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Approved Minutes 1-22-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 22, 1997 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Council President Thune called the meeting to order at 3:45 p.m. Present- 7 -Blakey, Bostrom, Harris, Mauer, Megard, Rettman, Thune Absent- 0 CONSENT AGENDA Councilmember Rettman requested a one week layover on Item 20. Council President Thune requested Item 17 be removed for discussion. Councilmember Harris moved approval of the Consent Agenda as amended. Roll Call: Yeas - 7 Nays - 0 MISCELLANEOUS Mickey Mouse and Minnie Mouse, the grand marshals of the 1997 Winter Carnival Parade, appeared before the Council. On behalf of the City Council, Council President Thune thanked Mickey Mouse and Minnie Mouse for their participation in the Winter Carnival, presented them with a resolution, and recognized them for the joy they have brought to children throughout the world. Tim Marx, City Attorney, appeared before the Council and announced that he will be taking a new position as Deputy Mayor on February 6. He extended his thanks and appreciation for serving the City Council and said he looks forward to working with the Council in his new position. Councilmembers extended their appreciation to Mr. Marx for his work with the Council. FOR ACTION 1. Claims of Elysia Aufmuth, Marlene Barghini, Lee Carter, Patrick Curran, Mary Desmond, Mark Esterly, Christopher Gerst, Eugene Kremer, Laura Littleford, William Mraz, Frank Omann, Sarah Palmer, Judith Pfluger, Mary Ryan, Saint Paul Yacht Club, Kenneth Smith, Jay Sutton, Lee Xiong, Kyle Yaedke, and Vaugn Young. Referred to Risk/Employee Benefit Management Division 2. Summons and Complaint in the matter of James Brendale vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 3. Order to Show Cause in the matter of the petition of 2145 Limited Liability Partnership, vs. the City of Saint Paul - Saint Paul City Council for an Alternative Writ of Mandamus. Referred to the City Attorney's Office January 22, 1997, City Council Summary Minutes Page 2 4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on February 13, 1997, 9:30 a.m., Room 1504, City Hall Annex, to consider adverse action against licenses held by Thanh Ngoc Nguyen, dba Cafe Karaoke Do Thanh, 1275 University Avenue West. 5. Letter from the Real Estate Division announcing a public hearing before the City Council on February 12, 1997, to consider the petition to vacate a portion of unimproved Hastings Avenue west of Kennard Street, allowing the area to accrue to the abutting land. 6. Letters from Saint Paul Public Health declaring 689 Conway Street, 1030 Oxford Street North and 608 York Avenue as "nuisance properties" and setting date of Legislative Hearings for February 4, 1997, and City Council Hearings for February 12, 1997. 7. Communication from Saint Paul Animal Control dated January 13, 1997, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 8 . Administrative Orders: D001108 Amending the budget in the Department of Public Works, 1993 and 1994 Capital Improvement Program by transferring 1994 Inflow/Infiltration funding and reducing Assessment funding to the 1993 Inflow/Infiltration Project. D001109 Amending the 1996 in the Office of Labor Relations to reflect the proper expenditure categories. D001110 Addition of$1,176.00 to the contract for the ventilation of patient rooms and staff areas at the Public Health Center. D001111 Addition of$4,482.00 to the contract for the Saint Paul Civic Center Expansion, CP-4 Building Construction. Noted as on file in the City Clerk's Office 9. Resolution - 97-27 -Approving the reappointments of Katherine Barron, Sister Frances Mary Benz, Mark Flahavan, Dennis Gerhardstein, Harold Hebl, Kenneth Lawrence, Dean Lemke, Nicole Otto, Steven Sarrazin, Richard Taylor and Jamie Warndahl, and the appointments of Jacqueline Heintz, Michelle Johnson, Greta Brockhausen Michaels and Jane Royse, by Mayor Coleman, to the Advisory Committee on Aging. (To be laid over one week for adoption) Laid over to January 29 for adoption 10. Resolution - 97-28 - Approving the reappointments of Brian Alton and Frank Scherman, by Mayor Coleman, to the Board of Zoning Appeals. (To be laid over one week for adoption) Laid over to January 29 for adoption 11. Resolution - 97-29 - Approving the reappointment of Terry Garvey, by Mayor Coleman, to the PHA- City (HRA) Pension Plan Administrative Committee. (To be laid over one week for adoption) Laid over to January 29 for adoption January 22, 1997, City Council Summary Minutes Page 3 12. Resolution - 97-30 - Approving the reappointment of Councilmember Roberta Megard, by Mayor Coleman, to the Ramsey County League of Local Governments. (To be laid over one week for adoption) Laid over to January 29 for adoption 13. Resolution - 97-31 - Approving the reappointment of Ruth Appelhof, by Mayor Coleman, to