Approved Minutes 6-4-2003Page 1 of 18
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 4, 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 Items
• Ordinances
• 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 I - 27)
Council President Bostrom removed Item 12 for discussion.
Councilmember Blakey requested Item 18 be removed for discussion.
Councilmember Lantry stated that Item 24 was requested to be withdrawn
Councilmember Blakey moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Allstate Indemnity Company (for insured Cecilia/Cyril Chinyere Anuford), Russell
Hamilton (Truck Center), Hui Son Licklider, Robert Tracy, Vanderhyde & Associates, Ltd. (for client
Carol Koester), and Monica Yarbrough.
Referred to the Risk Management Division
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 2 of 18
2. Summons and Complaint in the matter of Muhannah Kakish vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
3. Notice of Hearing on Petition and Notice of Motion and Motion for an Order Transferring Title and
Possession of Property, Petition and Motion for an Order Authorizing Transfer of Title and Possession
in the matter of the City of Saint Paul vs. Meritex Enterprises, Inc., et al. (Property address: Corner of
Olive and Grove Streets).
Referred to the City Attorney's Office
4. Communication from the Minnesota Pollution Control Agency dated May 19, 2003, notifying the
City of Saint Paul of the change in control of the Saint Paul Transfer Station Facility, SW -593. All local
jurisdictions have the right to request a public meeting within 30 days of the date of this letter.
5. Communication from the Metropolitan Council dated May 23, 2003, notifying interested parties that
they are accepting applications to fill 17 positions on the
Livable Communities Advisory Committee, and the deadline for receiving the applications is 5:00 p.m.
on Friday, June 6, 2003.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing on June 25, 2003, to consider the application of Stacy Einck, Andersen Corporation, for a sound
level variance on Harriet Island (concert area) on July 19, 2003, for an outdoor concert and fireworks
between the hours of 7:00 p.m. to 10:30 p.m.
7. Letter from the Citizens Service Office /Division of Property Code Enforcement declaring 495 Curtice
Street East as nuisance property. (For notification purposes only; public hearing will be scheduled at a
later date if necessary.)
FOR ACTION
8. 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. (Laid over from May 28 for adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -519 - Approving the appointments, by Mayor Kelly, of Matthew Bowe and Thomas
Moran and the reappointments of Tom Azzone, David Baker, Bill Buth, Robert Cardinal, Pat Igo, Stuart
Simek, Mike Skillrud and Billie Young to the Business Review Council.
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -520 - Approving the appointments, by Mayor Kelly, of Alberta Jackson and Renee
Skoglund and the reappointments of Harold Hebl, Peter Keely, Donna Lee, Judith Probst, Mary Ellen
Radmann and Jamie Warndahl to the Mayor's Advisory Committee on Aging.
Adopted Yeas - 7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 3 of 18
11. Resolution - 03 -521 - Approving the appointments, by Mayor Kelly, of Georgia Lickness, Karen
Reid, and Patrick Toth to the Saint Paul Neighborhood Network Board.
Adopted Yeas - 7 Nays - 0
12. ( Discussed after the consent agenda
13. Resolution - 03 -523 - Authorizing payment of $37,500.00 to Arkay Construction Company in full
settlement of their claim against the City of Saint Paul (City Project No. 9921.00 - Addition and
Remodeling of the Martin Luther King Center).
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -524 - Authorizing reimbursement to various vendors for costs incurred in
conducting employee relations and recognition programs in 2003.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -525 - Transferring funds from Council Contingency to various activities in the
Engineering Fund in the Department of Public Works to implement a Computerized Maintenance
Management System.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -526 - Directing the proper City officials to pay the owners $3,000 for a drainage and
utility easement on, under and across the west 20 feet of Lot 30, Block 4, Hazel Park and accepting the
dedication of said easement.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -527 - Amending Council File No. 02 -1093 adopted on November 20, 2002,
correcting the legal description of Capitol Heights Street for vacation.
Adopted Yeas - 7 Nays - 0
18. ( Discussed after the consent agenda
19. Resolution - 03 -529 - Approving the application, with conditions, for Second Hand Dealer -Motor
Vehicle License by Hossein Agbamirzai, University Auto Sales & Service, LLC, dba University Auto
Sales, 745 Robert Street, South. (Legislative Hearing Officer recommends approval, with conditions.)
