Approved Minutes 9-24-2003Page 1 of 12
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 24, 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
• For Discussion
• Ordinances
• Public Hearings
The meeting was called to order at 3:34 p.m. by Council President Bostrom
Present - 5 - Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 2 - Blakey (excused), Benanav (arrived after Roll Call)
CONSENT AGENDA (Items 1 - 21)
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 Coleman requested Item 14 be removed for discussion.
Councilmember Harris requested Items 15 and 21 be removed for discussion.
Councilmember Lantry moved the consent agenda as amended.
Adopted Yeas - 6 Nays - 0
Barb Benson read the following communications into the record:
Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on October 1, 2003, to consider the application of Stonebridge Development and
Acquisition LLC for a combined plat to create four lots for new residential development at Davern St.,
Norfolk Ave.. W. 7th St.. and Munster Ave.
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Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on October 1, 2003, to consider the application of Twin Cities Habitat for Humanity for
a combined plat to create ten (10) residential lots and two (2) outlots on the Northwest corner of
Mississippi Street and Hyacinth Avenue.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of James Egan, Kuehn Excavating, Tammy Hatter (Manager for Georgetown Park), John F.
Krebsbach Jr. (for Sel -Dale Laundromat), Kathleen Marlowe, Padden & Associates (for Greg Rogers
and Renee McKinney), Barbara Sarapas, and Michelle and Maurice Windham.
Referred to Risk Management
2. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
Wednesday, October 1, 2003, concerning the report of the Administrative Law Judge regarding the Malt
Off -Sale License Application submitted by Chanh Yang d /b /a Super Convenience Store, 922 Thomas
Avenue.
3. Letter from the Office of the City Attorney announcing a continued hearing before an Administrative
Law Judge for October 13, 2003, at 9:30 a.m., in Room 41, Saint Paul City Hall, 15 W. Kellogg
Boulevard, concerning the Taxicab Vehicle Licenses held by American Taxicab Service Corporation,
d/b /a Americab.
4. Letter from the Office of the City Attorney announcing a continued hearing before an Administrative
Law Judge for Thursday, October 23, 2003, 9:30 a.m., in Room 220 of the Saint Paul City Hall, 15 W.
Kellogg Boulevard, concerning the License Application submitted by Mai Yia Lee d /b /a Samosone
Restaurant for the premises located at 1177 Clarence Street in Saint Paul.
5. Letters from the Office of the City Attorney recommending revocation of provisional taxicab driver's
licenses based upon failure to enroll in and /or successfully complete a taxicab driver training course for
Osama Abdalla, Ahmed Ahmed, Said Ahmed, Abdirahman Aideed, Sheikh -Nur Barake, Joseph Boeltl,
Vasilios Daravingas, James Dupre, Warsame Elmi, Craig Empey, William Gunlogson, John
Hammerschmidt, Abdirahman Hassan, Paul Holmes, Richard McGuire, Samatar Mohamed, Nasir Nur,
Dennis Rector, Farah Sirad, Tommy Spann, George Toby, and David Ziegler.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing date before the City Council of Wednesday, October 1, 2003, to consider the appeal of Phil
Gerlach and Ted Peller, to a decision of the Board of Zoning Appeals approving a height variance in
order to build an addition to the rear of the existing house at 2012 Iglehart Avenue.
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing date before the City Council of Wednesday, October 1, 2003, to consider the appeal of Robert
Clapp, River Run Properties, to a decision of the Board of Zoning Appeals denying three variances in
order to split property and create a new and buildable lot at 1016 McLean Avenue.
8. Letter from the Saint Paul Police Department announcing a public hearing before the City Council on
October 22, 2003, to consider the 2003 Proposal for Collaborative Use of the 2003 Local Law
Enforcement Block Grant.
9. Administrative Orders:
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D002328 Authorizing an in -house training session combined with the annual staff recognition event
funded by The Friends of the Library, the Perrie Jones Library Fund.
D002329 Amending the 2003 Budget of the Information Services - General Fund as a result of an
unexpected vacancy.
Noted as on file in the City Clerk's Office
FOR ACTION
10. Approval of minutes for September 10 and 17, 2003.
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -849 - Authorizing the Police Department to enter into an agreement with
Independent School District 4625 to continue to provide the School Resource Officer to students in the
City of Saint Paul from July 1, 2003 through December 31, 2003.
Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -850 - Accepting a donation from Lifetime Fitness of used and discarded exercise
equipment to the Police Department, valued up to $20,000.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -851 - Accepting a donation of materials and labor from the neighborhood to create
the Community Gate Sculpture at the North High Bridge Park.
Adopted Yeas - 6 Nays - 0
14. (Discussed after the consent agenda)
15. (Discussed after the consent agenda)
16. Resolution - 03 -854 - Accepting ownership of six computers, a printer and related items purchased
for use as a computer lab at the Martin Luther King Center in Saint Paul with grant money donated by
3M.
Adopted Yeas - 6 Nays - 0
17. Resolution - 03 -855 - Authorizing the City of Saint Paul to transfer ownership of a mural to Hallie
Q. Brown for display in the Martin Luther King Recreation Center.
AdoptedYeas - 6Nays - 0
18. Resolution - 03 -856 - Approving the September 9, 2003, decisions of the Legislative Hearing
Officer on appeals of Letters of Deficiency, Correction Notices, and Correction Orders for the following
addresses: 565 Kent Street and 345 Wabasha Street North.
Adopted Yeas - 6 Nays - 0
19. Resolution - 03 -857 - Releasing slope easements along Norfolk Avenue, Davern Street and Munster
Avenue.
Adopted Yeas - 6 Nays - 0
20. Resolution 03 -858 - Amending the 2003 Budget to include a donation of $7,000 from the Captiol
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Region Watershed District (CRWD) and authorizing the Mayor and property City officials to enter into
a cooperative agreement regarding the donation.
Adopted Yeas - 6 Nays - 0
21. Resolution - 03 -859 - Authorizing the use of funds in the Traffic, Signal and Lighting Maintenance
fund (240) to be used to offset the purchase of new air conditioners for the Public Works Traffic
Operations building.
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -852 - Amending C.F 03 -783 and granting 180 days for the rehabilitation of the
nuisance property at 487 Bay Street.
Councilmember Coleman made a motion to amend the resolution to 90 days, from 180 days, and to
check if progress has been made.
Adopted as amended (90 days granted for rehabilitation)
Yeas - 6 Nays -0
15. Resolution - 03 -853 - Amending C.F. 02 -197 which allows a City PERA contribution for the
Executive Assistant to the Mayor to be paid into the City's Deferred Compensation Plan and /or the
City's Post Employment health plan and also to extend to all employees not eligible to pay into PERA.
Upon question of Councilmember Harris, Ron Guilfoile, Risk Management, stated that the normal City
contribution has been paid into PERA into a deferred compensation plan for individuals not eligible to
participate in PERA. This resolution allows what the city's normal, budgeted contribution into PERA
would be to go either into a deferred compensation plan or a post - employment health plan, which was
just started in the City a couple of months ago. Those typically not eligible to pay into PERA would be
individuals currently receiving a pension from PERA or those who are not U.S. citizens.
Councilmember Benanav questioned whom this resolution referred to. Mr. Guilfoile responded that this
resolution refers to the Deputy Mayor and the Director of Libraries. Mr. Guilfoile further explained that
the funds had been being paid into deferred compensation. With rising costs of health care, the City has
adopted a post - employment health plan. It is similar to a deferred compensation account. Money can be
taken out of it on a tax -free basis if it is used for allowable health care expenditures. Mr. Guilfoile stated
there were no increased costs to the City by this resolution, it simply allows the individual to indicate
where they would like the money to go.
Upon question of Councilmember Harris, Mr. Guilfoile stated that for those employees not eligible to
contribute to PERA, that City contribution, per previous resolution, is going into a deferred
compensation account. This gives the individual the option of putting the money into either plan.
Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0
21. Resolution - 03 -859 - Authorizing the use of funds in the Traffic, Signal and Lighting Maintenance
fund (240) to be used to offset the purchase of new air conditioners for the Public Works Traffic
Operations building.
Councilmember Harris questioned the use of this money for air conditioning in this building, and this
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should normally be done under capital maintenance, through the CIB process. John Maczko, Public
Works, stated this was applied for under the CIB Budget, but were not approved. When they were not
approved, Public Works became aware of a program offered by Xcel Energy that would provide 25
percent of the funding for the replacement of the equipment, as it was inefficient. This would provide a
benefit of about 30 percent return on the power costs during the year. Public Works received an
unexpected reimbursement of approximately $25,000 from a class action lawsuit on the re- roofing that
was done on the building earlier. Considering these factors, staff felt it would be a good expenditure to
reinvest into the building.
