Minutes 11-14-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 14, 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 – 4 – Bostrom, Harris, Lantry, Montgomery
Absent – 3 – Benanav and Thune (excused); Helgen (arrived after Consent Agenda)
Councilmember Montgomery moved approval of the Consent Agenda.
Adopted Yeas – 4 Nays – 0
CONSENT AGENDA (Items 1 - 32)
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of David M. Arth, Nancy Dale Bright, CMR (two claims for Qwest property),
Verlene Ensrud, Kurt D. Dougham, Brian Fitch, Raymond Garcia, Zania Hussain, and
Thomas D. Wimmer.
Referred to Risk Management
2. Summons and Complaint in the matter of Julie Thomas vs. the City of Saint Paul, et al.
Referred to the City Attorney’s Office
3. Summons and Complaint in the matter of Aurelia (Rita) Tessmer vs. the City of Saint
Paul. (332 St. Clair Avenue)
Referred to the City Attorney’s Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on November 21, 2007 to consider the report of the Administrative Law Judge
concerning the Restaurant (A) 0-12 Seats license held by Issam Alhuniti, d/b/a Chicago
Submarine, 614 Selby Avenue.
November 14, 2007 City Council Summary Minutes Page 2
5. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on November 21, 2007 to consider adverse action against the Cigarette/Tobacco
license held by Teclemariam Abraham & Amanuel Abraham, d/b/a A&T Market, 381
Minnesota Street.
6. Letters from the Department of Safety and Inspections/Code Enforcement declaring 329
Cesar Chavez Street, 82-84 Curtice Street East, 800 Duluth Street, 520 Farrington Street,
98 George Street East, 599 Hatch Street, 724 Jessamine Avenue East, 928 Marion Street,
242 Morton Street East, 1801 Nebraska Avenue East, 645 Oakdale Avenue, 861 St.
Anthony Avenue, 534 Thomas Avenue, and 586 Van Buren Avenue as nuisance
properties. (For notification purpose only; public hearings will be scheduled at a later
date if necessary.)
7. Administrative Orders:
D002680 Adjusting the 2007 training budget in the Department of Fire and
Safety Services.
D002681 Executing a one-year extension (2008) of Lease Agreement LIB/02
to provide library services in the West Seventh Community Center.
On File with the City Clerk
FOR ACTION
8. Resolution – 07-1029 – Approving the January 1, 2007 through December 31, 2007
Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul
Police Federation. (Laid over from November 7 for adoption)
Adopted Yeas – 4 Nays – 0
9. Resolution – 07-1069 – Approving the Collective Bargaining Agreement between the
City of Saint Paul and the Saint Paul Fire Supervisory Association, International
Association of Firefighters, Local 3939. (To be laid over one week for adoption)
Laid over to November 21 for adoption
10. Resolution – 07-1070 – Celebrating November 20, 2007 as Richard Radman Day in the
City of Saint Paul.
Adopted Yeas – 4 Nays – 0
11. Resolution – 07-1071 – Authorizing the appropriate City designees to solicit donations
and enter into contracts for the purpose of holding a City Council Inaugural Ball.
Adopted Yeas – 4 Nays – 0
November 14, 2007 City Council Summary Minutes Page 3
12. Resolution 07-1072 – Approving settlements of Ying Xiong v. Lawrence Langlois and
the City of St. Paul in the amount of $12,750.00; Xee Xiong v. Lawrence Langlois and
the City of Saint Paul in the amount of $12,750.00; and Pasha Yang v. Lawrence Langlois
and the City of Saint Paul in the amount of $10,750.00.
Adopted Yeas – 4 Nays – 0
13. Resolution – 07-1073 – Approving a second amendment to the Joint Powers Agreement
for acquisition of the Post Office building on Kellogg Boulevard.
Adopted Yeas – 4 Nays – 0
14. Resolution – 07-1074 – Approving expenditure of funds in the amount of $502.41 in the
Division of Parks and Recreation for airfare for a speaker at the 2007 Minnesota
Recreation and Parks Association Annual State Conference.
Adopted Yeas – 4 Nays – 0
15. Resolution – 07-1075 – Authorizing the Police Department to enter into a grant
agreement with the Department of Justice to be used for the ‘Stop Armed Gang Activity’
(SAGA) project.
Adopted Yeas – 4 Nays – 0
16. Resolution – 07-1076 – Authorizing the Department of Emergency Management to
accept a grant of $10,250.00 from the State of Minnesota for the 2007 Citizen Corp
Program Contract to enhance citizen outreach, education and involvement in emergency
preparedness, disaster response, and recovery and mitigation efforts.
