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Minutes 4-16-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 16, 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.ci.stpaul.mn.us/council and click on Watch the Live Webcast The meeting was called to order at 3:33 p.m. by Council President Lantry. Present – 6 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Absent – 1 – Thune (arrived after the consent agenda) CONSENT AGENDA (Items 1 – 18) 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. It was noted that Item 8 will be laid over to April 23, Item 10 will be removed from the Consent Agenda to be considered with its companion Item 30 at the Public Hearing, and Item 15 was withdrawn with a public hearing scheduled for May 7 to consider adverse action. Councilmember Bostrom moved approval of the Consent Agenda as amended. Adopted as amended Yeas – 6 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Linda L Bechtold, Edward L. House, and Suzanne R. Metz. Referred to Risk Management 2. Letters from the Department of Safety and Inspections declaring 23 Acker Street West, 686 Charles Avenue, 651 Hawthorne Avenue East, 707 Hawthorne Avenue East, 714 Hawthorne Avenue East, 92 Magnolia Avenue West, 276 Nugent Street, 326 Robie Street East, 261 and 263 Sherburne Avenue, 500 Sherburne Avenue, 650 Sims Avenue, and 696 Sims Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) April 16, 2008 City Council Summary Minutes Page 2 FOR ACTION 3. Resolution – 08-361 – Approving the January 1, 2008 through December 31, 2010 Collective Bargaining Agreement between the City and the International Union of Elevator Constructors, Local 9. (Laid over from April 9 for adoption) Adopted Yeas – 6 Nays – 0 4. Resolution – 08-362 – Approving the January 1, 2008 through December 31, 2010 Labor Agreement between the City of Saint Paul and the Saint Paul Manual and Maintenance Supervisors Association. (Laid over from April 9 for adoption) Adopted Yeas – 6 Nays – 0 5. Resolution – 08-363 – Approving the January 1, 2008 through December 31, 2010 Collective Bargaining Agreement and Memorandum of Agreement regarding On Call between the City of Saint Paul and the Professional Employees Association, Inc. (Laid over from April 9 for adoption) Adopted Yeas – 6 Nays – 0 6. Resolution – 08-364 – Approving the January 1, 2008 through December 31, 2010 Memorandum of Agreement between the City of Saint Paul and the International Association of Machinists #77 regarding retiree health insurance benefits. (Laid over from April 9 for adoption) Adopted Yeas – 6 Nays – 0 7. Resolution – 08-388 – Adjusting the rates of pay for various seasonal titles in the Special Employment Salary Schedule, Employee Group 99. Adopted Yeas – 6 Nays – 0 8. Resolution – 08-389 – Adjusting the rates of pay for various aquatics titles in the AFSCME Technical Salary Schedule, Bargaining Unit 02. Laid over to April 23 9. Resolution – 08-390 – Authorizing the Mayor’s Office to accept a donation in the amount of $50,000 from the Travelers Foundation for operating support for the City of Saint Paul’s AmeriCorps* VISTA national service program. Adopted Yeas – 6 Nays – 0 April 16, 2008 City Council Summary Minutes Page 3 11. Resolution – 08-392 – Memorializing City Council action taken denying the appeal of Robert Orth, and modifying the Zoning Administrator’s Order, 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] Adopted Yeas – 6 Nays – 0 12. Resolution – 08-393 – Authorizing the Division of Parks and Recreation to enter into an agreement with AMB Institutional Alliance Fund II to use part of their property for vehicle parking during Saint Paul Saints home games and stadium events in 2008. Adopted Yeas – 6 Nays – 0 13. Resolution – 08-394 – Authorizing the proper City officials to apply for grant funding from the National Scenic Byways Committee (federal government) for natural resource and vista management of the Great River Road National Scenic Byway. Adopted Yeas – 6 Nays – 0 14. Resolution – 08-395 – Waiving the 300 foot distance requirements between a church and a liquor establishment, and granting On-Sale Liquor 100 Seats, On-Sale Liquor Sunday, and Liquor Outdoor Service Area – Patio licenses to Cossetta’s Inc., d/b/a Cossetta’s, 211 West Seventh Street. Adopted Yeas – 6 Nays – 0 15. Resolution – 08-396 – Approving adverse action against all licenses held by WHT, Inc., d/b/a American Sport Café – Playground, 2554 Como Avenue. Withdrawn (public hearing will be held May 7 concerning adverse action) 16. Preliminary Order – 08-397 – In the matter of constructing an above-standard globe style street lighting system on the west side of Broadway Street, the east side of Wall Street, and the north side of Kellogg Boulevard [File No. 19054], and in the matter of the operation costs of the above-standard street lighting system for 2008 