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Summary Minutes 2-8-2006SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, February S, 2006 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard) The meeting was called to order by Council Vice President Helgen at 3:35 p.m. Present — 6 — Benanav, Bostrom, Harris, Helgen, Montgomery, Thune Absent — 1 — Lantry (excused) Councilmember Montgomery moved approval. Adopted Yeas - 6 Nays - 0 CONSENT AGENDA (Items 1 - 21) 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 BYA COUNCILMEMBER, THAT ITEM WILL BE, REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS Claims of Barry Blum, Elizabeth Davies, John Iler, Tasha Quinn, Lalinne Suon, and Xcel Energy. Referred to Risk Management 2. Summons and Complaint in the matter of Gloria McDonough vs. the City of Saint Paul. Referred to the City Attorney's Office Summons and Complaint in the matter of Robert James Schneider vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Letter from the Department of Public Works announcing a public hearing before the City Council on February 15, 2006, to consider the petition of the Housing and Redevelopment Authority to release the City's interest in property abutting the southeasterly portion of the Wabasha Bridge in order to develop the land with new housing and businesses. (Vacation File No. 12-2005) February 8, 2006 City Council Summary Minutes 5. Administrative Orders: D002551 Approving enforcement and abatement of real estate direction signs, by the Department of Public Works, located in the public right-of- way, D002552 Extending the contract completion date for the Edgerton/Hawthorne Sanitary Sewer Cleaning and TV inspection from January 31, 2004 to December 15, 2005, D002553 Extending the contract completion date for the Johnson/Minnehaha Sanitary Sewer Cleaning and TV inspection from January 31, 2004 to December 15, 2005. On file in the City Clerk's Office FOR ACTION Page 2 6. Approval of minutes of January 25, 2006, and Closed Door Session of February 1, 2006. Adopted Yeas — 6 Nays — 0 7. Resolution — 06-101 — Approving the Memorandum of Agreement between the City and the Cement Masons International Association, Local 633 regarding the 2005 wage and fringe adjustment. (Laid over from February I for adoption) Adopted Yeas — 6 Nays — 0 Resolution — 06-125 — Approving the new classification of Park Security Officer Lead in Grade 03U of Operating Engineers Local #70 Salary Schedule. Adopted Yeas — 6 Nays — 0 9. Resolution — 06-126 -- Approving the appointment of Luz Frias, by Mayor Coleman, as Assistant to the Mayor VI effective January 23, 2006. Adopted Yeas — 6 Nays — 0 10. Resolution — 06-127 -- Approving an internal loan/special fund agreement and budget amendment with the Saint Paul Housing and Redevelopment Authority for West Midway Tax Increment Financing District. Adopted Yeas — 6 Nays — 0 11. Resolution — 06-128 — Approving organizations to the 10% Club list of eligible recipients for 2006. Adopted Yeas -- 6 Nays -- 0 February 8, 2006 City Council Summary Minutes Page 3 12. Resolution — 06-129 — Establishing a 2006 financing and spending plan in the Police Department for a $50,000 donation received from John Nasseff for the Crime Laboratory in honor of the late Richard H. Rowan, Saint Paul Chief of Police from 1970 to 1979. Adopted Yeas — 6 Nays — 0 13. Resolution — 06-130 — Authorizing the Police Department to donate abandoned bicycles. to Youth Express. Adopted Yeas — 6 Nays — 0 14. Resolution — 06-131 -- Authorizing the Police Department to enter into an agreement with the Minnesota Department of Public Safety for a Speed Limit Enforcement project between December 5, 2005 and January 29, 2006. Adopted Yeas — 6 Nays — 0 15. Resolution — 06-132 — Authorizing the Police Department to enter into an agreement with the Minnesota Department of Public Safety for a Night Cap Grant, which provides funding for traffic enforcement targeting impaired driving due to alcohol, for the period of December 31, 2005 through January 1, 2006. Adopted Yeas — 6 Nays — 0 16. Resolution — 06-133 — Authorizing the Police Department to accept a Strike Force grant from the State of Minnesota, which provides for participation in the State of Minnesota Criminal Gang Strike Force, and establishing a 2006 financing and spending plan for the grant. Adopted Yeas — 6 Nays — 0 17. Resolution — 06-134 — Amending Council File 05-637, an interim ordinance, to allow Brent Thompson to build a residential structure on property commonly known as 2134 Highwood Avenue. Adopted Yeas -- 6 Nays -- 0 18. Resolution — 06-135 — Authorizing the Department of Public Works to accept a permanent storm sewer drainage easement for the Concord Street Sewer Project, and authorizing payment and recording of the document. Adopted Yeas — 6 Nays — 0 19. Resolution — 06-136 — Approving the conveyance of surplus City property at the southwesterly corner of Pleasant and Scheffer Avenues to ERS Development, LLC in order to develop the property and put it back on the tax rolls. Adopted Yeas — 6 Nays — 0 February 8, 2006 City Council Summary Minutes Page 4 20. Resolution Approving Assessment — 06-137 — In the matter of the assessment of benefits, costs and expenses for weekly garbage hauling service for the fourth quarter of 2005 (J05T4Q); summary abatements (property clean-up) during November and December, 2005 (J0506A); and boarding -up a vacant building at 119 Magnolia Ave. W. during October, 2005 (J0508B); and setting date of public hearing for March 15, 2006. Adopted Yeas --- 6 Nays — 0 21, Resolution Approving Assessment — 06-13 8 — In the matter of the assessment of benefits, costs and expenses for replacement of Lead Water service as requested by property owners during 2005 (4913) and setting date of public hearing for March 15, 2006. Adopted Yeas — 6 Nays — 0 ------------------------------------------------------------------------------------- Reconsidcred Item Councilmember Bostrom moved the following resolution be reconsidered and laid over to February 15: Resolution — 06-119 — Adopting the Phalen/Atlantic Amendment to the Phalen Corridor Development Strategy Summary. (Adopted February 1, 2006) Reconsidered and laid over to February 15 Yeas — 6 Nays — 0 22. (Discussed later in the meeting) 23. (Discussed later in the meeting) 24. Resolution — 06-74 — Ordering the owner to remove or repair the building(s) at 779 Edmund Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the March 1 Legislative Hearings and the March 15 City Council Hearings provided a $2,000 bond is posted by noon on February 1 and the property continues to be maintained.) (Public hearing held January 18; laid over from February 1) Marcia Moermond, Legislative Hearing Officer, stated all of the conditions had been met and she recommended laying over to the March 1 Legislative Hearings and March 15 City Council Hearing. Councilmember Montgomery moved the recommendation of the Legislative Hearing Officer, Laid over to March 15 Yeas — 6 Nays — 0 February 8, 2006 City Council Summary Minutes Page 5 PUBLIC HEARING 22. Resolution — 06-115 -- Approving the application of LG Constructors, represented by Roy Snover, for a sound level variance in order to construct the new Xcel Energy Highbridge Plant, with limitations, from February 1 through April 30, 2006 between the hours of 7:00 a.m. and 6:00 p.m. (Public hearing continued from February 1) Councilmember Thune stated he had amendments to the resolution on lines 12 and 24 deleting "7:00 a.m, to 6:00 p.m," and adding 8:00 a.m. to 6:00 p.m., Monday through Friday." No one appeared in opposition; Councilmember Thune moved to close the public hearing and approval as amended. Adopted as amended Yeas — 6 Nays — 0 FOR DISCUSSION 23. Consideration of the application of Ron Becker to rezone property at 1136 Montreal Avenue, between Selma Lane and West 7tn Street, from B 1 (Local Business) to TN2 (Traditional Neighborhood) to construct an office and retail building. (Zoning File 05- 194-490) (Public hearing held January 4; laid over from January 18) Col-mcilmember Harris stated he had met with the parties involved and recommended granting the application. Motion of Intent -- Application Granted Yeas — 6 Nays — 0 ORDINANCES NOTE: AN ORDINANCE IS A CITY LA W 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 PA UL LEGAL LEDGER. 