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Minutes 3-28-2007 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, March 28, 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 by Council President Lantry at 3:33 p.m. Present – 5 – Bostrom, Harris, Helgen, Lantry, Montgomery Absent – 2 – Benanav (excused), Thune (arrived after the Consent Agenda) At the request of Councilmember Helgen, a moment of silence was observed for Othal Saunders, Maria McLay, and Brittany Kekedakis who recently died tragically. Council President Lantry requested Item 10 be removed for discussion. Councilmember Helgen requested Item 14 be removed for discussion. Councilmember Harris moved approval of the consent agenda as amended. Adopted as amended Yeas – 5 Nays - 0 CONSENT AGENDA (Items 1 - 22) 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. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Montasir Algaddal, Allstate Insurance Company (for Roger L. Hale), Omar Ibne Abdul Aziz, David Berrisford, Elizabeth Brandt, Felicia Daul, Phillip Fratto, Shirley Graham, Darlene Hoppe, Toby Muse, Calley Rigg, Clint Strand, Biruh Tegegne, Tomswah Vang, and Rick Weispfennig. Referred to Risk Management March 28, 2007 Summary Minutes Page 2 2. Summons in a Civil Case in the matter of Jimmy J. Micius and Elsie M. Mayard vs. the City of Saint Paul, et al. Referred to City Attorney’s Office 3. Petition for Writ of Certiorari, Cost Bond for Certiorari, and Supersedeas Bond in the matter of Countrywide Home Loans, Inc. vs. the City of Saint Paul. (re: 1897 Feronia Avenue) Referred to City Attorney’s Office 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on April 18, 2007 to consider the application of Selby Area Community Development Corporation to rezone property at 940 Selby Avenue (between Chatsworth and Milton Streets) from B2 (Community Business) to TN1 (Traditional Neighborhood). 5. Letter from the Office of the City Attorney announcing an Administrative Hearing to consider all licenses held by Billy Neng Yang, d/b/a Asian Cuisine, 945 Rice Street, on April 3, 2007 at 9:30 a.m., Room 40B City Hall/Courthouse, 15 West Kellogg Boulevard. 6. Letter from the Office of the City Attorney announcing an Administrative Hearing to consider all licenses held by Kopilenko International Wines & Liquors, 710 Cleveland Avenue South, on April 10, 2007, at 9:30 a.m., Room 40B City Hall/ Courthouse, 15 West Kellogg Boulevard. 7. Administrative Orders: D002634 Authorizing the Police Department Police Academy staff to purchase alcoholic beverages, not to exceed $300.00, to be used exclusively for training and educating police offers the skills required to detect and interdict motorists who are driving motor vehicles while under the influence of alcohol. D002635 Authorizing the Police Department to expend funds, not to exceed $6,000.00, for meals for the Police Academy 2007-1 training at Camp Ripley, Little Falls, MN from April 29, 2007 through May 4, 2007. D002636 Authorizing the Police Department to expend funds, not to exceed $300.00, for continental breakfasts and lunches for four (4) one-day training sessions for rental property owners and managers. D002637 Moving funds to the correct funding code and amending the budget in the Department of Planning and Economic Development to reflect the allocation of STAR funds awarded through the Ward 4 Neighborhood Investment Initiative Program. March 28, 2007 Summary Minutes Page 3 D002638 Moving budget authority in the Office of LIEP to cover 2006 year-end variances within special fund 320. D002639 Moving budget authority in the Office of LIEP to cover 2006 year-end variances in Activity 00177. D002640 Approving a budget revision in Neighborhood Housing/Property Code Enforcement to cover 2006 year-end variances. D002641 Amending the 2006 Library Agency Budget, Fund 349, to cover negative balances in some major object codes. D002642 Amending the 2006 budget of the Risk Management Retention Fund to cover 2006 year-end variances. On file in the City Clerk’s Office FOR ACTION 8. Approval of minutes of February 21 and 28, 2007. 