1473_m_city_council_10-12-15_minutes_-_final
City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Minutes -Final City Council Council President Kathy Lantry Councilmember Dan Bostrom Councilmember
Melvin Carter III Councilmember Pat Harris Councilmember Lee Helgen Councilmember Russ Stark Councilmember Dave Thune Wednesday, December 15, 2010 3:30 PM Council Chambers -3rd Floor
ROLL CALL The meeting was called to order by Council President Lantry at 3:30 p.m. Councilmember Dan Bostrom, Councilmember Melvin Carter III, Councilmember Pat Harris, Councilmember
Lee Helgen, City Council President Kathy Lantry, Councilmember Dave Thune and Councilmember Russ Stark Present 7 -COMMUNICATIONS & RECEIVE/FILE 1 CO 10-19 Letters from the Department
of Safety and Inspections declaring 686 Bradley Street, 697 Bradley Street, 472 Concord Street, 579 Lexington Parkway South, 1070 McLean Avenue, and 49 Wyoming Street West as nuisance
properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 49 Wyoming.ota.pdf 472 Concord.pdf 579 Lexington.pdf 697 Bradley.ota.pdf
1070 McLean.ota.pdf 686 Bradley.pdf Attachments: Received and Filed 2 AO 10-18 Adjusting the 2010 Fire Department Budget. Attachments: Financial Analysis AO 10-18.pdf Received and Filed
City of Saint Paul Page 1
City Council Minutes -Final December 15, 2010 CONSENT AGENDA NOTE: ALL ITEMS LISTED UNDER THE CONSENT AGENDA WILL BE ENACTED BY ONE MOTION, WITH NO SEPARATE DISCUSSION. IF DISCUSSION
ON AN ITEM IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. City of Saint Paul Page 2
City Council Minutes -Final December 15, 2010 Approval of the Consent Agenda Item 9 was withdrawn. Items 3, 23 and 28 were removed from the Consent Agenda for separate consideration.
Item 23 was laid over for one week. Councilmember Helgen moved approval of the Consent Agenda as amended. Consent Agenda adopted as amended Yea: Councilmember Bostrom, Councilmember
Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 4 RES 10-1574 Approving the Mayor's appointment
of Michelle Furrer to serve on the Carousel Board. Adopted 5 RES 10-1576 Approving the Mayor's appointment of Frederick Owusu to serve on the Civil Service Commission. Adopted 6 RES
10-1579 Approving the Mayor's appointment of Jake Spano to serve on the Minnesota Landmarks Board. Adopted 7 RES 10-1571 Approving the Mayor's appointments of Cynthia Frances, Elizabeth
Mische, Joann Ellis, Sonja Larson Moore, Therese Buckley, Amy Moser, and Michael Ryan; and reappointments of Dennis Sohlstrom, Harriet Mednick, Parthenia Swynigan, and Aine Bebeau to
serve two year terms on the Mayor's Advisory Committee on Aging. Adopted 8 RES 10-1572 Approving the Mayor's appointments of Celine Vang, Jennifer Diderich, Lind Omps, Thomas Hern, Betty
Konder, Kari Sheldon, Lou Michaels, Jeremy Damsgard, Barritt Lovelace and Amy Long; and reappointments of Sister Mary Frances Benz, Michelle Bergman, Scott Coleman, Mark Hughes, Jean
LaClare, Keith Arnold Schmalzbauer, and James Thayer to serve on the Mayor's Advisory Committee on People with Disabilities. Adopted City of Saint Paul Page 3
City Council Minutes -Final December 15, 2010 9 RES 10-1573 Approving the Mayor's appointments of Avinash Viswanathan and Tara Garman Erickson; and reappointments of Jacob Dorer, Diane
Gerth, Michael Steward, Becca Hine, Debra Jessen, Mark Miazga, David Pinto, Gene Olson, and Gary Unger to serve on the Long Range Capital Improvement Budget Committee. Withdrawn 10 RES
10-1582 Approving the Mayor's appointments of Scott Dunnigan, Remi Stone and Morgan Kavanagh; and reappointments of Stephanie Alstead, Jerey Beedle, Michael Moser, Bob Nardi, Michael
DeTomaso and Jim Reiter to serve on the Saint Paul Truth in Housing Board. Adopted 11 RES 10-1583 Approving the Mayor's appointment of Steven Thao and reappointment of Gladys Morton
to serve on the Board of Zoning Appeals. Adopted 12 RES 10-1575 Approving the Mayor's reappointment of Donald Grundhauser to serve on the Capitol Area Architectural Planning Board. Adopted
13 RES 10-1584 Approving the Mayor's reappointments of Alice Hausman and Tim Mahoney to serve on the Saint Paul Riverfront Corporation. Adopted 14 RES 10-1585 Approving the Mayor's reappointments
of Todd Axtell and Mary Jo Woolf to serve on the RiverCenter Visitors Authority. Adopted 15 RES 10-1540 Approving adverse action against all licenses held by Pappy's Chicago Style Eatery,
Inc. d/b/a Pappy's Gyros located at 1783 Maryland Avenue East in Saint Paul. Notice of Violation.pdf Request for License Adverse Action.pdf Resolution #09-1379 dated December 16th 2009.pdf
LIEP Customer Transition Detail Report.pdf Minn. Admin. Rules part 4626.0395.pdf Minn. Admin. Rules part 4626.1110.pdf SPLC Section 310.05.pdf Attachments: Adopted City of Saint Paul
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City Council Minutes -Final December 15, 2010 16 RES 10-1524 Approving adverse action against all licenses held by AM PM Gas d/b/a Marathon Market located at 719 Payne Avenue in Saint
Paul. Notice of Intent to Suspend Licenses.pdf LIEP Customer Transaction Detail Report.pdf Attachments: Adopted 17 RES 10-1525 Approving adverse action against the Cigarette/Tobacco
license held by AM PM Gas d/b/a Marathon Market located at 719 Payne Avenue in Saint Paul. Notice of Violation.pdf Tobacco Compliance Check Purchase Form.pdf LIEP Customer Transaction
Detail Report.pdf Minn.Stat. Section 609.685 (2009).pdf SPLC Section 324.07.pdf SPLC Section 324.11.pdf Attachments: Adopted 18 RES 10-1523 Approving adverse action against all licenses
