Minutes 2-20-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, February 20, 2008 - 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.stpaul.gov/council and click on Watch the Live
Webcast.
The meeting was called to order at 3:30 p.m by Council President Lantry.
Present – 6 – Bostrom, Carter, Harris, Helgen, Lantry, Stark
Absent – 1 – Thune (arrived after Consent Agenda)
CONSENT AGENDA (Items 1 - 17)
Councilmember Harris moved approval of the Consent Agenda.
Adopted 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 Garden of Eva, Theodore N. Benson, Bernard P. Friel, Kevin D. Meyer,
Timothy A. Moeckel Sr., James J. Pauly, and Bob W. Whitehead.
2. Letter from the Office of the City Attorney announcing a hearing before an
Administrative Law Judge on February 29, 2008 at 9:30 a.m. in City Hall/Courthouse, 15
Kellogg Boulevard West, Room 41, to consider all licenses held by Health Skills LLC St.
Paul, d/b/a Anytime Fitness, 2501 Seventh Street West.
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on March 5, 2008 to consider the
application of the University of St. Thomas, Doug Hennes, to rezone property at 2076
Grand Avenue, between Cleveland Avenue and Finn Street, from B2 (Community
Business) to RM2 (Medium-Density Multiple-Family Residential). [ZF 07-224-335]
February 20, 2008 City Council Summary Minutes Page 2
4. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on March 5, 2008 to consider the petition of River Rum
Properties, LLC to vacate street rights in part of unimproved Mechanic Avenue, east of
Barclay Street, in order to consolidate property for redevelopment. (File No. 1-2008)
5. Letters from the Department of Safety and Inspections/Code Enforcement declaring 773
Butternut Avenue, 129 Como Avenue, 780 Jackson Street, 1849 Nevada Avenue East,
and 1029 Margaret Street as nuisance properties. (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
FOR ACTION
6. Resolution – 08-129 – Approving the January 1, 2008 through December 31, 2010 Labor
Agreement between the City of Saint Paul and District Lodge 77, International
Association of Machinists and Aerospace Workers, AFL-CIO. (Laid over from February
13 for adoption)
Adopted Yeas – 6 Nays – 0
7. Resolution – 08-141 – Approving the appointment of Steve Boland, by Mayor Coleman,
to the Civil Service Commission.
Adopted Yeas – 6 Nays – 0
8. Resolution – 08-142 – Approving payment in the amount of $11,000.00 to Tony D.
Moore and his attorney, Douglas B. Fink, in full settlement of their claim against the City
of Saint Paul.
Adopted Yeas – 6 Nays – 0
9. Resolution – 08-143 – Authorizing the Department of Fire and Safety Services to accept a
donation in the amount of $150.00 from RMG Inc.
Adopted Yeas – 6 Nays – 0
10. Resolution – 08-144 – Authorizing the Police Department to enter into an agreement with
the State of Minnesota for participants of the Second Judicial District DWI Court
program from October 1, 2007 through September 30, 2009.
Adopted Yeas – 6 Nays – 0
11. Resolution – 08-145 – Approving adverse action against the Taxicab Driver (Provisional)
license application submitted by William McDonald for the City of Saint Paul.
Adopted Yeas – 6 Nays – 0
February 20, 2008 City Council Summary Minutes Page 3
12. Resolution – 08-146 – Authorizing the proper City officials to enter into an agreement
with MNDOT which provides payment to MNDOT for the City’s share of the cost to
reconstruct the northbound exit ramp from T.H. 35E to Ayd Mill Road.
Adopted Yeas – 6 Nays - 0
13. Resolution – 08-147 – Amending C.F. 08-63 by deleting the assessment for graffiti
removal at 1016 Ashland Avenue.
Adopted Yeas – 6 Nays – 0
14. Resolution – 08-148 – Amending C.F. 08-63 by deleting the assessment for graffiti
removal at 221 Page Street East.
Adopted Yeas – 6 Nays – 0
15. Resolution – 08-149 – Amending C.F. 08-63 by deleting the assessment for graffiti
removal at 975 Geranium Avenue East.
Adopted Yeas – 6 Nays – 0
16. Resolution – 08-150 – Memorializing City Council action taken February 6, 2008
granting the appeal for property at 872 Galtier Street and allowing the owner to be on the
property from 8 a.m. to 10 p.m. beginning January 22 to February 8, 2008, per the
recommendation of the Legislative Hearing Officer.
Adopted Yeas – 6 Nays – 0
17. Resolution – 08-151 – Memorializing City Council action taken February 6, 2008
denying the appeal for property at 98 Garfield Street and granting an extension to March
14, 2008 to complete the repairs, on condition that the first floor bathroom not be used
until repaired, per the recommendation of the Legislative Hearing Officer.
Adopted Yeas – 6 Nays – 0
FOR DISCUSSION
(Thune arrived)
18. Resolution – 07-646 – Ordering the owner to remove or repair the building(s) at 851
Conway Street within fifteen (15) days from adoption of resolution. [Public hearing held
July 18; laid over August 1, September 5, November 7, and January 2; referred back to
January 22 Legislative Hearing and February 6 Public Hearing; laid over February 6]
(Legislative Hearing Officer's recommendation is forthcoming)
Legislative Hearing Officer Marcia Moermond recommended the Council grant 180 days
for rehabilitation of this structure as all the conditions have been met.
February 20, 2008 City Council Summary Minutes Page 4
Council President Lantry moved to grant 180 days for rehabilitation.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
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. PUBLIC HEARINGS ON
ORDINANCES ARE HELD AT THE THIRD READING.
