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Minutes 3-12-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 12, 2008 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:30 p.m. by Council President Lantry. Present – 5 – Bostrom, Carter, Harris, Lantry, Stark Absent – 2 – Helgen, Thune (Excused) Councilmember Bostrom moved approval of the Consent Agenda. Yeas – 5 Nays – 0 CONSENT AGENDA (Items 1 - 25) 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 Alicia Hill, Elvin Galdamez, David M. Olson, Malimuugu Stephen, and Steve and Sandi Wewerka. Referred to Risk Management 2. Summons and complaint in the matter of JR and JR, on behalf of MR, minor child, vs. the City of Saint Paul, et al. Referred to the City Attorney’s Office 3. Supplemental Summons and Amended Application in the matter of the Application of Island Station, LLC to register title to certain real estate in Ramsey County. Referred to the City Attorney’s Office March 12, 2008 City Council Summary Minutes Page 2 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 19, 2008 concerning an administrative fine for the sale of tobacco products to an underage person by Guy William Davis at Galtier Convenience, 380 Jackson Street. 5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 19, 2008 concerning an administrative fine for the sale of tobacco products to an underage person by Tanya Elizabeth Amos at Oasis Markets, 2057 Marshall Avenue. 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 19, 2008 concerning adverse action against all licenses held by Snelling Café, Inc., 638 Snelling Avenue. 7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 19, 2008 concerning adverse action against all licenses held by Sophia Vega, Inc., d/b/a Viaduct Inn Mexican American Cuisine, 1056-7th Street East. 8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on March 19, 2008 to consider the report of the Administrative Law Judge concerning all licenses held by Billy Neng Yang, d/b/a Asian Cuisine, 945 Rice Street, Suite A. 9. Letter from the Department of Safety and Inspections announcing a public hearing before the City Council on April 2, 2008 to consider the appeal of Robert Orth to a decision of the Board of Zoning Appeals denying an appeal of orders issued by the Zoning Administrator to de-convert the house at 1327 Prior Avenue South from an illegal duplex back to a single-family home. [ZF 07-201373] 10. Letters from the Department of Safety and Inspections declaring 769 Burr Street, 627 Bush Avenue, 1369 Case Avenue, 970 Edgerton Street, 973 Marion Street, 979 Marion Street, 683/685 North Street, 690 Sims Avenue, 376 Sturgis Street, and 1583 York Avenue as nuisance properties, and setting date of Legislative Hearings for April 8, 2008, and City Council public hearings for May 7, 2008. 11. Letters from the Department of Safety and Inspections declaring 973 Marion Street, 979 Marion Street, 690 Sims Avenue, and 376 Sturgis Street as nuisance properties. 12. Administrative Orders: D002700 Authorizing the Police Department to pay for expenses, not to exceed $7,000.00, related to the Volunteers’ Banquet. March 12, 2008 City Council Summary Minutes Page 3 D002701 Authorizing the Police Department to purchase alcoholic beverages, not to exceed $650.00, for the Standardized Field Sobriety Test and DUI Procedures training to be held on or about April 28, 2008. D002702 Authorizing the Police Department to pay for meals, not to exceed $10,000.00, related to the 2008-1 Police Recruit Academy training at Camp Ripley, Little Falls, MN from May 19 to 23, 2008. On file with the City Clerk FOR ACTION 13. Resolution – 08-244 – Approving the appointment of Rick Larkin, by Mayor Coleman, as Emergency Management Director effective February 25, 2008. Adopted Yeas – 5 Nays – 0 14. Resolution – 08-245 – Establishing the rate of pay for the new classification of Library Aide in Grade 003 of Bargaining Unit 01, AFSCME Clerical, upgrade current classifications represented by AFSCME Clerical of Library Customer Service Assistant I–III and Office Assistant I, and upgrade the Office Assistant I in the Classified Confidential Employees Clerical Bargaining Unit. Adopted Yeas – 5 Nays – 0 15. Resolution – 08-246 – Establishing the rate of pay for the new classification of Senior Prosecutor at Grade 004 of Bargaining Unit 19 Salary Schedule, represented by AFSCME-Legal. Adopted Yeas – 5 Nays – 0 16. Resolution - 08-247 – Approving the change in terms of Neighborhood STAR Program funds for a project in Ward 5. Adopted Yeas – 5 Nays – 0 17. Resolution – 08-248 – Approving the application with conditions, per the Legislative Hearing Officer, for Liquor On-Sale-Over 200 Seats, Liquor On-Sale-Sunday, Bowling Centers, Restaurant (B)–More Than 12 Seats, Entertainment (B), Restaurant (D)–Add-on (Bar Only), Gambling Location, and Food Vending Machine licenses for Minnehaha Lanes, Inc. 955 Seminary Avenue. Adopted Yeas – 5 Nays – 0 18. Resolution – 08-249 - Amending C.F. 08-64 to delete the assessment for property clean- up at 338 Burgess Street. Adopted Yeas – 5 Nays – 0 March 12, 2008 City Council Summary Minutes Page 4 19. Resolution – 08-250 - Amending C.F. 08-127 to delete the assessment for graffiti removal at 1140 Grand Avenue. Adopted Yeas – 5 Nays – 0 20. Resolution – 08-251 – Authorizing the Police Department to enter into a Joint Powers Agreement with the Bureau of Criminal Apprehension (BCA) to participate in the Internet Crimes Against Children (ICAC) Task Force. Adopted Yeas – 5 Nays – 0 21. Resolution – 08-252 – Authorizing the Police Department to enter into