Approved Minutes 3-20-2002Page 1 of 14
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 20, 2002 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
• Public Hearings
• Suspension Item
The meeting was called to order at 3:35 by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry
Absent - 1 - Reiter (Excused)
CONSENT AGENDA (Items 1 - 22)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION.
THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY
A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Nancy Anderson, Assistant Secretary to the City Council noted a change to Item 13 as indicated below
on page 3.
Councilmember Blakey requested Item 10 be removed for discussion.
Councilmember Lantry moved approval of the consent agenda as amended.
Adopted Yeas - 6 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
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1. Claims of Edward Denn, Helen Marthaler, Julia Rupert, Schwebel Goetz & Sieben, Attorneys at Law,
(for Shenita Craighead and Sherell Craighead, co- trustee for next -of -kin of Charles Craighead), and
Pamela Williams.
Referred to the City Attorney's Office
2. Summons and Complaint in the matter of Dinner Club 2000, Inc., a/k/a Dinner Club 2000, a
Minnesota Corporation, vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
3. Answer of Defendant KLJS Limited Partnership in the matter of E.A.H. Schmidt Associates, Inc., dba
Schmidt Mechanical Services, a Minnesota Corporation, vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
4. Letter from the Real Estate Division announcing a public hearing before the City Council on April 3,
2002, to consider the petition of 175 Fort Road, LLC to vacate a portion of Seventh Street West to allow
the encroachment of the Holiday Inn building.
5. Letters from the Citizen Service Office /Property Code Enforcement Division declaring 860 Euclid
Street and 1586 Point Douglas Road as nuisance properties, and setting date of Legislative Hearings for
March 26, 2002, and City Council Hearings for April 3, 2002.
6. Letters from the Citizen Service Office /Property Code Enforcement Division declaring 134 Elizabeth
Street East, 952 Farrington Street, 1200 Forest Street, and 875 Woodbridge Street as nuisance
properties. (For notification purposes only; public hearings will be scheduled at a later date if
necessary.)
7. Letter from the Office of the City Attorney announcing that the hearing before an Administrative Law
Judge concerning Second -Hand Dealer -Motor Vehicle and Auto Repair Garage Licenses held by
Heartland Auto Sales, 1236 Arcade Street, has been rescheduled from March 12, 2002, to April 11,
2002, at 9:30 a.m. in Room 220, Conference Room B, City Hall- Courthouse.
8. Administrative Orders:
D002123 Approving an extension, through December 31, 2002, of the lease agreement which provides
private library service in the West Seventh Community Center.
D002124 Authorizing the Department of Fire and Safety Services to pay for all costs to hold monthly
Metropolitan Medical Response System (MMRS) meetings.
D002125 Revising the 2001 General Fund budget for the Department of Libraries.
D002126 Transferring budget authority to provide sufficient funding at the budget control level of the
Division of Parks and Recreation's 2001 Como Campus Special Revenue Fund.
D002127 Establishing a citywide Solicitation Policy.
Noted as on file in the City Clerk's Office
FOR ACTION
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9. Resolution - 02 -216 - Memorializing City Council action taken February 27, 2002, approving the
taxicab driver's license application of Wayne L. Ellis.
Adopted Yeas - 6 Nays - 0
10. (Discussed after the consent agenda)
11. Resolution - 02 -218 - Memorializing City Council action taken February 27, 2002, granting the
application of Semper Development for a preliminary and final plat for William Christopher for
subdivision of property at the southeast corner of White Bear Avenue and Hudson Road to provide for
construction of a new commercial building.
Adopted Yeas - 6 Nays - 0
12. Resolution - 02 -219 - Accepting a gift of a round trip airline ticket from Capital City Partnership for
Erich Mische, Marketing and Promotions Director, to tour Orange County School of the Arts, Santa
Ana, California, on March 22 -25, 2002.
Adopted Yeas - 6 Nays - 0
13. Resolution - 02 -220 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at: 1335 Payne Avenue; . 1465 Davern Street
576 Snelling Avenue S; 584 Snelling Avenue S.; 500 Fry Street; 1880 Grand Avenue; 859, 869, 877, &
885 St. Paul Avenue; 880, 890, 896, 908, & 924 Cleveland Avenue S; 2047 Saunders Avenue; 1319
Pierce Butler Route; 935 Case Avenue; and 727 Front Avenue.