19. Third Reading – 08-109 – An ordinance memorializing City Council action granting the
appeal of the Saint Paul Housing and Redevelopment Authority to rezone property at 615
and 621 Case Avenue (between Payne Avenue and Edgerton Street) from RT2
(Townhouse Residential) to B2 (Community Business). [ZF 07-123-065] (Public hearing
held October 3, 2007)
Laid over to February 27 for final adoption
20. Third Reading – 08-110 - An ordinance memorializing City Council action taken January
9, 2008 granting the application of Randolph Hill, LLC to rezone property at 1094
Randolph Avenue (block bounded by Randolph, Lexington, Juno, and I-35E) from RM2
Medium-Density Multiple-Family Residential and R2 One-Family Residential to TN2
Traditional Neighborhood. [Zoning File 07-179-230] (Public hearing held January 2,
2008)
Laid over to February 27 for final adoption
21. First Reading – 08-152 – An ordinance placing the position titled Senior Prosecutor in the
unclassified service pursuant to Section 12.03.2(H) of the Saint Paul City Charter.
Laid over to February 27 for second reading
22. First Reading – 08-153 – An ordinance amending Chapter 140 of the Saint Paul
Legislative Code to establish uniform skyway hours.
Laid over to February 27 for second reading
At this time, Amber Bickerman, student at Johnson High School, presented a report regarding
proposed legislation on the housing crisis.
February 20, 2008 City Council Summary Minutes Page 5
Suspension Items:
Councilmember Carter moved suspension of the rules to introduce the following Resolution:
Yeas – 7 Nays – 0
Resolution – 08-172 – The City Council agrees to serve as the fiscal agent to the
Minnesota Transportation Museum on a grant from the Minnesota Historical Society.
Carter stated that the City has been selected to receive the funds and have to have a fiscal
agent on board to sign by the end of the week. Margaret Egan (Senior Budget Analyst)
has agreed to this.
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Thune moved suspension of the rules to introduce the following item:
Yeas – 7 Nays – 0
Resolution - 08-173 – Waiving the 45 day notice requirements for Legendary Brewing
LTD, d/b/a Vine Park Brewing Company, 1254 Seventh Street.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Stark moved suspension of the rules to introduce the following item:
Yeas – 7 Nays – 0
Resolution - 08-174 – Accepting the Stipulation of Settlement as a full and final
settlement of Council File No. 07-118 (order to remove 1897 Feronia Avenue).
Councilmember Helgen moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Helgen moved suspension of the rules to introduce the following item:
Yeas – 7 Nays – 0
Resolution 08-175 – Requesting that the Federal Government fund a list of major projects
for the City of Saint Paul.
Councilmember Helgen moved approval.
Adopted Yeas – 7 Nays – 0
February 20, 2008 City Council Summary Minutes Page 6
Councilmember Helgen moved suspension of the rules to introduce the following item:
Yeas – 7 Nays – 0
Resolution - 08-176 - Authorizing the City of Saint Paul to include assessment of
certificate of occupancy fees in its 2008 legislative agenda.
Councilmember Helgen moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Helgen moved suspension of the rules to introduce the following item:
Yeas – 7 Nays – 0
Resolution - 08-177 – Opposing House File 498 and Senate File 446, the “Shoot First”
bill, and urging the Minnesota Legislature to vote against any such changes to our
existing State law.
Helgen said the resolution states that a person has a right to shoot anyone that comes into
their house. He would like the Council to go on record as being opposed to this
legislation.
Councilmember Helgen moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Bostrom moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 08-178 – Expressing gratitude to the memory and legacy of Christine
Anderson for her dedication to the City.
Councilmember Bostrom stated this resolution expresses condolences to the family of
Ms. Anderson. She was the crime prevention coordinator at District 2. Despite her
severe health problems for a long time, she was still at all the community events.
Councilmember Bostrom moved approval
Adopted Yeas – 7 Nays – 0
(The meeting was recessed from 3:51 p.m. to 5:30 p.m.)
Present – 6 – Bostrom, Harris, Helgen, Lantry, Stark, Thune
Absent – 1 – Carter
February 20, 2008 City Council Summary Minutes Page 7
PUBLIC HEARINGS
25. Resolution – 08-99 – Establishing a 2008 financing and spending plan in the Police
Department to purchase 234 Tasers. (Laid over from February 6 for public hearing)
Police Chief John Harrington gave the historical background of Tasers in the police
department dating back to 2004. The equipment has been purchased in allotments as
money has been available to build up to full deployment. Eventually every piece of
equipment the department has is universally issued to each officer.
The police department went through lengthy discussions with the Saint Paul School
District about the use of Tasers. It was a decision of the Saint Paul School Board that
Tasers were a legitimate force option that were appropriate for police officers working in
the school to have.
Harrington introduced Sgt. Joshua Lego, the master Taser instructor, as a resource for
questions. The Chief went on to explain the training that officers go through for Tasers.
The police department would like to acquire authorization to move funds from their drug
seizure funds into a spending authority to purchase 234 Tasers, which would be enough to
outfit the patrol division, Family Violence Unit, Force Unit, and Sexual Predator Unit.
Councilmember Stark asked is there a review process for when a Taser is used. Chief
Harrington explained the process which includes that a report has to be written every time
a Taser is used, and a supervisor has to sign off on the report. Reports are examined and
checks and balances are used by the department to study the usage of Tasers.
Councilmember Carter asked how they define great results and the chief responded with
the reasons for the success they’ve had. Carter went on to ask more questions about
training and Sgt. Lego responded with examples. They also exchanged questions and
responses regarding Taser International, the company that manufactures Tasers.
Councilmember Thune mentioned public concern that with the Republican National
Convention coming up Tazers would be used against passive protesters. Harrington
responded with situations where they have been called in to arrest protesters and
explained that they have never used a Taser on a passive resistor and do not see it as a
crowd control weapon.