9. Resolution - 07-257 – Approving the Memorandum of Agreement between the City and the Professional Employees Association which replaces the previously approved pilot project MOA for the Human Resources Consultant Job Family. (Laid over from March 21 for adoption) Adopted Yeas – 5 Nays – 0 10. Resolution – 07-280 – Approving the appointment of Patricia Lindgren as Legislative Aide to Ward 2 Councilmember Dave Thune. (Discussed after the consent agenda) 11. Resolution – 07-281 – Congratulating Bill Buth on his retirement after 35 years of serving the Building Owners and Managers Association of Saint Paul. Adopted Yeas – 5 Nays – 0 12. Resolution – 07-282 – Recognizing the Aliveness Project’s 2007 Dining Out for Life Event. Adopted Yeas – 5 Nays – 0 13. Resolution – 07-283 – Authorizing an amendment to an agreement between the Police Department and the State of Minnesota, Military Affairs, to continue to provide an Intelligence Analyst Resource for services to prevent acts of terrorism and improve homeland security. Adopted Yeas – 5 Nays – 0 March 28, 2007 Summary Minutes Page 4 14. Resolution – 07-284 – Memorializing City Council action taken March 7, 2007 granting the application of Kristi Wheeler/Adam H. Duckwall for a subdivision (Combined Plat) for Duckwall Division to create two single family parcels at 519 Wheelock Parkway East (between Hoyt Avenue and Edgerton Street). (Zoning File No. 06-115-643) (Discussed after the consent agenda) 15. Resolution – 07-285 – Memorializing City Council action taken March 7, 2007 granting the appeal of Travis Mead to a decision of the Board of Zoning Appeals denying a minimum lot size variance in order to convert a duplex into a triplex at 315 Aurora Avenue. (Zoning File No. 07-021306) Adopted Yeas – 5 Nays – 0 16. Resolution – 07-286 – Authorizing execution of a lease agreement between the Board of Water Commissioners and Sprint Spectrum L.P. allowing the installation and operation of a wireless communication system at the Board’s St. Anthony Water Tower site in St. Paul. Adopted Yeas – 5 Nays – 0 17. Resolution - 07-287 – Approving adverse action against all licenses held by New Western Front, Inc., d/b/a New Frontier Saloon, 230 Front Avenue. Adopted Yeas – 5 Nays – 0 18. Resolution – 07-288 – Amending the spending and financing plans of the St. Peter/Rondo Storm Tunnel project by transferring funding from the 2007 Sewer Tunnel Rehabilitation and the 2007 Sewer Rehabilitation programs. Adopted Yeas – 5 Nays – 0 19. Resolution – 07-289 – Amending the spending and financing plans of the Fillmore Railroad Crossing project by adding a Metropolitan Council Livable Communities Grant, a contribution from Sherman Development, assessments from the US Bank project, and MSA from the 2006 Signal Installs program. Adopted Yeas – 5 Nays – 0 20. Resolution – 07-290 – Amending and/or closing the spending and financing plans of the 2004 and 2005 Residential Street Vitality programs. Adopted Yeas – 5 Nays – 0 21. Resolution Approving Assessment – 07-291 – In the matter of the assessment of benefits, cost, and expenses for the repair of sanitary sewer connections, at the request of property owners, in conjunction with the Arlington/Pascal RSVP project for 2005 and 2006, and setting date of public hearing for May 2, 2007. (File No. 19005C) Adopted Yeas – 5 Nays – 0 March 28, 2007 Summary Minutes Page 5 22. Resolution Approving Assessment – 07-292 – In the matter of the assessment of benefits, cost, and expenses for summary abatement for the excessive consumption of inspection services for property code violations billed during September 5 to November 27, 2006, and setting date of Legislative Hearings for April 24, 2007 and City Council Hearings for May 2, 2007. (J0608E) Adopted Yeas – 5 Nays – 0 ------------------------------------------------------------------------------------------------------------ 14. Resolution – 07-284 – Memorializing City Council action taken March 7, 2007 granting the application of Kristi Wheeler/Adam H. Duckwall for a subdivision (Combined Plat) for Duckwall Division to create two single family parcels at 519 Wheelock Parkway East (between Hoyt Avenue and Edgerton Street). (Zoning File No. 06-115-643) Councilmember Helgen introduced and explained a substitute resolution, and moved approval of the substitute resolution. Substitute introduced and adopted Yeas – 5 Nays – 0 FOR DISCUSSION 23. 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. (Laid over from March 14) (GS 3036309) Councilmember Bostrom moved this item be laid over one week to April 4. Laid over to April 4 Yeas – 5 Nays – 0 24. Resolution Ratifying Assessment – 07-276 – In the matter of the assessment of benefits, cost and expenses for boarding up vacant buildings at 1861 and 1871 Randolph Avenue during October, 2006. (J0612B1) (Public hearing held and laid over from March 21) (Legislative Hearing Officer recommends approval of the assessments) Councilmember Harris moved to lay over one week. Laid over to April 4 Yeas – 5 Nays – 0 Councilmember Thune arrived at this point in the meeting. 