Minutes 5-02-2007
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, May 2, 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 at 3:35 p.m. by Council President Lantry
Present – 7 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent – 0
Councilmember Helgen read Item 4 into the record and removed Item 14 from the Consent
Agenda for separate consideration.
Councilmember Bostrom moved approval of the consent agenda as amended.
Adopted as amended Yeas – 7 Nays – 0
CONSENT AGENDA (Items 1 - 24)
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 Regina Krohn, Dave Kemp, Hans Molenaar, and Lafonda Shamsid-Deen.
Referred to Risk Management
2. Summons and Complaint in the matter of Shelly A. Brown and Kim Marks vs. the City of
Saint Paul (regarding 949 Jenks Avenue East).
Referred to the City Attorney’s Office
3. Summons and Complaint in the matter of Christine Peachey, as Trustee for the Heirs of
Jack Martinson, vs. the City of Saint Paul, et al.
Referred to the City Attorney’s Office
May 2, 2007 City Council Summary Minutes Page 2
4. Letter from the Office of the City Attorney announcing a hearing before an
Administrative Law Judge on May 7, 2007 at 9:30 a.m., Room 41 City Hall, concerning
all licenses held by DRJ, Inc., dba Diva’s Overtime Lounge, 1141 Rice Street.
5. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on May 16, 2007 to consider the application of Firstborne
Properties to rezone property from R4 (One-Family Residential) to B2 (Community
Business) at 1337 Pascal Street North (southwest corner at Bison Avenue). Zoning File
No. 07-027-041
6. Letter from the Department of Public Works, Technical Services, announcing a public
hearing before the City Council on May 16, 2007 to consider the petition of the City of
Saint Paul to vacate two vacant parcels abutting property owned by Agriliance, LLC, 50
Chester Street, and to exchange those parcels with a parcel owned by Agriliance in the
immediate vicinity.
7. Letter from the Department of Public Works, Technical Services, announcing a public
hearing before the City Council on May 16, 2007 to consider the petition of Mark Arth to
vacate the north/south alley right-of-way in part of Block 2, Snelling Park (Addition), and
to dedicate a new cul-de-sac for alley turnaround.
8. Letter from the Department of Public Works, Technical Services, announcing a public
hearing before the City Council on May 16, 2007 to consider the petition of the City of
Saint Paul to vacate two lots along White Bear Avenue for sale to the Housing and
Redevelopment Authority of the City of Saint Paul and their subsequent resale to existing
businesses for parking purposes.
9. Letters from the Department of Safety and Inspections declaring 123 Atwater Street, 430
Banfil Street, 432 Banfil Street, 16 Douglas Street, and 826 Stellar Street as nuisance
properties and setting date of Legislative Hearings for May 1, 2007 and City Council
public hearings for May 16, 2007.
10. Letters from the Department of Safety and Inspections declaring 20 Acker Street West,
392 Edmund Avenue, and 1073 Earl Street as nuisance properties. (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
FOR ACTION
11. Resolution – 07-378 – Approving the Memorandum of Agreement between the City and
Pipefitters Local Union No. 455 for the 2007 Wage and Fringe Adjustment. (To be laid
over one week for adoption)
Laid over to May 9 for adoption
May 2, 2007 City Council Summary Minutes Page 3
12. Resolution – 07-379 – Approving the May 1, 2007 through April 30, 2007 Maintenance
Labor Agreement between the City and the International Union of Painters and Allied
Trades District Council 82. (To be laid over one week for adoption) (GS 3039047)
Laid over to May 9 for adoption
13. Resolution – 07-380 – Accepting the Comprehensive Management Study of the Saint
Paul Department of Fire and Safety Services, and providing direction to Mayor Coleman.
Adopted Yeas – 7 Nays – 0
14. Resolution – 07-381 – Approving funding for Round One of Cycle 13 (2007) of the
Cultural STAR program.
(Discussed after the consent agenda)
15. Resolution – 07-382 – Approving funding for the GIS Manager position.
Adopted Yeas – 7 Nays – 0
16. Resolution – 07-383– Authorizing the Police Department to enter into a Joint Powers
Agreement with Ramsey County to participate as a Subsystem Subscriber with the
Countywide Public Safety Radio Communications System.