for the above project [File No. 19055], and setting date of public hearing for May 7, 2007. Adopted Yeas – 6 Nays – 0 17. Preliminary Order – 08-398 – In the matter of constructing an above-standard twin lantern style street lighting system on the south side of Marshall Avenue and the east side of Cleveland Avenue [File No. 19056], and in the matter of the operation costs of the above-standard street lighting system for 2008 for the above project [File No. 19057], and setting date of public hearing for May 7, 2008. Adopted Yeas – 6 Nays – 0 April 16, 2008 City Council Summary Minutes Page 4 18. Preliminary Order – 08-399 – In the matter of constructing an above-standard globe style street lighting system on the west side of Broadway Street, the east side of Wall Street, and the north side of Sixth Street [File No. 19058], and in the matter of the operation costs of the above-standard street lighting system for 2008 for the above project [File No. 19059], and setting date of public hearing for May 7, 2007. Adopted Yeas – 6 Nays – 0 FOR DISCUSSION 19. Resolution – 08-400 – Honoring recipients of the 2008 Sustainable Saint Paul Awards. Councilmember Helgen stated it is very important to acknowledge the work around the City and he is very impressed with the recipients and the quality of work shown. Council President Lantry introduced Mayor Coleman who, along with members of the Council, presented the Second Sustainable Saint Paul Awards as follows: Energy Efficiency Award to Macalester College; Water Quality or Conservation Award to Saint Paul Parks and Recreation Department – Environmental Services Staff; Transportation Options to Saint Paul Classic Bike Tour; Commercial Green Building Design to Gordon Parks High School; Waste Reduction and Recycling to Como Park Zoo and Conservatory; Green Spaces Award to Community of Peace Academy; Environmental Education and Awareness Award to Eco Education; Youth Leadership Award to the Como Park High School ‘Greeneyez’ Environmental Club; and the Sustainable City Staff presented to Larry Zangs with the Department of Safety and Inspections. Helgen thanked the Mayor, Ann Hunt and City staff for their work on this issue, and he moved approval of the resolution. Adopted Yeas – 7 Nays – 0 20. Resolution – 08-356 – Ordering the owner to remove the building(s) at 1080 Park Street within fifteen (15) days from adoption of resolution. [Public hearing closed and referred back to a Legislative Hearing on April 2] (Legislative Hearing Officer’s recommendation is forthcoming) Steve Magner, Department of Safety and Inspection/Code Enforcement, presented a staff report. Councilmember Helgen moved approval of an amended resolution granting 45 days to remove or repair the building with a report to be presented to the Council should an extension be required. April 16, 2008 City Council Summary Minutes Page 5 Adopted as amended (45 days granted to remove or repair the building) Yeas – 7 Nays – 0 Councilmember Harris introduced Cub Scout Troop 245 and welcomed them to the City Council meeting, Councilmember Carter moved to recall Resolution 08-341, adopted April 9, 2008. Yeas – 7 Nays – 0 Resolution – 08-341 – Amending the financing and spending plans in the Division of Parks and Recreation by adding $290,000 for a STAR Grant and STAR Loan as well as matching funds from the Friends of Baseball for financing the Dunning Field Lighting Project. (Adopted April 9) Councilmember Carter introduced a substitute resolution stating it explains contributions by the Friends of Baseball and clarifies remaining project financing. Substitute resolution adopted Yeas – 7 Nays – 0 ORDINANCES NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. PUBLIC HEARINGS ON ORDINANCES ARE HELD AT THE THIRD READING. 21. Final Adoption – 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] Councilmember Stark moved approval. Adopted Yeas – 7 Nays – 0 22. Final Adoption – 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] Councilmember Thune moved approval. Adopted Yeas – 7 Nays – 0 23. Second Reading – 08-381 – An ordinance amending Chapter 376 of the Saint Paul Legislative Code to allow licensed taxi drivers from other cities to pick up in Saint Paul under certain conditions. Laid over to May 7 for third reading/public hearing April 16, 2008 City Council Summary Minutes Page 6 24. Second Reading – 08-382 – An ordinance amending Chapter 376 310 of the Saint Paul Legislative Code to outline fees for reciprocity event taxi licenses. Council President Lantry moved to amend the ordinance to correct language on Line 8 to read “Section 310.18.” Lantry moved approval. Helgen raised a question regarding the history of why taxis are licensed by each city and not regionally, and he requested Council staff prepare a summary that outlines the history and reason for city licenses rather than regional