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Minutes 6-11-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 11, 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 – 6 – Bostrom, Harris, Helgen, Lantry, Stark, Thune Absent – 2 – Carter (excused) CONSENT AGENDA (Items 1 - 33) 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. Council President Lantry laid over Item 19 for one week. Councilmember Thune moved approval of the Consent Agenda as amended. Adopted as amended Yeas – 6 Nays – 0 Councilmember Harris acknowledged Dick Weidell, former Ramsey County Commissioner and former Mayor of Shoreview, who died recently. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Judson Bemis, Jr., Mary D. Eischens, and Patrick J. Krieger. Referred to Risk Management 2. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on June 18, 2008 to consider the application of Sherman Associates, Whitall Townhomes, LLC c/o Sherman Associates, for a Preliminary and Final Plat for Whitall townhomes in order to create 18 residential parcels and two outlots at Whitall and Wells Streets, east of Edgerton Street. 3. Letter from the Department of Public Works/Technical Services announcing a public hearing before the City Council on June 18, 2008 to consider the petition of Riverview Economic Development Association to vacate a portion of the corner of Congress and Cesar Chavez Streets in order to consolidate property for redevelopment. (File No. 13- 2007) June 11, 2008 City Council Summary Minutes Page 2 4. Letter from the Department of Safety and Inspections announcing a public hearing before the City Council on July 2, 2008 to consider the appeal of Donald Cameron to a decision of the Board of Zoning Appeals denying two variances in order to split one of the apartment units in a 7-unit building to create an 8th unit at 469-471 Grand Avenue. (ZF 08-082615) 5. Letters from the Department of Safety and Inspections declaring 390 Arlington Avenue East, 903 Burr Street, 686 Charles Avenue, 193 Front Avenue and 964 Woodbridge Stree, 992 Front Avenue, 88 Magnolia Avenue West, 1036 Marshall Avenue, 276 Nugent Street, and 623 Oakdale Avenue as nuisance properties, and setting date of Legislative Hearings for July 8, 2008 and City Council public hearings for August 6, 2008. 6. Letters from the Department of Safety and Inspections declaring 748 Desoto Street, 765 Edgerton Street 749 Fuller Avenue, 1111 McLean Avenue, 2126 Minnehaha Avenue East, and 821 Sylvan Street as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) FOR ACTION 7. Approval of minutes of April 16, 2008. Adopted Yeas – 6 Nays – 0 8. Resolution – 08-576 – Approving the May 1, 2008 through April 30, 2011 Maintenance Labor Agreement between the City and the United Association of Pipefitters, Local 455. (Laid over from June 4 for adoption) Adopted Yeas – 6 Nays – 0 9. Resolution – 08-589 – Approving the January 1, 2008 through December 31, 2010 Labor Agreement between the City of Saint Paul and the Saint Paul Supervisors Organization (SPSO). (Laid over from June 4 for adoption) Adopted Yeas – 6 Nays – 0 10. Resolution – 08-590 – Approving the May 1, 2008 through April 30, 2009 Labor Agreement between the City of Saint Paul and the Operative Plasterers and Cement Masons International Association, Local 633. (Laid over from June 4 for adoption) Adopted Yeas – 6 Nays – 0 11. Report from the Office of Human Resources on Complaints received regarding Administrative Code Chapter 44 – Employee Authority in Immigration Matters. Adopted Yeas – 6 Nays – 0 June 11, 2008 City Council Summary Minutes Page 3 12. Resolution – 08-609 – Approving the reappointment of Mary McColl, by Mayor Coleman, to the Cultural Capital Investment Program (Cultural STAR) Board. Adopted Yeas – 6 Nays – 0 13. Resolution – 08-610 – Approving the reappointment of Michael DeTomaso, by Mayor Coleman, to the Truth in Sale of Housing Board of Evaluators. Adopted Yeas – 6 Nays – 0 14. Resolution – 08-611 – Approving the appointment of Steve Trimble and the reappointments of Richard Faricy, April Haas, Pat Igo, Carole Kralicek, Paul Larson, John Manning, Mark Thomas Shepherd, and Shari Taylor Wilsey, by Mayor Coleman, to the Heritage Preservation Commission. Adopted Yeas – 6 Nays – 0 15. Resolution – 08-612 – Approving the appointment of Kathleen Finnegan Lamey, by Mayor Coleman, to the Saint Paul Neighborhood Network (SPNN) Board of Directors. Adopted Yeas – 6 Nays – 0 16. Resolution – 08-613 – Approving the reappointments of Paul Middleton and Carrie Wasley, by Mayor Coleman, to the Saint Paul Parks and Recreation Commission. Adopted Yeas – 6 Nays – 0 17. Resolution – 08-614 – Approving the reappointment of Cameron Lee Cegelske, by Mayor Coleman, to the Saint Paul Human Rights Commission. Adopted Yeas – 6 Nays – 0 18. Resolution – 08-615 – Authorizing the Police Department to enter into a Joint Powers Agreement with the City of Albert Lea Police Department for their participation in the Internet Crimes Against Children Task Force. Adopted Yeas – 6 Nays – 0 19. Resolution – 08-616 – Authorizing and directing the Administration to amend the City’s contract with Eureka Recycling in