SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 20, 2005 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 20, 2005 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard |
The meeting was called to order at 3:35 p.m. by Council President Lantry.
Present - 7 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 0
CONSENT AGENDA (Items 1 - 32)
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.
Barb Benson stated that Item 39 required an amendment as noted below.
Councilmember Montgomery requested Item 7 be removed for discussion.
Councilmember Bostrom requested Item 16 be laid over one week.
Councilmember Helgen requested Item 17 be removed for discussion.
Councilmember Harris requested Item 31 be removed for discussion.
Councilmember moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1.
Claims of Jennifer Adelmann, Lowrell Anderson, Rebecca and Karl Batalden, Tracy Davis, Matthew Engel (for Tom Gallagher, Joe Collins, Troy Allison and Dadders Properties, LLC), Deborah and Gerard Engelen-Eigler, Tyrone Mooney, Dana Newman, and Tom Vachuska.
Referred to Risk Management
2.
Summons and Complaint in the matter of Western National Mutual Insurance Company vs. the City of Saint Paul, et al.
Referred to the City Attorney’s Office
3.
Summons in Civil Case, Complaint, and Demand for Jury Trial in the matter of Thomas Gallagher, Joseph Collins, Troy Allison, and Dadders Properties LLC vs. the City of Saint Paul, et al. (Re: rental properties)
Referred to the City Attorney’s Office
4.
Proposed Second Amended Complaint in the matter of Frank Steinhauser, Mark Meysembourg and Kelly Brisson v. the City of Saint Paul, et al. (Re: rental properties)
Referred to the City Attorney’s Office
5.
Demand for Judicial Determination in the matter of Aaron Lee Tallman/Sandra Renee Tallman vs. 2003 Chevrolet Monte Carlo (City of St. Paul).
Referred to the City Attorney’s Office
6.
Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 3, 2005 to consider the zoning study for the area bounded by Stillwater, Bush, Howard and Waukon Avenue to determine consistency and compatibility of the current zoning classification with established development patterns and goals for the study area.
7.
Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on August 3, 2005 to consider the appeal of Christine Anning and Timothy O’Brien, 1005 Portland Avenue, to a decision of the Heritage Preservation Commission conditionally approving a permit application to construct a two and one-half story rear addition at 1009 Portland Avenue (Hill Historic District). (File No. HPC 05-205)
(Discussed after the consent agenda)
FOR ACTION
8.
Approval of minutes of June 15 and 22.
Adopted
Yeas - 7
Nays - 0
9.
Resolution - 05-639 - Approving a pilot project entitled “Saint Paul Library Competency Modeling Project - Library Associate and Librarian Job Family”
and accompanying memorandum of agreement.
Adopted
Yeas - 7
Nays - 0
10.
Resolution - 05-640 - Accepting a donation in the amount of $20,000 from the 3M Foundation in support of VISTA members working in Saint Paul Public Schools for Mayor Kelly’s Education Initiative.
Adopted
Yeas - 7
Nays - 0
11.
Resolution - 05-641 - Approving the license application with conditions, per the Legislative Hearing Officer, for an Auto Repair Garage License by Metric Service Center, 99 Hyacinth Avenue West.
Adopted
Yeas - 7
Nays - 0
12.
Resolution - 05-642 - Reducing the assessment for excessive consumption of inspection services at 338 Burgess Street.
Adopted
Yeas - 7
Nays - 0
13.
Resolution - 05-643 - Revoking the rental registration certificate for property
at 473 Idaho Avenue West registered to Taib K. Ansera.
Adopted
Yeas - 7
Nays - 0
14.
Resolution - 05-644 - Approving the June 21, 2005 decisions of the Legislative Hearing Officer on appeals of Letters, Correction Notices and Correction Orders for the following addresses: 604 Oakdale Avenue, 669 Thomas Avenue, 1801 Ivan Way, 1434 Breda Avenue and 499 Payne Avenue.
Adopted
Yeas - 7
Nays - 0
15.
Resolution - 05-645 - Memorializing City Council action taken July 6, 2005 denying the appeal of Wally Nelson, Renovation Inc., to a decision of the Board
of Zoning Appeals denying a side yard setback variance in order to construct a new single family dwelling at 1566 Point Douglas Road South.
Adopted
Yeas - 7
Nays - 0
16.
Resolution - 05-646 - Memorializing City Council action taken July 6, 2005 denying the application of Chan Lam and Ha Tran, d/b/a Ha Auto Repair, for
an Auto Repair Garage License at 1103 Arcade Street.
Laid over to July 27
Yeas - 7
Nays - 0
17.
Resolution - 05-647 - Memorializing City Council action taken July 6, 2005 granting the application of Mau Dong, d/b/a Como Avenue Auto Sales, for a Second Hand Dealer-Motor Vehicle License at 509 Como Avenue.
(Discussed after the consent agenda)
18.
Resolution - 05-648 - Memorializing City Council action taken April 6, 2005, granting the application of the Housing and Redevelopment Authority for a subdivision by preliminary and final plat at the Koch site in order to create 13
sites for redevelopment, one outlot and one park, to provide for 322 housing units and limited commercial use at 1428 West Seventh Street and 778 Otto Avenue (bounded by the Soo Line Railroad, Otto Avenue and West Seventh Street). (Zoning File No. 04-129-956)
Adopted
Yeas - 7
Nays - 0
19.
Resolution - 05-649 - Memorializing City Council action taken July 6, 2005 denying the appeal of Ken Johnson for a nonconforming use permit to establish a legal nonconforming status as a duplex at 29 Douglas Street.
Adopted
Yeas - 7
Nays - 0
20.
Resolution 05-650 - Memorializing City Council action taken July 6, 2005 granting the application of Landmark Development Group, LLC for a subdivision (lot split) to create two residential R-4 parcels with a variance for lots with frontage on an unimproved street at 1375 McLean Avenue (between Etna and Clarence Streets). (Zoning File No. 05-117-803)
Adopted
Yeas - 7
Nays - 0
21.