Council President Lantry asked about officer safety and if it is enhanced by Tasers.
Harrington responded that he does not have numbers on it, but gave examples of uses
where resistance was less with the use or showing of a Taser.
February 20, 2008 City Council Summary Minutes Page 8
Stark asked about the people in Minnesota who have died after being Tasered and about
concerns of the local ACLU. Harrington responded with his knowledge of the Taser
situations. He went on to say that his office is responding to a data request from the
ACLU that the department welcomes input about the policy.
Carter stated some concerns of ways Tasers have been used and Harrington responded
with ways that complaints can me made and how they are handled. Lego added examples
of situations that are that come into play.
Lantry expressed her confidence in the training for the department and the use of the
Tasers.
Councilmember Helgen questioned the use of the funds for the Tasers and suggested
instead looking into putting the money into a crime prevention neighborhood safety
program, particularly focusing on working with the youth. Harrington pointed out the
amount that the police department is doing for youth outreach and crime prevention. The
seizure money can be used for certain law enforcement purposes, generally equipment
needs. It is an opportunity to pick up a piece of equipment that is needed so that everyone
is working off the same set of tools and skills.
In light of the Republican National Convention (RNC) coming to St. Paul, Thune asked if
our Tasers would be given to any of the other departments coming to work here for the
convention. Harrington responded that the Tasers are only for trained St. Paul officers.
These will not be tools used, given or loaned to officers that will assist with the RNC.
Councilmember Bostrom spoke of the dangers the police face, the officers who were
killed in the line of duty, and the responsibility of the Council to provide officers with the
tools needed to perform their jobs safely.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. During the role call a person approached to speak. A motion to reopen the
public hearing was approved.
The following people spoke in opposition to this item.
Phil Steger, 1162 Thomas Avenue;
Grace Kelly, 1660 Hague Avenue;
Erin Stalnaker, 951 Iglehart Avenue; and
Eric Angel, resident of Saint Paul.
Thune moved to close the public hearing. Yeas – 7 Nays – 0
February 20, 2008 City Council Summary Minutes Page 9
Councilmember Helgen moved approval of his substitute resolution. This would take the
$210,000 and put it into a Council contingency fund and ask the Chief to come back with
a crime prevention plan that would strengthen neighborhoods, improve the department to
partner with community organizations, and encourage them to consider strategies
focusing on keeping youth engaged in constructive activities with positive role models.
Substitute failed Yeas – 3 Nays – 4 (Harris, Thune, Bostrom, Lantry)
Helgen requested that Margaret Egan, City Council Chief Budget Analyst, review this
account and other accounts to see if there is an opportunity for funding additional youth
crime prevention activities.
Carter stated the City has a responsibility to the officers to craft the best policy and
environment for them to succeed at their job. He expressed concerns about the proposal.
Councilmember Bostrom moved approval.
Adopted Yeas – 6 Nays – 1 (Carter)
23. Third Reading – 07-1194 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code, Building Code and Inspection, as it relates to Certificate of Code
Compliance. (Substitute introduced December 26; laid over from January 9)
Councilmember Bostrom stated this ordinance focuses on vacant buildings that have been
abandoned. At last count there were 1,600 in Saint Paul.
A videotape was shown of vacant houses and Bostrom stated that was just three linear
blocks. There are ten vacant houses on a street with 23 homes.
Marcia Moermond, Legislative Hearing Officer distributed information sheets and
summarized what the proposed ordinance does. She stated that there are 1,625 registered
vacant buildings in the City today. Of those, 85% would be affected by this change in
policy. Half of the vacant buildings have been in foreclosure in the last two years. The
standard for rehabilitation would be that which is established by the truth-in-sale of
housing program. This means that a property needs to meet minimum safety standards.
The following people spoke in opposition to this item:
Leslie Lucht, 1090 Cumberland Street;
Patrick Ruble, Government Affairs Director for Saint Paul Area Association of Realtors;
Councilmember Helgen asked Mr. Ruble if his organization looked at other options.
Ruble responded that they have worked with a number of organizations. All houses have
a different set of circumstances. The biggest problem is identifying the ownership of the
property.
February 20, 2008 City Council Summary Minutes Page 10
David Skilbred, Vice President of Government Relations for the Independent Community
Bankers of Minnesota;
Jim Conrad, University Bank, 200 University Avenue West;
Councilmembers Thune asked for solutions and Conrad responded that no one is able to
answer this, but they want to come up with ideas.
Council President Lantry asked Conrad if University Bank holds any papers on foreclosed
homes in the City. Conrad responded they have a few, and they are not from
homeowners. They have a lot of multi-purpose properties. The key is how much time the
homeowner has to bring it up to code. Lantry and Conrad continued with discussion.
Harris suggested sitting down in the future with the bank officials who are here to
continue the discussion.
Bill Baker, Vice President of Commercial Lending at American Bank, 1578 University;
Bonnie Erickson, real estate agent, rehabber, 37 Como Avenue.
The following person spoke in support of this item:
Kerry Antrim, District 6 Planning Council, 213 Front Avenue.
Bostrom moved to close the public hearing.
Public Hearing closed and laid over to February 27 for final adoption.
Yeas – 7 Nays – 0
Bostrom spoke of the hope that people should have to stay in their neighborhood. People
want to be investors or developers and they do not have the money. The Council has a
responsibility to the neighbors that are still there and give them some hope that things
will improve.
