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Minutes 6-18-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 18, 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 by President Lantry at 3:32 p.m. Present – 6 – Bostrom, Carter, Harris, Helgen, Lantry, Stark Absent – 1 – Thune (excused) CONSENT AGENDA (Items 1 - 9) 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 Harris moved approval of the Consent Agenda Adopted Yeas – 6 Nays – 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Katie A. Dimmel, Steven J. Grilz, Kristopher C. Lee, Larry G. Longard, Jane Moeckel, Loretta A. Nuessle, Rose C. Petry, Jose C. Ruiz, Kenneth C. Salzberg, and Xcel Energy, Inc. Referred to Risk Management 2. Appeal of Ryan N. Grubba to a decision of the St. Paul Legislative Hearing Officer and the City Council regarding property at 1383 Hamline Avenue North. 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 July 2, 2008 to consider the petition of the City of Saint Paul to vacate a north/south half-lot parcel formerly used as an alley in the block bounded by Jessamine Avenue, Geranium Avenue, Mendota Street, and Forest Street in order to facilitate titlework clean up for St. Casimir’s Church. [File No. 09-2008] June 18, 2008 City Council Summary Minutes Page 2 4. Letters from the Department of Safety and Inspections declaring 847 Agate Street, 719 Case Avenue, 1058 5th Street East, 112 Jenks Avenue, 809 Park Street, 66 Winnipeg Avenue, and 900 York Avenue as nuisance properties, and setting date of Legislative Hearings for July 22, 2008 and City Council public hearings for August 20, 2008. FOR ACTION 5. Resolution – 08-679 – Allowing a 2003 Cultural Star Loan for Capital Improvements to be used for costs associated with organizational development efforts. Adopted Yeas - 6 Nays - 0 6. Resolution – 08-636 – Requesting that the Saint Paul Planning Commission investigate the merits and provide subsequent recommendations regarding amending the Zoning Overlay to reflect the fact that there will be light rail stations at Hamline, Western, and Victoria Avenues. Adopted Yeas - 6 Nays - 0 7. Resolution – 08-637 – Authorizing payment in the amount of $20,000 to the Saint Paul Port Authority to act as the City’s fiscal agent in the expenditure of the money to be used for the purpose of reimbursing the services of a public relations consultant who will effectively use the convention coverage to attract new tourism, business, and residents to Saint Paul. Adopted Yeas - 6 Nays - 0 8. Resolution – 08-638 – Approving funding for the 2008 Neighborhood STAR small loan and grant program. Adopted Yeas - 6 Nays - 0 9. Resolution – 08-639 – Indemnifying the City of Roseville for the City of St. Paul’s use of their facilities for the purpose of staging Star of the North games on June 21-22, 2008. Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 10. Resolution – 08-414 – Ordering the owner to remove the building(s) at 22 Douglas Street within fifteen (15) days from adoption of resolution. (Public hearing held, closed, and laid over from May 7) At the request of Councilmember Thune, Council President Lantry moved to lay over the resolution three weeks. Laid over to July 9 Yeas - 6 Nays - 0 June 18, 2008 City Council Summary Minutes Page 3 11. Resolution – 08-616 – Authorizing and directing the Administration to amend the City’s contract with Eureka Recycling in order to add collection of household organics to the Citywide Recycling Program beginning in 2009. (Laid over from June 11) Council President Lantry stated a request was received to lay over this item to July 2. Laid over to July 2 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. 12. Final Adoption – 08-552 – An ordinance amending Chapter 43 of the Saint Paul Legislative Code clarifying the definition of vacant buildings and amending the regulation of fire damaged vacant buildings. (Substitute introduced June 11) Councilmember Bostrom moved approval of the ordinance. Adopted Yeas - 6 Nays - 0 13. Final Adoption – 07-1194 – An ordinance amending Chapter 33 of the Saint Paul Legislative Code, Building Code and Inspection, as it relates to Certificate of Code Compliance. (Substitute introduced and amended June 4) Councilmember Bostrom referred to Line 29 of the ordinance stating it should read Chapter 189.l. He moved to amend the ordinance to reflect that change and to lay over to June 25 for final adoption. Amended and laid over to June 25 for final adoption Yeas - 6 Nays - 0 14. Second Reading – 08-631 – An ordinance