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Minutes 3-14-2007 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 14, 2007 - 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.ci.stpaul.mn.us/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 –Benanav, Bostrom, Harris, Lantry, Montgomery Absent – 2 – Thune (excused); Helgen (arrived after roll call) Suspension Items: Councilmember Bostrom moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-254 – Establishing a financing and spending plan in the Police Department for the purchase of crime lab equipment for drug test processing. Senior Commander Tim Lynch appeared and stated that all of the machines in the crime lab are outdated. The drug testing equipment is a 1996 machine with an expected life of six years. It is used for multiple drug tests every day. Councilmember Bostrom stated that at one time the Council prioritized some issues that they wanted moved up on the Legislative Agenda. One item pertained to a DNA testing device which was rated low as a priority. Shortly after that, there was a DNA match to a crime suspect. The DNA sample had been obtained in September and it was almost March before the results came back. This is an example of the dire need for updated equipment and the necessity of receiving funding. Councilmember Bostrom moved approval. Adopted Yeas – 6 Nays – 0 March 14, 2007 City Council Summary Minutes Page 2 Councilmember Bostrom moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-255 – Authorizing the Department of Fire and Safety Services to submit a proposal to the Minnesota Department of Public Safety to provide service as a hazardous materials emergency response team. Council President Lantry explained that this resolution gives the Fire Department authority to submit a proposal for a state contract. Councilmember Montgomery moved approval. Adopted Yeas – 6 Nays – 0 Councilmember Montgomery moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-256 – Recognizing and congratulating the outstanding students, principal, and staff of Benjamin E. Mays School which was recently authorized as an International Baccalaureate/Primary Years Program School. Councilmember Montgomery stated that Benjamin E. Mays School received the designation of an International Baccalaureate/Primary Years Program, a significant recognition. They are the sixth school in the state to receive this designation. Councilmember Montgomery read the resolution. School Principal Graneze Fretwell extended appreciation for this honor and said the City of Saint Paul has been very supportive of the IB Program. The elementary IB Program is only about six-years old in the world. Minnesota is on the cutting edge as there are only a few states in the country that have the elementary program. Ms. Fretwell recognized Dr. Hall, Coordinator for the IB Program, Ms. Thomas, Ms. Yost, and Ms. Kateland staff members who have also done a great job. She also thanked parents Ms. Youssuf, Ms. Morgan, and Ms. Kennedy who were instrumental in the authorization supporting the school throughout the process and spoke highly of the program and the school to the authorization team. Ms. Fretwell introduced Mr. Anderson, a supporter of the school for the past 25 years. She also extended her thanks and appreciation to Ms. Shawntera Hardy and Ms. Angela Burkhalter for their support of the school. March 14, 2007 City Council Summary Minutes Page 3 The Council extended their thanks to the teachers and students for their hard work. Councilmember Montgomery moved approval Adopted Yeas – 6 Nays – 0 CONSENT AGENDA (Items 1 - 24) 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 Bostrom requested Item 18 be removed for discussion. Councilmember Bostrom moved approval of the consent agenda as amended. Yeas – 6 Nays – 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Judd Andrews, Abdullahi Anshoor, Imer Balidemaj, Sara Frailich, Donna Holman, Cortney Kamp, Jerry Kamp, Tilahun Getachew, Theresa Hansen, Greg Johnson, Louise McColl, John Nieszner, Steven Nightengale, Abel Ogbazghi, Samuel Paul, Jason Semerad, Melvin D. Smith, Tauriette Smith, Jon Springer, and Ida Vishnyak. Referred to Risk Management 2. Petition for Writ of Certiorari, etc. in the matter of Countrywide Home Loans, Inc. vs. the City of Saint Paul. (1897 Feronia Avenue) Referred to the City Attorney’s Office 3. Letter from the Office of the City Attorney announcing an Administrative Hearing on March 21, 22 and 23, 2007 at 9:30 a.m., Room 220 – County Commissioners Office, City Hall/Courthouse, 15 West Kellogg Boulevard, to consider all licenses held by DRJ, Inc., d/b/a Diva’s Overtime Lounge, 1141 Rice Street. 