Approved Minutes 6-4-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, June 4, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order by Council President Thune at 3:40 p.m.
Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune
Absent - 0
CONSENT AGENDA
Councilmember Blakey requested Item #7 be removed for discussion
Councilmember Megard requested Item#18 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of April 30, 1997 and April 30, 1997 Closed Door Session.
Adopted Yeas - 7 Nays - 0
2. Claims of Farmers Insurance Group (for Stephen Schuweiler), Robert Friedline, Lynn McClung,
Paula Myhre, State Farm Insurance (for Sonja Devine), David Sundmark&Robert Elm, Twin City
Yellow Taxi, Inc., and Lee Xiong.
Referred to Employee/Risk Management Division
3. Summons and Complaint in the matter of Susan Berkovitz vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Dorothy Johnson vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 11, 1997,to consider the application for a sound level
variance by the St. Paul Saints Baseball Club for music concerts at Midway Stadium on June 28 and
July 17, 1997 from 12 noon to 10:00 p.m.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 11, 1997 to consider the appeal of Harry Mandik, et al. to a
decision of the Board of Zoning Appeals granting a variance to allow construction of a detached
garage on a zoning lot other than the lot of the principle residence at 2100 Minnehaha Avenue East.
7. (Discussed after the consent agenda)
June 4, 1997, City Council Summary Minutes Page 2
8. Letters from Saint Paul Public Health declaring 672 Blair Avenue, 924 Forest Street, 1528 Grand
Avenue, and 694 Sherburne Avenue as"nuisance properties." (For notification purposes only;
public hearings will be scheduled at a later date if necessary.)
9. Communication from Saint Paul Animal Control dated May 27, 1997, announcing a request from the
University of Minnesota Research Lab for unclaimed dogs and cats.
10. Administrative Orders:
D001237 Addition of$50,000.00 to the contract for Saint Paul Civic Center expansion, CP-4
Building Construction.
Noted as on file in the City Clerk's Office
11. Resolution- 97-605 -Approving the appointment of Eric Schubert and the reappointments of Robert
Morgan and Diana Rodriguez,by Mayor Coleman,to the Saint Paul Neighborhood Network. (Laid
over from May 28 for adoption)
Adopted Yeas - 7 Nays - 0
12. Resolution- 97-677 -Adopting the Findings of Fact and Conclusions of the Administrative Law
Judge pertaining to licenses held by Lewis Stevens, dba Civic Center Auto Services, 459 Toronto
Street.
Adopted Yeas - 7 Nays - 0
13. Resolution- 97-678 -Allowing the Saint Paul Saints Northern League Baseball Club to use the
City's 3.2 beer license at Midway Stadium.
Adopted Yeas - 7 Nays - 0
14. Resolution- 97-679 -Transferring 1996 Major Sewer Repair funding to the Phalen Wetland
Restoration project.
Adopted Yeas - 7 Nays - 0
15. Resolution- 97-680 -Amending the 1996 and 1997 Residential Street Paving project budgets.
Adopted Yeas - 7 Nays - 0
16. Resolution- 97-681 - Transferring 1997 MSA Contingency-97 to the Prosperity-Johnson Parkway to
Rose Avenue project for design work.
Adopted Yeas - 7 Nays - 0
17. Resolution- 97-682 -Authorizing the City Employee Services Committee to solicit donations for the
Employee Picnic to be held the evening of August 7.
Adopted Yeas - 7 Nays - 0
18. (Discussed after the consent agenda)
19. Resolution- 97-684 -Authorizing execution of a Lease Agreement for office space in the Lowry
Professional Building for the Payroll Project.
Adopted Yeas - 7 Nays - 0
June 4, 1997, City Council Summary Minutes Page 3
20. Resolution- 97-685 -Authorizing the withholding of tax forfeit parcels from public sale.
Adopted Yeas - 7 Nays- 0
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 11 ; ','1997 to consider the appeal of William&
Kathryn Babcock to a decision of the Board of Zoning Appeals granting a variance to allow parking
within a required side yard to continue at 459 Portland Avenue.
Councilmember Blakey moved to layover three weeks.
Laid over to June 25 Yeas - 7 Nays - 0
18. Resolution- 97-683 -Recommending that the Selby beat officer be housed at J.J. Hill School as part
of a cooperative agreement with the Saint Paul School Board.
Councilmember Megard moved to layover to June 25 stating that Police Chief Finney and St. Paul
School Superintendent Gaines have been working on this issue and have not come to a resolution.
