Minutes 7-18-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 18, 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 3:30 p.m. by Council President Lantry.
Present – 7 – Benanv, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 0
CONSENT AGENDA (Items 1 - 13)
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 Helgen removed Items 6 and 8 for separate consideration, and Councilmember
Montgomery removed Item 7 for separate consideration.
Councilmember Helgen moved approval of the consent agenda as amended.
Adopted Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Nicole L. Cherry, Jonathan E. Dixon, Tyler W. Landon, Amy E. McCann, Judy
E. Murray, Marnie K. Rainford, and Angela J. Tursso.
Referred to Risk Management
2. Letter from the Department of Safety and Inspections announcing a public hearing before
the City Council on August 1, 2007 to consider the appeal of John J. Rogers to a decision
of the Planning Commission approving the site plan and variance to develop on slopes
steeper than 12% in the River Corridor at 2108 Douglynn Lane. [ZF 07-113295]
July 18, 2007 City Council Summary Minutes Page 2
3. Letter from the Office of the City Attorney announcing a rescheduled hearing before an
Administrative Law Judge on Tuesday, July 31, 2007 at 9:30 a.m., Room 40B City
Hall/Courthouse, 15 West Kellogg Boulevard, to consider all licenses held by Vone X.
Moua and Mee Lee Moua, d/b/a Malina’s Sports Bar and Grill, 691 Dale Street North.
FOR ACTION
4. Resolution – 07-611 – Approving ISD #625 Employment Agreements (Professional
Employees Association, Inc.; AFSCME District Council #5, Local No. 855; International
Union of Operating Engineers, Local 70; and MN School Employees Association
representing Classified Confidential Employees Association). (Laid over from July 11
for adoption) (GS 3041431)
Adopted Yeas – 7 Nays - 0
5. Resolution – 07-624 – Approving the Memorandum of Agreement between the City and
AFSCME District Council #5 – Local 1842, Technical Employees regarding on-call
procedures and compensation. (To be laid over to July 25 for adoption) (GS 3041510)
Laid over to July 25 for adoption Yeas – 7 Nays – 0
9. Resolution – 07-628 – Approving funding in the Department of Technology and
Management Services for a backup media storage and fiber switches. (GS 3041393)
Adopted Yeas – 7 Nays - 0
10. Resolution – 07-629 – Amending the spending and financing plans in the Department of
Planning and Economic Development for the Metro Paint-a-Thon Program. (GS
3041530)
Adopted Yeas – 7 Nays – 0
11. Resolution – 07-630 – Authorizing the Division of Parks and Recreation to enter into an
agreement with the Minnesota Department of Natural Resources to receive
reimbursement for mechanical control of Eurasion Water Milfoil at Lake Phalen. (GS
3041195)
Adopted Yeas – 7 Nays - 0
12. Resolution – 07-631 – Authorizing the Department of Safety and Inspections to enter into
a Grant Agreement with the Minnesota Historical Society to accept a grant in the amount
of $17,000 for consultant services. (GS 3041210)
Adopted Yeas – 7 Nays - 0
13. Resolution Approving Assessment – 07-632 – 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 February 1 to March 1, 2007 (J0702E);
July 18, 2007 City Council Summary Minutes Page 3
demolitions of vacant buildings at 66-68 Stevens Street East and 657 Dale Street during
June 2007 (J0708C); towing abandoned vehicles from private properties during March
and April 2007 (J0703V); boarding-up vacant buildings during May, 2007 (J0704B); and
setting date of public hearing for September 5, 2007. (GS 3041555)
Adopted Yeas – 7 Nays - 0
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6. Resolution – 07-625 – Approving the decision of the Legislative Hearing Officer on
appeals for property at 985 Rice Street. (GS3041652)
Councilmember Helgen moved this item be laid over to August 1 for public hearing.
Laid over to August 1 for public hearing Yeas – 7 Nays - 0
7. Resolution – 07-626 – Authorizing the Police Department to enter into a Memorandum
of Understanding with AMICUS, Inc. to plan an action research project to address
racial fairness in policing. (GS 3040411)
Councilmember Montgomery introduced Commander Steve Frazer, Training Director for
the Police Department, and said she asked him to speak to the Council on this item.
Commander Frazer said he works with both the Police Department and citizens in
training for racial fairness and he spoke to their plans to evaluate various vendors and
universities in order to measure their training affects.
