Minutes 4-7-2004Page 1 of 10
ACTION MINUTES OF
THE SAINT PAUL CITY COUNCIL
Wednesday, April 7, 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
Vicki Sheffer - 651- 266 -8673
Office of the City Council
Present - 5 - Benanav, Bostrom, Harris, Helgen, Lantry
Absent - 2 - Montgomery, Thune (arrived after the Consent Agenda)
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
CONSENT AGENDA (Items 1 - 44)
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 Annie Aaron, Lindsey Ballantine, Gary Binns, Eddie Black, Eric Caraway, Jacquline
Caraway, Todd Feroni, Philip & Sharon Fuehrer, Jeanne Gehrman, Lynn Grote, Peter Herr, Robert
Hofineister, Cheng Lor, Theresa McDonald, Lawrence Montgomery, and Beth Tressler.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Raymond Walker, o /b /o his minor son Ramie Walker vs. the
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City of Saint Paul, et al.
Referred to the City Attorney's Office
3. Summons and Complaint for Declaratory Judgment in the matter of Summit Avenue Residential
Preservation Association vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Summons in the Matter of the Application of Irene and James Goldberg to register title to the
following described real estate in Ramsey County: the northeasterly half of Lot 93, Hewitt's Outlots, First
Division, and the northwesterly 5 feet of the northeasterly 132 feet, measured at right angles of Lot 94,
Hewitt's Outlots, First Division.
Referred to the City Attorney's Office
5. Notice of Claim in the matter of Kelly Brisson vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
6. Notice of Filing of Order and Order of Dismissal Without Prejudice in the matter of the condemnation
of certain real property located in the City of Saint Paul, County of Ramsey, State of Minnesota for the
Phalen Corridor Project.
Referred to the City Attorney's Office
7. Letters from the Department of Neighborhood Housing & Property Improvement declaring 1956
Feronia Avenue and 635 Western Avenue North as nuisance properties and setting date of Legislative
Hearing for April 13, 2004, and City Council Hearing for April 28, 2004.
8. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on April 29, 2004, at 9:30 a.m., Room 42 City Hall -Court House, to consider the Liquor/Restaurant
License held by Soldi, Inc., dba LaGrolla, 452 Selby Avenue.
8a. Communication from Marcia Moermond, Franchise Team Member, requesting a public hearing
before the City Council on April 28, 2004, to consider District Cooling's request for a cooling rate
increase pursuant to Chapter 16 of the Saint Paul City Charter.
8b. Communication from Marcia Moermond, Franchise Team Member, requesting a public hearing
before the City Council on May 5, 2004, to consider District Energy's request for a heating rate increase
pursuant to Chapter 16 of the Saint Paul City Charter.
8c. Communication from Marcia Moermond, Franchise Team Member, requesting a public hearing
before the City Council on May 5, 2004, to consider the Energy Park Energy System - Port Authority
request for a rate increase pursuant to Chapter 16 of the Saint Paul City Charter.
9. Administrative Orders:
D002381 Authorizing the Department of Public Works to renew Lease Agreement PW /47 providing
garden plots at Hamline Avenue and Pierce Butler Route for neighborhood residents for another year.
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D002382 Approving the transfer of budgeted line items in the Police Department's 2003 spending budget
for special revenue fund 400.
D002383 Approving the transfer of budgeted line items in the Police Department's 2003 spending budget
for special revenue fund 436.
D002384 Approving payment, not to exceed $3,500.00, for two Internet Crimes Against Children task
force participants (non -city employees) to attend Encase training in Buffalo, MN on May 25 -28, 2004.
D002385 Transferring budget money to provide sufficient funding at the budgetary control levels of the
Police Department's 2003 General Fund Budget.
D002386 Authorizing the Department of Libraries to hold a recognition program for adults and youth at
the Saint Paul Radisson on May 11, 2004, using monies received from The Friends of the Saint Paul
Public Library to pay for the event.
Noted as on file in the City Clerk's Office
FOR ACTION
10. Approval of minutes of March 3, 10, and 17, 2004.
Adopted Yeas - 5 Nays - 0
11. Resolution - 04 -362 - Reallocating $100,000 from completed or canceled Neighborhood STAR
projects' excess balances to the Indoor Farmers' Market Project and increasing the Indoor Farmers'
Market capital project budget for $900,000 in private donations.
Laid over to April 14 Yeas - 5 Nays - 0
12. Resolution - 04 -363 - Authorizing the Department of Fire and Safety Services to accept a donation of
$500.00 from Applebee's.
