Approved Minutes 2-5-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, February 5, 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 3:45 p.m.
Present - 7 -Blakey, Bostrom, Harris, Mauer, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
Councilmember Rettman requested Item #13 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of December 26, 1996 and January 2, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Anne Aanenson, Demetrius Evans, David Gray, Darin Gutzmer, Ryan Gutzmer, Dale
Hamann, Mathew Hess, Mike Miller, Richard Nelson, Tony Peterfeso, John Steinmaus, Kathleen
Tschida, Martha Walker, and James White.
Referred to Risk/Employee Benefit Management Division
3. Summons, Complaint, and Amended Complaint in the matter of Lenny Anderson v. the City of Saint
Paul, et. al.
Referred to the City Attorney's Office
4. Order to Show Cause in relation to Certificate of Title No. 373360 issued for land in the County of
Ramsey and State of Minnesota.
Referred to the City Attorney's Office
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on February 26, 1997, to consider the application of Daniel and Linda Burns
to rezone property from RM-2 (multiple family residential) to B-3 (general business) to allow
expansion and remodeling of the existing auto repair business at 982 Grand Avenue (south side
between Chatsworth and Oxford).
6. Letters from Saint Paul Public Health declaring 421 Blair Avenue, 903 Fourth Street East, and 908
Hague Avenue as "nuisance properties." (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
February 5, 1997, City Council Summary Minutes Page 2
7. Communication from Saint Paul Animal Control dated January 27, 1997, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
8. Administrative Orders:
D001120 Authorizing payment of$1,700.00 to various vendors for police academy graduation
expenses on January 9, 1997.
D001121 Addition of$3,741.24 to the contract for Skyway System Painting (1966) at various
downtown locations.
D001122 Addition of$250.00 to the contract for shingle roof replacement at the LIEP Central
Service Facility, 1100 North Hamline Avenue.
D001123 Addition of$7,948.90 to the contract for ramp repairs and waterproofing at Block 7A
Parking Ramp, 13 West Exchange Street.
D001124 Extending the contract completion date from September 30, 1995 to November 30,
1995 for 1995 alley grading and paving.
D001125 Addition of$17,506.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction Mechanical - Parking Ramp Alternate A.
Noted as on file in the City Clerk's Office
9. Resolution - 97-64 - Approving the appointments of Dr. Mary Thornton Phillips and Amy Stedman,
by Mayor Coleman, to the Saint Paul Workforce Development Council. (Laid over from January 29
for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 97-65 - Approving the appointment of Cathy Nordin and the reappointments of Carole
Faricy, Litton Field, Jr., Anne Geisser, Frank Gurney, Richard Kramer, and Dick Nowlin, by Mayor
Coleman, to the Saint Paul Planning Commission. (Laid over from January 29 for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 97-66 - Approving the appointments of Therese Cermak, Thomas Guelcher, Gar
Hargens, and Judith Trent and the reappointments of Steven Buetow and Richard Murphy, Sr., by
Mayor Coleman, to the Heritage Preservation Commission. (Laid over from January 29 for
adoption)
Adopted Yeas -7 Nays - 0
12. Resolution - 97-79 - Approving the appointment of Tim Marx as Acting Mayor.
Adopted Yeas - 7 Nays - 0
13. (discussed after the consent agenda)
14. Resolution - 97-81 - Requesting Administration to assess actual costs for vehicle impound
abatements from private property.
Adopted Yeas - 7 Nays - 0
February 5, 1997, City Council Summary Minutes Page 3
15. Resolution - 97-82 - Amending the 1992 Capital Improvement Program by transferring spending and
financing from the 1996 MnDOT and County Aid Participation Projects and adding County Aid
Trunk Highway Turnback funding to the University-Midway Market Place Signal Project.
Adopted Yeas - 7 Nays - 0
16. Resolution - 97-83 - Approving Minnesota Department of Transportation agreement to authorize and
stipulate the costs and terms of MnDOT cost participation on a signal light constructed on the 35E
ramps at the Grand/Thompson intersection.
Adopted Yeas - 7 Nays - 0
17. Resolution - 97-84 - Authorizing the proper City officials to execute a contract with the University of
Minnesota for the services of Dr. Leon Satran to the Saint Paul Public Health Refugee Health
Program.
