Minutes 6-04-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 4, 2008 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Note: All City Council meetings are on the City of Saint Paul’s website. Meetings can be viewed in their entirety or
a specific item can be viewed. Visit our website at www.stpaul.gov/council and click on Watch the Live
Webcast.
The meeting was called to order at 3:30 p.m. by Council President Lantry.
Present – 6 – Bostrom, Carter, Harris, Helgen, Lantry, Stark
Absent – 1 – Thune (arrived after the consent agenda)
Councilmember Stark removed items 6 and 23 for separate consideration.
Councilmember Stark moved approval of the consent agenda as amended.
Adopted as amended Yeas – 6 Nays – 0
CONSENT AGENDA (Items 1 - 24)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A
COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Jerome L. Getz and Caroline T. Norris.
Referred to Risk Management
2. Petition for Writ of Certiorari in the matter of Wells Fargo Bank, NA vs. the City of Saint
Paul.
Referred to the City Attorney’s Office
3. Letter from the Office of the City Attorney announcing an Administrative Hearing on
June 11, 2008, at 9:30 a.m., Room 220 (large conference room), City Hall/Courthouse, 15
Kellogg Boulevard West, concerning all licenses held by Moises Cortes, d/b/a Case
Vieja, 2176 Seventh Street West.
4. Letter from the Department of Public Works announcing a public hearing on June 18,
2008, before the City Council concerning the petition of Terry and Ray Peterson to vacate
the right-of-way abutting the backyards of properties at 2205 and 2217 Scudder Avenue
in order to consolidate property to include the retaining walls.
June 4, 2008 City Council Summary Minutes Page 2
FOR ACTION
5. Resolution Approving Assessment – 08-574 – In the matter of the assessment of benefits,
cost, and expenses for boarding-up of vacant buildings during March 2008 [J0802B];
property cleanup on private properties during April 23 to May 14, 2008 [J0809A];
providing weekly garbage hauling services during May 7 to 14 , 2008 [J0809G];
removing diseased elm trees from private properties during April 2008 [0804T] and
setting date of Legislative Hearings for July 1, 2008 and City Council public hearings for
July 16, 2008.
Adopted Yeas – 6 Nays – 0
6. Resolution – 08-575 – Acknowledging and thanking the Como Friends (formerly known
as the Como Zoo and Conservatory Society) for their in-kind gifts and other equipment
that they have purchased for the Como Zoo and Conservatory
(Discussed after the consent agenda)
7. Resolution – 08-576 – Approving the May 1, 2008 through April 30, 2011 Maintenance
Labor Agreement between the City and the United Association of Pipefitters Local Union
No. 455. (To be laid over to June 11 for adoption)
Laid over to June 11 for adoption
8. Resolution – 08-577 – Approving the April 14, 2008 decision of the Legislative Hearing
Officer on Appeals of Letters of Deficiency for properties at 1668 Montreal Avenue,
1604 Dayton Avenue, and 790 Selby Avenue.
Adopted Yeas – 6 Nays – 0
9. Resolution – 08-578 – Approving the decision of the Legislative Hearing Officer on
appeal of a fence variance for property at 305-345 Winifred Street East.
Adopted Yeas – 6 Nays – 0
10. Resolution – 08-579 – Memorializing City Council action taken May 21, 2008,
imposing adverse action against all licenses held by Health Skills, LLC d/b/a/ Anytime
Fitness, 2501 W. 7th Street.
Adopted Yeas – 6 Nays – 0
11. Resolution – 08-580 – Memorializing City Council action taken May 21, 2008, imposing
adverse action against all licenses held by Wittwer Fitness, Inc., d/b/a Anytime Fitness,
1678 Suburban Avenue.
Adopted Yeas – 6 Nays – 0
June 4, 2008 City Council Summary Minutes Page 3
12. Resolution – 08-581 – Memorializing City Council action taken May 21, 2008, denying
the appeal for property at 1033 Colne Street.
Adopted Yeas – 6 Nays – 0
13. Resolution – 08-582 – Memorializing City Council action taken May 21, 2008, denying
the appeal on the Summary Abatement Order and granting the appeal on the garbage
service for property at 1147 Reaney Avenue, Unit 1.
Adopted Yeas – 6 Nays – 0
14. Resolution – 08-583 – Memorializing City Council action taken May 21, 2008, denying
the appeal for property at 1383 Hamline Avenue North.
Adopted Yeas – 6 Nays – 0
15. Resolution – 08-584 – Amending Council File 08-489 to delete the assessment for
garbage hauling services from January 31 to February 7, 2008, and for cleanup from
January 31 to February 15, 2008, for property at 1243 Margaret Street.
Adopted Yeas – 6 Nays – 0
16. Resolution – 08-585 – Authorizing proper City officials to pay from the Police
Department’s Tort Liability Fund the sum of $13,000.00 to Christopher A.
Mondry, Jessica Tani, and their attorney in full and final settlement of their claim.
Adopted Yeas – 6 Nays – 0
17. Resolution – 08-586 – Changing the rate of pay for the classification of Legal Secretary
from Grade 027 to Grade 030 of Bargaining Unit 01, the AFSCME Clerical Salary
Schedule.
Adopted Yeas – 6 Nays – 0
18. Resolution – 08-587 – Changing the rate of pay for the new classification of
Organizational Development Manager in Grade 019 of Bargaining Unit 09, Saint Paul
Supervisors Organization.
Adopted Yeas – 6 Nays – 0
19. Resolution – 08-588 – Changing the rate of pay for the classification of Environmental
Health Specialist II from Grade 013 to Grade 015 of Bargaining Unit 06, Professional
Employees Association.
Adopted Yeas – 6 Nays – 0
20. Resolution – 08-589 – Approving the January 1, 2008 through December 31, 2010, Labor
Agreement between the City of Saint Paul and the Saint Paul Supervisors Organization
(SPSO). (To be laid over to June 11 for adoption)
Laid over to June 11 for adoption
June 4, 2008 City Council Summary Minutes Page 4
21. Resolution – 08-590 – Approving the May 1, 2008 through April 30, 2009 Labor
Agreement between the City of Saint Paul and the Operative Plasterers and Cement
Masons International Association, Local 633. (To be laid over to June 11 for adoption)
Laid over to June 11 for adoption
22. Resolution – 08-591 – Authorizing the Office of the City Attorney-Labor Relations and
Risk Management to negotiate and settle all suits, grievances, and claims in a dollar
amount not to exceed $7,500 without the necessity of a Council resolution, and that the
City Attorney, Human Resources Director, and Risk Management will provide quarterly
reports in writing to the City Council.