4. Administrative Orders: D002628 Transferring budget authority to provide sufficient funding at the budgetary control level of the Parks and Recreation 2007 General Fund 001. D002629 Authorizing the Police Department Professional Development Institute to sponsor training courses from January through December, 2007. D002630 Authorizing the Police Department Professional Development March 14, 2007 City Council Summary Minutes Page 4 Institute to sponsor training courses from January through December, 2007, and provide continental breakfasts not to exceed $2,499.00. On file in the City Clerk’s Office FOR ACTION 5. Resolution – 07-197 – Approving the 2007 Labor Agreement between the City of Saint Paul and the Classified Confidential Employees Association. (Laid over from March 7 for adoption) Adopted Yeas – 6 Nays – 0 6. Resolution – 07-235 – Approving the Memorandum of Agreement between the City and Classified Confidential Employees Association – Professional. (To be laid over one week for adoption) Laid over to March 21 for adoption 7. Resolution – 07-236 – Establishing spending and financing plans for Consolidated Dispatch Operation. Adopted Yeas – 6 Nays – 0 8. Resolution – 07-237 – Authorizing the City to receive funds from the Minnesota Pollution Control Agency for Environmental Assistance Grant. Adopted Yeas – 6 Nays – 0 9. Resolution – 07-238 – Approving the appointment of Donald Grundhauser, by Mayor Coleman, to the Capitol Area Architectural Planning Board. Adopted Yeas – 6 Nays – 0 10. Resolution – 07-239 – Approving the appointments of Sgt. Jim Gray and Robert McClain, by Mayor Coleman, to the Police Civilian Review Commission. Adopted Yeas – 6 Nays – 0 11. Resolution – 07-240 – Approving the appointments of Michael Margulies, Eduardo Barrera, Bob Spaulding, and Barb Wencl, and the reappointments of Erick Goodlow, Stephen Gordon, George Johnson, Yung-Kang Lu, and Gladys Morton, by Mayor Coleman, to the Saint Paul Planning Commission. Adopted Yeas – 6 Nays – 0 12. Resolution – 07-241 – Approving the appointments of JaPaul Harris and Neng Vue, and March 14, 2007 City Council Summary Minutes Page 5 the reappointments of Darryl Spence, Kelly Milam, and Manuel Guerrero, by Mayor Coleman, to the Saint Paul Human Rights Commission. Adopted Yeas – 6 Nays – 0 13. Resolution – 07-242 – Approving the appointments of Rudy Guglielmo, Jr. and Sarah Bellamy, by Mayor Coleman, to the Cultural Capital Investment Program (Cultural STAR) Board. Adopted Yeas – 6 Nays – 0 14. Resolution – 07-243 – Authorizing the City to extend loans made under the Neighborhood STAR and Cultural STAR Programs for Circus of the Star, d/b/a Circus Juventas, 1270 Montreal Avenue. Adopted Yeas – 6 Nays – 0 15. Resolution – 07-244 – Transferring additional CDBG funds to the appropriate amended funding codes for the Neighborhood Housing Rehabilitation Program for CDCs. Adopted Yeas – 6 Nays – 0 16. Resolution – 07-245 – Requesting Comprehensive Road and Transit Funding from the 2007 Minnesota Legislature. Adopted Yeas – 6 Nays – 0 17. Resolution – 07-246 - Amending C.F. #07-45 deleting the assessment for property cleanup from October 2 to October 16, 2006 at 458 Maryland Avenue. Adopted Yeas – 6 Nays – 0 18. Resolution – 07-247 – Approving the license application with conditions, per the Legislative Hearing Officer, of Michael Abri, owner, Twin City Direct Auto Sale, 1265 Arcade Street. (Discussed after the consent agenda) 19. Resolution – 07-248 – Approving adverse action against the Taxicab Driver license held by