an agreement with the Bureau of Criminal Apprehension (BCA) for daily transfer of the Minnesota License Plate Data File. Adopted Yeas – 5 Nays – 0 22. Resolution – 08-253 – Authorizing the Division of Parks and Recreation to enter into a five-year agreement for management of the Orchard Recreation Center by the Blackhawks Soccer Organization. Adopted Yeas – 5 Nays – 0 23. Resolution – 08-254 – Authorizing the Division of Parks and Recreation to apply to the State of Minnesota, Department of Natural Resources, for trails development/renovation matching fund grants for Cherokee Regional Park Regional Trail, Lilydale Regional Park Lakeshore Trail, and Prosperity Heights Park. Adopted Yeas – 5 Nays – 0 24. Resolution – 08-255 – Authorizing the proper City officials to enter into a Cooperative Construction Agreement with MnDOT and Soo Line Railroad Company for reconstruction of the James Avenue railroad crossing. Adopted Yeas – 5 Nays – 0 25. Preliminary Order – 08-256 – In the matter of improving Winifred Street, between Ohio Street and Hall Avenue, by constructing a standard lantern style lighting system and doing all other work necessary to complete said lighting improvement, and setting date of public hearing for April 2, 2008. [File No. 19053] Adopted Yeas – 5 Nays – 0 FOR DISCUSSION 27. Resolution – 08-230 – Ordering the owner to remove or repair the building(s) at 894 Albemarle Street within fifteen (15) days from adoption of resolution. [Public hearing closed and laid over from March 5] (Legislative Hearing Officer's recommendation is forthcoming) March 12, 2008 City Council Summary Minutes Page 5 Marcia Moermond, Legislative Hearing Officer, recommended that the City Council grant 90 days for rehabilitation of this property and refer the matter back to a Legislative Hearing on April 4 for a follow up on a few items. Everything was done the previous week but the work plan was not fully adequate. Council President Lantry moved Ms. Moermond’s recommendation. Adopted as amended (90 days granted for the rehabilitation and referred back to the April 4 Legislative Hearing) Yeas – 5 Nays – 0 26. Progress report by Marcia Moermond, Legislative Hearing Officer, concerning the rehabilitation of 763 Fuller Avenue. (C.F. 08-22 adopted January 9, 2008) (Continued from February 13) Council President Lantry asked if Councilmember Carter spoke to Marcia Moermond about this property. Carter responded that he had not. Lantry stated that there is no action required on this item and that Moermond and Carter can talk about this issue at another time. 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. 28. Final Adoption – 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. (Amended March 5) Councilmember Bostrom moved approval. Adopted Yeas – 5 Nays - 0 29. Second Reading – 08-211 – An ordinance amending Chapter 14A of the Saint Paul Legislative Code, Department of Neighborhood Housing and Property Improvement (NHPI), to reflect the creation of the Department of Safety and Inspections (DSI). Laid over to March 19 for third reading/public hearing 30. Second Reading – 08-212 – An ordinance amending Chapter 33 of the Saint Paul Legislative Code to allow for inspection of high pressure piping. Laid over to March 19 for third reading/public hearing March 12, 2008 City Council Summary Minutes Page 6 31. Second Reading – 08-213 – An ordinance amending Chapter 293.09 of the Saint Paul Legislative Code to include noise variance fees in Chapter 310. Laid over to March 19 for third reading/public hearing 32. Second Reading – 08-214 – An ordinance amending Chapter 329.02 of the Saint Paul Legislative Code to include alarm permit fees in Chapter 310. Laid over to March 19 for third reading/public hearing 33. Second Reading – 08-215 – An ordinance amending Chapter 331A.04 of the Saint Paul Legislative Code to clarify categories of license types as part of the new Environmental Health administrative enforcement system. Laid over to March 19 for third reading/public hearing 34. Second Reading – 08-216 – An ordinance amending Chapter 409.21 of the Saint Paul Legislative Code to clarify gambling regulations. Laid over to March 19 for third reading/public hearing 35. First Reading – 08-257 – An ordinance amending Chapter 33 of the Saint Paul Legislative Code to allow for inspection of high pressure piping. Council President Lantry noted that his item is a duplication of item 30. Withdrawn 36. First Reading – 08-258 – An ordinance amending Chapter 426 of the Saint Paul Legislative Code to allow small (under 50 seats) venues to have entertainment without a license. Councilmember Harris stated that he would like a staff report on this item at the next meeting. Laid over to March 19 for second reading Suspension Item: Council President Lantry moved suspension of the rules to introduce the following resolution: Yeas – 5 Nays – 0 Resolution – 08-259 – Supporting the alternative request to the Legislature to extend the duration of the Downtown/7th Place TIF district until the year 2030 and with the extension, make other adjustments to permit the TIF revenues to be used to support RiverCentre debt and meet development goals in the TIF project area and Event District. Council President Lantry moved approval. Adopted Yeas – 5 Nays – 0 March 12, 2008 City Council Summary Minutes Page 7 Councilmember Harris moved to adjourn the meeting. Yeas – 5 Nays – 0 ADJOURNED AT 3:37 P.M. ATTEST: _____________________________ __________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: __May 7, 2008_____________ Racquel Naylor Minutes approved by Council