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Minutes 5-21-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 21, 2008 - 3:30 p.m. PUBLIC HEARINGS – 5:30 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard 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 – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Thune Absent – 0 CONSENT AGENDA (Items 1 – 29) 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. Item 15 was removed from the consent and heard after the public hearing for item 45. Item 27 was removed from the consent agenda and heard as the last public hearing. Councilmember Helgen removed items 11 and 23 for discussion. Councilmember Thune moved approval of the consent agenda as amended. Adopted as amended Yeas – 7 Nays – 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Gonzalo R. Sanchez, Stephanie S. Thoe, and Xcel Energy Inc. Referred to Risk Management 2. Summons and Complaint in the matter of Zachary Dion McGraw, Sabrina Renee McGraw, Nathan Jarod McGraw, and Danielle Lorraine McGraw vs. the City of Saint Paul, et al. Referred to the City Attorney’s Office 3. Summons and Complaint in the matter of HSBC Bank USA National Association vs. the City of Saint Paul. (re: 282 Baker Street East) Referred to the City Attorney’s Office May 21, 2008 City Council Summary Minutes Page 2 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on June 4, 2008 to consider adverse action against the Retail Food (A) – Grocery 1-100 sq. ft. license held by William Henry and James D. Williams, d/b/a 24-7 Productions & Services, 924 Arcade Street. 5. Letter from the Department of Public Works announcing a public hearing before the City Council on June 4, 2008 to receive public comment on preliminary design plans for the Central Corridor LRT Project. 6. Letters from the Department of Safety and Inspections declaring 23 Acker Street West, 547 Charles Avenue, 651 Hawthorne Avenue East, 707 Hawthorne Avenue East, 714 Hawthorne Avenue East, 326 Robie Street East, 261-263 Sherburne Avenue, 500 Sherburne Avenue, 650 Sims Avenue, and 696 Sims Avenue as nuisance properties and setting date of Legislative Hearings for June 24, 2008 and City Council Public Hearings for July 16, 2008. 7. Letters from the Department of Safety and Inspections declaring 403 Curtice Street East, 658 Hawthorne Avenue East, 820 Ocean Street, and 703 Surrey Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 8. Administrative Order: D002717 Authorizing an in-house training session for the Libraries combined with the annual staff recognition event funded by the Perrie Jones Library fund. On file in the City Clerk’s Office FOR ACTION 9. Resolution – 08-492 – Approving the January 1, 2008 through December 31, 2010 Labor Agreement between the City and the International Union of Operating Engineers, Local 70. (GS 3053333) (Laid over from May 14 for adoption.) Adopted Yeas – 7 Nays – 0 10. Resolution – 08-509 – Amending Council File 94-848 to change the composition of the Bicycle Advisory Board. Adopted Yeas – 7 Nays – 0 11. Resolution – 08-510 – Directing City staff preparing for the Republican National Convention to prepare a report containing the necessary findings to support permitting the City’s downtown skyway bridges to be wrapped with banner signs from August 18 through September 15, 2008, and requesting a City Council public hearing date be set for consideration of the staff report and recommendations. May 21, 2008 City Council Summary Minutes Page 3 (Discussed after the consent agenda) 12. Resolution – 08-511 – Authorizing the City Council to enter into a sub-award agreement with the University of Minnesota, Humphrey Institute Center for School Change, and accept funding of $5,300.00 to the City of Saint Paul. Adopted Yeas – 7 Nays – 0 13. Resolution – 08-512 – Establishing an Ad Hoc Workgroup for comprehensive review of the cultural STAR Program and to make recommendations for improvements. (Discussed after the consent agenda) 14. Resolution – 08-513 – Authorizing the Division of Parks and Recreation to indemnify and hold harmless Macalester College for the City’s use of their tennis courts from June 13 to August 8, 2008. Adopted Yeas – 7 Nays – 0 15. Resolution – 08-514 – Authorizing the execution and delivery of Schedule No. 2 to Capital Lease agreement for 60 Police cars. [Companion to Item 45] (following item 45) 16. Resolution – 08-515 – Authorizing the Department of Fire and Safety Services to enter into a Joint Powers Agreement to extend the use of the City’s Computer Aided Dispatch (CAD) system wireless capability to the Little Canada Fire Department. Adopted Yeas – 7 Nays – 0 17. Resolution – 08-516 – Waiving the 45-day notification requirements and granting, with conditions, on-sale malt (strong) and on-sale wine licenses to Ki OK Choi, d/b/a Mirror of Korea, 761 Snelling Avenue North. Adopted Yeas – 7 Nays – 0 18. Resolution – 08-517 – Authorizing the Police Department to enter into a Joint Powers Agreement with the City of Maplewood Police Department for Maplewood’s participation in the Internet Crimes Against Children Task Force. Adopted Yeas – 7 Nays – 0 19. Resolution – 08-518 – Authorizing the Police Department to enter into an agreement with Independent School District #625 to provide traffic safety instructions and police coordination to the School’s Police Patrol Program. Adopted Yeas – 7 Nays – 0 May 21, 2008 City Council Summary Minutes Page 4 20. Resolution – 08-519 – Authorizing the Police Department to enter into a Joint Powers Agreement with the City of Rochester for participation in the Internet Crimes Against Children Task Force. Adopted Yeas – 7 Nays – 0 21. Resolution – 08-520 – Approving a release and rededication of utility easements for Warehouse Rental Companies LLP. Adopted Yeas – 7 Nays – 0 22. Resolution – 08-521 – Authorizing the proper City officials to enter into Master Partnership Contract 92726 with the Minnesota Department of Transportation which would authorize each party to provide services to the other under a work order. Adopted Yeas – 7 Nays – 0 23. Resolution – 08-522 – Approving the application with conditions, per the Legislative Hearing Officer, for an Auto Repair Garage license for Norvic, Inc., d/b/a Metric Auto World, 511 Smith Avenue South. Adopted Yeas – 7 Nays – 0 24. Resolution – 08-523 – Approving the April 1, 2008 decision of the Legislative Hearing Officer on Appeals of