Minutes 12-12-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, December 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 3:35 p.m. by Council President Lantry.
Present – 7 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 0
Councilmember Thune introduced the owner of the Q Kindness Café who appeared to promote
‘Magic, Music and Miracles’ which various downtown businesses are participating in.
Councilmember Thune referred to their brochure and urged everyone to participate.
Councilmember Montgomery moved approval of the Consent Agenda.
Adopted Yeas – 7 Nays - 0
CONSENT AGENDA (Items 1 - 30)
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 Joe E. Baltierrez, Delaney Company, LLC, Joseph Harlow, Meagan M.
Halverson, and David C. Yasis.
Referred to Risk Management
2. Summons and Complaint in the matter of the St. Paul Police Federation vs. the City of
Saint Paul, et al.
Referred to the City Attorney’s Office
3. Letter from the Department of Safety and Inspections announcing a public hearing before
the City Council on December 19, 2007 to consider the appeal of David Roering, owner,
to a decision of the Heritage Preservation Commission conditionally approving
construction of a four-stall garage provided two front yard curb cuts and driveways be
removed at 615-617 Holly Avenue, Hill Historic District. [File No. 08-014]
December 12, 2007 City Council Summary Minutes Page 2
4. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on December 19, 2007 to consider all licenses held by ALIS, Inc., 43 Seventh
Street West.
5. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on January 2, 2008 to consider the application of
Randolph Hill, LLC to rezone property at 1094 Randolph Avenue (block bounded by
Randolph, Lexington, Juno, and I 35E) from RM2 Medium-Density Multiple-Family
Residential and R2 One-Family Residential to TN2 Traditional Neighborhood. [Zoning
File 07-179-230]
6. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on January 2, 2008 to consider the appeal of Gloria
Gonzalez to a decision of the Planning Commission denying a conditional use permit for
auto sales and auto detailing at 1229 Payne Avenue (southwest corner at Hawthorne
Avenue). [ZF 07-207-141]
FOR ACTION
7. Resolution – 07-1162 – Approving the January 1, 2008 through December 31, 2010
Collective Bargaining Agreement between the City of Saint Paul and AFSCME – Legal,
Local 3757. (To be laid over one week for adoption)
Laid over to December 19 for adoption
8. Resolution – 07-1163 – Approving the appointment of Elizabeth Frosch, by Mayor
Coleman, as an Assistant to the Mayor I effective November 26, 2007.
Adopted Yeas – 7 Nays – 0
9. Resolution – 07-1164 – Approving the transfer of the Great Northern Business Center,
Phase I, Area Development Rate Zone to the Phalen-Atlantic (Globe and Griffin
Redevelopment Sites).
Adopted Yeas – 7 Nays – 0
10. Resolution – 07-1165 – Approving a change in the rate of pay for the classification of
Labor Relations Specialist II from Grade 016 to Grade 019 of Employee Group 17, the
Non-Represented City Managers Salary Schedule.
Adopted Yeas – 7 Nays – 0
11. Resolution – 07-1166 – Encouraging the Congress of the United States to act with all due
haste and foresight to provide for the permanent exemption of the historic Delta Queen
steamboat from the provisions of the Safety at Sea Act.
Adopted Yeas – 7 Nays – 0
December 12, 2007 City Council Summary Minutes Page 3
12. Resolution – 07-1167 –Authorizing the Department of Fire and Safety Services to enter
into an agreement with Dakota County Technical College to provide an Emergency
Response Driving course to firefighters.
Adopted Yeas – 7 Nays – 0
13. Resolution – 07-1168 – Accepting reimbursement of $1,075.00 in staff time from the
Como Zoo and Conservatory (CZCS) for volunteer coordination efforts as part of the
Como Woodland Outdoor Classroom project.
Adopted Yeas – 7 Nays – 0
14. Resolution – 07-1169 – Authorizing execution of a lease agreement between the Board of
Water Commissioners and T-Mobile Central, LLC allowing installation and operation of
a wireless communication system at the Board’s Cottage Avenue Standpipe site at 2095
Clear Avenue.
Adopted Yeas – 7 Nays – 0
15. Resolution – 07-1170 – Approving the use of Ward 3 Neighborhood Investment Initiative
Program Funds for enhancements to the Michael Benjamin Glaser Community
Playground.
