Minutes 6-20-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 20, 2007 - 3:30 p.m.
Note: All City Council meetings are on the City of Saint Paul’s website. Meetings can be viewed in their entirety or
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Webcast.
The meeting was called to order at 3:53 p.m. by Council President Lantry.
Present – 4 – Benanav, Helgen, Lantry, Thune
Absent – 3 – Bostrom, Harris and Montgomery (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.
Council President Lantry withdrew Item #11.
Councilmember Helgen removed Items 9 and 13 for separate discussion.
Councilmember Harris moved approval of the consent agenda as amended.
Adopted Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Desnoyer Park Improvement Association, and Eric G. Huber.
Referred to Risk Management
2. Letter from the Department of Public Works/Technical Services Division – Real Estate
announcing a public hearing before the City Council on July 5, 2007 to consider a
resolution to divert City park land in Lilydale Park for the purpose of installing an
underground gas pipeline for Xcel Energy to service its new High Bridge power plant,
and to authorize City officials to enter into easement agreements with Xcel Energy for
construction and use of the pipeline.
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on July 5, 2007 to consider the application of Teresa
Deming to rezone property at 1539-1541 Lincoln Avenue, between Saratoga Street and
Snelling Avenue, from R4 (one-family residential) to RT2 (townhouse residential). (ZF
June 20, 2007 City Council Summary Minutes Page 2
07-074-940)
4. Letter from the Department of Safety and Inspections announcing a public hearing before
the City Council on July 5, 2007 to consider the appeal of Edina Properties, Inc., Jenifer
Kent, to a decision of the Board of Zoning Appeals which determined that Noodles &
Company restaurant was a fast-food restaurant (Application for 777 Grand Avenue). (ZF
07-093604)
5. Letter from the Department of Safety and Inspections announcing a public hearing before
the City Council on July 5, 2007 to consider the appeal of Kawaljit Bhatia/Maharaja’s to
a decision of the Board of Zoning Appeals granting a variance to allow maneuvering for
off-street loading within the public right-of-way at 211 West Seventh Street (Cossetta’s).
(ZF 07-095865)
6. Administrative Order:
D002665 Approving a budget revision in the Department of Safety and Inspections
to allow salary savings to be used for purchase of a van.
On file with the City Clerk
FOR ACTION
7. Approval of minutes of June 6, 2007.
Adopted Yeas – 7 Nays – 0
8. Resolution – 07-528 – Approving the Memorandum of Agreement between the City of
Saint Paul and the United Association of Plumbers, Local 34, 2007 Wage and Fringe
Adjustment. (To be laid over one week for adoption)
Laid over to June 27 for adoption
9. Resolution – 07-529 – Approving the 2008 bonding requests to the State of Minnesota.
(removed for discussion)
10. Resolution – 07-530 – Accepting a gift, up to $1,400.00, from the Annie E. Casey
Foundation to cover travel, lodging, and food costs for Department of Planning and
Economic Development staff participation at a Community Benefit Agreements session
held on May 17, 2007.
Adopted Yeas – 7 Nays – 0
11. Resolution – 07-531 – Approving the Multi-Family Revenue Bonds in the amount of
$6,600,000 for the Winnipeg Project located on Rice Street.
Withdrawn
June 20, 2007 City Council Summary Minutes Page 3
12. Resolution – 07-532 – Authorizing the proper City officials to enter into a Grant
Agreement with the Minnesota Pollution Control Agency (MPCA) for the purpose of
creating local policies, procedures and regulations to support and guide green
development within the City of Saint Paul.
Adopted Yeas – 7 Nays - 0
13. Resolution – 07-533 – Accepting a gift from the Como Zoo and Conservatory Society
allowing City Councilmembers and the Mayor to attend Como Zoo and Conservatory
Society’s Annual Sunset Affair Benefit Gala on July 26, 2007. (removed for discussion)
14. Resolution – 07-534 – Authorizing the proper City officials to enter into an agreement
with Independent School District 625 whereby the parties will jointly offer Community
Programs.
Adopted Yeas – 7 Nays - 0
15. Resolution – 07-535 –Authorizing the proper City officials to renew the lease agreement
with West 7th Community Center, Inc. for management of the West 7th Community
Center.
Adopted Yeas – 7 Nays - 0
16. Resolution – 07-536 – Authorizing reimbursement of $764.65 to Vicki Scheunemann for
expenses related to attending the AZA Conservation Conference on behalf of Como Park
Zoo and Conservatory.