Adopted Yeas – 6 Nays – 0
23. (Discussed after the consent agenda)
24. Resolution – 08-593 – Authorizing appropriate City staff to provide meals in an amount
to not exceed $1,000 for the officials of the Star of the North Summer 2008 Games for
the weekends of June 21 to 22, and June 27 to 29.
Adopted Yeas – 6 Nays – 0
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6. Resolution – 08-575 – Acknowledging and thanking the Como Friends (formerly known
as the Como Zoo and Conservatory Society) for their in-kind gifts and other equipment
that they have purchased for the Como Zoo and Conservatory.
Councilmember Stark acknowledged the significant work of Como Friends, formerly the
Como Zoo and Conservatory Society, saying they have done a lot of work over the past
many years helping to raise funds for important projects at Como Zoo and Conservatory.
These are projects that probably would not have been accomplished otherwise.
Jackie Sticha, President of Como Friends, appeared and expressed her appreciation for
the support from the Council, Mayor Coleman, and Parks and Recreation.
Councilmember Stark moved approval.
Adopted Yeas – 6 Nays – 0
23. Resolution – 08-592 – Approving the polling location changes for the 2008 primary and
general elections.
Councilmember Stark noted that the Ward 4 precinct locations were not going to be
changed as originally thought as it’s possible to keep the recreation center location until
they have more time to determine a better permanent location.
June 4, 2008 City Council Summary Minutes Page 5
Councilmember Stark moved approval of a substitute resolution.
Substitute introduced and adopted Yeas – 6 Nays – 0
FOR DISCUSSION
25. Introduction of Commission for Accreditation of Parks and Recreation Agencies
(CAPRA) Site Visitation Team.
Bob Bierscheid, Director, Division of Parks and Recreation, introduced the Site Visitation
Team for the Commission for Accreditation of Parks and Recreation Agencies, a national
body that accredits parks and recreation agencies throughout the country. St. Paul
received accreditation in 2003 and is one of approximately 70 in the United States and
one of three in Minnesota. The process is gone through every five years. There are 156
different standards that Parks is measured against and the Site Visitation team comes out
and does an audit. Bierscheid introduced John Carnifax, Chair of CAPRA, who
introduce the other team members and addressed the Council.
26. Update from the Ad-Hoc Legislative Advisory Committee.
Wendy Underwood, Intergovernmental Relations Deputy Director, distributed a summary
and provided an update. She said it was a successful session and she was proud of the
bonding initiatives they brought forward.
Councilmember Helgen thanked Ms. Underwood for her good work in getting the
bonding projects in and positioning the City of St. Paul well for the next couple of years.
Councilmember Harris thanked the staff at the RCVA for their work as well as the
members of the Legislative Committee and Wendy Underwood for working well with
that group.
27. 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; laid over from May 21) (Legislative Hearing
Officer’s recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated the property has been demolished.
The resolution was withdrawn
28. 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. (Public hearing held,
closed and laid over from May 21) (Legislative Hearing Officer's recommendation is
forthcoming)
June 4, 2008 City Council Summary Minutes Page 6
Marcia Moermond, Legislative Hearing Officer, said she was awaiting confirmation from
the bank that there was not just a $30,000 line of credit to augment the $30,000 in liquid
assets that the Council discussed previously but that there actually was $30,000.
Councilmember Lantry moved to lay over one week.
Laid over to June 11 Yeas – 6 Nays – 0
29. Consideration of 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). (Public hearing held, closed, and laid over from May 21) [ZF 08-
021-924]
Councilmember Harris moved to grant the application in the absence of Thune.
Motion of Intent – Application Granted Yeas – 6 Nays – 0
30. Resolution – 08-594 – Approving petitions from building owners to the 2008 Downtown
PILOT Facade Improvement Program to proceed with assessments for improvements to
Downtown historic building facades.
Council President Lantry moved approval.
Harris stated that he did not feel the way this was being done was proper but that he
would not oppose every application.
Councilmember Bostrom noted that in the past there was an incidence where above-
standard lighting was put in and the people involved agreed to it and signed off on it.
However, when they received the assessment for the lighting, they decided not to support
above-standard lighting. Bostrom said he does not want to see this same group of people
come back and say they changed their mind.
Jerry Hendrickson, Assistant City Attorney, said his understanding is that consensus was
obtained to assess as well as waiver of challenges on the assessment. He said he was not
aware of that ever being successfully challenged. Once they sign the assessment
agreement, Hendrickson said he felt they are bound by it.
Adopted Yeas – 6 Nays – 0
June 4, 2008 City Council Summary Minutes Page 7
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.
31. Final Adoption – 08-461 – An ordinance amending Chapter 409.06 of the Saint Paul
Legislative Code to clarify signature requirements for seasonal outside services areas.
(Amended and laid over from May 28)
Councilmember Harris moved approval.
Councilmember Carter said he has heard from people with the concern that making
allowance for less than 90% can have the impact of decreasing the neighborhood and
community members’ role in it. He noted there is an understanding that if less than 60%
of those signatures are achieved, district council approval is required and that good faith
effort with regard to specific addresses is required as well.
Councilmember Helgen said this process makes him somewhat uncomfortable; however,
neighborhood protections have been put into the ordinance.
Councilmember Bostrom said it was important to note that with the discussion the
Council previously had, when someone comes in and they don’t make the 90%, and 60%
is really the threshold, and they have 60%, Council does not have to approve it. If
individual Councilmembers have problems in certain areas, there is a lot of discretion that
can be exercised.
Adopted Yeas – 6 Nays – 0
32. Final Adoption – 08-464 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to clarify penalties and establish 2:00 a.m. closing license. (Amended
and laid over from May 28)
Councilmember Helgen noted that Items 32 and 33 are companions and he addressed
both. The problem that has been seen across the City is that there are a number of bars
that are poorly managed which results in late night violence and neighborhood nuisances
which are difficult to deal with. The current licensing process is slow and, in some ways,
cumbersome, so there are a variety of solutions that can be pursued such as better
coordination of enforcement between the police and the Department of Safety and
Inspections (DSI), better management practices, etc. Helgen said he feels something
needs to be done to take action and that can be done by changing the license conditions of
the penalty matrix. This ordinance will grant additional authority to the Council. One of
June 4, 2008 City Council Summary Minutes Page 8
the things that would be needed in terms of implementation would be to have Council
Research staff come back with a way to make sure that the penalty and imposition of it
would fit what the problem is. Further, he feels it would be helpful to develop a set of
good management practices that good be imposed in lieu of a penalty.
If the Mayor exercises his authority, Helgen said it may be good for the Mayor, DSI, and
the Police Department to work with the MLBA and others to come back with what they
think would be an alternative plan.
Helgen said the goal is for safer and better managed bars that are good neighbors.