Adopted Yeas – 7 Nays – 0
17. Resolution – 07-384 – Authorizing the Police Department to enter into an agreement with
the United States Department of Justice to participate in the Organized Crime Drug
Enforcement Task Force from October 1, 2006 through September 30, 2007
Adopted Yeas – 7 Nays – 0
18. Resolution – 07-385 – Approving the application, per the Legislative Hearing Officer, for
Liquor On Sale Over-200 seats, Liquor On Sale-Sunday, Liquor On Sale-2:00 a.m.
Closing, Liquor-Outdoor Service Area (Patio), Entertainment (A), and Restaurant (B)-
more than 12 seats licenses for Garpar Perez, President, d/b/a El Patio Mex Grill, 242
Seventh Street West.
Adopted Yeas – 7 Nays – 0
19. Resolution – 07-386 – Approving an agreement between the City of Saint Paul and AMB
Institutional alliance Fund III, L.P., a Delaware Limited Partnership, to use part of their
property for vehicle parking during Saint Paul Saints home games and stadium events in
2007.
Adopted Yeas – 7 Nays – 0
May 2, 2007 City Council Summary Minutes Page 4
20. Resolution – 07-387 – Approving the Tax Base Revitalization Grant applications
submitted to the Department of Employment and Economic Development and the
Metropolitan Council for the Hospital Linen, Rice and Winnipeg, Carleton Place Lofts,
United Family Practice, 430 South Robert, and Osceola Townhomes sites.
Adopted Yeas – 7 Nays – 0
21. Resolution – 07-388 –Approving the final plat for Dale Street Townhomes to create 16
townhouse lots and 2 common area lots. (ZF #07-047-937)
Adopted Yeas – 7 Nays – 0
22. Resolution – 07-389 – Memorializing City Council action taken February 21, 2007 and
approving a Subdivision (Combined Plat) for St. Paul Union Depot to create 25 parcels
(lots). (ZF #06-284-250)
Adopted Yeas – 7 Nays – 0
23. Resolution – 07-390 – Releasing easements in a portion of vacated Berry Avenue and a
portion of vacated Pearl Street in order for Jefferson Commons to development
residential property.
Adopted Yeas – 7 Nays – 0
24. Preliminary Order – 07-391– In the matter of constructing an above-standard twin lantern
street lighting system on the west side of White Bear Avenue between 200 feet south of
Rose Avenue and 200 feet north of Hawthorne Avenue, and setting date of public hearing
for June 6, 2007. (File No. 19042
Adopted Yeas – 7 Nays – 0
14. Resolution – 07-381 – Approving funding for Round One of Cycle 13 (2007) of the
Cultural STAR program. (Removed for separate discussion)
Councilmember Helgen introduced an amendment encouraging the Cultural Star Board to
work with community partners to develop suitable proposals.
Councilmember Helgen moved approval as amended Yeas – 7 Nays – 0
May 2, 2007 City Council Summary Minutes Page 5
FOR DISCUSSION
25. Report from the Department of Safety and Inspections regarding dog incidences in
the City of Saint Paul. (Report requested by Council on April 25)
Bill Stephenson, Department of Safety and Inspections, Animal Control Division,
provided a report to the Council broken down by wards on the number of dog bites. He
stressed that dog bites are being reduced annually.
Councilmembers Thune and Benanav were encouraged by the declining numbers of dog
bites and commended staff for their hard work.
Councilmember Bostrom asked if the license identifies the dog breed and if it isn’t on the
license, he would like a way to track that information. Bill Stephenson clarified that it
was on the dog identifier and not on the license. Bob Kessler said they will look at a
systematic way to track this for the future.
Councilmember Thune noted the proclamation that Mayor Coleman released regarding the Saint
Paul Hotel and added his congratulations to the hotel staff for their exemplary work.
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.
26. First Reading – 07-392 - An Administrative Ordinance establishing the minimum
qualifications for the position of Fire Chief.
