Minutes 1-16-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 16, 2008 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
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 – 6 – Bostrom, Carter, Helgen, Lantry, Stark, Thune
Absent – 1 – Harris (excused)
CONSENT AGENDA (Items 1-27)
Council President Lantry removed Item 26 for discussion.
Councilmember Stark moved approval of the consent agenda as amended.
Adopted as amended Yeas – 6 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Myron L. Barber, Nicholas Eftikides, Robbin Forte, Andrew Lund, Jennifer M.
McKibben, Nick W. Novak, Lynne P. Olson, Jennifer M. Roy, Gonzalo R. Sanchez,
Timothy A. Thorstenson, Robert Vang, and Xao Vang.
Referred to Risk Management
2. Summons and Complaint in the matter of Sara Harlow, as trustee for the heirs and
next of kin of Joseph D. Harlow, deceased, vs. the City of Saint Paul, et al.
Referred to the City Attorney’s Office
3. Letters from the Department of Safety and Inspections/Code Enforcement declaring 894
Albemarle Street, 82-84 Curtice Street East, 815 Fuller Avenue, 520 Farrington Street,
599 Hatch Avenue, 724 Jessamine Avenue East, 928 Marion Street, 1801 Nebraska
Avenue East, 645 Oakdale Avenue, and 534 Thomas Avenue as nuisance properties, and
setting date of Legislative Hearings for February 12, 2008, and City Council public
hearings for March 5, 2008.
January 16, 2008 City Council Summary Minutes Page 2
4. Administrative Orders:
D002691 Authorizing the Police Department to remit payment for travel, not
to exceed $1500.00, for a member of the God Squad (non-city
employee) to attend the “Targeting Violent Crime: Intelligence LED
Policing for Violent Crime Task Forces” conference in Dallas, Texas
on January 23-24, 2008.
D002692 Authorizing the Police Department to purchase white ceramic mugs,
in an amount not to exceed $4,200.00 to be given out to participants
at the 2008 Republican National Committee. (Withdrawn)
On File with the City Clerk
FOR ACTION
5. Approval of minutes of November 7, 21, and 28, 2007.
Adopted Yeas – 6 Nays – 0
6. Resolution – 08-38 – Approving the January 1, 2008 through December 31, 2010 Labor
Agreement between the City of Saint Paul and the International Association of Fire
Fighters, AFL-CIO, Local 21. (To be laid over one week for adoption)
Laid over to January 23 for adoption
7. Resolution – 08-39 – Changing the rate of pay for the classification of Firefighter Trainee
from Grade 030 to Grade 031 of Bargaining Unit 03, Firefighters Local #21.
Adopted Yeas – 6 Nays – 0
8. Resolution – 08-40 – Changing the rate of pay for the classification of Payroll Specialist
(formerly Payroll Clerk) from Grade 029 to Grade 030 of Bargaining Unit 01, AFSCME
District Council #5 – Clerical Local Union #2508.
Adopted Yeas – 6 Nays – 0
9. Resolution – 08-41 – Approving the reappointment of Karlyn Eckman, by Mayor
Coleman, to the Mississippi Watershed Management Organization.
Adopted Yeas – 6 Nays – 0
10. Resolution – 08-42 – Approving the reappointment of David Lanegran, by Mayor
Coleman, to the Capitol Area Architectural Planning Board.
Adopted Yeas – 6 Nays – 0
11. Resolution – 08-43 – Approving the appointment of Gerald Mischke, by Mayor Coleman,
to the Saint Paul Neighborhood Network Board of Directors.
Adopted Yeas – 6 Nays – 0
January 16, 2008 City Council Summary Minutes Page 3
12. Resolution – 08-44 – Approving the reappointment of Merry Xiong, by Mayor Coleman,
to the Saint Paul Housing Agency.
Adopted Yeas – 6 Nays – 0
13. Resolution – 08-45 – Approving the reappointments of Richard Faricy, Joyce Maddox,
Marilyn Porter, and Arlend “Buzz” Wilson, by Mayor Coleman, to the Board of Zoning
Appeals.
Adopted Yeas – 6 Nays – 0
14. Resolution – 08-46 – Approving the appointment of Jim Schultz and the reappointments
of Michael Chanaka, Kathleen Engesser, Brian Miller, Douglas Hubbard, Jane Sanem,
Cynthia Yongvang, Amy Brenengen, and Lee Helgen, by Mayor Coleman, to the
Workforce Investment Board.
