Minutes 7-05-2007`
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Thursday, July 5, 2007 - 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 3:30 p.m. by Council President Lantry.
Present – 6 – Benanav, Bostrom, Harris, Lantry, Montgomery, Thune
Absent – 1 – Helgen (excused)
CONSENT AGENDA (Items 1 - 35)
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 Bostrom moved approval of the Consent Agenda.
Adopted Yeas – 6 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of CMR/Qwest Claims, Raymond J. Hessler, Paul G. Hillestad, Peter N.
Kittleson, Song Vang, and Laura L. Weidmann.
Referred to Risk Management
2. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on July 18, 2007 to receive comment on the Summary of
the Railroad Island Plan.
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on July 18, 2007 to receive comment on the Summary of
the District 10/Como Plan.
4. Letters from the Department of Safety and Inspections declaring 963 Burr Street and 1000
DeSoto Street as nuisance properties. (For notification purposes only; public hearings
will be scheduled at a later date if necessary.)
July 5, 2007 City Council Summary Minutes Page 2
FOR ACTION
5. Resolution – 07-550 – Approving the Maintenance Labor Agreement between the City of
Saint Paul and the Operative Plasterers and Cement Masons International Association,
Local 633. (Laid over from June 27 for adoption)
Adopted Yeas – 6 Nays – 0
6. Resolution – 07-572 – Approving the Memorandum of Agreement between the City and
the Professionals Employees Association, Inc. for employees in Information Services
Division of the Office of Technology regarding on-call procedures/ compensation. (To be
laid over one week for adoption)
Laid over to July 11 for adoption Yeas – 6 Nays – 0
7. Resolution – 07-573 – Approving the Memorandum of Agreement between the City and
AFSCME Local #1842 for a pilot project within Saint Paul Regional Water Services for
the job classifications of Water Utility Technician I, II, and III. (To be laid over one week
for adoption)
Laid over to July 11 for adoption Yeas – 6 Nays – 0
8. Resolution – 07-574 – Approving the Memorandum of Agreement between the City and
the International Brotherhood of Electrical Workers Local #110 for the 2007 Wage and
Fringe Adjustment. (To be laid over one week for adoption)
Laid over to July 11 for adoption Yeas – 6 Nays – 0
9. Resolution – 07-575 – Establishing the rate of pay for the new classification of Water
Resource Coordinator in Grade 19 of Bargaining Unit 06, Professional Employees
Association.
Adopted Yeas – 6 Nays – 0
10. Resolution – 07-576 – Appointing Mayor Coleman to the League of Minnesota Cities
Board of Directors.
Adopted Yeas – 6 Nays – 0
11. Resolution – 07-577 – Amending Council File 07-396 and deleting the assessment for
property at 128 Cook Avenue East.
Adopted Yeas – 6 Nays – 0
12. Resolution – 07-578 – Approving the use of Neighborhood STAR Investment Initiative
Program Funds for the Raymond Gordon and Marshall Median projects in Ward 4.
Adopted Yeas – 6 Nays – 0
July 5, 2007 City Council Summary Minutes Page 3
13. Resolution – 07-579 – Canceling eleven (11) outstanding registered bills for the Hallie Q.
Brown Community Center.
Adopted Yeas – 6 Nays – 0
14. Resolution – 07-580 – Accepting a grant from the Corporation for National and
Community Service to provide up to twenty Ameri-Corps*VISTA members for the City
of Saint Paul VISTA program.
Adopted Yeas – 6 Nays – 0
15. Resolution – 07-581 – Approving Cable Access-St. Paul, Inc. (d/b/a Saint Paul
Neighborhood Network – SPNN) amended April 10, 2007 By-Laws.
Adopted Yeas – 6 Nays – 0
16. Resolution – 07-582 – Memorializing City Council action taken June 13, 2007 denying
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]
Adopted Yeas – 6 Nays – 0
17. Resolution – 07-583 – Authorizing the Department of Planning and Economic
Development to submit five (5) City of Saint Paul applications to the Metropolitan
Council for Livable Communities Demonstration Account funding for 2008.
Adopted Yeas – 6 Nays – 0
18. Resolution – 07-584 – Amending the 2007 adopted Capital Improvement Budget for the
sidewalk reconstruction program by recognizing a transfer from the ROW assessment
fund rather than use of street improvement bonds.
