Minutes 6-06-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 6, 2007 - 3:30 p.m.
PUBLIC HEARINGS – 5:30 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Note: All City Council meetings are on the City of Saint Paul’s website. Meetings can be viewed in their entirety or
a specific item can be viewed. Visit our website at www.ci.stpaul.mn.us/council and click on Watch the Live
Webcast.
The meeting was called to order at 3:32 p.m. by Council Present Lantry.
Present – 5 – Benanv, Bostrom, Harris, Lantry, and Montgomery
Absent – 2 – Helgen (excused); Thune (excused from City Council meeting; present at Public
Hearings)
A moment of silence was observed in honor of the memory of Mr. Nick Mancini.
CONSENT AGENDA (Items 1 - 37)
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.
Councilmember Harris removed Item 16 be removed for discussion.
Councilmember Montgomery removed Items 17 and 26 for discussion.
Council President Lantry removed Item 36 for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
Adopted as amended Yeas – 5 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Maria Conrad, Victoria I. Ferraro, Colleen C. Gilbertson, John Hanratty,
Susan M. Hanson, Brian J. Hauer, Liberty Mutual (for Nicole Gentry), Efay Imani
Martin-Mahuru, Richard A. McKusick, Dan Nedoroski, Theresa H. Nguyen, and
Randall Arthur Radunz.
Referred to Risk Management
2. Summons and Complaint in the matter of Preston Buckhanan vs. the City of Saint
Paul et al.
June 6, 2007 City Council Summary Minutes Page 2
Referred to the City Attorney’s Office
3. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on June 20, 2007 to consider adverse action against all licenses held by Sophia
Vega, Inc., d/b/a Viaduct Inn Mexican American Cuisine, 1056 – 7th Street East.
4. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on June 20, 2007 to consider the report of the Administrative Law Judge
concerning all licenses held by Billy Neng Yang, d/b/a Asian Cuisine, 945 Rice Street,
Suite A.
5. Letters from the Department of Safety and Inspections/Nuisance Building Enforcement
declaring 970 Concordia Avenue, 1016 Edgerton Street, 64 Garfield Street, 992 James
Avenue, 472 Minnehaha Avenue East, 1457 Mechanic Avenue, 1471 Mechanic Avenue,
and 1185 Payne Avenue as nuisance properties. (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
6. Administrative Order:
D002664 Extending the contract completion date from December 30, 2005 to
December 30, 2006 for the Summit/Lexington Sewer Cleaning and
TV Inspection project.
On file with the City Clerk
FOR ACTION
7. Resolution – 07-468 – Approving the May 1, 2007 through April 30, 2010 Maintenance
Labor Agreement between the City and the Bricklayers and Allied Craftworkers Local
Union 1 Minnesota/North Dakota. (To be laid over one week for adoption)
Laid over to June 13 Yeas – 5 Nays - 0
8. Resolution – 07-469 – Approving the decision of the Legislative Hearing Officer on an
appeal of a Deficiency List at 1171 Minnehaha Avenue East.
Adopted Yeas – 5 Nays - 0
9. Resolution – 07-470 – Approving the application with conditions, per the Legislative
Hearing Officer, of Anthony T. Costanzo, d/b/a Tony’s Auto Body, 353 Larch Street for
an Auto Body Repair Shop license.
Adopted Yeas – 5 Nays - 0
10. Resolution – 07-471 – Approving the application with conditions, per the Legislative
Hearing Officer, of Twin Star VFW Post 8854, 820 Concordia Avenue, for an
Entertainment A License.
Adopted Yeas – 5 Nays – 0
June 6, 2007 City Council Summary Minutes Page 3
11. Resolution – 07-472 – Approving the application with conditions, per the Legislative
Hearing Officer, of Schwartzman Company, Inc., John Schwartzman, president, d/b/a SCI
Recycling, 240 Sycamore Street, for a Recycling Processing Center License.