Council President Lantry said she had good conversations with Helgen and the Mayor’s
Office. What she heard from the MLBA, the Mayor’s Office and from the Council’s
perspective, is that everyone wants the same outcome but they are trying to determine
how to get there. She asked Helgen if he would make sure that all the stake holders are
involved in trying to figure out if there are alternatives and to set up a list of guidelines
and criteria for the Council to decide. One of the concerns of those in the industry is that
if the City has the ability to use the tool, it would be used right away.
Councilmember Harris concurred that something needs to be done and said he appreciates
what Helgen is attempting to do. He feels it’s close to being able to put the issue into the
matrix and something that can be used when there are problems, but he had a concern
with the camera requirement in the matrix and the staffing requirement.
Councilmember Carter concurred with Harris saying he also had concerns with the
penalty matrix and some of the requirements and he was not inclined to vote something
into Code that they expect to be making exceptions to.
Councilmember Bostrom said he thinks what this has done is brought the discussion to
the table. If nothing gets done, the Council will have to deal with what the
Administration decides to do
Councilmember Helgen moved approval
Adopted Yeas – 4 Nays – 2 (Carter, Harris)
33. Final Adoption– 08-465 – An ordinance amending Chapter 409 of the Saint Paul
Legislative Code to clarify penalties and establish 2:00 a.m. closing license. (Substitute
introduced and laid over on May 28)
Councilmember Helgen moved approval.
Adopted Yeas – 4 Nays – 2 (Carter, Harris)
June 4, 2008 City Council Summary Minutes Page 9
34. Final Adoption – 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. [ZF 08-032-
016]
Council President Lantry moved approval.
Adopted Yeas – 6 Nays – 0
35. Second Reading – 08-567 – An ordinance amending Chapter 310.18 of the Saint Paul
Legislative Code to establish a license for animal day care and animal boarding.
Laid over to June 18 for third reading/public hearing
36. Second Reading – 08-568 – An ordinance amending Chapter 310.18 of the Saint Paul
Legislative Code establishing a fee for animal day care and boarding.
Laid over to June 18 for third reading/public hearing
Councilmember Helgen stated that at the public hearing on the above ordinances, the Council
should have staff input on who is going to be doing the monitoring.
Suspension Items:
Council President Lantry moved suspension of the rules to introduce the following ordinance.
Yeas – 6 Nays – 0
First Reading – 08-607 – An ordinance allowing special permits for extended hours for
service of alcoholic beverages in licensed establishments.
Laid over to June 11 for second reading Yeas – 6 Nays – 0
Council President Lantry moved suspension of the rules to introduce the following ordinance.
Yeas – 6 Nays – 0
First Reading – 08-608 – An ordinance allowing special permits for extended hours for
service of 3.2 percent malt liquor in licensed establishments.
Laid over to June 11 for second reading Teas – 6 Nays – 0
The meeting was recessed until 5:30 p.m.
Roll Call: Present – 6 Absent – 1 Thune (excused)
June 4, 2008 City Council Summary Minutes Page 10
PUBLIC HEARINGS
(Councilmember Bostrom was excused from the meeting after the hearings on items 39, 40 and
48 which were taken up as the first public hearing items.)
39. Third Reading – 07-1194 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code, Building Code and Inspection, as it relates to Certificate of Code
Compliance. (Substitute introduced and laid over from May 21)
Councilmember Bostrom presented a substitute ordinance which addresses the issue of
how to dispose of Category 2 buildings which are very difficult properties and in many
cases are expensive to repair. If someone is going into a deal to fix up one, the person has
to show they have the financial resources to do that. It will bring a quality house back to
the neighborhood, he said.
Lantry offered a friendly amendment to Lines 23 of the May 21 version.
Bostrom moved to introduce the substitute ordinance. Yeas – 6 Nays - 0
No one appeared in opposition; Bostrom moved to close the public hearing.
Yeas – 6 Nays – 0
Substitute amended, and laid over to June 11 for final adoption
Yeas – 6 Nays – 0
40. Third Reading – 08-552 – An ordinance amending Chapter 43 of the Saint Paul
Legislative Code clarifying the definition of vacant buildings and amending the regulation
of fire damaged vacant buildings.
Councilmember Bostrom said this ordinance may force lenders to be more proactive in
getting rid of properties a lot faster…before they would fall into the Category 3
classification. Having these houses sit for many months are a drag on the neighborhood,
he said
Lantry asked how many properties shift from Category 2 to Category 3. Marcia
Moermond, Legislative Hearing Officer, said the current number of registered vacant
buildings in the City of St. Paul is 1,857. Of those, about 72% are Category 2 and 9.6%
are Category 3. If this ordinance is adopted, the 72% would drop to 25.8. However, the
number of Category 3s would go up to 56.4%. Moermond said it is reminiscent of the
proposals that have been discussed in some quarters where there would be an additional
category of vacant buildings because it would create a situation where there are a number
of Category 3s for which orders to abate nuisance buildings had not been issued. She said
she would distinguish between Category 3 by definition and those for which orders have
June 4, 2008 City Council Summary Minutes Page 11
been issued. When the City issues an order to abate, it means that the City will demo the
building or do stabilization and nuisance abatement. It doesn’t mean all Category 3s go
that route.
Bostrom said of the 1,857 vacant buildings in the City, approximately 800 have been
vacant for over a year. That is an unacceptable level and every neighborhood is suffering.
If this doesn’t work out, Bostrom said he is willing to re-visit it.
Councilmember Bostrom said he wants to get the message out that this is being taken
seriously and if a lender owns a house, they better get rid of it or fix it up.
No one appeared in opposition; Bostrom moved to close the public hearing.
Yeas – 6 Nays – 0
Laid over to June 11 for final adoption.
48. Final Order – 08-560 – In the matter of widening Clarence Street between Phalen
Boulevard and Maryland Avenue and to re-align Rose Avenue to intersect with Clarence
Street. [File No. 19060]
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval. Adopted Yeas – 6 Nays – 0
(Bostrom was excused from the meeting at this time)
37. Public hearing on preliminary design plans for the Central Corridor LRT Project.
John Matzko, Department of Public Works, appeared. He said that after a number of
years of conversation and the possibility of light rail transit coming into St. Paul, this will
be a public hearing relating to municipal consent for that construction. There are a lot of
questions that have yet to be answered. On July 9, they will be asking for approval from
Council to move forward with the project. In the municipal consent, they are asking for
the alignment, access, geometrics, particulars of where things are, where stations are.
There are design details, etc. that will come later and which the community will be
significantly involved in.
Robin Caufman, Metropolitan Council Manager of Public Involvement for the project,
appeared and stated that the purpose of this meeting is to provide stakeholders with an
opportunity to comment on the preliminary design plans. The comments will be used by
the City of St. Paul to inform their review and comment on the preliminary design plans.
