Minutes 12-19-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, December 19, 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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Webcast.
The meeting was called to order at 3:30 p.m. by Council President Lantry.
Present – 7 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 0
CONSENT AGENDA (Items 1 - 30)
Council President Lantry removed item 15 for discussion.
Council President Lantry withdrew items 26 and 27.
Councilmember Thune moved approval of the consent agenda as amended
Adopted as amended Yeas – 7 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 Dawit G. Gebrmichel, Nathan G. Hopeman, Manuel M. Martinez, Jane H.
Moeckel, Tyler Lambert-Perkins, and Anthony Thao.
Referred to Risk Management
2. Summons and Complaint in the matter of Lorenzo M. Lopez 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 January 2, 2008 to consider the petition of Told
Development to vacate alley rights in the Lexington, Randolph, and Juno Avenue block
in order to consolidate property for redevelopment.
December 19, 2007 City Council Summary Minutes Page 2
4. Letter from the Department of Safety and Inspections/Code Enforcement declaring 595
Sims Avenue as nuisance property. (For notification purposes only; a public hearing will
be scheduled at a later date if necessary.)
5. Administrative Order:
D002689 Approving expenditure of funds, not to exceed $1,500.00, to Saint Thomas
University, 2115 Summit Avenue, for expenses for the Saint Paul Police
Department Academy Graduation on December 20, 2007.
On file with the City Clerk
FOR ACTION
6. Approval of minutes of October 24 and November 7, 2007.
Adopted Yeas – 7 Nays – 0
7. Resolution – 07-1162 – Approving the January 1, 2008 through December 31, 2010
Collective Bargaining Agreement between the City of Saint Paul and AFSCME – Legal,
Local 3757. (Laid over from December 12 for adoption)
Adopted Yeas – 7 Nays – 0
8. Resolution – 07-1196 – Memorializing City Council action taken December 5, 2007
granting 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]
Adopted Yeas – 7 Nays – 0
9. Resolution – 07-1197 – Memorializing City Council action taken December 5, 2007,
approving 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]
Adopted Yeas – 7 Nays – 0
10. Resolution – 07-1198 – Accepting a grant in the amount of $8,000.00 from the Saint Paul
Foundation/Lowertown Future fund for the Indoor Farmers Market building sign.
Adopted Yeas – 7 Nays – 0
11. Resolution – 07-1199 – Authorizing the Division of Parks and Recreation to increase the
2007 revenue and spending budgets to reflect grant proceeds received in the amount of
$25,000.00 from the State of Minnesota, Department of Education, for the City’s After
School Enrichment Program.
Adopted Yeas – 7 Nays – 0
December 19, 2007 City Council Summary Minutes Page 3
12. Resolution – 07-1200 – Authorizing a spending and financing plan in the Division of
Parks and Recreation for additional budgets in Funds 370, 380, and 391.
Adopted Yeas – 7 Nays – 0
13. Resolution – 07-1201 – Authorizing the Division of Parks and Recreation to participate in
2008 events at Como Park Zoo and Conservatory sponsored by Lancer Hospitality and
Como Zoo and Conservatory Society.
Adopted Yeas – 7 Nays – 0
14. Resolution – 07-1202– Establishing additional spending and financing in the Department
of Financial Services to reflect the issuance of the Sales Tax Revenue Bonds, Series 2007
A and B.
Adopted Yeas – 7 Nays – 0
15. Resolution – 07-1203 – Approving the 2007 year-end budget adjustment.
(Discussed after the consent agenda)
16. Resolution – 07-1204 - Establishing a 2007 financing and spending plan for police
services provided at the 2007 Taste of Minnesota.
Adopted Yeas – 7 Nays – 0
17. Resolution – 07-1205 – Authorizing the Police Department to enter into a Joint Powers
Agreement with the United States Marshal Service for participation in the East Metro
Fugitive Task Force.
Adopted Yeas – 7 Nays – 0
18. Resolution – 07-1206 – Authorizing the Police Department to accept a donation from
Target in the amount of $300,000 to be used to purchase, install, maintain, and promote
camera surveillance along the Central Corridor.
