Minutes 7-16-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 16, 2008 - 3:30 p.m.
PUBLIC HEARINGS – 5:30 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Note: All City Council meetings are on the City of Saint Paul’s website. Meetings can be viewed in their entirety or
a specific item can be viewed. Visit our website at www.stpaul.gov/council and click on Watch the Live Webcast.
The meeting was called to order by Council President Lantry at 3:30 p.m.
Present – 5 – Carter, Bostrom, Helgen, Lantry, Stark, Thune
Absent – 2 – Harris (excused); Thune (arrived after roll call)
CONSENT AGENDA (Items 1 - 23)
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.
Councilmember Helgen requested Item 21 be removed for discussion.
Councilmember Stark moved approval of the consent agenda as amended.
Yeas – 6 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Steven H. Alms, Mickey L. Fugate, Patty J. Johnson, Kip A. McClellan,
(attorney for Alayna Albrecht-Payton and Danielle Albrecht), Jane M. Peterson, and
David V. Power.
Referred to Risk Management
2. Summons and Complaint in the matter of Michael Hugh Kelly vs. the City of Saint Paul,
et al.
Referred to the City Attorney’s Office
3. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on August 6, 2008 to consider the petition of Grand Hill,
LLC to vacate right-of-way abutting the property at 333 Grand Avenue in order to make
title work consistent with property usage.
July 16, 2008 City Council Summary Minutes Page 2
4. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on August 6, 2008 to consider the petition of Oppidan,
Inc. (for Cub Foods) to vacate Geranium Avenue right-of-way west of Clarence Street to
the existing dead-end in order to accommodate redevelopment.
5. Letter from the Department of Safety and Inspections announcing a public hearing before
the City Council on August 6, 2008 to consider the appeal of David Oslund, for the estate
of Gladys M. Wilcox, to a decision of the Board of Zoning Appeals denying an appeal of
a determination of the Zoning Administrator that the property at 1508-1514 Portland
Avenue was illegally subdivided. [ZF 08-111381]
6. Letters from the Department of Safety and Inspections declaring 748 Desoto Street. 1111
McLean Avenue, and 595 Sims Avenue as nuisance properties, and setting date of
Legislative Hearings for August 26, 2008 and City Council Public Hearings for
September 17, 2008.
7. Letter from the Office of the City Attorney announcing an administrative hearing on July
23, 2008 at 9:30 a.m. in Room 41 City Hall/Courthouse, 15 West Kellogg Boulevard
concerning all licenses held by Grand American Restaurant Company, d/b/a The Wild
Onion, 788 Grand Avenue.
Administrative hearing was canceled for July 23 and will be rescheduled.
FOR ACTION
8. Resolution – 08-720 – Approving the May 1, 2008 through April 30, 2011 Maintenance
Labor Agreement between the City of Saint Paul and the Sheet Metal Workers
International Association, Local 10. (Laid over from July 9 for adoption)
Adopted Yeas – 6 Nays – 0
9. Resolution – 08-737 – Accepting a contribution in the amount of $75,000.00 from the
Travelers Foundation in support of the Mayor’s Post Secondary Preparedness Initiative.
Adopted Yeas – 6 Nays – 0
10. Resolution – 08-738 – Approving the design of the standard skyway overhead backlit
directional signs.
Adopted Yeas – 6 Nays – 0
11. Resolution – 08-739 – Approving outside counsel to represent the City of Saint Paul
against Merrill Lynch.
Adopted Yeas – 6 Nays – 0
July 16, 2008 City Council Summary Minutes Page 3
12. Resolution – 08-740 – Authorizing the Division of Parks and Recreation to accept a
donation of play equipment and installation by Landscape Structures, Inc. for the Martin
Luther King Recreation Center.
Adopted Yeas – 6 Nays – 0
13. Resolution – 08-741 – Approving the application with conditions, per the Legislative
Hearing Officer, for Dance or Rental Halls and Restaurant (B)-13 to 50 Seats licenses for
Eritrean Community Center of Minnesota, 1035 University Avenue West.
Adopted Yeas – 6 Nays – 0
14. Resolution – 08-742 – Memorializing City Council action taken June 4, 2008 granting 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]
Adopted Yeas – 6 Nays – 0
15. Resolution – 08-743 – Identifying the need for Livable Communities Demonstration
Account Funding and authorizing applications for grant funds.
Adopted Yeas – 6 Nays – 0
16. Resolution – 08-744 – Approving the Victoria Park Master Plan Modification for
Mississippi Market.
Adopted Yeas – 6 Nays – 0
17. Resolution – 08-745 – Authorizing the Police Department to enter into an agreement with
the Minnesota State Agricultural Society to provide services for the State Fair.
Adopted Yeas – 6 Nays – 0
18. Resolution – 08-746 – Authorizing the Police Department to enter into an amendment to
an agreement with the State of Minnesota for the Gang Strike Force. (GS 3055483)
Adopted Yeas – 6 Nays – 0
19. Resolution – 08-747 – Authorizing the Police Department to enter into a Joint Powers
Agreement with the State of Minnesota for upgraded Identification Based Information
System Remote Data Terminals (IBIS RDT4).
