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Minutes 4-09-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 9, 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 3:30 p.m. by Council President Lantry. Present – 5– Carter, Helgen, Lantry, Stark, Absent – 2 – Bostrom and Harris (excused), Thune (arrived after roll call) CONSENT AGENDA (Items 1 - 26) 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 removed Item 16 for separate consideration. Councilmember Stark moved approval of the consent agenda as amended. Adopted as amended Yeas – 5 Nays – 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Kari L. Jerikovsky, John W. Nielsen, Michael A. Picha, and Mike R. Tetrault. Referred to Risk Management 2. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on April 16, 2008 to consider the application of TC Habitat for Humanity (Mike Nelson) to rezone property at 1611 Case Avenue, between Herbert Street and Germain Court, from L1 Light Industrial to R4 One-Family Residential. [ZF 08-031-543] 3. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on April 16, 2008 to consider the application of CSLK LLC to rezone property at 647 Victoria Street South, northwest corner at 7th Street, from R4 One-Family Residential to RM2 Medium-Density Multiple Family Residential in order to convert the existing residence to a duplex. [ZF 08-032-016] April 9, 2008 City Council Summary Minutes Page 2 4. Letters from the Department of Safety and Inspections declaring 985 Burr Street, 516 Farrington Street, 267 Forbes Avenue, 521 Minnehaha Avenue East, 1849 Nevada Avenue, 371 Smith Avenue North, 285 Topping Street, and 126 Winnipeg Avenue as nuisance properties and setting date of Legislative Hearings for May 13, 2008, and City Council Public Hearings for June 4, 2008. 5. Letter from the Department of Safety and Inspections declaring 371 Smith Avenue North as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if necessary.) 6. Administrative Orders: D002707 Authorizing the Division of Parks and Recreation to spend up to $4,818.00, from monies received from participants, for a trip to Afton Alps Ski Area on February 17, 2008 for the Como Ski Center graduates and their families. D002708 Amending the spending plans in the Department of Public Works Right- of-Way Maintenance Fund in order to perform safety repairs and reconditioning of the Reach All UB60 Inspection Truck. D002709 Amending the spending plans in the Department of Public Works General Fund activities by moving under-spending to small overages to balance actual spending against adjusted budgets. D002710 Authorizing the Library to spend up to $700.00 for a reception on March 27, 2008 at the Public Library Association Conference in Minneapolis. On file in the City Clerk’s Office FOR ACTION 7. Resolution – 08-361 – Approving the January 1, 2008 through December 31, 2010 Collective Bargaining Agreement between the City and the International Union of Elevator Constructors, Local 9. (To be laid over one week for adoption) Laid over to April 16 for adoption 8. Resolution – 08-362 – Approving the January 1, 2008 through December 31, 2010 Labor Agreement between the City of Saint Paul and the Saint Paul Manual and Maintenance Supervisors Association. (To be laid over one week for adoption) Laid over to April 16 for adoption April 9, 2008 City Council Summary Minutes Page 3 9. Resolution – 08-363 – Approving the January 1, 2008 through December 31, 2010 Collective Bargaining Agreement and Memorandum of Agreement regarding On Call between the City of Saint Paul and the Professional Employees Association, Inc. (To be laid over one week for adoption) Laid over to April 16 for adoption 10. Resolution – 08-364 – Approving the January 1, 2008 through December 31, 2010 Memorandum of Agreement between the City of Saint Paul and the International Association of Machinists #77 regarding retiree health insurance benefits. (To be laid over one week for adoption) Laid over to April 16 for adoption 11. Resolution – 08-365 – Approving the public purpose for the annual Employee Picnic and granting permission for the City Employee Picnic Committee to spend City funds and also to solicit for and accept donations on behalf of the City which will help finance the picnic on August 12, 2008. Adopted Yeas – 5 Nays – 0 12. Resolution 08-366 – Authorizing the appropriate City officials to enter into a lease agreement with Saint Paul Intervention Project on behalf of the Partnership for Domestic Abuse Services. Adopted Yeas – 5 Nays – 0 13. Resolution – 08-367 – Authorizing the Human Rights Department to receive $3,000.00 from the United States Equal Employment Opportunity Commission to implement and promote the “Prejudice Isn’t Welcome” strategy to prevent prejudice, racism and discrimination. Adopted Yeas – 5 Nays – 0 14. Resolution – 08-368 – Approving the appointment of Jonathan Carter (Byrne) and Betsy Mowry (Nelson) and the reappointments of Peter Phia Pha and Therese Kelly, by Mayor