Minutes 4-28-2004Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, April 28, 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
Mary Erickson - 651- 266 -8565 Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
Present - 7 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 0
CONSENT AGENDA (Items I - 24)
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 Steven Dorn, Angela Kloos & Son - Joseph Garcia - Kloos, Steve Maull, Marshall
Mullenbach, Cynthia Nicholson, Dylan Semler, and Kathryn Stang.
Referred to the Risk Management Division
2. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 5, 2004, to consider the application of Marlin Broberg to rezone property
at 337 Atwater Street, between Farrington and Western, from RM -2 (Multi - family Residential) to I -1
(Industrial) to provide off - street parking and storage of equipment and supplies.
2a. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 5, 2004, to consider the application of Alfred & Hoyoko Yahanda to
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rezone property from RM -1 (Multiple - Family Residential) to B -2 Community Business at 1435
Cleveland Avenue North, southwest corner at Buford.
2b. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 5, 2004, to consider the application of R & N Corporation (Saxon Ford)
to rezone property at 250 & 262 Sherburne Avenue, between Farrington and Galtier, from RT -1 (Two -
Family Residential) to B -3 (General Business) to expand the existing business and add parking.
3. Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
Code Enforcement, indicating the City's intent to revoke the registration certificate for 289 Moore Street
unless an appeal is filed within ten (10) days from the date of notice.
4. Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
Code Enforcement, indicating the City's intent to revoke the registration certificate for 473 Smith Avenue
North unless an appeal is filed within ten (10) days from the date of notice.
5. Letters from the Office of the City Attorney announcing Notice of Intent to Revoke Provisional
Operator Status (provisional taxicab driver's license) of the following individuals for failure to enroll in
and /or successfully complete the taxicab driver training course pursuant to the Saint Paul Legislative
Code: Ahmed Mohamed Admed, Abdihamid Ali, Willliam Baier, Sr., Patrick Dzieweczynski, Harold
Frederick, Lorenzo Hudson, Charles Ihekoronye, Chester Landers, Curt Lindberg, Tommy McDonald,
Abdi Osman, Matthew Taylor, and Scott Tonsberg, Raymond Valley, Steven Wothe Sr., Mohaned
Youssouf.
6. Letter from Patrick Hill submitting a petition to amend the St. Paul City Charter with regard to
financing professional sports facilities.
7. Administrative Orders:
D002402 Adjusting the 2003 year -end Department of Fire and Safety and Services' General Fund
Activities.
D002403 Approving funding, not to exceed $4,000, for the Division of Parks and Recreation's
Recreation Services 2003 Volunteer Recognition Events to be held in Spring 2004.
D002404 Transferring budget authority to provide sufficient funding at the budgetary control level of the
Parks and Recreation's 2003 General Fund.
Noted as on file in the City Clerk's Office
FOR ACTION
8. Approval of minutes of March 24, April 7 & 14, 2004.
Adopted Yeas - 7 Nays - 0
9. Resolution - 04 -437 - Approving the license application with conditions, per the Legislative Hearing
Officer, for Gas Station, Retail Food (B)- Grocery, and Cigarette /Tobacco License by W & S Amoco of
Shoreview, dba Maryland BP, 1200 White Bear Avenue North.
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Adopted Yeas - 7 Nays - 0
10. Resolution - 04 -438 - Establishing the rate of pay for the new class titled Parks and Recreation Design
Manager in Grade 26 of the Saint Paul Supervisory Organization Bargaining Unit 09, Salary Schedule.
Adopted Yeas - 7 Nays - 0
11. Resolution - 04 -439 - Approving a revised final plat for Upper Landing Village. AdoptedYeas -
7Nays - 0
12. Resolution - 04 -440 - Revoking the rental registration certificate for property at 270 Charles Avenue
registered to Selwin Ortega.
Adopted Yeas - 7 Nays - 0
13. Resolution - 04 -441 - Authorizing the Minnesota Pollution Control Agency to execute Phase I and
Phase II Environmental Site Assessments at Pickerel Lake in Lilydale Regional Park.
Adopted Yeas - 7 Nays - 0
14. Resolution - 04 -442 - Granting permission for the City Employee Services Committee to solicit and
accept donations on behalf of the City to help finance
the 2004 City Picnic on August 12 10, 2004, at Como Regional Park and declaring it a public purpose.
