Summary Minutes 2-15-20060TY p�
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SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, February 15, 2006 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:30 p.m. by Council President Lantry.
Present — 4 — Benanav, Bostrom, Helgen, Lantry
Absent — 3 — Montgomery (excused)
Harris, Thune (arrived after the Consent Agenda)
CONSENT AGENDA (Items 1- 23)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE
WILLBE NOSEPARATE DISCUSSION OFTHESE ITEMS. IFDISCUSSIONIS DESIRED BYA
COUNCILMEMBER, THAT ITEM FILL BE REMOVED FROMTHE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Councilmember Helgen moved approval of the Consent Agenda
Adopted Yeas — 4 Nays — 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Postal Credit Union, Quality Residences LLC, and William Quinlan.
Referred to Risk Management
2. Statement of Claims and Summons of Tou Yia Yang.
Referred to Risk Management
3. Letter from the Department of Neighborhood Housing and Property Improvement
declaring 1104 Rice Street as nuisance property. (For notification purposes only;
a public hearing will be scheduled at a later date if necessary.)
4. Executive Order:
E-58 Appointing Councilmember Patrick Harris to serve in the Mayor's stead as a
member of the Metropolitan Airports Commission effective January 3, 2006 and to serve
during the Mayor's term of office.
On File in the City Clerk's Office
5. Administrative Orders:
D002554 Authorizing the Police Department to remit an amount, not to exceed
$5,000.00, for travel, registration, tuition, per diem, and lodging for
Internet Crimes Against Children (ICAC) Task Force participants
(non -city employees) to attend training.
February 15, 2006 City Council Summary Minutes
Page 2
D002556 Authorizing the Police Department Police Academy staff to remit an
amount, not to exceed $300.00, to Big Top Wine and Spirits, 1574
University Avenue West, to cover expenses for alcoholic beverages
and refreshments for civilian volunteers participating in a training
course on Standardized Field Sobriety Tests and DWI Procedures for
the Saint Paul Police Cadet Academy 2005.
D002557 Transferring $28,148.00 from salaries and fringes to services for the
Citizen Services/Marketing Office.
D002558 Transferring budget authority to cover 2005 year-end variances
within the Finance Special Project Special Revenue Fund.
D002559 Authorizing the Division of Parks and Recreation to execute all lease
agreements that mature in 2006 and are one year or less in duration.
On File in the City Clerk's Office
FOR ACTION
6. Resolution — 06-141 — Approving the Memorandum of Agreement between the City of
Saint Paul and the Classified Confidential Employees Association to amend the 2005 —
2006 Collective Bargaining Agreement as it pertains to matching deferred compensation
and employer contribution to Post Employment Health Plan. (To be laid over one week
for adoption)
Laid over to February 22 for adoption Yeas — 4 Nays — 0
7. Resolution —. 06-142 — Supporting a constitutional amendment dedicating the Motor
Vehicle Sales Tax to Transit and Transportation.
Adopted Yeas — 4 Nays — 0
8. Resolution — 06-143 — Memorializing City Council action taken January 18, 2006 granting
the application of Greater Frogtown CDC for a Preliminary Plat for Dale Street
Townhomes for 16 residential lots and 2 outlots at 608-613 Blair Avenue and 609 Lafond
Avenue. (Zoning File 05-194-413)
Adopted Yeas — 4 Nays — 0
9. Resolution — 06-144 — Authorizing the Police Department to enter into an agreement with
ISD 4625 to provide services for the School Resource Officer Program (SRO) from
January 1 through December 31, 2006.
Adopted Yeas — 4 Nays — 0
10. Resolution — 06-145 — Authorizing the Department of Fire and Safety Services to enter
into a grant contract amendment for a timeline extension with the State of Minnesota for
the 2004 State Homeland Security Program Grant for a collapse structure rescue team.
Adopted Yeas — 4 Nays — 0
February 15, 2006 City Council Summary Minutes
Page 3
11. Resolution — 06-146 — Authorizing the Department of Fire and Safety Services to enter
into a grant contract amendment for a timeline extension with the State of Minnesota for
the 2004 State Homeland Security Program Grant.
Adopted Yeas — 4 Nays — 0
12. Resolution — 06-147 -- Granting preliminary approval for the issuance of bonds.
Adopted Yeas — 4 Nays — 0
13. Resolution — 06-148 — Amending the current year budget for adoption of the 2006 Capital
Maintenance Program recommendations.
Adopted Yeas — 4 Nays — 0
14. Resolution — 06-149 — Approving adverse action against the Massage Practitioner license
held by Emily A. Fergemann for the City of Saint Paul.
Adopted Yeas — 4 Nays — 0
15. Resolution — 06-150 •- Approving adverse action against the Auto Repair Garage license
application submitted by Miguel A. Carrillo Sanchez, d/b/a Carrillo's Auto Repair, 1118
7"' Street East
Adopted Yeas — 4 Nays — 0
16. Resolution — 06-151 — Approving adverse action against the Second Hand Dealer -Motor
Vehicle license held by Justin L. Vierling, d/b/a Justin's Auto Sales, 401 4t' Street East.
