Minutes 3-21-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 21, 2007 - 3:30 p.m.
PUBLIC HEARINGS – 5:30 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 – 6 –Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 1 – Benanav (excused)
CONSENT AGENDA (Items 1 - 21)
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 17 be removed for discussion
Councilmember Thune moved approval of the consent agenda approved as amended
Adopted as amended Yeas – 6 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Emily Brasel, Matthew Doughty, Sharifa Elaraj (attorney for Gabino Barrera
Cardona), Sharifa Elaraj (attorney for Juan Cardona), Paula Gudmundson, Sadik N.
Ismail, Heather J. Jacobson, Lori Kieffer, Samuel Mengistu, Bridget McMahon, Cher
Moua, Teresa Zepeda Montanez, Semora Buford Murrell, Jacob Pertzsch, Jeff Rodgers,
Tim Ryan, Olivia Scullark, Shonda Turner, and Be Yang.
Referred to Risk Management
2. Summons and Complaint in the matter of Thanh Thuy Tran vs. the City of Saint Paul.
Referred to the City Attorney’s Office
March 21, 2007 City Council Summary Minutes Page 2
3. Claim in the matter of Jimmy J. Micius vs. the City of Saint Paul Police Department, et
al.
Referred to the City Attorney’s Office
4. Administrative Orders:
D002631 Approving the move of budget authority to cover a 2006 year-end
variance within the Cable Communications Special Revenue Fund.
D002632 Approving the move of budget authority to cover 2006 year-end
variances within the Special Project General Government Special
Revenue Fund.
D002633 Amending the spending plans for the Department of Public Works
General Fund activities.
On file in the City Clerk’s Office
FOR ACTION
5. Resolution – 07-235 – Approving the Memorandum of Agreement between the City and
Classified Confidential Employees Association – Professional which replaces the
previously approved pilot project MOA for the Human Resources Consultant Job Family.
(Laid over from March 14 for adoption)
Adopted Yeas – 6 Nays – 0
6. Resolution - 07-257 – Approving the Memorandum of Agreement between the City and
the Professional Employees Association which replaces the previously approved pilot
project MOA for the Human Resources Consultant Job Family. (To be laid over one
week for adoption)
Laid over to March 28 for adoption Yeas – 6 Nays – 0
7. Resolution – 07-258 – Approving an amended and restated Joint Powers Agreement for
the Rush Line Corridor Task Force. (GS 3037713)
Adopted Yeas – 6 Nays – 0
8. Resolution - 07-259 – Authorizing the execution of a Second Amendment to a Lease-
Purchase Agreement.
Adopted Yeas – 6 Nays – 0
9. Resolution – 07-260 – Approving the Final Plat for Jefferson Commons at Berry Street in
order to create one (1) lot for three (3) residential buildings. (Zoning File 07-020-14)
Adopted Yeas – 6 Nays – 0
March 21, 2007 City Council Summary Minutes Page 3
10. Resolution - 07-261 - Amending C.F. #07-122 deleting the assessment for excessive
consumption of inspection services from July 3 to August 3, 2006 at
307 Michigan Street.
Adopted Yeas – 6 Nays – 0
11. Resolution - 07-262 – Authorizing the Division of Parks and Recreation to undertake an
integrated Pest Management/Pesticide Program on City property and post notification.
Adopted Yeas – 6 Nays – 0
12. Resolution - 07-263 – Authorizing the Division of Parks and Recreation to purchase food
for Senior Citizen Programs and authorizing staff working the events to participate in
meals and other food offered.
Adopted Yeas – 6 Nays – 0
13. Resolution - 07-264 –Authorizing the Police Department to enter into an agreement with
Hamline Park Plaza Partnership to renew the lease for office space for the Police
Department Employee Assistance Program.
Adopted Yeas – 6 Nays – 0
14. Resolution - 07-265 – Authorizing the Police Department to enter into an agreement with
Camp Ripley for use of the United States Army’s advanced training facility at Camp
Ripley, Fort Ripley, Minnesota from April 29, 2007 through May 4, 2007 for the Police
Academy Class 2007-1 training.
Adopted Yeas – 6 Nays – 0
15. Resolution - 07-266 – Authorizing the Police Department to enter into a Joint Powers
Agreement with Wabasha County for the Wabasha County Sheriff’s Office participation
in the Internet Crimes Against Children Task Force.