Adopted Yeas – 6 Nays – 0
20. Resolution – 08-748 – Authorizing the Police Department to enter into an agreement with
the United States Department of Justice, Organized Crime Drug Enforcement Task Force.
Adopted Yeas – 6 Nays – 0
July 16, 2008 City Council Summary Minutes Page 4
21. Resolution – 08-749 – Adopting the City of Saint Paul’s June 2008 Stormwater Permit
Annual Report as required by the City’s federally mandated stormwater discharge permit.
(Discussed after the consent agenda)
22. Resolution – 08-750 – Entering into an agreement with the State of Minnesota,
Department of Transportation to revise an existing traffic control signal and signing on
Trunk Highway No. 5 (West 7th Street) at St. Paul Avenue.
Adopted Yeas – 6 Nays – 0
23. Resolution – 08-751 –Approving a 2008 special law that allows the Housing and
Redevelopment Authority (HRA) to create a new Tax Increment Financing (TIF) district
to benefit the RiverCentre complex. (Companion to Item 26)
Adopted Yeas – 6 Nays – 0
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21. Resolution – 08-749 – Adopting the City of Saint Paul’s June 2008 Stormwater Permit
Annual Report as required by the City’s federally mandated stormwater discharge permit.
Councilmember Helgen said this was a substantial permitting process and requested a
staff report on the stormwater permit and how concerns brought up by the Watershed
District were addressed.
Anne Weber, Department of Public Works, responded that this permit is being re-
negotiated with the Minnesota Pollution Control Agency (PCA) this year, each of the
permit requirements will be re-evaluated with them, and there will be public comment.
Capitol Region Watershed District staff were at the public meeting and a lot of their
issues were discussed at that time. They also submitted comments and responses by city
staff were given.
Helgen said it appears there are a few items that may have budget impact that might not
be able to be done, but there are also some good management practices and things around
storm water, rain barrel, and other activities that the Watershed District is doing.
Weber responded that most of what they’re doing is through partnerships with the
Watershed District and other entities. The large budget impacts would be street sweeping
and catch basin cleaning, and staff will be talking to the (PCA) about these. The current
requirements are that residential streets must be swept in the spring and the fall. There
are 26,000 catch basins and if the cleaning of those was increased, it would be a major
budget impact.
July 16, 2008 City Council Summary Minutes Page 5
Councilmember Stark moved approval.
Adopted Yeas – 6 Nays – 0
FOR DISCUSSION
24. Resolution – 08-164 – Ordering the owner to remove the building(s) at 314 Bates Avenue
within fifteen (15) days from adoption of resolution. (Public hearing held February 20;
laid over March 19 and May 21) (Legislative Hearing Officer recommends approval)
Council President Lantry moved to lay over, one month.
Referred back to the July 29 Legislative Hearing and August 20 Council Public Hearing
(per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
Suspension Item:
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0
Resolution – 08-758 – Waiving the 45-day notice requirement and granting on-sale liquor
(191-290 seats) and Sunday on-sale liquor licenses to Taher Restaurant Acquisitions, Inc.,
d/b/a Forepaugh’s, 276 South Exchange Street.
Thune moved approval.
Adopted Yeas – 6 Nays – 0
Recalled Item:
Council President Lantry moved to recall the following ordinance which was adopted on July 9:
Final Adoption – 08-631 – An ordinance amending Chapter 376 of the Saint Paul
Legislative Code to change taxicab fares.
Recalled, amended, and laid over to July 23 for final adoption Yeas – 7 Nays – 0
The meeting was recessed from 3:45 p.m. to 5:30 p.m.
Present – 4 Absent – 3 (Harris, excused; Bostrom, Thune – arrived later in the meeting)
July 16, 2008 City Council Summary Minutes Page 6
ORDINANCES
None
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.
PUBLIC HEARINGS
25. Third 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.
No one appeared in opposition; Councilmember Stark moved to close the public hearing
Yeas – 4 Nays – 0 (Bostrom, Thune not present)
Laid over to July 23 for final adoption
26. Resolution – 08-752 – Establishing a Tax Increment Financing (TIF) District (2009-2023)
(Downtown and Seventh Place) for the Minnesota Event District; adopting a Tax
Increment Financing Plan; and approving a Tax Increment Agreement with Ramsey
County. (Companion to Item 23)
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval. Adopted Yeas – 4 Nays – 0 (Bostrom, Thune not present)
27. Resolution – 08-753 – Approving the application of Lightning Run/MN Medical
Foundation., represented by Valerie Petermann, Associate Director, and Gregg Anderson,
Site Director, for a sound level variance in order to present live music, with limitations,
from 6:00 p.m. to 10:00 p.m. on July 25, 2008 and 8:00 a.m. to 6:00 p.m. on July 26,
2008 at Summit Brewing Company, 909 Montreal Circle.
