Minutes 11-28-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 28, 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 by Council President Lantry at 3:34 p.m..
Present – 4 – Bostrom, Helgen, Lantry, Montgomery
Absent – 3 – Benanav (arrived later in the meeting), Harris (excused), Thune (arrived after roll
call)
CONSENT AGENDA (Items 1 – 17)
Councilmember Helgen removed Items 6, 10 for discussion.
Council President Lantry removed Item 7 for discussion.
Councilmember Thune moved approval of the consent agenda as amended.
Yeas – 5 Nays – 0
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 Jan P. Gasterland, Arthur W. Katzman, Julie A. Korf, Sharon G.
Murphy, Yevgeniy Shimelfarb, and Darlene C. Tucker.
Referred to Risk Management
2. First Amended 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
3. Letter from the Office of the City Attorney announcing an Administrative Hearing
on Tuesday, December 4, 2007 at 9:30 a.m., Room 42 City Hall/Courthouse, 15 West
Kellogg Boulevard, concerning the Cigarette/Tobacco license held by Super Day, Inc.,
d/b/a Super Day, Inc., 281 Snelling Avenue North.
November 28, 2007 City Council Summary Minutes Page 2
4. Administrative Orders:
D002684 Authorizing the Police Department to use funds to pay for hall rental
for a Family Night training and orientation session for newly hired
police recruits and their families.
D002685 Authorizing the Police Department to use funds to pay for expenses,
including meals, related to the 2007-2 Police Recruit Academy
training at Camp Ripley, Little Falls, Minnesota on December 2-7,
2007.
D002686 Authorizing the proper City officials to remit an amount not to
exceed $650.00 to Big Top Wine and Spirits to cover expenses for
alcoholic beverages and refreshments for civilian volunteers
participating in the Standardized Field Sobriety Tests and DUI
procedures training on December 10-12, 2007.
On File with the City Clerk
FOR ACTION
5. Approval of minutes of September 19 and 26, 2007.
Adopted Yeas – 5 Nays - 0
6. Resolution – 07-1122 – Amending the 2007 Capital Improvement Budget to include
outdoor refrigerated ice rinks.
(Discussed after the consent agenda)
7. Resolution – 07-1123 – Approving a waiver of Neighborhood STAR Program Guidelines
for three outdoor refrigerated skating rinks.
(Discussed after the consent agenda)
8. Resolution – 07-1124 – Authorizing application to the Department of Housing and Urban
Development for an Economic Development Initiative-Special Project Grant for the
Ames Lake Neighborhood Project.
Adopted Yeas – 5 Nays – 0
9. Resolution – 07-1125 – Authorizing the Police Department to apply for and accept a
Federal Port Security Grant in the amount of $2,218,650 to be used for a video
surveillance intrusion detection system and security enhancement of Lambert’s Landing.
Adopted Yeas – 5 Nays – 0
10. Resolution – 07-1126 – Authorizing the Police Department to accept a donation in the
amount of $135,391.00 from the Saint Paul Foundation.
(Discussed after the consent agenda)
November 28, 2007 City Council Summary Minutes Page 3
11. Resolution – 07-1127 –Authorizing the Police Department to enter into an agreement
with the State of Minnesota, Dakota County Technical College, for an Emergency
Vehicle Operation Course Training for newly hired police recruit officers.
Adopted Yeas – 5 Nays - 0
12. Resolution – 07-1128 – Establishing a 2007 financing and spending plan in the Police
Department for an Underage Compliance Check Grant received from the State of
Minnesota in the amount of $2,500.00
Adopted Yeas – 5 Nays - 0
13. Resolution – 07-1129 – Establishing a 2007 financing and spending plan for a Gang
Resistance Education and Training Grant received from the United States Department of
Justice in the amount of $86,753.00.
Adopted Yeas – 5 Nays - 0
14. Resolution – 07-1130 – Memorializing City Council action taken November 7, 2007
ranting 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]
Adopted Yeas – 5 Nays - 0
15. Resolution – 07-1131 – Memorializing City Council action taken November 7, 2007
denying the appeal for property at 906 Charles Avenue, per the recommendation of the
Legislative Hearing Officer.
Adopted Yeas – 5 Nays - 0
16. Resolution – 07-1132 – Memorializing City Council action taken November 7, 2007
denying the appeal for property at 98 Garfield Street, per the recommendation of the
Legislative Hearing Officer.
