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Minutes 8-06-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 6, 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 3:34 p.m. Present – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, and Thune Absent – 0 CONSENT AGENDA (Items 1 - 37) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Council President Lantry stated that there was a request to withdrawn Item 15. Councilmember Helgen removed Item 14 for discussion and Item 22 to be considered with Item 40. Councilmember Helgen moved approval of the Consent Agenda as amended. Adopted as amended Yeas - 7 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Richard E. Epps, Ingrid B. Christensen, Kenneth J. Fromm, Jeff Guertin, Robert Jones, Ayanle Hashi, Kim L. Norman, Carlton Payton, Christopher D. Steele, and Gary J. Zurn. Referred to Risk Management 2. Summons and Compliant in the matter of Douglas Duane Bahl and Susan Kovacs-Bahl vs. the City of Saint Paul, et al. Referred to the City Attorney’s Office August 6, 2008 City Council Summary Minutes Page 2 3. Letter from the Office of the City Attorney announcing a rescheduled Administrative Hearing on August 11, 2008 at 9:30 a.m., Room 42 City Hall/Courthouse, 15 West Kellogg Boulevard concerning all licenses held by Grand American Restaurant Company d/b/a The Wild Onion, 788 Grand Avenue. 4. Letter from the Department of Public Works Technical Services/Real Estate announcing a public hearing before the City Council on August 20, 2008 to consider the petition of John Chytracek to vacate the east and west 23 feet of Clark Street, as it abuts the two lots north of Jessamine Avenue, in order to grant private ownership of right-of-way used and maintained by abutting owners. 5. Letter from the Department of Safety and Inspections announcing a public hearing before the City Council on August 20, 2008 to consider the appeal of Marvin Liszt, representing Clear Channel Outdoor, Inc., to a decision of the Board of Zoning Appeals denying an appeal of the Zoning Administrator’s denial of a permit to move an existing billboard at 381 Wabasha Street South. [ZF 08 119665] 6. Letters from the Department of Safety and Inspection/Code Enforcement declaring 403 Curtice Street, 575 Charles Avenue, 558 Grotto Avenue North, 658 Hawthorne Avenue East, 820 Ocean Street, 592 Sims Avenue, 703 Surrey Avenue, and 719 Van Buren Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 7. Administrative Order: D002727 Authorizing the proper City officials to execute a lease agreement between the Department of Fire and Safety Services and the Saint Paul Saints Baseball Club to permit the Club’s use of the Department’s “burn building” at 1675 Energy Park Drive on July 22, 2008. On file with the City Clerk FOR ACTION 8. Resolution – 08-809 – Approving the May 1, 2008 through April 30, 2011 Maintenance Labor Agreement between the City and the United Association of Plumbers, Local 34 and Sprinkler Fitters Local Union No. 417. [To be laid over one week for adoption] Laid over to August 13 for adoption 9. Resolution – 08-810 – Scheduling a City Council closed meeting for August 13, 2008 at 1:00 p.m. to consider strategy for labor negotiations. Adopted Yeas - 7 Nays - 0 August 6, 2008 City Council Summary Minutes Page 3 10. Resolution – 08-811 – Approving finalists to the Department of Human Rights and Equal Economic Opportunity Director Selection Committee. Adopted Yeas - 7 Nays - 0 11. Resolution – 08-812 – Approving payment in the amount of $150,000.00 to Town Square Realty, LLC, and its attorney, in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 12. Resolution – 08-813 –Approving payment in the amount of $15,000.00 to Christine Peachey in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 13. Resolution – 08-814 – Acknowledging receipt of the District Cooling and District Heating rate change notices and directing the Office of Financial Services and City Council Research to analyze the rate changes and report back to the City Council within 180 days. Adopted Yeas - 7 Nays - 0 15. Resolution – 08-816 – Accepting a Financing and Spending Plan for License and Permit Fund 320. Withdrawn 16. Resolution – 08-817 – Authorizing the Department of Fire and Safety Services to accept a $200.00 donation from Philips Medical in support of the “Celebrate a healthy Heart” event. Adopted Yeas - 7 Nays - 0 17. Resolution – 08-818 – Authorizing the Department of Fire and Safety Services to accept a donation of 500 carbon monoxide detectors from First Alert. Adopted Yeas - 7 Nays - 0 18. Resolution – 08-819 – Authorizing the Department of Fire and Safety Services to enter into a mutual aid agreement with Hennepin County Medical Center for emergency medical services. Adopted Yeas - 7 Nays - 0 19. Resolution – 08-820 – Authorizing the