Approved Minutes 5-28-2003Page 1 of 16
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, May 28, 2003 - 3:30 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
• Suspension Item
• For Discussion
• Ordinances
• Suspension Items
• Public Hearings
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 32)
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 COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
Councilmember Benanav requested Item 21 be removed for discussion.
Councilmember Lantry moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Merciel Bredy, Bernice Dougherty, Leo Ng, and Paige Donnelly, Ltd. (for client Martin
Hadden).
Referred to the Risk Management Division
2. Statement of Claims and Summons in the matter of Kim Swenson vs. the City of Saint Paul.
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Referred to the City Attorney's Office
3. Summons in the Matter of the Application of Guptil Contracting, Inc. vs. the City of Saint Paul
(Walnut Ridge area).
Referred to the City Attorney's Office
4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing on June 4, 2003, to consider the application of Bill Larson, Owner, Minnesota Music Cafe, 499
Payne Avenue, for a sound level variance on June 7, 2003, for outdoor music between the hours of 6:00
p.m. and 12:00 midnight subject to conditions.
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on June 4, 2003, to consider the application of Hunt Associates for a combined
plat to create four parcels for the Emerald Gardens Housing Development (a mixed housing
development with apartments and townhomes) at the area bounded by Ellis Avenue, Emerald Street,
Berry Street and Franklin Avenue.
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on June 4, 2003, to consider the appeal of Snelling- Hamline Community
Council to consider a decision by the Planning Commission denying their previous appeal of the Office
of License, Inspections and Environmental Protection's issuance of a billboard repair permit to Clear
Channel Outdoor for the replacement of sign face panels on an illuminated freeway billboard at 1459
Roblyn Avenue (rooftop billboard at the southeast corner of I -94 and Pascal Avenue).
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on June 4, 2003, to consider the application of Mendota Homes, Inc. to rezone
property from B -2 to RM -2 to be consistent with the 11 -unit resident structure being built at 1071 South
Cleveland Avenue.
8. Letter from the Office of the City Attorney announcing the rescheduling of a hearing before an
Administrative Law Judge from May 22, 2003 to June 18, 2003, at 9:30 a.m., Room 41, Saint Paul City
Hall, 15 W. Kellogg Blvd, concerning the application for Massage Practitioner and Massage Center (A)
licenses by Eric Weisman dba Eric Weisman & Assoc. PA for the premises at 287 6th Street East.
9. Letter from the Real Estate Division announcing a public hearing before the City Council on June 4,
2003, to consider the request of Lowertown Bluffs, LLC to grant a license and temporary and permanent
easements to use a 20 -foot wide lane on City park property to facilitate construction of a housing
development on the abutting Lowertown Bluffs property and provide permanent fire access after
completion of the project.
10. Letter from the Real Estate Division announcing a public hearing before the City Council on June 4,
2003, to consider the request of Xcel Energy -Gas to grant a permanent easement located on City
property in Lilydale Park to provide for the construction, operation and maintenance of an underground
anode bed used to regulate and dissipate electric charge in the gas main located parallel to Water Street.
11. Letter from the Real Estate Division announcing a public hearing before the City Council on June 4,
2003, to consider the petition of Robert McCollough to vacate the City's interest in portions of Bancroft
Avenue (and a portion of the abutting alley), Halstead Street, Niagara Street, Brown Avenue, and
Congress Street to help develop a small business area owned by the petitioner.
12. Letter from the Real Estate Division announcing a public hearing before the City Council on June 4,
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2003, to consider the petition of Jake Cadwallader to vacate the City's interest in portions of Burg Street
and East Street for the purpose of developing the abutting property with new homes.
13. Letter from the Real Estate Division announcing a public hearing before the City Council on June
25, 2003, to consider a request to grant the City of Maplewood a temporary construction easement and
permanent utility easement, located on City of Saint Paul park property immediately north of Lake
Phalen in Maplewood, for the construction, operation and maintenance of a City of Maplewood storm
sewer.
14. Administrative Orders:
D002297 Extending the contract completion time from October 10, 2002, to June 10, 2003, for the
Sibley Street Streetscape project.
D002298 Authorizing the proper City officials to pay Public Art Saint Paul an amount, not to exceed
$2,990.00, for the costs and expenses of restoration of the sculptures in Cochran and Nathan Hale
Parks .
D002299 Revising the budget by moving funds from Wards 2 and 3 Neighborhood Investment Initiative
Program to the Scenic Overlook and NEDA Demonstration Duplex projects.
D002300 Authorizing the Division of Parks and Recreation to spend no more than $500 for food to be
served at a reception during the site visit by the National Accreditation Commission for Parks and
Recreation.
