>> WELCOME TO THE REGULAR MEETING OF THE CLIMATE AND INFRASTRUCTURE COMMITTEE FOR JUNE 26, 2025. I'M EMILY KOSKI AND I WILL BE THE CHAIR OF THE COMMITTEE IN CHAIR CASHMAN'S ABSENCE. BEFORE WE CALL THE MEETING TO
ORDER, I WANT TO OFFER A FRIENDLY REMINDER TO ALL MEMBERS, STAFF, AND THE PUBLIC THAT THESE MEETINGS ARE BROADCAST LIVE TO ENABLE GREATER PUBLIC PARTICIPATION. THESE BROADCASTS INCLUDE REALTIME CAPTIONING AS A FURTHER METHOD TO INCREASE THE ACCESSIBILITY OF OUR PROCEEDINGS
TO THE COMMUNITY. THEREFORE ALL SPEAKERS NEED TO BE MINDFUL OF THE RATE OF THEIR SPEECH SO THAT OUR CAPTIONERS CAN FULLY CAPTURE AND TRANSCRIBE ALL COMMENTS FOR THE BROADCAST. WE ASK ALL SPEAKERS TO MODERATE THE SPEED AND CLARITY OF THEIR COMMENTS. THANK YOU.
AT THIS TIME I WILL ASK THE CLERK TO CALL THE ROLL SO WE CAN VERIFY THERE IS A QUORUM. >> COUNCIL MEMBER VETAW. >> PRESENT. >> OSMAN IS ABSENT. CHAVEZ. >> PRESENT. >> CHOWDHURY. >> PRESENT. >> CASHMAN IS ABSENT. CHAIR KOSKI. >> PRESENT.
>> THERE ARE FOUR MEMBERS PRESENT. >> LET THE RECORD REFLECT WE HAVE A QUORUM. WE WILL START WITH OUR CONSENT AGENDA WHICH IS ITEMS 3 THROUGH 14 ON THE AGENDA. NUMBER THREE IS SO MALI AMERICAN
DAY FEST. NUMBER FOUR IS THE RECONSTRUCTION FOR CEDAR LAKE ROAD BRIDGE OVER BNSF RAILROAD. ITEM FIVE IS ACCEPTING THE BRIDGE INVESTMENT PROGRAM GRANT FOR THE MINNEHAHA CREEK PROJECT.
ITEM SIX IS WITH THE PARK BOARD. ITEM NUMBER SEVEN IS RECEIVING AND FILING 2024 ANNUAL REPORTS AND YEAR END BUDGET PROCEDURES FOR SPECIAL SERVICE DISTRICTS. ITEM NUMBER EIGHT IS AUTHORIZING AN M.O.U. WITH HENNEPIN COUNTY
TO RECEIVE VEGETATION FOR MINNEAPOLIS PRODUCTION. ITEM NUMBER NINE IS AUTHORIZING A PIPELINE AGREEMENT WITH KANSAS CITY FOR PERMISSION TO INSTALL A STORM SEWER PIPELINE. ITEM TEN IS AUTHORIZING A PIPELINE AGREEMENT WITH CANADIAN
SPECIFIC KANSAS CITY FOR PIPELINE CROSSING RIGHT OF WAY. ITEM 11 IS SETTING A PUBLIC HEARING FOR AUGUST 14TH TO CONSIDER THE ASSESSMENT CHARGES FOR SIDEWALK REPAIR AND CONSTRUCTION THAT REMAIN UNPAID. ITEM 12 IS SETTING A PUBLIC HEARING FOR JULY 17TH TO CONSIDER AN ORDINANCE RELATED TO
THE WEST BROADWAY IMPROVEMENT SPECIAL SERVICE DISTRICT. ITEM 13 IS SETTING A PUBLIC HEARING ON JULY 17TH TO CONSIDER AN ORDINANCE RELATED TO SPECIAL SERVICE DISTRICTS ADVISORY BOARD COMPOSITION. IS THERE ANY DISCUSSION ON ITEMS NUMBER 3 THROUGH 13 OR ANY ITEMS
YOU WOULD LIKE TO PULL FOR FURTHER DISCUSSION? AND MEMBERS MY COMPUTER IS NOT WORKING SO IF WE CAN JUST USE YOUR HAND TODAY. ALL RIGHT, NOT SEEING ANY. I'LL MOVE APPROVAL OF THESE ITEMS. IS THERE ANY DISCUSSION?