Councilmember Montgomery moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
8. Resolution – 07-627 – Authorizing the Division of Parks and Recreation to use
succeeding years’ budgets for the Jimmy Lee/Oxford Pool remodel and addition project.
(GS 3041155)
At the question of Councilmember Helgen, Bob Bierschied, Director of the Parks and
Recreation Division, appeared and explained their request as it pertains to the Jimmy
Lee/Oxford Pool.
Councilmember Harris said everyone wants this project to go forward but we need to
know which budget funding it will come from.
July 18, 2007 City Council Summary Minutes Page 4
Matt Smith, Budget Director, appeared and explained the City entered into a contract to
complete the project, which draws from a pool with the exception of the remaining CIB
Bond., and that Capital projects funding pool has already been budgeted for other projects
but have not yet been expanded.
Councilmember Montgomery noted that this project has also received extensive funding
from the NFL and she thanked them for their contribution to the community.
Councilmember Montgomery moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
FOR DISCUSSION
14. Presentation of awards to the City of Saint Paul by Minnesota Recreation and Park
Association for three projects.
Randy Distad, Minnesota Recreation and Park Association, made a presentation to the
Department of Parks and Recreation and gave them Awards of Excellence for the Upper
Landing, Tropical Encounters, and Blooming Saint Paul Program projects.
Bob Bierschied, Director of Parks and Recreation, said he has a very talented staff, and he
made special acknowledgement to both Mike Whaley and Jody Martinez thanking them
for their dedication to these projects.
15. 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 June 6
and July 5) (GS 3039615)
Councilmember Harris thanked all those involved in this Plan noting they put in a lot of
time and hard work, and he moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
16. 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 June 27 and July
5) (GS 3040751)
Councilmember Thune moved this item be laid over to August 1.
Laid over to August 1 Yeas – 7 Nays - 0
July 18, 2007 City Council Summary Minutes Page 5
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.
17. First Reading – 07-633 – An ordinance amending § 65.500 of the Legislative Code by
adding a new section providing for the outdoor sales of consumer fireworks, and
amending use tables in §§ 66.421 and 66.521 by adding consumer fireworks sales as a
permitted use in certain districts. (GS 3041531)
Laid over to July 25 for second reading
18. First Reading – 07-634 – An ordinance creating a new Chapter 201 which will permit the
City to participate in a program that facilitates the sterilization of feral cats as a humane
way of controlling the stray cat population. (GS 3041458)
Laid over to July 25 for second reading
The meeting was recessed at 4:20 p.m. and reconvened at 5:37 p.m. for Public Hearings.
Present – 7 – Benanv, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 0
Councilmember Helgen moved the rules be suspended to consider an item not on the agenda.
Adopted Yeas – 7 Nays – 0
First Reading – 07-650 – An ordinance amending the interim ordinance under CF No. 07-74,
pursuant to Minn. Stat. § 462.355, Subd. 4 to preserve the status quo pending the completion and
report of a study and possible action on the study including amending the City’s zoning
ordinances regulating advertising signs as they may pertain to retrofitting existing advertising
signs with new “digital” or “electronic” panels by granting an exemption to the new Mississippi
Creative Arts Magnet School for an electronic message center sign.
Laid over to July 25 for second reading
PUBLIC HEARINGS
19. Third Reading – 07-548 – An ordinance establishing interim zoning requirements for the
Central Corridor area to implement the Development Strategy. (Laid over from June 27;
amended July 11) (GS 3041055)
Councilmember Benanav distributed an amendment which added language on lines 119-
124 that reads: ‘Further, the currently pending site plan and related approvals for the
Walgreen’s and Big Top Liquors site are also exempted from the requirements of this
interim ordinance provided that the owner agrees to construct a second story on the new
July 18, 2007 City Council Summary Minutes Page 6
Walgreen’s building proposed along side Snelling Avenue. However, the development of
both buildings may, if the owner desires, take advantage of the Parking Requirements
provided in the interim ordinance. A proposed auto sales use at 670 Pelham is also
explicitly exempt from the requirements of the interim ordinance.’ Councilmember
Benanav moved approval of adding the amended language. Yeas – 7 Nays – 0
Donna Drummond, PED staff, stated at last weeks Council meeting she presented her
staff report on this issue and is present today to answer any questions Council may have.
Veronica Burt, 765 6th Street East, appeared and spoke in opposition to the ordinance.