Adopted Yeas — 4 Nays — 0
17. Resolution — 06-152 -- Approving adverse action against the Taxicab Driver license held
by David Cornell James, Jr. for the City of Saint Paul.
Adopted Yeas — 4 Nays — 0
18. Resolution — 06-153 -- Approving adverse action against the Taxicab Vehicle license held
by Abdulkad.ir A. Raage, d/b/a Five Star Taxi, for the City
of Saint Paul.
Adopted Yeas — 4 Nays — 0
19. Resolution — 06-154 -- Expressing the City's intent to work with The Conservation Fund
to acquire property in the Highwood neighborhood for subsequent use as City park land.
Adopted Yeas — 4 Nays — 0
20. Resolution — 06-155 — Authorizing the Division of Parks and Recreation to undertake an
integrated Pest Management/Pesticide Program on City park property and post proper
notification.
Adopted Yeas — 4 Nays — 0
February 15, 2006 City Council Summary Minutes
Page 4
21. Resolution — 06-156 — Authorizing the Division of Parks and Recreation to accept and
solicit donations from individuals and organizations in support of the 2006 Parks Spring
Cleanup event and to use donations to purchase food and refreshments for staff and
volunteers.
Adopted Yeas — 4 Nays — 0
22. Preliminary Order — 06-157 — In the matter of improving the area referred to as the
Chatsworth/Goodrich RSVP bounded by Summit Avenue on the north, Lexington
Parkway on the west, Lombard Avenue on the south, and Victoria Street on the east, and
setting date of public hearing for April 5, 2006. (File No. 18976)
Adopted . Yeas — 4 Nays — 0
23. Resolution Approving Assessment — 06-158 — In the matter of the assessment of benefits,
cost and expenses for the installation of an above standard twin lantern lighting system on
West 7h Street from Munster Avenue to Madison Avenue, and setting date of public
hearing for April 5, 2006.
Adopted Yeas — 4 Nays — 0
FOR DISCUSSION
24. Progress report by Larry Soderholm, Department of Planning and Economic
Development, on Capitol Region Watershed District's Proposed Rules. (Report requested
by the City Council on December 14, 2005)
Ann Weber, Department of Public Works, provided a progress report. She noted that as a
result of the request of a number of entities, the Capitol Region Watershed District and the
Ramsey -Washington Watershed District formed a technical advisory committee. They are
about half -way through the process having held three meetings and two additional
meetings scheduled. Ms. Weber distributed. a handout listing the committee membership.
Council Requested that Public Works provide a follow-up report on April 12, 2006 with
recommendations on how the rules could be changed or amended; mapping out solutions
that achieve the goals and objectives for effectively dealing with storm water management
and setting a framework for moving forward.
25. Resolution - 05-933 - Approving Cultural Star Program for Cycle 12 - Science Museum.
(Laid over from January 18)
Councilmember Thune withdrew the resolution.
February 15, 2006 City Council Summary Minutes
Page 5
26. Resolution — 06-119 — Adopting the Phalen/Atlantic Amendment to the Phalen Corridor
Development Strategy Summary. (Adopted February 1, reconsidered and laid over
February 8)
Councilmember Bostrom moved approval.
Adopted Yeas — 6 Nays — 0
27. Resolution — 06-159 — Adopting amendments to the General Policy Statement for the
construction of the Saint Paul Skyway System.
Councilmember Thune presented two proposed changes to the resolution: 1) replacing
the language in Item 4 of the Planning Commission resolution with `Building owners are
required to use the uniform signage package for all directional signage throughout the
skyway system, and 2) All directional signage should be lit. Also, with reference to the
ADA standards on Page 8, there is reference to the Code of Federal regulations regarding
character height, finish and contrast with ADA standards.
Councilmember Thune moved approval.
Bill Buth, Building Owners and Managers Association (BOMA), appeared and said there
are building signage packages that were approved by the City and he asked if those will be
retained. There are buildings which have signs that are different from the "box signs."
They were approved by the City and a significant amount of money was spent on them.
Council President Lantry noted that the initial Planning Commission resolution gave
building owners 120 days to make all the changes and she questioned whether that was a
sufficient amount of time. She said it does not appeared to be addressed in this resolution.
Councilmember Thune responded that the resolution refers to the recommended changes
in the general policy statement.
Councilmember Thune moved to lay over one week.
Laid over to February 22 Yeas — 6 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITYLA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIKE AFTER PASSAGE BYTHE
COUNCIL AND 30 DAYS AFTER PUBLICATIONIN THE SAINT PAUL LEGAL LEDGER.
28. Final Adoption — 05-632 — An ordinance amending certain sections of Chapter 64 of the
Saint Paul Legislative Code pertaining to the regulation of advertising signs. (Laid over
from January 18)
February 15, 2006 City Council Summary Minutes
Page 6
Councilmember Benanav moved to introduce a substitute resolution and lay over one
week.
Substitute introduced and laid over to February 22
Yeas — 6 Nays — 0
29. Second Reading — 06-139 -- An ordinance amending Council File 05-637, an interim
ordinance adopted August 10, 2005, regulating official controls in a limited area within
Ward 7 subject to regulations set forth in Legislative Code Chapter 68: River Corridor
Overlay Districts.