Adopted Yeas – 7 Nays - 0
17. Resolution – 07-537 – Canceling the assessment for the repair of sanitary sewer
connections for the Arlington/Pascal RSVP at 1440 Sheldon Street and billing the same
assessment to the previous owners of said property.
Adopted Yeas – 7 Nays - 0
18. Resolution Approving Assessment – 07-538 – In the matter of the assessment of benefits,
cost, and expenses for repair of sanitary sewer connections, at the request of the property
owners, in conjunction with improving Burlington Road from Totem Road to Totem
Road, and setting date of public hearing for July 18, 2007. [File No. 19019C]
Adopted Yeas – 7 Nays - 0
19. Resolution Approving Assessment – 07-539 – In the matter of the assessment of benefits,
cost, and expenses for Tenant Remedy Action Rehabilitation for properties at 1250 3rd
Street East and 507 Van Buren Avenue, and setting date of public hearing for July 18,
2007. (GS 3040379)
Adopted Yeas – 7 Nays - 0
June 20, 2007 City Council Summary Minutes Page 4
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9. Resolution – 07-529 – Approving the 2008 bonding requests to the State of Minnesota.
Councilmember Helgen stressed the importance of a comprehensive transportation plan
that would include the Red Rock Line, the Rush Line and the hi-speed rail to Chicago.
Councilmember Bostrom was concerned that Public Works facilities were not included in
this proposal and wanted to take another look at it. Councilmember Helgen stated that
specific details are not worked out on this document as there is a deadline to the
Legislature to get the dollars marked for these projects.
Councilmember Helgen introduced a substitute resolution and moved approval
Substitute adopted Yeas – 7 Nays – 0
13. Resolution – 07-533 – Accepting a gift from the Como Zoo and Conservatory Society
allowing City Councilmembers and the Mayor to attend Como Zoo and Conservatory
Society’s Annual Sunset Affair Benefit Gala on July 26, 2007. (removed for separate
discussion)
Councilmember Helgen invited the Council to come to this event.
Councilmember Helgen moved approval
Adopted Yeas – 7 Nays - 0
FOR DISCUSSION
20. 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 June 6; laid over June 13)
Council President Lantry raised concerns that this plan was approved on a concept and
that a site plan was never submitted. The issue is whether to allow variances to be
granted when no permits or permissions have been granted. She said wants the council to
look at how to get control of this project and insure agreements are being followed. She
expressed concern that they chose to put a sewer in the area that has the highest impact on
the environment and read into the record why she was going to grant the appeal on the
site plan and conditional use permit and deny the three (3) variances that the MAC
applied for. Councilmember Benanav received assurances from the MAC president that
guidelines would be followed and monitored. He said he wants a plan showing where the
wall will actually be – not a concept. Council President Lantry requested that Tom
Beach, Department of Safety and Inspections, ensure that engineering plans are submitted
before construction starts and that the City Council have the actual plans.
Council President Lantry moved to grant the appeal
Appeal granted Yeas – 4 Nays – 3 (Bostrom, Harris, Montgomery)
June 20, 2007 City Council Summary Minutes Page 5
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.
21. 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) (Substitute introduced and laid over from June 13)
CM Benanav said it was brought to his attention that diversity should be a part of this
process.
Councilmember Benanav moved approval.
Adopted Yeas – 6 Nays – 1 (Montgomery)
22. Second Reading – 07-526 – An ordinance amending Chapter 33.07 of the Saint Paul
Legislative Code to provide for variances of corner clearance requirements. (GS
3040493)
Laid over to July 5 for third reading/public hearing
The meeting was recessed from 4:30 p.m. to 5:33 p.m.
Present – 7 Absent – 0
PUBLIC HEARINGS
23. Public hearing and Final Adoption – 07-212 – An ordinance amending the Charter of the
City of Saint Paul to place the City Clerk under the authority of the City Council. (Laid
over from April 25)
Richard Neumeister, St. Paul resident, raised concerns that the City Clerk is the
compliance official and he doesn’t want to see this position be influenced by political
decisions.
