Minutes 10-10-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, October 10, 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 - 29)
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 Helgen requested item 21 be removed for discussion.
Council President Lantry laid over items 23 through 26 and 28 to October 17.
Councilmember Harris moved approval of the consent agenda as amended
Adopted as amended Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Virginia Graham, Melissa A. Haley, Bernard E. Miller, Randy L.
Skrove, Elizabeth A. Smolinski, Qwest, and Carole S. Zellie.
Referred to Risk Management
2. Summons and Complaint and Petition for Writ of Mandamus in the matter of
Richard Wybierala vs. the City of Saint Paul.
Referred to the City Attorney’s Office
3. Complaint and Interrogatories in the matter of Teresa Cardona, parent and natural
guardian of Grisel Cardona, vs. the City of Saint Paul, et al.
Referred to the City Attorney’s Office
October 10, 2007 City Council Summary Minutes Page 2
4. Letter from the Department of Safety and Inspections announcing a continuation of a
public hearing before the City Council on October 17, 2007 concerning the appeal of
Judith Beck and 31 neighbors to a decision of the Board of Zoning Appeals approving the
variances for lot coverage and setbacks to redevelop the St. Paul Church Home site for
senior housing with underground parking and townhomes. (This is a revised hearing
notice which reflects proposed changes to the variances requested as a result of
discussions between the appellants and the developer.) [ZF 07-137535] (Public hearing
continued from October 3)
5. Letter from the Department of Planning and Economic Development announcing a
public hearing before the City Council on October 17, 2007 to consider the
application of James McCann for a Combined Plat for Update Addition to create five (5)
industrial parcels and variance of parkland dedication requirement at 2340 Capp Road
and 2325 Endicott Street, southwest corner at Hersey Street. [ZF 07-087-802]
6. Administrative Order:
D002678 Amending the budget to reflect the allocation of STAR funds awarded
through Wards 3, 4, and 6 Neighborhood Investment Initiative Program.
On file in the City Clerk’s Office
FOR ACTION
7. Resolution – 07-907 – Approving the Labor Agreement between the City and the Lakes
and Plains Regional Council of Carpenters and Joiners for the period May 1, 2007
through April 30, 2010. (Laid over from October 3 for adoption)
Adopted Yeas – 7 Nays – 0
8. Resolution – 07-908 – Approving the Memorandum of Agreement between the City and
the Saint Paul Fire Supervisory Association, Local 3939, regarding health insurance
options and contribution levels for 2008, 2009, and 2010. (Laid over from October 3 for
adoption)
Adopted Yeas – 7 Nays – 0
9. Resolution – 07-945 – Approving the change in rate of pay for the classification of
Payroll Auditor from Grade 030 to Grade 031 of Bargaining Unit 01, AFSCME District
Council #5, Clerical Local Union #2508.
Adopted Yeas – 7 Nays – 0
10. Resolution – 07-946 – Declaring Monday, September 24, 2007 to be Charles “Chuck”
Aguirre Day in the City of Saint Paul.
Adopted Yeas – 7 Nays – 0
October 10, 2007 City Council Summary Minutes Page 3
11. Resolution – 07-947 – Approving the reappointment of Shari A. Moore, made by the City
Council, as City Clerk.
Adopted Yeas – 7 Nays – 0
12. Resolution – 07-948 – Approving the appointments of Curt Milburn, Chad Kulas, Jerry
Hanson, Richard Dunn, David Regan, Judd Fenlon, Chad Curran, Ken Liddell, Phil
Owens and Pat Mancini, and the reappointments of Tom Azzone, David Baker, Teri
Banaszewski, Bill Cosgriff, Tait Danielson, Billie Young, Pat Igo, and Mike Skillrud, by
Mayor Coleman, to the Business Review Council.
Adopted Yeas – 7 Nays – 0
13. Resolution – 07-949 –Approving the appointment of Ken Peterson and Nancy Homans,
and the reappointments of Becky Hicks and Bob Odman, by Mayor Coleman, to the
Ramsey County/City of Saint Paul Homeless Advisory Board.
Adopted Yeas – 7 Nays – 0
14. Resolution – 07-950 – Approving the appointment of Jeanette Sobania (Alternate), and
the reappointment of Lynn Larkin Wright (Delegate), by Mayor Coleman, to the Civil
Service Commission.
Adopted Yeas – 7 Nays – 0
15. Resolution – 07-951 – Approving the reappointment of George Fremder, by Mayor
Coleman, to the At-Large position on the District Energy Board of Directors.
Adopted Yeas – 7 Nays – 0
16. Resolution – 07-952 – Approving the reappointments of Shirley Kane and Maria
Manzanares, by Mayor Coleman, to the Saint Paul Public Housing Agency.
Adopted Yeas – 7 Nays – 0
17. Resolution – 07-953 – Approving the decision of the Legislative Hearing Officer on
Appeals of Letters and Letters of Deficiency for properties at 41 Douglas Street, 1893
Marshall Avenue, and 1204 Sherburne Avenue.