ALL THOSE IN FAVOR SAY AYE? >> AYE. >> THOSE OPPOSED SAY NAY? ANY ABSTENTIONS? THE AYES HAVE IT AND THOSE ITEMS ARE APPROVED. NEXT UP WE WILL TAKE OUR PUBLIC HEARING ITEMS. FIRST UP IS PROJECT APPROVAL AND ADOPTING SPECIAL ASSESSMENTS FOR
THE FULTON RESIDENTIAL STREET RESURFACING PROJECT. HERE TO PRESENT ON THIS ITEM IS RYAN GOSELBEN FROM PUBLIC WORKS. AND MY APOLOGIES IF I DID NOT PRONOUNCE YOUR LAST NAME CORRECTLY. >> GOOD AFTERNOON, COMMITTEE
CHAIR AND MEMBERS OF THE CLIMATE & INFRASTRUCTURE COMMITTEE. I'M A PROFESSIONAL ENGINEER WITH PUBLIC WORKS HERE TO PRESENT YOU ON THE FULTON RESURFACING PROJECT AND RECOMMEND PASSAGE OF RESOLUTION ORDERING THE WORK TO RECEIVE AND ADOPT SPECIAL
ASSESSMENTS IN THE AMOUNT OF $902,348.95. AND PASSAGE OF RESOLUTION REQUESTING THE BOARD OF ESTIMATE AND TAXATION AUTHORIZE THE CITY'S ISSUANCE AND SALE OF ASSESSMENT BONDS IN THE AMOUNT OF $902,348.95 FOR THE PROJECT.
BOUNDED BY FRANCE AVENUE SOUTH TO XERXES AVENUE SOUTH AND 54th STREET WEST. IT EXCLUDES BEARD AVENUE SOUTH FROM 50TH STREET WEST TO 02nd
STREET WEST. ZENITH AVENUE SOUTH. YORK AVENUE SOUTH FROM 05th STREET WEST TO 51st STREET WEST. AND 51st STREET WEST TO YORK AVENUE SOUTH. THIS AREA WAS CONSTRUCTED IN 1969 AND HAS A PCI OF 36.
PUBLIC WORKS HOSTED A COMMUNITY MEETING ON TUESDAY, JUNE 17TH, 2025, AT THE PERSIAN RECREATION CENTER. 106 ATTENDEES CAME TO THIS MEETING. ON MAY 1, 2025, THE CITY COUNCIL DESIGNATED THE IMPROVEMENTS
PROPOSED TO THE 2025 FULTON STREET RESURFACING PROJECT. THE PURPOSE OF THE ASPHALT PAVEMENT RESURFACING PROJECT IS FOR SOME CITY STREETS NOT SCHEDULED FOR MAINTENANCE OR RECONSTRUCTION IN THE FORESEEABLE FUTURE.
THIS RESURFACING PROGRAM IS ADDRESSING CITY STREETS THAT ARE AT A POINT IN THEIR LIFE CYCLE WHERE A NEW SURFACE WILL IMPROVE THEIR LIFE, RIDE QUALITY, NEIGHBORHOOD LIVABILITY AND HELP SLOW THE OVERALL DETERIORATION OF OUR CITY STREET SYSTEM.
THE PROPOSED STREET RESURFACING SPECIAL ASSESSMENTS WERE DETERMINED BY APPLYING THE 2025 UNIFORM ASSESSMENT RATES TO THE PARCELS ALONG THE IMPROVED STREETS. THE U.A.R. IS USED REGARDLESS OF
SPECIFIC DESIGN FEATURES. INFORMATION HAS BEEN PROVIDED TO THE EFFECTED PROPERTY OWNERS AND NOTICES MAILED TO THEM ON HOW THEY MAY PREPAY ASSESSMENTS IN FULL WITHOUT INTEREST IF THEY SO CHOOSE. PUBLIC WORKS DID MAKE AN ERROR WITH THE PUBLIC HEARING NOTICES
RELATED TO 51st STREET IN CHOWEN AND YORK. THIS WAS CORRECTED BY SENDING CORRECTED NOTICES TO THEM. CITY COUNCIL HAS PASSED RESOLUTIONS WHEREBY DEFERMENT OF SPECIAL ASSESSMENTS MAY BE OBTAINED BY SHOWING HARDSHIP FOR
ANY HOMESTEAD PROPERTY OWNED BY A PERSON 65 YEARS OR OLDER, RETIRED BY PERMANENT DISABILITY OR MILITARY PERSONNEL ORDERED INTO ACTIVE MILITARY SERVICE. THIS COMPLETES BY PRESENTATION, I AM AVAILABLE TO RESPOND TO ANY QUESTIONS THE COMMITTEE MAY HAVE.
