Minutes 9-12-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 12, 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 – 7 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 0
CONSENT AGENDA (Items 1 – 28)
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 item 9 at the request of the Administration.
Councilmember Montgomery requested item 8 to be laid over.
Councilmember Helgen requested item 19 be removed for separate consideration.
Councilmember Bostrom requested item 24 to be laid over.
Councilmember Thune moved approval of the Consent agenda as amended.
Adopted as amended Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
The following communication was read into the record:
Letter from the Office of the City Attorney announcing a public hearing before the City
Council on September 19, 2007 concerning all licenses held by Tony’s Amoco, Inc, 374
Lexington Parkway North.
1. Claims of Elizabeth J. Brothers, Charlene G. Cornell, and Georgia E. McClellon.
Referred to Risk Management
September 12, 2007 City Council Summary Minutes Page 2
2. Application letter to the City of Saint Paul from District Energy St. Paul, dated August
29, 2007 to issue a 20-year Franchise to District Heating Development Company, d/b/a
District Energy St. Paul.
3. Application letter to the City of Saint Paul from District Cooling St. Paul, dated August
29, 2007 to issue a 20-year Franchise to District Energy Services, Inc., now known as
District Cooling St. Paul, Inc. (hereafter “District Energy”)
4. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on September 19, 2007 to consider the application of
Richard O’Gara, Great Northern Railway Company, for a Subdivision by lot split to
create two industrial parcels with variance of requirement that lots are previously platted
land at 0 Westgate Drive, area northwest of Highway 280 and BNSF Main Line. (Zoning
File No. 07-128-931)
5. Administrative Order:
D002676 Extending the contract completion date from December 31, 2006 to March
31, 2007 for the Como/Cleveland Sewer Cleaning and TV Inspection
project.
On file in the City Clerk’s Office
FOR ACTION
6. Resolution - 07-828 – Approving the Memorandum of Agreements between the City and
AFSCME (Clerical, Technical and Legal); CCEA; Fire Fighters, Machinists, Manual and
Maintenance Supervisors; Operating Engineers #70; PED; Police Federation; SPSO; and
Tri-Council (Locals 132, 120 & 49) regarding health insurance options and contribution
levels for 2008, 2009, and 2010. (To be laid over one week for adoption)
Laid over to September 19 for adoption Yeas – 7 Nays – 0
7. Resolution – 07-829 – Approving the list of donations for the City Employee Picnic with
the name of each donor and the estimated value for each donation to comply with the
requirements of Chapter 41 of the Administrative Code.
Adopted Yeas – 7 Nays – 0
8. Resolution – 07-830 – Creating a twelve-month moratorium on the approval or
issuance of any building permits, building or fire safety code compliance, or certificate of
occupancy approvals for sober houses.
(Discussed after the consent agenda)
September 12, 2007 City Council Summary Minutes Page 3
9. Resolution – 07-831 – Supporting the privately funded trip of a delegation to Thailand
and its mission, authorizing Va-Megn Thoj Mayor Coleman’s Policy Associate, to serve
on the delegation, and accepting donations and appropriating them for costs required as
part of Va-Megn Thoj’s service on the delegation.
Laid over to September 26 Yeas – 7 Nays – 0
10. Resolution – 07-832 – Authorizing the Division of Parks and Recreation to accept a grant
in the amount of $37,168.50 from the Minnesota Department of Natural Resources to
purchase a trail sweeper.
Adopted Yeas – 7 Nays – 0
11. Resolution – 07-833 – Approving the Snelling Avenue between St. Clair Avenue and
Grand Avenue, Center Median Management project; construction of a traffic signal on
Shepard Road at the intersection of Interstate 35E southbound entrance ramp; and
reconstruction of the existing traffic signal at the intersection of East Seventh Street,
Minnehaha Avenue and Mendota Street.
Adopted Yeas – 7 Nays – 0
12. Resolution – 07-834 – Approving the August 9, 2007 decisions of the Legislative Hearing
Officer on appeals to Letters of Deficiency for properties at 629 Aldine Street, 750 Blair
Street, and 604 Magnolia Avenue East.
Adopted Yeas – 7 Nays – 0
13. Resolution – 07-835 – Approving the August 21, 2007 decision of the Legislative
Hearing Officer on Appeals of Letters for 1461 Dale Street North.
Adopted Yeas – 7 Nays – 0
14. Resolution – 07-836 – Approving the August 28, 2007 decision of the Legislative
Hearing Officer on an appeal to a Letter of Deficiency for property at 222 Morton Street
East.
