1406_m_city_council_10-11-17_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, November 17, 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 AO 10-10 Authorizing proper City
officials to execute the lease agreements with the City Academy at Wilder and the Minnesota Jewish Theatre. Rec Lease Agreements Financial Analysis.xls City Academy at Wilder.pdf MN
Jewish Theatre at Hillcrest.pdf Attachments: Received and Filed 2 AO 10-11 Administrative Order tto create a new funding code for the Neighborhood Year-Round Program, perform accounting
corrections and establish accounts for approved Neighborhood STAR Year-Round Program projects. Attachments: Year Round Neighborhood STAR Financial Analysis Template Received and Filed
CONSENT AGENDA NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A COUNCILMEMBER,
THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Approval of the Consent Agenda City of Saint Paul Page 1
City Council Minutes - Final November 17, 2010 Councilmember Stark moved approval of the Consent Agenda Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember
Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 3 Min 10-19 Approval of the minutes of August 18 and 25, 2010. 8/18/2010 City Council
Minutes 8/25/2010 City Council Minutes Attachments: Adopted 4 RES 10-1106 Approving the attached resolution to authorize Andre Haustein's request to proceed in forma pauperis for his
appeal of his dangerous dog determination to the Minnesota Court of Appeals. Attachments: Haustein Affidavit.pdf Adopted 5 RES 10-1169 Approving and ratifying the Memorandums of Agreement
for the 2011 - 2012 Wage and Health Insurance contributions. (To be laid over one week for adoption) 2011 2012 MOA AFSCME Clerical Wage Health Ins.pdf 2011 2012 MOA AFSCME Legal Wage
Health Ins.pdf 2011 2012 MOA AFSCME Tech Wage Health Ins.pdf 2011 2012 MOA CCEA Wage Health Ins.pdf 2011 2012 MOA Fire Wage Health Ins.pdf 2011 2012 MOA FSA Wage Health Ins.pdf 2011
2012 MOA Machinists Wage Health Ins.pdf 2011 2012 MOA M&M Wage Health Ins.pdf 2011 2012 MOA OperEng70 Wage Health Ins.pdf 2011 2012 MOA PEA Wage Health Ins.pdf 2011 2012 MOA Police Wage
Health Ins.pdf 2011 2012 MOA SPSO Wage Health Ins.pdf 2011 2012 MOA TriCouncil Wage Health Ins.pdf Attachments: Adopted 6 RES 10-1214 Authorizing the Department of Parks and Recreation
to extend the term of the current lease agreement with Circus Juventas for an additional ten years ending October 31, 2021. Attachments: CircusJuventus2011.pdf Adopted 7 RES 10-1228
Memorializing City Council action taken on October 20, 2010 denying the City of Saint Paul Page 2
City Council Minutes - Final November 17, 2010 appeal of John Bodger, on behalf of CBS Outdoor, Inc. to receive a variance in order to allow a billboard located at 260 Commercial Street
to continue operating with a digital display. Adopted Councilmember Harris asked that there be an agenda item for a progress report on the Ramsey County plan to end homelessness.
Council President Lantry welcomed visiting students from St. Agnes High School. The meeting was recessed at 3:34 p.m. and reconvened for public hearings at 5:30 p.m. City of Saint Paul
Page 3
City Council Minutes - Final November 17, 2010 PUBLIC HEARINGS 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 - 8 SR 10-98 Como Regional Park Transportation Implementation Plan Parks and Recreation Director
Michael Hahm and Como Park Zoo and Conservatory Manager Michelle Furrer gave a report on the conclusions of the Como Transportation Implementation Plan. Mr. Hahm clarified that this
was an informational item only with no Council action or budget implications. He said the report had been scheduled at the time the permit parking plan was approved. He discussed
the unique assets and challenges associated with Como Park. He said changes had been made to the plan in response to community input, including removal of a proposed parking structure
at Hamline and Arlington, and final adjustments would be made with stakeholder input. Ms.. Furrer gave a Power Point presentation on the results of the transportation study. She spoke
about parking demand and said a combination of solutions was needed. She outlined proposed short-term, mid-term and long-term improvements towards the goal of 18% of park visitors
using walk/bike/transit. She thanked the neighbors and stakeholders for their participation in the process. Councilmember Stark clarified that the permit parking plan effective date
had been delayed to May 2011 in part so the study could be completed, and that the Council didnt have to take further action for the permit parking to go into effect. Councilmember
Helgen said he appreciated the work and level of neighborhood involvement. He said would like to see some of the options from the study fleshed out into specific goals, and demand
management and budget considerations studied further. He suggested creation of an advisory structure. Councilmember Harris thanked Mr. Hahm and his staff for putting together what
he thoughht was a nice toolbox for addressing issues that had neighborhood and regional impact. Councilmember Stark added his thanks to Mr. Hahm, Ms. Furrer, and to the District Councils
for getting community members engaged. He agreed with Mr. Helgen that a structure was needed to deal with the issues on an ongoing basis. He said he felt the underground ramp idea
was probably unrealistic and could end up being a distraction, and he would like to have a discussion about de-emphasizing it. He said Parks had said they would come back with a timetable
of items that could be done in the next year or two years, and he thought that was important as well. The following appeared to testify: John McCormick (1431 Hamline Avenue) said the
process activated neighborhood in support of green space and the park, and that he wanted to have a place at the table to continue to work on the issue. He submitted letters, drawings,
and a petition. Dennis O'Rourke (Midway Parkway) spoke in support of permit parking. Chris Martiineau (1510 Almond Avenue) appeared on behalf of District 10. He acknowledged those
present who had voted in favor of the District 10 action item and City of Saint Paul Page 4
City Council Minutes - Final November 17, 2010 asked that District 10 be included in future decision-making. He spoke in support of preservation of green space, thanked Mr. Hahm and
Ms. Furrer for including stakeholders, and identified possible stakeholders outside of the neighborhood. Chet Mirocha (1361 Midway Parkway) spoke on his own behalf and on behalf Val
Cunningham, The Bird Lady of Como Park. He said they wanted to see people use the park but with a minimum number of vehicles. He said there were two Como Parks, one including the
Zoo and Conservatory and other public spaces, and the other including green spaces with birds and trees. He said they liked green space and did not like encroachment, and asked that
this second Como Park be kept in mind. Leslie Everett (1988 Brewster Street, #109) spoke in opposition to 3-acre parking lots, and asked that the Council consider alternatives and
more long tem solutions. John Schomaker (1477 Sheldon) asked that the Council keep in mind the positive vvalue of green space and the quality-of-life value of the park. Kerry Antrim,
District 6 Planning Council (171 Front) acknowledged all the hard work done but said they had a few reservations about the plan. She referred Council members to a letter sent. She
said concerns included a permanent home for and adequate PR about the shuttle, location of surface parking and its impact on the neighborhood and available green space, and further
study of traffic accessing the park and within the park. She said District 6 would remain silent about permit parking, had never supported the proposed parking structure at Arlington,
and did support all preservation of green space. She said they wanted signage to be not detrimental to the park, and were in favor of formation of an advisory committee as soon as
possible and including all stakeholders. Michelle Dibblee, Transit for Livable Communities (626 Selby Avenue), expressed support for District 10 and others asking for a longer process
including input from stakeholders. Kathryn Holum (803 Osceola Avenue), owner of Comotown, said they had made a significant investment five years ago in good faith, and were concerned
about the impact of permit parking on the business. She urged the Council to consider the thousands of Como Park visitors who would be surprised and inconvenienced by the institution
of permit parking without alternatives, and asked that additional parking be made available before permit parking was instituted. Councilmember Stark moved to close the public hearing.