Adopted Yeas - 7 Nays - 0
18. Resolution - 97-85 - Authorizing the Saint Paul Police Department to solicit funds to implement the
"Saint Paul Police Gun Stoppers"program.
Adopted Yeas - 7 Nays - 0
19. Resolution - 97-86 - Approving payment of$5,000 to Paul Smith and attorney Hersch Izek in full
settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays -0
20. Resolution - 97-87- Approving payment of$22,500 to Kevin Casper in full settlement of his claim
against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
21. Resolution - 97-88 - Requesting an extension of time to complete work on a building being repaired
at 1173 Sherburne Avenue.
Adopted Yeas - 7 Nays - 0
22. Preliminary Order- 97-89 -In the matter of reconstruction of sidewalks on both sides of Webster
Street from Grace Street to Jefferson Avenue; both sides of Livingston Avenue from East Sidney
Street to East Belvidere Street; both sides of Winslow Avenue from West Elizabeth Street to West
Baker Street; the north side of West George Street from Hall Avenue to Stryker Avenue and the east
side of Stryker Avenue from West George Street to West Robie Street; and both sides of Richmond
Street from Banfil Street to Goodhue Street and the east side of Richmond Street from Banfil Street
to Goodrich Avenue, and setting date of public hearing for April 2, 1997. (File#597003-S97007)
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment- 97-90-In the matter of the assessment of benefits, costs and
expenses for summary abatements (property clean-up, snow removal, or sanding walks) from August
1996 to January 1997; boardings-up of vacant buildings for July 1996; boardings-up of vacant
buildings for August 1996; and summary abatements (property clean-up) from mid-June to mid-
September 1996; and setting date of public hearing for April 9, 1997. (File#J9704A, J9701B,
J9702B, J9701TDBC)
February 5, 1997, City Council Summary Minutes Page 4
Adopted Yeas - 7 Nays - 0
13. Resolution - 97-80-Formalizing the City Council's position on the best location for the Department
of Revenue.
Council President Thune stated this resolution is a restatement of the Council's position last year.
He attended a tour of the building with the senators of the committee to decide where the site should
be. The senators have received a study comparing factors. The bottom line is that in the area of cost,
two options are recommended: 1) Keeping the Revenue Department where it is now, 2) Moving to a
new building in the suburbs. The Council's position is to leave it where it is or move it to a
downtown location.
Councilmember Rettman asked if this issue is consistent with the legislative package and if the
Legislature has been appraised of the Council's stance. Council President Thune responded this
issue was not included in the legislative packet and this stance is the Administration's as well.
Pam Wheelock, Department of Planning and Economic Development, appeared and stated she is
comfortable with this resolution. Keeping the Department of Revenue in the current building is the
preferred option primarily because of the implications to the Riverfront Tax Increment District if
there is an empty building at that site. In the event the State decides to move from that building,
PED's preference would be to have the Department of Revenue occupy space in downtown or build
on the south side of the freeway.
Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 97-123 - Approving the appointment of Peg Birk as City Attorney.
Peg Birk appeared and said she looks forward to working with the Council.
Adopted Yeas - 7 Nays - 0
24. Resolution - 97-2 - Accepting and adopting the "Business Plan: Implementation of a Comprehensive
Housing Strategy" developed by the Department of Planning and Economic Development. (Laid
over from January 29)
Councilmember Megard moved a one week layover.
Laid over to February 12 Yeas - 7 Nays - 0
25. Administrative issues associated with the City and Housing and Redevelopment Authority's (HRA)
Living Wage Jobs Policy. (Presentation by Pam Wheelock or a PED designated representative)
Pam Wheelock and Kathryn Ter Horst appeared before the Council. Ms. Wheelock reviewed the
document and answered questions from the Councilmembers.
February 5, 1997, City Council Summary Minutes Page 5
ORDINANCES
26. Final Adoption - 97-11 - An ordinance finalizing City Council action approving the petition of John
Rodrigue to rezone property at 484 and 486 Larpenteur Avenue from OS-1 to R-3. (Public hearing
held November 27, 1996)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
27. First Reading - 97-91 - An ordinance amending the Saint Paul Legislative Code Section 43.02 to
improve the definition of owner.
Laid over to February 12 for second reading
(The meeting was recessed from 4:15 to 4:35 p.m.)
