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Minutes 8-08-2007 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 8, 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 3:34 p.m. by Council President Lantry. Present – 7 – Benanv, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune Absent – 0 CONSENT AGENDA (Items 1 - 23) 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 12 be removed for discussion. Councilmember Helgen moved approval of the consent agenda as amended. Adopted as amended Yeas – 7 Nays – 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS The following communication was read into the record: Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council for August 15, and continued to August 22, 2007, at 5:30 p.m., to consider the application of David Levy to rezone property from RM 2 (Multiple- Family Residential) to OS (Office-Service) at 2236 7th Street West, southeast corner at Springfield. (Zoning File 07-095-904) 1. Claims of Mary C. Fuller, William Kueffoua Kanoud, and Suhas Sathyanarayana. Referred to Risk Management 2. Letters from the Department of Safety and Inspections /Nuisance Building Enforcement declaring 907 Burr Street, 595 Case Avenue, 335 Charles Avenue, and 388 Goodrich Avenues as nuisance properties, and setting dates of Legislative Hearings for August 14, 2007 and City Council Hearings for September 5, 2007. August 8, 2007 City Council Summary Minutes Page 2 3. Letter from the Office of the City Attorney announcing a continuation of the Administrative Hearing on August 7, 2007 at 9:30 a.m., Room 40B, City Hall/Courthouse, 15 West Kellogg Boulevard, concerning all licenses held by Vone X. Moua and Mee Lee Moua, d/b/a Malina’s Sports Bar and Grill, 691 Dale Street North. 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on Wednesday, August 15, 2007 at 5:30 p.m. in the City Council Chambers, Third Floor, City Hall/Courthouse, 15 West Kellogg Boulevard, St. Paul, MN, to consider the appeal of George LeTendre to a decision of the Planning Commission denying renewal of determination of similar use as an outdoor restaurant for Shamrocks Grill at 1001 7th Street West. (Zoning File 07-120-131) 5. Administrative Order: D002672 Authorizing the Department of Fire and Safety Services to pay for all costs incurred to hold a fire training seminar on Positive Pressure Ventilation on July 23-25, 2007 at the Fire Department Training Center. On file with the City Clerk FOR ACTION 6. Resolution – 07-707 – Approving the use of Neighborhood STAR Investment Initiative Program Funds for the Horace Mann Playground Renovation Project. Adopted Yeas – 7 Nays - 0 7. Resolution – 07-708 – Authorizing the Office of Human Resources to partner with the MultiCultural Development Center and commit $2,000.00 of City funds to assist in the printing and distribution of a 2008 Chronology of World Cultural Events poster. Adopted Yeas – 7 Nays - 0 8. Resolution – 07-709 – Establishing a budget in the amount of $200,000 in the Division of Parks and Recreation based on capital campaign funding to be received from the Como Zoo and Conservatory Society. Adopted Yeas – 7 Nays - 0 9. Resolution – 07-710 – Authorizing the Division of Parks and Recreation to expend City funds on appetizers for those attending the Saint Paul Parks and Recreation Commission meeting on September 12, 2007 to discuss joint interests and cooperation. Adopted Yeas – 7 Nays - 0 August 8, 2007 City Council Summary Minutes Page 3 10. Resolution – 07-711 – Authorizing the Police Department to enter into an agreement with Independent School District #625 to provide traffic and pedestrian control and stadium security at high school football games. Adopted Yeas – 7 Nays - 0 11. Resolution – 07-712 – Authorizing the Police Department to enter into an amendment to an agreement with the Minnesota Department of Public Safety to continue to use Minnesota Financial Crimes Task Force Grant funding to address financial crimes in the City of Saint Paul. Adopted Yeas – 7 Nays - 0 13. Resolution – 07-714 – Memorializing City Council action taken July 18, 2007, imposing adverse action against the Auto Repair Garage and Second Hand Dealer-Motor Vehicle licenses held by Heartland Auto Sales, Inc., 1236 Arcade Street. Adopted Yeas – 7 Nays - 0 14. Resolution – 07-715 – Removing the condition, “seating within the licensed establishment is limited to 50 persons,” from licenses held by Goby’s Grille and Pub, Inc., 472 Snelling Avenue South. Adopted Yeas – 7 Nays - 0 15. Preliminary Order – 07-716 – In the matter of the Seventh Place Mall Operation and Maintenance Costs for 2007, and setting date of public hearing for September 19, 2007. [File No. 18428-2007] Adopted Yeas – 7 Nays - 0 16. Resolution Approving Assessment – 07-717 – In the matter of the assessment of benefits, costs, and expenses for the Seventh Place Mall Operation and