points allocated to one and two family dwellings
under Fire Certificate of Occupancy Classification System.
No one appeared in opposition; Thune moved to close the public hearing
Yeas – 7 Nays - 0
Laid over to May 14 for final adoption.
44. Resolution – 08-405 – Amending the financing and spending plans in the Division of
Parks and Recreation to provide spending authority in 2008 for carry-over funding
received in 2007, to enter into a cooperative agreement with the Capital Region
Watershed District (CRWD), to receive funding for a natural resources intern, and to
receive funding for project support services from the CRWD. (Public hearing continued
from April 16)
Council President Lantry moved to introduce a substitute resolution.
Yeas – 7 Nays – 0
Lantry moved approval.
Adopted Yeas – 7 Nays - 0
45. Resolution – 08-466 – Amending the financing and spending plans in “Saint Paul Parks
and Recreation – Helping to Make Saint Paul the Most Livable City in America” by
adding $4,500,000.00, received from the Como Zoo and Conservatory Society, to the
capital budget for the Polar Bear Odyssey project at the Como Zoo and Conservatory.
No one appeared in opposition; Helgen moved to close the public hearing and approval.
Adopted Yeas – 7 Nays - 0
46. Resolution – 08-467 – Amending the financing and spending plans in the Division of
Parks and Recreation by adding $62,104.00, received from federal TEA-21 funding, for
the Como Trails project.
No one appeared in opposition; Helgen moved to close the public hearing and approval.
Adopted Yeas – 7 Nays – 0
47. Resolution – 08-468 – Amending the financing and spending plans in the Division of
Parks and Recreation by transferring $147,202.81 from the completed East Como Lake
Trail project to the Como Trails project.
No one appeared in opposition; Helgen moved to close the public hearing and approve
Adopted Yeas – 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 11
48. Resolution – 08-469 – Amending the financing and spending plans in the Division of
Parks and Recreation by adding $125,000.00 to the capital budget, from a federal grant
received for interpretive signage and kiosks as a method to get Saint Paul residents more
connected to the Mississippi River and the National Great River Park.
No one appeared in opposition; Thune moved to close the public hearing and approval.
Adopted Yeas – 7 Nays – 0
49. Resolution – 08-470 – Amending the financing and spending plans in the Police
Department to accept a donation in the amount of $2,285.00 from the Boys and Girls
Club of the Twin Cities to be used for direct operating expenses associated with the
development and implementation of the G.R.E.A.T. program.
No one appeared in opposition; Bostrom moved to close the public hearing and approval.
Adopted Yeas – 7 Nays – 0
50. Resolution – 08-471 – Establishing a 2008 financing and spending plan for the State of
Minnesota Criminal Gang Strike Force grant.
No one appeared in opposition; Bostrom moved to close the public hearing and approval.
Adopted Yeas – 7 Nays – 0
51. Resolution – 08-472 – Approving the amended Right-of-Way Maintenance Fund 2008
budget.
No one appeared in opposition; Thune moved to close the public hearing.
Yeas – 7 Nays – 0
Bruce Beese, Director, Department of Public Works, reported that there were some 2007
budget issues for the right-of-way maintenance funds. They brought forward some
options to the City Council: 1) They will reduce seal coating—a preventative
maintenance that reduces pot holes in the street—from 8 years to 10 years which will
save about $450,000. 2) Reduce arterial street sweeping would save about $300,000.
There may be some streets that need more sweeping than others. 3) They will be
eliminating the code red phone system that alerts residents when there is a snow
emergency. They have not seen a significant change in the numbers based on the use of
the system. 4) They have a chance to reduce the administrative staff which will total
about $100,000. 5) They will eliminate all the capital outlay which totals about
$430,000. All of those together would reduce the spending need to about $1,330.000.
This plan will come under the budget adopted by the Council in December.
May 7, 2008 City Council Summary Minutes Page 12
Thune asked about snow plowing. Beese responded that snow plowing and ice control
were off the table. Pothole patching and residential street sweeping were also off the
table. Thune stated there are seniors and vulnerable adults who cannot remove the snow
from their driveways. He suggests they tell the building owners to push the snow to the
street on the appropriate day. Beese responded he would like to meet with Bob Kessler
on this issue.