Letters of Deficiency and Vacant Building Registration Notices for properties at 631 Thomas Avenue, 475 Banfil Street, 852 Randolph Avenue, and 951 Case Avenue. Adopted Yeas – 7 Nays – 0 25. Resolution – 08-524 – Amending C.F. 08-242 to delete the assessment for garbage hauling services from December 3 to14, 2007 for property at 519 Edmund Avenue. Adopted Yeas – 7 Nays – 0 26. Resolution – 08-525 – Memorializing City Council action taken May 7, 2008 denying the appeal and granting an extension to May 9, 2008 to complete the work for property at 635 Sherburne Avenue, per the recommendation of the Legislative Hearing Officer. Adopted Yeas – 7 Nays – 0 27. Resolution – 08-526 – Memorializing City Council action taken May 7, 2008 denying the appeal for property at 495 Stryker Avenue, per the recommendation of the Legislative Hearing Officer. (Moved to public hearings - last item on the agenda) May 21, 2008 City Council Summary Minutes Page 5 28. Resolution Approving Assessment – 08-527 – In the matter of assessment of benefits, cost, and expenses for property cleanup at 345 Maple Street on February 25, 2008 [J0804A1]; and removing diseased elm trees at 978 Fremont Avenue during February 2008 [0802T1]; and setting date of Legislative Hearing on May 20, 2008 and City Council Public Hearing on June 4, 2008. Adopted Yeas – 7 Nays – 0 (Resolution Ratifying Assessment - on agenda in error; public hearing on June 4) 29. Resolution Approving Assessment – 08-528 – In the matter of the assessment of benefits, cost, and expenses for towing abandoned vehicles from private properties during January and February 2008 [J0801V]; boarding up vacant buildings during January and February 2008 [J0801B]; graffiti removal on private properties from April 2 to 29, 2008 [J0806P]; property cleanups on private properties from April 10 to 29, 2008 [J0808A]; weekly garbage hauling services from April 16 to 30, 2008 [J0808G]; and setting date of Legislative Hearings for June 17, 2008 and City Council Public Hearings for July 2, 2008. Adopted Yeas – 7 Nays – 0 ------------------------------------------------------------------------------------------------------------ 11. Resolution – 08-510 – Directing City staff preparing for the Republican National Convention to prepare a report containing the necessary findings to support permitting the City’s downtown skyway bridges to be wrapped with banner signs from August 18 through September 15, 2008, and requesting a City Council public hearing date be set for consideration of the staff report and recommendations. Councilmember Helgen stated he pulled the item to vote against it. Councilmember Thune moved approval. Adopted Yeas – 6 Nays – 1 (Helgen) 13. Resolution – 08-512 – Establishing an Ad Hoc Workgroup for comprehensive review of the cultural STAR Program and to make recommendations for improvements. Councilmember Helgen stated that he wanted to note that the work group had been working aggressively with Public Art St. Paul and he hoped they would also help to connect and coordinate a public art policy and funding mechanism with the Cultural STAR program. Councilmember Helgen moved approval. Adopted Yeas – 7 Nays – 0 May 21, 2008 City Council Summary Minutes Page 6 FOR DISCUSSION 30. Recognizing Saint Paul students selected to compete at the Minnesota State Science Fair. Council President Lantry gave a brief background on the Minnesota State Science Fair and thanked Mike Lohman for his work. Each student was presented a certificate of recognition and stated their name, school and project. 31. Recognizing Matt Smith for his years of service to the City of Saint Paul. (see suspension item) 32. Resolution – 08-529 – Re-naming Wadena Avenue on Saint Paul’s East Side “Aguirre Avenue” in honor of the Joseph and Henrietta Aguirre family who served our Country with honor and distinction in various branches of the military in World War II, the Korean War, and the Cold War. Councilmember Bostrom described the Aguirre family as remarkable and thanked the family for their service to the United States military. Members of the Aguirre family also spoke and thanked the Council for the honor. Councilmember Bostrom moved approval. Adopted Yeas – 7 Nays – 0 33. 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 February 20; laid over March 19) (Legislative Hearing Officer recommends approval) Council President Lantry moved to lay the item over for two months. Laid over to July 16 Yeas – 7 Nays – 0 34. 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 February 20; laid over March 5 and 19) (Legislative Hearing Officer recommends approval) Council President Lantry moved approval. Adopted Yeas – 7 Nays – 0 May 21, 2008 City Council Summary Minutes Page 7 35. 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 held, closed, and laid over from May 7) (Legislative Hearing Officer’s recommendation is forthcoming) Councilmember Thune moved to lay over two weeks. Laid over to June 4 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. 36. 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 May 7 for final adoption) Councilmember Bostrom introduced a substitute ordinance that further detailed the buildings that could potentially be rehabilitated without falling under condition of obtaining a certificate of occupancy. Councilmember Bostrom moved to lay over to June 4 for a public hearing Substitute introduced and laid over to June 4 Yeas – 7 Nays – 0 37. Third 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 28 for final adoption 38. Second Reading – 08-506 – An ordinance memorializing City Council action granting the application of CSLK, LLC to rezone property at 647 Victoria Street South, northwest corner at 7th Street, from R4 One-Family Residential to RM2 Medium-Density Multiple Family Residential in order to convert the existing residence to a duplex. (Public hearing held April 16, 2008) [ZF 08-032-016] Laid over to May 28 for third reading The meeting was recessed from 4:38 to 5:33 p.m. Roll Call: Present – 6 Absent – 1 (Thune) May 21, 2008 City Council Summary Minutes Page 8 PUBLIC HEARINGS 39. Third 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. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing Yeas – 6 Nays – 0 Laid over to May 28 for final adoption 40. Third Reading – 08-438 – An ordinance amending Chapter 43 of the Saint Paul Legislative Code to set the vacant building registration fee to $500.00 $1,000.00 per year. (Amended on May 7) No one appeared in opposition; Councilmember Bostrom moved to close the public hearing Yeas – 6 Nays – 0 Laid over to May 28 for final adoption Bob Kessler, Director of the Department of Safety & Inspections, stated that per a request from Councilmember Carter they looked at whether or not fees had increased during a period of vacancy. They found no evidence to support that, but would continue to analyze numbers over the next six months and bring their findings back to the City Council for their consideration. 41. Third Reading – 08-461 – An ordinance amending Chapter 409.06 of the Saint Paul Legislative Code to clarify signature requirements for seasonal outside services areas. Roger Layer, 837 Jenks appeared in opposition. His experience with the patio at the establishment currently known as Tequila Tango, 992 Arcade, had been nothing but problematic. He had experienced unreasonable noise that kept him awake by people outside drinking and smoking. He recommended that they not receive any accommodations for a patio license. Maureen Flaharen appeared on behalf of the Summit Hill Association, District 16, Zoning & Land Use Committee. She stated that they had held a public hearing, received letters and email and all were in opposition to the proposed ordinance. Their board had also voted unanimously in opposition. She stated that their district had many rental properties, and the renters were not able to weigh in on proposed changes to the neighborhood due to lack of notice. They have been working with bar owners to cut out the trash, noise, public urination and disruption caused by the current bars and patios. On behalf of the board, they would like to request that the ordinance not be changed. Or, if the Council votes in May 21, 2008 City Council Summary Minutes Page 9 favor of the change, that the ordinance be amended to reflect that the District Council for the area must be in support of the request and that a demonstrable good faith effort was made to reach all petitioned parties. Eunice Smith of 1156 Dayton Avenue appeared in opposition. She stated that citizen participation is what has made Saint Paul a good place to live. Service of intoxicating liquor outdoors can have a detrimental effect on the surrounding neighborhood, thus lowering property values and altering the residential character of the neighborhood. She stated that approval by a District Council is not the same as the approval of 90% of the surrounding neighbors. Establishments should be required to take a proactive approach to maintain the approval of those most affected. Tom Trudeau, General Manager of Schroeders Bar & Grill, spoke in favor of the ordinance. He stated that with all due respect to the people who had spoken in opposition, he felt that the issues described are not applicable to every establishment. Instead, those problems occur when establishments try to circumvent the law thus causing detriment to the neighborhood. He stated that the City is full of top notch establishments that would never allow those types of problems. By making the ordinance too restrictive, they would be punishing those who have been and would continue to be good neighbors. Chad Kulas, representing the St. Paul Area Chamber of Commerce, spoke in favor of the ordinance. He stated that the neighbors would still have rights. The ordinance would still require a Class A notification within 300 feet and a mandatory public hearing. As it stands, it can be extremely difficult to obtain 90% of signatures. As a result, the Chamber is in favor of the proposed ordinance. David Burley, owner of the Highland Grill & Groveland Tap, spoke in favor of the ordinance. He stated that he had worked for the past two years to acquire the required 90% of signatures for both establishments and had only gotten 84% at the Groveland Tap, despite a continued effort to reach people at varying hours. Despite his best effort, he felt it nearly impossible in this situation to get everyone to answer their doors. He stated he runs respectable, family-oriented establishments that do not have any complaints. As the ordinance is, it would help those in his predicament, while still allowing the neighbor- hood a voice in front of Council at the required public hearing. Councilmember Harris moved to close the public hearing. Yeas – 6 Nays – 0 Laid over to May 28 for final adoption May 21, 2008 City Council Summary Minutes Page 10 42. Third 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. Councilmember Helgen questioned whether the ordinance was breed specific. Council President Lantry stated that it was not. No one appeared in opposition; Councilmember Helgen moved to close the public hearing. Yeas – 6 Nays – 0 Laid over to May 28 for final adoption Councilmember Thune arrived. 43. Third 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. No one appeared in opposition; Councilmember Helgen moved to close the public hearing. Yeas – 7 Nays - 0 Amended and laid over to May 28 for final adoption 44. Third 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. Amended and laid over to May 28 for final adoption 45. Resolution – 08-530 – Amending the financing and spending plans in the Office of Financial Services by adding $1,320,000 for the lease-purchase of 60 new Police cars. [Companion to Item 15] No one appeared in opposition; Councilmember Stark moved to close the public hearing Yeas – 7 Nays – 0 Stark moved approval. Adopted Yeas – 7 Nays – 0 15. Resolution – 08-514 – Authorizing the execution and delivery of Schedule No. 2 to Capital Lease agreement for 60 Police cars. [Companion to Item 45] No one appeared in opposition. Councilmember Bostrom commented on the return to the black and white design of the Police cars that the City had not used since 1964. Councilmember Harris requested a copy of the escrow agreement. May 21, 2008 City Council Summary Minutes Page 11 Councilmember Thune questioned whether or not payment was coming out of the RNC budget. Council President Lantry stated that they had budgeted for the cars in the 2007 budget. Councilmember Bostrom moved approval Adopted Yeas – 7 Nays – 0 (Bostrom left the meeting ) 46. Resolution – 08-531 – Amending the financing and spending plans in the Division of Parks and Recreation by adding $100,000.00 received from Twin Cities Toyota Dealer Group for a three-year sponsorship agreement. No one appeared in opposition. Councilmember Helgen stated that he was happy to see the hybrids added to the fleet and leading the way for the City to be more responsible. He also thanked Bob Bierschied, Director of Parks and Recreation, and Parks Staff for their efforts in finding such partnerships. Councilmember Carter stated he was pleased to see that some of the additional funds were to be used towards the Star of the North Games, of which he had been a previous participant. Councilmember Helgen moved approval. Adopted Yeas – 6 Nays – 0 47. Resolution – 08-532 – Amending the financing and spending plans in the Division of Parks and Recreation by adding $150,000.00 received from a McKnight Foundation grant. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 48. Resolution – 08-533 – Establishing a financing and spending plan in the amount of $86,800 in the Police Department to purchase 350 cases of training ammunition. No one appeared in opposition. Councilmember Harris questioned whether or not there was an issue with properly planning for a regular, yearly expenditure. Council President Lantry stated that the company on contract would be able to provide ammunition at a discounted rate during this budget year, and the overall price is expected to increase next year. The thought behind the purchase was to save money next year, by purchasing this year at the May 21, 2008 City Council Summary Minutes Page 12 discounted rate. Councilmember Harris stated that the savings should then be reflected in next year’s budget. Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 49. Resolution – 08-534 – Approving the application of Vive Minnesota, LLC, represented by Michael Robes, Event Co-Director, for a sound level variance in order to present live music, with limitations, on May 24 and 25, 2008 from 11:00 a.m. to 9:00 p.m. and May 26, 2008 from 11:00 a.m. to 8:00 p.m. at Harriet Island Regional Park. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 50. Resolution – 08-535 – Approving the application of Schroeder’s Bar & Grill, represented by Thomas C. Trudeau, General Manager, for a sound level variance in order to present live music, with limitations, from 12:00 noon to 11:30 p.m. on June 20, 21 and 22 and July 26 and 27, 2008 at 605 Front Avenue. No one appeared in opposition; Councilmember Helgen moved to close the public hearing and approval. Tom Trudeau spoke of the festivities to include a rib cook-off, a charity event, a band, and a tent and welcomed all to attend. Councilmember Helgen noted despite his feelings regarding other problem bars, Schroders has proven itself to be a well-managed, family friendly, neighborhood establishment and should be highlighted for its success . Adopted Yeas – 6 Nays – 0 51. Resolution – 08-536 – Approving the application of Saint Paul After Hours/CapitolRiver Council, represented by Brian Horst, Event Manager, for a sound level variance in order to present amplified concerts and movies, with limitations, on May 29, June 5, 12, 19 and 26, July 10, 17, 24 and 31, and August 7, 14, and 21, 2008 from 6:00 p.m. to 9:00 p.m. in Mears Park Lowertown. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Councilmember Thune encouraged people to attend the event. Councilmember Harris commended Brian Horst and the Saint Paul After Hours group for their hard work to get people out and about in St. Paul and enjoying activities. Adopted Yeas – 6 Nays – 0 May 21, 2008 City Council Summary Minutes Page 13 52. Resolution – 08-537 – Approving the application of Brandenburg Industrial Service Company, represented by Eric Ahlgren, Project Manager, for a sound level variance in order to operate demolition equipment and power tools from 6:00 a.m. to 8:00 p.m. Monday through Saturday from April 28, 2008 through October 31, 2009 at the Xcel Energy High Bridge Plant, 501 Shepard Road. Bill Gunther, Department of Safety and Inspections, stated that they had received two complaints from neighbors regarding noise which may in fact be vibration. An Inspector had been out and was unable to verify the complaints. He stated there was confusion as to whether the noise was coming from demolition of the old or from the new plant. Jim Zyduck, Plant Manager for XCel Energy, appeared. He stated that there was a slight vibrations at 22 ¾ hertz that were being emitted from the operation of the new plant. He compared it to a subwoofer; more of a feeling of vibration than noise. He passed out a flyer with further information. He also stated that Xcel flew in special equipment from Germany and had hired two firms to work on the issue, analyze it and fix it. Council President Lantry stated that the issue before them concerned the demolition of the old plant, not issues at the current plant. Mr. Zyduck discussed the means of removal of the old smoke stack to include a manual removal or implosion. No one appeared in opposition. Councilmember Thune moved to continue the public hearing for one week. He also requested more specific information from Xcel regarding the type and duration of expected noise. Public hearing continued to May 28 Yeas – 6 Nays – 0 53. Final Order – 08-538 – In the matter of acquiring the property rights needed for right of way purposes and temporary construction easement, for the public purpose of re-aligning the intersection of Rose Street and Clarence Avenue [File No. AE2008-5]. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 May 21, 2008 City Council Summary Minutes Page 14 54. Public hearing 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] No one appeared in opposition: Councilmember Thune moved to close the close the pubic hearing and lay the matter over to June 4. Laid over to June 4 Yeas – 6 Nays – 0 55. Public hearing 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. Rachel Tierney, City Attorney’s Office, gave a staff report. Don Hansen, 2395 Benson, spoke in opposition to the wisdom of the ordinance as it currently stands. Council President Lantry stated that the issue at hand was whether there was any opposition to the findings and facts of the ALJ, not to the wisdom of the ordinance. Councilmember Thune moved to close the public hearing and to adopt the recommendation of the ALJ and impose the fine. Adopted the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge and imposed a $500 fine. Yeas – 6 Nays – 0 Councilmember Harris questioned the wisdom of the ordinance as it stands and suggested that the Council may want to look into holding a policy session on the subject. 56. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held by Wittwer Fitness, Inc., d/b/a Anytime Fitness, 1678 Suburban Avenue. No one appeared in opposition. Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0 Councilmember Helgen questioned the imposition of an additional fine to cover the cost of the ALJ hearing. Rachel Tierney, Assistant City Attorney representing the Department of Safety and Inspections, stated that the ALJ denied the request. Council President Lantry stated that she did not want to be too punitive at this point, and would expect that both Anytime Fitness locations will come on board with the law. Councilmember Harris spoke of the need for due process. May 21, 2008 City Council Summary Minutes Page 15 Councilmember Thune moved to adopt the recommendation of the ALJ and impose the fine. Adopted the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge and imposes a $500 fine. Yeas – 6 Nays – 0 (Councilmember Thune left the meeting) 57. Update on 729 Curfew Street. (Resolution 07-1224 adopted by Council on 12/19/07) Grant 120 days to remove or repair the building (will be memorialized under separate Resolution) Marcia Moermond, Legislative Hearing Officer, stated that the property had been sold, mid-rehabilitation. As a result, she recommended granting an additional 120 days to the performance bond and asked for a 60-day follow up on the progress. No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the recommendation of the Legislative Hearing Officer. Yeas – 5 Nays – 0 57. Resolution – 08-539 – Ordering the owner to remove or repair the building(s) at 874 Aurora Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, recommended laying the matter over to the June 3 Legislative Hearings and June 18 City Council public hearings to allow time for the balance of the condition to be met. No one appeared in opposition; Councilmember Carter moved to close the public hearing and adoption of the recommendation of the Legislative Hearing Officer. Laid over to the June 3 Legislative Hearings and continue the Council public hearing to June 18 Yeas – 5 Nays – 0 (Bostrom, Thune returned) 59. Resolution – 08-540 – Ordering the owner to remove or repair the building(s) at 773 Butternut Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, distributed a packet which included a list of conditions that need to be met as well as the outstanding building permits. She stated May 21, 2008 City Council Summary Minutes Page 16 that Eric Johnson, owner of 773 Butternut Avenue, contended that he was within a few thousand dollars of completion. She disagreed with his estimate due to the nature of electrical work that is required. Due to lack of financial documentation she ordered that the building be removed within 15 days. Mr. Johnson appeared and stated that he disagreed with the estimation on cost. He went through the code compliance report and gave estimates to the cost. He also spoke of his plans with contractors to complete the work. He questioned the application of the findings of City of Morris v. Sax to his situation. Jerry Hendrickson, Deputy City Attorney, stated that a comparison would need to be made item for item as to the application of state building code versus city code. That had not been done. If so decided, they did have the option to lay the matter over. Mr. Johnson stated that he has provided Ms. Moermond with everything requested, planned to complete the work and asked for a 3-4 week timeframe. Les Lucht, property owner in Frogtown, appeared and briefly spoke about the Morris v. Sax decision. Councilmember Thune moved to close the public hearing. Yeas – 7 Nays – 0 Ms. Moermond clarified information in regards to the code compliance inspection and completion of work. Councilmember Thune moved approval as amended. Adopted as amended (30 days to remove or repair the building) Yeas – 7 Nays – 0 60. Resolution – 08-541 – Ordering the owner to remove or repair the building(s) at 129 Como Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, recommended laying the matter over to the May 27 Legislative Hearings and the June 4 City Council public hearings to allow more time due to the historic nature of the structure. No one appeared in opposition: Councilmember Carter moved to close the public hearing and to lay over. Laid over to the May 27 Legislative Hearing and continue the Council Public Hearing to June 4 Yeas – 7 Nays – 0 May 21, 2008 City Council Summary Minutes Page 17 61. Resolution – 08-542 – Ordering the owner to remove or repair the building(s) at 518 Farrington Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Ms. Moermond stated that there appeared to be no interest in the property and, therefore, recommended 15 days for removal. Christina Weber, attorney for Wilford & Geske, represented the owner and stated there was no further interest in the property or plans for rehabilitation by the bank or mortgage company. No one appeared in opposition; Councilmember Carter moved to close the public hearing and approval. Adopted as amended (remove the building within 15 days with no option for repair) Yeas – 7 Nays – 0 62. Resolution – 08-417 – Ordering the owner to remove or repair the building(s) at 60 George Street East within fifteen (15) days from adoption of resolution. (Laid over from April 16) (Legislative Hearing Officer recommends continuing the public hearing to June 18) Councilmember Thune moved to continue the public hearing to June 18. Public Hearing continued to June 18 (per the recommendation of the Legislative Hearing Officer) Yeas – 7 Nays – 0 63. Resolution – 08-543 – Ordering the owner to remove or repair the building(s) at 780 Jackson Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, stated that the property had been represented by Attorney Christina Weber and that none of the conditions had been met. She recommended removal within 15 days with no option for repair. Nancy Lazaryan, 1033 Colne Street, appeared in opposition and spoke about a recent court decision, Morris v. Sax. Council President Lantry stated that the City would look into the recent court decision, and requested that Ms. Lazaryan testify to those items in which she had standing, i.e., property ownership. Councilmember Helgen moved to close the public hearing. Yeas – 7 Nays – 0 May 21, 2008 City Council Summary