Minutes 7-02-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 2, 2008 - 3:30 p.m.
PUBLIC HEARINGS – 5:30 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
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The meeting was called to order at 3:30 p.m. by Council President Lantry.
Present – 6 – Bostrom, Carter, Harris, Lantry, Stark, Thune
Absent – 1 – Helgen (excused)
Councilmember Carter removed item 7 for discussion.
Councilmember Thune moved approval of the consent agenda as amended.
Adopted as amended Yeas – 6 Nays – 0
CONSENT AGENDA (Items 1 - 15)
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 Doris Nahl, Audrey Nyman, Sharron A. Stock, Harold Van Den Heuvel,
Gary A. Waterhouse, and Tyrone D. Wilson.
Referred to Risk Management
2. Letter from the Office of the City Attorney announcing an administrative hearing on July
9, 2008 at 9:30 a.m. in Room 41 Ramsey County Courthouse, 15 West Kellogg
Boulevard, to consider adverse action against the cigarette/tobacco license held by The
Quality Food & Fuel Market Place, Inc., d/b/a Super USA Market, 976 – 7th Street East.
3. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on July 16, 2008 to consider the petition of Renee
Bergeron and Adam Granger to vacate the alley abutting 2202 Blake Avenue in order to
expand property, prior to fencing, by including a portion of platted, unopened alley. [File
No. 08-2008]
July 2, 2008 City Council Summary Minutes Page 2
4. Letters from the Department of Safety and Inspections declaring 428 Banfil Street, 290
Charles Avenue, 403 Curtice Street East, 658 Hawthorne Avenue East, 1863 Montana
Avenue East, 820 Ocean Street, 703 Surrey Avenue, and 600 and 606-1/2 Thomas
Avenue as nuisance properties and setting date of Legislative Hearings for August 12,
2008 and City Council public hearings for September 10, 2008.
5. Letter from the Department of Safety and Inspections declaring 512 Edmund Avenue as
nuisance property. (For notification purposes only; a public hearing will be scheduled at
a later date if necessary.)
FOR ACTION
6. Resolution – 08-683 – Approving the Memorandum of Agreement between the City and
the International Brotherhood of Electrical Workers Local 110, 2008 Wage and Fringe
Adjustment. [To be laid over one week for adoption]
Laid over to July 9 for adoption Yeas – 6 Nays – 0
7. Resolution – 08-684 – Authorizing the Division of Parks and Recreation to enter into a
five-year agreement with Arts-Us for management of the recreation facility at Dunning
Recreation Center, 1221 Marshall Avenue.
(Discussed after the consent agenda)
8. Resolution – 08-685 – Authorizing the Department of Fire and Safety Services to accept a
donation in the amount of $750.00 from HealthPartners in support of the “Celebrate a
Healthy Heart” event.
Adopted Yeas – 6 Nays – 0
9. Resolution – 08-686 – Authorizing the Department of Fire and Safety Services to accept a
donation in the amount of $150.00 from RMG Inc., on behalf of Anthony Odman, Emily
Walen, and Catherine Olson, to support public safety services.
Adopted Yeas – 6 Nays – 0
10. Resolution – 08-687 – Authorizing the Police Department to enter into an agreement with
the Ramsey County Attorney’s Office (RCAO) whereby the Police Department will
provide limited access of the Records Management System to RCAO.
Adopted Yeas – 6 Nays – 0
11. Resolution – 08-688 – Authorizing the Police Department to accept a donation in the
amount of $11,596.00 from T3 Motion, Inc. and “Safe City” program to be used to
enhance visibility, mobility, and provide patrols in the downtown business zone.
Adopted Yeas – 6 Nays – 0
July 2, 2008 City Council Summary Minutes Page 3
12. Resolution – 08-689 – Authorizing the Police Department to enter into a grant agreement
with the State of Minnesota for the Juvenile Accountability Block Grant.
Adopted Yeas – 6 Nays – 0
13. Resolution – 08-690 – Memorializing City Council action taken June 18, 2008 denying
the appeal of Brian Radmann to a Condemnation and Order to Vacate for property at
1356 Hewitt Avenue.
Adopted Yeas – 6 Nays – 0
14. Resolution – 08-691 – Memorializing City Council action taken June 18, 2008 denying
the appeal of Robert Spoerner to a Summary Abatement Order and granting the appeal on
a Vehicle Abatement Order for property at 635 Sherburne Avenue.
Adopted Yeas – 6 Nays – 0
15. Resolution – 08-692 – Memorializing City Council action taken June 18, 2008 denying
the appeal of Bernard Hilliard and granting an extension to June 30, 2008 for a Certificate
of Occupancy Condemnation for property at 554 Van Buren Avenue.
Adopted Yeas – 6 Nays – 0
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7. Resolution – 08-684 – Authorizing the Division of Parks and Recreation to enter into a
five-year agreement with Arts-Us for management of the recreation facility at Dunning
Recreation Center, 1221 Marshall Avenue.
Councilmember Carter said he would abstain from the vote on this resolution as it’s a
non-profit he does a lot of work with.
Councilmember Thune moved approval.
Adopted Yeas – 5 Nays – 0 Abstention – 1 (Carter)
FOR DISCUSSION
16. Resolution – 08-693 – Declining to place a ballot question on the November 2008 City
election ballot for an amendment to the Saint Paul City Charter that would require Instant
Run-Off Voting for Saint Paul City elections.