Noted as on file in the City Clerk's Office
FOR ACTION
15. Approval of minutes of May 7, 2003.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -485 - Approving pension plan documents as an amendment to the 2003 -2004
Collective Bargaining Agreement between the City of Saint Paul and Tri- Council 120, Local 49 and
Local 132. (To be laid over one week for adoption)
Laid over to June 4 for adoption
17. Resolution - 03 -486 - Establishing the rate of pay for the new classification titled Library Training
and Organization Development Coordinator /Supervisor in Grade 13 of Bargaining Unit 09, Saint Paul
Supervisors Organization, Salary Schedule.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -487 - Establishing the rate of pay for the new classification titled Laboratory
Technician II.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -488 - Approving the appointment, by Mayor Kelly, of Jenni Wagner to the Ramsey
County Workforce Investment Board.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -489 - Approving the decisions of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices and Correction Orders for 540 Fairview Avenue North, 1340
Seventh Street West and 1044 Front Avenue.
Adopted Yeas - 7 Nays - 0
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21. (Discussed after the consent agenda)
22. Resolution - 03 -491 - Authorizing the Police Department to enter into an agreement between the
Police Department and the State of Minnesota Department of Public Safety to establish a user contract
with the State to allow the Police Department access to the various computer databases hosted by the
State including the National Crime Information Center and the Minnesota Criminal Information System.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -492 - Accepting donations from the Saint Paul Riverfront Corporation and Lancer
Catering in providing refreshments at receptions during the Commission for the Accreditation of Parks
and Recreation Agencies (CAPRA) on June 3 -6, 2003, as part of the national accreditation application
process.
Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -493 - Requesting and accepting donations from area merchants, unions and others
for their contributions to the City of Saint Paul for the annual Employee Picnic to be held on August 14,
2003, at Como Park.
Adopted Yeas - 7 Nays - 0
25. Resolution - 03 -494 - Memorializing City Council action taken February 5, 2003, granting the
appeal of Wally Nelson for variances to split a lot and construct a new single family home at 1036
DeSoto Street.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -495 - Approving the use of Neighborhood STAR Investment Initiative funds for
buckthorn removal.
Adopted Yeas - 7 Nays - 0
27. Resolution - 03 -496 - Concerning adverse action against the Tow Truck/Wrecker license application
submitted by Alway's Towing, 14 Acker Street East.
Adopted Yeas - 7 Nays - 0
28. Resolution - 03 -497 - Concerning adverse action against the Cigarette /Tobacco license held by
Grand American Restaurant Company, dba The Wild Onion, 788 Grand Avenue.
Adopted Yeas - 7 Nays - 0
29. Resolution - 03 -498 - Waiving the 45 -day notice requirement for issuance of wine and strong beer
licenses to D'Amico & Sons, LLC, 975 Grand Avenue, due to a change in corporate ownership
structure.
Adopted Yeas - 7 Nays - 0
30. Resolution - 03 -499 - Authorizing the City of Saint Paul to transfer the Office of License,
Inspections and Environmental Protection Building Permit Archive to the Ramsey County Historical
Society.
Adopted Yeas - 7 Nays - 0
31. Resolution - 03 -500 - Authorizing the proper City officials to accept and to sign the dedication of a
right -of -way easement for Phalen Boulevard and to file the dedication with Ramsey County.
Adopted Yeas - 7 Nays - 0
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32. Resolution - 03 -501 - Authorizing the purchase of land (1 parcel at 306 Lexington Parkway North)
for the Jimmy Lee Recreation Center Acquisition and Redevelopment Project.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -490 - Accepting a Zero Adult Provider (ZAP) program grant from Minnesota Join
Together and establishing a 2003 financing and spending plan for the grant.
Councilmember Benanav thanked Minnesota Join Together for making this money available. The ZAP
program has been in existence for five years and has had a very positive impact on the neighborhood.
The Police Department used overtime to deal with under -age drinkers and adult providers which has
been a positive impact on the City. Unfortunately, the program was not funded this year by the City but
money was found to fund the program. However, it's a one -time grant and it's important that it continues
because prior to the institution of the ZAP program, there were many issues in the neighborhoods. He
encouraged the City Council to fund the program in 2004.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
Susbension Item
Resolution - 03 -516 - Recognizing Al Shetka, City, Engineer, Department of Public Works, on his
retirement after 35 years of City service and proclaiming May 28, 2003, as "Al Shetka Day" in the City
of Saint Paul.