Laid over to May 9 for second reading
The meeting was recessed from 3:55 p.m. to 5:30 p.m.
Present – 7 Absent – 0
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
27. Third Reading – 07-336 – An ordinance amending Chapter 33.07 of the Saint Paul
Legislative Code to clarify language requirements regarding fencing at a corner lot
location.
Wendy Lane, Zoning Administrator, Department of Safety and Inspections, clarified the
ordinance changes and said changes were made because of citizens asking for clarity on
May 2, 2007 City Council Summary Minutes Page 6
fencing requirements.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
and lay over to May 9 for final adoption
Laid over to May 9 Yeas – 7 Nays - 0
28. Third Reading – 07-348 – An ordinance amending Chapter 61 of the Saint Paul
Legislative Code by adding a new section providing for the automatic termination of
conditional use permits under certain conditions.
Allen Torstenson, Department of Economic Development, presented a staff report to the
Council.
No one appeared in opposition; Councilmember Thune moved to close the public hearing
Yeas – 7 Nays - 0
Laid over to May 9 for final adoption
29. Resolution – 07-364 – Approving the application of the University of St. Thomas,
represented by Charlie Potts and Amy Graff, for a sound level variance in order to present
live music, with limitations, for an outdoor concert at 2115 Summit Avenue (Foley Plaza)
on May 12, 2007 from 7:00 p.m. to 9:00 p.m. (Laid over from April 25 for public
hearing)
No one appeared in opposition; Councilmember Benanav moved to close the public
hearing and approval.
Adopted Yeas – 7 Nays – 0
30. Resolution – 07-393 – Approving adverse action against licenses held by Kopilenko
International Wines & Liquors, dba International Wine and Liquors, 710 Cleveland
Avenue South.
Rachel Gunderson, Assistant City Attorney representing the Department of Safety and
Inspections, presented a report. This was a liquor compliance check in which undercover
minors were sold liquor without requesting their identifications. The penalty matrix is
$1000 but she said they would not disagree if the Council wanted to lower the penalty
amount.
Councilmember Thune and Council President Lantry raised concerns that it was only
three (3) months ago since the last violation occurred with this establishment serving
minors.
Councilmember Harris said he spoke to Mr. Kopilenko about this issue.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
Yeas – 7 Nays - 0
May 2, 2007 City Council Summary Minutes Page 7
Councilmember Harrmis moved approval as amended (imposed $1000 fine; $500 to be
paid now, $500 stayed for 12 months on the condition that there are no same or similar
violations).
Yeas – 4 Nays – 3 (Helgen, Lantry, Thune)
31. Public hearing to consider the report of the Administrative Law Judge concerning all
licenses held by Reese-Brooks Hospitality Industries, LLC, d/b/a Minnehaha Lanes, 955
Seminary Avenue.
Rachel Gunderson, Assistant City Attorney representing the Department Safety and
Inspections, gave a staff report. They are in agreement with the Administrative Law
Judge Report with the exception of Conclusion #8 because it recommends a downward
deviation. The department feels the penalty matrix of $500 should be upheld.
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing. Yeas – 7 Nays – 0
Councilmember Montgomery moved approval as amended (adopt the Findings of Fact,
and Conclusions of Law, and Recommendations of the Administrative Law Judge
imposing a $500 fine; $250 to be paid now, $250 stayed for 18 months on the condition
that there are no violations of Chapter 238).
Yeas – 4 Nays – 3 (Benanav, Helgen, Lantry, )
Councilmember Harris introduced the leader and members of Boys Scouts Troop #245.
32. Resolution Ratifying Assessment – 07-394 – In the matter of the assessment of benefits,
cost and expenses for the installation of a sanitary sewer and connection at 1464 Point
Douglas Road South. (File No. 18932A1) (To be withdrawn)
Withdrawn
33. Resolution Ratifying Assessment – 07-395 – 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 Arlington/Pascal RSVP project for 2005 and
2006. [File No. 19005C]
Andy Palmer, 1431 Frankson Avenue spoke in opposition to this issue because the work
was completed two years prior to him moving into the residence and it was not flagged as
a pending assessment by the City. He requested the assessment be waived for them
because of the length of time it took the City to record it as a pending assessment.