licenses. Amended ordinance laid over to May 7 for third reading/public hearing. Yeas – 7 Nays – 0 25. Second Reading – 08-383 – An ordinance amending Chapter 40 of the Saint Paul Legislative Code to adjust the inspection points allocated to one and two family dwellings under Fire Certificate of Occupancy Classification System. Laid over to May 7 for third reading/public hearing The meeting was recessed from 4:15p.m. to 5:30 p.m. Present – 6 – Carter, Harris, Helgen, Lantry, Stark, Thune Absent – 1 – Bostrom (arrived later in the meeting) PUBLIC HEARINGS 27. Resolution – 08-401 – Accepting grants in the amount of $955,000 from the McKnight, Saint Paul, Bigelow, and Knight Foundations for the City’s Central Corridor work, defining a budget for expenditure of the grant funds, and moving the financing and spending activities of the project from a single-year to a multi-year fund. Donna Drummond, Planning and Economic Development, presented a staff report. No one appeared in opposition; Councilmember Stark moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 28. Resolution – 08-402 – Approving the application of the Minnesota Swarm, represented by Emily Gausman, Marketing Manager, for a sound level variance in order to present live music, with limitations, on April 19, 2008 from 9:00 p.m. to 11:30 p.m. at 150 Kellogg Boulevard. April 16, 2008 City Council Summary Minutes Page 7 No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 29. Resolution – 08-403 – Establishing a financing and spending plan in the amount of $100,000 in the Mayor’s Office for a two-year grant received from the Department of Energy to administer a Solar America Cities Grant in the amount of $200,000. Anne Hunt, Mayor’s Office, appeared and stated only twenty-five cities were selected by the Department of Energy to receive this grant, and that Saint Paul made a joint application with the City of Minneapolis and received this grant. No one appeared in opposition; Councilmember Helgen moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 30. Resolution – 08-404 – Amending the financing and spending plans of the General Fund in the Police Department by adding $771,000 for the 2008 Police Cars Capital lease Agreement. (Companion to Item No. 10) This resolution is a companion to the following resolution, 08-391. Council President Lantry referred to a substitute resolution which explains language as part of the resolution. Councilmember Helgen reiterated his concern of using STAR dollars for this project as this is not a permanent financial sourced. Councilmember Thune moved to close the public hearing and approval of the substitute resolution. Substitute resolution adopted Yeas – 6 Nays – 0 10. Resolution – 08-391– Authorizing the execution and delivery of a 2008 Capital Lease Agreement and related documents for the purchase of 36 Police vehicles. (Companion to Item No. 30) No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 (Councilmember Bostrom arrived) April 16, 2008 City Council Summary Minutes Page 8 26. Third 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. Councilmember Stark moved to introduce a substitute ordinance with proposed alternative language for Section 67.706(a). Yeas – 7 Nays – 0 Donna Drummond, Planning and Economic Development, appeared and explained the substitute language includes a provision to building regulations which she explained in detail. Upon question of Councilmembers, Stark said the overlay is the first step regarding development along University Avenue. Councilmember Helgen referred to current action taken by Governor Pawlenty that affects the Central Corridor project and expressed concern with those actions as well as for the project. Councilmember Carter agreed that recent action taken by the Governor is unfortunate, but he stressed they are still in Session and he believes it is important for the City to move forward with the overlay. A gentleman by the name of Jerome appeared in opposition and stated he was representing Tracie Sorum who owns a business at 443 University Avenue. He expressed concern about parking and said he opposed the entire Central Corridor project. Paula Maccabee appeared representing the owners of Midway Center and said while they are not in opposition, they do have concerns. She said the light rail does give a sense for investment but if the City does not get light rail, she believes the overlay would be a bad decision. She suggested the ordinance be laid over until such time that it’s known whether or not there will be light rail. She said both City staff and the Planning Commission have worked hard with her clients concerns, but they would like more time to come up with proper language for a clear objective. Helgen requested copies of any communication Ms. Maccabee submitted to the Governor regarding his current action. Maccabee said Susan Kimberly