Adopted Yeas – 7 Nays – 0
16. Resolution – 07-1171 – Executing two new District Energy Notes in the total amount of
$13,815,274.46.
Adopted Yeas – 7 Nays – 0
17. Resolution – 07-1172 – Approving the application with conditions, per the Legislative
Hearing Officer, for a Cabaret – Class A license for Gladstone Stenson, President,
Davanni’s, Inc., d/b/a Coffee Bene, 53 Cleveland Avenue South.
Adopted Yeas – 7 Nays – 0
18. Resolution – 07-1173 – Amending the license conditions, per the Legislative Hearing
Officer, for Bilco, Inc., d/b/a Billy’s on Grand, 857 Grand Avenue.
Adopted Yeas – 7 Nays – 0
19. Resolution – 07-1174 – Approving adverse action against the Cigarette/Tobacco license
held by Skorte, Inc., d/b/a Korte’s Super Market, 1326 Randolph Avenue.
Adopted Yeas – 7 Nays – 0
20. Resolution – 07-1175 – Approving adverse action against the Second Hand Dealer-Motor
Vehicle license held by St. Paul Auto Sales, Inc., 605 Como Avenue.
Adopted Yeas – 7 Nays – 0
December 12, 2007 City Council Summary Minutes Page 4
21. Resolution – 07-1176 – Memorializing City Council action taken November 21, 2007
denying the appeal for property at 906 Thomas Avenue, per the recommendation of the
Legislative Hearing Officer.
Adopted Yeas – 7 Nays – 0
22. Resolution – 07-1177 – Memorializing City Council action taken November 21, 2007,
denying 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]
Adopted Yeas – 7 Nays – 0
23. Resolution – 07-1178 – Memorializing City Council action taken November 21, 2007,
adopting the recommendation of the Administrative Law Judge and dismissing adverse
action against all licenses held by Hmong American Partnership, d/b/a Hmong American
Partnership, 1075 Arcade Street.
Adopted Yeas – 7 Nays – 0
24. Resolution – 07-1179 – Memorializing City Council action taken November 21, 2007
denying the appeal on the Correction Notice; granting the appeal on the excessive
consumption charges; and denying the appeal on the Vehicle Abatement Order, but
granting an extension to November 23, 2007 to come into compliance at 1604 Point
Douglas Road S., per the recommendation of the Legislative Hearing Officer.
Adopted Yeas – 7 Nays – 0
25. Resolution – 07-1180 – Memorializing City Council action taken November 21, 2007
imposing adverse action against the Restaurant (A) 0-12 Seats license held by Issam
Alhuniti, d/b/a Chicago Submarine, 614 Selby Avenue.
Adopted Yeas – 7 Nays – 0
26. Resolution – 07-1181 – Authorizing the Police Department to enter into a Joint Powers
Agreement with the Minnesota Coalition for Battered Women to provide training on
domestic and sexual abuse in later life to law enforcement and judicial personnel.
Adopted Yeas – 7 Nays – 0
27. Resolution – 07-1182 – Authorizing the Police Department to enter into a Joint Powers
Agreement with the State of Minnesota, acting through its Second Judicial District Court
Administrator, which would allow the Saint Paul Police Impound Lot to collect snow
emergency parking violation citation fines for a three-year period, on behalf of the Second
Judicial District Court, and the Saint Paul Police Impound Lot.
Adopted Yeas – 7 Nays – 0
December 12, 2007 City Council Summary Minutes Page 5
28. Resolution – 07-1183 – Establishing a 2007 financing and spending plan for the 2007
Justice Assistance Grant (JAG) which provides additional funding for law enforcement.
Adopted Yeas – 7 Nays – 0
29. Resolution – 07-1184 – Approving the financing and spending plan for the 2007 Police
Recruit Academy.
Adopted Yeas – 7 Nays – 0
30. Resolution Approving Assessment – 07-1185 – In the matter of the assessment of
benefits, cost, and expenses for demolition of vacant buildings at 335 Charles Avenue
and 1985 Juliet Avenue during November 2007 [J0713C]; summary abatements (graffiti
removal) on private properties from October 26 to November 7, 2007 [J0708P]; boarding
up vacant buildings at 635 Sims Avenue and 627 Bush Avenue during June and July,
2007 [J0706B1]; boarding up vacant buildings during September, 2007 [J0708B];
summary abatements (property cleanups) on private properties from October 31 to
November 15, 2007 [J0718A]; providing weekly garbage hauling services from
November 2 to November 15, 2007 [J0718G]; and setting date of Legislative Hearings
for January 3, 2008, and City Council public hearings for February 20, 2008.
