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SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 18, 2006 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:30 p.m. by Council President Lantry.
Present - 4 - Benanav, Bostrom, Helgen, Lantry,
Absent - 3 - Harris, Montgomery, Thune (arrived after the Consent Agenda)
CONSENT AGENDA (Items I - 16)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSIONIS DESIRED BYA
CO UNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Councilmember Helgen moved approval of the Consent Agenda
Adopted Yeas — 4 Nays — 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Christine Barnes, Mark Bigelow, Melissa Dahlberg, Miklos Dates Jeffrey
Falkner, J. Jeff Falzone, Kathy Magnuson, Seamus Mahoney, Joseph Maurer, Qwest,
Marlene Reddig, Aaron and Kate Stottlemyer, and Philip Vogel.
Referred to Risk Management
2. Letter from the Office of License, Inspections and Environmental Protection announcing
a public hearing before the City Council on February 1, 2006 to consider the appeal of
Ilya Konkov to a decision of the Board of Zoning Appeals denying a setback variance in
order to subdivide the property at 811 White Bear Avenue North. (Zoning File 06-
005445)
3. Statement of Claim and Summons in the matter of Valerie Johnson vs. One 1999
Oldsmobile.
Referred to the City Attorney's Office
4. Demand for Judicial Determination in the matter of David James Maruffo vs. One 1995
Chevrolet.
Referred to the City Attorney's Office
January 18, 2006 City Council Summary Minutes
Page 2
Order and Judgment in the Matter of Mary Klassen, guardian for Christine Ruwodo &
Patricia Dendy, vs. Robin Duke and Marcel Duke. (Re: outstanding water bill at 729
Aurora Avenue)
Referred to the City Attorney's Office
6. Notice of Hearing on Petition in Condemnation in the matter of the Housing and
Redevelopment Authority of the City of Saint Paul vs. Marvin L. Olson, et al. (Re: 670-
678 University Avenue)
Referred to the City Attorney's Office
7. Administrative Orders:
D002547 Authorizing the Police Department to expend funds, not to exceed
$3,000, for meals related to Police Academy training on January
9-13, 2005 at Camp Ripley.
D002548 Amending the Downtown Capital Project Fund in the Department
of Planning and Economic Development by reducing the approved
budget for 2005 to match lower tax increments received.
On file in the City Clerk's Office
FOR ACTION
Resolution — 06-58 — Approving the application, per the Legislative Hearing Officer, for
an Entertainment (A) License by Chatterbox Enterprises, d/b/a Chatterbox Pub, 800
Cleveland Avenue South.
Adopted Yeas — 4 Nays — 0
9. Resolution — 06-59 — Approving the application, per the Legislative Hearing
Officer, for an Entertainment (A) License by Penny Yauch, President, VSOP, Inc.,
d/b/a The Noose, 1179 Seventh Street East.
Adopted Yeas 4 Nays — 0
10. Resolution — 06-60 — Approving the application, per the Legislative Hearing Officer,
for a Gambling Location License by Midway Stadium Lounge, d/b/a Half Time Rec,
1013 Front Avenue.
Adopted Yeas — 4 Nays — 0
11. Resolution — 06-61— Authorizing the Commissioner of Transportation to act as an
Agent of the City of Saint Paul in order to accept federal funds available for the
Lower Phalen Creek Trail project.
Adopted Yeas -- 4 Nays — 0
January 18, 2006 City Council Summary Minutes
Page 3
12. Resolution — 06-62 — Memorializing City Council action taken January 4, 2006 granting
the application of Global Construction and Investment Company, Inc. for a Combined
Plat for La Dey Commons, 678 Concordia Avenue. (Zoning File 05-187-416)
Adopted Yeas — 4 Nays — 0
13. Resolution -- 06-63— Authorizing the Police Department to enter into an agreement with
Independent School District No. 625 for the "Secure Our Schools" Program.
