Minutes 11-07-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 7, 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.
CONSENT AGENDA (Items 1 - 26)
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Marcus L. Almon, CMR (two claims for Qwest), Craig M. Gisch, Judith
M. Otte, Misty D. Weldon, and Xcel Energy.
Referred to Risk Management
2. Complaint in the matter of Glenn A. Johnson vs. the City of Saint Paul.
Referred to the City Attorney’s Office
3. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on November 21, 2007 to consider the petition of the
Church of Saint James to vacate and re-dedicate north/south alley rights in the Randolph
Avenue/View Street block in order to slightly reconfigure the property playground
equipment.
4. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on November 21, 2007 to consider the petition of
Parkway Little League to vacate street rights in a portion of Frank Street and Conway
Street, currently used by Parkway Little League, in order to allow the petitioner to
reconfigure existing property.
5. Letters from the Department of Safety and Inspections/Code Enforcement declaring 751
Burr Street, 552 Charles Avenue, 359 Hyacinth Avenue East, 605 Magnolia Avenue East,
610 Magnolia Avenue East, 333 Maryland Avenue West, 1185 Payne Avenue, and 276
Topping Street as nuisance properties, and setting dates of Legislative Hearings for
November 13, 2007 and City Council public hearings for December 5, 2007.
November 7, 2007 City Council Summary Minutes Page 2
6. Letters from the Department of Safety and Inspections/Code Enforcement declaring 705
Bidwell Street, 674 Blair Avenue, 858 Burr Street, 729 Curfew Street, 543 Edmund
Avenue, 447-449 Fry Street, and 1587 Huron Street as nuisance properties, and setting
date of Legislative Hearings for November 27, 2007 and City Council public hearings for
December 19, 2007.
7. Letters from the Department of Safety and Inspections/Code Enforcement declaring 898
Albemarle Street, 902 Albemarle Street, 890 Armstrong Avenue,
314 Bates Avenue, and 815 Robert Street as nuisance properties. (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
FOR ACTION
8. Approval of minutes of August 22 and September 5 and 12, 2007.
Adopted Yeas – 7 Nays - 0
9. Resolution – 07-1029 – Approving the January 1, 2007 through December 31, 2007
Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul
Police Federation. (To be laid over one week for adoption)
Laid over to November 14 for adoption
10. Resolution – 07-1030 – Changing the rate of pay for the classification of Health
Information Administrator from Grade 016 to Grade 019 of Bargaining Unit 06,
Professional Employees Association Salary Schedule.
Adopted Yeas – 7 Nays - 0
11. Resolution – 07-1031 – Changing the rate of pay for the classification of Health Educator
II from Grade 013 to Grade 016 of Bargaining Unit 06, Professional Employees
Association.
Adopted Yeas – 7 Nays - 0
12. Resolution – 07-1032 – Authorizing the Mayor’s Office to accept a gift of travel and
hotel expenses from the Capital City Partnership and the City of Neuss, Germany for
Mayor Chris Coleman, Joe Spencer, Erin Dady, and Cecile Bedor to visit Neuss,
Germany from November 14-21, 2007 to promote trade, education, and understanding
between the citizens of the two cities.
Adopted Yeas – 7 Nays - 0
November 7, 2007 City Council Summary Minutes Page 3
13. Resolution – 07-1033 – Supporting the VISTA program involvement and authorizing the
appropriate City officials to enter into a Memorandum of Understanding with the
Corporation for National and Community Service for the period of the 2007-2008 VISTA
program year, pursuant to which it will act as a sponsor organization.
Adopted Yeas – 7 Nays - 0
14. Resolution – 07-1034 – Authorizing the Department of Planning and Economic
Development to apply to the Metropolitan Council for Tax Base Revitalization grants for
the Total Tool, Sholom Home, 360 Cedar Street, and Landmark Brewery sites.
Adopted Yeas – 7 Nays - 0
15. Resolution – 07-1035 – Authorizing the Division of Parks and Recreation to establish
MNDOT as an agent for accepting federal funds on the City’s behalf for a trial connection
between the existing Bruce Vento Regional Trail and the existing Mississippi River
Corridor.
Adopted Yeas – 7 Nays - 0
16. Resolution – 07-1036 – Accepting conveyance of a Housing and Redevelopment
Authority-owned parcel at Plum Street and Mounds Boulevard, and authorizing payment
of $40,000 for its purchase.