24. Third Reading – 08-79 – An ordinance amending Chapter 409 of the Saint Paul
Legislative Code, temporary wine and liquor licenses, to comply with state law.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 7 Nays - 0
Laid over to February 27 for final adoption
26. Resolution – 08-154 – Establish a financing and spending plans in the Department of
Planning and Economic Development for a grant received for the Ames Lake Project.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
February 20, 2008 City Council Summary Minutes Page 11
27. Resolution – 08-155 – Establishing a 2008 financing and spending plan in the Police
Department for the Police Athletic League Program.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
28. Resolution – 08-156 – Establishing a financing and spending budget in the Department of
Fire and Safety Services for the 2006 Urban Area Security Initiatives (UASI) grant.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
29. Resolution – 08-157 – Establishing a financing and spending budget in the Department of
Fire and Safety Services in the amount of $10,250 for the 2007 Citizen Corps Program.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
30. Resolution – 08-158 – Amending the financing and spending plans of the Maryland
Avenue Intersection Improvement and the 2008 MSA Contingency projects by
transferring funding to the 2008 Earl/McLean RSVP project for the reconstruction of Earl
Street from Mounds Boulevard to Pacific Street.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
31. Resolution – 08-159 – Amending the financing and spending plans of the Selby Avenue
Streetscape Phase I, the Phalen Boulevard and Cayuga Signal, the 2007 and 2008 MSA
Contingency, and the 2008 Residential Street Vitality projects.
No one appeared in opposition;Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
February 20, 2008 City Council Summary Minutes Page 12
32. Resolution – 08-160 – Amending the financing and spending plans of the Phalen
Boulevard Phase I project by transferring MSA funding to the Rose at Clarence
Realignment project.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
33. Final Order – 08-114 – 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. [File No. 19050] (Laid over from February 6 for
continuation of public hearing)
The following person spoke in opposition to this item:
Robin Rivard, owner of Fleur De Lis, 516 Selby Avenue.
The following people spoke in support of this item:
Todd Walker, 504 Selby Avenue #3;
Ann Brockman, 504 Selby Avenue #3; and
Carl Nelson, 222 Virginia Avenue.
Councilmember Carter moved to close the public hearing.
Yeas – 7 Nays – 0
Barb Mundahl, Department of Public Works, reported that residents have valid concerns.
There are drainage issues they would like to see alleviated on this project. There are also
concerns that they will lose funding if it is not constructed this year. The whole project
was initiated by the Selby Avenue Business Association. Public Works recommends that
they bid the project this fall and construct first thing in 2009. If the council would direct
that it be constructed this year, the plans are ready to go.
After further discussion, Carter moved approval of the staff recommendation that they bid
the project this fall and commence construction after the close of the RNC (Republican
National Convention).
Adopted as amended Yeas – 7 Nays – 0
34. Public hearing to consider the application of William Edrington to rezone property at 180
George Street West, between Bellows and Waseca Streets, from RT1 (Two-Family
Residential) to RT2 (Townhouse Residential) to legalize a triplex. [ZF 07-179-179]
(Public hearing continued from February 6)
February 20, 2008 City Council Summary Minutes Page 13
Councilmember Thune moved to continue the public hearing for one week.
Public Hearing continued to March 5
Yeas – 6 Nays – 0 (Lantry not present)
35. Public hearing to consider the appeal of Dale Capistrant to a decision of the Planning
Commission granting a conditional use permit for filling and replacing wetland, and
variances of front yard setback and parking at 1384–1412 Mayre Street and 1383-1415
Sylvan Street (between Arlington Avenue West and Cottage Avenue West. [ZF 08-014-
752]
Patricia James, Department of Planning and Economic Development, appeared and stated
there are two applications being appealed. The City has responsibilities under the
Wetlands Conservation Act that requires the City to convene a technical evaluation panel
and that any filling and replacement of wetlands needs to be approved by the Planning
Commission with a special condition use permit.
Ms. James showed a map and explained it. Some of the watershed districts have adopted
their own regulations. Capitol Region Watershed District is one of those districts, and
they also have jurisdiction. The applicant applied for the Capitol Region Watershed
District and this is the plan that was approved. The Planning Commission looked at the
technical evaluation panel conclusions and the watershed district conclusions and decided
to approve the conditional use permit. As part of that, they also needed variances. One
of the requirements is that they should be moved as far west as possible to avoid as much
of the wetland as they could. They applied for a front yard setback variance. Because
they were going to locate the parking underground and they did not have enough space,
they applied for a parking variance. The staff recommended approval of the conditional
use permit and the variance with conditions. The district council recommended approval,
the Zoning Committee recommended approval with conditions, and the Planning
Commission approved the conditional use permit and variances with the recommended
conditions. The appellants have filed an appeal of that decision.
Dale Capistrant, appellant, appeared and stated he is representing two businesses on
Sylvan Street. Six businesses have wells on these properties. He cited concerns
regarding public notice and the criteria used in approving this project. He said the City
Council should require that the process begin again and that the District 6 Planning
Council meetings should be held with proper notice.
Also speaking in opposition were:
Dennis Chisholm, 1386 Park Street; and
Bob Wicke.
February 20, 2008 City Council Summary Minutes Page 14
The following people spoke in support of this item:
Kerry Antrim, District 6 Planning Council, 213 Front Avenue; and
Steve Urban, architect.
Councilmember Helgen moved to close the public hearing.
Yeas – 7 Nays – 0
Helgen stated the developer has taken a look at a challenging site and has treated it with
care and thought. This project has been thoroughly reviewed. There have been other
projects that have come before the Council that have not satisfied anyone’s concerns on
how to deal with a wetland. This project was reviewed by the Capitol Region Watershed
District, their standards are well thought through, and they have imposed good conditions
on improving the quality of the wetland. The City has no public money in this; it is
private development occurring on properly zoned land. He felt it made sense to grant the
variances to allow the setback so that they don’t intrude on the wetland further. He
apologized to the neighbors if they feel they did not get proper notice through the
community council process. District 6 takes care in informing the neighbors but on
occasion people do not get the notices, don’t see them, or don’t understand what happens.
