Minutes 12-15-2004Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, December 15, 2004 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Mary Erickson - 651- 266 -8565
Vicki Sheffer - 651- 266 -8673
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
Present - 7 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 0
CONSENT AGENDA (Items I - 24a)
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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Northern States Power Company, dba Xcel Energy (two claims), Nancy Osborne, Lacey
Pauza, Augustus Sailey Tarphen, and Michelle Wieland.
Referred to Risk Management
2. Summons and Complaint in the matter of Alishea Simes, as parent and natural guardian of Julian
Simes; and Vernoica Jones, as parent and natural guardian of Christopher Jones vs. the City of St. Paul,
et. al.
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Referred to the City Attorney's Office
3. Letter from the Department of Planning and Economic Development announcing
a public hearing before the City Council on December 22, 2004 to consider the application of the St. Paul
Port Authority for a Combined Plat to create two I2 industrial parcels to be known as River Bend
Business Park at 0 Shepard Road area bounded by new Shepard Road, vacated Western and old Shepard
Road.
4. Letter from the Department of Planning and Economic Development announcing
a public hearing before the City Council on January 5, 2005 to consider the application of Gerald Frisch
to rezone property at 119 W. Wheelock Parkway (between Rice and Park Streets) from VP (Vehicular
Parking) to RM2 (Multiple - Family Residential) for a multiple family residential development.
5. Letter from the Real Estate Division announcing a public hearing before the City Council on December
22, 2004 to consider a resolution approving disposal of Parks property which will release interest in a
small strip of park land abutting the North Star Steel site at 1400 Red Rock Road. (File No. 11 -2004)
6. Letter from the Real Estate Division announcing a public hearing before the City Council on December
22, 2004 to consider the petition of the City of Saint Paul to vacate small strips of Sibley Street north of
Tenth Street in order to develop the area east of the Embassy Suites and west of the new District Energy
Facility. (File No. 24 -2004)
7. Letter from the Real Estate Division announcing a public hearing before the City Council on December
22, 2004 to consider the diversion of city park property located southwest of Spring and Chestnut Streets
in the Upper Landing Urban Village. (File No. 39 -2004)
8. Letter from the Real Estate Division announcing a public hearing before the City Council on December
22, 2004 to consider the diversion of city park property located immediately north of property owned by
Island Station, LLC at 437 Shepard Road. (File No. 40 -2004)
9. Letter from Mayor Kelly dated December 6, 2004 announcing his veto of Council File 04 -1108,
Resolution adopting the 2004 Large Neighborhood STAR Loan and Grant Program, adopted by the
Council on November 24, 2004.
10. Administrative Orders:
D002452 Executing a one year extension of Lease Agreement LIB /2 to provide library services in the
West Seventh Community Center.
Noted as on file in the City Clerk's Office
FOR ACTION
11. Approval of Minutes of October 27, November 3, and 10, 2004.
Adopted Yeas - 7 Nays - 0
12. Resolution - 04 -1160 - Approving the decision of the Legislative Hearing Officer on Appeals for
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Letters of Deficiency, Correction Notices and Correction Orders for 935 Childs Road.
Adopted Yeas - 7 Nays - 0
13. Resolution - 04 -1161 - Approving the application for liquor off sale, retail food - grocery, alarm
permit, and cigarette /tobacco licenses by Binh Le, owner, d /b /a Metro Liquor Warehouse, 854 Seventh
Street East.
Substitute introduced and adopted Yeas - 7 Nays - 0
14. Resolution - 04 -1162 - Approving the application with conditions, per the Legislative Hearing
Officer, for liquor on sale -over 200 seats, liquor on sale - Sunday, liquor on sale -2:00 a.m. closing, liquor -
outdoor service area (patio), liquor outdoor service area (sidewalk), entertainment B, restaurant -more
than 12 seats, restaurant add -on bar, and cigarette /tobacco licenses for 242 located at 242 Seventh Street
West.
Substitute introduced and adopted Yeas - 7 Nays - 0
15. Resolution - 04 -1163 - Waiving the distance restrictions for the purpose of issuing an off -sale liquor
license to Metro Liquor Warehouse, Inc., 854 East Seventh Street.