Department of Fire and Safety Services to enter into a joint powers agreement to extend the use of the City’s Computer Aided Dispatch (CAD) system wireless capability to the City of New Brighton. Adopted Yeas - 7 Nays – 0 August 6, 2008 City Council Summary Minutes Page 4 20. Resolution – 08-821 – Authorizing the Department of Fire and Safety Services to enter into a Metropolitan EMS Regional Compact with the surrounding communities in the seven-county area for EMS services. Adopted Yeas - 7 Nays - 0 21. Resolution – 08-822 – Authorizing the Police Department to enter into an amended agreement with the State of Minnesota, Department of Public Safety, for the 2006 Homeland Security Grant Program. Adopted Yeas - 7 Nays - 0 23. Resolution – 08-824 – Authorizing the Police Department to enter into a Joint Powers Agreement with the City of White Bear Lake (WBL) which will increase the number of police vehicles in WBL that will have capability of sharing in the wireless network administered by the Saint Paul Police Department. Adopted Yeas - 7 Nays - 0 24. Resolution – 08-825 – Memorializing City Council action taken July 2, 2008 denying the appeal of Donald Cameron to a decision of the Board of Zoning Appeals denying two variances in order to split one of the apartment units in a seven-unit building to create an eighth unit at 469-471 Grand Avenue. [ZF 08-082615] Adopted Yeas - 7 Nays - 0 25. Resolution – 08-826 – Memorializing City Council action taken July 16, 2008 imposing adverse action against all licenses held by International Network Association, Inc., d/b/a Luxor Lounge, 719 North Dale Street. Adopted Yeas - 7 Nays - 0 26. Resolution – 08-827 – Recommending that no further adverse action be taken against the Cigarette/Tobacco license held by The Quality Food & Fuel Market Place, Inc., d/b/a Super USA Market, 976 – 7th Street East. Adopted Yeas - 7 Nays - 0 27. Resolution – 08-828 – Approving adverse action against the Massage Practitioner license application submitted by Elias A. Murdock for the City of Saint Paul. Adopted Yeas - 7 Nays - 0 28. Resolution – 08-829 – Approving adverse action against the Taxicab Driver (Provisional) license application submitted by Aaron Sean Wilson for the City of Saint Paul. Adopted Yeas - 7 Nays - 0 August 6, 2008 City Council Summary Minutes Page 5 29. Resolution – 08-830 – Amending C.F. 08-719 to delete the assessment for boarding-up a vacant building at 996 Woodbridge Street. Adopted Yeas - 7 Nays - 0 30. Resolution – 08-831 – Approving the May 20, 2008 decisions of the Legislative Hearing Officer on Appeals for Registration into the Certificate of Occupancy Program for properties at 1334 Reaney Street East, 526 Thomas Avenue, and 1867 Englewood Avenue. Adopted Yeas - 7 Nays - 0 31. Resolution – 08-832 – Approving the June 3, 2008 decisions of the Legislative Hearing Officer on Appeals of Letters, Correction Notices, and Correction Orders for properties at 966 Mississippi River Boulevard, 188 Mounds Boulevard, 601 Rice Street, 559 McKnight Road South, and 585 Annapolis Street East. Adopted Yeas - 7 Nays - 0 32. Resolution – 08-833 – Memorializing City Council action taken July 16, 2008 denying the appeal for property at 587 Charles Avenue #2, per the recommendation of the Legislative Hearing Officer. Adopted Yeas - 7 Nays - 0 33. Resolution – 08-834 – Memorializing City Council action taken July 16, 2008 denying the appeal with a vacate date of July 17, 2008 at 9:30 a.m. for property at 533 Minnehaha Avenue East, per the recommendation of the Legislative Hearing Officer. Adopted Yeas - 7 Nays - 0 34. Resolution – 08-835 – Memorializing City Council action taken July 16, 2008 denying the appeal for property at 1036 Minnehaha Avenue West, per the recommendation of the Legislative Hearing Officer. Adopted Yeas - 7 Nays - 0 35. Resolution – 08-836 – Accepting the dedication of easement for sidewalk purposes given by Macalester College along Snelling Avenue, as requested by Public Works. Adopted Yeas - 7 Nays - 0 36. Preliminary Order – 08-837 – In the matter of constructing new sidewalk on the north side of Kellogg Boulevard East from Jackson Street to Sibley Street and the east side of Jackson Street from Kellogg Boulevard to Fourth Street, and setting date of public hearing for August 20, 2008. [File No. S0802] Adopted Yeas - 7 Nays - 0 August 6, 2008 City Council Summary Minutes Page 6 37. Resolution Approving Assessment – 08-838 – In the matter of the assessment of benefits, cost, and expenses for demolition of vacant buildings during June 2008 [J0807C]; summary abatement for excessive consumption of inspection services for property code violations billed from December 24, 2007 to April 11, 2008 [J0801E]; summary abatement (property cleanup) at private property from June 30 to July 14, 2008 [J0813A]; providing weekly garbage hauling services from July 2 to July 15, 2008 [J0813G]; removing diseased elm trees from private properties at 0 Euclid Street and 0 3rd Street in 2008 [0805T], and setting date of Legislative Hearings for September 2, 2008 and City Council public hearings for September 17, 2008. Adopted Yeas - 7 Nays - 0 -------------------------------------------------------------------------------------------------------------------- 14. Resolution – 08-815 – Accepting a Financing and Spending Plan for Traffic Fund 240. Councilmember Helgen said he requested this item be removed from the Consent Agenda as he wanted to highlight the significant dollar amount it reflects. Helgen moved approval. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 38. Presentation of a “Fit City” award to Mayor Coleman and the City Council by Brian Osberg and Susan McDonald, Minnesota Department of Health. Dr. Sanne Magnan, Commissioner of Health with the Minnesota Department of Health, appeared on behalf of Governor Pawlenty and presented Mayor Coleman with a "Fit City" award. 39. Resolution – 08-839 – Recognizing Community Garden Day in the City of Saint Paul. Council President Lantry acknowledged Community Garden Day in the City of Saint Paul. Councilmember Thune moved approval of the resolution. Adopted Yeas - 7 Nays - 0 August 6, 2008 City Council Summary Minutes Page 7 40. Resolution – 08-840 – Authorizing the City to enter into a 2008 Republican National Convention (RNC) Security federal grant application. Assistant Police Chief Bostrom appeared and spoke to appropriations made available to cover costs associated with the RNC, and answered various questions of Council Members. Chris Eitemiller, Financial Services, explained that the City Attorney's Office has hired extra staff to assist with the RNC. Lori Lee, Financial Services, explained that indirect costs will be charged against the grant. Upon question of Councilmember Helgen, Ms. Lee explained these services have already been budgeted for and the indirect cost reimbursements will go back to as a revenue cost. Councilmember Harris said a special fund should be created and managed, the outflow and special line items of special funds should be specific, reallocations need to be clear and be separate in a special fund. Upon question of Councilmember Helgen, Assistant Chief Bostrom explained they will not seek additional funds of RNC-resulted overtime expenses. At the request of Helgen, Ms. Lee said she will work with Margaret Egan, City Council Chief Financial analyst, and file quarterly reports. Councilmember Thune requested this information prior to approving the 2009 budget. At the question of Councilmember Carter, Bostrom said their procurement practices have not changed. There was no further discussion; Councilmember's Bostrom and Thune moved approval of the resolution. Adopted Yeas - 7 Nays - 0 22. Resolution – 08-823 – Authorizing the Police Department to enter into a lease agreement with Arden Hills Army Training Site Ground and Facilities for a variety of training of officers related to the 2008 Republican National Convention. Councilmember Helgen moved approval. Adopted Yeas - 7 Nays - 0 August 6, 2008 City Council Summary Minutes Page 8 41. 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. [Laid over from July 23] Marcia Moermond, Legislative Hearing Officer, stated her recommendation is that the building be removed or repaired within fifteen days. Councilmember Thune moved approval Adopted Yeas - 7 Nays - 0 42. Resolution – 08-712 – Ordering the owner to remove or repair the property at 988 Reaney Avenue within fifteen (15) days from adoption of resolution. [Public hearing held and laid over from July 2] (Legislative Hearing Officer’s recommendation is forthcoming) Council President Lantry moved a two week layover. Laid over to August 20 Yeas - 7 Nays - 0 43. Resolution – 08-725 – Accepting the donation of six benches for installation at Cherokee Park and 41 replacement benches for installation at River Gorge Regional Park (along Mississippi River Boulevard) from Saint Paul – Ramsey County Public Health through their “Pathways to Health” program. [Laid over from July 23] Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 44. Final Order – 08-764 – In the matter of improving Payne Avenue from Edgerton Street to Bush Avenue by reconstructing the street with a new bituminous surface, replacing deteriorated sidewalks, installing bumpouts, planting center medians (where possible), sodding boulevards and planting trees, and replacing the existing lighting with an above standard twin-arm lantern lighting system. [File No. 19062, 19062C, 19063] [Public hearing held and laid over from July 16] Council President Lantry stated that Mike Klassen, Department of Public Works, was present to answer any questions. She