held by Jerry Castillo d/b/a Amigos Auto Center & Sales located at 1445 Arcade Street in Saint Paul. Notice of Violation.pdf License Group Conditions Text.pdf Memo and photographs dated
August 25th 2010.pdf SPLC Section 310.05.pdf Attachments: Adopted 19 RES 10-1511 Approving a declaration affecting a section of Phalen Boulevard ROW, and the underlying Ramsey County
Regional Rail Authority property, which was reconstructed for access to the Baldinger Bakery site. Attachments: Exhibit A.pdf Adopted 20 RES 10-1396 Accepting a grant awarded by the
United States Department of Justice -Office of Justice Programs in the sum of $250,000.00 for the purpose of enhancing the City's outdoor warning siren system and controls. FY09 Department
Justice Grant Agreement Financial Analysis 10-1396.pdf Attachments: Adopted 21 RES 10-1489 Authorizing the Saint Paul Fire Department to accept the donation of $300.00 from the Residential
Mortgage Group (RMG) Inc. Attachments: RMG Donation November 2010 Adopted City of Saint Paul Page 5
City Council Minutes -Final December 15, 2010 22 RES 10-1498 Approving the 2011 Rules & Regulations for the Department of Parks and Recreation. 2011 Rules and Reg Brochure.pdf Rules
& Regulations 2011-Edits.pdf Attachments: Adopted 23 RES 10-1485 Authorizing the City Attorney to retain the law firm of Miller and Van Eaton to represent the City in matters of cable
television franchising, telecommunications and other specialized areas as necessary. Attachments: Agreement Between the City of Saint Paul and Miller Van Eaton P.L.L.C. Laid Over to
December 22 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark
7 -Nay: 0 24 RES 10-1494 Approving the use of Neighborhood STAR Year-Round Loan Program Funds for a project in Ward 6. Attachments: Payne Maryland STAR 175K.xls Adopted 25 RES 10-1360
Preliminary Order setting date of public hearing for January 5, 2011 to acquire property rights along Maryland Avenue East immediately east and west of Clarence Street for the Phalen
Village Left Turn Lanes project. Exhibit A -Legal Descriptions.pdf Exhibit B -Depiction of parcels affected.pdf General Map of Area.pdf Summary of Engineering Recommendations.pdf Attachments:
Adopted 26 RES 10-1481 Setting date of public hearing for January 5, 2011 to ratify the assessment of benefits, cost and expenses for a fire protection system on the 3rd and 4th floor
of the Lowry Square, located at 345 Wabasha Street. File No. FP2010-03 Assessment No. 105132 Adopted 27 RES 10-1486 Setting date of public hearing for January 5, 2011 to ratify the assessment
of benefits, cost and expenses for a fire protection system at Hamernick Decorating located at 1381 N. Rice Street. File No. FP2010-04 Assessment No. 115135 City of Saint Paul Page 6
City Council Minutes -Final December 15, 2010 Adopted FOR DISCUSSION 29 CO 10-12 Presentation of accreditation plaque to Como Zoo by Jim Maddy, President and CEO of the Association of
Zoos and Aquariums. Michelle Furrer, Como Campus Director, briefly described the accreditation process, and introduced Jim Maddy from the Association of Zoos and Aquariums. Mr. Maddy
presented the accreditation plaque and certificate to Mayor Coleman. Mayor Coleman expressed his pride in the zoo, appreciation for the recognition, and thanks to staff. Mr. Maddy spoke
about the rigorous accreditation process and requirements, and expressed his appreciation and congratulations. Received and Filed 3 RES 10-1590 Designating December 15, 2010 as Joan
Trulsen Day in the City of Saint Paul, Minnesota. Council President Lantry invited Ms. Trulsen to the podium and read the resolution. Ms. Trulsen made brief comments. Council President
Lantry moved approval. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and
Councilmember Stark 7 -Nay: 0 28 RES 10-1602 Approving the City of Saint Paul's 2011 Legislative Agenda. Councilmember Helgen said changes or modifications might still be necessary but
the Legislative Agenda would provide a good basis for the lobbying team. He thanked Wendy Underwood and Sarah Erickson for their hard work on developing the agenda, and Ann Olson from
his staff for her work in preparing it for Council. He asked whether any amendments were desired. Councilmember Helgen moved approval. Adopted Yea: Councilmember Bostrom, Councilmember
Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 30 RES 10-1120 Authorizing Right-of-Way Maintenance
for 2011. Attachments: 2011 Right of Way Scope of Work -Revised 10-27-10.pdf City of Saint Paul Page 7
City Council Minutes -Final December 15, 2010 Councilmember Helgen said snow removal came out of the Right of Way fund, and he suspected the Council might want to revisit that in light
of the recent snow events and after an assessment was made of how much was really spent. He expressed appreciation for the hard work of Public Works staff. Councilmember Helgen moved
approval. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember
Stark 7 -Nay: 0 31 RES 10-1126 Establishing the 2011 Residential Street Vitality Program Assessment Rates. Attachments: 2011 St. Improvement Special Assessment Bonds .pdf Councilmember
Thune moved approval. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and
Councilmember Stark 7 -Nay: 0 32 RES 10-1115 Setting the recycling service fee for 2011 and allowing Public Works to request $597,750 in SCORE grant funds from Ramsey County to support
the curbside recycling program under contract with Eureka Recycling. Councilmember Carter moved approval. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember
Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 33 RES 10-1043 Setting the 2011 Sanitary Sewer and Storm Sewer Rates.