Adopted as amended Yeas - 6 Nays - 0
14. Resolution - 02 -221 - Authorizing the Department of Fire and Safety Services to accept donations of
$10,000.00 for the Honor Guard and $3,000.00 for the Fire Explorer Scout program from Saint Paul Fire
Fighters Local 21 and establishing financing and spending plans in the Fire Responsive Services Fund
for the donations.
Adopted Yeas - 6 Nays - 0
15. Resolution - 02 -222 - Increasing the rate of pay for Special Employment titles of Life Guard, Water
Safety Instructor, Senior Pool Attendant, and Swimming Pool Supervisor.
Adopted Yeas - 6 Nays - 0
16. Resolution - 02 -223 - Authorizing the purchase of land for the Etna/Third Ponding Area.
Adopted Yeas - 6 Nays - 0
17. Resolution - 02 -224 - Accepting a Pro - Active Auto Theft Program Grant from the State of
Minnesota, authorizing the City to enter into an agreement, and Chief William Finney to implement the
agreement.
Adopted Yeas - 6 Nays - 0
18. Resolution - 02 -225 - Accepting a $15,000.00 donation from 3M for a bomb disposal ensemble with
a helmet for use by the Police Department Ordnance Disposal Unit and establishing a financing and
spending plan for the donation.
Adopted Yeas - 6 Nays - 0
19. Resolution - 02 -226 - Amending the spending and financing plan of the Kellogg Boulevard
Streetscape, Fourth & Cedar and Hill Street projects by adding $259,600.00 of assessment financing,
$665,318.00 of MSA, and transferring $54,342.79 from MSA Contingency.
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Adopted Yeas - 6 Nays - 0
20. Resolution - 02 -227 - Amending and closing the spending and financing plans of the Local Street,
Sewer and Alley Program 1997 and the Sewer Service Connection Repair Program 1997.
Adopted Yeas - 6 Nays - 0
21. Resolution - 02 -228 - Requesting funding from MnDot's "Municipal Lighting Preservation Project
Matching Fund" to remove the existing "trolley pole lighting" and replace them with a new street
lighting system on East 7th Street between Beech and Minnehaha (7 lighting units) and on East 7th
Street at Payne Avenue (1 lighting unit).
Adopted Yeas - 6 Nays - 0
22. Preliminary Order - 02 -229 - In the matter of removal of an existing wood pole with luminaire and
installation of a fifteen (15) foot old style ornamental pole with a large old style lantern luminaire
mounted on a new concrete foundation to be located in front of Zander's Cafe, 523 Selby Avenue (aka
517 Selby Avenue), and setting date of public hearing for April 3, 2002. (File No. 18967)
Adopted Yeas - 6 Nays - 0
10. Resolution - 02 -217 - Memorializing City Council action taken February 27, 2002, suspending the
auto repair garage license held by Jefferson Enterprises, Inc., 975 West Minnehaha Avenue.
Councilmember Blakey said he would abstain from the vote on this issue due to a conflict of interest.
Councilmember Lantry moved approval.
Adopted Yeas - 5 Nays - 0 Abstention - 1 (Blakey)
FOR DISCUSSION
23. Resolution - 02 -180 - Denying the Second Hand Dealer - Single Location License application
submitted by Carol M. Storvick, dba The Junk Drawer Thrift Shoppe, 1261 Payne Avenue. (Laid over
from March 6)
Council President Bostrom stated that the conditions have been met for this license application and the
resolution can be withdrawn.
Withdrawn Yeas - 6 Nays - 0
24. (See page 6)
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PA UL LEGAL LEDGER
25. First Reading - 02 -231 - An ordinance memorializing City Council action granting the application of
Waste Management of Minnesota, Inc. to rezone property from I -1 (Industrial) to I -2 (Industrial) to
allow a waste transfer station and to eliminate split zoning on parcels at 195 Minnehaha Avenue East
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and unaddressed railroad right -of -way. (Public hearing held March 6, 2002)
Laid over to March 27 for second reading
Suspension Items
Councilmember Harris moved suspension of the rules to introduce the following resolution:
Resolution - 02 -247 - Honoring two decades of leadership and dedication to the community for Kathie
Tarnowski and declaring Sunday, March 24, 2002, to be Kathie Tarnowski Day in the City of Saint
Paul.
Councilmember Harris read the resolution and moved approval.