Greg Anderson, applicant, appeared and talked about the event.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Adopted Yeas – 6 Nays – 0
28. Resolution – 08-754 – Approving the application of McGough Construction, represented
by Dave McLauglin, Project Manager, for a sound level variance in order to operate
general construction/rock excavation/demolition equipment and domestic power tools,
from 7:00 a.m. to 10:00 p.m. Mondays through Fridays and 7:00 a.m. to 5:00 p.m. on
July 16, 2008 City Council Summary Minutes Page 7
Saturdays from July 15, 2008 to December 20, 2010 at 333 Smith Avenue North.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Adopted Yeas – 6 Nays – 0
29. Resolution – 08-755 – Approving the application of O’Gara Bar & Grill, Inc., represented
by Dan O’Gara, Owner, for a sound level variance in order to present live music, with
limitations, from 4:00 p.m. to 10:00 p.m. on August 31 and September 1-5, 2008 at 164
Snelling Avenue North.
Dan O’Gara appeared and spoke about the event.
No one appeared in opposition; Councilmember Stark moved to close the public hearing
and approval. Adopted Yeas – 6 Nays – 0
30. Resolution – 08-756 – Approving 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]
Withdrawn at the request of the petitioner
31. Resolution – 08-757 – Approving the Amendment of the Tax Increment Financing Plan
for Phalen Village Tax Increment Financing District.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval. Adopted Yeas – 6 Nays – 0
32. Resolution – 08-759 – Establishing “No Parking, 11:00 a.m. to 2:00 a.m., Except by
Permit, Area 9” on the east side of Victoria Street from Goodrich Avenue to Fairmount
Avenue.
Linda Murphy, Public Works/Traffic, displayed a map of the area and pointed out the
area of the proposed no parking. She noted that there already is currently no parking on
the west side of Victoria and there is a lot of congestion on the east side of Victoria. The
petition was submitted by the condo owners who live on the southeast corner of Goodrich
and Victoria, and a person who resides on the west side of Victoria also signed the
petition. Nine out of eleven possible (81%) signed the petition. There were two calls to
the Summit Hill District Council in opposition. One was from the property owner at the
northeast corner of Fairmount and Victoria, and the other was a couple houses down on
Fairmount.
Brian Alton, 845 Fairmount Avenue, appeared and indicated he had a petition in
opposition signed by 14 property owners in the surrounding Fairmount Avenue area. He
July 16, 2008 City Council Summary Minutes Page 8
said there is no evidence that parking spaces on Victoria in the proposed new area are
being used by non-residents and, therefore, does not feel permit parking is necessary. It
will cause inconvenience for the residents, some of whom will not be able to park there.
As a business owner on Grand Avenue, he feels that any expansion of permit parking and
the inhospitable nature of it deters customers from coming to the area.
Kathy Curran, owner of a condominium at 126 S. Victoria and president of the condo
association, said that all of their owners are in support of permit parking. Grand Avenue
business owners and employees park on the street and there is often disruptions and noise.
Elizabeth Curran, resident of the Victoria Commons Association, said she often cannot
find parking on her street. Also, employees of Grand Avenue businesses who park on the
street often go to their cars on their work breaks and they are noisy.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
Councilmember Thune expressed surprise that someone would be in opposition to the
permit parking. Further, he did not see that it would harm anyone because if there are
parking spaces available, it won’t force people to park elsewhere. He noted that people
who live in condos are also homeowners and they need support as well.
Thune moved approval.
Adopted Yeas – 6 Nays – 0
33. Resolution – 08-760 – Accepting contamination cleanup grants from DEED and the
Metropolitan Council for the Winnipeg, Schmidt Brewery Phase 1, Carleton Lofts Phase
II, Commerce Building Phase II, and Renaissance Box sites.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays – 0 (Thune not present)
34. Resolution – 08-761 – Approving adverse action against the Cigarette/Tobacco license
held by Tala Tobacco Shop, Inc., 279 McKnight Road South. (GS 3055450)
Rachael Tierney, Assistant City Attorney, stated that a single cigarette was sold at this
business on May 15, 2008 to an undercover police officer. The recommendation from the
Department of Safety and Inspections is a matrix penalty of $500.00.
No one appeared in opposition; Council President Lantry moved to close the public
hearing and approval. Adopted Yeas – 6 Nays – 0
July 16, 2008 City Council Summary Minutes Page 9
Suspension Item:
Councilmember Stark moved suspension of the rules to introduce the following resolution:
Yeas – 4 Nays – 0 (Bostrom, Thune not present)
Resolution – 08-777 – Waiving the 45-day notice requirement and granting Wine on-sale
and Malt on-sale (strong) licenses to Taste of Thailand Restaurant, Inc., 1671 Selby
Avenue.
Stark moved approval.
Adopted Yeas – 4 Nays – 0 (Bostrom, Thune not present)
35. Resolution – 08-762 – Approving adverse action against all licenses held by Selam
Restaurant, Inc., d/b/a Flamingo, 490 Syndicate Street North.
Rachael Tierney, Assistant City Attorney, stated this is an adverse action for selling
alcohol after a lapse in liquor liability coverage. The coverage lapsed on February 21,
2008. On May 3, 2008, St. Paul police officers went into the establishment and observed
that wine and beer were being served after the lapse of coverage. The matrix penalty is a
ten-day closure which is the recommendation of the Department of Safety and
Inspections.