Adopted Yeas – 5 Nays – 0
12. Resolution – 07-473 – Referring the application of Arnellia Allen, d/b/a Schweitz Saloon,
956 Payne Avenue, to an Administrative Law Judge, per the Legislative Hearing Officer,
for Liquor On Sale-Over 100 seats, Liquor On Sale-Sunday, Liquor On Sale-2 AM
Closing, Entertainment (B), Restaurant (B)-more than 12 seats, Restaurant (D)-Add on
(Bar Only), Gambling Location, and Liquor-Outdoor Service Area (Patio) licenses.
Adopted Yeas – 5 Nays - 0
13. Resolution – 07-474 – Accepting a $20,000 grant from the McNeely Foundation to help
finance the start-up of the East Side Circulator Transportation for Youth project.
Adopted Yeas – 5 Nays - 0
14. Resolution – 07-475 – Authorizing the proper City officials to approve an Agreement for
Legal Services by and between the Public Housing Agency of the City of Saint Paul and
the City of Saint Paul.
Adopted Yeas – 5 Nays - 0
15. Resolution – 07-476 – Approving the re-issuance of bonds for the Burlington Apartment
Project, 1150-1180 Cushing Circle (District 10).
Adopted Yeas – 5 Nays – 0
16. Resolution – 07-477 – Adopting a Summary of the Highland Park/District 15
Neighborhood Plan as an addendum to the City’s Comprehensive Plan.
(Discussed after the consent agenda)
17. Resolution – 07-478 – Adopting a Summary of the Snelling Hamline Neighborhood Plan
as an addendum to the City’s Comprehensive Plan.
(Discussed after the consent agenda)
18. Resolution – 07-479 – Authorizing the acceptance of financial support from Comcast in
the amount of $25,000 and establishing spending and financing plans.
Adopted Yeas – 5 Nays - 0
19. Resolution – 07-480 – Amending the 2007 spending and financing plans in the
Division of Parks and Recreation for Recreation Services’ reorganization.
Adopted Yeas – 5 Nays - 0
June 6, 2007 City Council Summary Minutes Page 4
20. Resolution – 07-481 – Approving an amendment to Lease PR/45, cell tower agreement,
between the City and New Cingular Wireless PCS, LLC on a portion of Lot 4, Block 2,
Energy Park West.
Adopted Yeas – 5 Nays - 0
21. Resolution – 07-482 – Establishing spending and financing plans in the Department of
Fire and Safety Services to receive training and purchase equipment for the Collapse
Structure Rescue Team.
Adopted Yeas – 5 Nays - 0
22. Resolution – 07-483 – Authorizing the Department of Fire and Safety Services to accept
the donation of an antique type fire extinguishing “Shur-Stop Kit,” valued at $175.00,
from Frank Villaume.
Adopted Yeas – 5 Nays - 0
23. Resolution – 07-484 – Accepting a donation in the amount of $68,000 from the Saint
Paul Police Foundation to assist the Police Department in acquiring Negotiation Throw
Phones, registration and admission fees, and other necessities for the PAL program
participants, and providing support to law enforcement families.
Adopted Yeas – 5 Nays - 0
24. Resolution – 07-485 – Establishing a 2007 spending and financing plan in the Police
Department for the Joint Powers Agreement for Consolidated Dispatch Operations. (GS
3039292)
Adopted Yeas – 5 Nays - 0
25. Resolution – 07-486 – Authorizing the Police Department to enter into an agreement with
Ramsey County for the use of County-owned radios for the 800 MHz Radio
Communications System. (GS 3039731)
Adopted Yeas – 5 Nays - 0
26. Resolution – 07-487 – Accepting a Young Gang Intervention Grant from the Minnesota
Department of Public Safety to help reduce gun and gang violence among youth. (GS
3039294)
Adopted Yeas – 5 Nays - 0
27. Resolution – 07-488 – Authorizing the Police Department to enter into a grant agreement
with the State of Minnesota, Department of Public Safety, for the 2006 Homeland
Security Grant Program for equipment and training for bomb technicians. (GS 3039633)
Adopted Yeas – 5 Nays - 0
June 6, 2007 City Council Summary Minutes Page 5
28. Resolution – 07-489 – Authorizing the Police Department to enter into an agreement
with the United States Department of Justice to participate in the Organized Crime Drug
Enforcement Task Force from March 1, 2007 through August 31, 2007.