Resolution - 05-651 - Memorializing City Council action taken July 6, 2005 granting the application of Johnson Brothers Liquor Company for a Combined Plat for University Carleton Development in order to create five parcels at 2295 University Avenue. Adopted
Yeas - 7
Nays - 0
22.
Resolution - 05-652 - Authorizing the Director of Planning and Economic Development to submit an application to the Metropolitan Council for a Livable Communities Demonstration Account funding for 2005.
Adopted
Yeas - 7
Nays - 0
23.
Resolution - 05-653 - Authorizing the Department of Fire and Safety Services to enter into a 5-year lease agreement with Steven G. Bauer for storage of antique fire apparatus. Adopted
Yeas - 7
Nays - 0
24.
Resolution - 05-654 - Establishing a 2005 financing and spending plan for the Cold Case Unit grant contribution received from Target Corporation.
Adopted
Yeas - 7
Nays - 0
25.
Resolution - 05-655 - Amending a 2005 financing and spending plan in the Police Department for participation in the Minnesota Financial Crimes Task Force. Adopted
Yeas - 7
Nays - 0
26.
Resolution - 05-656 - Authorizing the Police Department to enter into an agreement with the Minnesota Department of Public Safety for the 2003 Homeland Security Part 2 Critical Infrastructure Grant.
Adopted
Yeas - 7
Nays - 0
27.
Resolution - 05-657 - Amending the 2005 financing and spending plan for the Strike Force Grant.
Adopted
Yeas - 7
Nays - 0
28.
Resolution - 05-658 - Authorizing the City of Saint Paul to accept art design in Kellogg Mall Park from the Saint Paul Foundation.
Adopted
Yeas - 7
Nays - 0
29.
Resolution - 05-659 - Authorizing a spending and financing plan for the 2005 Blooming Saint Paul project.
Adopted
Yeas - 7
Nays - 0
30.
Resolution - 05-660 - Authorizing spending and financing plans for grants to be awarded to the Division of Parks and Recreation based on the State’s 2005 Capital Improvement bonding bill and Federal TEA-21 grant appropriations.
Adopted
Yeas - 7
Nays - 0
31.
Resolution - 05-661 - Amending the spending and financing plans of the 2003 RSVP Program by transferring MSA funding to the Suburban Avenue Lighting Improvements Project and the University and Snelling Capacity Study.
(Discussed after the consent agenda)
July 20, 2005 City Council Summary Minutes
Page 2
32.
Resolution - 05-662 - Exempting certain properties from the conditions of Final Order No. 03-311 which authorized city acquisition of property rights for the Bruce Vento Trail Extension Project.
Adopted
Yeas - 7
Nays - 0
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7.
Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on August 3, 2005 to consider the appeal of Christine Anning and Timothy O’Brien, 1005 Portland Avenue, to a decision of the Heritage Preservation Commission conditionally approving a permit application to construct a two and one-half story rear addition at 1009 Portland Avenue (Hill Historic District). (File No. HPC 05-205)
Councilmember Montgomery moved to continue the public hearing to August 17. Since this is a historic preservation district, she questioned if a re-notification would have to be sent.
John Kelly, Assistant City Attorney, responded that the process for the Council would be to grant the continuance to August 17. The item that was originally published for August 3 would continue to remain on the August 3 calendar and it should be noted on the agenda that the hearing will be continued. He further advised that an announcement be made at the hearing for anyone who is not aware of the continuance.
Public hearing will be held and continued to August 17 Yeas - 7 Nays - 0
17.
Resolution - 05-647 - Memorializing City Council action taken July 6, 2005 granting the application of Mau Dong, d/b/a Como Avenue Auto Sales, for a Second Hand Dealer-Motor Vehicle License at 509 Como Avenue.
Councilmember Helgen said he would to make sure that it is clearly noted in the conditions that the number of vehicles that can be displayed is 28. Later in the meeting Councilmember Helgen stated that the Office of LIEP clarified that the number of vehicles is listed as 28 in the conditions.
Councilmember Helgen moved approval.
Adopted
Yeas - 7
Nays - 0
31.
Resolution - 05-661 - Amending the spending and financing plans of the 2003 RSVP Program by transferring MSA funding to the Suburban Avenue Lighting Improvements Project and the University and Snelling Capacity Study.
Councilmember Harris said once again his concern is using RSVP money and altering the schedule of these projects. This does not move funding within the RSVP project but takes $230,000 out of the RSVP program.
Councilmember Harris requested clarification at the July 27 Council meeting on why these and other changes are continually occurring, why programs are being delayed and moved, and why the priorities seem to be shifting.
Councilmember Lantry responded that this is not an RSVP program. There was a mill and overlay project that was scheduled for Suburban Avenue almost two years ago but because the neighborhood wanted to apply for a STAR grant and do some other improvements it was coordinated with their Small Area Plan and the project was delayed.
Councilmember Harris moved to lay over one week.
Laid over to July 27
Yeas - 7
Nays - 0
FOR DISCUSSION
33.
Resolution - 05-663 - Adopting the Northeast Corridor Development Plan Summary as an addendum to the Saint Paul Comprehensive Plan.
(Discussed with Item 48)
34.
Consideration of the application of Hill Building Limited Partnership for a Registered Land Survey (RLS) to create four (4) tracts at the southwest corner of Kellogg Boulevard and Wall Street. (Zoning File #05-087-170) (Public hearing held and closed June 1; laid over July 6)
Councilmember Thune noted that a letter was received from the Cornerstone Group asking that this matter be laid over for 60 days. He asked if that constitutes a waiver by the applicant. John Kelly, Assistant City Attorney, responded that it would not unless it was in writing agreeing to extend the time line.
Councilmember Thune moved to lay over one week and requested that staff check with Cornerstone to see if they would waive the 60 days.
Laid over to July 27
Yeas - 7
Nays - 0
35.
