Minutes 12-05-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, December 5, 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
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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 – 5 – Benanav, Bostrom, Harris, Helgen, Lantry
Absent – 2 – Montgomery (arrived after roll call),
Thune (arrived later in the meeting)
CONSENT AGENDA (Items 1 - 16)
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 Item 7 for discussion.
Councilmember Harris moved approval of the consent agenda as amended.
Adopted as amended Yeas – 6 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
The following communication was read into the record:
Letter from the Office of the City Attorney announcing a hearing before an
Administrative Law Judge on December 14, 2007 at 9:30 a.m., Room 42, City
Hall/Courthouse, 15 Kellogg Boulevard West, to consider all licenses held by Club
Cancun, 1638 Rice Street.
1. Claims of Stephen C. Cunningham, Mary N. Massman, Builders Mortgage Company,
LLC, and Thomas Crosby.
Referred to Risk Management
December 5, 2007 City Council Summary Minutes Page 2
2. Letters from the Department of Safety and Inspections/Code Enforcement declaring 55
Atwater Street, 59 Atwater Street, 682 Blair Avenue, 893 Burr Street, 950 Desoto Street,
977 Edgerton Street, 763 Fuller Avenue, and 1867 Stillwater Avenue as nuisance
properties, and setting date of Legislative Hearings for December 11, 2007 and City
Council public hearings for January 2, 2008.
3. Letters from the Department of Safety and Inspections/Code Enforcement declaring 839
Aurora Avenue, 1339 Conway Street (garage only), 772 Fuller Avenue, 766 Fuller
Avenue, and 242-244 Nugent Street as nuisance properties. (For notification purpose
only; public hearings will be scheduled at a later date if necessary.)
4. Administrative Order:
D002687 Extending the contract completion date from December 30, 2005 to
October 31, 2007 for the Snelling/Larpenteur Sewer Cleaning and TV
Inspection Project.
On File with the City Clerk
FOR ACTION
5. Approval of minutes of October 17, 2007.
Adopted Yeas – 5 Nays - 0
6. Resolution – 07-1136 – Amending the 2007 budget for the use of Neighborhood STAR
Investment Initiative Program funds for projects in Ward 4.
Adopted Yeas – 5 Nays - 0
8. Resolution – 07-1138 – Approving the allocation of Federal Emergency Shelter Grant
Program funds to listed non-profit agencies for the purpose of assisting them in providing
a wide-range of services to people who are “homeless” or “at risk” of becoming
homeless.
Adopted Yeas – 5 Nays – 0
9. Resolution – 07-1139 – Approving a budget amendment, in the Department of Planning
and Economic Development, to the Urban Revitalization Action Program (URAP) in the
amount of $40,000 for relocation of tenants in the Cornerstone Apartments.
Adopted Yeas – 5 Nays – 0
10. Resolution – 07-1140 – Memorializing City Council action taken November 7, 2007
denying the appeal for property at 1452 Ashland Avenue, per the recommendation of the
Legislative Hearing Officer.
Adopted Yeas – 5 Nays – 0
December 5, 2007 City Council Summary Minutes Page 3
11. Resolution – 07-1141 – Authorizing Aurelia Tessmer to proceed in forma pauperis
related to her appeal for property located at 332 St. Clair Avenue.
Adopted Yeas – 5 Nays – 0
12. Resolution – 07-1142 – Authorizing the Police Department to enter into an agreement
with the Internal Revenue Service, Criminal Investigation for reimbursement of overtime
hours associated with investigating drug crimes specific to money laundering by drug
trafficking organizations.
Adopted Yeas – 5 Nays - 0
13. Resolution – 07-1143 – Authorizing the Police Department to accept a $13,000 donation
from the Saint Paul Police Foundation which will be used for the ongoing “Cops and
Kids” program and the “Shop with Kids” program.
Adopted Yeas – 5 Nays - 0
14. Resolution – 07-1144 – Approving correction of the assessable frontage for the operating
costs for above standard street lights along Dale Street just north of Minnehaha Avenue.
Adopted Yeas – 5 Nays - 0
15. Resolution – 07-1145 – Approving a Retaining Wall License Agreement between the City
and the Mississippi Flats Upper Landing Condominium Association.