Those comments will then be forwarded to the Metropolitan Council as they make a
decision on whether or not to approve the plans. Additional public hearings will be held
in July or August about the supplemental draft environmental impact statement and there
June 4, 2008 City Council Summary Minutes Page 12
will be another opportunity for the public to provide comments. Ms. Caufman showed
the alignment of the route and the 15 new stations. A hearing is required under
Minnesota State Statute which gives local jurisdictions – the cities and counties – an
opportunity to review and approve the physical design elements of the plan. The two
options are to either approve the preliminary design plans or not approve the plans with
required changes. The plans focus mostly on the physical elements of the project which
include track location and station location. The layout includes roadway features, left
turn lanes, length of the turn lanes, lane width, and location of traffic signals. Also
included are sidewalks and the width of sidewalks, pedestrian crossings and how they are
laid out, system elements, communication towers, and the general locations of the
substations. Caufman said once they are through this process there is still a lot of work to
be done. The engineers in the project office will continue to work on station design and
public art. They will start to look at streetscaping elements, construction phasing and
construction mitigation, addressing the loss of on-street parking and how to manage some
of those impacts, and looking at property access. They will also look at utility location.
There will be continued opportunities for the public and the Council to comment.
Questions and discussion ensued with the Councilmembers.
Testimony was taken from the following:
Karri Plowman, 401 North Robert Street, representing the Central Corridor Partnership, a
coalition of the Midway, St. Paul, and Minneapolis Chambers of Commerce, ten
corporations, non-profit labor, spoke in support of the current alignment of the Central
Corridor. He stated that the partnership is concerned about University Avenue on-street
parking. They know it is an issue that is being worked on by the project partners but they
would like to see it more fully addressed and information shared with the general public
abut potential solutions. With mitigation funding being scarce in the overall project
budget, the business community would like to see needed dollars reserved for the eastern
end of the alignment. No individual problem should take all of the mitigation dollars.
This is a great project that will help create economic development for the region, he said.
Properly mitigated, they believe all issues can be resolved and a compromise found. The
Partnership suggested that construction along University Avenue be scheduled last in the
timeline of the project. The proposed University of Minnesota transit mall can exist with
current transit needs after construction and before trains begin running. Construction
along University Avenue will have an immediate effect on businesses and they’d like to
keep impacts to a minimum.
Dave Van Hattum, Transit for Liveable Communities, located at Selby Avenue and Dale
Street, said when they look at a Central Corridor in 2014 and beyond, they envision a
corridor that maximizes the opportunity for all residents, workers, and visitors to choose
an alternative to driving. They suggest adding up to three additional stops on the eastern
June 4, 2008 City Council Summary Minutes Page 13
end of the corridor. The train should be easily accessible to all neighborhoods along the
corridor. With regard to parking, they suggest that there be a provision of incentives that
reduce the need to drive and park. With regard to the pedestrian environment along the
corridor, they strongly support the City of St. Paul’s request for ten-foot sidewalks the full
length of the corridor. The proposed four-foot buffer zone between car and pedestrian,
which will include trees, lighting, and street furniture, is critical to creating an inviting
pedestrian environment. They also encourage a thorough examination of using the
outermost travel lane exclusively for buses, bicyclists, and parking during off-peak hours.
They would like to see the addition of a bicycle lane in both directions to accommodate
the ever growing number of bicyclists and provide a natural buffer between car traffic and
sidewalks. If this is not feasible, they recommend that the outside travel lane be four-foot
wide in order to improve the experience both for bicyclists and pedestrians. They believe
public art should reflect the creativity and character of the surrounding neighborhoods.
Jim Shueppert, 1961 Warrior Drive, member of St. Louis King of France Church, talked
about St. Louis and Central Presbyterian churches which, he noted, are both old inner-city
churches. Central Presbyterian is on the National Historic Register as is the Exchange
Building directly across the street. St. Louis is eligible and could be selected for
Registration. He said a lot of money has been invested in St. Louis in recent years. Many
of the St. Louis members are elderly people who either live downtown or the surrounding
area. There is already limited parking and these people will find it difficult to attend
church as well as difficult access and safety concerns with the trains which will pass close
by the churches. He also expressed concern with regard to holding weddings and funerals
with trains going by so closely.
Michael Rose, 818 Sextant Avenue, Roseville, a member of St. Louis, said he supports
light rail but he also is concerned about the impact on the churches on Cedar Street
because of the closeness of the light rail. He questioned what alternatives would be
possible and practical both for the City and the Metropolitan Council.
Molly Grove, St. Paul Area Chamber of Commerce, 401 North Robert Street, said the
Chamber supports the current alignment with the addition of the connection to the Union
Depot, a maintenance facility, and a combined St. Peter/Fourth Street station. She stated
that University Avenue on-street parking is important to area businesses and that they
understand various partners in this project are working on solutions. Ms. Grove asked
that those plans be shared as soon as possible with area businesses so the fear about loss
of parking is alleviated. If additional stops are built along University Avenue, the
Chamber asks that nothing be done that negatively impacts the cost effectiveness index
including increased running time or capital costs. They ask that local planning take into
account potential development that could occur around an additional station and not put
into place more restrictions that could impede private investment in these areas. Issues
concerning Cedar Avenue should be addressed and mitigated to the best of the project’s
June 4, 2008 City Council Summary Minutes Page 14
ability including dock access, skyway access, and vibration. Those solutions should not
inhibit the future growth of businesses that have already invested in St. Paul. Plans to
transform Union Depot into a multi-model house is an encouraging sign for the business
community.
Pete Vang, Board Chair of the Hmong Business Association and the business manager for
Vang Dental Clinic, 225 University Avenue, recalled the time period when University
Avenue was a lot of blight and dilapidated buildings. The Hmong community and other
Asian refugees that moved to Minnesota since the mid 1970s have pretty much built up
the Frogtown section of University Avenue. Their business growth and presence along
University Avenue has made St. Paul a true destination and home for many new
immigrants and refugees, Vang said. Their main concern is that any lost parking along
University Avenue will hurt all small businesses and especially the Asian-American
community because they rely heavily on automobile traffic. The proposed stops that are a
mile apart would bypass their businesses so they do not see a benefit with light rail. Vang
also expressed concern for the increased assessments for street and sidewalk improve-
ments and questioned if there will be any funds or assistance for small businesses during
the transition to insure they will survive.
Bill Hosko, 56 East 6th Street, said he has reservations about light rail in downtown St.