Adopted Yeas – 5 Nays - 0
29. Resolution – 07-490 – Authorizing the Police Department to enter into a Joint Powers
Agreement with the State of Minnesota’s Bureau of Criminal Apprehension to participate
in the Internet Crimes Against Children Task Force.
Adopted Yeas – 5 Nays - 0
30. Resolution – 07-491 – Amending the spending and financing plans in the Department of
Public Works for the 2005 and 2006 RSVP Programs.
Adopted Yeas – 5 Nays - 0
31. Resolution – 07-492 – Authorizing the proper City officials to allow for the spending of
City funds, to solicit for and accept donations to help finance the 2007 Department of
Public Works Open House on September 18, 2007.
Adopted Yeas – 5 Nays - 0
32. Resolution – 07-493– Authorizing the proper City officials to release water easements in
portions of previously vacated Blair (formerly Lake Street) and Galtier Street (formerly
Oak Street) on the Shaw Lumber site.
Adopted Yeas – 5 Nays - 0
33. Resolution – 07-494 – Authorizing the Department of Public Works to accept an
easement for sidewalk purposes for the Target store at Hamline Avenue and St. Anthony
Avenue.
Adopted Yeas – 5 Nays - 0
34. Preliminary Order – 07-495 – In the matter of reconstructing sidewalks on the south side
of Exchange Street West from St. Peter Street to Wabasha Street North [S0707]; on the
north side of Kellogg Boulevard East from Cedar Street to Minnesota Street [S0708]; on
the east side of Minnesota Street from Seventh Street East to Ninth Street East [S0709];
on the south side of Sixth Street East from Robert Street North to Jackson Street [J0710];
and setting date of public hearing for July 5, 2007.
Adopted Yeas – 5 Nays - 0
June 6, 2007 City Council Summary Minutes Page 6
35. Resolution Approving Assessment – 07-496 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement for the excessive consumption of inspection
services for property code violations billed from November 27, 2006 to January 30, 2007
[J0701E]; towing abandoned vehicles from private property during February 2007
[J0702V]; and setting date of Legislative Hearings for June 26, 2007 and City Council
public hearings for July 5, 2007.
Adopted Yeas – 5 Nays - 0
37. Resolution Approving Assessment – 07-498– In the matter of the assessment of benefits,
cost, and expense for summary abatements (property clean-up) on private properties from
April 12 to April 27, 2007 [J0707A]; weekly garbage hauling services from April 18 to
April 26, 2007 [J0707G]; demolition of a vacant building in April, 2007[J0706C);
removing diseased elm trees from 519 Farrington Street during the winter season
2006/2007 [0703T]; and setting date of Legislative Hearings for June 19, 2007 and City
Council public hearing for July 5, 2007.
Adopted Yeas – 5 Nays - 0
------------------------------------------------------------------------------------------------------------
16. Resolution – 07-477 – Adopting a Summary of the Highland Park/District 15
Neighborhood Plan as an addendum to the City’s Comprehensive Plan.
Councilmember Harris moved to lay over one month.
Laid over to July 5 Yeas – 5 Nays - 0
17. Resolution – 07-478 – Adopting a Summary of the Snelling Hamline Neighborhood Plan
as an addendum to the City’s Comprehensive Plan.
Councilmember Montgomery said she is in favor of this resolution but, for the record,
referred to the footnote in regard to the Plan’s request that Ayd Mill becomes a linear
park. She said this is inconsistent with the recommendations that resulted from the
Environmental Impact Assessment. She noted this clarifies the difference in order to
make clear that adoption of the Plan Summary does not mean the City is adopting the
linear park request, but rather acknowledges their position. She also stated this footnote
has been reviewed by the City Attorney’s Office.