Adopted Yeas – 6 Nays – 0
19. Resolution – 07-585 – Approving a license agreement with Magnolia Blossom to locate
and operate a cruise and/or charter service at the Watergate Marina from January 1, 2008
through December 31, 2012.
Adopted Yeas – 6 Nays – 0
20. Resolution – 07-586 – Authorizing the Police Department to accept a donation from the
Saint Paul Police Foundation to pay for training for 100 law enforcement officials
throughout the Twin Cities metro area and members of the Twin Cities Security
Partnership on instructions and guidance relating to the arrest and detention of foreign
national and related issues.
Adopted Yeas – 6 Nays – 0
July 5, 2007 City Council Summary Minutes Page 4
21. Resolution – 07-587 – Authorizing the Police Department to accept a Safe & Sober grant
from the Minnesota Department of Public Safety.
Adopted Yeas – 6 Nays – 0
22. Resolution – 07-588 – Authorizing the Police Department to enter into a 2005 Buffer
Zone Protection Grant amendment with the Minnesota Department of Public Safety for
funding for equipment to enhance security at critical infrastructure sites in the City of
Saint Paul.
Adopted Yeas – 6 Nays – 0
23. Resolution – 07-589 – Memorializing City Council action taken June 20, 2007 imposing
adverse action against all licenses held by Billy Neng Yang, d/b/a Asian Cuisine, 945
Rice Street, Suite A.
Adopted Yeas – 6 Nays – 0
24. Resolution – 07-590 – Approving adverse action against the Entertainment B license
application submitted by G – 8 Inc., d/b/a Starting Gate Pub, 2516 – 7th Street West.
Adopted Yeas – 6 Nays – 0
25. Resolution – 07-591 – Approving adverse action against the Liquor On Sale – Over 200
Seats (A), Liquor On Sale-Sunday, Entertainment (B), and Restaurant (C) – Limited
license applications submitted by Selvig, Inc., d/b/a Cab’s Pub and Eatery, 992 Arcade
Street.
Adopted Yeas – 6 Nays – 0
26. Resolution – 07-592 – Approving adverse action against the Cigarette/Tobacco, Alarm
Permit (New), Malt Off Sale, Retail Food (C) Grocery 1001-2000 sq. ft., and Gas Station
license applications submitted by Gas It For Less, Inc., d/b/a Gas It For Less & West 7th
Market, 675 7th Street West.
Adopted Yeas – 6 Nays – 0
27. Resolution – 07-593 – Waiving the 45-day notification requirement and granting, with
conditions, an on sale malt (3.2) license to Kenkayba’s Place, 864 University Avenue
West.
Adopted Yeas – 6 Nays – 0
28. Resolution – 07-594 – Amending the spending and financing plans of the Davern-West
7th Street to Shepard Road project by adding sewer and water financing and transferring
MSA from the Ayd Mill Off-Road Trail project.
Adopted Yeas – 6 Nays – 0
July 5, 2007 City Council Summary Minutes Page 5
29. Resolution – 07-595 – Authorizing renewal of a no-fee, 10-year lease with the Minnesota
Department of Natural Resources (DNR) for a City recreation trail on DNR property near
the East Metro Area Fisheries Office.
Adopted Yeas – 6 Nays – 0
30. Resolution – 07-596 – Approving a contract with City Design Group to provide services
for the State of Minnesota, Second Judicial District, for remodeling work in Room 130 of
the Courthouse.
Adopted Yeas – 6 Nays – 0
31. Resolution – 07-597 – Approving a contract with City Design Group for laying out space
for Ramsey County Corrections in various locations in Ramsey County.
Adopted Yeas – 6 Nays – 0
32. Resolution – 07-598 – Authorizing the proper City officials to enter into a cooperative
construction agreement with Ramsey County for reconstruction of White Bear Avenue at
Maryland Avenue.