Yeas 7 Nays 0 Received and Filed 9 RES 10-1193 Approving the City of Saint Paul Housing Action Plan 2010-2013. Housing Action Plan 2010-2013 public hearing draft Multifamily housing
project profiles, 2010-2013, version 2010.pdf City/HRA property inventory map, version 2010.pdf Multifamily housing projects, 2010-2013, version 2010.pdf City Council Resolution 10-935.pdf
HAP 2010-13 Section 3.3.4 revised homeless language, 11.23.10.doc Attachments: Councilmember Helgen moved to cloose the public hearing. Yeas 7 Nays 0 City of Saint Paul Page 5
City Council Minutes - Final November 17, 2010 Councilmember Helgen thanked staff who worked to bring the plan together in a way that balanced preservation of existing housing stock
and creation of new affordable housing. He moved approval. Councilmember Harris moved a one week layover to spend a little more time on the section of the plan addressing homelessness
and supportive housing. Laid over to November 24 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember
Thune and Councilmember Stark 7 - Nay: 0 10 Ord 10-54 An ordinance amending Chapter 106 of the Saint Paul Legislative Code to clarify requirements for sidewalk cafés and sidewalk
sales displays. Sidewalk Cafe Recommendations from the Mayors Advisory Committee for People with DisSmart Trips Letter.pdf Attachments: Paul St. Martin, Public Works, reviewed the development
of federal ADA guidelines with respect to public-right-of-ways and said the federral government planned to start the rule making process in 2011. He said the Public Works - ADA transition
plan was begun in March 2010 towards the goal of implementing PROWAG (Public Right of Way Accessibility Guidelines) as best management practices. He said the current Chapter 106
called for a minimum of a 36-inch clear pedestrian path, and the PROWAG guidelines required a 48-inch minimum. He said they had worked with DSI, the Mayors Advisory Committee on Disabilities,
the Business Review Council, and Councilmember Thunes office on the proposed ordinance and the main change was the increase from the 36 to 48-inch minimum width. Councilmember Thune
reviewed information that had been sent to all beverage license holders in the city. He said the federal regulations about to take effect had already been adopted by state agencies
because it was the right thing to do on public right of ways. He said the proposed ordinance required any establishment with a sidewalk café to obtain a license fromm DSI and a right-of-way
permit from Public Works, although they were working towards making it a single permit. He reviewed the requirements and said the 48-inch minimum width requirement was exclusive of
the curb. He said there would be further clarification of the language related to standard operating hours. He reiterated that the reason for the proposed ordinance was that it
was the right thing to do and everyone had the right to use the public right of way. He said it was his intention to hold the public hearing to get input, and then continue the public
hearing for four weeks to incorporate the suggestions. The following appeared in opposition: Dan OGara, owner of OGaras Bar and Grill (164 Snelling Avenue), said his specific concern
had been about the 10:00 p.m. closing time and he would like that language stricken. He said it was his understanding that Public Works would work with business owners that had tree
planters in the right-of-way. Councilmember Thune said tree grates were a prroblem and his intention was to propose that Public Works replace grates with ADA compliant ones. Stephanie
Shimp (2220 Oliver Avenue S., Minneapolis), Blue Plate Restaurant Company, echoed Mr. OGaras comments and thanked Councilmember Thune for addressing the language about hours of operation.
She asked that the City work with them about tree grates and planters, and asked that adequate time be allowed for City of Saint Paul Page 6
City Council Minutes - Final November 17, 2010 compliance. She said obtaining the license from just one City entity would be ideal. Mike Samuelson, resident of Newell Park neighborhood
of St. Paul, submitted a letter for Council members to review. He said he didn't think the proposed ordinance went far enough, and he expressed concerns about St. Paul's slow compliance
with federal ADA requirements. He said the issues should be addressed immediately, the City should be proactive rather than reactive, a plan should be developed keeping in mind the
spirit and intent of the ADA, the disability community should be involved in the process, and funds should be dedicated to addressing ADA non-compliance issues. He thanked staff for
their work. Russell Klein (522 Saratoga Street), chef and proprietor of Meritage restaurant, expressed pride in being part of the downtown community, and said they had a great relationship
with DSI and Public Works and had worked with them on the issue for three years. He aagreed that 36 inches was not adequate and said he would be in full support of an ordinance that
replaced 36 inches with 48 inches throughout. He said the six inches of curved curb space was the issue, and if the requirement was to be 54 inches, it should explicitly say 54 inches.