Councilmember Harris moved approval. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember
Thune and Councilmember Stark 7 -Nay: 0 34 RES 10-1108 Establishing the Water Rates for 2011. City of Saint Paul Page 8
City Council Minutes -Final December 15, 2010 Council Resolution SPRWS-2011 rate fiscal impact.pdf Attachments: Councilmember Harris moved approval. Adopted Yea: Councilmember Bostrom,
Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 35 RES 10-1464 Approving the
Saint Paul Regional Water Services 2011 Budget. RES 10-1464-Attachmt 1.pdf RES 10-1464-Attchmt #2.pdf RES 10-1464 SPRWS Budget Tracker 120910.pdf Attachments: Councilmember Harris moved
approval. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember
Stark 7 -Nay: 0 36 RES 10-1534 Approving the Saint Paul RiverCenter Convention and Visitors Authority 2011 Budget RCVA Budget Adoption -Resolution 10-007 .pdf RCVA Budget Tracker RES
10-1534 RCVA Budget Tracker 120910.pdf Attachments: Councilmember Bostrom moved approval. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember
Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 Councilmember Bostrom moved that the Council meeting recess. Meeting recessed Yea: Councilmember
Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 City of Saint Paul
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City Council Minutes -Final December 15, 2010 The Council reconvened as the Housing and Redevelopment Authority and as the Public Library Agency to adopt their budgets. (See separate
minutes for those meetings.) 37 RES 10-1273 Adopting the 2011 HRA Budget and Property Tax Levy. Res10-1273FinancialAnalysis.pdf HRA Budget Tracker RES 10-1273 HRA Budget Tracker Council
120910.pdf Attachments: Councilmember Thune moved approval. (This Council action on the HRA budget was taken out of order at the beginning of the public hearings portion of the meeting.)
Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7
-Nay: 0 38 RES 10-1536 Approving and Adopting the Saint Paul Public Library Agency Budget. Library Budget Tracker RES 10-1536 Library Budget Tracker Council 120910.pdf Attachments: Councilmember
Harris moved approval. (This Council action on the Public Library Agency budget was taken out of order at the beginning of the public hearings portion of the meeting.) Adopted Yea: Councilmember
Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 Council President
Lantry reconvened the meeting of the City Council. Meeting reconvened ROLL CALL Councilmember Dan Bostrom, Councilmember Melvin Carter III, Councilmember Pat Harris, Councilmember Lee
Helgen, City Council President Kathy Lantry, Councilmember Dave Thune and Councilmember Russ Stark Present 7 -39 RES 10-1537 Approving the 2011 City Tax Levy. City of Saint Paul Page
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City Council Minutes -Final December 15, 2010 Attachments: RES 10-1537 -Financial Analysis (City Tax Levy).pdf Councilmember Carter moved approval. Adopted Yea: Councilmember Bostrom,
Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 40 RES 10-1474 Adopting the
2011 Budgets. City Budget Tracker RES 10-1474 City Budget Tracker 120910.pdf Attachments: Councilmember Stark moved approval. Adopted Yea: Councilmember Bostrom, Councilmember Carter
III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 41 RES 10-1597 Adopting the 2011 Dollar List and
Policy Plan. Dollar List Dollar List Draft Attachments: Councilmember Harris moved approval. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember
Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 ORDINANCES An ordinance is a city law enacted by the City Council. It is read at four separate
council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Legal Ledger. Public heaings on ordinances are held at the third reading.