Adopted Yeas – 6 Nays – 0
15. Resolution – 08-47 – Approving the appointments of Rob Vanasek, Kera Peterson, Ed
Lehr, and Donald Muske, and the reappointments of Richard Arey, Robert Barbosa, Chris
Budel, David Kuebler, Eric Haugee, Paul Iovino, Eric Thompson, and Kurt Schroeder, by
Mayor Coleman, to the Bicycle Advisory Board.
Adopted Yeas – 6 Nays – 0
16. Resolution – 08-48 – Approving the appointments of Hokan Miller, Angie Kline,
Melanie Peterson-Nafziger, Dan Smith, Triesta Brown, Julie Gebben Green, Serena Butts
Ward, and Boa Lee, and the reappointments of Raymond Hess, Robin Hickman, Kerry
Antrim, and Mary Donnelly, by Mayor Coleman, to the Neighborhood Sales Tax
Revitalization (STAR) Board.
Adopted Yeas – 6 Nays – 0
17. Resolution – 08-49 – Approving the appointments of Lisa Heilman and Amy Michael,
and the reappointments of Francis Harris, Shirley Hunt, Harriet Mednick, Eileen Moore,
Marilou Moringiello, Sally Staggert, and Arlend “Buzz” Wilson, by Mayor Coleman, to
the Advisory Committee on Aging.
Adopted Yeas – 6 Nays – 0
18. Resolution – 08-50 – Authorizing the Police Department to enter into an amendment to
an agreement with Ramsey County whereby the City will continue to participate in an
intra-governmental agreement to allow Administrative Coordinator Angie Steenberg to
continue to perform the duties of Administrative Secretary to the Ramsey County Sheriff.
Adopted Yeas – 6 Nays – 0
January 16, 2008 City Council Summary Minutes Page 4
19. Resolution – 08-51 – Memorializing City Council action taken January 2, 2008 revoking
all licenses held by Gas it For Less & Food, Inc., d/b/a West 7th Market, and denying the
Gas Station license application submitted by Gas it For Less & Food, Inc., d/b/a West 7th
Market, 675 West 7th Street.
Adopted Yeas – 6 Nays – 0
20. Resolution – 08-52 – Memorializing City Council action taken January 2, 2008 granting
the appeal for property at 266 Morton Street West provided the thermostat in the first
floor unit remains locked; the roof must be replaced by February 28, 2008 per the
recommendation of the Legislative Hearing Officer.
Adopted Yeas – 6 Nays – 0
21. Resolution – 08-53 – Authorizing the Division of Parks and Recreation to enter into a
sponsorship agreement with Twin Cities Toyota Dealer Group whereby Toyota will
provide cash support for events at Parks and Recreation.
Adopted Yeas – 6 Nays – 0
22. Resolution – 08-54 – Authorizing the Division of Parks and Recreation to purchase food
for the Adaptive Recreation Programs, and authorizing staff working the events to
participate in meals and other food offered.
Adopted Yeas – 6 Nays – 0
23. Resolution – 08-55 – Authorizing the proper City officials to enter into an agreement with
Union Pacific Railroad Company for improvement of the railroad crossing signals on
Witham Avenue (Barge Channel Road) north of Concord Street.
Adopted Yeas – 6 Nays – 0
24. Resolution – 08-56 – Amending a legal description of previously approved Council File
04-916, Lots 5, 19, 20 and 21, Block 26, Rice and Irvine’s Addition.
Adopted Yeas – 6 Nays – 0
25. Preliminary Order – 08-57 – In the matter of acquiring and constructing a new Fire
Station and Administration Building for the Department of Fire and Safety Services to be
located on the northeast corner of Randolph Avenue and West Seventh Street and all
other work necessary to complete said improvement, including acquisition of 629
Randolph Avenue, and setting date of public hearing for February 6, 2008. [File No. 207-
09]
Adopted Yeas – 6 Nays – 0
January 16, 2008 City Council Summary Minutes Page 5
26. Preliminary Order – 08-58 – In the matter of improving the area referred to as the
Earl/McLean RSVP (Residential Street Vitality Project) by constructing new bituminous
surface streets with concrete curb and gutter, concrete driveway aprons and outwalks,
boulevards landscaped with sod and trees, and a new lantern style lighting system and all
other work necessary to complete said project, bounded by Pacific Street on the north,
Mound Street on the west, Mounds Boulevard and Burns Avenue on the south, and Etna
Street on the east, and setting date of public hearing for February 6, 2008. (File No.