>> THANK YOU SO MUCH. I'LL NOW OPEN THE PUBLIC HEARING. IF YOU ARE HERE BUT DID NOT SIGN UP YET AND WISH TO SPEAK, PLEASE SEE THE CLERK. RAISE YOUR HAND THERE. AND YOU CAN SIGN UP. EACH SPEAKER WILL HAVE TWO MINUTES TO PROVIDE TESTIMONY.
JUST A REMINDER THAT SPEAKING HERE TODAY, YOU RESERVE YOUR RIGHT TO APPEAL AFTER THE PUBLIC HEARING. COMMITTEE MEMBERS WILL HAVE A GENERAL DISCUSSION ABOUT THIS ITEM, BUT IF YOU HAVE SPECIFIC QUESTIONS ABOUT YOUR ASSESSMENT, STAFF WILL BE AVAILABLE TO MEET YOU OUTSIDE OF THE CHAMBER TODAY.
WITH THAT, OUR FIRST SPEAKER IS RHONDA GROBE. WELCOME. >> THANK YOU. THANK YOU FOR YOUR SERVICE. YOU HAVE A JOB I WOULD NOT WANT. JUST LETTING YOU KNOW. I DO OBJECT TO THE SPECIAL
ASSESSMENT FOR THE RESURFACING PROJECT. I HAVE BEEN PAYING INCREASINGLY LARGE PROPERTY TAXES IN GOOD FAITH FOR ALMOST 40 YEARS. ON THE UNDERSTANDING THAT ONE OF THE THINGS THE CITY OF MINNEAPOLIS DOES WITH THAT MONEY IS MAINTAIN THE CITY STREETS. THE CITY IS NOW DIGGING UP THE
STREET TO REPLACE LEAD WATER PIPES WHICH IS SUPPOSED TO BE COVERED BY A FEDERAL GRANT AND THEN THEY'RE PUTTING IN ADDITIONAL WATERSHED GREEN SPACES WHICH I PAY FOR ON MY WATER BILL. AND THEY ARE DOING THIS BECAUSE THEY ALLOWED TOO MANY LARGE HOUSES TO BE BUILT ON THE SPACE AND THEY DON'T HAVE ENOUGH GREEN SPACE ANYMORE, BUT NOT MY HOUSE
LIT OF -- IT'S NOT APPROPRIATE TO ASK ME TO PAY ADDITIONAL MONEY THROUGH A SPECIAL ASSESSMENT WHEN THE CITY HAS ALREADY CHARGED ME TWO TIMES AND OBTAINED A GRANT. THERE IS NO ENHANCED BENEFIT TO MY PROPERTY WHEN YOU MAINTAIN THE CITY STREETS AROUND MY PROPERTY, THE BENEFIT IS THAT
I'M ALREADY ENTITLED TO IT. I EXPECT YOU TO RESURFACE THE STREETS AROUND MY HOUSE WITHOUT COLLECTING A SPECIAL ASSESSMENT AND I RETAIN MY RIGHT TO APPEAL. THANK YOU FOR YOUR TIME. >> THANK YOU. NEXT SPEAKER WE HAVE I BELIEVE
IT'S DOUGLAS HILLWAY. HELLWAY. WELCOME, MR. HELLWAY. >> MEMBERS OF THE COUNCIL, THANK YOU. MY NAME IS DOUGLAS HELLWAY, I'M A RESIDENT AT 5345 BEARD AVENUE SOUTH IN THE FULTON AVENUE AREA.
