Minutes 4-02-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 2, 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 – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Thune
Absent – 0
CONSENT AGENDA (Items 1 - 24)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A
COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Councilmember Carter moved approval of the Consent Agenda
Adopted Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Connie J. Anderson, Richard J. Cohen (for Gregory Cook, Jr.), Dorothy J.
Jones, and Natasha Murphy.
Referred to Risk Management
2. Summons and Complaint in the matter of The Coalition to March on the RNC and Stop
the War vs. the City of Saint Paul, et al.
Referred to the City Attorney’s Office
3. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on April 16, 2008 to consider the petition of CHS, Inc. to
vacate platted right-of-way between Alabama Street and the Mississippi River on a
portion of Wyandotte Street in order to give the petitioner private access to storage tanks
now encroaching in public right-of-way.
April 2, 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 April 16, 2008 to consider the petition of River Run
Properties, LLC to vacate street rights in part of unimproved Mechanic Avenue west of
Barclay Street in order to consolidate property for redevelopment. (This is a second
hearing for the same property which was held on March 5, 2008)
5. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on April 16, 2008 to consider the petition of Saint Paul’s
United Church of Christ to divert City park land abutting 880 and 900 Summit Avenue
for a private driveway access across Summit Avenue, and to authorize City officials to
enter into an agreement with the property owner for construction and use of the driveway.
6. Letter from the Office of the City Attorney announcing a rescheduled Administrative
Hearing on April 11, 2008 at 9:30 a.m. in Room 40A City Hall/Courthouse, concerning
all licenses held by Richard A. DeFoe Enterprises, Inc., d/b/a Club Cancun, 1638 Rice
Street.
7. Administrative Orders:
D002705 Authorizing Library officials to expend funds received from The Friends
of the Saint Paul Public Library for recognition ceremonies for adult and
youth volunteers.
D002706 Approving a budget revision in the Department of Safety and Inspections
to cover a 2007 year-end variance in the Truth-in-Sale of Housing activity
30250.
On file in the City Clerk’s Office
FOR ACTION
8. Approval of minutes of February 6 and 13, 2008.
Adopted Yeas – 7 Nays – 0
9. Resolution – 08-323 – Requesting the Administration insure that the public areas of the
City Hall Annex on the Skyway level be open from 6:00 a.m. to 2:00 a.m. seven days per
week.
Adopted Yeas – 7 Nays – 0
10. Resolution – 08-324 – Reimbursing a candidate for transportation and lodging costs
incurred for a final interview.
Adopted Yeas – 7 Nays – 0
April 2, 2008 City Council Summary Minutes Page 3
11. Resolution – 08-325 – Approving payment in the amount of $35,000.00 to Cash-N-Pawn
of Minnesota, Ltd. and Pawn America Minnesota, LLC, and their attorney, in full
settlement of their claim against the City of Saint Paul.
Adopted Yeas – 7 Nays – 0
12. Resolution – 08-326 – Authorizing the City to submit the 2008 Consolidated Plan to the
United States Department of Housing and Urban Development (HUD).
Adopted Yeas – 7 Nays – 0
13. Resolution – 08-327 – Authorizing the Division of Parks and Recreation to accept
donations for the 2007 Amenity Donation Program.
Adopted Yeas – 7 Nays – 0
14. Resolution – 08-328 – Accepting the Dedication of Easement for right-of-way purposes,
given by the University of Saint Thomas, along Cretin Avenue as requested by Saint Paul
Public Works.
Adopted Yeas – 7 Nays – 0
15. Resolution – 08-329 – Amending Council File 07-731 and authorizing the proper City
officials to appropriate excess funds based upon a grant received from the State Historical
Society for expenses incurred by the HPC Commissioners attending the Historic
Preservation National Conference on October 2-6, 2007.
Adopted Yeas – 7 Nays – 0
16. Resolution – 08-330 – Waiving the 45-day notification requirement and approving on-
sale malt (strong) and on-sale wine licenses to the Highland Café and Bakery, 2012 Ford
Parkway.