Adopted Yeas – 7 Nays - 0
17. Resolution – 07-1037 – Authorizing the Department of Fire and Safety Services to accept
a donation in the amount of $5,000.00 from the estate of Donald Davis.
Adopted Yeas – 7 Nays - 0
18. Resolution – 07-1038 – Authorizing the Department of Fire and Safety Services to enter
into an agreement with the Minnesota State Fair to use a portion of the walkways at the
Coliseum for training purposes.
Adopted Yeas – 7 Nays - 0
19. Resolution – 07-1039 – Formally vacating the stay in implementation of C.F. 07-648, an
Order to Remove 80 Sycamore Street East.
Adopted Yeas – 7 Nays - 0
20. Resolution – 07-1040 – Amending C.F. 07-759 to delete the assessment for graffiti
removal at 847 Sherburne Avenue.
Adopted Yeas – 7 Nays - 0
21. Resolution – 07-1041 – Amending C.F. 07-882 to delete the assessment for graffiti
removal at 484 Ashland Avenue.
Adopted Yeas – 7 Nays - 0
November 7, 2007 City Council Summary Minutes Page 4
22. Resolution – 07-1042 – Amending C.F. 07-886 to delete the assessment for graffiti
removal at 1080 Mackubin Street.
Adopted Yeas – 7 Nays - 0
23. Resolution – 07-1043 – Amending C.F. 07-942 to delete the assessment for graffiti
removal at 738 Blair Avenue.
Adopted Yeas – 7 Nays - 0
24. Resolution – 07-1044 – Amending C.F. 07-822 to delete the assessment for property
clean up at 1276 St. Clair Avenue.
Adopted Yeas – 7 Nays - 0
25. Resolution – 07-1045 – Memorializing City Council action taken October 17, 2007
denying the appeal for property at 408 Belvidere Street East, per the recommendation of
the Legislative Hearing Officer.
Adopted Yeas – 7 Nays - 0
26. Resolution – 07-1046 – Approving the decision of the Legislative Hearing Officer on an
Appeal of a Correction Notice for property at 906 Charles Avenue.
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
27. Resolution – 07-1047 – Ratifying the appointment of Tim Butler as Fire Chief
effective November 26, 2007.
Councilmember Benanav said he had the privilege to Chair the Fire Chief Selection
Committee and he believes Mr. Butler will be the finest Fire Chief this City has ever
seen.
Tim Butler appeared and thanked the Council and the Mayor for their support, and
Council President Lantry also acknowledged and thanked Interim Chief Morrison for his
work and dedication through the whole process.
Councilmember Benanav moved approval.
Adopted Yeas – 7 Nays – 0
28. Resolution – 07-646 – Ordering the owner to remove or repair the property at 851
Conway Street within fifteen (15) days from adoption of resolution. (Public hearing held
July 18; laid over from September 5) (Legislative Hearing Officer's recommendation is
forthcoming)
November 7, 2007 City Council Summary Minutes Page 5
Council President Lantry moved to lay over to November 14, and later in the meeting
Council President Lantry moved to recall this item and lay over to January 2, 2008.
Laid over to January 2, 2008 Yeas – 7 Nays - 0
29. Consideration of the report of the Administrative Law Judge concerning all licenses held
by Hmong American Partnership, 1075 Arcade Street. (Public hearing held and laid over
July 18; laid over September 5)
Councilmember Bostrom moved to lay over to November 21.
Laid over to November 21 Yeas – 7 Nays – 0
30. Resolution – 07-959 – Amending the 2007 budget to provide for the scope changes
needed in the renovation of the 15th floor City Hall Annex and for repayment of the loan
in 2007. (Laid over from October 24)
Council President Lantry moved approval.
Adopted Yeas – 7 Nays - 0
31. Resolution – 07-960 – Amending the financing and spending plans of the Selby, Victoria,
Minnehaha, and Jessamine at Como Place projects by transferring MSA funding from
Selby Streetscape Phase I and PIA from the 2000 Local Street Improvement Program.
(Laid over from October 24)
Councilmember Montgomery moved approval.
Adopted Yeas – 7 Nays - 0
32. Resolution – 07-961 – Amending the spending and financing plans of the 2006
Residential Street Vitality Program by adding assessments and SPRWS funding and
transferring Sewer, PIA, and Street Improvement Bonds from other capital projects.
(Laid over from October 24)
Councilmember Montgomery moved approval.
