Minutes 10-24-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, October 24, 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 - 27)
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 removed item 10 for discussion.
Councilmember Benanav removed item 15 for discussion.
Council President Lantry removed item 17 for discussion.
Councilmember Montgomery removed item 24 for discussion.
Councilmember Thune moved approval of the consent agenda as amended.
Adopted as amended Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Ling Chen, Lois J. McGee Harrison, Joanne K. Nguyen, Matthew J. Pahs,
Joshua J. Plumley, Caddy (Carolyn) A. Rowland, Christine M. Schouveller,
Hanh Vo, Neng Vue, and George J. Wallin.
Referred to Risk Management
2. Summons and Complaint in the matter of Thomas J. Walters, III vs. the City of Saint
Paul.
Referred to the City Attorney’s Office
3. First Amended Appeal of Special Assessment in the matter of Hyacinth Properties, LLC
vs. the City of St. Paul. (Property at 55 and 65 W. Hyacinth)
Referred to the City Attorney’s Office
October 24, 2007 City Council Summary Minutes Page 2
4. Letter from the Department of Planning and Economic Development announcing a
public hearing before the City Council on November 7, 2007 to consider the appeal of
Mr. Galaleldin Hussein to a decision of the Planning Commission denying a conditional
use permit for outdoor auto sales at 373 Ruth Street North. (ZF 07-169-078)
5. Letter from the Department of Planning and Economic Development announcing a
public hearing before the City Council on November 7, 2007 to consider the
application of James and Angela Goddard for variance of subdivision regulations to
permit the creation of a dead-end alley by vacating a section of the alley from 535
Montcalm Place north to Montcalm Place. [ZF 07-169-743]
6. Letter from the Office of the City Attorney announcing a hearing before an
Administrative Law Judge on October 30, 2007 at 9:30 a.m. in the Office of
Administrative Hearings, 600 North Robert Street-First Floor, Saint Paul, MN to consider
the Retail Food – Restricted Food Service; Retail Food (C) Grocery 1001-2000 Sq. Ft.,
and Cigarette/Tobacco licenses held by Gas It For Less & Food, Inc., d/b/a West 7th
Market, 675 7th Street West; and the Gas Station license application submitted by Gas It
For Less & Food, Inc., d/b/a West 7th Market, 675 7th Street West.
7. Letters from the Department of Safety and Inspections/Code Enforcement declaring 733
Bradley Street, 894 Clark Street, 400 Edmund Avenue, 470 Lawson Avenue West, 1445
Mechanic Avenue, 262 Sidney Street East, and 505 Whitall Street as nuisance properties.
(For notification purposes only; public hearings will be held at a later date if necessary.)
8. Administrative Order:
D002679 Authorizing the Police Department to remit payment for travel for
the Chair of the Police-Civilian Internal Affairs Review
Commission, a non-city employee, to attend the “National
Association of Civilian Oversight of Law Enforcement” annual
conference in San Jose, CA from September 25-28, 2007.
On file with the City Clerk
FOR ACTION
9. Resolution – 07-1005 – Approving the appointment of Todd Axtell and the
reappointments of Ted Davis and Mary Jo Woolf, by Mayor Coleman, to the Saint Paul
RiverCentre Convention and Visitors Authority. (GS 3045318)
Adopted Yeas – 7 Nays – 0
10. Resolution – 07-1006 – Authorizing the execution in 2007 of a swap agreement
associated with RiverCentre Arena debt.
(Discussed after the consent agenda)
October 24, 2007 City Council Summary Minutes Page 3
11. Resolution – 07-1007 – Appointing outside counsel for a City employee in a personal
injury lawsuit.
Adopted Yeas – 7 Nays – 0
12. Resolution – 07-1008 – Memorializing City Council action taken October 3, 2007
denying the appeal, with conditions, of Tom Dimond to a decision of the Planning
Commission approving the vegetation plan for the floodwall and sewer work at Holman
Field, 644 Bayfield Street.
Adopted Yeas – 7 Nays – 0
13. Resolution – 07-1009 – Granting a refund of the zoning appeal fee in the matter of
Zoning File 07-074111.
