Approved Minutes 10-22-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, October 22, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order by Council President Thune at 3:40 p.m.
Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune
Absent - 0
CONSENT AGENDA
FOR ACTION
Councilmember Megard requested Items #6 and 8 be removed for discussion.
Councilmember Blakey moved approval of the consent agenda as amended. Yeas - 7 Nays - 0
9. Resolution - 97-1284 - Opposing a merger of the City of Saint Paul and Independent School
District #625.
Tim Marx, Deputy Mayor appeared and stated that the manner in which the City and the School
District cooperate is a serious issue for the City. There is an important joint mission to
accomplish, he said. Everything the School District does relates to the City's mission in terms of
community development, housing and public safety and much of what the City does in these areas
affects and relates to the school district's mission. It's critically important to have a close
partnership with them. He said the administration feels that it's important that a broader
discussion be held on the underlying issues and that the City enter into a significant and broad
discussion with the School District and the community about what the relationship between the
School District, the City and the County should be.
Council President Thune stated that the City Council has had a tradition in the past of holding
meetings with the School Board and the City Council would like to join with the Mayor and the
School Board in any discussions.
(This item was voted on as part of the consent agenda)
1. Claims of Richard Cepulonis, Narciso Cohen, Forrest Cournoyer, Julitta Daugherty, Myra Finn,
Sarah Furbeck, Lachandra Gums, Jean Pollock-Halvarson, Kimberly Heille, Rick Jarvis, Wade
Kelvie, Diane LaChapelle, Scott Pollock-Lansing, Hung Tien Nguyen, and Por Doua Vang.
Referred to Employee/Risk Management Division
October 22, 1997, City Council Summary Minutes Page 2
2. Letters from Saint Paul/Fire Division of Code Enforcement declaring 1107 Burns Avenue, 1132
Central Avenue West, 741 Edmund Avenue, 404 Erie Street, 275 Harrison Avenue, and 96 Robie
Street West as nuisance properties, and setting date of Legislative Hearings for November 4,
1997, and City Council Hearings for November 12, 1997.
3. Letter from Saint Paul/Fire Division of Code Enforcement declaring 536 Charles Avenue as
nuisance property. (For notification purposes only; public hearing will be scheduled at a later date
if necessary.)
4. Letter from the Real Estate Division recommending approval of reduction in assessed valuation for
Ramsey County Abatement #AF97-6326 - 202 West 7th Street.
Adopted Yeas - 7 Nays - 0
5. Communication from Saint Paul Animal Control dated October 13, 1997 announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
6. (Discussed after the consent agenda)
7. Resolution - 97-1282 - Suspending licenses held by Coach's Pub, 1192 North Dale Street, for
delinquent taxes owed to the State of Minnesota.
Adopted Yeas - 7 Nays - 0
8. (Discussed after the consent agenda)
9. Resolution - 97-1284 - Opposing a merger of the City of Saint Paul and Independent School
District #625.
Adopted Yeas - 7 Nays - 0
10. Resolution Approving Assessment - 97-1285 - In the matter of condemning and taking a
temporary construction easement for the improvement of Swede Hollow Park, and setting date of
public hearing for November 5, 1997. (File #18862)
Adopted Yeas - 7 Nays - 0
6. Resolution - 97-1281 - Concurring with action taken by the Board of Water Commissioners
establishing the water rates for 1998, and scheduling a public hearing for November 12, 1997.
Councilmember Megard moved to amend the resolution to include language that a public hearing
will be held on November 12, 1998.
Adopted as amended Yeas - 7 Nays - 0
October 22, 1997, City Council Summary Minutes Page 3
8. Resolution - 97-1283 - Accepting and thanking Minnesota Mutual for its contribution of designing
and printing Theft from Auto literature.
Councilmember Megard moved to lay over four weeks due to the discussion that was scheduled at
the Housing and Redevelopment Authority meeting following this City Council meeting.
Laid over to November 19 Yeas - 7 Nays - 0
FOR DISCUSSION
11. Resolution - 97-868 - Adopting the Saint Paul Transportation Policy Plan as a chapter of The Saint
Paul Comprehensive Plan. (Laid over from August 20)
Councilmember Harris moved to lay over to the November 19 policy session.
Yeas - 7 Nays - 0
12. Report from City departments on issuance of code compliance orders for all single family homes
and duplexes that are sold by property owners who annually sell five or more properties within the
City of Saint Paul. (Requested by C.F. 97-762 adopted August 20) (Laid over from September
24)
There was no one present to address this issue; the Council requested that departments provide
information in writing.