PUBLIC HEARINGS
37. Resolution - 97-100 - Concerning adverse action against licenses held by Utecht Foods, Inc., dba
Jubilee Foods, 2481 7th Street West. (Uncontested)
Councilmember Harris moved to layover three weeks.
Laid over to February 26 Yeas - 7 Nays - 0
50. Resolution - 97-113 - Concerning adverse action against licenses held by Snyder Drug, 2083 Ford
Parkway. (Uncontested)
Councilmember Harris moved to layover three weeks.
Laid over to February 26 Yeas - 7 Nays - 0
51. Resolution - 97-114 - Concerning adverse action against licenses held by SuperAmerica #4414,
2065 Randolph Avenue. (Uncontested)
Councilmember Harris moved to layover three weeks.
Laid over to February 26 Yeas - 7 Nays -0
28. Third Reading - 97-53 - An ordinance amending the Saint Paul Administrative Code and the Saint
Paul Legislative Code reorganizing the budget and finance functions; amending Administrative
Code Chapters 2, 5, 21, 34, 57, 64 and 86, amending Legislative Code Chapters 6, 7, 34, 77,
430, and Appendix H, and repealing Legislative Code Chapter 430.021 and 430.022.
No one appeared in opposition; laid over to February 12 for final adoption
29. Resolution - 97-92 - Approving application for a Gambling Manager's License by James B.
Elmquist, dba Region Two Golden Gloves Association, at Casey's, 2550 West 7th Street. (ID
#80525)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
February 5, 1997, City Council Summary Minutes Page 6
30. Resolution - 97-93 - Approving application for a Second Hand Dealer-Motor Vehicle License by
Axtman Auto Sales, Inc., 336 Larpenteur Avenue West. (ID #11975)
Councilmember Rettman she would like the Council to narrow down how many cars would be
allowed at this site. There should be enough room for patron parking and making sure the signage
is not so far up on the boulevard.
Christine Rozek, LIEP, appeared and stated all of these are easily met by the conditions on the
license. The number of vehicles displayed for sale is limited. There is a requirement that there
be four customer/employee parking spaces. There is nothing that specifically addressed signage
issues. The business is required to pave the parking lot no later than August 1st.
Councilmember Rettman moved approval and stated she would like the company to come into
compliance immediately on the cars.
Adopted Yeas - 7 Nays - 0
31. Resolution - 97-94 - Concerning adverse action against licenses held by American & Asian
Grocery, 33 George Street East. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
32. Resolution - 97-95 - Concerning adverse action against licenses held by Monkey Boys, Inc., dba
Dixie's Bar & Smokehouse Grill, 695 Grand Avenue. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
33. Resolution - 97-96 - Concerning adverse action against licenses held by Thomas & Mary Silva,
dba El Burrito Market & Bakery, 175 Concord Street. (Uncontested)
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 7 Nays - 0
34. Resolution - 97-97 - Concerning adverse action against licenses held by Meg-Ali, Inc., dba Gabe's
by the Park, 991 Lexington Parkway North. (Uncontested)
No one appeared in opposition; Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
35. Resolution - 97-98 - Concerning adverse action against licenses held by Grand Tavern, Inc., 656
Grand Avenue. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
36. Resolution - 97-99 - Concerning adverse action against licenses held by Joseph G. Bienat, Jr., dba
J & L Tobacco, 425 Robert Street North. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
February 5, 1997, City Council Summary Minutes Page 7
37. (This item was discussed earlier)
38. Resolution - 97-101 - Concerning adverse action against licenses held by Sophy Lim, dba Jubilee -
St. Marie's, 101 5th Street East, #221. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
39. Resolution - 97-102 - Concerning adverse action against licenses held by Just Truffles, Inc., 350
Market Street. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
40. Resolution - 97-103 - Concerning adverse action against licenses held by Moiz Akhtar, dba
Korner Store, 53 Cleveland Avenue South. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
41. Resolution - 97-104 - Concerning adverse action against licenses held by Pearson, Inc., dba
Marshall & Cretin Standard, 2178 Marshall Avenue. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
42. Resolution - 97-105 - Concerning adverse action against licenses held by Peter Witt, dba
Maryland Avenue Unocal, 406 Maryland Avenue East. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
43. Resolution - 97-106 - Concerning adverse action against licenses held by Merlin Richardson, dba
Mike's Downtown Standard, 542 Robert Street North. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
44. Resolution - 97-107 - Concerning adverse action against licenses held by Morelli's Discount
Liquor, 535 Tedesco Street. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
45. Resolution - 97-108 - Concerning adverse action against licenses held by Thai Vang, dba
Neighbor's Grocery Store, 469 Anita Street. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
46. Resolution - 97-109 - Concerning adverse action against licenses held by Parrish's, Inc., 2176 7th
Street West. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
February 5, 1997, City Council Summary Minutes Page 8
47. Resolution - 97-110 - Concerning adverse action against licenses held by Patricia Karels, dba Pat's
Smoke Shop, 55 5th Street East. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
48. Resolution - 97-111 - Concerning adverse action against licenses held by Shinder Book & News,
Inc., 389 Wabasha Street North. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection, appeared and stated the adverse action pertains to the sale of cigarettes
to a minor, a decoy.