Councilmember Blakey said he was supportive of the layover, however,this issue should come to
closure soon because it has been discussed for a long time. Ms. Megard stated this issue also deals
with funding issues concerning police liaison officers,the D.A.R.E.program, and who will pay the
full time officer at the school.
Councilmember Bostrom stated if this is done at J. J. Hill,the Council will be establishing a
precedent. The beat officer working Selby Avenue right now patrols the street and does other things
in the community. This action would put that officer only at the school building. There are 40
elementary schools in Saint Paul and if there are problems at these schools,there will be requests to
provide officers for them also. Mr. Bostrom concurred with the layover and suggested having Chief
Finney and Mr. Gaines talk to the Council.
Councilmember Harris requested an overview of funding for the D.A.R.E. police liaison and other
issues where the City shares responsibilities with the school board.
Councilmember Bostrom stated he will continue to work with the school board on this and other
issues.
Laid over to June 25 Yeas - 7 Nays- 0
FOR DISCUSSION
21. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session. (Laid
over from May 14)
Council President Thune stated that Deputy Mayor Tim Marx requested a layover to June 25.
Laid over to June 25 Yeas - 7 Nays - 0
June 4, 1997, City Council Summary Minutes Page 4
(Items 22, 23, 24, & 25 were discussed together)
22. Resolution- 97-686 - Directing the Department of Planning and Economic Development to work
with the Ramsey County Tax Department to resolve outstanding issues on transference of tax forfeit
property by July 1, 1997 and to work with HUD and other necessary agencies,private developers or
community organizations to develop a policy to assist community groups with acquisition and site
assembly by July 1, 1997 for the Capital City Development Program.
Councilmember Harris moved to lay over two weeks.
Laid over to June 18 Yeas - 7 Nays - 0
23. Resolution- 97-687 -Directing the Department of Planning and Economic Development to continue
to work to collapse funding programs and their reporting requirements so that funds can be pooled
for greater flexibility across the City, develop a plan to reduce the City and Federal reporting
requirements to a single reporting form, and to request the necessary federal waivers to accomplish
this task by August 1, 1997 for the Capital City Development Program.
Councilmember Harris moved to lay over two weeks.
Laid over to June 18 Yeas - 7 Nays - 0
24. Resolution- 97-688 -Increasing the subsidy level for housing redevelopment in the City.
Councilmember Harris moved to lay over two weeks.
Laid over to June 18 Yeas - 7 Nays - 0
25. Resolution- 97-689 -Rescinding the sprinkler mandate created by Council File 88-1400.
Councilmember Harris moved to lay over two weeks.
Laid over to June 18 Yeas - 7 Nays - 0
Councilmember Harris moved to layover Items 22 through 25 stating that Planning and Economic
Development staff will be commenting on the Capital City Development Program by June 6.
Several Councilmembers talked about modifications to one component of the program and wanted
more time to work on that.
26. Resolution- 97-690 -Authorizing the execution and delivery of a Joint Pledge Agreement in
connection with the issuance by the Housing and Redevelopment Authority of the City of Saint Paul
of its tax increment revenue refunding bonds (downtown tax increment district), Series 1998, and
authorizing other actions in connection therewith(related to Lawson Software Company).
Discussed and adopted at the HRA meeting following the City Council meeting.
Councilmember Harris moved approval.
Yeas - 6 Nays - 0 (Bostrom not present for vote)
June 4, 1997, City Council Summary Minutes Page 5
ORDINANCES
27. (Follows #28)
28. Final Adoption- 97-566 -An ordinance amending Chapter 409 of the Saint Paul Legislative Code
regarding temporary liquor licenses to reflect changes made by the State Legislature in the 1996
legislative session.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
27. Final Adoption- 97-565 -An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative
Code pertaining to zoning; cellular telephone amendments.
Councilmember Harris presented amendments. Roger Ryan, Department of Planning and Economic
Development, stated the first amendment changes the free standing antenna poles. The rest of the
amendments would require that free standing poles in residential districts have a minimum lot size of
60,000 square feet and a minimum zoning district size.
Councilmember Harris stated part of the concern was that the antennas would be detrimental to the
appearance of the neighborhood. The district council recommended a number of other items but
Harris said he was satisfied with the amendments and the way the ordinance now reads.
Councilmember Morton responded the Zoning Committee and the Planning Commission had a
meeting where these issues were addressed. It was felt the amendments are unnecessary and almost
discriminatory.