13. Resolution - 97-1246 - Establishing policy guidelines for a certificate of occupancy requirement
for non-owner occupied one- and two-unit rental dwellings. (Laid over from October 8)
Councilmember Megard moved to lay over three weeks. (See discussion under Item #20)
Laid over to November 12 Yeas - 7 Nays - 0
14. Resolution - 97-1152 - Establishing the 1998 Residential Street Vitality Program assessment rates.
(Laid over from October 15)
Councilmember Collins stated that this resolution had been laid over because of an issue with sod.
He said typically when there is a problem with sod it involves the time of the year when the sod is
laid and the quality of the sod. He recommended that the resolution be amended to increase the
assessment cost an additional 50 cents per linear foot which could provide additional inspectors for
each project and also provide cash reserve for sod that needs to be replaced. He further asked that
the resolution be amended to increase the assessment cost for sidewalk reconstruction an additional
50 cents so there would be cash reserve for areas that require sodding.
Councilmember Harris said he did not feel there was a need to add inspectors. There are some
problems and he feels the City needs to respond to the people who have had problems. He said he
would like to see the problems corrected and the warranties extended.
October 22, 1997, City Council Summary Minutes Page 4
Phil Byrne, Assistant City Attorney, stated with respect to the assessment, if it relates to the cost
of construction - which would be the inspectors' costs - it is legally supportable. The money
proposed to be set aside as a fund for contingencies and repairs would not be allowed.
Councilmember Megard said she would not support an increase in the assessment and also
expressed concern about extending the warranty because the cost is not known.
(Blakey left during the discussion)
Larry Lueth, Department of Public Works, indicated that a budget line item could be set up for
sod repair as a contract is let every year. Normally when sod is initially laid, the contract covers
the complaints that come in. The issues that cannot be resolved are the ones that come in one or
two years later and the sod is dead. If they proceed with the proposed program, Mr. Lueth said
they will need additional dollars as well as rules to follow for a replacement program. If the
warranty were extended, the contractor would have to extend their watering program which would
be a significant cost. The City paid for the water in 1997.
Councilmember Collins withdrew his amendments.
Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 1 (Harris) (Blakey not present for vote)
(Harris left)
The City Council meeting was recessed for consideration of the Housing and Redevelopment Authority
consent agenda. Present - 5 Absent - 2 (Blakey, Harris)
The City Council meeting was resumed. Present - 5 Absent - 2 (Blakey, Harris)
ORDINANCES
15. Final Adoption - 97-1166 - An ordinance amending the Saint Paul Legislative Code Chapter 166
by adding new sections creating a residential street permit parking district in the Irvine Park
neighborhood. (Amended on October 8)
Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0 (Blakey & Harris not present for vote)
Councilmember Bostrom moved for suspension of the rules and approval of the following companion
resolution to Item #15:
Resolution - 97-1301 - Authorizing the posting of "one hour parking" on the west side of Chestnut
Street from West Seventh Street to Exchange Street.
Adopted Yeas - 5 Nays - 0 (Blakey & Harris not present for vote)
(Harris returned)
October 22, 1997, City Council Summary Minutes Page 5
16. Final Adoption - 97-1167 - An ordinance amending the Saint Paul Legislative Code Chapter 166
by adding new sections creating a residential street permit parking district along Grand Avenue
between Dale Street and Ayd Mill Road.
Councilmember Bostrom moved to amend the ordinance by changing the permit parking time from
two hours to three hours.
Amended and laid over to November 5 for final adoption
Yeas - 6 Nays - 0 (Blakey not present for vote)
17. Final Adoption - 97-1168 - An ordinance granting authority to the Port Authority of the City of
Saint Paul to issue bonds in the principle amount not to exceed $14,650,000 for the redevelopment
and remediation of the Citgo site for Plastics, Inc.
Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
18. Second Reading - 97-1277 - Amending Chapter 27 of the Saint Paul Administrative Code by
adding a Section 27.08 reflecting change in the residency ordinance enforcement resulting from
arbitration award.
Councilmember Megard moved to introduce a substitute ordinance to correct the enacting clause.
Yeas - 6 Nays - 0 (Blakey not present for vote)
Substitute introduced and laid over to November 5 for third reading/public hearing
19. First Reading - 97-1286 - An ordinance amending Ordinance No. 13537, adopted January 31
1967, pertaining to truck routes.
Laid over to October 29 for second reading
The meeting was recessed from 4:25 to 4:40 p.m.
Present - 4 - Bostrom, Harris, Megard, Morton
Absent - 3 - Blakey, Collins (arrived shortly after roll call) Thune
Councilmember Harris chaired the meeting at this time.
PUBLIC HEARINGS
20. Third Reading - 97-1247 - Amending the Saint Paul Legislative Code Sections 33.02 and 33.05 to
update the building code and to require a certificate of occupancy for one-and two-family rental
dwellings which are not occupied by the owner.