Tom Dolan, 72 Dupont Street, Mohtomedi, manager at Shinders, appeared. He said he does not
contest what happened but he asked the City of Saint Paul to look at what they could be doing
with this problem. Saint Paul does not pursue or punish minors who attempt to buy cigarettes and
there is no policy to punish clerks who sell cigarettes to minors. He noted that the clerk knew the
law and the senior clerk and the clerk who sold the cigarettes are no longer working at Shinders.
Also, the senior clerk did not notify the owner of the notice from Licensing that was sent to the
store. Mr. Dolan said the ordinance puts him at the mercy of his clerks.
Mike Moriarty, 1040 Agate #103, appeared and stated he does not like the use of decoys. People
are set up and it should stop.
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
49. Resolution - 97-112 - Concerning adverse action against licenses held by Crown Coco, Inc., dba
Smith Avenue E-Z Stop, 778 Smith Avenue South. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
50. (This item was discussed earlier)
51. (This item was discussed earlier)
52. Resolution - 97-115 - Concerning adverse action against licenses held by Tom Thumb Food
Market#118, 626 Larpenteur Avenue West. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
53. Resolution - 97-25 - Authorizing the City of Saint Paul to apply to the Department of Trade and
Economic Development for funding the Ecolab project. (Laid over from January 15)
Council President Thune made changes from January 31 to February 28 on the first paragraph and
January 15 to February 5 on the last paragraph.
February 5, 1997, City Council Summary Minutes Page 9
Councilmember Rettman questioned if this commits the Council to any other funding or financing.
Craig Blakely, PED, answered there was no commitment of funding. Any other proposed funding
would come to the HRA for discussion and approval.
Councilmember Rettman pointed out that the document says the City has reviewed everything.
She asked if it recognizes that the Council, as policy makers, has not reviewed any of the
documents. Phil Byrne, Assistant City Attorney, responded it does not say the Council has
reviewed it but rather says the City has reviewed it. The Council has to be satisfied that someone
from the City has reviewed it.
In response to a question of Councilmember Harris, Mr. Blakely said it is a $500,000 grant from
Department of Trade and Economic Development to the City of Saint Paul and it has a $500,000
minimum.
Councilmember Rettman stated the green sheet should be amended to say $500,000.
Mr. Blakely said the resolution is requesting authority to apply for $500,000. Mr. Harris said it
is giving the director authority to execute it without the Council's approval in the interim so in
effect it is approving it. Mr. Blakely concurred. Mr. Harris asked if there is a staff report saying
exactly what's going to happen, how it's going to be financed, and how many jobs there will be.
Mr. Blakely responded this is the first step of the process. There will be other City financing
involved and extensive staff reports provided.
Mr. Harris asked if HRA Board approval is required. Craig Blakely responded this grant comes to
the City of Saint Paul and requires City Council approval to submit the grant.
Councilmember Rettman stated in the future, the Council should have one copy of the draft of the
application.
Councilmember Megard asked if it is true that the Department of Trade and Economic
Development would only give the City half a million dollars annually. If that is the case, then the
Council is using up their entire allocation on this one project. Craig Blakely responded the
program has one grant per year under this program and the City would be using it up.