Adopted Yeas – 7 Nays – 0
19. Resolution – 07-1207 – Authorizing the Police Department to enter into an agreement
with the United State Department of Justice, Organized Crime Drug Enforcement Task
Force.
Adopted Yeas – 7 Nays – 0
20. Resolution – 07-1208 – Authorizing the Police Department to enter into an agreement
with the Minnesota Department of Public Safety for a Night Cap Grant from October 1,
2007 through December 31, 2007.
Adopted Yeas – 7 Nays – 0
December 19, 2007 City Council Summary Minutes Page 4
21. Resolution – 07-1209 – Authorizing the Police Department to accept a grant from the
State of Minnesota to be used to make squad car camera technology upgrades or
acquisitions.
Adopted Yeas – 7 Nays – 0
22. Resolution – 07-1210 – Authorizing the Police Department to enter into an agreement
with Camp Ripley for the use of the United States Army’s advanced training facility at
Camp Ripley, Fort Ripley, Minnesota from December 2, 2007 through December 7, 2007
for the Saint Paul Police Academy Class 2007-2 training.
Adopted Yeas – 7 Nays – 0
23. Resolution – 07-1211 – Establishing a 2007 financing and spending plan in the Police
Department for a surplus over the original budget revenue for the Minnesota Agricultural
Society (State Fair).
Adopted Yeas – 7 Nays – 0
24. Resolution – 07-1212 – Authorizing the release of a utility easement on the property at
455 Phalen Boulevard.
Adopted Yeas – 7 Nays – 0
25. Resolution – 07-1213 – Amending the financing and spending plan of the Lighting
Maintenance Assessment Districts Fund for 2007.
Adopted Yeas – 7 Nays – 0
26. Resolution – 07-1214 – Amending the financing and spending plan of the Right-of-Way
Maintenance fund for 2007.
Withdrawn
27. Resolution – 07-1215 – Amending the 2007 budget for Right-of-Way activities.
Withdrawn
28. Resolution – 07-1216 – Amending the spending and financing plans of the 2007 Sewer
Rehabilitation and 2007 Major Sewer Repair projects by transferring previous year
balances.
Adopted Yeas – 7 Nays – 0
29. Resolution – 07-1217 – Amending the spending and financing plans of the 2007 Railroad
Crossing Safety Improvement Program by transferring previous year balances.
Adopted Yeas – 7 Nays – 0
December 19, 2007 City Council Summary Minutes Page 5
30. Preliminary Order – 07-1218- In the matter of improving Selby Avenue from Kent Street
to Arundel Street by constructing a new bituminous surfaced street with concrete curb
and gutter, pedestrian ramps, concrete driveway aprons and outwalks, boulevards
landscaped with sod and trees, and a new above standard twin-arm lantern-style street
lighting system, and In the Matter of the operation costs for the above standard street
lighting system for 2008 for the above project, and setting date of public hearing for
February 6, 2008. [File No. 19050]
Adopted Yeas – 7 Nays – 0
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15. Resolution – 07-1203 – Approving the 2007 year-end budget adjustment.
Council President Lantry introduced a substitute resolution. Matt Smith, Director,
Department of Financial Services, explained the changes.
Councilmember Benanav moved approval.
Substitute resolution adopted Yeas – 7 Nays – 0
FOR DISCUSSION
31. Resolution – 07-1132 – Honoring Michael F. Driscoll for his 35 years of dedicated public
service to the City of Saint Paul.
Councilmember Benanav read the resolution and presented Mr. Driscoll with the
resolution plaque. Mr. Driscoll responded with words of thanks and appreciation for
being able to serve the City of St. Paul.
Councilmember Benanav moved approval.
Adopted Yeas – 7 Nays – 0
Suspension Items:
Resolution – 07-1219 – Recognizing Larry Lueth on his retirement after 38 years of
service to the City of Saint Paul.
Council President Lantry read the resolution and presented Mr. Lueth with the resolution
plaque. Mr. Lueth expressed words of thanks and appreciation for the opportunity to
serve the City of St. Paul.
Councilmember Bostrom moved suspension of the rules to introduce the resolution:
Yeas – 7 Nays – 0
December 19, 2007 City Council Summary Minutes Page 6
Councilmember Bostrom moved approval. Yeas – 7 Nays – 0
Resolution – 07-1229 – Recognizing John Saumweber on his retirement after more than
35 years of service to the City of Saint Paul.