Consideration of the application of Gilbert St. Study for a Zoning Study to consider rezoning property at 0 Unassigned, area bounded by Wilder Street, Soo Line Railroad, Prior Avenue, and I94, to multiple family residential. (Public hearing held, closed, and laid over from June 15 and July 6)
Councilmember Benanav moved to deny the application saying the developer wants to build 33 units of student housing and more student housing is not needed. There are a lot of issues that the developer has not been able to adequately address. The Planning Commission erred in not recognizing the negative impact that the additional housing along the freeway would have on the residential area that abuts it.
Motion of Intent - Application denied
Yeas - 7
Nays - 0
36.
Consideration of the appeal of Alan Butts and Teri Tarver to a decision of the Board of Zoning Appeals denying a height variance in order to construct a new two-story detached garage at 1083 Sherburne Avenue. (Zoning File No. 05-103923) (Public hearing held, closed, and laid over July 6)
Councilmember Montgomery stated that this matter was laid over on July 6, 2005 in order for the applicant to consider revising his garage plans. The plans have been revised to lower the height of the proposed garage to 18.5 ft. instead of 20.5 ft. and the pitch of the roof also changes with the lower height of the garage. The Board of Zoning Appeals reviewed the design and recommended that it be approved with the change. Ms. Montgomery read the findings into the record.
Councilmember Montgomery moved as follows:
Motion of Intent - Appeal denied and modified variance granted
Yeas - 7
Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
37.
Final Adoption - 05-441 - An ordinance amending Chapters 65 and 66 of the Saint Paul Legislative Code pertaining to the regulation of rooming houses in the I2 (general industrial) zone and several minor amendments related to community residential facilities and similar group residential housing. (Laid over from June 8 and July 6)
Councilmember Benanav moved to lay over two weeks
Laid over to August 3 for final adoption Yeas - 7
Nays - 0
38.
Third Reading - 05-606 - An ordinance memorializing City Council action granting the application of Boca Chica Parking Lot (Frias Family Partnership)
to rezone property at 407 Livingston Street East, northwest corner at Isabel, from RM1 (Low Density Multiple Family Residential) to VP (Vehicular Parking). (Public hearing held June 15, 2005)
Laid over to July 27 for final adoption
39.
Second Reading - 05-630 - An ordinance to bring Saint Paul Legislative Code Chapter 198 into conformance with Minnesota Statute 21346.155 by adding language requiring owners to register regulated animals.
Councilmember Helgen moved to amend Page 1, Line 3 by deleting ‘21" from the Statute number.
Amended and laid over to August 3 for third reading/public hearing
Yeas - 6
Nays - 0 (Thune not present)
40.
Second Reading - 05-631 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to add a fee for the registration of regulated animals.
Laid over to August 3 for third reading/public hearing
41.
Second Reading - 05-632 - An ordinance amending certain sections of Chapter 64 of the Saint Paul Legislative Code pertaining to the regulation of advertising signs.
Laid over to August 3 for third reading/public hearing
42.
Second Reading - 05-633 - An ordinance amending Chapter 64.401 of the Saint Paul Legislative Code pertaining to the regulation of signs by adding new language permitting certain identification signs on private property and imposing regulations on the placement of such signs.
Laid over to August 3 for third reading/public hearing
43.
Second Reading - 05-634 - An ordinance amending § 33.04(G) of the Saint Paul Legislative Code pertaining to fees imposed on certain permits for work related
to the demolition of buildings or structures and for work on various types of signs.
Laid over to August 3 for third reading/public hearing
44.
Second Reading - 05-635 - An ordinance amending § 33.07(4)(e) of the Saint Paul Legislative Code pertaining to barbed wire fences by adding new language providing for the assessment of an annual registration fee to accompany the
annual certificate of insurance renewal requirement.
Laid over to August 3 for third reading/public hearing
45.
Second Reading - 05-636 - An ordinance amending § 33.08 of the Saint Paul Legislative Code pertaining to street encroachments by adding new language providing for the assessment of an annual registration fee to accompany the
annual certificate of insurance renewal requirement.
Laid over to August 3 for third reading/public hearing
46.
Second Reading - 05-637 - An interim ordinance pursuant to Minn. State. §462.355, Subd. 4, preserving the status quo within an area in Ward Seven lying south of Lower Afton Road and west of a line approximate with Winthrop Street, as if Winthrop Street were fully open to the south to the Ramsey County/ Washington County Line, pending the completion of a report regarding the River Corridor Overlay District. (Amended July 13)
Laid over to August 3 for third reading/public hearing
47.
First Reading - 05-664 - An ordinance pertaining to parking meter zones pursuant to Chapter 160 of the Saint Paul Legislative Code.
Laid over to July 27 for second reading
Suspension items - See last page
The meeting was recessed from 4:05 to 5:30 p.m.
Roll Call: Present - 6 Absent - 1 (Montgomery - arrived later in the meeting)
PUBLIC HEARINGS
48.
Third Reading - 05-607 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul with changes to the zoning maps for the Northeast Corridor.
A substitute ordinance was presented.
Penny Simison, Department of Planning and Economic Development (PED), presented a staff report. She reminded the Council that several years ago PED began working on what was then known as the Riverview Corridor. Several months ago, that was split into three geographic parts. The Northeast Corridor runs from Lafayette Park through the East Side and up to Hillcrest. There are six nodes in that corridor: Lafayette Park, Metropolitan State, Arcade, Phalen Village, Maryland and White Bear, and Hillcrest. Zoning changes are proposed for three of those nodes: Metropolitan State, Arcade, and Phalen Village. All of the zone changes that are recommended are meant to implement the recommendations in the Plan Summary as well as to meet the objectives of transit oriented development that also encourages reinvestment in these areas.
No one appeared in opposition; Councilmember Bostrom moved to close the public hearing. Yeas - 6 Nays - 0 (Montgomery not present)
Substitute ordinance laid over to July 27 for final adoption
33.
Resolution - 05-663 - Adopting the Northeast Corridor Development Plan Summary as an addendum to the Saint Paul Comprehensive Plan.