Councilmember Blakey asked how many jobs would be available and if there are any provisions
for citizens of Saint Paul to get some of these jobs. Mr. Blakely responded there will be about
250 jobs within four years and most of the jobs that are moving from other companies are
probably not going to be for Saint Paul residents. As Ecolab goes through expansion over the
next four years, it is anticipated there will be some potential Saint Paul employment. Also, the
State of Minnesota has a job training grant that will help facilitate that. Mr. Blakey stated he
would support this but in the future the Council should get a report with particulars. It's great
that jobs are being moved into Saint Paul, but citizens of Saint Paul should be reaping the benefits
and getting some of these jobs, he said.
Council President Thune asked how many dollars the City of Saint Paul is putting into this. Craig
Blakely responded it has been discussed that Saint Paul would put in an additional $500,000 in
February 5, 1997, City Council Summary Minutes Page 10
improvements to Osborne Plaza. Council Rettman stated she previously asked if this commits the
City to anything and the answer was unequivocally no. She asked if there is anything that says if
the City gets the $500,000, the City has to come up with another $500,000. Mr. Blakely
responded it was December 26 when the HRA was informed of the project at which time an HRA
loan in the amount of$500,000 was discussed and has been under discussion since early fall.
Councilmember Harris stated the Council talked about a possibility of some HRA directed
assistance toward Ecolab. There was no commitment at that point. There was some discussion of
who was making the decision on behalf of the City at that time. Some HRA members were
concerned about making a commitment of dollars before there was actually a vote. Mr. Harris
would like to see more staff information and more analysis about what the total package is going
to be.
Councilmember Harris moved a one week layover.
Councilmember Megard concurred with the layover and said she would like to see documentation
showing what this will cost the City.
Councilmember Rettman stated she would vote against the layover because the Department of
Trade and Economic Development is a very long winded process and that is why she asked the
questions. If the City does not get its foot in the door, it may not come to Saint Paul.
Councilmember Blakey asked about the time line and Mr. Blakely stated there is no urgent
deadline. It is a stand alone arrangement between Ecolab and the City of Saint Paul and does not
commit the City or the HRA to any further financing.
Councilmember Harris asked if Ecolab is committed to the 250 jobs, which is the Department of
Trade and Economic Development money. Assuming the grant is approved and assuming the
arrangements are executed, Craig Blakely responded Ecolab would be committed to bringing 250
jobs to Saint Paul in a four year period.
Councilmember Harris withdrew his layover motion.
Council President Thune suggested this proposal be scheduled on the HRA agenda for February
12 with a complete staff report on what the package contains and what is being negotiated. The
proposal to Ecolab is a package that includes the Department of Trade and Economic
Development proposal and other issues. Saint Paul is not bound to it, but there is definitely an
offer and discussion that includes this as well as other pieces. Ecolab would not feel very kindly
if the Council did not do their share. Craig Blakely stated he would certainly be able to get an
update of the Part 1 application; maybe even a copy of Part 2. The State is very anxious to start
reviewing this. It is possible that other Cities would apply for this pot of money. Mr. Blakely
recommended that his office be given authority to submit the application to Department of Trade
and Economic Development and move towards putting together recommendations for the HRA for
the other financing pieces.
Councilmember Bostrom moved approval of a substitute resolution.
February 5, 1997, City Council Summary Minutes Page 11
Councilmember Bostrom moved approval of a substitute resolution.
Substitute introduced and adopted Yeas - 7 Nays - 0
54. Resolution - 97-116 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 266 East Seventh Street. (Address laid over from December
11)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
55. Resolution - 97-117 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 719 Wilson Avenue. (Address laid over from January 22)
Gerry Strathman, Legislative Hearing Officer, appeared and stated this is an apartment building
that was condemned. The tenants have filed an appeal to stop the condemnation process. There is
some legal activity in housing court.
Laura Jelinek, attorney, stated the city inspector has issued another set of orders. The new vacate
date is March 1. When Ms. Jelinek appeared before the Council previously, she was representing
one tenant. Now she is representing all tenants in a tenants remedies action. The purpose of the
action is to appoint an administrator to the building to get it up to code. The court date is
February 10. Council President Thune asked how much time she recommended. Ms. Jelinek
responded this order has certain appeal rights which she assumes would go to Gerry Strathman
first. She asked that Mr. Strathman be able to make a judgement and the Council not enforce the
February 18 previous order to vacate.
