Minutes 3-05-2008
SUMMARY MINUTES OF
THE SAINT PAUL CITY COUNCIL
Wednesday, March 5, 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 – 5 – Bostrom, Carter, Harris, Helgen, Lantry, and Stark
Absent – 2 – Harris (arrived after roll call) and Thune (excused)
CONSENT AGENDA (Items 1 – 30)
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.
Council President Lantry said Item 16 is being withdrawn as the $200.00 penalty has been paid.
Councilmember Stark moved approval of the consent agenda as amended.
Adopted as amended Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Emma R. Mason, Elsie Mayard and Jimmy Micius, John B. Coughlin, Barbara
Najera Rios, Brian Tiedman, and Scott M. Wisgerhof.
Referred to Risk Management
2. Summons and complaint in the matter of Bayview Loan Servicing, LLC vs. the City of
Saint Paul. (Re: 59 Atwater Street)
Referred to the City Attorney’s Office
3. Summons in a Civil Case in the matter of Robert McCampbell and Raven Property
Management, LLC vs. the City of Saint Paul. (615/617 Case and 1015 York Avenues)
Referred to the City Attorney’s Office
March 5, 2008 City Council Summary Minutes Page 2
4. Letter from the Department of Safety and Inspections announcing a public hearing before
the City Council on March 19, 2008 to consider the appeal of the University of St.
Thomas to a condition imposed by the Planning Commission that required adding
decorative elements to the openings (on the east and south side) of the new campus
parking ramp, to be located at the southwest corner of Grand and Cretin Avenues, in
order to minimize the impact of light and noise on nearby properties. [File No. 08-
031289]
5. Letters from the Department of Safety and Inspections/Code Enforcement declaring 951-
953 Desoto Street, 21 Douglas Street, 1775 Field Avenue, 283 Forbes Avenue, 60 George
Street East, 426 Minnehaha Avenue East, 667 Sims Avenue, and 254 Winifred Street
East as nuisance properties, and setting date of Legislative Hearings for March 25, 2008
and City Council public hearings for April 16, 2008.
6. Letters from the Department of Safety and Inspections/Code Enforcement declaring 985
Burr Street, 21 Douglas Street, 22 Douglas Street, 516 Farrington Street, 1775 Field
Avenue, 267 Forbes Avenue, 283 Forbes Avenue, 521 Minnehaha Avenue, 285 Topping
Street, 254 Winifred Street East, and 126 Winnipeg Avenue as nuisance properties. (For
notification purposes only; public hearings will be scheduled at a later date if necessary.)
7. Administrative Orders:
D002698 Amending the budget in the Department of Planning and Economic
Development to reflect the allocation of STAR funds awarded through
Wards 1, 5, and 7 Neighborhood Investment Initiative Program.
D002699 Amending the 2007 budget of the Community Development Block Grant
Fund by transferring $120,000 from the Facelift Program to the Flexible
Fund for the Greater Frogtown CDC.
On file with the City Clerk
FOR ACTION
8. Approval of minutes of January 2, 9, 16 and 23, 2008.
Adopted Yeas – 6 Nays – 0
9. Resolution – 08-189 – Authorizing the Office of Human Resources to reimburse various
vendors for costs incurred in conducting employee recognition programs in 2008.
Adopted Yeas – 6 Nays – 0
10. Resolution – 08-190 – Setting a public hearing date of March 19, 2008 for establishing
schedule charges for one-inch water service connections in certain right-of-way widths
and taps of all sizes.
Adopted Yeas – 6 Nays – 0
March 5, 2008 City Council Summary Minutes Page 3
11. Resolution – 08-191 – Authorizing the Police Department to enter into an intra-
governmental agreement to allow canine training to the Ramsey County Sheriff’s Office.
Adopted Yeas – 6 Nays – 0
12. Resolution – 08-192 – Authorizing the Division of Parks and Recreation to accept a
donation of an AED (automated external defibrillator) for the Oxford/Jimmy Lee site
from the Minnesota Timberwolves.