Council President Lantry read the resolution and presented Mr. Saumweber with the
resolution plaque. John expressed his appreciation for the people he worked with and
being able to serve the City of St. Paul.
Councilmember Benanav moved suspension of the rules to introduce the resolution.
Yeas – 7 Nays – 0
Councilmember Benanav moved approval. Yeas – 7 Nays – 0
Resolution – 07-1230 – Recognizing Gary Peltier on his retirement after 38 years of
service to the City of Saint Paul.
Council President Lantry read the resolution and presented Mr. Peltier with the resolution
plaque. Gary expressed words of thanks and appreciation for being able to serve the City
of St. Paul.
Councilmember Harris moved suspension of the rules and approval.
Yeas – 7 Nays – 0
Resolution – 07-1231 – Recognizing Tim Nelson, departing City Hall reporter for the
Pioneer Press, for his many years of service.
Council President Lantry read the resolution and presented Tim Nelson with the
resolution plaque. Mr. Nelson talked about his time as a reporter at City Hall and thanked
the Council for everything they did for him during his tenure.
Lantry moved suspension of the rules to introduce the resolution. Yeas – 7 Nays – 0
Lantry moved approval of the resolution.
Adopted Yeas – 4 Nays – 2 (Montgomery, Thune)
Abstention – 1 (Bostrom)
Sara Kidwell, Lexington-Hamline Community Council, District 13, read a resolution
recognizing Renee Tyler, Ward 1 Legislative Aide, and presented her with a plaque.
Council President Lantry also presented a resolution plaque acknowledging Ms. Tyler’s
dedication to the City.
Renee extended thanks to Ward 1 constituents as well as the district councils for insuring
that Ward 1 was always aware of what was going on in the various districts. She further
December 19, 2007 City Council Summary Minutes Page 7
extended her appreciation to the Council Members and city staff.
Bob Kessler, Director of the Department of Safety and Inspections, read a resolution for
Councilmember Montgomery, presented her with a resolution and a “Home Depot
mockup” gift and thanked her for her service to the City. Montgomery expressed her
gratitude and also noted that she worked for the City for 40 years in various capacities.
Sara Kidwell, Lexington-Hamline Community Council, District 13, read a resolution and
presented it to Montgomery. Councilmember Montgomery responded with words of
gratitude.
Theresa Heiland, District 13 Community Council, read a resolution and presented it to
Jane Prince, Ward 4 Legislative Aide.
Council President Lantry presented a plaque to Jane Prince. Ms. Prince responded with
words of gratitude.
Bob Kessler, Director of the Department of Safety and Inspections, read a resolution for
Councilmember Benanav, presented him with “Jayville” – “a historic dated village of
vinyl and aluminum siding buildings.”
Scott Banas, District Council 13, read a resolution and presented it to Benanav.
Councilmember Benanav thanked his colleagues, staff and family for the opportunity he
had to work with them and for the opportunity to serve the citizens of St. Paul and
working with
Council President Lantry moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-1240 – Amending the Right of Way Maintenance Fund 2007 budget to
provide for up to $3,232,915 in appropriation from fund balance financing.
Bruce Beese, Director, Department of Public Works, stated this is a resolution that
amends the right-of-way maintenance budget in Public Works for 2007 by requesting that
the Council add $3.2 million to the spending program of the right-of-way maintenance
fund. The requested spending authority is proposed to be financed by fund balance or
reserves in that fund. Beese said when the department was going through their budget
deliberations for 2008, they had indications that they would have some trouble with the
budget in this fund and he did not fully recognize or appreciate the magnitude of the
issues. He talked about the items involved that were discussed in a letter to the Mayor
and City Council. Beese noted that the winter maintenance program is fairly reactive;
street services need to be provided but they can look at the summer program to see what
December 19, 2007 City Council Summary Minutes Page 8
can and cannot be done to make their budget work for 2008.
Council President Lantry stated that because this budget amendment in 2007 will have a
great impact on the work program for 2008, there is a lot of work that will need to be
done. Lantry said options need to be brought forward and suggestions on how Public
Works will deal with this problem and how it can be prevented in the future.