Councilmember Thune moved to close the public hearing and approval
Yeas – 7 Nays – 0
24. Final Order – 07-540 – In the matter of constructing a new sidewalk on both sides of
North Dunlap Street from West Minnehaha Avenue to Hubbard Street. [File No. S0705]
Marcia Moermond, Legislative Hearing Officer, presented a staff report and distributed a
map of the project to the Council. Public Works pursues sidewalks based on
neighborhood requests and treats all requests as a benefit to the City. They work in
conjunction with the Forestry Division in the Division of Parks and Recreation to
June 20, 2007 City Council Summary Minutes Page 6
preserve mature trees whenever possible. The main policy goal was to maintain a
connection on the north-south connection which could be accomplished with a sidewalk
on one side of the street.
Council President Lantry wanted to know why the sidewalk isn’t placed between the
property line and the trees. Al Czia clarified that new sidewalks ideally are on the
property lines but in this case alternatives needed to be made on savings trees. This
option was the most benefit with minimum costs.
The following people spoke in opposition to this issue due to losing mature trees and the
proposed sidewalk not going to a specific destination:
• Lori Larkin, 1663 Inglewood
• Terrence Bogie, 1223 Seminary
Councilmember Benanav moved to close the public hearing. Yeas – 7 Nays - 0
Councilmember Benanav moved approval as amended (Delete sidewalks on west side of
North Griggs between Seminary and Hubbard Avenue; west side of North Dunlap
between West Minnehaha and Engelwood Avenue; and east side of North Dunlap
between Englewood and Seminary Avenue) (Approve both sides of North Dunlap
between Engelwood and Seminary Avenue; and both sides of North. Dunlap between
Seminary and Hubbard Avenue)
Adopted as amended Yeas – 7 Nays - 0
25. Final Order – 07-541 – In the matter of constructing a new sidewalk on the west side of
North Griggs Street from West Seminary Avenue to Hubbard Avenue. [File No. S0706]
No one appeared in opposition; Councilmember Benanav moved to close the public
hearing and refer to item 24 where this was discussed.
Approved as amended (combined with item #24) Yeas – 7 Nays - 0
26. Resolution – 07-542 – Approving the application for a sound level variance by Ron
Maddox in order to present live music, with limitations, for Taste of Minnesota at Harriet
Island Regional Park from 3:00 p.m. to 10:00 p.m. on June 29, July 2, and July 3, 2007,
and from 1:00 p.m. to 10:00 p.m. on June 30, July 1 and July 4, 2007.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
June 20, 2007 City Council Summary Minutes Page 7
27. Resolution – 07-543 – Granting Tim and Sherry Kehoe an exemption from the sound
level limitations in order to present amplified music, with limitations, from 6:00 p.m. to
10:00 p.m. on June 30, 2007, 1335 Pinehurst Avenue.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays - 0
Councilmember Benanav asked that item #25 be reconsidered and withdrawn
Yeas – 7 Nays - 0
28. Resolution – 07-544 – Approving adverse action against all licenses held by Sophia
Vega, Inc., d/b/a Viaduct Inn Mexican American Cuisine, 1056 – 7th Street East.
Rachel Gunderson, Assistant City Attorney representing the Office of LIEP, gave a staff
report and stated that minors were served at this establishment.
Ruben Vega, 1056 7th Street East, appeared and apologized for this violation.
Councilmember Bostrom moved to close the public hearing and approval
Yeas – 6 Nays – 0 (Councilmember Montgomery not present)
29. Public hearing 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.
Rachel Gunderson, Assistant City Attorney representing the Office of LIEP, gave a staff
report recommending some changes to the Administrative Law Judge’s recommendation
based on the fact that in four months they had four violations.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and to adopt the Findings of Fact and Conclusions of Law of the Administrative
Law Judge with the exception of Finding of Fact #11, and Conclusion of Law # 10 and
reject the Recommendations of the Administrative Law Judge; adopt the exceptions filed
by the City Attorney's Office and the Department of Safety and Inspections including the
recommended fine of $1500 based on multiple violations occurring over a short period of
time. Yeas – 7 Nays – 0
June 20, 2007 City Council Summary Minutes Page 8
30. Public hearing 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)
Amy Spong, staff member to the Heritage Preservation Committee (HPC), gave a staff
report. Some of the architectural details regarding the stone style and configuration on
the wall did not align with the criteria of the HPC.
Pat Wandzel, 573 Laurel Avenue, a neighbor to the owner, spoke in opposition. He felt
the wall was professionally built and he’s glad to see his neighbor improving his property.