First Reading 42 Ord 10-59 An ordinance amending Appendix G. Energy Park Utility Company Franchise -Port Authority of the Saint Paul Legislative Code pertaining to the Energy Park Utility
Company (EPUC) franchise agreement. City of Saint Paul Page 11
City Council Minutes -Final December 15, 2010 Ord 10-59 -EPUC Franchise Agreement -Financial Analysis.pdf Ord 10-59 -EPUC Francise Agreement (Clean).pdf Ord 10-59 -EPUC Francise Agreement
(Redline).pdf Attachments: Laid over to December 22 for second reading 43 Ord 10-60 An ordinance creating election rules for municipal elections under ranked-choice voting. (Public hearing
held January 5 and continued to January 19.) Elections Staff Ordinance Recommendations.pdf Ordinance language with annotations.doc Attachments: Councilmember Helgen said he felt some
of the language was unclear and "archaic," and that the Council would benefit from a briefing and the opportunity to make changes to the language prior to the public hearing. Councilmember
Stark said it was his expectation that the public hearing might be moved back to allow time for type of things Councilmember Helgen was suggesting. Council President Lantry suggested
holding a working policy session separate from and prior to the public hearings. Councilmember Thune said the ordinance was "daunting" and suggested that someone be hired to draft a
layperson's guide for voters. Councilmember Bostrom agreed that it was complicated. Councilmember Stark said input from Ramsey County Elections would be important, but because of the
timing of the issue and the recount currently taking place, they had just begun to get comments back from Ramsey County. He suggested a January 5 morning work session, and said he had
been telling people the public hearing would probably not take place on January 5. He said there was money in the 2011 budget for training. Laid over to December 22 for second reading
SUSPENSION ITEMS Councilmember Carter moved suspension of the rules to introduce the following resolution: Rules Suspended Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember
Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 RES 10-1633 Authorizing the Department of Parks and Recreation to accept
donations from community partners for a community gathering to be held at the Oxford Community Center and Jimmy Lee Rec Center on Saturday, December 18, 2010. Councilmember Carter moved
approval. City of Saint Paul Page 12
City Council Minutes -Final December 15, 2010 Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry,
Councilmember Thune and Councilmember Stark 7 -Nay: 0 Councilmember Bostrom moved suspension of the rules to introduce the following item: Rules Suspended Yea: Councilmember Bostrom,
Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 RES 10-977 Preliminary Order
to establish public hearing date for Final Order to acquire property rights at 1190 and 1194 Payne Avenue for the Payne/Maryland Intersection Widening/Channelization project Map1.pdf
Map2.pdf Summary of Engineering Recomms.pdf Attachments: Councilmember Bostrom moved approval. Adopted City of Saint Paul Page 13
City Council Minutes -Final December 15, 2010 Council President Lantry acknowledged the amount of time and work that went into preparing the budget for adoption. She thanked the administration
and expressed appreciation for the cooperative nature of the process. She specifically mentioned Margaret Kelly, Scott Cordes, and Margaret Egan. She thanked the rest of the Council,
especially Councilmember Harris. Councilmember Harris reiterated the appreciation to OFS and the administration. He thanked Council President Lantry for her leadership. The meeting was
recessed at 4:10 p.m. and reconvened for public hearings at 5:30 p.m. PUBLIC HEARINGS ROLL CALL Councilmember Dan Bostrom, Councilmember Melvin Carter III, Councilmember Pat Harris,
Councilmember Lee Helgen, City Council President Kathy Lantry, Councilmember Dave Thune and Councilmember Russ Stark Present 7 -Council President Lantry asked that Items 37 and 38 be
re-read and voted on as the City Council. Councilmember Helgen requested that Item 55 be taken out of order after Item 45. 44 Ord 10-54 An ordinance amending Chapter 106 of the Saint
Paul Legislative Code to clarify requirements for sidewalk cafes and sidewalk sales displays. Sidewalk Cafe Recommendations from the Mayor’s Advisory Committee for People with Disabilities
Smart Trips Letter.pdf Attachments: Councilmember Thune introduced an amended ordinance. He said the language regarding closing time had been removed, the language regarding the curb
had been clarified, and license applications would involve only one City department. He proposed that the public hearing be continued to January 5 to allow one more opportunity for testimony
from business owners after the holidays, and that final adoption take place the following week. The amendments were introduced. Yeas -7 Nays -0 Councilmember Stark asked why there was
a minimum requirement of 24 inches between the curb and a sidewalk cafe, especially if the closest thing between the cafe and curb was a planter or other buffer from the street. Paul
St. Martin, Public Works, said for cafes adjacent to the street rather than the building, the two foot buffer was necessary for safety and for access between the sidewalk and parked
vehicles. Councilmember Harris expressed concern about requirement to post the site plan, City of Saint Paul Page 14
City Council Minutes -Final December 15, 2010 and about the cost of the site plan requirement for existing businesses that were obviously in compliance. Rachel Tierney, Assistant City
Attorney representing the Department of Safety and Inspections (DSI), explained that it was important for enforcement purposes that the site plan be accessible. She said the intention
was for all establishments to have new site plans, but they did not necessarily have to be professionally prepared. Councilmember Thune noted that "obviously in compliance" was subjective.
Council President Lantry asked whether moving tables in a sidewalk cafe would be a violation of the site plan. Ms. Tierney said it wouldn't be a violation of the site plan unless the
sidewalk was obstructed, and the intent was to make sure the tables and chairs were within the delineated boundaries of the sidewalk cafe. Council President Lantry said it was important
that the ordinance supersede the site plan. Ms. Tierney said the site plan would give DSI a means to enforce the ordinance as it applied to each specific site. No one appeared in opposition.