Councilmember Thune moved to introduce a substitute ordinance Yeas — 6 Nays — 0
Substitute laid over to March 1 for third reading/public hearing
30. First Reading — 06-160 — An ordinance amending § 64.301 (a) of the Saint Paul
Legislative Code pertaining to the regulation of nonconforming signs by prohibiting
"billboard" extensions to nonconforming signs and old regulations pertaining to such
extensions under Legislative Code 301 (g).
Laid over to February 22 for second reading
31. First Reading — 06-161— An ordinance amending § 64.420 of the Saint Paul Legislative
Code by adding a new subdivision prohibiting the electrification or illumination of
advertising signs.
Laid over to February 22 for second reading
32. First Reading — 06-162 — An ordinance amending Chapter 64 of the Saint Paul Legislative
Code by adding a new section, Legislative Code § 64.421, which prohibits the
establishment of "roof signs."
Laid over to February 22 for second reading
33. First Reading — 06-163 — An ordinance memorializing City Council action granting the
application of Greater Frogtown CDC (Dale Street Townhomes) to rezone property at
608-613 Blair Avenue and 609 Lafond Avenue (east side of Dale Street between Lafond
and Van Buren Avenues) from R-4 (Single-family Residential) to TN2 (Traditional
Neighborhood). (Zoning File 05-193-681) (Public hearing held January 18, 2006)
Laid over to February 22 for second reading
(Suspension items were introduced at this time; see last page of minutes)
The meeting was recessed from 3:55 — 5:30 p.m.
Roll Call: Present — 6 Absent — 1 (Montgomery — excused)
February 15, 2006 City Council Summary Minutes Page 7
PUBLIC HEARINGS
34. Third Reading — 06-111 — An ordinance amending Chapter 60 of the Saint Paul
Legislative Code pertaining to zoning for the City of Saint Paul with changes to the zoning
maps for the Phalen/Atlantic area of the Phalen Corridor.
Penny Simison, Department of Planning and Economic Development, stated that this
ordinance was broken down into three separate ordinances on the advice of the city
attorney. They are numbers 35 through 37. The ordinances are the latest piece in the
Phalen/Atlantic effort between Earl Street and Johnson Parkway, mostly north of Phalen
Boulevard. The plan was put together by a community -based task force as well as by
Zoning. This plan, as well as other plans in the Phalen Corridor, emphasize brownfield
cleanup, light industry development and job creation. Ms. Simison said they put together
a new light industrial restricted zone so new light industry will be compatible with adjacent
uses — residential uses and non -industrial uses.
Staff is aware that the Ramsey County Health Department is concerned about the future of
the yard waste site. She assured the Council that there is nothing in the plan or the zoning
proposals that forces the County to cease operations of the site. The plan includes a
recommendation that the yard waste site be given a non -conforming use permit that
memorializes their existing operation. Ordinance 06-120 on this agenda enables them to
make adjustments to their existing operations by going through a conditional use process.
The community based task force and staff have tried to put together a mechanism that
would allow them to continue their operations for as long as they wish.
Councilmember Bostrom moved to close the public hearing Yeas — 6 Nays - 0
Laid over to February 22 for final adoption
Items 35 through 37 were discussed in tandem.
The following appeared to address the issues;
Mary Benton Hammel, 1199 East 7t` Street, spoke in favor but said there is apprehension
that with a non -conforming use and a conditional permit, things could rapidly change.
This is an amenity that the neighborhood values. This light industrial site will be in the
front yard of Phalen Park and in the front yard of new housing going in on the East Side.
She asked the Council to consider whether this is the best use of the land.
John Karas, owner of property at 940 Atlantic which is on the corner of Atlantic and the
Phalen Corridor, questioned if the moratorium that is on until March will be lifted and if he
can then build on the property at that time.
February 15, 2006 City Council Summary Minutes
Page 8
Ms. Simison responded that sometime before the moratorium was imposed last year, Mr.
Karas applied for a roll -off container facility — storage building. In the new proposed IR
light industrial restricted zone, that would not be permitted. There were two
considerations when the IR zone was put together. They wanted to make any new
development be compatible with adjacent non -industrial uses. They also wanted to make
sure that they included uses in the use list that would produce jobs.
Mr. Karas responded that the building would be only for parking trucks inside; there
would be no outdoor storage.
Chuck Repke, Executive Director, District 2 Community Council and Northeast
Development Corporation, said he was on the task force that worked on this issue. It was
a very open, very public, and very involved neighborhood process. In thinking about the
zoning changes, the best comparison to make is the Riverview Industrial Park; what are
the kinds of uses that are there. The group was envisioning the kind of businesses they
were trying to bring to the Phalen Corridor. The issue around Ramsey County yard waste
was an effort to try to be as accommodating to them as possible without making a yard
waste site a permitted use.