Adopted Yeas – 5 Nays - 0
16. Preliminary Order – 07-1146 – In the matter of improving the alley in the West Saint Paul
Real Estate and Improvement Syndicate Addition No. 2, Block 16, by grading and paving
with bituminous material (area bounded by Sidney, Page, Brown, and Andrew), and
setting date of public hearing for January 16, 2007. [File No. 19051]
Adopted Yeas – 5 Nays - 0
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7. Resolution – 07-1137 – Approving the 2007 Round Two Cultural STAR grant
recommendations.
Councilmember Helgen stated he would like to lay over item 07-586, St. Paul
Octoberfest, to January 9 saying he passed out an issue about flowers that he was having a
hard time getting financed.
(Thune arrived)
Helgen moved approval of the resolution except for 07-586.
Adopted Yeas – 7 Nays – 0
December 5, 2007 City Council Summary Minutes Page 4
Helgen stated he would like to have time to discuss this matter with the applicant and
others. Harris responded that if they are going to switch out something, he would like to
see what it is.
Councilmember Montgomery asked if it went through the Cultural Star Board to which
Council President Lantry responded yes.
(Helgen moved to lay over 07-586)
Failed Yeas – 3 Nays - 4 (Bostrom, Harris, Montgomery, Thune)
Councilmember Benanav moved passage of 07-586.
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
17. Resolution – 07-1122 – Amending the 2007 Capital Improvement Budget to include
outdoor refrigerated ice rinks. (Laid over from November 28; a substitute resolution will
be introduced)
Council President Lantry stated that the amendment was technical.
Councilmember Helgen moved approval of the substitute.
Adopted Yeas – 5 Nays – 2 (Benanav, Lantry)
18. Resolution – 07-1123 – Approving a waiver of Neighborhood STAR Program Guidelines
for three outdoor refrigerated skating rinks. (Laid over from November 28)
Councilmember Helgen moved approval
Adopted Yeas – 5 Nays – 2 (Benanav, Lantry)
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.
19. Final Adoption – 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 introduced November 7; laid over
from November 14)
Councilmember Harris moved to remove vending machines and taxicabs.
December 5, 2007 City Council Summary Minutes Page 5
Discussion ensued to clarify which taxi and vending machine licenses would be removed.
Councilmember Benanav asked if the mobile food cart, mobile food cart vehicle, etc.
were notified. Kessler stated the only licenses they are required legally to notify are
vending machines and taxicabs.
Council President Lantry asked if there were legal requirement to notify liquor
businesses.
Councilmember Bostrom clarified that the lines to be removed are numbers 161 and 162
which deal with food vending and lines 284 through 290 dealing with taxis.
(Harris’ motion to remove vending machines and taxicab licenses)
Adopted Yeas – 7 Nays – 0
Harris stated he will not be enforcing this because while there may need to be a license
increase, an arbitrary increase to garner funds justifies the fact that there is not a cost
methodology to increase license fees. He feels little coffee shops, taxicabs, restaurants
are not there to subsidize the general fund and they cannot justify it. This should be
withdrawn with the next one.
Harris moved to withdraw the ordinance saying they really need to think hard about the
methodology.
Councilmember Thune stated they should separate this from the current budget
discussion.
Lantry stated the other option is to lay it over and talk about the justifications. She does
not know what services the City provides for that license fee.
Kessler stated their budget is based on receiving 12 months of the new fee. He will
provide the information to the Councilmembers. The amount is $324,000. There are no
additional people being provided.
Lantry asked about the gap in the GSI funding. Kessler responded it would be cut off.
Thune stated they should adequately support the staff and it would be a mistake to
withdraw it.
Bostrom stated they have not dealt with this for several years. The problem is that they
are trying to take a big bite at one time. It seems that a reasonable increase is 5% across
the board. Then, they could let people know to expect the same thing next year. That
December 5, 2007 City Council Summary Minutes Page 6
will raise about $130,000.
(Harris’ motion to withdraw)
Failed Yeas – 2 Nays – 5 (Bostrom, Helgen, Thune, Benanav, Lantry)
Helgen moved to approve the ordinance.
Gerry Hendrickson, City Attorney’s Office, stated that amendments should be considered
first.
Bostrom moved to amend it to increase by 5%.