Councilmember Collins felt they should all be special condition use permits except for downtown
and industrial areas.
Councilmember Harris stated the amendments pertain to free standing poles. If a company wanted to
put an antenna on top of an existing building, it can be done under the existing ordinance.
Councilmember Megard stated the City and School Board can control antennas on City property.
She has letters from St. Anthony Park and Macalester Groveland area residents who are concerned
about proliferation of antennas in the City. The way the ordinance is now written will concentrate
them better and 60,000 square feet is reasonable, she said. The suggestion for licensing is outside the
Council's purview as it is a FCC responsibility.
Councilmember Bostrom asked if a company would have to get approval from the residents in the
60,000 square feet area. Roger Ryan responded they have to apply for a special condition use permit
for a free standing pole and it has to be in an OS-1 zoning district.
Councilmember Morton moved to Delete#2 pertaining to the 60,000 square feet and#8-a which
would delete the new language and revert to the old language.
June 4, 1997, City Council Summary Minutes Page 6
Roger Ryan stated he might have miscalculated the 60,000 square feet. Councilmember Megard
asked that he check on the numbers and report back later in the meeting.
(Discussion was suspended on this item until later in the meeting; see page 13)
29. Final Adoption- 97-567 -An ordinance amending Chapter 410 of the Saint Paul Legislative Code
regarding temporary on-sale beer licenses to reflect changes made by the State Legislature in the
1996 legislative session.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays- 0
Councilmember Harris moved to introduce substitute ordinances for Items 30 through 34 which were
presented by Council President Thune. Yeas - 7 Nays - 0
30. Second Reading - 97-601 -An ordinance amending Chapter 106 of the Saint Paul Legislative Code
to expand the boundaries of the Downtown Business District to allow the sale and service of
alcoholic beverages within a sidewalk cafe on Harriet Island.
Substitute introduced and laid over to June 11 for third reading/public hearing
Yeas - 7 Nays - 0
31. Second Reading - 97-602 -An ordinance amending Chapter 245 of the Saint Paul Legislative Code
to expand the boundaries of the Downtown Business District to allow sale and service of alcoholic
beverages in sidewalk cafes on Harriet Island.
Substitute introduced and laid over to June 11 for third reading/public hearing
Yeas - 7 Nays - 0
32. Second Reading - 97-603 -An ordinance amending Chapter 246 of the Saint Paul Legislative Code
expanding the boundaries of the Downtown Business District for the purpose of allowing the sale
and service of alcoholic beverages in sidewalk cafes on Harriet Island.
Substitute introduced and laid over to June 11 for third reading/public hearing
Yeas - 7 Nays - 0
33. Second Reading - 97-604 -An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to expand the area lying within the Downtown Business District for the purpose of sale and service
of alcoholic beverages within a sidewalk cafe.
Substitute introduced and laid over to June 11 for third reading/public hearing
Yeas - 7 Nays - 0
34. Second Reading- 97-625 -An ordinance amending Chapter 246 of the Legislative Code to allow
consumption of alcohol on public streets which are blocked off as part of a block party, festival or
community event in the Downtown Business District.
Substitute introduced and laid over to June 11 for third reading/public hearing
Yeas - 7 Nays - 0
June 4, 1997, City Council Summary Minutes Page 7
Councilmember Bostrom moved to reconsider the following resolution:
Resolution- 97-656 - Concerning adverse action against cigarette license held by Governor's, 959
Arcade Street. (Uncontested) (Adopted May 28, 1997)
Councilmember Bostrom introduced a substitute resolution and moved approval. He stated the
incident took place under the previous owner and that person should be fined rather than the current
owner.
Substitute adopted Yeas - 7 Nays- 0
(The meeting was recessed from 4:25 to 4:45.)
Present- 4 -Harris, Megard, Morton, Thune
Absent-2 - Blakey (arrived shortly after roll call), Bostrom
Suspension Item
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution- 97-706 -Approving change of color scheme and monograms of seven taxicab licenses
renewed under a temporary management agreement by Robert Stone.
