Minutes 1-17-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 17, 2007 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
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entirety or a specific item can be viewed. Visit our website at www.ci.stpaul.mn.us/council and click on
Watch the Live Webcast.
The meeting was called to order by Council President Lantry at 3:33 p.m.
Present – 7 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 0 –
CONSENT AGENDA (Items 1 - 11)
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.
It was noted that Item 8a has been withdrawn.
Councilmember Helgen referred to Item 5 and requested Finance Staff to provide the Council
additional details about the appropriations.
Councilmember Thune moved approval of the consent agenda as amended.
Adopted as amended Yeas – 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Brenengen & Associates (for Michael A. Jensen), Gallagher Law Firm (for
Neng Vang), and two claims by Northern States Power Company, dba Xcel Energy.
Referred to Risk Management
2. Statement of Claim and Summons in the matter of Colleen A. Cahil vs. one 1996
Oldsmobile.
Referred to the City Attorney’s Office
January 17, 2007 City Council Summary Minutes Page 2
3. Administrative Order:
D002621 Extending the contract completion date from December 30, 2005 to
December 30, 2006 for the Fairview/University Sewer Cleaning and
TV Inspection Project.
On file in the City Clerk’s Office
FOR ACTION
4. Resolution – 07-30 – Recommending that the Board of Ramsey County Commissioners
approve the repurchase application for property at 1296 Hague Avenue.
Adopted Yeas – 7 Nays – 0
5. Resolution – 07-31 – Approving the 2007 Capital Maintenance Program
recommendations.
Adopted Yeas – 7 Nays – 0
6. Resolution – 07-32 – Authorizing the Division of Parks and Recreation to accept a
donation of five hundred (500) shrub roses from Bailey’s Nursery, valued at $4,500.00, to
be planted in the Kellogg Boulevard medians.
Adopted Yeas – 7 Nays – 0
7. Resolution – 07-33 – Approving adverse action against the Cigarette/Tobacco license
held by Minnesota Convenience Corporation, dba Galtier Convenience, 380 Jackson
Street.
Adopted Yeas – 7 Nays – 0
8. Resolution – 07-34 – Approving the execution of a Development Agreement with
Farmers Market Lofts for the Market Lofts Project located in Lowertown.
Adopted Yeas – 7 Nays – 0
8a. Resolution – 07-46 – Accepting a gift from Stanley Hubbard for Mayor Coleman’s
travel in conjunction with the Host Committee Contract.
Withdrawn
9. Preliminary Order – 07-35 – In the matter of the operation costs of the Above
Standard Street Lighting System on the east side of future Temperance Street from
Tenth Street to Ninth Street and on the north side of Ninth Street from future
Temperance Street to approximately 100 feet east of future Temperance Street; the
east side of Sibley Street from Tenth Street to Ninth Street and the south side of Tenth
Street from Sibley Street to approximately 40 feet east of Sibley Street; and the north
side of Ninth Street from Sibley Street to approximately 200 feet east of Sibley Street for
2007, and setting date of public hearing for February 21, 2007. (File No. 19029)
January 17, 2007 City Council Summary Minutes Page 3
Adopted Yeas – 7 Nays – 0
10. Preliminary Order – 07-36 – In the matter of improving the westernmost north-south alley
in Saint Anthony Park North, Block 27, from Valentine Avenue to approximately 264
feet south of Valentine Avenue, by grading and paving with bituminous material for the
area bounded by Valentine Avenue, Como Avenue, Keston Street and Doswell Avenue;
and in the matter of condemning and taking an easement in the land necessary for the
slopes, cuts and fills, including right of removal of lateral support from subject land or
land remainder thereof, occasioned by excavation thereof or construction of slopes in the
grading and paving of the westernmost north-south alley in Saint Anthony Park North,
Block 27, from Valentine Avenue to approximately 264 feet south of Valentine Avenue,
and setting date of public hearing for February 21, 2007. (File No. 19039)
Adopted Yeas – 7 Nays – 0
11. Preliminary Order – 07-37 – In the matter of improving the alley in Arcadia, Block 2,
from Kenneth Street to approximately 296 feet west of Kenneth Street, by grading and
paving with bituminous material the area bounded by Mississippi River Boulevard,
Kenneth Street, Norfolk Avenue, and Cleveland Avenue; and in the matter of
condemning and taking an easement in the land necessary for the slopes, cuts and fills,
including right of removal of lateral support from subject land or land remainder thereof,
occasioned by excavation thereof or construction of slopes in the grading and paving of
the alley in Arcadia, Block 2, from Kenneth Street to approximately 296 feet west of
Kenneth Street, and setting date of public hearing for February 21, 2007.
