Minutes 1-24-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 24, 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 3:30 p.m.
Present – 7 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 0
CONSENT AGENDA (Items 1 - 29)
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.
Councilmember Helgen requested Item #9 be removed for discussion
Councilmember Thune moved approval of the consent agenda as amended.
Adopted as amended Yeas – 7 Nays – 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Michael Dixon, and Lindell & Lavoie, LLP (for Christopher A. Mondry).
Referred to Risk Management
2. Statement of Claim and Summons in the matter of Ronald C. Buford vs. one seized 1997
Chevrolet Tahoe.
Referred to the City Attorney’s Office
3. Letter from the Office of the City Attorney announcing an Administrative Hearing on
February 1, 2007 at 9:30 a.m., Room 220 – County Commissioners Office, City
Hall/Courthouse, 15 West Kellogg Boulevard, to consider all licenses held by Hmong
American Partnership, 1075 Arcade Street.
January 24, 2007 City Council Summary Minutes Page 2
4. Letter from the Department of Planning and Economic Development announcing a
public hearing before the City Council on February 7, 2007 to consider the
application of Kristi Wheeler/Adam H. Duckwall for a subdivision (Combined Plat)
for Duckwall Division to create two single family parcels at 519 Wheelock Parkway East,
between Hoyt Avenue and Edgerton Street. (Zoning File No. 06- 115-643)
5. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on February 7, 2007 to consider the application of Nou
Vang to rezone property from I1 (Light Industrial) to TN2 (Traditional Neighborhood) at
892 Hamline Avenue North, Northeast corner at Pierce Butler Route. (Zone File No. 06-
289-537)
6. (No item)
FOR ACTION
7. Approval of minutes of January 3, 2007.
Adopted Yeas – 7 Nays – 0
8. Resolution – 07-48 – Approving renewal of the City’s contract with Saint Paul
Neighborhood Network (SPNN) for the provision of Public and Educational access
services and community programming.
Adopted Yeas – 7 Nays – 0
9. Resolution – 07-49 – Identifying Joint Legislative Interests of the Cities of Saint Paul and
Minneapolis.
(Discussed after the consent agenda)
10. Resolution – 07-50 – Delegating to a Pricing Committee the sale of Water Revenue
Refunding Bonds, Series 2007A, not to exceed $9,125,000, and providing for their
issuance.
Adopted Yeas – 7 Nays – 0
11. Resolution – 07-51 – Authorizing the execution of a signage amendment to the
Conservation Easement granted to the Minnesota Department of Natural Resources for
the Bruce Vento Nature Sanctuary.
Adopted Yeas – 7 Nays – 0
12. Resolution – 07-52 – Approving a Certificate of Correction to the Final Plat for
Neighborhood Housing Payne Avenue Townhomes Second Addition.
Adopted Yeas – 7 Nays – 0
January 24, 2007 City Council Summary Minutes Page 3
13. Resolution – 07-53 – Authorizing the proper City officials to participate in Adaptive
Recreation Program events and classes where food is served.
Adopted Yeas – 7 Nays – 0
14. Resolution – 07-54 – Authorizing the Department of Fire and Safety Services to accept
the donation of $250.00 from Saint Patrick’s Association.
Adopted Yeas – 7 Nays – 0
15. Resolution – 07-55 – Authorizing the Department of Fire and Safety Services to accept a
2007 Influenza Pandemic Planning Grant in the amount of $59,608.00 from the State of
Minnesota to enhance the City’s pandemic influenza preparedness.
Adopted Yeas – 7 Nays – 0
16. Resolution – 07-56 – Approving the appointments of Wendy Moylan and Ricky Wayne
Nelson, and the reappointment of Thomas Kayser, by Mayor Coleman, to the Saint Paul
Parks and Recreation Commission.
Adopted Yeas – 7 Nays – 0
17. Resolution – 07-57 – Approving the appointments of Harriet Mednick, Dennis Sohlstrom,
Kelly O’Brien, and Parthenia Swyningan, and the reappointments of Renee Skoglund,
Jamie Warndahl, Paula Wieczorek, and Ruth Blackman, by Mayor Coleman, to the
Advisory Committee on Aging.
