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Regular City Council Meeting Monday, February 14, 2011 Page 17 Mr. Trudgeon noted that it should be in the form of an application and fee, not a petition,just as it would apply to any property owner. Member McGehee opined that the application process was primarily written for development scenarios rather than a cohesive neighborhood group. Member Pust clarified that an individual homeowner would be required to hold an Open House and make application with the $600 fee if they were seeking rezoning; in accordance with the City's adopted fee schedule, and that the fee couldn't be waived and that it should be differen- tiated from other applications since the City Attorney would advised the City Council that such action could be interpreted as "gifting public monies,"which the elected body could not do. Chair Roe noted differences in the standard: 500' and 50% of property owners in that area, not just those abutting property owners. Member Pust opined that it was important to emphasize that there was another path available to the citizens if they determined to pursue it; noting that while there may not be majority support from the City Council to proceed, she didn't want the neighbors to leave tonight's meeting under the impression that they had no way to be heard, which was the message she was receiving based on the tenor of Ms. Mix's remarks. Member Pust assured them that they could be heard and that the City Council would hear them. Chair Roe noted that this was simply a procedural process at this point, and that once the body reconvened as the City Council, further discussion could ensue that could shed more light on in- dividual City Councilmember positions. John Runquist, Trustee for the Owner of One of the Subject Properties Mr. Runquist advised that he had become Trustee of the property upon the death of the property owner, Mr. John Hens; and had been trying to close out the Trust since then, while it had been an uphill battle, everything was now completed with the exception of the sale of this property. Mr. Runquist noted that the heirs have waited over five years without receiving their inheritance from the Trust; and that two of the three heirs had predeceased settlement. Mr. Runquist noted that Ms. Mix wanted to put faces on the parties; and his comments were for the purpose of doing so from his perspective. Mr. Runquist reviewed past attempts for negotiation of issues between the interests related to this property and that of the townhome association, and the unwillingness of Ms. Mix as President of the Townhome Association in negotiating in good faith. Mr. Runquist elaborated on those two issues: survey errors causing three of the twelve townhomes to be built across property lines, which he opined was caused by a City employee error approving the asso- ciation's development plan; and failure of the association to install a tile system to facilitate drai- nage of their site. Mr. Runquist advised that the delays have cost approximately $11,000 for the heirs in property taxes to Ramsey and Hennepin Counties and to the City for utility costs on a vacant building over six years. Mr. Runquist reviewed the eventual resolution of those issues with the association; and the current and long-awaited Purchase Agreement pending since Sep- tember 23, 2010 due to this petition process. Mr. Runquist asked that the City Council not change this from HDR and keep the heirs in flux any longer; noting that there was no develop-