The following appeared in support: Rick Cardnes (66 E. 9th Street, #106) said he was more concerned with the actual accessibility of the sidewalk than with the site plan. He cited specific
restaurants with inadequate clear right-of-way. He said St. Paul did not have a good record for complying with ADA at a number of sites that he monitored. Mark Hughs (739 Lawson Lane,
Shoreview, MN 55126) asked Council members to think about what they would do if they were in his situation and the ordinance didn't pass. Councilmember Thune thanked Mr. Hughs for all
of his hard work. Kari Sheldon, member of the Mayor's Advisory Committee for Persons with Disabilities, read a statement of support. Scott Coleman, Mayor's Advisory Committee for Persons
with Disabilities, asked the Council to subscribe to the letter law of the ADA. Jim Thayer (176 Kent Street, St. Paul 55102), Mayor's Advisory Committee for Persons with Disabilities,
said he had a daughter with a disability and it was always his goal to make sure she could get around the city of St. Paul and never be impeded. Nancy Breimeier, Grand Avenue business
owner, said she was in favor of posting the site plan so customers and employees understood the reasoning for maintaining the clear space. Public hearing continued to January 5, 2011
Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0
Rich Lallier, Public Works Director, and John Maczko, City Engineer, gave a report on snow removal. City of Saint Paul Page 15
City Council Minutes -Final December 15, 2010 Mr. Lallier said the response to the snow event represented a great joint effort between departments. He said staff in public works and
other departments had worked hard in he felt they had done a great job. He said a lot had been accomplished but a lot of work remained. Mr. Maczko noted that only 108 hours had passed
since the first snowfall and all streets were plowed with few exceptions. He said they were currently working on heavy snow removal downtown. He said first runs were complete in the
neighborhoods. He said drivers had been instructed to skip streets that had cars, but clean-up was now being done both systematically and in response to calls. He said they would begin
snow removal at major intersections that night. He said property owners needed to be reminded that it was illegal to move snow from private property to the street. He acknowledged the
dedication of the Public Works' crews. Councilmember Helgen thanked Public Works staff and crews. He said said he appreciated the email updates and the department's response to constituent
concerns. Councilmember Stark said that any resources the City devoted to being prepared for a once-very-twenty-years snowfall would be unavailable for day to day operations. He expressed
appreciation for the hard work and said his one concern was with pedestrians having to walk in traffic because sidewalks were impassable. Mr. Maczko reiterated that they were going to
start on major intersections, and said they would be partnering with Parks to work on sidewalks beginning the next day. He said private contractors were helping with downtown snow removal,
and MNDot and Ramsey County had been called in to help on arterial streets. 45 RES 10-1362 Authorizing vacation of City property at 260 5th Street East and conveyance to the Housing
and Redevelopment Authority (HRA). Exhibit A -legal description.pdf Map of City Property.pdf Attachments: No one appeared in opposition; Councilmember Thune moved to close the public
hearing and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember
Stark 6 -Nay: 0 Absent: 1 -Councilmember Carter III 55 ALH 10-430 Appeal of Michael Gross to a Notice of Condemnation Unfit for Human Habitation Order to Vacate at 852 ALBEMARLE STREET.
852 Albemarle St.Appeal.11-18-10.pdf 852 Albemarle St.Photos.11-17-10.pdf Attachments: No one appeared in opposition; Councilmember Helgen moved to close the public hearing and approve
the recommendation of the Legislative Hearing Officer (deny the appeal). Appeal denied City of Saint Paul Page 16
City Council Minutes -Final December 15, 2010 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Council President Lantry and Councilmember Stark 5 -Nay:
0 Absent: 2 -Councilmember Harris and Councilmember Thune 46 RES 10-1559 Amending the financing and spending plans in multiple capital project budgets across several departments to close
out inactive projects. CIB Clean Up Fiscal Analysis 12.06.10.pdf CIB Committee Approval Attachments: No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, City Council President Lantry and Councilmember Stark 4 -Nay: 0 Absent: Councilmember Harris,
Councilmember Helgen and Councilmember Thune 3 -47 APC 10-5 Appeal of 2446 University
Avenue LLC to a decision of the Planning Commission upholding the Zoning Adminstrator's determination at 2446 University Avenue West. Appeal form and grounds Planning Commission & Zoning
Cmte actions.pdf Letter in opposition.pdf Extension of 60-day deadline.pdf staff report packet.pdf Attachments: Tom Beach, Department of Safety and Inspections (DSI), gave a staff report.