Adopted Yeas – 7 Nays – 0
17. Resolution – 08-331 – Approving the application with conditions, per the Legislative
Hearing Officer, for an Auto Repair Garage license by Heartland Automotive Services,
Inc., d/b/a Jiffy Lube #788, 384 White Bear Avenue North.
Adopted Yeas – 7 Nays – 0
18. Resolution – 08-332 – Amending Council File 08-242 to approve the assessment and
spread the payments over five (5) years for property cleanup at 603 Edmund Avenue.
Adopted Yeas – 7 Nays – 0
19. Resolution – 08-333 – Amending Council File 08-128 to reduce the amount of the
assessment from a total of $483.56 to a total of $241.78 for towing abandoned vehicles
from property at 1153 Central Avenue.
Adopted Yeas – 7 Nays – 0
April 2, 2008 City Council Summary Minutes Page 4
20. Resolution – 08-334 – Amending Council File 08-127 to delete the assessment for graffiti
removal at 856 University Avenue West.
Adopted Yeas – 7 Nays – 0
21. Resolution – 08-335 – Amending Council File 08-127 to delete the assessment for graffiti
removal at 1010 Dale Street North.
Adopted Yeas – 7 Nays – 0
22. Resolution – 08-336 – Amending Council File 08-127 to delete the assessment for graffiti
removal at 927 Iglehart Avenue.
Adopted Yeas – 7 Nays – 0
23. Resolution – 08-337 – Amending Council File 08-242 to delete the assessment for graffiti
removal at 469 Sherburne Avenue.
Adopted Yeas – 7 Nays – 0
24. Resolution – 08-338 – Amending Council File 08-242 to delete the assessment for graffiti
removal at 2042 Pinehurst Avenue.
Adopted Yeas – 7 Nays – 0
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FOR DISCUSSION
25. Resolution Ratifying Assessment – 08-339 – In the matter of the assessment of benefits,
cost and expenses for summary abatement (property cleanup) on private property at 299
Avon Street North on October 31, 2007. (Public hearing held and laid over February 20)
(Legislative Hearing Officer recommends approval and spreading the payments over five
(5) years)
Marcia Moermond, Legislative Hearing Officer, said this is a very large assessment and
payments can be spread over ten years and she recommended that option be available.
Councilmember Carter moved approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
April 2, 2008 City Council Summary Minutes Page 5
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.
26. Final Adoption – 08-153 – An ordinance amending Chapter 140 of the Saint Paul
Legislative Code to establish uniform skyway hours. (Substitute introduced February 27;
laid over from March 19 for adoption)
Councilmember Thune introduced a substitute ordinance.
Substitute introduced and laid over to April 9 for final adoption
Yeas – 7 Nays – 0
27. Second Reading – 08-319 – An ordinance memorializing City Council action granting the
appeal of the University of St. Thomas to rezone property at 2076 Grand Avenue from B2
(Community Business) to RM2 (Medium-Density Multiple-Family Residential). [ZF 07-
224-335] (Public hearing held March 5, 2008)
Laid over to April 9 for third reading
28. Second Reading – 08-320 – An ordinance memorializing City Council action granting the
appeal of William Edrington to rezone property at 180 George Street West from RT1
(Two-Family Residential) to RT2 (Townhouse Residential) to legalize a triplex. [ZF 07-
179-179] (Public hearing held March 5, 2008)
Laid over to April 9 for third reading
29. First Reading – 08-340 – An ordinance establishing zoning overlay requirements for the
Central Corridor area to implement the Central Corridor Development Strategy which
was adopted by the City Council as a chapter of the Comprehensive Plan in October
2007.
Laid over to April 9 for second reading
Suspension Item:
Councilmember Helgen moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 08-384 – Opposing the extension of hours of operation for licensed liquor
establishments for the Republican National Convention.