Adopted Yeas - 6 Nays - 0
Council President Bostrom presented and read the following resolution:
Resolution - 02 -248 - Recognizing Don Boxmeyer to be Saint Paul's honorary Goodwill Ambassador
and declaring Sunday, March 24, 2002, to be Don Boxmeyer Day in the City of Saint Paul.
Councilmember Benanav moved suspension of the rules and approval.
Adopted Yeas - 6 Nays - 0
24. Resolution - 02 -230 - Authorizing the Division of Parks and Recreation to enter into a Lease
Agreement with Town Square Garden Incorporated to operate a banquet /meeting facility at Town
Square Park.
Councilmember Coleman presented a substitute Lease Agreement which allows a termination of the
lease on December 31, 2002, without cause by the city.
Vic Wittgenstein, Director, Division of Parks and Recreation, appeared. Plaza Cafe will operate the
catering operation in Town Square Park. The reason for the change in the agreement is that in the last
few days they have received two letters of interest in buying the Town Square property. Therefore, some
changes were made in the agreement that would make it easier for things to move forward if the city was
able to enter into a purchase agreement with one of the two parties. After the agreement is passed, Parks
will return to the Council, possibly in April, seeking permission to enter into a purchase agreement with
the parties. They first have to go to the Parks Commission under the provisions of the charter.
Bill Morin of the Port Authority, who acted as the city's agent in negotiating the lease, appeared. He
said when they were brought into this process about 6 -8 weeks ago they heard from the management at
Sentinel that they had a prior experience with this tenant in a location in Minneapolis. The Port
Authority met with attorneys and the property manager representing Sentinel to hear their side of their
problems in Minneapolis. Sentinel was told at that time that in the event they get to a point where the
lease looks like it's going to be something that the Parks Department can support, they would come back
to them, insure it with them and talk about the operational issues they have experienced elsewhere with
this tenant and how St. Paul might be a better neighbor going forward with Town Square. Sentinel was
encouraged to share with the Port Authority any comments to the lease, any drafting changes they might
suggest and a lot of the operational issues were incorporated into the most recent draft of the agreement.
Some of the prior problems involved maintenance related issues, going beyond the defined lease
premises in conducting business, and not involving contractors who have to do certain types of
construction activities.
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Councilmember Coleman moved approval.
Adopted (Substitute Lease Agreement introduced and adopted)
Yeas - 6 Nays -0
The meeting was recessed from 3:55 - 5:35 p.m.
Roll Call: Present - 6 Absent - 1 - Reiter (excused)
PUBLIC HEARINGS
26. Third Reading - 02 -162 - An ordinance amending Ordinance 96 -1504 relating to bonds of the Port
Authority of the City of Saint Paul to which are pledged the full faith, credit and resources of the City of
Saint Paul relating to the Williams Hill Tax Increment Financing District and Hazardous Substance
Subdistrict therein.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing. Yeas - 6
Nays - 0
Laid over to March 27 for final adoption
27. Third Reading - 02 -185 - An ordinance amending interim Ordinance 01 -648, adopted November 20,
2000, which imposed a moratorium on the use of property in the area presently under study for the
Arcade Street Area Study pending completion of the study and any possible amendments to the City's
Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 6
Nays - 0
Laid over to March 27 for final adoption
28. Resolution - 02 -232 - Ordering the owner to remove or repair the building at 1118 Central Avenue
West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to a Special Legislative Hearing on April 8, 2002, and City Council Hearing on April 24,
2002)
Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was held on March
12. The property owner had just received the code compliance inspection report that morning and asked
for additional time to assess their options.
Councilmember Blakey moved to lay over to April 24 for continuation of the public hearing.
Laid over to April 24 Yeas - 6 Nays - 0
29. Resolution - 02 -233 - Approving the petition of Ronald A. Christenson to vacate Wheeler Street,
Munster Avenue, and Graham Avenue in the area bounded by Norfolk Avenue, Davern Street, and West
Seventh Street for development of mixed use residential/ commercial properties.
John Louck, owner of the property at 1724 Munster Avenue, appeared. He referred to a letter each
Councilmember received from his attorney reflecting Mr. Louck's feelings on this matter. He said he
was appealing to the Council to proceed with caution on this matter. He said his tenants are becoming
nervous and he's afraid he will lose them. If the project does not go through, it will put him in a
financial hardship.
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Councilmember Harris moved to close the public hearing. Yeas - 6 Nays - 0.