The owner, and an unidentified employee, of the restaurant appeared and explained there
was a misunderstanding between him and others which resulted in the lapse in coverage.
He requested some leniency from the Council.
Councilmember Stark moved to close the public hearing. Yeas – 6 Nays – 0
Stark said this is a very serious violation and moved approval.
Adopted Yeas – 6 Nays – 0
36. Public hearing to consider the report of the Administrative Law Judge (ALJ) concerning
adverse action against all licenses held by International Network Association, Inc., d/b/a
Luxor Lounge, 719 Dale Street North.
Rachael Tierney, Assistant City Attorney, said this matter involved the return of an ALJ
report for the above establishment. The dates of the violations are September 26, 29 and
30, 2007. The allegations in the notice of violation include a general allegation of a
failure to manage the premise in a responsible manner which essentially causes a
nuisance. The notice of violation was sent on December 13, 2007. The allegation is that
people were still entering the bar after 2:00 a.m. and the bar didn’t even begin to empty
out until 2:45 a.m. There were fights and noise in the parking lot, public urination, and
July 16, 2008 City Council Summary Minutes Page 10
neighbors were subject to constant noise and other disturbances. There was a failure to
have security in their parking lot as required by their license condition, they served after
2:00 a.m., and it was found that liquor was leaving the establishment.
Luxor requested a hearing before an Administrative Law Judge (ALJ), and that was held
on May 16, 2008. The ALJ issued a report on June 9, 2008 and found that all of the
allegations in the notice of violation had been proven.
The recommendation of the Department of Safety and Inspections is a $1,000 fine plus
additional license conditions which Ms. Tierney read.
Councilmember Helgen asked if there was a reason they were not recommending
revocation of the 2:00 a.m. closing time. Ms. Tierney said there was not a reason other
than the notice of violation was filed quite some time before the 2:00 a.m. discussion
began. If Council feels it’s an appropriate penalty, she suggested it would be relevant
given the facts of the case.
Testimony was taken from Diem Nguyen, husband of the license holder, who spoke at
length about the incidents and the charges.
Councilmember Carter moved to close the public hearing. Yeas – 6 Nays – 0
Carter asked Ms. Tierney about revoking the 2:00 a.m. license. Ms. Tierney responded
that it was not part of the original staff recommendation, it wasn’t a recommendation staff
made in their notice of violation and it is their policy not to change their recommendation
after they have sent notice. Licensees are informed that Council is free to set a penalty as
they see fit. If Council decides to revoke the 2:00 a.m. license, she encouraged that a
time limit be put on it.
Carter said these are very serious concerns that have been substantiated by an ALJ as
truth, and it is a challenge presented to the community and the neighborhoods.
Carter moved to adopt the Findings of Fact, Conclusions of Law, and Recommendation
of the Administrative Law Judge. ($1,000.00 fine imposed, ten (10) day closure, and
2:00 a.m. license suspended until the next renewal date.) Yeas – 6 Nays – 0
Items 37 through 45 were explained by Councilmember Thune. A staff report was presented by
Peg Fuller, Department of Safety and Inspections, on each skyway and testimony was taken on
each address. (Resolutions memorializing action taken on these items appeared on the July 23
City Council agenda)
37. Public hearing to consider the request of CB Richard Ellis, Inc. (Betsy George), 7760
July 16, 2008 City Council Summary Minutes Page 11
France Avenue South, Suite 770, Bloomington, MN for an exception to general hours of
operation for Skyway #08 which crosses over Robert Street between 7th Place and 7th
Street and connects to The Golden Rule Building.
Testimony was taken and Councilmember Thune moved to close the public hearing
Yeas – 6 Nays – 0
Councilmember Thune moved to grant the request.
Request granted Yeas – 6 Nays – 0
38. Public hearing to consider the request of Grubb & Ellis Management Services, Inc.
(Maureen Smith), 190 East 5th Street, Suite 250, for an exception to general hours of
operation for Skyway #26 and #36 which cross over 4th Street and 5th Street and connect
Sibley Square to Galtier Plaza.
Testimony was taken and Councilmember Thune moved to close the public hearing
Yeas – 6 Nays – 0
Councilmember Thune moved to grant the request.
Request granted Yeas – 6 Nays – 0
39. Public hearing to consider the request of Commercial Real Estate Services, Inc. (Pat
Wolf), 85 East 7th Place, Suite 200, for an exception to general hours of operation for
Skyway #05, #08, and #09 which cross over Robert Street between 7th Place and 7th Street
and connect with Metro Square, Robert Street Ramp, and the 401 Building.
Testimony was taken and Councilmember Thune moved to close the public hearing
Yeas – 6 Nays – 0
Councilmember Thune moved to grant the request.
Request granted Yeas – 5 Nays – 1 (Bostrom)
40. Public hearing to consider the request of Macy’s (Sherri Eriksrud), 411 Cedar Street, for
an exception to general hours of operation for Skyway #16 which crosses over 6th Street
and connects Ecolab to Wells Fargo Place.
No one appeared to testify; Councilmember Thune moved to close the public hearing
Yeas – 6 Nays – 0
Councilmember Thune moved to grant the request.