with the St. Paul Area Chamber of Commerce, who was present at the meeting, could better address this issue. Ultan Duggan, owner of property at 1447-1455 University Avenue, appeared. He said he believes light rail will help large businesses along the Avenue but not the smaller April 16, 2008 City Council Summary Minutes Page 9 businesses. He spoke in support of the suggestion this issue be laid over due to the Governor’s recent veto. Anne White, 1731 Portland Avenue, appeared and spoke in support of the ordinance. She said she is on the Task Force for the vision of University Avenue and huge investments have been made. She encouraged the interim zoning be kept in place. Ms. White stated the Task Force sent a letter to Governor Pawlenty insisting he pass the Central Corridor before the end of Session. Brian McMahon, University United, appeared and spoke in support of the ordinance which he believes is a very important step. He noted that not all development will hinge on the light rail and referred to developments on University Avenue not related to light rail. He said as it is now the overlay has been on a case-by-case basis and adopting this ordinance will provide clarity. Susan Kimberly, St. Paul Area Chamber of Commerce, appeared and spoke in support of the ordinance. She said she is aware of the hard work City staff have put into this issue, but did ask for a sunset date in order to go back to the table for further discussion. Helgen said he is very concerned with the Governor’s veto and that the light rail is now moving in the wrong direction. He requested Susan Kimberly provide him with copies of any correspondence sent by the Chamber to the Governor pertaining to his recent veto. (Councilmember Harris was excused for the remainder of the meeting) Susan Kimberly responded that the number one priority of the Chamber is the light rail and that the Chamber’s message to State leaders is to work this issue out during the Session and get it funded. She stated she was present at the Council meeting on behalf of the President and Director of the Chamber’s Central Corridor Partnership who is in Washington, DC working on this delay and to make sure it goes forward this year. She said she was not privy to any specific correspondence sent to the Governor by the Chamber. Councilmember Stark moved to close the public hearing. Yeas – 6 Nays – 0 After some discussion, Stark said the Council needs to move forward to ensure there is no gap between the current and pending overlay and he was not willing to lay this matter over. Substitute ordinance laid over to April 23 for final adoption. Yeas – 5 Nays – 0 (Bostrom not present) April 16, 2008 City Council Summary Minutes Page 10 Councilmember Carter said he is committed to the Central Corridor and light rail projects, but he expressed concern that the overlay does not address all issues. 31. Resolution – 08-405 – Amending the financing and spending plans in the Division of Parks and Recreation to provide spending authority in 2008 for carry-over funding received in 2007, to enter into a cooperative agreement with the Capital Region Watershed District (CRWD), to receive funding for a natural resources intern, and to receive funding for project support services from the CRWD. No one appeared in opposition; Councilmember Helgen moved to continue the public hearing to May 7. Public hearing continued to May 7 Yeas – 6 Nays - 0 33. Resolution – 08-407 – Approving 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. No one appeared in opposition, and Councilmember Thune moved the public hearing be closed and the resolution adopted. Adopted Yeas – 5 Nays – 0 (Helgen not present) 34. Resolution – 08-408 – Approving 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. Lantry noted Line 19 of the resolution reads ‘seat’ and will be amended to read ‘east’ and she moved the resolution be amended for that change. Adopted Yeas – 6 Nays – 0 No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval of the amended resolution. Adopted as amended Yeas – 6 Nays – 0 35. Resolution – 08-409 – Approving 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. Bruce Engelbrekt, Department of Public Works, presented a staff report noting this item was before the Council in March and denied at that time due to questions pertaining to April 16, 2008 City Council Summary Minutes Page 11 proposed use of the property. Since that time, the petitioner has met with abutting property owners and issues have been resolved. Jackie Wegwerth, 1434 Mechanic Avenue, appeared and at her question Engelbrekt explained the termination of street vacation. Kevin Krause, River Run Properties, appeared stating he has met with the neighborhood group and issues have been resolved. Councilmember Bostrom moved the public hearing be closed. Yeas – 6 Nays – 0 Bostrom said the District Council again turned down this request to vacate street rights and the issue is that the petitioner is not building on this property but rather after the vacation will sell the property. District 2 has talked with the petitioner and requested a two week layover. Bostrom moved to lay over to May 7. Laid over to May 7 Yeas – 6 Nays – 0 36. Final Order – 08-410 – In the matter of constructing new sidewalk on the south side of Cottage Avenue East from Germain Street to Kennard Street and the east side of Germain Street from Ivy Avenue East to Cottage Avenue East. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 37. Resolution Ratifying Assessment – 08-411 – In the matter of the assessment of benefits, cost and expenses for Tenant Remedy Action payment at 880 Wilson Avenue in January 2008. [TR0801]. No one appeared in opposition; Council President Lantry moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 38. Public hearing to consider the application of CSLK LLC to rezone property at 647 Victoria Street South, northwest corner at 7th Street, from R4 One-Family Residential to RM2 Medium-Density Multiple Family Residential in order to convert the existing residence to a duplex. [ZF 08-032-016] No one appeared in opposition; Councilmember Thune moved to close the public hearing and to grant the application. April 16, 2008 City Council Summary Minutes Page 12 Application granted Yeas – 6 Nays – 0 39. Public hearing to consider the application of TC Habitat for Humanity (Mike Nelson) to rezone property at 1611 Case Avenue, between Herbert Street and Germain Court, from L1 Light Industrial to R4 One-Family Residential. [ZF 08-031-543] Luis Pereira, Department of Planning and Economic Development, presented a staff report. Mike Nelson, Twin Cities Habitat for Humanity, appeared and said he has been working with City staff on this issue for many years. This is a former dump site that has been cleaned up with a grant received from Ramsey County. They are building a six-unit town home with construction to begin in the fall. Stan Nelson, 1597 York, appeared in opposition stating there are so many empty properties and properties in foreclosure on the East Side and building this town home is not accomplishing a resolution to this issue. Councilmember Bostrom moved to close the public hearing. Yeas – 6 Nays – 0 Bostrom said that Mr. Nelson made a very good point as there are over 1,700 vacant buildings on the East Side. He further said Habitat is a great custodian of properties they own and continue working with the families to teach them how to take care of their properties. Bostrom moved to grant the application. Application granted Yeas – 6 Nays – 0 40. Resolution – 08-412 – Ordering the owner to remove or repair the building(s) at 951-953 Desoto Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer’s recommendation is forthcoming) Steve Magner, Department of Safety and Inspections, presented a staff report and the recommendation of the Legislative Hearing Officer. No one appeared in opposition; Councilmember Thune moved to continue the public hearing to May 7. Public hearing continued to May 7 Yeas – 6 Nays – 0 April 16, 2008 City Council Summary Minutes Page 13 41. Resolution – 08-413 – Ordering the owner to remove or repair the building(s) at 21 Douglas Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Steve Magner, Department of Safety and Inspection, gave a staff report and the recommendation of the Legislative Hearing Officer that 120 days be granted for the owner to remove or repair the building. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval as amended. Adopted as amended (120 days granted to remove or repair the building, per the recommendation of the Legislative Hearing Officer) Yeas – 6 Nays – 0 42. Resolution – 08-414 – Ordering the owner to remove or repair the building(s) at 22 Douglas Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends referring this matter back to the April 29 Legislative Hearing and continuing the Public Hearing to May 7) Steve Magner, Department of Safety and Inspections, presented a staff report and the recommendation of the Legislative Hearing Officer. No one appeared in opposition; Councilmember Thune moved to continue the public hearing to May 7. Public hearing continued to May 7 Yeas – 6 Nays – 0 43. Resolution – 08-415 – Ordering the owner to remove or repair the building(s) at 1775 Field Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Steve Magner, Department of Safety and Inspections, presented a staff report and the recommendation of the Legislative Hearing Officer to amend the resolution. No one appeared in opposition. Council President Lantry noted that Councilmember Harris had been excused. She moved approval of the resolution, per the recommendation of the Legislative Hearing Officer, and said she will inform Harris of this action. Adopted