Councilmember Megard stated that the purpose of the public hearing was to hear from members of
the public regarding the expansion of the certificate of occupancy program to single and duplex
rental units in the City of St. Paul.
October 22, 1997, City Council Summary Minutes Page 6
Roger Curtis, Mayor's Office, appeared and reported that the Mayor's Office is in support of
bringing single family and duplex housing units up to the housing code. However, they did not
feel that the ordinance adequately addresses the manpower and costs needed. They feel there
would be impacts on other departments by the implementation of the ordinance. They were
concerned that the proposal did not have adequate input from the enforcement staff. He asked that
the Council allow the administration approximately six weeks to review the ordinance and put
together a sound proposal that will address the goals the Council is attempting to reach and
adequately fund.
Tim Fuller, Fire Chief, appeared and said he felt everyone's goal is the same which is safe and
affordable housing. However, they need to look at the resources necessary to achieve the goals,
seek input from the stakeholders, and come up with a program or proposal that may be successful.
He felt some flexibility could be built in. The Fire Department feels the concept is a good one but
they would like to have time to put a solid program together.
Marcia Moermond, Council Research, appeared and explained the resolution and ordinance which
would establish a Certificate of Occupancy (C of 0) program for one and two unit rentals that are
not owner occupied. A ten year schedule would be set up for implementation and would affect
approximately 7,000-8,000 properties at this time taking into account Ramsey County records and
the U.S. Census. The program would be implemented by district councils. The City's district
councils were divided into five groups which wee roughly balanced in terms of the number and
condition of properties. Every two years one of the five groupings would receive their initial C of
O inspection so over ten years, all of the City's on and two unit residences would be in the
program. This gradual addition of neighborhoods allows for gradual and stable staff increases to
handle the increased work load but would not result in layoffs after the affected properties had all
received their initial inspection. The C of 0 for one and two units would not have the same
requirements as the C of 0 for three or more unit housing and commercial housing. Fewer codes
at the state level apply to one and two unit housing. Some of those codes have been identified by
staff and it is expected that a thorough analysis would still need to take place to determine how
many of those codes need to be removed from the list for one and two unit dwellings.
(Blakey arrived)
Councilmember Harris asked exactly what would have to be done to these properties. Ms.
Moermond responded that the most pertinent code that would apply to these properties is the
Property Maintenance Code which currently applies. The Building Code, for the most part, would
apply to additions and new buildings.
Bob Kessler, Office of License, Inspections and Environmental Protection, stated that the Uniform
Building Code is a separate code from the Housing Maintenance Code. Although the requirement
for the C of 0 program is contained in Chapter 33 of the St. Paul Legislative Code, it is somewhat
confusing in that it does not enforce the building code but enforces the maintenance code which is
a different chapter of the St. Paul Legislative Code.
Steve Zaccard, Fire Marshall, responded to Councilmember Harris saying there is no requirement
October 22, 1997, City Council Summary Minutes Page 7
for fire doors in a home or duplex and requirements for one and two family dwellings in the State
Fire Code are virtually non-existent. If the ordinance is adopted, it does not compel the owners to
do anything to their property that they don't already have to do to comply with the Property
Maintenance Code. It is not a new code but a new inspection for that code.
Councilmember Harris requested a detailed list of what codes would have to be complied with
under this proposed ordinance. Ms. Moermond responded that one of the directives in the
resolution is to develop a check list. Currently, the Fire Department has a residential inspection
check list when they do a C of O. Staff has looked at the residential inspection check list to
determine which of the codes would not apply to one and two unit residential structures. More
work needs to be done but it would not put a new system in place.
Councilmember Megard said this is an overall broad policy. The details of the program are to be
put together by the Administration; it was not the Council's job to do this. If the Administration
has concerns about staffing, etc., they should bring them forward so that they can be discussed,
Megard said. At this point the Council is looking at a policy to provide safe housing in the City
for those units that are not currently covered by inspections that are available. Housing that is
inspected is less likely to have fires, she said, and they are looking for a way to upgrade rental
housing.
Councilmember Blakey questioned what the cost of the C of 0 would be. Ms. Moermond
responded that the fee recommended in the ordinance and resolution is $80.00 every two years for
a single family home to get the C of 0 and to renew it, $90.00 for a duplex and a $25.00
provisional fee to cover both single family housing and duplexes for the time until they would get
the CofO.