Hassan M. Abdi for the City of Saint Paul. Adopted Yeas – 6 Nays – 0 20. Resolution – 07-249 – Approving adverse action against the Solid Waste Hauler & Vehicle license held by Robert D. Logan, d/b/a Robert Logan Hauling, Inc. for the City of Saint Paul. Adopted Yeas – 6 Nays – 0 21. Resolution – 07-250 – Authorizing the Division of Parks and Recreation to award a 2007 March 14, 2007 City Council Summary Minutes Page 6 summer open swim pass to the winner of a community contest to name the new Highland Park Aquatic Center children’s activity park. Adopted Yeas – 6 Nays – 0 22. Resolution – 07-251 – Authorizing the proper City officials to accept a donation from Mr. Max Metzger’s estate, in the amount estimated to be $50,000, to be used to aid in the continuation of the Summer Pops Ensemble Concerts at Como Lakeside Pavilion. Adopted Yeas – 6 Nays – 0 23. Resolution – 07-252 – Authorizing the proper City officials to execute an agreement with the Friends of the Mississippi River (FMR) to coordinate the City’s Storm Drain Stenciling Education Program. Adopted Yeas – 6 Nays – 0 24. Resolution Approving Assessment – 07-253 – In the matter of the assessment of benefits, cost and expenses for the installation of a sanitary sewer and connection at 1464 Point Douglas Road South, and setting date of public hearing for May 2, 2007. (File No. 18932A1) Adopted Yeas – 6 Nays – 0 ------------------------------------------------------------------------------------------------------------ 18. Resolution – 07-247 – Approving the license application with conditions, per the Legislative Hearing Officer, of Michael Abri, owner, Twin City Direct Auto Sale, 1265 Arcade Street. Councilmember Bostrom said there were still issues that needed to be cleared up with the City Attorney’s Office pertaining to this application. Councilmember Bostrom moved to lay over two weeks. Laid over to March 28 Yeas – 6 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. 25. Third Reading – 07-195 – An ordinance memorializing City Council action granting the March 14, 2007 City Council Summary Minutes Page 7 application of Nou Vang to rezone property from I1 (Light Industrial) to TN2 (Traditional Neighborhood) at 892 Hamline Avenue North, northeast corner at Pierce Butler Route. (Zoning File No. 06-289-537) (Public hearing held February 7, 2007) (GS 3036889) Laid over to March 21 for final adoption 26. Second Reading – 07-147 – An ordinance amending Chapter 13 of the Saint Paul Administrative Code to reflect the creation of the new Department of Safety and Inspections. (Laid over from February 14) Laid over to March 21 for third reading/public hearing 27. Second Reading – 07-148 – An ordinance amending the Saint Paul Administrative Code to reflect the creation of the Department of Safety and Inspections and clarify duties no longer performed by the City. (Laid over from February 14) Laid over to March 21 for third reading/public hearing 28. Second Reading – 07-149 – An ordinance amending the Saint Paul Legislative Code to reflect the creation of the new Department of Safety and Inspections. (Laid over from February 14) Laid over to March 21 for third reading/public hearing 29. Second Reading – 07-212 – An ordinance amending the Charter of the City of Saint Paul to place the City Clerk under the authority of the City Council. Laid over to March 21 for third reading/public hearing 30. Second Reading – 07-213 – An ordinance amending Chapter 33 of the Saint Paul Legislative Code pertaining to Building Code and Inspection. Laid over to March 21 for third reading/public hearing 31. Second Reading – 07-214 – An ordinance amending Title VI of the Saint Paul Legislative Code modifying the Fire Certificate of Occupancy Program. Laid over to March 21 for third reading/public hearing March 14, 2007 City Council Summary Minutes Page 8 Councilmember Montgomery moved to adjourn the meeting. Yeas – 6 Nays – 0 ADJOURNED at 3:50 P.M. ATTEST: _____________________________ ____________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ___April 4, 1007_______________ Mary Erickson Minutes approved by Council