Mary Sommerfield, Edina Realty, representing the current owners, appeared. The title
company says they aren’t liable for the assessment because of the length of time (2 years)
May 2, 2007 City Council Summary Minutes Page 8
it took to record the pending assessment. She raised concerns that pending assessments
are not being recorded in a timely manner which she finds unacceptable.
Mike Becker, 1647 Huron Street, spoke in opposition. He disputed the number of feet he
is being assessed and raised concerns that sewers were not replaced before the streets
were replaced.
Councilmember Helgen moved to close the public hearing Yeas – 7 Nays – 0
Councilmember Benanav was concerned that the pending assessment wasn’t filed in a
timely manner and wanted to know when the assessment was filed.
Larry Lueth, Department of Public Works, said that two years to post a pending
assessment was not the norm and he has rectified this for the future. He would like to
remedy this situation by pursuing payment from the previous owner. If this is
unsuccessful, he recommended waiving the assessment for the current owner. With
regard to the 1647 Huron address, he has deducted 8 feet on the Huron address so it is 16
feet assessment.
Jerry Hendrickson, Assistant City Attorney, suggested passing the resolution with the
exception of the Frankson address and to bring forward a new resolution in the future for
that address.
Councilmember Benanav moved approval as amended (1431 Frankson Avenue will be
considered at a later date) Yeas – 7 Nays – 0
34. Resolution Ratifying Assessment – 07-396 – 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]; and removing diseased elm trees from private
property during the winter season of 2006/2007 [0701T]. (Legislative Hearing Officer
recommends the following:
1195 Arona Street (J0703A) - reduce the assessment from a total of $231.84 to a total of
$131.84;
936 Aurora Avenue (J0703A) - approve the assessment;
1244 Beech Street (J0703A) - approve the assessment and spread the payments over five
(5) years;
1758 Blair Avenue (J0703A) - approve the assessment;
924 Cook Avenue East (J0703A) - delete the assessment;
May 2, 2007 City Council Summary Minutes Page 9
510 Edmund Avenue (J0703A) - reduce the assessment from a total of $228 to a total of
$114;
1633 Edmund Avenue (J0703A) - approve the assessment;
694 Fourth Street East (J0703G) - delete the assessment;
1579 Iowa Avenue East (J0703A) - delete the assessment;
606 Jessamine Avenue East (J0703A) - approve the assessment and spread the payments
over five years;
606 Jessamine Avenue East (J0703G) - approve the assessment and spread the payments
over five years;
1016 Magnolia Avenue East (J0701T) - recommendation is forthcoming; continued to
May 16 City Council Public Hearings;
218 Morton Street East (J0703A) - recommendation is forthcoming; approve the
assessment;
1120 Reaney Avenue (J0703A) - approve the assessment; delete the assessment;
1028 Ross Avenue (J0703A) - approve the assessment;
1670 Seventh Street East (J0703A) - approve the assessment;
487 Sherburne Avenue (J0703G) - approve the assessment;
941 Third Street East (J0703A) - approve the assessment; and
585 Thomas Avenue (J0703G) - approve the assessment and spread the payments over
five (5) years.)
Jay Shen spoke in opposition on behalf of the owner of 1195 Arona Street.
Councilmember Thune moved to close the public hearing Yeas – 7 Nays - 0
Vicki Sheffer, Assistant to Marcia Moermond, Legislative Hearing Officer, said the
owner was referred to Meredith Vogland to clean up the graffiti.
Councilmember Benanav moved approval as amended (per the recommendation of the
Legislative Hearing Officer) Yeas – 7 Nays – 0
35. Resolution Approving Assessment – 07-397 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement for the excessive consumption of inspection
services for property code violations billed during September 5 to November 27, 2006.
