Minutes 11-21-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 21, 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 by Council President Lantry at 3:30 p.m.
Present – 6 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery
Absent – 1 – Thune (arrived later in the meeting)
CONSENT AGENDA (Items 1 - 18)
Council President Lantry removed Item 18 for discussion.
Councilmember Harris moved approval of the consent agenda as amended.
Yeas – 6 Nays – 0
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 CMR (for Quest), Tim J. Koran, Stephen H. Demulling, Darryl F.
Spence, Benjamin M. Schatz, and William A. Sylvester.
Referred to Risk Management
2. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on December 5, 2007 to consider the application of
Abway, LLC (ABRA Auto Body) for Interim Use to continue an auto body repair
business at 1190 University Avenue West (between Lexington Avenue and Griggs
Street). [ZF 07-184-825]
November 21, 2007 City Council Summary Minutes Page 2
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on December 5, 2007 to consider the
application of NWM HI94, LLC for a Combined Plat for Flannery Addition to create two
(2) industrial parcels at 389 Hamline Avenue North (northwest corner at St. Anthony
Avenue). [ZF 07-076-549]
4. Letter from the Department of Safety and Inspections/Code Enforcement declaring
54 Belvidere Street East as nuisance property. (For notification purposes only; a public
hearing will be scheduled at a later date if necessary.)
5. Administrative Orders:
D002682 Amending the 2007 Emergency Management budget in the Department of
Fire and Safety Services Emergency Management budget.
D002683 Amending the spending plans for Public Works Right-of-Way activity.
On file with the City Clerk
FOR ACTION
6. Approval of minutes of September 19 and 26, and October 3, 2007.
Adopted Yeas – 6 Nays – 0
7. Resolution – 07-1069 – Approving the Collective Bargaining Agreement between the
City and the Saint Paul Fire Supervisory Association, International Association of
Firefighters, Local 3939. (Laid over from November 14 for adoption)
Adopted Yeas – 6 Nays – 0
8. Resolution – 07-1094 – Accepting a donation in the amount of $653.00 from the National
Trust for Historic Preservation to reimburse the City for costs incurred on behalf of the
Trust for the 2007 National Preservation Conference in Saint Paul.
Adopted Yeas – 6 Nays – 0
9. Resolution – 07-1095 – Memorializing City Council Action taken October 10, 2007
denying the appeal, with conditions, of University United to a decision of the Planning
Commission approving the site plan for two new commercial buildings (a two-story
Walgreens with a drive-thru pharmacy window and a Big Top Liquor store) at 1532
University Avenue. [Zoning File 07-048836]
Adopted Yeas – 6 Nays – 0
10. Resolution – 07-1096 – Approving the settlement of claims between the City of Saint
Paul and Hammel, Green and Abrahamson in the amount of $50,000.00.
November 21, 2007 City Council Summary Minutes Page 3
Adopted Yeas – 6 Nays – 0
11. Resolution – 07-1097 – Authorizing the Department of Fire and Safety Services to enter
into an agreement with Hennepin Technical College to provide credit-based fire
protection courses for firefighters and new recruit firefighters.
Adopted Yeas – 6 Nays – 0
12. Resolution – 07-1098 – 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 – 6 Nays – 0
13. Resolution – 07-1099 – Approving a 2007 financing and spending plan in the Police
Department for the Highway Enforcement of Aggressive Traffic (HEAT) grant.
Adopted Yeas – 6 Nays – 0
14. Resolution – 07-1100 – Authorizing the Police Department Ordnance Unit to enter into a
Joint Powers Agreement with the State of Minnesota to dispose of or neutralize bombs or
other similar explosives for other municipalities within the State of Minnesota from July
1, 2007 through June 30, 2009.
Adopted Yeas – 6 Nays – 0
15. Resolution – 07-1101 – Authorizing the Police Department to accept a Safe and Sober
grant from the Minnesota Department of Public Safety.
