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SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 3, 2002 - 3:30 - 5:00 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
• For Discussion
• Ordinances
• Suspension Item
• Public Hearings
• Suspension Item
The meeting was called to order at 3:33 p.m. by Council President Bostrom.
Present - 5 - Benanav, Bostrom, Coleman, Harris, Reiter
Absent - 2 - Blakey, Lantry (both excused)
CONSENT AGENDA (Items I - 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
CO UNCIL MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Councilmember Harris requested Item 15 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended.
Adopted as amended Yeas - 5 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Rosalio Cano- Porras, Colleen Coffman, Ryan Hammes, Kathy Ruud, Jeff Schreifels, Shirtz
Unlimited /Everett Janssen, Linda Weinhold, West Bend Mutual (for S. Brown & P. Finnerty), and Kim
Yobbie.
Referred to the Risk Management Division
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2. Letters from the Citizen Service Office /Property Code Enforcement declaring 418 Blair Avenue and
304 Lawson Avenue East as nuisance properties, and setting date of Legislative Hearings for April 9,
2002, and City Council Hearings for April 24, 2002.
3. Letter from the Real Estate Division announcing a public hearing before the City Council on April 24,
2002, to consider the vacation petition of the City of Saint Paul releasing their interest in property
located on vacated Ninth Street between Wabasha and Cedar Streets. (Vacation File No. 08 -2002)
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on April 24, 2002, to consider the application of Mendota Homes for a
combined plat to create 23 residential and 2 outlots for Sheffer Lane Townhomes bounded by Bayard
Avenue, Canadian Pacific Railway and Scheffer Avenue.
5. Administrative Orders:
D002134 Approving the transfer of budgeted line items in the Police Department's 2001 spending
budget for special revenue funds 400, 420, and 436.
D002135 Revising the 2001 budget in the Office of Financial Services to cover year -end variances
within the special projects general government special revenue fund.
Noted as on file in the City Clerk's Office
FOR ACTION
6. Resolution - 02 -271 - Approving the reappointments of Kathi Donnelly- Cohen, Lawrence Dandrea,
Harold Fotsch, and Susan McCall and the appointments of Larry Alexander, Fransico Rosales, and
Marlyn Trevino, by Mayor Kelly, to the Saint Paul Planning Commission.
Adopted Yeas - 5 Nays - 0
7. Resolution - 02 -272 - Approving the reappointment of Hollice Allen and the appointment of Margaret
Mildred Schmidt, by Mayor Kelly, to the Police Civilian Internal Affairs Review Commission.
Adopted Yeas - 5 Nays - 0
8. Resolution - 02 -273 - Appointing members to a Legislative Advisory Committee to make
recommendations for the naming of a street for Dr. Martin Luther King, Jr.
Adopted Yeas - 5 Nays - 0
9. Resolution - 02 -274 - Authorizing the City to enter into, and Police Chief William Finney to
implement, an agreement with the Public Housing Agency of the City of Saint Paul to continue the
Community Oriented Policing (ACOP) Program from January 1, 2002, through December, 2002.
Adopted Yeas - 5 Nays - 0
10. Resolution - 02 -275 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 543 Snelling Avenue South, 555 Wyoming Street East, 977 Fuller
Avenue, and 580 Snelling Avenue South.
Adopted Yeas - 5 Nays - 0
11. Resolution - 02 -276 - Approving the application for a Cabaret -Class A License by Bound to be
Read, LLC, 870 Grand Avenue. (Legislative Hearing Officer recommends approval)
Adopted Yeas - 5 Nays - 0
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12. Resolution - 02 -277 - Authorizing Brunette Boxing to use the Division of Parks and Recreation's 3.2
beer and wine licenses at Rice & Arlington Sports Dome for a boxing event on April 13, 2002.
Adopted Yeas - 5 Nays - 0
13. Resolution - 02 -278 - Approving a three -year extension of Lease Agreement PR/10 for a parcel of
land abutting and incorporated into Cayuga Playground.
Adopted Yeas - 5 Nays - 0
14. Resolution - 02 -279 - Authorizing the proper City officials to execute the revised "Joint and
Cooperative Agreement for the Mississippi Watershed Management Organization (WMO)."
