Minutes 12-22-2004Page 1 of 10
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, December 22, 2004 - 3:30 p.m.
PUBLIC HEARINGS - 5:30 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
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
REMINDER: THERE WILL NOT BE A MEETING ON DECEMBER 29, THE FIFTH WEDNESDAY
OF THE MONTH.
Present - 7 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 0
CONSENT AGENDA (Items I - 34)
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
The following communication was read into the record:
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 Emerald Street LLC to rezone property
from I1 Industrial to TN3 Traditional Neighborhood for a residential mixed -use development at 2650
University Avenue, between Curfew and Emerald Streets.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010
Page 2 of 10
Claims of Kimberly Anderson, Catherine Guzik, and Sharhonda Roberts.
Referred to Risk Management
2.Letters from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
Code Enforcement, declaring 1011 Burns Avenue, 1774 Norfolk Avenue, 1080 Park Street, and 600
Selby Avenue as nuisance properties and setting date of Legislative Hearings for December 28, 2004 and
City Council Hearings for January 5, 2005.
3.Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on January 7, 2005 at 9:30 a.m., Room 41 City Hall, to consider all licenses held by M. Reaney, Inc.,
d/b /a Reaney's Bar, 870 Payne Avenue.
4. Administrative Orders:
D00245 3 Implementing the department General Fund budget changes under the PC Replacement
Program.
D002454Moving spending budgets to the Operating Transfer to General Fund object code to pay for PC
Replacement acquisitions for 2004 in the Public Works Administration Fund.
D00245 5 Transferring unspent salary dollars to cover computer supply expenditures in the Public Works
Administration Fund Computer Services Activity.
Noted as on file in the City Clerk's Office
FOR ACTION
5.Resolution - 04 -1188 - Approving the appointment of David Lanegran, by Mayor Kelly, to the Capitol
Area Architectural Planning Board.
AdoptedYeas - 7Nays - 0
6.Resolution - 04 -1189 - Approving the appointment of Councilmember Pat Harris, by Mayor Kelly, to
the Ramsey County League of Local Government Board of Directors.
AdoptedYeas - 7Nays - 0
7.Resolution - 04 -1190 - Approving the appointments of Marty Strub and Ong Yang, by Mayor Kelly, to
the Public Housing Agency Board.
AdoptedYeas - 7Nays - 0
8.Resolution - 04 -1191 - Approving the appointment of Jill Harmom, by Mayor Kelly, to the Ramsey
Action Program Board of Directors.
AdoptedYeas - 7Nays - 0
9.Resolution - 04 -1192 - Approving the appointment of Katherine Cole and the reappointments of Lisa
Agrimonti, Patrick Ruble, and Sgt. John Wright, by Mayor Kelly, to the Saint Paul Police Civilian
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010
Page 3 of 10
Review Commission.
AdoptedYeas - 7Nays - 0
10. Resolution - 04 -1193 - Approving the appointments of Larry Dandrea, John Dunkley, Julie
Shortridge, Michael Steward, and Miriam (Remi) Stone, and the reappointments of Frank Caulfield,
Floyd Jaehnert, Paul Savage, and Gary Unger, by Mayor Kelly, to the Capital Improvement Budget
Committee.
AdoptedYeas - 7Nays - 0
I l Resolution - 04 -1194 - Authorizing Library staff to apply for a State LSTA grant up to $30,000 for a
project to assist "Individuals with limited English proficiency" and enter into the necessary agreements.
AdoptedYeas - 7Nays - 0
12.Resolution - 04 -1195 - Authorizing the City to enter into a memorandum of understanding with the
Polk County Sheriff's Department to actively participate with the Internet Crimes Against Children Task
Force of the St. Paul Police Department.
AdoptedYeas - 7Nays - 0
13.Resolution - 04 -1196 - Approving adverse action against the Cigarette /Tobacco License held by
Haben and Helen Food and Tobacco, Inc. d/b /a East St. Paul Market, 1019 Arcade Street.
AdoptedYeas - 7Nays - 0
14.Resolution - 04 -1197 - Approving adverse action against the Taxicab Vehicle License held by
American Taxicab Service Corporation d /b /a Americab, 137 Mount Airy Street.