Adopted Yeas – 6 Nays – 0
33. Preliminary Order – 07-599 – In the matter of the operation and maintenance costs for the
Arcade/Case and the Grand/Snelling parking lots for 2009, and setting date of public
hearing for August 15, 2007. [File No. 18744 & 18746] (GS 3041014)
Adopted Yeas – 6 Nays – 0
34. Resolution Approving Assessment – 07-600 – In the matter of the assessment of benefits,
cost, and expenses for the Arcade/Case and the Grand/Snelling parking lots operation and
maintenance costs for 2008, and setting date of public hearing for August 15, 2007. [File
No. 18744 & 18756] (GS 3041016)
Adopted Yeas – 6 Nays – 0
35. Resolution Approving Assessment – 07-601 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement (property clean-up) on private properties from
May 17 to June 12, 2007 [J0709A]; providing weekly garbage hauling services from May
17 to June 12, 2007 [J0709G]; and setting date of Legislative Hearings for July 24, 2007
and City Council public hearings for August 15, 2007. (GS 3041156)
Adopted Yeas – 6 Nays – 0
July 5, 2007 City Council Summary Minutes Page 6
FOR DISCUSSION
36. Resolution – 07-477 – Adopting a Summary of the Highland Park/District 15 Neighborhood
Plan as an addendum to the City’s Comprehensive Plan. (Laid over from June 6)
Councilmember Harris moved to lay over two weeks as the staff person was not available
for the meeting.
Laid over to July 18 Yeas – 6 Nays – 0
37. Resolution – 07-555 – Subordinating the City’s STAR Loan to $400,000 of additional
debt for improvements to the McNally-Smith Music College. (Laid over from June 27)
Councilmember Thune moved to lay over two week as he was still awaiting additional
information on the matter.
Laid over to July 18 Yeas – 6 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. Third Reading – 07-547 – An ordinance memorializing action granting the application of
Firstborne Properties to rezone property from R4 (One-Family Residential) to B2
(Community Business) at 1337 Pascal Street North (southwest corner at Bison Avenue).
[ZF 07-027-041] (Public hearing held May 16, 2007)
Laid over to July 11 for final adoption
39. Second Reading – 07-566 – An ordinance amending Section 411.04 of the Saint Paul
Legislative Code to limit Class B and C Entertainment licenses to establishments holding
Intoxicating Liquor licenses. (Department of Safety and Inspections report will be given)
Rachel Gunderson, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), presented a staff report. The problem DSI is seeing is what they
believe to be a misapplication of state law. When there are wine and beer licenses, it is
required that they be what state law defines as a menu item. DSI has interpreted that to
mean “with food.” There are some establishments that have wine and beer licenses and
Entertain B licenses so they are basically operating as a night club. There are problems in
the neighborhoods with security and underage service, so DSI drafted this ordinance to
address the problem of the wine and beer night clubs.
Councilmember Benanav asked what this means and what impact it would have on those
establishments. Ms. Gunderson responded that the ordinance says if an establishment
only has a wine and beer license, they are only entitled to an Entertainment A license.
July 5, 2007 City Council Summary Minutes Page 7
The difference between an Entertainment A license and Entertainment B license is the
dance floor. There can be music with Entertainment A but not dancing. A full liquor
license is required in order to have dancing.
Kristina Schweinler, Department of Safety and Inspections, appeared and said this Rental
Hall would not require an Entertainment License as they are a rental facility-assembly
place of business that would allow dancing by having the Rental Hall License.
Councilmember Harris asked about a music club. Ms. Schweinler responded that it
would be a cabaret license which would allow for entertainment but no alcohol. Also,
more parking would have to be provided with a B license.
Laid over to July 18 for third reading/public hearing
The meeting was recessed from 3:45 to 5:30 p.m.
Present – 6 Absent – 1 – Helgen (excused)
PUBLIC HEARINGS
40. Third Reading – 07-526 – An ordinance amending Chapter 33.07 of the Saint Paul
Legislative Code to provide for variances of corner clearance requirements.
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing. Yeas – 6 Nays - 0
Laid over to July 11 for final adoption
41. Resolution – 07-602 – Approving the application of The Cherry Pit for a sound level
variance in order to present amplified music, with limitations, from 8:00 p.m. to 12:00
midnight on July 14, 2007 at 735 White Bear Avenue North.
Bill Gunther, Department of Safety and Inspections, appeared and said one letter was
received with questions.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
42. Resolution – 07-603 – Approving the application of Mike Feddersen for a sound level
variance in order to present amplified music, with limitations, from 5:00 p.m. to 12:00
midnight on August 18, 2007 at 45 Lexington Parkway.