It is clear from the testimony that the official City notice that was required was done.
Councilmember Stark stated he welcomes developers that can build moderate income
home ownership opportunities with no City money.
Helgen moved to deny the appeal.
Motion of Intent - Appeal denied Yeas – 7 Nays – 0
36. Public hearing to consider the appeal of Hal Clapp and James Ferstle to a decision of the
Planning Commission approving a site plan for a new commercial development that
includes a Trader Joe’s grocery store at 1094 Randolph Avenue (southeast corner at
Lexington Parkway). [ZF 08-021704]
Tom Beach, Department of Safety and Inspections-Zoning (DSI), reported that the
Council rezoned the property to TN2 a few months ago. Since they took that action, the
Planning Commission approved the site plan on a unanimous vote. An appeal has been
filed to that decision.
Beach showed and described the site plan. He said there was an appeal filed by two
people. The first part of the appeal is that the Planning Commission should have
provided additional steps to protect people on the south side of Juno Avenue. Juno will
be paved, the east part of Juno would be constructed to look like a driveway to discourage
people from driving further, and there would be a sidewalk on the north side of the street.
Residents can have a sidewalk on the south side of the street if they decide to do so. The
February 20, 2008 City Council Summary Minutes Page 15
developer would be responsible for plowing snow on Juno. On the south side, there
would be an eight foot masonry wall. These improvements would be paid by
incorporating them into the 2008 RSVP assessments, and the remaining portion would be
picked up by the developer. The appellant would like a portion of Juno vacated, more
information about the specific plans on the rain garden which has been submitted since
then, a noise barrier extended along 35E, permit parking, and that there would be some
parking bays on the south side of Juno in front of the houses.
The other part of the appeal has to do with this being a parkway and that there is a
diversion of parkland because Lexington would be widened. E-mails were received from
the Division of Parks, Real Estate, and the City Attorney’s Office saying this is not a
diversion of parkland. The appellant said that it should go to the Parks Commission for
review but Parks staff said that there is no reason for that since there is no park diversion
involved. They questioned the way the parkland dedication fee was calculated. The
applicant raised some additional issues which came in after the appeal period including
the issue of traffic.
Beach showed the Council photographs. Councilmember Thune questioned the
landscaping. Beach responded that there would be landscaping on both sides of Juno.
Most of the landscaping would be concentrated on the north side.
Thune asked why taxpayers are paying for the landscaping and not the developer. Beach
responded the City would pay for the normal RSVP improvements and anything above
that would be the developer’s responsibility. The street was scheduled to be improved as
a RSVP project in 2014 but it is being moved up six years to correspond with the opening
of the store. Thune maintained that the landscaping should be done by the developer.
They are putting in a high density project and it is moved up six years for their
convenience. Beach said there are three curb cuts on Lexington: two for the commercial
side and one for the alley. When they are done, there would be one curb cut. That
balances out the extra street width. The fact that the street is being widened is not
considered a diversion of parkland.
Councilmember Stark asked if the issue is TN zoning versus the B3. Beach responded
that the B3 and B2 zonings specifically say they need a 25 foot setback from a parkway.
That provision is not in the TN2 zoning since part of the reason for TN2 is to encourage
building up to the street. There is a little tension between the desire for trees on the
parkway and the desire to have the building up to the street. They did not need a variance
to put the south building or the parking for the north building up to the property line.
Stark responded that they did not do the TN zoning correctly.
Councilmember Harris stated the developer is paying for anything above and beyond the
RSVP project. The RSVP project will be coming back to the Council everyone will have
an opportunity to vote against it if they want. It was moved up, but there is no
February 20, 2008 City Council Summary Minutes Page 16
landscaping that the RSVP project is going to pay. If that is not the case, it will be taken
care of at the Housing and Redevelopment Authority (HRA) meeting next week.
Jim Ferstle, Saint Paul, appeared and stated if it gets built and done well, he is fine with
it. If it gets built as presented at this time, then they have come in and change the entire
neighborhood and do it piecemeal.
(Ferstle showed on a map how the Trader Joe’s should be developed.)
Ferstle said that the delivery truck should come in off of Randolph Avenue. This has
been an adversarial process where people are for it or against it.
Hal Capp, appellant, 1086 Juno Avenue, appeared and stated that there are nuances to the
site plan that need to be worked out. The rain garden is something they requested and
they did a fair job of planting that. As part of the street improvements, they have asked
for more buffing. They feel strongly about the parking issue as there will probably be
people parking on their street. Perhaps the City or the developer could pick up some
improvements to the alley as it is technically a street. They have given the developer full
access to their street for 2,500 to 3,000 cars a day, when there were 12 cars. He is hoping
they support what is included in the petition.
(Clapp showed a map.)
The following also spoke in support of the appeal:
Petty Lynch, Friends of Parks and Trails, 1621 Beechwood Avenue; and
Laurie Watson, 1086 Juno Avenue;
The following people spoke in opposition to the appeal (support of the site plan):
Steve Yoch, 444 Cedar Street #2100; and
Stuart Simek, 332 Minnesota Street #W1080.
Thune asked about the sound wall issue and if they were selling the Mn/DOT property to
the developer. Simek responded the parcel is a north-south alley which ends at the north
side of Juno. There is no sound wall in front of Clapp’s home; it is a wood fence.
Harris moved to close the public hearing. Yeas – 7 Nays – 0
Harris stated that the alley vacation and transfer of the Mn/DOT property will come
before the Council. This project has received variances that were not appealed through
the Planning Commission. It was rezoned and has received Planning Commission
support extensively throughout the process. The site plan was approved unanimously.
