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Council President Lantry stated that there was a request to withdrawn Item 15.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
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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