Adopted Yeas - 5 Nays - 0
15. Discussed after the consent agenda)
16. Preliminary Order - 02 -281 - In the matter of construction of storm sewer service connections, if
requested by the property owner, for the Highland Parkway and Pinehurst Avenue Storm Sewer
Connection Project, and setting date of public hearing for April 24, 2002. (File 418964C)
Adopted Yeas - 5 Nays - 0
17. Preliminary Order - 02 -282 - In the matter of construction and reconstruction of sidewalks in Wards
1, 2, 3, 4, 6, and 7, and setting date of public hearing for April 24, 2002. (File No. 502003 - 502035)
Adopted Yeas - 5 Nays - 0
18. Preliminary Order - 02 -283 - Amending aportion of Final Order Council File 401 -1149 adopted
October 24, 2001, acquiring property rights in Wards 5, 6 and 7 in connection with the construction of
Phalen Boulevard (Mississippi Street to Payne Avenue), and setting date of public hearing for April 24,
2002. (File No. 18947A)
Adopted Yeas - 5 Nays - 0
19. Resolution Approving Assessment - 02 -284 - In the matter of the assessment of benefits, cost and
expenses for the installation of sanitary sewer and service connections in Topping Street from Dale
Street to vacated Kent Street, and setting date of public hearing for April 24, 2002. (File No. 18904A)
Adopted Yeas - 5 Nays - 0
20. Resolution Approving Assessment - 02 -285 - In the matter of the assessment of benefits, cost and
expenses for the installation of bituminous roadway, construction of concrete curb and gutter, concrete
driveway aprons and outwalks, boulevard sodding, tree planting, lantern style lighting system, and all
other work necessary to complete improvements on Topping Street from Dale Street to Mackubin Street,
and setting date of public hearing for April 24, 2002. (File 418904F)
Adopted Yeas - 5 Nays - 0
21. Resolution Approving Assessment - 02 -286 - In the matter of the assessment of benefits, costs and
expenses for summary abatements (snow /ice removal and /or sanding of walks) from January 2002 to
part of March 2002 (J02SNOW); summary abatements (property clean -up) during part of January 2002
to part of March 2002 (J0201A); boarding up vacant buildings for January 2002 (J0201B); towing
abandoned vehicles from private property from August 2001 to December 2001 (J0201 V); demolition of
vacant buildings from February 2002 through part of March 2002 (J0201C), and setting date of
Legislative Hearing for May 14, 2002, and City Council Hearing for May 22, 2002.
Adopted Yeas - 5 Nays - 0
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15. Resolution - 02 -280 - Authorizing the purchase of Sewer Availability Charge (SAC) units for 910
Montreal Circle and the removal of SAC units from 2264 University Avenue.
Councilmember Harris requested the Department of Public Works to provide a written report on
information regarding Sewer Availability Charge (SAC) units and Water Availability Charge (WAC)
units. Gerry Strathman, Secretary to the City Council, was directed to contact Public Works regarding
the report.
Councilmember Harris moved approval
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
22. Report from the Saint Paul Planning Commission and staffs of the Department of Planning and
Economic Development and the Office of License, Inspections and Environmental Protection regarding
their recommendations on development policies and zoning for Irvine Avenue area requested by the
CapitolRiver Council.
(Requested in Council File 401 -1013 adopted on October 3, 200 1)
Roger Curtis, Director, Department of License, Inspections and Environmental Protection, reported that
the Department of Planning and Economic Development was not ready to give their report.
Councilmember Coleman moved that the report be laid over to coincide with the public hearing on the
related ordinance.
Laid over to the same date as the 3rd reading /public hearing of forthcoming ordinance
Yeas - 5 Nays -0
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
23. Third Reading - 02 -231 - An ordinance memorializing City Council action granting the application
of Waste Management of Minnesota, Inc. to rezone property from I -1 (Industrial) to I -2 (Industrial) to
allow a waste transfer station and to eliminate split zoning on parcels at 195 Minnehaha Avenue East
and unaddressed railroad right -of -way. (Public hearing held March 6, 2002)
Laid over to April 10 for final adoption
24. Second Reading - 02 -266 - An ordinance repealing Chapter 56 of the St. Paul Legislative Code
(Open Burning Ordinance).
Laid over to April 24 for third reading /public hearing
Suspension Item:
Councilmember Coleman move suspension of the rules and approval of the following resolution:
Resolution - 02 -291 - Accepting a gift from the Capitol City Partnership to pay for registration fees that
include airline tickets and accommodations for three City Councilmembers to attend the 2002 Inter -City
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Leadership Visit being hosted by the City of Denver from April 21 -23, 2002.