Adopted Yeas – 6 Nays – 0
16. Resolution – 07-1102– Authorizing the Police Department to enter into an agreement
with the State of Minnesota, Century College, to provide the Police Department with
approximately 300 hours of Peace Officers and Standards Training Board (POST)
approved training.
Adopted Yeas – 6 Nays – 0
17. Resolution – 07-1103 – Approving the application with conditions, per the Legislative
Hearing Officer, of Debra and Wayne Anderson, owners, HER Enterprise, Inc., d/b/a
Wayne’s Auto & Tire, 1581 White Bear Avenue, for an Auto Repair Garage license.
Adopted Yeas – 6 Nays – 0
18. Resolution – 07-1104 – Approving the purchase agreement for property at 853 N. Dale
Street. (GS 3044182)
(Discussed after the consent agenda)
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November 21, 2007 City Council Summary Minutes Page 4
18. Resolution – 07-1104 – Approving the purchase agreement for property at 853 N. Dale
Street. (GS 3044182)
Council President Lantry said she would not support this resolution based on budget
issues. Councilmember Harris concurred saying the reason listed for this purchase is not
appropriate and he felt the money could be used more appropriately. Councilmember
Helgen spoke in favor saying it was a good opportunity as not only are they looking long-
term around the public works property and the opportunity to buy a blighted property that
has very little other use. This property and the property next to it are blighting influences
on what has been a good revitalization of the Como-Front intersection and the Dale Street
Bridge. It’s an abandoned, dilapidated building and it won’t be developed into a
commercial business so it could sit vacant for a long time. It’s also something that fits
with the strategic plan.
Bruce Beese, Director of Public Works, appeared and said this property is adjacent to the
Public Works facilities on Dale Street. It will afford them opportunities for storage as
well as safety. There is a blind corner on the property so the entrance could be moved.
With respect to the budget for the right of way maintenance fund, he said in some areas
they have presented a worst case scenario. The worst case is about a half-million dollars.
Spending authority is being reallocated to make this purchase. Other improvements are
not in the 2008 budget.
Councilmember Montgomery moved approval
Adopted Yeas – 4 Nays – 3 (Benanav, Harris, Lantry)
Proclamation
Councilmember Thune presented a proclamation to John Rea in recognition of John’s
60th birthday and in appreciation for his innumerable contributions to the community, and
declaring Thursday, November 22, 2007 to be John Rea Day in the City of Saint Paul.
FOR DISCUSSION
19. Resolution Ratifying Assessment – 07-932 – In the matter of the assessment of benefits,
cost, and expenses for the Griggs/Jefferson RSVP Phase I for 2007. [File No. 19031]
(Laid over from October 3 to December 5; will be recalled on November 21)
Councilmember Harris moved to recall this item. Yeas – 7 Nays – 0
Because of the good progress that has been made on this project, Harris moved approval.
Adopted Yeas – 7 Nays – 0
November 21, 2007 City Council Summary Minutes Page 5
20. Consideration of the report of the Administrative Law Judge concerning all licenses held
by Hmong American Partnership, d/b/a Hmong American Partnership, 1075 Arcade
Street. (Public hearing held and laid over July 18; laid over November 7)
Councilmember Bostrom moved to adopt the findings of fact, conclusions of law, and
recommendations of the administrative law judge, finding no license violation, and
dismiss adverse action. Yeas – 7 Nays – 0
21. Resolution – 07-1105 – Withdrawing adverse action against all licenses held by Hmong
American partnership, 1075 Arcade Street, and imposing amended license conditions.
ouncilmember Bostrom withdrew the resolution.
Recalled Item:
Councilmember Montgomery moved to recall the following resolution: Yeas – 7 Nays – 0
Resolution – 07-1083 – Approving the application with conditions, per the Legislative
Hearing Officer, of Dara Thai Restaurant, 769 Milton Street North, for Wine On Sale,
Malt On Sale (Strong), Liquor On Sale-2 A.M. closing, and Entertainment B licenses.