Councilmember Harris questioned how the roof was financed? Mr. Maczko responded that the roof was
paid for through capital maintenance funds in 1992 or 1993.
Councilmember Benanav moved approval.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
22. Resolution - 03 -242 - Approving the appointments, by Mayor Kelly, of Anthony Coletta and Dan
Scott, and the reappointments of Matt Anfang, Carole Murphy Faricy, Richard Kramer, and Christine
Zimmer Lonetti to the Planning Commission. (Laid over from March 26) (A report was requested from
the Administration pertaining to term limits for Planning Commission appointments and geographic
diversity. Also, an opinion was requested from the City Attorney on this issue.)
Councilmember Coleman stated that a memo from Peter Warner, City Attorney's Office, had just been
received by the City Council prior to this meeting, and the Council has not had the opportunity to review
it. Councilmember Benanav requested that staff also give the Council a report on how Planning
Commission members are distributed throughout the City.
Councilmember Coleman moved layover for two weeks.
Laid over to October 8 Yeas - 6 Nays - 0
23. Resolution - 03 -763 - Approving the appointments, by Mayor Kelly, of Tim Fuller and Richard
Nicholson, and the reappointments of Susan Bartlett Foote, Gar Hargens, and Lee Meyer to the Heritage
Preservation Commission.
(Laid over from September 24)
Councilmember Lantry suggested an amendment to the resolution to remove lines 6 through 11, so this
resolution would reappoint the three existing Heritage Preservation Commission members.
Councilmember Lantry stated that there had been much discussion regarding geographic distribution of
city committee members. The new appointments to the commission should be looked at to ensure
diversity in geography and talents on this commission.
Upon question of Councilmember Coleman, Gerry Hendrickson, City Attorney's Office, stated that this
resolution was proposed to be amended by deleting language that dealt with the new appointments only.
If that amendment is approved, the resolution would approve the reappointments only. The others would
not be approved and would have to be brought back through a new Council resolution.
Councilmember Lantry moved approval as amended.
Adopted as amended Yeas - 5 Nays - 1 (Reiter)
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24. Report from John Maczko, Department of Public Works, on the projects that may be eliminated or
postponed due to using $350,000 of MSA funds for the Environmental Impact Statement for Ayd Mill
Road and also identify the financing plan for the 2003 paving overlay. (Report requested by Council on
September 3; C.F. 03 -806; laid over from September 17)
A report was presented by John Maczko, Department of the Public Works Department.
25. Resolution - 03 -675 - Memorializing City Council action taken January 8, 2003, upholding a
decision of the TISH Board concerning adverse action against the TISH license held by Ronald Staeheli.
(Laid over from August 6; recalled and laid over September 17)
Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0
26. Final action on the Proposed Settlement regarding Gopher State Ethanol. (Laid over from September
17)
See Suspension Item C. F. 03 -846
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.
None.
Councilmember Coleman was excused from the meeting at this time.
PUBLIC HEARINGS
27. Third Reading - 03 -832 - An ordinance amending interim ordinance Council File 01 -648, adopted
November 20, 2000, which imposed a moratorium on the use of property in the area presently under
study for the Arcade Street Area Study pending completion of the study and any possible amendments
to the City's Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
(Dollar Tree Store).
Councilmember Benanav questioned the timeline for this ordinance. Council President Bostrom replied
that the original moratorium went into effect in November, 2000 and stated that the suspension item at
today's meeting would clarify language for this moratorium.
Councilmember Lantry moved to close the public hearing. Yeas - 5 Nays - 0
Laid over to October 1, 2003 for final adoption
28. Resolution 03 -860 - Approving the application of Daniel Burns, homeowner at 230 Mississippi
River Blvd., for a sound level variance to allow amplified music played by a disc jockey under a tent
during a wedding reception on September 27 -28 from 8:30 p.m. to 12:00 midnight.
Councilmember Benanav moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
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29. Resolution - 03 -861 - Approving the petition of the Housing and Redevelopment Authority to vacate
part of Blocks 10 and 11, Holmcroft Addition to facilitate residential and commercial development for
the Gateway Village Project.
Peter White, Real Estate Division, showed the proposed area to be vacated by this resolution. Most of
the area was deeded from the State/MnDOT to the City of Saint Paul. This area will be a part of the new
Gateway Development. The next step in this process is for the City to vacate its interest in this property,
which is the purpose for the resolution. There have been no objections to this vacation.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
30. Resolution - 03 -862 - Approving the petition of Darcy and Ann Tinnes to vacate part of the alley in
Block 21, Lane's Highland Park, to facilitate construction of a garage.
