Minutes 5-28-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, May 28, 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.ci.stpaul.mn.us/council and click on Watch the Live
Webcast
The meeting was called to order by Council President Lantry at 3:30 p.m.
Present – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Thune
Absent – 0
Councilmember Carter requested Item 2 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
Adopted as amended Yeas – 7 Nays – 0
CONSENT AGENDA (Items 1 - 16)
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 Robert M. Brusic, Gregory J. Egbert, Mary M. Eversoll, Brent L. Greenlee, Zoe
Z. Gubash, Melisa K. Lascewski, Tasha M. Merrit (Halverson and Blaiser Group),
Robert H. Schmall, James Sherrill, William J. Thurmes, and Maria L. Vallejo.
Referred to Risk Management
2. Letters from the Department of Safety and Inspections declaring 290 Charles
Avenue, 1863 Montana Avenue, and 606 - 606-1/2 Thomas Avenue as nuisance
properties. (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
(Discussed after the consent agenda)
May 28, 2008 City Council Summary Minutes Page 2
3. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on June 4, 2008, to consider adverse action against the Taxicab Driver
(Provisional) license application submitted by Michael H. Ehnstrom.
4. Administrative Orders:
D002718 Authorizing the Police Department to remit an amount not to exceed
$10,000 to Campion Rose Burns Catering for the Saint Paul Police
Department Professional Development Institute (PDI) law enforcement
training sessions to be held between January and December of 2008.
D002719 Authorizing the Police Department to remit an amount not to exceed
$10,000 to Byerly’s for the Saint Paul Police Department Professional
Development Institute (PDI) law enforcement training sessions to be held
January and December of 2008.
D002720 Authorizing the Police Department to remit an amount not to exceed
$2,499 to Rainbow Foods for the Saint Paul Police Department
Professional Development Institute (PDI) law enforcement training
sessions to be held between January and December of 2008.
D002721 Authorizing the Police Department to remit an amount not to exceed
$2,499 to Cub Foods for the Saint Paul Police Department Professional
Development Institute (PDI) law enforcement training sessions to be held
between January and December of 2008.
On file in the City Clerk’s Office
FOR ACTION
5. Resolution – 08-553 – Authorizing the Office of Human Resources to extend the
Firefighter eligible list by up to one additional year if it is determined that the extension is
in the best interest of the City.
Adopted Yeas – 7 Nays – 0
6. Resolution – 08-554 – Authorizing the Police Department to enter into an agreement with
the Public Housing Agency to provide the community policing program known as ACOP
from April 1, 2008 through March 31, 2009.
Adopted Yeas – 7 Nays – 0
7. Resolution – 08-555 – Authorizing the Police Department to accept a gift of motorcycle
lighting equipment valued at $5,366.20 from Emergency Automotive Technologies, Inc.
Adopted Yeas – 7 Nays – 0
May 28, 2008 City Council Summary Minutes Page 3
8. Resolution – 08-556 – Authorizing the appropriate City officials to enter into an
agreement with MTI Distributing for City use of field equipment at no charge in
exchange for advertising at Midway Stadium.
Adopted Yeas – 7 Nays – 0
9. Resolution – 08-557 – Approving adverse action against the Mobile Food Vehicle license
application submitted by Ilean Lee, d/b/a Ilean’s Ice Cream.
Adopted Yeas – 7 Nays – 0
10. Resolution – 08-558 – Approving adverse action against the Restaurant (A) 0-12 Seats
license application submitted by Maiseng M. Yang, d/b/a Hmong Café, 371 University
Avenue.
Adopted Yeas – 7 Nays – 0
11. Resolution – 08-559 – Approving adverse action against the Cigarette/Tobacco license
held by Akbar Saleem Abdul-Ahad, d/b/a Meal Ticket Foods, 1168 Selby Avenue.
Adopted Yeas – 7 Nays – 0
12. Resolution – 08-560 – Approving adverse action against the Massage Practitioner license
held by Lisa Jefferson, 876 Selby Avenue.
Adopted Yeas – 7 Nays – 0
13. Resolution – 08-561 – Approving adverse action against the Massage Practitioner license
held by Sandra L. Pew, 2145 Ford Parkway.
Adopted Yeas – 7 Nays – 0
14. Resolution – 08-562 – Approving adverse action against the Massage Practitioner license
held by Dawn M. Rude, 2145 Ford Parkway.
Adopted Yeas – 7 Nays – 0
15. Resolution – 08-563 – Approving adverse action against the Massage Practitioner license
held by Nicolle Ryan, 1208 Grand Avenue.
Adopted Yeas – 7 Nays – 0
16. Resolution – 08-564 – Memorializing the Stay in Implementation of Council File 08-420,
an order to remove or repair at 253 254 Winifred Street East within 15 days.