Adopted Yeas- 5 Nays - 0 (Blakey&Bostrom not present for vote)
PUBLIC HEARINGS
(Thune left; Vice President Blakey assumed the chair)
51. (Discussed after#37)
35. Resolution- 97-630 -Approving application for a Restaurant-B,Entertainment-B, Gambling
Location-A, Sunday On Sale Liquor, and Liquor on Sale-A License by Richard A. DeFoe Enterprises
Inc., dba Club Cancun, 1638 Rice Street. (ID#96027) (Laid over from May 28)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
36. Resolution- 97-691 -Approving application for a Cigarette,Entertainment-A, Liquor On Sale-A,
and Restaurant-B License by RNDT, Inc., dba McColl's Dining, 175 5th Street. (ID#28574)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
37. Resolution- 97-692 -Approving application for a Wine On Sale and On Sale Malt(strong beer)
license by D & D of Minnesota, Inc., dba Famous Dave's BBQ Shack, 1902 7th Street West. (ID
#11929)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
June 4, 1997, City Council Summary Minutes Page 8
51. Public hearing to consider the appeal of John Kratz to a decision of the Planning Commission
denying a special condition use permit to allow cluster development with eight (8) dwelling units
east of Lexington Parkway between Juliet and Palace Avenues.
Kady Dadlez, Department of Planning and Economic Development, presented a staff report. John
Kratz, the appellant, applied for a special condition use permit for a cluster development which
would include two buildings with four single family attached units each. The property is zoned R-
4, residential single family. The Zoning Committee voted to deny the permit finding that the
conditions were not met. The Planning Commission upheld the Zoning Committee's
recommendation for denial.
Kathie Tamowski, 320 S. Griggs, community organizer for the Macalester Groveland Community
Council, appeared and stated the Council has received a letter from the community council, which
is in opposition to the cluster development. There are two issues important to her organization:
the size of the building and the amount of fill needed to build on a steep slope. One of the
requirements of a cluster development is not to change the natural topography. A six foot fill is a
change, she said.
Katherine Schultz, 398 S. Lexington Parkway, appeared and read a letter into the record urging
the Council to uphold the Zoning Committee and Planning Commission's recommendation.
(Thune returned)
John Kratz, developer and builder, appeared and stated that in negotiations and meetings with City
planning staff, a plan was developed that met all the requirements; however, there has been
significant neighborhood resistance. The eight single family homes cover only 16% of the land
available so it is a light usage of land, a lot of open space will be preserved, and there are
generous set backs, Also, this is a special conditional use permit and does not require
neighborhood approval to be granted. He pointed out that the site is on the edge of the freeway
and not in a quiet neighborhood. Even without the vacation of the street on Palace, the site is
large enough to permit eight units under a normal reading of what the zoning ordinance permits.
The public hearing was closed.
Councilmember Harris agreed with the Planning Commission that the front side setback
requirement was not met, the 80 foot frontage requirement should not be modified, the land
questions were still unresolved, and the design of the building is not compatible with the existing
neighborhood. There is a less intensive use that could occur on that land, Harris said.
Councilmember Harris moved to deny the appeal.
Appeal denied Yeas - 7 Nays - 0
38. Resolution - 97-693 - Approving application for a Parking Lot/Ramp License by Dart Transit
Company, dba Dart Transit Company, 431 Kellogg Boulevard. (ID #38507)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
June 4, 1997, City Council Summary Minutes Page 9
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection appeared and reported that the necessary fees had been paid on Items 39
through 41 and recommended withdrawal.
39. Resolution - 97-694 - Concerning adverse action against licenses held by Bram Corporation, dba
Arcade Bar, 932 Arcade Street. (Uncontested)
Withdrawn by Council President Thune.
40. Resolution - 97-695 - Concerning adverse action against licenses held by H.K., Inc., of St. Paul,
dba Michael's, 1179 7th Street East. (Uncontested)
Withdrawn by Council President Thune.
41. Resolution - 97-696 - Concerning adverse action against licenses held by Shannon Kelly's, Inc.,
395 Wabasha Street North. (Uncontested)
Withdrawn by Council President Thune.
42. Resolution - 97-697 - Concerning adverse action against Journeyman's Plumber and Gas Fitter
Competency Card held by David L. Grindland, 2953 Jordan Court, Woodbury, MN.
(Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
environmental Protection (LIEP), appeared and stated on October 16, 1996, David Grindland was
to have performed a back flow preventer test at 2210 Marshall Avenue. This is a test that is
required annually on all back flow preventers. He did not perform the test but prepared a report
stating there was no problem with the back flow preventer. This is a life safety issue and a
serious matter, Ms. Palmer said. She urged the Council to follow the recommendation of LIEP
for suspension of the card for six months and for Mr. Grindland to retest, and pay for the
retesting, of all the back flow preventers he previously did.
