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1375_m_city_council_10-11-03_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 3, 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 - 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 (Items 1 - 14) Councilmember Stark moved appproval of the Consent Agenda. Consent Agenda Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 1 RES 10-1131 Approving and ratifying Labor Agreements between the Independent School District #625 and the International Union of Painters and Allied Trades, District Council 82 (May 1, 2010 - April 30, 2013) and the Professional Employees Association, Inc. (January 1, 2010 - December 31, 2011). (To be laid over from November 3 to November 10 for adoption) ISD 625 Painters 2010 - 2013.pdf ISD 625 Professional 2010 - 2011.pdf Attachments: Laid over to November 10 for Adoption City of Saint Paul Page 1 City Council Minutes - Final November 3, 2010 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 2 RES 10-1132 Approving the Maintenance Labor Agreement between City of Saint Paul and Operative Plasterers and Cement Masons International Association, Local 633 (May 1, 2010 - April 30, 2010 (To be laid over from November 3 to November 10 for adoption) Cement Masons Contract 2010 - 2013.pdf Cement Masons 2010 - 2013 Attachment.pdf Attachments: Laid over to November 10 for Adoption Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 3 RES 10-1092 Accepting the gift of airfare and hotel from Brookings to reimburse costs incurred by Mayor Coleman and Cecile Bedor at the Global Metro Summit 2010. Invite for Mayor to attend Global Metro Suummit.pdf Travel Expenses paid for by Brookings for Mayor and Cecile Bed.pdf Attachments: Adopted 4 RES 10-1160 Authorizing Councilmember Carter to accept a gift of travel, lodging, and miscellaneous travel expenses to participate in a delegation led by the Wilder Foundation in regards to the Promise Neighborhood grant. Adopted 5 RES 10-1156 Authorizing the City of Saint Paul to seek funds from the Minnesota Pollution Control Agency from the Environmental Assistance Grant Program Attachments: MPCA Grant Application Approval (RES 10-1156).pdf Adopted 6 RES 10-1088 Designating targeted communities that meet the census tract criteria outlined in Minn Stat. 469.201, subd. 10 and 469.202. Census Tracts that meet the criteria of Minn. Stat. 469.202 subd.2 Targeted Communities Designation Map Attachments: Adopted 7 RES 10-1028 Approving the use of assessment financing in accordance with City policy for the installation of a fire protection system at Hamernick Decorating located at 1381 N. Rice St. (File No.. FP2010-04) City of Saint Paul Page 2 City Council Minutes - Final November 3, 2010 Attachments: Financial Analysis RES 10-1028 Adopted 8 RES 10-1066 Authorizing the Department of Parks and Recreation to enter into an agreement with Culture Inc. to provide and promote a refrigerated ice rink in downtown St. Paul for the "Winter Skate" Program and provide and install decorative lights in downtown St. Paul parks over the winter of 2010-2011. Attachments: Res 10-1066-Culture Inc Holiday Lights.pdf Adopted 9 RES 10-1069 Authorizing The City of Saint Paul to enter into an agreement with Ramsey County to accept recycling containers for use in public spaces. Attachments: Recycling Container Grant Agreement 2010.docx Adopted 10 RES 10-1082 Resolution approving assessment in the matter of the assessment of benefits, cost, and expenses for Collection of Certificate of Occupancy Fees (re-invoiced) August, 2010. File No. CRT1101, and setting date of Legislative Hearing for December 07, 2010 and City Council public hearing for January 19, 2011. Reporrt of Completion Assessment Roll Attachments: Adopted 11 RES 10-1084 Resolution approving assessment in the matter of the assessment of benefits, cost, and expenses for Emergency Clean Up on Private Property during September, 2010 at 599 McKnight Rd S. File No. J1105A, and setting date of Legislative Hearing for December 07, 2010 and City Council public hearing for January 19, 2011. Report of Completion Assessment Roll Attachments: Adopted 12 RES 10-1085 Resolution approving assessment in the matter of the assessment of benefits, cost, and expenses for Property Clean Up on Private Properties during the time period of September 20 to September 29, 2010. File No. J1106A, and setting date of Legislative Hearing for December 07, 2010 and