19044
(Discussed after the consent agenda)
27. Resolution Approving Assessment – 08-59 – In the matter of summary abatements
(graffiti removal) on private properties from November 21 to December 17, 2007
[J0710P]; demolition of vacant buildings during December 2007 [J0715C]; summary
abatements (property cleanup) on private properties from November 30 to December 14,
2007 [J0720A]; weekly garbage hauling services from December 3-14, 2007 [J0720G];
boarding-up at 1539 Minnehaha Avenue East in September, 2007 [J0708B1]; and setting
date of Legislative Hearings for February 5, 2008 and City Council public hearings for
March 5, 2008.
Adopted Yeas – 6 Nays – 0
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26. Preliminary Order – 08-58 – In the matter of improving the area referred to as the
Earl/McLean RSVP (Residential Street Vitality Project) by constructing new bituminous
surface streets with concrete curb and gutter, concrete driveway aprons and outwalks,
boulevards landscaped with sod and trees, and a new lantern style lighting system and all
other work necessary to complete said project, bounded by Pacific Street on the north,
Mound Street on the west, Mounds Boulevard and Burns Avenue on the south, and Etna
Street on the east, and setting date of public hearing for February 6, 2008. (File No.
19044)
Council President Lantry introduced a substitute resolution that added an additional street
to the project.
Council President Lantry moved approval.
Substitute adopted Yeas – 6 Nays - 0
Council President Lantry introduced Paula Gavin, Executive Director, of the National
Urban Fellows. Ms. Gavin thanked the City Council for its hospitality during their 38th
Annual Leadership Conference that is being held in Saint Paul. She highlighted the
strengths of the program as well as the current Fellows as future leaders in the public
sector and non-profit organizations.
January 16, 2008 City Council Summary Minutes Page 6
Councilmember Carter noted their presence and thanked them for their good work on
behalf of the City, including current Fellow, Nikki Hicks, and her three predecessors.
FOR DISCUSSION
28. Resolution – 08-60 – Approving the 2008 City of Saint Paul Legislative Agenda.
Councilmember Helgen introduced a substitute resolution that included the changes that
had been discussed at the January 16, 2008 Ad Hoc Legislative Committee meeting. He
also thanked Mike Wilhelmi and other staff from the Mayor’s Office for their hard work
on the Legislative Agenda.
Councilmember moved approval of the substitute resolution.
Substitute 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.
PUBLIC HEARINGS ON ORDINANCES ARE HELD AT THE THIRD READING.
No ordinances
The meeting was recessed and reconvened at 5:33 p.m. for public hearings.
Present – 6 – Bostrom, Carter, Helgen, Lantry, Stark, and Thune
Absent – 0 – Harris (excused)
PUBLIC HEARINGS
29. Resolution – 08-61 – Approving the petition of Oppidan, Inc. to vacate rights-of-way in
Maryland Avenue, Clarence Street, and Rose Avenue in order to consolidate property for
redevelopment.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval.
Adopted Yeas – 6 Nays – 0
January 16, 2008 City Council Summary Minutes Page 7
30. Final Order – 08-62 – In the matter of improving the alley in The West Saint Paul Real
Estate and Improvement Syndicate Addition No. 2, Block 16, by grading and paving with
bituminous material (area bounded by Sidney, Page, Brown, and Andrew). [File No.
19051]
Nathan Reinbold, 281 Sidney Street East, appeared in opposition. He stated that he does
not object to the assessment but requested that the grading of the alley be brought up to
the yard so that he is able to access the alley. Due to degradation, erosion and
construction, he is currently unable to access either the driveway or his garage. He said
he supports the project but would like to ensure that the work done makes the alley
accessible again from his property.
Councilmember Thune stated it seemed unreasonable to ask the residents to pay an
assessment to improve the alley if they were unable to use it. Peter Gallagher, Department
of Public Works, said there was no guarantee that there wasn’t an internal problem with
the parcel creating the current grading. Without a survey, he would be unable to
determine the cause nor guarantee level grading.
Council President Lantry questioned whether or not the alley was ever useable. Mr.
Reinbold stated that as a third generation homeowner, he was aware that his grandmother
had used the driveway at one point.
Brooke Brown, 368 Page Street Eeast, spoke in favor of the project. She said that an
overwhelming amount of support was derived from petitioning the neighborhood. She
said it is difficult for people to come downtown to the Council meeting and she was
representing the voice of support for the project. She stated there are many who would
hate to see the project postponed.
Councilmember Thune moved to lay over the matter for one week and said he would try
to meet the neighbors concerns rendering the alley useable. If they were unable to, they
would need to redraft the order authorizing the proper surveys only.