Jay Benanav, 1898 Ashland Avenue, stated that Instant Run-Off Voting (IRV) is in place
in many cities around the country and it has worked quite well. In 2006, Minneapolis
voters approved IRV by 65%. The supporters of IRV then came to Saint Paul and had
discussions with the Council and the Charter Commission. The Council can propose
Charter amendments on its own which the supporters asked the Council to do. The
previous Council chose not to. The supporters gathered the petitions that are necessary to
July 2, 2008 City Council Summary Minutes Page 4
put IRV on the ballot. In mid-June, over 5,000 petitions were presented to Joe Mansky,
Ramsey County Elections Manager, who determined there were valid signatures to put it
on the ballot. A few days later, the City Attorney’s office issued an opinion that IRV is
manifestly unconstitutional. The opinion was based in large on a 1915 case in Duluth – a
93 year-old case which they believe does not govern in this case. Benanav noted that in
1915, women were not allowed to vote. This is not a one person, one vote issue, he said.
The supporters of IRV believe the Charter is clear that the initiative should now go on the
ballot. It is their position that it is not the Council’s job to make a constitutional decision
but rather is up to the courts. It has to be a very high standard. He cited other
entities/individuals who said it was unconstitutional but it was ruled they were wrong.
He said they should have a discussion about the policy, the cost, etc. and place it on the
ballot. There is no cost to put it on the ballot and said he feels the constitutionality will
be determined prior to the 2009 election.
Andy Cilek, Executive Director of the Minnesota Voters Alliance, said the pressing issue
at this time is not whether IRV is a sound idea and a positive change, which it is neither,
but whether or not it is constitutional. Proponents claim that IRV is constitutional even
though the court ruled that preferential voting was contrary to the intent of the
constitution. They claimed that the court arrived at their conclusion not because it was
preferential voting, per se, but because it involved the Bucklin method of counting which
had the effect of giving some voters more than one vote. He said the fair vote proponents
argue that IRV does not share this fatal flaw because in IRV only one of each voter’s
rankings ends up counting – they only applied to the highest preferred candidate eligible
to receive it. Their arguments fails to address the real issue which is not how votes are
counted, not counted, discarded, transferred, or otherwise manipulated but rather how
many votes each voter is allowed to cast. The State’s highest court emphasized that the
constitution by implication forbids any elector to casting more than a single expression of
opinion or choice. Since IRV, like the Bucklin method, allows voters to cast multiple
votes or choices, it too shares this fatal flaw. Proponents point to the 1974 Michigan case
saying that it validates IRV as meeting the one person, one vote principle but that is not
supported by facts. Michigan was a weak equal protection argument. The Michigan
ruling declared that as long as the disenfranchisement applies equally to everyone, it’s
constitutional. The Michigan Court made its ruling guided by the mistaken belief that
IRV offers a speedier determination of elections, reduces election costs, involves a greater
base of voters, affords a greater voice in government by minorities, and insures a majority
winner. IRV insures none of the above, Cilek said. A second flaw with IRV is that all
votes are not counted equally. After providing extensive information, Mr. Cilek pointed
out that with the City of Minneapolis, there was no petition, no debate, and yet the City
passed it on a vote of 12 to 1 ignoring the advice of their city attorney that IRV conflicted
with the constitution. The St. Paul Charter Commission, after hearing both sides of the
argument, soundly rejected putting IRV on the ballot on a 6 to 2 vote.
July 2, 2008 City Council Summary Minutes Page 5
John Grysback, 630 Winslow Avenue, appeared in support of the resolution. He said the
issue is a person’s right to petition the government for redress or grievances. Also, the
Council has a responsibility with regard to the type of petition that is put before them and
the recommendation of the particular petition. He suggested they look at how the
amendment to the Charter is suggested to be changed. He had a concern in terms of the
language saying he felt it was poorly drafted. As the Charter presently exists, it says
without question that the person with the highest number of votes will win the election.
The amendment that is being suggested is that the Council will adopt, through the
Charter, a method of single, transferable vote, sometimes known as Instant Runoff
Voting, and then by ordinance that would require a vote of the majority of the Council to
change rules for counting the votes. He said that is ambiguous and gives him no comfort
with regard to changing and insuring that how he votes will count. The proposed
language for the change must be looked at and he asked the council to be very careful
about a fundamental right – the right to vote.
Councilmember Thune moved approval.
Councilmember Stark said he feels the question before the council is clear, he did not feel
they had any certainty on the constitutionality question at this point, and he will oppose
the resolution.
Councilmember Carter said it’s the courts’ role to decide with certainty. City Attorney
John Choi clearly stated that the Council has the ability to avoid futile election. The
question is whether IRV is a good thing for St. Paul and he feels it. He also feels it’s a
legal petition. Another question is whether IRV is constitutional according to the current
law. There are some significant concerns which have been stated by the City Attorney’s
Office and the State Attorney General’s Office so to put this on the ballot in 2008 in a
way that could very likely be struck down by a court, would be problematic.
Councilmember Harris said the resolution (item 17) clearly states the Council’s intent and
with a pending court case that will likely determine the outcome of a case St. Paul would
have to face, he questioned why they would not wait for the process to unfold.
Council President Lantry said she feel the entire Council took a thoughtful look at both
sides. The lawsuit in Minneapolis clouds what they are going to do. If they are going to
have people decide how to change the entire way of voting, it’s a big decision for voters.