Councilmember Harris said this was a serious and unacceptable problem and something
that requires immediate action. Harris questioned the financing. Lantry responded that
there were issues with items 26 and 27 on the agenda (which were withdrawn) in that they
didn’t address the big problem. Margaret Egan, City Council Chief Financial Analyst,
worked with Finance to put together a resolution that takes care of the needed budget
amendment as well as addressing the problem going forward. This resolution calls for
further follow-up and a clear timeline.
Matt Smith, Director of Financial Services, also addressed the issue and said there is no
alternative funding source in 2007 and they have to do what is necessary in an accounting
sense to insure that the Council and Administration maintain the budgetary control. The
bulk of the resolution is a commitment to recognize that there is a problem and to come
back to the Council and Administration quickly in 2008 with ideas as to how this fund
will be managed within budget in 2008 because there is not additional financing in 2008.
Further discussion ensued.
Council President Lantry moved approval.
Adopted Yeas – 7 Nays – 0
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] (Public hearing held and laid over from
December 5)
Councilmember Harris moved to lay over one week.
Laid over to December 26 Yeas – 7 Nays – 0
33. Resolution – 07-1192 – Designating Proposed Changes in Policies and Reporting, and
other Council issues, from the 2008 Dollar List. (Laid over from December 12)
Councilmember Helgen said this is a summary of the issues that were identified by
Council during the budget committee process.
December 19, 2007 City Council Summary Minutes Page 9
Councilmember Helgen moved approval.
Adopted Yeas – 7 Nays – 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
34. Second Reading – 07-1193 – An ordinance amending Chapter 409.21 of the Saint Paul
Legislative Code to allow sales of gambling equipment within a leased premise by an
employee of the lessor from a common area where food and beverages are sold.
Laid over to January 2 for third reading/public hearing
35. Second Reading – 07-1195 – An ordinance amending Section 409.15 of the Saint Paul
Legislative Code by deleting on-sale wine license fee amounts and referring to Chapter
310.
Laid over to January 2 for third reading/public hearing
The meeting was recessed from 4:45 p.m. to 5:30 p.m.
Roll Call: Present – 6 Absent – 1 (Montgomery – arrived later in the meeting)
PUBLIC HEARINGS
36. Third Reading – 07-1026 – An ordinance amending Chapter 64 of the Saint Paul
Legislative Code to ban new roof signs. (Laid over from November 7 for third reading)
No one appeared in opposition; Councilmember Benanav moved to close the public
hearing. Yeas – 6 Nays – 0 (Montgomery not present)
Laid over to December 26 for final adoption
37. Third 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. (Laid over from November 7 for third
reading)
Councilmember Benanav moved to introduce a substitute ordinance.
Yeas – 6 Nays – 0 (Montgomery not present)
Appearing in opposition was Jeanne Weigum, 1647 Laurel Avenue. She said that at one
time the City Council prohibited rooftop signs on buildings that were taller than 37 feet.
Later on, the Council decided they did not want billboards that were on rooftops. What
December 19, 2007 City Council Summary Minutes Page 10
remains are rooftop signs on small buildings. She showed three pictures to clarify what
the issues are. Minneapolis and most of the suburban communities prohibit rooftop signs
on smaller buildings which she feels would be a better alternative for St. Paul. She said
she would support the first ordinance.
Councilmember Benanav moved to close the public hearing. Yeas – 6 Nays – 0
Substitute ordinance laid over to December 26 for final adoption
(Montgomery arrived)
(Councilmember Bostrom left the meeting at this time)
38. Third 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.” (Substitute resolution introduced on
December 12)
Bill Stephenson, Department of Safety and Inspections/Animal Control, said Animal
Control first became aware of sugar gliders about 18 months ago when they were being
sold at a trade show at RiverCenter. He and another DSI staff person went to RiverCenter
to investigate. There was a zoning issue, licensing issues, prohibition issues – whether
they are allowed or not – and that’s what brought them to taking a look at sugar gliders.