the Saint Paul Cultural Capital Investment Program. (To be laid over one week for adoption) Laid over to January 29 for adoption 14. Resolution - 97-32 - Approving the appointment of Councilmember Mark Mauer, by Mayor Coleman, to the Water Board of Commissioners. (To be laid over one week for adoption) Laid over to January 29 for adoption 15. Resolution - 97-33 -Approving Amendment No. 2 to the 1994-1996 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Professional Employees Association. (To be laid over one week for adoption) Laid over to January 29 for adoption 16. Resolution - 97-34 - Accepting a gift of computer training from the New Horizons Computer Learning Center for a staff member in the Housing Information Office. Adopted Yeas - 7 Nays -0 17. (Discussed after the consent agenda) 18. Resolution - 97-36 - Amending the Saint Paul Salary Plan and Rates of Compensation with regard to the education reimbursement policy, Section III.H, which increases the maximum annual reimbursement amount from $525 to $600 for full-time employees and from$250 to $300 for part- time employees. Adopted Yeas - 7 Nays - 0 19. Resolution - 97-37 - Canceling one registered bill and reissuing a new registered bill to the West Side Citizens Organization for rental of barricades for the 1995 West Side Pride Day community event. Adopted Yeas - 7 Nays - 0 20. Resolution - 97-38 -Approving the Joint and Cooperative Agreement establishing the Middle Mississippi River Watershed Management Organization including the City of Saint Paul, City of Minneapolis, Village of Saint Anthony, City of Lauderdale, City of Falcon Heights, Minneapolis Park and Recreation Board and the University of Minnesota. Laid over to January 29 Yeas - 7 Nays - 0 21. Resolution - 97-39 - Requesting that the Department of Transportation grant a variance from the State's standards for design of urban roadways for the reconstruction of Ohio Street from Annapolis Street to George Street. Adopted Yeas - 7 Nays - 0 January 22, 1997, City Council Summary Minutes Page 4 22. Resolution - 97-40-Establishing a deadline for review of Administrative Guidelines to implement the City and Housing and Redevelopment Authority's Living Wage Jobs Policy and to present a draft at the February 5, 1997, City Council Meeting. Adopted Yeas - 7 Nays -0 23. Resolution - 97-41 - Requesting an extension of time to complete work being done on a building at 212 East Baker Street. Adopted Yeas - 7 Nays -0 24. Resolution - 97-42 - Finalizing City Council action taken on January 2, 1997, concerning adverse action against licenses held by Laro, Inc., dba Patrick's Lounge, 1318 West Larpenteur Avenue. Adopted Yeas - 7 Nays - 0 25. Resolution - 97-43 - Approving the list of eligible organizations for the 1997 Charitable Gambling 10% Club. Adopted Yeas - 7 Nays - 0 26. Resolution - 97-44 - Amending the spending and financing plans of the Capital Improvement Budget authorizing a modification/expansion of the Sewer Maintenance Building on Burgess Street. Adopted Yeas - 7 Nays - 0 27. Resolution - 97-45 - Amending the spending and financing plans of the Capital Improvement Budget authorizing the construction of street signalization at Rice and Nebraska Streets. Adopted Yeas - 7 Nays - 0 28. Resolution - 97-46 - Amending Council File#136975 by allowing the petitioner to indemnify, defend and save harmless the City of Saint Paul regarding the vacation of part of Wabash Avenue. Adopted Yeas -7 Nays - 0 29. Resolution - 97-47 - Amending Council File#207428 by allowing the petitioner to indemnify, defend and save harmless the City of Saint Paul regarding the vacation of part of Wabash Avenue. Adopted Yeas -7 Nays - 0 30. Resolution - 97-48 - Amending Council File#146172 by allowing the petitioner to indemnify, defend and save harmless the City of Saint Paul regarding the vacation of the east and west alley in the area bounded by Raymond Avenue, a north and south alley on the west,Wabash Avenue on the north, and the right-of-way of the Chicago, Milwaukee, Saint Paul and Pacific Railroad Company on the south. Adopted Yeas - 7 Nays - 0 31. Resolution - 97-49 - Amending Council File#222489 by allowing the petitioner to indemnify, defend and save harmless the City of Saint Paul regarding the vacation of part of Raymond Avenue. Adopted Yeas - 7 Nays - 0 January 22, 1997, City Council Summary Minutes Page 5 32. Resolution - 97-50 - Authorizing the release of sewer easements at vacated Fourteenth Street. (#96- C-13) Adopted Yeas - 7 Nays -0 33. Resolution - 97-51 - Authorizing the release of utility easements at vacated Albemarle Street. (#96- C-12) Adopted Yeas - 7 Nays - 0 17. Resolution - 97-35 - Accepting a contribution of$25,000 from Simon Ventures, Inc., to purchase a CairnsIRIS helmet-mounted thermal imaging system for the Saint Paul Department of Fire and Safety Services. Tim Fuller, Fire Chief, appeared and stated the Fire Department is being offered a piece of technology that will enhance the firefighters capabilities and efforts in firefighting and rescue. It was originally military technology that is now available for other uses. (The KARE 11 TV News footage about this product was shown.) Steven Simons, Simon Ventures, presented a check to Fire Chief Tim Fuller for a CairnslRlS helmet-mounted thermal imaging system for the Saint Paul Fire Department. He expressed his concern for the safety of both citizens and firefighters and said he feels citizens should do whatever they can to help firefighters who are risking their lives to save people and their property. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 The meeting was recessed and the Housing and Redevelopment Authority meeting was called to order for consideration of the Consent Agenda. The HRA meeting was recessed and the City Council meeting resumed. FOR DISCUSSION 34. Resolution - 96-1537 - Ordering the owner to remove or repair the building at 581 Forest Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 180 days to complete the repairs on the condition the bonds are posted and permits obtained by December 11, 1996.) (Laid over from January 8) Reneta Weiss, Public Health, appeared and stated the owner has posted the bonds and has the necessary permits. She recommended granting 180 days to complete the repairs. Councilmember Mauer moved approval. Adopted (per recommendation of the Legislative Hearing Officer) Yeas -7 Nays -0 January 22, 1997, City Council Summary Minutes Page 6 ORDINANCES 35. Final Adoption - 96-1594 - An ordinance amending Chapter 60 and Appendices A and B of the Saint Paul Legislative Code pertaining to zoning. Councilmember Megard moved approval. Adopted Yeas - 7 Nays -0 36. Third Reading - 97-11 - An ordinance finalizing City Council action approving the petition of John Rodrigue to rezone property at 484 and 486 Larpenteur Avenue from OS-1 to R-3. (Public hearing held November 27, 1996) Laid over to February 5 for final adoption 37. First Reading - 97-52 - An ordinance amending Chapter 366 of the Saint Paul Legislative Code to require permits for use of downtown parks for community festivals and special events. Laid over to January 29 for second reading 38. First Reading - 97-53 - An ordinance amending the Saint Paul Administrative Code and the Saint Paul Legislative Code reorganizing the budget and finance functions; amending Administrative Code Chapters 2, 5, 21, 34, 57, 64 and 86; amending Legislative Code Chapters 6, 7, 34, 77, 430; Appendix H; and repealing Legislative Code Chapter 430.021 and 430.022. Laid over to January 29 for second reading (The meting was recessed from 4:20 to 4:40 p.m.) Roll Call: Present - 7 Absent - 0 PUBLIC HEARINGS 39. Resolution - 96-1472 - Approving application for a Liquor On Sale Club License by Germanic- American Institute, 301 Summit Avenue. (ID#19747) (Laid over from December 26) Christine Rozek, LIEP, appeared and stated she has received a request from the organization to withdraw this application. Withdrawn (Blakey left) 40. Resolution - 97-54 - Approving application for an Off Sale Malt, Grocery-C, Gas Station, and Cigarette License by Chong Vang, dba Sunny Mini Market &Gas, 1530 Sherwood Avenue. (ID #40236) No one appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) (Blakey returned) January 22, 1997, City Council Summary Minutes Page 7 41. Resolution - 97-55 - Approving the petition to vacate Scott Road in its entirety, for landscaping purposes. No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 42. Resolution - 97-56 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1099 and 1089 Burnquist Street, 1449 Wynne Avenue, 1668 North Hamline Avenue, 298 Banfil Street, 719 Wilson Avenue, 345 Washington Street, 1084 Jackson Street, 203 Forbes Avenue, 457 Portland Avenue, 35 West 5th Street,6 60 North Snelling Avenue, 130-140 East George Street, 281 East Kellogg Boulevard, 111 West Lawson Avenue and 1688 LaCross Street. 719 Wilson Avenue: Laura Jelinek, attorney representing tenant Sherry Leck, appeared. Ms. Jelinek stated she filed a tenants remedy action on December 10. Since that time, the housing court has had three review hearings on that action. Significant repairs have been done in Sherry Leck's apartment. Ms. Jelinek asked the Council to consider tabling this matter until February 19 because the landlord is willing to make the repairs. Gerry Strathman stated the property was condemned on December 6 and there have been a series of extensions as the property owner had indicated his intent to repair the building. Some tenants appeared and indicated they want to continue to live in the building. Progress is being made at this address. Councilmember Harris asked what the hazards were that caused the building to be condemned. Gerry Strathman responded the building is in a serious state of disrepair including holes kicked in the wall. Councilmember Rettman stated there had to be other violations for the building to be condemned besides holes in the wall. Gerry Strathman responded there were serious property violations. Ms. Jelinek stated her client's heat was not working in two rooms, the toilet was not functioning properly, the ceiling was leaking, and the tub was supported by wooden blocks. All these items have been repairs except for one of the radiators. Councilmember Rettman suggested the condemnation information be included in the packets. Councilmember Harris moved a two week layover. 