So if someone makes the case that they want to change the way of voting, there should be
confidence that they have will go forward and at this point she does not feel that they do.
If they are looking at the outcome where people want to be able to vote on it, item 17
indicates that as soon as there is a conclusion on the Minneapolis case, it would be the
intent of the Council to put it on themselves.
July 2, 2008 City Council Summary Minutes Page 6
Adopted Yeas – 5 Nays – 1 (Stark)
17. Resolution – 08-694 – Expressing the Council’s intent to reconsider the City Charter
amendment on Instant Run-Off Voting pending a decision in the case of Minnesota
Voters Alliance, et al. v. the City of Minneapolis.
Councilmember Carter presented an amendment and moved approval
Adopted as amended Yeas – 6 Nays – 0
18. Resolution – 08-616 – Authorizing and directing the Administration to amend the City’s
contract with Eureka Recycling in order to add collection of household organics to the
Citywide Recycling Program beginning in 2009. [Laid over from June 18]
Councilmember Stark moved to lay over six weeks.
Laid over to August 13 Yeas – 6 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.
19. First Reading – 08-695 – An ordinance amending Chapter 55 of the Saint Paul
Legislative Code entitled “Uniform Fire Code” by adding a new section 55.08 charging
fees for excessive fire alarm malfunctions.
Laid over to July 9 for second reading
Reconsidered Item:
Councilmember Bostrom moved to reconsider the following ordinance which was adopted on
June 25: Yeas – 6 Nays – 0
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.
An amended ordinance was introduced and Councilmember Bostrom moved to lay over
for one week.
Laid over to July 9 for final adoption Yeas – 6 Nays – 0
July 2, 2008 City Council Summary Minutes Page 7
PUBLIC HEARINGS
The meeting was recessed until 5:30 p.m.
Present – 6 Absent 1 – Helgen (excused)
33. Resolution – 08-707 – Creating a new residential permit parking area near St. Paul
College and the Cathedral with the restriction “No Parking 7AM-7PM, Monday-Friday,
Except by Permit, Area 28,” and on the south side of Dayton Avenue from Farrington
Street to John Ireland Boulevard, and the north side of Dayton Avenue from one-half
block west of John Ireland Boulevard to John Ireland Boulevard with the restriction “2-
Hour Parking, 7AM-7PM, Monday-Friday, Except by Permit, Area 28.”
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0
25. Resolution – 08-699 – Approving the petition of the City of Saint Paul to vacate a
north/south half-lot parcel formerly used as an alley in the block bounded by Jessamine
Avenue, Geranium Avenue, Mendota Street, and Forest Street in order to facilitate title
work clean up for St. Casmir’s Church. [File No. 09-2008] (GS 3055512)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
20. Third Reading – 08-631 – An ordinance amending Chapter 376 of the Saint Paul
Legislative Code to change taxicab fares. (Substitute introduced June 25)
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 6 Nays – 0
Laid over to July 9 for final adoption
21. Third Reading – 08-640 – An ordinance amending Chapter 65 of the Saint Paul
Legislative Code pertaining to zoning code regulations for sober houses. (Substitute
introduced June 25)
Appearing in opposition to the ordinance were the following:
John Curtiss, 1258 Goodrich Avenue, President of the Minnesota Association of Sober
Homes, an organization dedicated to promoting quality, effective sober living
communities in the state, and which represents 37 sober homes in St. Paul. Mr. Curtiss is
also president of The Retreat, a chemical dependency recovery program, with services in
July 2, 2008 City Council Summary Minutes Page 8
Wayzata and St. Paul. He said that sober houses “have quietly existed” in the Twin Cities
since the 1950s and unlike group homes, sober houses are not service dependent
organizations. They are not licensed group homes which is an important distinction.
They estimate that in the 1970s and 1980s there were more houses than there are now in
St. Paul. Sober houses have always been a vital element of the recovery community,
Curtiss said. They range in structure from five individuals choosing to live together as a
single family with the expectations of sobriety and active AA involvement to more
structured houses. They are all credited with saving thousands of lives and are one of St.
Paul’s greatest resources. There is a reason sober houses have located in certain
residential neighborhoods and that is because people choose to live in a safe residential
area close to bus lines, coffee houses, AA meetings, and easy access to employment
opportunities. Most of the people do not have cars so they want to live in close walking
distance to vital resources they need to recover. It has been found that living in a sober
house significantly enhances long-term recovery outcomes. There is no evidence that
shows sober houses lower surrounding property values. There is also no evidence that
shows sober house contribute to higher crime rates, that they use more community
resources, or contribute to parking problems in the neighborhood. These are safe, clean
and well-maintained properties. He questioned what the City was trying to fix and said
the homes represent the solution and not the problem.
Terry Troy, 1594 Edgcumbe Road, one of the two owners of Real Estate Equities, said
they manage several thousand apartment units. If the ordinance is passed, he would like
to see it allow for eviction of people who get drunk. As a taxpayer, his concern is that the
City has had a year to study this and there are no compelling reasons, other than fear, for
passing a law that the city attorney and the planning commission wisely did not come
forward with. The discriminatory features of it are going to trigger a lawsuit as the
Supreme Court has ruled on it.
Chris Edrington, 180 George Street West, operator of St. Paul Sober Living, said he
operates 82 beds in St. Paul; four men’s houses and four women’s houses. He gave a
rundown of the sober houses and why they work where they are, saying that his houses
operate very much like a family and what’s in the ordinance will affect that model.