Councilmember Harris moved approval of the resolution. He said he understood the frustrations of the
neighbors in wanting to get some progress on this issue. He said he had some concerns with vacating
streets without a development agreement in place. He added condition 413 stating "this vacation will not
occur until such time as a development agreement is in place and approved by all concerned parties."
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
30. Update from the City Attorney's Office regarding the progress made to date on odor control
measures that need to be in place at the Gopher State Ethanol Plant. (Additional report and public
hearing requested by the Council on February 13)
Eric Larson, Assistant City Attorney, who has been playing a major role in the city's enforcement
action, litigation and oversight of the Gopher State Ethanol Plant, NBC Holding Company (the
corporate name for the brewery), and MG -0O2, St. Paul LLC (the corporate name for the CO2 Plant) at
882 West 7th Street provided an update.
Mr. Larson said he looks at this issue from a lawyer's perspective and, therefore, what can be done as a
city with respect to enforcement in the courts. He said he analyzes the evidence accordingly; what
evidence they have and what the burdens of proof are, and what the city could obtain in a court of law. It
was clear from the beginning that for the city to have any enforcement on these facilities, it was going to
be solely through the courts or through some type of negotiation.
On December 7, 2001, the city went to the court seeking enforcement and asking the court to impose
some type of enforcement and some type of enforcement injunctive relief on the issue of noise. The
interveners, seven residents who live in this area who also joined in the action with the approval of the
city. They also sought court enforcement on odor and the court refused to do anything on the issue of
odor or noise. As a result, the city was faced with a long, drawn out and exhaustive process with no
immediate means to force Gopher State Ethanol to do anything on those issues. However, the city
prevailed by being able to obtain a settlement and obtain a court order. Through a stipulation,
requirements were imposed on odor and odor mitigation efforts and some requirements on noise were
imposed.
In the stipulation the city asked, and it became part of the court order, that Gopher State go through a
very comprehensive odor analysis and testing that included testing of chemicals over and above that
ever required by the USPCA or the Minnesota Pollution Control Agency (MPCA) and also further odor
emission analysis. The city further required that they hire a heating, ventilation, and air conditioning
expert, someone with the expertise and qualifications to engage in a very comprehensive and detailed
study of those facilities to take care of the emissions of odor that are disturbing and disrupting the
public. As a result of that order, tests were conducted on February 5, 2002, and the test results were
compared by the experts. The test results were very good news. In March/
April, 2001, the controlled odor emissions were known to be flowing at a rate of 214.5 million odor
units per minute which is unacceptable. With the thermal oxidizer in place and the other odor mitigation
efforts that companies undertook, it substantially reduced the odor emission levels. St. Croix Century
were hired to do this in March & April and undertook the tests in February 2002. St Croix Century's
results indicate that there is anywhere from 68 -74% odor reduction level. The companies retained the
University of Minnesota, who also took samples at the same time, and their sampling shows up to a 90%
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reduction. There can be many reasons for that fluctuation; it can be the natural fluctuation of test results
from the same sample as they are sent to various labs. There was also high moisture levels that were
fluctuating.
With regard to noise, Mr. Larson said that on this date between the hours of 1:20 a.m. and 5:30 a.m.
staff from the Office of LIEP monitored noise levels from the three facilities. The end result was an L50
decibel range of 50.5 to 51.0. He said he took a 2 decibel deduction from that number because that
number is a measurement of all the noise received by that particular testing equipment so it is noise not
only from the facilities themselves but also West 7th Street traffic, traffic from I35E, etc. In the
stipulation, the city is able to enforce the noise coming from the facilities and impose upon them the
obligation to make sure their noise levels are not in excess of 50 decibels. They were not able to get the
secondary noise sources because when they were operating and the noise levels were at 58, it dominated
everything else and there was no way to calculate what those were. When and if they got close to the 50
decibel level, they needed to find out what the secondary noise levels are. In the stipulation it was
imposed upon the companies the obligation to shut down the fullest amount possible so they no longer
were a dominant noise source and it could be determined what the secondary noise source is and from
that find out what is the noise from these facilities. It didn't make any difference when they were
operating at 78 or 76; they are in violation regardless of any deduction.
The city calculated every possible secondary noise source and even a range within registration testing
numbers and from that determine that a 2 decibel deduction is a proper deduction.