City Council public hearing for January 19, 2011. Report of Completion Assessment Roll Attachments: Adopted City of Saint Paul Page 3 City Council Minutes - Final November 3, 2010 13 RES 10-1086 Resolution approving assessment in the matter of the assessment of benefits, cost, and expenses for Providing weekly Trash Hauling on Private Properties during the time period of September 01, to September 29, 2010. File No. J1103G, and setting date of Legislative Hearing for December 07, 2010 and City Council public hearing for January 19, 2011. Report of Completion Assessment Roll Attachments: Adopted 14 RES 10-1087 Resolution approving assessment in the matter of the assessment of benefits, cost, and expenses for Graffiti Removal on Private Properties during the time period of August 15, to September 09, 2010. File No. J1105P, and setting date of Legislative Hearing for December, 07, 2010 and City Council public hearing for January 19, 2011. Report of Completion Assessment Roll Attachments: Adopted ORDINANCES An ordinance is a city law enacted by the City Council. It is read at four separate council meetings and becomes effective afteer passage by the Council and 30 days after publication in the Saint Paul Legal Ledger. Public hearings on ordinances are held at the third reading. First Reading 15 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: Laid Over to November 10 for Second Reading SUSPENSION ITEMS Councilmember Carter moved suspension of the rules to introduce the following items: Yeas - 7 Nays - 0 41 RES 10-1117 Resolution ordering the rehabilitation or wrecking and removal of the structures at 555 CHARLES AVE within fifteen (15) days after the October 20, 2010, City Council Public Hearing. City of Saint Paul Page 4 City Council Minutes - Final November 3, 2010 555 Charles.LH Minutes.9-28-10.doc 555 Charles.LH Minutes.10-12-10.doc 555 Charles.Public Hearing Notice.9-2-10 555 Charles.Order to Abate Nuisance Building.7-15-10 555 Charles.Inspection Appt Ltr.6-3-10 555 Charles.Photos.6-30-10 555 Charles.Updated Owners & Interested Parties.10-15-10 Attachments: Legislative Hearing Officer Marcia Moermond recommended that the Council grant 180 days for the rehabilitation of the structure; she said all of the usual conditions had been met. Councilmember Carter reviewed the conditions and moved to adopt the recommendation of the Legislative Hearing Officer. Adopted as amended (grant 180 days for the rehabilitation of the structure) Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 43 ALH 10-121 Appeal of Steve Truen to a Vacant Building Registration, Code Compliance Inspection and Firee Certificate of Occupancy Deficiency Letter at 1064 Stinson Street. 1064 Stinson St.Fire C of O Revocation Ltr.3-11-10 1064 Stinson St.VB Ltr Requiring Code Compliance Insp.4-16-10 1064 Stinson St.Code Compliance Insp Rept.8-31-10 1064 Stinson St.VB Registration Ltr.1-14-10 1064 Stinson St.Minutes.9-21-10.doc Attachments: Legislative Hearing Officer Marcia Moermond said the outstanding issue was whether a plumbing permit needed to be pulled for recent plumbing changes or whether they would be covered under an old permit. She said she had consulted with the Department of Safety and Inspections, and determined a new permit should be pulled. Councilmember Carter asked how old the old permit was. Ms. Moermond said she believed it was 15 years old. Councilmember Carter moved to adopt the recommendation of the Legislative Hearing Officer. Appeal Denied Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune aand Councilmember Stark 7 - Nay: 0 The meeting was recessed at 3:35 p.m. Council President Lantry reconvened the meeting at 5:30 p.m. City of Saint Paul Page 5 City Council Minutes - Final November 3, 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 - 16 RES 10-1120 Authorizing Right-of-Way Maintenance for 2011. Attachments: 2011 Right of Way Scope of Work - Revised 10-27-10.pdf Public Works Director Rich Lallier gave a brief staff report. He reviewed efficiencies that had been instituted and said the only rate increase was a 2% increase related to the loss of a state grant for the Emerald Ash Borer. He asked that the rates be adopted. Council President Lantry explained that Items 16, 17, 18, 19 and 20 would be laid over to December 15. The following appeared to testify: Matt Anfang, St. Paul Business Owners and Managers Association (BOMA), said that as part of the 2012 budget process, BOMA