Monte Hilleman, Vice President of Redevelopment for the Saint Paul Port Authority,
stated that Port Authority staff participated in the Phalen/Atlantic Task Force that
generated the zoning recommendations. Many of the restrictions incorporated in the light
industrial zone are consistent with Port Authority covenants that the Port Authority
enacts on properties in their redeveloped brownfield business centers. They feel the
protections offered by the new IR district complement the work of the Port Authority
along the Phalen Corridor and they complement the investments of their business
customers along the Corridor and will help protect those investments and the community
in the long run. They have been successful in marketing properties with similar
restrictions. They do not believe the restrictions, the design standards, etc. will be
deterrents to the marketability of future redevelopment sites but rather will assist in
attracting investment into the area.
Rick Kramer, Planning Commissioner who co-chaired the task force, said that after the
task force finished its work, the Planning Commission's Neighborhood Committee
reviewed testimony that the Planning Commission received with regard to the Ramsey
County yard waste site and the roll -off container site. He said he feels they have reached
something that will work both with Ramsey County for their site and the City, and also to
allow the new IR district to be used in other areas of the City for redevelopment priorities.
With regard to the proposed roll -off container site, the Phalen Corridor Development
Strategy, which was adopted by the City many years ago, identified this area and other
areas around it as targets for industrial redevelopment. The plan before the Council is
consistent with the original strategy.
February 15, 2006 City Council Summary Minutes
Page 9
35. Third Reading -- 06-112 — An ordinance adopting amendments to the Saint Paul Zoning
Code creating the IR Light Industrial Restricted District.
(See discussion above)
Councilmember Bostrom moved to close the public hearing Yeas — 6 Nays — 0
Laid over to February 22 for final adoption
36. Third Reading — 06-120 — An ordinance amending a portion of Saint Paul Legislative
Code § 62.106 pertaining to the regulation of non -conforming uses of structures, or
structures and land in combination by adding a new subdivision (q) regulating existing
municipal yard waste sites in IR Light Industrial Restricted Districts.
(See discussion above)
Councilmember Bostrom moved to close the public hearing Yeas — 6 Nays — 0
Laid over to February 22 for final adoption
37. Third Reading — 06-121 — An ordinance amending a portion of Saint Paul Legislative
Code § 63.113 pertaining to the regulation of outdoor storage near residential districts and
uses by adding new language intended to regulate outdoor storage in IR Light Industrial
Restricted Districts within a specified distance of a park, a parkway. or a major
thoroughfare.
(See discussion above)
Councilmember Bostrom moved to close the public hearing Yeas — 6 Nays — 0
Laid over to February 22 for final adoption
38. Resolution — 06-164 — Approving adverse action against the Taxicab Driver license
application submitted by Lawrence J. Selb for the City of Saint Paul.
Rachel Gunderson, Assistant City Attorney representing the Office of LIEP, appeared and
stated this matter was for denial of a taxicab license due to too many moving violations.
The City's ordinances provide that more than four violations in the previous three years
disqualifies a person from eligibility for a license.
Lawrence Seib said he has been caught on speed traps driving 10 mph over the speed limit
and it's not that he's driving recklessly.
Councilmember Thune moved to close the public hearing Yeas — 6 Nays — 0.
Councilmember Bostrom moved approval.
Adopted Yeas — 6 Nays — 0
39. Resolution — 06-165 — Approving the petition of the Housing and Redevelopment
Authority to release the City's interest in property abutting the southeasterly portion of the
Wabasha Bridge in order to develop the land with new housing and businesses. (Vacation
File No. 12-2005)
February 15, 2006 City Council Summary Minutes
Page 10
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas — 6 Nays — 0
40. Resolution — 06-166 — Adopting the Summit Hill/District 16 Neighborhood Plan as an
addendum to the City's Comprehensive Plan.
Councilmember Thune moved to introduce a substitute resolution.
Yeas — 5 Nays — 0
Councilmember Thune read the changes into the record and Council President Lantry
stated the public hearing would be based on the new language.
Yang Zhang, Department of Planning and Economic Development, presented a staff
report. She stated that the Summit Hill Plan Summary has gone through a very long
process with a lot of involvement from the neighborhood as well as help from consultants
to help write the plan and do some of the technical work. The plan will replace the 1989
District 16 plan. She noted that the Planning Commission introduced the idea of rezoning
properties from B 1 and B2 on East Grand Avenue into TN2 district that will be able to
utilize the existing design guidelines in the TN district. The Planning Commission agreed
with the District 16 Community Council that there should be a maximum size for buildings
— footprints of 25,000 sq. ft., but they would like to introduce an exception for buildings
with a parking ramp on top of the building or certain levels of buildings with parking. The
Planning Commission recommended keeping the Rule of 5 on East Grand Avenue because
they thought it would be helpful for small businesses to change existing buildings.
Appearing in support of the resolution were the following:
Merritt Clapp Smith, Chair of the District 16 Planning Council;
Eduardo Barreda, President of Summit Hill Association, District Council 16;
Max Alberts, resident at 1299 Grand Avenue;
Shannon O'Toole, 223 South Avon Street;
Charlie Hardy, 1055 Lincoln, Avenue;
Nancy Braymeier (sp?), business owner at 917 Grand Avenue;
Appearing in opposition were the following:
Rob Stolpestad, Exeter Realty Company;
Matt Auran, Saint Paul Chamber of Commerce;
Jim Fritz, property owner of 1196 Grand Avenue;
Councilmember Thune moved to close the public hearing Yeas — 5 Nays — 0
(Bostrom not present)
February 15, 2006 City Council Summary Minutes
Page 11
Councilmember Thune thanked the many people who were involved in this process and
said there is still work to be done. The Parking PIan Task Force will come back with a
recommendation but they can begin to get the overlay district created. This is a good day
to step forward in the future of Summit Hill and Grand Avenue, he said.