Adopted Yeas - 7 Nays - 0
16. Resolution - 04 -1164 - Supporting state assistance to Ford Motor Company.
Adopted Yeas - 7 Nays - 0
17. Resolution - 04 -1165 - Supporting legislative efforts to increase the Minnesota minimum wage.
Adopted Yeas - 7 Nays - 0
18. Resolution - 04 -1166 - Supporting state assistance to Rock -Tenn Company.
Adopted Yeas - 7 Nays - 0
19. Resolution - 04 -1167 - Supporting state funding for brownfield cleanup and economic development.
Adopted Yeas - 7 Nays - 0
20. Resolution - 04 -1168 - Supporting Saint Paul Regional Water Services' request
for Legislative approval and permitting by the Minnesota Department of Natural Resources to increase
well capacity from 20 million gallons per day to 50 million gallons per day.
Adopted Yeas - 7 Nays - 0
21. Resolution - 04 -1169 - Canceling the assessment to the property owner at 1858 Grand Avenue who
was inadvertently assessed for towing an abandoned vehicle.
Adopted Yeas - 7 Nays - 0
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22. Resolution - 04 -1170 - Authorizing changes to the 2005 Cultural STAR
Guidelines in order to move the application deadline ahead to January 28 and
add a second competitive round in which emergency proposals would be considered.
Adopted Yeas - 7 Nays - 0
23. Resolution - 04 -1171 - Approving "carryforward" of the City's unused 2004 entitlement allocation
(bonding authority) for the purpose of year 2005 qualified residential rental projects.
Adopted Yeas - 7 Nays - 0
24. Resolution - 04 -1172 - Approving a program of including single family mortgage revenue bonds to
provide for the recycling of program monies to make additional loans for low or moderate income
persons and families.
Adopted Yeas - 7 Nays - 0
24a. Resolution - 04 -1180 - Memorializing City Council Action taken December 8, 2004 imposing
adverse action against all licenses held by M. Reaney, Inc., dba Reaney's Bar, 870 Payne Avenue.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
25. Resolution - 04 -1055 - Authorizing the Right -of -Way Maintenance Assessments for 2005 (Public
Hearing held and laid over from November 3).
Substitute introduced and adopted Yeas - 5 Nays - 2 (Benanav, Bostrom)
26. Resolution - 04 -1056 - Approving the proposed 2005 Sanitary Sewer Rates and Storm Sewer System
Charges (Public Hearing held and laid over from November 3).
Adopted Yeas - 7 Nays - 0
27. Resolution - 04 -1057 - Concurring with the action taken by the Board of Water Commissioners
establishing the Water Rates for 2005 (Public Hearing held and laid over from November 3).
Adopted Yeas - 7 Nays - 0
28. Resolution - 04 -1175 - Adopting the 2005 annual tax levy.
Adopted Yeas - 7 Nays - 0
29. Resolution - 04 -1174 - Adopting the 2005 annual budgets.
Adopted Yeas - 5 Nays - 2 (Benanav, Bostrom)
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Amendments were made to the attached document
29a. Resolution - 04 -1181- Adopting the St. Paul HRA property tax levy payable in 2005 and approving
the St. Paul HRA 2005 budget.
Adopted Yeas - 4 Nays - 3 (Bostrom, Harris, Montgomery)
30. Resolution - 04 -1176 - Approving the Board of Water Commissioners' 2005 budget.
Adopted Yeas - 7 Nays - 0
31. Resolution - 04 -1177 - Approving the Saint Paul RiverCentre Authority's 2005 budget.
Adopted Yeas - 7 Nays - 0
32. Resolution - 04 -1178 - Approving the Saint Paul Public Library Agency's 2005 budget.
Substitute introduced and adopted Yeas - 7 Nays - 0
33. Resolution - 04 -1173 - Adopting the 2004 year -end budget adjustments.
Adopted Yeas - 7 Nays - 0
34. Resolution - 04 -1179 - Identifying the City Council's Budget priorities for the Adopted 2005 City
Budget.
Adopted Yeas - 7 Nays - 0
35. Resolution - 04 -897 - Amending the spending and financing plans of the 2004 Maryland Avenue
Bridge and the 2002, 2003, and 2004 MSA Contingency projects by transferring MSA funding to the
White Bear Avenue at 7th Street intersection improvement project. (Laid over from October 6 and
November 3)
Laid over to January 19, 2005 Yeas - 7 Nays - 0
36. Resolution - 04 -1118 - Entering into an agreement with the Burlington Northern and Santa Fe
Railway Company and the Commissioner of Transportation for installation and maintenance of a four -
quadrant railroad flashing light signal gate system with pedestrian gates at the intersection of Como
Avenue with the track of BNSF on Como Avenue southeast of Lake Como. (Laid over from December 1)
Adopted Yeas - 7 Nays - 0
37. Resolution - 04 -1130 - Supporting a new state law involving document production as it relates to
eminent domain. (Substitute introduced and laid over from December 8)
Adopted Yeas - 7 Nays - 0
37a. Resolution - 04 -1182 - Supporting flood protection measures for the St. Paul Airport.