would like to continue the conversation with Public Works about partnering with thhe City on building maintenance, keeping end-of-year surpluses in the class from which they were collected, and justifying cost increases by class. He expressed appreciation for Public Works' cooperation, especially Rich Lallier and John Maczko. Wa Xiong spoke on behalf of Ying Yang, property owner at 1985 Idaho. Long Vee provided Hmong interpretation. Mr. Xiong said Ms. Yang's property value had dropped since she bought the home but she continued to pay the same property tax rate. He said Ms. Yang was a single mother struggling to support her family and put a child through college, and he asked that the Council be mindful of situations such as Ms. Yang's. Mike Schumann, Traditions Classic Home Furnishings at Grand and Oxford, reiterated his concerns (from the October 6 public hearing on the ratification of the ROW maintenance program) about the inequity and inconsistencies in assessments for commercial property owners on corner lots. He proposed that the City change the rules so that commerccial properties are assessed the same way residential properties are. Tony Voh, representing the business owner at 542 Stryker Avenue, said he'd been astounded when he'd learned recently of the method for calcualting ROW charges for commercial properties on corner lots, and said he would like to see a change to a more equitable system. Lynn Birawer, owner of an fourplex on a corner lot, asked for a more equitable system, and said if the City was going to charge the rates it did, it should perform the ROW maintenance work. Council President Lantry said 2011 rates would be ratified in October 2012, and there was a commitment from OFS to do a study and report back to the Council in the meantime on options for assessing ROW charges. Councilmember Stark moved to close the public hearing and lay the matter over to City of Saint Paul Page 6 City Council Minutes - Final November 3, 2010 December 15. Councilmember Stark said he appreciated the testimony, recognized the common theme, and felt it should be addressed. Councilmember Carter echoed Councilmember Stark's comments. Public hearing held and closed; laid over to December 15 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 17 RES 10-1043 Setting the 2011 Sanitary Sewer and Storm Sewer Rates. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and lay the matter over to December 15. Public hearing held and closed; laid over to December 15 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 18 RES 10-1115 Setting the recycling service fee for 2011 and allowing Public Works to requuest $597,750 in SCORE grant funds from Ramsey County to support the curbside recycling program under contract with Eureka Recycling. No one appeared in opposition; Councilmember Helgen moved to close the public hearing and lay the matter over to December 15. Councilmember Helgen said that in the intervening time he hoped there would be a better understanding of any changes with Eureka. He said he thought it would also be useful to begin to look more closely at the organics policy and begin to plan for that. Public hearing held and closed; laid over to December 15 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 Page 7 City Council Minutes - Final November 3, 2010 19 RES 10-1126 Establishing the 2011 Residential Street Vitality Program Assessment Rates. Attachments: 2011 St. Improvement Special Assessment Bonds .pdf No one appeared in opposition; Councilmember Thune moved to close the public hearing and lay the matter over to December 15. Public hearing held and closed; laid over to December 15 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 20 RES 10-1108 Establishing the Water Rates for 2011. Council Resolution SPRWS-2011 rate fiscal impact.pdf Attachments: No one appeared in opposition; Councilmember Harris moved to close the public hearing and lay the matter over to December 15. Councilmember Harris acknowledged Water Board staff and commissioners present. Councilmember Helgen said the current rate structure was driven by the need to sell water rather than to encourage conservvation; he suggested that the Council consider establishing a base rate based on the cost of maintaining the infrastructure and providing high quality water, and charge for additional usage. Public hearing held and closed; laid over to December 15 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 