order to add collection of household organics to the Citywide Recycling Program beginning in 2009. Laid over to June 18 Yeas – 6 Nays – 0 20. Resolution – 08-617 – Memorializing City Council action taken May 21, 2008 granting the appeal on the condemnation and denying the appeal on the deficiency list for property at 642 Van Buren Avenue, per the recommendation of the Legislative Hearing Officer. Adopted Yeas – 6 Nays – 0 June 11, 2008 City Council Summary Minutes Page 4 21. Resolution – 08-618 – Approving adverse action against the Restaurant (A) 0-12 Seats license application submitted by Nou Vang, d/b/a House of Bamboo and X-Spot, 630 Pierce Butler Route. Adopted Yeas – 6 Nays – 0 22. Resolution – 08-619 – Approving adverse action against the Tree Trimmer & 1 Vehicle license held by James M. Anderson and Eric G. Plut, d/b/a Anderson Tree Services, for the City of Saint Paul. Adopted Yeas – 6 Nays – 0 23. Resolution – 08-620 – Approving adverse action against the City Contractor – Carpentry license held by John T. Carlson, d/b/a Carlson Painting, for the City of Saint Paul. Adopted Yeas – 6 Nays – 0 24. Resolution – 08-621 – Approving adverse action against the City Contractor – Fence license held by Design Fence Company for the City of Saint Paul. Adopted Yeas – 6 Nays – 0 25. Resolution – 08-622 – Approving adverse action against the Massage Practitioner license application submitted by Edgar Andres Solano Paz, d/b/a Andres Paz, 241 Cleveland Avenue South, Suite A-7. Adopted Yeas – 6 Nays – 0 26. Resolution – 08-623 – Approving adverse action against the Massage Practitioner license application submitted by Adrieanna M. Traxler, 1053 Grand Avenue. Adopted Yeas – 6 Nays – 0 27. Resolution – 08-624 – Approving adverse action against the Massage Practitioner license application submitted by Amy Jo Williams, 657 Grand Avenue, #8. Adopted Yeas – 6 Nays – 0 28. Resolution – 08-625 – Approving adverse action against the Massage Practitioner license held by Shelley R. Arlington, 1698 Suburban Avenue. Adopted Yeas – 6 Nays – 0 29. Resolution – 08-626 – Approving adverse action against the Massage Practitioner license held by Kimberly K. Morton, 400 Selby Avenue. Adopted Yeas – 6 Nays – 0 30. Resolution – 08-627 – Approving adverse action against the Massage Practitioner license held by Janice K. Topness, 1375 St. Paul Avenue. Adopted Yeas – 6 Nays – 0 June 11, 2008 City Council Summary Minutes Page 5 31. Resolution – 08-628 – Approving adverse action against the Massage Practitioner license held by Heidi N. Pasela, 165 Western Avenue North. Adopted Yeas – 6 Nays – 0 32. Resolution – 08-629 – Memorializing approval, with conditions, of a permit for interim use of banner signs from August 18 through September 15, 2008 on skyway bridges. Adopted Yeas – 6 Nays – 0 (This item was recalled after Item 34) 33. Resolution Approving Assessment – 08-630 – In the matter of sanitary sewer connections new and/or repairs done at the request of the property owner, and setting date of public hearing for July 2, 2008. Adopted Yeas – 6 Nays – 0 FOR DISCUSSION 34. City Council Recognition of Awards Received by the Office of Media Services, a Division of the Office of Technology and Communications. Council President Lantry explained that on May 22, 2008 the Minnesota Association of Government Communicators recognized the City of Saint Paul and the 2007 Video Programming and Website endeavors. Saint Paul received four awards. (A videotape was shown.) Mike Reardon, Director of Media Services, addressed the Council. Staff from Media Services was present and received awards. Andrea Casselton, Director of Technology, explained the launch of the new City website. Councilmember Helgen moved to recall Item 32. Yeas – 6 Nays – 0 32. Resolution – 08-629 – Memorializing approval, with conditions, of a permit for interim use of banner signs from August 18 through September 15, 2008 on skyway bridges. Erin Dady stated that corporate sponsorship is allowed up to 15% of the total square footage of the skyway banner. They thought 50% of the corporate message and 50% for corporate sponsorship sounded about right. Since that time, she has seen the mockups from the host committee. The welcome message is larger than the 50%, and may be 75%. June 11, 2008 City Council Summary Minutes Page 6 Helgen asked if they can make that change. Gerry Hendrickson, Deputy City Attorney, said that on June 4 there was a report that laid out certain conditions and Council voted approval. This resolution is memorializing it and saying that this is in fact what the Council approved last week. Thune stated that a lot of people worked hard on this to get guidance and regulations. He is willing to trust that the intent to welcome delegates, instead of sending a message from the left and the right, is what they are looking for. He thinks it will work out just fine. Helgen questioned who is involved in accepting or rejecting. Dady responded that on a regular basis it is her department, her assistant Lucie Passus, and YaYa Diatta, Department of Safety and Inspections. She said she would be happy to consult with him as they get the designs. Thune asked