Councilmember Rettman asked if rent was being held in escrow. Laura Jelinek said it is not and
Ms. Rettman asked if that was a problem with the tenants remedies action because if the money is
not held in escrow, the tenants may lose. Councilmember Rettman said she feels uncomfortable
moving forward on this because the Council has knowledge that the money is not in escrow. Ms.
Jelinek responded if she is able to appoint an administrator, start collecting the rent monies, get on
a repair schedule approved by the City, and access community funds, then she can move forward.
Ms. Jelinek stated she has talked to the tenants about escrowing rent and she has got them to
move as a group to work on this building. It is illegal to collect rent on a condemned building.
Councilmember Mauer asked if the Council is liable if it takes action and something happens in
the meantime. Phil Byrne responded the Council faces liability if the problem is life threatening
for the tenants. On the other hand, there is an opportunity to work the problem out.
Gerry Strathman read the new orders from the inspectors. Council President Thune stated he has
problems with the fire alarm systems, evacuation plans, and the space heaters. Mr. Thune did not
know if the tenants could take care of these items themselves and did not want someone to die in a
fire because the Council did not take action. He suggested keeping the present deadline date on
life safety items that need to be fixed. The tenants can pool their money and take care of these
things on their own. Mr. Thune suggested the inspectors check to make sure the safety issues are
taken care of. If the life safety items are completed by then, the rest of the items will be
extended. The fire inspector needs to point out the critical items.
February 5, 1997, City Council Summary Minutes Page 12
In response to a question of Councilmember Bostrom, Ms. Jelinek said there are five units and
they are dealing with four of them. Mr. Bostrom stated the unoccupied apartment has to be
treated as well because that, too, could be a hazard.
Councilmember Mauer moved to extend the vacate order to March 1 on the condition that life
safety issues are addressed by February 18. The apartment will be reinspected after February 18.
Gerry Strathman stated the property owner was at the legislative hearing and said he would repair
the building, but needed more time. Council President Thune added that the inspectors will work
with the tenants.
Councilmember Blakey stated the fire inspector might see the list and make it onerous.
Councilmember Rettman suggested Gerry Strathman have a fire inspector present at the Council
meeting on these issues. Gerry Strathman stated he will convey this to the Fire Marshall.
Adopted as amended Yeas - 7 Nays - 0
56. Resolution - 97-118 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 1577 Ashland Avenue and 1880 Randolph Avenue.
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
(Mauer left)
57. Resolution - 97-119 - Ordering the owner to remove or repair the building at 438 Baker Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Mauer not present for vote)
58. Resolution - 97-120 - Ordering the owner to remove or repair the building at 787 Buffalo Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0 (Mauer not present for vote)
59. Resolution - 97-121 - Ordering the owner to remove or repair the building at 670 Sims Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal of the structure to 60 days)
Gerry Strathman stated this is a four unit building which was condemned in July 1996. No one
knows the location of the current property owner. The estimated cost to repair the building is
$45,000. It is currently in the hands of the Northwest Mortgage Company which had a
foreclosure on January 16. They are waiting for the redemption date of February 18, at which
point they will convey the property to HUD.
February 5, 1997, City Council Summary Minutes Page 13
Amy Blue, 697 York Avenue, Vice President of the Upper York Avenue Block Club, appeared
and stated everyone is in agreement that this property has caused trouble in the area. They would
like it to be a single family home again.
Mike Overly, attorney for Northwest Mortgage, appeared and stated this property has been
foreclosed and subject to a five week redemption period. The property is secured and is an FHA
insured mortgage. The time frame is not sufficient for conveyance to HUD.
Councilmember Megard asked if the building structurally sound; Gerry Strathman stated it is
repairable.
Mike Moriarty stated he is a concerned resident of that neighborhood and he feels it is better to
rehab it than to condemn it as it is a sound building. There is a church organization willing to
develop the property.
Council President Thune closed the public hearing.
Councilmember Bostrom stated he has been contacted by some of the best preservationist. They
say this building is not worth salvaging. He recommended the resolution be approved without the
hearing officer's recommendation.
(Mauer returned)
Councilmember Megard stated the Council should listen to the neighbors but she would not be in
favor of sixty days. Councilmember Rettman stated five days would be better. Councilmember
Bostrom accepted this amendment.