April 2, 2008 City Council Summary Minutes Page 6
Councilmember Helgen stated that the Legislature was currently debating and holding
hearings on a proposal to extend bar hours to 4:00 a.m. during the Republican National
Convention (RNC). Their current proposal is that any community within ten miles of the
Xcel Energy Center would be allowed to be open until 4:00 a.m. It would be approved on
a city-wide basis and not granted to individual license holders and cities could not charge
a fee to cover the costs. Helgen said he was very concerned about this because it was not
part of the proposal that was put forward to both the DFL and Republican conventions.
Also, he said the host committee requested this. There would be an additional cost
associated with this. Assistant Chief Bostrom quoted costs around $500,000.
Councilmember Thune said this will be nothing short of a nightmare; it is not a good
thing to do and is not necessary. A majority of city bars are in residential neighborhoods
and it would not have a good effect.
Lantry also expressed concern and said she’d like to see what the Legislature is going to
do rather than anticipate what they might do. She also suggested crafting language
specifying certain locations, addressing the issue of police expenses, etc. should the
legislation pass. She feels it’s a little premature for the Council to take a stand on the
issue.
Helgen felt a stand should be taken now because the bill is coming up soon. Thune also
felt a stand should be taken now so the Legislature knows where the City stands.
Carter said he felt there could be a contingency where this could be controlled if there is a
special license involved for people who haven’t violated their existing license.
Helgen said the way the current 2:00 a.m. bar closing works is that it’s special legislation
that allows bars to be open if they pay a fee to the State to be open until that time. It has
to be applied uniformly across any license holder and to deny that to any license holder,
an adverse action process would have to happen.
Councilmember Bostrom said this is a huge deal and expressed surprise that the City was
not contacted about the issue. There would be no reimbursement to the City for law
enforcement that would go along with this.
Lantry said if the Legislature would allow the City to recoup their costs it would make a
big difference.
Councilmember Helgen moved approval.
Adopted Yeas – 4 Nays – 3 (Bostrom, Harris, Lantry)
April 2, 2008 City Council Summary Minutes Page 7
The meeting was recessed from 4:00 to 5:30 p.m.
Roll Call – Present – 6 Absent – 1 (Harris – arrived later in the meeting)
Suspension Item:
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0
Resolution – 08-360 – Waiving the 45-day notice requirement and issuing on-sale
(strong) and on-sale wine licenses to Chris Wants Some Too LLC, d/b/a Chris & Rob’s
Chicago’s Taste Authority, 603 West 7th Street.
(Harris arrived)
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
PUBLIC HEARINGS
30. Third Reading – 08-258 – An ordinance amending Chapter 426 of the Saint Paul
Legislative Code to allow small (under 50 seats) venues to have entertainment without a
license.
Council President Lantry moved to introduce a substitute ordinance with a change to
language on line 17. Yeas – 7 Nays – 0
No one appeared in opposition; Councilmember Thune moved to close the public
hearing.
Yeas – 7 Nays – 0
Laid over to April 9 for final adoption
31. Resolution – 08-322 – Approving a budget amendment to Chapter 65 of the Saint Paul
Administrative Code to finance the Downtown Façade Improvement Program. (Laid over
from March 26 for a public hearing)
Lantry amended the resolution on line 8 to add Council File No, 08-188.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval as amended.
Adopted as amended Yeas – 6 Nays – 1 (Harris)
April 2, 2008 City Council Summary Minutes Page 8
32. Resolution – 08-341 – Amending the financing and spending plans in the Division of
Parks and Recreation by adding $290,000.00 for a STAR Grant and STAR Loan as well
as matching funds from the Friends of Baseball for financing the Dunning Field Lighting
Project.
Harris question why the STAR financing pieces are on this resolution and if money is
being taken from existing STAR balances. Margaret Egan, Fiscal Policy Analyst, said
she will follow up on his question to provide an answer.