He said the patio was vital to their success, and meeting a 54 inch requirement would require taking out a row of tables. Bill Collins (350 St. Peter Street), owner of Camp Bar, said
he appreciated streamlining of the application process and was not a fan of having things posted in the window. He said he had spent money on custom-built patio fixtures. He asked
whether there was any flexibility in the setback of parking meters and garbage cans to allow for more clear space for the patio. He said it was difficult making a business work,
and having to start over again with the patio took the wind out of the sails. He questioned whether the city deserved the commerce his business brought, and said that ADA was still
thhe law and was still 36 inches. Michael Runyon (2003 Bordner Place), owner of Shamrocks, suggested that the new licensing could take place at the renewal date. Councilmember Thune
said that was being considered. The following appeared in support: Mark Hughes said he supported the ordinance because it was important for St. Paul, and was important to follow Minneapolis'
lead for the sake of tourism and consistency. Andrew Schlack (350 St. Peter St, Suite 1011), chair of CapitolRiver Council District 17 said the District 17 Board had passed a resolution
in support of the spirit of the ordinance, recognizing that adjustments were still being made. He said the four values supported by District 17 were requiring the maintenance of at
least a 48-inch right-of way, allowing temporary sidewalk café permits, interpreting the compact and contiguous liquor service to allow liquor service to occur on temporary sidewalks,
and outlining an efficient administrative process for permitting. Councilmember Thune mmoved to continue the public hearing to December 15. He said staff and interested parties would
continue to work out the details. Yeas 7 Nays 0 Public hearing continued to December 15 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen,
City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - City of Saint Paul Page 7
City Council Minutes - Final November 17, 2010 Nay: 0 11 RES 10-1122 Amending the budget in the Fire Department by establishing a Financing and Spending Plan for the Minneapolis/Saint
Paul Metropolitan Medical Response System (MMRS) grant program in the amount of $5,110.59. Attachments: MMRS Grant Financial Analysis-res10-1122.pdf No one appeared in opposition; Councilmember
Stark moved to close the public hearing and approve. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Council President Lantry, Councilmember
Thune and Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris 12 RES 10-1215 Amend the Spending and Financing Plan for the Payne Avenue - Whitall to Cook Project for
2010 Attachments: Financial Analysis - Payne Ave-Whitall to Cook 11-1-10.pdf No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approve. Adopted
Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Couuncil President Lantry, Councilmember Thune and Councilmember Stark 6 - Nay: 0 Absent: 1 -
Councilmember Harris 13 RES 10-1216 Approving the 2010 Public Works capital project closeout. Attachments: Financial Analysis - PW 2010 Closeout Resolution 11-1-10.pdf No one appeared
in opposition; Councilmember Thune moved to close the public hearing and approve. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Council President
Lantry, Councilmember Thune and Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris 14 RES 10-1217 Amending the financing and spending plan for the 2010 Residential
Street City of Saint Paul Page 8
City Council Minutes - Final November 17, 2010 Vitality Program.Attachments: Financial Analysis - 2010 RSVP PROGRAM 11-1-10.pdf No one appeared in opposition; Councilmember Bostrom moved
to close the public hearing and approve. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Council President Lantry, Councilmember Thune and
Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris 15 RES 10-1135 Amending the 2010 Capital Improvement Budget in the Department of Parks and Recreation by adding
$100,000.00 to the financing and spending plans from a STAR Grant received for the Phalen Security Camera project. Attachments: Res 10-1135 - Phalen Security Cameras Financial Analysis.xls
No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approve. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen,
City Council President Lantry, Councilmember Thune and Councilmember Stark 6 - Nay: 0 Abseent: 1 - Councilmember Harris 16 RES 10-1167 Amending the 2010 Capital Improvement Budget
reflecting the issuance of the General Obligation Tax-Exempt CIB Bonds Series 2010E, Taxable CIB Bonds BABs Series 2010F, Taxable CIB Bonds RZED Series 2010G, and Taxable Library
Bonds RZED Series 2010H Attachments: Financial Analysis of Budget Amendment Resolution 10-1167.pdf No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approve. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 6 - Nay:
0 Absent: 1 - Councilmember Harris 17 RES 10-1177 Accepting the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) and amending the 2010 current financing and spending in
the Police City of Saint Paul Page 9
City Council Minutes - Final November 17, 2010 Department in the amount of $30,000. 2010 Edward Byrne (JAG) Grant 2010 Edward Byrne (JAG) Financial Analysis Attachments: No one appeared
in opposition; Councilmember Bostrom moved to close the public hearing and approve. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Council
President Lantry, Councilmember Thune and Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris 18 RES 10-1179 Accepting a $3,000 grant from the Minnesota Department
of Public Safety (MN DPS), authorizing the Police Department to enter into an agreement with the MN DPS to provide training in the Standardized Field Sobriety Testing (SFST) and approve
changes to the 2010 budget establishing financing and spending plan. SFST Financial 10-1179.pdf CR 10-1179.pdf Attachments: No one appeared in opposition; Councilmember Stark moved
to close the public hearing and approve. Adopted Yea: Councilmember Bostrom, Councilmember Carter IIII, Councilmember Helgen, City Council President Lantry, Councilmember Thune and
Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris 19 RES 10-1208 Accepting the National Association of Police Athletic/Activites Leagues, Inc. (National PAL) grant
and amending the finance and spending plans in the Police Department in the amount of $24,670. National PAL grant National PALFin10_-1208.pdf Attachments: No one appeared in opposition;
Councilmember Bostrom moved to close the public hearing and approve. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City
Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 20 RES 10-1195 Approving adverse action against all licenses held by La Fonda, LLC d/b/a City of
Saint Paul Page 10
City Council Minutes - Final November 17, 2010 La Fonda Mexican Eats located at 433 Robert Street South in Saint Paul. Notice of Council Hearing.pdf Uncontested License Matter sheet.pdf
License Group Comments Text.pdf Electronic Mail dated 092810.pdf Notice of Violation.pdf Request for Public Hearing.pdf SPLC Section 409.26.pdf Attachments: Rachel Tierney, Assistant
City Attorney representing the Department of Safety and Inspections, gave a staff report. She said the adverse action was for a lapse in liquor liability coverage from September 2009
to August 2010, and the matrix penalty and staff recommendation was a ten day license suspension. She said the licensee had requested a public hearing. No one appeared in opposition;
Councilmember Thune moved to close the public hearing and approve. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council
President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 21 AHPC 10-3 Pubblic hearing to consider the appeal of Dick Huss to a decision of Heritage Preservation
Commission denying the replacement of three casement windows on the north and south elevations at 300 Maple Street (745-747 Third Street East) in the Dayton's Bluff Historic district.