Coleman, to the Saint Paul Parks and Recreation Commission. Adopted Yeas – 5 Nays – 0 15. Resolution – 08-369 – Approving the appointment of Ali Farah Egal (Guerrero), by Mayor Coleman, to the Saint Paul Human Rights Commission. Adopted Yeas – 5 Nays – 0 16. Resolution – 08-370 – Authorizing an amendment to the Joint Powers Agreement for the Consolidated Ramsey County-City of Saint Paul Workforce Investment Program. (Discussed after the consent agenda) April 9, 2008 City Council Summary Minutes Page 4 17. Resolution – 08-371 – Authorizing the Department of Fire and Safety Services to enter into a Joint Powers Agreement to extend the use of the City’s Computer Aided Dispatch (CAD) system wireless capability to the City of North St. Paul. Adopted Yeas – 5 Nays – 0 18. Resolution – 08-372 – Authorizing the Department of Fire and Safety Services to enter into a Joint Powers Agreement to extend the use of the City’s Computer Aided Dispatch (CAD) system wireless capability to the City of Roseville. Adopted Yeas – 5 Nays – 0 19. Resolution – 08-373 – Authorizing the Department of Fire and Safety Services to enter into a Joint Powers Agreement to extend the use of the City’s Computer Aided Dispatch (CAD) system wireless capability to the City of White Bear Lake. Adopted Yeas – 5 Nays – 0 20. Resolution – 08-374 – Memorializing City Council action taken March 19, 2008 revoking all licenses held by Billy Neng Yang, d/b/a Asian Cuisine, 945 Rice Street, Suite A. Adopted Yeas – 5 Nays – 0 21. Resolution – 08-375 – Approving the application, per the Legislative Hearing Officer, for second hand dealer-motor vehicle parts and auto repair garage licenses by Robert Osterman for Bob’s Auto Services, 1335 Prosperity Avenue. Adopted Yeas – 5 Nays – 0 22. Resolution – 08-376 – Authorizing the Police Department to enter into a Joint Powers Agreement for participation in the Minnesota Financial Crimes Task Force. Adopted Yeas – 5 Nays – 0 23. Resolution – 08-377 – Authorizing the Police Department to enter into an agreement with the State of Minnesota Department of Public Safety for an Integrated Domestic Violence Response Framework Grant Program. Adopted Yeas – 5 Nays – 0 24. Resolution – 08-378 – Authorizing the Police Department to an agreement with the Statement of Minnesota for a 2007 Homeland Security Grant Program for funding for equipment and training for bomb technicians. Adopted Yeas – 5 Nays – 0 25. Resolution – 08-379 – Authorizing the Department of Public Works to expend funds, not to exceed $26,953.00, for an employee training event on Diversity on April 29, 2008 at the Holiday Inn, St. Paul East. Adopted Yeas – 5 Nays – 0 April 9, 2008 City Council Summary Minutes Page 5 26. Resolution Approving Assessment – 08-380 – In the matter of the assessment of benefits, cost, and expenses for demolition of vacant buildings during March 2008 [J0803C]; towing abandoned vehicles from private properties from September to December 2007 [J0707V]; summary abatement (property cleanup) on private properties from February 28 to March 11, 2008 [J0805A]; providing weekly garbage hauling services from March 5-7, 2008 [J0805G]; and setting date of Legislative Hearings for May 6, 2008 and City Council Public Hearings for May 21, 2008. Adopted Yeas – 5 Nays – 0 ------------------------------------------------------------------------------------------------------------ 16. Resolution – 08-370 – Authorizing an amendment to the Joint Powers Agreement for the Consolidated Ramsey County-City of Saint Paul Workforce Investment Program. Councilmember Helgen stated that the Workforce Investment Board (WIB) had previously been a large and complicated committee structure made up of over 50 people. Work had been done to refine the system and scale it down to a manageable size after conversation with the County and the WIB regarding the continued importance of its work. He also stated that Wendy Underwood had done a good job of ensuring quality appointments to the Board from the City and business community. Councilmember Helgen moved approval. Adopted Yeas – 5 Nays - 0 FOR DISCUSSION 27. Resolution – 08-341 – Amending the financing and spending plans in the Division of Parks and Recreation by adding $290,000.00 for a STAR Grant and STAR Loan as well as matching funds from the Friends of Baseball for financing the Dunning Field Lighting Project. (Public hearing held and laid over from April 2) (GS 3049431) Council President Lantry stated that Councilmember Harris had received answers from Margaret Egan, Chief Budget Analyst, to all of his questions from the previous meeting and was satisfied. Councilmember Carter moved approval. Adopted Yeas – 5 Nays – 0 April 9, 2008 City Council Summary Minutes Page 6 28. Resolution – 08-350 – Ordering the owner to remove or repair the building(s) at 839 Aurora Avenue within one hundred-eighty (180) days from adoption of resolution. (Public hearing held and laid over from April 2) (GS 3049373) (Legislative Hearing Officer recommends approval) Legislative Hearing Officer, Marcia Moermond, stated that the resolution was incorrectly labeled as 15 days for removal or repair at the time of the public hearing. The agenda accurately reflects the 180 days that had been recommended at the time of the public hearing. Councilmember Carter moved approval. Adopted Yeas – 5 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. PUBLIC HEARINGS ON ORDINANCES ARE HELD AT THE THIRD READING. 