Adopted Yeas – 7 Nays – 0
33. Resolution – 07-962 – Amending the spending and financing plans of the St. Peter/Rondo
Storm Tunnel Phase II project by transferring 2007 funding from the Sewer Utility Fund
and surplus funding from the St. Peter/Rondo Storm Tunnel Phase I project. (Laid over
from October 24) (GS 3043100)
Council President Lantry referred to a substitute resolution that had been distributed and
hearing no questions, Councilmember Montgomery moved approval.
Substitute introduced and adopted Yeas – 7 Nays – 0
November 7, 2007 City Council Summary Minutes Page 6
34. Resolution – 07-964 – Amending the spending and financing plans of the 2007
Residential Street Vitality Program by adding SPRWS, STAR Grant funds and alley
assessments, and transferring Major Sewer Repair, Stormwater Quality Improvements,
MSA, and CIB funds from other capital projects. (Laid over from October 24)
Councilmember Montgomery moved approval.
Adopted Yeas – 7 Nays - 0
Councilmember Harris acknowledged and welcomed students from Cretin Derham Hall who
were present in the Council Chambers.
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.
35. Second Reading – 07-1026 – An ordinance amending Chapter 64 of the Saint Paul
Legislative Code to ban new roof signs.
At the request of Councilmember Benanav, the public hearing on this ordinance will be
held on December 19.
Laid over to December 19 for third reading/public hearing
36. Second Reading – 07-1027 – An ordinance amending Chapter 64 of the Saint Paul
Legislative Code pertaining to roof signs by adding new language regulating the
orientation and design appearance of roof signs.
At the request of Councilmember Benanav, the public hearing on this ordinance will be
held on December 19.
Laid over to December 19 for third reading/public hearing
37. First Reading – 07-1048 – An ordinance amending Chapters 87, 88, 89, 90, 91, 92, and
94 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Board
of Water Commissioners to increase fines, revise process for establishing certain charges,
and general housekeeping.
Laid over to November 14 for second reading
38. First Reading – 07-1049 – An ordinance amending Chapter 402 of the Saint Paul
Legislative Code to allow Bar Bingo.
Laid over to November 14 for second reading
November 7, 2007 City Council Summary Minutes Page 7
39. First Reading – 07-1050 – An ordinance amending Chapter 403 of the Saint Paul
Legislative Code to allow Bar Bingo.
Laid over to November 14 for second reading
40. First Reading – 07-1051 – An ordinance amending Chapter 409 of the Saint Paul
Legislative Code to allow Bar Bingo.
Laid over to November 14 for second reading
41. First Reading – 07-1052 – An ordinance amending Chapter 331A of the Saint Paul
Legislative Code and creating Section 331A.11 of Chapter 331A to establish a system of
administrative enforcement of Food Safety regulations.
Laid over to November 14 for second reading
42. First Reading – 07-1053 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to include administrative penalties for food code violations.
Laid over to November 14 for second reading
Council President Lantry moved suspension of the rules to introduce the following ordinance:
Yeas – 7 Nays – 0
First Reading – 07-1066 – An ordinance amending Chapter 331A.04 of the Saint Paul
Legislative Code creating additional classifications of restaurants.
Laid over to November 14 for second reading
Council President Lantry moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-1067 – Canvassing the returns and declaring the results of the City
General Election held November 7, 2007.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Bostrom moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays - 0
Resolution – 07-1068 – Recognizing the contributions to the United States by Hmong
American Servicemen and Servicewomen.
Councilmember Bostrom acknowledged the service of Saint Paul’s Hmong American
Servicemen and women as well as all of our men and women serving in the military, and
moved approval of the resolution.
November 7, 2007 City Council Summary Minutes Page 8
Adopted Yeas – 7 Nays – 0
The meeting was recessed from 3:45 p.m. to 5:30 p.m.
Present – 7 Absent – 0
PUBLIC HEARINGS
44. Resolution – 07-1054 – Approving action taken by the Board of Water Commissioners
establishing water rates for 2008.
No one appeared in opposition, and Councilmember Harris moved to close the public
hearing and lay over to December 12. Yeas – 7 Nays - 0
Public hearing closed and laid over to December 12
There was agreement by the City Council that public hearings would be held in tandum
for Items 43, 45, and 46.
Matt Smith, Director, Office of Financial Services, presented an overview of the major
highlights in the proposed budget, and Bruce Beese, Director, Department of Public
Works, presented an overview of the Right-of-Way Maintenance fund.
After a brief discussion, there was agreement that although the public hearings for Items
45 and 46 will be heard as one, each item will have its own vote process.