Harris stated these are temporary fixes and asked about a schedule for coming back with
some things on doing a better job of managing the cash flow. He is concerned about the
long term issue of managing cash flow. Beese responded there is a time table that has
been delineated in the document. He will come back to the Council in July or August so
the Council can have accurate information before the assessment notices come out. Right
before the end of the year, they will be back to talk about this fund.
Bostrom expressed concern about pushing the seal coating back from 8 to 10 years. The
City should stay on the program to keep these things maintained. With the freeze-thaw
cycle and adding that extra year, the streets fall apart; therefore, he said he would
recommend that they do not change the schedule for the seal coating. Harris responded
that the professional engineers think that the shortcut would be every 13 years. They
make the assessment based on the cold weather environment and the types of materials,
which may have changed since ten years ago. Lantry added that the idea of going from 8
to 10 came from Public Works. They heard from Public Works that they would see a
difference in the streets if they would miss a complete cycle. If the City went from 10
years to 20 years, 5 years would be taken off the life of a street. It would be from 40
years to 35.
Stark stated this was discussed the previous day and they were given assurance that this
would not be a significant difference in the life of a road. Beese responded that they were
on a ten-year cycle of seal coating until 1999. They saw no great significant need to go to
the eight-year cycle. If they do see issues arising, they will come back to the Council.
Harris moved approval.
Adopted Yeas – 6 Nays – 1 (Bostrom)
52. Resolution – 08-473 – Approving the petition of Brian Launderville in order to vacate
part of an alley in the block bounded by Churchill and Greve Streets and Orchard Avenue
in order to privatize a portion of the alley upon which two owners own property on both
sides of said alley.
Bruce Engelbrekt, Real Estate Division, reported that there are three property owners that
abut this alley and all three have signed onto the petition. One of the conditions Public
Works imposed was that there would be an agreement to allow for mutual access by the
May 7, 2008 City Council Summary Minutes Page 13
different property owners in that area. That agreement was put together in a letter of
understanding signed by the property owners. There are some easements that have been
obtained and Public Works has obtained an easement as well.
Lantry asked what was going to happen with the alley. Engelbrekt responded that there
has been a gate installed by the petitioner. The reason for the petition is to allow his dogs
to travel from one property to a property he owns on the other side. The alley dead ends
at the railroad tracks; there is only one way in.
Madrid, 1061 Orchard Avenue, appeared and stated the issue is upkeep, as the alley is
gravel.
Brian Lauder, 1060 Churchill, appeared and stated this is a City alley and no one would
be liable to maintain it, except the City. They will vacate the northern half and he would
maintain that. There is no way to fence across the driveway. He is petitioning for the
gates to open up and have access to the whole yard. As for the dogs getting out of the
gates, he said they can’t get through them.
Helgen stated the owner has access to the yard the way he always has.
Jason Vernetti, 1068 Churchill Street, appeared and stated he does not know if he is for or
against it. He opens gates to get to his property. He does not know how it would be this
winter when he has to do that. He understands why the owner would want to have room
for his dogs to run.
Helgen asked if the dogs run on his property, too. Vernetti responded a lot less when the
gates are down. He does not have a fence nor a garage.
Lantry asked how he would get to his garage if he builds on. Vernetti responded that the
garages are already accessed.
Lantry stated that if he built a garage, then he would have to have an easement to drive
through that area to get to the garage. The alley would no longer be public, as he would
be driving across someone else’s land to get to his garage.
Engelbrekt stated that the letter of understanding is signed by three parties and it does
have language to allow them to access their own properties.
David Kehborn, 1064 Churchill Street, appeared and stated he has lived there since 1991.
Since then, the City has not filled any potholes in the alley; Launderville has done it.
His house was robbed in 1991, and he has had several cars stolen. The north end of the
alley is railroad property. There used to be no trespassing signs, and kids have ripped the
May 7, 2008 City Council Summary Minutes Page 14
signs down. He feels this is a big benefit. It gives them the responsibility to take care of
the alley. A stranger driving down the alley would stop when seeing the gates. It also
takes a burden off the City.
Helgen moved to close the public hearing.
Yeas – 6 Nays – 0 (Thune is not present)
Helgen moved to deny the application for the alley vacation and further direct staff to
have the fence removed. He said City staff has made an attempt to reason this out and it
does not appear that the matter has been resolved. The district council laid out reasons to
recommend denial. One of the affected neighbors is concerned. The public policy is that
normally when they look at an alley vacation, the property owner owns both sides or the
adjoining owners would benefit equally to the alley vacation. He is also concerned about
how this would be negotiated in the future when houses are sold. The attempt to put up
the fence illegally and trying to privatize that public space is a concern.