Adopted Yeas – 5 Nays - 0
17. Resolution Approving Assessment – 07-1133 – In the matter of boarding up vacant
buildings during August, 2007 [J0707B]; summary abatement (graffiti removal) from
October 13 to October 23, 2007 [J0707P]; summary abatement (excessive consumption
of inspection services) for property code violations from June 28 to August 1, 2007
[J0706E]; summary abatement (property clean up) on private property from October 15 to
October 30, 2007 [J0717A]; weekly garbage hauling from October 15 to October 30,
2007 [J0717G]; towing abandoned vehicles from private property during August, 2007
[J0706V]; demolition of vacant buildings at 78 Sycamore Street East and 614 Wells
Street during November, 2007 [J0704T2]; removing diseased elm trees from 652 Sims
Street in 2007 [0704T2]; and setting date of Legislative Hearings for December 18, 2007
and City Council public hearings for February 6, 2008.
November 28, 2007 City Council Summary Minutes Page 4
Adopted Yeas – 5 Nays - 0
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6. Resolution – 07-1122 – Amending the 2007 Capital Improvement Budget to include
outdoor refrigerated ice rinks.
Councilmember Helgen moved to lay over the resolution to December 5 for a technical
change.
Laid to December 5 Yeas – 5 Nays – 0
7. Resolution – 07-1123 – Approving a waiver of Neighborhood STAR Program Guidelines
for three outdoor refrigerated skating rinks.
Council President Lantry moved to lay over the resolution so that it would come before
Council at the same time as Item 6, Council File 07-1122.
Laid over to December 5 Yeas – 5 Nays – 0
10. Resolution – 07-1126 – Authorizing the Police Department to accept a donation in the
amount of $135,391.00 from the Saint Paul Foundation.
Councilmember Helgen questioned whether there was someone from the Police
Department present to explain the usage of the funds. He stated that he assumed that the
Police Foundation would be similar in its means of giving to the Friends of the Library.
As such, he questioned whether or not the donation should be included in budget talks
such as the Friends are in the Library’s budget. He also questioned whether or not it
would reduce other budgeted costs leaving a surplus in the overall budget.
Councilmember Bostrom stated that the resolution was signed off by the Chief and that
he would be the authority on the spending. He also stated that the items listed in the
resolution were not budgeted for and the money would provide items that the Police
Department would not normally have the money to obtain. He also felt it would set a bad
example to begin a pattern of expecting donations, thus decreasing budgeted funds in
hopes of the donation.
Helgen questioned why the items were not budgeted as they seemed to be important.
Bostrom responded that the items were often above and beyond what was affordable. He
saw no problem with the Police Department providing additional information, but saw no
reason for the resolution to be delayed.
Councilmember Montgomery stated that the Foundation was set up to provide for what
the City budget can not. She gave an example of the upgrades that were paid for on the
motorcycles that are leased from Harley Davidson. Without the donation, the Police
Department is provided a stock bike without any additional features.
November 28, 2007 City Council Summary Minutes Page 5
Helgen questioned the spending for overtime as he felt that overtime was budgeted for.
He also asked if they were reoccurring add-ons.
Council President Lantry suggested that perhaps the City does provide versions of
equipment and that the donation would allow for a more enhanced version. Either way,
she suggested that the two issues be separated by passing the resolution and accepting an
incredibly generous donation and having staff come back and report on the
spending/budget questions. Lantry also stated that with a worst case scenario, any excess
funds would return to the General Fund within the City. Bostrom stated that the overtime
hours allotted within the donation allowed for Officers to be out on the streets patrolling,
doing the job that needs to be done, while allowing for the Gang Unit to step up its
activities.
Helgen stated that he supports the donation but would like a clearer understanding of how
money is spent as the Police budget comprises the majority of the City’s budget.
Councilmember Montgomery moved approval.
Adopted Yeas – 5 Nays – 0
FOR DISCUSSION
18. Presentation by Mayor Coleman's delegation to Thailand on the results of its fact- finding
mission to address the Hmong grave desecration.
A presentation was given by Senator Mee Moua detailing the trip that was taken to
Thailand by Mayor Coleman’s delegation.
(Benanav arrived at the meeting)
19. Presentation by the Hall Legal Team of the Review and Performance Audit of the City of
Saint Paul, and the Housing and Redevelopment Authority efforts relating to inclusion of
women, minorities and persons with disabilities in City/HRA economic opportunities.