Request granted Yeas – 6 Nays – 0
July 16, 2008 City Council Summary Minutes Page 12
41. Public hearing to consider the request of McCollough Companies (Barb Lenahan), 413
Wacouta Street, Suite 220, for an exception to general hours of operation for Skyway #55
which crosses over a private parking lot and connects with 413 Wacouta Street.
No one appeared to testify; Councilmember Thune moved to close the public hearing
Yeas – 6 Nays – 0
Councilmember Thune moved to grant the request.
Request granted Yeas – 6 Nays – 0
42. Public hearing to consider the request of Minnesota Children’s Museum (Carol D.
Aegerter), 10 West 7th Street, for an exception to general hours of operation for Skyway
#06 which crosses over Wabasha Street and connects the Minnesota Children’s Museum
to Wells Fargo Place.
No one appeared to testify; Councilmember Thune moved to grant the request.
Request granted Yeas – 6 Nays – 0
43. Public hearing to consider the request of St. Joseph’s Hospital – HealthEast Care System
(Chris Laird), 69 West Exchange Street, for an exception to general hours of operation for
Skyway #01 which crosses over St. Peter Street and connects St. Joseph’s Hospital to the
Gallery Medical Building.
No one appeared to testify; Councilmember Thune moved to grant the request.
Request granted Yeas – 6 Nays – 0
44. Public hearing to consider the request of St. Paul City Hall/Ramsey County Courthouse
(Mehrshad Parsakalleh), for an exception to general hours of operation for Skyway #32
which crosses over 4th Street and connects the St. Paul City Hall/Ramsey County
Courthouse and the St. Paul City Hall Annex.
Testimony was taken and Councilmember Thune moved to close the public hearing
Request granted Yeas – 6 Nays – 0
45. Public hearing to consider the request of Warren E. Burger United States Courthouse
(Cha You), 316 North Robert Street, for an exception to general hours of operation for
Skyway #35 which crosses over Fourth Street and connects the Warren E. Burger United
States Courthouse to the Pioneer Endicott Building.
No one appeared to testify; Councilmember Thune moved to close the public hearing
Yeas – 6 Nays – 0
July 16, 2008 City Council Summary Minutes Page 13
Request granted Yeas – 6 Nays – 0
46. Final Order – 08-763 – In the matter of acquiring property rights needed for right-of-way
purposes and temporary construction easements for the public purpose of the
reconstruction of Payne Avenue between Bush Avenue and Edgerton Street. [File No.
AE2008-8]
Mike Klassen, Department of Public Works, said he worked with the Railroad Island
Task Force on the Payne Avenue project. There are two ends of the project – north of
Phalen Boulevard, and from Phalen Boulevard to East 7th Street. Phase I of the project is
the City-owned portion of the segment from Edgerton to Bush, south of the railroad
bridge. In working with the Task Force, the issues that were presented were that it’s a
very cold, stark auto-oriented environment and is not good for a biking and pedestrian
environment as well as the value and softness of the area as a whole. The Task force was
looking to calm traffic. They have come up with a way to put the bumpouts at the non-
signalized corners and add signalized corners when they can to try and reduce bad
crossings. They are considering putting in boulevards with sod instead of concrete where
possible, trees up and down both sides of the roadway, and taking some of the middle
turn lanes where they are not needed and put in a grass median which would be a traffic
calming device. The specifics for property acquisition are right at the intersection of
Minnehaha and Payne Avenues and involve the properties along the west side, a small
strip on the north, and a triangle in the corner. There is a disconnect because of the lane
alignments when going either northbound or southbound across Minnehaha on Payne.
and issues with accidents. The opportunity to reconstruct this street allowed them to look
at an alignment that would make the lane transitions work a little smoother so, for that to
work, the road needed to be moved a little to the west which then required having to take
a little triangle from the Marathon station and some HRA property.
Bruce Engelbrekt, Public Works, appeared and noted that this item is for the acquisition
of the right-of-way and the next item is for improving the project and for assessments that
go along with it. They will then follow up with ratifying the assessments after the work is
done. In this case, there is a permanent easement for the HRA property that is a small
piece on the northwest corner of Payne and Minnehaha and a larger portion, about 400 sq.
ft., on the corner at the Marathon Gas Station. There are some temporary easements and
a likely reorientation of a garage that is associated with a house at 587 Beaumont.
Jim O’Neill, 7505 Metro Boulevard, Edina, representing the real estate interests of the
owners of the Marathon Station, said the improvements make sense to the City and
possibly the overall public good, but it has a detrimental effect on his client by taking a
portion of the corner and also closing the two main egress and ingress entrances to their
property. This will make it functionally and economically obsolete and have a
tremendous adverse effect on their business. The only way clients will be able to access
July 16, 2008 City Council Summary Minutes Page 14
the property will be from Minnehaha. If this is approved, his client will be petitioning the
Council to acquire their property.
Councilmember Bostrom moved to close the public hearing. Yeas – 6 Nays – 0
Bostrom moved approval and said they will work with Public Works on the ingress and
egress issues.