Councilmember Montgomery moved to amend the resolution to exclude Liquor On Sale-
2:00 A.M. closing.
Adopted November 14; recalled and adopted as amended
Yeas – 7 Nays – 0
Councilmember Harris welcomed students from North Saint Paul who were attending the
meeting.
Suspension Item:
Councilmember Bostrom moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-1134 – Proclaiming Thursday, December 13, 2007, also known as
St. Lucia Day, be forever known in as Ruby Marie Swanson Day the City of Saint Paul.
Councilmember Bostrom sated that Ruby Swanson celebrated her 100th birthday on
September 22, 1907, she grew up on the East Side of St. Paul, attended Phalen Park
Elementary School and Johnson High School.
November 21, 2007 City Council Summary Minutes Page 6
Councilmember Bostrom moved approval.
Adopted Yeas – 7 Yeas – 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.
22. First Reading – 07-1106 – An ordinance amending Chapter 64 of the Saint Paul
Legislative Code to permit the conversion of legal nonconforming billboards to ones
with "dynamic displays," i.e., electronic billboards, in exchange for permanently
removing traditional billboards, and also to regulate the locations and operating standards
for billboards with dynamic displays.
Council President Lantry moved to introduce a substitute ordinance.
Substitute introduced and laid over to November 28 for second reading
23. First Reading – 07-1107 – An ordinance amending Chapter 161 of the Saint Paul
Legislative Code to permit snow emergency tags to be written by third party vendors and
to delete obsolete references to Ramsey County Municipal Court.
Laid over to November 28 for second reading
24. First Reading – 07-1108 – An ordinance granting the District Heating Franchise, held by
the District Energy St. Paul, Inc. for a period of twenty years, ending in 2027.
Laid over to November 28 for second reading
25. First Reading – 07-1109 – An ordinance granting the District Cooling Franchise, held by
the District Energy St. Paul, Inc. for a period of twenty years, ending in 2027.
Laid over to November 28 for second reading
The meeting was recessed from 3:55 to 5:30 p.m.
Present – 5 Absent – 2 (Harris and Montgomery – arrived later in the meeting)
PUBLIC HEARINGS
26. Third 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.
November 21, 2007 City Council Summary Minutes Page 7
No one appeared in opposition; Councilmember Harris moved to close the public hearing
Yeas – 6 Nays – 0 (Montgomery not present)
Laid over to November 28 for final adoption
27. Third Reading – 07-1049 – An ordinance amending Chapter 402 of the Saint Paul
Legislative Code to allow Bar Bingo. (GS 3045750)
No one appeared in opposition.
Colin Minehart, Gambling Manager for MLBA Children’s Fund, the charity which
currently operates thirteen sites in the state and four in the City of Saint Paul, appeared
and spoke in support. He suggested that the Council give thought to allowing bar sales
also which means pulltabs could be sold behind the bar as well as using a machine or a
booth. He thought that the City of Minneapolis had recently changed their ordinance to
allow that. Councilmember Helgen responded that a draft ordinance is in progress to
allow for bar sales of pulltabs.
Councilmember Helgen moved to close the public hearing.