also noted that meetings had been held with the District Councils. Councilmember Bostrom moved approval. Adopted Yeas - 7 Nays - 0 August 6, 2008 City Council Summary Minutes Page 9 Councilmember Thune moved suspension of the rules to introduce the following resolution: Yeas - 7 Nays - 0 Resolution - 08-859 - Waiving the 45-day notice requirement and granting liquor outdoor service area (patio) license to Crying Tiger LLC d/b/a Supatra's Thai Cuisine, 967 7th Street West. Thune moved approval. Adopted Yeas – 7 Nays – 0 Councilmember Carter moved suspension of the rules to introduce the following resolution: Yeas - 7 Nays - 0 Resolution - 08-860 - Proclaiming August 9, 2008 as Kitty Andersen Youth Science Center Day. Carter moved approval. 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. The meeting was recessed from 4:20 p.m. to 5:33 p.m. Present – 5 – Bostrom, Carter, Harris, Lantry, and Stark Absent – 2 – Helgen (excused), and Thune (arrived later in the meeting) PUBLIC HEARINGS 59. Resolution – 08-767 – Ordering the owner to remove or repair the building(s) at 651 Hawthorne Avenue East within fifteen (15) days from adoption of resolution. [Public hearing continued from July 16] (Legislative Hearing Officers granting one hundred- twenty [120] days to remove or repair the building) Marcia Moermond, Legislative Hearing Officer, stated there is no change in her recommendation. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval as amended. Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas – 5 Nays – 0 (Thune not present for vote) August 6, 2008 City Council Summary Minutes Page 10 45. Resolution – 08-841 – Approving adverse action against all licenses held by G-8, Inc., d/b/a Starting Gate Pub, 2516 – 7th Street West. Rachel Tierney, Assistant City Attorney, appeared and presented a staff report and recommendation. No one appeared in opposition; Councilmember Harris moved to close the public hearing Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) Councilmember Bostrom returned to the meeting. Councilmember Harris said he has been working with the owner of this establishment who has already made changes to their management. He said this is a very serious issue and in light of changes the owner has already made, he moved that the resolution be amended with all licenses suspended for ten days, to be stayed for eighteen months, a $1,500 fine be imposed, and the 2:00 a.m. closing time be reinstated. Upon question of Councilmember Carter, Harris stated the $1,500 fine is due and payable today. Adopted as amended (suspend all licenses for ten [10] days to be stayed for eighteen [18] months; impose $1,500.00 fine; and reinstate 2:00 a.m. closing) Yeas - 5 Nays - 0 (Thune not present for vote) 46. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against all licenses held by Moises Cortes, d/b/a Casa Vieja, 2176 – 7th Street West. Rachel Tierney, Assistant City Attorney, appeared and presented a staff report and the report of the Administrative Law Judge. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approve the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge. Adopted the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge (imposed a $500.00 fine) Adopted Yeas - 5 Nays - 0 (Thune not present for vote) Councilmember Thune arrived at this point in the meeting. August 6, 2008 City Council Summary Minutes Page 11 47. Resolution – 08-842 – Approving the application of Tony Vavoulis for a sound level variance in order to present live music, with limitations, in a tent during a wedding reception at 740 Linwood Avenue on August 16, 2008 from 7:00 p.m. to 10:30 p.m. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 48. Resolution – 08-843 – Approving the petition of Oppidan, Inc. (for Cub Foods) to vacate Geranium Avenue right-of-way west of Clarence Street to the existing dead-end in order to accommodate redevelopment. [File No. 02-2008] No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 49. Resolution – 08-808 – Establishing a spending and financing plan in the Police Department for the new Westside Police Substation at the Paul and Sheila Wellstone Center. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 50. Resolution – 08-844 – Authorizing the Department of Fire and Safety Services to accept the 2007 Homeland Security Grant from the State of Minnesota and establishing a spending and financing budget. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 51. Resolution – 08-845 – Authorizing the Department of Planning and Economic Development to enter into an agreement with MnDOT to begin work on the Central Corridor Bike/Pedestrian Plan, and to approve a spending budget plan for the reimbursement grant. No one appeared in opposition; Councilmember Carter moved to close the public hearing and approval of the resolution. Adopted Yeas - 6 Nays - 0 Councilmember Bostrom left the meeting. August 6, 2008 City Council Summary Minutes Page 12 52. Public hearing to consider the appeal of Carol Lansing, Faegre & Benson LP, for Lifetime Fitness, to a decision of the Board of Zoning Appeals denying a parking variance for an expansion of a fitness center, a café addition, and filling the remaining tenant spaces for offices at 2145 Ford Parkway. [ZF 08-093885] John Hardwick, Department of Safety and Inspections (DSI), appeared and presented a staff report. Eric Buss, Vice President of Lifetime Fitness, said he is seeking support of an appeal to a decision of the Board of Zoning Appeals. He presented background information and a slide presentation, and answered questions of Councilmembers. Pat Sellner, 1860 Yorkshire, spoke in support saying he's been a member since 2000. He noted that Lifetime provides gate control with swipe cards and it is very effective. Visala Goswitz, 311 Woodlawn, appeared and spoke in support . She said Lifetime provides a good community resource and they need to match other clubs. The parking issue on side streets is not only because of Lifetime but is also shared by the many restaurants and the nearby movie theatre. She urged Council to grant the variance. Chad Kulas, St. Paul Area Chamber of Commerce, spoke in support of Lifetime and urged the Council to grant the variance. Joe Goswitz, 311 Woodlawn, appeared and spoke in support. Frank Villiaume, Highland Park resident, spoke in support of Lifetime saying he's been a member since it opened in 1995. The business community is integral to the Highland area and he urged Council to support them. Bob Spangenberg, 2130 Pinehurst, appeared and spoke in opposition saying he lives directly behind Lifetime. He spoke to and showed photos of trucks loading and unloading in the alley. Bill Aerts, 2124 Pinehurst, spoke in opposition and referred to high traffic and parking issues. He said he too is an active member of Lifetime but he feels granting the variance will cause additional safety issues. Diane Sineps, 2155 Pinehurst, appeared in opposition and spoke to the history of past and present owners. She said she doesn't expect Lifetime to fix the current parking problems but she doesn't want them to add to them. Granting the variance without any resolve would be irresponsible, she said. August 6, 2008 City Council Summary Minutes Page 13 Karla Hollenshead, 2114 Pinehurst, said she is not against Lifetime but feels the variance before Council is not the correct answer for the parking issues. Tim Guiliani, 2087 Pinehurst, said he's been a resident for 61 years, and he spoke in opposition to the variance. Councilmember Harris moved to close the public hearing. Yeas - 6 Nays - 0 Harris thanked all those present and those who spoke on both sides of the issue. Realizing this is a very complicated matter with issues yet to be worked out, he moved to lay over the matter for one week. Laid over to August 13 Yeas - 6 Nays - 0 53. Public hearing to consider the application of James Carlson to rezone property at 2000 Benson Avenue, between Homer Street and Glen Terrace, from I1 Industrial to TN2 Traditional Neighborhood. [ZF 08-072-938] James Carlson appeared and said he has owned this property since 2000 and he would like to rezone the property to rent as a commercial use. No one appeared in opposition; Councilmember Harris moved to close the public hearing and grant the application. Application granted Yeas – 6 Nays – 0 54. Public hearing to consider the appeal of David Oslund, for the estate of Gladys M. Wilcox, to a decision of the Board of Zoning Appeals denying an appeal of a determination of the Zoning Administrator that the property at 1508-1514 Portland Avenue was illegally subdivided. [ZF 08-111381] John Hardwick, Department of Safety and Inspections (DSI), appeared and presented a staff report. Dave Oslund appeared as representative for the estate of Gladys M. Wilcox. He said this is a straight-forward matter that will not create a negative impact to the neighborhood, and he urged the Council to grant the appeal Councilmember Carter moved to close the public hearing. Yeas - 6 Nays - 0 Carter moved to deny the appeal. Appeal Denied Yeas - 6 Nays - 0 August 6, 2008 City Council Summary Minutes Page 14 55. Public hearing to consider the appeal of Steven R. Lehr to a decision of the Board of Zoning Appeals denying a variance to construct an arbor in a required side-yard setback at 67 Otis Avenue. [ZF 08-113446] John Hardwick, Department of Safety and Inspections (DSI), appeared and presented a staff report and answered questions of Councilmembers. Mike Williams, President of the design firm the property owner has hired, appeared and said the variance being requested is with setback requirements. He distributed