Maintenance Costs for 2006, and setting date of public hearing for September 19, 2007. [File No. 18428-2006] Adopted Yeas – 7 Nays – 0 17. Resolution Approving Assessment – 07-718 – In the matter of the assessment of benefits, costs, and expenses for improving the alley in Stinson’s Subdivision of Block 10, Stinson, Brown and Ramsey’s Addition by constructing a storm sewer and grading/paving with bituminous material, and setting date of public hearing for September 19, 2007. [File No. 19016] Adopted Yeas – 7 Nays - 0 August 8, 2007 City Council Summary Minutes Page 4 18. Resolution Approving Assessment - 07-719 – In the matter of the assessment of benefits, costs, and expenses for the White Bear/Burns RSVP, and setting date of public hearing for October 3, 2007. [19032] ( Adopted Yeas – 7 Nays - 0 19. Resolution Approving Assessment – 07-720 – In the matter of the assessment of benefits, costs, and expenses for the installation of a 3-globe and 5-globe Above Standard Street Lighting System in the area known as Wacouta Commons Park, and setting date of public hearing for September 19, 2007. [File No. 19028] Adopted Yeas – 7 Nays - 0 20. Resolution Approving Assessment - 07-721 – In the matter of the assessment of benefits, costs, and expenses for improving Davern Street from Shepard Road to West Seventh Street, and setting date of public hearing for September 19, 2007. [File No. 19037] Adopted Yeas – 7 Nays - 0 21. Resolution Approving Assessment – 07-722 – In the matter of the assessment of benefits, costs, and expenses for improving the alley in West Side Land and Cottage Companies Subdivision of Block 36 by grading and paving with bituminous material, and setting date of public hearing for September 19, 2007. [File No. 19017] Adopted Yeas – 7 Nays - 0 22. Resolution Approving Assessment – 07-723 – In the matter of the assessment of benefits, costs, and expenses for improving the alley in Wynne’s Addition, Block 1, by grading and paving with bituminous material, and setting date of public hearing for September 19, 2007. [File No. 19018] Adopted Yeas – 7 Nays - 0 23. Resolution Approving Assessment – 07-724 – In the matter of the assessment of benefits, costs, and expenses for summary abatements (graffiti removal) on private properties from June 26 to July 10, 2007 [ J0701P]; summary abatements (property clean-up) on private properties from July 2 to July 12, 2007 [J0711A]; providing weekly garbage hauling services from July 5 to July 12, 2007 [J0711G]; demolition of vacant buildings at 1130 Margaret Street and 123 Atwater Street during July, 2007 [J0709C]; summary abatement (property clean-up) at 2434 University Avenue West on May 23, 2007 [J0709A1]; and summary abatement for the excessive consumption of inspection services for property code violations billed from March 5 to April 6, 2007 [J0703E]; and setting date of public hearing for September 19, 2007. Adopted Yeas – 7 Nays - 0 --------------------------------------------------------------------------------------------------------------------- August 8, 2007 City Council Summary Minutes Page 5 12. Resolution – 07-713 – Authorizing the Police Department to apply for a Central Corridor Security Camera Partnership Federal Transit grant to be administered by the Minnesota Department of Transportation to install approximately sixty (60) cameras throughout the Central Corridor in an effort to reduce crime, increase business and the overall safety along the designated route. Councilmember Helgen spoke in support of the resolution and requested additional language be added indicating that the Safe City Project will be designed to facilitate integration with potential implementation of a city-wide Wi-Fi data network, and that the project will also be designed to allow for expanding the network of video cameras city- wide. Councilmember Helgen moved approval of the resolution as amended. Adopted as amended Yeas – 7 Nays - 0 FOR DISCUSSION 24. Introduction of the new president of the Ordway Center for the Performing Arts, Patricia Mitchell. Lee Koch introduced Patricia Mitchell who said she’s very pleased to be back in Saint Paul and looks forward to working with the Council in the near future. Councilmember Thune moved suspension of the rules to introduce the following resolution: Yeas – 7 Nays – 0 Resolution - 07-727 - Declaring Wednesday, August 8, 2007 to be Andreas Thorsdalen Tveit Day in the City of Saint Paul. Councilmember Thune introduced and welcomed Mr. Tveit to the City of Saint Paul and the City Council meeting. Adopted Yeas – 7 Nays – 0 The City Council recessed at 4:05 and reconvened as the Housing and Redevelopment Authority to consider Items 25 and 26. 