Councilmember Thune moved approval of the substitute resolution.
Councilmember Harris also thanked the neighborhood and Merritt Clapp Smith for their
diligent work and the financial contribution they made.
Substitute adopted Yeas — 5 Nays — 1 (Harris)
41. Public hearing to consider the appeal of St. Anthony Community Council to a decision of
the Board of Zoning Appeals which determined that a proposed residential development at
2669 Territorial Road by JPI Development Services meets the definition of an apartment
building rather than a rooming house. (Zoning File 05-207033) (Public hearing continued
from February 1)
John Hardwick, Office of License, Inspections, and Environmental Protection (LISP),
presented a staff report. In reviewing the proposed project of JPI Development, the
Zoning Administrator determined that the housing meets the definition of a rooming
house. JPI appealed that decision to the Board of Zoning Appeals (BZA) asserting that
the housing was instead a multi -family apartment project. On December 19, 2005, the
BZA held a public hearing on the appeal. Staff and District 12 supported the Zoning
Administrator's decision that it meets the definition of a rooming house. After taking
testimony, the Board determined on a 4-3 vote that the Zoning Administrator erred and
that the proposed housing met the definition of an apartment building. St. Anthony
Community Council then appealed that decision.
Appearing in support of the appeal were the following:
Nina Axelson, Community Organizer with the St. Anthony Park Community Council,
stated that their original concern with the decision between rooming house and apartments
was based on a difference in parking requirements. They have since realized that the
difference in parking requirements is not significant enough to reduce the potential impact
of overflow parking. They believe that both the rooming house and apartment designation
provide insufficient parking for the potential 525 students that would be residing in the
complex. There would be about 225 parking spots available. They feel the Zoning
Administrator was correct in designating the project a rooming house.
John Dodson, member of the District 12 Community Council;
Ray Bryan, member of the District 12 Community Council;
February 15, 2006 City Council Summary Minutes
Page 12
Appearing in opposition to the appeal were Lance Hanna, representing JPI Development,
and Eric Galatz and Todd Phelps with Leonard Street and Deinard, the zoning counsel,
and David Jones, the general counsel for Hubbard Broadcasting, the current land owner.
It was stated that the 60 day rule by State Statute had expired 60 days after November 8,
2005 and the 60-day extension to hear this matter further, went on longer. They talked
about the merits of the development and why, in the zoning language, they are not
building rooming units but are building bedrooms inside dwelling units. Seven
developments like this have been built in the City of Minneapolis and some in St. Cloud
and Mankato under the same type of development as they are proposing. None of those
have been treated as a rooming house.
Jerry Hendrickson, Assistant City Attorney, said the Attorney's Office believes the 60
days runs at the time of the Zoning Administrator's decision. The developer takes a
position that it comes at the time when they first ask the question. He said he did not see
the Council making a decision based on whether or not the 60-day rule is or isn't going to
be applicable but rather the Council would look at the basic underlying issues.
Todd Phelps stated that the City Council should reject the appeal because the St. Anthony
Community Council failed to file the appeal within ten days of the BZA decision. On
December 13, 2005, 25 days after the BZA had made its decision, the SAPCC filed its
appeal. During that 25-day period, JPI, believing the use determination had been resolved
in its favor, spent many hours and thousands of dollars in legal, architectural, engineering,
surveying, and traffic study fees in order to prepare and file its petition to amend the
zoning code for rezoning its application for site plan review and subdivision preview
application.
Eric Galatz show slides and explained the project.
Lance Hanna said they did an analysis of rooming houses in St. Paul and of the 33, the
average age is 84 years old. The average assessed value is $51 per square foot and JPI's
proposed development cost is $195 per square foot — about a $33 million property.
Twelve people share a bathroom in the average rooming house in St. Paul. JPI's would be
two or four depending on a two- or four -bedroom unit. The same would be for the
kitchen and living room.
Councilmember Benanav moved to close the public hearing Yeas — 5 Nays — 0
Councilmember Benanav moved to lay over one week and asked the developer if they
would agree to not tack on the one week to any claim they may have to the 60-days.
Jerry Hendrickson reiterated that Mr. Galatz said they had a dispute when the 60 days
start and without waiving any rights to claim when the 60 days began they are amenable to
February 15, 2006 City Council Summary Minutes
Page 13
a two -week layover without prejudicing the City's rights of saying they want to extend the
60 days. Mr. Galatz agreed to the layover.