Jim Lynden, 599 Grand Avenue, said in the early 1970s he too was against having sober
houses in his neighborhood. Eventually, he had a sober house as a neighbor and they
were great neighbors. He now owns sober houses. He was a former attorney for the City
of Arden Hills and he cited a Minnesota Supreme Court case on which an opinion he
gave to the Arden Hills City Council saying that they can not listen to the “not in my back
yard advocates” but they needed to base their decisions on evidence presented to them
and their planning commission. That case is the law in the State of Minnesota. He
researched federal law and sober houses have a federal imprimatur to be in any Class A
residential district throughout the country.
July 2, 2008 City Council Summary Minutes Page 9
David Lillehaug, attorney with Fredrickson and Byron and representing the Minnesota
Association of Sober Homes (MASH), said while MASH has worked closely with
neighborhood advocates to come up with a definition of sober homes and is open to some
of the provisions in this ordinance, the provision that is the serious problem is the
separation requirement that says there may not be a sober home within 330 feet of another
sober home which he said is discriminatory. If the Council passes that provision of the
ordinance, he will not have to invent the wheel because this issue has been litigated
around the country and the law is that sober homes are people living together as families.
If there are other families that are similarly situated and there is no separation requirement
for them, then there can not legally be a separation requirement for these disabled people.
There is nothing in the record that shows that bad things happen when one sober home is
within 330 feet of another sober home.
Appearing in support of the ordinance were:
Angie Palomo, 1996 Marshall Avenue, read a statement saying last October she appeared
before the Council asking for a moratorium on new sober houses in St. Paul. Research
and compromise has been done toward a thoughtful, legal ordinance that protects the
rights of the residents of the sober houses, the owners and operators, and the neighbors.
She said they all recognize the importance of sober houses and agree that they save lives.
Unlike other kinds of business, sober house owners seem to feel they are above the need
for any kind of regulation. Palomo talked about the 330 feet disbursal limit saying that
tenants who rent rooms in sober houses benefit from this because it insures that their
homes will be in residential neighborhoods. The 330 feet also benefits the neighbors as
they try to preserve the same residential environment. The sober house model is to
integrate people in recovery into residential neighborhoods so one would think that a
moderate disbursal limit would be welcomed by everyone, at least by everyone who
wasn’t trying to make as much money as possible at the expense of the quality of life of
those they claim to serve.
Ryan Kapaun, President of the Payne Phalen District Planning Council, 506 Kenny Road,
spoke on behalf of the Community Planning and Economic Development Committee
(CPED). He said the previous evening CPED passed a motion supporting the proposed
ordinance with the disbursal requirement and provisions for a parking plan. The Payne
Phalen Planning Council has consistently advocated that a healthy mix of various types of
residential housing creates stable neighborhoods. Any concentration of a particular type
of housing undermines that goal. The Payne Phalen neighborhood is one of the
neighborhoods targeted by Invest Saint Paul Planning and Funding. There are hundreds
of vacant houses in this neighborhood. While this is a challenge, Kapaun said he also
sees it as an opportunity to bring new home owners into this community. This ordinance
is consistent with the work of the Planning Council of outlining how they want their
July 2, 2008 City Council Summary Minutes Page 10
neighborhood to look in the coming years. He urged the Council to pass the ordinance to
insure a diverse community.
Diane Gerth, 909 Bayard Avenue, said the West 7th area has one of the largest
concentrations of sober houses in the city and a long experience with them. She said they
know sober houses can be good neighbors and that the residents of the houses find the
living situations critical to their recovery. Despite what has been heard from the owners
and operators of sober houses over the years, the rights that are guaranteed under the
Federal Fair Housing Act are intended to benefit people in recovery and not their
landlords.
James Marty, 214 Exeter Place, president of the Union Park District Council, aka District
Council 13, stated that since early last year members of their board and staff have been
receiving a number of concerns raised by neighbors especially in the Merriam Park
neighborhood regarding the rapid proliferation of sober homes and the perceived
concentration of these homes. The district council looked into the issue and developed a
position paper on the matter. The ordinance agrees with some of the points they were
concerned about. The definition of a sober house and the assurance that a sober house,
once granted reasonable accommodation, remains a sober house in order to keep that
status. Marty went on to highlight a few points from their position paper.
Phil Erloch, resident of Marshall Avenue, said over the last many months a group of St.
Paul residents have been working on this issue and several statements have consistently
been made. 1) They believe that sober houses belong in and benefit the community; 2)
The people in recovery should be afforded the ability to live in a residential setting that
enhances their recovery; 3) The increase in concentration of sober houses in the
neighborhood has added to increased parking, congestion, traffic, and noise; and 4) The
modest regulations that enable people in recovery to live in a residential setting anywhere
in the city, while preserving the residential character of that setting, are reasonable.
MASH and others have said that the public record does not support the creation of this
ordinance. Erloch said these issues have been raised at every public hearing, at every
meeting with city staff, and every meeting with Councilmembers and their staff, and with
the mayor. He cited the case of Jeffrey O vs. City of Boca Raton, a case that MASH and
others cite as an example where regulations on sober houses were struck down. He
acknowledged that the city did lose but said they lost because they attempted to eliminate
sober houses from any residential area and they had no reasonable accommodation in
place to address those issues. The judge in the case stated that the preservation of a
neighborhood’s residential character is legitimate government interest. That statement is
repeated throughout the decision. Also, the judge said the city must draw a line
somewhere. The city was required to pay damages to the plaintiffs in the amount of
$1.00 per plaintiff because the plaintiffs had acted with deceit and acted unfairly. He said
July 2, 2008 City Council Summary Minutes Page 11
they support residents who reside in sober houses and also support a modest ordinance
that preserves the character of the neighborhoods.
