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Minutes 2-27-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February 27, 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 3:31 p.m. by Council President Lantry. Present – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Thune Absent – 0 Council President Lantry clarified that Items 6 and 9 were adopted on February 20, 2008 and had been added to this agenda in error. Item 7 from the February 20, 2008 had been laid over for one week in error; it had been adopted on that date. Councilmember Thune moved approval of the consent agenda as amended. Adopted as amended Yeas – 7 Nays – 0 CONSENT AGENDA (Items 1 - 13) 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. Claim of David Dillon, Thomas E. Lynch, Emma R. Mason, Elsie Mayard and Jimmy Micius. Referred to Risk Management 2. Letter from the Office of the City Attorney announcing an Administrative Hearing on March 12, 2008 at 9:30 a.m., Room 220 (Medium Conference Room), City Hall/Courthouse, 15 Kellogg Boulevard West, concerning all licenses held by Wittwer Fitness, Inc., d/b/a Anytime Fitness, 1678 Suburban Avenue. 3. Administrative Orders: D002695 Authorizing the proper City officials to remit payment not to exceed $500 for the February 8, 2008 graduation ceremony expenses at the Paul and Sheila Wellstone Center for the Saint Paul Department of Fire and Safety Services. February 27, 2008 City Council Summary Minutes Page 2 D002696 Authorizing the proper City officials to pay a stipend in the amount of $100 to each teacher, not to exceed $10,000, who attends a two-hour training workshop on the Risk Watch injury prevention curriculum for the Saint Paul Department of Fire and Safety Services. D002697 Authorizing the proper City officials to remit the payment of $5,000 to Byerly’s, D’Amicos, and Target for costs incurred at the teacher training workshops on Risk Watch injury prevention curriculum for the Saint Paul Department of Fire and Safety Services. On file with the City Clerk FOR ACTION 4. Resolution – 08-179 - Approving the appointment of Councilmember Dan Bostrom to the Saint Paul Regional Water Board of Commissioners. Adopted Yeas – 7 Nays – 0 5. Resolution – 08-180 – Approving the long term service agreement with Padelford Packet Company for Mississippi River charter and cruise services. Adopted Yeas – 7 Nays – 0 6. Resolution – 08-144 – Authorizing the Police Department to enter into an agreement with the State of Minnesota for participants of the Second Judicial District DWI Court program from October 1, 2007 through September 30, 2009. (Laid over from February 20 for adoption) Adopted on February 20 7. Resolution – 08-181 – Authorizing the Police Department to enter into a grant agreement with the State of Minnesota for participation in the statewide Gang Strike Force. (To be laid over one week for adoption) Adopted Yeas – 7 Nays – 0 8. Resolution – 08-182 – Amending agreement #02-13934-I between the Police Department and the State of North Dakota, Office of the Attorney General, acting through its Bureau of Criminal Investigations, to dissolve their Multi-Agency agreement to participate in the Internet Crimes Against Children Task Force. Adopted Yeas – 7 Nays – 0 9. Resolution – 08-146 – Authorizing the proper City officials to enter into an agreement with MNDOT which provides payment to MNDOT for the City’s share of the cost to reconstruct the northbound exit ramp from T.H. 35E to Ayd Mill Road. (Laid over from February 20 for adoption) Adopted on February 20 February 27, 2008 City Council Summary Minutes Page 3 10. Preliminary Order – 08-183 – In the matter of improving McLean Avenue from Cypress Street to Earl Street and Thorn Street from Earl Street West to end of Thorn Street to consider a lighting improvement in conjunction with the Earl-McLean Residential Street Vitality Project and setting date for public hearing for March 19, 2008. [File No. 19044LIGHT] Adopted Yeas – 7 Nays - 0 11. Resolution – 08-184 – Authorizing the Department of Safety and Inspections (DSI) to enter into an agreement with Saint Paul College for customized training for a group of DSI employees. Adopted Yeas – 7 Nays – 0 12. Resolution Approving Assessment – 08-185 – In the matter of the assessment of benefits, costs, and expenses for summary abatements (graffiti removal) on private properties from January 7 to February 2, 2008 [J0801P]; demolition of vacant buildings during January 2008 [J0802C]; summary abatement (property clean-up) on private properties from January 14 to 31, 2008 [J0802A]; providing weekly garbage hauling services from January 17 to 31, 2008 [J0802G]; removing diseased elm trees from private property during the winter season 2007 and 2008 [J0801T]; and setting date of Legislative Hearings for March 18, 2008 and City Council public hearings for April 2, 2008. Adopted Yeas – 7 Nays – 0 ------------------------------------------------------------------------------------------------------------ FOR DISCUSSION 13. Report from Paul St. Martin, Department of Public Works, on an alternative way to post parking regulations instead of installing them on historic light posts. (Requested by City Council on October 3) A Power Point presentation was given by Paul St. Martin on the present location and use of signs in the City. He discussed the possibilities for change that would help to decrease the total number of signs currently on decorative light posts. One possible suggestion was the elimination of free parking near the