25. Final Adoption -- 06-67 — An ordinance amending Chapter 160 of the Saint Paul Legislative Code entitled "Parking Meter Zones" by extending the parking meter hours of operation from 4:30 p.m. to 6:00 p.m. Monday through Saturday. Councilmember Harris stated he had expressed concerns about the outreach and impact this would have on the community and what had Public Works done to garner input. Public Works had responded with a memo, however, it did not address this concern. February 8, 2006 City Council Summary Minutes Page 6 Paul St. Martin, Public Works, appeared and stated Public Works was not directly involved in the discussions with the administration and the businesses. He was aware that then Mayor Kelly had met with the Chamber who had concerns on extending the meters to 8:00 p.m. and it was decided to scale back the time to 6:00 p.m. This was presented to the Business Review Council who did not take a position on this issue. Councilmember Thune stated he had received concern from downtown residents about having to slug the meters until 8:00 p.m. and that they would then need to look at contract parking. He had also received an e-mail of concern from an employee of the Pioneer Press as they do not have parking allowances and they do not receive a decent wage. He stated he would support a lay over and that during this time, the Capital River Council be contacted to weigh in on this issue. Councilmember Bostrom stated this was a revenue issue and it was his suggestion to decrease the amount of time per quarter, He suggested they look at how to generate the revenue this proposal would have earned and keeping the meters at the same time they are now. There were also cost considerations because Parking Enforcement will be forced to work longer hours besides the fact of changing all the signs on the meters. Councilmember Harris requested Council Research study strategy options in order to generate $350,000 in parking revenue rather than extending the parking meter hours of operation. Councilmember Harris also requested Council Research and city staff meet with downtown groups who are affected by this change. He moved a four week layover. Laid over to March 8 Yeas — 6 Nays — 0 26. Final Adoption — 06-68 — An ordinance memorializing City Council action granting the application of Wellington Management to rezone property from B2 (Community Business) to TN2 (Traditional Neighborhood) for a 7-story mixed use building with 24 residential units at 2318 Marshall Avenue. (Zoning File 05-184-704) Councilmember Benanav moved approval. Adopted Yeas — 5 Nays — 0 (Thune not present) 27. Second Reading — 06-111 -- An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul with changes to the zoning maps for the Phalen/Atlantic area of the Phalen Corridor. Laid over to February 15 for third reading/public hearing 28. Second Reading — 06-112 — An ordinance adopting amendments to the Saint Paul Zoning Code creating the IR Light Industrial Restricted District. Laid over to February 15 for third reading/public hearing February 8,2006 City Council Summary Minutes Page 7 29. Second Reading — 06-120 — An ordinance amending a portion of Saint Paul Legislative Code § 62.106 pertaining to the regulation of non -conforming uses of structures, or structures and land in combination by adding a new subdivision (q) regulating existing municipal yard waste sites in IR Light Industrial Restricted Districts. Laid over to February 15 for third reading/public hearing 30, Second Reading — 06-121 — An ordinance amending a portion of Saint Paul Legislative Code § 63.113 pertaining to the regulation of outdoor storage near residential districts and uses by adding new language intended to regulate outdoor storage in IR Light Industrial Restricted Districts within a specified distance of a park, a parkway or a major thoroughfare. Laid over to February 15 for third reading/public hearing 31. First Reading — 06-139 — An ordinance amending Council File 05-637, an interim ordinance adopted August 10, 2005, regulating official controls in a limited area within Ward 7 subject to regulations set forth in Legislative Code Chapter 68: River Corridor Overlay Districts. Laid over to February 15 for second reading Suspension Item Councilmember Benanav moved suspension of the rules and approval of the following resolution: Resolution — 06-140 — Approving a one-time waiver to pay court -ordered costs in a Tenant Remedies Action for 287/289 Avon Street. Adopted Yeas — 6 Nuys - 0 Councilmember Thune moved to adjourn the meeting. ATTEST: Mary Eric "10s on Assistant Council Secretary Submitted by: Vicki Sheffer ADJOURNED AT 3:50 P.M. Kathy Laritry,'Counch President Minutes approved by Council February 22, 2006