Resolution Failed Yeas – 0 Nays – 6 (Thune not present)
Bostrom moved reconsideration of the following resolution:
Yeas – 6 Nays – 0 (Thune not present)
Resolution – 08-491 – Authorizing the Police Department to accept a gift of $10,000
from Anglia, a division of ITV Productions Limited, to produce shows highlighting the
Police Department's K-9 units.
Bostrom stated that Anglia plans to be in the City on Monday, May 12.
Tom Walsh, Police Department, appeared and stated that the contract language was
negotiated by Renee Rofuth, Assistant City Attorney. She is the adviser on data practices
issues and had no problems with the final agreement.
Harris stated that his concern was the marketability of the information to other shows
beyond Animal Planet. Walsh responded that the only place it can be shown is Animal
Planet. They are arriving on Monday, Wednesday is Police Memorial Day and the canine
unit takes part in that ceremony. He would like to have them available to film that
ceremony.
Bostrom moved approval.
Adopted Yeas- 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 15
53. Resolution – 08-474 – Approving adverse action against all licenses held by WHT, Inc.,
d/b/a American Sports Café – Playground, 2554 Como Avenue.
Rachel Tierney, Assistant City Attorney, representing the Department of Safety and
Inspections, gave a staff report saying this is an adverse action for extensive food code
violations that were filed February 27, 2008. According to the Environmental Health
inspectors, this restaurant chronically has a lengthy food code violation list. They were
contesting the penalty. Tierney asked the Council to deviate from the penalty matrix
because the violations have not been corrected. The establishment received notice on
November 6, 2007. Nothing was done to correct the violations and they filed for adverse
action in February 2008. An inspection was conducted on April 16 and almost none of
the violations had been corrected. As of May 6, few have been corrected.
(Tierney showed photographs and explained the situation in each one.)
Tierney suggested that the Council suspend the restaurant license until all violations are
corrected.
Helgen asked if they will be able to serve liquor in the bar. Tierney responded that the
request is to suspend the restaurant license but the Council can deviate from there.
Thune asked if the same toilet is used by the restaurant and bar. Tierney responded that
some of the restrooms are part of the nightclub.
Lee Andahl, 2554 Como Avenue, manager of the American Sports Café appeared. He
said the gaps in the bottom of the door were fixed prior to the inspection the previous day.
The microwave is less than a week old. He has taken over a lot of places and this is one
of the worse he has seen. He has been there one month. The Council has almost eight
years of problems that were building up. The inspector said on May 6 that they are going
in the right direction. The roof in the night club is not caving in, but it is leaking and that
is a landlord issue. The wood panel around the kitchen door was worse than it looked.
They took the old tile out and reframed it. The door works properly. The night club
restrooms are not used. The ladies room is in need or repair. There is not a life safety
issue there and not a health issue. The counter top is not falling off. It needs to be torn
out and replaced. He is not refuting everything, but it is progressing. He would like to
request to continue operating.
Councilmember Stark moved to close the public hearing.
Yeas – 7 Nays – 0
Stark stated the problems are serious and have not been addressed adequately. The
Council would be remiss to allow them to continue operating. Until all the work is done,
May 7, 2008 City Council Summary Minutes Page 16
they should not be operating as a restaurant. As for the liquor license, he is not interested
in moving in that direction. He would like to go beyond the matrix with a $500 penalty
and suspending the restaurant license until all the violations are fixed and a $500 fine.
In answer to questions, Tierney responded that the bar is separate from the restaurant.
Suspending the liquor license would allow the two suspensions to operate independently
of one another.
Helgen stated this is appalling. Bars also serve food drinks, such as bloody marys, fruit
drinks, and other things served in the cooler. All the things related to the operation of
liquor sales should be affected. There is an inter-relationship between these licenses.
They should deviate upward.
Thune stated that he agrees with Stark. The City is in a safer ground by dealing with what
was recommended to them. He does not know how bad the cooler is.
Harris stated that he agrees with Thune. The issues are not related to liquor. They are
related to health and safety.
