Minutes 8-22-2007`
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, August 22, 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 – Bostrom, Harris, Helgen, Lantry, Montgomery
Absent – 2 – Benanav (excused), Thune (arrived after roll call)
CONSENT AGENDA (Items 1 - 22)
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 removed items 6 and 7 from the consent agenda, as they are public
hearings.
Councilmember Helgen requested items 13 and 15 be removed for discussion.
Councilmember Thune moved approval of the Consent Agenda as amended.
Adopted as amended Yeas – 6 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Donnita M. Jackson, Diane E. Lillehei, Andrew T. Oswalt, and Tina K. Rappe.
Referred to Risk Management
2. Letter from the Department of Public Works/Technical Services announcing a public
hearing before the City Council on September 5, 2007 to consider the petition of Terry
Miller for Land Capital Group to vacate a seven foot width of right-of-way along Pleasant
Avenue south of Jefferson Avenue for future single-family development.
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on September 5, 2007 to consider the application of JLT
Group to rezone the area generally bounded by Robert Street, Fillmore Avenue, Highway
52, and the Mississippi River to PD (Planned Development). (The Bridges of Saint Paul)
(ZF 07-110-903)
August 22, 2007 City Council Summary Minutes Page 2
4. Letters from the Department of Safety and Inspections declaring 729 Curfew Street, 552
Charles Avenue, 543 Edmund Avenue, 815 Fuller Avenue, and 276 Topping Street as
nuisance properties. (For notification purposes only; public hearings will be held at a
later date if necessary.)
5. Administrative Order:
D002674 Transferring budget money to the appropriate division and line items in the
Police Department’s 2007 General Fund Budget in association with the
reorganization of the department.
On file with the City Clerk
6. Public hearing to consider the application of David Levy to rezone property from RM 2
(Multiple-Family Residential) to OS (Office-Service) at 2236 7th Street West, southeast
corner at Springfield. (ZF 07-095-904) (Public hearing continued from August 15)
(moved to public hearings)
7. Public hearing to consider the appeal of John J. Rogers to a decision of the Planning
Commission approving the site plan and variance to develop on slopes steeper than 12%
in the River Corridor at 2108 Douglynn Lane. [ZF 07-113295] (Public hearing
continued from August 15)
(moved to public hearings)
FOR ACTION
8. Resolution – 07-763 – Approving the appointments, by Mayor Coleman, of Ann
Mulholland to serve as Acting Mayor in the absence of Mayor Coleman; Sara Grewing to
serve as Acting Mayor in the absences of Mayor Coleman and Acting Mayor Mulholland;
and Nancy Homans to serve as Acting Mayor in the absences of Mayor Coleman, Acting
Mayor Mulholland, and Acting Mayor Grewing.
Adopted Yeas – 6 Nays – 0
9. Resolution – 07-764 – Approving the new classification of Energy Coordinator in Grade
017 of Professional Employees Association, Bargaining Unit 06 Salary Schedule.
Adopted Yeas – 6 Nays – 0
10. Resolution – 07-765 – Approving dedication of Permanent Highway Easement and
Waiver of Compensation for the Ramsey County Vadnais Boulevard Realignment Project
in Vadnais Heights.
Adopted Yeas – 6 Nays – 0
August 22, 2007 City Council Summary Minutes Page 3
11. Resolution – 07-766 – Refunding the $435.00 Zoning Appeal fee submitted by Summit
Hill Association regarding the Application of Noodles and Company.
Adopted Yeas – 6 Nays – 0
12. Resolution – 07-767 – Accepting a $400,000 Planning Grant from the State of Minnesota
for the Asian Pacific Cultural Center for the Hamm’s site.
Adopted Yeas – 6 Nays – 0
13. Resolution – 07-768 – Transferring additional CDBG funds to the appropriate amended
funding codes for the Neighborhood Housing Rehabilitation Program for CDCs.
(Discussed after the consent agenda)
14. Resolution – 07-769 – Memorializing City Council action taken June 20, 2007 denying
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).
Adopted Yeas – 6 Nays – 0
15. Resolution – 07-770 – Authorizing the Division of Parks and Recreation to submit
proposed projects to the Metropolitan Council for funding for Regional Park facilities.
(Discussed after the consent agenda)
16. Resolution – 07-771 – Authorizing the Division of Parks and Recreation to increase the
2007 revenue and spending budgets to reflect the grant proceeds received from the State
of Minnesota, Department of Employment and Economic Development.
Adopted Yeas – 6 Nays – 0
17. Resolution – 07-772 – Establishing a 2007 financing and spending plan for the purchase
of 800 MHz radios and accessories for the Police Department Narcotics unit.