Laid over to January 23 Yeas – 6 Nays – 0
31. Resolution Ratifying Assessment – 08-63 – In the matter of summary abatements (graffiti
removal) on private properties from August 8 to 30, 2007 (J0704P); demolition of vacant
buildings at 1126 Edgerton Street and 707 Kent Street during August 2007(J0711C);
summary abatements (property clean up) on private properties from August 13 to 30,
2007 (J0714A); providing weekly garbage hauling services from August 8 to 29, 2007
(J0714G); and boarding up vacant buildings during July 2007 (J0706B).
236 Arlington Avenue West (J0714A) - approve the assessment;
January 16, 2008 City Council Summary Minutes Page 8
41 Atwater Street (J0714A) - approve the assessment;
59 Atwater Street (J0706 B) - approve the assessment;
114 Cook Avenue West (J0714A) - approve the assessment;
541 Dayton Avenue (J0704P) - delete the assessment;
1010 Euclid Street (J0714A) - approve the assessment;
717 Geranium Avenue East (J0714A) - approve the assessment;
1037-1039 Grand Avenue (J0704P) - delete the assessment;
1671 Hoyt Avenue East (J0714G) - delete the assessment;
1693 Juliet Avenue (J0714A) - approve the assessment and spread the payments over five
(5) years;
599 Magnolia Avenue East (J0714A) - approve the assessment;
1810 Montana Avenue East (J0714A) - delete the assessment;
1757 Morgan Avenue (J0714A) - approve the assessment;
378 Mt. Curve Blvd. (J0714A) - approve the assessment;
925 Payne Avenue (J0706B) - delete the assessment;
2033 Reaney Avenue (J0714A) - approve the assessment;
189-191 Seventh Street East (J0704P) - delete the assessment;
933 Seventh Street West (J0704P) - delete the assessment;
643 Sherburne Avenue (J0714A) - approve the assessment and spread the payments over
four (4) years;
715 Sherburne Avenue (J0714A) - approve the assessment;
828 Sims Avenue (J0714A) - delete the assessment;
932 Third Street East (J0714A) - reduce the assessment from a total of $150 to a total of
$75;
1219 Third Street East (J0714A) - approve the assessment and spread the payments over
three (3) years; and
414 Van Buren Avenue (J0714A) - approve the assessment.
Marcia Moermond, Legislative Hearing Officer, stated that miscellaneous debris had been
cleaned from the property by City staff after notification was given to the homeowner. A
video of the cleaning was shown. Sean Bergman, 715 Sherburne Avenue, appeared and
stated that he had cleaned up debris from the alley but did not know that he had to clean
up the debris that was in the yard. Council President Lantry stated that the issue at hand
was whether or not the City had cleaned up debris from his yard after he had been
properly notified. Ms. Moermond showed the orders which indicated the cleaning that
had been done by the City was part of the initial orders.
Councilmember Carter stated that is was clear from the video that was played, as well as
Mr. Berman’s statement, that there was refuse that needed to be cleaned up and that the
City had done the work.
January 16, 2008 City Council Summary Minutes Page 9
Councilmember Carter moved to close the public hearing and approval of all said items.
Adopted Yeas – 6 Nays – 0
31. Resolution Ratifying Assessment – 08-64 – 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); and summary abatement for the excessive
consumption of inspection services for property code violations billed from May 17 to
June 27, 2007.
Marcia Moermond Legislative Hearing Officer, requested the addition of 1138 Charles
Avenue and deletion of the assessment for excessive consumption of City Services in the
amount of $70.00.
Moermond stated that the assessment at 217 E. Winifred Street was for tall grass and
weeds that had been removed after notification by City officials. The videotape displayed
grass and weeds in the yard reaching 8-10 inches and near the house reaching 18 inches.
The appellant was concerned that there was inadequate time to address the problem as
there had been excessive rain.
Ms. Moermond stated that the assessment at 1216 5th Street East was for removal of
refuse and tall grass and weeds after notification by City officials. The videotape clearly
showed the City removing 10 pallets and other refuse during the clean-up. She
recommended payment of the assessment be spread over four years. The appellant, Mr.
Escobar, had appealed due to poor health and had tried contacting an Inspector. Ms.
Moermond stated there may have been translation issues but she did not have any further
information regarding returned messages.
John Marshall, Legislative Aide to Councilmember Harris, appeared as a translator for
Mr. Escobar. Mr. Escobar stated that he was ill with pneumonia last year and as a result
was unable to take care of the property. He also stated that he has not had any other
assessments in the seven years that he has lived at this property. Mr. Marshall stated that
Mr. Escobar had explained to him outside of Council Chambers that he had received
notification and had attempted to contact Inspectors about his problem to no avail and,
therefore, he was looking for leniency.