Councilmember Coleman read the resolution and the City Council extended their thanks and
appreciation to Mr. Shetka for all his dedication and good work. Mr. Shetka responded with words of
appreciation for the opportunity he had to work for the City.
Councilmember Coleman moved suspension of the rules and approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
(Benanav left the meeting)
33. Resolution - 03 -502 - Recognizing the yellow flag with three red stripes as the official flag of the
Vietnamese American Community.
Councilmember Blakey presented the resolution and representatives of the Vietnamese Community read
prepared statements about the significance of the flag.
Councilmember Coleman expressed his thoughts and feelings about the oppression of the South
Vietnamese people. However, he had concerns saying that the Council recently dealt with the issue of
the resolution pertaining to the impending war in Iraq and there was discussion pertaining to the
appropriate role of the Council is in such matters; i.e., when they should weigh in on such things and
when they shouldn't. Coleman said he feels the Council can be supportive of the cause and supportive of
the symbolic importance of it but he does not feel it's the Council's role to decide what the official flag
of Vietnam should be.
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Councilmember Coleman moved to table the resolution.
Councilmember Harris said the great thing about America is that diverse cultures have come to our
country for so many years and he told the representatives that it is great that they can come to America,
be a part of it and still recognize the diversity.
Councilmember Blakey said he saw no reason to table the resolution and saw no harm in recognizing the
flag.
Vote on motion to table the resolution:
Failed Yeas - 2 - Coleman, Bostrom Nays - 4 - Blakey, Harris, Lantry, Reiter,
Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 1 (Coleman) (Benanav not present for vote)
34. Update from Sergeant Simmons, Saint Paul Police Department, regarding the impact of Council File
No. 02 -612 (ordinance) requiring second hand dealers to report certain transactions. (Update requested
by the Council on November 27, 2002)
(Benanav returned; Blakey left)
Sergeant Simmons, Saint Paul Police Department, said the ordinance change adopted by the Council in
November 2002 did not take effect until January 27, 2003 so he had four months of data. Four of the
second -hand stores have been reporting. As of May 23, they have had 97 reportable transactions and
they have checked 327 items that have come into these stores. There were 80 guns that never would
have been checked under the old ordinance. Six cases involved stolen property with an approximate
value of $16,000. Criminal charges were filed in two of the cases, two of them were domestic related
where they recovered the property and returned it to the owner. In one case the item was sold before he
could determine it was stolen. The time of theft and the selling of the item made it difficult to prosecute.
He is still working on the last case and it may involve multiple burglaries.
If second hand stores and pawn shops are compared and they look at the number of items checked on a
daily basis, divided by the number of items found stolen, they are finding about two times more stolen
items in the second -hand stores than they are in the pawn shops. Therefore, Sgt. Simmons said he does
not feel they have an out -of- control problem in the second -hand stores. Some of the merchandise is
going to be stolen but the police need to continue to monitor what goes into these stores. He told the
Council what they did by changing the ordinance is working.
Since the ordinance change, one second -hand store, which was engaging in illegal activity, closed on
January 24 - three days before the ordinance took effect. The ordinance would have made it difficult to
continue to engage in illegal activity.
Since the amended ordinance was passed, Mr. Simmons said he has had dozens of calls from second-
hand store owners and employees regarding suspicious property. He said that overall the change has
been a success.
35. Resolution - 03 -452 - Directing the proper City officials to convey the property in the area known as
Norpac Road to the highest responsible bidder. (Laid over from May 14)
Councilmember Reiter moved to lay over to June 25.
Laid over to June 25 Yeas - 6 Nays - 0 (Blakey not present for vote)
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36. Report from the Director of the Division of Parks and Recreation regarding the input received from
the various participants at the Parks and Recreation Reorganization Policy Session and the
Administration's proposed steps for implementing some form of a Rec. Center Reorganization Plan.
(Requested by the City Council on May 21)
(Blakey returned)
Bob Bierscheid, Director of the Division of Parks and Recreation, appeared. He said revisions have been
made to the recreation delivery system. They will be using the six service area system and will use the
concurrent model having recreation center directors responsible for the operation of the recreation
centers. No centers will be closed and all centers will be classified as recreation centers for the purposes
of programming. To obtain the goal of better consistency throughout the system, they are adopting the
recommendations that came from the employee group of creating standing committees in the area of
teen programming, booster club support, evaluation, athletics and fitness, facility issues, and special
events and activities. The committees will be given a formal structure and expectation and they will
meet on a regular basis. Mr. Bierscheid said they expect the hours of operation will be very similar and
will be adjusted based on need and analysis of usage. All the centers will be asked to keep a
comprehensive data base of what's going on in the centers in order to continue to review and revise
accordingly as much of the 2003 administrative budget has been moved to the neighborhoods and
centers to be able to provide the neighborhood activities.
