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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. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 2 of 12 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: file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 3 of 12 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 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 4 of 12 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 5 of 12 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) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 6 of 12 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 fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 7 of 12 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 8 of 12 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) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 9 of 12 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 10 of 12 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 Page 11 of 12 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_163116\Approved ... 12/15/2010 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 fileJ /C:ADOCUME- 1\LFSUPP- 1\LOCALS -1\ Temp \ELF20101215_163116\Approved ... 12/15/2010