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Approved Minutes 12-9-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 9, 1998 - 3:30 - 5:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Saint Paul, Minnesota The meeting was called to order at 3:50 p.m. by Council President Bostrom. Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA Councilmember Harris requested Item 5 be removed for discussion. Councilmember Blakey requested Item 6 be removed for discussion. Councilmember Lantry requested Item 9 be removed for discussion. Councilmember Harris moved the Consent Agenda as amended. Yeas - 6 Nays - 0 FOR ACTION 1. Approval of minutes of October 28 and November 4, 1998. Adopted Yeas - 7 Nays - 0 2. Claims of Jeannie Gatlin, Mark Genereux, Erik Kavanaugh, and Michelle Taylor. Referred to the City Attorney's Office 3. Administrative Orders: D001617 Authorizing the Department of Fire and Safety Services to pay for all costs incurred to hold a Critical Stress Incident Debriefing on September 17, 1998. D001618 Authorizing the Department of Fire and Safety Services to pay for all costs incurred to complete a female firefighter entrance test norming study. D001619 Amending the 1998 budget in the Department of Technology and Management Services by moving $5,000 budgeted for an intern in 91269 to consulting object code. D001620 Authorizing the Citizen Service Office/Marketing and Promotions to pay The Arts Partnership $12,500.00 for two kiosks which will initially be located at the Mall of America and Union Depot. Noted as on file in the City Clerk's Office December 9, 1998 City Council Summary Minutes Page 2 4. Resolution - 98-1066 - Finalizing City Council action taken October 14, 1998, denying the application of Donald Frable and Steven Winover to rezone property from RM-2 (residential multiple-family) to B2-C (Community Business Converted) to allow conversion of a single family house to an insurance office use at 1488 Grand Avenue. Adopted Yeas - 7 Nays - 0 5. (Removed for discussion) 6. (Removed for discussion) 7. Resolution - 98-1069 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 643 Virginia Street, 642 North Street, 243 Lexington Parkway South, 661-663 Fifth Street East, 195 Exchange Street, 1104 Rice Street, 216 Sherburne Avenue, and 836 Dayton Avenue. Adopted Yeas - 7 Nays - 0 8. Resolution - 98-1070 - Amending the 1998 Capital Improvement Budget by adding $280,000 to the 1998 Groveland Play Area and Sitework project. Adopted Yeas - 7 Nays - 0 9. (Removed for discussion) 10. Resolution - 98-1072 - Authorizing the proper City officials to enter into the necessary agreements to accept and expend $2,500 of grant funding from Minnesota Amateur Sports Commission (MASC) "Mighty Kids" for sports equipment, uniforms, scholarships, and materials to set up a concession stand at Homecroft Recreation Center. Adopted Yeas - 7 Nays - 0 11. Resolution - 98-1073 - Establishing a spending plan for the Local Law Enforcement Block Grant III received from the Bureau of Justice Administration. Adopted Yeas - 7 Nays - 0 12. Resolution - 98-1074 - Concurring with the Board of Water Commissioners declaration of certain real properties in Ramsey, Anoka, and Dakota Counties as surplus property and authorizing quitclaim of the City's interest in the properties in favor of the Board. Adopted Yeas - 7 Nays - 0 13. Resolution - 98-1075 - Authorizing the Director of Public Works to request a variance to Minnesota Rule 8820.9936 for the design speed of a horizontal curve on Victoria Street at Nebraska Avenue intersection. Adopted Yeas - 7 Nays - 0 14. Resolution - 98-1076 - Establishing the rate of compensation for the class of City Building Official. Adopted Yeas - 7 Nays - 0 December 9, 1998 City Council Summary Minutes Page 3 15. Resolution - 98-1077 - Establishing the rate of pay for the title of "LIEP Help Desk Coordinator." Adopted Yeas - 7 Nays - 0 16. Resolution - 98-1078 - Authorizing the proper City officials to issue a refund of the Sewer Availability Charge to HM Metro Builders in the amount of$1,000.00. Adopted Yeas - 7 Nays - 0 17. Resolution - 98-1079 - Setting a public hearing date for December 23, 1998, to consider increasing the Sewer Service Availability Charge (SAC) from $1,000.00 to $1,050.00 beginning January 1, 1999. Adopted Yeas - 7 Nays - 0 18. Resolution Approving Assessment - 98-1080 - In the matter of condemning and taking a permanent easement near the intersection of Kenny Road and Desoto Street, and setting date of public hearing for January 27, 1999. (File #18856E) Adopted Yeas - 7 Nays - 0 19. Resolution Approving Assessment - 98-1081 - In the matter of condemning and taking easements near the intersection of Marillac Lane and Point Douglas Road, and setting date of public hearing for January 27, 1999. (File #18875E) Adopted Yeas - 7 Nays - 0 20. Preliminary Order - 98-1082 - In the matter of