Helgen stated that Harris was concerned about methodology, and a 5% increase has zero
methodology. Thune stated 5% would raise $130,000. Lantry added there would be a
$45,000 loss to DSI.
Thune asked what the increase was the first time. Kessler responded that police calls
were estimated, liquor has been cut from 12% to 10%. They are not charging for police
calls because they want people to call the police. The good operators would be paying
less.
They passed an ordinance last week about getting a rebate, asked Lantry.
To develop the increase in penalty would be a huge increase in staff, said Kessler. They
would be happy to look at possibilities, but cannot make any promises.
Kessler explained the three year period projection and said they have pared it down.
(Bostrom’s motion of a 5% amendment)
Failed Yeas – 3 Nays – 4 (Harris, Helgen, Montgomery, Thune)
(Helgen’s motion to approve the ordinance)
Adopted Yeas – 4 Nays 3 (Bostrom, Harris, Montgomery)
20. Final Adoption – 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 introduced and laid over November 14)
Councilmember Harris moved to withdraw the ordinance.
Failed Yeas – 2 Nays - 5 (Bostrom, Helgen, Thune, Benanav, Lantry)
Councilmember Helgen moved approval.
December 5, 2007 City Council Summary Minutes Page 7
Bostrom moved to adopt a 5% increase across the board.
Councilmember Thune asked if they are looking at a 10% next year. Bob Kessler,
Department of Safety and Inspections (DSI), appeared and responded that 10% will be
reduced when they look at the numbers.
Thune asked if this is for the actual costs for running their department. Kessler responded
that they have added additional funds for City Attorney and additional money to the
police department.
Thune stated they must have gone into the hole. Kessler responded the cost of doing
business has gone up. Half the costs of the increase go to DSI.
Councilmember Thune stated that he has a restaurant license. Deputy City Attorney Jerry
Hendrickson responded that this is a license matter that applies to anyone in the public so
it is not a conflict for Thune.
(Bostrom’s motion to adopt 5%)
Adopted Yeas – 5 Nays – 2 (Helgen, Thune)
Helgen again moved approval
Adopted Yeas – 6 Nays 1 (Helgen)
19. Council President Lantry moved to recall Item 19
Adopted Yeas – 6 Nays 1 (Helgen)
Councilmember Bostrom moved to approve Item 19.
Councilmember Helgen moved to table.
Failed Yeas – 3 Nays 4 (Bostrom, Thune, Benanav, Lantry)
Bostrom moved again the 5% increase
Adopted Yeas – 6 Nays 1 (Thune)
Gerry Hendrickson, Deputy City Attorney, stated there are some licenses that have no
fees and that has to be addressed.
Bostrom suggested that they look at this item at 5:30.
Rachel Tierney asked for guidance on how to deal with these increases.
Helgen stated that they will have to lay over this issue for one week. The first one has
been passed. He requested a draft amendment.
December 5, 2007 City Council Summary Minutes Page 8
21. First Reading – 07-1147 – An ordinance amending Chapter 198 of the Saint Paul
Legislative Code to ban ownership of the seven subspecies of the marsupial, Petaurus
Breviceps, commonly referred to as “sugar gliders.”
Laid over to December 12 for second reading
22. First Reading – 07-1148 – An ordinance amending Chapter 65.774 of the Saint Paul
Legislative Code, Malt Liquor Manufacturing, by permitting the use in theB2 Community
Business District and permitting the sale of malt liquor at retail on the site where it is
manufactured; and amending the use table in Chapter 66.421 adding malt liquor
manufacturing as a permitted use in Table 66.421.
Laid over to December 12 for second reading
Councilmember Harris moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-1160 – Accepting the offer from the Port Authority to assist in
acquisition of land for park purposes.
Councilmember Harris moved approval.
Adopted Yeas – 7 Nays – 0
The meeting was recessed from 4:30 to 5:33 p.m.
Present – 6 Absent – 1 - Montgomery
PUBLIC HEARINGS
23. Third Reading – 07-992 – An ordinance amending Chapter 345 of the Saint Paul
Legislative Code (Peddlers, Solicitors and Transient Merchants) to ensure safety outside
entertainment venues and to clarify other requirements. (Laid over from November 14)
Councilmember Thune moved to introduce a substitute ordinance.