Mr. White showed a map with the proposed vacation. This is an unimproved alley lying between
Saunders and Beechwood Avenues, and to the west of Davern Street. There was a petition of the
property owner to vacate the alley, and no objections have been received.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
31. Resolution - 03 -863 - Amending the Tax Increment Financing Plan and expansion of the Tax
Increment Financing District No. 1 (North Quadrant) to include the properties located at 215 East Ninth
Street and 230 East Tenth Street to allow tax increments generated from both projects to be used to
assist in the financing of the Lyon's Court Project.
Dan Smith, Department of Planning and Economic Development, stated that this resolution would
extend the North Quadrant's Tax Increment Financing district in order to use the TIF generated to
construct the Lyon's Court senior housing project. The Lyon's Court project is being done in
conjunction with First Baptist Church. The TIF revenues from the Ninth Street Loft project would be
used to finance redevelopment costs, including underground parking and to write down rents for seniors.
This action also requires HRA action, and the Council needs to reconvene as the HRAas well.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
Commissioner Lantry made a motion to recess the City Council, reconvene the HRA, and approve Item
44 of the HRA. AdoptedYeas - 5 Nays - 0
Councilmember Lantry made a motion to adjourn the HRA and reconvene the City
Council.AdoptedYeas - 5Nays - 0
32. Appeal of Innocent Mbah to a Notice of Condemnation for property at 330 Cottage Avenue West
4G2. (Legislative Hearing Officer recommends granting the appeal and lifting the condemnation)
Marcia Moermond, Legislative Hearing Officer, stated that the unit of the apartment building was
condemned on a suspicion of over - occupancy. It is a 2- bedroom apartment, and there are five occupants,
all of whom are listed on the lease. However, in one of the bedrooms, there were two queen sized
mattresses, which led the inspector to assume that the room had the capacity to sleep four people. There
were no complaints of over - occupancy by the neighbors, and no other information to suggest that this
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unit was over occupied. At the Legislative Hearing, the attorney representing the tenants indicated that
there were no more than five people in this unit. Ms. Moermond recommended granting the appeal.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and grant the
appeal.
Appeal granted Yeas - 5 Nays - 0
33. Final Order - 03 -791 - In the matter of new sidewalk construction on the east side of Aldine Street
from Marshall Avenue to Iglehart Avenue. (File No. 503004) (Laid over from September 3)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
34. Final Order - 03 -864 - In the matter of the operating costs for the Above Standard Street Lighting
Systems for 2004 for projects in Wards 1, 2, 3, 4, and 7.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.Yeas - 5Nays -
0
Upon question of Councilmember Harris, Mr. White stated that this was the final order to approve the
work that would be completed next year. There would not be a problem laying this over two weeks.
Councilmember Harris moved a two week layover.
Laid over to October 8 Yeas - 5 Nays - 0
35. Final Order - 03 -865 - In the matter of the operating costs for the Above Standard Street Lighting
Systems (3 & 5 globe) for 2004 for the west side of Wacouta Street from East 7th Street to East 8th
Street; the south side of East 8th Street from Wacouta Street to Temperance Street; the north side of
Temperance Street from East 8th Street to East 9th Street; the south side of East 9th Street from Sibley
Street to Temperance Street; and the west side of Sibley Street from East 8th Street to East 9th Street to
become part of the Lowertown Area. (File No. 18993)
Patti Guden, a condominium owner at Essex on the Park, stated that there had been a lot of uncertainty
as to how these assessments have been calculated. There was an association meeting yesterday evening
and there needs to be clarification for the owners.
Mr. White stated that these assessments were calculated by looking at the total costs for the entire
project, then dividing it by the number of frontage foot. There is a difference between residential and
commercial property. For condominiums, the rate per foot has the number of units divided into the total
assessment. Mr. White offered to go over the assessment with Ms. Guden.
Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
36. Final Order - 03 -866 - In the matter of the operating costs for the Above Standard Street lighting
Systems (twin acorn) for 2004 for both sides of East 7th Street from Wacouta Street to Temperance
Street; north side of East 7th Street from Temperance Street to approximately 60 feet west of
Temperance Street, and the south side of East 7th Street from Temperance Street to Jackson Street to
become part of the new Downtown Acorn Area. (File No. 18994)
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Mr. White stated that this is also part of the North Quadrant Area. There are two different styles of
lighting in this area, and this order is for acorn style lights, found along Seventh Street. There are
differences in maintenance costs for the two lighting styles, which is why they are on the agenda as
separate orders.