Public hearing held, closed, and laid over to February 22 in order to try to resolve some
issues. Yeas — 6 Nays — 0
42. Final Order — 06-167 — In the matter of improving Londin Lane from Burlington Road to
McKnight Road by constructing a new bituminous surfaced street with concrete curb and
gutter, concrete driveway aprons, boulevards landscaped with sod and trees, installation of
a lantern style street lighting system, construction of a new storm sewer system,
construction of a sidewalk on the south side of Londin Lane and all other work necessary
to complete the project. (File No. 19020)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Adopted Yeas — 6 Nays — 0
43. Final Order — 06-168 --- In the matter of improving Burlington Road from Totem Road to
Totem Road by constructing a new bituminous surfaced street with concrete curb and
gutter, concrete driveway aprons, boulevards landscaped with sod and trees, installation of
a lantern style street lighting system, construction of a new storm sewer system, and all
other work necessary to complete the project. (File No. 19019)
Council President Lantry presented amended language.
Appearing in opposition were the following:
Bob Jones, 365 Totem Road;
Henry Hack, 361 Burlington Road;
Carol Voelkers, 380 Burlington Road; and
Kirsten Obermeyer, 351 Burlington Road
Appearing in support were the following:
Mervyn Fleischhacker, 343 Burlington Road;
Joe Marone, 413 Burlington Road;
Sigrid Johnson, 300 Burlington Road;
Rebecca Kullman, 348 Burlington Road; and
Torn Cran, 293 Burlington Road
Councilmember Thune moved to close the public hearing Yeas — 6 Nays — 0
February 15, 2006 City Council Summary Minutes
Page 14
Council President Lantry asked Dan Haak, Public Works, if they could work so as to
protect the trees.
Mr. Haak responded that they work closely with Forestry. They are presently doing the
design and they will have Forestry look at the plans and walk the project. Council
President Lantry said she wants to make sure that is part of the project.
Councilmember Thune moved approval as amended..
Adopted as amended Yeas — 6 Nays — 0
44. Final Order -- 06-169 — In the matter of constructing an above standard twin lantern street
lighting system on White Bear Avenue from approximately 140 feet south of Beech Street
to approximately 140 feet north of Reaney Avenue. (File No. 19021)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval. Adopted Yeas — 6 Nays — 0
45. Resolution Ratifying Assessment — 06-170 — In the matter of the assessment of benefits,
cost and expenses for tenant remedy action rehabilitation for properties during November
2005. (File No. TR0504)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval. Adopted Yeas — 6 Nays — 0
46. Appeal of Gregory Boston to a Notice of Condemnation and Order to Vacate property at
711 Edmund Avenue. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and deny the appeal.
Appeal Denied Yeas — 6 Nays — 0
47. Resolution Ratifying Assessment — 06-171 — In the matter of the assessment of benefits,
cost and expenses for removing diseased elm trees from private property in spring 2005
(0501T1); towing abandoned vehicles from private property during June, July, and
August, 2005 (J0504VI); and demolition of vacant building at 1265 Stanford Avenue
during September 2005 (J0504C1) (Laid over from February 1) (Legislative Hearing
Officer recommendg the following:
271 Colborne Street (0501T) — reduce the assessment from a total of $1,598.04
to a total of $1,200.00;
800 Como Avenue (0501T) — approve assessment;
81.4 Hague Avenue (0501T) — (recommendation is forthcoming) lay over to the
February 28 Legislative Hearings and March 1 City Council Hearings;
February 15, 2006 City Council Summary Minutes
Page 15
871 Hamline Avenue North (0501T) — lay over to the February 21 Legislative
Hearings and the March 1 City Council Hearings;
104 Hatch Avenue (050IT) — reduce the assessment from a total of $2,170.21
to a total of $1,500.00;
898 Juno Avenue (0501T) — lay over to the February 21 Legislative Hearings
and the March 1 City Council Hearings;
686 Minnehaha Avenue West (J0504V) — lay aver- to the F eb . iar- y 14 Legislative
approve the assessment and
spread payments over five 5years,•
431 St. Clair Avenue (0501T) — reduce the assessment from a total of $1,189.34
to a total of $800.00;
393 Sherburne Avenue (0501T) — lay over to the February 21 Legislative Hearings and the
March 1 City Council Hearings;
1265 Stanford Avenue (J0504V) — approve assessment;
1265 Stanford Avenue (J0504C) — approve assessment;
267 Thomas Avenue (0501T) — lay over to the February 21 Legislative Hearings and the
March 1 City Council Hearings; and
763 Thomas Avenue (0501 T) — lay over to the February 21 Legislative Hearings and the
March 1 City Council Hearings)
Marica Moermond, Legislative Hearing Officer, provided a recommendation for 814
Hague Avenue and a change to 686 Minnehaha Avenue West as noted above.