(File No. 19038)
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
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.
12. Final Adoption – 06-1047 – An ordinance amending the Saint Paul Legislative Code by
creating a new section, Legislative Code § 69.511, entitled “parkland dedication
requirements, residential developments.” (Laid over from January 10)
After a brief discussion, Councilmember Thune moved to lay over three weeks.
Laid over to February 7 Yeas – 7 Nays – 0
January 17, 2007 City Council Summary Minutes Page 4
13. Second Reading – 07-29 – An ordinance memorializing City Council action granting the
application of Margery Wells to rezone property from RM-2 (Multiple-Family
Residential) to OS (Office-Service) at 1449 Grand Avenue, between Pascal and Albert
Streets. (Zoning File No. 06-240-622) (Public hearing held December 20, 2006)
Laid over to January 24 for third reading
14. First Reading – 07-38 – An ordinance amending Chapter 166.10 of the Saint Paul
Legislative Code by extending the residential street permit parking district in the Irvine
Park neighborhood to include residents on the south side of Exchange Street.
Laid over to January 24 for second reading
15. First Reading – 07-39 – An ordinance amending Chapter 64 of the Saint Paul Legislative
Code pertaining to signs, amending existing language and adding new language
pertaining to temporary signs, skyway banners and light pole banners; amending Saint
Paul Legislative Code Section 140.07 pertaining to skyway advertising and exterior signs,
adding new language regulating exterior skyway banners; and amending Saint Paul
Legislative Code Section 286.03 pertaining to posting of masts and poles, regulating
banners on light poles.
Laid over to January 24 for second reading
Councilmember Benanav moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-47 – Supporting legislation that will require all firearm thefts be reported
to local law enforcement authorities.
Councilmember Benanav stated adopting this resolution will strengthen enforcement of
stolen weapons. Councilmember Bostrom spoke in support of the resolution.
Councilmember Benanav moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Harris acknowledged and welcomed a St. Thomas Academy student who was
attending the City Council meeting.
PUBLIC HEARINGS
Council President Lantry said Items 16 and 18 are related and therefore public testimony will be
considered for both items at the same time.
January 17, 2007 City Council Summary Minutes Page 5
Council President Lantry presented an overview of Item 16, and Marcia Moermond,
Legislative Hearing Officer, presented an overview of Item 18.
Lee Lucht (1092 Cumberland) and Von Braschler (1645 Thomas Avenue) appeared and
spoke in opposition
Carol Buche, representing the St. Paul Association of Responsible Landlords, said she is
not in opposition but expressed concern with how the grades will be set.
Kerri Antrim, District 6 Planning Council, spoke in support of prioritizing the system,
and Steven Dickenson with the Laurel/Hague Block Club also spoke in support of the
programs.
Councilmember Bostrom moved to close the public hearing and to lay over Item 16 to be
to January 24 for consideration at the same time as final adoption of Item 18
Yeas – 7 Nays – 0
16. Resolution – 06-1120 – Establishing a building deficiency point system for the purpose of
implementing a Fire Certificate of Occupancy Inspection Schedule based on building
characteristics, per Title VI of the Legislative Code "Building and Housing." (Amended
and laid over from January 10)
Laid over to January 24
18. Third Reading – 06-1130 – An ordinance amending Title VI of the Saint Paul Legislative
Code, "Building and Housing," the Fire Certificate of Occupancy Program, to include a
Classification System. (Amended January 10)
Laid over to January 24 for final adoption
17. Third Reading – 06-1129 – An ordinance amending Title VI of the Saint Paul Legislative
Code, "Building and Housing," to create a chapter establishing a Fire Certificate of
Occupancy Program. (Amended January 10)
Marcia Moermond, Legislative Hearing Officer, presented a brief overview and explained
amendments made to the ordinance by Councilmembers Benanav and Bostrom are for
clarification purposes.