Adopted Yeas - 7 Nays - 0
15. Resolution - 04 -443 - Authorizing the proper City officials, upon receipt of the $3,000 bid price, to
convey by quit -claim deed title to vacant land in Blocks 1
and 4, Butterfield Syndicate No. 2, and vacated street and alley accruing thereto vacated by C.F. 03 -1033,
to Uniforms Unlimited at Dale and Front Street.
Adopted Yeas - 7 Nays - 0
16. Resolution - 04 -444 - Amending the appropriate CDBG budget and Capital Project activities in order
to implement the City Council's decision (C.F. 03 -1087) allocating $604,000 of prior years' Community
Development Block Grant funds to the Wellstone Center for Community Building project.
Adopted Yeas - 7 Nays - 0
17. Resolution - 04 -445 - Allocating $100,000 in CIB funding for improvements to Ramsey County's
Gustafson- Phalen Ice Arena.
Laid over to May 5 Yeas - 7 Nays - 0
18. Resolution - 04 -446 - Amending the budget for 1996 Capital Improvement Bonds. AdoptedYeas -
7Nays - 0
19. Resolution - 04 -447 - Rescinding Council File 01 -1102 and removing the pending assessment for
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1669 Arcade Street as the property owner has decided not to use City financing for a fire protection
system.
Adopted Yeas - 7 Nays - 0
20. Resolution - 04 -448 - Authorizing acceptance of a temporary construction easement for property
acquired by the City on behalf of Ramsey County to provide for the County's construction of a traffic
signal and left -turn lanes at the intersection of McKnight Road and Lower Afton Road.
Adopted Yeas - 7 Nays - 0
21. Resolution - 04 -449 - Authorizing acceptance of permanent and temporary easements for property
acquired by the City on behalf of Ramsey County to provide for the County's construction of a traffic
signal and left -turn lanes at the intersection of McKnight Road and Lower Afton Road.
Adopted Yeas - 7 Nays - 0
22. Resolution - 04 -450- Authorizing the Police Department to enter into an agreement with the Federal
Bureau of Investigations to continue participation in the Joint Terrorism Task Force from October 1,
2003 through September 30, 2004.
Adopted Yeas - 7 Nays - 0
23. Resolution - 04 -451 - Authorizing the Police Department to enter into an agreement with the Federal
Bureau of Investigations to continue participation in the Minnesota Violent Crimes /Fugitive Task Force
from October 1, 2003 through September 30, 2004.
Adopted Yeas - 7 Nays - 0
24. Resolution - 04 -452 - Authorizing the Police Department to accept a Pen -Link Analysis Software
donation from the Office of National Drug Control Policy, Counterdrug Technology Assessment Center.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
25. Resolution - 04 -329 - Supporting State Bonding for the Ordway Center for the Performing Arts. (Laid
over from March 24)
Resolution was adopted on March 24 and on the agenda in error.
26. Resolution - 04 -405 - Approving the appointments of Bill Fritts, Nancy Hendrickson, David
MacKenzie, and Allan Zolin, by Mayor Kelly, to the Workforce Investment Board. (Amended and laid
over April 14)
Substitute introduced, amended and adopted Yeas - 7 Nays - 0
27. Resolution - 04 -425 - Authorizing the reallocation of spending authority from the 2004 Swede
Hollow Acquisition project to the 2003 Jimmy Lee Recreation Center Acquisition project. (Laid over
from April 21)
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Substitute introduced, amended and adopted Yeas - 7 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 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
None
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
28. Third Reading - 04 -316 - Establishing procedures for city employees relative to the immigration
status of persons seeking city employment or services.
(Laid over April 7 for continuation of public hearing)
Substitute introduced and laid over to May 5 for final adoption
Yeas - 7 Nays - 0
29. Third Reading - 04 -349 - Amending Chapter 33 of the Saint Paul Legislative Code entitled `Building
Code and Inspection" pertaining to the fees charged for the inspection and renewal of Certificates of
Occupancy by the Fire Marshal.
Laid over to May 5 for final adoption
30. Third Reading - 04 -396 - An ordinance preserving the status quo with respect to the use of property in
the West 7th - Randolph - A.D.M. area. (Amended and laid over from April 14)
Laid over to May 5 for final adoption
31. Resolution - 04 -453 - Approving District Cooling's request to amend the Fiscal Year 2004 cooling
customer billing rates.