Adopted Yeas — 4 Nays — 0
14. Resolution — 06-64 — Approving a Parking License agreement with the State of
Minnesota, Department of Administration, for the City's use of parking in the State'.s
new Department of Human Services Building where Fire Station #8 will be relocating.
Adopted Yeas — 4 Nays — 0
15. Resolution Approving Assessment — 06=65 — In the matter of the assessment of benefits,
cost and expenses for tenant remedy action rehabilitation for properties during November
2005, and setting date of public hearing for February 15, 2006. (File No. TR0504)
Adopted Yeas — 4 Nays — 0
16. Resolution Approving Assessment — 06-66 — In the matter of the assessment of benefits,
costs and expenses for the summary abatement for excessive consumption of inspection
services for property code violations during May, June, July and August, 2005 (J0503E);
demolition of vacant buildings during December, 2005 (J0506C); and boarding -up vacant
buildings during November and December of 2005 (J0507B), and setting date of public
hearing for March 1, 2006.
Adopted Yeas — 4 Nays — 0
FOR DISCUSSION
17. Presentation on the Saint Paul Broadband Access Project by Springsted, Inc.
An overview of the project was presented by Craig Rapp, Springsted, Inc.
Cindy Mullen, Acting Director of the Office of Technology, appeared. She noted that
they are proceeding with the Broadband Technology Needs Assessment and Economic
Development Impact Study and have a contract with Springsted, Inc.
Craig Rapp, Springsted, Inc. provided an overview of the project. He said they have
begun the Broadband Technology Needs Assessment and Economic Development Impact
Study (BTS). He talked about the team that will be doing the study and outlined the
objectives. The City will be provided three broadband technology options. The ultimate
goal is to provide enough quality information to make an informed decision as to what
direction to go. A variety of approaches will be looked at including providing the City an
assessment of where Minneapolis is headed and why they chose to do what they are.
January 18, 2006 City Council Summary Minutes
Page 4
Underpinning a lot of this is the economic development component; how is broadband, or
lack thereof, impacting attraction, promotion, retention of business -- particularly small
and medium size businesses. Residential needs and the community at -large will also be
looked at. Because Saint Paul has a number of higher education institutions, they will
look at a broad range of collaborative opportunities that may exist with them.
There will be a variety of ways by which they will access community input and provide
people with an opportunity to talk to the team. Two general public forums will be held.
They are asking that the Council help define the location and spread the word about the
forums to the community. They will also host a district council forum and will contact
the leadership in each of the district councils and ask them to bring three to rive people
from the district who might be knowledgeable and/or share broad representation so they
can also talk to them about these issues. `
In terms of business access, a statistically valid random sample survey will be done via
telephone of 300-350 businesses and they will talk to them about a wide variety of
subjects. With respect to this, they would like the Council to help insure that they aren't
missing anyone. They will also hold a forum for businesses which will provide one more
opportunity to make sure that business understands and that the team hears from
business.
They will be doing some higher education interviews which will be on the order of focus.
groups and probing for opportunities to collaborate and find out about struggles they
might have.
They will also do something just for the public sector and Mr. Rapp said that any Council
Members who have a specific interest might wish to meet with the staff team and people
from Ramsey County to talk about the unique issues associated with the public facilities
and public operations of Saint Paul as a city and how broadband impacts that.
This project was kicked off on January 9, 2006. The bulk of their public forams and data
gathering will take place in February and will be completed by March 1, 2006. During
March, they will be doing the analysis and synthesizing of all the inforination. During
March and April they will prepare preliminary evaluations and options for the Council to
consider with a delivery date of April 21, 2006 for a final report to the Council.
Councilmember Thune pointed out that he feels it's important that contact be made in
business communities where there may be a strong minority population such as
University Avenue and the West Side. Mr. Repp said they will make every effort to do
that and said he welcomed an opportunity to talk to Thune about it.