After budget discussions with Mayor Kelly, Mr. Bierscheid said they will be submitting a budget with
no reductions for 2004 in the Recreation Services budget which means there will be no changes in titles
or rates of pay for staff.
Mr. Bierscheid said they believe these changes will result in better consistency of service, local
operation of recreation centers, more staff support, increased emphasis on volunteerism and volunteer
support and improving the overall quality to an already excellent system.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
(Reiter left)
37. Final Adoption - 02 -570 - An ordinance establishing a new height limit for boulevard plantings of 36
inches, except for plantings within eet2 thin 30) feet of any intersection or within five feet of any
alley, driveway approach or public utility fixture where plantings may not exceed
eighteen 18) inches in height. (Laid over indefinitely on October 23, 2002;
recalled and substitute introduced on May 21)
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
38. Second Reading - 03 -484 - An ordinance amending the Saint Paul Legislative Code, Appendix F,
District Heating Franchise - District Heating Development Company, and Appendix K, District Energy
Services Franchise, to grant the franchise holder legal authority to use the public right -of -way to install a
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fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey.
(Substitute introduced on May 21)
Laid over to June 4 for third reading /public hearing
39. First Reading - 03 -503 - An ordinance approving rezoning of the east side of Payne Avenue, north of
Hopkins Street and south to Kenny Road to allow construction of three 8 -unit rowhouses. (Public
hearing held May 7, 2003)
Laid over to June 4 for second reading
Suspension Items
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -517 - Agreeing to defend, indemnify and hold harmless the Minnesota Street Rod
Association from any and all damages they may be required to pay as a result of suits, claims, actions, or
judgments arising out of the use of the public right -of -way on Kellogg Boulevard between Wabasha and
Robert Streets from May 31 through September 27, 2003.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
Councilmember Lantry moved suspension of the rules to introduce the following ordinance and first
reading:
First Reading - 03 -518 - An ordinance amending Council File 02 -1116, adopted December 26, 2002,
which established an interim ordinance of limited duration regulating land use and official controls in
the area of the City commonly known as the Sunray Area.
Laid over to June 4 for second reading
Yeas - 6 Nays - 0 (Reiter not present for vote)
The meeting was recessed from 4:55 to 5:30 p.m.
Roll Call: Present - 5 Absent - 2 (Blakey, Coleman - both arrived later in the meeting)
PUBLIC HEARINGS
40. Third Reading - 03 -440 - An ordinance amending Saint Paul Legislative Code Chapter 200 to
impose administrative penalties for dogs which repeatedly run at large, to provide a method for
destruction of dogs declared to be a nuisance, and to provide incentives for having dogs neutered or
spayed. (A detailed staff report by the Office of License, Inspections and Environmental Protection will
be presented on this ordinance) (Requested by the City Council on May 14)
(Blakey arrived)
Councilmember Lantry presented a substitute ordinance which Bill Stephenson, Office of LISP /Animal
Control, reviewed.
Councilmember Harris asked what is to prevent a random decision process of destroying all dogs. Mr.
Stephenson responded that Animal Control may have to put in some criteria and he is willing to work
with animal welfare organizations on that issue. Harris said he would like to see changes that may be
made with these groups put in the ordinance.
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Appearing to address the ordinance were the following
Janelle Dixon, representing the Humane Society for Companion Animals, said her organization feels
that the fourth level of penalty is overly harsh in terms of the great possibility that an animal's
punishment for running away too many times is going to be euthanasia. There is a dangerous dog
provision that can take care of situations where there are aggressive animals, she said, and a stray animal
does not mean it is aggressive. There were nearly 3,000 animals surrendered to her organization in 2002
that came in as strays and a large portion of the animals were dogs which were placed in homes. She
feels they are punishing the animal rather than the person who owns the animal and she feels there may
be other alternatives that could be used in addition to the fines that may be more acceptable such as
required obedience training, fencing the yard, etc. which would be more effective in containing a dog
rather than resorting to euthanasia.
Mike Fry, Animal ARC, appeared in support of the ordinance and especially with the changes that were
made on this date. He said he has been looking at municipalities all over the United States and
specifically focusing on cities such as San Francisco, Seattle, and a number in Arizona that have greatly
reduced their pet over - population problem. In almost all of those communities there has been a
partnership with the private shelters and the cities and have done a cooperative effort. A big part of the
puzzle is legislation that puts responsibility on the owners for containing animals.
Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0 (Coleman not present)
Councilmember Harris suggested that as staff works on amendment to the ordinance or the Code, the
two individuals who spoke could be involved in the process and have a report back in about a month.
Substitute introduced and laid over to June 4 for final adoption
Yeas - 6 Nays - 0 (Coleman not present for vote)
Councilmember Harris requested a report from staff at their City Council Meeting on June 25, 2003, on
the progress on the wording change to the Administrative Rules regarding the destruction of dogs.
41. Third Reading - 03 -441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code
allowing skateboarding in Saint Paul unless indicated otherwise.
Councilmember Benanav recognized the young people who worked on the skateboarding issue and
extended his appreciation to them for all their diligent work.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing. Yeas - 6
Nays - 0
Laid over to June 4 for final adoption
(Harris and Reiter left the meeting)
42. Third Reading - 03 -469 - An ordinance amending Title II of the Saint Paul Administrative Code by
adding a new chapter thereto pertaining to the adoption of council ward boundaries."
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Yeas - 4 Nays - 0 (Coleman, Harris, Reiter not present)
Laid over to June 4 for final adoption
(Reiter returned)
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43. Resolution - 03 -504 - Authorizing multi - family rental housing tax exempt revenue bonds for Arbor
Pointe Project, District 10, located at Dale Street and Maryland Avenue.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0 (Coleman and Harris were not present for vote)
44. Resolution - 03 -505 - Considering a petition of the United States Postal Services to vacate an 80.5
foot wide aerial easement to facilitate the construction of a skyway over Sibley Street between Second
Street and Kellogg Boulevard. (Vacation File No. 26 -2002)
Councilmember Coleman presented a substitute resolution.
Brian Marshall, representing the Postal Service, appeared. He said the Post Office would like to
construct a skyway over Sibley Street from the main post office building to the loading dock operation
across Sibley Street. They presently have a skyway for moving mail back and forth to the loading dock
operation but they have determined there are structural problems and the only way to fix them would be
to shut it down completely for a period of time which is something that operationally is not acceptable.
Therefore, the only alternative they have come up with is to construct another skyway prior to repairing
the old one. A new skyway will also allow them to operate more efficiently in the post office because
the existing skyway is kind of a pinch point between the main plant and the loading dock operation and
a very inefficient way to move mail back and forth with a lot of waiting time involved.
Councilmember Coleman said with possible relocation of the post office and discussions that have taken
place with the LOCATE Task Force about commuter rail, use of the concourse, etc., he asked how the
new skyway would affect the potential relocation of the post office. Mr. Marshall responded that he was
not prepared to discuss the other issues involved with the post office. If at some time it makes sense to
relocate the post office, they are talking about a five to ten year time frame for that to happen.
Councilmember Coleman asked if the post office has been participating in discussion about commuter
rail or light rail and use of the concourse facilities. Mr. Marshall said there have been on -going
discussions between headquarters and the task force involved in studying the issue as well as Congress
Woman Betty McCollum.
Councilmember Coleman moved to close the public hearing and lay over for two weeks.
Substitute introduced and laid over to June 11 Yeas - 7 Nays - 0
45. Final Order - 03 -506 - In the matter of the construction of Livingston Avenue from Plato Boulevard
to Fairfield Street with a new bituminous surfaced street, concrete curb and gutter, construct sanitary
sewer /connections, construction of water main /connections, storm sewer connections. (File No. 18986 &
18986W)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 4 Nays - 0 (Benanav, Coleman, and Reiter were not present for vote)
46. Final Order - 03 -507 - In the matter of the construction of a sanitary sewer and service connections
for Skyway Drive from Highwood Avenue to approximately 1600 feet up Skyway Drive. (File No.
18984)
Joe Mueller, Department of Public Works /Sewer Utility, appeared. He noted that this project is the result
of a petition by four of the residents of the potential 18 homes. The area is currently served by individual
sanitary treatment systems. There is no public sewer on Skyway Drive and the improvement would be to
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construct sanitary sewer only on Skyway Drive. A neighborhood information meeting was held to
discuss the possibility of extending the sewer. About 20 people attended the meeting and several spoke
in favor of the project but the majority were not in favor of it. When letters were sent inviting people to
the neighborhood information meeting, Mr. Mueller said he included a post card survey. Of the 18 that
were sent, 13 were returned. Three were in favor of the project and ten were opposed to it. Since it's a
petition type project, Public Works does not have a recommendation.
Councilmember Harris asked if the streets would be re -done. Mr. Mueller responded that the plans
would not include any street improvements. The Highwood ordinance specifies that only improvements
that the residents want should be considered. This petition was just for sanitary sewer and specifically no
water or street improvements.