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -530 - Authorizing an amendment to the Joint Powers Agreement that established the
Metropolitan Library Services Agency between the seven metro area counties.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -531 - Approving the License Agreement between the Minnesota State Fair and the
City of Saint Paul, Division of Parks and Recreation, for the purpose of using their grass parkway area
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 4 of 18
as auxiliary soccer fields.
Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -532 - Approving the use of STAR funds to create a basketball court at Dunning
Field.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -533 - Approving the use of STAR funds to do playground improvements at JJ Hill
Montessori Magnet School.
Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -534 - Amending Council File No. 02 -1115 to the extent necessary to enable the
Quick Brothers to undertake a development at 1922 Wilson Avenue and to move forward with their
various zoning and building applications.
Withdrawn Yeas - 7 Nays - 0
25. Resolution - 03 -535 - Closing and abandoning the Como Place rail crossing due to the new stringent
Federal whistle blowing regulations and authorizing the associated roadway improvements for Como
Place and Como Avenue.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -536 - Affirming the vote of the City Council's representative on the United States
Postal Service Feasability Study of the Arden Hills Twin Cities Army Ammunition Plant (TCAAP) site
for the future Postal Sorting Center.
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 03 -537 - In the matter of sidewalk reconstruction and /or new construction at
West Side Aldine Street from Marshall Avenue to Iglehart Avenue (503001) and West Side Harvard
Street from East Baker Street to Prescott Street, and setting date of public hearing for June 25, 2003.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -522 - Ratifying the appointment of Douglas Holton as Fire Chief of the Saint Paul
Fire Department effective September 1, 2003.
Dennis Flaherty, Deputy Mayor, appeared and talked about the process that was used in selecting Mr.
Holton as the new Fire Chief. A nation -wide search was conducted with advertisements in an extensive
number of publications. Twenty -eight applications were received and 17 of them were considered. The
committee condensed the 17 resumes to eight and eventually to five. By the time the five names were
going to be sent to the Mayor, one of the candidates was no longer interested and asked that his name be
withdrawn. The remaining four candidates were interviewed by the Mayor. They were all great
candidates, Mr. Flaherty said, but candidate Doug Holton stood out from the very beginning. Mr. Holton
is coming to St. Paul from the City of Milwaukee where he was a career fire fighter for 25 years. He
rose through the ranks to his current position of deputy chief. His administrative and command
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 5 of 18
experience is extremely well- rounded, Flaherty said.
Dick Leitner St. Paul Fire Fighters Local 21, and a selection committee member appeared. He said the
process went very well and the committee went far above his expectations.
Billy Collins and Dr. Bruce Cory, both committee members, also appeared and talked about their
satisfaction with the selection process.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
Suspension Items
Resolution - 03 -552 - Thanking the Saint Paul Fire Chief Examining Committee for their hard work in
the important process of selecting Saint Paul's next Fire Chief.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -553 - Extending the City Council's deepest gratitude to Jim Peterson, President of the
Science Museum, for his vision, his leadership and his hard work on behalf of our extended community
and wishing him all the best in the days and challenges ahead as President of Gustavus Adolphus
College.
Councilmember Coleman extended his thanks and appreciation for the great work Jim Peterson has done
in his role with the Science Museum. Mr. Peterson responded with words of appreciation for the
recognition he received and said it has been an honor to serve the Science Museum.
Mayor Kelly appeared and also extended his appreciation to Mr. Peterson.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -528 - Approving the application, with conditions, for a Malt Off Sale License by
Chanh Yang, dba Super Convenient Store, 922 Thomas Avenue. (Legislative Hearing Officer
recommends approval, with conditions.)
The City Council referred this matter to an Administrative Law Judge.
Councilmember Blakey said there have been a lot of neighborhood concerns about this license
application for a number of reasons including that there are already several liquor establishments in this
neighborhood. Also, there is a Model Cities program that works with alcoholics as well as a daycare
center in the area.
Councilmember Blakey moved to deny the license.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 6 of 18
Councilmember Coleman said legally the Council can either grant the license with conditions or refer it
to an administrative law judge hearing.
The City Council referred this matter to an Administrative Law Judge.
Yeas - 7 Nays - 0
Councilmember Blakey requested information from staff as to whether or not there is a licensed day care
center in the area.
