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Minutes 12-26-2007 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, December 26, 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 3:30 p.m. by Council President Lantry. Present – 7 – Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune Absent – 0 CONSENT AGENDA (Items 1 - 13) Item 7 was withdrawn. Councilmember Harris removed item 6 for discussion. Councilmember Helgen removed item 8 for discussion. Councilmember Thune moved approval of the consent agenda as amended. Adopted as amended Yeas – 7 Nays - 0 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 Joe E. Baltierrez, Joseph Cozzolino, Lorraine S. Juergens, Andrian B. Sangster, and Robert Spreigl. Referred to Risk Management 2. Petition for Writ of Certiorari in the matter of Aurelia (Rita) Tessmer vs. the City of Saint Paul. (Re: 332 St. Clair Avenue) 3. Letter from the Office of the City Attorney announcing a public hearing before the City Council on January 2, 2008 to consider the report of the Administrative Law Judge concerning the Retail Food – Restricted Food Service, Retail Food (C) Grocery 1001- 3000 sq. ft., and Cigarette/Tobacco licenses held by Gas It For Less & Food, Inc., d/b/a West 7th Market, 675 – 7th Street West. December 26, 2007 City Council Summary Minutes Page 2 4. Letters from the Department of Safety and Inspections/Building Enforcement declaring 282 Baker Street East, 152 King Street West, 1165 Minnehaha Avenue East, 1080 Park Street, 667 Sims Avenue, 682 Sims Avenue, and 667 and 669 Wells Street as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary. 5. Administrative Order: D002690 Authorizing the Department of Fire and Safety Services to pay for all costs incurred to hold the graduation ceremony for the 2007 Academy Class. On file with the City Clerk FOR ACTION 6. Resolution – 07-1232 – Approving a Wage and Benefit Policy for the Non-Represented Management and Legislative Personnel. (Discussed after the consent agenda) 7. Resolution – 07-1233 – Approving payment in the amount of $35,000.00 to Cash-N- Pawn of Minnesota, Ltd., Pawn America Minnesota, LLC, and their attorney, in full settlement of their claim against the City of Saint Paul. Withdrawn 8. Resolution – 07-1234 – Renewing the City’s Performance Agreement Contract with Saint Paul Neighborhood Network (SPNN) for the provision of Public and Educational access services and community programming for the period January 1, 2008 to December 31, 2008. (Discussed after the consent agenda) 9. Resolution – 07-1235 – Approving the application with conditions, per the Legislative Hearing Officer, for Liquor On Sale-100 seats or fewer, Liquor On Sale-Sunday, Restaurant (B)-more than 12 seats, Gambling Location, Cigarette/Tobacco, Malt Off Sale, and Sidewalk Café licenses for KIB Properties, Inc., d/b/a Trend Bar, 1537 University Avenue West. Adopted Yeas – 7 Nays – 0 10. Resolution – 07-1236 – Authorizing the proper City officials to enter into amended agreements with Lancer Hospitality for the provision of Amusement Park, Food Service, Catering, Café, and related services at Como Park and Conservatory. Adopted Yeas – 7 Nays – 0 December 26, 2007 City Council Summary Minutes Page 3 11. Resolution – 07-1237 – Authorizing the City to accept a sponsorship of $10,000 from the Minnesota Timberwolves and establishing the associated budget for the renovation of the outdoor basketball court at Scheffer Recreation Center. Adopted Yeas – 7 Nays – 0 12. Resolution – 07-1238 – Approving a lease agreement with the Port Authority for the purpose of storing impounded cars towed from city streets during snow emergencies. Adopted Yeas – 7 Nays – 0 13. Resolution Approving Assessment – 07-1239 – In the matter of the assessment of benefits, cost, and expenses for summary abatement (graffiti removal) on private properties from November 10 to November 24, 2007 [J0709P]; demolition of vacant buildings at 468 Case Avenue during November 2007 [J0714C]; summary abatements (property cleanups) on private properties from November 15 to November 29, 2007 [J0719A]; providing weekly garbage hauling services from November 20 to November 30, 2007 [J0719G]; and setting date of Legislative Hearings for January 15, 2008 and City Council public hearings for February 20, 2008. Adopted Yeas – 7 Nays – 0 ------------------------------------------------------------------------------------------------------------ 6. Resolution – 07-1232 – Approving a Wage and Benefit Policy for the Non-Represented Management and Legislative Personnel. Councilmember Harris asked Ron Guilfoile, Risk Management, to provide historical