She said years ago the neighborhood went through the reconstruction of I-94 and it’s now
a very poor community. She said this is a low-impact community which needs to take
more time for care and attention and to build more neighborhood confidence.
Randy Schubring, 594 Griggs Street N., appeared and spoke in support of the ordinance
noting he is present today in the capacity as President of the Hamline Midway Coalition,
Board Chair of University UNITED, and as a neighborhood resident. He said he knows
the history of the Avenue which includes retail, business and housing and he supports the
Central Corridor.
Susan Kimberly appeared in support as a consultant to the Saint Paul Area Chamber of
Commerce. She said although they have some concern with points of the overlay, they
see this as a reasonable compromise.
Theresa Heiland, 1570 Concordia Avenue, appeared on behalf of District Council 13 and
read their resolution in support of the ordinance.
Dave VanHattum, 757 Selby Avenue (NOTE: vacant land owned by the HRA), appeared
on behalf of Transit for Livable Communities and spoke in support of the interim
ordinance. He said they believe a reasonable compromise has been reached, this is a
critical project and we need to move forward.
Bernie Hess, 1602 Thomas Avenue, appeared on behalf of the United Food and
Commercial Union, and spoke in support of the ordinance stating it will create many jobs
and urged the Council to move forward.
Lori Fritts, 2153 Knapp Street, stated she is President of the Midway Chamber of
Commerce and spoke in support of the ordinance, and encouraged the Council to remain
flexible as the project proceeds.
Tim Erickson, 3701 Abbott Avenue South, Minneapolis, Minnesota, appeared on behalf
of the owners of the Court International Building and the Case Distribution Center and
July 18, 2007 City Council Summary Minutes Page 7
expressed their support for the interim ordinance.
No one else appeared and Councilmember Benanav moved the public hearing be closed.
Adopted Yeas – 7 Nays – 0
Councilmember Benanav moved to close the public with the exception of the amended
language offered and approved on this item today to be laid over to the August 1st
meeting.
At Councilmember Montgomery’s acknowledgement of people in attendance who wanted
to be heard on this matter, Councilmember Benanav moved the public hearing be re-
opened to hear further testimony. Adopted Yeas – 7 Nays – 0
David Taylor, 2483 Valley View Avenue, appeared stating he was representing St.
Phillips Episcopal Church located on Aurora at Mackubin. He stated the church is
looking into an expansion program and had concern if this ordinance would affect that
expansion, and Donna Drummond stated this ordinance exempts building additions.
No one else appeared, and Councilmember Benanav moved to re-close the public hearing
with the exemption of today’s amendments to be heard at the public hearing on August 1.
Amended and laid over to August 1 for a public hearing on the amendments and final
adoption on August 8 Yeas – 7 Nays – 0
Councilmember Benanav said he is very grateful to Councilmember Montgomery for her
hard work on this issue as well as the community and the Council and said this is a
remarkable feat.
20. Third 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. (GS 3041017)
No one appeared in opposition, and Councilmember Helgen moved the public hearing be
closed. Yeas – 7 Nays - 0
Laid over to July 25 for final adoption
(Councilmember Montgomery left the meeting and returned at a later time)
21. Resolution – 07-635 – Approving the application of Irish Fair of Minnesota, Inc. for a
sound level variance in order to present amplified music, with limitations, from 10:00
a.m. to 10:00 p.m. on August 10, 11, and 12, 2007 at Harriet Island Regional Park, 151
Water Street. (GS 3041231)
July 18, 2007 City Council Summary Minutes Page 8
No one appeared in opposition, and Councilmember Thune moved approval of the
resolution.
Adopted Yeas – 6 Nays - 0
22. Resolution – 07-636 – Authorizing approval for the Multi-Family Revenue Bonds in the
amount of $7,000,000 for the Winnipeg Project, located on Rice Street. (GS 3041430)
Andrew Pitchard representing SPARC, appeared and presented background information
and urged Council to approve the resolution.
No one else appeared, and Councilmember Helgen moved the public hearing be closed
and the resolution adopted.
Adopted Yeas – 6 Nays – 0
(Councilmember Montgomery returned to the meeting)
23. Resolution – 07-637 – Adopting the Summary of the District 10/Como Plan as part of the
City’s Comprehensive Plan. (GS 3041232)
Councilmember Benanav referred to page 5 of the Comprehensive Plan and moved that
the reference establishing a horse patrol stable be revoked from the Plan.