Yeas – 6 Nay – 0
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 6 Nays – 0
Laid over to December 19
(Montgomery arrived)
December 5, 2007 City Council Summary Minutes Page 9
24. Third 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. (Substitute introduced November 21)
Council President Lantry said there is a substitute to be introduced. Larry Soderholm,
Department of Planning and Economic Development (PED), reported that the Planning
Commission sent a recommended ordinance which included some changes.
Councilmember Helgen asked if there was rationale for the distance between signs.
Soderholm responded that they would like a restriction of how many there would be in
the City. Drivers should not see multiple billboards changing images at the same time.
Helgen asked if there was any language about a sign company removing several extra and
receiving credit. Soderholm responded that there is a provision that says they are banked
for one year.
Soderholm showed an image of the viewing area surrounding signs.
Harris asked if some of the changes will address the concern that when billboards are
removed new ones go up through the permit process. Peter Warner, Assistant City
Attorney, appeared and said they believed this new language will protect the City in court.
The following people spoke in opposition to the ordinance:
John Manillo, 1335 Beachwood Place;
Andrew Hine, 757 Armstrong Ave.;
Robert Straughn, 2200 Hoyt Ave. W., appeared on behalf of the St. Anthony Park
Community Council;
Joel Clemmer, 2154 Fairmount Ave.;
Peter Brown, 874 Fairmount Avenue;
The following people spoke in favor of the ordinance:
Tom McCarver, 3325 Spring St., Minneapolis, representing Clear Channel;
McCarver stated they are generally supportive of this idea.
Helgen asked about the ten signs that can go. McCarver responded that they are taking
nine signs down for every one they are converting.
Councilmember Benanav stated if they pass what they have today, they would double
December 5, 2007 City Council Summary Minutes Page 10
their signs. McCarver responded that they would reduce it to zero.
Benanav asked if they would not convert any. McCarver responded yes.
Councilmember Thune moved to close the public hearing.
Yeas – 7 Nays 0
Substitute ordinance introduced and laid over for final adoption.
25. Third Reading – 07-1107 – An ordinance amending Chapter 161 of the Saint Paul
Legislative Code to permit snow emergency tags to be written by Final Adoption party
vendors and to delete obsolete references to Ramsey County Municipal Court.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 7 Nays – 0
Laid over to December 12 for final adoption.
26. Third 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.
Matt Smith, Director, Department of Financial Services, reported that they are
recommending approval.
Council President Lantry moved to introduce an amendment. Yeas – 7 Nays – 0
No one appeared in opposition; Councilmember Thune moved to close the public
hearing.
Laid over to December 12 for final adoption.
27. Third 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.
Council President Lantry moved to introduce an amendment. Yeas – 7 Nays – 0
No one appeared in opposition; Councilmember Thune moved to close the public hearing
Yeas – 7 Nays – 0
Laid over to December 12 for final adoption.
28. Resolution – 07-1149 – Approving a Single Family Housing Finance Program to be
financed by the issuance of Single Family Mortgage Revenue Bonds.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
December 5, 2007 City Council Summary Minutes Page 11
Adopted Yeas – 7 Nays – 0
29. 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 21)
Paul St. Martin, Department of Public Works/Traffic Engineer, appeared and reported
that this issue was before the City Council in November and there were further public
meetings and there are still disagreements in the area.
The current regulation is that parking is allowed for two hours. Permit parking was
established in 1991. A petition was received to allow additional permit parking and the
matter came to the Council in November. Staff went back to the neighborhoods and
came up with a compromise proposal. Presently, parking is allowed for two hours
without a permit.
Councilmember Harris asked if Goodrich Street is new and St. Martin responded that it is
along with some other streets.
Jeffery Martin, McBoal Street, spoke in opposition.
The following people appeared in support:
Frank Martin, 55 Wilkin Street;
Rich Sherman, 148 Forbes.
Councilmember Thune moved to introduce a substitute resolution and to lay over one
week saying this is a good compromise. They have worked with Eagle’s Nest and the
Little Sisters of the Poor.
Substitute laid over to December 12 Yeas – 7 Nays – 0
19. (Continued from earlier in the meeting.)
Council President Lantry said Rachel Tierney, Assistant City Attorney, presented in
writing the changes in the fees. Gerry Hendrickson stated they should take a look at it to
see if everything is what was intended. He suggested they then move the specific
documents and changes and layover for approval next week.