Adopted Yeas – 4 Nays – 0
17. Resolution – 07-1077 – Approving a Cooperative Agreement for design and contract
administration work for three Ramsey County-owned bridges, performed by the Public
Works Design Group.
Adopted Yeas – 4 Nays – 0
18. Resolution – 07-1078 – Approving a Joint Powers Agreement between the Public Works
Design Group and Ramsey County for various projects.
Adopted Yeas – 4 Nays – 0
19. Resolution – 07-1079 – Approving the filing of additional certificates of Intended Non-
Use in connection with Resolution 07-993 for vacated right-of-way within the Shaw
Lumber site.
Adopted Yeas – 4 Nays – 0
November 14, 2007 City Council Summary Minutes Page 4
20. Resolution – 07-1080 – Setting Right-of-Way fees for the period January 1, 2008 through
December 31, 2008.
Adopted Yeas – 4 Nays – 0
21. Resolution – 07-1081 – Approving adverse action against the Cigarette/Tobacco license
held by Flor De Isote, LLC, d/b/a Flor De Isote, 935 Maryland Avenue East.
Adopted Yeas – 4 Nays – 0
22. Resolution – 07-1082 – Approving the application with conditions, per the Legislative
Hearing Officer, of Tom Scanlon, Scanlon’s Pub, Inc., d/b/a Dubliner Pub, 2162
University Avenue, to add a Liquor-Outdoor Service Area (Patio) license to existing
licenses.
Adopted Yeas – 4 Nays – 0
23. Resolution – 07-1083 – Approving the application with conditions, per the Legislative
Hearing Officer, of Dara Thai Restaurant, 769 Milton Street North, for Wine On Sale,
Malt On Sale (Strong), Liquor On Sale-2A.M. closing, and Entertainment B licenses.
Adopted Yeas – 4 Nays – 0
24. Resolution - 07-1084 – Approving the October 2, 2007 decisions of the Legislative
Hearing Officer on Appeals of Letters, Correction Notices, and Letters of Deficiency for
properties at 87 Acker Street East, 1880 Fairmount Avenue, 526 Thomas Avenue, 547
Michigan Street, and 1541 Carroll Avenue.
Adopted Yeas – 4 Nays – 0
25. Resolution - 07-1085 – Approving the October 16, 2007 decisions of the Legislative
Hearing Officer on Appeals of Letters, Correction Notices, and Letters of Deficiency for
properties at 333 Grand Avenue, 1067 Van Dyke Street, 2379 Bourne Avenue, 1519
Sherburne Avenue, and 1452 Ashland Avenue.
Adopted Yeas – 4 Nays – 0
26. Resolution – 07-1086 – Amending C.F. 07-759 to delete the assessment for graffiti
removal at 1119 Geranium Avenue.
Adopted Yeas – 4 Nays – 0
27. Resolution – 07-1087 – Amending C.F. 07-822 to delete the assessment for property
clean up (graffiti removal) for property at 880 Selby Avenue.
Adopted Yeas – 4 Nays – 0
28. Resolution – 07-1088 – Amending C.F. 07-942 to delete the assessment for a boarding up
at 658 Bush Avenue
Adopted Yeas – 4 Nays – 0
November 14, 2007 City Council Summary Minutes Page 5
29. Preliminary Order – 07-1089 – In the matter of acquiring property rights needed for right-
of-way purposes for the public purpose of replacing the Rice Street Bridge over the
Burlington Northern and Santa Fe Railway by removing the existing bridge and
constructing a new bridge, and setting date of public hearing for December 5, 2007. [File
No. AE2007-07]
Adopted Yeas – 4 Nays – 0
30. Preliminary Order – 07-1090 – In the matter of acquiring property rights needed for right-
of-way purposes for the public purpose of realigning the intersection of Cleveland
Avenue and St. Paul Avenue, and setting date of public hearing for December 5, 2007.