The neighbors have concerns that need to be addressed. Clapp and the neighbors have
February 20, 2008 City Council Summary Minutes Page 17
conducted themselves in credible fashion, Harris said.
Harris moved to deny the appeal stating that the Planning Commission did not err in their
findings with several conditions. (Harris listed those conditions in detail.)
Stark commended Harris for navigating this process. Given the process that the City has,
the decision seems to be the right one. The spirit of the TN zoning is for mixed use
traditional neighborhoods. This is not a TN project, but they are moving forward with it.
Thune stated that he is disappointed in TN. He thought it would protect neighborhoods,
but it does not offer any protection.
Stark stated that if there is no access point off Randolph Avenue because of the ramps
onto 35E and that is what pushed the access onto Juno Avenue, it suggests to him that
they shouldn’t put a heavy traffic generating use onto the site. If the appeal had been on
the fact of an access point on Juno, he would have agreed to it. It forced the developer to
build a project that has too big of an impact on the neighborhood, yet that was not what
was appealed. The developer has gone the extra mile within those constraints to do
everything possible to make the project work as well as it can. It just isn’t the right site
for the project, Stark said.
Motion of Intent – Appeal denied with conditions
Yeas – 6 Nays – 1 (Thune)
46. Resolution – 08-168 – Ordering the owner to remove the building(s) at 1445 Mechanic
Avenue within five (5) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, reported that this is a non-controversial
demolition and she recommended five days for removal of the building. None of the
conditions they normally require have been met.
Councilmember Bostrom moved to close the public hearing and approval.
Adopted (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
37. Update on the status of 16 Douglas Street by Marcia Moermond, Legislative Hearing
Officer.
Marcia Moermond, Legislative Hearing Officer, reported that she held a Legislative
Hearing on this property. She looked at what she considers are mediocre plans for the
building’s rehabilitation and inadequate financing to complete it. They have seen
February 20, 2008 City Council Summary Minutes Page 18
approximately $21,000 for a rehab that is estimated to be a $50,000 to $60,000 project.
Additional financing proposed by the new owner was to use credit card lines of credit, but
the City has not accepted that as a valid form of financing. She recommended laying this
over for two weeks.
Council President Lantry stated that no action was required on this item.
Public Hearing continued to March 5 (no vote taken)
38. 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. (Public Hearing continued
from December 19) (Legislative Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated that the front house is not done yet
at 449 Fry Street; 447 Fry Street is in the back of the parcel. No one appeared at the
Legislative Hearing; however, there are plans, but they are not adequate. There is no
evidence of financing at this time. He is about halfway done with the first house.
No one appeared in opposition; Councilmember Stark moved to close the public hearing
Yeas – 6 Nays – 0 (Bostrom not present)
Councilmember Stark moved approval.
Adopted Yeas – 6 Nays – 0 (Bostrom not present)
39. Resolution – 08-161 – Ordering the owner to remove or repair the building(s) at 898
Albemarle Street by May 1, 2008. (Legislative Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, recommended granting an extension to
May 1 to complete the work as all the conditions have been met.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 5 Nays – 0 (Harris and Bostrom not present)
40. Resolution – 08-162 – Ordering the owner to remove the building(s) at 902 Albemarle
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval. He requested that staff to make sure the building is secure.
Adopted Yeas – 5 Nays – 0 (Bostrom and Harris not present)
February 20, 2008 City Council Summary Minutes Page 19
41. Resolution – 08-163 – Ordering the owner to remove or repair the building(s) at 890
Armstrong Avenue within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated the attorney for the mortgage
holder appeared at the Legislative Hearing. It was understood that if they were going to
pursue rehabilitation, they would bring forward the usual documents that are required.
However, nothing was forthcoming so she assumed they will let the building come down.
She recommends removal within 15 days with no option for rehabilitation.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted as amended (remove the building within 15 days)
Yeas – 6 Nays – 0 (Bostrom not present)
42. Resolution – 08-164 – Ordering the owner to remove the building(s) at 314 Bates Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated this is an historic preservation
district and is considered a contributing member. At the same time, there is no bond
posted and no vacant building fees paid. She is hesitant that the Council order the
building removed within 15 days, but she has no alternative given that there are no plans
in place.
Council President Lantry moved to close the public hearing and lay over for a month, as
there may be a buyer.
Moermond stated it would be useful to have this referred back to a Legislative Hearing so
that plans can be reviewed for recommendation for the Council. Lantry responded that
will not be needed.
Public hearing held, closed and laid over to March 19
Yeas – 6 Nays – 0 (Bostrom not present)
43. Resolution – 08-165 – Ordering the owner to remove or repair the building(s) at 733
Bradley Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated all items are in place for
rehabilitation of the structure. They have not had a chance to review the closing
document so she requested a one week layover.
February 20, 2008 City Council Summary Minutes Page 20
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and lay over for one week.
Laid over to February 27 Yeas – 6 Nays – 0 (Bostrom not present)
44. Resolution – 08-166 – Ordering the owner to remove the building(s) at 800 Duluth Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated that no vacant building fees have
been paid, no bond has been posted, and no code compliance inspection; therefore, she
recommended removal within 15 days. It is in a historic preservation district.
No one appeared in opposition; Lantry moved to close the public hearing and lay over for
two weeks.