Adopted Yeas – 7 Nays – 0
PUBLIC HEARINGS
31. Resolution – 07-931 – Extending Residential Permit Parking in Area 7 to include Smith
Avenue from West Seventh Street to Goodrich Avenue and Goodrich Avenue from Smith
Avenue to the dead-end east of Leech Street, and changing all of Permit Area 7 to “No
Parking Except by Permit.” (Substitute introduced and public hearing continued from
December 5)
Council President Lantry noted this item was laid over from December 5. No one
appeared in opposition; Councilmember Thune moved to close the public hearing and
approval.
Adopted Yeas – 6 Nays – 1 (Harris)
32. Resolution – 07-1156 – Ordering the owner to remove or repair the building at 610
Magnolia Avenue East within fifteen (15) days from adoption of resolution. (Public
hearing continued from December 5) (Legislative Hearing Officer's recommendation is
forthcoming)
Marcia Moermond, Legislative Hearing Officer, requested this item be laid over in order
to review the owner’s financial work plans.
December 12, 2007 City Council Summary Minutes Page 6
Councilmember Bostrom moved to continue the public hearing to December 19.
Public hearing continued to December 19 Yeas – 7 Nays - 0
FOR DISCUSSION
33. Resolution – 07-1054 – Approving action taken by the Board of Water Commissioners
establishing water rates for 2008. (Public hearing held and laid over from November 21)
Councilmember Harris moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
34. Resolution – 07-1055 – In the matter of the assessment of benefits, cost, and expenses for
right-of-way maintenance in 2008. (Public hearing held and laid over from November
21)
Councilmember Montgomery moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
35. Resolution – 07-1056 – Setting 2008 Sanitary Sewer Rates and 2008 Storm Sewer
System Charges. (Public hearing held and laid over from November 21)
Councilmember Montgomery moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
36. Resolution – 07-1057 – Increasing the Sewer Availability Charge (SAC) from $1,675 per
SAC unit to $1,825 per SAC unit beginning in January, 2008. (Public hearing held and
laid over from November 21)
Councilmember Thune moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
37. Resolution – 07-1186 – Approving the 2008 Board of Water Commissioners Budget.
Councilmember Harris moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
38. Resolution – 07-1187 – Approving the 2008 Saint Paul RiverCentre Convention and
Visitors Authority Budget.
Councilmember Helgen requested that Council be informed of the on-going work of this
budget at the Legislature, and he moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
The meeting was recessed from 3:45 to 3:47 p.m.
Present – 7 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 0
December 12, 2007 City Council Summary Minutes Page 7
39. Resolution – 07-1188 – Approving the 2008 Saint Paul Library Agency Budget.
Councilmember Harris moved approval of the resolution.
Adopted Yeas – 7 Nays - 0
40. Resolution – 07-1189 – Approving the Saint Paul Housing and Redevelopment Authority
(HRA) 2008 Budget and Property Tax Levy payable in 2008.
A substitute resolution was introduced, and Councilmember Benanav moved approval of
the substitute.
Adopted Yeas – 7 Nays - 0
41. Resolution – 07-1190 – Adopting the 2008 City of Saint Paul Annual Tax Levy.
Margaret Egan, City Council Chief Financial Analyst, referred to a substitute resolution
and explained that it reflects the updated dollar amounts.
Councilmember Thune moved approval of the substitute resolution.
Councilmember Harris stated he is not in support of the levy. He said he strongly
supports all of the hard work and time staff has put into this and the process, but not
supporting this item goes back to September when he expressed concerns with this item.
Councilmember Montgomery agreed with statements of Councilmember Harris and said
she will not vote in support of the resolution.
Substitute Adopted Yeas – 5 Nays – 2 (Harris, Montgomery)
42. Resolution – 07-1191 – Adopting the 2008 City of Saint Paul Annual Budgets.
Councilmember Helgen moved approval of the resolution.
Councilmember Benanav submitted an email he received from John Maczko pertaining to
Ayd Mill Road and requested it be made a part of the record.