Councilmember Harris moved to close the public hearing and lay over one week.
Laid over to April 9 Yeas – 7 Nays – 0
33. Resolution – 08-342 – Amending the financing and spending plans in the Police
Department by adding $78,373.00 for a donation received from the Saint Paul Foundation
to purchase shotgun racks for squad cars, miscellaneous supplies for the Child Safety
program, cell phones for forensics, registration and admission fees, uniforms, equipment,
food and all other costs associated with the Police Athletic Program (PAL).
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
34. Resolution – 08-343 – Establishing a financing and spending plan in the Police
Department for a Cold Case Unit Grant received from the United States Department of
Justice in the amount of $259,976.00 for the period of May 1, 2008 through October 31,
2009.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
35. Resolution – 08-344 – Establishing a financing and spending plan in the Police
Department for a Squad Car Camera Technology Grant received from the State of
Minnesota in the amount of $75,000.00 for the period of July 1, 2008 through June 30,
2010.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
April 2, 2008 City Council Summary Minutes Page 9
36. Resolution – 08-345 – Amending the financing and spending plans in the Department of
Public Works by transferring $20,000.00 of CIB funds to a new citywide initiative to
begin testing of LED technology in lighting systems throughout the City.
Helgen requested that feedback be provided to the Council as to where these lights are put
up.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
37. Resolution – 08-346 – Amending the financing and spending plans of the 2006 Sewer
Rehabilitation Program in the Department of Public Works by transferring $300,000.00
from the 2007 Sewer Rehabilitation Program to cover additional contract costs.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
38. Resolution – 08-347 – Approving the petition of the Housing and Redevelopment
Authority to vacate alley rights in the Otto Avenue and Shepard Road block in order to
consolidate property for redevelopment.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
39. Resolution – 08-348 – Approving the petition of Warehouse Rental Company, LLC to
vacate platted alleys and parts of Baker and Hersey Streets, between Capp Road and
Endicott Streets, in order to “cleanup” title work for re-platting.
No one appeared in opposition; Councilmember Stark moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
40. Final Order – 08-349 – In the matter of improving Winifred Street, between Ohio Street
and Hall Avenue, by constructing a standard lantern style lighting system and doing all
other work necessary to complete said lighting improvement. [File No. 19053]
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
April 2, 2008 City Council Summary Minutes Page 10
41. Public hearing to consider the appeal of Robert Orth to a decision of the Board of Zoning
Appeals denying an appeal of orders issued by the Zoning Administrator to de-convert the
house at 1327 Prior Avenue South from an illegal duplex back to a single-family home.
[ZF 07-201373]
John Hardwick, Department of Safety and Inspections (DSI), gave a staff report saying
that in September 2007 in response to a complaint, a DSI inspector inspected this
property. He found an illegal dwelling unit in the garage and a second dwelling unit in
the basement. The property owner was order to remove these two dwelling units. A
follow-up inspection in November, 2007, revealed that the dwelling unit was removed
from the garage but the other one still remained in the basement and Orth was ordered to
remove the basement unit. Orth appealed the order to the Board of Zoning Appeals
(BZA). After a public hearing in February, the BZA denied the appeal.
Robert Orth, owner of 1327 Prior Avenue South, said in 2000 he designed an
entertainment center in his basement and he pulled a permit for an egress window. He
homesteaded it from 2000 to 2003 and then rented the house to four people. It was rented
exclusively as a home to three people or less for the last four years. The basement has
been used as an entertainment center for the past seven years. He talked about the
definition of an illegal duplex. He again stated that the basement has never been lived in.
There is nothing to indicate this is a duplex and it does not fit the category of an illegal
dwelling unit.
Council President Lantry said it was the issue of the second kitchen that comes into play
when defining it as a duplex.
Roy Wendt, neighbor to 1327 Prior Avenue South, stated that Mr. Orth at one time did
rent to St. Thomas’ students. He does not think the people who have lived there were
related which would be against city code.