improving Victoria Street from Larpenteur to Arlington Avenues with bituminous roadway, concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system, and all other work necessary to complete improvements for the Grotto/Hoyt Street Paving and Lighting Project, and setting date of public hearing for February 3, 1999. (File #18884A) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 5. Resolution - 98-1067 - Finalizing City Council action taken November 12, 1998, denying the appeal of Melvin Spiegler Properties LP to a decision of the Planning Commission approving a parking ramp proposed by Park N Jet at 2751 Shepard Road. Councilmember Harris moved to introduce a substitute resolution noting that there was a typographical error in the original resolution. Substitute introduced and adopted Yeas - 7 Nays - 0 6. Resolution - 98-1068 - Considering the request of Pooja, Inc., 149 East University Avenue for a stay of Council File 98-1012 adopted November 12, 1998, pending determination of their case by the Court of Appeals. Phil Byrne, Assistant City Attorney, stated that this matter involves the Travel Inn in which Pooja, Inc. appealed its case to the Court of Appeals. Before the applicant can apply to the Court of December 9, 1998 City Council Summary Minutes Page 4 Appeals for a stay of enforcement of the City Council decision, he must requested a stay from the Council. Steven Kelly, Bannigan and Kelly Law Firm, appeared and stated he was appearing before the City Council on behalf of Pooja, Inc. to request the Council stay the denial of a license application. Mr. Kelly stated that the last time he appeared before the Council, there was an allegation of 250 police calls to this property, however, there were actually only 18 police reports. There was also a statement the company had been operating without a license. However, City staff had recommended that Travel Inn enter into a management agreement with the former owners pending a decision on the license. The stay was granted and, therefore, Travel Inn was operating with the option formulated by City staff. Mr. Kelly recommended adding conditions to the stay and if the conditions are not met, the stay can be pulled. Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections, and Environmental Protection (LIEP), appeared and stated that LIEP is in opposition of the stay. She note that: 1) This matter has gone to the Court of Appeals. Steven Kelly indicated that Pooja, Inc. was not operating with a license because there was a management agreement. However, Mr. Palmer said it is important to note that there never was a license. They applied for a license and were denied. The Administrative Law Judge (AU) determined there were no conditions under which the business could operate. The Council made a determination that the business is detrimental to the public well being and safety and, for that reason, the Council should deny the request for a stay of the denial. Councilmember Blakey moved to deny the stay. Adopted as amended Yeas - 7 Nays - 0 9. Resolution - 98-1071 - Authorizing the proper City officials to enter into the necessary agreements to accept and expend $5,000 of grant funding from Minnesota Amateur Sports Commission (MASC) "Mighty Kids" for football equipment and basketball team fees at Conway Recreation Center. Councilmember Blakey moved approval. Adopted Yeas - 6 Nays - 0 Abstention - 1 (Lantry) 21. Resolution - 98-1083 - Adopting the 1999 City of Saint Paul Tax Levy payable in 1999. Joe Reid, Director, Office of Financial Services, appeared and stated there is a zero increase in the tax levy and it follows the maximum levy set earlier this year. Councilmember Coleman moved approval. Adopted Yeas - 7 Nays - 0 December 9, 1998 City Council Summary Minutes Page 5 22. Resolution - 98-1084 - Adopting the 1999 City of Saint Paul Annual Budgets. Joe Reid, Director, Office of Financial Services, explained the changes to the Mayor's Proposed Budget. Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 23. Resolution - 98-1085 - Approving the Saint Paul Port Authority Property Tax Levy payable in 1999. Joe Reid, Director, Office of Financial Services, stated that the Port Authority has adopted this tax levy and that there was no increase. Councilmember Lantry moved approval. Adopted Yeas - 7 Nays - 0 24. Resolution - 98-1086 - Approving the Saint Paul Housing and Redevelopment Authority (HRA) Property Tax Levy payable in 1999 and approving the HRA 1999 Budget. Joe Reid, Office of Financial Services, stated the Housing and Redevelopment Authority has approved this budget and this resolution ratifies it by the City Council. Councilmember Harris moved approval. Adopted Yeas - 7 Nays - 0 25. Resolution - 98-1087 - Authorizing release of the Phalen Boulevard Draft Environmental Impact Statement ( EIS) for public comment, and setting date of public hearing for January 