Minutes 6-13-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 13, 2007 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Note: All City Council meetings are on the City of Saint Paul’s website. Meetings can be viewed in their entirety or
a specific item can be viewed. Visit our website at www.ci.stpaul.mn.us/council and click on Watch the Live
Webcast.
The meeting was called to order at 3:30 p.m. by Council President Lantry.
Present – 5 – Benanav, Bostrom, Harris, Helgen, Lantry
Absent – 2 – Montgomery (arrived later in the meeting)
Thune (arrived after roll call)
CONSENT AGENDA (Items 1 - 19)
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.
Councilmember Benanav moved approval of the consent agenda.
Adopted Yeas – 6 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Graham M. Butler, Patrick Hedican IV, and Fredrick L. Washington.
Referred to Risk Management
2. Summons and Complaint in the matter of Laverne Irene Augusta Dickhudt and
Herbert Dickhudt vs. the City of Saint Paul.
Referred to the City Attorney’s Office
3. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on June 20, 2007 to consider the report of the Administrative Law Judge
concerning all licenses held by Billy Neng Yang, d/b/a Asian Cuisine, 945 Rice Street.
June 13, 2007 City Council Summary Minutes Page 2
4. Letter from the Department of Safety and Inspections/Nuisance Building Enforcement
declaring 78 Sycamore Street East a nuisance property, and setting date of Legislative
Hearing for June 12, 2007 and City Council Public Hearing for July 5, 2007.
5. Letter from the Department of Safety and Inspections announcing a public hearing before
the City Council on June 20, 2007 to consider the appeal of Goodmanson Construction to
a decision of the Heritage Preservation Commission denying a retaining wall along the
front property line at 579 Laurel Avenue (Historic Hill District). (File No. 07-167)
6. Letter from the Department of Safety and Inspections announcing a public hearing before
the City Council on June 20, 2007 to consider the appeal of David Heide, David Heide
Design Studio, to a decision of the Heritage Preservation Commission denying alteration
of the front entry canopy and alteration of a front brick retaining wall at 1760 Summit
Avenue, Summit Avenue West Historic District. (File No. 07-179)
7. Letters from the Department of Safety and Inspections declaring 182 Front Avenue and
11 Jessamine Avenue East as nuisance properties. (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
FOR ACTION
8. Approval of minutes of May 16 and 23, 2007.
Adopted Yeas – 6 Nays – 0
9. Resolution – 07-468 – Approving the May 1, 2007 through April 30, 2010 Maintenance
Labor Agreement between the City and the Bricklayers and Allied Craftworkers Local
Union 1 Minnesota/North Dakota. (Laid over from June 6 for adoption)
Adopted Yeas – 6 Nays – 0
10. Resolution – 07-516 – Establishing the rate of pay for the new classification titled Code
Enforcement Supervisor in Grade 020 of Bargaining Unit 09, Saint Paul Supervisors
Organization.
Adopted Yeas – 6 Nays – 0
11. Resolution – 07-517 - Establishing the rate of pay for the new classification titled
Housing and Code Enforcement Manager in Grade 024 of Bargaining Unit 09, Saint Paul
Supervisors Organization.
Adopted Yeas – 6 Nays – 0
12. Resolution – 07-518 – Approving the polling location changes for the 2007 primary and
general elections.
Adopted Yeas – 6 Nays – 0
June 13, 2007 City Council Summary Minutes Page 3
13. Resolution – 07-519 – Waiving the 45-day notification requirement and granting, with
conditions, a liquor outdoor service area (sidewalk) license to Chatterbox Enterprises
Highland, Inc., d/b/a The Chatterbox Pub, 800 South Cleveland Avenue.
Adopted Yeas – 6 Nays – 0
14. Resolution – 07-520 – Approving the application with conditions, per the Legislative
Hearing Officer, of Kenneth J. Johnson, dba Grant Tattoo and Piercing, 961 Grand
Avenue, for a Tattoo Parlor License.
Adopted Yeas – 6 Nays – 0
15. Resolution – 07-521 – Approving the application, per the recommendation of the
Legislative Hearing Officer, of Chanda Sour, President, A. Lim and Company dba Rite
Liquor, 645 South Snelling Avenue, for Liquor Off Sale, Retail Food (A)-Grocery, 1-100
square foot and Cigarette/Tobacco Licenses.
Adopted Yeas – 6 Nays – 0
16. Resolution – 07-522 – Approving adverse action against all licenses held by Ketsana’s St.
Paul Restaurant, Inc., dba Ruam Mit Thai Cafe, 475 St. Peter Street.
Adopted Yeas – 6 Nays – 0
17. Resolution – 07-523 – Approving adverse action against the Massage Practitioner License
held by Abby E. Stringer for the City of Saint Paul.