Adopted Yeas – 7 Nays – 0
18. Resolution – 07-954 – Approving the decision of the Legislative Hearing Office on
Appeals of Letters of Deficiency for properties at 283 Harrison Avenue and 2174
Princeton Avenue.
Adopted Yeas – 7 Nays – 0
October 10, 2007 City Council Summary Minutes Page 4
19. Resolution – 07-955 – Authorizing the Division of Parks and Recreation to enter into an
agreement with the Minnesota Department of Natural Resources to amend the City’s
2006 Shoreline Habitat Restoration grant for Lake Como.
Adopted Yeas – 7 Nays – 0
20. Resolution – 07-956 – Authorizing the Police Department to enter into a Community
Policing grant agreement with the State of Minnesota which provides funding for one
new officer assigned to community policing duties.
Adopted Yeas – 7 Nays – 0
21. Resolution – 07-957 – Authorizing the Police Department to enter into a Getting
Residents Involved Daily (GRID) project grant with the State of Minnesota which
provides funding for overtime hours for assigned sworn personnel to work in high crime
areas and assist in problem solving and crime prevention.
(Discussed after the consent agenda)
22. Resolution – 07-958 – Authorizing the Department of Public Works to enter into an
intercreditor agreement between the City and Ramsey County subordinating any City
security interest in processing equipment to be purchased and installed by Eureka
Recycling for glass processing, utilizing a loan from the Ramsey County Recycling
Market Development Fund.
Adopted Yeas – 7 Nays – 0
23. Resolution – 07-959 – Amending the 2007 budget to provide for the scope changes
needed in the renovation of the 15th floor City Hall Annex and for the repayment of the
loan in 2007.
Laid over to October 17 Yeas – 7 Nays – 0
24. Resolution – 07-960 – Amending the financing and spending plans of the Selby, Victoria,
Minnehaha, and Jessamine at Como Place projects by transferring MSA funding from
Selby Streetscape Phase I and PIA from the 2000 Local Street Improvement Program.
Laid over to October 17 Yeas – 7 Nays – 0
25. Resolution – 07-961 – Amending the spending and financing plans of the 2006
Residential Street Vitality Program by adding assessments and SPRWS funding and
transferring Sewer, PIA, and Street Improvement Bonds from other capital projects.
Laid over to October 17 Yeas – 7 Nays – 0
26. Resolution – 07-962 – Amending the spending and financing plans of the St. Peter/Rondo
Storm Tunnel Phase II project by transferring 2007 funding from the Sewer Utility Fund,
and surplus funding from the St. Peter/Rondo Storm Tunnel Phase I project.
Laid over to October 17 Yeas – 7 Nays – 0
October 10, 2007 City Council Summary Minutes Page 5
27. Resolution – 07-963 – Approving additional budget authority for various divisions for
defensive driving classes for Department of Public Works’ employees.
Adopted Yeas – 7 Nays – 0
28. Resolution – 07-964 – Amending the spending and financing plans of the 2007
Residential Street Vitality Program by adding SPRWS, STAR Grant funds and alley
assessments and transferring Major Sewer Repair, Stormwater Quality Improvements,
MSA and CIB funds from other capital projects.
Laid over to October 17 Yeas – 7 Nays – 0
29. Preliminary Order – 07-965 – In the matter of improving the alley in Michel and
Robertson’s Addition, Block 9, by grading and paving with bituminous material in the
area bounded by James, Palace, Chatsworth, and Milton, and in the matter of condemning
and taking an easement in the land necessary for the slopes, cuts and fills, including right
of removal of lateral support from subject land or land remainder thereof, occasioned by
excavation thereof or construction of slopes in the grading and paving the alley in Michel
and Robertson’s Addition, Block 9, and setting date of public hearing for November 21,
2007. [File No. 1908]
Adopted Yeas – 7 Nays – 0
------------------------------------------------------------------------------------------------------------
21. Resolution – 07-957 – Authorizing the Police Department to enter into a Getting
Residents Involved Daily (GRID) project grant with the State of Minnesota which
provides funding for overtime hours for assigned sworn personnel to work in high crime
areas and assist in problem solving and crime prevention.
Councilmember Helgen thanked the Police Department and staff for submitting this grant
and said positive successes have been seen on the GRID details working in the
community. He encouraged the Chief and Police Department to continue to work on this
to ensure that the resources are being targeted effectively.
Adopted Yeas – 7 Nays – 0
Councilmember Harris welcomed students from Cretin-Derham High School who attended the
meeting.
Councilmember Montgomery recognized K-9 Police Officers and their dogs for a recent pursuit
of a drug dealer and another for seizure of suspected methamphetamine.