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
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
28. Final Adoption - 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. (Substitute introduced on May 28)
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry requested a report at the City Council Meeting on September 3, 2003, from the
Office of License, Inspections and Environmental Protection, as to the effectiveness of this ordinance
and if there are any issues that should be brought forward.
29. Final Adoption - 03 -441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code
allowing skateboarding in Saint Paul unless indicated otherwise.
Councilmember Blakey said he talked with people from the Business Review Council (BRC) who had
concerns that this ordinance will allow skateboarding on business property and /or they would have to
put up signs indicating that skateboarding was not allowed. They were also concerned about liability
issues and wondered if there are any restrictions on skateboarding. Also, there are concerns about the
safety of disabled people being hit by a skateboarder. Councilmember Blakey moved to lay over one
week in order to look into those concerns.
Councilmember Benanav noted that no concerns were expressed at the public hearing the previous
week. No skateboarding is allowed on private property. He suggested that the BRC talk to the task force
about their issues.
Laid over to June 11 for final adoption Yeas - 7 Nays - 0
30. Final Adoption - 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."
Councilmember Lantry moved approval.
file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 7 of 18
Adopted Yeas - 7 Nays - 0
31. Second 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 11 for third reading
32. Second 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.
Withdrawn Yeas - 7 Nays - 0
Suspension Items
Councilmember Reiter moved suspension of the rules for first reading of the following ordinance:
First Reading - 03 -554 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
permit the sale of alcohol until 2:00 a.m. by those establishments which have obtained a permit from the
State of Minnesota.
Introduced and laid over to June 11 for second reading Yeas - 7 Nays - 0
The City Council requested that the following information to be provided at the June 25, 2003, City
Council Meeting concerning the above ordinance:
Councilmember Lantry requested the City Attorney to provide a report whether or not the City, in
addition to the State, can also include an additional fee on liquor licenses for the extended hour. Also, is
it necessary for the City to develop a different liquor license fee scale.
Councilmember Coleman requested the City Attorney to provide a report as to the City's ability to
impose stricter license conditions on certain establishments, such as certain neighborhood bars that
would remain open until 2:00 a.m.
Councilmember Blakey requested a report from Chief Finney, Saint Paul Police Department, on the
impact, if any, the 2:00 a.m. bar closing will have on the City's law enforcement.
Councilmember Harris moved suspension of the rules for first reading of the following ordinance:
First Reading - 03 -555 - An ordinance amending Chapter 14 of the Saint Paul Administrative Code to
clarify that the Library Director serves at the pleasure of the Mayor, and to modify the budgetary powers
previously given to the Library Agency.
Introduced and laid over to June 11 for second reading Yeas - 7 Nays - 0
Councilmember Harris moved suspension of the rules and a one week layover of the following
resolution:
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 8 of 18
Resolution - 03 -556 - Approving the polling location changes for the 2003 primary and general
elections.
Introduced and laid over to June 11 Yeas - 7 Nays - 0
Reconsidered Item
Councilmember Harris moved to reconsider the following resolution to make a correction to the date
and approval as amended.
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 13,
2003, at Como Park. (Previously adopted on May 28, 2003)
Reconsidered, amended and adopted Yeas - 7 Nays - 0
The meeting was recessed from 4:30 - 5:35 p.m.
Roll Call: Present - 7 Absent - 0
PUBLIC HEARINGS
33. Third 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
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)
Lori Lee, Department of Financial Services and a member of the Franchise Review Team, presented a
report. This ordinance amends both the heating and cooling franchises to grant authority for the use of
the public right -of -way for a fiber network as was agreed to in a Council Resolution. The purpose of the
network is to upgrade District Energy's metering system as well as provide a communication system to
the city, county and state as well as eventual improvements to the downtown traffic signals. It is
restricted to the governments' use and the current plans are just for city, county and state use. District
Energy has just completed the design, has received bids for the projects, and is meeting with the state
and the county the week of June 9 to work out the arrangements.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing. Yeas - 7
Nays - 0
Laid over to June 11 for final adoption
34. Final Adoption - 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code
pertaining to sports facilities sponsorship signs. (Substitute introduced and laid over from May 21 for
final adoption and public hearing on the new substitute)
Peter Warner, Assistant City Attorney, stated that at the City Council meeting on May 21, 2003, the City
Attorney's Office was asked to look into whether or not the City could regulate the content of the
sponsorship signs with this proposed ordinance. Substantial research was done into that issue and it is
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 9 of 18
their opinion that, because of the nature of the signs, the City can regulate the content of the signs as
well as who the speaker might be. It is imperative in being able to regulate that the City develop a set of
standards or criteria that sponsor applicants would have to meet and if they meet those criteria they
would be able to obtain a sponsorship sign. Mr. Warner said he talked to Zoning staff and Parks staff
and offered the services of his office to help them draft the standards.