Mr. Repp stated that on April 21, 2006 the Council will have a thorough assessment of
the City's current situation. They want the Council to understand what the infrastructure
January 18, 2006 City Council Summary Minutes
Page 5
is all about, or the lack thereof, what kind of access people in businesses have, and what
kind of economic development opportunities enhanced broadband will provide, They
will give the Council three high quality options to consider. He said the one thing he has
been asked more than anything since people have started to become aware of this study is
what will be done and how is it going to. happen. They are studying all of the options and
all of the models that will be available to the City and they will provide a
recommendation on three that they think best fit the City's current situation.
Councilmember Thune said when the team makes their three recommendations, he would
also like to see a list of the other possibilities the. team looked at and the pros and cons of
each. Mr. Repp responded that they would do that.
18. Resolution - 05-933 - Approving Cultural Star Program for Cycle 12 - Science Museum.
(Laid over from December 21)
Councilmember Thune moved to lay over four weeks.
Laid over to February 15 Yeas -- 7 Nays --- 0
19. Consideration of the application of Ron Becker to rezone property at 1136 Montreal
Avenue, between Selma Lane and West 7th Street, from B 1. (Local Business) to TN2
(Traditional Neighborhood) to construct an office and retail building. (Zoning File 05-
194-490) (Public hearing held, closed, and laid over from January 4)
Councilmember Harris moved to lay over this issue three weeks in order to allow more
time for discussions. He noted that the Council was still within the timeframe for an
extension.
Laid over to February 8 Yeas - 7 Nays 0
20. Consideration of the appeal of Michael McDonough to a decision of the Planning
Commission approving height and setback variances in order to construct a 21-unit
condominium at 205 Otis Avenue (between Dayton and Marshall Avenues). (Zoning
File 05-184-397) (Public hearing held, closed, and laid over from January 4)
Jerry Hendrickson, Assistant City Attorney, noted that this matter was laid over on
January 4 due to a question about some of the findings. He told the Council that their
options were to deny the appeal and in essence grant all the variances, grant the appeal
and in essence deny all the variances, or grant some variances and deny others. If the
Council chose to deny the appeal and grant all the variances, as was discussed at the last
meeting that even though there was testimony on the record about the height variance,
there is no specific finding that addressed the River Corridor Overlay variance criteria. If
it were the will of the Council to grant the variance, he advised that there be a request to
the City Attorney's Office when the memorializing resolution is drafted to take that into
account and add that finding. If the vote is to deny any of the variances, since it is an
appeal of a decision of the Planning Commission where there was a recommendation to
January 18, 2006 City Council Summary Minutes
Page 6
grant the variances, he said it was required that the Council make a statement on the
record as to why the variances are being denied.
Councilmember Benanav stated that whatever happens, this will be a wonderful project.
The neighborhood has been involved, the developer has done everything he was asked to
do, and the community, council worked hard and did their job. An appeal was made with
regard to the height as a result of this development being on the river corridor. He said
that was one issue he felt was not fully addressed by the community council and that the
issue came up after their discussions.
Co-uncilmember Benanav read a statement which is attached to the minutes in the City
Clerk's Office. He moved a motion as noted below.
Councilembers Helgen, Thune, and Lantry spoke in favor of the motion and
Councilmembers Harris, Montgomery and Bostrom spoke in opposition to the motion.
Motion of Intent — Appeal granted on the height variance only
Appeal denied on setback variance
Yeas — 4 Nays — 3 (Bostrom, Harris, Montgomery)
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR -
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATIONIN THE SAINT PAUL LEGAL LEDGER.
21. Final Adoption — 05-632 An ordinance amending certain sections of Chapter 64 of the
Saint Paul Legislative Code pertaining to the regulation of advertising signs. (Laid over
from January 4)
Councilmember Benanav moved to lay over four weeks.
Laid over to February 15 for final adoption Yeas — 7 Nays — 0
22. First Reading — 06-67 — An ordinance amending Chapter 160 of the Saint Paul
Legislative Code entitled "Parking Meter Zones" by extending the parking meter hours of
operation from 4:30 pan. to 6:00 p.m. Monday through Saturday.