Councilmember Montgomery moved approval.
Adopted Yeas – 5 Nays - 0
June 6, 2007 City Council Summary Minutes Page 7
26. Resolution – 07-487 – Accepting a Young Gang Intervention Grant from the Minnesota
Department of Public Safety to help reduce gun and gang violence among youth.
At the request of Councilmember Montgomery, Police Chief Harrington spoke to the
Council on how these funds will be utilized, especially over the coming summer months.
He referred to teen gangs, the GREAT project, sex crimes, homicides, juvenile curfews,
and anti-graffiti programs.
Councilmember Montgomery moved approval.
Adopted Yeas – 5 Nays - 0
36. Resolution Approving Assessment – 07-497 – In the matter of the assessment of benefits,
cost, and expenses for demolition of vacant buildings at 872 Simcoe Street and 646
Maryland Avenue during May 2007 [J0707C]; boarding-up vacant buildings during April
2007 [J0703B]; summary abatements (property clean-up) on private properties from April
28 to May 17, 2007 [J0708A]; providing weekly garbage hauling services from May 1 to
May 16, 2007 [J0708G]; and setting date of Legislative Hearings for July 10, 2007 and
City Council public hearings for July 18, August 1, 2007.
Council President Lantry introduced and moved approval of a substitute resolution
changing the date of the City Council public hearing from July 18, 2007 to August 1,
2007.
Substitute introduced and adopted Yeas – 5 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.
38. Final Adoption – 07-336 – An ordinance amending Chapter 33.07 of the Saint Paul
Legislative Code to clarify language requirements regarding fencing at a corner lot
location. (Amended and laid over from May 23) (GS 3038093)
Councilmember Benanav moved approval of the ordinance.
Adopted Yeas – 5 Nays – 0
39. Final Adoption – 07-424 – An ordinance memorializing City Council action granting the
application of Selby Area Community Development Corporation to rezone property at
940 Selby Avenue from B2 (Community Business) to TN1 (Traditional Neighborhood).
(ZF 07-013-828)
June 6, 2007 City Council Summary Minutes Page 8
Councilmember Montgomery moved approval.
Adopted Yeas – 5 Nays - 0
40. Final Adoption – 07-425 – An ordinance memorializing City Council action granting the
application of Ms. Alison Kern to rezone property from TN2 (Traditional Neighborhood)
and VP (Vehicular Parking) to B2 (Community Business) at 1172-1180 Arcade Street, 0
Rose Avenue, and 838 Maryland Avenue East. (ZF 07-022-851)
Councilmember Bostrom moved approval.
Adopted Yeas – 5 Nays – 0
Council President Lantry moved suspension of the rules to consider the following resolution:
Adopted Yeas – 5 Nays – 0
Resolution – 07-515 – Approving the application with conditions of J & M Auto Inc., dba
J & M Auto, 363 Atwater Street, for Auto Body Repair/Painting Shop and Second Hand
Dealer-Motor Vehicle Licenses.
Council President Lantry said Councilmember Helgen was excused from today’s agenda
and in his absence and at his request, she moved approval of the resolution.
Adopted Yeas – 5 Nays – 0
The meeting recessed at 3:59 p.m., and reconvened at 5:33 p.m.
Present – 4 – Benanav, Bostrom, Harris, and Lantry
Absent – 3 – Helgen (excused), Montgomery and Thune (arrived after roll call)
PUBLIC HEARINGS
41. Final Adoption – 07-392 – An Administrative Ordinance establishing the minimum
qualifications for the position of Fire Chief. (Amended May 23 and laid over for public
hearing and final adoption)
Katie McWatt, 897 Dayton Avenue, appeared and spoke to incidents and situations
surrounding the City’s past Fire Chief Holton.
(Councilmember Montgomery arrived at this point in the meeting.)