Adopted Yeas – 7 Nays – 0
18. Resolution – 07-58 – Approving the appointment of Michael Yang, by Mayor Coleman,
to the Capitol Area Architectural Planning Board.
Withdrawn
19. Resolution – 07-59 – Approving the appointment of Janice Lindstrom and the
reappointment of Patrick Wood, by Mayor Coleman, to the Ramsey County/City of Saint
Paul Homeless Advisory Board.
Adopted Yeas – 7 Nays – 0
20. Resolution – 07-60 – Approving the reappointments of Representatives Alice Hausman
and Tim Mahoney, by Mayor Coleman, to the Saint Paul Riverfront Corporation.
Adopted Yeas – 7 Nays – 0
21. Resolution – 07-61 – Approving the appointments of Robert Barbosa and Matthew Cole,
by Mayor Coleman, to the Bicycle Advisory Board. (GS 3036282)
Adopted Yeas – 7 Nays – 0
January 24, 2007 City Council Summary Minutes Page 4
22. Resolution – 07-62 – Waiving the 45-day notice requirement and granting Pizza Luce,
1183 Selby Avenue, a 2:00 a.m. wine and strong beer license, with conditions.
Withdrawn
23. Resolution – 07-63 – Approving the application, per the Legislative Hearing Officer, for a
Tattoo Parlor License by Titus McKnight, d/b/a Five Star Tattoo Co. LLC, 927 University
Avenue.
Adopted Yeas – 7 Nays – 0
24. Resolution – 07-64 – Approving adverse action against the Second Hand Dealer
(Antiques) license held by Richard G. Lefebvre, d/b/a Antiques of Quality, 918
Raymond Avenue.
Adopted Yeas – 7 Nays – 0
25. Resolution – 07-65 – Approving adverse action against the Second Hand Dealer license
held by Finch Designs, d/b/a Ma Barkers Bazaar, 509 Sibley Street.
Adopted Yeas – 7 Nays – 0
26. Resolution – 07-66 – Approving adverse action against the Mobile Food Vehicle license
application submitted by Shane R. Murray, d/b/a Red Bell Ice Cream, for the City of
Saint Paul.
Adopted Yeas – 7 Nays – 0
27. Resolution – 07-67 – Approving adverse action against the Massage Practitioner license
held by Lynn M. Hurd for the City of Saint Paul.
Adopted Yeas – 7 Nays – 0
28. Resolution – 07-68 – Approving adverse action against the Massage Practitioner license
held by Kelly E. Robledo for the City of Saint Paul.
Adopted Yeas – 7 Nays – 0
29. Resolution Approving Assessment – 07-69 – In the matter of the assessment of benefits,
cost and expenses for boarding up vacant buildings during October 2006 (J0612B);
towing abandoned vehicles from private properties during October 2006 (J0607V); and
setting date of public hearing for March 7, 2007.
Adopted Yeas – 7 Nays – 0
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January 24, 2007 City Council Summary Minutes Page 5
9. Resolution – 07-49 – Identifying Joint Legislative Interests of the Cities of Saint Paul and
Minneapolis. (GS 3036287)
Councilmember Helgen said this resolution was reviewed at the Legislative Committee
and presented at the joint meeting with the Minneapolis City Council. He thanked the
Councilmembers for being co-authors on this important joint resolution. He also thanked
staff including Elizabeth Davis, Trudy Moloney, Wendy Underwood, Mike Wilhelmi,
and anyone else involved
Councilmember Helgen moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-71 – Proclaiming January 24, 2007 to be Harry Gaston Day in the City
of Saint Paul.
Councilmember Thune read the resolution recognizing Harry Gaston who recently passed
away.
Don Luna, West Side resident and President of West Side Citizens Organization,
accepted the resolution on behalf of the Gaston family and extended thanks and
appreciation.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
30. Report from Rachel Gunderson, Assistant City Attorney, regarding regulation for
delinquent administrative fine payments. (Report requested by Council on December 20,
2006)
Rachel Gunderson distributed a memorandum to the Council. She noted that she was
present to respond to a question raised by Councilmember Harris at the December 20 City
Council meeting: “Why do we let people pay their administrative fines late?” She stated
that she drafted changes to Chapter 310 of the City’s ordinances to address that issue.