Adopted Yeas – 6 Nays – 0
47. Final Order – 08-764 – In the matter of improving Payne Avenue from Edgerton Street to
Bush Avenue by reconstructing the street with a new bituminous surface, replacing
deteriorated sidewalks, installing bumpouts, planting center medians (where possible),
sodding boulevards and planting trees, and replacing the existing lighting with an above
standard twin-arm lantern lighting system. [File No. 19062, 19062C, 19063]
Appear ing in opposition:
Terry Stolarski, business owner at 694 Payne Avenue, said he sees this project as all the
problems that have been noted about the hub … no parking, snow removal problems, “a
big chunk of concrete” going down the middle of the road which will cause problems
which they never had before. He foresees parking problems, rush-hour problems when
four lanes of traffic will be brought down to two, and there may be problems with fire
trucks not being able to get through. He is losing three driveways so to get to his
property, cars will have to go down a block, turn around, and come back. He feels
business loss will be enormous.
Carol Clenbenen, 611 Beaumont, said she has watched many accidents but not many
since Payne was widened. There is no way off of Edgerton to get onto the corridor. The
only on and off is on Payne Avenue. If the area is tightened, there’s going to be trouble
and problems with police cars, ambulances, and fire trucks. Space is being taken to plant
trees, etc. that are not needed.
David Poepner, owner of A Plus Appliance, 747 Payne Avenue and 760 Payne Avenue,
said if a center median is put in, he will lose a building dock area because he will not be
able to back a semi in. He already has difficulty getting out of his parking lot during rush
hour. He called it a poor project.
Jerry Schaefer, Jerry’s Roses, 695 Payne Avenue, said he first heard about this project in
mid-May. One of his main turn-ins to his business would be cut off with this proposal
and would put him out of business for an entire season. He feels at the end of the project,
businesses will be worse off than they are now. Emergency vehicles travel the route daily
down the middle of the road where the trees and grass would be. He asked that the
July 16, 2008 City Council Summary Minutes Page 15
project be reconsidered saying it has been poorly planned.
Larry Neuman, building owner at 751 Payne Avenue, said he has about 135 feet of
frontage on Payne. He is recently retired and a good portion of his income is from the
rental of this building. He would be concerned about snow removal.
Tom Labey, co-owner of A Plus Appliance, 747 and 760 Payne Avenue, said they have
been in business at this location since 1990 and have 265 feet of property. This is bad
timing economically for the business. In the winter there is already a problem with traffic
and parking.
Appearing in support:
Linda Arnesen, 576 Payne Avenue, Chair of the Railroad Island Task Force, said that the
Task Force has been working hard trying to improve their community. They recently
revised their Small Area Plan which was approved by the Council. In that plan they had
visions of doing projects to revitalize the neighborhood. One of the visions is to make it
a safer place for pedestrians as well as an attractive and vibrant community. Payne
Avenue has not been paved since 1933. The Task Force feels this is a critical project to
turning Payne Avenue around.
Mary Brauer, 580 Payne Avenue, Chair of the Railroad Island Task Force Streetscape
Committee, said they have been working with city staff for some time to try to reach their
goal of revitalizing Payne Avenue, which is the main street for Railroad Island and the
gateway to their community. It is a rundown street and they would like to begin the
process of revitalization by the reconstruction of this important gateway. Medians, green
space, and street lighting are important components but the general reconstruction is also
a component. They have business owners on the Task Force as well as homeowners and
renters. They have tried to consider the needs of businesses.
Gary Bobb, 584 Payne Avenue, said it’s been about 75 years since Payne Avenue was
resurfaced and they would like to see this done. Most studies have found that cutting
down the number of traffic lanes actually improves traffic flow. Hopefully they are
moving to a pedestrian cycle and that needs to be taken into consideration. It’s important
to keep Payne Avenue alive and improve it for the businesses, homeowners, renters,
pedestrians, and passersby.
Gunilla Bobb, 584 Payne Avenue, said she and her husband got involved with the task
force and they have worked hard to include the businesses and they are surprised that the
businesses have not got involved or shown interest in the work the Task Force has done.
Bostrom moved to close the public hearing. Yeas – 6 Nays – 0
July 16, 2008 City Council Summary Minutes Page 16
Bostrom stated that the business owners are the ones who will be most affected. The
island in the middle is a big issue because it will create problems with turns into their
businesses. They have been trying for a long time to get more businesses on Payne
Avenue and to have them be successful. The last thing he would want to do is make it
more difficult for people to get in and out of those businesses.
Bostrom moved to lay over for three week for further discussions. Lantry added that they
could hold a joint meeting with business owners and try to reach a compromise.
Laid over to August 6 Yeas – 6 Nays – 0
48. Resolution – 08-716 – Ordering the owner to remove or repair the property at 616 Wells
Street within fifteen (15) days from adoption of resolution. [Public hearing continued
from July 2] (Legislative Hearing Officer recommends removing or repairing the
building within thirty [30] days)
Todd Noteboom, Attorney with Leonard Street & Deinard, representing JP Morgan
Chase the servicer on the loan, appeared. He said Chase represents the interests of the
owner of this property. Chase opposes the 30-day recommendation and asked for 60 days
to actively market the property and sell it to a buyer who is committed to rehabilitating it.
