Minutes 3-26-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 26, 2008 - 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.stpaul.gov/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 – Bostrom, Harris, Helgen, Lantry, Stark,
Absent – 2 – Carter, Thune (arrived after roll call)
Councilmember Thune requested item 5 be removed for discussion
Councilmember Stark moved approval of the consent agenda as amended.
Adopted as amended Yeas – 7 Nays – 0
CONSENT AGENDA (Items 1 - 15)
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 Sharon L. Anderson & William P. Dahn, Xcel Energy (634 Hall Avenue), and
Xcel Energy (881 Bush Avenue).
Referred to Risk Management
2. Letters from the Department of Safety and Inspections declaring 773 Butternut Avenue,
129 Como Avenue, 518 Farrington Street, 780 Jackson Street, 214 Maple Street, 1029
Margaret Street, 1571 Maryland Avenue East, 594 Selby Avenue, and 359 Sidney Street
East as nuisance properties and setting date of Legislative Hearings for April 29, 2008
and City Council Public Hearings for May 21, 2008.
3. Letters from the Department of Safety and Inspections declaring 874 Aurora Avenue,
1044 Bush Avenue, 547 Charles Avenue, 157 Front Avenue, 475 Hopkins Street, 988
Reaney Avenue, 996 Reaney Avenue, 683 Sims Avenue, 609 Wells Street, 616 Wells
Street, 942 Woodbridge Street, and 986 Woodbridge Street as nuisance properties. (For
notification purposes only; public hearings will be scheduled at a later date if necessary.)
March 26, 2008 City Council Summary Minutes Page 2
4. Administrative Order:
D002704 Authorizing the Department of Fire and Safety Services to pay costs for
Regions Medical Director R. J. Frascone to attend a Republican National
meeting in Boston, MA on February 28 through March 1, 2008.
On file with the City Clerk
FOR ACTION
5. Resolution – 08-308 – Giving consent to the transfer of the general partnership interest in
Minnesota Hockey Ventures Group, LP owned by Naegele Sports, LLC as required
pursuant to that certain arena lease among the City of Saint Paul and Minnesota Hockey
Ventures Group, LP dated and made effective as of January 15, 1998.
(Discussed after the consent agenda)
6. Resolution – 08-309 – Endorsing the proposal to name the new park located at the
northwest quadrant of the intersection of Neid Lane and Phalen Boulevard Eastside
Heritage Park.
Adopted Yeas – 7 Nays – 0
7. Resolution – 08-310 – Authorizing the City to enter into an agreement with Ramsey
County Department of Public Health to provide transportation of Children to Children’s
Medical Center and to a shelter home after execution of a search warrant by narcotics
enforcement.
Adopted Yeas – 7 Nays – 0
8. Resolution – 08-311 – Approving a Stay of Council File 08-169, an Order to Remove 815
South Robert Street.
Adopted Yeas – 7 Nays – 0
9. Resolution – 08-312 – Approving a Stay of Council File 07-1226, an Order to Remove
447 Fry Street.
Adopted Yeas – 7 Nays – 0
10. Resolution – 08-313 – Approving adverse action against the Taxicab Driver (Provisional)
license application submitted by Thomas W. Ledo.
Adopted Yeas – 7 Nays – 0
March 26, 2008 City Council Summary Minutes Page 3
11. Resolution – 08-314 – Memorializing City Council action taken February 6, 2008
denying the appeal of Winston Kaehler to a decision of the Planning Commission
determining that use of 1704 Palace Avenue to house volunteers in a program run by the
Sisters of St. Joseph of Carondelet is similar to a convent, monastery or religious retreat.
[ZF 07-227-455]
Adopted Yeas – 7 Nays – 0
12. Resolution – 08-315 – Memorializing City Council action taken March 5, 2008 granting
the appeal of Shaw/Stewart Lumber Company for a subdivision (plat) for Lawyer Heights
in order to create two new parcels at 217 Como Avenue. [ZF 05-221-710]
Adopted Yeas – 7 Nays – 0
13. Resolution – 08-316 – Changing the rate of pay for the classification of Impound Lot
Manager from Grade 010 to Grade 024 of the Saint Paul Supervisors Organization,
Bargaining Unit 09.
