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Minutes 6-27-2007 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 27, 2007 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Mary Erickson - 651-266-8565 Pattie Kelley – 651-266-8630 Office of the City Council 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 3:34 p.m. Present – 5 – Bostrom, Harris, Lantry, Montgomery, and Thune Absent – 2 – Benanav and Helgen (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 Thune requested Item 11 be pulled from the Consent Agenda for separate consideration, and Council President Lantry requested Item 17 be pulled from the Consent Agenda for separate consideration. Councilmember Thune moved approval of the Consent Agenda as amended. Adopted Yeas – 5 Nays – 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Tony E. Arvidson, Sharon L Ferrara, and David Harwood. Referred to Risk Management 2. Letters from the Department of Safety and Inspections/Code Enforcement declaring 851 Conway Street, 343 Maple Street, 80 Sycamore Street East, and 614 Wells Street as nuisance properties, and setting date of Legislative Hearings for June 26, 2007 and City Council Public Hearings for July 18, 2007. June 27, 2007 City Council Summary Minutes Page 2 3. Administrative Orders: D002666 Authorizing the Department of Fire and Safety Services to pay for all costs to hold 15 teacher training workshops on Risk Watch injury prevention curriculum. D002667 Authorizing the Department of Fire and Safety Services to pay for stipend costs for teachers attending a training workshop on Risk Watch injury prevention curriculum. On file in the City Clerk’s Office FOR ACTION 4. Approval of minutes of June 13, 2007. Adopted Yeas – 5 Nays - 0 5. Resolution – 07-528 – Approving the Memorandum of Agreement between the City of Saint Paul and the United Association of Plumbers, Local 34, 2007 Wage and Fringe Adjustment. (Laid over from June 20 for adoption) (GS 3040694) Adopted Yeas – 5 Nays - 0 6. Resolution – 07-550 – Approving the Maintenance Labor Agreement between the City of Saint Paul and the Operative Plasterers and Cement Masons International Association, Local 633. (To be laid over one week for adoption) (GS 3040879) Laid over to July 5 7. Resolution – 07-551 – Establishing the rates of pay for Emergency Management Coordinator and Emergency Management Specialist. (GS 3040610) Adopted Yeas – 5 Nays - 0 8. Resolution – 07-552 – Approving the decision of the Legislative Hearing Officer on an appeal of a Deficiency List at 1753 Marshall Avenue. (GS 3041018) Adopted Yeas – 5 Nays - 0 9. Resolution – 07-553 – Approving the Regulations to implement and administer the City of Saint Paul Living Wage ordinance. (GS 3041010) Adopted Yeas – 5 Nays - 0 10. Resolution – 07-554 – Authorizing additional spending for food and refreshments for City staff working at the 2007 Hmong Sports Tournament funded through a donation from the Lao Family. (GS 3040491) Adopted Yeas – 5 Nays - 0 June 27, 2007 City Council Summary Minutes Page 3 12. Resolution – 07-556 – Waiving the 45-day notification requirement and granting, with conditions, on-sale liquor over 100 seats and Sunday on-sale liquor licenses to Biaggio, Inc., d/b/a Café Biaggio, 2356 West University Avenue. (GS 3041015) Adopted Yeas – 5 Nays – 0 13. Resolution - 07-557 – Approving the decisions of the Legislative Hearing Officer on Appeals of Letters, Correction Notices, and Correction Orders for properties at 842 Clear Avenue and 118 George Street West. (GS 2040952) Adopted Yeas – 5 Nays - 0 14. Resolution – 07-558 – Establishing Policy for Managing the Energy Conservation Investment Fund. (GS 3040490) Adopted Yeas – 5 Nays - 0 15. Resolution – 07-559 – Amending the 2007 budget to provide the cash flow needed for implementation of an Energy Conservation Initiative project. (GS 3040210) Adopted Yeas – 5 Nays - 0 16. Resolution – 07-560 – Declaring “hardship” to satisfy petition requirements for a proposed vacation of Huron Street south of Larpenteur Avenue. (GS 3040252) Adopted Yeas – 5 Nays - 0 18. Resolution – 07-562 – Authorizing the Department of Public Works to execute a Minnesota Pollution Control Agency agreement that details City obligations for Pig’s Eye Landfill site. (GS 3039810) Adopted Yeas – 5 Nays - 0 19. Resolution Approving Assessment – 07-563 – In the matter of the assessment of benefits, cost, and expenses for repair of sanitary sewer connections, at the request of property owners, in conjunction with improving Minnehaha Avenue from Dale Street to Arundel Street, and setting date of public hearing for July 18, 2007. [File No. 19022C] (GS 3040790) Adopted Yeas – 5 Nays - 0 20. Resolution Approving Assessment – 07-564 – In the matter of the assessment of benefits, cost, and expenses for repair of sanitary sewer connections, at the request of property owners, in conjunction with improving Selby Avenue from Victoria Street to Avon Street, and setting date of public hearing for July 18, 2007. [File No. 19026C] (GS 3040791) Adopted Yeas – 5 Nays - 0 June 27, 2007 City Council Summary Minutes Page 4 21. Resolution Approving Assessment – 07-565 – In the matter of the assessment of benefits, cost, and expenses for construction of water service connections, at the request of the property owners, in conjunction with the Baker/Bellows RSVP project, and setting date of public hearing for August 1, 2007. [File No. 19014CW] (GS 3040991) Adopted Yeas – 5 Nays - 0 ------------------------------------------------------------------------------------------------------------ 11. Resolution – 07-555 – Subordinating the City’s STAR Loan to $400,000 of additional debt for improvements to the McNally-Smith Music College. (GS 3040751) Councilmember Thune noted that the City sold park land which should have been under its no net loss policy. To remedy this, he moved this item be laid over to July 5 in order for staff to prepare a resolution replacing that park land with the existing children's play space in downtown Saint Paul. Laid over to July 5 Yeas – 5 Nays - 0 17. Resolution – 07-561 – Approving projects and/or programs for submittal to the Metropolitan Council and Minnesota Department of Transportation for review, rating and possible Federal Transportation Project funding. (GS 3041050) Council President Lantry referred to a substitute attachment explaining the only change is removing the Ayd Mill Road project, and she moved approved approval of the resolution with the substitute attachment. Adopted with substitute attachment Yeas – 5 Nays - 0 FOR DISCUSSION 22. Presentation from Ron Maddox on Taste of Minnesota. Ron Maddox appeared promoting the Taste of Minnesota and urged everyone to attend in this their 25th Anniversary. 