Farmers Market on Saturday mornings and opting for metered parking. Councilmember Thune commented on the vast number of signs that have been posted on decorative light posts. He also requested that Paul St. Martin share the presentation and ideas with the Capitol River District Council for their input. Councilmember Helgen suggested that he would encourage the use of metered parking near the Farmers Market to increase the City’s revenue by $30,000. February 27, 2008 City Council Summary Minutes Page 4 Councilmember Bostrom stated that the pictures that had been presented of the decorative light posts with multiple signs attached, highlighted how bad the area had begun to look. He also stated that he thought it would be beneficial to put multiple signs on meters as opposed to light posts to beautify the area as had been suggested by Mr. St. Martin. Councilmember Harris stated it would be nice to look at other options to beautify the signs themselves by taking examples from other cities. Councilmember Helgen suggested using the Artist in Residence to create ideas. Councilmember Stark stated he did not think it was unreasonable to expect to pay for a meter to park to attend the Farmers Market as most visitors to Downtown would expect to incur some type pf parking expense. Councilmember Carter questioned the dollar amount of savings in sign maintenance. St. Martin stated that the removal of the signs as had been discussed was minute compared to the 60,000 signs total the City monitors. Council President Lantry suggested looking into a “smarter” meter that would not take money if a person was unable to park in that spot. St. Martin stated the City did not have that technology. Councilmember Bostrom requested that Public Works update the Council in 90 days with their findings from the District Council. 14. Resolution – 08-15 – Approving the petition of Told Development to vacate alley rights in the Lexington, Randolph, and Juno Avenues block in order to consolidate property for redevelopment. (Public hearing held and laid over January 2; laid over February 6) Councilmember Harris moved approval. Adopted Yeas – 7 Nays – 0 15. Resolution – 08-126 – Ordering the owner to remove or repair the building(s) at 1500 York Avenue within fifteen (15) days from adoption of resolution. (Laid over from February 6 and February 13) (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, recommended that 180 days be granted for the rehabilitation of the property as all conditions had been met. Councilmember Bostrom moved approval of the recommendation of the Legislative Hearing Officer. February 27, 2008 City Council Summary Minutes Page 5 Adopted as amended (180 days granted for rehabilitation of the property, per the recommendation of the Legislative Hearing Officer) Yeas – 7 Nays – 0 16. Resolution – 08-165 – Ordering the owner to remove or repair the building(s) at 733 Bradley Street within fifteen (15) days from adoption of resolution. (Public hearing held, closed, and laid over from February 20) (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, recommended that 180 days be granted for the rehabilitation of the property as it had been acquired for that purpose. Councilmember Thune moved approval of the recommendation of the Legislative Hearing Officer. Adopted as amended (180 days granted for rehabilitation of the property, per the recommendation of the Legislative Hearing Officer Yeas – 7 Nays – 0 17. Appeal of David McGee, on behalf of Henry Zaiden, to a Revocation of the Certificate of Occupancy, which includes Condemnation, for property known as Lowertown Parking Ramp, 255 Sixth Street East. (Public hearing continued from February 6; public hearing held, closed and laid over from February 20) (Legislative Hearing Officer recommends granting an extension to February 28, 2008 on the effective date of the revocation of the certificate of occupancy and fire certificate of occupancy to allow time for a rehabilitation plan to be developed and approved. Additional enforcement action should be stayed until Council formally approves the rehab plan –unless there is an emergency.) Marcia Moermond, Legislative Hearing Officer, clarified that the Certificate of Occupancy is currently revoked but occupancy has been allowed until February 28 pending the outcome of the Council’s decision. She distributed a memorandum outlining the necessary conditions correcting the date from temporary to permanent solutions to September 1, 2009. Councilmember Thune expressed his concern that repairs be made in a timely fashion and that it is monitored. He also requested that the residents in the building next to the ramp who are given parking in the ramp, be provided with all of the information. Councilmember Thune moved to grant the appeal. Appeal granted (per the recommendation of the Legislative Hearing Officer) Yeas – 7 Nays – 0 February 27, 2008 City Council Summary Minutes Page 6 Wendy Underwood, Government Relations and Workforce in the Mayor’s Office, gave an update to the Council on current activities at the Legislature. 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 FINAL ADOPTION. 