Bill Gunther, Department of Safety and Inspections (DSI), stated the applicant was told
that DSI could only recommend an 11:00 p.m. ending time.
July 5, 2007 City Council Summary Minutes Page 8
Councilmember Montgomery moved to amend the resolution to 11:00 p.m.
Yeas – 6 Nays – 0
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval as amended
Adopted as amended Yeas – 6 Nays – 0
43. Resolution – 07-604 – Approving the application of Bridget Berigan for a sound level
variance in order to present amplified music from 5:00 p.m. to 10:00 p.m. on July 28,
2007 at 1080 Hoyt Avenue.
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
44. Resolution – 07-605 – Approving the application of Puppeteers of America/ National
Puppetry Festival for a sound level variance in order to present amplified music, with
limitations, from 9:30 p.m. to 11:30 p.m. on July 17, 2007 at Concordia College, 275
Syndicate Street North.
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
45. Resolution – 07-606 – Authorizing the City to grant a permanent pipeline easement and
temporary construction easement to Northern States Power Company, d/b/a Xcel Energy,
and to accept compensation for the easements and related tree replacement costs located
at Lilydale Park.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0
46. Final Order – 07-607 – 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];
and on the south side of Sixth Street East from Robert Street North to Jackson Street
[J0710].
July 5, 2007 City Council Summary Minutes Page 9
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0
47. Public hearing to consider the application of Teresa Deming to rezone property at 1539-
1541 Lincoln Avenue, between Saratoga Street and Snelling Avenue, from R4 (one-
family residential) to RT2 (townhouse residential). (ZF 07-074-940)
Patricia James, Department of Planning and Economic Development, presented a staff
report stating that the property was converted to a triplex without building permits. Staff
recommended denial because it was firmly established that the conversion did not take
place more than ten years ago so, therefore, they cannot get a non-conforming use permit.
Their only alternative is to rezone the property to RT2. In order to do that, the minimum
lot size for RT2 is 9,000 sq. ft. which they don’t have. Staff recommended denial. The
Planning Commission recommended approval of the variance and that has now been
appealed. The Zoning Committee also recommended approval. Ms. James noted that
mail was received in opposition to the rezoning. The Council must determine whether or
not the property should be rezoned. If it is not rezoned to RT2, it will no longer be a
triplex.
Keven and Teresa Deming, St. Louis Park, MN, appeared and stated when they purchased
the property it was already converted to a triplex and they assumed everything had been
approved since it was in the area of other multi-family dwellings. During an inspection,
they were notified that a permit was not issued to make the building a triplex so they
applied for a permit. Prior to the purchase, there was some opposition from the
standpoint of too many people being in the dwelling so they reduced the number of
residents from nine to six. Mr. Deming explained the changes and upgrades they have
made to the structure and said they will be living at the property. Teresa Deming said she
has worked with Fire to correct any violations.
Jim Sheehan, 1535 Lincoln, said he watched the Deming’s son convert the building into a
triplex so he contends it was not a triplex when it was purchased by the Demings. When
he was shopping for a house in this area, he said he did not want to be near rental property
and when he purchased his house, it was his understanding that this was a single family
dwelling even though he knew there were two units. He noted an e-mail that was
submitted to Patricia James from Mark and Lucy Gehan, neighbors, in opposition.
Philip Jacobs, 1557 Goodrich Avenue, said he was representing several neighbors who
are opposed to the triplex and who submitted letters to Patricia James and
Councilmember Pat Harris. He expressed concern about spot zoning, encroachment, and
density.
July 5, 2007 City Council Summary Minutes Page 10
Doug Taylor, 1543 Lincoln Avenue, said he was opposed because parking is not good on
that street. At this time, two parking spaces in the garage are not usable which leaves
only five parking spaces in the back.
Councilmember Harris moved to close the public hearing. Yeas – 6 Nays – 0
Councilmember Harris said he has heard a lot of concerns from the neighbors with regard
to student housing in the neighborhood, parking, noise, etc., and said he understands the
concerns of the neighbors with regard to a triplex. Staff was correct with their
determination and that it’s potentially a spot zoning issue and minimum lot size issue,
Harris said.
Councilmember Harris moved to deny the application on the grounds that there was error
in the findings of facts and conclusions of the Planning Commission, and to adopt the
recommendations of staff.