He said the issue was access to parking at 2446 University Avenue. He displayed an aerial photograph of the building, parking, and easement, and he reviewed the situation. He said a
site plan for additional parking at 2446 University had been approved in 2004, and the site plan had included the parking spaces currently in question. He said the owner of the neighboring
property at 2420 University had asked the City about the access to the parking spaces a couple of years ago, and he had delayed taking action thinking it was a private matter between
the property owners. He said the question was raised among City staff as to what the decision would be if the neighboring property owner applied for a permit to erect a fence along the
property line to block access to the parking; they determined at that time was that the parking spaces were not legal since the owner of 2446 did not have legal access to them. Mr. Beach
said he wrote a letter to the owners of 2446 University stating that the parking spaces were not legal and the site plan was incorrect. The owner of 2446 University appealed that decision
to the Planning Commission on the grounds that the parking spaces had been used for 50 years, had been previously approved by the City, and if there was an issue it was a private dispute
between property owners and should not involve the City. Staff's response was that aerial photographs did not show a long history of parking, and the 2004 site plan dealt primarily with
another parking area and contained inaccurate information. The Planning Commission voted unanimously to deny the appeal. City of Saint Paul Page 17
City Council Minutes -Final December 15, 2010 Council President Lantry asked about an easement agreement in 2009. Mr. Beach said that easement agreement updated and clarified an earlier
easement agreement, possibly from the 70s. Council President Lantry questioned why the newer easement agreement had not addressed the current issue. Kyle Hegna (7300 Metro Boulevard,
Suite 300, Edina, MN 55439), attorney representing the appellant, said he'd learned from Mr. Beach that the appeal had been denied by Council at an earlier public hearing; he asked that
the matter be continued for 60 to 90 days to allow time for the two parties to resolve the matter themselves. Council President Lantry explained that Council had voted on the appeal
at an earlier public hearing because staff and the appellant had not appeared due to a miscommunication. She said the matter was being brought back before Council as a courtesy. Mr.
Hegna displayed a schematic showing the disputed parking area and easement area agreed upon in 2009, which had come as the result of a lawsuit to clarify the deed that referenced the
area. He displayed a 2009 aerial photograph of the parking and alley, and photographs showing the parking locations of some of Mr. Cemensky's (owner of 2420 University) vehicles. He
said their position was that it was a private matter between the two parties and should be addressed between the two parties. He asked to be given more time, and said Mr. Cemensky had
expressed willingness to negotiate. Patricia Jordan (433 East Lake Street, Minneapolis, MN 55408), chief manager of the LLC that owned the property, said they had understood that Mr.
Beach wouldn't interfere in a private matter and believed in good faith that they were negotiating with Mr. Cemensky to resolve the matter. She said Mr. Cemensky had purchased the property
in 2001 and, according to neighbors, had always parked his vehicles in the easement area. She said the parking area in question was established in 2004, and they acquired the property
in 2006 assuming that that they had access to the parking spaces. She said they had improved the building and increased occupancy and now needed access to all of their parking. She said
they had proposed to Mr. Cemensky that the alley area under his ownership be flipped with the his parking area in the easement. She said the city's decision interfered with the negotiations
and created an unfair circumstance. She said she'd been assured by Mr. Beach that the Planning Commission decision would not be enforced, and she asked that the appeal or an extension
be granted. The following appeared in opposition: Mark Cemensky (2343 Swan Drive) and Bradley Beisel (288 U.S. Trust Building, Minneapolis, MN 55402), attorney for Mr. Cemensky, appeared.
Mr. Beisel said it was his understanding that the appeal had been denied based on the City Attorney's opinion that the Council could revoke a parking permit that had been granted in
error. Council President Lantry reiterated that the Council had not already heard the matter. Mr. Beisel displayed displayed a 1974 drawing of the property and said Ms. Jordan did not
do due diligence when she purchased the property and didn't realize she didn't have access to the parking area. He said Ms. Jordan sued Mr. Cemensky to try to modify the easement, and
the resulting 2009 easement clarified but did not change the one from the 70s. He said it was their belief that the matter had been addressed in the courts, and there was no access to
the parking. He said the Council did not have to grant the appeal to allow the parties to negotiate an agreement. Council President Lantry asked how long Mr. Cemensky had owned his building.
Mr. Cemensky said he'd owned it since 2001. Ms. Lantry noted that the site plan City of Saint Paul Page 18
City Council Minutes -Final December 15, 2010 including the spaces in question had been approved in 2004; she asked why the owners of 2446 University had been allowed to park in the
spaces since that time. Mr. Cemensky said the building had been a warehouse and the area hadn't been used for parking until Ms. Jordan purchased it, put in office space and increased
occupancy. Council President Lantry asked why the 2004 site plan included those parking spaces if that area wasn't used for parking at that time. Mr. Cemensky said it was included because
the owners had wanted to add parking there. Councilmember Stark moved to close the public hearing. Yeas -5 Nays -0 (Helgen and Thune not present for vote) Councilmember Stark said the
City's only interest was whether there was legal access to those parking spaces in the site plan, and he hadn't seen anything that indicated any errors made by the Planning Commission.
He moved to deny the appeal and uphold the decision of the Planning Commission, and hope that the property owners could still come to some better understanding. Appeal denied Yea: Councilmember
Bostrom, Councilmember Carter III, Councilmember Harris, City Council President Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember Helgen and Councilmember Thune 48 PH
10-9 Public hearing to consider the application of Minnwest Bank Metro to rezone property at 1870 Old Hudson Road from B3 General Business to RM2 Medium Density Multiple family Residential.