Since the sugar glider is indigenous to Australia, DSI contacted the Australian
Department of Environmental and Water Resources for information. Sugar gliders are
active animals at night, not easily domesticated, have special dietary needs and do not
make good pets. The experience in Australia has been that people often keep them less
than a year. The Australian government considers them a wild animal and prohibits their
sale or keeping them as a pet. He talked about the cities that have banned the sale of
sugar glider. The potential for neglect and improper care would pose harm to the
animals. Also, since they are not indigenous to the Unites States, staff had to consider the
lack of certainty with respect to the medical care required as well as potential health risks
with their interaction with the human population.
Councilmember Thune said he thought the reason for a ban was if an animal is dangerous
to humans and he has not seeing anything to that effect.
Stephenson said not only did they consider the danger to humans, but also the safety of
the animals.
Councilmember Benanav said not ever animal should be a pet.
Harris said he does not feel people should have to give up their pets if the ordinance does
December 19, 2007 City Council Summary Minutes Page 11
pass. Thune asked if people who currently have them could register the pet and keep
them. Mr. Stephenson responded that he felt they would have to ask the people to
remove the pet. As the ordinance reads now, he feels there would have to be a permit
process for people to be grandfathered in.
Larry Zangs, Department of Safety and Inspections, said they are attempting to make a
policy statement that they think this animal is better left in the wild and the sale of them
should not be allowed. He said he feels the ordinance is reasonable.
Appearing in opposition to the ordinance were the following:
Janessa Hovde, 3320 25th Avenue South, #3, Minneapolis, presented a petition in addition
to the one she presented two weeks prior. She said there are six states in Australia one of
which she was sure allowed people to own sugar gliders with a fauna permit at a cost of
approximately $52 per year. Sugar gliders are wild in Australia and they are a protected
species and are not exported but still have been in the United States for 15-20 years.
They are captive breed and will not survive outside. She said she is not against banning
sales at expos, conventions, etc., but she is against banning ownership. They deeply bond
with their owner and it would not be good to take them away. Any animal can get rabies
but there has never been a case of rabies in gliders. According to the Center for Disease
Control, Australia is rabies free.
Krissa McKenzie, 4831 Helena Lane, #2, Oakdale, said that no animal should be sold at a
convention or trade show. She spoke with the Animal Humane Society which includes
St. Paul, Woodbury, Golden Valley, Buffalo, and one other site and out of 35,000 animals
taken in over the course of a year, only three were sugar gliders. She contacted a
veterinarian who is very knowledgeable of gliders and he cited a number of vets
throughout the Twin Cities who will see gliders.
Brenda Haugen, 2463 Woodcrest Drive, Chaska, said sugar gliders are not vicious and
they are not expendable; it would be difficult to give them up.
Benanav expressed concern about potential owners who don’t know enough about them
and would not be good owners. He said they want to protect the animals from
irresponsible owners. Ms. Hvode and Ms McKenzie responded that they too want to see
that there are responsible owners. Ms. Haugen asked if the Council bans Gliders, where
will it end. Helgen responded that all exotic animals are currently banned
Appearing in support of the ordinance was Mike Fry, 809 E. 7th Street, St. Paul,
Executive Director of Animal Ark, and previously the Clinic Coordinator at the Wildlife
Rehabilitation Center at the University of Minnesota, and the Rehabilitation Manager at a
Wildlife Center in Seattle, WA. He presented extensive information on sugar gliders.
December 19, 2007 City Council Summary Minutes Page 12
One of the primary groups in the United States that is working with sugar glider rescue
and education is a group called Glider University. They address the difference between a
domesticated animal and an exotic animal in an article “Wild Forever – Why Sugar
Gliders Will Never be Domesticated Pets.” He talked about the difference between these
two types of pets saying that the issue of how an animal becomes domesticated is a
specific process requiring about 20,000 years of evolution. This is a wild exotic animal
and it is not domesticated. There has been a long history of animals being sold under
false pretenses. Sugar Gliders were brought to the United States through illegal
smuggling. They find that the majority of people do keep them for their lifetime but
others will tire of them and turn them loose.
He said a chain of diseases could be opened from exotic animals. The long term
implications are important and unknown and he does not feel people benefit from the sale
of exotic animals.
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
(Bostrom not present)
Laid over to December 26 for final adoption
39. Third Reading – 07-1148 – An ordinance amending Chapter 65.774 of the Saint Paul
Legislative Code, Malt Liquor Manufacturing, by permitting the use in the B2
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 66.421adding malt
liquor manufacturing as a permitted use in Table 66.421.
