Minutes 7-23-2008
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 23, 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 3:32 p.m. by Council President Lantry.
Present – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Thune
Absent – 0
CONSENT AGENDA (Items 1 - 34)
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
The following communication was read into the record:
Letter from the Department of Safety and Inspections announcing a public
hearing before the City Council on August 6, 2008 to consider the appeal of
Hokan Miller to a decision of the Board of Zoning Appeals to approve variances and a
decision by the Planning Commission to approve a site plan for site improvements at the
Southport Barge Channel so that Upper River Services can move its barge servicing
business to the site at 637 Barge Channel Road. (File Nos. 08-118751 and 08-048739)
Councilmember Bostrom moved approval of the Consent Agenda.
Adopted Yeas – 7 Nays – 0
1. Claims of Anthony R. Arrequin, Thomas F. Crider, Ray B Graham, Craig D. Jaeger, Scott
E. Kueppers, Karen Nurnberger, Daniel J. Pierce, Michael J. Powers, and Michael
Wittmer.
Referred to Risk Management
2. Summons and Complaint in the matter of Rick Cardenas vs. the City of Saint Paul, et al.
Referred to the City Attorney’s Office
July 23, 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 August 6, 2008 to consider adverse action against all licenses held by G-8,
Inc., d/b/a Starting Gate Pub, 2516 – 7th Street West.
4. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on August 6, 2008 to consider the report of the Administrative Law Judge
concerning all licenses held by Moises Cortes, d/b/a Casa Vieja, 2176 – 7th Street West.
5. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on August 6, 2008 to consider the application of James
Carlson to rezone property at 2000 Benson Avenue, between Homer Street and Glen
Terrace, from I1 Industrial to TN2 Traditional Neighborhood. [ZF 08-072-938]
6. Letter from the Department of Safety and Inspections announcing a public hearing before
the City Council on August 6, 2008 to consider the appeal of Steven R. Lehr to a decision
of the Board of Zoning Appeals denying a variance to construct an arbor in a required
side-yard setback at 67 Otis Avenue. [ZF 08-113446]
7. Letters from the Department of Safety and Inspections/Code Enforcement declaring 805
Agate Street, 1194 Beach Street, 663 Burr Street, 1219 Cypress Street, 1051 Geranium
Avenue East, 839 Jessamine Avenue East, 335 Lawson Avenue West, and 993 Maryland
Avenue as nuisance properties. (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
FOR ACTION
8. Resolution – 08-778 – Authorizing the Department of Fire and Safety Services to enter
into a joint powers agreement to extend the use of the City’s Computer Aided Dispatch
(CAD) system wireless capability to the Lake Johanna Fire Department.
Adopted Yeas – 7 Nays – 0
9. Resolution – 08-779 – Approving compensation for temporary easements needed for
reconstruction of the Rice Street Bridge over the BNSF railroad tracks at Cottage Avenue.
Adopted Yeas – 7 Nays – 0
10. Resolution – 08-780 – Authorizing Zooper, LLC, d/b/a Lancer Catering, to use the
Division of Parks and Recreation’s liquor license for the Como Campus where they hold
a food and beverage contract.
Adopted Yeas – 7 Nays – 0
July 23, 2008 City Council Summary Minutes Page 3
11. Resolution – 08-781 – Approving the application with conditions, per the Legislative
Hearing Officer, for a Tattoo Parlor license by Yohan Almaguer, d/b/a Mr. Tattoo’s
Studio, 779 Seventh Street East.
Adopted Yeas – 7 Nays – 0
12. Resolution – 08-782 – Approving the May 6, 2008 decision of the Legislative Hearing
Officer on Appeal of Letters of Deficiency for properties at 1048 Jessie Street #2, 1076
Virginia Street, and 663 Dale Street.
Adopted Yeas – 7 Nays – 0
13. Resolution – 08-783 – Memorializing City Council action taken July 16, 2008 denying an
exception to the general hours of operation of the skyway for The Golden Rule Building
at 85 East 7th Place.