AdoptedYeas - 7Nays - 0
15.Resolution - 04 -1198 - Amending the spending and financing plans of the 2004 Sewer Rehabilitation
Program and the 2004 Major Sewer Repair Program.
AdoptedYeas - 7Nays - 0
16.Resolution - 04 -1199 - Deleting the assessment for boarding -up charges against 529 Bay Street.
AdoptedYeas - 7Nays - 0
17.Resolution - 04 -1200 - Deleting assessments for properties at 950 DeSoto Street, 270 Charles Avenue,
and 1940 Case Avenue. (File Nos. J0401E, J0402E, J0403E) AdoptedYeas - 7Nays - 0
18.Resolution - 04 -1201 - Amending the spending and financing plan of the 2003 Sewer Rehabilitation
program by transferring funding from the 1998, 1999 and 2000 Major Sewer Repair programs.
AdoptedYeas - 7Nays - 0
19.Resolution - 04 -1202 - Authorizing reallocation of funds from the Bruce Vento Nature Sanctuary
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010
Page 4 of 10
(Phase I) project to the Lower Phalen Creek Trail project.
AdoptedYeas - 7Nays - 0
20.Resolution - 04 -1203 - Authorizing a spending and financing plan in the Division of Parks and
Recreation for the 2004 Capital City Lights program.
AdoptedYeas - 7Nays - 0
21.Resolution - 04 -1204 - Authorizing a spending and financing plan in the Division of Parks and
Recreation for additional funds to be received from the School District in support of the Community
Education Program.
AdoptedYeas - 7Nays - 0
22.Resolution - 04 -1205 - Accepting donations from the Summit Avenue Residential Preservation
Association in the amount of $1,600.00 and from the Garden Club of Ramsey County in the amount of
$600.00 for the 2004 Blooming Saint Paul Project.
AdoptedYeas - 7Nays - 0
23.Resolution - 04 -1206 - Accepting donations received from Mr. Clifford Timm in the amounts of
$8,000.00 and $24,000.00 for making improvements to Pickerel Lake.
AdoptedYeas - 7Nays - 0
24.Resolution - 04 -1207 - Approving agreements with Highland District Council for the design,
fabrication, and installation of two interpretive elements /map table and Native American interpretive
panel to be placed in Two Rivers Overlook.
AdoptedYeas - 7Nays - 0
25.Resolution - 04 -1208 - Revoking the rental registration certificate for property at 1024 Central Avenue
West registered to Beverly and Calvin Burton.
AdoptedYeas - 7Nays - 0
26.Resolution - 04 -1209 - Revoking the rental registration certificate for property at 941 Edmund Avenue
registered to Sharon Kohlenberger and others if listed.
AdoptedYeas - 7Nays - 0
27.Resolution - 04 -1210 - Revoking the rental registration certificate for property at 423 Fairview
Avenue North registered to Carrie and Trey G. Simmonds.
AdoptedYeas - 7Nays - 0
28.Resolution - 04 -1211 - Revoking the rental registration certificate for property at 301 Lafond Avenue
registered to Chao Lee and Chao Pha.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010
Page 5 of 10
AdoptedYeas - 7Nays - 0
29.Resolution - 04 -1212 - Revoking the rental registration certificate for property at 1173 Margaret Street
registered to Kong Xiong.
AdoptedYeas - 7Nays - 0
30.Resolution - 04 -1213 - Revoking the rental registration certificate for property at 517 Minnehaha
Avenue East registered to Kenneth Krahn/Co First Choice Rental.
AdoptedYeas - 7Nays - 0
31.Resolution - 04 -1214 - Revoking the rental registration certificate for property at 1146 Ross Avenue
registered to Abdul L. Sannie Ariyibi.
AdoptedYeas - 7Nays - 0
32.Resolution - 04 -1215 - Revoking the rental registration certificate for property at 1360 Taylor Avenue
registered to Andrew L. Dick.
AdoptedYeas - 7Nays - 0
33.Resolution - 04 -1216 - Revoking the rental registration certificate for property at 754 University
Avenue West registered to May Pa Lee.