27, 1999. Nancy Frick, Department of Planning and Economic Development (PED), appeared and stated this report was prepared by the City and approved by MNDOT and the Federal Highway Administration. The purpose is to release the EIS for public review and comment in accordance with federal and state law. This draft was prepared under the guidance of the community task force. It is based on a formal scoping decision made by the City Council in 1996. It has been favorably reviewed by the Planning Commission and appropriate federal and state agencies. The resolution sets January 27, 1999, as the date for the public hearing and it will be jointly sponsored with the Planning Commission which is the practice with major projects. Councilmember Coleman moved approval. Adopted Yeas - 7 Nays - 0 December 9, 1998 City Council Summary Minutes Page 6 ORDINANCES 26. Second Reading - 98-1055 - An ordinance amending Section 33.05 of the Saint Paul Legislative Code pertaining to the City's Certificate of Occupancy Program by exempting multi-family residential buildings that are owner occupied and providing for new inspection guidelines for renewal of non-residential Certificates of Occupancy to be based on the hazard of the occupancy. (Substitute introduced on December 2) Laid over to December 23 for third reading/public hearing 27. Second Reading - 98-1056 - An ordinance finalizing City Council action approving the petition of Mark Fuhr to rezone property at 399 Ruth Street from P-1 (Parking) to B-3 (General Business) and RM-2 (Multiple-Family Residential) to allow construction and operation of an Amoco Certicare Auto Repair Station. (Public hearing held October 14, 1998) Laid over to December 16 for third reading (The meeting was recessed from 4:15 p.m. to 5:33 p.m.) Roll Call: Present - 5 Absent - 2 Blakey, Coleman (arrived shortly after roll call) PUBLIC HEARINGS 28. Resolution - 98-1038 - Authorizing the proper City officials and staff to enter into a lease agreement with the Saint Paul Yacht Club that will supersede an agreement between the same parties dated June, 1992. (Laid over from November 25) Mike Hahm, Division of Parks and Recreation, appeared and stated consideration has been made to move the land-based operations from where they are currently located to the upper location at the other end of the park. A key consideration is moving the yacht club and developing the land for other park purposes where the yacht club is presently located. Location change is part of the Harriet Island-Lilydale Master Plan which was approved by the City Council and the Metropolitan Council Parks and Open Space Commission in 1991 and also is part of the site plan developed over the last two years. During the next construction season, the plan is to start the $13.5 million Harriet Island development. (Blakey arrived) Mike Hahm stated the existing lease agreement with the Yacht Club is obsolete. When the current lease was executed in 1992, it was anticipated that before the lease would expire, the Yacht Club would be asked to move. Several provisions were added to that lease as to how the City would deal with the pending development of Harriet Island and the Yacht Club. Parks and Recreation had to provide the club notice of moving, identify another suitable location, and to make that land available to receive the club. All these things have been done. Since the lease has been executed, a public dock has been constructed. Negotiations have been going on for two months which resulted in the lease before the Council on this date. The goal is to provide the same opportunities for the yacht club in the new location. A 15 year term was agreed to. The existing agreement has 3-1/2 years remaining on it. December 9, 1998 City Council Summary Minutes Page 7 The following people appeared and spoke in opposition to the resolution: Peggy Lynch, Friends of Parks and Trails Sherilyn Young, 71 Isabel Street West #1 James Bukowski, 454 Stryker Avenue Tom Welna, owner of Covington Inn and No Wake Café The following people appeared and spoke in support of the resolution: Tom Mega, 781 Sexton, Yacht Club Secretary Annette Roblis, West Side Citizens Organization (WESCO) Jim Kosmo, Padelford Packet Boat Company Sam Verdeja, 333 Winifred Street East Neil Denbleyker, 1952 Crown Point Drive, Mendota Heights, Yacht Club member Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Coleman asked about the capital improvements. Mike Hahm responded that the type of investment they are talking about is the docking systems which are in the upper harbor and along the shore in the lower harbor. They have outdated equipment - trailers, forklifts, etc. - that need to be replaced. Mr. Coleman stated there is a concern about boats being dry docked for an extended period of time. Mr. Hahm responded the Yacht Club believes it needs to be cleaned but part of the problem is legal challenges. If