Adopted Yeas – 7 Nays – 0
14. Resolution – 07-1010 – Submitting proposed amendments to Section 64.414 of the Saint
Paul Legislative Code, entitled “Roof Signs,” to the Planning Commission for study.
Adopted Yeas – 7 Nays – 0
15. Resolution – 07-1011 – Requesting that except for necessary repairs and maintenance to
Ayd Mill Road, no additional funds shall be appropriated for, or construction done, on
Ayd Mill Road until the Environmental Impact Statement (EIS) is complete and the Ayd
Mill Road Task Force be reconvened to revise the final EIS.
(Discussed after the consent agenda)
16. Resolution – 07-1012 – Approving the decision of the Legislative Hearing Officer on
Appeals of Letters of Deficiency for properties at 1517 Grand Avenue, 1208 Kent Street,
1069 Ross Avenue, 1307 Thomas Avenue, and 1108 Wilson Avenue. (GS 3045315)
Adopted Yeas – 7 Nays – 0
17. Resolution – 07-1013 – Waiving the 45-day notification requirements and granting, with
conditions, Liquor On Sale (over 100 seats), Liquor On Sale 2:00 a.m. Closing, and
Liquor On Sale-Sunday licenses to The Strip Club Meat and Fish, 378 Maria Avenue.
(Discussed after the consent agenda)
18. Resolution – 07-1014 – Authorizing the Division of Parks and Recreation to increase the
security budget in the General Fund as is necessary to enter into an agreement with Biko
Associates, Inc. to furnish professional services for the Bicycle Transportation Master
Plan.
(Discussed after the consent agenda)
October 24, 2007 City Council Summary Minutes Page 4
19. Resolution – 07-1015 – Authorizing the Police Department to enter into a Memorandum
of Understanding with the United States Marshals Service (USMS) to participate in the
District Fugitive Task Force with the USMS to assist in the apprehension of fugitives.
Adopted Yeas – 7 Nays – 0
20. Resolution – 07-1016 – Authorizing the Police Department to enter into a 2007 Internet
Crimes Against Children (ICAC) grant.
Adopted Yeas – 7 Nays – 0
21. Resolution – 07-1017 – Establishing a 2007 financing and spending plan in the Police
Department for the 2006 Buffer Zone Protection grant.
Adopted Yeas – 7 Nays – 0
22. Resolution – 07-1018 – Establishing the 2008 Residential Street Vitality Program
assessment rates.
Adopted Yeas – 7 Nays – 0
23. Resolution – 07-1019 – Granting fund approval of the 2008 Residential Street Vitality
Project areas and tentative approval of 2009-2012 project areas.
Adopted Yeas – 7 Nays – 0
24. Resolution – 07-1020 – Authorizing the withholding of tax forfeit parcels from public
sale for six months.
(Discussed after the consent agenda)
25. Resolution – 07-1021 – Amending the legal description for an easement approved by
Council File 07-270 on March 25, 2007 granted to the City from Regions Hospital.
Adopted Yeas – 7 Nays – 0
26. Resolution – 07-1022 – Accepting conveyance of a Downtown Tot Lot parcel from the
Housing and Redevelopment Authority and execution of related promissory note.
Adopted Yeas – 7 Nays – 0
27. Resolution Approving Assessment – 07-1023 – In the matter of summary abatements
(graffiti removal) on private properties from August 28 to September 11, 2007 (J0705P);
summary abatements (property clean up) on private properties from August 30 to
September 13, 2007 (J0715A); providing weekly garbage hauling services from August
31 to September 12, 2007 (J0715G); summary abatement for the excessive consumption
of inspection services for property code violations billed from May 17 to June 27, 2007
(J0705E); and setting date of Legislative Hearings for November 20, 2007 and City
Council public hearings for January 16, 2008.
Adopted Yeas – 7 Nays – 0
October 24, 2007 City Council Summary Minutes Page 5
------------------------------------------------------------------------------------------------------------
10. Resolution – 07-1006 – Authorizing the execution in 2007 of a swap agreement
associated with RiverCentre Arena debt.
Bob Geurs, Finance Department, explained that that resolution is for the Council to
authorize a parameters resolution to enter into the City’s second swap agreement. The
last time this was done was in the summer of 2005 on the arena dept. Geurs said this is
an opportunity to save $380,000 to $500,000 a year. Presently the arena debt is at 7%.