Adopted Yeas – 7 Nays – 0
14. Resolution – 08-784 – Memorializing City Council action taken July 16, 2008 granting an
exception to the general hours of operation of the skyway for Macys, 411 Cedar Street.
Adopted Yeas – 7 Nays – 0
15. Resolution – 08-785 – Memorializing City Council action taken July 16, 2008 granting an
exception to the general hours of operation of the skyway for Metro Square, 121 East 7th
Place.
Adopted Yeas – 7 Nays – 0
16. Resolution – 08-786 – Memorializing City Council action taken July 16, 2008 granting an
exception to the general hours of operation of the skyway for the Minnesota Children’s
Museum, 10 West 7th Street.
Adopted Yeas – 7 Nays – 0
17. Resolution – 08-787 – Memorializing City Council action taken July 16, 2008 granting an
exception to the general hours of operation of the skyway for McCullough Companies.
Adopted Yeas – 7 Nays – 0
18. Resolution – 08-788 – Memorializing City Council action taken July 16, 2008 granting an
exception to the general hours of operation of the skyway for St. Joseph’s Hospital, 60
West Exchange Street.
Adopted Yeas – 7 Nays – 0
19. Resolution – 08-789 – Memorializing City Council action taken July 16, 2008 granting an
exception to the general hours of operation of the skyway for the St. Paul City
Hall/Ramsey County Courthouse, 15 West Kellogg Boulevard.
Adopted Yeas – 7 Nays – 0
July 23, 2008 City Council Summary Minutes Page 4
20. Resolution – 08-790 – Memorializing City Council action taken July 16, 2008 granting an
exception to the general hours of operation of the skyway for Sibley Square, 190 East 5th
Street.
Adopted Yeas – 7 Nays – 0
21. Resolution – 08-791 – Memorializing City Council action taken July 16, 2008 granting an
exception to the general hours of operation of the skyway for the Warren E. Burger
United States Courthouse, 316 North Robert Street.
Adopted Yeas – 7 Nays – 0
22. Resolution – 08-792 – Amending Council File 08-569 to delete the assessment for
property clean-up at 360 Fuller Avenue.
Adopted Yeas – 7 Nays – 0
23. Resolution – 08-793 – Amending Council File 08-569 to delete the assessment for graffiti
removal at 1106 Marion Street.
Adopted Yeas – 7 Nays – 0
24. Resolution – 08-794 – Amending Council File 08-569 to delete the assessment for
property clean-up and garbage hauling at 707 Rose Avenue.
Adopted Yeas – 7 Nays – 0
25. Resolution – 08-795 – Amending Council File 07-902 to reimburse the assessment for
graffiti removal at 879 Sims Avenue.
Adopted Yeas – 7 Nays – 0
26. Resolution – 08-796 – Memorializing City Council action taken July 2, 2008 denying the
appeal and enforcement of first floor boarding stayed pending district Court direction on
matter for property at 1033 Colne Street, per the recommendation of the Legislative
Hearing Officer.
Adopted Yeas – 7 Nays – 0
27. Resolution – 08-797 – Memorializing City Council action taken July 2, 2008 denying the
appeal (conditions have been corrected and condemnation has been lifted) for property at
930 Desoto Street, per the recommendation of the Legislative Hearing Officer.
Adopted Yeas – 7 Nays – 0
28. Resolution – 08-798 – Memorializing City Council action taken July 2, 2008 denying the
appeal for property at 823 Hardenburgh Place #2, per the recommendation of the
Legislative Hearing Officer.
Adopted Yeas – 7 Nays – 0
July 23, 2008 City Council Summary Minutes Page 5
29. Resolution – 08-799 – Memorializing City Council action taken July 2, 2008 denying the
appeal for property at 346 Hope Street, per the recommendation of the Legislative
Hearing Officer.
Adopted Yeas – 7 Nays – 0
30. Resolution – 08-800 – Memorializing City Council action taken July 2, 2008 denying the
appeal and extension granted on July 11, 2008 to come into compliance on the vehicle for
property at 691 Lafond Avenue, per the recommendation of the Legislative Hearing
Officer.