I'M ALSO A LICENSED ATTORNEY AND I AM CHALLENGING THE LEGALITY OF THIS ASSESSMENT. THE COUNCIL MEMBERS MAY OR MAY NOT BE AWARE OF A CASE THAT WENT BEFORE THE MINNESOTA SUPREME COURT A FEW YEARS AGO ENTITLED FIRST BAPTIST CHURCH VERSUS THE
CITY OF -- >> MR. HELLWAY, CAN YOU JUST MOVE SLIGHTLY OVER IN FRONT OF THE MICROPHONE. I WANT TO MAKE SURE WE ARE ABLE TO CAPTURE -- THANK YOU. >> THANK YOU. THE COUNCIL MEMBERS MAY BE AWARE OF A CASE THAT WENT TO THE MINNESOTA SUPREME COURT A FEW YEARS AGO CALLED FIRST BAPTIST
CHURCH V. THE CITY OF ST. PAUL. JUST A VERY BRIEF BACKGROUND ON THAT CASE, THE CITY OF ST. PAUL DID EXACTLY WHAT IS BEING PROPOSED HERE TODAY A SPECIAL ASSESSMENT FOR IMPROVEMENTS AND RESURFACING OF THE STREETS. A GROUP OF ANGRY HOMEOWNERS IN
ST. PAUL GOT TOGETHER, HIRED A LAWYER, AND SUED THE CITY ON THE BASIS THAT THIS WAS A PUBLIC BENEFIT AND THE BENEFIT OF RESURFACING STREETS DID NOT IMPACT INDIVIDUAL PROPERTY
OWNERS. THE HOMEOWNERS LOST AT THE DISTRICT COURT LEVEL, THEY LOST AT THE COURT OF APPEALS LEVEL. HOWEVER THE MINNESOTA SUPREME COURT REVERSED AND HELD THAT SPECIAL ASSESSMENTS FOR STREET RESURFACING BY A MUNICIPALITY
ARE INAPPROPRIATE BECAUSE IT'S A BENEFIT TO THE PUBLIC AND NOT THE INDIVIDUAL HOMEOWNER. I DID SEND SOME CORRESPONDENCE TO MY CITY COUNCIL MEMBER, MS. PALMISANO AND I DID GET A RESPONSE FROM THE CITY BASICALLY STATING THAT THE CITY DOES NOT
ASSESS FOR THINGS LIKE SNOWPLOWING, STREET CLEANING TREES AND THAT KIND OF THING. AND THAT'S TRUE. BUT IN THIS CASE THEY NUMERATED THE ITEMS INAPPROPRIATE FOR ASSESSMENTS, AND STREET RESURFACING IS CLEARLY SPECIFIED IN THAT CASE.
SO JUST TO WRAP IT UP, I FEEL THAT LEGALLY SPEAKING, THIS IS ILLEGAL AND IT'S GOING TO SUBJECT THE CITY TO A LAWSUIT WHICH COULD COST THE CITY MORE DOWN THE ROAD. SO I WOULD ENCOURAGE ALL MEMBERS BEFORE THEY VOTE ON THIS TO READ
THAT CASE. IT'S FIRST BAPTIST CHURCH V. CITY OF ST. PAUL 884 NORTHWEST 2nd, SUPREME COURT. THANK YOU. >> THANK YOU. ARE THERE ANY OTHER SPEAKERS THAT WOULD LIKE TO SPEAK TODAY?
ALL RIGHT. I AM NOT SEEING ANYONE. SO I WILL CLOSE THE PUBLIC HEARING AND I WOULD LIKE TO OPEN THIS UP FOR DISCUSSION OR QUESTIONS FROM COMMITTEE MEMBERS. ANY QUESTIONS FROM COMMITTEE MEMBERS?
NOT SEEING ANY. I DO WANT TO NOTE AGAIN AND REITERATE THAT THERE WILL BE STAFF HERE AFTERWARDS TO ANSWER ANY QUESTIONS, DISCUSS IF WE HAVE ANY SPECIAL PROGRAMS FOR HELPING IN SUPPORT AND ALSO TO
POTENTIALLY DISCUSS FURTHER QUESTIONS ABOUT WHAT YOU BROUGHT UP, MR. HELLWAY. SO SEEING NO OTHER FURTHER QUESTIONS OR COMMENTS, I WILL MOVE APPROVAL OF THIS ITEM. ALL THOSE IN FAVOR SAY AYE? >> AYE.
>> ANY A -- OPPOSED SAY NAY? ANY ABSTENTIONS? THAT ITEM PASSES. NEXT UP IS AN ORDINANCE RELATED TO CONCERTS AT THE UPPER HARBOR COMMUNITY CENTER. >> THANK YOU.