Appearing in support of the project were:
John Bolin, 2099 Skyway Drive
Dean Gowey, 2095 Skyway Drive
James Johnston, Lyman Development Company
Appearing in opposition to the project were:
Marie Mariano, 2087 Skyway Drive
Tom Dimond, 2119 Skyway Drive
Glenda Morton, 2108 Skyway Drive
Joe Banks, 2125 Skyway Drive
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Harris asked if it's accurate that if a homeowner does not connect they don't have to pay
anything. Mr. Mueller confirmed that is the policy and is how most of the Highwood area has been
handled as well as a lot of the sanitary sewer projects. He said it's difficult to get a sanitary sewer project
passed in areas that have septic systems because some of the systems are either failing or near failing.
One neighbor just installed a brand new system that cost $24,000 so if there is insistence to spend
$24,000 to upgrade an existing septic system, a person is not in a position that they want to spend
another $10- 12,000 for public sewer. It was a system that was devised to delay the assessment until such
time that it is needed. Mr. Mueller said they were able to secure a public finance authority loan from the
state, especially for the south Highwood area which is a low interest loan and which they are using to
finance projects similar to this.
Councilmember Lantry moved to deny the petition. She said these are complicated issues but she tries to
be consistent in how her office treats them and it has always been the same consistent policy where if
51 % of the property owners sign, or in the absence of that, if there is an eminent health and safety issue
where there are no other options for a property owner, then it's a different story. In this case, only 4 out
of 18 people.
Failed (petition denied) Yeas - 4 Nays - 3 (Bostrom, Coleman, Harris)
47. Final Order in Condemnation Proceedings - 03 -508 - In the matter of condemning and taking of
property rights as required for construction of Phalen Boulevard Phase 11 between Payne Avenue and
Arcade Street. (File No. 18989)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing.
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
48. Appeal of Jonathan Bramer to a Summary Abatement Order at 1483 Rice Street. (Legislative
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Hearing Officer recommends laying over to the May 27, 2003, Legislative Hearing and the June 4, 2003,
City Council Meeting.)
Councilmember Reiter moved to lay over one week.
Laid over to June 4 Yeas - 6 Nays - 0 (Harris not present for vote)
49. Appeal of Trudy May Gloe to a Summary Abatement Order at 928 Maryland Avenue East.
(Legislative Hearing Officer recommends laying over to the June 10, 2003, Legislative Hearing and the
June 25, 2003, City Council Meeting.)
Marcia Moermond, Legislative Hearing Officer, reported that as of May 13 there were three issues in the
Legislative Hearing; two assessments and one summary abatement order. There is now an order to
remove or repair for this property so all four issues will be discussed at the hearing on June 10.
Councilmember Reiter moved to lay over to June 25.
Laid over to June 25 Yeas - 6 Nays - 0 (Harris not present for vote)
50. Resolution Ratifying Assessment - 03 -410 - In the matter of the assessment, benefits, cost and
expenses for summary abatement (property clean -up) for property at 837 Fourth Street East
(J0207AAAA). (Laid over from February 26)
Referred to May 13, 2003, Legislative Hearing and laid over from April 23) (Legislative Hearing
Officer recommends approval of the assessment.)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
51. Resolution Ratifying Assessment - 03 -509 - In the matter of the assessment of benefits, cost and
expenses for providing weekly garbage hauling service for the third quarter of 2002 for 712 Hawthorne
Avenue East (J2TRASH3QA) (laid over February 26); and summary abatement (property clean -up) for
property located at 712 Hawthorne Avenue East (laid over March 26). (Legislative Hearing Officer
recommends approval for both assessments.)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
(Harris returned)
52. Resolution Ratifying Assessment - 03 -5 10 - In the matter of the assessment of benefits, cost and
expenses for providing weekly garbage hauling service for the fourth quarter of 2002 (J02TRASH4Q),
boarding -up vacant buildings for the month of February, 2003 (J0302B), summary abatement (property
clean -up) for part of January, 2003 to part of March, 2003 (J0302A), summary abatement (snow /ice
removal and /or sanding of walks) from February, 2003 to part of March, 2003 (J0301 SNOW) and
towing of abandoned vehicles from private property for the month of October, 2002. (Legislative
Hearing Officer recommends approval, including the following:
775 Maryland Avenue East (J02TRASH4Q) - laying over to the May 27, 2003, Legislative Hearing and
the June 4, 2003, City Council Meeting.