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. June 27, 2007 City Council Summary Minutes Page 5 23. Second Reading – 07-547 – An ordinance memorializing action granting 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). [ZF 07-027-041] (Public hearing held May 16, 2007) (GS 3040380) Laid over to July 5 for third reading 24. Second Reading – 07-548 – An ordinance establishing interim zoning requirements for the Central Corridor area to implement the Development Strategy. (GS 3041055) Laid over to July 18 for third reading/public hearing 25. First Reading – 07-566 – An ordinance amending Section 411.04 of the Saint Paul Legislative Code to limit Class B and C Entertainment licenses to establishments holding Intoxicating Liquor licenses. (GS 3041017) At a point later in the meeting, Councilmember Harris requested that Council Research staff present a staff report on this item at the July 5 Council meeting. Laid over to July 5 for second reading and Council Research staff report Councilmember Thune moved the rules be suspended to consider an item not on the agenda. Adopted Yeas – 5 Nays – 0 Resolution – 07-567 – Waiving the 45-day notification requirement and granting, with conditions, On Sale Liquor – 100 seats or less, On Sale Liquor – Sunday, and On Sale – 2:00 a.m. Closing Licenses to Mazatlan, LLC d/b/a Mazatlan, 567 Stryker. Councilmember Thune moved approval of the resolution. Adopted Yeas – 5 Nays - 0 Councilmember Thune moved the rules be suspended to consider an item not on the agenda. Adopted Yeas – 5 Nays – 0 Resolution – 07-568 – Declaring June 28, 2007 as Minnesota Hockey Ventures and Minnesota Wild Day in the City of Saint Paul. (GS 3041196) Councilmember Thune presented Bob Naegle and Pam Wheelock a plaque declaring June 28, 2007 as Minnesota Hockey Ventures and Minnesota Wild Day, and thanked them for their hard work and dedication over the past years. Ms. Wheelock thanked the City for taking the risk on them and how their building and its facilities are a great asset to the City of Saint Paul. June 27, 2007 City Council Summary Minutes Page 6 Mr. Naegle also thanked the City for their participation, saying there was a common objective and everyone pulled together to make it what it is today. Councilmember Thune moved approval of the resolution. Adopted Yeas – 5 Nays - 0 Council President Lantry moved the rules be suspended to consider an item not on the agenda. Adopted Yeas – 5 Nays – 0 Resolution – 07-569 – Memorializing City Council action taken June 20, 2007 granting the appeal of the Friends of the Parks and Trails, et al, from a decision of the Planning Commission which approved a conditional use permit, variances and a revised site plan to the Metropolitan Airports Commission (MAC) Homan Field Storm Drain Project. Council President Lantry explained that at last weeks City Council meeting, the Council granted the appeal to a decision of the Planning Commission for the Holman Field subdrain improvement, and today needs to memorialize that decision. At the question of Councilmember Bostrom, Jerry Hendrickson of the City Attorney’s Office stated votes taken at the June 20 City Council Meeting are and will remain votes of record, and today’s action memorializes the decision of last weeks meeting. Upon question of Councilmember Harris, Mr. Hendrickson said votes taken today do not in any way affect the veto. He further explained the Council has five (5) business days to submit this resolution to the Mayor for his signature, and the Mayor then has five (5) business days to sign and return the resolution back to the Council. There was no further discussion, and Council President Lantry moved approval of the resolution. Adopted Yeas – 5 Nays – 0 Council President Lantry moved the rules be suspended to consider an item not on the agenda. Adopted Yeas – 5 Nays – 0 Resolution - 07-570 - Approving an agreement with the Division of Parks and Recreation and Minneapolis Community and Technical College to have four interns work for 80 hours each during the summer. (GS 3041013) Council President Lantry moved approval of the resolution. Adopted Yeas – 5 Nays – 0 June 27, 2007 City Council Summary Minutes Page 7 Council President Lantry moved the rules be suspended to consider an item not on the agenda. Adopted Yeas – 5 Nays – 0 Resolution – 07-571 – Authorizing proper City officials to enter into an inter-local agreement between the Cities of Saint Paul, Maplewood and Roseville and the County of Ramsey for the 2007 Justice Assistance Grant (JAG) Program Award. (GS 3041193) Council President Lantry moved approval of the resolution. Adopted Yeas – 5 Nays - 0 Councilmember Thune presented a photograph of his wife and himself at their wedding 36 years ago today and wished his wife a happy anniversary, and Councilmember Harris congratulated his mother and father on their 48 year wedding anniversary today. Councilmember Thune moved the meeting be adjourned. Adopted Yeas – 5 Nays – 0 ADJOURNED AT 3:58 P.M. ATTEST: _____________________________ _____________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: Pattie Kelley 6/28/07 _____________________________ Minutes approved by Council