AdoptedYeas - 7Nays - 0
34.Resolution - 04 -1217 - Revoking the rental registration certificate for property at 548 Van Buren
Avenue registered to Moua Lee and Sheng Lee.
AdoptedYeas - 7Nays - 0
FOR DISCUSSION
35.Resolution - 04 -1070 - Approving adverse action against the second hand dealer license held by Ker
Vang, d/b /a MC Auto Repair & Tire Service, 1202 Dale Street North. (Laid over from December 8)
AdoptedYeas - 7Nays - 0
36.Resolution - 04 -1185 - Requesting Public Art Saint Paul work to develop recommendations on public
art policy. (Introduced and laid over from December 15)
AdoptedYeas - 7Nays - 0
37.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 15)
Laid over to January 5Yeas - 7Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010
Page 6 of 10
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W 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 PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
38.Final Adoption - 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
intersection of new Shepard Road and Randolph Avenue.
AdoptedYeas - 7Nays - 0
39.Third 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 January 5 for final adoption
40.First Reading - 04 -1218 - An ordinance amending Chapter 33 of the Saint Paul Administrative Code
to change the City's mileage reimbursement program to be in compliance with IRS regulations.
Laid over to January 5 for second reading
41.First Reading - 04 -1219 - An ordinance amending Chapter 51 of the Saint Paul Legislative Code to
reinsert omitted language pertaining to rental dwelling unit registration.
Laid over to January 5, 2005 for second reading
42.First Reading - 04 -1220- An ordinance amending Chapter 57 of the Saint Paul Administrative Code to
require status reports regarding approved capital projects and amending procedures for projects greater or
less than appropriation.
Laid over to January 5, 2005 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
43.Resolution - 04 -1221 - Ordering the owner to remove or repair the building(s) at 1050 Hague Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner 180 90 days to complete the rehabilitation provided the following is completed by noon on
December 22: 1) a work plan is submitted showing how all items on the Code Compliance Inspection
Report will be completed; and 2) documents are submitted showing the financial capacity to execute the
work plan.)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
44.Resolution - 04 -1222 - Ordering the owner to remove or repair the building(s) at 697 Virginia Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010
Page 7 of 10
the owner 180 90 days to complete the rehabilitation provided the following is completed by noon on
December 22: 1) a work plan is submitted showing how all items on the Code Compliance Inspection
Report will be completed; 2) documents are submitted showing the financial capacity to execute the work
plan; and 3) the vacant building fees are paid.)
Adopted as amended (remove or repair within 15 days per the recommendation of the Legislative
Hearing Officer) Yeas - 7 Nays - 0
Councilmember Thune was not present for the votes on items 45 -61.
45.Resolution - 04 -1040 - Ordering the owner to remove or repair the building(s) at 946 Fuller Avenue
within fifteen (15) days from adoption of resolution. (Laid over from November 17) (Legislative Hearing
Officer's recommends granting the owner 180 days to complete the rehabilitation provided the following
is completed by noon on December 21: 1) a work plan is submitted showing how all the items on the
Code Compliance Inspection Report will be completed; 2) documents are submitted showing the
financial capacity to execute the work plan; and 3) a $2,000 bond is posted.)
Adopted as amended (with an order to remove or repair within 30 days)
Yeas - 6Nays - 0
46.Resolution - 04 -1223 - Ordering the owner to remove or repair the building(s) at 129 Sycamore Street
West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
amending the resolution to remove or repair within 45 days)
Adopted as amended (remove within 45 days) Yeas - 6Nays - 0
47.Resolution - 04 -1224 - Amending Council File 04 -459 and granting the owners 180 days to complete
rehabilitation of the property at 1956 Feronia Avenue.
Substitute introduced and adoptedYeas - 6Nays - 0
48.Appeal of Paul Breckman to a summary abatement order for property at 55 Front Avenue. (Legislative
Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 6Nays - 0
49.Appeal of James Brooks to a summary abatement order for property at 1833 Fairmount Avenue.
(Legislative Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 6Nays - 0
50.Appeal of Maria Martinez to a summary abatement order for property at 335 Hazelwood Avenue.