No one appeared in opposition; Councilmember Thune moved to continue the public
hearing to January 2.
Public hearing continued to January 2, 2008 Yeas – 6 Nays – 0
40. Resolution – 07-1219 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 December 5)
Councilmember Thune moved to introduced a substitute resolution.
Yeas – 6 Nays – 0
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval,
Substitute resolution adopted Yeas – 6 Nays – 0
December 19, 2007 City Council Summary Minutes Page 13
41. Resolution – 07-1220 – Approving adverse action against all licenses held by ALIS, Inc.
d/b/a ALIS, Inc., 43 Seventh Street West.
Resolution was withdrawn as the fine was paid.
42. Public hearing to consider the appeal of David Roering, owner, to a decision of the
Heritage Preservation Commission conditionally approving construction of a four-stall
garage, provided two front yard curb cuts and driveways be removed, at 615-617 Holly
Avenue, Hill Historic District. [File No. 08-014]
Amy Spong, staff person to the Historic Preservation Commission (HPC), presented a
staff report. Mr. Roering appealed a condition that was placed as part of an HPC
decision. The appellant is converting this building from a duplex to a four-plex which
requires six parking spaces. There is currently a two-stall garage with a curb cut and two
curb cut drives. What was approved conditionally by the HPC was to tear down the two-
stall garage and construct a four-stall garage and have two off-street parking spaces that
would be screened by landscaping and fencing. The appellant is asking to keep the two
front yard curb cut drive areas, the parking pad for two cars, and a four-stall garage.
Ms. Spong noted that the approval for the garage was before the HPC for a public hearing
on November 15, 2007. Referring to the grounds for the appeal, Ms. Spong noted that
under Item d in the letter, they’ve got the zoning code permits for front and side yard
parking and that is not true. The front yard parking spaces were allowed from a zoning
perspective to be maintained in this instance because they’re an existing condition.
Brian Alton, representing David Roering, appeared. He said one condition is not
acceptable and they do not believe the section of the Code that Ms. Spong quoted applies
in this situation because they are not talking about new construction as the driveways
have been there for many years. They are paved and the pavement is clearly old but the
curb cuts are new. He asked that the Council approve the demolition and construction of
a new garage without the condition that the driveway and curb cuts on Holly be removed.
Councilmember Montgomery moved to close the public hearing.
Yeas – 6 Nays – 0
Montgomery read a statement saying she felt the HPC was correct in approving the plans
for the garage and placing conditions, but she felt they erred in requiring that the curb cuts
on Holly be removed. The condition does not protect the architectural or historic
character of the property. The curb cuts on Holly have been in place for many years and
the condition causes an unnecessary burden on the property owner who is doing a great
job completely remodeling the property. Therefore, the application to demolish the
garage and build one should be approved with conditions but the first Number 4 in the
December 19, 2007 City Council Summary Minutes Page 14
staff recommendation should be deleted -- the condition that the driveways and curb cuts
on Holly be removed.
Motion of Intent – Appeal Approved Yeas – 6 Nays – 0
43. 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. (Public
hearing continued from December 12) (Legislative Hearing Officer's recommendation is
forthcoming)
Marcia Moermond, Legislative Hearing Officer, presented an amended resolution and
explained that it indicates there were additional Legislative Hearings to consider the
rehabilitation plans brought forward by the new owner as well as reflecting the work plan
in some detail. The intent of the amendments are to provide for updates to her through
the hearing process and to the Council if there is a failure to meet the conditions. At the
one month juncture, Ms. Moermond said she was looking for a report to make sure they
are at the one month mark on their work plan and similarly at the two month juncture. If
they fail to meet one of those deadlines, the matter would come back to the Council.
Ms. Moermond recommended that the Council grant 120 days for the rehabilitation of the
structure.
Councilmember Montgomery moved to introduce a substitute resolution
Yeas – 6 Nays - 0
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval.
Substitute adopted Yeas – 6 Nays – 0
44. Resolution – 07-1221– Ordering the owner to remove the building(s) at 705 Bidwell
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, said this was a no-show Legislative
Hearing and none of the conditions required have been met; therefore, she recommended
approval.