Councilmember Benanav concurred with Harris and said by allowing it to become a
triplex, there is an opportunity for additional problems.
Motion of Intent – Application Denied Yeas – 6 Nays – 0
48. Public hearing to consider the appeal of Edina Properties, Inc., Jenifer Kent, to a decision
of the Board of Zoning Appeals, which determined that Noodles & Company restaurant
was a fast-food restaurant. (ZF 07-093604) (Application for 777 Grand Avenue)
John Hardwick, Department of Safety and Inspections (DSI), presented a staff report. In
April of 2007, Noodles, Inc. submitted plans to the City to establish a restaurant at 777
Grand Avenue. After reviewing the plans, the Zoning Administrator determined that
Noodles & Company was not a fast food restaurant and, therefore, would be a permitted
use at that location. The Summit Hill Association (District 16 Planning Council)
appealed that decision and in May of 2007, the Board of Zoning Appeals held a public
hearing to consider the Summit Hill Association appeal. At that time, staff presented a
report to the Board with a recommendation for denial of the appeal. After taking
testimony from the appellants and others present, the Board voted 6-0 to grant the appeal
and found that the Zoning Administrator erred in his determination and that it was a fast
food restaurant. Edina Properties, the owner of the property, has now filed an appeal of
the BZA’s decision claiming that the Board erred in their determination and that the
Zoning Administrator’s decision was correct.
Mike Drysdale, 50 South Sixth Street, Minneapolis, MN, attorney with Dorsey &
Whitney, representing Edina Properties, appeared. He noted that Mr. Lund, owner of
Edina Properties, Tim Bloom, a Broker for Noodles, as well as other people in favor of
July 5, 2007 City Council Summary Minutes Page 11
the project both as businesses and residents, were present at the Council meeting. He
noted that the vote was 5-2 to overturn the staff recommendation as opposed to 6-0 as
stated by Mr. Hardwick. As a matter of law, Mr. Drysdale said one has to look at the
plain language of the ordinance, the purposes, and if anything is discovered that is
ambiguous about the ordinance, that has to be construed in favor of the property owner.
This is a particularly high standard when it is considered that it’s a permitted use that’s at
issue where there are not the kinds of conditions that can be put on for a conditional use.
With respect to the interests of the neighborhood and local businesses, he distributed a
handout as well as a petition. He talked about the legal issues, listed the criteria for what
factors determine fast food and showed pictures of various Noodles restaurants.
Mr. Drysdale said this issue has a significant impact not just for this location but also for
other businesses that might want to locate on Grand Avenue as well as existing
businesses. He asked the Council to look carefully at what the Board did, look carefully
at the language of the ordinance, consider the presumptions and rules of instruction that
apply, and overturn the decision of the Board of Zoning Appeals.
Appearing in opposition was:
Maureen Flahaven, 1073 Lincoln Avenue, Chair of the Zoning and Land Use Committee
of the Summit Hill Association, District 16 Planning Council, who maintained that
Noodles & Company is a fast food restaurant and is not a permitted use in a B2 district.
She outlined the criteria for deeming it fast food.
Councilmember Benanav asked how Noodles differs from Cafe Late, D’Amico, or
Chipotle which are all on Grand Avenue saying they turn over a lot of customers very
quickly. Ms. Flahaven said the many restaurants were grandfathered in. She cited issues
that make it a problem.
Elizabeth Wefel, President, Summit Hill Association, said they have concerns about the
serious and growing parking deficits as well as the safety of residents in the
neighborhood. She talked about the definition of fast food under the Zoning Code.
Todd Wichman, 870 Osceola Avenue, member of the Summit Hill Association Zoning
and Land Use Committee, talked about the impact on adjoining properties including
traffic and pedestrian safety were Noodles & Company permitted to locate on Grand
Avenue.
Nancy Breymeier, business owner at 917 Grand Avenue, representing Metro Independent
Business Alliance, said they contend Noodles is a fast food restaurant and does not meet
the zoning restrictions on Grand Avenue. She listed reasons why Noodles & Company is
not a good match for Grand Avenue.