Lantry stated that there is a history with this establishment. There are violations from
September 2000. There were 37 violations in 2002 and they have not gone a month in
years without a critical violation. They have a pattern and history of not taking care of
problems. As soon as the issues are not fixed, there should be an adverse action before
the Council, she said, rather than let them go on this long.
Stark stated that he shares the concerns of the long list of violations. They are deviating
by going beyond just the $500 and suspending the restaurant license. Inspectors should
go out and look at the whole operation and follow up to ensure the whole operation is
safe.
Helgen moved an amendment to revoke the 2 a.m. closing. Harris responded that he
would oppose that. That is punitive in an unrelated fashion. Carter concurred, although
he added that he is concerned about the rusty ice machine. Helgen withdrew his motion.
Stark moved approval.
Adopted Yeas – 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 17
54. Final Order – 08-475 – In the matter of constructing an above standard globe style street
lighting system on the west side of Broadway Street, the east side of Wall Street, and the
north side of Kellogg Boulevard [File No. 19054], and in the matter of the operation costs
of the above standard street lighting system for 2008 for the above project [File No.
19055].
Thune moved to close the public hearing and approve.
Adopted Yeas – 7 Nays – 0
55. Final Order – 08-476 – In the matter of constructing an above standard twin lantern style
street lighting system on the south side of Marshall Avenue and the east side of Cleveland
Avenue [File No. 19056], and in the matter of the operation costs of the above standard
street lighting system for 2008 for the above project. [File No. 19057]
Theodore Kvasnik, 2034-2058 Marshall, appeared and stated he owns the properties at
2034-2058 Marshall, and 224-232 North Cleveland. He is familiar with the properties of
Izzy’s Ice Cream, Legacy Chocolate, Choo-Choo Bob’s, Trotter’s, Rising Sun, Midway
Cleaners and is in favor of the lights, but he is not in favor of passing the $1.50 per foot
onto all of those businesses. The existing lighting is lacking and dark. A great number of
graffiti people lurk and damage the property. The increase in rents has been minor but
property taxes is their fastest growing expense. He asked that they not charge the $1.50
because the lighting was brought up to what it should be.
Lantry stated that the installation was a STAR grant and is the cost for above standard
street lighting. Kvasnik responded that they met and talked with Jay Benanav (former
councilmember for Ward 4). It was a safety issue for the business owners to brighten up
the street and they were aware that it would cost extra but she realized it is very hard to
stay in business with tax assessments where they are.
Bostrom noted that the Green Sheet indicates that the owners requested the installation of
the above standard style lighting, and the owner understood that it would be an extra
$1.50 a foot. If the original lighting had gone in, it would be adequate lighting to meet
the basic standard and they would not be charged additional. It is appropriate to make a
deal and live with it. Harris concurred and said that the financing was above standard as
well. A lot of these projects come in without STAR grants and they are on a total
assessment basis. This is above standard in many different ways.
Stark moved to close the public hearing and approval.
Adopted Yeas – 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 18
56. Final Order – 08-477 – In the matter of constructing an above standard globe style street
lighting system on the west side of Broadway Street, the east side of Wall Street, and the
north side of Sixth Street [File No. 19058], and in the matter of the operation costs of the
above standard street lighting system for 2008 for the above project [File No. 19059].
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
57. Resolution – 08-412 – Ordering the owner to remove or repair the building(s) at 951-953
Desoto Street within ninety (90) days from adoption of resolution. (Public hearing
continued from April 16) (Legislative Hearing Officer recommends approval)
No one appeared in opposition; Helgen moved to close the public hearing.
Yeas – 7 Nays – 0
Helgen stated the owner was to follow the multi-housing guidelines. Marcia Moermond ,
Legislative Hearing Officer, responded that the owner has been working with the FORCE
Unit to do that.
Helgen asked if there is a way to get that recorded as part of the resolution. Moermond
responded that what is in front of the Council is the recommendation of that being done.
In terms of the long run, she said she would refer to the City Attorney.
Helgen asked if there is confidence that 90 days would accomplish the issues that need to
be addressed. Moermond responded the work plan is in place and the work may be done
sooner than 90 days.
Helgen moved approval and said he would like to make note of the agreement with
crime-free multi-housing and the cooperation of the FORCE Unit as an ongoing
expectation for this property.