29. Final Adoption – 08-153 – An ordinance amending Chapter 140 of the Saint Paul Legislative Code to establish uniform skyway hours. (Substitute introduced and laid over April 2 for final adoption) Councilmember Thune moved approval. Adopted Yeas – 5 Nays – 0 30. Final Adoption – 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. (Substitute introduced April 2) Councilmember Thune stated he was the owner of a venue at which the ordinance may be applicable. He consulted with Jerry Hendrickson of the City Attorneys Office, and abstained from voting to avoid a potential conflict of interest. Adopted Yeas – 4 Nays – 0 Abstention – 1 (Thune) 31. Third Reading – 08-319 – An ordinance memorializing City Council action granting the appeal of the University of St. Thomas to rezone property at 2076 Grand Avenue from B2 (Community Business) to RM2 (Medium-Density Multiple-Family Residential). [ZF 07- 224-335] (Public hearing held March 5, 2008) Laid over to April 16 for final adoption April 9, 2008 City Council Summary Minutes Page 7 32. Third Reading – 08-320 – An ordinance memorializing City Council action granting the appeal of William Edrington to rezone property at 180 George Street West from RT1 (Two-Family Residential) to RT2 (Townhouse Residential) to legalize a triplex. [ZF 07- 179-179] (Public hearing held March 5, 2008) Laid over to April 16 for final adoption 33. Second Reading – 08-340 – An ordinance establishing zoning overlay requirements for the Central Corridor area to implement the Central Corridor Development Strategy which was adopted by the City Council as a chapter of the Comprehensive Plan in October 2007. Laid over to April 16 for third reading/public hearing 34. First Reading – 08-381 – An ordinance amending Chapter 376 of the Saint Paul Legislative Code to allow licensed taxi drivers from other cities to pick up in Saint Paul under certain conditions. Laid over to April 16 for second reading 35. First Reading – 08-382 – An ordinance amending Chapter 376 of the Saint Paul Legislative Code to outline fees for reciprocity event taxi licenses. Laid over to April 16 for second reading 36. First Reading – 08-383 – An ordinance amending Chapter 40 of the Saint Paul Legislative Code to adjust the inspection points allocated to one and two family dwellings under Fire Certificate of Occupancy Classification System. Laid over to April 16 for second reading Suspension Items: Councilmember Carter moved suspension of the rules to introduce the following resolution: Yeas – 5 Nays – 0 Resolution – 08-385 – Requesting the Governor and the Minnesota Legislature to not adjourn from the 2008 legislative session without an appropriation of at least $70 million for the Central Corridor. Adopted Yeas – 5 Nays – 0 Councilmember Carter stated that the construction of the light rail line has been agreed to be critical for the future of the City, the region, and the State. He called upon the State to work to find the local funding that is needed to receive the federal funding. Councilmember Carter moved approval. Adopted Yeas – 5 Nays – 0 April 9, 2008 City Council Summary Minutes Page 8 Councilmember Helgen expressed his disappointment in the line-item veto from the Governor for its impact on the City. He also thanked the Administration for their work on the inclusion of the City projects in the original bonding bill. Council President Lantry moved suspension of the rules to introduce the following resolution: Yeas – 5 Nays – 0 Resolution – 08-386 – Appointing special outside counsel pursuant to Section 5.02 of the Saint Paul City Charter. Council President Lantry stated that the resolution appointed outside counsel, Mark Ireland. Council President Lantry moved approval. Adopted Yeas – 5 Nays – 0 Council President Lantry moved suspension of the rules to introduce the following resolution: Yeas – 5 Nays – 0 Resolution – 08-387 – Authorizing the City to accept a grant in the amount of $252,450.00 from the Minnesota Housing Finance Agency to hire mortgage foreclosure prevention counselors for a ten-month period. Council President Lantry stated that the resolution was brought under suspension as the grant money needed to be accepted by April 11, 2008. Council President Lantry moved approval. Adopted Yeas – 5 Nays – 0 Councilmember Thune moved to adjourn the meeting. Yeas – 5 Nays – 0 ADJOURNED at 3:46 PM. ATTEST: ______________________ ___________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ___May 14, 2008 ____ Joan Reidell Minutes approved by Council