photographs showing the iron arbor and described how it would be incorporated with landscaping. Tom Lehr, property owner, appeared and said he enjoys his neighborhood and his neighbors, and said many are in support of the variance and others have remained neutral. Dan Haley, 75 Otis Avenue, appeared and spoke in opposition to the variance. He understands the arbor is for privacy but it needs to be within the zoning requirements. He said this is not a personal issue. Mr. Haley said granting the variance would impact his livability. The plight Mr. Lehr is facing is due to circumstances he himself created. He said granting the variance will present safety issues to both his and the Lehr's homes and it would change the historical park-like setting of the neighborhood. He urged the Council to deny the variance. Marian Biehn, 83 Otis, spoke in opposition saying the variance is inconsistent with the character of the neighborhood. She urged Council to deny the appeal. Councilmember Stark moved to close the public hearing. Yeas – 5 Nays - 0 Upon question of Council President Lantry, John Hardwick explained technical differences between arbors and fences, and at the question of Stark, Hardwick explained why the applicant needed a variance for the arbor. Councilmember Stark said this is a difficult issue because the design of the arbor is very eloquent and attractive, yet there are City codes established as well as the adjacent property owner concerns. He said because he has not been persuaded otherwise, he moved to deny the appeal. Councilmember Harris stated he would not support the motion as the arbor structure is very nice and would be an asset to the neighborhood. The owner has invested considerable effort and funds to provide such a structure. August 6, 2008 City Council Summary Minutes Page 15 Lantry said she will support the motion as there is no evidence the BZA made an error in their findings. Appeal Denied. Yeas - 5 Nays - 1 (Councilmember Harris) 56. Public hearing to consider the appeal of Hokan Miller to a decision of the Board of Zoning Appeals to approve variances and a decision by the Planning Commission to approve a site plan for site improvements at the Southport Barge Channel so that Upper River Services can move its barge servicing business to the site at 637 Barge Channel Road. (File Nos. 08-118751 and 08-048739) No one appeared in opposition; Councilmember Thune moved to continue the public hearing August 20 to consider the variance and site plan at the same time. Yeas - 6 Nays - 0 57. 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 June 18] (GS 3049915) (Legislative Hearing Officer recommends granting one hundred-eighty [180] days to remove or repair the building) Marcia Moermond, Legislative Hearing Officer, stated her recommendation stands to grant the owner 180 days to remove or repair the building. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval as amended per the recommendation of the Legislative Hearing Officer. Adopted as amended Yeas – 6 Nays – 0 58. Resolution – 08-710 – Ordering the owner to remove or repair the property at 157 Front Avenue within fifteen (15) days from adoption of resolution. [Public hearing continued from July 2] (Legislative Hearing Officer recommends removing the building within fifteen [15] days) Marcia Moermond, Legislative Hearing Officer, stated there is no change to her recommendation for the owner to remove or repair within 15 days. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Adopted Yeas – 6 Nays – 0 Councilmember Harris left and returned later in the meeting. August 6, 2008 City Council Summary Minutes Page 16 60. Resolution – 08-772 – Ordering the owner to remove or repair the building(s) at 500 Sherburne Avenue within fifteen (15) days from adoption of resolution. [Public hearing continued from July 16] (Legislative Hearing Officer’s recommendation is forthcoming) No one appeared in opposition. Marcia Moermond, Legislative Hearing Officer, recommended the public hearing be continued to August 20, 2008. Councilmember Carter moved to lay over one week. Public hearing continued to August 20 Yeas – 5 Nays – 0 (Harris not present for vote) 61. Resolution – 08-846 – Ordering the owner to remove the property at 390 Arlington Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Marcia Moermond, Legislative Hearing Officer, presented a staff report and recommended approval. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Adopted Yeas – 5 Nays – 0 (Harris not present for vote) 62. Resolution – 08-847 – Ordering the owner to remove or repair the property at 903 Burr Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer’s recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, appeared and stated her recommendation was for approval of the resolution. No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approval. Adopted Yeas – 5 Nays – 0 (Harris not present for vote) 63. Resolution – 08-848 – Ordering the owner to remove the property at 686 Charles Avenue within fifteen (15) 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 – 5 Nays – 0 (Harris not present for vote) August 6, 2008 City Council Summary Minutes Page 17 64. Resolution – 08-849 – Ordering the owner to remove the property at 193 Front Avenue & 964 Woodbridge Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 5 Nays – 0 (Harris not present for vote) 65. Resolution – 08-850 – Ordering the owner to remove or repair the property at 992 Front Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the building be removed within fifteen [15] days) No one appeared in opposition; Councilmember Carter moved to close the public hearing and approval per the recommendation of the Legislative Hearing Officer. Adopted as amended (remove within 15 days) Yeas - 5 Nays – 0 (Harris not present for vote) 66. Resolution – 08-851 – Ordering the owner to remove or repair the property at 88 Magnolia Avenue West within sixty (60) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 5 Nays – 0 (Harris not present for vote) 67. Resolution – 08-852 – Ordering the owner to remove the property at 1036 Marshall Avenue within fifteen (15) 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 – 5 Nays – 0 (Harris not present for vote) 68. Resolution – 08-853 – Ordering the owner to remove or repair the property at 276 Nugent Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer’s recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, presented a staff report and amended her recommendation to remove or repair the building within 30 days. August 6, 2008 City Council Summary Minutes Page 18 No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval as amended. Adopted as amended (remove or repair the building within thirty [30] days) Yeas – 5 Nays – 0 (Harris not present for vote) 69. Resolution – 08-854 – Ordering the owner to remove the property at 623 Oakdale Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition in opposition; Councilmember Thune moved to close the public hearing and approval. Adopted Yeas – 5 Nays – 0 (Harris not present for vote) Councilmember Harris returned to the meeting; Councilmember Bostrom left the meeting. 70. Resolution Ratifying Assessment – 08-855 – In the matter of the assessment of benefits, cost, and expenses for emergency boarding and securing, and boarding vacant building at 826 Como Avenue during February 2008. [J0801B] [Laid over from July 2] (Legislative Hearing Officer recommends approval) Jeff Guertin, 826 Como Avenue, appeared and stated he was not notified prior to his property being boarded up. Marcia Moermond, Legislative Hearing Officer, apologized to Mr. Guertin and recommended the resolution be amended with the assessment to 826 Como Avenue deleted. No one else appeared in opposition; Councilmember Thune moved to close the public hearing and approval as amended, per the recommendation of the Legislative Hearing Officer. Adopted as amended (delete the assessment) Yeas – 5 Nays – 0 (Bostrom not present for vote) 71. Resolution Ratifying Assessment – 08-856 – In the matter of the assessment of benefits, cost, and expenses for weekly garbage hauling services at 69 Jessamine Avenue West for April 23 and April 30, 2008. [J0808G1] [Laid over from July 2] (Legislative Hearing Officer’s recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, appeared stating her recommendation is to approve the assessment. August 6, 2008 City Council Summary Minutes Page 19 No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval, per the recommendation of the Legislative Hearing Officer. Adopted (approve the assessment) Yeas – 5 Nays – 0 (Bostrom not present for vote) 72. Resolution Ratifying Assessment – 08-857 – In the matter of the assessment of benefits, cost, and expenses for summary abatement (property clean-up) on private property at 288 Erie Street, 536 Charles Avenue, 1756 Grand Avenue, 394 Lafond Avenue, and 662 Minnehaha Avenue West from May 1 to May 14, 2008 (J0809A1), and providing weekly garbage hauling services at 69 Jessamine Avenue West on May 7, 2008 (J0809G1). [Laid over from July 16] (Legislative Hearing Officer recommends the following: 536 Charles Avenue (J0809A) – delete the assessment; 288 Erie Street (J0809A) – approve the assessment; 1756 Grand Avenue (J0809A) - reduce the assessment from a total of $414 to a total of $207; 69 Jessamine Avenue West (J0809G) – recommendation is forthcoming; approve the assessment; 394 Lafond Avenue (J0809A) – delete the assessment; and 662 Minnehaha Avenue West (J0809A) – delete the assessment.) Marcia Moermond, Legislative Hearing Officer, referred to property at 69 Jessamine Avenue West stating her