A second question posed was whether or not there would be some difficulty in passing this ordinance
amendment; i.e., if the City would appear to be favored. The research done by the Attorney's Office
indicates that presently the answer is no because a zoning ordinance is being amended and the Council is
acting in their legislative capacity. Legislative determinations are reviewed by the courts and the rational
basis test, as he understands the intent, is to develop this exception to the City sign code so that sponsors
who meet a set of standards are able to purchase sponsorship signs and the proceeds from the signs will
be used to help fund things such as the golf program and ball field programs.
Councilmember Benanav asked Mr. Warner how he came to the conclusion that the City could prohibit
or restrict the groups who might chose to sponsor a sign. Mr. Warner responded that since the 1960s the
Supreme Court has gone through a series of cases where they have articulated tests to look at how
speech is regulated by the government. The Council is dealing with first amendment issues is this case
and the analysis that the courts go through for using government property is a public forum test which
Mr. Warner explained.
Appearing in opposition to the ordinance was Peggy Lynch, Executive Director of The Friends of the
Parks and Trails of St. Paul and Ramsey County, who said The Friends oppose the sponsorship signs on
the athletic fields but they do support the sponsorship signs on the golf tees. They feel that Midway
Stadium should be removed from the ordinance as the signs they have are not sponsorship signs but are
advertising signs.
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry said she has a concern about the cost involved with putting up all the signs and
maintaining them. She questioned if some language could be removed from the ordinance pertaining to
the City's baseball fields but make the other ones conforming and be able to get the golf sponsorships
moving forward.
Kathy Korum, staff from the Division of Parks and Recreation, said the Friends of St. Paul Baseball and
the Dunning Boosters in particular have expressed an interest in not only helping to solicit sponsors but
also to help manage the sponsorship program as well as maintenance of the signs. She felt there would
be very little staff costs. The initial sign cost will be the sponsor's cost and they will also be responsible
for major maintenance and repairs.
Councilmember Coleman said there appears to be consensus on the golf tees. With the ballpark signs he
feels there is a lot less control and it is not clear to him what the signs will look like. He said he would
vote for the golf part but not in combination with the ballparks.
Councilmember Blakey said the Council has to look at this in totality. The challenge is that the City is
continuing to cut services in many departments and pushing them to come up with new revenue. This
would be a new way to look at ways to generate revenue.
In response to a question of Councilmember Harris as to which fields are included, Larry Soderholm,
Department of Planning and Economic Development, appeared and said in the substitute ordinance
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 10 of 18
before the Council, the sites where the signs could be located are very restrictive. They include the three
fields that are used for Little League baseball one of which is leased from Parks and Rec. or operated
under a long -term agreement with Parks, Midway Stadium, the hockey rinks at McMurray Field,
possibly one baseball field at Arlington- Arkwright, the softball fields at Rice - Arlington, and the softball
fields at Dunning Field.
Adopted Yeas - 4 Nays - 3 (Benanav, Coleman, Lantry)
35. Resolution - 03 -538 - Approving the application by Minnesota Music Cafe, 499 Payne Avenue, for a
sound level variance on June 7, 2003, between the hours of 6:00 p.m. and 12:00 midnight subject to
conditions.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
36. Resolution - 03 -539 - Approving the issuance of revenue notes by the City of Grand Rapids,
Minnesota, in order to finance the acquisition and improvement of group home facilities owned by
Lutheran Social Services, 1524 Stillwater Avenue.