Attachments: HPC Meeting Packet & City Council Appeal Christine Boulware, Heritage Preservation Commission (HPC), gave a staff report. She reviewed the background and history of the
situation and said the HPC had approved a portion of the proposal in October. She said the property owner wanted to replace casement windows with casement windows, but casements did
not comply with historic district guidelines. She said all of the double-hung windows had been replaced with casement windows in 1990, prior to the designation of the Daytons Bluff
Historic District. She said the property owner was only replacing three windows that had failed and wanted to maintain a consistent look, but the HPCs requirements were the same whether
a hoomeowner was replacing all windows or just a few. Property owner Dick Huss said he was putting the finishing touches on a long rehab. He said the windows had failed and needed
to be replaced, and he wanted to maintain a consistent look. He said he had complied with about 80% of HPC recommendations with regards to the parapet wall, adding $2000 $3000 to
the cost of the rehab. He provided photographs. Council President Lantry moved to close the public hearing. Yeas 7 Nays 0 Council President Lantry moved to grant the appeal based
on commissioner comments in the minutes of the HPC meeting and on HPC guidelines. She said the casement window replacement would not involve removal or alteration of distinctive
City of Saint Paul Page 11
City Council Minutes - Final November 17, 2010 architectural features, would retain the existing window opening, would maintain vertical orientation of original windows, and would be
compatible with nearby buildings in proportion, size and rhythm. Motion of intent - Appeal granted Yea: Councilmember Bostrom, Councilmember Harris, Councilmember Helgen, City Council
President Lantry, Councilmember Thune and Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Carter III 22 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: No one appeared in opposition; Councilmember Stark moved to close the public hearing. Yeas 6
Nays 0 (Carter not present for vote) Councilmember Stark said the situation involved access to parkingg, and a site plan that had apparently been approved with bad information. He
said the Planning Commissions decision was clear and unanimous, and he didnt see any basis to reverse it. He moved to deny the appeal. Motion of intent - Appeal denied Yea: Councilmember
Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Thune
LEGISLATIVE PUBLIC HEARINGS 23 RES 10-945 Ordering the rehabilitation or wrecking and removal of the structures at 300 EDMUND AVE within fifteen (15) days after the November 17, 2010,
City Council Public Hearing. City of Saint Paul Page 12
City Council Minutes - Final November 17, 2010 300 Edmund Ave.Summary for Public Hearing.doc 300 Edmund Ave.R-R.LH Ltr.10-26-10.doc 300 Edmund Ave.Order to Abate Nuisance Bldg.8-11-10.DOC
300 Edmund Ave.Photos.7-29-10.pdf 300 Edmund Ave. Owners & Interested Parties.10-1-10.doc 300 Edmund Ave.Public Hearing Notice.9-24-10.DOC 300 Edmund Ave.Demo Bids.10-18-10.xls 300 Edmund
Ave.Photos.10-7-09.pdf Attachments: Legislative Hearing Officer Marcia Moermond said the property owner had been a no-show for the Legislative Hearing; she recommended ordering removal
of the building within 15 days with no option for rehabilitation. No one appeared in opposition; Councilmember Carter moved to close the public hearing and adopt the recommendation
of the Legislative Hearing Officer. Adopted as amended (remove within 15 days with no option for repair) Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris,
Councilmember Helgen, City Council President Lantry and Councilmember Stark 6 - Nay: 0 Abseent: 1 - Councilmember Thune 24 RES 10-946 Ordering the rehabilitation or wrecking and
removal of the structures at 2060 SHERWOOD AVE within fifteen (15) days after the November 17, 2010, City Council Public Hearing. 2060 Sherwood Ave.Summary for Public Hearing.doc
2060 Sherwood Ave.Photos.7-7-10.pdf 2060 Sherwood Ave.Order to Abate Nuisance Bldg.8-26-10.DOC 2060 Sherwood Ave.Public Hearing Notice.9-24-10.DOC
2060 Sherwood Ave.Owners and Interested Parties.10-1-10.doc 2060 Sherwood Ave.Demo Bids.9-20-10 2060 Sherwood Ave.LH ltr.10-26-10.pdf 2060 Sherwood Ave.LH ltr.11-9-10.doc 2060 Sherwood
Ave.revised work plan.11-14-10.pdf 2060 Sherwood Ave.tay checking account.pdf Attachments: Legislative Hearing Officer Marcia Moermond said all of the conditions had been met; she recommended
allowing 120 days for the rehabilitation of the structure. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and adopt the recommendation of the
Legislative Hearing Officer. Adopted as amendded (remove or repair within 120 days) Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen,
City Council President Lantry and Councilmember Stark 6 - Nay: 0 City of Saint Paul Page 13
City Council Minutes - Final November 17, 2010 Absent: 1 - Councilmember Thune 25 RES 10-947 Ordering the rehabilitation or wrecking and removal of the structures at 967 MARGARET
ST within fifteen (15) days after the November 17, 2010, City Council Public Hearing. 967 Margaret St.Summary for Public Hearing.doc 967 Margaret St.Order to Abate Nuisance Building.8-26-10.DOC
967 Margaret St.Photos.7-7-10.pdf 967 Margaret St.Public Hearing Notice.10-1-10.DOC 967 Margaret St.Inspection Appt Ltr.6-7-10.DOC 967 Margaret St.R-R.LH Ltr.10-26-10.doc 967 Margaret
St.LH ltr.11-9-10.doc Attachments: Legislative Hearing Officer Marcia Moermond recommended ordering removal of the structure within 15 days with no option for rehabilitation. No one
appeared in opposition; Councilmember Harris moved to close the public hearing and adopt the recommendation of the Legislative Hearing Officer. Adopted as amended (remove within 15
days with no option for repair) Yea: Councilmember Bostrom, Councilmember Carter III, Councilmembber Harris, Councilmember Helgen, City Council President Lantry and Councilmember Stark
6 - Nay: 0 Absent: 1 - Councilmember Thune 26 RES 10-948 Ordering the rehabilitation or wrecking and removal of the structures at 922 THOMAS AVENUE within fifteen (15) days after
the November 17, 2010, City Council Public Hearing. (Ward 1) 922 Thomas Ave.Summary for Public Hearing.doc 922 Thomas Ave.LH Ltr.10-26-10.doc 922 Thomas Ave.Order to Abate Nuisance