Laid over to March 5 Yeas – 6 Nays – 0 (Bostrom not present)
45. Resolution – 08-167 – Ordering the owner to remove the building(s) at 400 Edmund
Avenue within five (5) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated that this is a non-controversial
demolition and has already been started by the owner.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0 (Bostrom not present)
47. Resolution – 08-169 – Ordering the owner to remove the building(s) at 815 Robert Street
South within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated no bond has been posted, and the
vacant building fees have not been paid. Although there is a code compliance inspection,
there are no work plans or financial plans. She recommended that the building be
removed within 15 days with no option for rehabilitation.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0 (Bostrom not present)
February 20, 2008 City Council Summary Minutes Page 21
48. Resolution Ratifying Assessment – 08-170 – In the matter of the assessment of benefits,
cost, and expenses for demolition of vacant buildings at 335 Charles Avenue and 1985
Juliet Avenue during November 2007 [J0713C]; summary abatements (graffiti removal)
on private properties from October 26 to November 7, 2007 [J0708P]; boarding-up
vacant buildings at 635 Sims Avenue and 627 Bush Avenue during June and July 2007
[J0706B1]; boarding-up vacant buildings during September 2007 [J0708B]; summary
abatements (property cleanups) on private properties from October 31 to November 15,
2007 [J0718A]; and providing weekly garbage hauling services from November 2 to
November 15, 2007 [J0718G]. (Legislative Hearing Officer recommends the following:
299 Avon Street North (J0718A) - approve the assessment and spread the payments over
five (5) years; laid over to the March 5 City Council Public Hearing;
627 Bush Avenue (J0706B1) - approve the assessment;
85 Cook Avenue West (J0718A) - reduce the assessment from a total of $358 to a total of
$175; delete the assessment;
2208 Dellridge Avenue (J0718A) - approve the assessment and spread the payments over
three (3) years;
1230 Edgerton Street (J0718G) - delete the assessment;
687 Edmund Avenue (J0718G) - delete the assessment;
998 Grand Avenue (J0708P) - delete the assessment;
1664 Grand Avenue (J0708P) - delete the assessment;
595 Hawthorne Avenue East (J0718A) - delete the assessment;
931 Iglehart Avenue (J0718A) - delete the assessment;
1335 Payne Avenue (J0718A) - approve the assessment;
1084 Rose Avenue East (J0708B) - delete the assessment;
304-308 Snelling Avenue North (J0708P) - delete the assessment;
1389 University Avenue West (J0708P) - delete the assessment;
728 Van Buren Avenue (J0718A) - approve the assessment laid over to the March 4
Legislative Hearing and March 5 City Council Public Hearing
1319 Westminster Avenue (J0707B) - approve the assessment;
871 Woodbridge Street (J0718A) - approve the assessment; and
1583 York Avenue (J0708B) - approve the assessment)
299 Avon Street North - Marcia Moermond, Legislative Hearing Officer, reported that
this was a substantial cleanup in the amount of $3,000. Notice was provided and the
cleanup did not occur. Orders were issued on October 3 with a compliance date of
October 29. The property was re-inspected on October 24 and the work was not done so
the property was cleaned up on October 31. A videotape was shown of the property
Samuel Hall, 299 Avon Street North, appeared and stated that he had knee surgery and
was not able to do any lifting so he did not have time to clean up his property but he was
working on it.
February 20, 2008 City Council Summary Minutes Page 22
85 Cook Avenue West – Moermond reported that orders were issued on November 1 to
remove trash bags and rubbish from inside the garage, remove trash bags from the rear
deck and remove doors from the rear stairway with a compliance date of November 4.
The work was done by the City on November 7. In this case, there was a fair amount
removed from the garage. A videotape was shown.
Patrick Bernstrom, 85 Cook Avenue West, appeared and stated that he was given an
opportunity to get the assessment reduced from $358 to $175. All trash bags and rubbish
were removed and he has receipts from taking the items to the dump. According to the
letter he received, he had three days to do the cleanup. There was no follow-up
inspection and the City removed everything from his garage. The “rubbish” removed was
hockey helmets, hockey sticks, jackets, 80,000 baseball cards as well as a lot of personal
information. He maintained that he should be able to store his items in his garage. He
will file $7,000 with the City. He complied with everything that was asked by the City
and then he received a $350 bill for taking his property.
Councilmember Helgen stated he saw junk in the garage but there were no trash bags on
the porch. Bernstrom responded that the order he received was on the date he removed
the trash which included about 20 bags of trash.
Council President Lantry moved to close the public hearing
Yeas – 6 Nays – 0 (Bostrom not present)
Carter moved a two week layover on 299 Avon.
Helgen moved to delete the assessment on 85 Cook.
Carter moved to refer 728 Van Buren back to a Legislative Hearing.
Councilmember Carter moved approval as amended per Ms. Moermond.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0 (Bostrom not present)
49. Resolution Ratifying Assessment – 08-171 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement (graffiti removal) on private properties from
November 10 to November 24, 2007 [J0709P]; demolition of vacant buildings at 468
Case Avenue during November, 2007 [J0714C]; summary abatements (property
cleanups) on private properties from November 15 to November 29, 2007 [J0719A]; and
providing weekly garbage hauling services from November 20 to November 30, 2007
[J0719G]. (Legislative Hearing Officer recommends the following:
37 Atwater Street (J0719A) - delete the assessment;
February 20, 2008 City Council Summary Minutes Page 23
333 Atwater Street (J0719A) - approve the assessment; no show
221 Belvidere Street East (J0719A) - approve the assessment; no show
489 Belvidere Street East (J0719A) - approve the assessment and spread the payments
over three (3) years;
1727 Bush Avenue (J0719A) - reduce the assessment from a total of $1,440 to a total of
$1,370 and spread the payments over five (5) years;
1277 Charles Avenue (J0719A) - delete the assessment;
687 Edmund Avenue (J0719G) - delete the assessment;
839 Edmund Avenue (J0719G) - approve the assessment;
677 Jessamine Avenue East (J0719A) - delete the assessment;
918 Lafond Avenue (J0719A) - recommendation is forthcoming approve the assessment
and spread the payments over five (5) years;
932 Park Street (J0719A) - reduce the assessment from a total of $760 to a total of $560
and spread the payments over five (5) years;