Laid over to January 25 for second reading
23. First Reading 06-68 -- An ordinance memorializing City Council action granting the
application of Wellington Management to rezone property from B2 (Community
Business) to TN2 (Traditional Neighborhood) for a 7-story mixed use building with 24
residential units at 2318 Marshall Avenue. (Zoning File 05-184-704) (Public hearing
held January 4)
Laid over to January 25 for second reading
January 18, 2006 City Council Summary Minutes
Page 7
Councilmember Harris welcomed several women from Spain who visited the Council meeting
after meeting John Marshall, Legislative Aid to Councilmember Harris who invited them to City
Hall.
Suspension items were voted on at this time. See last page of minutes.
The meeting was recessed from. 4:10 p.m. to 5:30 p.m.
Roll Call: Present — 4 Absent — 3 (Harris, Helgen; Thune excused)
PUBLIC HEARINGS
24. Third Reading — 05-1212 — An ordinance amending Chapter 410.03 of the Saint Paul
Legislative Code to impose a distance between 3.2 percent malt liquor establishments in
order to protect the public health, safety, morals and general welfare.
Councilmember Benanav moved to lay over four weeks.
Laid over to January 25 for final adoption
25. Resolution — 06-69 — Approving the petition of Gerdau Ameristeel (flkla North Star
Steel) to vacate a portion of the most southerly part of Red Rock Road for additional
open area. (Vacation pile No. 11-2004A)
No one appeared in opposition; Councilmember Benanav moved to close the public
hearing and approval.
Adopted Yeas — 6 Nays — 0
26. Resolution — 06-70 — Approving adverse action against the Taxicab Driver's
License application submitted by Darrell W. Henton for the City of Saint Paul.
Rachel Gunderson, Assistant City. Attorney representing the Office of LISP, presented a
staff report. She stated that this matter is an appeal of a license denial for a taxicab
driver's license. The denial is based on a criminal conviction for domestic assault and
misdemeanor domestic assault. The date of conviction is November 6, 2003. The City's
ordinance 376.16(2) Subd. 4 provides that a person may not have a taxi driver license if
there is a non -traffic misdemeanor conviction within the last three years involving the use
or threat of use of force. The Office of LIEP's position was that the conviction for
assault is related to the employment of a taxi driver because they are alone in a vehicle
with people who would then be vulnerable. A denial of a license for a criminal
conviction can be rebutted if the applicant or potential licensee shows evidence of
rehabilitation. Sentencing occurred in November, 2003. In September, 2004 probation
violation was filed stating that Mr. Henton failed to comply with the terms of his
probation: failure to complete domestic abuse counseling and failure to take drug testing
that was ordered. It is the argument of the Office of LIEP that he has not been
January 18, 2006 City Council Summary Minutes
Page 8
rehabilitated from this offense and Ms. Gunderson said she has not received anything
from Mr. Henton showing evidence of rehabilitation. The Office of LIEP's
recommendation was to deny the application.
Darrell Henton, 2033 East Orange Avenue, appeared and said he did everything the
courts requested he do. He went through an eight -week domestic abuse program with
Bob Kelley and that was the only time he has ever been in trouble. Council President
Lantry asked if he has proof of completing the program. He replied that he didn't but
that he could try to get. it for the Council. Rachel Gunderson reiterated that she had
received no proof of him completing the program.
Councilmember Bostrom moved to close the public hearing. Yeas — 6 Nays — 0
Councilmember Bostrom moved approval of the resolution.
Adopted Yeas — 6 Nays — 0
27. Final Order — 06-71 — In the matter of acquiring the property rights needed to improve
White Bear Avenue from 500 feet north of Maryland Avenue and 500 feet south of
Maryland Avenue. (File No. AE2005-03)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas — 6 Nays — 0
28. Resolution Ratifying Assessment — 06-72 — In the matter of the assessment of benefits,
cost and expenses for tenant remedy. action rehabilitation for properties during June, July,
August and September 2005. (File No. TR0503)
No one appeared in opposition; Comicilmember Montgomery moved to close the public
hearing and approval.