Adopted Yeas – 6 Nays – 0
13. Resolution – 08-193 – Referring the license application, per the recommendation of the
Legislative Hearing Officer, of Sean Lee, President, Club Mesian, 1638 Rice Street, for
Liquor On Sale-Over 200 Seats, Liquor On Sale-Sunday, Liquor On Sale-2 A.M. Closing,
Entertainment B, Restaurant B-More than 12 Seats, and Restaurant D-Add On (Bar Only)
to an Administrative Law Judge.
Adopted Yeas – 6 Nays – 0
14. Resolution – 08-194 – Approving adverse action against the Restaurant (A) 0-12 Seats
license, held by Issam Alhuniti, d/b/a Chicago Submarine, 614 Selby Avenue.
Adopted Yeas – 6 Nays – 0
15. Resolution – 08-195 – Approving adverse action against all licenses held by Twin Star
VFW Post 8854, 820 Concordia Avenue.
Adopted Yeas – 6 Nays – 0
16. Resolution – 08-196 – Approving adverse action against the Cigarette/Tobacco license
held by Ilyasse Touhami, d/b/a Wabasha Seventh Street Snack Store, 469 Wabasha Street
North.
Withdrawn
17. Resolution – 08-197 – Approving adverse action against the Cigarette/Tobacco license
held by West Side Grocery, LLC, 466 Robert Street South.
Adopted Yeas – 6 Nays – 0
18. Resolution – 08-198 – Approving a joint powers agreement which authorizes the
Department of Safety and Inspections to conduct all public school fire inspections.
Adopted Yeas – 6 Nays – 0
19. Resolution – 08-199 – Approving the January 3, 2008 decisions of the Legislative
Hearing Officer on Appeals of Letters, Correction Notices, and Correction Orders for
properties at 570 Asbury Street, 714 Stryker Avenue, and 749 Hall Avenue. (GS
3050350)
Adopted Yeas – 6 Nays – 0
March 5, 2008 City Council Summary Minutes Page 4
20. Resolution – 08-200 – Memorializing City Council action taken February 20, 2008
denying the appeal and granting an extension to February 29, 2008 for property at 804-
806 4th Street East.
Adopted Yeas – 6 Nays – 0
21. Resolution – 08-201 – Amending C.F. 08-127 to delete the assessment for graffiti
removal at 140 Mackubin Street.
Adopted Yeas – 6 Nays – 0
22. Resolution – 08-202 – Memorializing City Council action taken February 20, 2008
denying the appeal and granting an extension to February 15, 2008 for property at 378
Maria Avenue.
Adopted Yeas – 6 Nays – 0
23. Resolution – 08-203 – Memorializing City Council action taken February 20, 2008
denying the appeal and granting an extension to February 19, 2008 for property at 245
Robie Street West.
Adopted Yeas – 6 Nays – 0
24. Resolution – 08-204 – Granting 180 days for the stabilization of the building(s) at 343
Maple Street as a condition of staying enforcement on the order to remove or repair the
building(s) at this property.
Adopted Yeas – 6 Nays – 0
25. Resolution – 08-205 – Authorizing the Como Park and Conservatory Volunteer Services
Department to recognize volunteers with greeting cards, flowers, and food, in an amount
not to exceed $5,000.
Adopted Yeas – 6 Nays – 0
26. Resolution – 08-206 – Authorizing Como Park and Conservatory to purchase food to
enhance educational fee-based programs in 2008 at the Como Campus, in an amount not
to exceed $10,000.
Adopted Yeas – 6 Nays – 0
27. Resolution – 08-207 – Authorizing the proper City officials to approve renewal of the
lease of property from MnDOT being used as part of Cayuga playground.
Adopted Yeas – 6 Nays – 0
28. Resolution – 08-208 – Authorizing the release of slopes, cuts, and fills easement for the
property along Suburban Avenue as requested by Sonic Holdings, LLC.
Adopted Yeas – 6 Nays – 0
March 5, 2008 City Council Summary Minutes Page 5
29. Resolution Approving Assessment – 08-209 – In the matter of the assessment of benefits,
cost, and expenses for Tenant Remedy Action payment at 880 Wilson Avenue in January
2008, and setting date of public hearing for April 16, 2008 [TR0801].