Adopted Yeas – 7 Nays – 0
14. Resolution – 08-317 – Approving release of easements in parts of vacated Ames and
Copley Avenues.
Adopted Yeas – 7 Nays – 0
15. Preliminary Order – 08-318 – In the matter of constructing new sidewalk on the south
side of Cottage Avenue East from Germain Street to Kennard Street and the east side of
Germain Street from Ivy Avenue East to Cottage Avenue East, and setting date of public
hearing for April 16, 2008.
Adopted Yeas – 7 Nays – 0
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Councilmember Harris noted the passing of Greg Moran. He stated that Mr. Moran was a
friend to all and that he admired his ability to give a voice to the voiceless. Harris stated
that he will be missed.
Councilmember Thune commented on Mr. Moran’s exceptional ability to gain support
for issues he believed in.
5. Resolution – 08-308 – Giving consent to the transfer of the general partnership interest in
Minnesota Hockey Ventures Group, LP owned by Naegele Sports, LLC as required
pursuant to that certain arena lease among the City of Saint Paul and Minnesota Hockey
Ventures Group, LP dated and made effective as of January 15, 1998.
Councilmember Thune stated that this resolution officially authorized the sale of the Wild
to its new owner, Criag Leopold. Any transfer of ownership is subject to Council
March 26, 2008 City Council Summary Minutes Page 4
approval under the current contract. All had been deemed legitimate by the City
Attorney’s Office and Bob Geurs of the Department of Finance.
Pam Wheelock, Executive Vice President and Chief Financial Officer for the Minnesota
Wild, thanked Council for their leadership on the issue. She stated that the transfer of
ownership was a momentous occasion for the franchise. Bob Naegele will remain a
minority investor but he worked hard to secure a new owner who would continue to
invest in Saint Paul. Mr. Leopold has history as a franchise owner, having owned the
Nashville Predators, and is aware of the great fan base and the quality of the arena the
Wild had to offer. He planned to invest a quarter of a billion dollars in the City with the
purchase of the team and a residence.
The transfer also marked a point in a long term relationship with the City. The investment
by the City in the arena and team had led not only to a great team but other huge events
such as the RNC and figure skating championships that would benefit Saint Paul.
Thune stated that Mr. Leopold had demonstrated an allegiance to the team but also to its
future success.
Thune moved approval.
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
16. Resolution – 08-291 – Approving adverse action against all licenses held by Snelling
Café, Inc., 638 Snelling Avenue North. (Public hearing closed and laid over from March
19)
Councilmember Stark stated that after reviewing the specifics of this case he determined
there was a misunderstanding and miscommunication between City staff and the business
owner who has been a great asset to the community. He moved to stay 7 of the 10 days in
provided there were no additional violations with the license in the next 18 months.
Stark moved approval.
Adopted as amended (7 of 10 days stayed, provided there are no further violations within
a 18-month period) Yeas – 5 Nays – 2 (Harris, Lantry)
17. Resolution – 08-301 – Ordering the owner to remove or repair the building(s) at 164
Robie Street West within fifteen (15) days from adoption of resolution. (Public hearing
closed and laid over from March 19) (Legislative Hearing Officer's recommendation is
forthcoming)
March 26, 2008 City Council Summary Minutes Page 5
Legislative Hearing Officer, Marcia Moermond, stated that the fees had not been paid, no
bond had been posted and no plans for rehabilitation are forthcoming. As a result, she
recommended removal within fifteen days with no option for rehabilitation.
Councilmember Thune moved approval of the recommendation of the Legislative
Hearing Officer.
Adopted as amended (remove within fifteen (15) days with no option for repair, per the
recommendation of the Legislative Hearing Officer)
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.
PUBLIC HEARINGS ON ORDINANCES ARE HELD AT THE FINAL ADOPTION.
17. Final Adoption – 08-188 – An ordinance amending the Saint Paul Administrative Code
by adding new language to Title IV, Subt. B. Chapter 65 (reserved) pertaining to levying
and collecting special assessments for heritage preservation and other public purposes for
buildings in the B4 and B5 Zoning Districts.
Councilmember Thune said the ordinance was exciting because it had come out of a
collaboration of citizens and building owners in an attempt to improve historic properties.