Building.8-11-10.DOC 922 Thomas Ave.Photos.7-21-10.pdf 922 Thomas Ave.Fire Report.12-18-09.pdf 922 Thomas Ave.Team Inspection Report.9-13-10.dot 922 Thomas Ave.Public Hearing Notice.9-24-10.DOC
922 Thomas Ave.Owners & Interested Parties.10-1-10.doc 922 Thomas Ave.Demo Bids.10-18-10.pdf 922 Thomas Ave. Photo #1.JPG 922 Thomas Ave.Photo #2.JPG 922 Thomas Ave.Photo Basement#1.JPG
922 Thomas Ave.Photo Basement#2.JPG 922 Thomas Ave.Documents.pdf Attachments: Legislative Hearing Officer Marcia Moermond recommended that the Council grant 90 days for the Certificatee
of Occupancy to be reinstated. No one appeared in opposition; Councilmember Carter moved to close the public City of Saint Paul Page 14
City Council Minutes - Final November 17, 2010 hearing and adopt the recommendation of the Legislative Hearing Officer. Adopted as amended (remove or repair within 90 days) Yea: Councilmember
Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Thune
City of Saint Paul Page 15
City Council Minutes - Final November 17, 2010 27 RES 10-958 Ordering the rehabilitation or wrecking and removal of the structures at 1107 ROSS AVENUE within fifteen (15) days after
the November 17, 2010, City Council Public Hearing. (Ward 6) 1107 Ross Ave.Order to Abate Nuisance Bldg.8-26-10.DOC 1107 Ross Ave.Photos.7-7-10.pdf 1107 Ross Ave.Public Hearing Notice.9-24-10.DOC
1107 Ross Ave.Owners & Interested Parties.10-1-10.doc 1107 Ross Ave.expired CCI.7-22-09.dot 1107 RossAve.Demo Bids.10-14-10.xls 1107 Ross Ave.R-R.LH Ltr.10-26-10.doc 1107 Ross Ave.LH
FTA ltr.11-9-10.doc Attachments: Legislative Hearing Officer Marcia Moermond recommended ordering removal of the structure within 15 days with no option for rehabilitation. No one appeared
in opposition; Councilmember Bostrom moved to close the public hearing and adopt the recommendation of the Legislative Hearing Officer. Adopted as amended (remove within 15 days with
no option for repair) Yea: Councilmember Bostrom, Councilmember Carter III, Councilmeember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Stark 6 -
Nay: 0 Absent: 1 - Councilmember Thune 28 RES 10-959 Ordering the rehabilitation or wrecking and removal of the structures at 869 SELBY AVENUE within fifteen (15) days after the
November 17, 2010, City Council Public Hearing. (Ward 1) 869 Selby Ave.Summary for Public Hearing.doc 869 Selby Ave R-R.LH Ltr.10-26-10.doc 869 Selby Ave.Photos.7-28-10.pdf 869 Selby
Ave.Order to Abate Nuisance Building.8-12-10.DOC 869 Selby Ave.Owners & Interested Parties.10-1-10.DOC 869 Selby Ave.Public Hearing Notice.9-24-10.DOC 863-869 Selby Ave.Demo Bids.10-18-10.pdf
Attachments: Legislative Hearing Officer Marcia Moermond said a Legislative Hearing was conducted and her recommendation had been for the Council to order removal of the building within
15 days. She said she had heard from the St. Paul Urban League in response to the letter from her office stating that it was a no-show hearing, and she believed someone was ppresent
from the Urban League to testify. She said she would withhold her recommendation and allow Mr. Selmer to be heard. Scott Selmer, St. Paul Urban League President, expressed concern
about the lack of notice or due process. He said the St. Paul Urban League was facing challenges, and mail was picked up from a post office box by volunteers on an irregular basis.
He said the Urban League had plans for the property, had engaged a realtor, and was asking for more time to look at alternatives other than demolition. He referred to photographs
he had been made aware of, and said the property had been boarded City of Saint Paul Page 16
City Council Minutes - Final November 17, 2010 because teenagers had been staying there. He said that during the previous six months they had changed the locks and had attended to
the property as well as possible given the challenges they were facing. He said they had a service that mowed the lawn and cleared the snow. Councilmember Carter moved to close the
public hearing. Yeas 6 Nays 0 (Bostrom not present for vote) Council President Lantry asked what category vacant building the property was. Ms. Moermond stated that it was a Category
3 registered vacant building. She said an inspection was conducted on July 27 and the building was determined to be nuisance structure. Council President Lantry noted that the property
couldnt be transacted. Ms. Moermond said the Order to Abate a Nuisance Building was sent to the same post office box as the letter sent from her office regarding the public hearing.
She said her recommendation was to refer the matter back into Legislative Hearing with the condditions that the property be maintained, a Code Compliance inspection be ordered within
a week, and property taxes paid within two weeks. She said if those conditions were met she would recommend granting time. Councilmember Carter said he appreciated Mr. Selmer being
at the hearing, but the City had had to maintain the property, there were unpaid taxes, and the property was obviously in terrible shape. He said he was surprised to see a situation
like this one involving the Urban League. He said he disagreed that due process was not done, but supported property owners who wanted to save their property. He moved to adopt
the recommendation of the Legislative Hearing Officer and refer the matter back for a Legislative Hearing if the conditions were met. Laid over to December 1 City Council meeting for
status report on conditions. Public hearing held and closed. Laid over to December 1. Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen,
City Council PPresident Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 29 RES 10-960 Ordering the rehabilitation or wrecking and removal of the structures at 1644
REANEY AVENUE within fifteen (15) days after the November 17, 2010, City Council Public Hearing. (Ward 7) 1644 Reaney Ave.Summary for Public Hearing.doc 1644 Reaney Ave.R-R.LH Ltr.10-26-10.doc
1644 Reaney Ave.Order to Abate Nuisance Building.8-5-10.DOC 1644 Reaney Ave.Photos.7-7-10.pdf 1644 Reaney Ave.Owners & Interested Parties.10-1-10.doc 1644 Reaney Ave.Public Hearing Notice.9-24-10.DOC
1644 Reaney Ave.Demo Bids.9-20-10.xls Attachments: Legislative Hearing Officer Marcia Moermond recommended ordering removal of the structure within 15 days with no option for rehabilitation.