Adopted Yeas - 5 Nays - 0
13. Resolution - 04 -364 - Amending the 2004 budget for the Office of Cable Communications to add
$522,000 to its revenue and spending plan per Council File 03 -1071, a Settlement Agreement with
Comcast.
Adopted Yeas - 7 Nays - 0
14. Resolution - 04 -365 - Prohibiting the issuance or approval of zoning and building permits, plat
approvals or lot splits on any parcel of land or part thereof within the areas of the West 7th - Randolph -
A.D.M. Study area until the expiration of twelve months as provided in Minn. Stat §462.355, Subd. (4),
or until such earlier time as the Council of the City of Saint Paul has taken action on the
recommendations contained in the study.
Adopted Yeas - 5 Nays - 0
15. Resolution - 04 -366 - Supporting federal assistance for building renovation for the Conservatory of
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Performing Arts School.
Adopted Yeas - 7 Nays - 0
16. Resolution - 04 -367 - Supporting the renovation of the Union Depot.
Adopted Yeas - 5 Nays - 0
17. Resolution - 04 -368 - Supporting State Legislation to provide state bonding of $300,000 to design the
Como Park Zoo renovation.
Withdrawn Yeas - 7 Nays - 0
18. Resolution - 04 -369 - Approving the license application with conditions, per the Legislative Hearing
Officer, for Restaurant (B) -more than 12 seats, Liquor On Sale - Sunday, Liquor On Sale -2:00 a.m.
Closing, Liquor On Sale -over 200 Seats (A), Entertainment (A), and Cigarette /Tobacco Licenses by Dine
A Mite Group LLC, d/b /a Bonfire Woodfire Cooking, 850 Grand Avenue.
Substitute introduced, amended and adopted Yeas - 7 Nays - 0
19. Resolution - 04 -370 - Approving the application with conditions, per the Legislative Hearing Officer,
for GKTC Corporation, dba the Lucky Foxx Bar and Grill, 731 Randolph Avenue.
Adopted Yeas - 5 Nays - 0
20. Resolution - 04 -371 - Approving the decision of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices, and Correction Orders for 1167 Rice Street.
Adopted Yeas - 5 Nays - 0
21. Resolution - 04 -372 - Approving the decisions of the Legislative Hearing Officer on Appeals of
Letters of Deficiency, Correction Notices, and Correction Orders for 1817 Ashland Avenue, 1664
Minnehaha Avenue East, 1051 Stinson Street, 1091 Payne Avenue, 395 James Avenue, and 461 Seventh
Street West.
Adopted Yeas - 5 Nays - 0
22. Resolution - 04 -373 - Deleting the assessment for 944 Euclid Street which was adopted in City
Council File 04 -240 on February 25, 2004.
Adopted Yeas - 5 Nays - 0
23. Resolution - 04 -374 - Memorializing City Council action taken July 23, 2003, denying the application
of Thomas DeLisle to rezone property from OS -1 (Local Office Service District) to B -1 (Local Business
District) to permit a grocery /deli and residential units at 1236 East 7th Street, southwest corner of
Atlantic Street.
Adopted Yeas - 5 Nays - 0
24. Resolution - 04 -375 - Accepting funds from the Metropolitan Council for the Mai Village Project for
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394 University Avenue.
Adopted Yeas - 5 Nays - 0
25. Resolution - 04 -376 - Approving the FY2004 Consolidated Plan (CDBG, ESG, HOME) Submission.
Adopted Yeas - 5 Nays - 0
26. Resolution - 04 -377 - Holding Ramsey County harmless for the Division of Parks and Recreation's
use of the Highland Arena for the Star of the North State Games' figure skating event.
Adopted Yeas - 5 Nays - 0
27. Resolution - 04 -378 - Approving organizations to the 10% Club List of eligible recipients for 2004.
Laid over to April 21 Yeas - 5 Nays - 0
28. Resolution - 04 -379 - Authorizing a spending and financing plan for the settlement received for the
Skygate /Ecolab sculpture.
Adopted Yeas - 5 Nays - 0
29. Resolution - 04 -380 - Accepting a contribution in the amount of $10,000 from the Saint Paul
Foundation's Charles M. Schultz Contingency Fund to be used towards construction of a Starter's Shed
at the reconstructed Highland National Golf Course.
Adopted Yeas - 5 Nays - 0
30. Resolution - 04 -381 - Establishing a spending and financing plan for cost reimbursement received
from the NHL for the adult -size bobble head dolls.