[File No. AE2007-10]
Adopted Yeas – 4 Nays – 0
31. Preliminary Order – 07-1091 – In the matter of acquiring the property at 350 Water Street
West, for the public purpose of removing blight, protecting bluff land adjacent to Harriet
Island Regional Park, providing space for a Lilydale Regional Park gateway feature,
possible future use to support operations at Harriet Island Regional Park, and setting date
of public hearing for December 5, 2007. [File No. AE2007-14]
Adopted Yeas – 4 Nays – 0
32. Resolution Ratifying Assessment – 07-1092 – In the matter of the assessment of benefits,
cost, and expenses for summary abatements (graffiti removal) on private properties from
September 11 to October 20, 2007 [J0706P]; summary abatement (property clean up) on
private properties from September 14 to October 12, 2007 [J0716A]; providing weekly
garbage hauling services from September 14 to October 10, 2007 [J0716G]; towing
abandoned vehicles from private properties during July 2007 [J0705V]; and setting date
of Legislative Hearings for December 4, 2007 and City Council public hearings for
February 6, 2008
Adopted Yeas – 4 Nays – 0
FOR DISCUSSION
33. Resolution – 07-1093 – Honoring Dave Jaszczak for his 35-plus years of service to the
Saint Paul Division of Parks and Recreation, and declaring Wednesday, November 14,
2007 as Dave Jaszczak Day in the City of Saint Paul.
Council President Lantry read the resolution honoring Dave Jaszczak and extended
congratulations. Mr. Jaszczak addressed the City Council.
Council President Lantry moved approval of the resolution.
Adopted Yeas – 5 Nays – 0
November 14, 2007 City Council Summary Minutes Page 6
MISCELLANEOUS
The City Council recognized Elizabeth Davis, City Council Policy Analyst, who is
leaving to work in the Department of Human Rights. Ms. Davis addressed the City
Council.
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.
34. Final Adoption – 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. (Substitute introduced November 7)
Councilmember Harris moved to lay over to December 5. Bob Kessler, Department of
Safety and Inspections (DSI), concurred with the layover.
Laid over to December 5 Yeas – 5 Nays – 0
35. Final Adoption – 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. (Substitute introduced November 7)
Council President Lantry moved to introduce a substitute ordinance, which contains a
revised fee schedule, and to lay over to December 5 for final adoption. The average of
the fees is about 12½ %.
Councilmember Helgen asked if an additional public hearing was required because of the
substitute. Lantry responded it was not required.
Bob Kessler stated they will be meeting with the industry to explain the latest change.
Substitute introduced and laid over to December 5 for final adoption
Yeas – 5 Nays – 0
36. Final Adoption – 07-1003 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code to raise permit fees 10%. (Substitute introduced November 7)
Councilmember Helgen moved approval.
Adopted Yeas – 5 Nays – 0
November 14, 2007 City Council Summary Minutes Page 7
37. Final Adoption – 07-1004 – An ordinance amending Chapter 370 of the Saint Paul
Legislative Code to increase fees 10% for Certificate of Competency examinations.
Councilmember Bostrom moved approval.
Adopted Yeas – 5 Nays – 0
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 from October 24)
Bob Kessler, Department of Safety and Inspections (DIS), asked for a two week layover
per Bill Huepenbecker at the RiverCentre Authority.
Councilmember Montgomery moved a layover to December 5.
Laid over to December 5 for third reading/public hearing Yeas – 5 Nays – 0
39. Second Reading – 07-1048 – An ordinance amending Chapters 87, 88, 89, 90, 91, 92, and
94 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Board
of Water Commissioners to increase fines, revise process for establishing certain charges,
and general housekeeping.
Laid over to November 21 for third reading/public hearing
40. Second Reading – 07-1049 – An ordinance amending Chapter 402 of the Saint Paul
Legislative Code to allow Bar Bingo.
Laid over to November 21 for third reading/public hearing
41. Second Reading – 07-1050 – An ordinance amending Chapter 403 of the Saint Paul
Legislative Code to allow Bar Bingo.
Laid over to November 21 for third reading/public hearing
42. Second Reading – 07-1051 – An ordinance amending Chapter 409 of the Saint Paul
Legislative Code to allow Bar Bingo.
Laid over to November 21 for third reading/public hearing
43. Second Reading – 07-1052 – An ordinance amending Chapter 331A of the Saint Paul
Legislative Code and creating Section 331A.11 of Chapter 331A to establish a system of
administrative enforcement of Food Safety regulations.
Laid over to November 21 for third reading/public hearing
44. Second Reading – 07-1053 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to include administrative penalties for food code violations.
Laid over to November 21 for third reading/public hearing
November 14, 2007 City Council Summary Minutes Page 8
45. Second Reading – 07-1066 – An ordinance amending Chapter 331A.04 of the Saint Paul
Legislative Code creating additional classifications of restaurants.
Laid over to November 21 for third reading/public hearing
Councilmember Montgomery introduced her guest.
Councilmember Helgen moved to adjourn the meeting.
Adjourned Yeas – 5 Nays – 0
ADJOURNED AT 3:53 P.M.
ATTEST:
_____________________________ ______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: __January 16, 2008 ____________
Racquel Naylor Minutes approved by Council