Adopted Yeas – 6 Nays – 0
30. Resolution Approving Assessment – 08-210 – In the matter of the assessment of benefits,
cost, and expenses for summary abatements (property clean-up) on private properties
from January 31 to February 15, 2008 [J0803A]; weekly garbage hauling services from
February 4 to February 15, 2008 [J0803G]; summary abatements (graffiti removal) on
private properties from January 31 to February 7, 2008 [J0802P]; removing diseased elm
trees from private property during January and February 2008 [0802T]; and setting date
of Legislative Hearings for April 1, 2008 and City Council public hearings for April 16,
2008.
Adopted Yeas – 6 Nays – 0
FOR DISCUSSION
31. Progress report concerning the rehabilitation of 55 Atwater Street. (Report requested by
Council on January 2)
Marcia Moermond, Legislative Hearing Officer, presented a progress report.
32. Resolution – 08-166 – Ordering the owner to remove the building(s) at 800 Duluth Street
within fifteen (15) days from adoption of resolution. (Public hearing held, closed and laid
over from February 20) (Legislative Hearing Officer recommends approval)
Councilmember Helgen moved to lay over two weeks
Laid over to March 19 Yeas – 6 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.
33. Second Reading – 08-188 – An ordinance amending the Saint Paul Administrative Code
by adding new language to Title IV, Subt., B., Chapter 65 (reserved) pertaining to levying
and collecting special assessments for heritage preservation and other public purposes for
buildings in the B4 and B5 Zoning Districts.
Laid over to March 19 for third reading / public hearing
March 5, 2008 City Council Summary Minutes Page 6
34. First Reading – 08-211 – An ordinance amending Chapter 14A of the Saint Paul
Legislative Code, Department of Neighborhood Housing and Property Improvement
(NHPI), to reflect the creation of the Department of Safety and Inspections (DSI).
Laid over to March 12 for second reading
35. First Reading – 08-212 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code to allow for inspection of high pressure piping.
Laid over to March 12 for second reading
36. First Reading – 08-213 – An ordinance amending Chapter 293.09 of the Saint Paul
Legislative Code to include noise variance fees in Chapter 310.
Laid over to March 12 for second reading
37. First Reading – 08-214 – An ordinance amending Chapter 329.02 of the Saint Paul
Legislative Code to include alarm permit fees in Chapter 310.
Laid over to March 12 for second reading
38. First Reading – 08-215 – An ordinance amending Chapter 331A.04 of the Saint Paul
Legislative Code to clarify categories of license types as part of the new Environmental
Health administrative enforcement system.
Laid over to March 12 for second reading
39. First Reading – 08-216 – An ordinance amending Chapter 409.21 of the Saint Paul
Legislative Code to clarify gambling regulations. (GS 3050043)
Laid over to March 12 for second reading
The meeting was recessed from 3:37 p.m. to 5:33 p.m.
Present – 6 – Bostrom, Carter, Harris, Helgen, Lantry, and Stark
Absent – 1 – Thune (excused)
PUBLIC HEARINGS
40. Third 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.
Council President Lantry requested the ordinance be amended with language on Lines 15
and 16 to read “That appointments to such position shall be made by the City Attorney.”
No one appeared in opposition; Councilmember Stark moved approval of the amended
language Yeas – 6 Nays – 0
Amended and laid over to March 12 for final adoption
March 5, 2008 City Council Summary Minutes Page 7
41. Resolution – 08-217 – Approving the application of the Happy Gnome, represented by
Nick Miller, Owner, 498 Selby Avenue, for a sound level variance in order to present live
music on March 15, 2008 from 12:00 noon to 10:00 p.m.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
be closed and approval.
Adopted Yeas – 6 Nays – 0
A gentleman appeared saying he was a partner of the Happy Gnome and urged everyone
to come to their establishment on March 15 to celebrate St. Patrick’s Day.
42. Resolution – 08-218 – Approving the application of Gabe’s By The Park, 991 Lexington
Parkway North, for a sound level variance in order to present live music, with limitations,
from 7:00 p.m. to 12:00 midnight on March 14, 2008, from 4:00 p.m. to 12:00 midnight
on March 15, 2008, and from 7:00 p.m. to 12:00 midnight on March 17, 2008.