Councilmember Bostrom moved approval.
Adopted
Yeas - 7
Nays - 0
Penny Simison noted that in addition to the Plan Summary that was approved by the Planning Commission, the Mayor’s transmittal letter included several recommended changes.
Councilmember Bostrom recalled this item and moved to lay over one week in order to review the Mayor’s recommendations.
Laid over to July 27
Yeas - 7
Nays - 0
49.
Resolution - 05-665- Approving adverse action against all licenses held by Patom, Inc., d/b/a Shamrocks Grill & Pub, 995 West Seventh Street.
Rachel Gunderson, Assistant City Attorney, presented a staff report. The Office of LIEP initiated an adverse action against Shamrocks after being notified of a 19 day lapse in liquor liability coverage. There was no dispute that there was a lapse. The recommenda-tion of the Office of LIEP was for the Council to follow the matrix penalty which is a 10-day suspension of all licenses.
Pat Fleury, owner of Shamrocks, appeared. He said there was no dispute but explained that he was in the process of changing insurance companies and what he was told and what actually happened were two different things so he did not know there was a lapse until he was notified.
Councilmember Thune moved to close the public hearing
Yeas - 7 Nays - 0.
Councilmember Thune said this is a situation where the Council almost invariably follows the matrix and he moved approval.
Councilmember Harris asked Ms. Gunderson if the Council ever deviates from the matrix. Ms. Gunderson responded that the Council recently deviated from the matrix for Fasika’s restaurant. She thought the Council imposed a 5-day suspension of liquor only.
Councilmember Thune renewed his motion for approval.
Adopted
Yeas - 7
Nays - 0
50.
Resolution - 05-666 - Approving adverse action against all licenses held by Ketsana’s St. Paul Restaurant, Inc., d/b/a Ruam Mit Thai Café, 475 Saint Peter Street.
Rachel Gunderson, Assistant City Attorney, stated this matter is almost identical to Item 49. It involved a 23-day lapse in liquor liability insurance and the Office of LIEP recommended a 10-day suspension of all licenses.
The owner of Ruam Mit Thai Café appeared and cited personal issues involved in the lapse in insurance and that she was not aware the bill was not paid.
Councilmember Thune moved to close the public hearing and approval.
Adopted
Yeas - 7
Nays - 0
51.
Resolution - 05-667 - Approving adverse action against all licenses held by American Taxicab Service Corp., d/b/a Americab, 137 Mount Airy Street.
Rachel Gunderson, Assistant City Attorney, stated that the Office of LIEP was notified by the insurance company that the insurance for this taxicab had been cancelled. When there is no insurance on a taxicab, the license is revoked. Further, the owner of the business responded that the reason he did not have insurance on the taxicab was because he did not have the vehicle anymore. Licensing does not license vehicles that people no longer have. The recommendation was to revoke the license.
No one appeared in opposition; Councilmember Montgomery moved approval.
Adopted
Yeas - 7
Nays - 0
52.
Public hearing to consider the appeal of Ron Staeheli regarding the ruling of the Saint Paul Truth-in-Sale of Housing Board. (Laid over from May 4 and May 18 for continuation of the public hearing)
Judy Hanson, Assistant City Attorney, appeared on behalf of the Saint Paul Truth-in-Sale of Housing Board. She said it was her understanding that this was an appeal by Mr. Ron Staeheli and also her understanding that it is a record review. She noted that she had provided the Council with documentation relative to a specific complaint again Mr. Staeheli. A hearing was held on that complaint by the Truth-in-Sale of Housing Board. No application was filed for Mr. Staeheli’s appeal so she was not sure what issues he was appealing. There were three complaints made against Mr. Staeheli who is a licensed truth-in-sale of housing evaluator. Hearings were held in front of the Board, there were transcripts, and actions were taken. On two of the complaints, there was not enough evidence so no action was taken against his license. On a third complaint relative to an evaluation he prepared on 572 Ohio, after hearing all of the evidence, the Board voted unanimously to suspend his license for 30 days and a one year probationary period. The basis of their decision was that there was a composite that was prepared by staff on certain evaluations that he had done. There were not specific complaints relative to each address but there were allegedly some errors and omissions in evaluation forms that he prepared. After reviewing the composite and taking testimony at the hearing, the Board determined that there was a pattern and practice of violations. This falls under Resolution 02-03 which was adopted by the Board on April 17, 2002. It is a Class 4 infraction. Infractions are those wherein the evaluator shows a pattern and practice of behavior detrimental to the program or contrary to professional conduct. This could include a documented pattern of late filing of reports, a failure to properly pay for the reports filed, an excessive number of founded complaints which may or not classify for Class 1 or Class 2 violations but would show a lack of care in completing the report according to the evaluation guidelines or in conformance with Chapter 189 which indicates incompetence. The Board determined that there was a pattern and practice of not completing reports in accordance with the guidelines.
Ms. Hanson said the Board also adopted a disciplinary letter to be placed in Mr. Staeheli’s file. He made a data practices complaint relative to that letter with the Department of Administration and they denied his complaint. It has not been made
a part of his file at this time because of the pendency of this appeal.
Ms. Hanson explained that this was a record review so there was not to be any further testimony or introduction of new evidence at this time. She told the Council the action they may take is to reverse the Board’s findings and order, or confirm or modify the Board’s order. Ms. Hanson asked the Council to confirm the order of the TISH Board for a 30-day suspension saying they did not act arbitrarily and capriciously but considered all the evidence and made their findings.
Ron Staeheli, the appellant, appeared and explained what is involved in order to become a truth-in-sale of housing evaluator and the guidelines that must be followed. With regard to this matter, he said he inspected a house on Ohio Street in St. Paul in November, 2003. A competitor did a private inspection of the same house five months later. He said this competitor has been responsible for every complaint on the composite complaint form before the Council. In the 15 years Staeheli has been doing inspections, this competitor found 19 items of deviation from what he said should appear on this report; a report Staeheli had done five months previously. Even if he had no issues with any of the complaints against him, he still would have got a score of 95% and for this excellent score he’s being suspended for 30 days. He presented further information in his defense and said this complaint is a competition driven complaint.