Paul. The preferred alignment of the Metropolitan Council and others right now is to run
light rail down 4th Street. He said he is still not convinced that the 2nd Street viaduct is
the better route to go. His other strong reservation is the train maintenance facility. A
year ago there was a lot of discussion about the Bridges of St. Paul project and that it
wasn’t appropriate for the river front. Now, a year later on the downtown side, plans are
to put in a train maintenance facility. He does not feel it is the best use of the land and
feels there may be a better site in an industrial area of Minneapolis. If light rails runs
down 4th Street and a maintenance facility in Lowertown, on a typical weekday there will
be about 140 trains that will start rolling through Lowertown at 4:00 a.m. and the last one
at 2:00 a.m. seven days a week but with fewer numbers on Sundays. Hosko asked that an
experiment be done by closing off 4th Street and make it appear as it would with light rail
running down it. He also talk about the loud sound of the bells on the trains and the
impact all this will have on the thousands of people who live in Lowertown and Kellogg
Square. People deserve to know how this will look and sound in their downtown.
Carol Swenson, Community Liaison for the District Councils Collaborative of St. Paul
and Minneapolis (DCC), stated that the DCC has representatives from ten St. Paul district
councils and five Minneapolis associations serving approximately 180,000 people. The
DCC is in support of the Central Corridor Light Rail project. She talked about three
issues of concern to their members: 1) the stations at Western, Victoria, and Hamline; 2)
the importance of providing a pedestrian friendly environment with easy access to light
June 4, 2008 City Council Summary Minutes Page 15
rail; and 3) insuring the inclusion of neighborhood stakeholders in the decision making
process for station design and public art.
Brian McMahon, University United, said they are supportive of Light Rail and are
generally in support of the alignment. They have some concerns about the process and
some of the substantive issues. They are concerned that a lot of the information being put
out by the Met Council for review by the City Council and the general public is very
technical, civil engineering types of drawings, that don’t capture some of the important
essentials that they need to know in order to respond intelligently to what they are looking
at. They would like to see documents that give more of a 3D projection and more context
around it. He showed and talked about drawings that were done by their view plan
community store-front planning center.
Jim Dech, 2188 Tower Court, Woodbury, parishioner of St. Louis Church, noted that the
church is directly across from the new fire station. He questioned why the Light Rail
would run down Cedar Street and said it needs to go back to the drawing board. He
suggested it run down Robert Street. He also noted issues that might arise with
Minnesota Public Radio and the Music School having the line on Cedar.
Karolyn Kirchgesler, President of the St. Paul RiverCentre Convention and Visitors
Authority, said that Light Rail will be a great asset that will help them bring in more
business. She expressed concern about the disconnect in the skyway and said she would
like to see something in place so there is no time that downtown cannot be reached. The
way the plans are at present, it would completely cut off the RiverCentre complex. When
they are bidding for national pieces of business, and especially if they fall during the
winter months, the skyways are a big selling point.
Deb Hartung, 3800 Patton Road, Roseville, member of St. Louis Church, reiterated the
concerns of her fellow parishioners with the line running down Cedar Street.
Darrell Paulsen, 231 West Warburten, South Saint Paul, employee of Paulsen and
Company, a voice for people with disabilities, said he has seen the success of light rail in
Minneapolis. He said we’re going to get it right in St. Paul by planning --- by planning
the stations, making sure that people with disabilities feel safe while riding the trains, that
they get to their destinations on time and that it’s an enjoyable ride. He suggested that the
station designs be looked at carefully and that the same thing is not done in St. Paul that
was done in Minneapolis where they allowed individual communities to design their own
stations. There should be consistency.
Councilmember Stark moved to close the public hearing. Yeas – 6 Nays – 0
June 4, 2008 City Council Summary Minutes Page 16
Helgen asked what will happen with the comments. John Maczko, Department of Public
Works, responded that a summary of the comments can be put together. A resolution will
be prepared for approval and the comments and concerns will be incorporated. They will
work with the Central Corridor office to get commitment on how issues that have been
developed and not yet addressed will be resolved. Written comments may be submitted
through June 11, 2008.
Stark said there are a lot of timeline issues and what was originally going to be an 18- to
24-month process is being compressed into approximately six months. He raised the
issue of the basic street cross section where they are looking at two through-lanes of
traffic in each direction, almost no on-street parking, and quite narrow sidewalks and
more narrow in some areas than others. Thinking about the need for bus shelters, trees,
trash cans, etc., they are talking, in some cases, about ten feet or less of sidewalk. This
would be a very narrow pedestrian environment where the goal of this project is to start to
transition the way that people live, work, and get around town in such a way that it will
make it possible for people to do more walking to transit and around the community, he
said he could see ten years down the road questioning why eight and ten foot sidewalks
were put in. The loss of on-street parking is huge both in terms of the business impacts
and the pedestrian environment, Stark said. They would be remiss in not at least looking
at the option of only one through-lane of traffic in each direction, bringing back some on-
street parking, widening the sidewalks in as many places as possible, and looking at space
for bicycles on the street. Stark said his priority would be the pedestrian environment and
the parking issue.
Carter said with the stations at Western, Victoria, and Hamline he would like to make
sure with all of the preliminary documents approved by Council that there is a strong
commitment identified and reflected that says it is the intention, as soon as possible and
feasible, to go fully operational with all three of them. Parking concerns need to be
continued to be weighed out, Carter said. He also highlighted concerns raised earlier that,
while this is an entire line, no one issue along the route should be allowed to monopolize
the mitigation dollars. With regard to public art, there is a need to have a good strategy
along the entire route that incorporates art.
With regard to the concerns with the Cedar Street alignment and the churches, Lantry said
she thought that it was chosen several years ago and questioned John Maczko how they
communicate to people that all options were looked at and why Cedar was chosen.
Maczko responded that the project office had several meetings with the two churches and
Minnesota Public Radio (MPR). The Cedar Street alignment has been studied with
numerous alternatives over the years and it has always come back to Cedar Street being
the proper location because it bisects the downtown and goes through the major
employment area. It’s also equal walking distance to the entertainment district and
Lowertown. When building a $1 billion infrastructure, there really is no perfect place as
June 4, 2008 City Council Summary Minutes Page 17
every location has its challenges that have to be dealt with. They believe that many of the
issues that are concerns of MPR, Central Presbyterian, and St. Louis can be dealt with but
that there are also things that they may not be able to deal with.
Helgen asked what the vehicle diversion plan is during construction and requested that
the council receive traffic flow maps. Maczko responded that construction staging plans
and traffic diversion plans are not available yet as they are not that far into the design.
38. Public hearing to hear the report and recommendations from City staff preparing for the
Republican National Convention on permitting the Downtown skyway bridges to be
wrapped with banner signs from August 18 through September 15, 2008 (requested by the
City Council on May 21; per Council File 08-510).