July 5, 2007 City Council Summary Minutes Page 12
Mark Sutherland, Vice President of the Summit Hill Association, showed a picture of a
condiment bar inside three Noodles Restaurants he visited noting that this contradicts
what Noodles representatives said that they did not have condiment bars.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
Councilmember Thune stated that the Board of Zoning Appeals (BZA) made a
determination that Noodles is a fast food restaurant and is not allowed in this zoning
district. The Council would have to find an error made by the BZA in order to overturn
their decision. Mr. Thune said this is not about trying to analyze what other businesses
and stores are like compared to Noodles. Things that happened in the past, whether good
or bad, have compounded to make Grand Avenue what it is. It is not a good business
practice to have the issues Grand Avenue currently has with parking, curb cuts, and
traffic. The zoning law protects businesses and residences from over consumption of
services and over capacity.
Councilmember Thune said he finds no error in the BZA’s decision and moved to deny
the appeal.
Motion of Intent – Appeal Denied Yeas – 5 Nays –1 (Bostrom)
49. Public hearing to consider the appeal of Kawaljit Bhatia/Maharaja’s to a decision of the
Board of Zoning Appeals granting a variance to allow maneuvering for off-street loading
within the public right-of-way at 211 West Seventh Street (Cossetta’s). (ZF 07-095865)
John Hardwick, Department of Safety and Inspections, gave a staff report. In April, 2007,
Cossetta’s Italian Market and Pizzaria applied to the Board of Zoning Appeals (BZA) for
a variance in order to build an addition onto their existing restaurant at 211 West Seventh
Street. The addition would require Cossetta’s to provide off-street loading where
vehicles that are delivering to the restaurant were not required to maneuver in the public
right-of-way. The BZA conducted a public hearing on the request, staff presented a
report with a recommendation for approval, and the Board took testimony from the
applicant and from people present. The Board granted the appeal on a 6-0 vote. At the
BZA hearing, the District 9 Community Council had not made a recommendation but
since that time they made a recommendation for approval of the variance. Mr. Hardwick
noted that he received a letter of support on this date from the owner of Wescott’s Station
Antiques. The owners of Maharaja’s have appealed the BZA’s decision claiming that the
Board erred in their findings of facts and procedures.
William Lubov, attorney representing Maharaja’s and Kawaljit Bhatia, read a letter from
Mr. Bhatia into the record.
July 5, 2007 City Council Summary Minutes Page 13
Councilmember Thune asked what Maharaja’s is objecting to. Mr. Lubovresponded that
he thinks there is a mis-characterization even in the line item on the agenda. The variance
to allow maneuvering for off-street loading is a mis-statement of what is going on. He
said a variance cannot be granted in a vacuum. What is occurring is that Cossetta’s
intended plan is to vacate its entire parking lot to expand its business two-fold by
bringing in a separate business to operate on the same location thereby taking away all
parking that Cosetta’s has at its current location. They own another parking lot directly
behind Maharaja’s to which they intend to utilize the alley that has been vacated on one
side for the Holiday Inn for the express purpose of allowing their customers to enter and
exit the parking lot directly behind Maharaja’s which will negate any possibility of
Maharaja’s, its owner, its tenants, its business tenants, and residents to operate and utilize
their parking facilities behind their business. He talked about the Zoning Code and why
the variance is not appropriate. A street and not an alley will be created by allowing this
to happen. The alley is the only avenue from that direction because the rest of the alley
has been vacated because of the Holiday Inn. This will move a traffic flow of hundreds
of cars each day into an alley that has only one avenue of entrance and exit. Any
possibility of parking access for Maharaja’s customers would be taken away.
Council President Lantry clarified for Mr. Lubov that the only issue at this time was
rather or not a variance is granted to Cossetta’s to back in off of Chestnut Street and not
the addition to Cossetta’s. Mr. Lubov responded that they can back in under the current
arrangement without vacating the parking lot.
Mr. Bhatia, owner of Maharaja’s, said they would have liked to have met with someone
from Cossetta’s or the City as no one has approached them and asked if it would affect
them.
Appearing in opposition to the appeal were:
Dave Cossetta, Cossetta’s Restaurant, who said they currently back into a public alley and
receiving is done off of a public street. Under their variance request, they are asking to
back into a private loading dock and take the traffic off the public street and off the public
alley. He noted that City staff supports the variance as does the Planning Commission.
Joe Finley, 1157 Summit Avenue, said he has been involved with David Cossetta and this
project from the outset. He disputed the statement by Mr. Lubov that there will be no
possible access to Maharaja’s parking lot after Cossetta’s expansion occurs. Mr. Finley
said everyone will have equal access as people will come in the alley and go out on Smith
Avenue.