Bryce Staeheli, 350 Arbor Street, son of Ron Staeheli, was present and said he has been training to be a truth-in housing evaluator since 2001. During the course of his training he said he went through several houses looking at reports that were done. Ttaking the guidelines on any report prepared in the city, he found significant deficiencies with those reports that could be classified as what is being dealt with now. He submitted those
complaints to the program administrator and has not heard of one to go through completion.
Jerry Beedle, 1470 Riviera Avenue So., St. Croix Beach, MN, Truth-In-Sale of Housing Board Member, said they feel their responsibility is to all citizens when they buy a house. They have had other people in on charges and noted that Mr. Staeheli was suspended once before. The Board felt they followed everything to the tee and said there are records of everything that was said. They do not know if there is any truth to the allegation about a competitor as there is nothing in writing. They hear cases that are brought in on evidence that is presented by both the office and the evaluators. They try to do a fair and just job without being prejudice in any way.
Councilmember Thune moved to close the public hearing. Yeas - 7 Nays - 0
Judy Hanson explained the process when a complaint is received and said there are a lot of steps before a complaint gets to a hearing.
Discussion ensued between the Council, Ms. Hanson and Connie Sandberg, Truth In Sale of Housing Administrator.
Councilmember Thune said based on verbal and written information presented, he did not see that there is a pattern or track record of problems and that it seems very subjective to him. He felt the complaints and issues are vague and that the City has not made a case.
Councilmember Thune moved to reverse the decision of the TISH Board.
Councilmember Benanav added that the preponderance of the evidence does not indicate that Mr. Staeheli violated the City’s ordinance.
A lengthy discussed ensued. Councilmember Bostrom said if the City is sending inspectors out, they should be expecting good quality work and the public has a right to expect professionalism.
Councilmember Montgomery said she did not feel they could get a big picture of what’s going on with the materials they were given.
Councilmember Benanav said he felt there were some issues the Board had issues with but couldn’t find enough to find a violation and in an attempt to punish Mr. Staeheli, they imposed a pretty harsh 30-day penalty for what appears to be some deficiencies. He said he feels issues got mixed together and that it’s not very clean. He felt the problem is that when people are gathered in a room who are hearing that this individual may have a series of other unrelated violations, it taints their judgment or the potential penalty that they impose. He asked how the other five homes that are on the matrix were selected. Ms. Sandberg said she received complaints on them from someone who had an interest in them. Benanav said this appears to be an arbitrary imposition of 30 days and he needs something that would convince him that 30 days is appropriate. He asked where the matrix or precedent is and how 30 days was picked rather than another number.
Mr. Beedle responded that there were motions started on the Board to revoke Mr. Staeheli’s license for six months. Staeheli asked that they not take his livelihood away. That was taken into consideration and that is why the Board went with 30 days. There was a seriousness with the individual complaints. They were not grouped together into one thing. There were distinctive things on each one of the houses and in each case the Board considered his livelihood but they are trying to keep him aware of the seriousness of these things. There were other cases pending and the Board said they would see each one through individually. There were life-threatening things such as electrical, venting of water heaters - a whole series of things - and there were some on each of the houses and yet the reprimand did not come in the form of a suspension but he was informed that he had to tighten things up. Mr. Beedle said when they talk about 75 being a passing grade, the Board expects the inspectors, and especially someone with this much experience, to go way above that and not come up with error rates of 25% on each house. They have had complaints from homeowners and relatives of homeowners who have partial interest in a house. It took 8-9 months to get through this due to delays caused by Mr. Staeheli. It cost the city a large amount of money to finally come to this conclusion.
Councilmember Benanav noted that the five homes go back to 2001 and asked if these reports occurred prior to Mr. Staeheli’s prior suspension. Ms. Hanson said she believed that was the case but they were not considered at that time. Benanav said if they were indeed prior to the last suspension, to go back and get these five almost puts him in double jeopardy. They should have rightly been considered prior to his last suspension.
Councilmember Thune said when someone is accused of something, it has to be clearly stated in writing. He further said he did not see any life safety issues with the Ohio Street house.
Vote on Councilmember Thune’s motion to grant the appeal.
Appeal Granted
Yeas - 4
Nays - 3 (Bostrom, Helgen, Lantry)
Councilmember Thune requested that Code Enforcement provide the Council with a report on developing a matrix similar to the system used in the Office of LIEP. Ms. Sandberg responded that the TISH Board adopted a policy which is a disciplinary matrix and which they used to apply in this case. Council President Lantry asked that an electronic version of what was used to determine the 30-day suspension be sent to all Councilmembers.
(Councilmember Thune left the remainder of the meeting)
53.
Resolution - 05-668 - Ordering the owner to remove or repair the building(s)
at 1002 Matilda Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the property provided the following is completed by noon on July 20, 2005: 1) a code compliance inspection report; 2) a $2,000 bond is posted; 3) a work plan is submitted indicating how and when all the items on the Code Compliance Inspection Report will be addressed; and 4) a financial plan is submitted indicating the wherewithal to complete the work on the Code Compliance Inspection Report.)
Trudy Moloney, Director of City Council Operations, reported that the Legislative Hearing Officer, Marcia Moermond, was out of town on business. Ms. Moermond reviewed her cases with Ms. Moloney for her to report on. In this case, Ms. Moermond recommended continuing the public hearing for two weeks in order to receive an engineering report which the property owner has scheduled. The property owner has a code compliance inspection, has posted the $2,000 bond, but will not complete the work plan or financial plan until an engineering report comes forward.
No one appeared in opposition.
Councilmember Helgen moved to amend the Legislative Hearing Officer’s recommendation by granting the owner 60 days to complete rehabilitation provided a bond in the total amount of $5,000 is posted by August 3. A progress report is to be provided to the Council in 30 days.
