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Minutes 7-09-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 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 by President Lantry at 3:34 p.m. Present – 7 – Bostrom, Carter, Harris, Helgen, Lantry, Stark, Thune Absent – 0 – CONSENT AGENDA (Items 1 - 23) 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. It was noted that Item No. 9 will be laid over to July 16. At the request of Councilmember Harris, Item 14 was removed from the Consent Agenda for separate consideration, and at the request of Councilmember Stark, Item 20 was removed from the Consent Agenda for separate consideration. Councilmember Harris moved approval of the Consent Agenda as amended. Adopted Yeas - 7 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Ted Dooley Law Office (for Michael Hugh Kelly), and Mary M. Miller. Referred to Risk Management 2. Letter from the Office of the City Attorney announcing a public hearing before the City Council on July 16, 2008 to consider adverse action against all licenses held by Selam Restaurant, Inc., d/b/a Flamingo, 490 Syndicate Street North. 3. Letter from the Office of the City Attorney announcing a public hearing before the City Council on July 16, 2008 to consider adverse action against the Cigarette/Tobacco license held by Tala Tobacco Shop, Inc., 279 McKnight Road South. July 9, 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 July 16, 2008 to consider the report of the Administrative Law Judge concerning adverse action against all licenses held by International Network Association, Inc., d/b/a Luxor Lounge, 719 Dale Street North. 5. Letters from the Office of the City Attorney to Carol D. Aegerter, Minnesota Children’s Museum; Sherri Eriksrud, Macy’s; Betsy George, CB Richard Ellis, Inc.; Chris Laird, St. Joseph’s Hospital-Healtheast Care System; Barb Lenahan, McCollough Companies; Mehrshad Parsakalleh, St. Paul City Hall/Ramsey County Courthouse; Maureen Smith, Grubb & Ellis Management Services, Inc.; Pat Wolf, Commercial Real Estate Services, Inc.; and Cha You, Warren E. Burger United States Courthouse, announcing a public hearing before the City Council on July 16, 2008 to address requests for an exception to general hours of skyway operation. 6. Letter from the Department of Safety and Inspections/Code Enforcement declaring 666 and 667 Blair Avenue as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if necessary.) FOR ACTION 7. Approval of minutes of May 7, 14, and 21, 2008. Adopted Yeas - 7 Nays - 0 8. Resolution – 08-683 – Approving the Memorandum of Agreement between the City and the International Brotherhood of Electrical Workers Local 110, 2008 Wage and Fringe Adjustment. [Laid over from July 2 for adoption] Adopted Yeas - 7 Nays - 0 9. Resolution – 08-720 – Approving the May 1, 2008 through April 30, 2011 Maintenance Labor Agreement between the City of Saint Paul and the Sheet Metal Workers International Association, Local 10. (To be laid over to July 16 for adoption) Adopted Yeas - 7 Nays - 0 10. Resolution – 08-721 – Approving the appointment of Matt Anfang, by Mayor Coleman, to the Board of Water Commissioners. Adopted Yeas - 7 Nays - 0 11. Resolution – 08-722 – Approving the appointment of William Carter III, by Mayor Coleman, to the Civil Service Commission. Adopted Yeas - 7 Nays - 0 July 9, 2008 City Council Summary Minutes Page 3 12. Resolution – 08-723 – Authorizing Mayor Chris Coleman and Joe Spencer, Mayor’s Policy Associate, to expend City funds for travel to Chicago for the purpose of researching and touring three historic theaters to help the City’s efforts and to serve a public purpose to find an appropriate redevelopment of the Palace Theatre. Adopted Yeas - 7 Nays - 0 13. Resolution – 08-724 – Authorizing payment in the amount of $17,000.00 to Quira Jackson in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 15. Resolution – 08-726 – Memorializing City Council action taken June 18, 2008 granting 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. ( Adopted Yeas - 7 Nays - 0 16. Resolution – 08-727 – Waiving the 45-day notification requirement and granting, with conditions, on-sale liquor (100 seats or less) and Sunday on-sale liquor licenses to H & K of Saint Paul, Inc., d/b/a Moonshine Saloon, 1179 East Seventh Street. Adopted Yeas - 7 Nays - 0 17. Resolution – 08-728 – Approving the application, with conditions per the Legislative Hearing Officer, for Gas Station, Retail Food (C) - Grocery 1001-3000 sq. ft. Restaurant (2) - 1-12 Seats, and Cigarette/Tobacco licenses by Schauer, LLC, d/b/a Mini Pac, 1184 Maryland Avenue East. Adopted Yeas - 7 Nays - 0 18. Resolution – 08-729 – Authorizing the donation of two horses from the Police Department, Mounted Patrol Unit, to Friends of the Saint Paul Mounted Police. Adopted Yeas - 7 Nays - 0 19. Resolution – 08-730 – Authorizing the Police Department to enter into a Joint Powers Agreement with the Minnesota Joint Analysis Center to collect, evaluate, analyze, and disseminate information regarding organized criminal, terrorist, and all hazards activity in the State of Minnesota. Adopted Yeas - 7 Nays - 0 21. Resolution Approving Assessment – 08-732 – In the matter of the assessment of benefits, cost, and expenses for repair of sanitary sewer connections from January to June 2008, and setting date of public hearing for August 20, 2008. [File No. SWRP0801] Adopted Yeas - 7 Nays - 0 July 9, 2008 City Council Summary Minutes Page 4 22. Resolution Approving Assessment – 08-733 – In the matter of the assessment of benefits, cost, and expenses for replacement of lead water service lines, as requested by the property owner, from January to June 2008, and setting date of public hearing for August 20, 2008. [File No. 0801LDSRP] Adopted Yeas - 7 Nays - 0 23. Resolution Approving Assessment – 08-734 – In the matter of the assessment of benefits, cost and expenses for towing abandoned vehicles from private properties during March 2008 [J0802V]; summary abatement (property cleanup) on private property from May 22 to June 11, 2008 [J0811A]; providing weekly garbage hauling services from June 4 to 11, 2008 [J0811G]; and setting date of Legislative Hearings for August 5, 2008 and City Council public hearings for August 20, 2008. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 24. Recognition of the Keith Kennedy search party by Fire Chief Tim Butler. Council President Lantry and Mayor Coleman acknowledged and honored St. Paul Firefighters who played an integral part in the search and rescue of Keith Kennedy. Mrs. Kennedy, mother of Keith, thanked all those involved during the entire search and rescue efforts and stated she will be eternally grateful. 14. Resolution – 08-725 – Accepting the donation of six benches for installation at Cherokee Park and 41 replacement benches for installation at River Gorge Regional Park (along Mississippi River Boulevard) from Saint Paul – Ramsey County Public Health through their “Pathways to Health” program. Councilmember Harris moved to lay over for two week. Laid over to July 23 Yeas - 7 Nays - 0 20. Resolution – 08-731 – Adopting the Municipal Consent Plan for the Central Corridor LRT Project. Councilmember Stark introduced and explained a substitute resolution. Councilmember Carter spoke in support of the substitute resolution and acknowledged neighborhood groups and citizens who have worked on this plan. Councilmember Stark moved approval of the substitute resolution. Substitute introduced and adopted Yeas - 7 Nays – 0 July 9, 2008 City Council Summary Minutes Page 5 26. Resolution – 08-414 – Ordering the owner to remove the building(s) at 22 Douglas Street within fifteen (15) days from adoption of resolution. (Public hearing held, and laid over May 7; laid over June 18) Councilmember Thune moved to lay over six months. Laid over to January 14, 2009 Yeas - 7 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. 27. Final Adoption – 08-631 – An ordinance amending Chapter 376 of the Saint Paul Legislative Code to change taxicab fares. (Substitute introduced June 25) Councilmember Thune moved approval of the ordinance. Adopted Yeas - 7 Nays - 0 28. Final Adoption – 08-640 – An ordinance amending Chapter 65 of the Saint Paul Legislative Code pertaining to zoning code regulations for sober houses. (Substitute introduced June 25) Councilmember Stark said he has worked long and hard on this issue, and he referred to and read a prepared statement pertaining to sober house regulations. He said he believes the ordinance before Council has reached the needs and rights of sober houses as well as the City, and he moved approval of the ordinance. Councilmember Harris said this has been a difficult issue for him and he referred to his past work in a social service agency. He spoke in support of the ordinance and said he believes, by its adoption, it will not have a negative impact on the ability for a health recovery. Councilmember Harris thanked Councilmember Stark for his work on this issue. Adopted Yeas - 7 Nays - 0 30. 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. (Adopted June 25, 2008; reconsidered and amended July 2, 2008 and laid over for final adoption) Councilmember Bostrom moved approval Adopted Yeas - 7 Nays - 0 July 9, 2008 City Council Summary Minutes Page 6 25. Report from Police Chief Harrington and Christine Rozek, Department of Safety and Inspections on the strategic enforcement campaign directed at liquor establishments with a history of problem behaviors. (Report requested by Council on June 25) Police Chief Harrington appeared and presented an update on their initiative, answered questions of Councilmembers, and explained that this is an on-going process (Councilmember Bostrom left the meeting at this point) Christine Rozek, Department of Safety and Inspections (DSI) said coordinated meetings are continuing to be held between DSI and the Vice Unit. She distributed an updated list on establishments with pending adverse actions. Ms. Rozek stated the Minnesota Liquor Association has expressed their willingness to meet with and mentor owners of troubled establishments who are looking for assistance. At the request of Councilmember Helgen, Ms. Rozek said she will provide a report on recommendations made from the meetings between DSI and the Vice Unit, noting that the regularly scheduled weekly meeting with Assistant City Attorney Rachel Tierney will continue. 29. Second Reading – 08-695 – An ordinance amending Chapter 55 of the Saint Paul Legislative Code entitled “Uniform Fire Code” by adding a new section 55.08 charging fees for excessive fire alarm malfunctions. Laid over to July 16 for third reading/public hearing Councilmember Helgen moved suspension of the rules to introduce the following resolution: Yeas - 6 Nays - 0 Resolution - 08-735 - Approving license application with conditions, per the Legislative Hearing Officer, for a Second Hand Dealer-Motor Vehicle License for Jackson Avenue Sales LLC d/b/a Jackson Auto Sales, 1200 Jackson Street. Helgen moved approval Adopted Yeas - 6 Nays - 0 Councilmember Helgen moved suspension of the rules to introduce the following resolution: Yeas - 6 Nays - 0 July 9, 2008 City Council Summary Minutes Page 7 Resolution - 08-736 - Approving the license application with conditions, per the Legislative Hearing Officer, for a Second Hand Dealer-Motor Vehicle and Auto Repair Garage Licenses for Jackson Avenue Sales LLC d/b/a Jackson Auto Sales, 1202 Jackson Street. Councilmember Helgen moved approval Adopted Yeas - 6 Nays - 0 Councilmember Carter moved to adjourn the meeting. Yeas - 6 Nays - 0 ADJOURNED AT 4:25 P.M. ATTEST: ______________________ __________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ____October 15, 2008________ Pattie Kelley Minutes approved by Council