Minutes 5-5-2004Page 1 of 8
ACTION MINUTES OF
THE SAINT PAUL CITY COUNCIL
Wednesday, May 5, 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
• Miscellaneous
• Suspension Items
Present - 6 - Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 1 Benanav (arrived shortly after roll call)
CONSENT AGENDA (Items 1 - 27)
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 COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
Claims of A. Margaret Lowell, William Steely, and Jeanette Wickstrom.
Referred to the Risk Management Division
2. Letter from the Department of Neighborhood Housing & Property Improvement declaring 1005
Sherburne Avenue as nuisance property. (For notification purposes only; a public hearing will be held if
necessary.)
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 905 Dayton
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171503\Minutes 5 -... 12/15/2010
Page 2 of 8
Avenue unless an appeal is filed within thirteen (13) 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 711 St. Anthony
Avenue unless an appeal is filed within thirteen (13) days from the date of notice.
FOR ACTION
5. Approval of minutes of April 21, 2004.
Adopted Yeas - 7 Nays - 0
6. Resolution - 04 -472 - Declaring May 9 - 15, 2004 Police Week in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
7. Resolution - 04 -473 - Directing the proper City officials to take the necessary steps to establish a
Plaza de Honor Veteran Memorial on Harriet Island.
Adopted Yeas - 7 Nays - 0
8. Resolution - 04 -474 - Authorizing the Division of Saint Paul Parks and Recreation to enter into an
agreement to provide supervised volunteer opportunities for clients of JVS on the Como Park Zoo and
Conservatory Campus.
Adopted as amended Yeas - 7 Nays - 0
9. Resolution - 04 -475 - Holding Concordia University harmless for its use of the Gangelhoff Center for
the Star of the North State Games Basketball and Volleyball events on June 19 -20 and June 26 -27, 2004.
Adopted Yeas - 7 Nays - 0
10. Resolution - 04 -476 - Authorizing the proper City officials to enter into an agreement with 1930
EPD Corporation to use part of their property for parking
for Saint Paul Saints home games and stadium events in 2004.
Adopted Yeas - 7 Nays - 0
11. Resolution - 04 -477 - Authorizing the proper City officials and staff to enter into
a revised lease agreement with the Saint Paul Yacht Club (SPYC) to operate a marina at Harriet Island
Regional Park.
Adopted Yeas - 7 Nays - 0
12. Resolution - 04 -478 - Memorializing City Council action taken February 4, 2004, granting the
appeal of Harvey Sherman, 89 Mackubin Street, to a decision of the Board of Zoning Appeals granting
several variances in order to convert a 16 -unit apartment building at 501 Ashland Avenue into a 24 -unit
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171503\Minutes 5 -... 12/15/2010
Page 3 of 8
building and construct a new front entry.
Adopted Yeas - 7 Nays - 0
13. Resolution - 04 -479 - Memorializing City Council action taken January 7, 2004 denying the appeal
of Yang Yang to a decision of the Board of Zoning Appeals denying a variance of the off - street parking
requirements in order to establish a restaurant at 1177 Clarence Street.
Adopted Yeas - 7 Nays - 0
14. Resolution - 04 -480 - Memorializing City Council action taken March 3, 2004, denying the appeal
of Jeremy Shackle, River Run Properties, to a decision of the Board of Zoning Appeals denying two
variances in order to subdivide a parcel at 478 Maryland Avenue West to create a new buildable lot.
Adopted Yeas - 7 Nays - 0
15. Resolution - 04 -481 - Authorizing the City to grant the Minnesota Department of Natural Resources
an option to purchase a conservation easement for the city -owned Trillium /Trout Brook site.
Adopted Yeas - 7 Nays - 0
16. Resolution - 04 -482 - Approving a Cultural STAR grant in the amount of $9,100.00 to the
Minnesota Children's Museum for the Creativity and the
Young Child Initiative.
Adopted Yeas - 7 Nays - 0
17. Resolution - 04 -483 - Approving an agreement to provide the services of Jeremy Lenz to the Capital
City Bioscience Corporation (CCBC) to act as Interim Executive Director of the CCBC for a period of
six months unless otherwise extended by the parties.
Adopted Yeas - 7 Nays - 0
18. Resolution - 04 -484 - Authorizing the Department of Planning and Economic Development to make
application to the Department of Employment and Economic Development and to the Metropolitan
Council for a Contamination Cleanup Grant for the l Oth and Jackson Building.
Adopted Yeas - 7 Nays - 0
19. Resolution - 04 -485 - Authorizing the Department of Planning and Economic Development to make
application to the Department of Employment and Economic Development and to the Metropolitan
Council for a Contamination Cleanup Grant for the Island Station Site.