(Legislative Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 6Nays - 0
51.Appeal of Thomas Kachelmyer to a summary abatement order for property at 1619 Margaret Street.
(Legislative Hearing Officer recommends denying the appeal and granting an extension to March 25,
2005 to bring the property into compliance.)
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010
Page 8 of 10
Appeal denied and extension granted Yeas - 6Nays - 0
52.Third Reading - 04 -1111 - An ordinance amending Saint Paul Legislative Code §61.302 entitled
"Application forms and fees" by adding new language which changes the fees charged by the
Departments of License, Inspection and Environmental Protection and Planning and Economic
Development for certain zoning applications and collected for the purpose of defraying the costs
associated with processing, preparing and presenting zoning applications to City agencies.
Laid over to January 5 for final adoption
53.Resolution - 04 -1225 - Approving a Single Family Housing Finance Program to be financed by the
issuance of single family mortgage revenue bonds and mortgage credit certificates.
AdoptedYeas - 6Nays - 0
54.Resolution - 04 -1226 - Increasing the Sewer Availability Charge (SAC) from $1,350 per SAC to
$1,450 per SAC beginning January 1, 2005.
AdoptedYeas - 6Nays - 0
55.Resolution - 04 -1227 - Approving the petition of David Thorton to vacate a portion of Galtier Street
between Ivy Avenue and the Burlington Northern Santa Fe Railroad in order to landscape the area.
AdoptedYeas - 6Nays - 0
56.Resolution - 04 -1228 - Approving the petition of Martin Art Bustad to vacate a portion of West Idaho
Avenue between Cumberland Street and Western Avenue in order to create a building site.
AdoptedYeas - 6Nays - 0
57.Resolution - 04 -1229 - Approving the petition of the City to vacate portions of Sibley Street north of
Tenth Street to help develop the area east of the Embassy Suites and west of the new District Energy site.
AdoptedYeas - 6Nays - 0
58.Resolution - 04 -1230 - 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)
AdoptedYeas - 6Nays - 0
59.Resolution - 04 -1231 - Approving the diversion of city park property located southwest of Spring and
Chestnut Streets in the Upper Landing Urban Village. (File No. 39 -2004)
AdoptedYeas - 6Nays - 0
60.Resolution - 04 -1232 - Approving the diversion of city park property located immediately north of
property owned by Island Station, LLC at 437 Shepard Road. (File No. 40 -2004)
AdoptedYeas - 6Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010
Page 9 of 10
61.Public hearing 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. (File No. 03- 396 -285)
Motion of Intent - Application grantedYeas - 6Nays - 0
(See Suspension Item 04 -1237)
Suspension Items
Resolution - 04 -1233 - Approving a lobbying contract pursuant to St. Paul Administrative Code Chapter
45.
Introduced and laid over to January 5Yeas - 7Nays - 0
Resolution - 04 -1234 - Relating to the expansion of wireless and other high speed, broadband internet and
other telecommunications access opportunities for private businesses, institutions and the general public
of Saint Paul.
Introduced and laid over to January 5Yeas - 7Nays - 0
Resolution - 04 -1235 - Appropriating $210,000 of the $300,000 vetoed by the Mayor in the 2005 City
Council approved budget.
AdoptedYeas - 7Nays - 0
Resolution - 04 -1236 - Establishing a process for informing HRA Commissioners about and tracking the
progress of economic development activities in the City of Saint Paul.
AdoptedYeas - 7Nays - 0
Resolution - 04 -1237 - Memorializing City Council action taken December 22, 2004 approving 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.
AdoptedYeas - 6Nays - 0 (Thune not present for vote)
Recalled Item
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 December 15, 2004).
Recalled and laid over to January 5
The City Council requested a report from the administration regarding the "Request for Price" from
qualified consultants to assist the City in doing an assessment of options and implementation plan for a
City 311 system be placed on the January 5, 2005 City Council agenda.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010
Page 10 of 10
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. in., 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. in., Sundays at 5:30 p. in., 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.
fi1eJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164900\Minutes 12... 12/15/2010