The following individuals appeared and addressed the resolution and ordinance:
Charlie Mae Hollins, St. Paul Tenants Union, 816 Hague Avenue
Mark Moeller, 1751 Bohland Avenue, representing the Business Review Council
Doug Hennes, University of St. Thomas, 2115 Summit Avenue
Jonathan Siess, 2083 Dayton Avenue
Jon Gutzmann, St. Paul Public Housing Agency
Roger Meyer, 1692 Dayton Avenue, Merriam Park Community Council
Mary Gross, 2016 Laurel Avenue
(Thune returned)
Mary Cohan, Highland Park resident
Sarah Smith, 913 Ashland Avenue
Mike Anderson, East Side Neighborhood Development Company, 900 Payne Avenue
Ann Woods, District 2 Community Council, 2169 Stillwater Road
Paul Schmidt, St. Paul Landlords Association, 879 Linwood Avenue
Carol Buche, St. Paul Association of Responsible Landlords, 857 Grand Avenue #2
Beth Randall, H-MARC, 1558 West Minnehaha Avenue
October 22, 1997, City Council Summary Minutes Page 8
Gregory Ray, District 7 Community Council, 653 Galtier#218
Steve Johnson, Minnesota Multi-Housing Association
John Periard, St. Paul Area Board of Realtors
(Thune left)
Councilmember Megard moved to close the public hearing.
Yeas - 6 Nays - 0 (Thune not present)
Councilmember Bostrom said he views rental property as a business and any business is subject to
inspections. In this case where the issue is public health and the safety of citizens, the City has a
responsibility to see that rental buildings are safe and clean. It's also time for neighbors who
surround these buildings to know that the City is paying attention to what is going on at these
properties. He said he does not feel the ordinance should be delayed but it could be fine-tuned.
Councilmember Collins stated that he would abstain from the vote as he owns rental property in
the City. He noted that the City already has a housing code and ways to maintain safe and good
housing. It's a question of whether or not this is another way of enforcement.
(Thune returned)
Councilmember Blakey said the intent of the resolution and ordinance makes sense as far as
wanting to fix up housing issues. However, he said he has a concern in that anytime these types
of measures are imposed, government needs to step up and make sure there are financial resources
in place. There are a number of small operations that provided good, affordable housing and if
there were code violations they would do what they could to try to fix ithem; however, there will
be a financial impact, it will be passed on to the tenants and there are no provisions to have
dollars to help the small landlord. There will also be some displacement, he said, and asked if
there is money available through the City to pay for displacement. He said research shows that
87% of the landlords in St. Paul are responsible and do a good job and he would like to see the
slum landlords separated from the ones who do an excellent job. Blakey expressed concern that
the Business Review Council has not had a chance to review the ordinance and also there needs to
be broad community input.
Councilmember Harris concurred with Blakey. He said the City needs to avoid a situation where
people are living in housing that is not safe, and they want to avoid increasing the cost for
someone to live in a particular type of housing because of certain costly mandates. He also feels
that more community input is needed.
Councilmember Morton said she also supports the concept but felt more discussion was needed on
inspections, the time line, and fine tuning it in general.
Council President Thune spoke in support but also agreed that it needed some fine tuning.
Councilmember Blakey suggested amendments which included asking the Department of Planning
October 22, 1997, City Council Summary Minutes Page 9
and Economic Development to look at ways to secure funding for either a loan or grant program
to assist owners who are facing repairs in excess of$1,000 due to the C of 0 inspections. Also,
that City Council Research staff prepare amendments to the Legislative Code to enable tenants of a
unit that is condemned to order it vacated through the C of 0 and to have a right to appeal the
condemnation order to vacate. It should also be noted that the fees for the C of 0 program for
residential units done by the Fire Department account for only 40% of the total costs of the
program and that 60% of the funds are general fund revenues. Councilmember Blakey asked that
Council Research work with the Department of Public Health and the Fire Department to assess
the impact and costs that are associated with the creation and implementation of this new program
and maintaining the current program.
Understanding that there is a 2% vacancy rate for rental housing in the metropolitan area and the
need for affordable housing is critical, the Department of Planning and Economic Development
was directed to create and adjust funding sources for increasing the number of affordable housing
units in the City of Saint Paul that meets or exceeds the Metropolitan Council's projected
population growth. If this is passed, there will be an increase in rent for these properties and Mr.
Blakey said he felt the City needs to replace those units and keep them at an affordable level.
Council President Thune suggested that Councilmember Blakey's amendments to the regulatory
resolution requesting information from the appropriate departments be brought back to the Council
in a timely manner. Councilmember Blakey was agreeable to this suggestion.
Councilmember Megard stated that a great amount of thought has gone into this proposed
ordinance and it has been worked on for three years. The ordinance is designed to try to get ahead
of the demolitions that continue to take place. The City cannot afford to lose housing as the City
is taking away from its own tax base every time a lot is cleared. There are presently about 600
vacant lots in the City. The purpose of the ordinance is to try to extend a reasonable program that
is already in place in the City and a certificate of occupancy for rental property to make sure that
the City is maintaining the present housing stock in every possible way. She urged immediate
consideration by the Council rather than delay action.
Councilmember Megard moved to lay the ordinance over three weeks.