Councilmember Stark moved to close the public hearing. Yeas – 6 Nays – 0
Laid over to July 9 for final adoption
22. Resolution – 08-696 – Approving the application of Cherry’s Minnehaha Tavern, Inc.,
d/b/a The Cherry Pit, 735 White Bear Avenue, for a sound level variance in order to
present live music, with limitations, on July 12, 2008 from 3:00 p.m. to 11:00 p.m.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval. Adopted Yeas – 6 Nays – 0
(Councilmember Carter was excused from the meeting at this time)
23. Resolution – 08-697 – Approving the application of the Wild West Frontier Fest,
represented by Jim Cunningham, Producer/Organizer, for a sound level variance in order
to present live music, with limitations, at Harriet Island Regional Park on July 25, 2008
from 7:00 p.m. to 10:00 p.m. and July 26 and 27, 2008 from 12:00 noon to 10:00 p.m.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Adopted Yeas – 5 Nays – 0
24. Resolution – 08-698 – Approving the application of Irish Fair of Minnesota for a sound
level variance in order to present amplified music, with limitations, on August 8, 9, and
10, 2008 from 10:00 a.m. to 10:00 p.m. at Harriet Island Regional Park.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Adopted Yeas – 5 Nays – 0
26. Resolution – 08-700 – Establishing a financing and spending plan in the Department of
Fire and Safety Services for the FY2007 Urban Area Security Initiatives grant received in
the amount of $1,692,000.00.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Adopted Yeas – 5 Nays – 0
27. Resolution – 08-701 – Amending the financing and spending plans in the Department of
Planning and Economic Development by adding $45,000.00 for two grants received from
the MPCA to assist in planning for sustainable redevelopment of the Ford Site.
July 2, 2008 City Council Summary Minutes Page 12
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval. Adopted Yeas – 5 Nays – 0
28. Resolution – 08-702 – Establishing a financing and spending plan in the Police
Department for a grant received from Anoka County, in the amount of $56,016.00, for the
Minnesota Financial Crime Task Force.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval. Adopted Yeas – 5 Nays – 0
29. Resolution – 08-703 – Establishing a financing and spending plan in the Police
Department for an Integrated Domestic Violence Response Framework program grant
received from the State of Minnesota in the amount of $487,500.00.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval. Adopted Yeas – 5 Nays – 0
30. Resolution – 08-704 – Establishing a financing and spending plan in the Police
Department for tuition collected in the amount of $157,000.00 from the Northwestern
University Professional Development Institute Staff Command training.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval. Adopted Yeas – 5 Nays – 0
31. Resolution – 08-705 – Amending the financing and spending plans in the Division of
Parks and Recreation by adding $9,750.00 received from the Minnesota Department of
Natural Resources for habitat restoration projects.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Adopted Yeas – 5 Nays – 0
32. Resolution – 08-706 – Approving the establishment of a Tax Increment Financing
District (2700 University Avenue Project) and the adoption of a Tax Increment Financing
Plan – District 12.
No one appeared in opposition; Councilmember Stark moved to close the public hearing
and approval. Yeas – 5 Nays – 0
Councilmember Harris asked for clarification that this is a standard TIF district saying he
was referencing the upcoming TIF district surrounding the Xcel Energy Center that will
have the County removed from it. Joan Truelson, Department of Planning and Economic
Development, confirmed that this was a standard one.
July 2, 2008 City Council Summary Minutes Page 13
Stark moved approval. Adopted Yeas – 5 Nays – 0
34. Resolution Ratifying Assessment – 08-708 – In the matter of sanitary sewer connections
new and/or repairs done at the request of the property owner.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval. Adopted Yeas – 5 Nays – 0
35. Public hearing to consider the appeal of Donald Cameron to a decision of the Board of
Zoning Appeals denying two variances in order to split one of the apartment units in a 7-
unit building to create an 8th unit at 469-471 Grand Avenue. (ZF 08-082615)
John Hardwick, Department of Safety and Inspections, presented a staff report. The
appellant is the owner of the property, a seven-unit apartment building. Mr. Cameron
recently appealed to the Board of Zoning Appeals (BZA) for some variances … a
minimum lot size variance that required off street parking and a density variance in order
to sub-divide one of the apartment units and make it an eight-unit building. In May, 2008
the BZA conducted a public hearing on the variance request. Staff presented a report
with a recommendation for denial and the District 16 Summit Hill Association also
recommended denial. After taking testimony from those present, the Board resolved to
deny the variance on a 7-0 vote
Bryan Zlimen, representing Donald Cameron, said this variance is an opportunity for the
Council to benefit a wide-range of people within St. Paul. It is a very small change that
will have a much bigger effect. They want to take an apartment building that houses
people who are part of a program call the Safe House Program which is run by Regions
Hospital. They take people who have special needs and put them into places that are
stable and secure and where they can get the support they need from Regions Hospital
and allow them to become members of the community, to maximize their potential, and
become active members of the neighborhood.