In September 2000 when the first noise monitoring by the MPCA and the Office of LISP was done, they
were operating at 63 & 61 decibels. They brought it down to around 58- 60 decibels. Throughout 2001
they were operating at 56 -58 decibels. With a whole year of operation and no reduction, the city went to
court on December 7, 2001, with no positive results. The court order indicated that by March 1, 2002,
the companies had to meet the 50 decibel requirement. Gopher State Ethanol engaged in a very
aggressive, mitigation effort and reduced the noise level by 6 decibels. Mr. Larson told the company
their work was not done; they can't be skating on the edge of .5 or 51 because their plant operations
fluctuate and their noise levels fluctuate. He told them they have a couple more decibels to go in order to
assure the city, the city attorneys, and the public that their operations are consistently and continually
going to be below 50 decibels.
Mr. Larson said if the company representatives say that everything is fixed and everything is just fine,
they are wrong. There is some good news, there is some mixed news, but there is definitely work and
oversight that has to be done in order to make sure that the next conclusion is just good news.
Questions and answers ensued with Councilmembers.
Councilmember Coleman asked for an explanation of how the measurements work. One of the persistent
complaints is that at 3:00 a.m. there is a banging sound; he asked if that is going over the 52 decibel
level.
Bill Gunther, Office of LISP, responded that there are issues with compulsive type noises because with
an L10 that level has to be exceeded for more than 10% of the time or six minutes of an hour. If there is
a banging noise that is profoundly loud but is less than six minutes, it's not going to affect the L10
reading much. They have found that it's important to have someone stationed at the plant in order to
note what noises are taking place. He said the sound Coleman referred to sounds more like a puffing
sound rather than a banging. When it gets to M3, then it sounds more like banging and it's not known
where it's coming from. If there is a pressure release, it will be well over the noise limits. Mr. Gunther
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said LIEP has never been at the plant when they heard a pressure blow off of the steam but the reports
say it sounds like an explosion.
Councilmember Coleman again mentioned the 3 a.m. banging sound. Mr. Gunther said it is more of a
nuisance issue and it's not an issue they have with the measurement. The noise ordinance has a lot of
things in it but only one of the sections is enforced by LIEP because when a meter can be put on it and
some figures gathered, that's when LISP does enforcement. The other ones involve "disturbing the
peace" types of things. Councilmember Coleman asked what is going to be done about this problem and
Councilmember Blakey asked what happens if it is not rectified by the end of April. Eric Larson
responded that the report will have to be implemented as it's a court order.
Councilmember Lantry said she thought when the city had the settlement agreement that's when action
would take place. The city was told that if they waited, the court date would not be until the end of May
and nothing would happen in the intervening time. With the settlement agreement there would be
something to point to; that there were benchmarks for Gopher State Ethanol to meet on certain dates and
if they didn't meet them, then finally the city had something that could be done.
Councilmember Coleman asked Eric Larson how they would address the issue of the scrubber. Mr.
Larson said he will be following up on that issue.
Councilmember Coleman asked Mr. Larson if he has any sense from his discussions with the experts as
to what can be expected once the recommendations are implemented in terms of further odor reduction.
Mr. Larson responded that it is very comprehensive and it should take care of future emissions and,
hopefully, should not be a problem for the residents.
The meeting was recessed from 7:00 - 7:15 p.m.
31. Public testimony on issues related to the Gopher State Ethanol Plant.
The following individuals appeared to address concerns about the plant:
• Mike Unger, 2158 Berkeley Avenue, attorney representing the Citizen Interveners in the lawsuit;
• Mike Mills, 367 Toronto Street;
• Lisa Schaefer, 408 Daly Street;
• Bob Goddard, 443 Arbor Street
Appearing on behalf of Gopher State Ethanol were:
• Lisa Nasseff, Communications Director, Gopher State Ethanol
• Dr. David Braslau, owners of an acoustical consulting firm in Minneapolis;
• Mike Valentine, Vice President of Earth Tech, an environmental consulting firm in Plymouth,
MN;
• Bob DeRoy, representing members of the Machinist Union employed at the brewery.
Councilmember Coleman moved to close the public hearing. Yeas - 6 Nays - 0
Council President Bostrom requested Manuel Cervantes, City Attorney, provide an overview as to
where the city is going from this point based on the testimony heard at this hearing. Mr. Cervantes said
there is good agreement. The city is not in the same situation it was in a year or two years ago. It is
believed the road map as to the odor issues is in place in terms of what the recommendations are and it's
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the City Attorney's expectation that the company will address those issues and continue to monitor the
situation. The city believes the ball is in Gopher State's court as it relates to noise and the city can
expect that there will be enforcement if the agreement is not met.