10. Resolution – 07-280 – Approving the appointment of Patricia Lindgren as Legislative Aide to Ward 2 Councilmember Dave Thune. March 28, 2007 Summary Minutes Page 6 Shari Moore, City Clerk, swore in Patricia Lindgren as Ward 2 Legislative Aide, and Councilmember Thune moved approval of the resolution. Adopted 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. Final Adoption – 06-1047 – An ordinance amending the Saint Paul Legislative Code by creating a new section, Legislative Code § 69.511, entitled “Parkland Dedication Requirements, Residential Developments.” (Substitute introduced and laid over March 7 for public hearing; public hearing held March 21, amended and laid over for final adoption) Councilmember Helgen moved approval. Adopted Yeas – 6 Nays – 0 26. Final Adoption – 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. Councilmember Helgen moved approval. Adopted Yeas – 6 Nays – 0 27. Final Adoption – 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. Councilmember Helgen moved approval. Adopted Yeas – 6 Nays – 0 28. Final Adoption – 07-149 – An ordinance amending the Saint Paul Legislative Code to reflect the creation of the new Department of Safety and Inspections. Councilmember Helgen moved approval. Adopted Yeas – 6 Nays – 0 29. Final Adoption – 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. Councilmember Thune moved to lay over one week. Laid over to April 4 Yeas – 6 Nays – 0 March 28, 2007 Summary Minutes Page 7 30. Final Adoption – 07-213 – An ordinance amending Chapter 33 of the Saint Paul Legislative Code pertaining to Building Code and Inspection. Councilmember Bostrom moved approval. Adopted Yeas – 6 Nays – 0 31. Final Adoption – 07-214 – An ordinance amending Title VI of the Saint Paul Legislative Code modifying the Fire Certificate of Occupancy Program. Councilmember Bostrom moved approval. Adopted Yeas – 6 Nays – 0 32. First Reading – 07-293 – An ordinance amending Chapter 409 of the Saint Paul Legislative Code to limit the use of funds deposited in the Youth Program Fund to provide fee waivers for youth participants in City recreation programs. Laid over to April 4 for second reading 33. First Reading – 07-294 – An ordinance amending Section 98.04E (1) and (2) of the Saint Paul Administrative Code concerning entities and employees exempt from the living wage requirement. Laid over to April 4 for second reading Suspension Items: Councilmember Helgen moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-295 – Approving the use of Ward 5 Neighborhood Star Investment Initiative Program Funds for the Blooming Rice Street Project. Councilmember Helgen moved approval Adopted Yeas – 6 Nays – 0 Councilmember Thune moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-296 – Staying the enforcement of CF 07-118, order to remove or repair property at 1897 Feronia Avenue within fifteen (15) days. (GS 3038091) Councilmember Thune moved approval. Adopted Yeas – 6 Nays – 0 Councilmember Thune moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 March 28, 2007 Summary Minutes Page 8 Resolution – 07-297 – Staying the enforcement of CF 07-121, order to remove or repair property at 66-68 East Stevens Street within fifteen (15) days. Councilmember Helgen moved approval. Adopted Yeas – 6 Nays – 0 34. POLICY SESSION - Instant Run-off Voting (Councilmember’s Bostrom and Helgen left the meeting at points during the Policy Session.) Process in Minneapolis Minneapolis Councilmember Elizabeth Glidden along with Cynthia Reichert, Minneapolis Director of Elections, made a presentation of Instant Run-Off Voting in the City of Minneapolis. General Overview of Instant Run-off Voting Carlos M. Larancuent, National Urban Fellow and City Council Policy Analyst, presented an overview of Instant Run-off Voting. Implementation of Instant Run-off Voting in Saint Paul/Ramsey County Joseph Mansky, Ramsey County Elections Department, spoke on the implementation of Instant Run-off Voting in Ramsey County. Student Presentation on Instant Run-off Voting Libby Kantner and Katharine Richardson, students from Mounds Park Academy, made presentations on Instant Run-off Voting. Council President Lantry thanked everyone for their comments and to City staff for their hard work and dedication on this topic. March 28, 2007 Summary Minutes Page 9 Councilmember Thune moved to adjourn the meeting. Yeas – 4 Nays – 0 ADJOURNED AT 4:38 P.M. ATTEST: _____________________________ ____________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: _April 18, 2007_______________ Pattie Kelley Minutes approved by Council