Matt Long, owner of Gabe’s by the Park, appeared. He said this is the fourth year of
having their St. Patrick’s Day celebration. He said they hire off-duty corrections officers
as well as Police paid for by their establishment. Students from Como High School are
hired to cleanup not only their property but the surrounding neighborhood the early
morning after the event. Mr. Long stated he has talked with Councilmember Stark’s
Office requesting that on both March 14 and March 15 the times be extended from 12:00
midnight to 1:00 a.m.
Councilmember Helgen said with security and clean-up in place he would support the
extended hour.
Councilmember Stark moved to close the public hearing and amended the resolution by
extending the times from 12:00 midnight to 1:00 a.m. for March 14 and March 15 only.
Adopted as amended Yeas – 6 Nays – 0
43. Resolution – 08-219 – Authorizing the Division of Parks and Recreation to enter into an
agreement with the Friends of the Mississippi River in order to complete unfunded and
under-funded project work.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0
March 5, 2008 City Council Summary Minutes Page 8
44. Resolution – 08-220 – Amending the financing and spending plans in the Division of
Parks and Recreation by adding $197,940.00 for a grant received from the State of
Minnesota, Department of Education, for the City’s After School Enrichment Program.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0
45. Resolution – 08-221 – Amending the financing and spending plans in the Mayor’s Office
by adding $2,080,000 for a grant received from the State of Minnesota to administer the
Pre-Kindergarten Allowance Program.
No one appeared in opposition; Councilmember Stark moved to close the public hearing
be closed and approval.
Adopted Yeas – 6 Nays - 0
46. Resolution – 08-222 – Amending the financing and spending plans in the Department of
Planning and Economic Development by adding $1,187,897 for contamination cleanup
grants received from the Department of Employment and Economic Development
(DEED) and the Metropolitan Council for the Total Tool, Sholom Home, and Landmark
Brewery sites.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays - 0
47. Resolution – 08-223 – Approving the petition of River Run 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]
Bruce Engelbrekt, Department of Public Works/Real Estate presented a staff report.
Chuck Repke, District 2 Community Council, appeared and expressed concern with this
item. He said no site plan has been presented and it is not clear what the street is being
vacated for. Mr. Repke said this is a very stable neighborhood and not knowing what the
future plans may be is unsettling. He said at some point when a plan is in place and a site
plan is established he would be open for discussion, but not at this point.
Ken Hamblin, 889 Euclid Street, appeared in opposition stating that along with his
mother he owns property abutting this area. He expressed concern and asked why this is
being requested and what the future plan is.
March 5, 2008 City Council Summary Minutes Page 9
Engelbrekt noted where the street vacation would begin and end and said it would not
affect Mr. Hamblin’s property.
Kevin Kraus, River Run Properties, confirmed that they want to accumulate the property
for future development and that’s why there is no site plan.
Councilmember Bostrom moved to close the public hearing. Yeas – 6 Nays - 0
Bostrom said without a site plan no one knows what the intent of River Run Properties is
and he is very uncomfortable going forward without this information. Bostrom moved
denial of the petition.
Resolution Failed Yeas – 6 Nays - 0
48. Final Order – 08-224 – In the matter of acquiring property rights needed for the
Arlington-Arkwright Pond at 390 Arlington Avenue East for the public purpose of
expansion of said pond.
At the request of Public Works, this item was withdrawn.
Withdrawn
49. Final Order – 08-225 – In the matter of improving the area referred to as the Ivy-Kennard
RSVP (Residential Street Vitality Project) by constructing new bituminous surface street
with concrete curb and gutter, concrete driveway aprons and outwalks, boulevards
landscaped with sod and trees, and a new lantern style lighting system, and doing all other
necessary work to complete said project bounded by Arlington Avenue on the north,
White Bear Avenue on the east, Ivy Avenue on the south, and Hazelwood Street on the
west. [File 19047]
Councilmember Bostrom requested clarification regarding the sidewalks on the south side
of Cottage and the east side of Germaine.