No one appeared in opposition; Councilmember Thune moved approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas — 6 Nays — 0
48. Resolution Ratifying Assessment — 06-182 — In the matter of the assessment of benefits,
cost and expenses for boarding up vacant buildings during October 2005 (J0506B);
providing weekly garbage hauling service for the third quarter of 2005 (JO5T3Q); and
summary abatements (property cleanup) during August, September, and October 2005
(J0505A). (Legislative Hearing Officer recommends the following;
229 Bates Avenue (J0505A) - reduce the assessment from a total of $483.00 to a total of
$300.00;
1139 Beech Street (J0505A) -reduce the assessment from a total of $333.00 to a total of
$225.00;
1744 Blair Avenue (J0505A) - lay over to the February 44 28 Legislative Hearings
and the February March 1 City Council Hearings;
1067 Bradley Street (J0505A) — approve the assessment;
992 Carroll Avenue (J0505A) - reduce the assessment from a total of $368.00 to a
total of $184.00;
795 Central Avenue West (J0505A) - approve the assessment;
923 Central Avenue West (J0505A) - delete the assessment;
February 15, 2006 City Council Summary Minutes
Page 16
306 Charles Avenue (J0505A) - approve the assessment;
944 Charles Avenue (J0505A) - delete the assessment;
882 Clear Avenue (J0505A) - approve the assessment;
1924 Fifth Street East (J0505A) - approve the assessment;
694 Fourth Street East (J0505A) - l^ ever to the Fed..,... r- i ^ Legislative Ne., -i a
x..aJr i µµ; Y 1 T
t delete the assessment;
1074 Euclid Street (J0505A) - approve the assessment;
767 Fourth Street East (J0505A) - approve the assessment and spread the payments over
five years;
926 Fuller Avenue (J0505A) -
delete the assessment (City Council recommendation);
966 Fuller Avenue (J0505A) - delete the assessment;
1935 Fremont Avenue (J0505A) - approve the assessment;
1954 Fuller Avenue (J0505A) - delete the assessment;
942 Galtier Street (J05T3Q) - approve the assessment;
528 Harrison Avenue (J0505A) - delete the assessment;
1496 Ivy Avenue East (J0505A) - approve the assessm&,nt lay over to the February
21 Legislative Hearings and the March 1 City Council Hearings-,
1872 Ivy Avenue East (J0505A) - approve the assessment;
1919 Jefferson Avenue (J0505A) - approve the assessment and spread the payments over
three years;
1361 Lafond Avenue (J0505A) - reduce the n4 4e ^ total of $35 1.00 l
VµµVV 41LV NJn�
$200.00; delete the assessment (City Council recommendation);
1154 Lane Place (J0505A) - approve the assessment;
856 Magnolia Avenue „East (J0505A) - approve the assessment;
986 Maryland Avenue „East (J0505A) - approve the assessment;
1909 Montreal Avenue (J0505A) - approve the assessment;
1136 Reaney Avenue (J0505A) - reduce the assessment from a total of $333.00
to a total of $50.00;
1885 Seventh Street East (J0505A) - approve the assessment;
790 Sherburne Avenue (J0505A) - lay over to the February 14 Legislative Hearings and
the Februaf5,15 March 1 City Council Hearings;
936 Sherburne Avenue (J0505A) approve the assessment;
1281 Sherburne Avenue (J0505A) - delete the assessment;
694 Sims Avenue (J0505A) - approve the assessment;
892 Sims Avenue (J0505A) - reduce the assessment from a total of $370.00
to a total of $174.00;
929 Sixth Avenue East (J0505A) - approve the assessment;
915 St. Anthony Avenue (J0505A) - delete the assessment;
1204 University Avenue West vacant lot (J0505A) - lay over to the February 14
Legislative Hearings and the February 15 March 1 City Council Hearings; and
2274 University Avenue West (J0505A) - delete the assessment)
February 15, 2006 City Council Summary Minutes
Addresses from February 14 Legislative Hearing:
Page 17
611 Blair Avenue (J0505A) - approve the assessment;
150 Case Avenue (J505A) - approve the assessment;
800 Como Avenue (J0505A) - approve the assessment;
910 Conway Avenue (J0505A) - approve the assessment;
788 Da. on Avenue (J0505A) - delete the assessment;
1920 Feronia Avenue (J0505A) - lay over to the February 28 Legislative Hearings and the
March 1 City Council Hearings;
1956 Feronia Avenue (J0505A) - lay over to the March 7 Legislative Hearings and
the March 15 City Council Hearings;
1751 Fourth Street East (J0505A) - approve the assessment;
726 Fuller Avenue (J0505A) - reduce the assessment from a total of $320.00 to a total of
$200.00 and spread the payments over two years;
745 Fuller Avenue (J0505A) - lay over to the February 21 Legislative Hearings and the
March 1 City Council Hearings;
942 Galtier Street (J05T3Q) - approve the assessment;
942 Galtier Street (J0505A) - delete the assessment;
1304 Galtier Street (J0505A) - delete the assessment;
785 Hawthorne Avenue East - approve the assessment;
1085 Jackson Street (J0505A) - delete the assessment;
63 Jessamine Avenue West - reduce the assessment from a total of
$1,069.00 to a total of $534.50;
52 King Street East, (J0505A) - approve the assessment;
936 Lafond Avenue (J0505A) - lay over to the February 21 Legislative Hearings and the
March 1 City Council Hearings;
1191 Marion Street (J0505A) - reduce the assessment from a total of $220.00 to a
total of $110.00;
271 Maryland Avenue West - lay over to the February 21 Legislative Hearings and
the March 1 City Council Hearings;
1144 Matilda Street (J0505A) - approve the assessment;
1208 Minnehaha Avenue West - approve the assessment;
1768 Norfolk Avenue (J0505A) - approve the assessment;
1041 Park Street (J0505A) - delete the assessment;
1885 Seventh Street East - lay over to the February 28 Legislative Hearings and the
March 1 City Council Hearings;
651 Sherburne Avenue - approve the assessment;
711 Sherburne Avenue -approve the assessment;
708 Simon Avenue - lay over to the February 28 Legislative Hearings and the March 1
City Council Hearings;
515 Snelling Avenue North - approve the assessment;
947 S lvan Street - lay over to the March 7 Legislative Hearings and the March 15 City
Council Hearings;
February 15, 2006 City Council Summary Minutes
Page 18
1775 Thomas Avenue - approve the assessment lay over to the March 1 City
Council Hearings (City Council recommendation);
Vacant Lot - 1204 University, Avenue West - lay over to the February 28 Legislative
Hearings and the March 1 City Council Hearings;
964_Woodbridge Street - delete the assessment;