amending Chapter 376 of the Saint Paul Legislative Code to deregulate taxicab fares. (Substitute introduced June 11) Laid over to July 2 for Third Reading/Public Hearing 15. First Reading – 08-640 – An ordinance amending Chapter 65 of the Saint Paul Legislative Code pertaining to zoning code regulations for sober houses. Laid over to June 25 for Second Reading Council President Lantry moved suspension of the rules to introduce the following resolution: Yeas - 6 Nays - 0 June 18, 2008 City Council Summary Minutes Page 4 Resolution - 08-658 - Encouraging Johnson Brothers Liquor Company and Teamsters Local 792 to return to the bargaining table, negotiate in good faith, and reach a fair agreement that gets the 70 truck drivers and warehouse workers of Teamsters Local 792 back to work and keep Johnson Brothers Liquor Company and the City of Saint Paul moving forward. Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Carter introduced Libby Canton who will be an intern with his office over the summer months. The meeting was recessed at 4:30 p.m., and reconvened for public hearings at 5:33 p.m. Present – 5 – Carter, Harris, Helgen, Lantry, Stark Absent – 2 – Bostrom (arrived later in the meeting), Thune (excused) PUBLIC HEARINGS (Councilmember Thune was excused from the meeting, and Councilmember Bostrom arrived after Item 17). 16. Third Reading – 08-567 – An ordinance amending Chapter 310.18 of the Saint Paul Legislative Code to establish a license for animal day care and animal boarding. No one appeared in opposition; Councilmember Helgen moved to close the public hearing and requested a staff report on this item on June 25. Laid over to June 25 for Final Adoption Yeas - 5 Nays - 0 17. Third Reading – 08-568 – An ordinance amending Chapter 310.18 of the Saint Paul Legislative Code to establish a fee for animal day care and boarding. No one appeared in opposition; Councilmember Helgen moved to close the public hearing Yeas – 5 Nays – 0 Laid over to June 25 for Final Adoption June 18, 2008 City Council Summary Minutes Page 5 18. Third Reading - 08-607 – An ordinance allowing special permits for extended hours for service of alcoholic beverages in licensed establishments. (Substitute introduced June 11) Councilmember Helgen referred to Line 34 of the ordinance pertaining to the cost of permit fees and asked if an application could be created that would allow reduced fees if a management plan were submitted. Rachel Tierney, Assistant City Attorney, said such an application could be created; however, a definition of management plan would need to be determined along with an evaluation plan. She reminded Council of the short time line they are under for approving this ordinance to be in effect with the approaching Republican National Convention. Upon question of Councilmember Carter, Ms. Tierney stated fees were set through discussion with the Mayor and Councilmember Thune. Bob Kessler, Director of the Department of Safety and Inspections (DSI), said the main goal of this ordinance is that bars that do not apply for the special permit will not be allowed extended hours. He said the fee arrived is for additional costs of DSI and Police staff. Upon question of Councilmember Stark, Ms. Tierney said the State caps the maximum penalty at $2,000 and the Matrix at $500. Councilmember Harris asked what the permit fee was in the City of Minneapolis, and Ms. Tierney said she would find out and let Councilmembers know. Councilmember Harris said he believes St. Paul’s fee is too high; however, if it were changed today, the public hearing would have to be laid over which would create the possibility of no one getting the permit. Council President Lantry spoke in support of the permit fee and that she will not support a change. Helgen said in order to open the permit fee to more bars, he moved that the fee be reduced to $1,000. (Councilmember Bostrom arrived) Harris referred to the timeframe the City is under and said this discussion should have taken place weeks ago. He spoke in support of the motion. Roll call on the motion to reduce the permit fee to $1,000. Adopted Yeas - 4 Nays - 2 (Lantry/Stark) June 18, 2008 City Council Summary Minutes Page 6 Councilmember Carter moved reconsideration of the motion to reduce the permit fee. Yeas - 6 Nays - 0 Councilmember Helgen withdrew his motion to reduce the permit fee. Bostrom said what is in front of Council today is the very best option. There will be unintended consequences and the police have very limited resources. Bill