Adopted Yeas – 6 Nays – 0
16. Resolution – 07-267 – Approving the application with conditions, per the Legislative
Hearing Officer, for Liquor On Sale-100 Seats or Less, Liquor On Sale-Sunday, Liquor
On Sale-2:00 a.m. Closing, Liquor-Outdoor Services Area, Restaurant B-More than 12
Seats, Restaurant D Add-on, Entertainment B, Gambling Location, and Cigarette
Tobacco licenses by Dao Hoang, owner, International Network Association, d/b/a Luxor
Lounge, 719 Dale Street North.
Adopted Yeas – 6 Nays – 0
17. Resolution - 07-268 – Approving adverse action against all licenses held by Debra
Johnson, d/b/a Sports Break, 1199 Rice Street.
(Discussed after the consent agenda)
March 21, 2007 City Council Summary Minutes Page 4
18. Resolution - 07-269 – Approving adverse action against all licenses held by Dahouse,
LLC, d/b/a Mike’s Bar, 326 Grove Street.
Adopted Yeas – 6 Nays – 0
19. Resolution – 07-270 – Releasing utility easements in a portion of previously vacated
Capitol Heights and accepting new utility, sewer, and sidewalk easements from Regions
Hospital.
Adopted Yeas – 6 Nays – 0
20. Resolution Approving Assessment – 07-271 – In the matter of the assessment of benefits,
cost and expenses for summary abatements (property clean-ups) on private property from
January 30 to February 23, 2007 (J0703A); providing weekly garbage hauling services
from January 31 to February 27, 2007 (J0703G); demolition of a vacant building at 492
Bay Street in February, 2007 (J0703C); removing diseased elm trees from private
property during the 2006/2007 winter season (0701T); and setting date of Legislative
Hearing for April 17, 2007 and City Council Public Hearing for May 2, 2007
Adopted Yeas – 6 Nays – 0
21. Resolution Approving Assessment – 07-272 – In the matter of the assessment of benefits,
cost and expenses for the repair of sanitary sewer connections, at the request of the
property owners, in conjunction with the Baker/Bellows Phase II RSVP project, and
setting date of public hearing for April 18, 2007. (File No. 19014C2)
Adopted Yeas – 6 Nays – 0
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17. Resolution - 07-268 – Approving adverse action against all licenses held by Debra
Johnson, d/b/a Sports Break, 1199 Rice Street.
This resolution is to revoke the license of Sports Break. Councilmember Helgen
mentioned previous issues with this establishment as well as widening of the turn lanes at
Rice and Maryland.
Councilmember Helgen moved approval.
Adopted Yeas – 6 Nays – 0
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FOR DISCUSSION
22. Final Order – 07-219 – In the matter of improving the area referred to as the
Hubbard/Griggs RSVP (Residential Street Vitality Project). (File No. 19033) (Laid over
from March 7)
March 21, 2007 City Council Summary Minutes Page 5
Councilmember Harris moved approval
Adopted Yeas – 6 Nays – 0
Matt Smith, Director of Financial Services, introduced Russian delegates who were touring the
United States and observing how our government works.
ORDINANCE
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 – 07-195 – An ordinance memorializing City Council action granting 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.
(Zoning File No. 06-289-537)
Councilmember Thune moved approval
Adopted Yeas – 6 Nays – 0
(The meeting was recessed from 3:50 p.m. to 5:30 p.m.)
Present – 5; Absent – 2 – Benanav (excused), Montgomery (arrived later in meeting)
PUBLIC HEARINGS
24. Final Adoption – 06-1047 – An ordinance amending the Saint Paul Legislative Code by
creating a new section, Legislative Code § 69.511, entitled “Parkland Dedication
Requirements, Residential Developments.” (Substitute introduced and laid over March 7
for public hearing)
Al Torstenson, Department Planning and Economic Development, gave a staff report and
stated that delaying the effective date of the ordinance would affect HRA projects and
building permits for projects in the pipeline.
Discussion amongst council members occurred regarding delaying the effective date of
the ordinance or waiving the fee on a case-by-case basis for pending projects. An
example was given of the Penfield development, the largest project at $130 million,
which would have a fee that amounts to $83,000. There was also concern on specifics of
park usage.
It was stated that there would be a development agreement between the City and the
developer pertaining to how the park would be used.
March 21, 2007 City Council Summary Minutes Page 6
Bob Bierscheid, Director of Parks and Recreation, explained the ordinance changes and
stated that research shows property values stay at a higher value with neighboring parks.
The following spoke in opposition to the ordinance:
Chad Kulas, Chamber of Commerce, sees this as a negative for development in the City
at a time when growth is being encouraged. Even though the fee is lower than other
areas, St. Paul’s tax base is higher.