1068 Woodbridge Street - delete the assessment; and
1666 York Avenue - delete the assessment.
Additional Address:
1028 Ross (J0505A) - lay over to the February 28 Legislative Hearings and the
March 15 City Council Hearings;
Marcia. Moermond, Legislative Hearing Officer, provided revised recommendations which
are underlined above.
Marcia Moermond reported that 926 Fuller Avenue was an order for cleanup of the
property. The cleanup was done by the City on September 1, 2005. This was primarily a
door that was propped up against the side of the garage. The property was otherwise well
maintained. Mr. Christian Newton is a new owner of the property.
Christian Newton, 926 Fuller Avenue appeared. He stated the old garage door and metal
conduit were placed on the side of the garage to be taken to an upcoming "neighborhood
cleanup" site. However, the City removed it from his property prior to the neighborhood
cleanup.
Councilmember Thune moved to delete the assessment.
Ms. Moermond stated that 1361 Lafond Avenue involves home improvement activity and
there was construction debris by the garage. The City mailed a notification on August 18,
2005 and the cleanup was done on August 26, 2005. Lyle Hall, the property owner,
maintained that he bad pulled building permits but it was not legal storage so Ms.
Moermond recommended decreasing the assessment from $351.00 to $200.00.
Lyle Hall, 1361 Lafond Avenue, stated that a complaint had been made by someone that
there were too many people living in the house. An inspection was done and it was found
he was not in violation for the number of people but he was cited for allowing someone to
sleep in the basement without an egress window. He was given 30 days to put in an
egress window, he took out the permit on August 18, and he thought the video of his yard
was taken on August 26.
Councilmember Benanav moved to delete the assessment because the permit had not
expired.
February 15, 2006 City Council Summary Minutes
Page 19
Regarding 694 Sims Avenue, Ms. Moermond said summary abatement orders were issued
on August 30, 2005, a recheck was done on September 16 and the cleanup was done by
the City on October 3. The owner of the property, Mr. Hamilton, indicated that he had
not received notice. Ms. Moermond determined that a number of notices had been
received by Mr. Hamilton in the past on this property and there was no returned mail to
Code Enforcement. One month had elapsed between the notification and the actual
cleanup so she recommended approval of the assessment in the amount of $684.00.
Mr. Hamilton, owner of 694 Sims, appeared. He had three complaints which he said were
all dated prior to the time of the cleanup. One was an inspection on August 29, 2005,
mailed on August 30 with a required cleanup date of September 6 which he said was done.
He said he has a fill -time service person and his properties are maintained.
Councilmember Bostrom moved to close the public hearing Yeas -- 6 Nays — 0.
Councilmember Bostrom moved approval as amended.
Adopted as amended Yeas — 6 Nays - 0
Suspension Items
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas — 6 Nays — 0
Resolution — 06-183 — Authorizing the City Attorney's Office to apply for a grant from
the U.S. Department of Justice, Office on Violence Against Women, and partner with the
Minnesota Network on Abuse in Later Life, the Police Department, Saint Paul
Intervention Project and Elder Care Rights Alliance.
Councilmember Thune moved approval.
Adopted Yeas — 6 Nays — 0
Councilmember Thane moved suspension of the rules to introduce the following resolution:
Yeas — 6 Nays — 0
Resolution — 06-184 — Amending Council File 05-637, an interim ordinance, to allow
Elizabeth Irish to replace the garage roof on her property at 674 Point Douglas Road
South.
Councilmember Thune moved approval.
Adopted Yeas — 6 Nays — 0
February 15, 2006 City Council Summary Minutes Page 20
Councilmember Thune moved mspension of the rules to introduce the following resolution:
Yeas — 6 Nays — 0
Resolution — 06-185 — Waiving the 15-day notice requirement for issuance of
on -sale liquor over 200 seats, Sunday on -sale liquor, and liquor on -sale 2:00 a.m. closing
licenses for Matty B's Supperclub, 354 Wabasha Street North.
Co-uncilmember Thune moved approval.
Adopted Yeas — 6 Nays — 0
Councilmember Helgen moved to adjourn the meeting Yeas — 6 Nays — 0.
ADJOURNED AT 8:00 P.M.
is
Kathy Lantry, Council President
ATTEST:
April 5, 2006
Minutes approved by Council
Mary cksi
Assistant Council Secretary
Submitted by:
Mary Erickson
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