Sherry Pemberton, Department of Planning and Economic Development, appeared and explained that
Lutheran Social Services and the City of Grand Rapids are issuing revenue notes for properties in
Brainard, Bloomington, La Prairie, and St Paul to help in the rehabilitation of them as well as some
purchases and to refinance their debt. There is a requirement to hold a public hearing in each city on the
property that it is affected. The home at 1524 Stillwater Avenue has been owned by Lutheran Social
Services for over a year. It is a single family home that has four adults with developmental disabilities
living there. The home will be refinanced and rehabilitated to continue that use.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
37. Resolution - 03 -540 - Authorizing the proper City officials to grant to the State of Minnesota a
license to occupy and use a 12 inch wide strip within Johnson Parkway between the I -94 right -of -way
and Phalen Boulevard for fiber optic service to its new facility for the Bureau of Criminal Apprehension.
Peter White, Real Estate Division, appeared and said this is an item that is "triggered" by the City
Charter parkland replacement policy. The State of Minnesota needs to put in fiber optic cable on
Johnson Parkway which is a change in the use of parkland and requires an appraisal of the use and a
public hearing before the City Council in order to change the use to the fiber optic cable. The appraised
value is approximately $3,600.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
38. Resolution - 03 -541 - Authorizing the proper City officials 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.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 11 of 18
Peter White, Real Estate Division, told the Council this is a parkland replacement issue that requires an
appraisal of the property to be reused and requires a public hearing before the City Council. An existing
building is being redone into lofts. Mr. White explained the area on a map.
Councilmember Lantry presented an amendment adding a final resolve that the easements shall be
consistent with the community vision for Lower Phalen Creek and National Resource Management Plan
for the Bruce Vento Nature Sanctuary.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval
as amended.
Adopted as amended Yeas - 7 Nays - 0
39. Resolution - 03 -542 - Authorizing the proper City officials to grant a permanent utility easement to
Xcel Energy -Gas to install an underground rectifier and anode bed system in Lilydale Park.
Peter White, Real Estate Division, and stated this is a parkland replacement issue. Xcel Energy has an
existing anode bed and their gas line can develop an electric charge which gets released into the ground.
The existing anode is decayed, a new one is needed so an easement is needed. It has been approved by
the Parks Board.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
40. Appeals of Jonathan Bramer to a Summary Abatement Order and Vehicle Abatement Order at 1483
Rice Street. (Laid over from May 28)
(Legislative Hearing Officer recommends that the compliance date on the April 22, 2003, Vehicle
Abatement Order will be changed to May 28, 2003, at 10:00 am. The compliance date for the April 22,
2003, Summary Abatement Order will be changed to June 3, 2003.)
Marcia Moermond, Legislative Hearing Officer, reported that this property had come into compliance
and, therefore, she recommended the appeal be withdrawn.
Councilmember Reiter moved to withdraw the appeal.
Appeal withdrawn Yeas - 7 Nays - 0
41. Resolution Ratifying Assessment - 03 -543 - In the matter of the assessment of benefits, cost and
expenses for the towing of abandoned vehicles from private property located at 1070 Margaret Street
(J0301VV) and 1688 York Avenue (J0301VVV) during the month of October, 2002; providing weekly
garbage hauling service for the fourth quarter of 2002 for the property located 775 Maryland Avenue
East (J2TRASH4QA); providing weekly garbage hauling service for the fourth quarter of 2002 for
property located at 104 Larpenteur Avenue West (J2TRASH4A5); and summary abatements (property
clean -up) during the month of February, 2003 for property located at 1004 Bush Avenue (J0302AA).
(Laid over from May 28)
(Legislative Hearing Officer recommends the following:
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 12 of 18
1688 York Avenue - laying over to the June 10, 2003, Legislative Hearing and the June 25, 2003, City
Council Meeting
1004 Bush Avenue - laying over to the June 23, 2003, Legislative Hearing and the July 2, 2003, City
Council Meeting
104 Larpenteur Avenue West - spreading the assessment over a five -year period
1070 Margaret Street - approval of the assessment
775 Maryland Avenue East - approval of the assessment)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
42. Public hearing in the matter of the assessment of benefits, cost and expenses for summary abatement
(property clean -up) for part of January 2003 to part of March, 2003 for property located at 1523 Iglehart
Avenue (J0302A). (Legislative Hearing Officer recommends approval of the assessment) (Laid over
from May 28)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing, suspension
of the rules, and approval of the following resolution:
Resolution Ratifying Assessment - 03 -557 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) for part of January 2003 to part of March, 2003 for
property located at 1523 Iglehart Avenue (J0302A).