Barb Mundahl, Department of Public Works, appeared and explained there will be
sidewalks around the playground area. She said Al Czaia is working on a separate Final
Order on this issue which will come before the Council.
Chuck Repke, District 2 Community Council, appeared stating he was prepared to speak
in opposition to this Order because of the same sidewalk issue, but since hearing Ms.
Mundahl’s clarification he will support the Order.
Councilmember Bostrom moved to close the public hearing and approval with the
understanding sidewalks will be placed on the south side of Cottage and the east side of
Germaine. Councilmember Bostrom noted one letter in opposition to this item was
March 5, 2008 City Council Summary Minutes Page 10
received which he submitted it for the record.
Adopted Yeas – 6 Nays – 0
50. Final Order - 08-226 - In the matter of improving the area referred to as the Ashland-
Pascal RSVP (Residential Street Vitality Project) by constructing new bituminous surface
streets with concrete curb and gutter, concrete driveway aprons and outwalks, boulevards
landscaped with sod and trees, and a new lantern style lighting system, and doing all other
necessary work to complete said project bounded by Dayton Avenue on the north,
Hamline Avenue on the east, Summit Avenue on the south, and Snelling Avenue on the
west. [File 19045]
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays - 0
51. Resolution Ratifying Assessment – 08-227 – In the matter of the assessment of benefits,
cost, and expenses for repair of sanitary sewer connections from July to December 2007
[SWRP0703].
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays - 0
52. Resolution Ratifying Assessment – 08-228 – In the matter of the assessment of benefits,
cost, and expenses for replacement of Lead Water Service Lines as requested by the
property owner from July to December 2007 [0702LDSRP].
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays - 0
53. Public hearing to consider the application of Shaw/Stewart Lumber Company for a
subdivision (plat) for Lawyer Heights in order to create two new parcels at 217 Como
Avenue. [ZF 05-221-710] (Public hearing continued from February 6)
No one appeared in opposition; Councilmember Carter moved to close the public hearing
be closed and grant the application.
Motion of Intent – Application granted Yeas – 6 Nays – 0
March 5, 2008 City Council Summary Minutes Page 11
54. 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 and 20)
William Edrington, 180 West George Street, appeared and said he has gone through the
neighborhood process. He said this is not a typical conversion as the building had burned
down and was rebuilt as a triplex and that is the way he purchased the property.
Mark Stanton appeared and stated the zoning for this property dates back to 1974. He
noted that the District Council, Zoning Committee and Planning Commission approved
the application.
A representative of the District Council appeared and said due diligence has been
demonstrated by this property owner. Although he has concern with how this home was
rebuilt after the fire, the new homeowner is working hard with the neighborhood to keep
the property in the same character as others on George Street. He urged the Council to
approve the application.
Councilmember Harris moved to close the public. Yeas – 6 Nays – 0
Harris noted that Councilmember Thune is in support of this application and he moved
approval of the application.
Motion of Intent – Application granted Yeas – 6 Nays – 0
55. Public hearing 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]
No one appeared in opposition; Councilmember Stark moved to close the public hearing
and grant the application.
Motion of Intent – Application granted Yeas – 6 Nays – 0
Council President Lantry recognized the work and efforts by Jay Benanav and St. Thomas
representatives on this rezoning.
56. Resolution – 08-229 – Granting the owner one hundred-eighty (180) days to rehabilitate
the building(s) at 16 Douglas St.
Marcia Moermond, Legislative Hearing Officer, requested an amendment to the
resolution in the resolved clarifying the owner is granted 180 days to rehabilitate the
March 5, 2008 City Council Summary Minutes Page 12
building at 16 Douglas Street.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
57. Resolution – 08-230 – Ordering the owner to remove or repair the building(s) at 894
Albemarle Street within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, presented her staff report and noted there
has been a language barrier between staff and the property owner. She requested a one
week layover in order to obtain the development plans.
At the question of Councilmember Helgen, Moermond said the owners have put forth a
good faith effort and to date all conditions have been met.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and lay over one week.
