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Minutes 6-25-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 25, 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 3:33 p.m. by Council President Lantry. Present – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Thune Absent – 0 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 discussion. Councilmember Bostrom moved approval of the consent agenda as amended. Adopted as amended Yeas – 7 Nays – 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claim of Wanda J. Rodriguez. Referred to Risk Management 2. Summons and Complaint in the matter of Poor People’s Economic Human Rights Campaign vs. the City of Saint Paul, et al. Referred to the City Attorney’s Office 3. Summons and Complaint in the matter of Linda L. Bechtold vs. the City of Saint Paul. Referred to the City Attorney’s Office 4. Letter from Mayor Chris Coleman announcing his veto of Council File 08-464, an ordinance amending Chapter 310 of the Saint Paul Legislative Code to clarify penalties and establish 2:00 a.m. closing license, and Council File 08-465, an ordinance amending Chapter 409 of the Saint Paul Legislative Code to clarify penalties and establish 2:00 a.m. closing license. June 25, 2008 City Council Summary Minutes Page 2 5. Letter from the Department of Safety and Inspections announcing a public hearing before the City Council on August 6, 2008 to consider the appeal of Carol Lansing, Faegre & Benson LP, for Lifetime Fitness, to a decision of the Board of Zoning Appeals denying a parking variance for an expansion of a fitness center, a café addition, and filling the remaining tenant spaces for offices at 2145 Ford Parkway. [ZF 08-093885] 6. Administrative Orders: D002722 Authorizing the Department of Fire and Safety Services to pay for all costs incurred to hold a formal graduation ceremony for the new firefighters on June 20, 2008 at the Paul and Sheila Wellstone Center. D002723 Authorizing the Department of Fire and Safety Services to pay for the Medical Director to attend a meeting in Denver, Colorado on June 17 and 28, 2008 to discuss planning issues for the Republican National Convention. D002724 Amending the 2007 budget in the Department of Planning and Economic Development to make a correction to a previous Neighborhood STAR funding allocation. D002725 Authorizing the Department of Fire and Safety Services to pay for all costs incurred for the “Celebrate a Healthy Heart” event on May 21, 2008 at Fire Station 14. D002726 Amending the 2008 Emergency Management budget in the Department of Fire and Safety Services in order to establish an office area. On file with the City Clerk FOR ACTION 7. Approval of minutes of April 23, 2008. Adopted Yeas – 7 Nays – 0 8. Resolution – 08-659 – Approving the appointments of Angela Burkhalter and Lynn Wild, by Mayor Coleman, to the Police-Civilian Internal Affairs Review Commission. Adopted Yeas – 7 Nays – 0 9. Resolution – 08-660 – Supporting passage of the 2008 Clean Water, Land and Legacy Amendment on the November 4, 2008 state ballot. Adopted Yeas – 7 Nays – 0 10. Resolution – 08-661 – Establishing the rate of pay for the new classification of Facility Manager in Grade 013 of Bargaining Unit 09, Saint Paul Supervisors Organization. Adopted Yeas – 7 Nays – 0 June 25, 2008 City Council Summary Minutes Page 3 11. Resolution – 08-662 – Amending Council File 08-549 to delete the assessment at 930 Albemarle Street for excessive consumption of inspection services for property code violations from September through December 2007. Adopted Yeas – 7 Nays – 0 12. Resolution – 08-663 – Approving the application with conditions, per the Legislative Hearing Officer, for a Cabaret-Class A license for Applause Music, Inc., d/b/a Cheapo Discs, 80 Snelling Avenue North. Adopted Yeas – 7 Nays – 0 13. Resolution – 08-664 – Approving the application, per the Legislative Hearing Officer, for a Pawn Shop license for Red Dog Holdings LLC, d/b/a Maxit Pawn, 482 Robert Street North. Adopted Yeas – 7 Nays – 0 14. Resolution – 08-665 – Memorializing City Council action taken June 4, 2008, denying the appeal for property at 924 Sherburne Avenue. Adopted Yeas – 7 Nays – 0 15. Resolution – 08-666 – Memorializing City Council action taken June 4, 2008 granting the application of Mark Fitzgerald for a Combined Plat for Fitzgerald Addition in order to create two (I1) Industrial parcels at 590 Randolph Avenue (southeast corner at Drake Street). [ZF 08-021-924] Adopted Yeas – 7 Nays – 0 16. Resolution – 08-667 – Approving a $90,000 Cultural STAR loan to the Saint Paul RiverCentre Convention and Visitors Authority. (Discussed after the consent agenda) 17. Resolution – 08-668 – Authorizing the Department of Fire and Safety Service to enter into an agreement with Dakota County Technical College to provide an Emergency Response Driving course for firefighters. Adopted Yeas – 7 Nays – 0 18. Resolution – 08-669 – Authorizing the Director of Parks and Recreation, or a designee, to sign a rental agreement with the VA Medical Center of Minneapolis related to the Star of the North Games and indemnifying the United States, its agents or