A letter was sent from Mr. Bhatia’s attorney to Dave Cossetta containing inconsistent
statements, Finley said.
July 5, 2007 City Council Summary Minutes Page 14
Pat Boemer, owner of McGovern’s (across the street from Cossetta’s), spoke in support
of the variance saying he feels this is good for the whole area and there’s more congestion
when the trucks are on the street.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
Councilmember Thune said he feels this will actually be a better situation, that it will
alleviate a problem and he found no reason to approve the appeal.
Councilmember Thune moved to deny the appeal.
Motion of Intent – Appeal Denied Yeas – 6 Nays – 0
50. Resolution – 07-608 – Ordering the owner to remove the building(s) at 78 Sycamore
Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, said this was a no-show Legislative
Hearing. She questioned how the building became vacant and was informed that there
was water running inside the building and the water was shut off which lead to
condemnation. It was a vacant building. Given all the information she had, that no bond
has been posted, the code compliance of record is a couple of years old but there is no
work plan or financial plan to go with it, she said she had no option but to recommend
that the building be removed within 15 days with no option for repaid.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0
51. Resolution Ratifying Assessment – 07-609– In the matter of the assessment of benefits,
cost, and expenses 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); and
removing diseased elm trees from 519 Farrington Street during the winter season
2006/2007 [0703T]. (Legislative Hearing Officer recommends the following:
1140 Arkwright Street (J0707A) - approve the assessment;
431 Charles Avenue (J0707A) - delete the assessment;
431 Charles Avenue (J0707G) - delete the assessment;
610 Desnoyer Avenue (J0707A) - delete the assessment;
1107 Edgerton Street (J0707A) - approve the assessment;
519 Farrington Street (J0703T) - approve the assessment;
859 Marion Street (J0707A) - approve the assessment and spread the payments
over five (5) years;
July 5, 2007 City Council Summary Minutes Page 15
1067 Oxford Street North (J0707A) - approve the assessment;
186 Prescott Street (J0707A) - approve the assessment;
1657 Selby Avenue (J0707A) - approve the assessment;
771 Seventh Street West (J0707A) - delete the assessment;
818 Sherburne Avenue (J0707A) - approve the assessment;
818 Sherburne Avenue (J0707G) - approve the assessment;
667 Sims Avenue (J0707A) - approve the assessment;
678 Snelling Avenue North (J0707A) - approve the assessment;
1220 Sylvan Street (J0707A) - delete the assessment if the owner provides the
waiver prior to July 5; Laid over to July 18 City Council Public Hearings
1449 University Avenue West (J0707A) - delete the assessment if the owner
provides the waiver prior to July 5 Laid over to July 18 City Council Public
Hearings;
1744 University Avenue West (J0707A) - delete the assessment; and
643 Winslow Avenue (J0707A) - approve the assessment.)
Marcia Moermond, Legislative Hearing Officer, stated that 859 Marion was a no-show
Legislative Hearing but the property owner was present to speak to the Council. The
normal process would be for Council to refer the property owner back to a Legislative
Hearing; however, Ms. Moermond said she would not make that request due to threats
made to City staff. The assessment was for clean up of paper, rubbish and debris in the
yard, on the boulevard, and on the front porch. The orders were mailed on April 6, 2007,
the compliance date was April 12, 2007, and the work was done by City Parks on April
16, 2007. The cost of the assessment was $380.00. There was a $316 charge for the
cleanup and administrative charges in the amount of $70.00.
Amy Flaherty, Catholic Charities Care Manager, representing Reverend William
Hillebrand, appeared. She said she has been working with Rev. Hillebrand since January
of this year.
Reverend Hellebrand, International Ministry of Fellowship, appeared and acknowledged
that he received a letter which he thought applied to the outside of the house and to which
he complied. He said he did not feel it applied to the porch and he read a description of
the porch. He read a list of things that were in boxes, and construed as garbage, and
removed from his property. He questioned how things could be seized from an enclosed
porch.
Ms. Flaherty said they realize they were late in the appeal process and asked for the
opportunity to go back and do it properly.