Diane Olson, 217 E. Winifred Street, appeared and said the situation at the property was
the result of the property being mis-recorded as a vacant building. The property is
homesteaded and the records had not been reported properly. As a result, the City
assumed it was a vacant building and would come out repeatedly to mow. She had tried to
contact Inspectors, but had not been successful.
January 16, 2008 City Council Summary Minutes Page 10
Councilmember Thune moved to close the public hearing. Yeas – 6 Nays – 0
Moermond stated that Ms. Olson had been to other Legislative Hearings and it had been
previously determined that all legal notices were being sent to the correct address in
Chanhassen. She also stated that issues with returned phone call may have been present
with regards to the need for a translator, but it had not been fully explored at the hearing.
Lantry stated that she understood that Mr. Escobar had been ill but that they were
attempting to soften the blow by spreading out payments over four years. She also stated
that council received phone calls from the neighbors of the over-grown lawn as well and
took their concerns into consideration. The City is not in the business of cutting grass,
therefore it is not a cheap expenditure.
Councilmember Carter questioned why the assessment at 1138 Charles Avenue was
deleted. Ms. Moermond stated that Real Estate had misinformed the owner that she
would have a hearing this evening and that the work had been completed with no other
violations.
1735 Arlington Avenue East (J0705E) - approve the assessment;
59 Atwater Street (J0715A) - approve the assessment;
650 Blair Avenue (J0715A) - approve the assessment;
650 Blair Avenue (J0715G) - reduce from a total of $170 to a total of $85;
1067 Burns Avenue (J0705E) - approve the assessment;
1239 Cook Avenue East (J0715A) - approve the assessment and spread the payments
over three (3) years;
718 Edmund Avenue (J0715G) - delete the assessment;
1216 Fifth Street East (J0715A) - approve the assessment and spread the payments over
four (4) years;
1011 Geranium Avenue East (J0705P) - delete the assessment;
1826 Hyacinth Avenue East (J0705P) - delete the assessment;
701 Jessamine Avenue East (J0715A) - approve the assessment;
828 Magnolia Avenue East (J0705P) - delete the assessment;
853 Maryland Avenue East (J0705E) - approve the assessment;
1030 Reaney Avenue (J0715A) - approve the assessment;
643 Sherburne Avenue (J0715G) -delete the assessment;
1633 Sherwood Avenue (J0705E) - delete the assessment;
614 Thomas Avenue (J0705E) - approve the assessment;
270 Topping Street (J0705E) - approve the assessment;
721 Tuscarora Avenue (J705E) - delete the assessment;
738 Western Avenue North (J0715A) - approve the assessment;
1615 Western Avenue North (J0715G) - approve the assessment;
685 Wilson Avenue (J0715A) - approve the assessment;
January 16, 2008 City Council Summary Minutes Page 11
217 Winifred Street East (J0715A) - approve the assessment.)
Councilmember Thune moved approval as amended.
Adopted as amended Yeas – 6 Nays – 0
33. Appeal of Travis Wilkinson to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 1020 Carroll Avenue. (Legislative Hearing Officer
recommends denying the appeal and extending the vacate date to February 1, 2008)
No one appeared in opposition; Councilmember Carter moved to close the public hearing
and to deny the appeal.
Appeal denied Yeas – 6 Nays – 0
Suspension Items:
Councilmember Helgen moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0
Resolution – 08-65 – Supporting the Minnesota Children’s Health Security Act.
Councilmember Helgen stated that there are many children in the State of Minnesota,
with a particularily high number residing in Saint Paul, who lack health insurance. The
resolution would support the effort and proposal to provide universal coverage for
children.
Councilmember Helgen moved approval.
Adopted Yeas – 6 Nays – 0
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0
Resolution – 08-66 – Urging inclusion of bike and pedestrian paths in the design of the
new Lafayette Bridge.
Councilmember Thune stated that with the transportation issues that have come up and
the Lafayette Bridge being scheduled to be rebuilt, it is a perfect time to urge the
inclusion of separated bike and pedestrian trails on the new crossing. He also stated that it
is a prime opportunity to connect people to the Bruce Vento Nature Sanctuary Trails and
get people across the river to use those wild areas.
Councilmember Thune moved approval.
Adopted Yeas – 6 Nays – 0
January 16, 2008 City Council Summary Minutes Page 12
Councilmember Stark moved to adjourn the meeting.
Yeas – 6 Nays – 0
ADJOURNED at 6:03 PM.
ATTEST:
_____________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: March 5, 2008____________________
Joan Reidell Minutes approved by Council