Public hearing held, closed and laid over to March 12 (per the recommendation of the
Legislative Hearing Officer) Yeas – 6 Nays - 0
58. Resolution – 08-231 – Ordering the owner to remove the building(s) at 82-84 Curtice
Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, presented her staff report and noted this
is a 15 day order to remove only.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
59. Resolution – 08-232 – Ordering the owner to remove the building(s) at 520 Farrington
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, presented her staff report and noted this
is a 15 day order to remove only.
March 5, 2008 City Council Summary Minutes Page 13
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
60. Resolution – 08-233 – Ordering the owner to remove or repair the building(s) at 815
Fuller Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, presented her staff report stating all
conditions have been met and, therefore, recommended granting 90 days to remove or
repair the building.
Councilmember Carter requested a stipulation that there be no more summary abatements
at this address. He said he is counting on the owner to maintain the property.
Councilmember Carter moved to close the public hearing and approval as amended.
Adopted as amended (remove or repair the building within 90 days) Yeas – 6 Nays - 0
61. Resolution – 08-234 – Ordering the owner to remove the building(s) at 599 Hatch
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, presented her staff report and noted this
is a 15 day order to remove only.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
62. Resolution – 08-235 – Ordering the owner to remove or repair the building(s) at 724
Jessamine Avenue East within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, presented her staff report and
recommended the resolution be amended to grant the owner 60 days for completion as all
conditions have been met.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing be closed and approval as amended.
Adopted as amended (remove or repair the building within 60 days)
March 5, 2008 City Council Summary Minutes Page 14
Yeas – 6 Nays - 0
63. Resolution – 08-236 – Ordering the owner to remove the building(s) at 928 Marion Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, presented her staff report stating this is a
15 day removal only order.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
64. Resolution – 08-237 – Ordering the owner to remove the building(s) at 1801 Nebraska
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, presented her staff report stating this is a
15 day removal only order.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
65. Resolution – 08-238 – Ordering the owner to remove the building(s) at 645 Oakdale
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, presented her staff report and noted that
NeDA is in the process of remodeling their building near this property.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays – 0
66. Resolution – 08-239 – Ordering the owner to remove the building(s) at 534 Thomas
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
March 5, 2008 City Council Summary Minutes Page 15
Marcia Moermond, Legislative Hearing Officer, presented her staff report and
recommended it be amended to allow the owner 90 days to remove or repair the building
as all conditions have been met.
No one appeared in opposition; Councilmember Stark moved to close the public hearing
and approval as amended.
Adopted as amended (remove or repair within 90 days)
Yeas – 6 Nays - 0
Councilmember Harris requested that Council be informed on a monthly basis which banks own
properties slated for demolition. Ms. Moermond indicated she will also provide that information
for properties with orders to remove or repair.
67. Resolution Ratifying Assessment – 08-240 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement (property clean-up) on private property at 753
Lafond Avenue on September 15 and October 10, 2007 [J0716A1]; weekly garbage
hauling services at 753 Lafond Avenue on October 18 and 24, 2008 [J0717G1]; and
summary abatement (property clean-up) on private property at 640 Victoria Street South
on October 23, 2007 [J0717A1]. (Laid over from February 5) (Legislative Hearing
Officer recommends the following:
753 Lafond Avenue (J0716A1) - delete the assessment;
753 Lafond Avenue (J0717G1) - approve the assessments; and
640 Victoria Street South (J0717A1) - recommendation is forthcoming laid over to the
March 19 Council Public Hearing)
Marcia Moermond, Legislative Hearing Officer, presented her staff report and requested
property at 640 Victoria Street South be laid over to March 19.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
68. Resolution Ratifying Assessment – 08-241 – In the matter of assessment of benefits, cost,
and expenses for summary abatement (property cleanup) on private property at 728 Van
Buren Avenue (J0718A2). (Legislative Hearing Officer's recommendation is
forthcoming) (Legislative Hearing Officer recommends approving the assessment)
March 5, 2008 City Council Summary Minutes Page 16
Marcia Moermond, Legislative Hearing Officer, presented her staff report stating the
owner did not appear at the Legislative Hearing. She recommended the resolution be
approved.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted Yeas – 6 Nays - 0
69. Resolution Ratifying Assessment – 08-242– In the matter of the assessment of benefits,
cost, and expenses for summary abatements (graffiti removal) on private properties from
November 21 to December 17, 2007 [J0710P]; demolition of vacant buildings during
December 2007 [J0715C]; summary abatements (property cleanup) on private properties
from November 30 to December 14, 2007 [J0720A]; weekly garbage hauling services
from December 3 to December 14, 2007 [J0720G]; and boarding-up at 1539 Minnehaha
Avenue East in September 2007 [J0708B1]. (Legislative Hearing Officer recommends
the following:
519 Edmund Avenue (J0720G) - approve the assessment;
687 Edmund Avenue (J0720G) - approve the assessment;
742 Lafond Avenue (J0720G) - approve the assessment;
1075 Matilda Street (J0720G) - approve the assessment and spread the payments over two
(2) years; and
1031 Payne Avenue (J0720A) - approve the assessment)
Additional address:
603 Edmund Avenue (J0720G) - referred back to the March 18 Legislative Hearing and
the April 2 Council Public Hearing.