Councilmember Harris acknowledged staff and their hard work on the budget.
Adopted Yeas – 7 Nays - 0
Council President Lantry and Councilmembers thanked City Budget Director Matt Smith, the
City’s Budget staff, and Margaret Egan for their work on the City’s budget.
December 12, 2007 City Council Summary Minutes Page 8
43. Resolution – 07-1192 – Designating Proposed Changes in Policies and Reporting, and
other Council issues from the 2008 Dollar List.
Councilmember Helgen to lay over to December 19.
Laid over to December 19 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.
44. 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 and laid over December 5)
Councilmember Benanav moved approval of the ordinance. He noted that the ordinance
reflects the 5% increase.
Adopted Yeas – 7 Nays – 0
45. 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 and laid over December 5)
Councilmember Montgomery moved approval of the ordinance.
Adopted Yeas – 7 Nays - 0
46. Final Adoption – 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. (Substitute introduced December
5)
Councilmember Thune moved approval of the ordinance.
Adopted Yeas – 7 Nays - 0
47. Final Adoption – 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 December 5)
December 12, 2007 City Council Summary Minutes Page 9
At the question of Councilmember Helgen, Larry Soderholm, Department of Planning
and Economic Development, appeared and explained the two categories that were
removed.
At the question of Councilmember Thune, Jerry Hendrickson, Assistant City Attorney,
explained if language is not in an ordinance it is not enforceable.
Councilmember Helgen moved approval of the ordinance.
Adopted Yeas – 7 Nays - 0
48. Final Adoption – 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.
Councilmember Helgen moved approval of the ordinance.
Adopted Yeas – 7 Nays – 0
49. Final Adoption – 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.
(Amended December 5)
Councilmember Thune moved approval or the ordinance.
Adopted Yeas – 7 Nays – 0
50. Final Adoption – 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.
(Amended December 5)
Councilmember Thune moved approval of the ordinance.
Adopted Yeas – 7 Nays – 0
51. Second Reading – 07-1147 – An ordinance amending Chapter 198 of the Saint Paul
Legislative Code to ban ownership of the seven subspecies of the marsupial, Petaurus
Breviceps, commonly referred to as “sugar gliders.”
Council President Lantry introduced a substitute ordinance adding “sell” on Line 77 as it
pertains to selling or the sale of Petaurus Breviceps.
Council President Lantry moved approval of the substitute ordinance.
Yeas – 7 Nays – 0
Laid over to December 19 for third reading / public hearing
December 12, 2007 City Council Summary Minutes Page 10
Later in the meeting, Councilmember Thune requested that Animal Control provide an
outline of their policy which indicates all animals that are not allowed in the City, how
this specific ordinance came to be before Council, and that this presentation be made on
December 19 prior to hearing public testimony on the issue.
52. Second Reading – 07-1148 – An ordinance amending Chapter 65.774 of the Saint Paul
Legislative Code, Malt Liquor Manufacturing, by permitting the use in the B2
Community Business District and permitting the sale of malt liquor at retail on the site
where it is manufactured; and amending the use table in Chapter 66.421 adding malt
liquor manufacturing as a permitted use in Table 66.421.
Councilmember Thune presented a brief history of B2 and B3 zoning, and there was
agreement that further discussion will take place at the public hearing.
Laid over to December 19 for third reading/public hearing
53. First Reading – 07-1193 – An ordinance amending Chapter 409.21 of the Saint Paul
Legislative Code to allow sales of gambling equipment within a leased premises by an
employee of the lessor from a common area where food and beverages are sold.
Laid over to December 19 for second reading
54. First Reading – 07-1194 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code, Building Code and Inspection, as it relates to Certificate of Code
Compliance.
At the request of Councilmember Bostrom, the First Reading of this ordinance was
continued for two weeks.
Laid over to December 26 for continuation of the First Reading
55. First Reading – 07-1195 – An ordinance amending Section 409.15 of the Saint Paul
Legislative Code by deleting on-sale wine license fee amounts and referring to Chapter
310.
Laid over to December 19 for second reading
December 12, 2007 City Council Summary Minutes Page 11
Councilmember Montgomery moved to adjourn the meeting. Yeas – 7 Nays – 0
ADJOURNED AT 4:15 PM.
ATTEST:
________________________ ______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___February 13, 2008 ___________
Pattie Kelley Minutes approved by Council