719 Wilson Avenue -Laid over to February 5 Yeas - 7 Nays - 0 203 Forbes Avenue: Gerry Strathman stated that the order to pay the vacant building registration fee was being appealed and that Patrick Carlone was challenging the issue of whether the building is vacant. Patrick Carlone, property owner, appeared and stated he would like the fire inspectors who inspected his property to be present. He said he has occupied this building for 17 years and it has never been vacant. Mr. Carlone received a letter in July 1996 indicating that the building was vacant and he could not operate the property. There were 46 complaints here about the property and he alleges that January 22, 1997, City Council Summary Minutes Page 8 his home was illegally searched. He further stated he received a letter saying he was not allowed to occupy the dwelling and could be arrested as a trespasser. The day he received the letter, he went on vacation until October 1, 1996. He requested a continuance of this hearing and that there be documentation available to find out about a license, background, and authority of the fire inspectors who came on his property. Councilmember Blakey asked Mr. Carlone if he was living in the building. Mr. Carlone responded that he was living there until he was ordered out. In response to a question of Councilmember Megard, Patrick Carlone responded the taxes are Councilmember Rettman moved approval of the Legislative Hearing Officer's recommendations. She said the certificate of occupancy has to be renewed and there are major problems with the plumbing work, waste pipes, and vent pipes not property fitted. What is in front of the Council is the vacant fee and nothing else, she said. 203 Forbes Avenue - Legislative Hearings Officer's recommendations approved Yeas - 7 Nays - 0 35 W. 5th Street: Joyce Maddox, representing North Star, appeared and appealed the order of issuance for fire extinguishers in the basement of the building. Commercial State Bank and American Commercial had a certificate of occupancy for this building for many years, she said, and they were never required to have sprinklers in the basement. When the fire inspectors toured the facility, Ms. Maddox pointed out the basement was used for storage only and this will only be a temporary situation. The cost was estimated at over$100,000 for sprinklers, which they find prohibitive. Gerry Strathman stated Fire had concerns because the building does not have an outside entrance and there is an issue of the safety of people and firefighters in the case of a fire. Mr. Strathman stated it was his understanding there would be no people in this space nor storage of anything flammable, but since that time he has learned there will be a bathroom there. Councilmember Megard questioned the wisdom of going into a building, finding something, and then asking the owners to retrofit at this high cost. She felt it was an unreasonable requirement. Councilmember Harris stated 120 more employees will be downtown because First Star decided to relocate here. He suggested disposing of this item and said the Council could ask Gerry Strathman to follow up to make sure there are extinguishers and flammable materials are removed. This is a case of an exorbitant cost for one of the major employers downtown. Councilmember Mauer stated he is comfortable granting the appeal if the business will remove what is being stored. It is an exorbitant amount of money to be used on a basement that is only used for a restroom. Council President Thune stated if the Council upholds the appeal, Fire should go through to make sure the alarm systems are functioning and emergency lighting is working. January 22, 1997, City Council Summary Minutes Page 9 Councilmember Harris moved to grant the appeal with the condition that Fire Prevention check other safety items. 