Adopted Yeas - 7 Nays - 0
43. Public hearing in the matter of the assessment of benefits, cost and expenses for sidewalk
reconstruction for both sides of West Winifred Street from Ohio Street to Charlton Street (502107) and
the north side of East Third Street from Maria Avenue to Bates Avenue (502129). (Laid over from May
28)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing, suspension of
the rules, and approval of the following resolution:
Resolution Ratifying Assessment - 03 -558 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction for both sides of West Winifred Street from Ohio Street to
Charlton Street (502107) and the north side of East Third Street from Maria Avenue to Bates Avenue
(502129).
Adopted Yeas - 7 Nays - 0
(Benanav left)
44. Public hearing to consider the petition of Robert McCollough to vacate the City's interest in portions
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 13 of 18
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.
Peter White, Real Estate Division, appeared and reported that this is an area on the lower West Side by
the downtown airport where there are a number of city streets that are not used and the adjacent property
owner wants to consolidate his property with his business. There were no objections to the vacation by
any city departments or utilities.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing, suspension
of the rules and approval of the following resolution:
Resolution -03 -559 - Considering 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.
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
(Benanav returned)
45. Public hearing 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.
(Resolution will be introduced under suspension.)
Peter White, Real Estate Division, stated that this matter involves vacation of unused street right -of -way
in the lower eastern corner of the city by Point Douglas Road. The streets are unimproved and there is a
proposal for improvements. Mr. White showed the area on a map and explained what will be done.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing, suspension of
the rules and approval of the following resolution:
Resolution - 03 -560 - Considering 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.
Adopted Yeas - 7 Nays - 0
46. Final Order In Condemnation Proceedings - 03 -544 - In the matter of acquiring a permanent
easement for right of way purposes and a temporary construction easement to improve Fillmore Avenue
from Wabasha Street to Livingston Avenue. (File No. AE2002 -10)
A representative of Union Pacific Railroad appeared. He said they would like to see this move from a
condemnation to an agreement with the railroad to not proceed further with condemnation.
Paul St. Martin, Department of Public Works, noted that Items 46, 50 and 51 are all related. He showed
a drawing from the West Side Master Plan which was approved by the City Council. The Housing and
Redevelopment Authority and the developer entered into a development agreement which calls for
Fillmore Street to be improved between Livingston and Wabasha Streets. He pointed out the area in
question saying it is part of the US Bank development and explained what will be done as part of the
project. Fillmore Street will be widened by 10 feet on the south side and Public Works is proposing to
acquire a 10 -foot strip of right -of -way for the widening of Fillmore, reconstructing the street with new
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 14 of 18
lights, trees, sidewalk, etc. The railroad crossing will have new concrete surfacing, signal arms, and at-
grade crossing, and a new traffic signal will be put in at the intersection of Wabasha and Fillmore. The
estimated cost of the project is $920,000. There is a request in the 2004 -2005 CIB process and they are
also proposing an assessment. Fillmore is a MSA Street and the City Council approved a policy within
the last year that calls for assessing MSA streets at the residential street paving rate. An assessment on
this project is being proposed in the amount of $33.35 per accessible foot to help fund the project.
Micky Nassaff, representing his father, appeared. They own the property on the southeast corner of
Fillmore and Wabasha Streets (The Wabasha Deli and Joseph's Bar). The Master Plan indicates that
there will be removal of the railroad. He questioned the assessment which is indicated as being from
Livingston to Wabasha Street and whether only the property owners in that area will be assessed. Paul
St. Martin responded that the project is for the improvement of Fillmore between Livingston and
Wabasha so they are proposing to assess the abutting property owners. Mr. Nassaff said the project will
mainly benefit US Bank who will not be assessed, there will be no benefit to the Nassaff s property, and
they do not feel they should be assessed.
Mr. Nassaff asked that the Council review the Master Plan about the removal of the railroad. To upgrade
Fillmore is going to plug up Plato Boulevard just the same as it is now, he said.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman said his office received calls from the Llewellyn Publishing Company and
they also had concerns.
Councilmember Coleman moved to lay over three weeks in order to look into the concerns further and
see what options are available.