Chase will accept responsibility for demolishing the property within 75 days from this
date if they cannot sell the property to someone committed to rehabbing it consistent with
their proposal. Chase is committed to the St. Paul community, etc. and he talked about
the way Chase markets properties after they become bank-owned. The unpaid balance on
this loan is over $100,000 and they are currently listing it at $33,000.
Councilmember Helgen asked why Chase didn’t work with the owner of the property if
they are willing to lower the price so drastically. Noteboom responded that after this
property went through foreclosure in late 2007, Chase was in communications with the
City. In March, Chase was directed to appear at a hearing, there was not quick action
taken by his client in response to that and several weeks passed without action being
taken. Once it was brought to the attention of Chase, they have taken action. The
abatement orders have been complied with, he has seen photos and has reviewed them
with Ms. Moermond. After a good discussion with her, she invited him to appear before
the Council to talk about the 60-day proposal.
Discussion ensued. Councilmember Bostrom said if they can come up with something
between now and 30 days, it will be looked at.
Bostrom moved approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
July 16, 2008 City Council Summary Minutes Page 17
(Items 51, 52, 53, 57 & 58 were discussed after item 48)
49. Resolution – 08-765 – Ordering the owner to remove or repair the building(s) at 23 Acker
Street West within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer’s recommendation is forthcoming; Legislative Hearing Officer recommends
granting one hundred-eighty (180) days to remove or repair the building)
Nhia Vang, representing Marcia Moermond, Legislative Hearing Officer (LHO), stated
that all the conditions have been met and the LHO recommended granting 180 days for
remove or repair.
No one appeared in opposition; Councilmember Helgen 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 Bostrom not presend
50. Resolution – 08-766 – Ordering the owner to remove the building(s) at 547
Charles Avenue within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer recommends approval)
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted Yeas – 5 Nays – 0 (Bostrom not present)
51. Resolution – 08-767 – Ordering the owner to remove or repair the building(s) at 651
Hawthorne Avenue East within fifteen (15) days from adoption of resolution.
Legislative Hearing Officer’s recommendation is forthcoming; Legislative Hearing
Officer recommends referring back to the July 29 Legislative Hearing and continuing the
Council Public Hearing to August 6)
Nhia Vang, representing Marcia Moermond, Legislative Hearing Officer (LHO), reported
that the LHO requested a layover as noted above.
No one appeared in opposition; Councilmember Bostrom moved to continue the public
hearing to August 6.
Referred back to the July 29, 2008 Legislative Hearing and City Council public hearing
continued to August 6 Yeas – 4 Nays – 0 (Carter and Thune not present)
52. Resolution – 08-768 – Ordering the owner to remove or repair the building(s) at 707
Hawthorne Avenue East within fifteen (15) days from adoption of resolution.
July 16, 2008 City Council Summary Minutes Page 18
(Legislative Hearing Officer’s recommendation is forthcoming; Legislative Hearing
Officer recommends referring back to the August 12 Legislative Hearing and continuing
the Council Public Hearing to August 20)
Nhia Vang, representing Legislative Hearing Officer Moermond, requested that the public
hearing be continued to August 20.
No one appeared in opposition; Councilmember Bostrom moved to continue the public
hearing to August 20.
Public hearing continued to August 20
Yeas – 4 Nays – 0 (Carter and Thune not present)
53. Resolution – 08-769 – Ordering the owner to remove or repair the building(s) at 714
Hawthorne Avenue East within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer’s recommendation is forthcoming; Legislative Hearing
Officer recommends the building be removed within fifteen (15) days with no option for
repair)
Nhia Vang, representing Legislative Hearing Officer Moermond, said that none of the
conditions have been met; therefore, Ms. Moermond recommended removal within 15
days with no option for repair.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
(Items 57 and 58 were taken up at this time)
54. Resolution – 08-770 – Ordering the owner to remove the building(s) at 326 Robie Street
East within fifteen (15) 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 (Bostrom not present)
55. Resolution – 08-771 – Ordering the owner to remove the building(s) at 261-263
Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer recommends approval)
No one appeared in opposition; Councilmember Carter moved to close the public hearing
July 16, 2008 City Council Summary Minutes Page 19
and approval.
Adopted Yeas – 5 Nays – 0 (Bostrom not present)
56. Resolution – 08-772 – Ordering the owner to remove or repair the building(s) at 500
Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer’s recommendation is forthcoming; Legislative Hearing Officer
recommends referring back to the July 29 Legislative Hearing and continuing the Council
Public Hearing to August 6)
Nhia Vang, representing Marcia Moermond, Legislative Hearing Officer (LHO), stated
that the LHO requested the public hearing be continued to August t.
No one appeared in opposition; Councilmember Carter moved to continue the public
hearing to August 6.