This is a technique that has been used in the past and the only thing different from the
resolution adopted two years ago is that the first contract was recently terminated and the
City received money for getting out of the contract. There is language is this resolution
indicating there has to be standards that the money should be applied for debt service
savings. If there was any reason to terminate this agreement early, the Council will now
have direction on how to do it. The only obligation under the resolution, other than to
enter into the contract when the interest rate gets at or below 5.30%, is that the City
would issue variable rate bonds in the spring of 2009.
Councilmember Thune moved approval.
Adopted Yeas – 6 Nays – 0 Abstention – 1 (Harris)
15. Resolution – 07-1011 – Requesting that except for necessary repairs and maintenance to
Ayd Mill Road, no additional funds shall be appropriated for, or construction done, on
Ayd Mill Road until the Environmental Impact Statement (EIS) is complete and the Ayd
Mill Road Task Force be reconvened to revise the final EIS.
Councilmember Benanav presented a substitute resolution. He noted that the current
Council, former Mayor Norm Coleman, and current Mayor Chris Coleman are on record
as supporting the two-lane alternative for Ayd Mill Road. Mayor Randy Kelly chose to
study a four-lane alternative. Benanav said he wants the Council to go back on record
supporting a two-lane alternative. The resolution sates that the Ayd Mill Task Force will
be reconvened to complete a supplemental EIS to study the two-lane alternative and if it’s
determined that a supplemental EIS is necessary, to study the two-lane extension
alternative to St. Anthony. Benanav accepted a friendly amendment from
Councilmember Harris pertaining to the entrance and exit ramps on the south side of
Grand Avenue and the south side of St. Clair Avenue and having them moved
Councilmember Benanav moved approval of the substitute resolution as amended.
Substitute introduced, amended, and adopted
Yeas – 7 Nays – 0
October 24, 2007 City Council Summary Minutes Page 6
17. Resolution – 07-1013 – Waiving the 45-day notification requirements and granting, with
conditions, Liquor On Sale (over 100 seats), Liquor On Sale 2:00 a.m. Closing, and
Liquor On Sale-Sunday licenses to The Strip Club Meat and Fish, 378 Maria Avenue.
The proprietors of The Strip Club Mean and Fish, and also the owners of the Town Talk
Diner in Minneapolis, were welcomed to St. Paul by Council President Lantry to St. Paul.
They extended their appreciation to the City of Saint Paul for its support.
Council President Lantry moved approval.
Adopted Yeas – 7 Nays – 0
24. Resolution – 07-1020 – Authorizing the withholding of tax forfeit parcels from public
sale for six months.
Councilmember Montgomery expressed concern that 706 Charles Avenue was listed as
future housing development and on the second page it’s listed as parkland and potential
community gardens.
Councilmember Montgomery moved to lay over to November 7.
Yeas – 7 Nays – 0
Later in the meeting Montgomery recalled this item.
Yeas – 6 Nays – 0 (Benanav not present)
Councilmember Montgomery moved approval.
Adopted Yeas – 6 Nays – 0 (Benanav not present)
Suspension Items
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-1024 – Waiving the 45-day notice requirement and granting On Sale
Wine and On Sale Malt (Strong) licenses to Ruam Mit Thai, Inc., d/b/a Ruam Mit Thai,
475 St. Peter Street.
Thune expressed his delight that Ruam Mit was going to re-open.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Benanav moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
October 24, 2007 City Council Summary Minutes Page 7
Resolution – 07-1025 – Waiving the 45-day notice requirement and granting On Sale
Wine and On Sale Malt (Strong) licenses to Firefly air Solutions, LLC, d/b/a 128 Café,
128 N. Cleveland Avenue.
Councilmember Benanav moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Benanav moved suspension of the rules to introduce the following ordinance for
first reading: Yeas – 7 Nays – 0
First Reading – 07-1026 – An ordinance amending Chapter 64 of the Saint Paul
Legislative Code to ban new roof signs.