Laid over to May 5 Yeas - 7 Nays - 0
32. Resolution - 04 -454 - Authorizing the modification of the Tax Increment Financing Plan for the
Block 4 Redevelopment Tax Increment Financing District.
Adopted Yeas - 7 Nays - 0
The City Council meeting was recessed and the HRA meeting reconvened to the consider the following
resolution:
Resolution of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, Providing
for the Refinancing of the Tax Increment Revenue Note, Series 1997, the Issuance of Additional Tax
Increment Debt; the Execution of a First Amendment to Development Agreement with Minnesota Life
Insurance Company Relating to Block 4; and the Amendment to the Block 4 Tax Increment Plan, District
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17. (04- 4/28 -5)
Adopted Yeas - 7 Nays - 0
33. Resolution - 04 -455 - Approving the petition of Ken Lang to vacate the alley between Block 11 and
Block 13 between the properties at 2050 and 2070 Oakridge Street for the purpose of greenspace. (File
No. 18 -2003)
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
34. Resolution - 04 -456 - Approving the petition of the Housing and Redevelopment Authority to vacate
the east half of the alley in the block bounded by University, Dale, Aurora and St. Albans in order to
develop a new library and new housing. (File No. 04 -2004)
Laid over to May 12 Yeas - 7 Nays - 0
35. Resolution - 04 -457 - Approving the petition of Western State Bank, 663 University Avenue to vacate
part of the alley to facilitate improvements to the banking facilities. (File No. 07 -2004)
Amended and laid over to May 5 Yeas - 7 Nays - 0
36. Resolution - 04 -458 - Approving the petition of Richard Adams to vacate Jessamine Avenue East
from Hazel Street to the west, to the west property line
of the Chicago, St Paul, Minneapolis and Omaha Railroad for the purpose of greenspace. (File No. 22-
2003)
Laid over to May 5 Yeas - 7 Nays - 0
37. Resolution - 04 -328 - Deleting the assessment for property clean up at 827 Van Buren Avenue. (File
No. J0307A5YR) (Laid over from March 24) (Legislative Hearing Officer recommends deleting the
assessment)
Adopted Yeas - 7 Nays - 0
38. Resolution - 04 -399 - Ordering the owner to remove or repair the building(s) at 785 Butternut Avenue
within fifteen (15) days from adoption of resolution. (Laid over from April 7) (Legislative Hearing
Officer recommends laying over to the April 27 Legislative Hearings and the May 5 City Council
Hearings)
Referred back to a Legislative Hearing on May 11 and to the May 26 City Council Meeting for
continuation of the public hearing
Yeas - 7 Nays - 0
39. Resolution - 04 -459 - Ordering the owner to remove or repair the building(s) at 1956 Feronia Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the April 27 Legislative Hearings and the May 5 City Council Hearings)
Laid over to May 26 for public hearing Yeas - 5 Nays - 0 (Harris and Thune not present for vote
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40. Resolution - 04 -460 - Ordering the owner to remove or repair the building(s) at 635 Western Avenue
North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the June 8 Legislative Hearings and the June 23 City Council Hearings)
Laid over to June 23 Yeas - 5 Nays - 0 (Harris and Thune not
present for vote)
41. Resolution Ratifying Assessment - 04 -461 - In the mater of the assessment of benefits, cost and
expenses for weekly garbage hauling services for the fourth quarter of 2003 at 1304 Galtier Street
(J03T4QB); and summary abatements (property clean -up) during December 2003 at 1335 Summit
Avenue and 914 Concordia Avenue (J0309A1). (Laid over from March 24) (Legislative Hearing Officer
recommends the following:
1304 Galtier Street - spreading payment of the assessment over a five -year period;
1335 Summit Avenue - laying over to the April 27 Legislative Hearings and the April 28 City Council
Hearings; reducing the assessment from a total of $225 to $125 plus the $70 administrative fees for a
total assessment of $195;
914 Concordia Avenue - recommendation is forthcoming - approval of the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
42. Resolution Ratifying Assessment - 04 -462 - In the matter of the assessment of benefits, cost and
expenses for towing abandoned vehicles from private property during May, June, and July, 2003. (File
4J0304V) (Legislative Hearing Officer recommends the following:
1131 Margaret Street - deleting the assessment;
1595 Van Buren Avenue - approval of the assessment;
935 Arcade Street - the previous owner pay the assessment in full;
1659 East Seventh Street - approval of the assessment;
473 Van Buren Avenue - approval of the assessment;