Adopted Yeas — 6 Nays 0
29, Resolution -- 06-73 Ordering the owner to remove or repair the building(s) at
355 Cottage Avenue West within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, reported that no one appeared at the
Legislative Hearing and it was expected that the owners would come before the Council
to talk about their plans to rehabilitate the building. She recommended approval of the
15-day order to remove or repair.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval.
Adopted Yeas — 6 Nays — 0
January 18, 2006 City Council Summary Minutes Page 9
30. Resolution — 06-74 — Ordering the owner to remove or repair the building(s) at 779
Edmund Avenue within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer recommends approval)
Marcia Moermond, Legislative Hearing Officer, said she wished to change her original
recommendation and asked that the Council refer the matter back to the January 24
Legislative Hearings and the February 1 City Council Hearings.
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and lay over to February 1.
Laid over to February 1 Yeas — 6 Nays — 0
31. Resolution — 06-75 -- Ordering the owner to remove or repair the building(s) at 431 Page
Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends granting the owner an additional 180 days to complete the
rehabilitation provided a $2,000 bond is posted and a Work Plan and a Financial Plan are
submitted no later than the end of the business day on January 13, 2006)
Marcia Moermond, Legislative Hearing Officer, reported that the two conditions were
not met. The new property owner, Daniel Douglas, along with Ms. Herbaur attended the
Legislative Hearing and said they planned to rehab the building. Because there were no
plans brought forth, Ms. Moermond recommended that they proceed with the 15-day
order.
Councilmember Bostrom moved to close the public hearing and lay over one week when
Councilmember Thune is back.
Laid over to January 25 Yeas — 6 Nays — 0
32. Appeal of P. Mulvaney, Jr. to Vacant Building Registration Fee for property at 2194
Nortonia Avenue. (Legislative Hearing Officer recommends denying the appeal and
holding the Registered Vacant Building fee payment in abeyance for sixty (60) days)
Appeal Denied (per the recommendation of the Legislative Hearing Officer)
No one appeared in opposition; Councilmember Bostrom moved to close the pubic
hearing and deny the appeal. Yeas — 6 Nays — 0
33. Appeal of P. Mulvaney, Jr. to a Notice of Condemnation and Order to Vacate for
property at 2194 Nortoma Avenue. (Legislative Hearing Officer recommends denying
the appeal)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and deny the appeal.
Appeal Denied Yeas --- 6 Nays — 0
January 18, 2006 City Council Summary Minutes
Page 10
34. Public hearing to consider the application of Greater Frogtown CDC (Dale Street
Townhomes) to rezone property at 608-613 Blair Avenue and 609 Lafond Avenue (east
side of Dale ,Street between Lafond and Van Buren Avenues) from R-4 (Single-family
Residential) to TN2 (Traditional Neighborhood). (Zoning File 05-193-681)
Patricia James, Department of Planning and Economic Development, presented a staff
report. The Greater Frogtown CDC purchased some excess right-of-way that the
Department of Public Works no longer needed after widening Dale Street. They are
proposing to build a town house development on Dale Street between Lafond and either
side of Blair and requested a zoning to TN2. This is currently a commercial zone and,
therefore, they were required to get signatures of property owners within 100 feet which
they did. The TN zoning gives them the density and lot area they need in order to
construct this project. It also requires an alley vacation that will come before the Council
in February. They will then be dedicating a new alley that will "T" so people will still
have alley access. A parking variance was also approved by the Planning Commission
and that was not appealed. There is a one -car garage within each structure as well as
space for visitor parking in the driveways.
The Planning Commission and Zoning Committee recommended approval of the
rezoning and District 7 also gave their support to the project.
Joe Baltierrez, 598 Blair Avenue, questioned who was going to take care of the alley way
and the extra traffic and asked if there was going to be a traffic light. He also questioned
if there actually will be storefronts in the lower level of the complex as proposed.