Collins with the Lowry Theatre and owner of Camp Bar appeared and spoke in opposition to the ordinance. He said the current fee is unbelievably prohibited and he believes its sole purpose is to be punitive. Chad Kulas with the St. Paul Area Chamber of Commerce spoke in support of the ordinance. Councilmember Stark moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to June 25 for Final Adoption 19. Third Reading – 08-608 – An ordinance allowing special permits for extended hours for service of 3.2 percent malt liquor in licensed establishments. (Substitute introduced June 11) No one appeared in opposition; Councilmember Stark moved to close the public hearing. Yeas - 6 Nays - 0 Laid over to June 25 for Final Adoption 20. Resolution – 08-641 – Approving the petition of Riverview Economic Development Association to vacate a portion of the corner of Congress and Cesar Chavez Streets in order to consolidate property for redevelopment. [File No. 13-2007] No one appeared in opposition; Councilmember Carter moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 21. Resolution – 08-642 – Approving the petition of Terry and Ray Peterson to vacate the right-of-way abutting the backyards of properties at 2205 and 2217 Scudder Avenue in order to consolidate property to include retaining walls. No one appeared in opposition; Councilmember Stark moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 June 18, 2008 City Council Summary Minutes Page 7 22. Resolution – 08-643 – Amending the budget in the Department of Safety and Inspections/Property Code Enforcement by adding $900,000 from the Invest Saint Paul program for building demolitions. Upon question of Councilmember Helgen, Bob Kessler, Director of the Department of Safety and Inspection (DSI), said they are pursuing building demolition in the City. Council President Lantry noted this resolution is reflective of changes made by the Housing and Redevelopment Authority. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 23. Resolution – 08-644 – Amending the financing and spending plans in the Department of Safety and Inspections by adding $187,474 for painting and pigeon proofing of the skyway system. Upon request of Councilmember Harris, Bob Kessler provided descriptions of improvements made in the skyway and noted the Securian skyway will be painted in 2009 and that the Victory skyway will be assessed at seven percent. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 24. Resolution – 08-645 – Amending the financing and spending plans in the Division of Parks and Recreation by adding $572,420 from a Metropolitan Council Land Acquisition Opportunity Grant, and approving the purchase of sale agreement between Trust for Public Land and the City. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 25. Resolution – 08-646 – Approving a budget amendment in the amount of $25,000 in the Department of Planning and Economic Development for the Metro Paint-A-Thon program. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval of the resolution. Adopted Yeas - 6 Nays - 0 June 18, 2008 City Council Summary Minutes Page 8 26. Resolution – 08-647 – Establishing “No Parking 8:00 AM – 8:00 PM Monday-Friday, Except by Permit, Area 21” on both sides of Goodrich Avenue from Cleveland Avenue to Kenneth Street. Linda Snyder, 2026 Goodrich, appeared and spoke in opposition to permit parking in this location. She said students at the University of St. Thomas park in front of her home and she feels the City and St. Thomas should meet and come up with a broader plan other than make residents apply for parking permits. This may resolve the parking issue in front of her home, but the reality is that people will just go one more block and park in front of someone else's home and the problem will not be solved. Terry Hill, 2056 Goodrich, spoke in support of the resolution and said although parking has been bad for at least ten years, the past two have gotten worse. Bob Hennessey, 2048 Goodrich, spoke in support of the resolution and said he is the one who started the petition. Bus routes have changed so now people are parking in front of his house all day while they walk a block to catch the bus to work. Tom Kipper, 2049 Goodrich, spoke in support of the resolution and said with customers from Davannis Pizza as well as people attending Adult Ed classes at St. Thomas, parking is continuous in front of his home. Councilmember Stark moved to close the public hearing. Yeas - 6 Nays - 0 Upon request of Councilmember Stark, Linda