35 West 5th Street- Appeal granted Yeas - 6 Nays - 1 (Rettman) Other Addresses: Councilmember Harris moved to approve the balance. Adopted as amended Yeas - 7 Nays - 0 43. Resolution - 97-57 - Ordering the owner to remove or repair the building at 786 Randolph Avenue within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends laying this matter over to the April 1, 1997 Legislative Hearing) No one appeared in opposition; Councilmember Harris moved approval of the Legislative Hearing Officer's recommendations. Reneta Weiss, Public Health, appeared and stated the University of Minnesota is attempting to sell this property. They are asking for 120 days to sell it. Laid over to April 9 Yeas -7 Nays - 0 44. Resolution - 97-58 - Ordering the owner to remove or repair the building at 784 Fourth Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Mauer moved approval. Adopted Yeas - 7 Nays - 0 45. Resolution - 97-59 - Ordering the owner to remove or repair the building at 1747 Marshall Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 180 days to complete the repairs to the building on the condition that the bond is posted by January 22, 1997) No one appeared in opposition; Councilmember Megard moved approval. Adopted (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 46. Resolution - 97-60 - Ordering the owner to remove or repair the building at 1042 Lawson Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 120 days to complete the repairs to the building on the condition that a code compliance inspection is completed, the bond is posted and the registered vacant building fee is paid by January 22, 1997) William Quinlan, 1634 Reaney, appeared and stated he purchased this building in October. It was about two weeks after he closed on the house that the house was deemed vacant. Mr. Quinlan did not allot the money for the bond and asked for the bond to be reduced by half. January 22, 1997, City Council Summary Minutes Page 10 Antonio Tores, 1044 Lawson, appeared and stated he has witnessed animals being beaten at this property and a previous tenant had been shooting a gun in the open air. There have been numerous other things including trash piled up in the side window. Councilmember Bostrom moved approval of the resolution. Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0 47. Resolution - 97-61 - Approving the decision of the Legislative Hearing Officer based on the Findings of Fact, Conclusions and Recommendation concerning the Revocation of Certificate of Occupancy for Linda May Spencer, dba Cosmos, 843 Rice Street. Councilmember Rettman moved approval and extended thanks to the block club, the neighborhood, the police, and the City Attorney's Office for their assistance. Adopted Yeas - 7 Nays - 0 48. Resolution - 97-62 - Approving the decision of the Legislative Hearing Officer based on the Findings of Fact, Conclusions and Recommendation concerning the Revocation of Certificate of Occupancy for Kandi-Rain, Inc., dba Lee Lenore's, 740 North Snelling Avenue. No one appeared in opposition; Councilmember Megard moved approval. Adopted Yeas - 7 Nays - 0 49. Resolution - 97-63 - Approving the decision of the Legislative Hearing Officer based on the Findings of Fact, Conclusions and Recommendation concerning the Revocation of Certificate of Occupancy for L& S, Inc., dba The Emporium, 1075 Hudson Road. No one appeared in opposition; Councilmember Mauer moved approval. Adopted Yeas - 7 Nays - 0 50. Public Hearing to consider the application of the Saint Paul Port Authority to rezone property from B-3 (general business) to I-1 (light industrial) to remedy a split-zoning classification of the property at 110 West Sycamore Street (south side between Rice &Park Streets). No one appeared in opposition; Councilmember Harris moved approval. Motion of intent adopted Yeas - 7 Nays -0 51. Public Hearing to consider the appeal of Thomas Hafner and Michael Mortimer to a decision of the Heritage Preservation Commission to deny approval to install hardboard siding, cover window openings, and alter eaves at 550 Ashland Avenue. Aaron Rubenstein, License, Inspection, Environmental Protection, appeared and stated Thomas Hafner got a permit in 1993 to remove asbestos siding and restore the underlying original siding. He decided instead to install new hardboard siding because the original siding had deterioration, it was of different widths, and he wanted the building to have a more uniform look. Mr. Rubenstein told Mr. Hafner to stop his work. In July of 1996, work was continued on the building and again they were told to stop. Several months later the work still continued and the building inspector ordered them to stop and get a permit. January 22, 1997, City Council Summary Minutes Page 11 Aaron Rubenstein requested the appeal be denied and the owner remove the hardboard siding to allow the condition of the original siding to be evaluated for the feasibility of restoration. The eaves would need to be rebuilt according to the original configuration and some additional windows may need to be installed. Property owners must follow proper permit procedures and follow historic district guidelines, he said. Thomas Hafner, 4238 Park Circle, and Mark Mortimer, 1762 Englewood, both appeared before the Council. Thomas Hafner stated when the house was purchased, it was a seven unit rooming house. They were handed