Adopted Yeas – 7 Nays – 0
58. Resolution – 08-414 – Ordering the owner to remove the building(s) at 22 Douglas Street
within fifteen (15) days from adoption of resolution. (Public hearing continued from April
16) (Legislative Hearing Officer recommends approval)
No one appeared in opposition; Thune moved to close the public hearing and lay over to
June 18. Yeas – 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 19
59. 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. (Public hearing
continued from March 19) (Legislative Hearing Officer recommends continuing the
Public Hearing to May 21)
No one appeared in opposition; Thune moved to close the public hearing and lay over to
May 21. Yeas – 7 Nays – 0
60. Resolution – 08-419 – Ordering the owner to remove or repair the building(s) at 667 Sims
Avenue within fifteen (15) days from adoption of resolution. (Public hearing continued
from April 16) (Legislative Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended that this building be
removed within15 days with no option for rehabilitation.
Bostrom moved to close the public hearing and approve the recommendation by
Moermond.
Adopted as amended (remove in 15 days with no option for repair)
Yeas – 7 Nays – 0
61. Resolution – 08-478 – Ordering the owner to remove the building(s) at 769 Burr Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Thune moved to close the public hearing and approval.
Adopted Yeas – 7 Nays – 0
62. Resolution – 08-479 – Ordering the owner to remove or repair the building(s) at 1369
Case Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, reported that her recommendation is to
remove the building within 15 days with no option for rehabilitation. There was failure to
comply with conditions that were put forth in the Legislative Hearing and reiterated in an
April 15 letter that a work plan be submitted by the week of April 28, a financial letter
documenting the financial capacity, a $5,000 performance bond, code compliance
inspection completed, and bid estimates from contractors. Moermond received the work
plan and a photocopy of an account balance on this date. The work plan showed the
dollar value was $12,500 which is different than the staff estimate of $70,000 to $80,000.
There were no contractors to explain how the difference came to be. Also, they have not
clarified who has title and work has been commenced without permits.
May 7, 2008 City Council Summary Minutes Page 20
Leroy Smithrud, 1369 Case, owner, appeared and claimed that he has had bad direction
from City staff all along. Steve Magner, Department of Safety and Inspections, told him
not to do anything. Jim told him he should have cleaned everything out. Smithrud
received the truth-in-housing on Monday and he got directions that said they wanted the
financial statements. He got a $71,000 bank statement plus another $5,000 reserved and
he provided a work plan. He does not have the bids in writing. Moermond brought up
the title work, but he does not know what that has to do with it. He posted a $5,000 bond,
he bought the paperwork to 1600 White Bear Avenue and they refused to accept it but
was told he had to bring it to the Fourth Street office. He said he is not sure what more he
can do.
Council President Lantry stated that Moermond told him everything that needed to be
done on April 8, and it’s not done. Smithrud responded that he turned it in on May 2.
The estimates are high, but the money is there to take care of it.
Bostrom moved to close the public hearing. Yeas – 7 Nays – 0
Moermond stated that Smithrud was there Friday morning, and he was referred to DSI
Downtown. What was to be delivered to the White Bear address was the title documents
and the contractor bids. With respect to the code compliance inspection, the inspection
was conducted on May 1, it was paid on February 11, and it was mailed out on May 5.
The work plan was delivered to his office today.
Bostrom moved Moermond’s recommendation. The original order to abate was January
15. The bids were open on January 31. This has been going on for a long time. Also, the
owner has been doing work on it without pulling permits.
Adopted as amended (remove in 15 days with no option for repair)
Yeas – 7 Nays – 0
Bostrom added that if Smithrud comes back with some compelling information, he would
be willing to look at reconsideration. Harris added that is a gesture of opportunity to do
something on this property, and the owner should seize that opportunity. Lantry added
that Smithrud should have Moermond’s phone number so that there is no opportunity for
confusion or copy what he has. Moermond responded all the conditions were outlined in
the hearing and in the letter. They will follow the same practice and send a letter out
confirming.
May 7, 2008 City Council Summary Minutes Page 21
63. Resolution – 08-480 – Ordering the owner to remove or repair the building(s) at 970
Edgerton Street within ninety (90) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Robert Knotx, owner, appeared and stated he is proud of what he is doing at this property
and invited the councilmember to see it.
Bostrom asked how much the rehab will cost on this building. Knotz responded about
$120,000.