Ms. McWatt said being the role of Fire Chief is an awesome responsibility, and she urged
the Council to not change the minimum qualifications as they search for a new Chief.
June 6, 2007 City Council Summary Minutes Page 9
Frank Langer, 13729 N. 90th Street, Stillwater, MN, appeared stating after 31 years he
recently retired from the St. Paul Fire Department. He agreed with statements made by
Ms. McWatt, and urged the Council to maintain experience and training requirements.
Councilmember Benanav moved to close the public hearing. Yeas – 5 Nays – 0
Councilmember Benanav stated that the requirements are not limited to internal
applicants and it will be an open process to all who apply. He said as the Chair of the
search committee, he guarantees the Committee will take their role seriously as they all
want the very best for the City.
Councilmember Montgomery stated she will be voting against the ordinance. She said
she has done considerable research of same-sized cities as to their qualifications for Fire
Chief and St. Paul should be held to the same standards. St. Paul has the Number One
Fire Department, and we need to have a Number One Fire Chief, Montgomery said.
Councilmember Harris said the following related Item No. 42 is establishing the
Qualifications and Examining Committee for the Fire Chief position and those on the
Committee are extremely qualified and will recognize the importance of decisions they
make.
Councilmember Bostrom said the ordinance before Council is an amended version of the
one first proposed and, at his question Angela Nalezny, Director of Human Rights, stated
that the Mayor supported the first original ordinance. Ms. Nalezny further stated she had
spoken with the City Attorney expressed concerns if the ordinance before Council is
adopted.
After a brief discussion, Councilmember Bostrom moved to lay over one week.
Laid over to June 13 Yeas – 5 Nays - 0
42. Third Reading – 07-401 – An ordinance establishing a Qualifications and Examining
Committee for the position of Fire Chief.
No one appeared in opposition; Council President Lantry moved to lay over one week.
Laid over to June 13 for final adoption Yeas – 5 Nays – 0
43. Resolution – 07-499 – Approving a waiver from the Living Wage Requirements of
Chapter 98 of the Administrative Code and a budget amendment for the Church of St.
Bernard and North End Community Foundation Project.
June 6, 2007 City Council Summary Minutes Page 10
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 5 Nays - 0
44. Resolution – 07-500 – Approving the application of St. Paul After Hours for a sound
level variance on June 7, 14, 21, and 28; July 12, 19, and 26, and August 2, 9, 16, 23 and
30, 2007, from 6:00 p.m. to 9:00 p.m., in order to provide live music at Mears Park. (GS
3039730)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 5 Nays - 0
45. Resolution – 07-501 – Approving the application of Tavern on the Avenue, 825 Jefferson
Avenue, for a sound level variance on June 22 and June 23, 2007 from 7:00 p.m. to 12:00
midnight in order to provide live music.
Withdrawn
46. Resolution – 07-502 – Approving the application of Schroeder’s Fine Food & Spirits, 605
Front Avenue, for a sound level variance on June 15, 16 and 17, and July 27 and 28,
2007, from 12:00 noon to 11:00 p.m., in order to provide live music, with limitations.
No one appeared in opposition; Councilmember Benanav moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays - 0
47. Resolution – 07-503 – Approving the application of J & S Bean Factory, 1518 Randolph
Avenue, for a sound level variance on June 9, 2007 from 2:00 p.m. to 10:00 p.m., in order
to present amplified music, with limitations.
Ray Rangel, 505 Saratoga, appeared in opposition saying since this business came into
the neighborhood there has been a lot of change. The odor of the coffee beans roasting,
the early morning trash pick-up, and customer and employee parking have all become
nuisances. He urged the Council to deny the application.
Bill Gunther, Department of Safety and Inspections, said he received a letter from Arthur
Ripley, 503 Warwick Street, in opposition to this resolution.
Councilmember Harris moved to close the public hearing. Yeas – 5 Nays – 0
Councilmember Harris said he supports the resolution. The establishment is a mellow
operation and they are holding a nice event. He said he will meet with the neighbors who
June 6, 2007 City Council Summary Minutes Page 11
have concerns not associated with this sound variance to come to a resolution of their
issues.