Murphy, Department of Public Works- Traffic, appeared and said the required 75% of property owners signed the petition. Their policy is to do one block at a time vs. half blocks. Ms. Murphy also referred to other restrictions in areas, such as two hour parking and no parking from 8 am to 10 pm. Councilmember Stark spoke in support of the resolution, noting that parking policy is a strong interest of his. He also noted that St. Thomas will have a new parking ramp within the next year. Stark moved approval of the resolution. Adopted Yeas - 6 Nays - 0 27. Public hearing to consider the application of Sherman Associates, Whitall Townhomes, LLC c/o Sherman Associates, for a Preliminary and Final Plat for Whitall townhomes in order to create 18 residential parcels and two outlots at Whitall and Wells Streets, east of Edgerton Street. June 18, 2008 City Council Summary Minutes Page 9 No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and to grant the application. Motion of Intent - Application granted Yeas - 6 Nays - 0 Councilmember Harris left and returned later in the meeting. 28. Update on 931 Marshall Avenue. (C.F. 06-937 adopted by Council on 10/25/06) Marcia Moermond, Legislative Hearing Officer, said originally the Council granted 180 days for completion of the project, and that DSI extended the bond to August 18, 2008. She recommended that the Council grant until August 18 for completion of the project and if it is not completed by that time, that a $10,000 bond be posted. No one appeared in opposition; Councilmember Carter moved to close the public hearing and approval. Motion of Intent - Extension granted until August 18, 2008 for completion of project and, if not completed by that date, a $10,000 bond be posted, per the recommendation of the Legislative Hearing Officer. Yeas - 5 Nays - 0 29. Resolution – 08-539 – Ordering the owner to remove or repair the building(s) at 874 Aurora Avenue within fifteen (15) days from adoption of resolution. [Public hearing continued from May 21] (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, stated all conditions have not be met, but the attorney representing the property owner has requested a one week layover which she recommended provided she obtains signed contract agreements by the close of business on June 23. No one appeared in opposition; Councilmember Carter moved to lay over to June 25 per the recommendation by the Hearing Officer. Laid over to June 25 Yeas - 5 Nays - 0 30. 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. [Public hearing continued from May 21] (Legislative Hearing Officer’s recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, said she is in receipt of a purchase agreement and closing schedule, and she recommended this item be laid over to the July 8, 2008 Legislative Hearing and the public hearing before the City Council continued to August 6, 2008. June 18, 2008 City Council Summary Minutes Page 10 No one appeared in opposition. Laid over to the July 8 Legislative Hearings and public hearing continued to the August 6 City Council meeting, per the recommendation of the Legislative Hearing Officer Yeas - 5 Nays - 0 31. Resolution – 08-486 – Ordering the owner to remove or repair the building(s) at 1583 York Avenue within fifteen (15) days from adoption of resolution. [Public hearing continued from May 7] (Legislative Hearing Officer’s recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, said this was a no-show at the Legislative Hearing but she has been informed that the property is in the process of being donated to NENDC. Because of this, she recommended the resolution be referred to the June 24, 2008 Legislative Hearing with the City Council public hearing continued to July 2, 2008. Councilmember Bostrom moved approval of the Hearing Officer's recommendation. Laid over to the June 24 Legislative Hearings and public hearing continued to the July 2 City Council meeting per the recommendation of the Legislative Hearing Officer. Yeas - 5 Nays - 0 Councilmember Harris returned to the meeting. 