somebody abandons a boat, certain channels have to be gone through. Councilmember Coleman said he felt a shorter lease is more appropriate. He said he would like to see language included regarding the environmental issues and more information on the gas and equipment sales. If the improvements are for the Yacht Club, then the costs should be incurred by them. Mark Hahm stated he would have to go back to the Yacht Club to change these items because it is a negotiated list. The beneficiary of those items are for the people that use them and not individual companies. Councilmember Harris stated he is uncomfortable with the language regarding stewardship. He also expressed concerned about "junk boats" that are not in the water. This issue and storage should be addressed in the lease. Councilmember Harris moved to lay over to December 23. Laid over to December 23 Yeas - 7 Nays - 0 (Bostrom left the meeting; Harris assumed the chair) December 9, 1998 City Council Summary Minutes Page 8 (Items 29 and 30 were discussed in tandem) 29. Resolution - 98-1088 - Approving the issuance of nine available taxicab licenses. Councilmember Coleman moved approval. Adopted Yeas - 5 Nays - 1 (Blakey) 30. Resolution - 98-1089 - Approving the issuance of twenty three six-month winter taxicab licenses. Bob Kessler, Director, Office of License, Inspections, and Environmental Protection (LIEP), appeared and stated there are two issues before the Council: the recommendation for 9 permanent taxicab licenses and 23 winter licenses. Mark Moeller, member of the Business Review Council (BRC), appeared and stated this is a big issue in Saint Paul. The temporary licenses are a good way to look at the issues regarding service. Tom Helgeson, Minnesota Department of Administration, Management and Analysis Division, appeared and reviewed the results of a survey. Downtown Minneapolis organizations have positive assessments of availability and responsiveness. Outside of downtown, the ratings change to almost exclusively negative. In downtown Saint Paul, there are reports of bad experiences with availability and responsiveness, but it is more positive outside of downtown Saint Paul. The survey is not scientific; therefore, he said he cannot conclude that the City needs more taxicabs. It is unknown what is causing the problems, but many cities have had problems with taxicabs. A Price Waterhouse study was done five years ago on taxicab service around the country, Helgeson said. Saint Paul has .46 cabs per thousand population. Minneapolis has a little over 1 cab per thousand population. In the winter, Minneapolis adds 50 to 60 temporary licenses which brings the ratio up. However, population is not a perfect measure. There are six ways to approach the question of how to determine how many cabs are needed: 1) A predetermined ceiling, which is what Saint Paul currently does; 2) population; 3) using convenience and necessity factors; 4) a franchise method where a certain company will do all the service in that district and specify the outcome measures the company has to meet; 5) allow any cabs to enter the market as long as they meet certain standards which are set high enough so that only responsible operators will enter the market; 6) open entry, which has not worked out wherever it has been tried. Mr. Helgeson suggested the Council include the cab industry in discussions of this issue. The following people appeared and spoke in opposition to the resolutions: Pat Burkett Jones, 340 Atwater Street Robert Stone, 1616 Lafond Avenue, owner of seven taxicab licensed under Green and White Taxi; David Farrell, 3460 34th Avenue South, Minneapolis, Yellow Cab driver Cathie Wendell, 1434 Como Avenue, City-Wide Cab Company Bob Kessler stated that notices were sent out in July,1998 indicating there were taxicab licenses available, and it was expected the Council would add more. Of the 54 license applications LIEP December 9, 1998 City Council Summary Minutes Page 9 received, 9 were recommended. Mr. Kessler stated he had no problem laying over the request for 23 winter licenses for another month. Councilmember Lantry stated that the nine permanent licensed companies are currently not doing business in Saint Paul. Bob Kessler responded that Airport Taxi has about five licenses and a company needs ten licenses to provide good service. The additional licenses would give Airport Taxi the ability to provide better service. Councilmember Benanav asked how the taxicab licenses would be monitored so that service is improved in certain areas. Bob Kessler responded there will be an analysis in the spring of the year to determine the effect of the new licenses. Also, LIEP will continue to be on the street monitoring service. Councilmember Blakey asked about dealing with the lack of drivers. Tom Helgeson responded that if Saint Paul is having trouble finding drivers, then there