[J0608E] (Legislative Hearing Officer recommends the following:
1485 Albemarle Street (J0608E) - approve the assessment;
936 Aurora Avenue (J0608E) - approve the assessment;
1168 Bush Avenue (J0608A) - approve the assessment;
123 Farrington Street (J0608E) - recommendation is forthcoming; laid over to the May 15
Legislative Hearings and May 16 City Council Public Hearings;
308 Front Avenue (J0608E) - delete the assessment;
May 2, 2007 City Council Summary Minutes Page 10
449 Hatch Avenue (J0608E) - recommendation is forthcoming; public hearing continued
to June 6
956 Iowa Avenue West (J0608E) - approve the assessment and spread the payments over
two (2) years; delete the assessment (by Council)
1154 Lane Place (J0608E) - approve the assessment;
1005 Matilda Street (J0608E) - delete the assessment;
1865 Morgan Avenue (J0608E) - approve the assessment and spread the payments over
two (2) years;
1120 Reaney Avenue (J0608E) - delete the assessment;
1083 Sherburne Avenue (J0608E) - delete the assessment;
921 Stinson Street (J0608E) - approve the assessment;
426 Wabasha Street South (J0608E) - recommendation is forthcoming; delete the
assessment;
910 Wilson Avenue (J0608E) - delete the assessment; and
1119 Woodbridge Street (J0608E) - approve the assessment.)
763 Minnehaha Avenue East (J0608E) - laid over to the May 22 Legislative Hearings and
June 6 City Council Public Hearings.
Councilmember Helgen moved to adopt as amended (per the recommendation of the
Legislative Hearing Officer) Yeas – 7 Nays – 0
36. Appeal of Efigenia Sanchez-Morgado to a Summary Abatement Order for property at 997
Jessie Street. (Withdrawn)
37. Appeal of Mario Lee to a Summary Abatement Order for property at 419 Thomas
Avenue. (Withdrawn)
38. Appeal of Mary Jo Durand and John Katter to a Summary Abatement Order and
Condemnation Order for property at 1904 Princeton Avenue. (Legislative Hearing
Officer's recommendation is forthcoming; the Legislative Hearing Officer recommends
denying the appeal on the condemnation order and ordering the property vacated on May
7, 2007 unless the following condition is met: the entire first floor is cleaned out and
sanitized. Further, the Legislative Hearing shall be continued until such time as the
nuisance condition is abated.)
John Katter, 1904 Princeton Avenue spoke in opposition.
Councilmember Harris moved to close the public hearing Yeas – 7 Nays – 0
Councilmember Harris moved to deny the appeal (per the recommendation of the
Legislative Hearing Officer) Yeas - 7 Nays – 0
May 2, 2007 City Council Summary Minutes Page 11
39. Appeal of Bashir Moghul, on behalf of Mahmood Hassan, to a Certificate of Occupancy,
which includes Condemnation, for property at 500 Sherburne Avenue. (Legislative
Hearing Officer recommends denying the appeal.)
No one appeared in opposition; Councilmember Montgomery moved to close the public
hearing and deny the appeal
Motion of Intent – Appeal Denied Yeas - 7 Nays – 0
Suspension Items
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-398 –Waiving the 15-day notice requirement, Legislative Code 409.11
and granting the application for on sale liquor over 100 seats, on sale liquor Sunday,
extended food service hours, and on sale liquor 2:00 a.m. closing for Progic Inc. d/b/a
Inuendo, 213 4th Street East.
Councilmember Thune moved approval
Adopted Yeas – 7 Nays – 0
Council President Lantry moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-399 – Approving a Joint Powers Agreement with Ramsey County for
Wireless CAD System Access.
Council President Lantry moved approval
Adopted Yeas – 7 Nays – 0
Councilmember Harris moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 07-400 - Proclaiming May 6, 2007 as “Sargeant John Kriesel Day” in the
City of Saint Paul.
Councilmember Harris moved approval
Adopted Yeas – 7 Nays – 0
May 2, 2007 City Council Summary Minutes Page 12
Councilmember Thune moved to adjourn the meeting. Yeas – 7 Nays – 0
ADJOURNED at 6:30 P.M.
ATTEST:
_____________________________ _____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: May 23, 2007__________________
Carol Broermann Minutes approved by Council