Suspension Item
Councilmember Blakey presented the following resolution:
Resolution - 02 -249 - Giving various directives pertaining to unresolved issues with the Gopher State
Ethanol and MGCO2 operations.
Council President Bostrom suggested the resolution be laid over one week in order for the City Attorney
to have an opportunity to review it.
Discussion took place.
Councilmember Blakey moved suspension of the rules and a one week lay over.
Laid over to March 27 Yeas - 6 Nays - 0
(Benanav left)
32. Final Order - 02 -234 - In the matter of constructing public improvements for the Phalen Boulevard
Phase I Project. (File No. 18962 and 18962A)
Paul St. Martin, Department of Public Works, Project Manager for the Phalen Boulevard Project, gave a
staff report. He showed maps and discussed what is being proposed. Part of the project will include
building storm sewers, sanitary sewer, and water main to serve the Port Authority's Westminster
Junction Business Park. Based on other projects they've had and the going market rate, the Port
Authority's project can afford about $400,000 of assessments for the project which leaves about an
$800,000 gap for the utilities. STAR and CIB funds were requested but that was unsuccessful. Now they
are pursuing a Federal Economic Development Administration grant but it could happen that the gap is
not funded so Public Works would have to come back to the Council to determine a source of funding to
insure that the project moves forward.
The Port Authority is acquiring the majority of the property, mainly Waste Management, which was
discussed at a previous meeting, as well as some other property along the corridor. As soon as all the
property is acquired, contracts can be let. Plans are to let the bridge contract and start construction in
August of this year, the roadway contract in September, and complete both by November 2003.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0 (Benanav not present)
(Benanav returned)
(Blakey left)
33. Final Order - 02 -235 - In the matter of removal and reinstallation of existing light poles, foundations
and rewiring of the street lighting system at the southwest corner of the intersection of Grand Avenue
and Victoria Street for construction of the parking ramp /retail structure, as requested by the property
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owner. (File 418963)
Roxanna Flink, Real Estate, stated this work was completed and the property owner is requesting it be
done through assessment financing.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0 (Blakey not present)
(Blakey returned)
34. Final Order - 02 -236 - In the matter of sidewalk reconstruction and /or new construction at 637 S.
Smith Avenue; 844, 870, & 917 Grand Avenue; 1304 Juno Avenue; 164 & 176 N. Snelling Avenue; 240
Milford Street; 1528, 1532, 1536 & 1542 Westminster Street; 1174 Arcade Street; 1551 Payne Avenue;
and 1743 & 1747 Margaret Street. (File No. 502001)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
35. Final Order - 02 -237 - In the matter of approving the widening and reconstruction of Lafayette Road
from Grove Street to University Avenue and all work as needed to complete said improvements. (File
No. AE2001 -11)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
36. Final Order in Condemnation Proceedings - 02 -238 - In the matter of acquiring property rights for
the Lafayette Road from Grove Street to University Avenue project. (File No. AE2001 -11)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
37. Final Order - 02 -239 - In the matter of the restoration and reconstruction of East Como Lake Drive
from the Wheelock- Victoria intersection, northwest along the shore of Lake Como to the Lexington
Parkway intersection. (File No. L02- 10 -06)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
38. Resolution Ratifying Assessment - 02 -240 - In the matter of the assessment of benefits, cost and
expenses for the installation of a Twin Lantern Street Lighting System on Hamline Avenue between
Marshall Avenue and Concordia Avenue and a single lantern street lighting system on Hamline Avenue
from Marshall Avenue to Selby Avenue. (File No. 18889)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
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39. Resolution Ratifying Assessment - 02 -241 - In the matter of the assessment of benefits, cost and
expenses for installation of single lantern street lighting system on Minnehaha Avenue between Snelling
Avenue and Lexington Parkway, and on Territorial Road between T.H. 280 and Carleton Street. (File
No. 18933, 18934)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
40. Resolution Ratifying Assessment - 02 -242 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction (work already done) in Wards 2, 3, 4, 5, 6, & 7. (File No.
O1 WALKS 1)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
41. Resolution Ratifying Assessment - 02 -243 - In the matter of the assessment of benefits, cost and
expenses for sanitary sewer and service connections in Marillac Lane from McKnight Road to
approximately 700 feet west of McKnight Road. (File No. 18875)
Dave Sundmark, resident of South Highwood, he said he agrees that the system of assessment should be
fair and equitable for all; however, he believes that the various shapes of the lots in Highwood, and
particularly his own, have been unjustly assessed based on the formula used to calculate assessments. He
said he has the smallest house on the block and requested that some of the properties be re- evaluated as
he feels there should be other factors utilized in the formula such as the number of bathrooms in a home,
number of household residents, possibly the market value, use of a separate well, etc.