Planning Commission resolution Planning Commission action minutes 11-19-10 Zoning Committee minutes 60-day extension letter Letters in opposition Staff report packet Attachments: No
one appeared in opposition. Gerald Frisch (2350 W. 7th Street, Saint Paul, 55105) appeared on behalf of the applicant. He spoke about the developer, property condition, proposed use
for senior housing, and potential demand for the proposed housing. He noted that the owner and developer were not seeking assistance from the City. He said the development had satisfied
all staff requirements and he felt it would be an enhancement to the community. Council President Lantry moved to close the public hearing. Yeas -5 Nays -0 (Helgen and Thune not present
for vote) Council President Lantry said the couple of letters in opposition had to do with a similar development was being proposed for an adjacent property, and shouldn't affect the
Council's decision on the current matter. She said she felt the development at 1870 Old Hudson Road would be an asset, and met all of the conditions set out for the rezoning; she moved
to grant the application. City of Saint Paul Page 19
City Council Minutes -Final December 15, 2010 Motion of Intent -Application granted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, City Council President
Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember Helgen and Councilmember Thune LEGISLATIVE PUBLIC HEARINGS 49 RES 10-920 Ratifying vacant building fee assessment for
fees reinvoived in June 2010 for 1368 MARION AVENUE. [VB1006A, 108990] (laid over from September 15, 2010 for separate consideration) Report of Completion Assessment Roll Attachments:
Legislative Hearing Officer Marcia Moermond said it was the request of the real estate office to have the matter laid over to Janaury 19, at which it point it could be ratified for that
year's taxes. No one appeared in opposition; Councilmember Stark moved to continue the public hearing to January 19, 2011. Public hearing continued to January 19, 2011 Yea: Councilmember
Bostrom, Councilmember Carter III, Councilmember Harris, City Council President Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember Helgen and Councilmember Thune 50 RES
10-1182 Resolution ordering the rehabilitation or wrecking and removal of the structures at 578 THOMAS AVE within fifteen (15) days after the November 3, 2010, City Council Public Hearing.
578 Thomas.LH Minutes.10-12-10.doc 578 Thomas Ave.Owners & Interested Parties.9-17-10 578 Thomas Ave.Public Hearing Notice.9-13-10 578 Thomas Ave.Order to Abate Nuisance Building.7-23-10
578 Thomas Ave.Photos.6-16-10 578 Thomas Ave.Inspection Appt Ltr.5-17-10 578 Thomas Ave.LH Ltr.10-12-10.doc 578 Thomas Ave.LH Ltr.11-19-10.doc Attachments: Legislative Hearing Officer
Marcia Moermond said the Council had continued the public hearing from November 3 because there was a potential investor and some conditions had been met. She said the Council's requirements
of a work order and financial documentation had not been met and her recommendation now was to order removal of the structure within 15 days with no option for repair. She said someone
was there to testify on behalf of the property owner who was in California. The following appeared in opposition: Nghi Huynh (417 University Avenue, St. Paul), property manager at 578
Thomas, City of Saint Paul Page 20
City Council Minutes -Final December 15, 2010 displayed a photograph of the house and said it had a new roof, plumbing, and electrical, and was in perfect condition. He said interior
water damage had occurred during a storm-related roof repair, and the owners had had problems recouping money paid to a contractor for work that wasn't done. He said they'd had an interested
investor but hadn't been able to transact the sale because of the rehab delays. He said they'd learned the building had to be deconverted to a single family home, and that process would
take some time. He said the Code Compliance inspection was scheduled for the following week and they would use that list to get bids from contractors. He said GMAC had sent purchase
documents to him by email but he'd been unable to open them. He said the realtor would print them and they would be signed and submitted to Ms. Moermond by the following week. He said
it was a complicated situation and he asked for 15 or 30 more days. He reiterated that the house house was in very good condition and all improvements had been completed and paid for
except the interior water damage. He asked for the Council's consideration. Councilmember Carter moved to close the public hearing. Yeas -5 Nays -0 (Helgen and Thune not present for
vote) Council President Lantry asked whether conditions set at the October 12 Legislative Hearing had been met by October 26. Ms. Moermond said some extra time had been granted because
there had been an error in the letter sent to the property owner, but the Code Compliance inspection had not been applied for until December 10, which did not bode well for completion
of the project. She also noted the complexity of the project, the stop and start nature of negotiations, and the fact that there had been a request for a refund of the performance bond.