employees from and against all losses, claims, damages, and liability. Adopted Yeas – 7 Nays – 0 June 25, 2008 City Council Summary Minutes Page 4 19. Resolution – 08-670 – Authorizing the Division of Parks and Recreation to expend funds for food and refreshments for City staff working at the 2008 Hmong Sports Tournament. Adopted Yeas – 7 Nays – 0 20. Resolution – 08-671 – Authorizing the Police Department to accept a donation of grant funding from Bunce Industries, LLC for assistance in purchasing the Hiper Lite+ Forensic Mapping System and accessory items. Adopted Yeas – 7 Nays – 0 21. Resolution – 08-672 – Authorizing the Police Department to enter into an agreement with Independent School District #625 to provide services for the School Resource Officer Program from July 1, 2008 through June 30, 2010. Adopted Yeas – 7 Nays – 0 22. Resolution – 08-673 – Authorizing the Police Department to enter into a Joint Powers Agreement with the City of Braham Police Department for participation in the Internet Crimes Against Children Task Force. Adopted Yeas – 7 Nays – 0 23. Resolution – 08-674 – Authorizing the Police Department to enter into Joint Powers Agreement with the City of Morris Police Department for participation in the Internet Crimes Against Children Task Force. Adopted Yeas – 7 Nays – 0 24. Preliminary Order – 08-675 – In the matter of acquiring property rights needed for right- of-way purposes and temporary construction easements for the public purpose of reconstructing Payne Avenue between Bush Avenue and Edgerton Street, and setting date of public hearing for July 16, 2008. [File No. AE2008-8] Adopted Yeas – 7 Nays – 0 25. Preliminary Order – 08-676 – In the matter of improving Payne Avenue from Edgerton Street to Bush Avenue by reconstructing the street with a new bituminous surface, replacing deteriorated sidewalks, installing bumpouts, planting center medians (where possible), sodding boulevards and planting trees, replacing the existing lighting with an above standard twin-arm lantern lighting system, and setting date of public hearing for July 16, 2008. [File No. 19062, 19062C, 19063] Adopted Yeas – 7 Nays – 0 June 25, 2008 City Council Summary Minutes Page 5 26. Resolution Approving Assessment - 08-677 – In the matter of the assessment of benefits, cost, and expenses for demolition of vacant buildings during April and May 2008 (J0806C); graffiti removal on private properties during April 23 to May 23, 2008 (J0807P); emergency boarding and securing of vacant buildings during April 2008 (J0803B); property clean-up on private property from May 7 to 30, 2008 (J0810A); weekly garbage hauling services from May 14 to 28, 2008 (J0810G); and setting date of Legislative Hearings for July 24, 2008; and City Council public hearings for August 6, 2008. Adopted Yeas – 7 Nays – 0 ------------------------------------------------------------------------------------------------------------ 16. Resolution – 08-667 – Approving a $90,000 Cultural STAR loan to the Saint Paul RiverCentre Convention and Visitors Authority. Councilmember Helgen questioned whether the project was specific to the Visitor’s Centre or the skyway network. Council President Lantry stated she believed that it was a way of finding a system that would be part of a larger, integrated network. Councilmember Thune said the project was a long-range vision and would go way beyond the RNC, although some funding sources had derived from it. They were also working to finalize graphic details of the signage that would come before Council at a later date. Councilmember Harris noted that this was a rare Cultural STAR loan, as opposed to a grant. Thune acknowledged the hard work that had been done by Erin Dady, Director of Marketing and Convention Planning. Councilmember Thune moved approval. Adopted Yeas – 7 Nays – 0 FOR DISCUSSION 27. 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 from June 11] June 25, 2008 City Council Summary Minutes Page 6 Marcia Moermond, Legislative Hearing Officer, recommended laying the matter over for 4-6 weeks due to a prospect for rehabilitation. Councilmember Thune moved to lay over four weeks. Laid over to July 23 Yeas – 7 Nays – 0 28. Resolution – 08-539 – Ordering the owner to remove or repair the building(s) at 874 Aurora Avenue within fifteen (15) days from adoption of resolution. [Laid over from June 18] (Legislative Hearing Officer's recommendation is forthcoming) Marcia Moermond, Legislative Hearing Officer, said she recommended removal within thirty days with much hesitation. After working extensively with the building owner, SMRLS, and two Community Development Corporations, she was not confident there would be a project manager who could see it through from start to finish, nor the financial capacity to complete the work. Condemnation and registered vacant building status dates back to December 2005 and she found it unlikely that the issues would be addressed under the current ownership. It was her hope that someone would come forth in the interim with the means to rehabilitate the structure and that the Council could reconsider at that time. Councilmember Carter stated