Bostrom said he has watched this building and it appears to be sound. This is an example
of how much it really costs to repair this kind of a property. Knotz responded he has had
all the windows replaced and the front porch has been rebuilt.
Bostrom moved to close the public hearing and approval.
Adopted Yeas – 7 Nays – 0
64. Resolution – 08-481 – Ordering the owner to remove or repair the building(s) at 973
Marion Street within ninety (90) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
No one appeared in opposition; Helgen moved to close the public hearing and approve.
Adopted Yeas – 7 Nays – 0
65. Resolution – 08-482 – Ordering the owner to remove the building(s) at 979 Marion Street
within fifteen (15) days from adoption of resolution. ) (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Helgen moved to close the public hearing and approve.
Adopted Yeas – 7 Nays – 0
66. Resolution – 08-483 – Ordering the owner to remove or repair the building(s) at 683-685
North Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, reported that the owner said he did not
receive the letter, but there has not been any returned mail. They need a work plan,
financial documentation, long term management plan for rental property, owner to attend
landlord training, meet with the district council, and confirm the funds will be available
for the rehabilitation. These conditions have not been met and she recommended that the
Council order the property removed with no option for rehabilitation.
May 7, 2008 City Council Summary Minutes Page 22
Paul Ruble, owner of 683 North Street, appeared and stated he did not get the letter. He
spent almost $70,000 out of his pocket. It is almost paid for and done and, therefore,
does not see a reason to tear it down. At the Legislative Hearing, building inspector Jim
Seeger said he liked it. Steve Magner (DSI) liked it and asked him to take the vinyl
siding off and go back to original siding because it was an historic building. The
recommendation there is that they would like to save the building.
Lantry asked if he was aware of the conditions laid out at that time. Ruble responded that
it was a Level II when he bought the building. By the time he closed, it went to a Level 3.
Lantry stated that she drives by this property almost daily. Some of the complaints were
that work was being done without permits. The building has been red-tagged. To say
that Ruble did not know what was going on is not accurate. Ruble responded that he did
not do any work without a permit. He bought it on a Friday, and Virgil Thomas, building
inspector, said he could secure the building. Ruble bought new doors and secured the
building. By morning, the neighbors had called because he put new steel doors instead of
historic doors. That was the only work that was done without a permit
Lantry moved to close the public hearing and approve the recommendation of Moermond.
Adopted as amended (remove in 15 days with no option for repair)
Yeas – 7 Nays – 0
67. Resolution – 08-484 – Ordering the owner to remove the building(s) at 690 Sims Avenue
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 – 7 Nays – 0
68. Resolution – 08-485 – Ordering the owner to remove the building(s) at 376 Sturgis Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Thune moved to close the public hearing and approval.
Adopted Yeas – 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 23
69. Resolution – 08-486 –Ordering the owner to remove or repair the building(s) at 1583
York Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends referring this matter back to the June 10 Legislative Hearing and
continuing the Council Public Hearing to June 18)
Bostrom moved to continue the public hearing to June 18. Yeas – 7 Nays – 0
Harris stated this is a new building and he will talk to Bostrom about what happened on
this property.
70. Resolution Ratifying Assessment – 08-487 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement (property cleanup) on private property at 1111
Fourth Street East on November 20, 2007. [J0719A1] (Laid over from March 5)
(Legislative Hearing Officer recommends approval of the assessment)
No one appeared in opposition; Thune moved to close the public hearing and approval.