21 RES 10-1109 Establishing charges for cut-off of water service connections. Council Resolution Report on Proposed Cut-Off Charges SPRWS-2011 cut off rate fiscal impact.pdf Attachments: No one appeared in opposition; Councilmember Harris moved to close the public hearing and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 22 RES 10-1116 Amending the budget in the Department of Planning and Economic Cityy of Saint Paul Page 8 City Council Minutes - Final November 3, 2010 Development by adding $60,000.00 to the Financing and Spending plans for a grant received from the Saint Paul Foundation to fund the Central Corridor Emergency Working Capital Loan Fund. Attachments: Financial Analysis Lowertown Bridge Loans Res 10-1116.pdf No one appeared in opposition; Councilmember Carter moved to close the public hearing and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 23 RES 10-1041 Accepting the First Light, Accountability, Response and Enforcement (FLARE-UP) grant and amending the financing and spending plans in the Police Department in the amount of $56,125. (Laid over from October 27) FLARE-UP Grant FLARE-UP Grant Financial 10-1041 Attachments: No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approve the resolution. . Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 24 RES 10-1173 Amending the budget in the Department of Parks and Recreation by establishing Financing and Spending Plans for a grant received from the development of the Cherokee Regional Park Trail project in the amount of $250,000 for the Cherokee Regional Park Trail project. Attachments: Cherokee Project-Signed Resolution.pdf No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 25 RES 10-997 Amending the budget in the Department of Parks and Recreation by adding a $218,000.00 Financing and Spending Plan for a Minnesota Legislative-Citizen Commissioon on Minnesota Resources (LCCMR) grant for development of the Como Woodland Classroom. City of Saint Paul Page 9 City Council Minutes - Final November 3, 2010 Attachments: Como Woodland Classroom.xls No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry, Councilmember Thune and Councilmember Stark 7 - Nay: 0 26 RES 10-1046 Amending the budget in the Police Department by adding $125,000.00 for a Financing and Spending Plan for a grant received from the State of Minnesota Department of Public Safety for the Ramsey County Violent Crime Enforcement Team (VCET). RC Violent Crime Enforcement Team RC Violent Crime Enforcement Team Financial 10-1046 Attachments: No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmeember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 27 RES 10-1058 Amending the budget in the Department of Emergency Management by establishing Financing and Spending plans for state and federal reimbursement received in the amount of $484,558.00 for the Spring 2010 flood budget. Flood Resolution Financial Analysis (Res 10-1058).pdf 2010 Spring Flood Reimbursement Summary - Emergency Management .pdf Attachments: No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 28 RES 10-1095 Amending the budget in the Department of Public Works by establishing a Financing and Spending Plan for an OSHA Safety Grant in the amount of City of Saint Paul Page 10 City Council Minutes - Final November 3, 2010 $8,500.00. OSHA Grant Award Notification.pdf OSHA Safety Grant.pdf Attachments: No one appeared in opposition; Councilmember Harris moved to close the public hearing and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 29 RES 10-998 Amending the Capital Improvement Budget in the Department of Parks and Recreation by adding $150,000.00 to the Financing and Spending Plans for a Solar Energy Legacy Grant received for the Como Pool project. Attachments: Como Pool Solar Grant.xls No one appeared in opposition; Councilmember Helgen moved to close the public hearing and approve the resolution. Adopted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 30 APC 10-3 Public hearing to consider the appeal of Sandra Belisle to a decision of the Planning Commission denying a change of nonconforming use permit to add pet boarding and pet day care to her existing pet grooming business at 360 Clifton Street. Appeal application Planning Comm, Zoning Cmte action.pdf Correspondence.pdf 60-day extension.pdf Staff report and supporting information.pdf R. Reich email received 10/31/10 Steffen letter - received 11-2-10 C Thao email received 10-28-10 