Councilmember Bostrom moved to introduce a substitute ordinance. Yeas – 7 Nays – 0
Substitute ordinance laid over to December 12 for final adoption
Nays -7 Nays – 0
December 5, 2007 City Council Summary Minutes Page 12
20 (Continued from earlier in the meeting.)
Bob Kessler, Department of Safety and Inspections, stated that they calculated a 5%
increase. They divided those by the new categories. Some will be getting a 10% increase
and some will be a decrease. He explained which organizations will be getting which. It
is based on the number of licenses in that category. Councilmember Helgen asked if they
are lowering fees for some categories. Kessler responded yes because there are two fees.
Helgen responded that this does not seem consistent to the conversation.
Helgen stated that the tiering means that some establishments are being treated unfairly.
He asked if this is fair based on the ability of the small establishments to deal with the
increases. Kessler responded it is fair and the smaller establishments have less of an
increase.
Bostrom moved to introduce a substitute ordinance. Yeas – 7 Nays – 0
Substitute laid over to December 12 for final adoption. Yeas – 7 Nays – 0
30. 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. (Public hearing
continued from November 21)
No one appeared in opposition; Councilmember Thune moved to continue the public
hearing for two weeks.
Public Hearing continued to December 19 Yeas – 7 Nays – 0
31. Final Order – 07-1150 – In the matter of acquiring property rights needed for right-of-way
purposes for the public purpose of replacing the Rice Street Bridge over the Burlington
Northern and Santa Fe Railway by removing the existing bridge and constructing a new
bridge. [File No. AE2007-07]
No one appeared in opposition; Councilmember Helgen moved approval.
Yeas – 5 Nays -0 (Montgomery and Harris not present)
32. Final Order – 07-1151 – In the matter of acquiring property rights needed for right-of-way
purposes for the public purpose of realigning the intersection of Cleveland Avenue and
St. Paul Avenue. [File No. AE2007-10]
Michele Roy, attorney with Winthrop and Weinstein, appeared representing the fee
owner. They oppose the proposal to acquire this part of the property. This has been
characterized as vacant property. Taking of this property will lead to severance issues for
the property that remains. It will take about 12 parking spaces and parking is a significant
December 5, 2007 City Council Summary Minutes Page 13
asset to this area.
Councilmember Helgen moved to close the public hearing Yeas – 6 Nays – 0
(Thune not present)
Councilmember Harris moved to lay over two weeks.
Laid over to December 19 Yeas – 6 Nays – 0 (Thune not present)
33. Final Order – 07-1152 – In the matter of acquiring property at 350 Water Street West, for
the public purpose of removing blight, protecting bluff land adjacent to Harriet Island
Regional Park, providing space for a Lilydale Regional Park Gateway feature, and for
possible future use to support operations at Harriet Island Regional Park. [File No.
AE2007-14]
No one appeared in opposition; Councilmember Benanav moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays - 0 (Harris and Thune not present)
34. Public hearing 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]
Mark Kemple, surveyor, stated he was present to answer questions. (No questions were
asked.)
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and to grant the application.
Motion of Intent – Application granted
Yeas - 5 Nays – 0 (Harris and Thune not present)
35. Public hearing to consider the application of Abway LLC (ABRA Auto Body) for
Interim Use to continue auto body repair business at 1190 University Avenue West
(between Lexington Avenue and Griggs Street). [ZF 07-184-825]
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and grant the application.
Motion of Intent – Application Granted
Yeas – 6 Nays – 0 (Thune not present)
December 5, 2007 City Council Summary Minutes Page 14
36. Resolution – 07-1153 – Ordering the owner to remove or repair the building at 751 Burr
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated that Tom Sawyer, realtor, wants to
move forward and they will seek contracts to do the demolition.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0 (Thune not present for vote)
37. Resolution – 07-1154 – Ordering the owner to remove or repair the building at 552
Charles Avenue within fifteen (15) days from adoption of resolution.
Marcia Moermond, Legislative Hearing Officer, reported that this was a no show
Legislative Hearing. She received a call from Christine Weber who is representing the
mortgage company. Moermond stated that her recommendation has not changed.