Roger Curtis reiterated that this issue needs to be discussed by the Business Review Council and
the next meeting was scheduled for November 6 which would not allow much time for the
administration to work on this.
Tim Fuller said the goals they are trying to achieve are important ones and requested more time in
order to involve the stakeholders..
Laid over to November 12 for final adoption Yeas - 7 Nays - 0
(The meeting was recessed from 6:15 - 6:35 p.m.)
Present - 7 Absent - 0
October 22, 1997, City Council Summary Minutes Page 10
21. Resolution - 97-507 - Approving application for an On Sale Malt (strong beer) license by L & A
Consulting & Food Service, dba Ristorante Luci Ancora, 2060 Randolph Avenue. (ID #11707)
(Laid over from May 7)
Councilmember Harris moved to lay over 12 weeks at the request of the business owner.
Laid over to January 14, 1998 Yeas - 7 Nays - 0
22. Resolution - 97-1287 - Approving application for a Restaurant-B, Off-Sale Malt, Sunday On-Sale
Liquor, Entertainment-B, Cigarette, Liquor On-Sale-A, Gambling Location-A and a Patio Service
License by Minnesota Music Incorporated, dba Minnesota Music Club, 499 Payne Avenue. (ID
#86794)
Councilmember Bostrom moved to introduce a substitute resolution which placed several
conditions on the license and which had been worked out with neighborhood residents.
The following individuals appeared to address this issue:
Rose Marie Bomershine, 509 Petit Street, Co-chair of Railroad Island Task Force, presented
conditions from the Task Force which were agreed to by the applicant. These were the same
conditions presented by Councilmember Bostrom.
Wesley Ostron, owner of property at 520 Payne Avenue, expressed concern about the possibility
of the restaurant patrons using his parking lot.
Karen Palm, owner of Minnesota Music Club, and Bill Larson appeared and gave assurance that
they will do everything possible to prevent parking in the lot at 520 Payne Avenue.
Councilmember Bostrom moved approval of the substitute resolution.
Substitute adopted Yeas - 7 Nays - 0
23. Resolution - 97-1288 - Approving application for an Entertainment-A License by Style 2000 Inc.,
dba Cafe Latte, 850 Grand Avenue. (ID #16046)
No one appeared in opposition; Councilmember Bostrom moved to lay over five weeks at the
request of the Licensing Office.
Laid over to November 26 Yeas - 7 Nays - 0
24. Public hearing to reconsider the application for renewal of a Taxicab Driver's Licenses by Daniel
R. Beckman. (Application was revoked on June 25, 1997, C.F. 97-699)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection, provided a staff report. She noted that the St. Paul Legislative Code
states that an applicant for a taxicab driver's license shall have no felony convictions in the last
five years and shall have no non-traffic gross misdemeanor or misdemeanor convictions in the last
three years involving possession or sale of a controlled substance. It further states that, pursuant
October 22, 1997, City Council Summary Minutes Page 11
to State Statute, the license inspector may grant an exception to those provisions upon evidence
that the offense is not related to the occupation of a taxicab driver. The two convictions upon
which the Licensing Office based its recommendation for the denial of the renewal of Mr.
Breckman's taxicab driver's license involved the use or possession of marijuana in his taxicab.
Ms. Palmer provided details of the violations against Mr. Breckman. She urged the Council to
deny the application for renewal of the license.
Mike Bradley, Attorney for Mr. Breckman, appeared. He provided a history of Mr. Breckman's
background and the positive steps he has taken to prevent additional problems. He requested that
the Council allow him to continue with his career as a taxicab driver saying he feels Mr.
Breckman will give back to the St. Paul Community.
Alex Malgren, St. Paul Stamps Works, appeared and spoke in support of Mr. Breckman retaining
his license.
The public hearing was closed.
Discussion ensued amongst the Councilmembers; Councilmember Bostrom moved to deny the
license
Application denied Yeas - 6 Nays - 1 (Thune)
25. Resolution - 97-1289 - Denying the Taxicab Driver's License Application submitted by Edwin
Kester, Jr., 609 Wells Street.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection, stated that Mr. Kester was notified by letter that he did not meet the
minimum requirements and qualifications for licensing as a taxicab driver due to his record of
eight moving violations in the past three years, six of which were in the past two years.
No one appeared in opposition; the public hearing was closed.
Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
26. Resolution - 97-1290 - Approving the decision of the Legislative Hearing Officer on Property
Code Enforcement Appeals for property located at 922 Westminster Street, 1162 Edgerton Street,
126 West Winifred Street, 782 East Seventh Street, 875 East Cook Avenue, and 1372-1392
Carling Drive.
No one appeared in opposition; the public hearing was closed.
Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
October 22, 1997, City Council Summary Minutes Page 12
27. Resolution - 97-394 - Ordering the owner to remove or repair the building at 908 Hague Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from October 8)
Charles Votel, Fire Department/Code Enforcement, provided background information stating that
this dwelling has been condemned since October, 1995; the current property owner intended to
rehabilitate the house; there are back-taxes over $4,000; Code Enforcement feels it is not
economically feasible to repair it; and the cost to demolish the structure is approximately $7,000.
Barbara Ross, Best & Flanagan, representing Household Financial Services, appeared and stated
that Household Financial Services has had possession of the property for two weeks. They
requested a six week extension to give them the opportunity to clean up the property and to obtain
bids to repair the property.
Councilmember Blakey said if a six months extension is granted, the Council should receive a
work plan. Ms. Ross responded that they did not have a work plan at the time but the compliance
office had been requested to inspect the property. After the report is received, they can determine
what needs to be done and present it to a contractor.
Councilmember Blakey moved for a three week lay over with a request that they bring a work
plan back to the City Council and that a bond be posted.
Laid over to November 12 Yeas - 7 Nays - 0
28. Resolution - 97-1177 - Ordering the owner to remove or repair property at 613 Minnehaha
Avenue East within fifteen (15) days from adoption of resolution. (This item will be laid over to
October 7 Legislative Hearing and October 15 City Council Meeting) (Legislative Hearing Officer
recommends allowing the owner six months to repair the building provided a $2,000.00 bond is
posted and the necessary permits are pulled by noon, October 22) (Laid over from September 24)
Charles Votel, Fire Department/Code Enforcement, reported that the bond was not posted and no
building permits have been issued. He stated that the building was condemned in March 1997 and
has been vacant since that time. Three summary abatement notices have been issued on the
property; the City has had to board the building; and records indicate that real estate taxes are
unpaid in the amount of$1,600.00. Cost to repair the building is estimated to be approximately
$32,000.00 and cost to demolish it is between $5,000-6,000.
Tim Nelson, 1002 Burgess, representing the owner, Clarence Leaf, Jr., appeared and stated that
he attempted to post the bond the previous day but was told the property had to be inspected first.
Once the bond is posted and he has the permits, Mr. Nelson said he will have someone working
on the house.
The public hearing was closed.
October 22, 1997, City Council Summary Minutes Page 13
Reneta Weiss, Public Health, confirmed that Public Health did want to do a code compliance
before the bond is posted.
Councilmember Bostrom moved to lay over one week.
Laid over to October 29 Yeas - 7 Nays - 0
29. Resolution - 97-1129 - Ordering the owner to remove or repair property at 1451 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval) (Laid over from October 15)
Charles Votel, Fire Department/Code Compliance, stated that this property was condemned in
June, 1997. Cost to repair the structure is estimated at over $30,000; demolition costs would be
just under $5,000.
Rodney Brown, 1445 Sherburne, appeared and talked about the problems with the property and
said he would like to see it demolished.
Beth Randall, H-MARC, a non-profit housing group in District 11, appeared and stated that
Fannie Mae is the owner of this property as of the end of September. It was laid over because of
foreclosure proceedings. She had negotiated a purchase agreement the previous day and H-
MARC's intention is to remove the structure. Closing was going to take place at the end of
October 1997 and she requested a 45 day extension in order to get bids for demolition.
Councilmember Megard moved to grant a 45-day extension.
Adopted as amended (remove or repair within 45 days) Yeas - 7 Nays - 0
30. Resolution - 97-1291 - Ordering the owner to remove or repair the building at 800 Como Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to repair the building provided the vacant building fee is paid, a
$2,000.00 bond is posted, and a code compliance inspection is obtained by noon, October 22)
Charles Votel, Fire Department/Code Compliance, reported that the bond had not been posted and
the vacant building fee was not paid.
No one appeared in opposition; the public hearing was closed.
Councilmember Collins moved approval.
Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0
October 22, 1997, City Council Summary Minutes Page 14
31. Resolution - 97-1292 - Ordering the owner to remove or repair the building at 203 Forbes Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to repair the building provided he vacant building fee is paid, a
$2,000.00 bond is posted and a certificate of occupancy inspection is obtained by noon, October
22)
Charles Votel, Fire Department/Code Compliance, reported that the bond was posted. If the
renovation is not completed at the end of the six months time period recommended by the
Legislative Hearing Officer, Public Health will be authorized to remove the building.
No one appeared in opposition; the public hearing was closed. Councilmember Megard moved
approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
32. Resolution - 97-1293 - Ordering the owner to remove or repair the building at 1561 Jackson Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to repair the building provided a $2,000 bond is posted by noon,
October 22)
Charles Votel, Fire Department/Code Compliance, reported that the bond had not been posted.
No one appeared in opposition; the public hearing was closed. Councilmember Collins moved
approval.
Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0
33. Resolution - 97-1294 - Ordering the owner to remove or repair the building at 78 Magnolia
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; the public hearing was closed. Councilmember Collins moved
approval.
Adopted Yeas - 7 Nays - 0
34. Resolution - 97-1295 - Ordering the owner to remove or repair the building at 906 York Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; the public hearing was closed. Councilmember Bostrom moved
approval.
Adopted Yeas - 7 Nays - 0
October 22, 1997, City Council Summary Minutes Page 15
35. Resolution Ratifying Assessment - 97-1075 - In the matter of demolition of vacant building for
March 1997 for property at 608 York Avenue. (File #J9709C1) (Laid over from September 24)
(Thune left; Vice President Blakey assumed the chair)
Steve Christie, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection, appeared and stated that Todd Teich, Homestead Management, is
threatening a lawsuit against the City for wrongful demolition of the subject building. The City
Attorney's Office has attempted to resolve the potential action and has asked that this matter be
laid over for consideration of a possible settlement. He indicated that at this time the Council was
considering only the lawfulness of the assessment and not the potential claim against the City as to
how the nuisance was abated. A mortgage interest was acquired by Homestead, the nuisance
building was demolished in mid-March and Homestead Management foreclosed on the mortgage
and gained possession until early May. The property owner foreclosed on the property with the
understanding that the property had no building on it. Notice was given by the City of the
assessment for the abatement and a hearing was held before the City Council on August 13, 1997.
Mr.Christie stated that staff recommended the City Council ratify this assessment,
Todd Teich, Homestead Management, appeared. He stated that Homestead is and was the fee
owner of 608 York before it was demolished. He stated that Homestead contends the demolition
was wrongful and they are opposed to the assessment. He further stated that Homestead never
received a notice as required by the ordinance.
Mr. Christie stated that the City Council is considering whether or not to ratify a special
assessment of approximately $9,400 reflecting the costs incurred by the City in abating the
nuisance property.
Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
(Harris left)
36. Resolution Ratifying Assessment - 97-1296 - In the matter of summary abatements (property
clean-up) for July through mid-August 1997 for property at 1571 Maryland Avenue East. (File
#J9710AA) (Legislative Hearing Officer recommends approval) (Laid over from October 1)
Tom Lindbeck, 1346 Arcade Street, owner of property at 1571 Maryland Avenue, explained that
the incident with the trash happened immediately after the flood on July 1, 1997. The renters
removed belongings from the basement that were damaged and put them in the back yard. The
City sent a notice on July 11 stating that the debris was to be removed by July 16. The notice was
mailed to the renters and by time he received it from the tenants it was July 15. He explained the
situation to City staff and requested additional time which was denied. His trash removal service
said they would attempt to pick up the trash by July 17. City staff then told him an extension
would be granted to the 17th, however, the City cleaned it up on the 16t. He further pointed out
that the letter indicated he had seven days from the day the letter was mailed to file an appeal. It
October 22, 1997, City Council Summary Minutes Page 16
was mailed on the 11t which would indicate he had until the 18th to file an appeal. He was within
the appeal time and, therefore, he did not feel he was obligated to pay the City for the trash
removal.
Phil Byrne, Assistant City Attorney, clarified the language pertaining to appeals and said the
appeal should have been filed or the nuisance corrected by July 16.
The public hearing was closed; Councilmember Bostrom moved approval.
Adopted Yeas - 4 Nays - 1 (Collins) (Harris & Thune not present for vote)
(Harris returned)
37. Resolution Ratifying Assessment - 97-1297 - In the matter of summary abatements (property
clean-up and grass cutting) through mid-July 1997 for property at 613 Minnehaha Avenue East;
boardings-up of vacant buildings from June 9 to June 28, 1997 for property at 613 Minnehaha
Avenue East; summary abatements from mid-April to mid-May 1997 for property at 694 Sims
Avenue; summary abatements from mid-May to July 3, 1997 for property at 694 Sims Avenue;
and boardings-up of vacant buildings for July 1997 for property at 694 Sims Avenue, and
summary abate for 719 Case Avenue. (File # TDBC972, J9710BB, J9706061, J9709AA,
J97101BB) (Legislative Hearing Officer recommends approval with the following exception: 719
Case Avenue (J9709AA) - delete assessment) (Laid over from October 1)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer
Yeas - 6 Nays - 0 (Thune not present for vote)
38. Appeal of Mary Dabney to a summary abatement order for property at 790 Laurel Avenue.
(Legislative Hearing Officer recommends denial) (Laid over from October 1)
Vice President Blakey requested a layover; Councilmember Megard moved to lay over to
November 26.