Councilmember Helgen moved to continue the public hearing to August 3.
Laid over to August 3 for continuation of the public hearing
Yeas - 6
Nays - 0
54.
Resolution - 05-669 - Ordering the owner to remove or repair the building(s)
at 332 St. Clair Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the property provided the following is completed by noon on July 20, 2005: 1) a work plan is submitted indicating how and when all the items on the Code Compliance Inspection Report will be completed; 2) the financial capacity to execute all the items on the Code Compliance Inspection Report; and 3) taxes are brought up-to-date. If the property is being sold, a purchase agreement should be presented to the Legislative Hearing Officer.)
Trudy Moloney, Director of City Council Operations, reported that the Legislative Hearing Officer recommended that the building be removed or repair within 15 days because not all the stipulations had been met. A code compliance inspection has been completed, a $2,000 bond has been posted, according to the Ramsey County tax record the taxes are paid and up-to-date, however, a work plan or financial plan have not been received.
No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and lay over two weeks.
Public hearing held, closed and laid over to August 3
Yeas - 6
Nays - 0
55.
Resolution - 05-670 - Ordering the owner to remove or repair the building(s)
at 1265 Stanford Avenue within fifteen (15) days from adoption of resolution. (Note Item 56 also) (Legislative Hearing Officer recommends the following be completed by noon on July 20, 2005: 1) a $5,000 bond is posted; 2) a work plan is submitted indicating the general time period when things will be done and the subcontractor name(s); 3) a financial plan is submitted showing the wherewithal to complete the work on the Code Compliance Inspection Report; 4) the vacant building fees are paid; and 5) the purchase agreement is completed)
Trudy Moloney, Director of City Council Operations, presented a report on behalf of Marcia Moermond, Legislative Hearing Officer. She stated that the Legislative Hearing Officer recommended removing or repairing the property within fifteen days because all of the stipulations have not been met. A $2,000 performance bond was posted but not the $5,000 which was requested. A work plan or financial plan have not been received. The 2005 vacant building fees of $250.00 have not been paid. There is a purchase agreement but Ms. Moloney said they were unsure if it was the most up-to-date one for the property.
Jim Clobes appeared and said he purchased the property two days prior to this meeting, he posted bond, and paid all back taxes. Anything that couldn’t be paid they have in escrow because the City will not accept it until the final numbers are taken care of. Mr. Clobes said “they” have agreed to all of the recommended code compliances by the City Inspector. He indicated he had up-to-date contracts, forms and warranty deeds. He said the city planner only requested a $2,000 bond.
Steve Magner, Department of Neighborhood Housing and Property Improvement (NHI), stated he was present at the Legislative Hearing on this property. Based on the problems with this property and the discussions revolving around it, it was his opinion that the Hearing Officer felt the normal $2,000 bond required by ordinance needed to be increased to guarantee that this property was rehabilitated in a timely fashion. That was made clear to two gentlemen who represented themselves as the buyers of this property.
They did not have a purchase agreement at the Legislative Hearing and that is the reason one of the stipulations was to produce that document to show that they had actually closed on the property or had interest in it by the time of the public hearing on this date. The request for a $5,000 bond was made clear to Mr. Phillip Weiss and Mr. Weinhold who indicated he was the purchaser. That information was not given to the Office of LIEP as NHI generally waits until a decision is made at the public hearing on the formal bond cost before notifying them. What generally happens is that a person will voluntarily submit the funds and LIEP will accept that or they will come back after the public hearing and pay the full amount in a timely fashion. Mr. Magner said he did not think the City acted inappropriately by accepting only the $2,000 but it was unclear to him who has been following this property on a daily basis or who the gentleman was before them. Mr. Magner said he received a phone call from a gentleman the morning of July 20 indicating he was the buyer. This was news to him as the two individuals at the Legislative Hearing were adamant as to the fact that they were purchasing the property and they would be responsible for all the items.
There are other conditions that are not listed on the record because they were quite in depth based on the concerns from the neighborhood. The purchasers were made very aware of the situation, the concerns the City had, and that those concerns had to be followed up on - primarily the gutting of the dwelling. There was a significant rodent infestation in the property and there are major concerns with the neighbors that if the property is just allowed to be gutted in a standard fashion without some air control, there would be contamination to the neighboring properties. Steps also need to be taken, based on the MN Department of Health guidelines for lead abatement, to control the excrement and any dust or contaminants that would exit the property. Mr. Magner questioned whether the new buyer is aware of any of these conditions since he wasn’t at the hearing.
Mr. Clobes said he was not aware of any of the conditions Mr. Magner noted but rather he had the conditions asked by Code Compliance and he agreed to all of them. He deferred questions to his investment partner who said he did not understand “abatement.” Council President Lantry asked him if he has been in the house. He responded that he has been in it and he has rehabed houses much worse. Council President Lantry asked why the conditions were not met. Mr. Clobes said he just purchased the property and all conditions he was aware of will be met in a timely fashion and done according to the licenses and what is being asked. Lantry told him July 20 was the day everything was to be done and the conditions have not been met. Mr. Clobes responded that the bond was posted and he paid what the City required at that time. He has the purchase agreement and he feels all the conditions are met.
Appearing in support of the resolution were the following:
Neighbors Ted Kronschnabel, 1261 Stanford. He expressed concern for the welfare of his 17-day-old child and asked that the house be demolished.
Julie Mattson, 1258 Stanford, said the property is causing despair in the neighborhood and expressed concern for her housemate who has lung disease.
Mary Klarich, 1258 Stanford, expressed concern for the safety of the children in the neighborhood.
Richard Sonstegard, 1268 Stanford, said he may support rehabbing the house but he does not see quality with the proposed buyers of the property.