Yeas – 6 Nays – 0 (Montgomery not present)
Laid over to November 28 for final adoption
28. Third Reading – 07-1050 – An ordinance amending Chapter 403 of the Saint Paul
Legislative Code to allow Bar Bingo.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing. Yeas – 6 Nays – 0 (Montgomery not present)
Laid over to November 28 for final adoption
29. Third Reading – 07-1051 – An ordinance amending Chapter 409 of the Saint Paul
Legislative Code to allow Bar Bingo.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing. Yeas – 6 Nays – 0 (Montgomery not present)
Laid over to November 28 for final adoption
30. Third 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.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 6 Nays – 0 (Montgomery not present)
November 21, 2007 City Council Summary Minutes Page 8
Laid over to November 28 for final adoption
31. Third Reading – 07-1053 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to include administrative penalties for food code violations.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 6 Nays – 0 (Montgomery not present)
Laid over to November 28 for final adoption
32. Third Reading – 07-1066 – An ordinance amending Chapter 331A.04 of the Saint Paul
Legislative Code creating additional classifications of restaurants.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 6 Nays – 0 (Montgomery not present)
Laid over to November 28 for final adoption
33. 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 November 7)
Councilmember Thune moved to continue the public hearing to December 5
Laid over to December 5 for continuation of public hearing
Yeas – 7 Nays – 0
34. Resolution – 07-1110 – Approving 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.
Councilmember Thune said there were other issues that had to be discussed concerning
this area and another neighborhood meeting will be held. Thune moved to continue the
public hearing for two weeks.
Laid over to December 5 for continuation of public hearing
Yeas – 6 Nays – 0
35. Resolution – 07-1111 – Approving the petition of Parkway Little League to vacate street
rights in a portion of Frank and Conway Streets, currently used by Parkway Little League,
in order to allow the petitioner to reconfigure existing property.
No one appeared in opposition; Council President Lantry moved to close the public
hearing and approval. She congratulated Parkway Little League on the many
improvements they have made.
Adopted Yeas – 6 Nays – 0 (Montgomery not present)
November 21, 2007 City Council Summary Minutes Page 9
(Montgomery arrived)
36. Resolution – 07-1112 – Authorizing the City to grant a storm water drainage easement to
the Minnesota Department of Transportation and to accept compensation for the
easement and related restoration work.
Councilmember Thune asked if the $26,850 dollars will be used for Lilydale Park as
opposed to putting it in the General Fund. Bruce Engelbrekt, Department of Public
Works, appeared and responded that just under $10,000 will go into the parkland
replacement fund because it is compensation specifically for the permanent and
temporary easements on that site. The rest of the money was for restoration work – costs
incurred by Parks and Recreation for that work.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval
Adopted Yeas – 7 Nays – 0
37. 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] (Public hearing continued from November 7)
Patricia James, Department of Planning and Economic Development, presented a staff
report saying that Mr. Hussein currently operates an auto repair business at this site. He
requested a conditional use permit from the Planning Commission to be able to sell
automobiles. The application was denied by the Planning Commission and Mr. Hussein
appealed that decision alleging error because of the fact that the application can meet all
of the requirements for auto sales in the B3 zoning district.
Gregory Hanson, 201 6th Avenue North, Newport, MN, attorney for Galaleldin Hussein,
said the appeal centers around three issues which the Planning Commission deemed to be
non-compliant with either the Small Area Plan or the Comprehensive Plan. He pointed
out that the issues were under Section 61.501, Items 1, 3 and 4. The Zoning staff report
contradicts what the Planning Commission found. The Zoning staff report was in full
support of Mr. Hussein operating the business at the current location. One of the items
the Planning Commission concentrated on seemed to be the fact that in the Small Area
Plans that were proposed, there was a restriction on auto sales to be limited to certain
areas. The Sunray-Suburban Small Area Plan does not include that limitation. The site is
of sufficient size and the area is not undergoing any rapid redevelopment. The reduction
of the lot would not impair the ability to operate the business as it’s a small 10-20 car
operation along with his repair business.
November 21, 2007 City Council Summary Minutes Page 10
Appearing in opposition were the following:
Angie Stehr, 1656 Burns Avenue, District 1 resident, a current member of the District 1
Community Council, and a member of the Sunray-Suburban Avenue Small Area Plan
Task Force. She read a statement indicating her personal opposition as well as District
1’s opposition to granting a conditional use permit for this business.
Jean Wielterkens, 413 Totem Road, expressed concern that this is a Sinclair owned
property which operated as a gas station for many years. She questioned the
underground petroleum tanks and whether there may be pollution problems with this site.