Adopted Yeas – 6 Nays – 0
18. Resolution – 07-773 – Authorizing the Police Department to enter into a lease agreement
with the Minnesota State Agricultural Society to store vehicles that are towed during a
snow emergency in the City.
Adopted Yeas – 6 Nays – 0
19. Resolution – 07-774 – Authorizing the Police Department to enter into an agreement
with the United States Department of Justice, Organized Crime Drug Enforcement Task
Force.
Adopted Yeas – 6 Nays – 0
August 22, 2007 City Council Summary Minutes Page 4
20. Resolution – 07-775 – Authorizing the Department of Public Works to release easements
on the Macalester College softball field site in order to install a new softball field.
Adopted Yeas – 6 Nays – 0
21. Resolution – 07-776 – Authorizing the proper City officials to enter into an agreement
between Public Works Street Maintenance Division and Minnesota State Agriculture
Society.
Adopted Yeas – 6 Nays – 0
22. Resolution Approving Assessment – 07-777 – In the matter of boarding up vacant
buildings during June, 2007 [J0705B]; summary abatements (graffiti removal] on private
properties from July 10 to July 17, 2007 [J0702P]; summary abatements (property clean-
up) on private properties from July 13 to July 30, 2007 [J0712A]; providing weekly
garbage hauling services from July 18 to July 30, 2007 [J0712G]; and setting date of
Legislative Hearings for September 18, 2007 and City Council public hearings for
October 3, 2007.
Adopted Yeas – 6 Nays – 0
-------------------------------------------------------------------------------------------------------------------
PUBLIC HEARINGS
6. Public hearing to consider the application of David Levy to rezone property from RM 2
(Multiple-Family Residential) to OS (Office-Service) at 2236 7th Street West, southeast
corner at Springfield. (ZF 07-095-904) (Public hearing continued from August 15)
Patricia James, Department of Planning and Economic Development, stated that they had
received an email from Mr. Levy, as well as a fax from Mr. Levy’s real estate agent,
asking that the appeal be withdrawn.
Application was withdrawn.
7. Public hearing to consider the appeal of John J. Rogers to a decision of the Planning
Commission approving the site plan and variance to develop on slopes steeper than 12%
in the River Corridor at 2108 Douglynn Lane. [ZF 07-113295] (Public hearing
continued from August 15)
Council President Lantry moved to continue the public hearing on September 5 as no one
appeared to testify.
Laid over to September 5 for continuation of the public hearing Yeas – 6 Nays – 0
------------------------------------------------------------------------------------------------------------
August 22, 2007 City Council Summary Minutes Page 5
13. Resolution – 07-768 – Transferring additional CDBG funds to the appropriate amended
funding codes for the Neighborhood Housing Rehabilitation Program for CDCs.
Councilmember Helgen introduced substitute language that amends the guidelines to
make it more flexible with Invest St. Paul goals. Council President Lantry questioned
whether or not Council would be notified prior to changes to ensure that it fits with policy
goals and objectives. Discussion ensued regarding who would be notified and possible
amendments to the language. Jerry Hendrickson, Assistant City Attorney, questioned
whether or not Council would like to approve any changes or to simply be notified.
Councilmember Helgen moved to introduce the substitute language and to lay over to
September 5.
Substitute language introduced and laid over to September 5 Yeas – 6 Nays – 0
15. Resolution – 07-770 – Authorizing the Division of Parks and Recreation to submit
proposed projects to the Metropolitan Council for funding for Regional Park facilities.
Councilmember Helgen stated that he supports the intent of the resolution but would like
to request that Parks and Recreation get the community planning process going and begin
a community discussion as to the differences of a water park or slight upgrades. Trudy
Moloney, Director of Council Operations, will send an email to that effect.
Councilmember Helgen moved approval.
Adopted Yeas – 6 Nays – 0
FOR DISCUSSION
23. Resolution – 07-702 – Ordering the owner to remove the property at 1039 5th Street East
within fifteen (15) days from adoption of resolution. (Laid over from August 15)
(Legislative Hearing Officer recommends approval)
Legislative Hearing Officer, Marcia Moermond, requested the Council refer the matter
back to a Legislative Hearing process which recommended granting 180 days to
Citifinancial to rehabilitate the structure. If there were a change in ownership, it would
need to be heard by the City Council and the time frame granted was non-transferable.
Council President Lantry moved approval.