Adopted Yeas - 5 Nays - 0
31. Resolution - 04 -382 - Authorizing the Mayor and Director of Public Works to enter into an agreement
with the Minnesota Department of Transportation for federal aid participation for construction on Phase 2
of the Phalen Boulevard Project.
Adopted Yeas - 5 Nays - 0
32. Resolution - 04 -383 - Authorizing the Mayor and Director of Public Works to enter into an amended
agreement with the Minnesota Department of Transportation for federal aid participation for right -of -way
acquisition on Phase 2 and 3 of the Phalen Boulevard Project.
Adopted Yeas - 5 Nays - 0
33. Resolution - 04 -384 - Authorizing the proper City officials to execute a 5 -year extension of Lease
Agreement PW /13 to provide community garden plots in the Snelling /Hamline neighborhood.
Adopted Yeas - 5 Nays - 0
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34. Resolution - 04 -385 - Dedicating to the Public Housing Agency an access easement on, over and
across that part accruing to the City of vacated Winifred Street adjacent to the Wellstone Center and
accepting the dedication from the Public Housing Agency of an access easement on over and across that
part of said vacated Winifred Street.
Adopted Yeas - 5 Nays - 0
35. Resolution - 04 -386 - Authorizing the proper City officials to accept from Wilkinson Construction
Company and to file with Ramsey County a sidewalk easement and a right -of -way easement at Sheffer
Avenue and the Canadian Pacific Railway right -of -way.
Adopted Yeas - 5 Nays - 0
36. Resolution - 04 -387 - Accepting a quit claim deed to the east 15 feet of Lot 4, Block 15, Bell's
Addition to West St. Paul from the HRA, and to file the deed with Ramsey County.
Adopted Yeas - 5 Nays - 0
37. Resolution - 04 -388 - Authorizing the Police Department to enter into an agreement with Independent
School District 4625 to participate in the School Police Patrol Program.
Adopted Yeas - 5 Nays - 0
38. Resolution - 04 -389 - Authorizing the City of Saint Paul to enter into, and Chief William Finney to
implement, an agreement with the Public Housing Agency of the City of Saint Paul in order to continue
the ACOP Program.
Adopted Yeas - 5 Nays - 0
39. Resolution - 04 -390 - Accepting a 2003 Homeland Security Part 2 Critical Infrastructure Protection
Grant from the Minnesota Department of Public Safety and authorizing the City of Saint Paul to enter
into, and Chief William Finney to implement, an agreement with the Minnesota Department of Public
Safety.
Adopted Yeas - 5 Nays - 0
40. Resolution - 04 -391 - Establishing a 2004 financing and spending plan for the 2003 State Homeland
Security Part 2 Critical Infrastructure Protection Grant awarded to the Police Department.
Adopted Yeas - 5 Nays - 0
41. Resolution - 04 -392 - Accepting a 2003 State Homeland Security Part 2 Equipment Grant from the
State of Minnesota and authorizing the City of Saint Paul to enter into, and Chief William Finney to
implement, an agreement with the Minnesota Department of Public Safety.
Adopted Yeas - 5 Nays - 0
42. Resolution - 04 -393 - Establishing a 2004 financing and spending plan for the 2003 State Homeland
Security Part 2 Equipment Grant awarded to the Police Department.
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Adopted Yeas - 5 Nays - 0
43. Resolution Approving Assessment - 04 -394 - In the matter of the assessment of benefits, cost and
expenses for installation of a Fire Protection System at 180 East Fifth Street (First Trust Center) for
Floors 3, 7, 9 and 13, and setting date of public hearing for May 5, 2004.
Adopted Yeas - 5 Nays - 0
44. Resolution Approving Assessment - 04 -395 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the months of January and February 2004
(J040IA); towing abandoned vehicles from private property from August through November 2003
(J040IV); boarding -up vacant buildings in January and February 2004 (J040IB); and setting date of
Legislative Hearings for May 11, 2004 and City Council Hearings for May 26, 2004.
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
45. Resolution - 04 -303 - Amending the spending and financing plans of the Restoration of the Rivoli
Dump Site, the Road Salt Storage and Heavy Snow Dump projects in the Department of Public Works.
(Laid over from March 17)
Withdrawn Yeas - 7 Nays - 0
46. Resolution - 04 -283 - Resolving that the City of Saint Paul will not relocate any city offices which
currently reside in the downtown business district to any office space outside the downtown district.
(Laid over from March 24)
Laid over to April 14 Yeas - 7 Nays - 0
47. Resolution - 04 -323 - Approving the 2004 Residential Street Vitality Project Areas and tentative
approval of 2005 - 2008 project areas (Laid over from March 24).