104 Larpenteur Avenue West (J02TRASH4Q) - laying over to the May 27, 2003, Legislative Hearing
and the June 4, 2003, City Council Meeting.
1004 Bush Avenue (J0302A) - laying over to the May 27, 2003, Legislative Hearing and the June 4,
2003, City Council Meeting.
480 Sidney Street East (J0302A) - reducing the assessment from $456.50 to $311.50 plus the $45
administrative fees for a total assessment of $356.50.
112 Manitoba Avenue (J0301 V) - spreading the assessment over a five year period.
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1135 Bradley Street (J0301V)- approval of the assessme reduce the assessment from $581.45 to
$461.45 plus the $45 administrative fee for a total assessment of $506.45
1756 Beech Street (J0301 V) - approval of the assessment.
493 Blair Avenue (J0301 V)- approval of the assessment.
897 Carroll Avenue (J0301 V) - spreading the assessment over a five year period.
608 Case Avenue (J0301 V) - approval of the assessment.
1523 Iglehart Avenue (J0302A) - laid over to the June 4, 2003, City Council
Meeting
1539 Iglehart Avenue (J0302A) - approval of the assessment.
955 Jenks Avenue (J0301 SNOW) - approval of the assessment.
860 Lawson Avenue East (J0301 V) - spreading the assessment over a five year period.
1459 Matilda Street (J02TRASH4Q) - reducing the assessment from $270 to $90 plus the $45
administrative fees for a total assessment of $135.
554 Minnehaha Avenue West (J02TRASH4Q) - spreading the assessment over a five year period.
873 Newcomb Street (J0301 V) - approval of the assessment.
1176 Reaney Avenue (J0302A) - reducing the assessment from $288 to $99 plus the $45 administrative
fees for a total assessment of $144.
433 Sherburne Avenue (J0301 V) - deleting the assessment.
501 Sherburne Avenue (J0302A) - approval of the assessment.
608 Wells Street (J0301 V) - spreading the payment over a five year period.
1451 Englewood Avenue (J0301 V) - approval of the assessment.
253 Fuller Avenue (J0301 V) - approval of the assessment.
661 Western Avenue North (J0302B) - approval of the assessment.
707 Maryland Avenue East (J02TRASH4Q) - approval of the assessment.
928 Maryland Avenue East (J0302A and J030213) - (Note: also see the appeal of the Summary
Abatement Order.) laying over both assessments to the June 10, 2003, Legislative Hearing and the June
25, 2003, City Council Meeting.
712 Hawthorne Avenue East (J02TRASH4Q) - approval of the assessment.
1070 Margaret Street (J0301 V) - laying over to the May 27, 2003, Legislative Hearing and the June 4,
2003, City Council Meeting.
1688 York Avenue (J0301 V)- laying over to the May 27, 2003, Legislative Hearing and the June 4,
2003, City Council Meeting.
Carry Rembert, 897 Carroll Avenue, appeared. He said he had vehicles at this home that were being
worked on. He received a notice one day and the next day the police were there and the vehicles were
towed. Ms. Moermond told the Council that it is very expensive for the City to do towings as it is to
undertake mowing of lawns. The owner is almost always better off taking care of these issues
themselves. Councilmember Coleman suggested that in the notices that are sent to property owners there
should be an indication of what the costs are. Ms. Moermond showed an example of a vehicle abatement
order where in bold lettering there is an indication of what the costs are.
Councilmember Blakey moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Lantry moved approval as amended,
The City Council also referred 1607 Carroll Avenue to a Legislative Hearing on June 10, 2003, and the
June 25, 2003, City Council Meeting.
Adopted as amended (per the recommendations of the Legislative Hearing Officer and the City Council)
Yeas - 6 Nays - 0 (Reiter not present for vote)
53. Resolution Ratifying Assessment - 03 -511 - In the matter of approving the assessment of benefits,
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costs and expenses for the construction of the Downtown Streetscape Project, Phase 2A (Fourth Street
West, Market Street and Washington Street). (File No. 18966A)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
54. Resolution Ratifying Assessment - 03 -512 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of the Downtown Streetscape Project, Phase 2B (Fifth Street
West, Market Street and the Intersection at Sixth Street and St. Peter Street). (File No. 1896613)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
55. Resolution Ratifying Assessment - 03 -513 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 1 and 5). (Work
already done) (File No. 02WALKS1)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
56. Resolution Ratifying Assessment - 03 -514 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 3 and 6). (Work
already done) (File No. 02WALKS2)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
57. Resolution Ratifying Assessment - 03 -515 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 2, 4 and 7). (Work
already done) (File No.2WALKS3)
Glen Olson, 268 Winifred Street W., appeared and said he feels the assessment is unfair in the way it is
done. This is a public easement, he said, and should be shared equally by the people living on Winifred.