18. Final Adoption – 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. (Substitute introduced December 26; laid over from January 9) Councilmember Bostrom introduced an amendment to the ordinance that changed the effective date of the ordinance to 120 days. He stated he had met with concerned parties to include bankers and real estate professionals to address concerns. They also have had trouble attracting the attention of larger national corporations. He stated that it is a critical issue for the City due to the concentration of vacant properties in some of the Wards that are negatively impacting the citizens who live in close proximity. The ordinance had brought about a needed discussion. Councilmember Thune questioned whether Bostrom had met with the local community banks. Bostrom stated that the local banks would not be impacted by the ordinance. The ordinance is aimed at addressing local, residential properties not large, commercial properties that are serviced by local, community banks. Councilmember Helgen thanked Bostrom for initiating the conversation. He stated that there also could be change to the Truth in Sale of Housing, discipline for the evaluators and a notification system after foreclosure. Councilmember Helgen stated those ideas could possibly be included. Councilmember Carter stated it was an important conversation that had been initiated and could be used as one measure amongst others to deal with the problems the City is dealing with. Councilmember Bostrom moved approval of the amendment and to lay the matter over to March 19 for final adoption. Yeas – 7 Nays – 0 February 27, 2008 City Council Summary Minutes Page 7 19. Final Adoption – 08-79 – An ordinance amending Chapter 409 of the Saint Paul Legislative Code, temporary wine and liquor licenses, to comply with state law. Councilmember Thune moved approval. Adopted Yeas – 7 Nays – 0 20. Final Adoption – 08-109 – An ordinance memorializing City Council action granting the appeal of the Saint Paul Housing and Redevelopment Authority to rezone property at 615 and 621 Case Avenue (between Payne Avenue and Edgerton Street) from RT2 (Townhouse Residential) to B2 (Community Business). [ZF 07-123-065] Councilmember Bostrom moved approval. Adopted Yeas – 7 Nays – 0 21. Final Adoption – 08-110 - An ordinance memorializing City Council action taken January 9, 2008 granting the application of Randolph Hill, LLC to rezone property at 1094 Randolph Avenue (block bounded by Randolph, Lexington, Juno, and I-35E) from RM2 Medium-Density Multiple-Family Residential and R2 One-Family Residential to TN2 Traditional Neighborhood. [Zoning File 07-179-230] Councilmember Harris moved approval. Adopted Yeas – 7 Nays – 0 22. Second Reading – 08-152 – An ordinance placing the position titled Senior Prosecutor in the unclassified service pursuant to Section 12.03.2(H) of the Saint Paul City Charter. Laid over to March 5 for third reading/public hearing 23. Second Reading – 08-153 – An ordinance amending Chapter 140 of the Saint Paul legislative Code to establish uniform skyway hours. Councilmember Thune moved the substitute and to lay it over to March 19 for third reading/public hearing Yeas – 7 Nays – 0 Suspension Items: Councilmember Harris moved suspension of the rules to introduce the following resolution: Yeas – 7 Nays – 0 Resolution - 08-186 - Approving the appointment of Avinash Viswanathan and the reappointment of Molly Grove, by Mayor Coleman, to the Neighborhood Sales Tax Revitalization (STAR) Board. Councilmember Harris moved approval. Adopted Yeas – 7 Nays – 0 February 27, 2008 City Council Summary Minutes Page 8 Councilmember Thune moved suspension of the rules to introduce the following resolution: Yeas – 7 Nays – 0 Resolution – 08-187 – Approving the application with conditions, per the Legislative Hearing Officer, for Liquor Off-Sale, Retail Food (D) Grocery 3001- 6000 sq ft., and Cigarette/Tobacco licenses for MCM Inc., d/b/a Dannecker’s Grocery and Liquors, 793 Randolph Avenue. Councilmember Thune moved approval. Adopted Yeas – 7 Nays – 0 Councilmember Thune moved suspension of the rules to introduce the following ordinance: Yeas – 7 Nays – 0 First Reading – 08-188 – An ordinance amending the Administrative Code by adding new language to Title IV, Subt., B., Chapter 65 (reserved) pertaining to levying and collecting special assessments for heritage preservation and other public purposes for buildings in the B4 and B5 Zoning Districts. Councilmember Thune said he brought the ordinance in under suspension so that the program would be available to downtown business owners prior to the RNC. He thanked Pat Lindgren, Ward 2 Legislative Aide, staff at PED, those in the private sector who worked on the ordinance, and the City Attorneys Office. Councilmember Helgen questioned whether infrastructure such as entrances and awnings would be applicable for the program. Thune stated that if it was part of the façade, or outside of the building, it would most likely be applicable. Helgen also questioned the financing. Thune stated that the City would provide the financing and that the property owner would be assessed the total cost and interest on their taxes over twenty years. Council President Lantry stated it was similar to how the City helps finance fire sprinkler systems over twenty years, ensuring that a property owner will be able to have the system installed without incurring a huge expense up front. Councilmember Harris stated that he would like to get an analysis of the City’s cash flow from Finance. Laid over to March 5 for second reading. February 27, 2008 City Council Summary Minutes Page 9 Councilmember Thune moved to adjourn the meeting. Yeas – 7 Nays – 0 ADJOURNED at 4:34 P.M. ATTEST: _____________________________ _______________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ___May 7, 2008_________________ Joan Reidell Minutes approved by Council