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
48. Resolution - 04 -357 - Creating the Mississippi River Critical Area Task Force.
(Laid over from March 24)
Substitute introduced and adopted Yeas - 6 Nays - 0 (Thune not present for vote)
49. Resolution - 04 -358 - Deleting the temporary exclusion of the River Corridor Overlay Districts from
the normal TN Traditional Neighborhood District height provisions. (Laid over from March 24)
Substitute introduced and adopted Yeas - 7 Nays - 0
50. Resolution - 04 -359 - Opposing the Minnesota Constitution amendment prohibiting marriage other
than one man and one woman or the equivalent thereof.
(Laid over from March 24).
Adopted Yeas - 6 Nays - 1 (Bostrom)
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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.
51. Final Adoption - 03 -1028 - An ordinance amending Chapters 60 through 69 of the Saint Paul
Legislative Code pertaining to zoning code reformatting and streamlining, adding Traditional
Neighborhood zoning districts, and related amendments. (Amended and laid over from March 24)
Adopted Yeas - 7 Nays - 0
52. Final Adoption - 04 -267 - An ordinance regulating storm water runoff from construction activities.
Adopted Yeas - 7 Nays - 0
53. Final Adoption - 04 -268 - An ordinance placing the position titled Director of City Council
Operations in the unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter.
Adopted Yeas - 7 Nays - 0
54. Final Adoption - 04 -289- An ordinance amending Chapter 33 of the Saint Paul Legislative Code
concerning Building Code and Inspection to prohibit the installation or use of barbed wire fencing
abutting residentially zoned property or property that is used for residential purposes.
Amended and laid over to April 14 for final adoption
Yeas - 7 Nays - 0
55. Second 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 April 28 for third reading /public hearing
56. First 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.
Laid over to April 14 for second reading
PUBLIC HEARINGS
57. Third Reading - 04 -316 - Establishing procedures for city employees relative to the immigration
status of persons seeking city employment or services.
Public hearing held and laid over to April 28 for continuation of public hearing Yeas - 7Nays - 0
58. Resolution - 04 -350 - Approving the petition of Velmeir Companies to vacate part of the alley in
Block 4, Brightwood Park in order to develop the area for retail purposes. (Laid over from March 24)
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Public hearing closed and laid over to April 21 Yeas - 7 Nays - 0
59. Resolution - 04 -397- Approving the application of Tara Stormen, Assistant Director of Campus
Programs at Macalester College, 1600 Grand Avenue, to allow amplified music for Spring Festival on
April 24, 2004 from noon to 10:00 9:00 p.m. subject to conditions.
Adopted as amended Yeas - 7 Nays - 0
60. Public hearing to consider the petition of the City of Saint Paul, on behalf of the Department of Public
Works, to vacate that part of Hathaway Street lying southeasterly of West Seventh Street and
northwesterly of Adrian Street.
See suspension item Resolution 04 -402.
61. Resolution - 04 -398- Concerning adverse action against all licenses held by Megali, Inc., d/b /a Gabe's
by the Park, 991 Lexington Parkway North.
Adopted as amended Yeas - 4 Nays - 3 (Benanav, Helgen, Lantry)
62. 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. (Legislative Hearing Officer recommends laying
over to the April 13 Legislative Hearing and the April 28 City Council meeting)
Laid over to April 28 Yeas - 7 Nays - 0
63. Resolution Ratifying Assessment - 04 -400 - In the matter of the assessment of benefits, cost and
expenses for providing weekly garbage hauling service for the fourth quarter of 2003 for property at 1139
Beech Street (J03TRASH4Q). (Laid over from March 24) (Legislative Hearing Officer recommends
spreading payment of the assessment over a three -year period)
Legislative Hearing Officer also recommended reducing the assessment from $360 to $260 Adopted
as amended Yeas - 7 Nays - 0
64. Public hearing to consider the appeal of University United to a decision of the Planning Commission
approving the site plan for a new CVS Pharmacy store at 1581 University Avenue.
Public Hearing closed and laid over to April 21 Yeas - 7 Nays - 0
Suspension Items
Resolution - 04 -401 - Supporting the passage of state legislation which restores some or all of the Local
Government Aid (LGA) funding cuts for Saint Paul in 2005 and thereafter.
Adopted Yeas - 7 Nays - 0
Resolution - 04 -402 - Approving the petition of the City of Saint Paul, on behalf of the Department of
Public Works, to vacate that part of Hathaway Street lying southeasterly of West Seventh Street and
northwesterly of Adrian Street.
Adopted Yeas - 7 Nays - 0
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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.
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