Bob Elm, 2196 Marillac Lane, appeared. He said he has the largest lot in the area, has been assessed the
most, and he feels it's an unfair assessment. He also asked that the formula be reviewed.
Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Lantry moved to lay over three weeks stating that she would like to review the policy
and determine whether it makes sense or not.
Laid over to April 10 Yeas - 6 Nays - 0
42. Resolution Ratifying Assessment - 02 -244 - In the matter of the assessment of benefits, cost and
expenses for a water main and service connections in Marillac Lane from McKnight Road to
approximately 800 feet west of McKnight Road. (File No. 18875 -W)
Councilmember Lantry moved to close the public hearing and lay over three weeks. (See Item 41)
Laid over to April 10 Yeas - 6 Nays - 0
43. Resolution Ratifying Assessment - 02 -245 - In the matter of the assessment of benefits, cost and
expenses for the installation of a twin lantern style lighting system on both sides of Snelling Avenue
from Hague Avenue to Dayton Avenue, the north side of Selby Avenue from approximately 229 feet
west of Snelling Avenue to 340 feet east of Snelling Avenue, the south side of Selby Avenue from
approximately 229 feet west of Snelling Avenue to 220 feet east of Snelling Avenue, the north side of
Hague Avenue from approximately 180 feet east of Snelling Avenue to Snelling Avenue, and the south
side of Dayton Avenue from approximately 320 feet east of Snelling Avenue to Snelling Avenue. (File
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No. 18903)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
44. Resolution Ratifying Assessment - 02 -246- In the matter of the assessment of benefits, cost and
expenses for improving the alley in Block 3, Ryan Place (bounded by Randolph, Mount Curve,
Hartford, and Mississippi) by constructing storm sewer and grading and paving with bituminous
material; improving the alley in Block 1, Lane's Manor, and Block 1 Sunnyside Plat 41 (bounded by
Juliet, Albert, Jefferson, and Hamline) by grading and paving with bituminous material and all other
work necessary to complete said project; and improving the alley in Block 8, Finch's Addition (bounded
by Tuscarora, Bay, Watson, and Osceola) by grading and paving with bituminous material. (File Nos.
18891, 18919, 18921)
Paul St. Martin, Department of Public Works, requested a four -week layover as a resident of Ryan Place
who had concerns had to leave the meeting.
Paul Huber, 1369 Juliet Avenue, appeared. He said his alley has been tarred and sanded once a year and
a nice layer of hard blacktop was built up over the years. The alley was in pretty good condition until
two years ago when the street in front of his house was re -done and the large, heavy trucks used the
alley and damaged it. Because the damage was so extensive, Public Works suggested that new sewer
pipes be installed for drainage, two new collection basins, remove a layer of the old dirt, insert new dirt
and then blacktop it. He asked that some assessment consideration be given to the people on this block
because of the damage done by the trucks.
Councilmember Coleman submitted a letter for the record which he received from Arkady & Diana
Men, 674 Watson Avenue, citing concerns they had but which were rectified.
Joe Caruso, 695 Tuscarora Avenue, appeared. He said his alley was paved this past year. A railroad
track goes through the alley and from about 15 feet from the top of the alley to either side of the track
there is no pavement and he has an issue with paying for something that's not done. He was told the
railroad owns the portion of the alley that is not paved. Council President Bostrom told Mr. Caruso that
Public Works staff would inspect the property.
Kenny Williams, 721 Tuscarora Avenue, appeared and also spoke about the assessment he received for
alley maintenance which he said was never done. He requested reimbursement for this payment. Council
President Bostrom told Mr. Williams that staff would discuss the issue with him and the resolution
would be laid over.
Councilmember Blakey moved to close the public hearing and lay over four weeks.
Laid over to April 17 Yeas - 6 Nays - 0
Councilmember Blakey moved to adjourn the meeting.
Yeas - 6 Nays -0
ADJOURNED AT 8:55 P.M.
Daniel Bostrom, Council President
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ATTEST:
Minutes approved by Council
Nancy Anderson April 24, 2002
Assistant Council Secretary
mce
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