recommendation is to approve the assessment. Pertaining to 1756 Grand Avenue, Ms. Moermond stated there was a refrigerator outside on this property that was taped shut. She said orders were given to the property owner that it needed to be removed by May 12, 2008. On May 14, City crews went out and the refrigerator was still there so the City removed it. Ms. Moermond said she later determined the owners had been out of town and did not receive the removal order. Because of that, her recommendation was to decrease the assessment but not totally eliminate it. No one appeared in opposition; Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0 (Bostrom not present for vote) Upon question of Councilmember Harris pertaining to1756 Grand Avenue, Ms. Moermond stated her recommendation is to reduce the assessment from the total of $414 to a total of $207. Councilmember Harris moved approval of the resolution as amended, per the recommendation of the Legislative Hearing Officer. Yeas – 5 Nays – 0 (Bostrom not present for vote) August 6, 2008 City Council Summary Minutes Page 20 73. Resolution Ratifying Assessment – 08-858 – In the matter of assessment of benefits, cost, and expenses for demolition of vacant buildings during April and May 2008 (J0806C); summary abatements (graffiti removal) on private properties from April 23 to May 23, 2008 (J0807P); emergency boarding and securing of vacant buildings during April 2008 (J0803B); summary abatement (property clean-up) on private property from May 7 to May 30, 2008 (J0810A); and weekly garbage hauling services from May 14 to May 28, 2008 (J0810G). (Legislative Hearing Officer recommends the following: 1222 Albemarle Street (J0810G) – delete the assessment; 1449 Carroll Avenue (J0807P) – delete the assessment; 918 Charles Avenue (J0807P) – delete the assessment; 950 Charles Avenue (J0807P) – delete the assessment; 903 Clark Street (J0810A) – recommendation is forthcoming; referred back to the August 19 Legislative Hearing and September 10 Council Public Hearing; 1031 Cumberland Street (J0810A) – delete the assessment; 2196 Doswell Avenue (J0810A) – delete the assessment; 1142 Edgerton Street (J0807P) – delete the assessment; 701 Edmund Avenue (J0807P) – delete the assessment; 35 Geranium Avenue East (J0810A) – approve the assessment; 1660 James Avenue (J0807P) – delete the assessment; 1990 Laurel Avenue (J0807P) – delete the assessment; 85 Magnolia Avenue West (J0807P) – delete the assessment; 106 Magnolia Avenue East (J0810A) – approve the assessment; 106 Magnolia Avenue East (J0810G) – approve the assessment; 1242 Minnehaha Avenue East (J0807P) – delete the assessment; 1171 Norton Street (J0810A) – delete the assessment; 634 Orleans Street (J0803B) – approve the assessment; 594 Rose Avenue East (J0807P) – delete the assessment; 1090 Seventh Street East (J0803B) – delete the assessment; 364 Sidney Street East (J0810A) – delete the assessment; 277 Topping Street (J0810A) – delete the assessment; 708 University Avenue West (J0803B) – approve the assessment; 1030 Walsh Street (J0810A) – approve the assessment; and 441 York Avenue (J0810G) – approve the assessment; laid over to the August 19 Legislative Hearing and August 20 City Council Public Hearing.) Additional Address: 59 Atwater Street (J0806C) – referred back to the August 19 Legislative Hearing and September 10 Council Public Hearing; August 6, 2008 City Council Summary Minutes Page 21 Marcia Moermond recommended that properties at 903 Clark and 59 Atwater Street both be referred back to the August 19 Legislative Hearing and the September 10 Council public hearings. The property owner of 106 W. Magnolia appeared in opposition to the assessment on his property and asked Council to revise it by either eliminating or reducing the assessment. Council President Lantry moved to close the public hearing and approval as amended, per the recommendation of the Legislative Hearing Officer. Yeas – 5 Nays – 0 (Bostrom not present for vote) 74. Appeal of Victoria Soplata to a Notice of Condemnation for property at 623 Jessamine Avenue East. (Legislative Hearing Officer recommends denying the appeal; the Department has since lifted the Condemnation as the owner is in compliance) No one appeared in opposition; Council President Lantry moved to close the public hearing and deny the appeal per the recommendation of the Legislative Hearing Officer. Yeas – 5 Nays – 0 (Bostrom not present for vote) Councilmember Harris requested the City Attorney prepare a draft letter for clarification on ex parte communication and submit it to Councilmember's. Councilmember Thune moved to adjourn the meeting. ADJOURNED AT 7:45 P.M. ATTEST: _______________________ ____________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: _____November 12, 2008 _____ Pattie Kelley Minutes approved by Council