Councilmember Bostrom moved approval of the amendments Yeas – 7 Nays – 0
Molly Grove with NHA spoke in support of the ordinance and thanked City staff for their
dedication and hard work in making these significant changes.
Kerri Antrim, District 6 Planning Council, spoke in support of the ordinance.
January 17, 2007 City Council Summary Minutes Page 6
Councilmember Bostrom moved to close the public hearing. Yeas – 7 Nays – 0
Amended and laid over to January 24 for final adoption
19. Third Reading – 06-1131 – An ordinance repealing Chapter 51 of the Saint Paul
Legislative Code pertaining to Dwelling Unit Registration.
Marcia Moermond, Legislative Hearing Officer, presented a brief overview.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing. Yeas – 7 Nays – 0
Laid over to January 24 for final adoption
20. Third Reading – 06-1132 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code pertaining to Building Code and Inspection. (Amended January 10)
Marcia Moermond, Legislative Hearing Officer, referred to and explained a minor
amendment changing two words.
Councilmember Bostrom moved approval of the amendments. Yeas – 7 Nays – 0
Lee Lucht, 1092 Cumberland, and Anthony Gulden, 119 W. Magnolia Avenue, spoke in
opposition to the ordinance.
Councilmember Benanav moved to close the public hearing. Yeas – 7 Nays – 0
Amended and laid over to January 24 for Final Adoption
21. Resolution – 07-40 – Approving adverse action against Heather Ann Kolsara, employee
at Galtier Convenience, 380 Jackson Street.
Rachel Gunderson, Assistant City Attorney representing the Office of License,
Inspections and Environmental Protection, explained adverse action against Galtier
Convenience has already occurred and what is before Council today is action against the
employee who sold a tobacco product to an underage individual. Ms. Gunderson said
these instances are frequent and that the City Attorney’s Office allows individuals due
process of a public hearing which Ms. Kolsara has requested and why it is before
Council.
January 17, 2007 City Council Summary Minutes Page 7
Heather Kolsara apologized for unknowingly selling tobacco to an underage person and
explained the circumstances of her job environment the night of the sale.
After a brief discussion Councilmember Thune moved to impose the $50.00
Administrative Fine.
Adopted Yeas – 7 Nays – 0
22. Resolution Ratifying Assessment – 07-41 – In the matter of the assessment of benefits,
cost and expenses for Tenant Remedy Action Rehabilitation for property at 166 E. Fourth
Street during October, 2006.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays - 0
23. Resolution Ratifying Assessment – 07-42 – In the matter of the assessment of benefits,
cost and expenses for summary abatement for excessive consumption of inspection
services for property code violations at 948 Euclid Street from April 12 to May 12, 2006.
(J0604E4) (Laid over from November 15, 2006) (Legislative Hearing Officer
recommends deleting the assessment.)
Marcia Moermond, Legislative Hearing Officer, recommended this assessment be
deleted.
No one appeared in opposition; Councilmember Thune moved to close and approval as
amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer
Yeas – 7 Nays – 0
24. Appeal of Andrea Jepsen, Southern Minnesota Regional Legal Services, on behalf of
Geraldine Bugg, to a Condemnation and Order to Vacate property at 721 Delaware
Avenue. (Legislative Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended this item be referred back
to the Legislative Hearing on January 23 with the City Council public hearing continued
to February 7 to allow the property owner time to do rehabilitation to the property.
No one appeared in opposition; Councilmember Thune moved to continue the public
hearing to February 7.
Public hearing continued to February 7 Yeas – 7 Nays – 0
January 17, 2007 City Council Summary Minutes Page 8
25. Appeal of Scott Renstrom, on behalf of Gregory Maslow, to a Summary Abatement
Order and Excessive Consumption of Inspection Services Fee for property at 957 Cook
Avenue East. (Legislative Hearing Officer recommends granting the owner to February
20, 2007, to provide a financial plan and work plan for making the repairs to the garage.