No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and adopt the recommendation of the Legislative Hearing Officer. Adopted as amended (remove within
15 days with no option for repair) City of Saint Paul Page 17
City Council Minutes - Final November 17, 2010 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember
Thune and Councilmember Stark 7 - Nay: 0 30 RES 10-961 Ordering the rehabilitation or wrecking and removal of the structures at 590 GORMAN AVENUE within fifteen (15) days after
the November 17, 2010, City Council Public Hearing. 590 Gorman Ave.Summary for public hearing 590 Gorman Ave.Owner Documents.11-9-10.pdf 590 Gorman Ave.Order to Abate Nuisance Building.8-26-10.DOC
590 Gorman Ave.Photos.8-2-10.pdf 590 Gorman Ave.Demo Bids.9-20-10 590 Gorman Ave.Public Hearing Notice.9-24-10.DOC 590 Gorman Ave.Owners & Interested Parties.10-1-10.doc 590 Gorman Ave.Insp
Appt Ltr.7-28-10.DOC 590 Gorman Ave.Photos.10-16-09.pdf 590 Gorman Ave.LH ltr.11-9-10.doc 590 Gorman Ave.Reinspect Fee Invoice.pdf Attachments: Legislative Hearing Officer Marcia Moermond
asked that the Council lay the matter over to December 1, at which pooint she expected to be able to recommend granting 180 days for rehabilitation. No one appeared in opposition;
Councilmember Thune moved to continue the public hearing to December 1. Public hearing continued to December 1 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris,
Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 31 ALH 10-177 Appeal of Terri and Dan Brennan to a Fire Certificate of
Occupancy Revocation and Order to Vacate at 1787 ORANGE AVENUE EAST. 1787 Orange Ave E.Appeal.10-7-10.pdf 1787 Orange Ave E.Fire Inspection Ltr.9-23-10.dot 1787 Orange Ave E.Photos.7-7-10.pdf
Attachments: No one appeared in oppostion; Councilmember Bostrom moved to close the public hearing and deny the appeal. Appeal denied Yea: Councilmember Bostrom, Councilmember Carter
III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 32 ALH 10-247 Appeall of Jean O'Brien to
an Order to Vacate and Condemnation for Unsafe City of Saint Paul Page 18
City Council Minutes - Final November 17, 2010 Conditions at 842 RICE SREET. 842 Rice St.Appeal.10-18-10.pdf 842 Rice Street.Order to Vacate.10-8-10.dot Attachments: Legislative Hearing
Officer Marcia Moermond said the question was whether the property should be condemned, vacated and put into the registered vacant building program. She said during an October 8 inspection,
the inspector had noted a leaking roof, holes in the floors, no water service, and falling plaster on the upper floors. During the Legislative Hearing the property owner had testified
that there had been an operating business at the property for four years. Ms. Moermond said the property met at least three, if not four, of the criteria for a Category 2 registered
vacant building. The following appeared in opposition: Property owner Jean O'Brien (816 W. Arlington, St. Paul, 55117) asked for clarification of Ms. Moermonds recommendation and
of the definition of a Category 2 vacant building. Council President Lantry clarified. MMs. OBrien stated that the vacant building definition applied but she didnt believe the building
was unsafe. She said she had fixed the fire escape and addressed the leaks; she disputed that there was falling plaster. She said she didnt intend to correct everything because once
the building was sold the buyers would have their own plans. She said she didnt plan to open the building again, but had had a Certificate of Occupancy when the building was opened
in the summer. She acknowledged there were code issues to be addressed when the property sold, but said she didnt want a condemnation on the building because it would make it that
much harder to sell. She said she had shut off the gas and water because it cost a lot to keep them on. Councilmember Helgen moved to close the public hearing. Yeas 6 Nays 0 (Harris
not present for vote) Councilmember Helgen expressed sympathy with the property owner and situation. He said it was an important historic building, and he believed PED, the building
oowner and the community needed to work together to figure out a way to get it sold and rehabilitated. He moved to accept Ms. Moermonds recommendation to deny the appeal, and said
he was willing to work with the property owner on a strategy. Appeal denied Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Council President Lantry,
Councilmember Thune and Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris 33 ALH 10-270 Appeal of Sandra Fearson to a Vehicle Abatement Order at 782 FULLER AVENUE.
782 Fuller Ave.Appeal.10-14-10.pdf 782 Fuller Ave.Vehicle Abatement Order.10-11-10.DOC 782 Fuller Ave.Photo.10-19-10.DOC 782 Fuller Ave.Police Tow Work Order.10-21-10.DOC Attachments:
No one appeared in opposition; Councilmember Carter moved to close the public City of Saint Paul Page 19
City Council Minutes - Final November 17, 2010 hearing and deny the appeal. Appeal denied Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Council President
Lantry, Councilmember Thune and Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris 34 ALH 10-319 Appeal of Thomas Rogee to a Summary Abatement Order at 842 CLEAR
AVENUE. 842 Clear Ave.Appeal.10-25-10 842 Clear Ave.Summary Abatement Order.10-21-10.DOC 842 Clear Ave.Correction Notice.9-14-10.DOC 842 Clear Ave.Summary Abatement Order.9-14-10.DOC
842 Clear Ave.Photos.10-21-10.pdf Attachments: No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and deny the appeal. Appeal denied Yea: Councilmember
Bostrom, Councilmember Carter III, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris
35 ALH 10-322 Appeal of Bryan Horton, Renewal by Andersen, on behalf of Roy & Stephanie Kay to an Egress Window Non-Compliance Determination at 1865 PORTLAND AVENUE. 1865 Portland
Ave.LH Minutes.08-17-10.doc 1865 Portland Ave.Appeal.8-6-10.pdf 1865 Portland Ave.LH Ltr.8-17-10.doc 1865 Portland Ave-Egress window form.10-14-10.pdf Attachments: Legislative Hearing
Officer Marcia Moermond said a building permit had been applied for and denied for installation of replacement windows with openable dimensions of 17 inches high by 20 inches wide.