Adopted Yeas – 7 Nays – 0
71. Resolution Ratifying Assessment – 08-488 – In the matter of the assessment of benefits,
cost, and expenses for weekly garbage hauling services at 445 Arlington Avenue East on
January 23 and 30, 2008 [J0802G1]. (Legislative Hearing Officer recommends deleting
the assessment)
No one appeared in opposition; Helgen moved to close the public hearing and approval as
amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer [delete
the assessment]) Yeas – 7 Nays - 0
72. Resolution Ratifying Assessment – 08-489 – In the matter of the assessment of benefits,
cost and expenses for summary abatements (property clean-up) on private properties from
January 31 to February 15, 2008 [J0803A]; weekly garbage hauling services from
February 4 to February 15, 2008 [J0803G]; summary abatements (graffiti removal) on
private properties from January 31 to February 7, 2008 [J0802P]; and removing diseased
elm trees from private property during January and February 2008 [0802T]. (Legislative
Hearing Officer recommends the following:
445 Arlington Avenue East (J0803G) - delete the assessment;
934 Central Avenue West (J0802T) - approve the assessment and spread the payments
over ten (10) years;
585 Cleveland Avenue South (J0803A) - delete the assessment;
378 Geranium Avenue East (J0803A) - recommendation is forthcoming; continue Public
Hearing to May 21;
May 7, 2008 City Council Summary Minutes Page 24
589 Gotzian Street (J0803A) - approve the assessment;
2030 Iglehart Avenue (J0802T) - reduce the assessment from a total of $1,386.90 to total
of $693.45;
2178 Ivy Avenue East (J0803A) - approve the assessment;
103 Lawson Avenue West (J0803A) - approve the assessment;
1243 Margaret Street (J0803A) -recommendation is forthcoming; approve the assessment
1243 Margaret Street (J0803G) - recommendation is forthcoming; approve the
assessment
1016 McLean Avenue (J0802T) - approve the assessment; and
1043 Seminary Avenue (J0803A) - reduce the assessment from a total of $278 to a total
of $200 and spread the payments over two (2) years.)
Additional address:
978 Fremont Avenue (J0802T) - referred back to the May 20 Legislative Hearing and
June 4 Council Public Hearing
Carter asked if the owner of 934 Central applied for the disability waiver, as the
recommendation was to spread the payments over ten years if he did not qualify.
Moermond explained the process for seeking a disability waiver and said that the
assessment can be spread over ten years regardless of whether the waiver is approved.
Harris moved approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
73. Resolution Ratifying Assessment – 08-490 – In the matter of the assessment of benefits,
cost, and expenses for summary abatements (graffiti removal) on private properties from
February 16 to February 27, 2008 [J0803P]; summary abatement (property clean-up) on
private properties from February 12 to February 27, 2008 [J0804A]; weekly garbage
hauling services from February 15 to 27, 2008 [J0804G]; and boarding up vacant
buildings during February 2008 [J0801B J0804C]. (Legislative Hearing Officer
recommends the following:
378 Geranium Avenue East (J0804G) - delete the assessment;
1383 Hamline Avenue North (J0804A) - recommendation is forthcoming; delete the
assessment;
358 Maria Avenue (J0804G) - approve the assessment;
515 Ohio Street (J0803P) - delete the assessment;
519 Payne Avenue (J0803P) - delete the assessment;
1083 Rose Avenue East (J0803P) - delete the assessment;
1858 Selby Avenue (J0804A) - approve the assessment; and
May 7, 2008 City Council Summary Minutes Page 25
617 Snelling Avenue South (J0803P) - delete the assessment.
Additional address:
345 Maple Street (J0804A) - laid over to the May 20 Legislative Hearing and June 4
Council Public Hearing
Thune 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
74. Appeal of Robert Spoerner to a Summary Abatement Order for property at 635 Sherburne
Avenue. (Legislative Hearing Officer recommends denying the appeal and granting an
extension to May 9 to complete the work)
No one appeared in opposition; Carter moved to close the public hearing and deny the
appeal..
Appeal denied and extension granted to May 9 Yeas – 7 Nays - 0
75. Appeal of Cassandra Netzke, SMRLS, on behalf of Eric Wright and Renee Linn, to a
Notice of Certificate of Occupancy Revocation for property at 607 Hyacinth Avenue East.
(Withdrawn)
76. Appeal of Colleen Walbran, SMRLS, on behalf of Nancy Gonsor, to a Notice of
Certificate of Occupancy Revocation for property at 783 Sixth Street East.
(Withdrawn)
77. Appeal of Pamela Wallace to a Certificate of Occupancy Deficiency List, which includes
Condemnation, for property at 1143 Central Avenue West.
(Withdrawn)
78. Appeal of Floyd Unruh to a Notice of Certificate of Occupancy Revocation, which
includes Condemnation, and Summary Abatement Order for property at 495 Stryker
Avenue. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Thune moved to close the public hearing and deny the
appeal.
Appeal denied Yeas – 7 Nays – 0
May 7, 2008 City Council Summary Minutes Page 26
Councilmember Carter moved to adjourn the meeting.
Yeas – 7 Nays – 0
ADJOURNED at 7:37 P.M.
ATTEST:
_______________________ ____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___July 9, 2008 _____________
Racquel Naylor Minutes approved by Council