Adopted Yeas – 7 Nays – 0
Duke Addicks, 1453 Hoyt Avenue, spoke in support of the reference to the horse stable in
the Plan be removed.
Valerie Cunningham, 1416 Frankson Avenue, appeared and agreed language pertaining to
the horse stable should be removed.
Katie Plese, 1580 Griggs Street North, and said there hasn’t been enough public input
into this Plan and urged Council to lay it over to be able to get as much input as possible.
Sue Cheney, 1384 E. Como Boulevard, spoke in opposition to the horse stable being a
part of the Plan, and she thanked Councilmember Benanav for his earlier motion that it be
revoked.
Deb Robinson, 1434 E. Como Boulevard, also thanked Councilmember Benanav for the
amendment he made removing language pertaining to the stable and although she feels it
should be in Saint Paul this is not the location for it.
No one else appeared, and Councilmember Benanav moved the public hearing be closed.
July 18, 2007 City Council Summary Minutes Page 9
Adopted Yeas – 7 Nays – 0
After a brief discussion it was determined other residents were in attendance to be heard
on this matter, and Councilmember Benanav moved the public hearing be reopened.
Adopted Yeas – 7 Nays – 0
Nathan Jolz, 1623 Dunlap Street North, and distributed letters in support of the horse
patrol and stable, and he said he feels this process has suffered.
Sue McCall, 1224 N. Lexington Parkway, said she is a member of the District 10
Community Council and spoke regarding the stables saying she believes the amendment
made today begs more questions than answers.
Nancy Sabin, 681 Wheelock Parkway and representing the Jacob Wetterling Foundation,
said it was never intended for the stable to be located in Como Park because of lack of
security and increased traffic it would cause.
No one else was present to appear, and Councilmember Benanav closed the public.
Adopted Yeas – 7 Nays – 0
Councilmember Benanav acknowledged the outstanding work that staff of District 10 did
on this Plan and it includes outstanding idea, and he moved approval of the resolution,
noting the Comprehensive Plan was amended. After a brief discussion, roll call was
taken.
Adopted (the Comprehensive Plan was amended) Yeas – 7 Nays - 0
Councilmember Benanav moved the rules be suspended to consider an item not on the agenda.
Adopted Yeas – 7 Nays - 0
Resolution - 07-651 - Requesting the Administration conduct a Feasibility Study of locating a
mounted patrol facility within the City of Saint Paul.
Councilmember Benanv moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
24. Resolution – 07-638 – Adopting the Summary of the Railroad Island Plan as part of the
City’s Comprehensive Plan. (GS 3041233)
Yang Zhang appeared and presented the Department of Planning and Economic
Department’s staff report.
July 18, 2007 City Council Summary Minutes Page 10
Linda Arnesen, 576 Payne Avenue, appeared as Chair of the Railroad Island Task Force
and spoke in support of the resolution.
(Councilmember Benanav left and returned at a later point in the meeting)
Ryan Kapaun, 776 Geranium Avenue, appeared as President of the Payne-Phalen District
Council, spoke in support of the resolution, and thanked staff and neighbors for their
work on the Railroad Island Plan.
No one else appeared, and Councilmember Thune thanked everyone for their dedication
and said this is a new future for the neighborhood.
Councilmember Thune moved approval of the resolution.
Adopted (the Comprehensive Plan was amended)
Yeas – 6 Nays – 0 (Benanav not present)
(Councilmember Helgen left and returned at a later point in the meeting)
25. Public hearing to consider the report of the Administrative Law Judge concerning the
Auto Repair Garage License and Second Hand Dealer-Motor Vehicle License held by
Heartland Auto Sales, 1236 Arcade Street.
Rachel Gunderson of the City Attorney’s Office appeared and presented her staff report in
support of the ALJ report with the exception of their recommendation to delete Finding of
Fact #21 and Conclusion of Law #15.
(Councilmember’s Benanav and Helgen returned to the meeting)
The Attorney representing Heartland Auto Sales distributed a letter to Council addressing
errors in the ALJ’s report, and he presented both a short and long-term solution to the
issues addressed.
No one appeared in opposition.
Ryan Kapaun, 776 Geranium Avenue, appeared as President of the Payne-Phalen District
Council, spoke in support of the ALJ report stating there have been consistent complaints
about this property and urged Council to take the strongest action possible against the
licenses.
No one else appeared, and Councilmember Bostrom moved the public hearing be closed.