She said her recommendation was to deny the appeal because there was no compensating width for the height shortfall. The following appeared in opposition: Bryan Horton, Renewal by
Anderson (1920 W. County Road C, Roseville, MN 55113), said he had originally appealed a permit denial for double-hung windows with measurements of 17 inches high by 20 inches wide,
but was now proposing casement windows measuring 36 5/8 by 15 5/8. He said the Council had granted an appeal two weeks before involving windows with identical dimensions. Councilmember
Stark moved to close the public hearing. Yeas 6 Nays 0 (Harris not present for vote) City of Saint Paul Page 20
City Council Minutes - Final November 17, 2010 Councilmember Stark said given the extra height and the width shortfall of only 3/8 inch below what Ms. Moermond routinely granted, he
would move to grant the appeal. Appeal granted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember
Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris 36 ALH 10-140 Appeal of Justin Bowser to a Fire Inspection Order at 312 BURGESS STREET. 312 Burgess St.Appeal.9-22-10.pdf 312
Burgess St.Fire Inspection Ltr.6-23-10.dot 312 Burgess St.Fire Inspection Order.9-16-10.dot Attachments: Councilmember Helgen confirmed with Legislative Hearing Officer Marcia Moermond
that her recommendation included removal of the illegal triplex. No one appeared in opposition; Councilmember Helgen moved to close the public hearing and accept the recommendations
of the Legislative Hearing Officer. Appeal denied Yea: Councilmember Bostrom, Councilmember CCarter III, Councilmember Helgen, City Council President Lantry, Councilmember Thune and
Councilmember Stark 6 - Nay: 0 Absent: 1 - Councilmember Harris 37 ALH 10-277 Appeal of Jeffrey DeLisle to a Notice of Condemnation Unfit for Human Habitation and Order to Vacate
at 520 Rice Street. City of Saint Paul Page 21
City Council Minutes - Final November 17, 2010 520 Rice St.Appeal.10-26-10.pdf 520 Rice.Appeal.11-9-10.pdf 520 Rice St.Vacate Order.10-22-10.pdf 520 Rice St.Vacate Order.11-2-10.dot
520 Rice St.Photos #1.11-2-10.pdf 520 Rice St.Photos #2.10-20-10.pdf 520 Rice St.Photos #3.10-21-10.pdf 520 Rice St.Photos #4.10-29-10.pdf 520 Rice St.Photos #5.10-29-10.pdf 520 Rice
St.Photos #6.11-2-10.pdf 520 Rice St.Photos #7.11-2-10.pdf 520 Rice St.Engineering Rept.11-1-10.pdf 520 Rice St.Frank Berg Email.10-21-10.pdf 520 Rice St.Frank Berg Email.10-29-10.pdf
520 Rice St. structural engineer email 11-4-10.pdf 520 Rice St.Attorney letter11-17-10.pdf Attachments: Legislative Hearing Officer Marcia Moermond gave a staff report. She said orders
were issued on October 22 based on a complaint inspection. At that time the inspector noted several types of items including structural and building issues, electrical and sanitation
issues, and extermination issues. An appeal was filed on October 26 describing a dispute between thhe property owner and first floor tenant over responsibility for the deficiencies,
questioning whether the items merited condemnation, and requesting a 110 day extension if the items were found to merit condemnation. Ms. Moermond said her direction at the appeal
was that a full Certificate of Occupancy (C of O) inspection be conducted and a structural engineer hired to develop a plan for the temporary shoring of the structure. A C of O inspection
was conducted the day following the appeal hearing, and a multitude of violations identified, including structural, electrical and many having to do with fire exits. At the November
2 Legislative Hearing Ms. Moermond asked that the C of O deficiencies be corrected within two weeks. She said good work was done during the two weeks but more problems were discovered.
She said she was not confident that the project could be done in a timely enough fashion given the significant remaining problems related water leakage, the electrical system, and
egress. She said that in the previous days Legislative Hearing the owner testified that about half of the hundred-and-some items had been completed. No permits had been finalled
except one for the temporary shoring of the first floor. Ms. Moermond said three weeks had passed since the first orders were written and serious life safety issues remained. She
said what had sealed the deal for her was testimony in the previous days Legislative Hearing that the Senior Building Inspector had been shocked by a bare wire that had fallen from
above the ceiling when he was examining the source of water leakage. She said the Director of the Department of Safety and Inspections (DSI) and Senior Building Inspector were present
to answer questions. Ms. Moermond said her recommendation was that the Certificate of Occupancy be reinstated by the close of business on Friday, November 19 and all permits finalled
except for the permanent restructuring of the first floor, or an Order to Vacate would be issued for 8:00 a..m. on Monday November 22. The following appeared in opposition: Robert
Foster, attorney for the first floor tenant, said his client was requesting that a partial partial C of O be issued to allow the business to continue; he distributed a memorandum to
Council members. He said the structural problems on the first floor City of Saint Paul Page 22
City Council Minutes - Final November 17, 2010 had been addressed temporarily and the retail fixtures were being relocated to another part of the building to expedite the permanent
repairs; he referred to an engineers report attached to the memorandum. He said electrical work was being done under permit that day and the electrician was trying to schedule the
final inspection for the next day. He stated that that addressed the two life safety issues identified on the first floor. Chad Lemmons (7300 Hudson Boulevard, Oakdale, MN 55128)
appeared on behalf of property owner Jeffrey DeLisle. He said the windows, doors, and smoke detectors had been completed, and the fire alarm system tested and certified. He said
everything from the October 29 letter except the paving and rear deck would be completed by that Friday, and inspections could be ordered from that time. He said completing the deck
required submission of a plan and was a three-week process, but there would always be two means of egress aavailable while the deck was being worked on. He said Mr. DeLisle was asking
for an extension to spring for the paving and exterior painting. He said the building provided twelve units of affordable housing. Dennis Kroll, Kroll and Associates Architects
(1313 5th Street S.E., Minneapolis, MN 55414), said it was a good solid building but had some problems. He said he would be ready to submit final details for a building permit the
next day, and the issue with water could also be addressed as soon as the next day. He said he felt the egress stairs in the back were not perfect but were adequate. Ron Michaelson,
Southern Minnesota Regional Legal Services (SMRLS), said the residents present had stayed for the public hearing because they cared, and as legal aides SMRLS also cared about the tenants,
about the safety of their clients, and about the City of St. Paul. He commended Ms. Moermond and City staff for alerting those involved with the building to the problems. He stated
that the tenants wwere happy that someone was taking care of the building but didn't want to move. Jeff Sullivan (374 185th Street, Osceola, WI), contractor for Mr. DeLisle, reiterated
Mr. Lemmons comments about the work being done by Friday except the three items mentioned. Tenant Ricardo Halmberg said he had two kids, there were four other families with children
in the building, and none of them wanted to be homeless. He said the contractors were working hard. Tenant Richard said he had grandchildren who lived with him. He said the contractors
had been working hard to fix the problems and he would like to stay there. Tenant Wanetta Blair said shed lived there for five years, and good work had been done on the building since
the previous Monday. She didnt think it was fair that they should be put out before Thanksgiving with no where else to go. Councilmember Carter asked Ms. Blair to confirm the length
of time shed been a tenant and how long the current conditions had existed. Ms. Blair said it hadnt been inn the same condition for the five years. Tenant Tanya Powers (with Sean
Powers) said they had two children, and had moved in recently and hadnt had any problems. She said lots of work had been done over the last three weeks. She said they had been homeless
for two years and didnt think it was right that they should be put out on the street with their children. Tenant and caretaker Ralph Tohm said they had been doing everything they could,
City of Saint Paul Page 23
City Council Minutes - Final November 17, 2010 day and night, to make sure the repairs were done in a timely manner. He said hed lived there on and off for seven years and didnt want
to lose it. Mr. Tohms fiancée, Heather Goers, said the older of her two children was 19 years old and disabled, and would be on his own if the family lost their home and needed assistance.