Adopted Yeas - 7 Nays - 0
20. Resolution - 04 -486 - Authorizing the Department of Planning and Economic Development to make
application to the Department of Employment and Economic Development and to the Metropolitan
Council for a Contamination Cleanup Grant for the Building 17 Site.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171503\Minutes 5 -... 12/15/2010
Page 4 of 8
Adopted Yeas - 7 Nays - 0
21. Resolution - 04 -487 - Authorizing the Department of Planning and Economic Development to make
application to the Metropolitan Council for a Tax Base Revitalization Grant for the Crane - Ordway
Building.
Adopted Yeas - 7 Nays - 0
22. Resolution - 04 -488 - Authorizing the Department of Planning and Economic Development to make
application to the Department of Employment and Economic Development for a Contamination
Investigation Grant for the Jefferson Smurfit Property.
Adopted Yeas - 7 Nays - 0
23. Resolution - 04 -489 - Authorizing the Department of Planning and Economic Development to make
application to the Department of Employment and Economic Development for a Contamination
Investigation Grant for the Hamm's Brewery property.
Adopted Yeas - 7 Nays - 0
24. Resolution - 04 -490 - Revoking the rental registration certificate for property at 289 Moore Street,
registered to John Springer and Chad Ludwig.
Adopted Yeas - 7 Nays - 0
25. Resolution - 04 -491 - Authorizing the proper City officials to enter into an agreement with the
Minnesota Commercial Railway Company for improvement of the existing at -grade railroad crossing on
Kasota Avenue, approximately 800 feet west of T.H. 280.
Adopted Yeas - 7 Nays - 0
26. Resolution - 04 -492 - Approving the renaming of Cayuga Street between Westminster and
Arkwright Streets to Old Cayuga Street.
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 04 -493 - In the matter of acquiring permanent easements for right -of -way
purposes and temporary construction easements for the construction of Phalen Boulevard between
Arcade Street and Johnson Parkway, and setting date of public hearing for May 26, 2004. (File No.
AE2003 -7)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
28. 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 April 21)
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171503\Minutes 5 -... 12/15/2010
Page 5 of 8
Adopted Yeas - 7 Nays - 0
29. Consideration of 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 held
April 7; Laid over from April 21)
See suspension item C.F. 404 -508
30. Resolution - 04 -433 - Modifying Council File 04 -369 and approving with conditions, per the
recommendation of the Legislative Hearing Officer, the application 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 Restaurant Group, LLC, doing
business as Bonfire Woodfire Cooking, 850 Grand Avenue (Laid over from April 21).
Adopted Yeas - 7 Nays - 0
31. Resolution - 04 -445 - Allocating $100,000 in CIB funding for improvements to Ramsey County's
Gustafson- Phalen Ice Arena. (Laid over from April 28)
Laid over to May 12 Yeas - 7 Nays - 0
32. Resolution - 04 -453 - Approving District Cooling's request to amend the Fiscal Year 2004 cooling
customer billing rates. (Public hearing held and laid over from April 28)
Adopted as amended Yeas - 6 Nays - 0 Abstention - 1 (Harris)
33. Resolution - 04 -457 - Approving the petition of Western Bank, 663 University Avenue to vacate part
of the alley to facilitate improvements to the banking facilities. (File No. 07 -2004) (Public hearing held
and laid over from April 28) Adopted Yeas - 7 Nays - 0
34. 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) (Public hearing held and laid over from April 28) Laid over to June 2Yeas - 7Nays - 0
35. Report from Council Research regarding the process and timeline for developing recommendations
on Citizen Participation.
Report presented by Bob Kessler, Council Research
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.
36. Final Adoption - 04 -316 - Establishing procedures for city employees relative to the immigration
status of persons seeking city employment or services.
file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_171503\Minutes 5 -... 12/15/2010
Page 6 of 8
(Substitute introduced April 28)
Adopted Yeas - 6 Nays - 1 (Bostrom)
37. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
38. Final Adoption - 04 -396 - An ordinance preserving the status quo with respect to the use of property
in the West 7th - Randolph - A.D.M. area.
Adopted Yeas - 6 Nays - 1 (Harris)
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
39. Resolution - 04 -494 - Approving District Energy's request to amend their customer billing rates.
Adopted Yeas - 6 Nays - 0 Abstention - 1 (Harris)
40. Resolution - 04 -495 - Approving Saint Paul Port Authority's request to amend their customer billing
rates for the Energy Park Utility from January 1, 2003 through June 30, 2005.
Adopted Yeas - 7 Nays - 0
41. Resolution - 04 -496 - Approving the use of City parkland for private driveway access to Mississippi
River Boulevard South at 1055 Colby Avenue.