Adopted Yeas - 5 Nays - 0
The meeting was recessed from 3:40 p.m. to 5:35 p.m.
Roll Call: Present - 5 Absent - 2 - Blakey, Lantry (excused)
PUBLIC HEARINGS
25. Resolution - 02 -287 - Approving amendment of Tax Increment Financing Plan for the Saint Paul
Neighborhood Redevelopment Tax Increment Financing District No. IA (scattered site) and the
establishment of the University and Dale Tax Increment Financing District and adoption of a Tax
Increment Financing Plan.
Marie Franchett, Department of Planning and Economic Development, gave a staff report. This
resolution will establish the University and Dale Tax Increment Finance District. This district consists of
four parcels that contain Uni -Dale Mall, Wendy's Restaurant, and another structure located on two
parcels on the other side of University Avenue. This is the first step moving towards implementation of
redevelopment of the Pan -Asian Urban Village. The request at this meeting was to approve the
establishment of the Tax Increment Finance (TIF) District that will allow the use of TIF financing for
the project. Approval of the actual use of the funds for the project will come at a later date.
Councilmember Benanav presented a substitute resolution on behalf of Councilmember Blakey. Ms.
Franchett said the substitute consists of some technical changes that the City Attorney asked be made to
the resolution.
The following individuals appeared in support of the Tax Increment Plan:
Sai Lee, 8075 20th Avenue North, Lino Lakes, Chairman of the Asian Council which represents the
Hmong people in Minnesota. The purpose of the Asian Council is to promote Hmong business, Hmong
education and economics. It is hoped if the project goes forward, the Hmong people will improve self
business, self sufficiency, and self small business.
Dr. Yang Das, 6332 Georgia Avenue North, Brooklyn Center, read a statement. He said this project will
benefit not only the City of St. Paul but also the entire Twin Cities area and beyond.
Eileen Her, Director, State Council on Asian Pacific Minnesotans, said a good part of the Asian Pacific
community is excited and very thrilled about this project. While there are tools available for the
community and for this development, she said she felt they should pursue all necessary tools and use
them to create what will be a great addition to the City of St. Paul.
Nang Lee, 1465 Clarence Street, said he feels this project will bring great economics to the City of St.
Paul and it's a stepping stone for the community and the whole city.
The following individuals appeared in opposition to the Tax Increment Plan.
Roy Hansen, Adjutant of the Disabled American Veterans (DAV), Department of Minnesota. The DAV
operates a thrift store in the Uni -Dale Mall. The DAV is a non -profit veteran service organization made
up of war -time service- connected veterans of all of America's wars in the last century. This thrift store
provides the majority of revenue that they provide to veterans in its service programs. Removing this
store will greatly affect the services they have provided veterans in Minnesota since 1920. He said they
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cannot survive this revenue loss.
Dave Harstad, 2116 2nd Avenue So., Minneapolis, attorney for the Disabled American Veterans,
submitted written comments for the record. He said they do not believe that the proposed district
complies with state law. The use of tax increment financing is very closely regulated by state law and
this needs to be done in accordance with state law. Mr. Harstad said he has not had an opportunity to
review the supplementary information submitted by staff and he suggested a layover of this matter in
order to allow for an opportunity to look it over.
Robert McClain, 557 Sherburne Avenue, said as a taxpayer and as a citizen he wants to be sure that the
funds are utilized in a manner in which they were prescribed by state government. He is in support of the
Pan Asian Village but not at the Uni -Dale Mall site. This is a neighborhood issue and there are a number
of neighbors who understand that the TIF funding relates to the sales tax issue. They strongly oppose the
utilization of TIF funds for the development of the Pan Asian Village.
Helen Broderick said she has lived in this neighborhood for 17 years. She is disturbed on two levels: 1)
she has an attachment to Uni -Dale Mall, and 2) the issue of jobs as there are not a lot of job in this
neighborhood. It is not necessarily that she is against the project but she would like to know more about
it and she prefers it not move forward so quickly.
Kristi Gilbertson, employee of the Disabled American Veterans store in the Uni -Dale Mall, said she is
on social security disability and this store is one of the few places that has allowed her to have a job and
given her the opportunity to get ahead.
Roy Kim, 554 University Avenue, manager of a sportswear store in Uni -Dale Mall, said because he is
getting up in age, he was concerned what his future would be if the mall is removed.
Jim Nebo, 608 University Avenue, owner of Earths Beauty Supply, said he does not feel this building
needs to be demolished. He expressed concern as to where the businesses will relocate.