If the owner is unable to come up with financing and a plan to make the repairs to the
garage, she recommended the City remove the building.)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and grant the appeal.
Appeal granted with conditions per the recommendation of the Legislative Hearing
Officer Yeas – 7 Nays - 0
26. Appeal of Ann Krebes to a Revocation of Certificate of Occupancy, which includes
Condemnation, for property at 1861 and 1871 Randolph Avenue. (Legislative Hearing
Officer recommends granting the appeal with the following conditions: 1) The property
owner removes storage from the hallways for egress purposes within 10 days; 2) the
condemnation date would be extended for an additional 10 days with the revocation
remaining in place; 3) the property would need to be re-inspected for compliance within
30 days from the extension of the condemnation.)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and grant the appeal with conditions.
Appeal granted with conditions (per the recommendation of the Legislative Hearing
Officer) Yeas – 7 Nays – 0
27. Resolution Ratifying Assessment – 07-43 – In the matter of the assessment of benefits,
cost and expenses for towing abandoned vehicles from private properties in June and
July, 2006 (J0604V); summary abatements (property cleanup) from September 1 to
September 14, 2006 (J0613A); providing weekly garbage hauling services from
September 5 to September 12, 2006 (J0611G); boarding up vacant buildings in July, 2006
(J0609B); and demolition of a vacant building at 119 Magnolia Avenue West in
September, 2006 (J0604C). (Legislative Hearing Officer recommends the following:
478 Blair Avenue (J0609B) - approve the assessment;
944 Charles Avenue (J0613A) - reduce the assessment from a total of $530.00 to a total
of $370.00;
716 Como Avenue (J0613A) - reduce the assessment from a total of $230.00 to a total of
$115.00;
870 Cook Avenue East (J0613A) - reduce the assessment from a total of $396.00 to a
total of $198.00;
January 17, 2007 City Council Summary Minutes Page 9
65 George Street West (J0609B) - approve the assessment;
849 Howell Street North (J0613A) - delete the assessment;
970 Jessamine Avenue East (J0613A) - approve the assessment;
1024 Jessie Street (J0613A) - approve the assessment; laid over to the January 23
Legislative Hearing and February 7 Public Hearings
119 Magnolia Avenue West (J0604C) - approve the assessment;
359 Maria Avenue (J0613A) - approve the assessment;
995 Minnehaha Avenue West (J0613A) - reduce the assessment from a total of $358.00
to a total of $200.00;
960 Pacific Street (J0613A) - approve the assessment;
1234 Rice Street (J0611G) - recommendation is forthcoming laid over to the January 23
Legislative Hearing and February 7 Public Hearings;
643 Winslow Avenue (J0613A) - approve the assessment; and
1209 Woodbridge Street (J0613A) - reduce the assessment from a total of $358.00 to a
total of $179.00.)
Marcia Moermond, Legislative Hearing Officer, recommended that 1024 Jessie Street be
returned to the January 23 Legislative Hearing and to the February 7 City Council public
hearing, and that the issue before Council today pertaining to property at 119 Magnolia
Street is in regard to the assessment.
Anthony Gulden, 119 W. Magnolia Street, appeared and spoke in opposition to the
assessment against his property.
Councilmember Helgen requested that property at 1234 Rice Street be returned to the
January 23 Legislative Hearing and to the February 7 City Council public hearing.
Councilmember Helgen moved approval of the resolution as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
28. Resolution Ratifying Assessment – 07-44 – In the matter of the assessment of benefits,
cost and expenses for summary abatement for excessive consumption of inspection
services for property code violations billed from May 15 to June 30, 2006 (J0605E);
demolition of vacant buildings on September 27, 2006 (J0605C); summary abatement
(property cleanup) from September 16 to September 29, 2006 (J0614A); and providing
weekly garbage hauling services from September 12 to September 26, 2006 (J0612G).