Curt Melburn of BOMA appeared and urged the Council to not spend these dollars as it
places the burden on Saint Paul businesses.
Pat Wolf of Commercial Real Estate Services, Inc., appeared and also urged Council to
be very cautious and mindful of businesses.
Jerry Herrman with Greentree, said we have a very strong downtown but expressed
concern with this double digit rate increase. He said we need to be mindful of the
impacts and risks to the tenants and we don’t want them to leave Saint Paul.
Councilmember Benanav asked Mr. Herrman if the assessments aren’t raised, what
could be raised. Mr. Hermann stated that closing down Police and/or Fire would be a
huge concern, and he said business owners could do whatever they can to help get back
the LGA at the State level.
Marvin Wolf, 1907 Dorothea Avenue, referred to the Right-of-Way assessments and
concern of the rising costs.
November 7, 2007 City Council Summary Minutes Page 9
Kimberly Ziegler, 1998 Princeton Avenue, spoke to an assessment she received for alley
maintenance and said she believes the charge is unfair.
Joshua Leonard, a science teacher at Como Park Senior High School, appeared and also
introduced students and explained a special project they are working on.
Dan Foote, St. Paul Chamber Commission, spoke in opposition and referenced the
undue hardship downtown businesses are facing.
Rich Newmeister appeared pertaining to the Library and in opposition to policy changes.
Bill Zajicev referred to maintenance fee increases stating he is in opposition to them.
Ms. Lee said she owns vacant land at 754 Burr and the assessment is so high, and
Councilmember Helgen said he will contact Ramsey County Assessment Office to get the
property value.
Jo Heinz, 339 Webster, appeared and spoke in opposition.
Laura Jelinek appeared on behalf of SMRLS and spoke to the increases of foreclosures
within the City which affects tenants.
Cassandra Netzke appeared on behalf of SMRLS and urged the Council to focus on
intervention issues.
Chris Roman, 176 Cesar Chavez St., appeared on behalf of REDA and spoke in
opposition.
Council President Lantry moved to close the public hearing for Items 43, 45 and 46.
Yeas – 7 Nays – 0
Councilmember Thune moved to lay over Items 43, 45 and 46 to December 12.
Adopted Yeas – 7 Nays - 0
43. Presentation by Matt Smith, Director, Office of Financial Services, and public hearing on
the 2008 City, Library Agency and HRA Budgets, Service Levels and Tax Increment
Plans.
45. Resolution – 07-1055 – In the matter of the assessment of benefits, cost, and expenses for
right-of-way maintenance in 2008.
Public hearing closed laid over to December 12 Yeas – 7 Nays - 0
November 7, 2007 City Council Summary Minutes Page 10
46. Resolution – 07-1056 – Setting 2008 Sanitary Sewer Rates and 2008 Storm Sewer
System Charges.
Public hearing closed laid over to December 12 Yeas – 7 Nays - 0
47. Resolution – 07-1057 – Increasing the Sewer Availability Charge (SAC) from $1,675 per
SAC unit to $1,825 per SAC unit beginning in January 2008.
Public hearing closed and laid over to December 12
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and lay over to December 12. Yeas – 7 Nays - 0
Council President Lantry stated substitute ordinances were prepared for Items 48 and 49.
She said Council will vote on the substitute ordinances and public testimony will then be
received for both Items 48 and 49.
A substitute ordinance was introduced for Item 48. Bob Kessler, Director, Department of
Safety and Inspections (DSI) appeared and presented a brief overview of the substitute
ordinance.
Council President Lantry moved approval of the substitute ordinance.
Yeas – 6 Nays – 0 (Thune not present for vote)
A substitute ordinance was introduced for Item 49. Bob Kessler, Director, Department of
Safety and Inspections (DSI) appeared and presented a brief overview of the substitute
ordinance and explained how staff arrived at categories for the license fees and level of
services.
Councilmember Harris requested Mr. Kessler to provide a cost analysis before final
adoption of the ordinance.
Council President Lantry moved approval of the substitute ordinance.
Yeas – 7 Nays – 0
Kathy Sundberg, Gingko Coffee Shop, appeared and spoke in support of the ordinances.
The following appeared and spoke in opposition to the ordinances: Ed Christie, Sean
O’Byrne, Dan O’Gara, Pat Mancini, John Wolf, Gene Cassidy, Ken Sbota, and Charles
Senkler.
Councilmember Thune moved to close the public hearings for Items 48 and 49.