Councilmember Benanav moved to close the public hearing. Yeas - 5 Nays - 0
Council President Bostrom suggested this matter be laid over two weeks in order to allow time for the
Council to review the substitute resolution
Councilmember Benanav moved to lay over to April 17.
Substitute introduced and laid over to April 17 Yeas - 5 Nays - 0
26. Public hearing to consider the petition of 175 Fort Road, LLC to vacate a portion of Seventh Street
West to allow the encroachment of the Holiday Inn building.
(Resolution will be introduced under suspension)
Councilmember Coleman said this is a vacation that needed to be redone as there were some errors that
were made in the previous paperwork for the vacation
Councilmember Coleman moved to close the public hearing, approve the vacation and amend the
resolution to waive the $500.00 fee as it was paid on the first vacation. (Suspension Item below)
Susbension Item
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Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 02 -292 - Approving the petition of 175 Fort Road, LLC, to vacate a portion of Seventh
Street West to allow the encroachment at 175 West 7th Street (Holiday Inn Building). (File 402 -2002)
Adopted as amended Yeas - 5 Nays - 0
27. Final Order - 02 -288 - In the matter of removal of an existing wood pole with luminaire and
installation of a fifteen (15) foot old style ornamental pole with a large old style lantern luminaire
mounted on a new concrete foundation to be located in front of Zander's Cafe, 523 Selby Avenue (aka
517 Selby Avenue). (File No. 18967)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
28. Resolution - 02 -289 - Ordering the owner to remove or repair the building at 860 Euclid Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the July 9, 2002, Legislative Hearing and the July 24, 2002, City Council Meeting if the property
is sold by April 30, 2002. If the property is not sold by April 30, this matter will be laid over to the May
14, 2002, Legislative Hearing and the May 22, 2002, City Council Meeting.)
Gerry Strathman, Legislative Hearing Officer, reported that the owner of this property appeared at the
Legislative Hearing and acknowledged that he was not able to complete the rehabilitation and he
intended to sell the property. A prospective buyer was also present at the meeting. Mr. Strathman
recommended the resolution be laid over until July and if it is not sold it will come back to the Council
in May.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and lay over to
July 24.
Laid over to July 24 Yeas - 5 Nays - 0
29. Resolution - 02 -290 - Ordering the owner to remove or repair the building at 1586 Point Douglas
Road within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the April 23, 2002, Legislative Hearing and the May 1, 2002, City Council Meeting if the
property is not demolished by April 23, 2002.)
Gerry Strathman, Legislative Hearing Officer, reported this is a fire damaged building that is in the
midst of being sold and the new owner has agreed to demolish the building. If the demolition proceeds
as expected, there will be nothing more for the Council to deal with. However, if the structure is not
demolished by April 23, the matter would be brought back to the Council.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and lay over to
May 1.
Laid over to May 1 Yeas - 5 Nays - 0
30. Appeal of George Holdgrafer to a Summary Abatement Order for property located at 841 Marion
Street. (Legislative Hearing Officer recommends denying the appeal but granting the owner 90 days to
rehabilitate the garage provided a permit is obtained to make repairs and the garage is secured against
trespassers by noon on April 3, 2002.)
Gerry Strathman, Legislative Hearing Officer, said this matter involves a fire damaged garage. The
owner indicated at the Legislative Hearing he intends to rehabilitate the structure and will have it done
within 90 days. The owner has obtained a building permit and has secured the building against illegal
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entry.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approved
the recommendation of the Legislative Hearing Officer.
Appeal denied but granted the owner 90 days to rehabilitate the garage.
Yeas - 5 Nays -0
31. Appeal of Paul Sieloff to a Vehicle Abatement Order and a Summary Abatement Order for property
located at 1038 Case Avenue. (Legislative Hearing Officer recommends denying the appeal but granting
an extension to June 30, 2002, to bring the white Mercury vehicle into compliance.)
Gerry Strathman, Legislative Hearing Officer, stated this matter involves an appeal to an abatement
order for a pickup truck and a white Mercury. The truck has been removed by the owners. The Mercury
is a collector car and it would be difficult to move from its current location because of the snow and wet
ground. Therefore, Mr. Strathman recommended the owner be granted until June 30 to remove the
vehicle from the yard.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 5 Nays -0
Council President Bostrom suggested the date for removal of the vehicle be changed to May 30 as he
felt that was adequate time for removal.