should be similar problems in Minneapolis; however, Minneapolis has ample service downtown. Councilmember Lantry stated a problem is that people may call three different cab companies and then take the first cab that comes. There is a concern with taxicabs going repeatedly to the same place. Mr. Helgeson responded when licenses are given to operators that are large enough to have a 24 hours dispatch service, these drivers have more of a tendency to go where there is a chance to pick up more business in the under-serviced areas. Councilmember Reiter stated that cab drivers may be looking forward to the winter because people take more cabs at that time. He asked whether adding more winter licenses takes away from the full-time cabdrivers. Mr. Helgeson responded that it depends on whether the drivers go to the well-served areas or other areas. Some hotels discourage their patrons from using certain cab services because of unreliability. When hotels have agreements with a particular company, then service is better. Councilmember Lantry asked if the criteria was made clear to the cab companies. Mr. Kessler responded that it was, but no one is totally pleased with LIEP's recommendations. He indicated that Rainbow Taxi is willing to go to areas that need it the most. Airport Taxi is ready to show they can compete; they are metro-wide, but do not have enough licenses to respond. Gedion Adeda, 565 Aldine Street #13, appeared and stated he has been in the taxi business since 1986. When he worked with Rainbow Taxi, there was only one Saint Paul license. Rainbow had good service as drivers had to respond in 15 minutes. Councilmember Coleman moved to close the public hearing. Yeas - 6 Nays - 0 Councilmember Coleman moved to approve Item 29 noting that he did not hear much opposition from the industry. Councilmember Blakey felt there should be further discussion on Item 29. Item 29 Adopted Yeas - 5 Nays - 1 (Blakey) December 9, 1998 City Council Summary Minutes Page 10 Councilmember Coleman moved approval of Item 30. Councilmember Lantry moved a two week layover to hear more comments from the taxicab drivers and owners. Chair Harris stated the Council is not a regulatory body with expertise in taxicab operations; however, the Council does know that Saint Paul citizens are under-served. There should be proactive steps instead of further dialogue, he said. Councilmember Benanav stated he has a problem with the process because the drivers were not told they were winter licenses; rather, they were told they were permanent. Robert Kessler responded he could query the people who are recommended for the 23 licenses and ask them if they are interested in winter licenses. Item 30 Laid over to December 23 Yeas - 4 Nays - 2 (Benanav, Hams) (Benanav left and returned) 31. Resolution - 98-1090 - Ordering the owner to remove or repair the building at 224 Bates Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the January 19 Legislative Hearing) Gerry Strathman, Legislative Hearing Officer reported this is an apartment building, which has been vacant for some time. It is secured and there were two inspections done. The first inspection revealed a large number of items to be repaired. The second inspection had a shorter list. The owner said he is pursuing two alternatives: 1) He is in negotiations with a company that plans to purchase the building and turn it into housing for people with special needs, or 2) The owner will reopen the apartment building. Mr. Strathman stated this building is relatively modern. (The Council was shown photographs of the property.) Councilmember Lantry moved to layover to December 16. On December 15 it will be decided if the building is sold. It has been vacant since 1995 and it was originally condemned due to infestation of vermin. Patricia Whitney, 878 Payne Avenue, attorney and property manager representing the owner, appeared and stated the owner will not be at a point to have an answer by December 15. If the owner does not sell the property, the building will be remodeled. Several pest control companies have been retained but the problem was not solved. The building is secured and is constantly monitored. A dumpster is on the property and Ms. Whitney is there two to three times a week to pick up garbage. Karen Cole, Kennedy and Graven Law Firm representing V.K. Arrigoni, appeared and stated her client proposes to place a resident treatment facility at the location. Ms. Cole supports the Legislative Hearing Officer's recommendation that this be laid over until January 19. December 9, 1998 City Council Summary Minutes Page 11 Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Councilmember Lantry stated this building is a nuisance; it has been vacant for a long time and it should not take three years to exterminate the cockroaches. Laid over to December 16 Yeas - 6 Nays - 0 32. Resolution - 98-566 - Ordering the