Lehman letter received 11-3-10 Lutgen letter received 11-3-10 Attachments: Patricia James, Planning and Economic Development, gave a staff report. She said in 2006 the applicant had obtained a reestablishment of nonconforming use permit for a pet grooming business, and subsequently had applied to add dog daycare and boarding to the business. The staff recommendation was to deny the request, City of Saint Paul Page 11 City Council Minutes - Final November 3, 2010 District 9 did not make a recommendation, the Zoning Committee recommended denial on a vote of 4 to 1, and the Planning Commission recommended denial on a vote of 13 to 3. Jane Prince (111 E. Kellogg Boulevard, Suite 300) appeared representing the appellant. She distributed packets including her legal memo and a petition of support. She asked that appeal be granted for the following reasons: 70% of the neighbors had signed the zoning petition to allow Ms. Belisle to operate her grooming and boarding business at the present location; the nonconforming use permit in 2006 was for the same boarding and grooming business; and the zoning code was silent on the issue. Ms. Prince said the Planning Commission erred by basing its denial on the staff recommendation requiring that the applicant apply for a new zoning permit; she said the 2006 nonconforming use permit was legally sufficient. She said boarding and daycare met the zoning requirement for an acccessory use, and were not more intensive than grooming. She said the Planning Commission also erred by basing its denial on two staff reports in which staff did not know whether the manner in which the applicant was running her business required a change or expansion of its nonconforming use. She said the Planning Commission also erred in basing its denial on staff reports that included incomplete, incorrect or misleading statements of fact. She noted that the Ramsey County Animal Control and Humane Society facilities were both in residential areas. She said the applicants business met all state requirements for animal handling. She reviewed procedural errors which she believed provided grounds for automatically overturning the Planning Commission decision. Sandra Belisle (360 Clifton Street), business owner, said Council's decision was critical to the survival of her business, which had paid taxes and employed people since 1976. Hilary Major (364 Clinton Street), next-door neighbor to thee business, expressed her support and said the business was more of an asset than a liability. She said business traffic was negligible, and Ms. Belisle and her customers were considerate of neighbors. She said Ms. Belisle was generous with help regarding pets, and the business provided important employment opportunities, especially for first-time workers. Mary Bett (712 Roundhill Road, Mendota Heights), long-time employee, said the business had hundreds of loyal customers. She said Ms. Belisle had served as a mentor for her in starting her own business. David Kelly (44 Kenwood Parkway), customer, said it was important to have pet boarding businesses in St. Paul, and Ms. Belisles was a good one. Betsy Kelly (44 Kenwood Parkway) said she would hate to see Ms. Belisle lose her business. Carol Johnson (8401 Monroe, Spring Lake Park), customer since the 70s, said there was no noticeable animal noise at the business and Ms. Belisle was very good with the animals. Brenda Sugii (13701 Courthouse Boullevard) said Ms. Belisle had taught her to groom animals 25 years ago. She said she had her own grooming and boarding business, and boarding was a natural extension of grooming because of the trust and confidence built. No one appeared in opposition; Councilmember Thune moved to close the public City of Saint Paul Page 12 City Council Minutes - Final November 3, 2010 hearing. Yeas - 6 Nays - 0 Councilmember Thune said he was inclined to grant the appeal for the following reasons: The use was not more intensive than grooming; the code was silent on boarding in 2006; and pet boarding was allowed in certain residential areas in other cities. He suggested that staff check that out and consider adding it to St. Pauls zoning code. Councilmember Thune asked that the following conditions be imposed: The conditions from the 2006 decision remain in effect; up to two additional employees or independent contractors may be added for the boarding and daycare business; boarding be limited to a maximum of six dogs or a number determined safe and acceptable by animal control; all applicable statutes and licensing requirements be met; and dogs not be left unattended outdoors when the grooming business is closed. He noted that Ms. Belisle had a pet shop license but was limited to selling one litter per year of offspring froom the owners own pets. Appeal Granted with Conditions Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 31 RES 10-1172 Resolution ordering the rehabilitation or wrecking and removal of the structures at 927 JORDAN AVE within fifteen (15) days after the November 3, 2010, City Council Public Hearing. 