Mr. Zlimen said the property is currently a legal non-conforming use as are many of the
ones in the neighborhood and it’s non-conforming to both of the statutes that were
mentioned earlier, the density ordinance and the parking ordinance. The zoning variance
ordinance exists in order to allow situations where complying with the letter of the law
does not serve the best interest for the spirit and intent of the law. They are looking at
taking a three-bedroom unit and splitting it into two one-bedroom units. This will
eliminate a bedroom from the building and decrease the population of the building. By
decreasing the population, the density is decreased, the impact on the neighborhood and
the number of potential drivers and the number of parking spaces needed. It will comply
with both the spirit and intent of the ordinances. He reviewed and commented on the
elements that were questioned. He said that the neighbors are in full support.
July 2, 2008 City Council Summary Minutes Page 14
Donald Cameron, 556 Ashland Avenue, owner of 469-471 Grand Avenue, said he was
responding to a request of Regions Hospital Safe House to provide a residential living
unit for one more of their clientele. He has visited various surrounding home owners and
has received 100% support from all of them
Councilmember Thune moved to close the public hearing Yeas – 5 Nays – 0
Thune said he feels this is a wonderful program, they are good neighbors, and Mr.
Cameron is a good landlord. However, he concurred with the BZA that it is a small
parcel and he did not see that the appea1lant had proved error. He moved to deny the
appeal based on the record and the findings of the BZA.
Motion of Intent – Appeal Denied Yeas – 5 Nays – 0
36. Resolution – 08-486 – Ordering the owner to remove or repair the building(s) at 1583
York Avenue within fifteen (15) days from adoption of resolution. [Public hearing
continued from June 18] (Legislative Hearing Officer recommends continuing the
Legislative Hearing to August 12 and the City Council Public Hearing to August 20)
No one appeared in opposition; Councilmember Bostrom moved to continue the public
hearing to August 20.
Laid over to August 20 for continuation of the public hearing Yeas – 5 Nays – 0
37. Resolution – 08-709 – Ordering the owner to remove or repair the property at 1044 Bush
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer’s recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended that the building be
removed within fifteen (15) days with no option for repair as none of the conditions have
been met.
No one appeared in opposition; CP Lantry moved to close the public hearing and
approval.
Adopted as amended, per the recommendation of the Legislative Hearing Officer (remove
within fifteen (15) days with no option for repair) Yeas – 5 Nays – 0
38. Resolution – 08-710 – Ordering the owner to remove or repair the property at 157 Front
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer’s recommendation is forthcoming)
July 2, 2008 City Council Summary Minutes Page 15
Marcia Moermond, Legislative Hearing Officer, recommended the resolution be laid over
six weeks and referred back to a Legislative Hearing conditioned upon the vacant
building fees being paid by the close of business on July 8, 2008.
Councilmember Thune moved to lay over to the July 29, 2008 Legislative Hearings and
City Council public hearing continued to August 6, 2008 Yeas – 5 Nays – 0
39. Resolution – 08-711 – Ordering the owner to remove or repair the property at 475
Hopkins Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer’s recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended that the building be
removed within fifteen (15) days with no option for repair. The bank made a
determination not to complete the foreclosure on the property. It was a no-show
Legislative Hearing, no fees were paid, etc.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval as amended.
Adopted as amended, per the recommendation of the Legislative Hearing Officer (remove
within fifteen (15) days with no option for repair)
Yeas – 5 Nays – 0
40. Resolution – 08-712 – Ordering the owner to remove or repair the property at 988 Reaney
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer’s recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended laying over 30 days. The
house has some historic significance in the area and there is interest in preserving it.
Councilmember Lantry moved to close the public hearing and lay over 30 days.
Laid over to August 6, 2008 Yeas – 5 Nays – 0
41. Resolution – 08-713 – Ordering the owner to remove the property at 996 Reaney Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; CP Lantry moved to close the public hearing and
approval.
Adopted Yeas – 5 Nays – 0
July 2, 2008 City Council Summary Minutes Page 16
42. Resolution – 08-714 – Ordering the owner to remove the property at 683 Sims Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays – 0
43. Resolution – 08-715 – Ordering the owner to remove or repair the property at 609 Wells
Street within ninety (90) days from adoption of resolution. (Legislative Hearing Officer’s
recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended granting 90 days to
complete rehabilitation as the standard conditions have been met.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted (per the recommendation of the Legislative Hearing Officer)
Yeas – 5 Nays – 0
44. Resolution – 08-716 – Ordering the owner to remove or repair the property at 616 Wells
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends continuing the Legislative Hearing to July 8 and Council Public Hearing on
July 16)
No one appeared in opposition; Councilmember Bostrom moved to lay over to the July 8
Legislative Hearings and continue the City Council public hearing continued to July 16
Yeas – 5 Nays – 0
45. Resolution – 08-717 – Ordering the owner to remove or repair the property at 942
Woodbridge Street within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer’s recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated that the conditions have been met
and the project is almost complete; therefore, she recommends granting sixty (60) days
for completion of the project.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted as amended, per the recommendation of the Legislative Hearing Officer (60 days
granted to remove or repair the building) Yeas – 5 Nays – 0
July 2, 2008 City Council Summary Minutes Page 17