owner to remove or repair the building at 674 Wells Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from October 28) Gerry Strathman, Legislative Hearing Officer, reported this building has been vacant since October 1997. The current property owners did not indicate their intentions with the property and did not appear at the legislative hearing. The $200 building fee and real estate taxes over $3,000 are both unpaid. He further noted that no bonds had been posted and no permits were pulled. John Schoonover, 11666 Wayzata Boulevard, representing the holder of contract for deed, appeared and stated improvement has been made. The property was intentionally damaged by a former tenant and it stood vacant for a period of time before someone took responsibility for it. The interior, exterior, and the grounds have been improved, the property is secured, taxes have been paid, and the municipal utilities are current. Mr. Schoonover requested additional time to work on the building. Councilmember Coleman moved to close the public hearing. Yeas - 6 Nays - 0 Chair Harris stated there was a request from Council President Bostrom for a layover to February 10. Councilmember Coleman moved to layover to December 16 on condition that the vacant building fee is paid, a bond is posted, and the necessary permits are pulled. Laid over to December 16 Yeas - 6 Nays - 0 (Items 33 and 34 were discussed in tandem.) 33. Final Order - 98-1091 - In the matter of improving streets with bituminous roadway, construct concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system and other work necessary for the Pascal- Jefferson Street Paving and Lighting Project. (File #18882) Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 December 9, 1998 City Council Summary Minutes Page 12 34. Final Order - 98-1092 - In the matter of construction of water, sanitary sewer and storm sewer service connections, if requested by the property owner, in conjunction with the Pascal-Jefferson Area Street Paving and Lighting Project. (File #18882C) Carol Seline, 385 Pascal Street South, appeared and stated she is interested in seeing that the streets are not made wider, that there are curb cuts in certain areas, omission of whitener in the concrete, bumpouts in certain areas to slow down traffic, and aeration of the concrete in order to allow the water to aerate before going into the storm sewer. Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Items 35 and 36 were discussed in tandem) 35. Final Order - 98-1093 - In the matter of the Hewitt/Aldine Residential Street Paving and Lighting Project. (File #18886) Councilmember Benanav moved to close the public hearing and approval. Yeas - 6 Nays - 0 36. Final Order - 98-1094 - In the matter of construction of storm sewer connections, sanitary sewer connections and water connections, at the request of the property owner, in conjunction with the Hewitt/Aldine Street Paving and Lighting Project. (File #18886C) (Harris left; Lantry assumed the chair) Benita Tasselmyer, 785 Aldine Street, appeared and stated one street is missing lantern style lighting. She spoke to Mike Eggum, Department of Public Works, who said the entire cost would be $66,200 or $22.00 a foot for assessments. Ms. Tasselmyer received a notice two days later saying the Real Estate Department sent out notices in error saying that it would be $4.39 a foot for lighting. A petition was circulated and Ms. Tasselmyer would like this project done for $4.39 a foot. (Harris returned) Councilmember Benanav moved to close the public hearing. Yeas - 6 Nays - 0 Mike Eggum appeared and stated streets that had been done 15 years ago are left as is. If the neighbors want this lighting, they will have to pay the full price. Councilmember Coleman asked what percentage of the residents the petition represents. Ms. Tasselmyer responded about 50%. December 9, 1998 City Council Summary Minutes Page 13 Councilmember Benanav moved to close the public hearing and approval of Items 35 and 36. Adopted Yeas - 6 Nays - 0 37. Public hearing to consider the application of Lake Phalen Townhomes, LLC for approval of the final plat application which will allow the property bounded by vacated McAfee Street to the west, Maryland Avenue to the south, and Clarence Street to the east to be subdivided into residential lots. (Public hearing to be laid over to December 23) Councilmember Coleman moved to layover to December 23. Laid over to December 23 for public hearing Yeas - 6 Nays - 0 38. Public hearing to consider the appeal of Michelle Hotzler to a decision of the Heritage Preservation Commission denying approval of a building permit to construct a garage at 472 Dayton Avenue. Councilmember Blakey moved to layover to February 3, 1999. Laid over to February 3, 1999 Yeas - 6 Nays - 0 Councilmember Coleman moved to adjourn the meeting. 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