Laid over to November 26 Yeas - 6 Nays - 0 (Thune not present for vote)
39. Appeal of Neil K. Schwartz to a summary abatement order for property at 662 Burr Street.
(Legislative Hearing Officer recommends denying the appeal as the work is completed)
No one appeared in opposition; Councilmember Bostrom moved approval.
Appeal denied Yeas - 6 Nays - 0 (Thune not present for vote)
(Thune returned)
40. Final Amended Order - 97-1298 - In the matter of the design and improvement of the public open
space, currently known as Capital Centre Plaza (to be renamed Ecolab Plaza), and include doing
all other work necessary to complete said project. (File #18863)
October 22, 1997, City Council Summary Minutes Page 17
No one appeared in opposition; the public hearing was closed.
Councilmember Megard moved approval.
Councilmember Harris asked about the funding source. Peter White, Real Estate Division,
responded that this is approximately a $1,000,000 project. Three hundred thousand dollars
($300,000) will be assessed against the three adjacent property owners; $350,000 is from the
Housing and Redevelopment Authority Business Loan Fund, and $350,000 from a STAR grant
($175,000 each from 1997 and 1998). If there is a cost overrun, Mr. White said he was unsure
where the money would come from.
Councilmember Harris moved to amend the final order to say that the project would remain within
the $1,000,000 currently allocated. He further requested that Peter White, Real Estate, provide
the Council with more specifics as to what this budget will be used for.
Adopted as amended Yeas - 7 Nays - 0
41. Final Order - 97-1299 - In the matter of sidewalk reconstruction on both sides of Laurel Avenue
from North Victoria Street to North Milton Street. (Laid over from October 8)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
42. Resolution - 97-1133 - Vacating portions of Bush Avenue and Mendota Street in order for
Minnesota Mining & Manufacturing Company to better control traffic on its campus. (Laid over
from September 10)
No one appeared in opposition; Councilmember Morton moved approval
Adopted Yeas - 7 Nays - 0
43. Resolution - 97-1300 97-1261 - Approving the Financing and Spending plans for the 1998-1999
Community Resources Program and approval of the City of Saint Paul entering into a contract
with the State of Minnesota for funding of the program. (Laid over from October 8 for
continuation of the public hearing)
Council President Thune distributed a substitute resolution showing how the dollars were allocated
and noted that it was the same plan as was recommended by the Planning Staff.
Councilmember Megard moved approval.
Councilmember Harris expressed concern because the funding for this program did not exist for a
period of time.
Ann Copeland, Department of Planning and Economic Development, responded that the funding
has come to the City over the biennium so there has been continuous funding since the 1989-90
fiscal year from the State. In the last funding round, it was late in getting to the City and 1996-97
October 22, 1997, City Council Summary Minutes Page 18
was combined into one calendar year. The groups have been without money from the City since
December 1996. They have lobbied extensively at the State Legislature to get the programs
refunded. If the program continues, a new process will be established and new applicants will be
invited.
Substitute adopted Yeas - 7 Nays - 0
44. Public hearing to consider the proposed use of the Local Law Enforcement Block Grant.
Councilmember Harris asked if children of domestic abuse will be covered by the video program.
Renee Rosuth, Assistant City Attorney, responded in the affirmative.
Councilmember Harris asked if there would be additional resources allocated to that unit. Ms.
Rosuth responded that the grant is additional money and will be for an additional attorney, a law
student, two police officers, and equipment.
Councilmember Blakey asked about the $157,000 for overtime law enforcement personnel. Ms.
Rosuth responded that that amount is not totally for law enforcement personnel. The total grant
amount was approximately $110,000 for this program and they have gone from an 18 month
program to a 12 month program. It involves two officers working from 8:00 p.m. to 1:00 a.m.
every Friday and Saturday on domestic violence issues.
45. Resolution - 97-1262 97-1300 - Authorizing the execution of a Development Agreement with
Minnesota Life Insurance Company.
This item was considered at the Housing and Redevelopment Authority meeting following the City
Council meeting.
Adopted Yeas - 7 Nays - 0
46. Public hearing to consider the application of The Highlands Townhomes, LLP for a preliminary
and final plat to allow property at Cleveland Avenue South (eastside between Villard and
Magoffin) currently under construction to be subdivided and sold as separate townhome units.
No one appeared in opposition; Councilmember Harris moved approval.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
47. Public hearing to consider the application of Derril Hundley for a preliminary and final plat to
allow the property at 1624 Old Hudson Road (south side west of Kennard Street) to be subdivided
into three lots.
No one appeared in opposition; Councilmember Morton moved approval.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
The meeting was recessed at 8:23 p.m. for the Housing and Redevelopment Authority (HRA) meeting.
October 22, 1997, City Council Summary Minutes Page 19
The meeting was adjourned following the HRA Meeting.
4,4/
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Ande n , y \ \19 r)'
Assistant Council Secretary
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