The two changes reflected in the memo are a change that says if a fine is paid more than
30 days late, a late fee of $250 will be imposed. She also wrote in a provision that the
Council could extend the 30-day deadline if a licensee asked to have it extended for some
reasons. The other concern may be whether or not the licensee would get notice. Ms.
January 24, 2007 City Council Summary Minutes Page 6
Gunderson said when she files a notice of violation and the procedures of the Office of
LIEP, she will warn people that there is a 30-day deadline and the consequences will be
outlined. Besides the late fee, there is a consequence of a suspension of all licenses that
were involved in the adverse action. Any time the City imposes a fee, the fee must have a
corresponding service that it is paying for. The $250 is the approximate cost of
suspending a license. After the 30 days, or whatever deadline the Council chooses, the
license would be administratively suspended until the fine and late fees were paid.
In the proposed changes, any time a license is suspended for late payment of fees, it
would be in addition to any time that is imposed as part of the original sanction.
31. Presentation by Anne Hunt, Mayor’s Office, on the City’s Green Building efforts.
Ms. Hunt highlighted some of the green building efforts that are being done in Saint Paul.
The Mayor’s goal is to try to make Saint Paul the most livable, greenest, beautiful city in
America, Ms. Hunt said. About a year ago, the Council passed a resolution on a U.S.
Mayor’s Climate Protection Agreement where it was agreed to try to work to reduce
carbon dioxide emissions by 20 percent by the year 2020. This will be done by increasing
efficiency, promoting renewable energy and alternative fuels, and reducing the number of
vehicle miles traveled. The Sustainable Saint Paul team has been looking at things
through the lens of sustainability - - things that are going to have the biggest
environmental impact, things that are going to be cost effective, and things that tax payers
and the broad public will be able to support.
Ms. Hunt said some of the reasons they are focused on buildings and future buildings is
because the first cost of buildings are usually just 6% and over the 30-year life of a
building, it’s the day-to-day expenses that add up to the total cost of a building. With the
green building resolution before the Council at this time, they will be focused on how the
City can design a smarter, better, greener building that, in the long term, is going to have
fewer operating expenses.
Ms. Hunt gave a Power Point presentation. This can be found on the City Council’s
meeting website.
32. Resolution – 07-70 – Establishing a Sustainable Development Policy for new and
renovated municipal buildings in the City of Saint Paul.
Councilmember Helgen presented a substitute resolution and explained the changes.
Councilmember Helgen moved approval of the substitute.
Substitute adopted Yeas – 7 Nays – 0
January 24, 2007 City Council Summary Minutes Page 7
33. Resolution – 06-1120 – Establishing a building deficiency point system for the purpose
of implementing a Fire Certificate of Occupancy Inspection Schedule based on building
characteristics, per Title VI of the Legislative Code "Building and Housing." (Amended
and laid over from January 10) (Companion to Ordinance 06-1130)
Council President Lantry moved approval.
Adopted 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.
34. Final Adoption – 06-1129 – An ordinance amending Title VI of the Saint Paul Legislative
Code, "Building and Housing," to create a chapter establishing a Fire Certificate of
Occupancy Program. (Amended January 10 and January 17)
Councilmember Thune said his office was contacted with concerns about inspections and
notification of tenants living in properties. He said he was prepared to offer an
amendment requiring proper notification; however, he learned that this is already a part of
a state law that exists requiring landlords to notify tenants both for entrance into a
building and for purposes of an inspection. He said he has been told language could be
put in the letter to the landlords reminding them to notify their tenants because it’s state
law. If there is a complaint, a response should be ready with a reminder of tenants’ rights.
Councilmembers Bostrom and Benanav moved approval
Adopted Yeas – 7 Nays – 0
35. Final Adoption – 06-1130 – An ordinance amending Title VI of the Saint Paul Legislative
Code, "Building and Housing," the Fire Certificate of Occupancy Program, to include a
Classification System. (Amended January 10)
Council President Lantry moved approval.
Adopted Yeas – 7 Nays – 0
36. Final Adoption – 06-1131 – An ordinance repealing Chapter 51 of the Saint Paul
Legislative Code pertaining to Dwelling Unit Registration.
Councilmember Bostrom moved approval.