32. Resolution – 08-648 – Ordering the owner to remove or repair the building(s) at 1004 Grotto Street North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, said all but a small matter have been resolved pertaining to standard operating procedures which she expects to have by the end of business on this date and, if not, she recommended this item be reconsidered at the June 25 Council meeting. No one appeared in opposition; Councilmember Helgen moved approval per the recommendation of the Hearing Officer. He requested an update half-way through the 180 day period. Adopted as amended (remove or repair within 180 days), per the recommendation of the Legislative Hearing Officer. Yeas - 6 Nays - 0 33. Resolution – 08-649 – Ordering the owner to remove or repair the building(s) at 1849 Nevada Avenue East within one hundred-eighty (180) days from adoption of resolution. (Legislative Hearing Officer recommends approval) June 18, 2008 City Council Summary Minutes Page 11 No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 34. Resolution – 08-650 – Ordering the owner to remove or repair the building(s) at 242-244 Nugent Street within thirty (30) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Carter moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 35. Resolution – 08-651 – Ordering the owner to remove the building(s) at 990 Reaney Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Council President Lantry moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 36. Resolution – 08-652 – Ordering the owner to remove or repair the building(s) at 97 Sycamore Street West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, said no one appeared on this item at the Legislative Hearing and that Historic Preservation Commission (HPC) staff have indicated this property has HPC significance. No one appeared in opposition; Councilmember Helgen moved to close the public hearing and to amend the resolution to remove or repair the building within 30 days. Adopted as amended (remove or repair within 30 days) Yeas - 6 Nays - 0 37. Resolution – 08-653 – Ordering the owner to remove or repair the building(s) at 982 Woodbridge Street within thirty (30) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Helgen moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 June 18, 2008 City Council Summary Minutes Page 12 38. Resolution – 08-654 – In the matter of the assessment of benefits, cost, and expenses for towing abandoned vehicles from private property at 1649 Cottage Avenue East during October 2007 [J0707V2]. [Laid over from May 21] (Legislative Hearing Officer recommends approving the assessment and spreading the payments over three (3) years) No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 39. Resolution Ratifying Assessment – 08-655 – In the matter of the assessment of benefits, cost, and expenses for summary abatement for the excessive consumption of inspection services for property code violations billed from September 9 to October 8, 2007 at 279 Forbes Avenue. [J0708E1] (Laid over from June 4) (Legislative Hearing Officer’s recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, recommended the tax assessment 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 40. Resolution Ratifying Assessment – 08-656 – In the matter of the assessment of benefits, cost, and expenses for towing abandoned vehicles from private property at 655 Blair Avenue during October 2007 [J0707V1], and towing abandoned vehicles from private property at 868 Albemarle Street during November 2007 [J0707V3]. (Legislative Hearing Officer recommends the following: 868 Albemarle Street (J0707V3) - approve the assessment and spread the payments over three (3) years; and 655 Blair Avenue (J0707V1) – approve the assessment.) 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 June 18, 2008 City Council Summary Minutes Page 13 41. Resolution Ratifying Assessment – 08-657 – In the matter of the assessment of benefits, cost, and expenses for summary abatements (graffiti removal) on private properties from March 5 to April 9, 2008 [J0805P]; demolition of vacant building at 1185 Payne Avenue during March 2008 [J0805C]; summary abatements (property clean-up) on private properties from March 31 to April 15, 2008 [J0807A]; weekly garbage hauling services from April 2-9, 2008 [J0807G]; boarding up vacant buildings during December 2007 [J0710B]; and removal of diseased elm trees from private properties during the winter season of March 2008 [0803T]. (Legislative Hearing Officer recommends the following: 898 Albemarle Street (J0807A) - delete the assessment; 1132 Albemarle Street (J0807A) - approve the assessment; 412 Arbor Street (J0807A) - delete the assessment; 1793 Clear Avenue (J0807A) - approve the assessment; 1354 Edgerton Street (J0807A) - approve the assessment; 971 Fremont Avenue (J0805P) – delete the assessment; 562 Galtier Street (J0807A) - delete the assessment; 1783 Maryland Avenue East (J0807A) - recommendation is forthcoming; approve the assessment; 