A report was given by Peg Fuller, Department of Safety and Inspections, and public
testimony was taken.
An Interim Use Permit, with conditions, was granted and a memorialization resolution
will be before the Council at the June 11, 2008 meeting.
Yeas – 4 Nays – 1 (Helgen)
41. Resolution – 08-595 – Approving the application of Downtown Beat Classics Car Show,
represented by Cavan Lasch, President, for a sound level variance in order to present
amplified music with a D.J. on June 7, June 21, July 19, August 2, and August 16, 2008
from 5:00 p.m. to 10:00 p.m. on Kellogg Boulevard between Wabasha and Robert
Streets.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval. Adopted Yeas – 5 Nays – 0
Cavan Lasch, President of Downtown Beat Classics Car Show, appeared and talked about
the upcoming events.
42. Resolution – 08-596 – Approving the application of Taste of Minnesota, represented by
Ron Maddox, General Manager, for a sound level variance in order to present live music
on July 3 to 6, 2008 from 1:00 p.m. to 10:00 p.m. at Harriet Island.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval. Adopted Yeas – 4 Nays – 0 (Helgen not present)
June 4, 2008 City Council Summary Minutes Page 18
43. Resolution – 08-597 – Approving the application of Germanic-American Institute for a
sound level variance in order to present live music during the Annual German Days
Celebration from 8:00 a.m. to 10:00 a.m. and 5:30 p.m. to 9:30 p.m. on June 14, 2008,
and from 11:00 a.m. to 5:00 p.m. on June 15, 2008, at 201 Summit Avenue.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval. Adopted Yeas – 4 Nays – 0 (Carter not present)
44. Resolution – 08-598 – Approving 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.
Rachael Tierney, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), presented a staff report. This was an adverse action against the retail
food license. The reason for the recommended license revocation is a conviction of
violation of the controlled substance law. Police had information that there was drug
selling going on outside the business, a search warrant was obtained, and quite a bit of
marijuana and cash was found inside. The license holder was convicted of that drug
crime. DSI requested that the Council revoke the retail license. This is a deviation from
the penalty matrix which calls for a $2,000 fine for a felony committed on the licensed
premises by the licensee or an employee. The deviation is for two reasons: 1) Because it
is a fairly serious felony conviction using the licensed premises and also given that the
license recommended to be revoked is a retail food license which is not an integral part of
the business so it seems more harsh to fine $2,000 than revoke the license but that was
the consideration DSI was making when they made the recommendation.
James Williams, 924 Arcade Street, said he has operated the business for seven years and
apologized for his lapse in judgment.
Councilmember Harris moved to close the public hearing. Yeas – 4 Nays – 0 (Carter
not present)
Councilmember Harris did not feel that revoking the food license was a harsh enough
penalty if food is not a large part of his business.
Councilmember Helgen was in agreement to revoke the food license since it appeared the
owner was using it as a front for his illegal operation.
Councilmember Stark moved to revoke the license. Lantry added that it’s an upward
deviation because of the seriousness of the offense and because a conviction was handed
down.
Adopted Yeas – 5 Nays – 0
June 4, 2008 City Council Summary Minutes Page 19
45. Resolution – 08-599 – Approving adverse action against the Taxicab-Driver (Provisional)
license application submitted by Michael H. Ehnstrom.
Rachael Tierney, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), stated this is an adverse action as a result of a criminal conviction.
DSI is seeking to deny the license application based on two criminal convictions of
Michael Ehnstrom. One of the convictions is obstruction of legal process on June 7,
2005, and the other being misdemeanor fifth degree assault on July 8, 2005. The
Legislative Code says that if a person has a conviction that DSI believes is related to the
license occupation, the person is not eligible for a taxi license until three years after being
discharged from probation. Mr. Ehnstrom was placed on probation for one year for each
of the convictions. He was released from probation in 2006 so he is not eligible for a
license until 2009. Dis-eligibility is based on DSI’s belief that the convictions of
obstructing legal process and assault are related to the job of a taxi driver.
No one appeared in opposition; Councilmember Stark moved to close the public hearing
and approval. Adopted Yeas – 5 Nays – 0
46. Public hearing to consider the appeal of William C. Edrington to a decision of the Board
of Zoning Appeals denying a variance of the minimum lot size required in order to
legalize an existing triplex at 180 George Street West. [ZF 08-069680]
John Hardwick, Department of Safety and Inspections (DSI), presented a staff report. Mr.
Edrington purchased the property at 180 George Street West about one year ago. When
he purchased the property it had three dwelling units. Although, the Truth-in Housing
report, the Code Compliance report, and the rental registration all list it as a duplex. In
February 2008, Mr. Edrington petitioned to have the property rezoned from RT1 to RT2
in order to legalize the triplex. He also needed a variance of the minimum lot size
requirements which he applied for in March 2008. The Board of Zoning Appeals (BZA)
held a public hearing in March and staff presented a report with a recommendation for
denial, District 3 recommended approval, and the BZA denied the request on a 4-3 vote.
William Edrington appeared and gave a brief explanation of the application process. He
pointed out that the Zoning Committee, Planning Commission, and the City Council all
approved the rezoning. He feels he has done all the due diligence that he can do and is
willing to do anything else that might be required.
Carlos Garcia Velasco, Lead Organizer, Executive Director of Westside Citizens
Organization, 127 West Winifred, said a wide distribution notice was made to neighbors
and they are in favor of the variance as it fits in with the neighborhood. A letter of
support was received for the rezoning and a letter of support for the variance. Their
process is that they distributed flyers to a much broader area than what the City would
June 4, 2008 City Council Summary Minutes Page 20
normally do. The issue came before the Building and Land Use Committee (BLU) and
they initially were concerned about the application being split up. The neighbors who did
come out were impressed with the desire to get them involved and to hear and address
their concerns. It was heard twice at the BLU, once for the rezoning and once for the use
permit. At the initial committee zoning hearing, he was asked by a zoning committee
member what District 3’s position is on this. He responded that they were going to ask
for a layover because they did not get a chance to hear from the neighbors because of the
timing. They flyered again, neighbors come out, and there was a great amount of support
for it. They do not feel it changes the character of George Street as it’s a good looking
property and is consistent with other properties in that area. It passed by a 4-3 vote at the
zoning committee hearing. He said they encourage support of the variance so it can move
forward.
Councilmember Harris moved to close the public hearing. Yeas – 5 Nays – 0
Harris read a statement from Councilmember Thune, at his request, indicating the BZA
erred in its decision.
Harris moved to grant the appeal.
Motion of Intent – Appeal Granted Yeas – 5 Nays – 0
47. Resolution – 08-600 – Amending the financing and spending plan in the Department of
Safety and Inspection (DSI) to enter into a ten-year lease at 375 Jackson Street.