Marcia Moermond, Legislative Hearing Officer, presented her staff report and requested
that 603 Edmund Avenue be referred to the March 18 Legislative Hearings and the April
2 City Council public hearings.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
70. Resolution Ratifying Assessment – 08-243 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement for excessive consumption of inspection
services for property code violations billed from August 2 to September 26, 2007
[J0707E]; summary abatements (graffiti removal) on private properties from December
17 to 28, 2007 [J0711P]; summary abatements (property clean-ups) on private properties
from December 12 to 29, 2007 [J0721A]; weekly garbage hauling services from
March 5, 2008 City Council Summary Minutes Page 17
December 17 to 28, 2007 [J0721G]; and demolition of vacant buildings during December
2007 [J0716C]. (Legislative Hearing Officer recommends the following:
106-110 Acker Street East (J0707E) - approve the assessment;
1712 Blair Avenue (J0707E) - approve the assessment;
1026 Case Avenue (J0707E) - delete the assessment;
572 Earl Street/1059 Fourth Street East - (J0721A) - approve the assessment;
687 Edmund Avenue (J0721G) - delete the assessment;
360 Fuller Avenue (J0721A) - approve the assessment;
875 Howell Avenue North (J0707E) - delete the assessment
30 Irvine Park (J0707E) - approve the assessment delete the assessment;
1852 James Avenue (J0707E) - delete the assessment;
1075 Matilda Street (J0707E) - approve the assessment;
1075 Matilda Street (J0721G) - approve the assessment and spread the payments over two
(2) years;
270 Page Street East (J0707E) - laid over to the March 11 Legislative Hearing and the
March 19 City Council Hearing;
1194 Ross Avenue (J0707E) - delete the assessment;
775 Sherburne Avenue (J0721A) - delete the assessment;
693 Surrey Avenue (J0721A) - approve the assessment; and
526 Thomas Avenue (J0721A) - approve the assessment;
270 Topping Street (J0707E) - delete the assessment; and
630 White Bear Avenue (J0721A) - reduce the assessment from a total of $150 to a total
of $75.)
Marcia Moermond, Legislative Hearing Officer, presented her staff report and said
Councilmember Thune had requested the assessment for 30 Irvine Park be deleted.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays - 0
71. Appeal of William Darlow and Susan Peterson to a Summary Abatement Order for
property at 318 Atwater Street. (Legislative Hearing Officer recommends granting an
extension to repair the garage to March 31 provided a permit is pulled to do the work by
Friday, February 29. If a permit is not pulled, recommend granting an extension to March
7.)
Marcia Moermond, Legislative Hearing Officer, presented her staff report stating she
does not have any follow-up information on this property. After some discussion there
was agreement that she will provide follow-up information to Councilmember Helgen.
March 5, 2008 City Council Summary Minutes Page 18
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and to grant the appeal.
Appeal granted (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
Councilmember Carter moved to adjourn the meeting. Yeas – 6 Nays – 0
ADJOURNED at 6:38 PM.
ATTEST:
_______________________ ___________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ____May 7, 2008_____________
Pattie Kelley Minutes approved by Council