Adopted Yeas – 7 Nays – 0
15. Resolution – 07-837 – Approving the application with conditions, per the Legislative
Hearing Officer, for a Malt Off Sale license by Target Corporation, d/b/a Target Store
T2229, 1300 University Avenue West.
Withdrawn
16. Resolution – 07-838 – Approving the application, per the Legislative Hearing Officer, for
Liquor Off Sale, Retail Food (B)-Grocery 101-1000 sq. ft. and Cigarette/Tobacco licenses
by Ronald Bozich, Secretary, Bozetti 1 Inc., d/b/a Abetto’s Liquor, 560 Como Avenue.
Adopted Yeas – 7 Nays – 0
September 12, 2007 City Council Summary Minutes Page 4
17. Resolution – 07-839 – Approving the application with conditions, per the Legislative
Hearing Officer, for Alarm Permit (new), Cigarette/Tobacco, Retail Food (C) Grocery,
and Gas Station licenses by Ali Giarushi Properties, d/b/a Douglas Corner, 243 Point
Douglas Road North.
Adopted Yeas – 7 Nays – 0
18. Resolution – 07-840 – Approving the application with conditions, per the Legislative
Hearing Officer, for Wine On Sale, Malt On Sale (Strong), Restaurant (B)-more than 12
seats, Restaurant (E)-Extension, Catering-Add On, Liquor Outdoor Service Area (Patio),
and Dance or Rental Halls licenses by Ronald Bozich, Secretary, Scarboz 1 Inc., d/b/a
Abetto’s Deli and Catering, 560 Como Ave. (GS 3043094)
Adopted Yeas – 7 Nays – 0
19. Resolution – 07-841 – Approving the application with conditions, per the
Legislative Hearing Officer, for Liquor On Sale 200 Seats, Liquor On Sale-Sunday,
Liquor On Sale-2:00 a.m. Closing, Entertainment B, Restaurant B-More than 12 Seats,
and Restaurant D-Add-On (bar only) by Sean Lee, President, Club Mesian, 1638 Rice
Street.
(Discussed after the consent agenda.)
20. Resolution – 07-842 – Approving adverse action against the Tree Trimmer and 1 Vehicle
and Tree Trimmer-Each Additional Vehicle license applications submitted by Prime Cut,
LLC, d/b/a Prime Cut Tree Service.
Adopted Yeas – 7 Nays – 0
21. Resolution – 07-843 – Approving adverse action against all licenses held by Billy Neng
Yang, d/b/a Asian Cuisine, 945 Rice Street, Suite A.
Adopted Yeas – 7 Nays – 0
22. Resolution – 07-844 – Approving adverse action against the Dance or Rental Halls
license applications submitted by Cinema Ballroom, LLC, d/b/a Cinema Ballroom, 1560
St. Clair Avenue.
Adopted Yeas – 7 Nays – 0
23. Resolution – 07-845 – Approving adverse action against the Second Hand Dealer –
Motor Vehicle Parts and Auto Repair Garage licenses held by Payless Tires, Inc., 698
University Avenue.
Adopted Yeas – 7 Nays – 0
September 12, 2007 City Council Summary Minutes Page 5
25. Resolution – 07-847 – Establishing a 2007 financing and spending plan in the Police
Department for a grant in the amount of $1,000 received from Target Corporation to
support the 2007 National Night Out.
Adopted Yeas – 7 Nays – 0
26. Resolution – 07-848 – Re-establishing a 2007 financing and spending plan for providing
wireless connectivity to the Ramsey County Sheriff’s Office.
Adopted Yeas – 7 Nays – 0
27. Resolution - 07-849 – Authorizing the Police Department to enter into an agreement with
the Minnesota Department of Public Safety for a 2006 Buffer Zone Protection Grant.
Adopted Yeas – 7 Nays – 0
28. Resolution – 07-850 – Authorizing the termination of a lease between the City and
Verizon Wireless, and requesting the Housing and Redevelopment Authority to approve a
new lease with Verizon for relocation of communications equipment from the Public
Safety Building to the Robert Street Parking Ramp.