Council President Lantry thanked all of the various organizations, groups, people and
City Staff involved in the Audit for their hard work.
An overview of the Audit was given by James H. Hall, Jr. of Hall Legal Team.
Clifton Boyd of the Equal Access Group spoke about further concerns and issues despite
the Audit’s findings. He stated that there were positive attributes of the report but he had
concern over how the findings will be implemented.
November 28, 2007 City Council Summary Minutes Page 6
Lantry stated that the Mayor had appointed John Choi, City Attorney, to oversee how the
Audit’s recommendations would be implemented.
Suspension Item:
Councilmember Benanav called Caty Royce to the podium to thank her for her relentless
years of service and work that goes well beyond the Audit.
Benanav moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-1135 – Declaring Wednesday, November 28, 2007, the day that Saint
Paul Mayor Chris Coleman and Saint Paul City Council formally receives the Saint Paul
Equal Access Audit, be remembered as Caty Royce Day in the City of Saint Paul.
Councilmember Benananv moved approval.
Adopted 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.
20. Final Adoption – 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.
Councilmember Thune moved approval.
Adopted Yeas – 6 Nays - 0
21. Final Adoption – 07-1049 – An ordinance amending Chapter 402 of the Saint Paul
Legislative Code to allow Bar Bingo.
Councilmember Helgen moved approval.
Adopted Yeas – 6 Nays – 0
22. Final Adoption – 07-1050 – An ordinance amending Chapter 403 of the Saint Paul
Legislative Code to allow Bar Bingo.
Councilmember Helgen moved approval.
Adopted Yeas – 6 Nays - 0
November 28, 2007 City Council Summary Minutes Page 7
23. Final Adoption – 07-1051 – An ordinance amending Chapter 409 of the Saint Paul
Legislative Code to allow Bar Bingo.
Councilmember Helgen moved approval.
Adopted Yeas – 6 Nays – 0
24. Final Adoption – 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.
Councilmember Thune moved approval.
Adopted Yeas – 6 Nays – 0
25. Final Adoption – 07-1053 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to include administrative penalties for food code violations.
Councilmember Thune moved approval.
Adopted Yeas – 6 Nays – 0
26. Final Adoption – 07-1066 – An ordinance amending Chapter 331A.04 of the Saint Paul
Legislative Code creating additional classifications of restaurants.
Councilmember Helgen questioned whether or not the fee schedule that had been
discussed at the Budget Committee Meeting would accompany the ordinance. Council
President Lantry stated that the ordinance would lay the groundwork for the fee schedule.
Councilmember Helgen moved approval.
Adopted Yeas – 6 Nays – 0
27. Second Reading – 07-1106 – An ordinance amending Chapter 64 of the Saint Paul
Legislative Code to permit the conversion of legal nonconforming billboards to ones with
"dynamic displays," i.e., electronic billboards, in exchange for permanently removing
traditional billboards, and also to regulate the locations and operating standards for
billboards with dynamic displays. (Substitute introduced November 21)
Councilmember Helgen questioned whether or not to amend the language concerning 8
versus 12 second timeframes and the location of the billboards to be removed. Council
President Lantry noted that the substitute ordinance that was introduced on November 21
was not the material that was provided in the Council books. The substitute clarified the
questions that Councilmember Helgen posed regarding the priority of removal of
billboards in particular locations.
Laid over to December 5 for third reading/public hearing
November 28, 2007 City Council Summary Minutes Page 8
28. Second Reading – 07-1107 – An ordinance amending Chapter 161 of the Saint Paul
Legislative Code to permit snow emergency tags to be written by Final Adoption party
vendors and to delete obsolete references to Ramsey County Municipal Court.
Laid over to December 5 for third reading/public hearing
29. Second Reading – 07-1108 – An ordinance granting the District Heating Franchise, held
by the District Energy St. Paul, Inc., for a period of twenty years, ending in 2027.
Laid over to December 5 for third reading/public hearing
30. Second Reading – 07-1109 – An ordinance granting the District Cooling Franchise, held
by the District Energy St. Paul, Inc., for a period of twenty years, ending in 2027.
Laid over to December 5 for third reading/public hearing
Councilmember Thune moved to adjourn the meeting.
Yeas – 6 Nays – 0
ADJOURNED at 4:37 P.M.
ATTEST:
_____________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: __January 16, 2008_____________
Joan Reidell Minutes approved by Council