927 Jordan.LH Minutes.10-12-10.doc 927 Jordan Ave.Public Hearing Notice.9-17-10 927 Jordan Ave.Owners & Interested Parties.9-17-10 927 Jordan Ave.Inspection Appt Ltr.5-26-10 927 Jordan Ave.Order to Abate Nuisance Building.7-23-10 927 Jordan Ave.Photos.7-7-10 927 Jordan Ave.Photos.3-15-08 Attachments: Legislative Hearing Officer Marcia Moermond said the County 4R program would like the opportunity to bid the deconstruction; she recommended that the Council order demolition within sixty (60) 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 60 days with no option for rehabilitation) Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 32 RES 10-1174 Resolution ordering the rehabilitation or wrecking and removal of the structures at 968 JACKSON ST within fifteen (15) days after the November City of Saint Paul Page 13 City Council Minutes - Final November 3, 2010 3, 2010, City Council Public Hearing. 968 Jackson St.LH Minutes.10-12-10.doc 968 Jackson St.Owners & Interested Parties.9-17-10 968 Jackson St.Order to Abate Nuisance Building.7-23-10 968 Jackson St.Public Hearing Notice.9-17-10 968 Jackson St.Photos.6-23-10 968 Jackson St.Inspection Appt Ltr.6-14-10 Attachments: Legislative Hearing Officer Marcia Moermond recommended that the Council order removal of the structure within fifteen (15) days with no option for repair. No one appeared in opposition; Councilmember Helgen 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 rehabilitation) Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 33 RES 10-1180 Ordering the rehabilitation or razing and removal of the sstructures at 1456 COHANSEY STREET within fifteen (15) days after the November 17, 2010, City Council Public Hearing. 1456 Cohansey.LH Minutes.10-12-10.doc 1456 Cohansey St.Public Hearing Notice.9-17-10 1456 Cohansey St.Owners & Interested Parties.9-17-10 1456 Cohansey St.Order to Abate Nuisance Building.7-23-10 1456 Cohansey St.Photos.6-22-10 1456 Cohansey St.Inspection Appt Ltr.6-9-10 1456 Cohansey St.docs.pdf 1456 Cohansey St.Documents.11-19-10.pdf Attachments: Legislative Hearing Officer Marcia Moermond asked that the Council continue the public hearing to December 1. She said the owner had been asked to provide a work plan by November 19, and other conditions were being met. No one appeared in opposition; Councilmember Helgen moved to continue the public hearing to December 1. Continue Public Hearing to December 1 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Couuncilmember Stark 34 RES 10-1182 Ordering the rehabilitation or razing and removal of the structures at 578 City of Saint Paul Page 14 City Council Minutes - Final November 3, 2010 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 asked that the public hearing be continued to December 15. No one appeared in opposition; Councilmember Carter moved to continue the public hearing to December 15. Continue Public Hearing to December 15 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 35 RES 10-867 Resolution ordering the rehabilitation or wrecking and removal of the struuctures at 1173 BRADLEY STREET within fifteen (15) days after the November 3, 2010, City Council Public Hearing. (Ward 5) 1173 Bradley.LH Minutes.10-12-10.doc 1173 Bradley St.Order to Abate.7-23-10.pdf 1173 Bradley St.Photos.5-26-10 1173 Bradley St. Insp Appt Ltr.5-12-10 1173 Bradley St.Public Hearing Notice.9-14-10 1173 Bradley St.Owners & Interested Parties.9-17-10 Attachments: Legislative Hearing Officer Marcia Moermond recommended that the Council order the structure removed within fifteen (15) days with no option for repair. No one appeared in opposition; Councilmember Helgen 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 rehabilitation) Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 36 RES 10-1027 Resolution ordering the rehabilitation or wrecking