(Harris left)
John Cameron, Attorney for David Grindland, appeared and asked for a reduced penalty stating
that throughout this process, Mr. Grindland cooperated immediately, admitted he did not complete
the test, and explained this was the only time this has happened. The backflow preventer tests
cost an average of$100 each. There are 19 tests that have to be redone and Mr. Grindland has
agreed to do them. Mr. Grindland works for his father in a two person shop and they do 90% of
their work in Saint Paul. His father has not allowed David to do any work in the last several
months pending the City's decision. If his license is suspended, he will not have an income for six
months. There is a program called "Water Out" in Saint Paul and Mr. Grindland believes he will
be able to do work for the disabled or the elderly to repay his penalty.
David Grindland, appeared and stated going without an income for six months is going to be
traumatic. He said he was remorseful and during fourteen years of being a plumber, he has not
had any problems with the law. He asked the Council to take this into consideration.
June 4, 1997, City Council Summary Minutes Page 10
Ms. Palmer stated the incident came to the attention of the City when the homeowner investigated
the process under which the testing is done and discovered the work was not actually done. She
said David Grindland was before the Council because he falsified a report and there is nothing but
his word that the other tests were done. She noted that Mr. Grindland would still be able to work
in other cities.
John Cameron stated that Mr. Grindland also has a competency card from the State licensing
agency. The State is watching what will happen on the City level and will issue a decision after
the Council makes a decision. The State agrees the retesting needs to take place.
The public hearing was closed.
Council President Thune said he felt suspending Mr. Grindland's license for six months and
taking away his livelihood is extreme.
Councilmember Blakey asked what could happen if the back flow preventer is not installed
correctly. Council President Thune responded it prevents the City's water supply from being
contaminated. The City Council has confirmed twice to continue to require the test.
Councilmember Collins moved for six months suspension with four months stayed, $1,900.00 for
retesting, one week of voluntary plumbing service, payment of legal and administrative costs to
the City, and a probationary period that is workable.
Councilmember Bostrom said the backwater valve prevents the water in the radiators from
backing into the fresh water system and it is a matter that has to be treated very seriously.
Councilmember Bostrom recommended six months suspension and four months stayed for five
years. Councilmember Megard stated she will support the compromise but is troubled that
there is could possibly be other violations by Mr. Grindland that LIEP is not aware of.
Council President Thune reiterated the motion: six months suspension, four months stayed, pay
for the retest, and 40 hours of community service.
Paul Thurston, Water Utility, appeared and stated there could be serious health problems involved
depending on what is in the boiler. A problem left unchecked could kill and cripple people.
Councilmember Megard stated the Water Utility said the Board of Water Commissioners does not
have a defined set of procedures in place and recommended that direction be given to the Board of
Water Commissioners.
Adopted as amended Yeas - 5 Nays - 1 (Blakey) (Harris not present for vote)
(Harris returned)
June 4, 1997, City Council Summary Minutes Page 11
43. Resolution - 97-698 - Concerning adverse action against Master Plumber and Gas Fitter
Competency Card and Business License held by Robert C. Wyllie, 89 Winnipeg Avenue.
(Uncontested)
Virginia Palmer, City Attorney, appeared and stated this action stems from an incident which
occurred in June of 1996 when a plumbing job was done where the water piping was laid through
the sewer line. It was discovered when the sewer began backing up into the homeowner's
basement. All plumbing in Saint Paul must be done by a master plumber or under a master
plumber's supervision. Robert Wyllie, the license holder, was not present while the work was
being done.
Paul Thurston, Water Utility, stated the sewer line was covered and was clearly hid so it looked
like a normal line coming out of the bank. The homeowner called the contractor to complain and
the phone call was never returned.
Virginia Palmer recommended six months suspension of the license as Robert Wyllie sold the
permit and should have been supervising the job.
Robert Wyllie appeared and stated he is an inside plumber and it is standard procedure for an
inside plumber to hire an outside plumber. The person he subcontracted with has done hundreds
of water lines in the City and Mr. Wyllie said he was being punished for this worker's
incompetence. Also, he said he received no prior notification of the problem until receiving a
letter from the City.
Councilmember Collins said he feels the wrong person is being held accountable; that it should be
Bob Brandtjen, the subcontractor.
Virginia Palmer stated in order for this work to be done, a plumbing license must be secured;
therefore, Robert Wyllie is responsible for the work. She said Mr. Brandtjen is being pursued by
the State.