1039 Wakefield Avenue - approval of the assessment;
367 Geranium Avenue East - laying over to the April 27 Legislative Hearings and the April 28 City
Council Hearings; approval of the assessment;
518 Ohio Street - laying over to the April 27 Legislative Hearings and the April 28 City Council
Hearings; lay over to May 5;
1843 Stillwater Avenue - laying over to the April 27 Legislative Hearings and the April 28 City Council
Hearings; deleting the assessment;
1160 Minnehaha Avenue East - laying over to the April 27 Legislative Hearing and the April 28 City
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Council Hearings) approval of the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
43. Resolution Ratifying Assessment - 04 -463 - In the matter of the assessment of benefits, cost and
expenses for tenant remedy action rehabilitation for property at 123 Acker Street East. (File 4TR0401)
Adopted Yeas - 7 Nays - 0
44. Resolution Ratifying Assessment - 04 -464 - In the matter of the assessment of benefits, cost and
expenses for improving Selby Avenue from Kent Street to Avon Street, and improving Dale Street from
Selby Avenue to approximately 110 feet north of Selby Avenue and approximately 110 feet south of
Selby Avenue. (File No. 1898 1)
Adopted Yeas - 7 Nays - 0
45. Resolution Ratifying Assessment - 04 -465 - In the matter of the assessment of benefits, cost and
expenses for the construction of a twin lantern street lighting system (above standard) on the northwest
side of East Seventh Street from approximately 104 feet northeast of Beech Street to Minnehaha Avenue,
and
the southeast side of East Seventh Street from Beech Street to Mendota Street/Minnehaha Avenue and on
East Seventh Street from Payne Avenue to approximately 260 feet northeast of Payne Avenue. (File No.
18987)
Adopted Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 04 -466 - In the matter of the assessment of benefits, cost and
expenses for the replacement of a lead water service connection as requested by the property owner at
497 Ohio Street. (File No. 03LDSCRPLA)
Adopted Yeas - 7 Nays - 0
47. Final Order - 04 -467 - In the matter of the operation costs of the above standard street lighting system
(single globes) for the year 2004 for the south side of West 5th Street from West 7th Street to
approximately 400 feet east of West 7th to become part of the new Wabasha /St. Peter Area. (File No.
19002)
Adopted Yeas - 7 Nays - 0
48. Resolution 04 -468 - Concerning adverse action against all licenses held by JK Corporation of Saint
Paul d/b /a Depot Bar, 241 Kellogg Boulevard East.
Substitute introduced, amended and adopted
Yeas - 4 Nays - 3 (Benanav, Helgen, Lantry)
49. Resolution - 04 -469 - Concerning adverse action against all licenses held by JKR, Inc., d/b /a Joe &
Stan's, 949 West Seventh Street.
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Substitute introduced, amended and adopted
Yeas - 4 Nays - 3 (Benanav, Helgen, Lantry)
50. Resolution - 04 -470 - Concerning adverse action against all licenses held by Diamond Dewey's, Inc.,
d/b /a Pub East, 1180 Seventh Street East.
Substitute introduced, amended and adopted
Yeas - 4 Nays - 3 (Benanav, Helgen, Lantry)
51. Public hearing to consider the appeal of the District 6 Planning Council to a decision of the Planning
Commission approving a Conditional Use Permit for a six -unit (3 twin homes) cluster development at
1070 Burgess Street (between Lexington and Oxford).
Motion of Intent - Appeal Granted Yeas - 6 Nays - 0 (Benanav not present for vote)
52. Public hearing to consider the application of Headwaters Real Estate to rezone property from RM -2
(multi - family residential) to OS -1 (Office Service) or TN (Traditional Neighborhood - if available) for a
consulting firm office at 585 Grand Avenue, between Oakland Avenue and Dale Street.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
(The property will be rezoned to OS -1 and changed to TN when the TN zoning ordinance takes effect)
Suspension Item
Resolution - 04 -471 - Authorizing the Office of Marketing and Promotions to provide the necessary
resources for the City of Saint Paul to host the 57th Annual Conference of the National Association of
Human Rights Workers to be held at the Radisson Riverfront Hotel on October 1 -7, 2004.
Adopted Yeas - 7 Nays - 0
Website:
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
http://www.ci.stpaul.mn.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. m., 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. m., and 5:30 p. m.; 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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