Failed Yeas - 3 Nays - 4 (Benanav, Helgen, Lantry, Thune)
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38. Resolution Ratifying Assessment - 04 -972 - In the matter of the assessment of benefits, cost and
expenses for the demolition of a vacant building (garage) at
1854 Benson Avenue during July 2004. (File No. J0404C) (Public hearing held October 6; laid over from
December 1)
Adopted Yeas - 7 Nays - 0
39. Resolution - 03 -799 - Authorizing the City of Saint Paul, Division of Parks and Recreation, to accept
a monument from the Hamm's Club, Inc. to be placed in Como Park. (Laid over indefinitely January 7,
2004)
Withdrawn
40. Consideration of the application of Riverstone Development to rezone property from R3 (One - Family
Residential) to RT2 (Townhouse Residential) to allow for townhouse development at 397 Hazel Street,
between Wilson Avenue and Hudson Road. (Zoning File No. 04- 165 -087) (Public hearing held, closed,
and laid over from December 1)
Laid over to December 22 Yeas - 7 Nays - 0
41. Consideration of the appeal of Mark Voerding, et al. to a decision of the Board of Zoning Appeals
granting several variances in order to construct a second principle building on the lot at 449 Portland
Avenue. (Public hearing held, closed, and laid over from August 4; November 24 and December 8)
Motion of Intent - Appeal Granted Yeas - 4 Nays - 3 (Bostrom, Harris, Montgomery)
42. Consideration of the appeal of Kurt and Maggie Schwichtenberg to a Board of Zoning Appeals
decision denying three variances in order to construct a garage addition with a dwelling unit to the
existing single family home at 314 Ryan Avenue. (Zoning File No. 04- 195197) (Public hearing held,
closed, and laid over from December 1)
Laid over indefinitely Yeas - 6 Nays - 1 (Montgomery)
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 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
43. Final Adoption - 04 -1093 - An ordinance amending Chapter 310.19 of the Saint Paul Legislative
Code to eliminate the dollar amounts and simply replace them with a discount percentage for those liquor
licensees who provide alcohol awareness training to their staff. (Amended and laid over from December
8)
Adopted Yeas - 7 Nays - 0
44. Third Reading - 04 -1121 - An ordinance memorializing City Council action granting the application
of Island Station LLC to rezone property from I2 (General Industrial) to TN2 (Traditional Neighborhood)
for a residential mixed -use development at 436 Shepard Road (380 Randolph Avenue), SE of the
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intersection of new Shepard Road and Randolph Avenue. (Public hearing held November 3)
Laid over to December 22 for final adoption
45. Second Reading - 04 -1158 - An ordinance memorializing City Council action granting the application
of Marathon Ashland Petroleum to rezone property
from RT1 (Two - Family Residential) to B3 (General Business) to expand an auto convenience market at
852 and 862 Johnson Parkway. (Public hearing held November 17, 2004)
Laid over to December 22 for third reading
Suspension Items:
Resolution - 04 -1183 - Supporting the Saint Paul Bioscience Corridor.
Adopted Yeas - 7 Nays - 0
Resolution - 04 -1184 - Approving the 2005 Legislative Priorities list for the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 04 -1185 - Identifying joint legislative interests of the cities and Saint Paul and Minneapolis.
Adopted Yeas - 7 Nays - 0
Resolution - 04 -1186 - Requesting Public Art Saint Paul work to develop recommendations on public art
policy.
Introduced and laid over to December 22 Yeas - 7 Nays - 0
Resolution - 04 -1187 - Approving the co- naming of Selby Avenue, between Oxford Street and
Chatsworth Street, the additional name of Reverend Dr. Arnold Park Williams Avenue.
Adopted Yeas - 6 Nays - 1 (Helgen)
Council Meeting Information
Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
http: / /www. ci. stpaul. inn. us /council/
Cable
The City Council and Housing and Redevelopment Authority (HRA) Meetings are cablecasted live on
Channel 18 and repeated on Thursdays at 7:00 p. in., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m.
(Subject to change). Also, the City Council and HRA Agendas are cablecasted on Saturdays at 8:00 a.m.
and 7:30 p.m., Sundays at 5:30 p.m., Mondays at 8:00 a.m. 1:30 p. in., and 5:30 p. in.; Tuesdays at 8:00
a.m., and 5:30 p.m.; and Wednesdays at 8:00 a.m. and 1:30 p.m.
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