Councilmember Harris stated Robert Wyllie is legally responsible because the work was done
under his license, but he felt six months suspension is too harsh. He concurred that action should
be taken against Bob Brandtjen.
Councilmember Megard stated that Bob Brandtjen should not be recommended to work in Saint
Paul for lead replacement service.
Councilmember Collins moved six months suspension with five months stayed.
Virginia Palmer said she would inform the Council if any action can be taken against Mr.
Brandtjen.
Adopted as amended Yeas - 5 Nays - 2 (Blakey, Harris)
(Six months suspension with five months stayed)
June 4, 1997, City Council Summary Minutes Page 12
(Collins left)
44. Resolution - 97-699 - Concerning the Renewal Application for Taxicab Driver's License held by
Daniel R. Beckman, 1057 Portland Avenue. (Uncontested)
No one appeared in opposition. Virginia Palmer requested that this issue be laid over to June 25.
Councilmember Harris moved a layover to June 25.
Laid over to June 25 Yeas - 6 Nays - 0 (Collins not present for vote)
45. Resolution Ratifying Assessment - 97-700 - In the matter of construction and/or reconstruction of
sidewalks at 906 Juno Avenue, 2135 Bayard Avenue, 2117 Highland Parkway, 2173 Scheffer
Avenue, 2180 Knapp Street, 2315 & 2394 Valentine Avenue and 2082 & 2084 East Fourth Street.
(File #S96051)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0 (Collins not present for vote)
46. Resolution Ratifying Assessment - 97-701 - In the matter of improving the east-west alley in Block
7, Eastville Heights Addition (bounded by Rose, Forest, Geranium and Mendota). (File #18787)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Collins not present for vote)
47. Resolution Ratifying Assessment - 97-702 - In the matter of improving the alley in Block 15 and
in the block indicated as Iron Works on the recorded plat, Rice Street Villas (bounded by Marion,
Nebraska, Albemarle and Arlington). (File #18809)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Collins not present for vote)
48. Resolution Ratifying Assessment - 97-703 - In the matter of condemnation and taking of a
permanent easement for right-of-way purposes in connection with the Wheeler Street/ Munster
Avenue Realignment Project. (File #18841)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Collins not present for vote)
49. Resolution Ratifying Assessment - 97-704 - In the matter of construction of storm sewer stub
connections for the 1995 inflow and infiltration project. (File #18842)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Collins not present for vote)
June 4, 1997, City Council Summary Minutes Page 13
50. Final Order - 97-705 - In the matter of improving pedestrian access and safety at Dunning Parks
through bump outs and a traffic signal installation. (File #18843)
Mike Eggum, Public Works, appeared and stated the final order is in order but the accompanying
report is in error because there have been some changes. Council President Thune requested a
revised version of the report.
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0 (Collins not present for vote)
27. Discussion continued
Roger Ryan stated he re-measured the site and the size is 39,342 square feet. The proposed
minimum size was changed to one acre or 43,365 square feet.
Councilmembers Harris and Morton withdrew their earlier motions.
Councilmember Harris moved the new version.
John Choi, representing Air Touch Cellular, appeared and stated Air Touch prefers mono poles.
Still, the one acre size is too large. The area already has a special condition use permit in the
ordinance. If Air Touch Cellular wants to build a tower in a residential area, it probably would
be a school or institutional type of use.
Peter Beck, AT&A, appeared and stated the monopole is no problem. The problem with
minimum lot sizes is that they are indiscriminate about where the lot is located and what might be
surrounding it. Introducing a minimal lot size creates a potential problem that cannot be
anticipated now, he said.
Roger Ryan stated the ordinance has addressed this issue by making it a special condition use
permit in those districts.
David Van Lanshoot, JPI Consulting, appeared and stated U.S. West understands the situation and
concurs with the industry providers that have made their comments.
Council President Thune requested Roger Ryan look into the legality of getting the variance in the
case of a fire station or similar structures.
Amended and laid over to June 11 for final adoption Yeas - 7 Nays - 0
MISCELLANEOUS
52. Recognition of retiring City employee.
(There was no retiring employee before the Council.)
June 4, 1997, City Council Summary Minutes Page 14
The meeting was recessed at 6:50 p.m. for the HRA meeting. 11
A ro JOUR11", P.M
David hun\ o • it President
ATTEST:
Minutes approved by Council
Nancy ders _ \ck q i
Assistant Coun 11 Secretary
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