Adopted Yeas – 7 Nays – 0
----------------------------------------------------------------------------------------------------------------------
19. Resolution – 07-841 – Approving the application with conditions, per the
Legislative Hearing Officer, for Liquor On Sale 200 Seats, Liquor On Sale-Sunday,
Liquor On Sale-2:00 a.m. Closing, Entertainment B, Restaurant B-More than 12 Seats,
and Restaurant D-Add-On (bar only) by Sean Lee, President, Club Mesian, 1638 Rice
Street. (GS 3042974)
Councilmember Helgen stated this is a liquor license approval for Club Mesian, formerly
Club Cancun. Historically there have been a number of issues with this property. A list
of conditions have been agreed to and Helgen requested the following:
1. There is a condition about modifying the music format. Given the character of this
building, he would like to send this back to the Legislative Hearing Officer (LHO)
The LHO should review the plan for the exterior of the building, including paint,
signage, and maintenance;
2. A professional acoustical analysis of the noise generated, where the speakers are
placed, how the interior spaces are configured, and if there is any soundproofing that
can be done, particularly with the low frequency noises;
3. Additional assurances that the property will be maintained;
4. Police Department should provide a written response to what they have reviewed and
how they will handle the nuisance issues in the adjoining neighborhoods;
5. Department of Safety and Inspections (DSI) should provide a six month behavioral
report to ensure conditions are being adhered to and the property is well managed and
maintained to minimize the impact on the adjoining neighborhoods.
September 12, 2007 City Council Summary Minutes Page 6
Helgen moved to refer this matter back to a Legislative Hearing.
Referred back to Legislative Hearing Yeas – 7 Nays – 0
FOR DISCUSSION
9. Resolution – 07-830 – Creating a twelve-month moratorium on the approval or
issuance of any building permits, building or fire safety code compliance, or certificate of
occupancy approvals for sober houses. (GS 3043652)
Councilmember Montgomery stated she has a scheduled meeting about this issue. There
has been a rush to move the resolution. From an e-mail, it was her understanding that a
PED staff person was preparing a document for the Planning Commission and public
hearings will be held before a recommendation to the City Council. Montgomery
questioned what happened to that process. John Curtis, Minnesota Association of Sober
Houses, said that he would be interested in participating in a public hearing process.
Montgomery said she does not want her citizens to get a false since of hope because, due
to federal law, the City cannot deny a legitimate sober house. She would like to see staff
complete the process and move forward after a public hearing.
Councilmember Benanav stated that there is a public hearing on October 3, and people
will have an opportunity to testify. The Council asked for a study two years ago, and it
has not come yet. This moratorium says that until they see a study or the Council acts,
the proliferation and concentration of sober homes should cease. There are legal grounds
to pass a moratorium. The City Attorney prepared the resolution at his request and there
should be a thoughtful discussion. They would like to see what are reasonable
accommodations for sober homes.
Councilmember Montgomery stated that she has several sober houses in her ward. She
has been asking staff from the Department of Safety and Inspections and the City
Attorney’s Office to see what they can do to address this issue.
Montgomery stated that it is her understanding that Benanav had a meeting and City staff
was there. She would like to make sure her community has the same meeting. Benanav
responded that the conclusion was that they can do this.
Montgomery stated that she will take the City Attorney’s opinion as to whether it is legal
or not. There are legal implications that go along with this. Jerry Hendrickson, Assistant
City Attorney, said that the City cannot outlaw sober houses but there are reasonable
regulations that can be imposed. A moratorium is permissible at this time.
September 12, 2007 City Council Summary Minutes Page 7
Councilmember Harris stated that sober houses are an important part of the recovery
process. Unfortunately, some people who operate them from a profit standpoint fail to
understand how important a facility is to recovery. He will support the moratorium.
Councilmember Benanav moved approval.
Adopted Yeas – 7 Nays – 0
24. Resolution – 07-846 – Waiving the 45-day notification requirements and granting,
with conditions, Liquor On Sale, Sunday Liquor On Sale, and 2:00 a.m. closing
license to Irish Horn, Inc., d/b/a Schwietz’s Saloon, 956 Payne Avenue.
Councilmember Bostrom moved to introduce a substitute resolution. It has been changed
to Irish Horn LLC and is no longer incorporated.
Substitute adopted Yeas – 7 Nays – 0
29. Resolution – 07-851 – Certifying the proposed maximum tax levy for the City of Saint
Paul for taxes payable in 2008. (GS 3043594)
Councilmember Helgen presented a substitute resolution with a change on the
spreadsheet in middle column.
Matt Smith, Director of Financial Services said this version corresponds to the yellow
column on the spread sheet. It is a swap of the levy and LGS financing.