Laid over to November 14 for Final Adoption
November 7, 2007 City Council Summary Minutes Page 11
48. Third Reading – 07-966 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to increase license fees (except restaurants and on-sale liquor) to reflect
the current level of service.
Substitute ordinance laid over to November 14 for Final Adoption Yeas – 7 Nays - 0
49. Third Reading – 07-967 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to increase license fees for restaurants and on-sale liquor to reflect the
current level of service.
Substitute ordinance laid over to November 14 for Final Adoption Yeas – 7 Nays - 0
50. Third Reading – 07-1003 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code to raise permit fees 10%.
Council President Lantry introduced and explained a substitute ordinance.
No one appeared in opposition, and Councilmember Montgomery moved the public
hearing be closed and the substitute ordinance laid over to November 14 for final
adoption.
Yeas – 4 Nays – 0 (Benanav, Bostrom, Helgen not present)
Councilmember Bostrom returned to the meeting.
51. Third Reading – 07-1004 – An ordinance amending Chapter 370 of the Saint Paul
Legislative Code to increase fees 10% for Certificate of Competency examinations.
No one appeared in opposition, and Councilmember Thune moved to close the public
hearing. Yeas – 5 Nays – 0 (Benanav, Helgen not present)
Councilmember Helgen returned to the meeting.
52. Public hearing to consider the appeal of Mr. Galaleldin Hussein to a decision of the
Planning Commission denying a conditional use permit for outdoor auto sales at 373
Ruth Street North. (ZF 07-169-078)
It was noted that Mr. Hussein had been present earlier but due to an illness had to leave,
and requested this item be laid over for two weeks.
Betsy Leech of the District 1 Community Council appeared and spoke in opposition to the
proposal.
November 7, 2007 City Council Summary Minutes Page 12
Council President Lantry moved to continue the public hearing to November 21.
Yeas – 6 Nays – 0 (Benanav not present)
Councilmember Benanav returned to the meeting at this point.
53. Public hearing to consider the application of James and Angela Goddard for
variance of subdivision regulations to permit the creation of a dead-end alley by
vacating a section of the alley from 535 Montcalm Place north to Montcalm Place.
[ZF 07-169-743]
Patricia James, Department of Planning and Economic Development, appeared and
explained the application for the variance stating other neighbors with driveways will
have access.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
Yeas – 7 Nays – 0
Councilmember Harris moved to grant the application.
Motion of Intent; application granted Yeas – 7 Nays – 0
54. Resolution – 07-1058 – Approving the petition of James and Angela Goddard to vacate
part of an alley in the Montcalm/Edgcumbe block for the purpose of landscaping and lot
beautification.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval. Adopted Yeas – 7 Nays – 0
55. Resolution – 07-930 – Authorizing CBS Outdoor to install new advertising bus shelters at
various locations throughout the City. (Public hearing continued from October 17)
David Keebler, Public Works Traffic Engineer, appeared and presented a staff report
noting that all agreements have been met by the Utilities Commission.
Upon questions by Councilmember Harris and Councilmember Benanav, Mr. Keebler
explained abutting property owners were notified of the process, and that the resolution
can be approved in whole or in part.
Councilmember Montgomery noted that the District 13 Community Council did not
approve the location at Snelling and Portland and requested it be moved further north.
November 7, 2007 City Council Summary Minutes Page 13
Jean Wiggum, 1647 Laurel Avenue, stated the District 13 Community Council is
requesting they have more input into this issue, and said the shelters will result in more
advertising in the community.
Councilmember Benanav was excused for the remainder of the meeting.
Brian Anderson, CBS Outdoor Advertising, appeared saying they bought out Ad Shelters,
and there are two employees whose job is to clean the shelters.
Fred Kuepper appeared and spoke in opposition to a shelter at Portland and Snelling.
Alex Aquel spoke in opposition to a shelter at White Bear Avenue and Maryland Avenue
saying it is too close to a restaurant for privacy of the customers.
Councilmember Montgomery moved to delete Line 11 and to continue the public hearing
to November 21.
Amended and public hearing continued to November 21
Yeas – 6 Nays – 0 (Benanav excused)
Councilmember Montgomery left the meeting and returned at a later point in the meeting.
56. Resolution – 07-931 – Extending Residential Permit Parking in Area 7 to include Smith
Avenue from West Seventh Street to Goodrich Avenue and Goodrich Avenue from Smith
Avenue to the dead-end east of Leech Street, and changing all of Permit Area 7 to “No
Parking Except by Permit.” (Public hearing continued from October 3)
No one appeared in opposition; Councilmember Thune moved to continue the public
hearing to November 21.