Councilmember Harris moved approval.
Adopted Yeas – 5 Nays - 0
48. Final Order – 07-351 – In the matter of the Operation Costs of the Above Standard Street
Lighting System for Rice Park for 2007. (File No. 19041) (Adopted April 18; recalled
and laid over on April 25)
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays - 0
(Councilmember Harris left)
49. Final Order – 07-504 – In the matter of constructing new sidewalk on the south side of
Hewitt Avenue, from North Griggs Street to North Dunlap Street. (Laid over from May
16)
No one appeared in opposition; Councilmember Benanav moved to close the public
hearing. Yeas – 4 Nays – 0
Councilmember Benanav withdrew the Final Order.
(Councilmember Harris returned)
50. Final Order – 07-505 – In the matter of constructing new sidewalk on the north side of
Christie Place from Prosperity Road to Kennard Street. (Laid over from May 16)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays - 0
(Councilmember Benanav left)
51. Final Order – 07-506 – In the matter of constructing an above-standard twin lantern street
lighting system on the west side of White Bear Avenue between 200 feet south of Rose
Avenue and 200 feet north of Hawthorne Avenue. (File No. 19042) (GS 3038776)
June 6, 2007 City Council Summary Minutes Page 12
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 4 Nays - 0
52. Resolution Ratifying Assessment – 07-507 – In the matter of the assessment of
benefits, cost, and expense for the Seventh/Daly RSVP for 1026 Pleasant Avenue.
(GS 3038439)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 4 Nays - 0
Councilmember Thune arrived and Councilmember Benanav returned to the meeting at this
point.
53. Public hearing to consider the appeal of Tom Dimond et al to a decision of the Planning
Commission approving a Conditional Use Permit, Variances, and revised Site Plan for
Holman Field subdrain improvements. (ZF 07-078-905)
Patricia James, Department of Planning and Economic Development (PED), presented a
staff report and background information on this issue.
Councilmember Benanav said all the vegetation in this area is gone and the discussion
had been that there would be minimal impact.
Andrea Vento, Chair of Friends of the Park, appeared urging Council to deny the
Conditional Use Permit and variances stating the Metropolitan Airports Commission
(MAC) is in violation of their agreement.
Representative Sheldon Johnson appeared and spoke to the process of this issue and
urged the Council to grant the appeal before them today.
John Gryzbek also urged the Council to grant the appeal stating MAC needs to be held
accountable and the City needs to enforce its code provisions.
Tom Dimond stated he was before Council at this time urging them to grant the appeal.
He provided background information and presented a documented history on the wetlands
Gjerry Berquist spoke to the loss of vegetation and trees MAC destroyed and urged the
Council to grant the appeal.
June 6, 2007 City Council Summary Minutes Page 13
Pat Mosites appeared representing the Metropolitan Airports Commission and spoke in
opposition to the appeal. He stated not obtaining the required permit was a mistake. He
spoke to all the progress made to date and said they are facing final approvals from FIMA
and the City.
Mr. Mosites explained why the storm sewer is located where it is, and that the area is
currently used for vehicle parking.
Councilmember Benanav said that MAC is a major entity and a multi-billion dollar
industry and to say the reason a permit wasn’t obtained because no one asked if it had
been is something he cannot understand. Council President Lantry stated she is
profoundly disappointed in MAC.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
Councilmember Thune moved to grant the appeal.
Council President Lantry presented an in-depth background and history on this issue and
said there are enormous issues. She suggested a one week layover in order to obtain
additional information.
Peter Warner, Assistant City Attorney, appeared and strongly recommended this item be
laid over.
Councilmember Thune moved a one week layover.