Councilmember Harris moved to close the public hearing Yeas - 6 Nays - 0
Councilmember Harris said this property has been a problem issue for quite a few years and it has now come to light that it was worse than anyone thought. This property has completely traumatized the neighborhood, he said, and it has been a complete blight in the neighborhood. He felt the Legislative Hearing Officer tried to get a process moving for rehabilitating the house but no one came forward to meet the requirements. It has been widely publicized and few people have stepped forward to say they would repair the property which, Harris said, leads him to believe it cannot be fixed up. It has been too much of a problem for the neighborhood and caused a lot of despair to many people that he thinks “the wise patch to travel on this one is to remove the structure.”
Councilmember Harris modified the recommendation and ordered that the owner remove the building within five days from adoption of the resolution.
Adopted as amended (Remove within five (5) days)
Yeas - 6
Nays - 0
July 20, 2005 City Council Summary Minutes
Page 2
56.
Resolution Ratifying Assessment - 05-671 - In the matter of the assessment of benefits, cost and expenses for boarding-up of vacant property during the month
of March 2005. (File No. J0502B) (Legislative Hearing Officer recommends the following:
1008 Farrington Street - laying over to the July 19 Legislative Hearing and the July 20 City Council Hearings; approval
1265 Stanford Avenue - approval (Note Item 55 also)
Trudy Moloney, Director of City Council Operations, confirmed the Legislative Hearing Officer’s recommendations as indicated.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted (per the recommendation of the Legislative Hearing Officer)
Yeas - 6
Nays - 0
57.
Appeal of Richard Bowen to a summary abatement order for property at 646 Fuller Avenue. (Legislative Hearing Officer recommends the following:
Tree Logs - appeal denied and should be moved by July 12, 2005;
Metal cabinet - appeal denied and should be moved by October 31, 2005;
Barrel - appeal granted and the barrel can stay there indefinitely provided that it is emptied once a week)
No one appeared in opposition; Councilmember Montgomery moved to close the public hearing and approve the recommendations of the Legislative Hearing Officer.
Appeal part granted and part denied (per the recommendation of the Legislative Hearing Officer)
Yeas - 5
Nays - 0 (Harris not present)
58.
Appeal of Want 2B Nice Properties III to a Vacant Building Registration Notice for property at 1131 Payne Avenue. (Legislative Hearing Officer recommends granting the appeal and withholding the Vacant Building Registration Fees until September 30, 2005. If the work is done by then, the fee will not be required.)
No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and grant the appeal.
Appeal granted (per the recommendation of the Legislative Hearing Officer)
Yeas - 6
Nays - 0
59.
Final Order - 05-672 - In the matter of the Seventh Place Mall operation and maintenance costs for 2005. (File No. 18428-2005)
No one appeared in opposition; Councilmember Montgomery moved to close the public hearing and approval.
Adopted
Yeas - 6
Nays - 0
60.
Resolution Ratifying Assessment - 05-673 - In the matter of the assessment of benefits, cost and expenses for the Seventh Place Mall operation and maintenance costs for 2004. (File No. 18428-2004)
No one appeared in opposition; Councilmember Montgomery moved to close the public hearing and approval.
Adopted
Yeas - 6
Nays - 0
61.
Resolution Ratifying Assessment - 05-674 - In the matter of the assessment of benefits, cost and expenses for construction of new concrete driveways and sidewalks, as requested by the property owners, as part of the Seventh/Daly RSVP. (File No. 18974B)
No one appeared in opposition; Councilmember Montgomery moved to close the public hearing and approval.
Adopted
Yeas - 6
Nays - 0
62.
Resolution Ratifying Assessment - 05-675 - In the matter of the assessment of benefits, cost and expenses for the reconstruction of sidewalks on the north side
of Reaney Avenue from Hazelwood Street to Germain Street. (File Nos. S02087 & S02087A)
No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval.
Adopted
Yeas - 6
Nays - 0
63.
Resolution Ratifying Assessment - 05-676 - In the matter of the assessment of benefits, cost and expenses for the reconstruction of sidewalks on the west side
of Barclay Street from East Arlington Avenue to East Nevada Avenue. (File No. S02116)
No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and lay over to August 3.
Public hearing held, closed, and laid over to August 3
Yeas - 6
Nays - 0
64.
Resolution Ratifying Assessment - 05-677 - In the matter of the assessment of benefits, cost and expenses for the reconstruction of various sidewalks in the City of Saint Paul. (File Nos. S04002, S04004-S04008 & S04010)
No one appeared in opposition; Councilmember Montgomery moved to close the public hearing and approval.
Adopted
Yeas - 6
Nays - 0
65.
Public hearing to consider the appeal of Joshua Onchwari to a decision of the Planning Commission denying a Conditional Use Permit for outdoor sales of vehicles at 1117 - 1125 Rice Street (between Geranium and Jessamine). (Zoning File No. 05-092-406)
Patricia James, Department of Planning and Economic Development, presented a staff report. Staff’s recommendation was approval with conditions. The District Council recommended denial and the Zoning Committee recommended denial on a vote of 7-0. The Planning Commission also denied the permit finding that the application did not meet two of the general conditions that all conditional use permits are required to meet. The applicant appealed that decision saying that those findings are inaccurate and that the application does meet all the conditions.
John Gearin, 600 Inwood Avenue North, Oakdale, appeared on behalf of Joshua Onchwari. He showed an architectural drawing of the proposed lot and said that Rice Street is zoned for business; B3. He noted a statement by the Zoning Committee in 3d that it is detrimental to the development of the neighborhood and he said there is no finding of fact. Any use by implication that’s permitted in a B3 zone is considered in line with the City’s Zoning Code. He quoted a Zoning Committee finding from 3c as follows: “Uses in the immediate area of Rice Street are those permitted in B2 and TN2 districts. This use would be the only one on the block that would require B3 zoning and would, therefore, be detrimental to the existing character of development in the immediate neighborhood.” Ms. James’ finding is the opposite saying that “this use would be the only one on the block that would require B3 zoning. However, the number of cars being offered for sale is at most 16 which is unlikely to be detrimental to the neighborhood or endanger the public health, safety, or general welfare.”
Mr. Gearin showed on the drawing that it would be 16 cars; 4 inside the building and 12 on the side. They met with District 6 and modified the plan. He felt the building was designed for multiple uses should the car lot not succeed.