Adopted as amended (remove or repair within five (5) days)
Yeas - 7 Nays - 0
60. Resolution - 97-122 - Order the owner to remove or repair the building at 393 Sherburne Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman stated this matter was heard in Legislative Hearings on January 31. This
property was condemned in November 1995. The current owner is on a nursing home on medical
assistance and there is medical assistance against the property. There have been seven summary
abatements issued. The estimated cost to repair exceeds the value of the property. The owner did
not appear at the legislative hearing.
Jill Klenkenich, 737 E. 5th Street, Housing Resource Manager, Great Earth Downtown
Community Development Corporation appeared and asked for a six month extension to clear title,
line up the financing, and acquire the house. This house is privately held now and they have tried
to get contact family members with no success. The State has a lien against the property for
nursing home care. The State has a general policy to limit recoveries to the value of the property.
February 5, 1997, City Council Summary Minutes Page 14
Councilmember Blakey moved a 26 week extension with a three month update.
Councilmember Rettman asked who would be continuing the outside maintenance and Ms.
HIenkenich stated she will.
Laid over to August 6 Yeas - 7 Nays - 0
61. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by
Mary P. Fasching, dba M.F. Automotive, 1728 Selby Avenue.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection, stated the matter before the Council is on a return of an Administrative
Law Judge report. Notice of violation went out in August of 1996 for violation of conditions put
on the license. The owner contacted the officer denying the violation and requesting a hearing.
The hearing was held on October 24. The Administrative Law Judge came back with findings of
fact. Ms. Palmer filed exceptions to those based on stipulation to violation from two separate
dates. This is a business which needs frequent monitoring, she said The licensee felt she was
being personally harassed. Ms. Palmer felt a $2,000 fine was appropriate based on the attempts
to work with the business and the number of problems that have occurred over the years.
Councilmember Megard asked if there had been an adverse action against this property. Virginia
Palmer responded no. Councilmember Megard noted that there is no matrix to guide the Council
in this action..
Councilmember Harris asked why there were so many conditions. Chris Schwindler, Office of
License, Inspections and Environmental Protection responded this establishment has had a
problem history since 1988 and has needed constant enforcement.
Lynn Walters, attorney representing Mary Fasching, appeared and stated one of the conditions is
that there be no more than 12 cars on the lot. The lot can hold more than 12 cars and none of the
businesses in the area have a problem with the lot. Some of the conditions are unreasonable Mr.
Walters said and he suggested instead of fining the property owner, having the owner improve the
property by painting some parking spaces. There have only been two complaints in the ten year
period other than a licensing matter. He noted than a police officer has moved into the area and
he has continually called Licensing and ticketed cars along the street. Ms. Fasching has always
worked with Licensing and has tried to correct any problems. Other businesses and property
owners in the area are using the lot for personal parking and she has allowed this in order to be a
good neighbor.
Mary Fasching, 1156 Sherburne, appeared and stated she would like to work with licensing to get
the conditions revised.
Paul Toman, 1706 Hague, President of block club, appeared and stated this business affects the
entire neighborhood. It has been a problem property. The property doesn't have a sign outside
saying what it is. It appears to be a parking lot for their own personal automotive needs. The
business is not an active member of the community, Toman said. During the summer, neighbors
February 5, 1997, City Council Summary Minutes Page 15
can hear them working on cars outside and there have been complaints of automotive fluids.
When neighbors have approached the business, they have been confrontational.
Mary Fasching stating she has handled fluids according the EPA regulations. She said she tries to
work with neighboring businesses and stay away from their parking areas. She said her business
does major transmission work. If the car is taken apart and taken outside, it might sit there for a
while but there are no abandoned cars on the lot.
Council President Thune closed the public hearing.
Councilmember Megard moved a fine of$1,000 and any violation of any conditions in the future
would be grounds for revocation. Virginia Palmer stated if there is another violation that merits
adverse action, the adverse license process would begin.
Accepted the Findings and Conclusions of the Administrative Law Judge report as amended by the
written exceptions filed by the City Attorney. A $1,000.00 fine was imposed.
Yeas - 7 Nays - 0
Councilmember Megard moved adjournment.
Roll Call Yeas - 7 Nays - 011,
• . 'k ' T6:30 `.M.
lial I__PA I If
Da 'd Thune 4 VP'resident
ATTEST:
l� Minutes approved by Council
Nancy Andeon 'A ., . -,C1 C ` \`\�"1
Assistant Council Secretary
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