Bob Kessler, Director, Department of Safety and Inspections (DSI) provided a brief report
saying they were pleased to have the final financing and spending plan before the Council
for DSI’s new space at 375 Jackson Street.
Councilmember Harris said in a tough office environment, an attractive lease is being
offered to 375 Jackson LLC. He asked if they will be contributing any build-out or if the
City is doing all its own. Kessler responded that they are sharing in part of the expense.
The major expense they will incur is to make sure that all the asbestos is removed as well
as other items that the city has negotiated with them to identify what would be the city’s
responsibility and what other responsibilities would be theirs as the building
owner/manager. He said this is the best option they have but other financing options
could be looked at even though he felt the Finance Department did a good job of
exploring financing. It’s also a critical timing issue
Scott Cordes, Finance Department, appeared and said Bob Geurs is the staff person who
worked on this. Lantry asked that Geurs be in contact with the Council
June 4, 2008 City Council Summary Minutes Page 21
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 5 Nays – 0
49. Final Order – 08-561 – In the matter of improving the Downtown Skyway System by
painting up to thirty-five city-owned pedestrian skyway bridges and pigeon proofing up to
fifteen of said bridges, and all other necessary work to complete said improvement. [File
No. 19061]
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas – 5 Nays – 0
Harris asked if the City has full assessing authority over each half of the skyway. Kessler
affirmed that but said they are trying to identify whether or not the owners would pay
their money in 2008 so they would not have to dip into fund 802 and be able to fully
finance the project from financing money that came in this year.
Harris said he feels a policy session should be held at some time to talk about issues
affecting the skyways. He said he feels there is opportunity to shift the ownership
structure of the skyway.
Councilmember Carter moved approval.
Adopted Yeas – 5 Nays – 0
50. Resolution – 08-416 – Ordering the owner to remove the building(s) at 283 Forbes
Avenue within fifteen (15) days from adoption of resolution. (Laid over from April 16)
(Legislative Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, said the District Council, Fort Road
Federation, purchased this building and was considering different development options
for the site. It was requested that they get a code compliance inspection and post a $5,000
bond if they wish to have more time to consider their options. Neither of those has been
done therefore, she recommended approval of the order.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and lay over one week.
Public hearing closed and laid over to June 11 Yeas – 5 Nays – 0
51. 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. (Public hearing
continued from May 21) (Legislative Hearing Officer's recommendation is forthcoming)
June 4, 2008 City Council Summary Minutes Page 22
Marcia Moermond, Legislative Hearing Officer, stated that this property has some
historic value. However, no one has come forward to be an active, responsible party.
There has been no code compliance inspection, no bond, and no fees have been paid.
There was some consideration as to whether it should be subject to possible stabilization
but no plans have been developed.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted Yeas – 4 Nays – 0 (Harris not present)
52. 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. (Public Hearing
continued from May 21) (Legislative Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated that this property has significant
historical value to the City of Saint Paul. What seems to be at question, based on the
public hearing held two weeks prior, is what vehicle would be best to address the
conditions for this property. She said the Council has two tools and two goals if the goal
is to not demolish it: 1) stabilization of the property; and 2) a complete rehabilitation of
the property. Ms. Moermond recommended that if the Council uses the substantial
abatement tool, they would want to give an unlimited number of days to the current
owner to correct the situation with the understanding that the City will rectify it. In that
case, Moermond said she would recommend that the Council amend the resolution to
include a provision that it would refer the matter to DSI or PED to develop a bid program
to have the stabilization done. If the City wishes to pursue acquisition of this property,
she suggested the matter be referred back to a legislative hearing or continue the city
council public hearing where rehabilitation or stabilization plans can be reviewed. She
said the Council is acting in enforcement capacity right now and if the Council will be
undertaking the enforcement using a substantial abatement order, that would close the
loop. If the Council wishes to do an acquisition and allow the HRA or the City to do that,
it would be better to have that plan come back before the Council to insure that the
nuisance itself is, in the end, abated.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing. Yeas – 5 Nays – 0
Councilmember Helgen moved to lay over one week in order to get more information on
the strategic investment fund, the tenant remedy act for the stabilization program, or the
transfer of $150,000 from the Ward 3 NIF account.
Laid over to June 11 Yeas – 5 Nays – 0
June 4, 2008 City Council Summary Minutes Page 23
53. Resolution – 08-601 – Ordering the owner to remove the building(s) at 985 Burr Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated this was a no-show Legislative
Hearing. No bond has been posted, no code compliance inspection, and no vacant
building fees have been paid.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and amend the Hearing Officer’s recommendation to remove the building within
five days with no option for repair.
Adopted as amended (remove within five (5) days with no option for repair)
Yeas – 5 Nays – 0
54. Resolution – 08-602 – Ordering the owner to remove the building(s) at 267 Forbes
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, reported this was a no-show Legislative
Hearing. There are no plans, no bond, etc., forthcoming and she recommended fifteen
days removal with no option for repair.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval. Adopted Yeas – 7 Nays – 0
55. Resolution – 08-603 – Ordering the owner to remove or repair the building(s) at 521
Minnehaha Avenue East within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated that all of the conditions that the
Council normally requires have been met and she recommended granting ninety (90) days
for completion of the rehabilitation.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval as amended.
Adopted as amended (remove or repair within 90 days, per the recommendation of the
Legislative Hearing Officer) Yeas – 5 Nays – 0
June 4, 2008 City Council Summary Minutes Page 24
56. Resolution – 08-604 – Ordering the owner to remove or repair the building(s) at 285
Topping Street within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, reported that all of the conditions that the
Council normally requires have been met. Therefore, she recommended allowing 180
days for rehabilitation or removal of the building.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval as amended.
Adopted as amended (remove or repair within 180 days, per the recommendation of the
Legislative Hearing Officer) Yeas – 5 Nays – 0
57. Resolution – 08-605 – Ordering the owner to remove the building(s) at 126 Winnipeg
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, said there has been no code compliance
inspection, no bond has been posted, no plans, and no financing. She recommended
removal within 15 days with no option for rehabilitation.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval. Adopted Yeas – 5 Nays – 0
58. Resolution Ratifying 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
[J0802T1]. (Laid over from May 7) (Legislative Hearing Officer recommends the
following:
978 Fremont Avenue (J0802T1) - reduce the assessment from a total of $805.41 to a total
of $402; and
345 Maple Street (J0804A1) - approve the assessment.)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 5 Nays – 0
June 4, 2008 City Council Summary Minutes Page 25
59. Resolution Ratifying Assessment - 08-606 - In the matter of assessment of benefits, cost,
and expenses for demolition of a vacant building at 978 Payne Avenue during the month
of March 2008 [J0803C1] (Legislative Hearing Officer recommends approval of the
assessment)
Marcia Moermond, Legislative Hearing Officer, explained that this is a commercial two-
story multiple unit building which had a significant fire on December 28 and 29, 2007.