and removal of the City of Saint Paul Page 15 City Council Minutes - Final November 3, 2010 structures at 947 Earl Street within fifteen (15) days after the City Council Public Hearing. [Laid over from September 15] (Ward 6) 947 Earl.LH Minutes.8-24 & 10-12-2010.doc 947 Earl St.Substantial Abatement Order.6-23-10 947 Earl St.Summary Abatement Order.8-19-10 947 Earl St.Public Hearing Notice.7-30-10 947 Earl St.L&S Service.7-26-10 947 Earl St.Order to Vacate.7-20-09 947 Earl St.Photos.7-21-09 947 Earl St.Photos.6-2-10 947 Earl St.BDI Order.6-3-10 947 Earl St.VB Registration Form.6-24-10 Attachments: Legislative Hearing Officer Marcia Moermond said the property was in the County's 4 R program but the Council had already laid it over for a couple of months. She recommended that the Council proceed with an order to remove the property within fifteen (15) days. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and adopt the recommendation of the Legislative Hearing Officer. Adopted Yea: Councilmember Bostrom, Counciilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 37 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 public hearing be continued to December 15. No one appeared in opposition; Councilmember Thune moved to continue the public hearing to December 15. Continue Public Hearing to December 15 Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 38 ALH 10-149 Appeal of Yolanda Menchaca to an Order to Vacate and Vacant Building City of Saint Paul Page 16 City Council Minutes - Final November 3, 2010 Registration Notice at 480 Lawson Avenue West. 480 Lawson Ave.Appeal.9-28-10.pdf 480 Lawson Ave W.Condemnation & Vacate Order.9-10-10 480 Lawson Ave W.Summary Abatement Order.8-12-10 480 Lawson Ave W.VB Registration Ltr.8-13-10 480 Lawson Ave W.VB Registration.9-13-10 480 Lawson Avenue 10-5-10 minutes.doc Attachments: Legislative Hearing Officer Marcia Moermond said the conditions leading to the vacant building registration no longer existed. She recommended that the appeal be granted. No one appeared in opposition; Councilmember Helgen moved to close the public hearing and adopt the recommendation of the Legislative Hearing Officer. Appeal Granted Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 39 ALH 10-207 Appeal of Ahti Hujanen to a Fire Certificate of Occupancy Correction Order at 971 Case Avenue. (WWard 6) 971 Case Ave.Appeal.10-8-10.pdf 971 Case Ave.Fire C of O Ltr.9-23-10 971 Case Ave.Photos.9-22-10 971 Case Ave.Fire C of O.7-20-10 971 Case Ave.Fire C of O Ltr.9-17-10 Attachments: No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and adopt the recommendation of the Legislative Hearing Officer. Appeal Denied Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 40 ALH 10-86 Appeal of Pro Realty Services, represented by Leah Frenning, to a Fire Inspection Correction Notice at 1648 Fourth Street East. 1648 4th St E.Appeal.9-16-10.pdf 1648 4th St E.Fire C of O Ltr.8-28-10 1648 4th St E.PC Ltr 9-28.doc 1648 4th St E.PC ltr.10-19-10.doc Attachments: No one appeared in opposition; Councilmember Thune moved to close the public City of Saint Paul Page 17 City Council Minutes - Final November 3, 2010 hearing and adopt the recommendation of the Legislative Hearing Officer. Appeal Denied Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark City of Saint Paul Page 18 City Council Minutes - Final November 3, 2010 SUSPENSION ITEMS Council President Lantry moved suspension of the rules to introduce the following item: Yeas - 6 Nays - 0 (Stark not present for vote) 42 ALH 10-176 Appeal of Robert Wicker, Deerbrook Holdings, Inc. to a Summary Abatement Order at 702 Wilson Avenue. (Ward 7) 702 Wilson Ave.Summary Abatement Order.9.29.10 702 Wilson Ave.Photos.9-29-10 702 Wilson Ave.LH Minutes.10-12-10.doc 702 Wilson Ave.SA Ltr.10-12-10.doc 702 Wilson Ave.SA Ltr.10-12-10 REVISED.doc Attachments: No one appeared in opposition; Councilmember Thune moved to close the public hearing and adopt the recommendation of the Legislative Hearing Officer. Appeal Denied Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark ADJOURNMENTMeeting adjourned at 6:33 p.m. Yea: Councilmember Bostrom, Councilmember Carter III, Councilmember Harris, CCouncilmember Helgen, City Council President Lantry and Councilmember Thune 6 - Nay: 0 Absent: 1 - Councilmember Stark 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 19 City Council Minutes - Final November 3, 2010 City of Saint Paul Page 20