Minutes Page 18 Councilmember Helgen stated that the building had posed many nuisance problems for the City, such as a rodent infestation, but questioned if there had been any interest in stabilization due to the historical significance of the property. Councilmember Harris stated the building had a very unique history, and would support an effort to save the building. Councilmember Stark suggested looking into appointing a receiver of the property in an effort to save it. Councilmember Helgen moved to lay the matter over to June 4. Public Hearing continued to June 4 Yeas – 7 Nays – 0 63. Resolution – 08-544 – Ordering the owner to remove or repair the building(s) at 214 Maple Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, stated that all conditions had been met, but there was a discrepancy in the liquid assets to repair the property. No one appeared in opposition; Council President Lantry moved to close the public hearing and lay the matter over to June 4. Laid over to June 4 Yeas – 6 Nays – 0 (Helgen not present) 65. Resolution – 08-545 – Ordering the owner to remove the building(s) at 1029 Margaret Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Marcia Moermond, Legislative Hearing Officer, stated there was a no show legislative hearing on this property and recommended removal with no option for repair. No one appeared in opposition; Council President Lantry moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 (Helgen not present) 66. Resolution – 08-546 – Ordering the owner to remove the building(s) at 1571 Maryland Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Marcia Moermond, Legislative Hearing Officer, stated that this was a non-controversial item; the resolution would remove the garage. The home has been demolished by the owner. May 21, 2008 City Council Summary Minutes Page 19 No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Yeas – 6 Nays – 0 (Helgen not present) 67. Resolution – 08-547 – Ordering the owner to remove the building(s) at 594 Selby Avenue within thirty (30) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Marcia Moermond, Legislative Hearing Officer, stated that the owner wishes to proceed with demolition, but the Historic Preservation Commission has requested additional time for documentation. She recommended removal. No one appeared in opposition. Councilmember Carter moved to close the public hearing. Yeas – 7 Nays – 0 Councilmember Carter questioned the time frame for documentation. Ms. Moermond stated it would take approximately 4-6 weeks as well as an additional $5,000. Councilmember Carter commented on the loss of original integrity, deterioration and the requirements for mold and asbestos abatement. Due to the lack of any rehabilitation plan and the owner’s wish for demolition, Councilmember Carter moved approval. Adopted Yeas – 7 Nays – 0 68. Resolution – 08-548 – Ordering the owner to remove the building(s) at 359 Sidney Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Marcia Moermond, Legislative Hearing Officer, stated that this was a no-show legislative hearing and recommended removal within 15 days. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 (per the recommendation of the Legislative Hearing Officer) (Carter not present) 69. Resolution Ratifying Assessment – 08-549 – In the matter of the assessment of benefits, cost, and expenses for summary abatement (property cleanup) on private property at 378 Geranium Avenue East on February 14, 2008. (Legislative Hearing Officer recommends reducing the assessment from a total of $228 to a total of $150) No one appeared in opposition; Councilmember Helgen moved to close the public hearing and approval. May 21, 2008 City Council Summary Minutes Page 20 Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas – 5 Nays – 0 (Carter, Thune not present) 70. Resolution Ratifying Assessment – 08-550 – In the matter of the assessment of benefits, cost, and expenses for demolition of vacant buildings during March 2008 [J0803C]; towing abandoned vehicles from private properties during September to December 2007 [J0707V]; summary abatement (property cleanup) on private properties from February 28 to March 11, 2008 [J0805A]; and providing weekly garbage hauling services from March 5-7, 2008 [J0805G]. (Legislative Hearing Officer recommends the following: 872-874 Ashland Avenue (J0707V) - approve the assessment and spread the payments over five (5) years; 655 Blair Avenue (J0707V) - approve the assessment; laid over to the June 3 Legislative Hearing and June 18 Council Public Hearing; 2149 Bush Avenue (J0805A) - recommendation is forthcoming; reduce the assessment from a total of $330 to a total of $280; 711 Charles Avenue (J0707V) - approve the assessment and spread the payments over three (3) years; 1475 Conway Street (J0707V) - approve the assessment; 876 Cook Avenue East (J0805A) - delete the assessment; 1649 Cottage Avenue East (J0707V) - approve the assessment and spread the payments over three (3) years; laid over to the June 18 Council Public Hearing 723 Edmund Avenue (J0805A) - approve the assessment; 543 Edmund Avenue (J0803C) - approve the assessment; 136 Granite Street (J0805A) - reduce the assessment from a total of $358 to a total of $125 and spread the payments over two (2) years; 1772 Hague Avenue (J0805A) - approve the assessment; 594 Humboldt Avenue (J0805A) - approve the assessment; 753 Lafond Avenue (J0707V) - recommendation is forthcoming; delete the assessment; 885 Montana Avenue West (J0805A) - approve the assessment; 1372 Pacific Street (J0805A) - approve the assessment; 978 Payne Avenue (J0803C) - recommendation is forthcoming; laid over to the May 27 Legislative Hearing and June 4 Council Public Hearing 1108 Reaney Avenue (J0805A) - approve the assessment; 2122 St. Anthony Avenue (J0805A) - approve the assessment; 474 Sherburne Avenue (J0707V) - approve the assessment; 501 Sherburne Avenue (J0707V) - approve the assessment; 965 Sixth Street East (J0805A) - approve the assessment; 614 Thomas Avenue (J0805G) - approve the assessment; 1684 Upper Afton (0805A) - delete the assessment; and 927 Woodbridge Street (J0805A) - recommendation is forthcoming delete the assessment; May 21, 2008 City Council Summary Minutes Page 21 Additional address: 868 Albemarle Street (J0707V) - laid over to the June 3 Legislative Hearing and June 18 Council Public Hearing) Marcia Moermond, Legislative Hearing