Gail Peterson, 5741 Heather Ridge Drive, stated she owned the Walsh Building for over 20 years, which
is located in this area. The lighting design is to be the entrance to the Lowertown residential area. The
design was never proposed to the land owners that have been there and have maintained their properties.
This design has eliminated four parking places for her business. Ms. Peterson stated this has had
consequences on her ability to lease the building. She stated she also does not appreciate that this issue
was never brought to her attention.
Councilmember Benanav moved to close the public hearing. Yeas - 5 Nays - 0
Councilmember Benanav questioned the public notice requirements for notice of this lighting
system /sidewalk. Mr. White responded that it is policy to notify property owners of projects going on in
the area. A lot of her testimony centered on the repaving of Seventh Street. Typically, there is an
assessment for the capital costs when something like this happens. In this case, there wasn't a public
hearing to talk about the changes as there was no assessment associated with the project.
Councilmember Lantry stated that the streets, sidewalks and lighting had been improved, but only the
lighting was assessed to property owners. There are concerns regarding notification that need to be
addressed, but there needs to be a balance. Councilmember Lantry suggested that this item be laid over
until Councilmember Coleman could be present.
Ms. Peterson explained her objection is not paying for the lighting, but that her sidewalk was enlarged
so that two parking places were removed.
Councilmember Lantry moved a two -week layover.
Laid over to October 8 Yeas - 5 Nays - 0
37. Final Order in Condemnation Proceedings - 03 -867 - In the matter of acquiring permanent easements
for right -of -way purposes and temporary construction easements for the construction of Phalen
Boulevard between Arcade Street and Johnson Parkway. (File No. AE2003 -7)
Paul St. Martin, Department of Public Works, stated that they are currently working towards the
construction of Phalen Boulevard between Payne Avenue and Arcade Street. The City is proposing to
acquire property from adjoining property owners in this area. The first property that falls into this
category is Seeger Square. This would be conveyed to the Rail Authority for a future rail corridor. This
will not affect the shopping center at Arcade Street, but will affect land at railroad grade.
Another affected property is Versa Companies, which is west of Forest Street. This would also be
required for a future rail corridor and would involve demolishing and remodeling a corner of their
building. Versa has been informed of this as well. Both Versa and Seeger Square are interesting in
getting direct access to Phalen Boulevard as well.
The next section involved 3M and some fuel tanks located off Forest Street. The proposed acquisition
will have acquisition of some 3M property. Two meetings have been held with 3M and although there
will me numerous issues to work out, the discussions are moving forward. The next major property
affected will be Budget Towing. As part of the Phalen EIS, Frank Street will be extended to connect into
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Phalen Boulevard. The City is proposing a complete acquisition of this property. Meetings have been
held with Budget Towing and their concerns will be addressed as this process ensues. There will be a
few temporary slope easements acquired along Frank and York Streets. Regrading of the street would be
done on private property, the land would revert back to the private property owners. Mr. St. Martin went
on to describe other properties where minor acquisitions would take place, including near the Ramsey
County compost site, Ray Anderson and Sons transfer station, and near the Duluth /Case playground.
Mr. St. Martin stated that the City will continue to work with property owners on any area of concern.
The goal of this project is to have all right -of -way issues taken care of by August 2004 to help seek
additional state and federal funding sources for Phalen Boulevard. Construction is anticipated for late
2004 and 2005.
Upon question of Councilmember Reiter, Mr. St. Martin stated that the construction portion of Phalen is
not fully funded, so state and federal sources are being pursued. If that funding is secured, construction
will take place in 2004 and 2005. Councilmember Reiter stated that many property owners are
concerned with the quick take process. If nothing will happen until 2005, we could do this but also let
the property owners know about extending their time at their current locations. Mr. St. Martin stated that
arrangements could be worked out, and they are willing to work with the property owners.
Councilmember Lantry stated she shared concerns with timing of this issue as well. She also questioned
whether Ramsey County had plans for a regional rail line in the area? Mr. St. Martin responded that this
was a designated corridor for Regional Rail. If the funding were acquired, it could be put in quite easily.
Kong Seong stated he was a property owner at York and Frank Streets. He stated that these decisions
will affect his property values. He stated that the construction would create a hardship for him and may
drive his tenants away.