She also expressed concerned about security and theft in this high density area saying it
may be a magnet for crime and have an impact on surrounding areas.
Council President Lantry moved to close the public hearing. Yeas – 7 Nays – 0
Lantry moved to deny the appeal saying she felt everything was well laid out by the
Planning Commission resolution. Number 5 on their resolution specifically states “to
restrict outdoor sales to seasonal items sold by businesses already located on the site,
discourage outdoor sales by itinerant businesses.” Also, the Plan states, “to restrict auto
related uses to the sale of gasoline and auto repairs as an ancillary use at service stations
selling gasoline.”
Motion of Intent – Appeal Denied Yeas – 7 Nays – 0
38. Resolution – 07-1113 – Approving adverse action against the Cigarette/Tobacco license
held by Teclemariam Abraham & Amanuel Abraham, d/b/a A&T Market, 381 Minnesota
Street.
Rachel Tierney, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), appeared. She stated that the licensee requested a public hearing on
this matter to contest the penalty. The allegations were that on May 8, 2007 an
undercover police officer went into the A&T Market at 381 Minnesota Street and
purchased single cigarettes. She cited Section 324.07a of the Code which prohibits the
sale of single cigarettes. The recommended penalty from DSI is a $500 fine which is a
matrix penalty. With respect to past license history, A&T Market failed a tobacco
compliance check where a sale was made to an underage person on December 7, 2006.
Amanuel Abraham, business owner, said he did not know that it was a violation to sell
single cigarettes. Ms. Tierney responded that it was her understanding that DSI sent
letters to all license holders informing them of the change. Mr. Abraham said he did not
receive a letter.
November 21, 2007 City Council Summary Minutes Page 11
Councilmember Thune moved to close the public hearing. Yeas – 7 Nays – 0
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
39. Public hearing to consider the report of the Administrative Law Judge concerning the
Restaurant (A) 0-12 Seats license held by Issam Alhuniti, d/b/a Chicago Submarine, 614
Selby Avenue.
Rachel Tierney, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), presented a staff report saying this was a return of an Administrative
Law Judge (ALJ) report. Action was filed on August 22, 2007 alleging that the licensee
of Chicago Submarine at 614 Selby had a sidewalk café without a sidewalk café license.
The owner was notified that a license was required and he failed to obtain one. An
inspector returned on May 27, 2007 and found there were tables and chairs on the
sidewalk and a license still had not been obtained but the required insurance that goes
with that license was obtained.
The ALJ hearing was held on September 27, 2007 and the ALJ returned a report on
October 18, 2007 finding that a violation had been proven. The recommendation of DSI
was a $500 fine which is a matrix penalty and that the Council adopt the Findings of Fact,
Conclusions of Law, and recommendation of the Administrative Law Judge.
Issam Alhuniti, owner, appeared and claimed he never had a sidewalk café but, rather, all
his business is inside. He talked about a family situation that caused him to close his
business from November 2006 to May 2007 as well as other hardships with the business.
He said he has a long-term lease so he cannot walk away from the business.
He said he feels the inspector made mistakes. Also, he feels he has eliminated a lot of
problems in the area by having his business there. His is the only minority business in
that general area.
Councilmember Montgomery moved to close the public hearing. Yeas – 7 Nays – 0
Councilmember Thune said he thought an outdoor license was only needed if food was
served outside which was not the case here. He said he sees it as a public service.
Council President Lantry responded that the inspector was out three times, took pictures,
the tables were on the sidewalk, and there was no evidence that any cleaning was being
done.
November 21, 2007 City Council Summary Minutes Page 12
Councilmember Benanav said the owner should have paid the $31.00 license fee when
the inspector showed up and that he agreed with the Administrative Law Judge’s
determination.
Councilmember Harris concurred with Benanav and further said that from the ALJ report,
Mr. Alhuniti knew there was a violation and he continued the process of the violation.