Officer, made amendments, as noted above, and gave a staff report on 1475 Conway. Billy Vang, property owner of 1475 Conway, spoke. He stated that a tenant had owned the car and was unable to drive the car as the engine was not working. He requested that the assessment be given to the tenant, not himself, as he was not responsible for the car. Councilmember 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 70. Appeal of Nancy Lazaryan, on behalf of Evelyn Wallace, to a Summary Abatement Order for property at 1033 Colne Street. (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, stated that a letter had been given to the appellant, Nancy Lazaryan, with her recommendation to deny the appeal and order compliance. Orders had been issued to remove a dumpster that contained excess waste and she had determined that conditions did exist to justify the nuisance condition and order abatement. She also stated that information had been provided at the hearing indicating that the property was not a registered vacant building that had no bearing on the abatement order. Councilmember Helgen questioned if it was a normal clean-up. Ms. Moermond stated that a dumpster had sat in the driveway since the previous fall and had contained not only construction waste but household garbage. There were also orders to abate brush and dog feces in the yard. Partial compliance had been met. Councilmember Helgen questioned Ms. Lazaryan’s interest in the property as she was not listed as the property owner and described herself as “an attorney in fact”. Jerry Hendrickson, Deputy City Attorney, stated that Ms. Lazaryan has in the past styled herself as an “attorney in fact” but that she was not an attorney allowed to practice law, nor did the title have any bearing. Her affiliation with the property is through family, and thus she is allowed to appear on behalf of her daughter or mother. Ms. Lazaryan appeared and stated that she was an “attorney in fact” meaning that she had power of attorney over the property. She stated that she had requested a jury trial and is currently in litigation with the City over matters concerning the property. She also May 21, 2008 City Council Summary Minutes Page 22 discussed her belief that there was a conflict of interest in allowing the Legislative Hearing Officer or the City Council to adjudicate anything regarding the property. She stated that she had a hearing before a District judge on the 30th regarding her jurisdictional challenge and requested that the matter be decided at that point. Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0 Councilmember Helgen moved to deny the appeal and order compliance per the recommendation of the Legislative Hearing Officer. Appeal denied Yeas – 7 Nays – 0 72. Appeal of Johnny Howard to a Certificate of Occupancy Revocation, which includes Condemnation, for property at 642 Van Buren Avenue. (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, recommended granting the appeal on the condemnation, order to vacate and the revocation of the certificate of occupancy. She also recommended denying the appeal on the items that need correcting and to keep the deadlines the same. No one appeared in opposition; Councilmember Carter moved to close the public hearing and approval of the recommendation of the Legislative Hearing Officer. Appeal granted on the Condemnation and appeal denied on the Deficiency List Yeas – 7 Nays – 0 73. Appeal of Ryan Grubba to a Vacant Building Registration Notice for property at 1383 Hamline Avenue North. (Legislative Hearing Officer recommends denial) Marcia Moermond, Legislative Hearing Officer, stated that the question before them was whether or not the property was a vacant building and had been appropriately found to be so. City staff and Fire Prevention had testified that they had found the property to be vacant on multiple occasions and had also confirmed vacancy through a conversation with the previous tenants. She recommended denial of the appeal and payment of the requisite vacant building fees. Ryan Grubba, property owner of 1383 Hamline Avenue North, appeared and contended that the property was never vacant as he had homesteaded the property since 2003. He stated that he could prove occupancy by providing his driver’s license and water bills. Mr. Grubba also discussed code compliance at the property and what work he had completed. Councilmember Stark moved to close the public hearing. Yeas – 7 Nays – 0 May 21, 2008 City Council Summary Minutes Page 23 Moermond stated that the property was initially referred to the vacant building program. At that time, Mr. Grubba provided information to City staff that he lived at the property and the vacation was lifted. Upon further complaint, the building was found to be vacant and was referred back to the vacant building program. During the hearing, Moermond stated that she did not find Mr. Grubba’s testimony to be compelling and forthcoming and that it conflicted with testimony from other tenants. AJ Neis, Fire Inspector, stated that the City’s computer system requires that complaints be closed out in the computer regardless of whether or not the work had been completed. As a result, the computer indicated the work had been completed but all correspondence sent to Mr. Grubba stated differently. He had initially received a complaint of overcrowding and found multiple code violations. He re-inspected and it appeared that Mr. Grubba had reduced the number of occupants and had moved back into the residence. At that time the certificate of occupancy inspection process was closed as it is not required for owner-occupied dwellings. Mr. Neis received an anonymous complaint about overcrowding and spoke with the residents of the home who stated that the owner was seldom around and that he had allowed three others to move in, bringing the number to six unrelated adults. Inspector Neis then issued Mr. Grubba a criminal citation for overcrowding. Mr. Grubba stated that he would be owner-occupying the residence in January and as a courtesy he classified the building as a Category I vacant to make it easier to reoccupy the building. A complaint was received again that the building was vacant and for rent and Inspectors Neis and Schaff went to the property and asked for documentation from Mr. Grubba that he lived at the property, none of which he was able to provide. They classified the building as a Category II