Councilmember Harris moved to close the public hearing. Yeas – 7 Nays – 0
Councilmember Harris said he feels the BZA and the Zoning Administrator were correct
in ordering to remove the dwelling unit from the basement. However, he believes that the
owner is not using it as a duplex so the BZA’s order to remove the refrigerator, etc. does
not necessarily apply but they were correct in saying it should not be used as a duplex.
The issue being dealt with is whether it’s a single family or a duplex. Under a single-
family structure, there can be four un-related people in a rental unit. If there are issues
going on around the property, he asked that the neighbors call his office. Given the way
the property is structured and being used, Harris said it would be heavy handed to require
that the appliances be removed and then that the duplex determination has been made.
April 2, 2008 City Council Summary Minutes Page 11
Harris mobbed to deny the appeal but modify the Zoning Administrator’s Order to state:
The homeowner is required to place a restrictive covenant on the property stating that the
house will not be used as a duplex and that this covenant be recorded on the deed no later
than 90 days from approval by the City Council.
Motion of Intent – Appeal denied and Zoning Administrator’s Order was modified
Yeas – 7 Nays – 0
42. Resolution – 08-298 – Ordering the owner to remove or repair the building(s) at 1333
Margaret Street within one hundred-eighty (180) days from adoption of resolution.
(Public hearing continued from March 19) (Legislative Hearing Officer recommends
approval)
Marcia Moermond, Legislative Hearing Officer, reported that all of the conditions have
been met and she recommended granting 180 days for rehabilitation of the structure.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing
and approval. Adopted Yeas – 7 Nays – 0
43. Resolution – 08-302 – Ordering the owner to remove or repair the building(s) at 861 St.
Anthony Avenue within fifteen (15) days from adoption of resolution. (Public hearing
continued from March 19) (Legislative Hearing Officer's recommendation is
forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated that all of the plans are together
and she recommended the owner be granted 180 days for rehabilitation of the structure.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted as amended (180 days granted to rehabilitate the building, per the
recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
44. Resolution – 08-350 – Ordering the owner to remove or repair the building(s) at 839
Aurora Avenue within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, requested a one week layover to make
sure that all of the documentation has been received in order to grant the time for
rehabilitation.
April 2, 2008 City Council Summary Minutes Page 12
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and lay over one week,
Public hearing closed and laid over to April 9 Yeas – 7 Nays – 0
45. Resolution – 08-351 – Ordering the owner to remove or repair the building(s) at 282
Baker Street East within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, said the $5,000 performance bond has
not been posted, therefore, she recommended the building be removed within fifteen (15)
days.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval as amended.
Adopted as amended (remove within 15 days with no option for repair, per the
recommendation of the Legislative Hearing Officer)
46. Resolution – 08-352 – Ordering the owner to remove the building(s) at 766 Fuller
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, reported that no vacant building fees
have been paid, no bond has been posted, the code compliance was last done in 2005, and
it was a no-show hearing. Therefore, she recommended removal.
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
47. Resolution – 08-353 – Ordering the owner to remove the building(s) at 772 Fuller
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated there a code compliance
inspection has not been completed but a bond was posted in January. There is not a work
plan or a financial plan. She suggested that the Council may wish to consider it further as
historic preservation staff indicates the building has some historic significance and was
covered in a 1983 survey. However, there does not appear to be an owner forthcoming to
do the rehabilitation.
April 2, 2008 City Council Summary Minutes Page 13
No one appeared in opposition; Councilmember Carter moved to close the public hearing
Yeas – 7 Nays – 0
Councilmember Carter moved approval of the recommendation of Ms. Moermond since
no one is taking responsibility for the property. Also, there have been a number of
summary abatement notices and work orders so it’s clearly a problem property.