Mr. Gearin stated that Mr. Onchwari owns two separate businesses in Minneapolis; an auto repair facility and an auto body shop. He also owns two tow trucks. He will not park cars on the street or leave cars for salvage value.
District 6 is talking about a pending rezoning of this district, Gearin said. Rice Street has a number of automobile businesses and there was comment that there would be too many car lots, but Mr. Onchwari has complied with every request to make this palatable to the community.
With regard to Finding 2d, Mr. Gearin said that the findings indicate that because this is the only one on the street, it will endanger the neighborhood. However, there are all kinds of auto related businesses in the district and that’s what has to be looked at. Because it’s the only one on the block, it’s the least impact there could be.
Mr. Gearin stated that Mr. Onchwari bout this lot in October, 2004 for $350,000 and he’s committed to making it succeed. He has done everything he needs to do; he’s met the code.
Dave Bergem, owner of Centerline Truck and Auto in St. Paul, appeared. He said he has done business on Rice Street for 19 years and has done work for Mr. Onchwari for 10 years. Mr. Onchwari is a good businessman, said Bergem, and he feels Rice Street needs good business people and new buildings.
Joshua Onchwari, appellant, said he has been in business for the past 15 years. He owns two businesses in South Minneapolis and he started the Rice Street project almost a year ago. He found the property after coming to the City and asking about the requirements for a used car lot and he feels he did everything that was expected and met the requirements. He has cleaned up everything that remained from the previous owner. The
cars will be kept in the back and no one will know it’s a used car lot. The people he talked to all signed his petition.
Jerry Steele, 3503 20th Avenue So., Minneapolis, a general contractor in Minneapolis, and president of the Minority Contractors’ Association, said he built a building for U.S. West on Front Street and Mr. Onchwari’s business means business for the community.
Appearing in opposition to the appeal was Kelly Antrim, representing the District 6 Planning Council. District 6 requested that the Council uphold the Planning Commis-sion’s resolution to deny the conditional use permit. Contrary to the applicant’s position, District 6 feels that the findings of the Planning Commission are true. The granting of this permit would be detrimental to the development and character of the neighborhood. and it would impede the normal and orderly improvement of the surrounding properties. The site would be the only B3 use in the block surrounding the site. Also, the Rice Street Small Area Plan that the Planning Commission has just approved has changed the zoning for this entire area to TN1 which shows that this type of business would both be detri-mental and impede the character of the neighborhood. The District 6 Large Area Plan calls for business diversity. An over-concentration of any one type of business, whether it be auto related or a barber shop impedes the growth and economic development of the neighborhood, Antrim said.
Councilmember Helgen moved to close the public hearing.
Yeas - 6
Nays - 0
Councilmember Helgen said this is an interesting project but it also is something that has been a concern for the neighborhood as to how to redevelop and revitalize Rice Street. This parcel is one of the few remaining vacant parcels where a good business could go that could bring in a higher density of jobs and bring in a mixed use development. By putting a car lot on it, it would limit the ability to redevelop that site more effectively. The design the owner came up with is a good example of a business working with the design guidelines but this type of business use and the number of auto related businesses and used car lots within the immediate area does not fit with the Large Area Plan or the Rice Street Plan. Helgen said he feels the Planning Commission made good judgments and that the Council should uphold their recommendations and deny the appeal.
Councilmember Harris said he understands the concerns of the neighborhood and told Councilmember Helgen that he should work with the property owner to try to achieve the goal that he wants to achieve.
Councilmember Montgomery said she was looking at some of the names of businesses on Rice Street and the businesses that are supporting the used car business. She also looked at the fact that the plan is not adopted yet and Mr. Onchwari bought it under the guise that it is B3. From the design, it appears he has met the goals that were set up by the Rice Street Design Standards that he’s trying to work into it. She said she would vote against Helgen’s motion because she feels Mr. Onchwari is making a concerted effort to work with the community with the guidelines that are presently in place. With the multi-cultural Rice Street community, she feels it’s a great step forward.
Motion of Intent - Appeal denied
Yeas - 5
Nays - 1 (Montgomery)
Suspension Items:
Councilmember Bostrom moved suspension of the rules to introduce the following resolution:
Resolution - 05-678 - Recognizing and honoring Lyle M. Pasket on the 60th anniversary of the sinking of the U.S.S. Indianapolis and proclaiming Friday, 22 July 2005, as Lyle M. Pasket Day in the City of Saint Paul.
Councilmember Bostrom said that the anniversary of the sinking of the U.S.S. Indianapolis is important to the citizens of St. Paul as well as the citizens of the country. He pointed out the big bell on the third floor of City Hall which came from the U.S.S. Saint Paul which was a sister ship to the U.S.S. Indianapolis. Lyle Pasket is a survivor of the sinking of the ship. Mr. Pasket was a St. Paul citizen who enlisted in the Navy in March of 1945. Mr. Bostrom read the resolution and moved approval.
Adopted
Yeas - 5
Nays - 0 (Benanav and Thune not present)
Councilmember Bostrom moved suspension of the rules to introduce the following resolution:
Resolution - 05-679 - Accepting the gift of ninety (90) Saint Paul “Snoopy”
statues from the Capital City Partnership to be conveyed to the U.S.S. Indianapolis survivors on the 60th anniversary of it sinking.
Councilmember Bostrom stated that Capital City Partnership contributed 90 seamen Snoopys which will be given to the approximately 90 survivors of the U.S.S. Indianapolis who are having a gathering in Indianapolis.
Councilmember Bostrom moved approval.
Adopted
Yeas - 5
Nays - 0 (Benanav and Thune not present)
Councilmember Harris moved to adjourn the meeting.
ADJOURNED AT 8:05 P.M.
Kathy Lantry, Council President
ATTEST:
Minutes approved by Council
Mary Erickson
August 10, 2005
Assistant Council Secretary
Submitted by:
Mary Erickson