Roy Carlson, owner of Budget Towing, stated that he felt it was inevitable that this project would go
through. However, the Council should consider the businesses involved when considering a date by
which the property would be taken. Mr. Carlson stated his business was rated first in the country with
his size towing company. This will not be an easy or quick move. August 2004 should be a minimum
date by which the parcel would need to be vacated.
Councilmember Lantry moved to close the public hearing. Yeas - 5 Nays - 0
Councilmember Lantry questioned the situation with Budget Towing and their request for an August
timeline at the earliest. Mr. St. Martin responded that a lot depended upon when the federal dollars were
available for this project. The typical acquisition process can be burdensome, but he indicated that the
City would be willing to try to work with the business owner.
Councilmember Lantry stated if no federal funding were available until next year, the property owners
could remain in their properties. Mr. St. Martin stated that these issues were difficult to answer but that
all concerns of property owners have been heard and understood by staff. They will be in their properties
until June 1, 2004 for certain, and possibly beyond, depending upon funding. Council President Bostrom
stated he would assist to see that it would work out for the best for all involved.
Councilmember Lantry moved approval. Yeas - 5 Nays - 0
38. Resolution Ratifying Assessment - 03 -868 - In the matter of the assessment of benefits, cost and
expenses for the operation of Above Standard Street Lighting Systems in Wards 1, 2, 3, 4 and 7 for the
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months of January through December, 2003.
Councilmember Harris moved approval as amended, to remove the Ford - Cleveland Area Above
Standard Street Lighting System from the resolution.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.Yeas - 5Nays -
0
Councilmember Harris moved approval with the removal of the Ford /Cleveland system.
Adopted as amended Yeas - 5 Nays - 0
Councilmember Harris moved layover to October 8 for File 418390 (Ford - Cleveland Area Above
Standard Street Lighting System).
Laid over to October 8 Yeas - 5 Nays - 0
Suspension Items
The City Council honored Assistant Fire Chief Alan G. Bataglia, Department of Fire and Safety
Services, upon his upcoming retirement and thanked him for 31 years of service.
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -846 - Approving the proposed Stipulation and Order recommended by the City Attorney
related to Litigation against Gopher State Ethanol, LLC.
Councilmember Coleman stated a resolution had been distributed to the City Council. There was a
community meeting recently on this issue that was attended by approximately 50 people that were very
concerned about the status of Gopher State and are still suffering from the problems associated with the
ethanol plant. There were a couple of comments made that the City has not done anything for the
residents. However, Eric Larson from the City Attorney's Office, has done an amazing job on this
matter. He tried a very good case and he has developed an expertise on odor, nuisance and ethanol that
is outstanding. The citizens should know that city staff has worked very hard on this case.
Councilmember Coleman stated that he has heard from the neighbors that they would rather have this
settlement in place than to face the uncertainty of having a judge rule, and not getting much out of the
settlement. Mr. Larson will continue to monitor this situation as well. There are no easy answers on this
problem and we have to respect the neighbors' wishes on this issue.
Councilmember Reiter stated that Councilmember Coleman and his staff, Nancy Homans and Barb
Benson, should be commended as well.
Upon question of Councilmember Benanav, Councilmember Coleman stated that the issue of sharing
information on complainants would be removed from the agreement. Councilmember Lantry stated that
there has been so much hard work on this issue. This is not a perfect settlement, but part of the job is to
be representative of people living so close to this nuisance in their neighborhood. Councilmember Harris
stated that Councilmember Coleman and his staff have always been a wonderful advocate for this
neighborhood and it should be known by the community.
Adopted Yeas - 6 Nays - 0
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Page 12 of 12
Resolution - 03 -869 - Clarifying and providing for extending the interim ordinance established in
Council Files 01 -646 and 01 -648, and as contemplated in Council File 02 -514, for the additional
eighteen month period permitted by Minn. Stat. 462.355, Subd. 4, under a separate ordinance and that
pending the adoption of that separate ordinance, the regulations governing the issuance or approval of
the zoning and building permits within the Arcade Street Study Area established in Council File 01 -648
shall remain in full force and effect.
Council President Bostrom stated this was to correct language in the Arcade Street moratorium as to the
starting and ending dates.
Councilmember Lantry moved suspension and approval.
Adopted Yeas - 5 Nays - 0
ADJOURNED AT 6:40 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson November 5, 2003
Assistant Council Secretary
chr
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