Adopted Yeas – 7 Nays – 0
May 28, 2008 City Council Summary Minutes Page 4
PUBLIC HEARING
17. Resolution – 08-537 – Approving the application of Brandenburg Industrial Service
Company, represented by Eric Ahlgren, Project Manager, for a sound level variance in
order to operate demolition equipment and power tools from 6:00 a.m. to 8:00 p.m.
Monday through Saturday from April 28, 2008 through October 31, 2009 at the Xcel
Energy High Bridge Plant, 501 Shepard Road. (Public hearing continued from May 21)
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval.
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
2. Letters from the Department of Safety and Inspections declaring 290 Charles Avenue,
1863 Montana Avenue, and 606 - 606-1/2 Thomas Avenue as nuisance properties. (For
notification purposes only; public hearings will be scheduled at a later date if necessary.)
Councilmember Carter stated that he will abstain from voting on 290 Charles Avenue if it
comes forth for a public hearing.
18. Recognizing Ron Kline on his retirement after 35 years of dedicated service to the City of
Saint Paul.
Council President Lantry read a resolution recognizing Ron Kline for his many years of
service to the City of Saint Paul. Kline addressed the citizens of Saint Paul and the City
Council and extended his thanks and appreciation for being an employee of the City.
(See suspension item 08-569)
19. Resolution – 08-565 – Proclaiming Wednesday, May 28, 2008 to be Central High School
Science Bowl Team Day in the City of Saint Paul. (GS 3054270)
Carter read the resolution and introduced three students and the coach from the Central
High School team.
Councilmember Carter moved approval.
Adopted Yeas – 7 Nays – 0
May 28, 2008 City Council Summary Minutes Page 5
20. Resolution – 08-566 – Authorizing 25-year financing through a City Lease with the
Housing and Redevelopment Authority for improvements to the Jimmy Lee Recreation
Center.
Councilmember Carter moved to introduce a substitute resolution and approval.
Substitute adopted.
Yeas – 6 Nays – 0 Abstention – 1 (Harris)
21. Resolution – 08-354 – Ordering the owner to remove or repair the building(s) at 152 King
Street West within fifteen (15) days from adoption of resolution. (Public hearing held and
laid over from April 2)
Councilmember Thune moved a two week layover.
Laid over to June 11 Yeas – 7 Nays – 0
22. Letter from the Office of the Ramsey County Attorney in the matter of the application of
County of Ramsey to register title to certain land. (Court File C8-06-1801)
Peter McCall, City Attorney’s Office, spoke on this issue.
No action required.
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.
23. Final Adoption – 08-437 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code to create a process for vacant building total remodel and increasing
vacant building fees.
Councilmember Thune moved approval.
Adopted Yeas – 5 Nays – 0 (Bostrom and Carter not present)
24. Final Adoption – 08-438 – An ordinance amending Chapter 43 of the Saint Paul
Legislative Code to set the vacant building registration fee to $500.00 $1,000.00 per year.
(Amended on May 7)
Councilmember Stark moved approval.
Adopted Yeas – 6 Nays – 0 (Bostrom not present)
May 28, 2008 City Council Summary Minutes Page 6
25. Final Adoption – 08-461 – An ordinance amending Chapter 409.06 of the Saint Paul
Legislative Code to clarify signature requirements for seasonal outside services areas.
Councilmember Helgen stated he is concerned with the language and said he would like a
one week layover.
Council President Lantry stated she would like to add “good faith effort” that is missing
from one of the categories. Harris accepted it as a friendly amendment.
Councilmember Carter asked about 90% of the owners. He asked if occupants would be
allowed to sign a petition. Rachel Tierney, Assistant City Attorney, suggested that the
Council strike “and occupants.”
Carter said they should not be creating a new situation that less than 60% standard is
approached. Harris stated he would be fine with DSI deciding what is a “good faith
effort.”
Thune stated that 60% is a low threshold. Bostrom stated that it is in their best interest to
get as close to 90% as possible. Harris responded that he is in no rush, but he would just
want to make sure it is done right.
Thune stated that the benchmarks should be tight. It is unprecendented that they are
relaxing something that has been tight and they should be very careful that they don’t
totally relax it.
Stark stated that the minimum number should be indicated. It is easier than defining good
faith.
Lantry said there are instances where there are two houses within 50 feet of the patio. If
one is not reached, then a person is already at 50%.
Harris said he is concerned and noted that Minneapolis has minimal requirements for this
type of license.
Lantry stated an applicant has to get approval from the district council. They must agree
with the patio owner and they still have to come before the City Council. The attempt to
find out if they made a good faith effort is quite obvious at that time. Harris concurred
and provided some additional language.
Harris moved approval of the ordinance as amended.
Adopted as amended Yeas – 7 Nays – 0
May 28, 2008 City Council Summary Minutes Page 7
26. Final Adoption – 08-462 – An ordinance memorializing City Council action granting the
application of TC Habitat for Humanity to rezone property at 1611 Case Avenue, between
Herbert Street and Germain Court, from L1 Light Industrial to R4 One-Family
Residential. [ZF 08-031-543]
Councilmember Bostrom moved approval.