Public hearing held, closed and laid over to June 13 Yeas - 6 Nays – 0
54. Public hearing to consider the appeal of William Madden, Jr. to a decision of the Board of
Zoning Appeals granting a side yard setback variance in order to construct a sunroom
addition at 2215 Como Avenue. (ZF 07-081619)
John Hardwick, Department of Safety and Inspections (DSI), appeared and presented a
staff report.
(Councilmember Thune left the meeting)
William Madden, 2203 Como Avenue, spoke in opposition to the variance. He said
because he was on vacation, notice was not received until a few days before the Board of
Zoning appeals hearing.
Mrs. Madden said construction had already started prior to the hearing and a building
permit has not been posted. She expressed concern that this is a very unkempt property, a
June 6, 2007 City Council Summary Minutes Page 14
lot of garbage, and the sunroom being proposed is too close to their home. She said she
and her husband have talked with the owner of 2215 Como Avenue and made suggestions
for a different location of the sunroom.
A representative from Betterliving Sunrooms appeared representing the homeowner at
2215 Como. He stated he received City approval and obtained proper permits but the
project is on hold due to the appeal. He said they looked at all location optionsS and this
is the best for the property owner.
Councilmember Benanav moved to close the public hearing. Yeas – 5 Nays – 0
Upon question of Councilmember Benanav, John Hardwick explained the BZA
notification process for their hearings.
After a brief discussion, Councilmember Benanav moved to lay over this item one week. .
Yeas – 5 Nays – 0
55. Resolution – 07-508 – Ordering the owner to remove or repair the building at 1126
Edgerton Street within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, presented a staff report and
recommendation.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas - 5 Nays – 0
56. Resolution – 07-509 – Ordering the owner to remove or repair the building at 941
Greenbrier Street within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer's recommendation is forthcoming.)
Marcia Moermond, Legislative Hearing Officer, presented a staff report and her
recommendation for removal or repair within 180 days.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and that the property be removed or repaired within ninety (90) days.
Adopted as amended Yeas – 5 Nays - 0
June 6, 2007 City Council Summary Minutes Page 15
57. Resolution – 07-510 – Ordering the owner to remove or repair the building at 707 Kent
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's
recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, presented a staff report recommending
the property be removed within 15 days with no option for repair.
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval per the recommendation of the Legislative Hearing Officer.
Adopted as amended (remove the building with fifteen (15) days with no option for
repair) Yeas – 5 Nays - 0
58. Resolution – 07-511 – Ordering the owner to remove or repair the building at 1155 Payne
Avenue within one hundred-twenty (120) days from adoption of resolution. (Legislative
Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, presented a staff report and her
recommendation for approval.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and to remove or repair the building within 90 days.
Adopted as amended (ninety [90] days to remove or repair the building)
Yeas – 5 Nays - 0
59. Resolution Ratifying Assessment – 07-512 – In the matter of the assessment of benefits,
cost and expense for summary abatement for the excessive consumption of inspection
services for property code violations billed from September 5 to November 27, 2006.
[J0608E2] (Legislative Hearing Officer recommends the following:
449 Hatch Avenue - recommendation is forthcoming approve the assessment; and
763 Minnehaha Avenue East - delete the assessment.)
Marcia Moermond, Legislative Hearing Officer, presented a staff report and
recommendations.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 5 Nays - 0
June 6, 2007 City Council Summary Minutes Page 16
60. Resolution Ratifying Assessment – 07-513 – In the matter of the assessment of benefits,
cost and expenses for demolition of vacant buildings at 1036 Norton Street and 960
Duchess Street during March, 2007 [J0704C]; summary abatements (property clean-up)
on private property from March 15 to March 29, 2007 [J0705A]; providing weekly
garbage hauling services from March 13 to March 27, 2007 [J0705G]; and towing of
abandoned vehicles from private properties during the month of December, 2006
[J0609V]. (Legislative Hearing Officer recommends the following:
780 Cherokee Avenue (J0705A) - approve the assessment;
973/975 Conway Street (J0705A) - approve the assessment;
2153 Glendridge Avenue (J0705A) - approve the assessment;
957 Cook Avenue East (J0705A) - approve the assessment and spread the payments of
ten (10) years;
558 Grotto Street North (J0705A) - approve the assessment;
776 Lafond Avenue (J0705A) - approve the assessment; referred back to June 12
Legislative Hearing and June 20 City Council Public Hearing;