25. Resolution – 07-725 – Authorizing the issuance of Sales Tax 2007 bonds. Mayor Coleman appeared and spoke to this and the following related resolution. He said he believes Invest Saint Paul is the answer to making St. Paul’s neighborhoods and communities viable and safe, and he urged the Council to adopt the resolutions. The Mayor introduced Stacy Millett of his staff and Cecile Bedor, Director of Planning and August 8, 2007 City Council Summary Minutes Page 6 Economic Development. Ms. Millett gave a power point presentation of Invest Saint Paul and outlined their strategies to the program. Ms. Bedor presented a brief history and urged Council to support the resolution. Councilmember Helgen moved approval. Adopted Yeas – 5 Nays – 1 (Benanav) Abstention – 1 (Harris) 26. Resolution – 07-726 – Adopting 2007 budget amendment and related guidelines for the 2007 STAR Bonds ($25,000,000 net). Bob Geurs, Department of Planning and Economic Development, referred to and explained amendments to language on Page 3 of Exhibit B, Annual Reporting, stating the amendment recommended by Margaret Egan of Council Research staff. Councilmember Helgen moved approval of the resolution with the amended language in Exhibit B. Adopted (amended language in Exhibit B) Yeas – 5 Nays – 1 (Benanav) Abstention – 1 (Harris) The HRA was adjourned and the City Council reconvened at 4:28 p.m. 27. Presentation by Anne Hunt, Mayor’s Office, of the 2007 Annual Report for Sustainable Saint Paul. (Annual report requested by the City Council July 6, 2005; C.F. 05-582) Anne Hunt made a presentation to the City Council on the 2007 Annual Report for Sustainable Saint Paul, presented background information, and made note of progress the City has made. Councilmember Harris thanked Ms. Hunt for the presentation and thanked City staff for their hard work on this project. 28. Update from Marcia Moermond, Legislative Hearing Officer, on property at 332 St. Clair Avenue. (Progress report requested by Council on February 7, 2007) Marcia Moermond, Legislative Hearing Officer, explained she was before Council on this item per their request last year for a one-year follow-up report. She said there has been very little improvement to this property during this time and she presented a brief history. August 8, 2007 City Council Summary Minutes Page 7 After a short discussion, there was agreement this item would be laid over to September 12, 2007 with Ms. Moermond to report on the historic significance, if any, of the property and what steps would be necessary to lift the Council’s stay on its order to remove or repair the property. Laid over to September 12 29. Resolution – 07-699 – Ordering the owner to remove or repair the property at 20 Acker Street West within fifteen (15) days from adoption of resolution. (Public hearing held and laid over from August 1) Councilmember Helgen moved approval. Adopted Yeas – 7 Nays – 0 30. Resolution – 07-654 – Approving the public purpose for the annual employee picnic and granting permission for the City Picnic Committee to accept a donation on behalf of the City from Simon Delivers. (Laid over from July 25) Councilmember Thune 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. 31 Final Adoption – 07-548 – An ordinance establishing interim zoning requirements for the Central Corridor area to implement the Development Strategy. (Amended July 11 and 18) (GS 3041055) After a brief discussion, Councilmember Benanav moved approval of the ordinance. Adopted Yeas – 7 Nays - 0 32. Final Adoption – 07-633 – An ordinance amending § 65.500 of the Legislative Code by adding a new section providing for the outdoor sales of consumer fireworks, and amending use tables in §§ 66.421 and 66.521 by adding consumer fireworks sales as a permitted use in certain districts. (GS 3041531) Councilmember Benanav introduced and moved approval of additional language to be added on line 40 to read: "The 50 foot non-smoking area must be physically marked. No portion of any public sidewalk, boulevard right of way, public street, or alley may fall inside the perimeter." Amended and laid over to August 15 Yeas – 7 Nays - 0 August 8, 2007 City Council Summary Minutes Page 8 33. Final Adoption – 07-634 – An ordinance creating a new Chapter 201 which will permit the City to participate in a program that facilitates the sterilization of feral cats as a humane way of controlling the stray cat population. Councilmember Montgomery moved approval. Adopted Yeas – 7 Nays - 0 34. Final Adoption – 07-650 – An ordinance amending interim ordinance 07-74, 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 by granting an exemption to the new Mississippi Creative Arts Magnet School for an electronic message center sign. Councilmember Helgen moved approval. Adopted Yeas – 7 Nays - 0 Councilmember Helgen moved to adjourn the meeting. Adopted Yeas – 7 Nays – 0 ADJOURNED at 8:30 P.M. ATTEST: _________________________ _____________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: __October 17, 2007___________ Pattie Kelley Minutes approved by Council