He feels the HPC leaves no room for negotiation in its decisions and that is a dictatorship
- not a democracy.
Councilmember Montgomery moved to close the public hearing Yeas- 7 Nays - 0
Councilmember Montgomery received clarification from Amy Spong that the owners
were told the wall did not meet the criteria of the HPC before they backfilled it so there
was an opportunity for the owners to change this. Councilmember Benanav raised
concerns that a building inspector told them they didn’t need a permit to build the wall
and Councilmember Bostrom asked to continue the public hearing so the Council could
hear from inspectors on this issue. Councilmember Harris said the wall isn’t close to the
historical criteria so he didn’t think continuing the public hearing would change anything.
Councilmember Montgomery moved to deny appeal
Yeas – 6 Nays – 1 (Bostrom)
31. Public hearing 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)
Amy Spong; Department of Safety and Inspections, Heritage Preservation Committee
(HPC) gave a staff report that part of the appeal was granted but the front entry canopy
and alteration of the retaining wall coping was denied.
David Heide, Project designer & former chair of the HPC, spoke for the appellant. He
felt that the current coping was not original with the house because the coping color did
not match the brick. Also, the chief walls by the entrance presently have limestone caps
which sets a precedent for stone on the building. He understands the HPC’s position on
preserving the heritage but there are several houses along Summit Avenue that have the
prairie style house with stone elements on brick walls. The hood would be rebuilt and
extended out with attention to the original architectural detail. He cited examples of this
June 20, 2007 City Council Summary Minutes Page 9
being done on prairie style houses in the area. He said that if the buildings within historic
districts are not allowed to evolve with careful and conscientious changes, they will
ultimately become obsolete and we will lose the historic fabric in St. Paul. He sees the
job of the HPC to remain viable instead of an impediment to the improvements people are
trying to make.
Deborah Asplund, 1760 Summit Avenue, property owner, spoke in opposition to the
appeal saying they are trying to maintain the original architecture of this home and have
done a great deal of research in respects to this style of house historically. The hood is
being extended for weather protection and there are designs that the home’s architect has
designed with the overhang. The stone caps give a longer life to the wall than brick
because of lack of mortar lines and it is in conjunction with the front entry of the house.
Council President Lantry moved to close the public hearing. Yeas – 7 Nays – 0
Councilmember Harris moved to grant the appeal with amendments (the coping material
on the retaining wall will be allowed if the dark brown color is used and that the material
used will be more compatible with the current visual characteristics of the wall which
should comply with the guidelines that the historic elements be maintained; and the
applicants submit another plan to the HPC for a covered hood with and without columns
that better relates to the individual property.)
Appeal granted Yeas – 7 Nays – 0
32. Resolution Ratifying Assessment – 07-545 – In the matter of the assessment of benefits,
cost and expenses for summary abatements (property clean-up) on private property from
March 15 to March 29, 2007 at 776 Lafond Avenue [J0705A1]. (Laid over
(Legislative Hearing Officer recommends deleting the assessment)
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and approval as amended. (per the recommendation of the Legislative Hearing
Officer)
Adopted as amended Yeas – 7 Nays – 0
33. Resolution Ratifying Assessment – 07-546 – In the matter of the assessment of benefits,
cost and expenses for towing abandoned vehicles from private property during January,
2006 [J0701V]; boarding-up vacant buildings during March, 2007 [J0702B]; summary
abatements (property clean-up) on private property from March 29 to April 12, 2007
[J0706A]; providing weekly garbage hauling services from April 4 to April 12, 2007
[J0706G]; and demolition of a vacant building at 972 Conway Street during April, 2007
[J0705C]. (Legislative Hearing Officer recommends the following:
June 20, 2007 City Council Summary Minutes Page 10
1002 Concordia Avenue (J0706A) - approve the assessment;
961 Cook Avenue East (J0706A) - delete the assessment;
1631 Dieter Street (J0706G) - approve the assessment;
439 Forest Street (J0706A) - approve the assessment;
1024 Geranium Avenue East (J0706G) - recommendation is forthcoming approve the
assessment;
1029 Marshall Avenue (J0702B) - delete the assessment;
754 Minnehaha Avenue West (J0706A) - delete the assessment;
426 Mount Ida Street (J0706A) - delete the assessment;
1415 Payne Avenue (J0706A) - delete the assessment;
630 Pierce Butler Route (J0706A) - approve the assessment;
1000 Seventh Street East (J0702B) - approve the assessment; delete the assessment (per
City Council)
1533 University Avenue West (J0706A) - delete the assessment; and
918 Westminster Street (J0706A) - approve the assessment.) Refer to July 10 Legislative
Hearing and July 18 Public Hearings.