447 Maryland Avenue East (J0705G) - approve the assessment; and
616 Wells Street (J0705A) - approve the assessment.)
Marcia Moermond, Legislative Hearing Officer, presented a staff report and
recommendations, including her amended recommendation that property at 776 Lafond
Avenue be referred back to the June 12 Legislative Hearing and the June 20 City Council
public hearing.
No one appeared in opposition; Councilmember Bostrom moved approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 5 Nays - 0
61. Resolution Ratifying Assessment – 07-514 – In the matter of the assessment of
benefits, cost, and expenses for Tenant Remedy Action Rehabilitation for property
at 1123 Galtier Street in February 2007 [TR0702].
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays - 0
62. Appeal of Katherine Kelly and Benjamin Zibble to a Summary Abatement Order and
Correction Notice for property at 1470 Midway Parkway.
Withdrawn
June 6, 2007 City Council Summary Minutes Page 17
63. Appeal of Ron Kizzee, on behalf of Open Arms Assembly of God Church, to a Summary
Abatement Order for property at 1555 Jackson Street.
Withdrawn
64. Appeal of Joel Nelson to a Vacant Building Registration Fee for property at 914 Earl
Street. (Legislative Hearing Officer recommends denying the appeal)
Marcia Moermond, Legislative Hearing Officer, presented a staff report. No one
appeared in opposition; Councilmember Bostrom moved to close the public hearing and
deny the appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas – 5 Nays – 0
65. Appeal of Steven Van Houten to a Notice of Condemnation and Order to Vacate property
at 934 Hampden Avenue. (Legislative Hearing Officer recommends denying the appeal
on the Notice of Condemnation and Order to Vacate and granting the owners an
extension on hours allowed to be in the building from 8:00 a.m. to 8:00 p.m. to 7:00 a.m.
to 10:00 p.m. provided an inspection is made of the interior of the building. A Code
Compliance Inspection would need to be conducted on the building and all items on that
report would need to be completed and signed off before the building could be
reoccupied.)
Marcia Moermond, Legislative Hearing Officer, presented a significant staff report
recommending the appeal be denied.
Jerry Hendrickson, City Attorney, also presented background information on this
property.
Andy Dawkins, attorney representing the Van Houten’s, distributed current photographs
of the property, acknowledging the owners are not able to maintain their property. He
said the home is not condemnable, it has been cleaned up and the yard is also better. He
requested the applicants be allowed to pay a vacant building fee, code compliance fee,
and secure needed permits to repair the roof, and then put their home up for sale.
Councilmember Benanav moved to close the public hearing. Yeas – 5 Nays – 0
Councilmember Benanav said he is sympathetic, but this problem is long-standing -
for at least a couple of years - and he moved to deny the appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas – 5 Nays – 0
June 6, 2007 City Council Summary Minutes Page 18
66. Appeal of Mary Jo Durand and John Katter to an Amended Notice of Condemnation and
Order to Vacate and a Summary Abatement Notice for property at 1904 Princeton
Avenue. (Legislative Hearing Officer recommends denying the appeal on the Amended
Notice of Condemnation and granting the appeal on the Summary Abatement Notice.)
Marcia Moermond, Legislative Hearing Officer, presented a staff report
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and deny the appeal.
Appeal denied on the amended notice of condemnation and appeal granted on the
summary abatement notice (per the recommendation of the Legislative Hearing Officer)
Yeas – 5 Nays – 0
Councilmember Montgomery moved to adjourn the meeting.
Yeas – 5 Nays – 0
ADJOURNED AT 8:03 P.M.
ATTEST:
_____________________________ _____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: June 20, 2007__________________
Pattie Kelley Minutes approved by Council