(Legislative Hearing Officer recommends the following:
229 Bates Avenue (J0614A) - reduce the assessment from a total of $380.00 to a total of
$120.00;
January 17, 2007 City Council Summary Minutes Page 10
1073 Beech Street (J0614A) - approve the assessment;
433 Brainerd Avenue (J0605E) - approve the assessment;
1610 Bush Avenue (J0614A) - delete the assessment;
856 Burr Street (J0605E) - approve the assessment;
1619 Carroll Avenue (J0614A) - delete the assessment;
903 Central Avenue West (J0614A) - delete the assessment;
656 Cook Avenue East (J0605E) - approve the assessment;
1712 Dayton Avenue (J0605E) - delete the assessment;
387 Duke Street (J0605E) - delete the assessment;
777 Fifth Street East (J0614A) - approve the assessment;
91 Jessamine Avenue West (J0614A) - approve the assessment;
119 Magnolia Avenue West (J0614A) - approve the assessment;
1005 Matilda Street (J0605E) - delete the assessment;
271 Prescott Street (J0605E) - approve the assessment;
1234 Rice Street (J0612G) - recommendation is forthcoming - laid over to the January 23
Legislative Hearing and February 7 Public Hearings;
825 Sylvan Street (J0605E) - delete the assessment;
1463 Third Street East (J0614A) - reduce the assessment from a total of $518.00 to a total
of $350.00; and
270 Topping Street (J0605E) - approve the assessment.)
Additional addresses:
887 Jenks Avenue (J0614A) - laid over to January 23 Legislative Hearings and February
7 City Council Public Hearings;
191 Maryland Avenue (J0614A) - laid over to January 23 Legislative Hearings and
February 7 City Council Public Hearings;
1118 Seventh Street East (J0614A) - delete the assessment;
62 Winifred (J0605E) – laid over to the January 23 Legislative Hearing and February 7
Public Hearings
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval of the resolution as amended
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
January 17, 2007 City Council Summary Minutes Page 11
29. Resolution Ratifying Assessment – 07-45 – In the matter of the assessment of benefits,
cost and expenses for demolition of a vacant building at 1515 Carroll Avenue during
October, 2006 (J0606C); boarding up vacant buildings during August, 2006 (J0610B);
summary abatement (property cleanup) from October 2 to October 16, 2006 (J0615A);
providing weekly garbage hauling services from October 3 to October 10, 2006
(J0613G); and towing abandoned vehicles from private property during August, 2006
(J0605V). (GS 3034769) (Legislative Hearing Officer recommends the following:
240 Baker Street East (J0610B) - approve the assessment;
478 Blair Avenue (J0610B) - approve the assessment;
966 Central Avenue West (J0615A) - recommendation is forthcoming approve the
assessment;
80 Grotto Street South (J0605V) - recommendation is forthcoming approve the
assessment;
1717 Hague Avenue (J0615A) - reduce the assessment from a total of $358.00 to a total
of $100.00 and spread the payments over two (2) years;
831 Iglehart Avenue (J0615A) - approve the assessment;
91 Jessamine Avenue West (J0613G) - approve the assessment;
1861 Randolph Avenue (J0615A) - reduce the assessment from a total of $358.00 to a
total of $179.00;
1871 Randolph Avenue (J0615A) - reduce the assessment from a total of $382.00 to a
total of $286.00;
613 Snelling Avenue North (J0610B) - delete the assessment;
1412 Taylor Avenue (J0605V) - recommendation is forthcoming reduce the assessment
from a total of $228 to a total of $114;
344 Wheelock Parkway East (J0615A) - approve the assessment;
899 Western Avenue North (J0615A) - delete the assessment; and
1606/1608 Woodbridge Street (J0615A) - approve the assessment.)
Additional address:
1132 Central Avenue (J0615A) - laid over to the January 23 Legislative Hearings and
February 7 City Council Public Hearings;
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval of the resolution as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
January 17, 2007 City Council Summary Minutes Page 12
Councilmember Thune moved to adjourn the meeting. Yeas – 7 Nays – 0
ADJOURNED at 6:22 P.M.
ATTEST:
_____________________________ _____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___February 7, 2007 ________
Pattie Kelley Minutes approved by Council