Helgen stated there will be a separate resolution for HRA.
Councilmember Harris said the HRA is separate, does not touch the $1.4 million, and
supports the Mayor’s proposal. From a procedural standpoint, this resolution also
includes support for the library.
Mr. Smith stated they had to have separate treatment of the library agency. Ultimately,
the City is levying on behalf of the library agency. It is important the levy for the library
be in the final resolution.
The meeting was recessed from 3:53 p.m. to 4:09 p.m.
Present – 7 Nays – 0
Councilmember Bostrom moved to introduce Substitute Resolution C.
Yes – 7 Nays – 0
September 12, 2007 City Council Summary Minutes Page 8
Benanav asked if this is the Mayor’s proposal and Lantry responded that it is.
Helgen pointed out that Lines 9 and 10 have additional intentional language and Bostrom
accepted responsibility for the language.
Harris stated that he will not support this saying there is now a $300,000 gap in the
Mayor’s budget which will need to be filled by a permanent, ongoing funding source.
Lantry stated that she also will not support it. The difference between this year and other
years is that the money is actually there. he Mayor has worked hard and made some bold
choices in his budget. She worries about having the authority to spend up to this amount
and would like to see the Council work on making spending adjustments and other
adjustments.
Councilmember Montgomery stated she will not support it either as there should not be
this high of a property tax increase. She is hoping they can find money for the libraries.
Benanav stated that he agrees with Lantry and Montgomery. He would prefer to have a
lower levy but if they want to keep the City vibrant—including libraries—he does not
have much of a choice. The library is the only place a lot of seniors can go and a message
is being sent that they will not lower taxes but are cutting the rec. centers and the
libraries. Real money has to be spent to keep the libraries and rec. centers open.
Councilmember Thune spoke in support. If someone does not want to levy the taxes,
they should be ready for some cuts. He call it a political game being played by other
legislative bodies. The maximum levy gives some room to maneuver. The Governor has
the City in a bad position and the only responsible thing to do is to pass this levy.
Councilmember Bostrom moved approval.
Substitute Resolution C Adopted Yeas – 4 Nays – 3 (Harris, Lantry, Montgomery)
30. Resolution – 07-852 – Requesting amendments to the 2006 and 2007 CIB budgets which
would authorize the use of $170,000 in the 2006 CIB contingency funds to establish a
budget for preliminary planning on the Arlington/Merrick project beginning in 2007. (GS
3043396)
Councilmember Bostrom moved approval.
Bob Biersheid, Director of Parks and Recreation, appeared and said the resolution
addresses discussions previously held. More collaboration is needed and the resolution
looks at that and ensures it’s done in the best way.
September 12, 2007 City Council Summary Minutes Page 9
Councilmember Benanav stated that whenever they build a new library, one library gets
resources, another library does not. Mr. Bierscheid responded that the resolution
addresses those concerns and makes sure it’s a balanced approach.
Councilmember Helgen stated he is not certain about Merrick’s ability and he is
concerned about the Friends of the Library. The planning process is fine, but he does not
see a commitment to merge some libraries. He wonders about the willingness of the
community to merge rec centers into a better one or merge libraries into a better one at
the expense of others. There needs to be a conversation about where the money is
coming from, he said. He suggested laying this over for a couple of weeks. Mr.
Bierscheid responded that is the purpose of the study - whether or not the issue should be
raised.
Helgen asked if this went through the CIB budget process. Council President Lantry
responded that will take place in December. Mr. Bierscheid concurred saying it is
proposed to be part of the CIB budget.
Matt Smith said the resolution would allow them to build this year instead of waiting
until next year.
Lantry stated that they should decide first when they are going to do a project and it
should be done during the CIB process.
Sherry Pemberton, Department of Planning and Economic De velopment, appeared and
stated the $170,000 was an estimate and is not a commitment to construct this building.
It was started by Arden Hills Lutheran Church and they talked to Parks and Rec. about the
potential. This is a master vision plan to talk to Parks, the Library, Arden Hills Church,
etc. to see if they can come together to use the same space and to be more effective. It is
trying to figure out if it is feasible.
Thune stated this is not about just building a library but about opportunities in three
wards. Resources will be redistributed. Several agencies are interested in collaborating
on the project. Opportunities like this do not happen very often to bring together private
owners, agencies, churches, funeral homes, rec. centers, libraries. It is the kind of thing
that supplements City services and saves money in the long run.