Public hearing continued to August 6 Yeas – 5 Nays – 0 (Bostrom not present)
57. Resolution – 08-773 – Ordering the owner to remove or repair the building(s) at 650 Sims
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer’s recommendation is forthcoming; Legislative Hearing Officer recommends
granting one hundred-eighty (180) days to remove or repair the building)
Nhia Vang, representing Marcia Moermond, Legislative Hearing Officer (LHO), reported
that all the conditions have been met and the LHO recommended granting 180 days to
remove or repair.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 4 Nays – 0 (Carter and Thune not present)
58. Resolution – 08-774 – Ordering the owner to remove or repair the building(s) at 696 Sims
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer’s recommendation is forthcoming; recommends removing or repairing within
fifteen (15) days)
Nhia Vang, representing Marcia Moermond, Legislative Hearing Officer (LHO), reported
that none of the conditions have been met and Moermond recommended approval of the
resolution.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 4 Nays – 0 (Carter and Thune not present)
July 16, 2008 City Council Summary Minutes Page 20
59. Resolution Ratifying Assessment – 08-775 – In the matter of the assessment of benefits,
cost, and expenses for emergency boarding and securing, and boarding vacant building at
74 Wood Street in January 2008. [J0801B1] [Laid over from July 2] (Legislative Hearing
Officer recommends deleting the assessment)
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
Yeas – 5 Nays – 0 (Bostrom not present)
60. Resolution Ratifying Assessment – 08-776 – In the matter of the assessment of benefits,
cost, and expenses for boarding-up vacant buildings during March 2008 [J0802B],
property cleanup on private properties during April 23 to May 14, 2008 [J0809G],
providing weekly garbage hauling services during May 7 to 14, 2008 [J0809G], and
removing diseased elm trees from private properties during April 2008 [0804T].
(Legislative Hearing Officer recommends the following:
1222 Albemarle Street (J0809G) – delete the assessment;
215 Belvidere Street East (J0809A) – approve the assessment;
671 Blair Avenue (J0809A) – delete the assessment;
903 Burr Street (J0802B) – approve the assessment;
337 Maria Avenue (J0809A) – reduce the assessment from a total of $386 to a total of
$286;
536 Charles Avenue (J0809A) – laid over to the July 24 Legislative Hearings and the
August 6 Council Public Hearings;
1756 Grand Avenue (J0809A) – approve the assessment; referred back to the July 24
Legislative Hearing and the August 6 City Council public hearings;
96 Jessamine Avenue West (J0809G) – laid over to the July 24 Legislative Hearings and
August 6 Council Public Hearings;
662 Minnehaha Avenue West (J0809A) – laid over to the July 24 Legislative Hearings
and the August 6 Council Public Hearings;
495 Stryker Avenue (J0809A) – approve the assessment; and
614 Thomas Avenue (J0809G) – approve the assessment.)
Nhia Vang, representing Marcia Moermond, Legislative Hearing Officer, (LHO) noted a
change to 1756 Grand Avenue and the addition of the following addresses.
288 Erie Street (J0809A) – referred back to the July 24 Legislative Hearing and the
August 6 Council Public Hearing;
394 Lafond Avenue (J0809A) – referred back to the July 24 Legislative Hearing and the
August 6 Council Public Hearing.
July 16, 2008 City Council Summary Minutes Page 21
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)
Yeas – 7 Nays – 0
61. Appeal of Marion Pearson to a Condemnation and Order to Vacate for property at 1147
Central Avenue West. [Laid over from July 2] (Legislative Hearing Officer’s
recommendation is forthcoming)
Nhia Vang, representing Marcia Moermond, Legislative Hearing Officer (LHO), said the
power had been turned off at this property on April 30, 2008 and remained off as of this
date. The LHO recommended that the appeal be denied with a vacate date of July 21.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and deny the appeal.
Appeal denied with a vacate date of July 21, 2008
Yeas – 5 Nays – 0 (Bostrom not present)
62. Appeal of Kevin Finley, on behalf of Linda Rax, to a Certificate of Occupancy Deficiency
List, which includes Condemnation, for property at 587 Charles Avenue #2. (Legislative
Hearing Officer recommends denying the appeal and extending the vacate date to July 7)
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and deny the appeal.
Appeal denied Yeas – 5 Nays – 0 (Bostrom not present)
63. Appeal of Lisa Hollingsworth, SMRLS, on behalf of Normal Thomas, to a Certificate of
Occupancy Revocation, which includes Condemnation, for property at 533 Minnehaha
Avenue East. (Legislative Hearing Officer recommends denying the appeal with a vacate
date of Thursday, July 17, 2008 at 9:30 a.m.)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and deny the appeal.
Appeal denied with a vacate date of July 17, 2008 at 9:30 a.m.
Yeas – 5 Nays – 0 (Bostrom not present)
64. Appeal of Jenneh Matthews to a Notice of Condemnation and Order to Vacate for
property at 1036 Minnehaha Avenue West. (Legislative Hearing Officer recommends
denying the appeal; the property is now in compliance and DSI has lifted the
Condemnation)
July 16, 2008 City Council Summary Minutes Page 22
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and deny the appeal.
Appeal denied Yeas – 5 Nays – 0 (Bostrom not present)
Councilmember Carter moved to adjourn the meeting. Yeas – 5 Nays – 0
ADJOURNED at 9:00 P.M.
ATTEST:
_____________________________ __________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: __November 5, 2008________
Mary Erickson Minutes approved by Council