46. Resolution – 08-718 – Ordering the owner to remove the property at 986 Woodbridge
Street within five (5) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 5 Nays – 0
47. Resolution Ratifying Assessment – 08-719 – 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 2-29, 2008 [J0806P];
property cleanups on private properties from April 10-29, 2008 [J0808A]; and weekly
garbage hauling services from April 16-30, 2008 [J0808G]. (Legislative Hearing Officer
recommends the following:
1222 Albemarle Street (J0808G) – approve the assessment;
850 Aurora Avenue (J0801B) – approve the assessment;
929 Aurora Avenue (J0808A) – approve the assessment;
1910 Clear Avenue (a/k/a 1909 Ivy Avenue East) (J0806P) – recommendation is
forthcoming; delete the assessment
826 Como Avenue (J0801B) – approve the assessment; referred back to a Legislative
Hearing;
1033 Galtier Street (J0801V) – delete the assessment;
736 Geranium Avenue (J0801B) – approve the assessment;
326 George Street West (J0806P) – recommendation is forthcoming; delete the
assessment;
1332 Grand Avenue (a/k/a 62 Hamline Avenue South) (J0806P) – delete the assessment;
647 Hall Avenue (J0808A) – reduce the assessment from a total of $416 to a total of
$266;
87 Hatch Street (J0806P) – delete the assessment;
796 Hawthorne Avenue East (J0806P) – delete the assessment;
1319 Hewitt Avenue (J0801B) – approve the assessment;
931 Iglehart Avenue (J0808A) – delete the assessment;
964 Iglehart Avenue (J0808A) – approve the assessment;
988 Iglehart Avenue (J0808A) – approve the assessment; and spread the payments over
three (3) years;
1030 Jessie Street (J0808A) – delete the assessment;
67 Magnolia Avenue West (J0808A) – recommendation is forthcoming; approve the
assessment
72 Magnolia Avenue West (J0808G) – approve the assessment;
81 Magnolia Avenue West (J0808A) – delete the assessment;
July 2, 2008 City Council Summary Minutes Page 18
690 Mount Hope Avenue (J0801B) – approve the assessment;
351 Robert Street South (J0806P) – delete the assessment;
989 Selby Avenue (J0806P) – delete the assessment;
790 Sherburne Avenue (J0806P) – delete the assessment;
1721 Seventh Street East (J0806P) – delete the assessment;
1439 Sixth Street East (J0801V) – delete the assessment;
480 Snelling Avenue South (J0806P) – delete the assessment;
848 Third Street East (J0808A) – approve the assessment;
1718 University Avenue West (J0801B) – approve the assessment;
74 Wood Street (J0801B) – recommendation is forthcoming;
930 Woodbridge Street (J0808A) – delete the assessment;
939 Woodbridge Street (J0808A) – delete the assessment;
996 Woodbridge Street (J0801B) – approve the assessment;
1319 Woodbridge Street (J0808A) – approve the assessment; and
851 York Avenue (J0806P) – delete the assessment.)
Additional addresses:
69 Jessamine Avenue West (J0808G) – laid over to the July 24 Legislative Hearing and
August 6 Council Public Hearing;
819 Park Street (J0806P) – delete the assessment.
826 Como Avenue – Referred back to a Legislative Hearing
Marcia Moermond, Legislative Hearing Officer, made changes as underlined above.
Moermond addressed property at 826 Como Avenue saying this was a no-show
Legislative Hearing and that she had no report for the Council. Typically, matters of this
type are referred back for a Legislative Hearing. The assessment is for boarding of a
building in the amount of $341.97.
Jeff Guertin, property owner of 826 Como Avenue, said he was not clearly notified that
there was a problem of damage and he could have handled the matter himself. Lantry
requested that he speak with Ms. Moermond to schedule a Legislative Hearing.
Councilmember Thune moved to close the public hearing, except for the items which
have public hearings laid over, and approval as amended (per the recommendation of the
Legislative Hearing Officer) Yeas – 5 Nays – 0
48. Appeal of Han Chin Liu and Sue Fun Liu to a Vacant Building Registration Notice for
property at 1164 7th Street East. (Legislative Hearing Officer recommends denying the
appeal)
July 2, 2008 City Council Summary Minutes Page 19
Marcia Moermond, Legislative Hearing Officer, said Mr. and Mrs. Liu were present
earlier but were satisfied with the recommendation that this is to be a registered vacant
building; it will be a Category 1 registered vacant building. She recommended that
Council waive the vacant building fees for six months.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and deny the appeal.
Appeal Denied Yeas – 5 Nays – 0
49. Appeal of Ralph Killing to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 930 Desoto Street. (Legislative Hearing Officer’s
recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended that the Council deny the
appeal. The conditions did exist, but they have been corrected and the condemnation
lifted.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and deny the appeal.
Appeal denied Yeas – 5 Nays – 0
50. Appeal of J. Vang to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 114 Litchfield Street. (Legislative Hearing Officer’s
recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended that the Council deny the
appeal and extend the vacate date to July 2, 2008.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and deny the appeal with a vacate date of July 2, 2008
Appeal denied with a vacate date of July 2, 2008
Yeas – 5 Nays – 0
51. Appeal of Gerald Michalec to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 823 Hardenbergh Place #2. (Legislative Hearing Officer
recommends denying the appeal)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and deny the appeal.
Appeal Denied Yeas – 5 Nays – 0
July 2, 2008 City Council Summary Minutes Page 20
52. Appeal of Bonnie Mae Gear to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 1301 Minnehaha Avenue East. (Legislative Hearing
Officer recommends denying the appeal and waiving the vacant building registration fee
for six (6) months)
Marcia Moermond, Legislative Hearing Officer, said this did meet the vacant building
definition at the point that certificate of occupancy inspectors were alerted to the
conditions. Ms. Gear appeared for an appeal hearing and significant repairs had been
done at that time. The question is whether a complete code compliance or team
inspection needs to be done and all items addressed prior to re-occupation, or whether the
building can be rented and re-occupied immediately. Moermond recommended that the
Council require the team inspection but waive the registered vacant building fee.