Laid over to June 18 Yeas - 7 Nays - 0
47. Final Order - 03 -545 - In the matter of the construction of a water main and service connections in
Stinchfield Street from Point Douglas Road to Burg Avenue. (File No. 18982A)
Councilmember Lantry stated this project is an extension of the Carver -South Point Douglas sewer and
water project. When the Council held a public hearing on that project it was agreed to see if there was a
cost benefit to adding this other section to bring down the costs which it did.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
48. Final Order 03 -546 - In the matter of construction of a sanitary sewer /service connections and a
water main /service connections in Winthrop Street from Springside Drive to Hadley Street and in
Hadley Street from Winthrop Street to approximately 200 feet east of Winthrop Street. (File No. 18985
and 18985W)
Joe Mueller, Department of Public Works, Sewer Division, presented a staff report. This project is the
result of a petition by some of the property owners for sanitary sewer and water. There are six affected
properties; five have homes on them and one is an undeveloped parcel. Four of the property owners
initially petitioned for sewer and water. A letter was sent to each of the property owners describing what
the project would entail, what type of work was proposed, as well as a summary of what the costs would
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 15 of 18
be not only through assessments but with the private cost to hook up the sewer and water. A postcard
survey was done and two were returned. One person who did not sign the original petition indicated she
was not in favor and one of the original petitioners responded he was in favor of public sewer but no
longer in favor of public water.
Appearing in support of the project was Colleen Schoenheider, 2172 Hadley Street S, coordinator of the
petition. She reported that the person who owns the vacant lot signed the petition.
Appearing in opposition was John Haldeman who said he was opposed for financial reasons as well
disruption of the neighborhood.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry noted that there are four property owners out of six who signed the petition.
However, this was a petition for both water and sewer and a deferred assessment is not normally done
for water which means the sewer assessment can be deferred but people will have to hook up to water
and they have no options.
Councilmember Lantry moved approval of a substitute resolution which indicates that property owners
who wish to defer their assessments on sewer and water do not have to pay until the time that they hook
up.
Councilmember Harris said he would not support the motion as he does not believe in the deferred
assessment policy as he feels it creates a city subsidy over a period of time if people do not hook up for
an extended time.
Substitute introduced and adopted Yeas - 5 Nays - 2 (Coleman, Harris)
49. Final Order - 03 -547 - In the matter of the construction of a twin lantern street lighting system on the
northwest side of East 7th Street from approximately 104 feet northeast of Beech Street to Minnehaha
Avenue and the southeast of East 7th Street from Beech Street to Mendota Street/Minnehaha Avenue
and on East 7th Street from Payne Avenue to approximately 260 feet northeast of Payne Avenue. (File
Nos. 18987 and 18988)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
50. Final Order - 03 -548 - In the matter of improving Fillmore Avenue from Wabasha Street to
Livingston Avenue by constructing a new bituminous surfaced street with concrete curb and gutter,
concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style
lighting system and a signalized at -grade railroad crossing. (File No. 18983)
Councilmember Coleman moved to lay over three weeks. (See Item 46)
Laid over to June 18 Yeas - 7 Nays - 0
51. Final Order - 03 -549 - In the matter of the construction of sidewalk repair and /or the repair of
sanitary sewer, storm sewer and /or water service connections in conjunction with the Fillmore Street
Paving and Lighting project. (File No. 18983C)
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 16 of 18
Councilmember Coleman moved to lay over three weeks. (See Item 46)
Laid over to June 18 Yeas - 7 Nays - 0
52. Final Order - 03 -550 - In the matter of improving Como Place from Como Avenue to Jessamine
Avenue and from Como Place to Como Avenue by constructing a new bituminous surfaced street with
concrete curb and gutter, concrete driveway aprons and outwalks boulevard sodding, tree planting,
construction of a lantern style lighting system. (File No. 18990)
Larry Leuth, Department of Public Works Street Design, said the impetus for this project is federal
regulations that are being enforced regarding blowing of whistles at railroad crossings. These regulations
were to have been implemented in March 2003, that has not occurred and MnDOT has indicated they
might be implemented at the end of the year. Any high speed crossing that does not have a four gate
system will be required to have one. MnDOT has prioritized various crossings in the state one of which
is the Como Avenue crossing southeast of Como Lake. Three hundred eighty thousand dollars ($38,000)
has been allocated to upgrade this crossing. Contingent on them granting the City the $380,000 is the
City closing the Como Place crossing which is only 200 ft. from the other crossing.