Adopted as amended Yeas – 6 Nays – 0
August 22, 2007 City Council Summary Minutes Page 6
24. Resolution – 07-745 – Approving the application with conditions, per the Legislative
Hearing Officer, for a Malt Off-Sale license by Ismael Hernandez, owner, d/b/a Flor de
Isote, 935 Maryland Avenue East. (Laid over from August 15)
Councilmember Bostrom moved to deny the license. Jerry Hendrickson, Assistant City
Attorney, stated that if the application was denied it becomes an adverse action and would
need to be referred to an Administrative Law Judge (ALJ) hearing.
Councilmember Bostrom moved to refer the matter to an ALJ hearing. Since staff had
recommended approval, in order to refer the matter to an ALJ Hearing, the applicant is
entitled to know the reason why. Bostrom did not have the information with him, and
moved to lay it over until September 5.
Laid over to September 5 Yeas – 6 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.
25. Final Adoption – 07-671 – An ordinance changing Arlington Avenue from Walsh Street
to Payne Avenue from a two-way street to a one-way street.
Councilmember Thune moved to lay over to September 5, and requested a report from
Public Works detailing increased speeds and traffic volumes.
Laid over to September 5 for final adoption Yeas – 6 Nays – 0
26. First Reading – 07-778 – An ordinance amending Chapter 9 of the Saint Paul
Administrative Code, Department of Fire and Safety Services. (GS 3042159)
Laid over to September 5 for second reading
27. First Reading – 07-779 – An ordinance amending Chapter 9A of the Saint Paul
Administrative Code by creating new legislation entitled “Department of Emergency
Management,” which permits the creation of an Executive Department of Emergency
Management.
Laid over to September 5 for second reading
28. First Reading – 07-780 – An ordinance amending Chapter 13 of the Saint Paul
Legislative Code, Emergency Management.
Laid over to September 5 for second reading
August 22, 2007 City Council Summary Minutes Page 7
29. First Reading – 07-781 – An ordinance placing the position titled Emergency
Management Director in the unclassified service pursuant to Section 12.03(H) of the
Saint Paul City Charter.
Laid over to September 5 for second reading
Suspension Items:
Council President Lantry moved suspension of the rules to introduce the following
resolution: Yeas – 6 Nays – 0
Resolution – 07-782 – Authorizing the Police Department to receive a grant from the
Federal Transit Administration – 5309 program to provide cameras and surveillance
equipment along the Central Corridor in Saint Paul.
Councilmember Harris questioned whether or not, by approving the resolution, they were
entering into a defacto agreement to commit to providing the $300,000 match as required
to receive the grant. It was clarified by an Officer from the Police Department that the
Target Corporation would provide the necessary match of $300,000 that the State of
Minnesota required.
Councilmember Lantry moved approval.
Adopted Yeas – 6 Nays – 0
Councilmember Montgomery moved suspension of the rules to introduce the following
resolution: Yeas - 6 Nays – 0
Resolution – 07-783 – Authorizing City staff to make available to Saint Paul residents, by
September 5, 2007, an on-line property tax calculator which will enable property owners
to see in real numbers how an increase in the City’s property tax will affect them, and to
allow residents time to voice their concerns and opinions prior to the conclusion of the
budget process.
Councilmember Montgomery stated that the reason she brought the suspension item in
was an attempt to stay transparent. The citizens of St. Paul need to be given access to as
much information as possible that will allow them to make informed decisions about how
an increase will affect their budgets.
Councilmember Helgen moved to make amendments including changing the title to
“Property Tax Estimator,” deleting the whereas, inserting “electronically” on the resolved
line, as well as deleting “will” following property tax and inserting “may.” Discussion
ensued with Finance Director Matt Smith answering questions regarding the feasibility of
the calculator as well as what it would consist of.
August 22, 2007 City Council Summary Minutes Page 8
Councilmember Thune moved to amend the resolution by adding “online or by means of
graphic tables.”
Councilmember Helgen moved to table the resolution and adjourn the meeting.
Failed Yeas – 1 Nays – 5 (Bostrom, Harris, Lantry, Montgomery, Thune)
Councilmember Helgen made a similar motion to amend as stated above.
Councilmembers Montgomery, Thune, Bostrom and Harris voted nay.
Failed Yeas – 2 Nays – 4 (Bostrom, Harris, Montgomery, Thune)
Councilmember Thune moved to amend as he had done previously.
Adopted as amended Yeas – 5 Nays – 1 (Helgen)
Councilmember Thune moved to adjourn the meeting. Yeas – 6 Nays – 0
ADJOURNED at 4:25 P.M.
ATTEST:
________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ____November 7, 2007___________
Joan Reidell Minutes approved by Council