Councilmember Coleman moved approval of the recommendation of the Legislative Hearing Officer as
amended.
Appeal denied but granted an extension to May 30, 2002, to bring the white Mercury vehicle into
compliance Yeas - 5 Nays - 0
32. Public hearing to consider the application of Christenson Corporation for preliminary plat approval
for subdivision of property bounded by Norfolk Avenue, Davern Street, and West Seventh Street to
provide for construction of new commercial and residential buildings. (Gateway Village)
Yang Zhang, Planner in the Department of Planning and Economic Development, presented a staff
report. Christenson Corporation submitted an application for subdivision of property in the area as
indicated above to create eight mixed -use lots. The Shepard- Davern Gateway Small Area Plan was
adopted in 1999 by the City Council. In 2000 the Shepard- Davern Commercial Redevelopment Overlay
District was adopted for this area and the Redevelopment Plan was adopted by the Council in February
2002. The street vacation was approved in March 2002.
The preliminary plat submitted meets all the City's requirements. The subdivision is in conformance
with the Comprehensive Plan by providing 460 rental housing units including 160 units of senior
housing. Also, the subdivision can be economically served with public facilities and services.
Based on the findings in the staff report, staff recommended approval of the preliminary plat for
Gateway Village subject to three conditions: 1) the preliminary plat approval is contingent upon
Housing and Redevelopment Authority approval of the redevelopment agreement between the city and
the developer; 2) a restrictive covenant shall be placed on the property to guarantee long -term public
access to the public art /pedestrian area west of the intersection of Wheeler Street and Graham Avenue;
and 3) the applicant shall file a copy of the council resolution approving the plat with the Ramsey
County Recorder's Office.
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Councilmember Harris noted that there is no development agreement and the Council is only doing
preliminary work to prepare for such an agreement; therefore, approval of the application does not
constitute actual approval of the final project.
Ron Christenson, the developer, appeared. He said he feels they have reached a plateau and, hopefully,
they have been able to provide the housing needs that the city is looking for as well as some personal
development that will add value to the community. Their schedule is to work towards a development
agreement sometime within the next few weeks. They are presently working with the neighborhood to
close their purchase agreements with them and hope to extend those to October 1, 2003 or January of the
following year and start construction in March 2003.
The following property owners appeared:
Terry Dempsy, Hugo, MN, and owner of rental property at 1742 Munster, said he has been in favor of
the project but the neighbors have been "hung out to dry" for four years. He has a contract and now
Christenson Corporation wants to extend it again. He questioned when the project was going to happen
because it keeps getting pushed back. Also, Christenson now wants them to sign an amendment to their
contracts and he does not feel that is fair if it's going to be extended to 2003.
Danny Mellium, 1753 Norfolk, said he does not mind signing an amendment if the purchase price will
go up according to the market. The current price being offered will not allow him to purchase a home
and not have a mortgage payment which is currently his situation.
Lucky Moore, 1774 Norfolk Avenue, questioned what happened to the other side of Norfolk as he hasn't
heard from anyone and he doesn't know if his property will be taken or not.
Joan Trulsen, Department of Planning and Economic Development, explained that the original project
was commercial and at that time the south side of Norfolk, the single family homes, were a part of the
project. However, when it was changed to a housing project, it was difficult because Norfolk goes right
through and the development wouldn't be contiguous and the cost was quite high to acquire the single
family homes so the redevelopment plan did not include the south side of Norfolk.
Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0
Yang Zhang explained this is an application to have the preliminary plat approved. The plat gives the
developer one year to submit a final plat. It does not have to be final at this time as there are a lot of
details that need to be worked out.
Councilmember Harris said this project has been worked on for a number of years. There is no
development agreement. The actual action on this project to move it forward would be on the
development agreement. The neighbors have been through a lot for the last several years. A lot of things
have happened inside this project; the tax laws have changed which had an effect on TIF and completely
changed this project. There was not a commercial tenant to begin with. The project has changed many
times for a lot of different reasons that are no fault of the developers and no fault of the neighbors or the
city. There have been forces beyond anyone's control. Councilmember Harris said he, as well as many
other people, is committed to getting something done on this project.
Councilmember Harris moved approval of the application.
Motion of Intent - Application granted Yeas - 5 Nays - 0
Councilmember Benanav moved to adjourn the meeting.
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ADJOURNED AT 6:35 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson June 12, 2002
Assistant Council Secretary
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