Adopted Yeas – 7 Nays – 0
48. Resolution – 08-354 – Ordering the owner to remove or repair the building(s) at 152 King
Street West within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, said there was no owner forthcoming. It
is a building that may have potential; it is more architecturally interesting than historically
significant. It is a building that was paired with on the adjacent parcel. She suggested the
Council may want to have it evaluated for its significance to the neighborhood. However,
Moermond recommended removal within 15 days since none of the normal conditions
have been met.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 7 Nays – 0
Thune suggested laying the matter over a week or two if they wanted to pursue other
options. Moermond suggested a longer lay over so the Historic Preservation
Commission could look at the building. Financing for stabilization possibly doing a
property tax assessment associated with that is more of an involved process. She
suggested an eight week lay over.
Councilmember Thune moved to lay over eight weeks.
Public hearing held, closed and laid over to May 28
Yeas – 7 Nays – 0
49. Resolution – 08-355 – Ordering the owner to remove or repair the building(s) at 1165
Minnehaha Avenue East within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, recommended granting 180 days for
rehabilitation noting that she has seen promising work plans and financials plus all of the
conditions have been met.
No one appeared, in opposition; Council President Lantry moved to close the public
hearing and approval as amended.
April 2, 2008 City Council Summary Minutes Page 14
Adopted as amended (180 day granted to rehabilitate the building, per the
recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
50. Resolution – 08-356 – Ordering the owner to remove the building(s) at 1080 Park Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Marcia Moermond, Legislative Hearing Officer, said at the time her recommendation was
made, she had received no plans, no bond, etc. and it appeared it may not be a successful
rehabilitation. However, the day after her recommendation was made, a new owner came
forward who had development plans so she talked to Councilmember Helgen about it.
She recommended referring the matter back to a Legislative Hearing so the plans can be
reviewed by both Moermond and DSI staff.
Helgen moved to close the public hearing Yeas – 7 Nays – 0
Helgen said with the new owner and the commitment made, he feels they will make an
effort to improve the property. He does not feel 180 days will be necessary but that it will
be a short lease, possibly 30 days, to get it done. Also, he would like to see this be an
owner-occupied property or, if it’s going to be rental, that the owner commit to making
sure that there is a management plan that will be consistent with the multi-housing
standards with background checks.
Helgen moved to refer back to a Legislative Hearing.
Referred back to a Legislative Hearing for plan review and recommendation (per the
recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
51. Resolution – 08-357 – Ordering the owner to remove or repair the building(s) at 682 Sims
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer's recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, reported that all conditions have been
met so she recommended that Council grant 180 days for rehabilitation of the structure.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval as amended.
Adopted as amended (180 days granted for rehabilitation of the building, per the
recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
April 2, 2008 City Council Summary Minutes Page 15
52. Resolution – 08-358 – Ordering the owner to remove the building(s) at 667 and 669
Wells Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, stated that the vacant building fees have
not been paid, the bond has not been posted, and no work plans are forthcoming.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
53. Resolution Ratifying Assessment – 08-359 – In the matter of the assessment of benefits,
costs, and expenses for summary abatements (graffiti removal) on private properties from
January 7 to February 2, 2008 [J0801P]; demolition of vacant buildings during January
2008 [J0802C]; summary abatement (property cleanup) on private properties from
January 14 to 31, 2008 [J0802A]; providing weekly garbage hauling services from
January 17 to January 31, 2008 [J0802G]; and removing diseased elm trees from private
property during the winter season 2007 and 2008 [J0801T]. (Legislative Hearing Officer
recommends the following:
445 Arlington Avenue East (J0802G) – approve the assessment; refer back to a
Legislative Hearing;
951 Case Avenue (J0802A) - reduce the assessment from a total of $230 to a total of
$100;
169 Farrington Street (J0802A) - approve the assessment;
603 Edmund Avenue (J0802G) - approve the assessment;
657 Fourth Street East (J0802G) - delete the assessment;
710 Linwood Avenue (J0802A) - approve the assessment;
726 Linwood Avenue (J0802A) - delete the assessment;
749 Maryland Avenue East (J0802A) - approve the assessment;
1714 Orange Avenue East (J0802A) - approve the assessment;
1999 Randolph Avenue (J0802A) - approve the assessment;
1253 Reaney Avenue (J0802A) - delete the assessment;
1042 Seventh Street East (J0801P) - delete the assessment; and
619 Sims Avenue (J0802A) - approve the assessment)
Additional address:
4 West Belvidere – referred back to a Legislative Hearing
Marcia Moermond, Legislative Hearing Officer, recommended changes as underlined
above.