The assessment is for the demolition of the structure and the associated costs such as land
filling, etc. The appellants have indicated they wish to have the cost of the assessment
reduced for two items: 1) an estimate of the cost that they are associating with the delay
of the demolition. They are attributing the delay to the Fire Department which wished to
conduct a thorough arson investigation. City staff attributed that delay to the insurance
companies which wanted to have a more in-depth investigation. They contacted litigation
and the Fire Department asked them to delay the demolition to allow the insurance
investigators additional time. They are associating approximately $4,500 with the cost of
the delay. Moermond said she does not find that the delay is associated with any City
action and did not recommend deleting or decreasing the assessment with regard to that.
The other decrease in the assessment that they are asking for pertains to the cost of land
filling the materials in the building. There was some limited amount of asbestos in the
building but, when a fire occurs, the materials in the building are disbursed throughout
and everything becomes contaminated. The MPCA checked the site, the asbestos and
materials throughout the site were contaminated. The amount of the assessment is
$82,900.
Robert Bell, representing the property owner, stated that within three days of the fire on
December 28, 2007, an order was received from the City to start immediate cleanup of
the site and they immediately had a contractor out to start the cleanup and comply with
the order. When the crews were there, everything had to stop to facilitate the insurance
company’s investigation and the City of Saint Paul Fire Department investigation. The
insurance company paid the bill for their investigation in the amount of $2,500. The
person in charge of the cleanup, who was the superintendent at that time, estimates that
the Fire Department investigation would cost $4,500. He said that amount is the City’s
responsibility. At a minimum, he said the assessment should be reduced $4,500. The
charge to remove the asbestos is not included. He explained the additional expenses
incurred and said if the assessment is reduced by $4,500.00, he can assure the Council it
will be paid promptly.
Council President Lantry asked Bell if he thinks the City charged him to investigate the
fire. Bell responded in the affirmative. Lantry asked Moermond if the City charges for
arson investigations. Moermond responded that she thinks Bell is indicating that the
June 4, 2008 City Council Summary Minutes Page 26
charge of $4,500.00 was the cost of the delay and he is taking that delay cost and saying
it’s essentially for the arson investigation. Lantry said she feels there is a mis-
communication.
Discussion ensued. Councilmember Helgen moved to close the public hearing.
Yeas – 5 Nays – 0
Further discussion ensued with the Council and Council President Lantry moved
approval. Adopted Yeas – 5 Nays – 0
60. Resolution Ratifying Assessment– 08-569 – In the matter of the assessment of benefits,
cost and expenses for summary abatements (graffiti removal) on private properties from
February 26 to March 24, 2008 [J0804P]; summary abatements for the excessive
consumption of inspection services for property code violations from September to
December 2007 [J0708E]; summary abatements (property clean-up) on private properties
from March 4 to 28, 2008 [J0806A]; and weekly garbage hauling services from March 12
to 31, 2008 [J0806G]. (Legislative Hearing Officer recommends the following:
930 Albemarle Street (J0708E) - approve the assessment;
1263 Albemarle Street (J0804P) delete the assessment;
333 Atwater Street (J0708E) - approve the assessment;
1043 Barrett Street (J0708E) - delete the assessment;
779 Blair Avenue (J0806A) - approve the assessment;
1712 Blair Avenue (J0708E) - approve the assessment;
338 Burgess Street (J0708E) - approve the assessment;
1540 Concordia Avenue (J0708E) - approve the assessment;
1247 Englewood Avenue (J0708E) - approve the assessment;
279 Forbes Avenue (J0708E) - recommendation is forthcoming; laid over to the June 17
Legislative Hearing and the June 18 Council Public Hearing;
946 Fourth Street East (J0806A) - approve the assessment;
1347 Hague Avenue (J0708E) - approve the assessment;
875 Howell Street North (J0708E) - delete the assessment;
30 Irvine Park (J0708E) - approve the assessment; delete the assessment;
551 Jenks Avenue (J0806A) - delete the assessment;
694 Jenks Avenue (J0708E) - delete the assessment
495 Kenny Road (J0806A) - reduce the assessment from a total of $344 to a total of
$100;
924 Marshall Avenue (J0708E) - approve the assessment;
1609 Marshall Avenue (J0806G) - delete the assessment;
1627 Marshall Avenue (J0708E) - delete the assessment;
1790 Marshall Avenue (J0806A) - approve the assessment;
325 Michigan Street (J0806A) - approve the assessment;
June 4, 2008 City Council Summary Minutes Page 27
2130 Pinehurst Avenue (J0804P) - delete the assessment;
1588 Rome Avenue (J0708E) - approve the assessment;
707 Rose Avenue East (J0806G) - approve the assessment; delete the assessment;
707 Rose Avenue East (J0806A) - approve the assessment; delete the assessment;
1743 Seventh Street East (J0806A) - approve the assessment and spread the payments
over five (5) years;
526 Sherburne Avenue (J0708E) - approve the assessment;
744 Simon Avenue (J0806A) - delete the assessment;
147 Snelling Avenue (J0804P) - delete the assessment;
701 Summit Avenue (J0708E) - approve the assessment;
603 Thomas Avenue (J0708E) - approve the assessment;
603 Thomas Avenue (J0804P) delete the assessment;
270 Topping Street (J0708E) - delete the assessment;
621 Victoria Street North (J0708E) - delete the assessment;
887 Watson Avenue (J0708E) - approve the assessment;
62 Winifred Street West (J0806A) - approve the assessment;
927 Woodbridge Street (J0806G) - delete the assessment;
575 University Avenue West (J0804P) - delete the assessment; and
Additional address:
80 Winifred Street West (J0708E) - reduce the assessment from a total of $145 to a total
of $70.)
Marcia Moermond, Legislative Hearing Officer, made amendment as noted above.
No one appeared in opposition; Councilmember Stark 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
61. Appeal of Clear Dayland to a Summary Abatement Order and Vacant Building
Registration for property at 924 Sherburne Avenue. (Legislative Hearing Officer
recommends denying the appeal on the Summary Abatement Order and denying the
appeal on the Vacant Building Registration)
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and denial.
Appeals on the Summary Abatement Order and Vacant Building Registration
Denied Yeas – 7 Nays – 0
June 4, 2008 City Council Summary Minutes Page 28
ADJOURNED at 8:38 P.M.
ATTEST:
_____________________________ ____ _______
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ____September 3, 2008_____
Mary Erickson Minutes approved by Council