Tenant Doctor Stevens said hed been homeless for two of the last three years. He said the building was not that bad and hed stayed with people who lived in worse places. He encouraged
Council members to see the building. Tenant Ron Mercil, speaking for himself and roommate Randy Beumus, said hed lived there for four years and the landlord fixed things when asked.
He said hed thought they had until December 31 to make the corrections; he asked for more time. He said he and his roommate were disabled and would need more than a few days notice
to pack. He said problems were to be expected in an old building and more time should bbe allowed to correct them. Tenant Calvin Newell said it was getting cold outside and the holidays
were coming. He said hed lived there with his girlfriend for three years, and someone had always attended to anything theyd needed. He said hed noticed the caretakers had been doing
a great job since the since Fire inspection. He asked that they be given the time necessary to complete the repairs. He said the building provided affordable housing for good people.
Randy Reduns said he worked with the DeLisle Company. He said he had accompanied the Fire inspectors when they had done the 103 item list. He said there were major items but many
on the list were minor. He said he and the contractor had walked through the building prior to the public hearing, and he had worked with a crew to clean basement. He said he believed
momentum would carry through to get the remaining work done. He said displacing the twelve families would be a serious issue, and he had confidence in the DeLisles and the peopple
working with them. Councilmember Carter moved to close the public hearing. Yeas 6 Nays 0 (Bostrom not present for vote) Councilmember Carter expressed appreciation for the willingness
to extend the public hearing and for the tenants testimony. He said he did not look favorably on the argument that the landlord was providing a building that was better than being
homeless. He said he empathized with the tenants frustration and agreed they had been wronged, but it was not the City who had wronged them. Councilmember Carter said he believed
that whenever there was a property owner willing to step up we like this, the opportunity should be given. He asked Ms. Moermond what was really possible. Ms. Moermond said she had
spoken with DSI Director Ricardo Cervantes and Senior Building Inspector Steve Ubl, and there continued to be concerns. She said she was glad to hear that most items were done and
she hoped the C of O re-inspection could be scheduled. She recommended granting an extension to Maay 31, 2011 for exterior painting and for patching if the patching was weather-sensitive.
She recommended that the Council order a thorough inspection by a senior electrical inspector. She said she needed more information on the second exit before making a recommendation
about whether the building could continue to be occupied while measures were taken to make it safer. Council President Lantry said there didnt seem to be an issue since the property
owners representatives had testified that everything would be done by that Friday, as City of Saint Paul Page 24
City Council Minutes - Final November 17, 2010 Ms. Moermond had ordered. She said the situation was terrible, the property owner should be ashamed, and she was not willing to take
on responsibility for putting twelve families out during the holidays. She stressed that the property owner was responsible for allowing the conditions to exist. Councilmember Harris
agreed. He said it was embarrassing and troubling to hear
the tenants defending a situation created by an individual who obviously didnt care about the tenants living conditions. Councilmember Bostrom said the situation was outrageous. He
recalled a recent fire in Minneapolis and said the conditions endangered not only the residents but firefighters as well. Councilmember Carter noted that the Council was not responsible
for the conditions but would be responsible if they filed to act and something happened. Council President Lantry asked for direction from Senior Building Inspector Steve Ubl. Mr.
Ubl said most of the items on the C of O list were life safety, and the two critical items were the exiting issue and electrical issues. He said the electrical work currently being
done assumed dry interior use, and he doubted the leaking could be addressed within a couple of days because of the condition of the roofs. He said the exit from the two decks to
the public right-of-way was across those roofs, and he was concerned about safety. He said the second exit for the second level was made up of two decks, and neither one was safe.
He said hed spoken with the contractor and architect about strategies for replacing the decks, and the problem was maintaining the required number of exits while the work was being
done. Councilmember Carter proposed that the C of O deficiencies must be addressed by that Friday, an extension be granted to spring for the exterior items, and the matter be laid
over for one week to follow-up on plans for the longer term items. Ms. Moermond reviewed. She said the deadline for the C of O requirements would bbe the close of business on Friday,
November 19, and for submitting plans for the structural and egress issues would be Wednesday, November 24 at 3:00 p.m. She asked that a thorough electrical inspection be a condition
of continued occupancy. Council President Lantry asked what the Councils options would be the following week if there were continued problems, and whether evicting the tenants on Thanksgiving
was a possible outcome. Councilmember Carter said he wanted to take advantage of the property owners current motivation to keep work on the building moving forward. Councilmember
Helgen noted a recent building collapse on Front Avenue, and said the Council should tread carefully and hold Mr. DeLisle accountable. Councilmember Bostrom said it was a tragedy that
it took a situation like this to finally motivate the landlord to act. He said he was afraid the landlord was playing the Council, knowing they would not order the building vacated
before Thanksgiving. He reiterated that it was essentiial that exits be clear and safe. Councilmember Carter reviewed the conditions and deadlines and moved a one-week layover. Public
hearing held and closed. Laid over to November 24. City of Saint Paul Page 25
City Council Minutes - Final November 17, 2010 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember
Thune and Councilmember Stark 7 - Nay: 0 Councilmember Harris acknowledged visiting students from St. Agnes High School. ADJOURNMENTAdjourned 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 off Saint Paul Page 26