601 Palace Avenue (J0719A) - approve the assessment;
1201 Payne Avenue (J0709P) - delete the assessment; and
200 Prescott Street (J0709P) - delete the assessment.)
Additional address:
1111 Fourth Street East (J0719A) – Laid over to the March 4 Legislative Hearing and the
March 5 City Council Public Hearing
918 Lafond Avenue – Marcia Moermond stated she would recommend approval of the
assessment and to spread the payments over five years. There was cleanup ordered on
November 19 with a compliance date of November 20. The work was done by the City
on November 26 for $428. There appeared to be two issues in play: the owner does not
read or write English, so the mail needs to be translated; and the materials outside the
house were generated by relatives staying with her. Given that there have been past
abatement orders for this property, translation issues with the mail should have been
resolved by this point.
Claudie Launderville, 918 Lafond Avenue, appeared on behalf of her mother. During
November, her mother was on a medical leave from her work due to a bus accident. She
acknowledged that they did pile up the garbage in the truck. The brake line broke on the
truck so they could not move it and did not have the financial means to fix it.
Moermond asked if she wanted the payments spread over five years. Launderville
responded that they would like the amount deleted, but if that is not possible, then they
would like the five-year payment plan.
February 20, 2008 City Council Summary Minutes Page 24
Lantry stated the issue before the Council is whether or not they had notification and if
the City completed the work. If there was trash there and the City took the trash, then that
would mean the owner would get assessed. She asked if there was weekly trash service.
Launderville responded yes.
1111 Fourth Street East – Moermond stated she would like this referred back to
Legislative Hearing on March 4 and City Council Public Hearing on March 5.
Carter moved to close the pubic hearing. Yeas – 5 Nay – 0 (Bostrom and Helgen not
present)
Carter moved to spread the payment over five years for 918 Lafond Avenue.
Councilmember Carter moved approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0 (Bostrom not present)
50. Appeal of David McGee, on behalf of Henry Zaiden, to a Revocation of the Certificate of
Occupancy, which includes Condemnation, for property known as Lowertown Parking
Ramp, 255 Sixth Street East. (Public hearing continued from February 6) (Legislative
Hearing Officer’s recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, reported that there has been a dizzying
array of enforcement action taken on this property including after the appeal was filed.
The current situation is that the certificate of occupancy has been revoked by the
Department of Safety and Inspections. Given the interplay of the appeal actions and the
continuing enforcement actions, there has been separation of power issues that they
should be aware of as they progress into the future. She has concerns about interactions
of City staff with the appellant that has come up repeatedly with correspondence. Right
now, they need to have the Council state clearly that the revocation of the certificate of
occupancy is in place, but the occupancy can continue until February 28 pending the
approval of the rehabilitation. If no agreement is reached, she will make a
recommendation to make sure it is completed. Currently, McGee believes they will have
the work done by March 1.
Lantry clarified that the recommendation from Moermond is revocation of the certificate
of occupancy without a vacate date until February 28 pending rehab plans that are
sufficient.
Councilmember Harris stated it seems like a logic puzzle when they revoke the C of O
and allow continued occupancy. Lantry responded that is the way it works all the time.
Moermond responded that the parts of the ramp that are considered not sound for holding
February 20, 2008 City Council Summary Minutes Page 25
vehicles are quartered off while they are being fixed. The occupancy is only on the main
level. Lantry added that they have City engineers make sure that it will not topple.
Bob Kessler reported that their structural engineer believes it is basically safe. The ramps
are currently under construction and one has been completely replaced. They want to
make sure there is a commitment to complete the work as soon as possible.
David McGee, representing GMT Corporation, owner of the ramp, appeared and stated
that the east ramp has been redone - the concrete has been poured and cured, and they
have moved on to the west ramp. That concrete will be poured on February 24 with a
cure date of March 1. It will be a full depth concrete replacement that will be able to
withstand the City ordered towed weight for parking ramps. They have quartered off the
areas of the decking and those areas can withstand their own weight. They are making
sure those areas are not overtaxed.
Thune moved to close the public hearing, lay over to February 27, and deny the appeal.
Public Hearing held, closed and laid over to February 27
Appeal denied with conditions Yeas – 6 Nays – 0 (Bostrom not present)
51. Appeal of Dagney Lowell to a Summary Abatement Order and Vehicle Abatement Order
for property at 245 Robie Street West. (Legislative Hearing Officer recommends denying
the appeal and granting an extension to February 19)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and deny the appeal,
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0 (Bostrom not present)
52. Appeal of Lou Sudheimer, on behalf of Maria Flats Condo Association, to a Summary
Abatement Order to Remove Graffiti for property at 378 Maria Avenue. (Legislative
Hearing Officer recommends denying the appeal and granting an extension to February
15)
No one appeared in opposition; Council President Lantry moved to close the public
hearing and deny the appeal
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0 (Bostrom not present)
February 20, 2008 City Council Summary Minutes Page 26
53. Appeal of Irwinna Mitsch to a Summary Abatement Order and Vehicle Abatement Order
for property at 804-806 4th Street East. (Legislative Hearing Officer recommends
denying the appeal and granting an extension to February 29)
No one appeared in opposition; Council President Lantry moved to close the public
hearing and deny the appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0 (Bostrom not present)
Councilmember Thune moved to adjourn the meeting.
Yeas – 6 Nays – 0 (Bostrom not present)
ADJOURNED AT 10:02 P.M.
ATTEST:
______________________ ___________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___May 7, 2008_______________
Racquel Naylor Minutes approved by Council