Patricia James responded that the application is for a townhome development and no
commercial uses. The TN2 zoning district pen -nits mixed commercial/residential and it
also permits all conti-nercial and all residential.
Brian Fleschie (sp), 606 Lafond Avenue, spoke on behalf of the owner of 606 Lafond
who indicated that to his knowledge, his signature was not obtained on the petition.
Council President Lantry responded that she did not think 100% of signatures were
required but rather there are a number of eligible parcels within 100 feet of the site and
only a certain number is required.
Patricia James added that she was not sure how the survey was conducted. There were
51 parcels that were eligible for signatures; they needed 34 signatures of property owners
and they have 37. District 7 held a meeting so she felt there was neighborhood
information that went out.
Appearing in support of the application was Boa Lee of the District 7 Planning Council.
She said they tried to obtain as many signatures as possible and once they reached the
required number, they stopped. A meeting was held with the Frogtown CDC and District
7 and a community meeting was held in the early part of 2005. Plans for the townhouse
January 19, 2006 City Council Summary Minutes
Page 11
development were revealed at that time and there was support from the community.
When the zoning and the variance came up for a vote at the Planning Commission,
another meeting was held by the district council. Many issues raised at this meeting were
addressed at the district council meeting. The vote from the community was in
opposition however, the Board of Directors had met a week prior to that meeting and, sent
a letter of support to the Planning Commission indicating that it's supported by the Dale
Street Master Plan and the community meeting in early 2005 was largely in support of
the development. The final recommendation from the District 7 Planning Council is to
approve the zoning and the variance.
Councilmember Montgomery moved to close the public hearing. Yeas ---- 6 Nays 0
Councilmember Montgomery moved to grant the application and adopt the findings of
the Planning Commission.
Motion of Intent — Application granted and findings of the Planning Commission adopted
Yeas — 6 Nays — 0
35. Public hearing to consider the application of Greater Frogtown CDC for a Preliminary
Plat for Dale Street Townhomes for 16 residential lots and 2 outlots at 608-613 Blair
Avenue and 609 Lafond Avenue (east side of Dale Street between Lafond and Van Buren
Avenues) (Zoning File 05-194-413)
Patricia James, Department of Planning and Economic Development, presented a staff
report. She noted that this is a hearing on the preliminary plat. Previously, it was more
common for people to go through the combined plat process and a public hearing held on
the final plat. However, City staff has started recommending that for townhouse projects
people submit their preliminary plat and a hearing be held which gives Council consent
for the idea and the basic layout. The final plat then comes through later. Often times if
the final plat is approved before they start construction, another final plat needs to be
done because the lot lines don't line up with what's built and a re -survey needs to be
done. If the preliminary plat is approved, when the final plat is submitted there will be a
staff review and a City Council resolution will be submitted but there will not have to be
another public hearing. Ms. James said the alley needs to be vacated and the new alley
dedicated. Staff recommended approval subject to the conditions specified in the staff
report.
Councilmember Helgen asked if sufficient consideration was given to storm water
management and traffic flow concerns that were raised and also the landscape design.
Ms. James responded that LIEP staff reviews all preliminary plats and they are also sent
to the Soil and Water Conservation district. No negative comments were received from
either one so she ;feels it complies with all of their necessary requirements.
January 18, 2006 City Council Summary Minutes
Page 12
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval.
Motion of Intent — Application Granted Yeas — 6 Nays -- 0
Suspension Items
Councilmember Harris moved suspension of the rules to introduce the following resolution:
Yeas — 7 Nays — 0
Resolution — 06-76 — Amending Council File 005-16 and granting 180 days to complete
the rehabilitation at 1774 Norfolk Avenue.
Councilmember Harris thanked Marcia Moermond, Legislative Hearing Office, for her
diligent work on this property, Ms. Moermond appeared and asked the Council to grant
the new owners 180 days to accomplish the rehabilitation of this property, The bond has
been posted, they have put together a very good rehabilitation plan, and they have
financing for the project.
Councilmember Harris moved approval.