Councilmember Montgomery also concurred that Mr. Alhuniti knew he was in violation.
Montgomery moved to adopt the report of the administrative law judge.
Adopted the findings of fact, conclusions of law, and recommendations of the
Administrative Law Judge ($500 fine imposed)
Yeas – 6 Nays – 1 (Thune)
40. Final Order – 07-1114 – In the matter of improving the alley in Michel and Robertson’s
Addition, Block 9, by grading and paving with bituminous material in the area bounded
by James, Palace, Chatsworth, and Milton, and in the matter of condemning and taking an
easement in the land necessary for the slopes, cuts and fills, including right of removal of
lateral support from subject land or land remainder thereof, occasioned by excavation
thereof or construction of slopes in the grading and paving the alley in Michel and
Robertson’s Addition, Block 9. [File No. 1908]
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0 (Harris gone)
41. Resolution – 07-1115 – Ordering the owner to remove the building(s) at 443 Forest Street
within five (5) days from adoption of resolution.
Marcia Moermond, Legislative Hearing Officer, reported that this property has had
extensive fire damage and, therefore, she recommended a five-day removal.
No one appeared in opposition; Council President Lantry moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
42. Resolution – 07-1116 – Ordering the owner to remove the building(s) at 1237 Jackson
Street within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated that this is a long-term vacant
November 21, 2007 City Council Summary Minutes Page 13
property. The building was valued at $5,000 while the land on which it sits is valued at a
quarter of a million dollars. The owner is in agreement that the building should be
demolished.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
Council returned to this item later in the meeting and Councilmember Helgen stated that
the neighbors had interest as to what will happen with the property. Ms. Moermond said
the neighbors had requested that the owners consider building townhomes or senior living
cottages and they were looking to get assurances from the owner for that use. The only
thing before the Council at this time was the demolition of the existing structure,
Moermond noted.
43. Resolution – 07-1117 – Ordering the owner to remove the building(s) at 448 Page Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, said for this address as well as 460 Page
Street (Item 44), Mr. Lopez Santamaria, owner, is in agreement that the properties should
be demolished.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
44. Resolution – 07-1118 – Ordering the owner to remove the building(s) at 460 Page Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
45. Resolution – 07-1119 – Ordering the owner to remove the building(s) at 118 Rose
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, reported that the owners are in
agreement that the building should be demolished.
November 21, 2007 City Council Summary Minutes Page 14
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
46. Resolution – 07-1120 – Ordering the owner to remove the building(s) at 947 Sylvan
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, reported that the Realtor was present at
the Legislative Hearing and he indicated that the bank may want to save this property.
However, no plans or financing were forthcoming and nothing additional was heard so
she recommended approval of the order.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
47. Resolution – 07-1121 – Ordering the owner to remove or repair the building(s) at 81
Western Avenue South within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, reported that the vacant building fees had
not been paid, no bond was posted, and no plan presented; therefore, she recommended
approval of the order.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
48. Appeal of James McNeal to a Summary Abatement Order for property at 906 Thomas
Avenue. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
November 21, 2007 City Council Summary Minutes Page 15
49. Appeal of Allen Krenz to a Vehicle Abatement Order, Excessive Consumption, and
Correction Notice for property at 1604 Point Douglas Road South. (by Legislative
Hearing Officer recommends denying the appeal on the Correction Notice; granting the
appeal on the Excessive Consumption charge; denying the appeal on the Vehicle
Abatement Order; and granting an extension to come into compliance November 23,
2007.)
No one appeared in opposition; Council President Lantry moved to close the public
hearing and approve the recommendations of the Legislative Hearing Officer.
Yeas – 7 Nays – 0
Councilmember Thune moved to adjourn the meeting.
ADJOURNED at 6:30 P.M.
ATTEST:
_____________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ____January 16, 2008___________
Mary Erickson Minutes approved by Council