Councilmember Carter said his predisposition was to offer the opportunity to rehab whenever possible, but he did not want to lay the matter over and risk allowing the situation to drag
out. He said since Mr. Huynh seemed confident that the matter could be resolved, he would move to order the building removed or repaired within 30 days. Adopted as amended (30 days to
remove or repair) Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, City Council President Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember
Helgen and Councilmember Thune 51 ALH 10-412 Appeal of Philip Black and Dan Boler to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 256 MARSHALL AVENUE. 256 Marshall.appeal.11-3
0-10.pdf 256 Marshall Ave.Fire C of O Orders.11-8-10.dot 256 Marshall Ave.Photos.11-8-10.pdf 256 Marshall Ave.Photos.10-29-10.pdf 256 Marshall Ave.Fire C of O Orders.10-29-10.dot 256
Marshall Ave.Fire C of O Orders.9-20-10.dot 256 Marshall Ave Ltr.doc Attachments: Legislative Hearing Officer Marcia Moermond said the matter was a Condemnation/Order to Vacate. She
said a number of corrections were to have been made by the date of the public hearing, but a follow-up inspection had not yet been conducted. She said she'd expected at least the heating
facility report and City of Saint Paul Page 21
City Council Minutes -Final December 15, 2010 record of an electrical permit, and neither of those things had been provided. She said her recommendation was going to be to order the
building vacated by Friday, but Southern Minnesota Regional Legal Services had contacted her and would be filing a tenant remedies action to ensure the work was done. She asked that
the matter be laid over for three weeks for followup. No one appeared in opposition; Councilmember Carter moved to continue the public hearing to January 5. Public hearing continued
to January 5, 2011 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, City Council President Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember
Helgen and Councilmember Thune 52 ALH 10-421 Appeal of Helen E. Fairbanks to a Notice of Condemnation Unfit for Human Habitation Order to Vacate and Vacant Building Registration Notice
at 911 DALE STREET NORTH. 911 Dale.appeal. 11-30-10.pdf 911 Dale St.Photos.11-4-10.pdf 911 Dale St N.PC ltr.ltr.11-30-10.doc 911 Dale St N.PC ltr.12-10-10.doc Attachments: No one appeared
in opposition; Councilmember Carter moved to close the public hearing and deny the appeal. Appeal denied Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, City
Council President Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember Helgen and Councilmember Thune City of Saint Paul Page 22
City Council Minutes -Final December 15, 2010 53 ALH 10-451 Appeal of Wally Nelson, Renovation Inc. to a Condemnation, Order to Vacate and Vacant Building Registration Notice at 513
VAN BUREN AVENUE. 513 Van Buren.appeal.12-7-10.pdf 513 Van Buren Ave.Condemnation Ltr.11-24-10.dot 513 Van Buren-Vacant Building Reg.pdf 513 Van Buren Ave.LH ltr.12-7-10.doc Attachments:
No one appeared in opposition; Councilmember Carter moved to close the public hearing and deny the appeal. Appeal denied Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember
Harris, City Council President Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember Helgen and Councilmember Thune 54 ALH 10-114 Appeal of William Wengler to a Fire Certificate
of Occupancy Correction Notice at 857 GRAND AVENUE. 857 Grand Ave.Appeal.9-10-10.pdf 857 Grand Ave.Fire C of O Ltr.9-2-10 857 Grand Ave.PC ltr.9-24-10.doc 857 Grand Ave.PC Ltr 1-20-11.doc
Attachments: Legislative Hearing Officer Marcia Moermond asked that the matter be laid laid over to January 19 for public hearing. No one appeared in opposition; Councilmember Stark
moved to continue the public hearing to January 19. Public hearing continued to January 19 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, City Council President
Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember Helgen and Councilmember Thune 56 ALH 10-354 Appeal of A. Espinosa to a Notice of Condemnation Unfit for Human Habitation
Order to Vacate at 211 KIM PLACE. 211 Kim Place.appeal.11-1-10 211 Kim Place.Condemnation.11-1-10 211 Kim Place.Photos.11-1-10 211 Kim Pl.Espinosa Email.11-7-10 211 Kim Pl.Wittgenstein
Email.11-3-10 211 Kim Pl.LH ltr.11-9-10.doc 211 Kim Pl.PC ltr.12-7-10.doc Attachments: Legislative Hearing Officer Marcia Moermond said a reasonable accommodation had City of Saint Paul
Page 23
City Council Minutes -Final December 15, 2010 been reached with the appellant and the work was being done and supervised through the House Calls program. She recommended that the appeal
be granted. No one appeared in opposition; Council President Lantry moved to close the public hearing and grant the appeal. Appeal granted Yea: Councilmember Bostrom, Councilmember Carter
III, Councilmember Harris, City Council President Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember Helgen and Councilmember Thune City of Saint Paul Page 24
City Council Minutes -Final December 15, 2010 57 ALH 10-414 Appeal of Janice and Jim Mott to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 642 WHITE BEAR
AVENUE. 642 White Bear Ave N.Appeal.11-16-10.pdf 642 White Bear Ave N.Photos.11-5-10.pdf 642 White Bear Ave N Condemn-Vacate ltr.doc 642 White Bear Ave N.Correction Order.12-15-10.pdf
642 White Bear Ave N.Condmenation Placard Lift Ltr.12-15-10.pdf Attachments: Legislative Hearing Officer Marcia Moermond said the conditions leading to the condemnation no longer existed,
but had existed previously. She recommended that the appeal be denied. No one appeared in opposition; Council President Lantry moved to close the public hearing and deny the appeal.
Appeal denied Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, City Council President Lantry and Councilmember Stark 5 -Nay: 0 Absent: 2 -Councilmember Helgen
and Councilmember Thune Councilmember Harris moved adjournment. The meeting was adjourned at 7:20 p.m. Adjourned Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris,
Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 -Nay: 0 Council Meeting Information Web Meetings are available on the Council's website.
Email notification and web feeds (RSS) of newly released Minutes, Agendas and Meetings are available by subscription. Please visit www.stpaul.gov/council for meeting videos and updated
copies of the Agendas, Minutes and supporting documents. Cable Meetings are live on St Paul Channel 18 and replayed on: Thursdays at 5:30 p.m., Saturdays at 12:30 p.m., and Sundays at
1:00 p.m. (Subject to change) City of Saint Paul Page 25