that with the same amount of hesitation over the unfortunate nature of the situation, he moved approval. Adopted as amended (remove or repair within thirty (30) days with no option for repair, per the recommendation of the Legislative Hearing Officer) Yeas – 7 Nays – 0 29. Resolution – 08-678 – Accepting the Sustainable Saint Paul 2008 Annual Report and Work Plan. A presentation was given by Anne Hunt, Mayor’s Office Deputy Policy Director – Environment that highlighted the environmental initiatives that the City had worked on over the past year. She also stated that a copy of the report is available on the City’s website. Councilmember Helgen thanked the administration for their work and highlighted the carbon disclosure project. Councilmember Helgen moved approval. Adopted Yeas – 7 Nays – 0 June 25, 2008 City Council Summary Minutes Page 7 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. 30. Final Adoption – 08-567 – An ordinance amending Chapter 310.18 of the Saint Paul Legislative Code to establish a license for animal day care and animal boarding. Councilmember Stark moved approval. Adopted Yeas – 7 Nays – 0 31. Final Adoption – 08-568 – An ordinance amending Chapter 310.18 of the Saint Paul Legislative Code to establish a fee for animal day care and boarding. Councilmember Stark moved approval. Adopted Yeas – 7 Nays – 0 32. Final Adoption - 08-607 – An ordinance allowing special permits for extended hours for service of alcoholic beverages in licensed establishments. (Substitute introduced June 11) Councilmember Thune moved approval. Adopted Yeas – 6 Nays – 1 (Helgen) 33. Final Adoption – 08-608 – An ordinance allowing special permits for extended hours for service of 3.2 percent malt liquor in licensed establishments. (Substitute introduced June 11) Councilmember Thune moved approval. Adopted Yeas – 6 Nays – 1 (Helgen) 34. 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. (Amended June 18) Councilmember Bostrom moved approval. Adopted Yeas – 7 Nays – 0 June 25, 2008 City Council Summary Minutes Page 8 35. Second Reading – 08-640 – An ordinance amending Chapter 65 of the Saint Paul Legislative Code pertaining to zoning code regulations for sober houses. Councilmember Stark moved to introduce a substitute ordinance that contained minor language changes for second reading. Substitute introduced and laid over to July 2 for third reading/public hearing Yeas – 7 Nays – 0 Suspension Items: Councilmember Thune moved suspension of the rules to introduce the following resolution: Yeas – 7 Nays – 0 Resolution – 08-680 – Proclaiming June 26, 2008 to be “Jackie Mlynarczyk Day” in the City of Saint Paul. Councilmember Thune thanked Jackie Mlynarczyk for her hard work and vision and moved approval of the resolution. Ms. Mlynarczyk thanked the Council for the honor. Adopted Yeas – 7 Nays – 0 Councilmember Thune moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 (Bostrom absent) Resolution – 08-681 – Proclaiming June 23-29, 2008 to be Pride Week in the City of Saint Paul. Councilmember Thune moved approval. Chris Tykolo accepted the plaque. He thanked the City for being a warm and welcoming place to live. Adopted Yeas – 6 Nays – 0 (Bostrom absent) Councilmember Harris moved suspension of the rules to introduce the following resolution: Yeas – 7 Nays – 0 Resolution – 08-682 – Approving an indemnification clause contained in a Grant Contract anticipated to be entered into with the Minnesota Pollution Control Agency (MPCA), and awarding $45,000 in grants received from the MPCA to assist in planning for sustainable redevelopment of the Ford site. June 25, 2008 City Council Summary Minutes Page 9 Councilmember Harris moved approval. Adopted Yeas – 7 Nays – 0 Council President Lantry moved suspension of the rules to introduce the following ordinance: Yeas – 7 Nays – 0 Ordinance – 08-631 – An ordinance amending Chapter 376 of the Saint Paul Legislative Code to change taxicab fares. Lantry moved to introduce an amended ordinance that contained minor language changes She noted that the language on the agenda would be changed as a matter of course, as fares were not being “deregulated.” Substitute introduced and laid over to July 2 for third reading/public hearing Yeas – 7 Nays – 0 Councilmember Thune noted that the tower from the old Xcel Energy coal plant would be imploded on Saturday, June 28, 2008 at 7:00 a.m. He spoke of the end of an era for the City of Saint Paul. Steve Schmitt, Kent Larson and Jim Zyduck appeared on behalf of Xcel Energy and provided logistical information regarding the implosion. Councilmember Bostrom noted that the old Swedish Bank at the intersection of Case and Payne Avenues would be hosting an ice cream social that afternoon until 6:00 p.m. He noted the HRA’s involvement in the project and highlighted its success as a great restoration. Councilmember Thune moved to adjourn the meeting Yeas – 7 Nays – 0 ADJOURNED at 4:23 P.M. ATTEST: _______________________ ____________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ____September 3, 2008____________ Joan Reidell Minutes approved by Council June 25, 2008 City Council Summary Minutes Page 10