perspective on the proposed changes. Mr. Guilfoile stated that the package and wage benefits for non-represented employees had not changed since 1996 after it’s inception under Mayor Latimer in the 1980s. Included were updates and standardization of titles, simplification of the short-term disability process, elimination of floating holidays, an increase in vacation such that those who received a promotion would not lose any vacation from their previous title, and the restoration of a match for deferred compensation. Councilmember Benanav stated that the City had been encouraging employees to participate in deferred compensation as part of retirement planning, and the non- represented employees would now receive the same form of encouragement through the match. Councilmember Harris stated he understood the necessity of remaining competitive in the employment market, but he was concerned that the changes were not discussed during the budget process. He understood that it is money well spent, but should have been part of budget discussions. December 26, 2007 City Council Summary Minutes Page 4 Councilmember Benanav moved approval. Adopted as amended Yeas – 7 Nays - 0 7. Resolution – 07-1234 – Renewing the City’s Performance Agreement Contract with Saint Paul Neighborhood Network (SPNN) for the provision of Public and Educational access services and community programming for the period January 1, 2008 to December 31, 2008. Councilmember Helgen thankrf SPNN for the good work that they do for the City of Saint Paul. Councilmember Helgen moved approval Adopted Yeas – 7 Nays – 0 FOR DISCUSSION 14. Final Order – 07-1151 – In the matter of acquiring property rights needed for right-of-way purposes for the public purpose of realigning the intersection of Cleveland Avenue and St. Paul Avenue. [File No. AE2007-10] (Laid over from December 19) Councilmember Harris moved to lay over the final order for thirty days to provide time to address issues in the neighborhood. Laid over to January 23 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. 15. Final Adoption – 07-1026 – An ordinance amending Chapter 64 of the Saint Paul Legislative Code to ban new roof signs. Councilmember Harris stated he could not support this ordinance as it would force item 16 to be withdrawn. He felt that item 16 was a nice compromise on the issue. Councilmember Benanav stated that no other cities allow roof top signs. The ordinance would not ban signs altogether from roofs but simply not allow signs to be above the height of the roof. He also stated it would make St. Paul consistent with Minneapolis. Councilmember Benanav moved approval. Adopted Yeas – 6 Nays – 1 (Harris) December 26, 2007 City Council Summary Minutes Page 5 16. Final Adoption – 07-1027 – An ordinance amending Chapter 64 of the Saint Paul Legislative Code pertaining to roof signs by adding new language regulating the orientation and design appearance of roof signs. (Substitute introduced December 19) Councilmember Benanav moved to withdraw the ordinance. Withdrawn 17. Final Adoption – 07-1147 – An ordinance amending Chapter 198 of the Saint Paul Legislative Code to ban ownership of the seven subspecies of the marsupial, Petaurus Breviceps, commonly referred to as “sugar gliders.” Councilmember Benanav moved approval. Adopted Yeas – 6 Nays – 1 (Thune) 18. First Reading – 07-1194 – An ordinance amending Chapter 33 of the Saint Paul Legislative Code, Building Code and Inspection, as it relates to Certificate of Code Compliance. (First reading continued from December 12) Councilmember Bostrom introduced a substitute ordinance. Substitute introduced and laid over to January 2 for second reading Yeas – 7 Nays - 0 Suspension Item: Councilmember Benanav moved suspension of the rules to introduce the following resolution: Yeas – 7 Nays – 0 Resolution – 07-1240 – Approving the use of Neighborhood Star Investment Initiative Program Funds for projects in Ward 4. Councilmember Benanav moved approval. Adopted Yeas – 7 Nays – 0 Jay Benanav, outgoing Councilmember, thanked everyone for their support. Council President Lantry and Councilmembers Harris and Thune thanked Councilmembers Benanav and Montgomery for their years of service to the City and the Council. Councilmember Montgomery thanked everyone for support during her years of service. December 26, 2007 City Council Summary Minutes Page 6 Councilmember Thune moved to adjourn the meeting. Yeas – 7 Nays – 0 ADJOURNED at 3:58 PM. ATTEST: _____________________________ _______________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ____February 6, 2008 ___________ Joan Reidell Minutes approved by Council