Adopted Yeas – 6 Nays – 0
18. Resolution – 07-524 – Adopting the City of Saint Paul’s June 2007 Stormwater Permit
Annual Report.
Adopted Yeas – 6 Nays – 0
19. Resolution – 07-525 – Accepting an easement agreement between the City and the
Minnesota Boat Club for the construction of a revetman (rip rap) project along the
shoreline of the Minnesota Boat Club property on Raspberry Island.
Adopted Yeas – 6 Nays – 0
FOR DISCUSSION
20. Resolution Ratifying Assessment – 07-453 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement (property clean-up) at 1684 Stillwater Avenue
[J0618A2]. (Public hearing held and laid over from May 16)
Legislatives Hearing Officer’s recommendation is forthcoming – spread the payments
over five years)
June 13, 2007 City Council Summary Minutes Page 4
Marcia Moermond, Legislative Hearing Officer, said she researched the length of time
that summary abatements can be deferred and it is five years for this type of assessment.
Because of the circumstances with the property owner, who had an industrial accident,
she recommended the payments be divided over a period of five year.
Councilmember Bostrom moved approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
21. Consideration of the appeal of Tom Dimond et al to a decision of the Planning
Commission approving a Conditional Use Permit, Variances, and revised Site Plan for
Holman Field subdrain improvements. (ZF 07-078-905) (Public hearing held and laid
over from June 6)
Council President Lantry moved to lay over one week as information was not yet received
from the City Attorney.
Laid over to June 20 Yeas – 7 Nays – 0
22. Consideration of the appeal of William Madden, Jr. to a decision of the Board of Zoning
Appeals granting a side yard setback variance in order to construct a sunroom addition at
2215 Como Avenue. (ZF 07-081619) (Public hearing held and laid over from June 6)
Councilmember Benanav moved to deny the appeal saying he did not find any error in the
Planning Commission’s recommendation.
Motion of Intent – Appeal Denied Yeas – 7 Nays – 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LAW 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.
23. Final Adoption – 07-392 – An Administrative Ordinance establishing the minimum
qualifications for the position of Fire Chief. (Amended May 23 and laid over for public
hearing and final adoption) (Laid over from June 6 for final adoption)
Council President Lantry moved to introduce a substitute ordinance. She noted that an
opinion was provided from the City Attorney’s Office indicating that it was well within
the City’s rights to have the internal vs. external distinction between candidates but,
because there may has been some interference, it could be called into question. As a way
to avoid possible lawsuits, the substitute ordinance removes the language between
internal and external candidates so all candidates will be required to have the
qualifications of district chief or above and a BA degree.
June 13, 2007 City Council Summary Minutes Page 5
Councilmember Bostrom asked if there is a national standard as to what a district chief is.
Council President Lantry responded that she was sure there was not a standard. It was
never defined from the beginning. However, the substitute ordinance says what is
required in the command level experience.
Councilmember Montgomery said when cities of similar size were looked at, they talked
about progressive experience including budgets, employee assistance programs,
discipline, etc. She asked if a district chief does any of those things. Council President
Lantry responded that there is a distinction between district chief and above and having a
BA. The reason for having district chief and above is because they are looking for
command level experience. Angie Nalezny, Human Resources Director, made it clear
that “appointed as a district chief” means that they took the test, Lantry said. It doesn’t
mean it was the prerogative of the chief to put someone in the position but rather was
someone who passed the Civil Service exam, went through the interview process and was
appointed district chief.
Discussion ensued.
Substitute amended and laid over to June 20 for final adoption
Yeas – 6 Nays – 1 (Montgomery)
24. Final Adoption – 07-401 – An ordinance establishing a Qualifications and Examining
Committee for the position of Fire Chief.
Council President Lantry moved to amend the ordinance by removing Tom Smith and
adding Dave Gilbraith
Adopted as amended Yeas – 7 Nays – 0
25. First Reading – 07-526 – An ordinance amending Chapter 33.07 of the Saint Paul
Legislative Code to provide for variances of corner clearance requirements.
Laid over to June 20 for second reading
June 13, 2007 City Council Summary Minutes Page 6
Suspension Item:
Councilmember Montgomery moved suspension of the rules to introduce the following
resolution: Yeas – 7 Nays – 0
Resolution – 07-527 - Authorizing the Police Department to enter into an agreement with
Independent School District #625 to provide services for the School Resource Officer
Program (SRO) from July 1, 2007 through June 30, 2008. (GS 3040752)
Councilmember Montgomery moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Thune moved to adjourn the meeting. Yeas – 7 Nays – 0
ADJOURNED at 3:55 P.M.
ATTEST:
_________________________ ______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: June 27, 2007___________________
Mary Erickson Minutes approved by Council