Adopted Yeas – 7 Nays – 0
31. Resolution – 08-801 – Memorializing City Council action taken July 2, 2008 denying the
appeal with a vacate date of June 30, 2008 for property at 114 Litchfield Street, per the
recommendation of the Legislative Hearing Officer.
Adopted Yeas – 7 Nays – 0
32. Resolution – 08-802 – Memorializing City Council action taken July 2, 2008 granting the
appeal and Fire Certificate of Occupancy reinstated with deficiencies granted for property
at 1301 Minnehaha Avenue East, per the recommendation of the Legislative Hearing
Officer.
Adopted Yeas – 7 Nays – 0
33. Resolution – 08-803 – Memorializing City Council action taken July 2, 2008 denying the
appeal and waiving the vacant building fees for six (6) months for property at 1164 7th
Street East, per the recommendation of the Legislative Hearing Officer.
Adopted Yeas – 7 Nays – 0
34. Resolution Approving Assessment – 08-804 – In the matter of the assessment of benefits,
cost, and expenses for summary abatement (graffiti removal) on private properties from
May 27 to June 17, 2008 [J0808P]; emergency boarding and securing, and boarding of
vacant buildings during May 2008 [J0804B]; summary abatement (property cleanup) on
private property from June 5 to June 27, 2008 [J0821A]; providing weekly garbage
hauling services from June 18 to June 25, 2008 [J0821G], and setting date of public
hearing for September 10, 2008.
Adopted Yeas – 7 Nays – 0
FOR DISCUSSION
35. Presentation of an Award of Excellence in 2008 by the Minnesota Recreation and Park
Association to the Division of Parks and Recreation for the “Old Wagon Road Trail at the
Meeker Island Historic Dam Site.”
July 23, 2008 City Council Summary Minutes Page 6
Randy Distad, President, Minnesota Recreation and Park Association gave a brief history
and current composition of the Minnesota Recreation and Park Association. Awards were
presented to City staff for the Bruce Vento Regional Trail Extension, the Old Wagon
Road Trail at the Old Meeker Island Historic Lock and Dam, the Mobile Rec Program
and the No School Day Program.
Bob Bierschied, Director of Parks and Rec, introduced City staff who accepted the wards.
Brian Tourtelotte, Parks and Recreaction, and Jack Meloni of Desnoyer Park accepted the
award for the Old Wagon Trail at Meeker Island.
Don Gange, Parks and Recreation, accepted the award for the Bruce Vento Regional Trail
Extension.
Kathy Korum, Parks and Recreation, accepted the awards for the Mobile Rec and No
School Day Programs.
36. Resolution – 08-805 – Proclaiming the St. Paul Area Girls Basketball Team and coaches
to be good will ambassadors in the City of Saint Paul.
Councilmember Carter presented the resolution to the team and thanked them for their
hard work. Each player introduced herself and stated her age.
Adopted Yeas – 7 Nays – 0
37. Resolution – 08-543 – Ordering the owner to remove or repair the building(s) at 780
Jackson Street within fifteen (15) days from adoption of resolution. [Laid over from June
11] (Legislative Hearing Officer’s recommendation is forthcoming)
38.
Marcia Moermond, Legislative Hearing Officer, recommended laying the matter over for
six to eight weeks to allow additional planning time with the mortgage holder, MERS, for
the building.
Councilmember Helgen stated that it appeared there was no real interest in the property
from the historic community. He felt that it was a worthy structure to take an additional
look at and develop a plan for the building, other than the current use as a four unit rental
property. He would continue to ask for restoration or refurbishment and requested that
foreclosure attorneys also look into negotiating with the mortgage holder.
Councilmember Bostrom stated that he needed to correct the record from the June 11
Council in which he had inadvertently referred to the Beaver Bar as the Badger.
Councilmember Helgen moved to lay the matter over for six weeks.
Laid over to September 3 Yeas – 7 Nays – 0
July 23, 2008 City Council Summary Minutes Page 7
38. 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. [Laid over from June
25]
Councilmember Thune moved to lay over for two weeks.