Adopted Yeas – 7 Nays – 0
27. Final Adoption– 08-463 – An ordinance amending Chapter 200 of the Saint Paul
Legislative Code to correct erroneous cross-references, to allow shortened leash lengths
for dangerous dogs, and to make it a misdemeanor to fail to surrender animals which have
been ordered to be seized.
Councilmember Bostrom moved approval.
Adopted Yeas – 7 Nays – 0
28. Final Adoption – 08-464 – An ordinance amending Chapter 310 of the Saint Paul
Legislative Code to clarify penalties and establish 2:00 a.m. closing license. (Amended
on May 21)
Councilmember Helgen moved to layover one week.
Laid over to June 4 for final adoption Yeas – 7 Nays – 0
29. Final Adoption– 08-465 – An ordinance amending Chapter 409 of the Saint Paul
Legislative Code to clarify penalties and establish 2:00 a.m. closing license. (Amended
on May 21)
Councilmember Helgen presented a substitute ordinance with two changes. He noted that
previously the Council talked about moving some of the language and the video taping
requirements into the penalty matrix. They also heard testimony about the impact of two
staff required when a business is only open until 1:00 a.m. If they gave their schedule to
the Department of Safety and Inspections (DSI) and they do not intent to be open until
2:00 a.m., they do not have to meet the two person requirement. A memo was received
from Bob Kessler, DSI Director, who said the Mayor thought it was cumbersome to
implement and they came up with a license fee of $200 to cover the cost. If this is
upfront in the matrix, it is easier for the Council to deviate downward. They have worked
closely with the City Attorney’s office.
Helgen moved to layover the substitute one week for final adoption.
Substitute laid over to June 4 for final adoption
Yeas – 6 Nays – 0 (Harris not present)
May 28, 2008 City Council Summary Minutes Page 8
30. Third Reading – 08-506 – An ordinance memorializing City Council action granting the
application of CSLK, LLC to rezone property at 647 Victoria Street South, northwest
corner at 7th Street, from R4 One-Family Residential to RM2 Medium-Density Multiple
Family Residential in order to convert the existing residence to a duplex. (Public hearing
held April 16, 2008) [ZF 08-032-016]
Laid over to June 4 for final adoption
31. Second Reading – 08-552 – An ordinance amending Chapter 43 of the Saint Paul
Legislative Code clarifying the definition of vacant buildings and amending the regulation
of fire damaged vacant buildings.
Laid over to June 4 for third reading/public hearing
32. First Reading – 08-567 – An ordinance amending Chapter 310.18 of the Saint Paul
Legislative Code to establish a license for animal day care and animal boarding.
Laid over to June 4 for second reading
33. First Reading – 08-568 – An ordinance amending Chapter 310.18 of the Saint Paul
Legislative Code establishing a fee for animal day care and boarding.
Laid over to June 4 for second reading
Suspension Items
Councilmember Bostrom moved suspension of the rules and approval of the following
resolution:
Resolution – 08-569 – Recognizing Ron Kline for his years of service to the City of Saint
Paul.
Adopted Yeas – 7 Nays – 0 (Companion to Item 18)
Councilmember Stark moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0
Resolution – 08-570 – Waiving the 45 days notice requirement and issuing a liquor
outdoor service area (sidewalk) license to Firefly Air Solutions, d/b/a 128 Café, located at
128 Cleveland Avenue North.
Stark moved approval.
Adopted Yeas – 6 Nays – 0 (Harris not present)
Council President Lantry moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0 (Harris not present)
May 28, 2008 City Council Summary Minutes Page 9
Resolution – 08-571 – Memorializing the rejection of the appeal of the Coalition to March on the
RNC and Stop the War made under Section 366A.10 of the Saint Paul Legislative Code.
Lantry moved approval.
Adopted Yeas – 6 Nays – 0 (Harris not present)
Council President Lantry moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0
Resolution – 08-572 – Accepting gift of $1,480 per person from the Convention and
Visitors Authority to pay roundtrip airfare for Mayor Christopher Coleman and the
Director of Marketing and Convention Planning Erin Dady to Washington D.C.
Councilmember Thune noted that the airfare cost seemed high.
Lantry moved approval.
Adopted Yeas – 6 Nays – 0 (Harris not present)
Council President Lantry moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0
Resolution – 08-573 – Increasing the towing charges pursuant to the amount agreed upon
in the contract between the City of Saint Paul and the contract tower as required in 162.05
of the Saint Paul Legislative Code.
Lantry moved approval.
Adopted Yeas – 6 Nays – 0 (Harris not present)
Thune moved to adjourn the meeting. Yeas – 6 Nays – 0
Adjourned at 4:32 P.M.
ATTEST:
_____________________________ ____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___August 27, 2008 _________
Racquel Naylor Minutes approved by Council