Adopted Yeas – 7 Nays – 0
July 18, 2007 City Council Summary Minutes Page 11
Councilmember Bostrom moved to approve the recommendation of the ALJ with the
exception of Finding of Fact #21 and Conclusion of Law #15, impose the recommended
fine of $2,000 and a thirty (30) day closure with a twenty-five (25) day stay, provided
there are no other violations within the next twenty-four (24) months.
Adopted Yeas – 7 Nays – 0
26. Public hearing to consider the report of the Administrative Law Judge concerning all
licenses held by Hmong American Partnership, 1075 Arcade Street.
Rachel Gunderson of the City Attorney’s Office presented her staff report and
recommended approval of the ALJ report with the exception of Finding of Fact #6.
Tamara Dean, Attorney representing the Hmong American Partnership, appeared and
urged Council to accept fully the ALJ report with no disciplinary actions, and she
answered various questions of Councilmember’s.
No one else appeared, and Councilmember Bostrom moved the public hearing be closed.
Adopted Yeas – 7 Nays – 0
Councilmember Bostrom moved this item be laid over one week to July 25.
Yeas – 7 Nays – 0
27. Resolution Ratifying Assessment – 07-639 – In the matter of the assessment of
benefits, cost, and expenses for Tenant Remedy Action Rehabilitation for properties at
1250 3rd Street East and 507 Van Buren Avenue. [TR0703] (GS 3040379)
No one appeared in opposition, and Councilmember Montgomery moved the public
hearing be closed and the resolution be adopted.
Adopted Yeas – 7 Nays - 0
(Councilmember Thune left and returned to the meeting at a later point)
28. Resolution Ratifying Assessment – 07-640 – In the matter of the assessment of benefits,
cost, and expenses for repair of sanitary sewer connections, at the request of the property
owners, in conjunction with improving Burlington Road from Totem Road to Totem
Road. [File No. 19019C] (GS 3040494)
No one appeared in opposition, and Council President Lantry moved the public hearing
be closed and the resolution be adopted.
Adopted Yeas – 6 Nays – 0 (Thune not present)
July 18, 2007 City Council Summary Minutes Page 12
29. Resolution Ratifying Assessment – 07-641 – In the matter of the assessment of benefits,
cost, and expenses for repair of sanitary sewer connections, at the request of property
owners, in conjunction with improving Minnehaha Avenue from Dale Street to Arundel
Street. [File No. 19022C] (GS 3040790)
No one appeared in opposition, and Councilmember Montgomery moved the public
hearing be closed and the resolution be adopted.
Adopted Yeas – 6 Nays – 0 (Thune not present)
30. Resolution Ratifying Assessment – 07-642 – In the matter of the assessment of benefits,
cost, and expenses for repair of sanitary sewer connections, at the request of property
owners, in conjunction with improving Selby Avenue from Victoria Street to Avon
Street. [File No. 19026C] (GS 3040791)
No one appeared in opposition, and Councilmember Montgomery moved the public
hearing be closed and the resolution be adopted.
Adopted Yeas – 6 Nays – 0 (Thune not present)
31. Resolution Ratifying Assessment – 07-643 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement (property cleanup) at 918 Westminster on
April 10, 2007. (Laid over from June 20) (GS 3041130) (Legislative Hearing Officer
recommends reducing the assessment from a total of $358 to a total of $258 and
spreading the payments over three (3) years)
No one appeared in opposition, and Councilmember Helgen moved the public hearing be
closed and the resolution be adopted as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0 (Thune not present)
32. Resolution Ratifying Assessment – 07-644 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement (property cleanups) at 1220 Sylvan Street and
1449 University Avenue West [J0707A1] (Laid over from July 5) (GS 3041592)
(Legislative Hearing Officer recommends the following:
1220 Sylvan Street (J0707A1X) - approve the assessment; and
1449 University Avenue West (J0707A1X) - delete the assessment.)
No one appeared in opposition, and Councilmember Helgen moved the public hearing be
closed and the resolution adopted as amended.