Bostrom stated that this started when Merrick Community Center talked about co-
locating at Arlington Rec. Center but found it is not a large enough site. Library Director
Melanie Huggins attended one of the meetings and talked about how the library fits into
the neighborhood and the library plan. Arlington is a small library that does not lend
itself to redevelopment. If the community is interested, they could add the library to part
of the overall facility. The community thought it was a good idea. They are at the point
September 12, 2007 City Council Summary Minutes Page 10
where there is a lot of neighborhood support. Merrick is on a fundraising program.
Friends of the Library do not want to get involved in this because they may have to seek
some of the same donors as Merrick. This is about dealing with kids and seniors. This
allows three agencies to come together under one roof and serve a different clientele. A
person can do research at the library, go to the rec. center, and the Merrick Center can
handle another part of the social service. This is an opportunity that does not present
itself very often and would set the stage on how the City does things in the future with
other agencies.
Harris stated that he is not sure what $100,000 will pay for and if they need that much
money. He would like someone from staff to address when and how they would make
good on their promise that the other libraries would be part of the visioning process. Or,
it could be referred to the Library Board.
Lantry said she would like to know how the City would pay for all of it saying the debt
service fund is going to crash. If there is no money, she doesn’t understand why new
facilities would be built without a longer term plan in place.
Bostrom said these are kids who need opportunities and outlets. This neighborhood
needs help and is in transition. These three facilities offer a unique opportunity to serve
this changing neighborhood.
Thune added that there is too much at stake to delay on this. If they want to proceed
further on West 7th, maybe there would be money leftover to do this, but that is not why
he is supporting it. Merrick is in the Railroad Island are and they are planning to leave.
The City needs to work with Merrick as they plan their move. Presently, there are private
organizations and churches that want to get involved. It is a matter of planning for an
entire community’s resources. He said they all know the realities of budgets, but this is
the way to get more bang for the buck, to be able to respond quickly, much like a
business. They are trying to move quickly so they can take advantage of these partners.
Montgomery stated that she assumed everyone was briefed by Parks staff. The
partnership is going to make this a feasible project and at some point, they have to
become better partners with the private sector, she said
Harris stated no one is trying to stop the project, but he thinks that a couple of weeks
could give them time to get more information and get information on how other projects
are part of this plan. He was told Highland, Sun Ray, and West Seventh are part of this
but he didn’t see it as part of the resolution.
September 12, 2007 City Council Summary Minutes Page 11
Bostrom moved a two week layover. He encouraged everyone to talk to the people from
the Libraries, Merrick, and Parks and Rec. to get a sense of what going on.
Laid over to September 26 Yeas – 7 Nays – 0
31. Update from Marcia Moermond, Legislative Hearing Officer, on property at 332 St. Clair
Avenue. (Progress report requested by Council on February 7, 2007; laid over August 8)
Councilmember Thune stated there is some progress with this property. It has been dealt
with by the Historic Preservation Commission (HPC) and they say they do not have an
interest in it.
Ms. Moermond stated that she would like this matter continued to the November 7 public
hearings at which point she will have a resolution to lift the stay on the order to remove or
repair the building. Meanwhile, she would like to give official notification to the owner
and lienholders on the property of the City’s intent to move forward to remove the
building. The HPC has considered this property and they will be discussing those
findings and including them in a report to the City Council.
Councilmember Thune moved to lay over to November 7 for a public hearing.
Laid over to November 7 Public Hearing 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.
32. Second Reading – 07-801 – An ordinance establishing Sibley Street between Ninth and
Tenth Streets as a one-way northbound and Temperance Street between Ninth and Tenth
Streets as a one-way southbound. (GS 3043227)
Laid over to September 19 for third reading/public hearing
33. First Reading – 07-853 – An ordinance amending Chapter 40 of the St. Paul Legislative
Code to provide the Fire Marshal authority to suspend or revoke the fire certificate of
occupancy when an owner or interested party cannot be identified after a good-faith
effort. (GS 3043535)
Laid over to September 19 for second reading
September 12, 2007 City Council Summary Minutes Page 12
Suspension Items
Councilmember Helgen moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-854 – Canvassing the returns and declaring the results of the City
Primary Election held on September 11, 2007 in the City of Saint Paul.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Thune moved to adjourn the meeting. Yeas – 7 Nays – 0
ADJOURNED at 5:10 P.M.
ATTEST:
_____________________________ ____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___November 7, 2007__________
Racquel Naylor Minutes approved by Council