The following spoke in support of the ordinance:
Gregory Page, St. Paul Riverfront Corps; Chuck Repke, Northeast Development
Corporation; Peggy Lynch, Friends of the Mississippi Parks and Trails; and Kathleen
Werthman (SP?), 1593 Hillcrest Avenue.
• The ordinance will integrate development strategy with the “City in the Park” or “Park
in the City” model. It will distinguish Saint Paul from other cities.
• With projections of one million new people moving to the metro area in the next 10
years, this will mean more dense development with more open space and will add more
value to developments.
• Two-thirds of residents surveyed said they would pay more for a home that is within
walking distance to a park.
• The ordinance should be part of a broader, comprehensive plan in maintaining parks.
• This is a fairer fee than the earlier version proposed.
• The ordinance is used at the state level as well as other metropolitan municipalities and
is used all over the country as well.
• The ordinance is an investment for children by having more green space.
Council President Lantry and Councilmember Thune introduced and moved approval of
amendments
Yeas – 6 Nays - 0
Councilmember Thune moved to close the public hearing and lay over to March 28 for
final adoption Yeas – 6 Nays - 0
25. Third Reading – 07-147 – An ordinance amending Chapter 13 of the Saint Paul
Administrative Code to reflect the creation of the new Department of Safety and
Inspections. (Laid over from February 14)
Bob Kessler, Director, Department of Licensing and Environmental Protection, gave a
staff report on items #25 - #27 which pertain to the new Department of Safety and
Inspections Department. He sees the merger as an opportunity to provide better service
and they are going through a strategic planning process to address issues and unite the
divisions.
March 21, 2007 City Council Summary Minutes Page 7
Councilmember Helgen would like to see policies promoted that aren’t just set for
compliance but prevention and healthy communities.
No one appeared in opposition; Councilmember Thune moved to close the public
hearing. Yeas – 5 Nays – 0
Laid over to March 28 for final adoption
Councilmember Thune was not present for Items 26-34.
26. Third Reading – 07-148 – An ordinance amending the Saint Paul Administrative Code to
reflect the creation of the Department of Safety and Inspections and clarify duties no
longer performed by the City. (Laid over from February 14)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
Yeas – 5 Nays – 0
Laid over to March 28 for final adoption
27. Third Reading – 07-149 – An ordinance amending the Saint Paul Legislative Code to
reflect the creation of the new Department of Safety and Inspections. (Laid over from
February 14)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing Yeas – 5 Nays - 0
Laid over to March 28 for final adoption
28. Third Reading – 07-212 – An ordinance amending the Charter of the City of Saint Paul to
place the City Clerk under the authority of the City Council.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
Yeas – 5 Nays - 0
Laid over to March 28 for final adoption
29. Third Reading – 07-213 – An ordinance amending Chapter 33 of the Saint Paul
Legislative Code pertaining to Building Code and Inspection.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing Yeas – 5 Nays - 0
Laid over to March 28 for final adoption
March 21, 2007 City Council Summary Minutes Page 8
30. Third Reading – 07-214 – An ordinance amending Title VI of the Saint Paul Legislative
Code modifying the Fire Certificate of Occupancy Program.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing Yeas – 5 Nays - 0
Laid over to March 28 for final adoption
31. Resolution – 07-218 – Approving the petition of Gary Ribble to vacate a 6-foot section of
a 25-foot public walkway abutting 1371 McAfee Street between McAfee and the Bruce
Vento Regional Trail. (Laid over from March 7 for continuation of public hearing)
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval
Adopted Yeas – 5 Nays – 0
32. Resolution - 07-273 – Granting preliminary authorization for the Housing and
Redevelopment Authority to issue up to $5,700,000 in Tax Exempt Housing Revenue
Bonds for the acquisition and renovation of the Commerce Building into 55 units of
affordable rental housing.
No one appeared in opposition; Councilmember Helgen moved to close the public
hearing and approval
Adopted Yeas – 5 Nays – 0
33. Resolution – 07-274 – Approving a single family housing finance program to be financed
by the issuance of single family mortgage revenue bonds.
No one appeared in opposition; Councilmember Bostrom moved to close the public
hearing and approval
Adopted Yeas – 5 Nays – 0
34. Resolution Ratifying Assessment – 07-275 – In the matter of the assessment of benefits,
cost, and expenses for repair of sanitary sewer connections at 851 Marion Street and 958
Conway Street from July through December 2006. (File No. SWRP0603L) (Laid over
from March 7)
No one appeared in opposition; Councilmember Helgen moved to amend the resolution
by deleting the assessment for 851 Marion Street in its entirety and close the public
hearing.