Bonnie Mae Gear, 9380 Abigail Court, Inver Grove Heights, appeared in opposition to
Ms. Moermond’s recommendation saying that the tenant moved out without giving
notice but did call Xcel Energy and the Water Department so electricity and gas were
turned off but the city did not contact her. The Water Department notified Ms. Gear and
sent her a final tenant moved-out bill which was the first time she knew her tenant was
moving. This is a single family home and the tenant was required to keep up the yard ad
pay all the utilities. In the past, if there were problems the city would send Gears a bill
and she would have a chance to correct the code violation. She was not given notice and
a chance to correct this current violation of the gas and electricity being turned off. She
immediately had them turned back on but was told it was a vacant building. She showed
pictures, talked further about the issues, and said she did not feel it should be on the
vacant list.
Councilmember Thune moved to close the public hearing. Yeas – 5 Nays - 0
Lantry said this got in the system because of the utility shutoffs which automatically
triggers condemnation. Ms. Moermond added that the building was also found to be
empty. In regard to the notification issue, if it is a city-identified problem, the city has a
practice of providing notice to the property owner which allows the property owner time
to correct the situation. If it’s not corrected, the city does the work. This is a private
utility shutting off the services and the city does not receive notice until weeks later and
that triggers an inspection to determine whether or not all the basic facilities are provided.
Lantry asked if the house holds a current C of O. Moermond responded that she was not
sure if it was a current C of O or a provisional but whatever it was, it has been revoked at
this time because it was found to be vacant with utilities shut off. The utilities are back
on and some of the corrections have been made.
July 2, 2008 City Council Summary Minutes Page 21
Lantry suggested that a C of O inspector be sent out and that a current C of O be obtained.
She did not feel a code compliance, etc. was needed.
Moermond recommended that the department grant the C/O with any deficiencies that
are found and that deadlines will be established for corrections of the deficiencies. If
corrections are not made, the matter will be back before the City Council.
Councilmember Bostrom moved the appeal as noted below.
Appeal denied and Fire Certificate of Occupancy reinstated with deficiencies granted.
Inspection staff requested to re-inspect and update deficiencies and deadlines.
Yeas – 5 Nays – 0
53. Appeal of Soliving Kong to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 346 Hope Street. (Legislative Hearing Officer
recommends denying the appeal)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and deny the appeal.
Appeal Denied Yeas – 6 Nays – 0
54. Appeal of Hung Nguyen to a Vehicle Abatement Order for property at 691 Lafond
Avenue. (Legislative Hearing Officer recommends denying the appeal and granting an
extension to July 11, 2008 to come into compliance on the vehicle)
No one appeared in opposition; Councilmember Stark moved to close the public hearing
and to deny the appeal.
Appeal denied and extension granted to July 11, 2008 to come into compliance on the
vehicle. Yeas – 6 Nays – 0
55. Appeal of Marion Pearson to a Condemnation and Order to Vacate for property at 1147
Central Avenue West. (Legislative Hearing Officer recommends denying the appeal with
a vacation date of June 26, 2008)
Marcia Moermond, Legislative Hearing Officer, stated that subsequent to the hearing she
had on this matter, Ms. Pearson secured assistance from SMRLS and is working with
Xcel to resolve the billing situation. The account had been in her estranged husband’s
name and Xcel was not communicating with Ms. Pearson. Moermond asked that the
public hearing be continued for two weeks.
Marion Pearson appeared and said she was in agreement with Moermond’s
recommendation.
July 2, 2008 City Council Summary Minutes Page 22
Moermond added that the batteries must be replaced in the smoke detectors immediately
and that there not be infants in the house.
Councilmember Thune moved to continue the public hearing to July 16.
Public hearing continued to July 16 Yeas – 5 Nays – 0
56. Appeal of Nancy Lazaryan, on behalf of Evelyn Wallace, to a Summary Abatement Order
for property at 1033 Colne Street. (Legislative Hearing Officer recommends denying the
appeal)
Marcia Moermond, Legislative Hearing Officer, said her recommendation had not
changed but she asked that the Council stay enforcement on the boarding requirement of
the first floor pending the outcome of the district court consideration of that matter.
Bob Zick, 2231 Penn Place #104, St. Paul, spoke on behalf of Nancy Lazaryan, saying
that the issue was the dumpster and its contents, and removal of tall grass and weeds
which have been taken care of. He talked about why this issue should not have ever come
before the Council as well as other matters of this kind based on the current economy and
people not having the resources to take care of many property issues. He also questioned
how this could be on the agenda when the issue is in court.
Councilmember Bostrom moved to close the public hearing. Yeas – 5 Nays - 0
Councilmember Bostrom moved to deny the appeal as noted below.
Appeal denied and enforcement of first floor boarding stayed, pending District Court
direction on matter. Yeas – 5 Nays – 0
Councilmember Bostrom moved to adjourn the meeting. Yeas – 6 Nays – 0
ADJOURNED at 7:20 P.M.
ATTEST:
_______________________ __________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: _October 15, 2008___________
Mary Erickson Minutes approved by Council