Council President Lantry explained that the only issue before the Council was whether or
July 5, 2007 City Council Summary Minutes Page 16
not the City, after giving proper notice, removed items from Mr. Hillebrand’s property.
She said that Rev. Hillebrand was property notified, he did not clean up the property so
the City cleaned it up.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
Councilmember Bostrom moved approval with the exception of 859 Marion which he
moved to lay over one week.
Marcia Moermond, Legislative Hearing Officer, said it could be referred back to a
Legislative Hearing to get all the facts. She outlined options for the assessment.
Councilmember Benanav said he had reservations about sending this matter back to a
Legislative Hearing since personal threats had previously been made. Councilmember
Thune added that he had reservations with prolonging the issue and suggested a decision
be made at this meeting.
Council President Lantry suggested the payments be spread over five years so it won’t be
a large financial burden and that Rev. Hillebrand continue to work with Catholic
Charities in an attempt to solve the problem rather than prolong it.
Ms. Moermond said there is also a disability issue involved and one of the concerns
brought up by the Reverend had to do with the value of his possessions that were
removed from the porch. The venue for dealing with improper seizure of items by the
City would be to file a claim against the City. That would be a totally separate issue from
what is before the Council, Moermond said.
Councilmember Thune moved approval of the resolution and to spread the payments for
859 Marion over five years.
Councilmember Bostrom withdrew his previous motion.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
52. Resolution Ratifying Assessment – 07-610 – 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 during November 27, 2006 to January 30,
2007 [J0701E], and towing abandoned vehicles from private property during February
2007 [J0702V]. (Legislative Hearing Officer recommends the following:
July 5, 2007 City Council Summary Minutes Page 17
457 Charles Avenue (J0701E) - lay over to the July 10 Legislative Hearing and July 18
City Council Public Hearing;
128 Cook Avenue East (J0701E) - approve the assessment and spread the payments over
two (2) years;
957 Cook Avenue East (J0701E) - approve the assessment;
83 Isabel Street East (J0701E) - approve the assessment;
733 Jessamine Avenue East (J0702V) - approve the assessment;
1633 Sherwood Avenue (J0701E) - delete the assessment;
123 Sycamore Street West (J0701E) - lay over to the July 10 Legislative Hearing and July
18 City Council Public Hearings; and
829 Third Street East (J0701E) – lay over to the July 10 Legislative Hearing and July 18
City Council Public Hearings)
Marcia Moermond, Legislative Hearing Officer, requested that the Council refer 829 East
Third Street to a Legislative Hearing on July 10 and City Council public hearing on July
18.
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 – 6 Nays – 0
53. Appeal of Loren Myhre to a Revocation of Certificate of Occupancy, which includes
Condemnation, for property at 619 North Street (units 2 and 3); and
Appeal of Darryl Washington to a Revocation of Certificate of Occupancy, which
includes Condemnation, for property at 619 North Street (unit 4). (Legislative Hearing
Officer recommends denying the appeal and granting an extension to vacate the building
from June 18 to July 9.)
Marcia Moermond, Legislative Hearing Officer, stated that Fire Prevention has lifted the
condemnation as the principle violations leading to the condemnation have been
corrected although other items remain. She recommended denial of the appeal
No one appeared in opposition; Council President Lantry moved to close the public
hearing and deny the appeal grant an extension to July 9, 2007. Yeas – 6 Nays – 0
54. Appeals of Troy Allison to Summary Abatement Orders for properties at 1522-1524
Carroll Avenue and 1350 Thomas Avenue. (Legislative Hearing Officer recommends
denying the appeal for the Summary Abatement Order for 1522-1524 Carroll Avenue.
The Summary Abatement Order issued to 1350 Thomas Avenue was issued in error and
orders were withdrawn by DSI-Code Enforcement)
July 5, 2007 City Council Summary Minutes Page 18
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and deny the appeal.
Appeal denied for the Summary Abatement Order for 1522-1524 Carroll Avenue.
Yeas – 6 Nays – 0
55. Appeal of Deborah Eagan to a Summary Abatement Order and Vehicle Abatement Order
for property at 1820 Reaney Avenue East.
(Withdrawn)
Councilmember Thune moved to adjourn the meeting. Yeas – 6 Nays - 0
ADJOURNED at 7:55 P.M.
ATTEST:
_____________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___September 5, 2007___________
Mary Erickson Minutes approved by Council