Adopted as amended (delete the assessment for 851 Marion Street)
Yeas – 5 Nays – 0
March 21, 2007 City Council Summary Minutes Page 9
35. Resolution Ratifying Assessment – 07-276 – In the matter of the assessment of benefits,
cost and expenses for boarding up vacant buildings at 1861 and 1871 Randolph Avenue
during October 2006. (J0612B1) (Laid over from March 7) (Legislative Hearing Officer
recommends approval of the assessments)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
Yeas – 6 Nays – 0
Councilmember Harris moved to lay over one week.
Laid over to March 28 Yeas- 6 Nays - 0
36. Resolution Ratifying Assessment – 07-277 – In the matter of the assessment of benefits,
cost and expenses for boarding up vacant buildings in November 2006 (J0613B);
demolition of vacant buildings in January 2007 (J0701C); summary abatements (property
cleanup) from December 28, 2006 to January 12, 2007 (J0701A); providing weekly
garbage hauling services from December 28, 2006 to January 10, 2007 (J0701G); and
towing abandoned vehicles from private properties in November 2006 (J0608V).
(Legislative Hearing Officer recommends the following:
1020 Ashland Avenue (J0608V) - recommendation is forthcoming; delete the assessment;
1622 Barclay Street (J0608V) - approve the assessment;
635 Bates Avenue (J0613B) - approve the assessment;
587 Como Avenue (J0701A) - approve the assessment;
943 Conway Street (J0701A) - approve the assessment and spread the payments over two
(2) years;
1028 Edgerton Street (J0701A) - recommendation is forthcoming; approve the
assessment;
1126 Edgerton Street (J0613B) - approve the assessment;
587 Elfelt Street (J0701A) - approve the assessment;
2007 Ivy Avenue East (J0613B) - delete the assessment;
606 Jessamine Avenue East (J0701G) – recommendation is forthcoming; approve the
assessment and spread the payments over five (5) years;
1154 Lawson Street (J0701A) - recommendation is forthcoming; laid over to the March
27 Legislative Hearings and April 4 City Council Public Hearings;
1041 Park Street (J0613B) - approve the assessment;
1491 Seventh Street West (J0613B) - approve the assessment;
585 Thomas Avenue (J0701G) - recommendation is forthcoming; laid over to the March
27 Legislative Hearing and April 3 Public Hearing;
595 Thomas Avenue (J0701A) - reduce the assessment from a total of $228 to a total of
$114;
1774 Upper Afton Road (J0613B) - delete the assessment; and
90 Winnipeg Avenue (J0701C) - recommendation is forthcoming; approve the
assessment.)
March 21, 2007 City Council Summary Minutes Page 10
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and approval as amended
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas – 6 Nays – 0
37. Public hearing to consider the appeal of Cheryl Golden-Black to a decision of the
Heritage Preservation Commission allowing for a new roof system with a steeper pitch,
as proposed by owner, but requiring the dormers be set lower than the main ridge line at
805 East Fourth Street, Dayton’s Bluff Historic District. (File No. 07-095)
Amy Spong, Heritage Preservation Commission (HPC), stated the HPC wanted to see the
plan revised by dropping the dormers down to meet set criteria for this type of home.
Cheryl Golden-Black, the appellant, appeared. She sees the HPC’s position as not being
consistent with the historic facts and said other homes in Saint Paul do not meet the set
criteria. The suggested revisions would create a tremendous financial impact for her and
her husband as changing the dormers six inches would involve changing the inside of the
home.
Councilmember Thune moved to close the public hearing Yeas – 6 Nays - 0
Council President Lantry moved to grant the appeal
Motion of Intent – Appeal Granted Yeas – 5 Nays – 1 (Thune)
Suspension Items:
Councilmember Montgomery moved suspension of the rules to introduce the following
resolution:
Yeas – 6 Nays – 0
Resolution – 07-278 – Proclaiming March 21, 2007 as “Coach of the Year – Willie James
Taylor Day”
Adopted Yeas – 6 Nays - 0
Councilmember Helgen moved suspension of the rules to introduce the following resolution:
Yeas – 6 Nays – 0
Resolution - 07-279 - Supporting Minnesota lawmakers to enact a state law implementing
broadband access across Minnesota by 2015.
Councilmember Helgen moved approval.
Adopted Yeas – 6 Nays – 0
Councilmember Thune moved to adjourn the meeting. Yeas – 7 Nays – 0
March 21, 2007 City Council Summary Minutes Page 11
ADJOURNED at 06:55 P.M.
ATTEST:
_____________________________ _____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: ______________ ____________
Carol Broermann Minutes approved by Council