Adopted Yeas — 7 Nays — 0
Councilmember Harris moved suspension of the rules to introduce the following resolution;
Yeas — 7 Nays — 0
Resolution -- 06-77 -- Donating the retired Saint Paul Bookmobile to the Saint Paul Sister
City of Manzanillo, Mexico.
Councilmember Harris recognized the many people who contributed personal donations
to make the donation of the Bookmobile and the trip to Manzanillo possible. The
bookmobile will serve over 30,000 children in rural areas of Mexico. Manzanillo is a
Sister City to Saint Paul. This project is totally privately funded. The Friends of the
Library initially donated the Bookmobile to the City and now the City is donating it to
Manzanillo. Councilmember Harris thanked John Marshall, Legislative Aide to Harris,
Peter Pearson, Friends of the Library, and Matt Reinhartz, the Division of Parks and
Recreation for their great work on this project. He also named other people and groups
who have contributed to this project. The Bookmobile will stop in several US cities
along the way to promote cross-cultural literature and arts. Harris said this resolution
must be adopted in order to pass the border.
Councilmember Harris moved approval.
Adopted Yeas — 7 Nays — 0
January 18, 2006 City Council Summary Minutes Page 13
Councilmember Harris moved suspension of the rules to introduce the following resolution:
Yeas 7 Nays 0
Resolution 0 -78 — Designating Ted Davis to solicit funds to host the 2006 Winter'
Carnival Mayoral Reception to be held on January 4, 2006.
Councilmember Harris moved approval.
Adopted Yeas — 7Nays 0
ADJOURNED AT 6:00 P.M.
3.
Kathy Lantry, Council President
ATTEST;
February 1 2006
Minutes approved by Council
` �mz_
Mary E ickson
.Assistant Council Secretary
Submitted by
Mary Erickson
Statement by Councilmember Benanav January 1.8, 2006, re: 205 Otis Ave.
This matter was laid over following the close of the public hearing on January 4, 2006.
The purpose of the layover was to examine the requested variance of the river corridor standards
for building height.
The zoning code allows variances of river corridor standards under section 68.601(a).
Specifically, that section places the burden of proof on an applicant to
I. "Demonstrate conclusively that such variance will not result in a hazard to life or property and
will not adversely affect the safety, use or stability of a public way, slope or drainage channel, or
the natural environment"; and
2. "Variances shall be consistent with the general purposes of the standards contained in this [the
river corridor] chapter and state law and the intent of applicable state and national laws and
programs."
The resolution of the planning commission did not specifically make these specific finding.with
respect to the request to vary the RC3 river corridor height standard of 40 feet to. 50 feet..
Having reviewed the Planning Commission resolution and minutes, it is clear that the Banning
rQommission erred when it applied only the standard analysis -applied to all variance requests
without making specific River Corridor variance findings under Sec. 68-601(a).
Wile the Planning Commission found that the overall building design with its exterior facade
and underground parking features resulted in a design that reflected the existing scale, character
and urban design of the surrounding neighborhood, the Planning Commission failed to make any
specific finding showing that the requested height variance would not affect the natural
environment or that the height variance was consistent with general standards of city, state or
federal laws and programs in the River Corridor. For instance, the Site Development Policies of
the Mississippi National River and Recreation Area specifically call for "reducing the visual
impact and protect views of the river and from the river and its shoreline areas by establishing
maximum building heights." The RC3 district sets building height at 40 feet. The record is
silent as to why allowing a 50-foot building is consistent with the general purpose. of the river
corridor standards and the intent of applicable state and national laws. The failure to make any
specific finding with respect to applicable River Corridor variance requirements constitutes an
error in the decision.
Therefore, I move to grant the appeal with respect to the River Corridor Height variance only.
do not find that the Planning Commission erred with respect to any other variances granted.
Accordingly, I would adopt the findings of the Commission, with respect to the other variances
granted and direct staff to redraft the Commission's findings consistent with this motion for
subsequent adoption by the Council.
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