vacant. Councilmember Stark stated that based on the information provided, the property did meet the definition of a vacant building. He saw no reason as to why the owner would not allow a re-inspection if he had no issue with complying with the code violation. He moved approval of the recommendation of the Legislative Hearing Officer. Councilmember Harris questioned whether or not there was an automatic referral to the County Attorney for investigation of possible tax fraud on false homestead claims. He stated that the tax base was affected by false homestead claims and should be looked at. Ms. Moermond stated that she would make that referral to the County. Appeal denied (per the recommendation of the Legislative Hearing Officer) Yeas – 7 Nays – 0 May 21, 2008 City Council Summary Minutes Page 24 74. Appeal of Crystal Loscheider to a Summary Abatement Order and Order to provide Garbage Service for property at 1147 Reaney Avenue. (Legislative Hearing Officer recommends denying the Summary Abatement Order Appeal and granting the Garbage Service Appeal.) No one appeared in opposition; Council President Lantry moved to close the public hearing and to deny the appeal. Appeal denied on the Summary Abatement order and appeal granted on the Garbage Service (per the recommendation of the Legislative Hearing Officer) Yeas – 7 Nays – 0 27. Resolution – 08-526 – Memorializing City Council action taken May 7 21, 2008 denying the appeal for property at 495 Stryker Avenue, per the recommendation of the Legislative Hearing Officer. (GS 3053537) [This item will be moved to public hearings] Marcia Moermond stated that there had been a mistake in communication of scheduling the public hearing, therefore, they would reopen the public hearing. She recommended denial of the appeal after looking at the code compliance report. Floyd Unrugh, property owner of 495 Stryker, distributed a copy of the deficiency list and a letter. He spoke of problems with tenants damaging the property and his work to bring the property up to code and his dealings with City Inspectors. Councilmember Thune moved to close the public hearing and amend the resolution to reflect the date change and deny the appeal. Appeal denied and Resolution amended Yeas - 7 Nays - 0 Council President Lantry acknowledged the neighbors present at the public hearing and their feelings about previous negative experiences with the property. Suspension Items: Resolution – 08-551 – Recognizing Matt Smith for his service to the City of Saint Paul. Council President Lantry presented Mr. Smith with a plaque and resolution recognizing his years of service. Mr. Smith stated that it had been a pleasure and an honor to serve the citizens of Saint Paul and that he had worked with talented colleagues whom he thanked for their service. May 21, 2008 City Council Summary Minutes Page 25 Councilmember Harris thanked Mr. Smith for his work and stated that his impact had been invaluable and quite measurable while guiding the City through difficult financial choices. Councilmember Thune also thanked him for his work. Council President Lantry moved approval. Adopted Yeas – 7 Nays – 0 Appeal of the Coalition to March on the RNC and Stop the War Under Section 366A.10 to the Alternative Permit issued on May 14, 2008. Councilmember Helgen requested that Assistant Chief Matt Bostrom explain the reason for the difference in routes. Assistant Chief Bostrom gave a staff report on the decision regarding the route and the reasoning behind the decision. Meredith Avey, of 3039 14th Avenue S in Minneapolis, spoke. She requested that the original permit be granted because they feel that the route as granted is infeasible for a march of this size and magnitude. She also stated there was concern that the route would put the safety of the protestors in jeopardy, there was cause for concern for police brutality due to a bottleneck, the timeframe is not realistic, nor conducive for attendance, and that they deserve the right to challenge the Republican decision. Council President Lantry questioned what time they had requested the permit to start and stop. Ms. Avey stated from 2:00-6:00 p.m. Bruce Nestor, President of the MN Chapter of the National Lawyers Guild at 3547 Cedar Avenue S, stated that the permit as granted is a recipe for a logistical mess. It would not allow the march to have sight and sound access to communicate to the recipient their message. Theresa Nelson, legal counsel for the ACLU located at 450 N. Syndicate, questioned the reason that the permit only allowed for non-exclusive use of the streets when it is common practice with other permits to allow for exclusive use. Council President Lantry stated that she believed that a reasonable effort had been made to accommodate the protestors and moved to deny the appeal. Councilmember Thune stated that he respectfully disagreed. He questioned the safety of the protestors because of the route’s circular configuration and the time allotment. He would prefer that it be sent back to the Chief to discuss the timing of the route and of a back up plan should there be more than 50,000 in attendance. He saidd that there were no May 21, 2008 City Council Summary Minutes Page 26 limitations on protesting, simply that a permit was required for a march. He also stated that he had a commitment to the people of the City who would need access to their homes and place of work. Appeal denied Yeas – 6 Nays – 1 (Thune) Recognizing Nikki Hicks for her service to the City of Saint Paul as a National Urban Fellow. Ms. Hicks was presented a certificate of recognition by Council President Lantry in admiration and honor of the work she had done for the City of Saint Paul during her tenure here as a National Urban Fellow. Ms. Hicks thanked the Council and City Staff for their support of her work. Councilmember Thune moved suspension of the rules to introduce the following ordinance. Yeas – 7 Nays – 0 First Reading – 08-552 – An ordinance clarifying the definition of vacant buildings and amending the regulation of fire damaged vacant buildings under Saint Paul Legislative Code Chapter 43. Laid over to May 28 for second reading Councilmember Harris moved to adjourn the meeting Yeas – 7 Nays – 0 ADJOURNED at 9:02 P.M. ATTEST: _____________________________ ____________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ___July 9, 2008 _____________ Joan Reidell Minutes approved by Council