October 10, 2007 City Council Summary Minutes Page 6
FOR DISCUSSION
30. Resolution 07-944 – Formally vacating the stay in implementation of Council File
#05-669, an Order to Remove or Repair 332 Saint Clair Avenue. (Laid over from
October 3)
Marcia Moermond, Legislative Hearing Officer, recalled that at the Council meeting one
week prior, she recommended that the Council adopt a resolution formally vacating the
stay on the demolition of this property. The order to remove or repair the property has
been in place for about two years and the stay for about 1-1/2 years. During this time, it
has been determined that it has little relatively, little if no historic value and the plans for
rehabilitation did not materialize. She noted that at the public hearing on October 3, the
Council heard from an attorney representing the neighbor of the property who had a
power of attorney regarding real estate matters signed by the property’s owners.
A Legislative Hearing was held on October 9, 2007 and Ms. Moermond said she
reiterated what was told to the attorney representing the neighbor regarding what was
required --- a work plan, a financial plan demonstrating the ability to complete
rehabilitation, a title demonstrating ownership of the property, payment of vacant
building fees, and posting a $5,000 bond. At the time of the Legislative Hearing on
October 3, none of those things had been done. She indicated that the new deadline
would be noon on this date for those things to be completed and she would reconsider her
recommendation. Nothing has been done, so she recommended that the Council adopt
the resolution.
Councilmember Harris moved approval.
Adopted Yeas – 7 Nays – 0
Suspension Item:
Council President Lantry moved suspension of the rules to consider the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-968 – Approving the appointments of Alan Emory, Stephanie Alstead,
and Brian Winkelaar, and the reappointments of Gerald Beedle, Michael Moser, Robert
Nardi, and James Reiter, by Mayor Coleman, to the Truth in Sale of Housing Board.
Councilmember Bostrom moved approval.
Adopted Yeas – 7 Nays – 0
October 10, 2007 City Council Summary Minutes Page 7
31. Consideration of the appeal of University United to a decision of the Planning
Commission approving the site plan for two new commercial buildings (a two-story
Walgreens with a drive-thru pharmacy window and a Big Top Liquor store) at 1532
University Avenue. [Zoning File 07-048836] (Public hearing held and laid over from
October 3)
Tom Beech, Department of Planning and Economic Development, provided an update on
a meeting held on October 9, 2007 at University United which was attended by people
from University United, people from the district council, The Design Center, Midway
Chamber of Commerce, representatives from Councilmembers Montgomery’s and
Benanav’s offices as well as Mr. Beech. University United presented three alternative
plans. The pros and cons of those plans were discussed as well as the plan which was
before the Council on October 3. Mr. Beech distributed the plans to the Council: the plan
that was approved by the Planning Commission and three alternatives which he
explained. He said a compromise was not reached and University United and the
neighborhoods asked the applicant if he would agree to a layover to accommodate the
stationary planning for the LRT station which will be going on over the next few months.
The applicant said they would prefer a decision if possible.
Councilmember Montgomery read a statement and moved to deny the appeal with
conditions. A brief discussion ensued.
Motion of Intent – Appeal denied with conditions 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. Final Adoption – 07-853 – An ordinance amending Chapter 40 of the Saint 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.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
33. Final Adoption – 07-887 – An interim ordinance pursuant to Minn. Stat. 462.355, Subd.
4, preserving the status quo regarding a residential property use commonly known as a
“sober house” pending the completion of studies of possible amendments to the City’s
official controls.
October 10, 2007 City Council Summary Minutes Page 8
Councilmember Benanav clarified that there was never an attempt to ban sober houses.
They do good work and there are outstanding organizations that run sober homes;
however, he said they want to get a handle on this and make sure that these organizations
can continue and that the community, as well as the residents of sober homes, are well
protected and well regarded. As soon as the study is completed, it will be before the
Council for a decision.
Councilmember Benanav moved approval.
Adopted Yeas – 7 Nays – 0
34. Second Reading – 07-925 – An ordinance amending Section 140.06 of the Saint Paul
Legislative Code regulating conduct in the skyway system by deleting obsolete language
and adding new language reflecting changes in the administrative process for regulating
skyway conduct.
Laid over to October 17 for third reading/public hearing
35. Second Reading – 07-926 – An ordinance amending Chapter 366A of the Saint Paul
Legislative Code, Parades, Races, and Public Assemblies by moving skyway permits to
Chapter 140.
Laid over to October 17 for third reading/public hearing
36. First Reading – 07-966 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to increase license fees (except restaurants and on-sale liquor) to reflect
the current level of service.
Laid over to October 17 for second reading
37. First Reading – 07-967 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to increase license fees for restaurants and on-sale liquor to reflect the
current level of service.
Laid over to October 17 for second reading
Councilmember Helgen said he was concerned about increasing these fees at the
proposed schedule. He requested that staff provide the Council with a cumulative effect
on a sample number of Class B bars and restaurants as well as restaurants with beer and
wine licenses from each ward in order to get a picture of the real impact is when all the
license increases are added up.
Councilmember Harris noted that Bob Kessler, Director of the Department of Safety
Inspections will be submitting a substitute ordinance.
October 10, 2007 City Council Summary Minutes Page 9
Councilmember Thune moved to adjourn the meeting.
ADJOURNED at 4:05 P.M.
ATTEST:
__________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: __November 28, 2007 ___________
Mary Erickson Minutes approved by Council