Alan Miller, 1000 E 7th Street, spoke in opposition to this assessment. The Certificate of
Occupancy was valid and not up for renewal until May, 2007. The building was
inspected on May 14 where it was found that the fire extinguishers needed updating. She
noted that they complied with that order and are still being assessed because of a lack of
information shared between City Departments and that should not be a penalty to him.
Councilmember Thune moved to close the public hearing Yeas – 7 Nays – 0
Council President moved approval as amended (per the recommendation of the
Legislative Hearing Officer except for 1000 E. 7th St. which was deleted per the City
Council)
Yeas – 7 Nays – 0
34. Appeal of Michael Gregory 1 LLC to a Revocation of Certificate of Occupancy, which
includes condemnation, for property at 59 Atwater Street. (Legislative Hearing Officer
recommends denying the appeal)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and deny the appeal (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
June 20, 2007 City Council Summary Minutes Page 11
35. Appeal of Dawn Sysaath, on behalf of Jeanne Finch, to a Revocation of Certificate of
Occupancy, which includes condemnation, for property at 167 King Street West.
(Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and deny the appeal (per the recommendation of the Legislative Hearing Officer)
Yeas – 7 Nays – 0
36. Appeal of Brian Rood to a Summary Abatement Order for property at 1266 7th Street
East. (Legislative Hearing Officer recommends denying the appeal and granting an
extension on the compliance date from June 15, 2007 to June 22, 2007).
No one spoke in opposition to this issue; Councilmember Bostrom moved to close the
public hearing and deny the appeal and extend the compliance date to June 22, 2007 (per
the recommendation of the Legislative Hearing Officer) Yeas – 7 Nays – 0
Reconsidered Item:
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 June 13, 2007; reconsidered and withdrawn.
Councilmember Thune moved to reconsider and withdraw Yeas – 7 Nays –0
Suspension Items
Councilmember Benanav moved suspension of the rules to introduce the following ordinance:
Yeas – 7 Nays – 0
First Reading – 07-547 – An ordinance memoralizing City Council action granting the
application of Firstborne Properties (Java Train) to rezone property from R4 (One-Family
Residential) to B2 (Community Business) at 1337 Pascal Street North (southwest corner
at Bison Avenue). [ZF 07-027-041] (Public hearing held May 16, 2007)
Councilmember Helgen asked if they would be applying for a beer and wine license. He
raised concerns of clubs emerging in neighborhoods and will address that with amended
language coming forward in an ordinance. Councilmember Benanav said they are
applying for the restaurant license now and it is a family orientated business.
Laid over to June 27 for second reading
June 20, 2007 City Council Summary Minutes Page 12
Councilmember Benanav moved suspension of the rules to introduce the following ordinance:
Yeas – 7 Nays – 0
First Reading – 07-548 – Establishing zoning requirements for the Central Corridor area
to implement the Development Strategy.
Councilmember Montgomery addressed differences that she and Councilmember
Benanav had on the timing of bringing this item forward.
Laid over to June 27 for second reading
Councilmember Benanav moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays - 0
Resolution – 07–549 – Approving interim zoning requirements for the Central Corridor
area while a zoning study is completed to determine needed zoning code changes to
implement the Development Strategy and the City Council considers, and adopts the
Development Strategy and zoning code amendments.
Councilmember Benanav said a policy session will be held on July 11 and the public
hearing will take place on July 18 regarding this issue. Councilmember Montgomery
encouraged people to show up for the policy session as there is a great deal of
misconception surrounding this issue. Council President Lantry stated that people who
wanted to participate in the policy session should contact Trudy Moloney, Director of
Council Operations, so she can coordinate potential participants for the session.
Councilmember Benanav moved approval.
Adopted Yeas – 7 Nays – 0
A moment of silence was held to remember the nine firefighters in South Carolina who lost their
lives in the line of duty.
Councilmember Thune moved to adjourn the meeting.
ADJOURNED at 7:25 P.M.
ATTEST:
_____________________________ ____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: August 1, 2007_______________
Carol Broermann Minutes approved by Council