April 2, 2008 City Council Summary Minutes Page 16
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer
Yeas – 7 Nays – 0
54. Appeal of Jennifer Baluyut to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 955 Jenks Avenue. (Legislative Hearing Officer
recommends denying the appeal and granting an extension to vacate the property to April
4, 2008)
Marcia Moermond, Legislative Hearing Officer, noted that last year Council heard an
appeal of a condemnation at this property and SPRLS had pursued a tenant remedy action
on it. The condition of extending the vacate date on the condemnation was that all of the
corrections be made by June 30. Through a series of “blunders” on the part of city staff,
SMRLS, the court system, etc., the repairs were not completed in a timely fashion and
there were no repercussions for that. When follow-up inspections came through this
spring, the conditions remained pretty much the same and had become worse in some
cases. This is a new condemnation order, although the previous condemnation is still
standing, which says some corrections have to be made to the property before it can be
occupied again. She said the inspection the condemnation was based on was not a
complete certificate of occupancy of the building. It was follow-up on specific
complaints of different parts of the building. She felt a top to bottom inspection of the
building was necessary. If the appeal is granted, there will not be a requirement that the
entire building be code compliant for there to be continued occupancy. If the appeal is
denied, it would have to be entirely code compliant in order to be occupied.
The specific violations included in the complaint specific inspection were a door lock, a
bad floor, and rodent infestation. It does not mean other violations don’t exist but those
were the ones investigated in the complaint. There were significant problems with smoke
detectors but that was rectified by the completion of the last inspection, three weeks ago.
The most significant problem was a soft spot in the kitchen floor and there appeared to be
significant rotting of the joists. The corrections that have been made to the floor will
suffice but if anything further needs to be done, there may need to be a complete
rebuilding of the supporting beams for the floor. She feels a complete inspection should
be done.
Jennifer Baluyut, property owner, said they are in the process of repairing the building.
They are determining the cost of fixing the floor joists but she said she needs more time
to do an evaluation. The tenant on the first floor would like to stay while the work is
being done.
April 2, 2008 City Council Summary Minutes Page 17
The work did not get done earlier due to weather conditions. She asked for additional
time to complete the work.
Councilmember Bostrom moved to close the public hearing Yeas – 7 Nays – 0
Bostrom said he felt the Council has been quite generous in the time they have given to
rehab this property. He moved to deny the appeal and grant an extension to April 4 to
vacate the property.
Appeal denied and extension granted to April 4, 2008 to vacate the property.
Yeas – 7 Nays – 0
55. Appeal of Sean Savage to a Vehicle Abatement Order for property at 701 Montana
Avenue East. (Legislative Hearing Officer’s recommendation is forthcoming)
Marcia Moermond, Legislative Hearing Officer, stated that the Legislative Hearing was
rescheduled and no one appeared at the hearing on April 1. Therefore, she recommended
the appeal be denied.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and deny the appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
Councilmember Thune moved to adjourn the meeting. Yeas – 7 Nays – 0
ADJOURNED at 6:30 P.M.
ATTEST:
______________________ ____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ____May 14, 2008 ____________
Mary Erickson Minutes approved by Council
April 2, 2008 City Council Summary Minutes Page 18
ADJOURNED at XXXX P.M.
ATTEST:
_____________________________ ____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ____________________________
Mary Erickson Minutes approved by Council