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Minutes 5-23-2007 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 23, 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 3:33 p.m. by Council President Lantry Present – 6 – Bostrom, Harris, Helgen, Lantry, Montgomery, Thune Absent – 1 – Benanav (excused) CONSENT AGENDA (Items 1 - 13) Councilmember Helgen removed item #7 from the Consent Agenda for separate consideration. Councilmember Helgen moved approval of the consent agenda as amended. Adopted as amended Yeas – 6 Nays – 0 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 The following item was read into the record: Letter from the Department of Safety and Inspections, announcing a public hearing before the City Council on June 6, 2007 to consider the appeal of William Madden, Jr. to a decision of the Board of Zoning Appeals granting a side yard setback variance in order to construct a sunroom addition at 2215 Como Avenue. (ZF 07-081619) 1. Claims of Donald Churcher,Ryan A. Heiman, William Schoenecker, and Corey Statham . Referred to Risk Management May 23, 2007 City Council Summary Minutes Page 2 2. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on June 6, 2007 to consider the appeal of Tom Dimond et al. to a decision of the Planning Commission approving a Conditional Use Permit, Variances, and revised Site Plan for Holman Field subdrain improvements. (ZF 07-078- 905) 3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on June 12, 2007 at 9:30 a.m. in the Department of Safety and Inspections, 8 Fourth Street, 4th Floor, Conference Room 4B, to consider the Auto Repair Garage and Second Hand dealer Motor Vehicle Licenses held by Heartland Auto Sales, Inc., 1236 Arcade Street. 4. Letters from the Department of Safety and Inspections/NHPI declaring 907 Burr Street, 468, 472, 595, 733 Case Avenue, 335 Charles Avenue, 388 Goodrich Avenue, 294 Sherburne Avenue, and 735 Smith Avenue South as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 5. Administrative Orders: D002661 Transferring 2006 General Fund budget authority within the Department of Safety and Inspections/ NHPI to cover 2006 year-end variances. D002662 Authorizing the Library to spend up to $1,000 for a community collaborations meeting to discuss early literacy efforts. D002663 Transferring 2007 General Fund budget within the Police Department in association with reorganization of the Department. On file in the City Clerk’s Office FOR ACTION 6. Approval of minutes of May 2 and 9, 2007. Adopted Yeas – 6 Nays – 0 7. Resolution – 07-457 – Recognizing National Emergency Medical Services (EMS) Week, May 20-26, 2007. (Discussed after the consent agenda) 8. Resolution – 07-458 – Accepting a gift from CraigMichaels, Inc. allowing Councilmember Lee Helgen to attend and make a presentation at the 2007 Sustainable Operations Summit in Santa Ana Pueblo, New Mexico from June 3-5, 2007. Adopted Yeas – 6 Nays – 0 May 23, 2007 City Council Summary Minutes Page 3 9. Resolution – 07-459 – Authorizing the Division of Parks and Recreation to accept a sub- grantee award from the Surdna Foundation in the amount of $40,000 for a youth leadership project. Adopted Yeas – 6 Nays – 0 10. Resolution – 07-460 – Approving adverse action against the Auto Repair Garage license application submitted by Tran Le Hoang, d/b/a D and N Auto Repair, 519 University Avenue West. Adopted Yeas – 6 Nays – 0 11. Resolution – 07-461 – Approving adverse action against the Massage Practitioner and Massage Center-A (Commercial) licenses held by Victoria McCurdy, d/b/a Urban Bodywork, 2388 University Avenue West. Withdrawn 12. Resolution – 07-462 – Authorizing a lease Addendum to Commerce Building lease of the Office of LIEP (DSI) to continue rental for floors 2, 3 and 4 and additional space on floor 6. Adopted Yeas – 6 Nays – 0 13. Resolution – 07-463 – Authorizing the proper City officials to enter into an agreement (which contains an indemnification clause) with Resource Recovery Technologies (RRT) whereby the City will be authorized to haul municipal solid waste to RRT’s Newport, MN facility. Adopted Yeas – 6 Nays – 0 ------------------------------------------------------------------------------------------------------------ 7. Resolution – 07-457 – Recognizing National Emergency Medical Services (EMS) Week, May 20-26, 2007. Councilmember Helgen presented proclamations to Bob Morrison, Fire Department and Dr. Frascone, Saint Paul Ramsey County Hospital on behalf of the EMS workers. Councilmember Helgen moved approval 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. May 23, 2007 City Council Summary Minutes Page 4 14. Final Adoption – 07-336 – An ordinance amending Chapter 33.07 of the Saint Paul Legislative Code to clarify language requirements regarding fencing at a corner lot location. (Laid over from May 16) Councilmember Harris moved to introduce amendments and lay over to June 6 for final adoption Laid over to June 6 Yeas – 6 Nays – 0 15. Final Adoption – 07-392 - An Administrative Ordinance establishing the minimum qualifications for the position of Fire Chief. (Amended May 16) Council President Lantry moved to introduce amendments and lay over to June 6 for public hearing and final adoption Yeas – 6 Nays – 0 16. Third Reading – 07-424 – An ordinance memorializing City Council action granting the application of Selby Area Community Development Corporation to rezone property at 940 Selby Avenue from B2 (Community Business) to TN1 (Traditional Neighborhood). (ZF 07-013-828) (Public hearing held April 18, 2007) Laid over to June 6 for final adoption 17. Third Reading – 07-425 – An ordinance memorializing City Council action granting the application of Ms. Alison Kern to rezone property from TN2 (Traditional Neighborhood) and VP (Vehicular Parking) to B2 (Community Business) at 1172-1180 Arcade Street, 0 Rose Avenue, and 838 Maryland Avenue East. (ZF 07-022-851) (Public hearing held April 18, 2007) Laid over to June 6 for final adoption Suspension Item(s) Councilmember Bostrom moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-464 – Approving Larry and Chris Rossow to be Honorary Good Will Ambassadors to the City of Nagasaki. Councilmember Bostrom moved approval Yeas – 6 Nays – 0 Councilmember Helgen moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution - 07-465 – Approving compensation for property rights need to improve Maryland Avenue at the intersection of Rice Street. Councilmember Helgen moved approval Adopted Yeas – 6 Nays – 0 May 23, 2007 City Council Summary Minutes Page 5 Councilmember Helgen moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-466 –Waiving the 45-day notice requirement, Legislative Code 409.06 and granting the application for an off sale liquor license with conditions to Bozettil Inc. d/b/a Abetto’s Liquor, 560 Como Avenue. Councilmember Helgen moved approval Adopted Yeas – 6 Nays – 0 Councilmember Helgen moved suspension of the rules to introduce the following resolution: Yeas – 6 Nays – 0 Resolution – 07-467 –Waiving the 45-day notice requirement, Legislative Code 409.06 and granting the application for wine, strong beer, and liquor outdoor service area with conditions for Scarbozl Inc d/b/a Abetto’s Inc., 560 Como Avenue. Councilmember Helgen moved approval Adopted Yeas – 6 Nays – 0 Council President Lantry presented Carlos Larancuent, City Council Urban Fellow student, with a certificate of appreciation for his work in the Council Offices the past year. Reconsidered item: Council President Lantry moved to reconsider the following resolution which was inadvertently adopted on May 16: Yeas – 6 Nays – 0 Resolution – 07-428 – Approving the Memorandum of Agreement between the City and the Sheet Metal Workers International Association, Local #10, 2007 Wage and Fringe Adjustment. (To be laid over one week for adoption) Council President Lantry moved approval Yeas – 6 Nays – 0 May 23, 2007 City Council Summary Minutes Page 6 Councilmember Thune moved to adjourn the meeting. Yeas – 6 Nays – 0 ADJOURNED at 4:06 P.M. ATTEST: _____________________________ _______________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: June 13, 2007_____________________ Carol Broermann Minutes approved by Council