Yeas – 6 Nays – 0 (Thune not present)
(Councilmember Thune returned to the meeting at this point)
July 18, 2007 City Council Summary Minutes Page 13
33. Resolution Ratifying Assessment – 07-645 – 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. [J0701E1] (Laid over from July 5) (GS 3041563) (Legislative Hearing Officer
recommends the following:
457 Charles Avenue (J0701E) - Approve the assessment in the amount of $70 and delete
the assessment in the amount of $95;
123 Sycamore Street West (J0701E) - recommendation is forthcoming approve the
assessment; and
829 Third Street East (J0701E) - approve the assessment.)
Marcia Moermond, Legislative Hearing Officer, referred to 123 Sycamore Street West
and explained her recommendation to approve the assessment.
No one appeared in opposition, and Councilmember Helgen moved the public hearing be
closed and the resolution be adopted as amended (per the recommendation of the
Legislative Hearing Officer).
Adopted Yeas – 7 Nays – 0
34. Resolution – 07-646 – Ordering the owner to remove or repair the property at 851
Conway Street within fifteen days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming) (GS 3040598)
Marcia Moermond, Legislative Hearing Officer, explained her recommendation that the
property be removed with option to repair within fifteen (15) days.
Amy Hanford appeared representing the property owner and spoke in opposition to the
Legislative Hearing Officer’s recommendation. She stated she went to the property but
was unable to gain access and she would like the opportunity to view it.
Jacob Dorer, 988 McLean Avenue, said he is a member of the District Council, and
although he has seen the exterior of the property he has not seen the interior, and he urged
Council to lay this matter over for two weeks.
No one appeared, and Council President Lantry moved the public hearing be closed and
the resolution laid over to August 1st. Yeas – 7 Nays – 0
35. Resolution – 07-647 – Ordering the owner to remove or repair the property at 343 Maple
Street within fifteen days from adoption of resolution. (Legislative Hearing Officer's
recommendation is forthcoming) (GS 3040596)
July 18, 2007 City Council Summary Minutes Page 14
Marcia Moermond, Legislative Hearing Officer, stated all requests have been met by the
property owner, and she recommended Council allow 120 days for rehabilitation to be
completed.
No one appeared in opposition, and Council President Lantry moved the public hearing
be closed and the resolution adopted per the recommendation of the Legislative Hearing
Officer.
Adopted as amended with owner to complete rehabilitation within 120 days (per the
recommendation of the Legislative Hearing Officer) Yeas – 7 Nays - 0
36. Resolution – 07-648 – Ordering the owner to remove the property at 80 Sycamore Street
within fifteen days from adoption of resolution. (Legislative Hearing Officer
recommends approval) (GS 3040595)
Marcia Moermond, Legislative Hearing Officer, presented her staff report stating this is a
non-conforming 3-plex and not a duplex. She stated that Steven Mackey, representing
Access Bank, is present to address the Council, but she urged Council to not grant any
additional time to this property.
Steve Mackey appeared stating he is an attorney representing Access Bank and he
presented some background information on this property and requested time so they could
revisit the property.
No one else appeared, and Councilmember Helgen moved the public hearing be closed.
Yeas – 7 Nays – 0
Councilmember Helgen said given the history of this property and its current condition,
he sees no reason to intervene and moved approval of the resolution as recommended by
the Legislative Hearing Officer.
Councilmember Benanav said this is a property that someone wants to save, and he
suggested a two week period be given to allow for a plan to be submitted.
After further discussion, Councilmember Helgen moved approval of the resolution with
property to be removed within fifteen (15) days with no option to repair.
Adopted (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays - 0
July 18, 2007 City Council Summary Minutes Page 15
37. Resolution – 07-649 – Ordering the owner to remove or repair the property at 614 Wells
Street within fifteen days from adoption of resolution. (Legislative Hearing Officer's
recommendation is forthcoming) (GS 3040594)
Marcia Moermond, Legislative Hearing Officer, presented her staff report recommending
the property be removed or repaired within fifteen (15 days).
No one appeared in opposition, and Councilmember Bostrom moved the public hearing
be closed. Yeas – 7 Nays – 0
Councilmember Bostrom moved the resolution be adopted with the amendment that it be
removed within five (5) days with no option for repair.
Adopted as amended Yeas – 7 Nays - 0
38. Appeal of John Polski, on behalf of the personal representative for the estate of Lawrence
Zimmerman, to a Vacant Building Registration Notice for property at 167 Congress
Street West.
Withdrawn
Councilmember Bostrom moved to adjourn the meeting.
Adopted Yeas – 7 Nays – 0
ADJOURNED at 8:30 P.M.
ATTEST:
_____________________________ _____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: __September 19, 2007 _________
Pattie Kelley Minutes approved by Council