Adopted Yeas - 7 Nays - 0
42. Resolution - 04 -497 - Approving the petition of the City of St. Paul on behalf of the Department of
Public Works to vacate a parcel of vacant land at the corner of Scheffer and Pleasant Avenues which
was acquired for construction of Ayd Mill Road, to declare it surplus to City needs, and authorizing and
directing the proper City officials to dispose of said land as provided in the Administrative Code.
(File No. 25 -2003)
Adopted Yeas -7 Nays - 0
43. Resolution - 04 -498 - Approving the petition of the Port Authority of the City of Saint Paul to vacate
the City's interest in part of Westminster, Whitall, Clark, Desoto, Burr, Bradley and Jessie Streets in
order to develop the area.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
44. Resolution Ratifying Assessment - 04 -499 - In the matter of the assessment of benefits, cost and
expenses for towing an abandoned vehicle from 518 Ohio Street. (File 4J0304V) (Laid over from April
28) (Legislative Hearing Officer recommends approval)
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171503\Minutes 5 -... 12/15/2010
Page 7 of 8
Laid over to May 26 for public hearing Yeas - 6 Nays - 0
(Harris not present for vote)
45. Resolution - 04 -500 - Ordering the owner to remove or repair the building(s) at 906 Duchess Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Laid over to May 26 for public hearing Yeas - 6 Nays - 0
(Thune not present for vote)
46. Resolution - 04 -501 - Ordering the owner to remove or repair the building(s) at 271 Maria Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the May 11 Legislative Hearings and the May 26 City Council Hearings.)
Public hearing held and closed
Laid over to May 26 Yeas - 6 Nays - 0 (Thune not present for vote)
47. Appeal of Sheila Knudson to a Summary Abatement Order for property at 1842 Benson Avenue
(Legislative Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 6 Nays - 0 (Thune not present for vote)
48. Appeal of Janet Pelzel to a Summary Abatement Order for property at 1854 Benson Avenue
(Legislative Hearing Officer recommends laying over to the May 11 Legislative Hearings and the May
26 City Council Hearings).
Public hearing held and closed
Laid over to May 26 Yeas - 6 Nays - 0 (Thune not present for vote)
9. Resolution - 04 -503- Authorizing the development agreement and long -term lease of the facility being
constructed on the site of the El Rio Vista recreation center, to be known as the Paul and Sheila
Wellstone Center for Community Building, and to determine whether the long -term lease of the facility
will constitute a diversion or disposal of park property.
Adopted Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 04 -502 - In the matter of the assessment of benefits, cost and
expenses for installation of a Fire Protection System at First Trust Center, 180 East Fifth Street, for
Floors 3, 7, 9 and 13. (File No. FP2003 -1)
Adopted Yeas - 7 Nays - 0
51. Public hearing 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.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171503\Minutes 5 -... 12/15/2010
Page 8 of 8
Motion of Intent - Application granted Yeas - 7 Nays - 0
52. Public hearing to consider the application of Alfred & Hoyoko Yahanda to rezone property from
RM -1 (Multiple - Family Residential) to B -2 (Community Business) at 1435 Cleveland Avenue North,
southwest corner at Buford.
Motion of Intent - Application granted Yeas - 7 Nays - 0
53. Public hearing 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.
Laid over to May 26 for public hearing Yeas -7 Nays - 0
MISCELLANEOUS
54. Acknowledgment of the Police Chief Examination Committee.
The following individuals were commended for their involvement in the Police Chief Examination
Committee process: Gloria E. Bogen, Co- Chair;
B. Todd Jones, Co- Chair. Members: Ann Marie DeGroot; Arthur Blakey, Jr.; Jonathan Paul Granlund;
Shelly Johnson Cline; Richard Leitner; John Lesch; Patrick Edward McCallig; Gayle W. Summers;
David Allen Titus; Long Vang; Carrie J. Wasley; Lynn A. Wild; William Collins; Arnoldo Curiel.
Suspension Items
Resolution - 04 -504 - Acknowledging the life and accomplishments of Art Baumeister Sr.
Adopted Yeas - 7 Nays - 0
Resolution - 04 -505 - Declaring May 5, 2004, to be Joe Medina Day in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 04 -506 - Recognizing May 3 -9, 2004 as National Historic Preservation Week and
requesting the citizens of Saint Paul to participate in this special observance.
Adopted Yeas - 7 Nays - 0
Resolution - 04 -507 - Providing leadership to create a new vision of inclusiveness for the City of Saint
Paul.
Laid over to May 12 Yeas - 7 Nays - 0
Resolution - 04 -508 - Finalizing the site plan for a new CVS Pharmacy store at 1581 University Avenue.
Adopted Yeas - 7 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171503\Minutes 5 -... 12/15/2010