Adopted Yeas – 7 Nays – 0
January 24, 2007 City Council Summary Minutes Page 8
37. Final Adoption – 06-1132 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code pertaining to Building Code and Inspection. (Amended January 10 and
January 17)
Councilmember Bostrom moved approval.
Adopted Yeas – 7 Nays – 0
38. Third Reading – 07-29 – An ordinance memorializing City Council action granting the
application of Margery Wells to rezone property from RM-2 (Multiple-Family
Residential) to OS (Office-Service) at 1449 Grand Avenue, between Pascal and Albert
Streets. (Zoning File No. 06-240-622) (Public hearing held December 20, 2006)
Laid over to February 7 for final adoption
39. Second Reading – 07-38 – An ordinance amending Chapter 166.10 of the Saint Paul
Legislative Code by extending the residential street permit parking district in the Irvine
Park neighborhood to include residents on the south side of Exchange Street.
Councilmember Thune said Forepaugh’s Restaurant had concerns as to whether this
ordinance will allow public parking in front of their building. He requested Public Works
be contacted so public parking is not put in front of Forepaugh’s
Laid over to February 7 for third reading/public hearing
40. Second Reading – 07-39 – An ordinance amending Chapter 64 of the Saint Paul
Legislative Code pertaining to signs, amending existing language and adding new
language pertaining to temporary signs, skyway banners and light pole banners; amending
Saint Paul Legislative Code Section 140.07 pertaining to skyway advertising and exterior
signs, adding new language regulating exterior skyway banners; and amending Saint Paul
Legislative Code Section 286.03 pertaining to posting of masts and poles, regulating
banners on light poles.
Laid over to February 7 for third reading/public hearing
Suspension Items:
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-72 – Scheduling a closed meeting for Wednesday, February 7, 2007 for
the City Council to consider strategy for labor negotiations.
Council President Lantry moved approval.
Adopted Yeas – 7 Nays – 0
January 24, 2007 City Council Summary Minutes Page 9
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-73 – Prohibiting the issuance or approval of zoning and building permits
to retrofit any existing billboard with digital or electronic panels of any sort until such
time as a study on this matter has been completed. (Companion to Ordinance 07-74)
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Thune moved suspension of the rules to introduce the following ordinance:
Yeas – 7 Nays – 0
First Reading – 07-74 – An ordinance pursuant to Minn. Stat. § 462.355, Subd. 4 to
preserve the status quo pending the completion and report of a study and possible action
on the study including amending the City’s zoning ordinances regulating advertising signs
as they may pertain to retrofitting existing advertising signs with new “digital” or
“electronic” panels.
Laid over to February 7 for second reading
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-75 – Indemnifying Ramsey County Parks and Recreation and the City of
Roseville for their involvement with the City of Saint Paul’s 2007 Softball on Ice
tournament.
Councilmember 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 – 07-76 – Indemnifying Dean’s Tavern, located in the City of Roseville, for
their involvement with the City of Saint Paul’s 2007 Softball on Ice tournament.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Harris moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
January 24, 2007 City Council Summary Minutes Page 10
Resolution - 07-77 - Authorizing the execution of a First Amendment to a Lease-
Purchase Agreement with the RiverCentre Convention and Visitors Authority.
Councilmember Harris moved approval
Adopted Yeas – 7 Nays – 0
Councilmember Montgomery moved suspension of the rules to introduce the following
resolution: Yeas – 7 Nays – 0
Resolution – 07-78 – Approving the license application, per the Legislative
Hearing Officer, for a State of Minnesota Gambling Control Board’s Premise Permit by
Community Charities of Minnesota, 400 Selby Avenue.
Councilmember Montgomery moved approval
Adopted Yeas – 7 Nays – 0
Councilmember Montgomery moved suspension of the rules to introduce the following
resolution: Yeas – 7 Nays – 0
Resolution – 07-79 – Approving the license application, per the Legislative
Hearing Officer, for a Gambling Location License by Cathedral Hill Hospitality, d/b/a
Fern’s Bar and Grill, 400 Selby Avenue.
Councilmember Montgomery moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Thune moved to adjourn the meeting. Yeas – 7 Nays – 0
ADJOURNED at 4:15 P.M.
ATTEST:
_____________________________ _______________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ___February 7, 2006 ____________
Mary Erickson Minutes approved by Council