about the benefits that come to the City from the selling of this. Dady responded they can generate some revenue for the City of Saint Paul and it is a once in a lifetime opportunity. They got a lot of interest in corporate folks that want to do some unique advertising during the convention. They thought this is a great way to raise money for the City to reinvest in the skyway system and the digital mapping technology that the City has been looking at for some time. First National Bank Building has recently installed some of these kiosks that they would like to put system-wide. They are a Mapquest technology that draws a map on how to get where a person wants to go. They are excited that this could be a great long term benefit to the City for hosting this event. Thune moved approval. Adopted Yeas – 5 Nays – 0 (Harris not present) 35. Resolution – 08-354 – Ordering the owner to remove or repair the building(s) at 152 King Street West within fifteen (15) days from adoption of resolution. (Laid over May 28) Thune moved a two week layover. Laid over to June 25 Yeas – 5 Nays – 0 (Harris not present) 36. Resolution – 08-416 – Ordering the owner to remove the building(s) at 283 Forbes Avenue within fifteen (15) days from adoption of resolution. (Laid over June 4) (Legislative Hearing Officer recommends approval) Thune moved a two month layover. Laid over to August 13 Yeas – 5 Nays – 0 (Harris not present) June 11, 2008 City Council Summary Minutes Page 7 37. Resolution – 08-543 – Ordering the owner to remove or repair the building(s) at 780 Jackson Street within fifteen (15) days from adoption of resolution. (Laid over June 4) (Legislative Hearing Officer’s recommendation is forthcoming) Helgen moved a six week layover to allow the Department of Safety and Inspections to do their code inspection work. They would then like to see if there are interested parties. Laid over to July 23 Yeas – 5 Nays – 0 (Harris not present) 38. Resolution – 08-544 – Ordering the owner to remove or repair the building(s) at 214 Maple Street within fifteen (15) days from adoption of resolution. (Laid over June 4) (Legislative Hearing Officer's recommendation is forthcoming) Legislative Hearing Officer Marcia Moermond reported that the last of the information is in. They have a letter from the bank confirming the correct address and the money is available for the rehabilitation. She recommended allowing 180 days for the rehabilitation. Lantry moved 90 days, as she wants to make sure that the owner understands they are to move forward with this rehabilitation. Adopted as amended (90 days granted to remove or repair the building) Yeas – 5 Nays – 0 (Harris not present) 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. 39. Final Adoption – 08-552 – An ordinance amending Chapter 43 of the Saint Paul Legislative Code clarifying the definition of vacant buildings and amending the regulation of fire damaged vacant buildings. (GS 3054232) Councilmember Bostrom moved a change on Line 61 from 12 months to 24 consecutive months that the building has been vacant saying that this will get the financial institutions to take the City seriously and do something. He has talked to people from the banking industry about the problems they have with foreclosures and that it takes awhile for them to get in the building. They thought they could do it in 18 months and 24 months will give them plenty of time. Substitute introduced and laid over to June 18 for final adoption Yeas – 5 Nays – 0 (Harris not present) June 11, 2008 City Council Summary Minutes Page 8 40. 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 and amended June 4) Lantry noted that the amended ordinance did not meet the requirement of being in the City Clerk’s Office for one week and would have to be laid over another week. Bostrom moved a one week layover Laid over to June 18 for final adoption Yeas – 5 Nays – 0 (Harris not present) 41. Second Reading - 08-607 – An ordinance allowing special permits for extended hours for service of alcoholic beverages in licensed establishments. Thune moved to introduce a substitute ordinance. Substitute introduced and laid over to June 18 for third reading/public hearing Yeas – 5 Nays – 0 (Harris not present) 42. Second Reading – 08-608 – An ordinance allowing special permits for extended hours for service of 3.2 percent malt liquor in licensed establishments. Thune moved to introduce a substitute ordinance Substitute introduced and laid over to June 18 for third reading/public hearing Yeas – 5 Nays – 0 (Harris not present) 43. First Reading – 08-631 – An ordinance amending Chapter 376 of the Saint Paul Legislative Code to deregulate taxicab fares. Thune introduced to introduce a substitute ordinance. Substitute introduced and laid over to June 18 for second reading Yeas – 5 Nays – 0 (Harris not present) June 11, 2008 City Council Summary Minutes Page 9 Councilmember Thune moved to adjourn the meeting. Yeas – 5 Nays – 0 ADJOURNED at 3:59 P.M. ATTEST: ________________________ __________________________ _ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: September 3, 2008 ______ _ Racquel Naylor Minutes approved by Council