as amended (30 days granted to remove or repair the building, per the recommendation of the Legislative Hearing Officer. Yeas – 6 Nays – 0 April 16, 2008 City Council Summary Minutes Page 14 32. Resolution – 08-406 – Authorizing the Department of Planning and Economic Development to accept grants from the Department of Employment and Economic Development for the Frogtown SQ/Dale Street Village on University Avenue and Farmers Market Sites. No one appeared in opposition. Councilmember Carter explained how the grant will be utilized, and he moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 44. Resolution – 08-416 – Ordering the owner to remove the building(s) at 283 Forbes Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Steve Magner, Department of Safety and Inspections, presented a staff report. . No one appeared in opposition; Councilmember Thune moved to continue the public hearing to June 4 Yeas – 6 Nays - 0 45. Resolution – 08-417 – Ordering the owner to remove or repair the building(s) at 60 George Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends referring this matter back to the May 13 Legislative Hearing and continuing the City Council Public Hearing to May 21) Steve Magner, Department of Safety and Inspections, presented a staff report. No one appeared in opposition; Councilmember Thune moved to continue the public hearing to May 21. Yeas – 6 Nays - 0 46. Resolution – 08-418 – Ordering the owner to remove the building(s) at 426 Minnehaha Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Steve Magner, Department of Safety and Inspections, presented a staff report. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 April 16, 2008 City Council Summary Minutes Page 15 47. Resolution – 08-419 – Ordering the owner to remove or repair the building(s) at 667 Sims Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends referring this matter back to the April 29 Legislative Hearing and continuing the Public Hearing to May 7) Steve Magner, Department of Safety and Inspections, presented a staff report. No one appeared in opposition; Councilmember Bostrom moved to continue the public hearing to May 7. Laid over to the April 29 Legislative Hearings and public hearing continued to the May 7 City Council meeting (per the recommendation of the Legislative Hearing Officer) Yeas – 6 Nays – 0 48. Resolution – 08-420 – Ordering the owner to remove the building(s) at 254 Winifred Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Steve Magner, Department of Safety and Inspections, presented a staff report. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted (per the recommendation of the Legislative Hearing Officer) Yeas – 6 Nays – 0 49. Appeal of Shanta White to a Certificate of Occupancy Revocation, which includes Condemnation, for property at 653 Burr Street #1. (Legislative Hearing Officer recommends denying the appeal and allowing access to the building between 8:00 a.m. to 8:00 p.m. through April 17, 2008) Steve Magner, Department of Safety and Inspections, presented a staff report noting the Legislative Hearing Officer recommends denying the appeal with access limitations. No one appeared in opposition; Councilmember Thune moved to close the public hearing and deny the appeal per the recommendation of the Legislative Hearing Officer. Appeal denied and access allowed to the building between 8:00 a.m. to 8:00 p.m. through April 17, 2008. Yeas – 6 Nays – 0 April 16, 2008 City Council Summary Minutes Page 16 50. Appeal of Kim Yang Bailey to a Certificate of Occupancy Deficiency List, which includes Condemnation, for property at 370 Aurora Avenue. Withdrawn 51. Appeal of Kevin C. Moore to a Summary Abatement Order for property at 895 Wakefield Avenue. (Legislative Hearing Officer's recommendation is forthcoming) Steve Magner, Department of Safety and Inspections, presented a staff report and explained the Legislative Hearing Officer’s recommendation. He noted that the appellant had been present earlier but had to leave. No one appeared in opposition; Council President Lantry moved to close the public hearing and approval of the recommendation of the Legislative Hearing Officer. She further asked staff to monitor this property to make certain no one is living there as it is a very dangerous structure. Appeal denied and extension granted to April 25 provided the necessary permits are pulled, the vacant building fees are paid, and the registration form is completed. If there is no compliance, the entire first floor of the building will be boarded (per the recommendation of the Legislative Hearing Officer) Yeas – 6 Nays – 0 Councilmember Thune moved to adjourn the meeting. Yeas – 6 Nays – 0 ADJOURNED at 7:25 P.M. ATTEST: ______________________ ___________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ___June 11, 2008 ___________ Pattie Kelley Minutes approved by Council