Laid over to August 6 Yeas – 7 Nays – 0
39. Resolution – 08-725 – Accepting the donation of six benches for installation at Cherokee
Park and 41 replacement benches for installation at River Gorge Regional Park (along
Mississippi River Boulevard) from Saint Paul – Ramsey County Public Health through
their “Pathways to Health” program. [Laid over from July 9]
Councilmember Harris moved to lay over for two weeks as he would like to explore a
few other things. He noted that there were no negative connotations with the lay over.
Laid over to August 6 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 THIRD READING.
40. Final Adoption – 08-631 – An ordinance amending Chapter 376 of the Saint Paul
Legislative Code to change taxicab fares. [Adopted July 9; recalled on July 16, amended
and laid over for final adoption]
Councilmember Bostrom moved approval.
Adopted Yeas – 7 Nays – 0
41. Final Adoption – 08-695 – An ordinance amending Chapter 55 of the Saint Paul
Legislative Code entitled “Uniform Fire Code” by adding a new section 55.08 charging
fees for excessive fire alarm malfunctions.
Councilmember Bostrom moved approval.
Adopted Yeas – 7 Nays – 0
Recalled Item:
Appeal of Marion Pearson to a Condemnation and Order to Vacate for property at 1147 Central
Avenue West. [Laid over from July 2] (Legislative Hearing Officer’s recommendation is
forthcoming)
Councilmember Carter moved to recall the item. Yeas – 7 Nays – 0
July 23, 2008 City Council Summary Minutes Page 8
Marcia Moermond, Legislative Hearing Officer, stated that the matter had appeared
before Council at two separate public hearings. The home is in foreclosure, with the
redemption period to end on July 31st. As such, she would recommend that the vacate
date coincide with the end of the redemption period.
Councilmember Helgen suggested that Council re-examine the non-collection of
franchise fees in the winter as a possible solution to keeping families in their homes. He
suggested that the fee could be put into a kitty upon which funds could be drawn to pay
utility bills and stop condemnation.
Moermond stated that the non collection of franchise fees during winter months was
actually a function of State law, not under Council’s jurisdiction She also stated she had
been working on a memo that would provide information as to the scope of the problem,
and would present it to Council in the near future.
Councilmember Carter moved to extend the vacate date to July 31.
Appeal denied on July 16 with a vacate date of July 21
Vacate date extended to July 31 Yeas – 7 Nays – 0
Suspension Items:
Councilmember Harris moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 08-806 – Recognizing John Marshall, Legislative Aide to Ward 3
Councilmember Pat Harris, as he leaves City employment and declaring July 23, 2008 to
be John Marshall Day in the City of Saint Paul.
Councilmember Harris recognized Mr. Marshall for the excellent work he had done for
the Ward 3 office, the City Council, and the community in general.
Councilmember Harris moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Thune moved suspension of the rules to introduce the following resolution:
Yeas – 7 Nays – 0
Resolution – 08-807 – Waiving the 45-day notice requirement and granting a liquor
outdoor service area (patio) license to West Seventh Street Partners, LLC, d/b/a Tom
Reid’s Hockey City Pub, 258 7th Street West.
July 23, 2008 City Council Summary Minutes Page 9
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 – 08-808 – Establishing a financing and spending plan for the new Westside
Police Substation at the Paul and Sheila Wellstone Center.
Councilmember Thune recognized and thanked John Nasseff for his contribution of
$74,000 through the Police Foundation to help fund the project.
Council President Lantry noted that one hundred percent of the financing was through
donation.
Councilmember Harris commended Mr. Nasseff for once again coming forward and
doing something positive for the community.
Councilmember Thune moved approval.
Adopted Yeas – 7 Nays – 0
Councilmember Harris questioned the use of “disposable dishes” on the patio at Tom
Reid’s. Councilmember Thune stated that there were options to use biodegradable
dishware.
Councilmember Thune moved to adjourn the meeting.
Yeas – 6 Nays – 0 (Bostrom absent)
ADJOURNED at 4:11 p.m.
ATTEST:
______________________ ____________________________
Mary Erickson Kathy Lantry, Council President
Assistant Council Secretary
Submitted by: _November 5, 2008 ____________
Joan Reidell Minutes approved by Council