Money could be borrowed from the City and repaid along with their taxes over a fifteen
or twenty-year term for exterior and façade improvements on historic properties. Thune
thanked members of the community, his Legislative Aide, Pat Lindgren, and City staff for
their hard work.
Harris stated he would not support the ordinance saying that although the effort is noble
and it is a good idea to fix up these structures, he is concerned about the path it would
take the City down. He questioned the ability to do an assessment of that nature, the
Council’s role in matters other than general public improvements, the City’s financial
future and lack of cash, and the competitive nature of the interest rate of the assessment.
He also questioned the risk associated with an assessment on a commercial property that
would not require the title to be cleaned up like a residential sale.
Thune stated that there is an acknowledgement with a historic property that the façade
does belong to the general public. He also stated that an assessment would stay with the
property regardless of sale and the City would not lose any money as a result.
March 26, 2008 City Council Summary Minutes Page 6
Councilmember Stark questioned if the money will be returned to the same fund out of
which it was borrowed and whether or not prevailing wage requirements would apply to
the jobs. Thune answered in the affirmative.
Thune moved approval.
Adopted Yeas – 6 Nays – 1 (Harris)
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 08-321 – Establishing guidelines for a downtown façade improvement
project.
Thune said the resolution set up the guidelines for the previous ordinance.
Councilmember Helgen questioned if success of the program would set a precedent for
expansion of the program to other areas of the City. Thune responded that there are set
guidelines with improvement of historic building that make the process easier. Currently
there is no precedent for newer construction. Also, there are limited funds to be borrowed
at this time. Expansion though, could be a possibility.
Thune moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 08-322 – Approving a budget amendment to Chapter 65 of the
Administrative Code to finance the Downtown Façade Improvement Program.
Laid over to April 2 for public hearing
Councilmember Helgen questioned the incorporation of public art into the budget of the
beautification process.
Thune moved approval.
Resolution introduced and laid over to April 2 for public hearing
Yeas – 7 Nays – 0
19. Final Adoption – 08-211 – An ordinance amending Chapter 14A of the Saint Paul
Legislative Code, Department of Neighborhood Housing and Property Improvement
(NHPI), to reflect the creation of the Department of Safety and Inspections (DSI).
Councilmember Carter moved approval
Adopted Yeas – 7 Nays – 0
March 26, 2008 City Council Summary Minutes Page 7
20. Final Adoption – 08-212 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code to allow for inspection of high pressure piping.
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays – 0
21. Final Adoption – 08-213 – An ordinance amending Chapter 293.09 of the Saint Paul
Legislative Code to include noise variance fees in Chapter 310.
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays – 0
22. Final Adoption – 08-214 – An ordinance amending Chapter 329.02 of the Saint Paul
Legislative Code to include alarm permit fees in Chapter 310.
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays – 0
23. Final Adoption – 08-215 – An ordinance amending Chapter 331A.04 of the Saint Paul
Legislative Code to clarify categories of license types as part of the new Environmental
Health Administrative Enforcement System.
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays – 0
24. Final Adoption – 08-216 – An ordinance amending Chapter 409.21 of the Saint Paul
Legislative Code to clarify gambling regulations.
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays – 0
25. First Reading – 08-319 – An ordinance memorializing City Council action granting the
appeal of the University of St. Thomas to rezone property at 2076 Grand Avenue from B2
(Community Business) to RM2 (Medium-Density Multiple-Family Residential). [ZF 07-
224-335] (Public hearing held March 5, 2008)
Laid over to April 2 for second reading
26. First Reading – 08-320 – An ordinance memorializing City Council action granting the
appeal of William Edrington to rezone property at 180 George Street West from RT1
(Two-Family Residential) to RT2 (Townhouse Residential) to legalize a triplex. [ZF 07-
179-179] (Public hearing held March 5, 2008)
Laid over to April 2 for second reading
March 26, 2008 City Council Summary Minutes Page 8
Councilmember Thune moved to adjourn the meeting.
Yeas – 7 Nays – 0
ADJOURNED at 4:02 P.M.
ATTEST:
_____________________________ __________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___May 7, 2008_____________
Joan Reidell Minutes approved by Council