No one appeared in opposition; Councilmember Thune move to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
December 19, 2007 City Council Summary Minutes Page 15
45. Resolution – 07-1222 – Ordering the owner to remove the building(s) at 674 Blair
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated this was a no-show Legislative
Hearing. None of the conditions have been met and she recommended approval.
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
46. Resolution – 07-1223 – Ordering the owner to remove the building(s) at 858 Burr Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated this was a no-show Legislative
Hearing. This is a duplex which has been vacant since November of 2006. The City has
boarded the building and the City has issued five summary abatement orders, three of
which have gone to work order. The vacant building registration fees are due and owning
in the amount of $625.00, the code compliance inspection has not been conducted, and
the $5,000 performance deposit has not been posted. There is no work plan
demonstrating the capacity of the current owner to rehabilitate the structure, and no
financial plan to demonstrate the wherewithal to begin and complete the rehabilitation of
the structure. Code Enforcement estimates the cost of removal of the building to be
between $11,700 and $15,700. Her recommendation was to approve the resolution to
remove the building within 15 days with no option for rehabilitation. .
Doug Turner, Attorney for MERS/Cit Group, asked for 30 days to take the proper steps to
start the process of getting the property into compliance. The lending institution wants
the opportunity to proceed and he feels it would benefit the neighborhood and the City to
give them the opportunity to start the process. He said the lending institution understands
the seriousness of the situation and that the property is an eyesore in the neighborhood but
they would like to get it up to code and have it sold.
Councilmember Helgen moved to close the public hearing and amend the resolution to
remove the property within five days.
Adopted as amended (remove within five (5) days)
Yeas – 6 Nays – 0
Council requested that Ms. Moermond have a follow-up report provided by the
December 19, 2007 City Council Summary Minutes Page 16
Department of Safety and Inspections when the demolition takes place.
47. Resolution – 07-1224 – Ordering the owner to remove or repair the building(s) at 729
Curfew Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended granting 180 days for the
rehabilitation of this property as all the conditions have been met.
No one appeared in opposition; Councilmember Benanav moved to close the public
hearing and approval as amended.
Adopted as amended (180 days granted to remove or repair, per the recommendation of
the Legislative Hearing Officer)
Yeas – 6 Nays – 0
48. Resolution – 07-1225 – Ordering the owner to remove the building(s) at 543 Edmund
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated this was a no-show Legislative
Hearing and she recommended removal of the building.
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and amend the resolution to removed within five days.
Adopted as amended (Remove with five (5) days)
Adopted Yeas – 6 Nays – 0
49. Resolution – 07-1226 – Ordering the owner to remove or repair the building(s) at 447 Fry
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the February 12 Legislative Hearing and February 20 City
Council public hearing)
No one appeared in opposition; Councilmember Benanav moved to continue the public
hearing to February 20.
Laid over to February 20 for continuation of the public hearing
Yeas – 6 Nays – 0
50. Resolution – 07-1227 – Ordering the owner to remove or repair the building(s) at 449 Fry
Street within ninety (90) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
December 19, 2007 City Council Summary Minutes Page 17
Marcia Moermond, Legislative Hearing Officer, noted that the previous property, 447
Fry, and this property are located on the same parcel. The rehabilitation of 447 Fry is
going to be undertaken second. Rehabilitation is almost completed at 449 Fry but she
recommended granting 90 days. All of the conditions have been met. Ms. Moermond
further recommended that Council continue the bond that’s been posted for 449 and use it
for 447 as well. Everything seems to be in order and they are only waiting for additional
plans to develop on the 447 building.
No one appeared in opposition; Councilmember Benanav moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
51. Resolution – 07-1228 – Ordering the owner to remove or repair the building(s) at 1587
Huron Street within one hundred-eighty (180) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated that all of the conditions have
been met and she recommended approval of the resolution.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
Councilmember Thune moved to adjourn the meeting. Yeas – 6 Nays - 0
ADJOURNED at 7:55 P.M.
ATTEST:
_____________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___February 6, 2008___________
Mary Erickson Minutes approved by Council
December 19, 2007 City Council Summary Minutes Page 18