This proposal was presented to the District Council Land Use Committee in September of `02. The
people who use the Como Place crossing are against closing the crossing. However, the grant will be
accepted from MnDOT so the crossing will be closed. Also, the City has to participate in the cost of this
improvement and MnDOT has said that the City's 10% contribution can be for the paving of Como
Place. Some RSVP street paving funds will be used for that. Sidewalks will be constructed along the
north and south side of the tracks for pedestrian traffic.
Joe Vance, owner of properties in the Como Place area, appeared and said he was in favor of closing the
tracks and he would like to see a higher density type of facility there. Mr. Leuth responded that Public
Works can coordinate implementation of sewer services, water services, etc.
Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
53. Final Order - 03 -551 - In the matter of the construction of sidewalk repair and /or the repair of
sanitary sewer, storm sewer and /or water service connections in conjunction with the Como
Place /Jessamine Street Paving and Lighting project. (File No. 18990C)
Councilmember Reiter moved to close the public hearing and approval. (See discussion under item 52)
Adopted Yeas - 7 Nays - 0
54. Public hearing 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.
Joel Spoonheim, Department of Planning and Economic Development, appeared. He said this is a
simple plat request and the Council previously approved this project which involves almost 500 units of
housing near Franklin Avenue and Hwy. 280. It is a technicality to help facilitate the ownership of the
property. Staff recommended the plat be approved.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 17 of 18
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Motion of Intent - Application granted Yeas - 7 Nays - 0
55. Public hearing 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).
Larry Soderholm, Department of Planning and Economic Development, presented a staff report saying
this matter involves a billboard along I -94 and Pascal Avenue. The sign company owns the roof top
billboard on top of a small business establishment. It was built with building permits as a legal non-
conforming sign. The face of the sign, he thought, is owned by Anheuser -Bush. It was a neon sign at one
time with holes for the neon tubes to go through. Now they have a back -lit plastic face sign illuminated.
Since the whole face was the beer company's, they replaced it with their new type of advertising. The
sign face replacement was reviewed and a building permit issued by the Office of LIEP before the City
Council made its decision that sign face replacement constituted renovation and was not allowed in
special sign districts. The permit was issued in January and the work was done in January. In early
February the City Council decided that sign face replacement was not permitted under the provisions of
the city -wide sign ordinance and the special sign district. The Planning Commission denied the appeal
by the Snelling- Hamline Community Council and they then appealed to the Council.
Travis Synder, President of the Snelling- Hamline Community Council, appeared. He said their Board of
Directors voted unanimously to make this appeal. The issue is whether the sign face panels which were
removed and replaced with an entirely new sign face structure was a structural renovation of the
billboard. It is their position that it is a renovation and structural change and would not be allowed under
the special sign district. In reading the Planning Commission's position, it appears to be that if the
permit were applied for today, they would deny it based on the February 5, 2003, decision of the
Council for the billboard on University and Prior Avenues.
Marvin Liszt, attorney representing Clear Channel, appeared. He said the sign prior to the new ad
campaign was an approximate 18 x 48" sign which had extensions which were grandfathered in for
several years. Michaloeb changed its advertising campaign and the extensions came off as well as
everything else that went with the extensions. The panels were removed and the new fixture with neon
as put in.
The Planning Commission's decision was unanimous in this case, Mr. Liszt noted. He cited paragraph 9
of the Planning Commission's April 11 resolution indicating that the terms of the billboard permit have
been met and so far as staff can see, no structural work or alterations apart from the replacement of the
sign face were done.
Councilmember Benanav moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Benanav moved to lay over one week in order to look into this issue further.
Laid over to June 11 Yeas - 7 Nays - 0
(Benanav left the meeting)
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010
Page 18 of 18
56. Public hearing 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.
Joel Spoonheim, Department of Planning and Economic Development, present for Allen Lovejoy,
presented a staff report. This is an application for rezoning for a project that is well underway. The
Planning Commission recommended approval of the rezoning which is a more appropriate zone for this
area and for this development.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 6 Nays - 0 (Benanav not present for vote)
Councilmember Harris moved to lay over one week in order to resolve some outstanding issues.
Laid over to June 11 Yeas - 6 Nays - 0 (Benanav not present for vote)
Councilmember Blakey moved to adjourn the meeting. Yeas - 7 Nays - 0.
ADJOURNED AT 7:10 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson August 6, 2003
Assistant Council Secretary
mce
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161659\Approved ... 12/15/2010