Laid over to November 7 for second reading
Councilmember Benanav moved suspension of the rules to introduce the following ordinance for
first reading: Yeas – 7 Nays – 0
First Reading – 07-1027 – An ordinance amending Chapter 64 of the Saint Paul
Legislative Code pertaining to roof signs by adding new language regulating the
orientation and design appearance of roof signs.
Laid over to November 7 for second reading
Councilmember Montgomery moved suspension of the rules to introduce the following
resolution:
Yeas – 7 Nays – 0
Resolution – 07-1028 – Memorializing City Council action taken October 17, 2007
denying the appeal, with addition of modified variances, 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 at 484 Ashland Ave.
Councilmember Montgomery moved approval.
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
28. Resolution – 07-994 – Adopting the Central Corridor Development Strategy as a Chapter
of the City’s Comprehensive Plan. (Laid over from October 17)
Donna Drummond, Department of Planning and Economic Development, presented a
substitute resolution and briefly explained the changes.
October 24, 2007 City Council Summary Minutes Page 8
Councilmember Montgomery moved approval of the substitute resolution.
Substitute adopted Yeas – 6 Nays – 0 (Benanav not present)
29. Resolution Ratifying Assessment - 07-995 – In the matter of the assessment of benefits,
cost, and expenses for repair of sanitary sewer connections from January to June 2007.
[File No. SWRP0702B] (Laid over from October 17)
Council President Lantry noted that at the previous week’s meeting a homeowner was
present who expressed concern about the sewer connection and she directed him to talk
with staff from the Public Works Sewer Division. She said an easement would have been
required for going across an adjacent property which was not done and which possibly
means that at one time someone owned both parcels.
Council President Lantry moved approval.
Adopted Yeas – 6 Nays – 0 (Benanav not present)
30. Consideration of 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) (Public hearing held and laid over from October 17)
Councilmember Benanav moved to grant the appeal and reduce the park dedication fee to
$2,228.00 based on an error in Finding No. 5 of the Planning Commission where they
indicate, “special circumstances do not result from the actions of the applicant and this
finding is not satisfied.” Benanav said it is satisfied because the reason the park
dedication fee was as high as it was because of the replatting which City staff suggested
to the owner. The owner was going to split the lot which would not have imposed the
fee. Because they replatted land they’ve owned for 27 years, he said it seemed unfair.
They said they were willing to contribute based on the new land but not the old land, thus
the fee reduction.
Motion of Intent – Application granted
Yeas – 6 Nays – 0 (Montgomery not present)
Council President Lantry moved to lay over items 31 through 35 as she was still waiting for
information from the Department of Public Works.
31. 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 from October 17)
Laid over to November 7
Yeas – 5 Nays – 1 (Helgen), (Benanav not present)
October 24, 2007 City Council Summary Minutes Page 9
32. 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 from October 17)
Laid over to November 7
Yeas – 5 Nays – 1 (Helgen) (Benanav not present)
33. 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 from October 17)
Laid over to November 7
Yeas – 5 Nays – 1 (Helgen) (Benanav not present)
34. 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
from October 17)
Laid over to November 7
Yeas – 5 Nays – 1 (Helgen) (Benanav not present)
35. 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 from October 17 )
Laid over to November 7
Yeas – 5 Nays – 1 (Helgen) (Benanav not present)
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.
36. Final Adoption – 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.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
October 24, 2007 City Council Summary Minutes Page 10
37. Final Adoption – 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. (Substitute introduced October 17)
Councilmember Thune moved approval.
Adopted Yeas – 6 Nays – 0 (Montgomery not present)
38. Second Reading – 07-992 – An ordinance amending Chapter 345 of the Saint Paul
Legislative Code (Peddlers, Solicitors and Transient Merchants) to ensure safety outside
entertainment venues and to clarify other requirements.
Laid over to November 14 for second reading
39. Second Reading – 07-1003 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code to raise permit fees 10%.
Laid over to November 7 for third reading/public hearing
40. Second Reading – 07-1004 – An ordinance amending Chapter 370 of the Saint Paul
Legislative Code to increase fees 10% for Certificate of Competency examinations.
Laid over to November 7 for third reading/public hearing
Councilmember Thune moved to adjourn the meeting.
ADJOURNED at 4:00 P.M.
ATTEST:
_____________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: __December 19, 2007______________
Mary Erickson Minutes approved by Council