a certificate of occupancy inspection with 93 code violations. Since then, the house has been rewired up to current standards, a new copper water line has been installed, and the copper piping inside the house was redone. The 93 code violations were fixed. Both owners thought they knew what could and could not be done. The siding under the asbestos did not look like it could be fixed. The Health Department said the garage needed to be fixed also and permits were obtained. Mark Mortimer stated the building inspector was never at the building until the day they were done and it was being painted. The building looks good, he said. Council President Thune closed the public hearing. Councilmember Harris asked what would it cost to remove the siding and install other siding. Mr. Rubenstein responded that what the HPC typically requires is whatever is covering it be removed entirely or sections are removed. He and another members could discuss the condition of the wooden siding. Thomas Hafner said the siding cost them$5,000 to $6,000. Robert Lunning, Heritage Preservation Commission, appeared and stated the applicant received a building permit for repair and replacement of the existing siding. There was a building permit in 1995 for repair of the garage siding. In October 1996, hardboard siding was on site. The HPC is asking for a denial for review of the condition of that siding. A significant amount of money has been spent and that will be taken into account in the decision that is made. Council President Thune stated some people are concerned because HPC guidelines are one of the things that raise the value of their property. If the Council keeps excusing people, he feels they will continue too plead ignorance. Councilmember Blakey moved to deny the appeal, have an evaluation done, see what condition the original siding is in, and have it come back before the Council. There is an honor system among people who buy into the historic area. There has to be respect for the licensing procedures in Saint Paul and people can not be allowed to take a permit and then do whatever they want. Councilmember Megard stated the owners failed to obey the orders. Councilmember Mauer stated it was obvious there was a complete disregard for the whole process. The motion was fair and it may come back to the Council that the siding needed to be replaced. Mr. Mauer asked the owners if they were aware that the permit called for repair and replacement of January 22, 1997, City Council Summary Minutes Page 12 the miscellaneous section of the siding. Thomas Hafner responded the cardboard copy of the permit did not say siding replacement. The intent was to keep the siding that was there. It exists on the front of the house. It's in good shape and cleaned up. Councilmember Harris asked for a report on the cost. Councilmember Megard called the question. Yeas - 6 Nays - 1 (Harris) Appeal denied Yeas - 5 Nays - 2 (Harris, Rettman) 52. Public Hearing to consider the appeal of Jason Patalonis to a decision of the Heritage Preservation Commission denying approval of the installation of sliding glass doors at the rear of the building at 506 Portland Avenue. Jason Patalonis withdrew his appeal. He said he purchased a door, went to the get a permit, and found the door did not fit the guidelines of the historic district. He said he first expected the City to make an exception for him, but has come to realize that this is not right. There are a lot of people putting a lot of money into the neighborhood. If a person purchases a home in a historic preservation area, he suggested there should be guidelines at the time of closing. Councilmember Megard stated the City is not involved in private property transactions. Mr. Patalonis responded that he did not feel it would be inappropriate for the City to ask Realtors to inform a potential buyer that the property is in a historic preservation area and HPC laws have to be followed. Councilmember Bostrom stated it would be to late to do that at the time of closing but rather should be done in the truth in housing statement so people going through a house in an historic area are properly informed. Aaron Rubenstein stated the HPC has talked about this and he will try to initiate a concept of this type. Councilmember Harris further suggested doing a mailing to homes in historic areas to remind them of the rules for remodeling. Councilmember Rettman stated that many houses do not have truth in housing but are sold contract to deed. HUD also sells houses without truth in housing. She suggested the historic guidelines be sent to the owner when the deed is registered. Withdrawn January 22, 1997, City Council Summary Minutes Page 13 Councilmember Bostrom moved adjournment. Roll Call Yeas -7 Nays -0 r • b ' : iAT6:•OP.M. Da id Th e, Z cil President ATTEST: Minutes approved by Council Nancy nde n A Q S, lcl \wt Assistant Council Secretary rn