1827 Maryland Avenue East (J0807A) - reduce the assessment from a total of $586 to a total of $225 $75; 1827 Maryland Avenue East (J0807G) - delete the assessment; 1185 Payne Avenue (J0805C) - approve the assessment; 1858 Reaney Avenue (J0807A) - approve the assessment; 1274 Sargent Avenue (J0807A) - approve the assessment; 1274 Sargent Avenue (J0807G) - approve the assessment; 474 Sherburne Avenue (J0710B) - recommendation is forthcoming; approve the assessment; 1734 Sims Avenue (J0807A) - approve the assessment; reduce the assessment from a total of $492 to $200; 291 Topping Street (J0803T) - approve the assessment; 1007 Wakefield Avenue (J0805P) - delete the assessment; 887 Watson Avenue (J0807A) - approve the assessment; and 887 Watson Avenue (J0710B) - approve the assessment) Marcia Moermond, Legislative Hearing Officer, presented a staff report and recommendations pertaining to property at 1734 Sims Avenue. Watau Lee and Janell Vang, 1734 Sims Avenue, appeared in opposition to the assessment against their property. They stated items were removed from their deck by the City without prior notice, and if they have to pay the assessment they want items removed returned to them. June 18, 2008 City Council Summary Minutes Page 14 Council President Lantry said items removed have been disposed of and, therefore, will not be returned. Marcia Moermond stated orders were sent to the occupants of both units and she did not receive returned mail on this address. After some discussion, Lantry requested Ms. Moermond meet with the property owners and give them guidance so this situation does not occur again. Ms. Moermond gave a staff report on property at 1827 Maryland Avenue and recommended the assessment be reduced from $586 to $225. Max McKee, property owner appeared. When he received notice, he immediately notified his tenants. His tenants told him that the trash was in the neighbor's yard and he said the video taken by City staff clearly indicates that. McKee said there is a canoe rack on his property and below that was a spare tire. He said the assessment billed to his property of $586 is incorrect and too high for the removal of one tire. Councilmember Bostrom moved to close the public hearing. Yeas - 6 Nays - 0 Upon question of Lantry pertaining to 1827 Maryland Avenue, Moermond said it's correct that only one tire was removed from the property and there is a tire disposal fee. The neighbor had an extreme amount of trash and was not notified. Councilmember Bostrom moved to amend the resolution by reducing the assessment to $75.00 for 827 Maryland Avenue and reducing the assessment at 1734 Sims to $200.00. Adopted as amended. Yeas - 6 Nays - 0 42. Appeal of Robert Spoerner to a Summary Abatement Order and Vehicle Abatement Order for property at 635 Sherburne Avenue. (Legislative Hearing Officer recommends denying the appeal on the Summary Abatement Order and granting the appeal on the Vehicle Abatement Order) Marcia Moermond, Legislative Hearing Officer, presented a staff report. No one appeared in opposition; Councilmember Carter moved to close the public hearing and approve the recommendation of the Legislative Hearing Officer. Appeal denied on the Summary Abatement Order; Appeal granted on the Vehicle Abatement Order, per the recommendation of the Legislative Hearing Officer Yeas – 6 Nays – 0 43. Appeal of Bernard Hilliard to a Certificate of Occupancy Condemnation for property at 554 Van Buren Avenue. (Legislative Hearing Officer recommends denying the appeal and granting an extension to June 30, 2008) June 18, 2008 City Council Summary Minutes Page 15 No one appeared in opposition; Councilmember Carter moved to close the public hearing and approve the recommendation of the Legislative Hearing Officer. Appeal denied and extension granted to June 30, 2008 (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 44. Appeal of Brian Radmann to a Condemnation and Order to Vacate for property at 1356 Hewitt Avenue. (Legislative Hearing Officer’s recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, presented a staff report. As no plans were submitted by the property owner, she recommended the appeal be denied. No one appeared in opposition; Councilmember Stark moved to close the public hearing and deny the appeal. Appeal denied (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 7:15 P.M. ATTEST: _______________________ ___________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ___September 3, 2008________ Pattie Kelley Minutes approved by Council