Realtor Greg Vaintrub appeared and stated that the property is boarded and winterized
and in foreclosure. More time is needed until it is in the hands of the bank at which time
it will be rehabilitated and sold.
Council President Lantry asked who his client is and he responded the bank. He said it is
legally still owned by the owner and there is another five months before redemption. The
bank legally cannot start working on the property before redemption.
Moermond stated her recommendation is for demolition.
Montgomery moved to close the public hearing.
Yeas – 6 Nays – 0 (Thune not present)
Montgomery moved Moermond’s recommendation.
Councilmember Harris noted that this house is 120 years old and he questioned if there is
another avenue to approach.
Councilmember Montgomery moved approval.
Adopted Yeas- 7 Nays – 0
December 5, 2007 City Council Summary Minutes Page 15
38. Resolution – 07-1155 – Ordering the owner to remove or repair the building at 605
Magnolia Avenue East within fifteen (15) one hundred-eighty (180) days from adoption
of resolution. (Legislative Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, recommended granting 180 days for
rehabilitation of this structure.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
39. Resolution – 07-1156 – Ordering the owner to remove or repair the building at 610
Magnolia Avenue East within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated this was a property that was for
sale at a large auction in Minneapolis. There was a potential buyer who attended the
initial Legislative Hearing and he decided not to purchase the property. Mike Cassidy
then decided he was interested in purchasing the property. He prepared a work plan and
after reviewing it, she determined that he had not met the required conditions in the work
plan. She also noted that the work plan was not received timely as Mr. Cassidy was two
business days late in getting it to her. She had concerns about the bids for the electrical,
plumbing, and heating and needed additional information concerning those bids. Some of
the items in the work plan, such as foundation work, were not included. She requested
that the Council accept the testimony of Mr. Cassidy and continue the public hearing for
one week.
Mike Cassidy, 9431 Old Concord, Inver Grove Heights, appeared and stated that he had
prepared the work plan that was given to him as an example and thought he had done
what was required.
Councilmember Bostrom moved to continue the public hearing to December 12.
Yeas – 7 Nays – 0
40. Resolution – 07-1157 – Ordering the owner to remove or repair the building at 333
Maryland Avenue West within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated the materials are in order and she
would like the Council to grant 180 days.
December 5, 2007 City Council Summary Minutes Page 16
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval as amended.
Adopted as amended (remove or repair within 180 days) Yeas- 7 Nays – 0
41. Resolution – 07-1158 – Ordering the owner to remove the building at 1185 Payne
Avenue within five (5) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated a church owns the property and
they would like the house torn down. Her recommendation is demolition in 5 days with
no option for rehabilitation.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
42. Resolution – 07-1159 – Ordering the owner to remove the building at 276 Topping Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond stated this was no-show Legislative Hearing.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
43. Appeal of Brian Tuminelly to a Summary Abatement Order and Vehicle Abatement
Order for property at 5 George Street West. (Legislative Hearing Officer recommends
denying the appeal on the Summary Abatement Order and granting an extension to the
end of business on December 6, 2007)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and deny the appeal.
Appeal denied and extension granted Yeas- 7 Nays – 0
December 5, 2007 City Council Summary Minutes Page 17
Suspension Items:
Councilmember Montgomery moved suspension of the rules to introduce the following
resolution: Yeas – 7 Nays – 0
Resolution – 07-1161 – Requesting the Planning Commission to incorporate the present
B3 building height limits along University Avenue between Lexington and Marion into
any new zoning recommendations contained in the Central Corridor TOD zoning study
subject to the exception for building heights at the corners of block faces.
Montgomery stated she amended the original ordinance as the height on the corners
should not be higher than four stories.
Montgomery moved approval.
Adopted Yeas – 7 Nays – 0
Council President Lantry stated that Marcia Moermond would like to refer 343 Maple Street back
to a Legislative Hearing. Moermond added that the Council has already granted 120 days to
rehabilitate the property. No permits have been pulled, a report needs to be received from the
HPC (Heritage Preservation Commission), and a permit needs to be issued to fix the roof, which
they cannot do with the Council’s permission.
Councilmember Thune moved to adjourn the meeting Yeas – 7 Nays – 0
ATTEST: ADJOURNED at 7:31 P.M.
_____________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ____February 6, 2007 __________
Racquel Naylor Minutes approved by Council