Gayle Peterson, 5741 Heather Ridge Drive, Shoreview, owner of property at 685 E. Third Street, talked
about problems with water coming into the house for about the last five years and she came to the
conclusion that it was caused by bad sidewalk panels. She contacted the City's Sidewalk Division and
was told it would cost anywhere from $300 to $450 to replace the panels. A couple of months later she
received a phone call that the sidewalk was inspected and it was felt there should be three panels
replaced and the total would be $476.25 which she agreed to. Now she has received an assessment
which is twice as much as she was told it would be and she maintained that the panel replacement was
twice as much as was needed and which was recommended by the inspector.
Council President Bostrom suggested Ms. Peterson's property issue be laid over in order to get a staff
report.
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
(502107 - Both sides of West Winifred Street from Ohio Street to Charlton Street and 502129 - North
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side of East Third Street from Maria Avenue to Bates Avenue were laid over to the June 4, 2003, City
Council Meeting.)
58. Public hearing to consider the appeal of Russanne Low to a decision of the Board of Zoning Appeals
granting a side yard setback variance in order to construct a 3.5 by 10 foot addition to the east side of the
house at 1280 Keston Street. (Laid over from March 26 for continuation of public hearing)
Councilmember Benanav reported that an agreement was reached between the parties that there would
be a variance of a 5 ft. setback instead of 3 -1/2 ft.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and to
approve the decision of the Board of Zoning Appeals as modified based on the stipulated settlement.
Yeas - 7 Nays - 0
(Lantry left)
59. Public hearing to consider the application of Rice Street Properties to rezone property from I -2 to I -1
Industrial to correspond with proposed parcel lines at 801 Rice Street.
Joel Spoonheim, Department of Planning and Economic Development, said this item and Item 460 are
similar with Rice Street Properties and Xcel Energy doing a land swap as they need to exchange land
that they've been using for years. In order to swap it, they need to rezone. Mr. Spoonheim showed
pictures of the property and said that the Planning Commission and staff both recommended that the
land be rezoned.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and grant the
application,
Motion of Intent - Application granted
Yeas - 6 Nays - 0 (Lantry not present for vote)
60. Public hearing
to consider the application for a lot split by Rice Street Properties with a variance to create two industrial
parcels and to facilitate a transfer of ownership and tie the parcels to the adjacent owners at 801 Rice
Street.
Joel Spoonheim, Department of Planning and Economic Development, appeared and said this involved
approving a lot split (see Item 59).
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and grant the
application,
Motion of Intent - Application granted
Yeas - 6 Nays - 0 (Lantry not present for vote)
61. Public hearing to consider the appeal of Clear Channel Outdoor Advertising of a Planning
Commission decision that denied the company a repair permit to restore the west - facing billboard sign
on the rooftop at 1521 Selby Avenue.
Larry Soderholm Department of Planning and Economic Development, presented a staff report. This
issue involves a V- shaped billboard on top of a Selby Avenue corner store at the west end of the Selby
Bridge. The west facing side of the billboard has been missing for about 2 -1/2 years. At the time Clear
Channel applied to repair the billboard and put it back, the Office of LIEP denied the permit because the
sign had been discontinued for more than a year. Clear Channel appealed to the Planning Commission
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and they upheld LIEP's decision on a vote of 8 -3. Clear Channel then appealed to the City Council.
Clear Channel claims that although one face of the V- shaped sign structure was missing for 2 -1/2 years,
the other one was continuously in use and, therefore, more than half of the whole structure was in
continuous use. The Planning Commission and Staff recommen- ded denial of the appeal.
Marvin Listz, attorney for Clear Channel, appeared and said the grounds for appeal in their appeal
document sets forth the reasoning why the appeal should be granted. This is one use comprised of two
sides, Mr. Listz said, the cost of repair is less than 50% and, therefore, the appeal should be granted.
Appearing in opposition to the appeal were:
John Manillo, 1335 Beechwood
Dave Monson, 1527 Selby Avenue
Dick Willard, 196 N. Saratoga Street
Pamela Drake, 1535 Selby Avenue
Resident, 1529 Selby Avenue
Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Benanav moved to deny the appeal and uphold the recommendation of the Planning
Commission based on the fact that
Motion of Intent - Appeal denied Yeas - 5 Nays - 2 (Blakey, Reiter)
ADJOURNED AT 7:40 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson July 16, 2003
Assistant Council Secretary
mce
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