Public hearing continued to November 21
Yeas – 5 Nays – 0 (Benanav excused; Montgomery not present)
57. Resolution Ratifying Assessment – 07-1059 – In the matter of the assessment of benefits,
cost, and expenses for tenant remedy action rehabilitation in June 2007 for property at
1123 Galtier Street. [TR0706]
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays – 0 (Benanav excused; Montgomery not present)
November 7, 2007 City Council Summary Minutes Page 14
58. Resolution – 07-1060 – Ordering the owner to remove the building at 1000-1002 Desoto
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays – 0 (Benanav excused; Montgomery not present)
59. Resolution – 07-1061 – Ordering the owner to remove the building at 38 Geranium
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
No one appeared in opposition; Council President Lantry moved to close the public
hearing and to amend the resolution to remove the building within five (5) days.
Adopted as amended (remove within 5 days)
Yeas – 5 Nays – 0 (Benanav excused; Montgomery not present)
60. Resolution – 07-1062 – Ordering the owner to remove or repair the building at 835 Juno
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and to amend the resolution to allow 180 days for repair or removal, per the
recommendation of the Legislative Hearing Officer.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 5 Nays – 0 (Benanav excused; Montgomery not present)
61. Resolution – 07-1063 – Ordering the owner to remove the building at 1098 Sylvan Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and to amend the resolution to remove within five days.
Adopted as amended (remove within five (5) days)
Yeas – 5 Nays – 0 (Benanav excused; Montgomery not present)
November 7, 2007 City Council Summary Minutes Page 15
62. Resolution Ratifying Assessment – 07-1064 – In the matter of the assessment of benefits,
cost, and expenses for property clean up on July 16, 2007 at 1885 Maryland Avenue East.
(J0712A1). (Referred back to Legislative Hearing by Council on October 3)
(Legislative Hearing Officer recommends deleting the assessment)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 5 Nays – 0 (Benanav excused; Montgomery not present)
63. Resolution Ratifying Assessment – 07-1065 – In the matter of the assessment of benefits,
cost, and expenses for property clean up on August 10, 2007 at 89 Atwater Street
(J0713A1), and removing diseased elm trees during winter season 2006/2007 at 429 Mt.
Ida Street (J0704T1). (Referred back to Legislative Hearing by Council on October 17)
(Legislative Hearing Officer recommends the following:
89 Atwater Street (J0713A1) - reduce the assessment from a total of $358 to a total of
$258; and
429 Mt. Ida Street (J0704T1) - recommendation is forthcoming approve the assessment.)
No one appeared in opposition; Marcia Moermond, Legislative Hearing Officer, appeared
stating her recommendation for 429 Mt. Ida Street was to approve the assessment.
Councilmember Thune 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 (Benanav excused; Montgomery not present)
64. Appeal of Carolyn Roy to a Summary Abatement Order for property at 582 Como
Avenue.
Withdrawn
65. Appeal of John Stefanyshyn and Adelheid Stefanyshyn to a Condemnation and Order to
vacate property at 98 Garfield Street. (Legislative Hearing Officer recommends denying
the appeal)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and deny the appeal.
Appeal denied Yeas – 5 Nays – 0 (Benanav excused; Montgomery not present)
November 7, 2007 City Council Summary Minutes Page 16
66. Appeal of Ron Staeheli to a Summary Abatement Order for property at 906 Charles
Avenue. (Legislative Hearing Officer's recommendation is forthcoming)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and deny the appeal.
Appeal denied Yeas – 5 Nays – 0 (Benanav excused; Montgomery not present)
Councilmember Montgomery returned to the meeting at this point.
67. Appeal of Eldon Johnson to a Vehicle Abatement Order for property at 1452 Ashland
Avenue. (Legislative Hearing Officer recommends denying the appeal)
Marcia Moermond, Legislative Hearing Officer, presented a staff report. No one
appeared in opposition; Councilmember Montgomery moved to close the public hearing
and deny the appeal.
Appeal denied Yeas – 6 Nays – 0 (Benanav excused)
Councilmember Thune moved to adjourn the meeting.
Yeas – 6 Nays – 0 (Benanav excused)
ADJOURNED at 8:15 P.M.
ATTEST:
_________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: __December 19, 2007 ___________
Pattie Kelley Minutes approved by Council