MY NAME IS KELLY MULMAN, I'M THE DIRECTOR OF PROGRAMS IN THE MINNEAPOLIS HEALTH DEPARTMENT. I'M HERE TO SPEAK BRIEFLY IN SUMMARY OF WHAT THIS ORDINANCE AMENDMENT IS. SO THE REDEVELOPMENT OF THE CITY OWNED UPPER HARBOR TERMINAL SITE INCLUDES DEVELOPMENT AND
CONSTRUCTION OF A NEW OUTDOOR MUSIC PERFORMANCE VENUE, THE COMMUNITY PERFORMING ARTS CENTER. THIS IS A 10,000 PERSON CAPACITY AMPHITHEATER. THE CPAC WILL BE DEVELOPED, CONSTRUCTED, AND OPERATED BY THE PORT OF MINNEAPOLIS LLC, A
PARTNERSHIP BETWEEN 1st AVENUE PRODUCTIONS AND THE MINNESOTA ORCHESTRA ASSOCIATION. THE PORT OF MINNEAPOLIS HAS REQUESTED THE CITY AMEND ITS NOISE ORDINANCE FOR THE CPAC TO HAVE A VIABLE OPTION FOR WORLD-CLASS TOURING ARTISTS, AS WELL AS TO PERMIT FULL MUSICAL EXPRESSION BY ARTISTS PERFORMING
AT THE CPAC. THE PROPOSED AMENDMENT TO THE MINNEAPOLIS CODE OF ORDINANCES, TITLE 15 CHAPTER 389, NOISE, WILL ALLOW AMPLIFIED SOUND FROM THE CPAC FOR 54 COMMERCIAL EVENTS IN ANY CALENDAR YEAR.
THAT'S ONE OF THE AMENDMENTS. THE SOUND AMPLIFYING EQUIPMENT WILL ONLY BE USED BETWEEN THE HOURS OF 7:00 A.M. TO 10:00 P.M. THAT IS CURRENTLY STANDARD WITHIN OUR ORDINANCE. THE SOUND MEASURED AT 134 FEET FROM THE SOURCE WILL NOT EXCEED
9 98 DECIBELS, AND THAT IS A CHANGE FROM OUR CURRENT ORDINANCE. SO HOW WILL THIS WORK? AT THE BEGINNING OF EACH CALENDAR YEAR, THE CITY AND THE PORT OF MINNEAPOLIS WILL MEET TO REVIEW THE COMMUNITY PERFORMING ARTS CENTER EVENTS CALENDAR FOR THE YEAR.
THE PORT OF MINNEAPOLIS WILL SUBMIT AN AMPLIFIED PERMIT SOUND APPLICATION FOR THE 54 EVENTS AND UPON APPROVAL FOR THE PERMIT, THE CITY WILL ISSUE THOSE AMPLIFIED SOUND PERMITS FOR THE 54 COMMERCIAL EVENTS. I'M HERE TO STAND FOR QUESTIONS. I ALSO BELIEVE THAT THERE ARE
MEMBERS FROM OUR COMMUNITY PLANNING DEPARTMENT AND MEMBERS OF THE PORT OF MINNEAPOLIS. >> THANK YOU SO MUCH. I WILL NOW OPEN THE PUBLIC HEARING. IF YOU DID NOT SIGN UP AND WISH TO SPEAK, PLEASE SEE THE CLERK.
AND I DO NOT HAVE ANYBODY ON THE LIST, SO AGAIN LAST CALL HERE IF ANYBODY WOULD LIKE TO SPEAK. NOT SEEING ANYONE. AND SO I WILL CLOSE THE PUBLIC HEARING. AND WANTED TO SEE IF THERE'S ANY QUESTIONS FROM COMMITTEE MEMBERS.
I AM NOT SEEING ANY. AND SO I WILL MOVE TO APPROVE THESE ITEMS. ALL IN FAVOR SAY AYE. >> AYE. >> THOSE OPPOSED SAY NAY? ANY ABSTENTIONS? THAT MOTION CARRIES. WITH THAT, WE HAVE CONCLUDED ALL BUSINESS TO COME BEFORE THE
COMMITTEE AND WITHOUT OBJECTION, WE STAND ADJOURNED.
THANK YOU.