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1485_m_city_council_10-12-22_minutes_-_final City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Minutes -Final City Council Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Melvin Carter III Councilmember Pat Harris Councilmember Lee Helgen Councilmember Russ Stark Councilmember Dave Thune Wednesday, December 22, 2010 3:30 PM Council Chambers -3rd Floor ROLL CALL The meeting was called to order by Council President Lantry at 3:30 p.m. Councilmember Dan Bostrom, Councilmember Pat Harris, Councilmember Lee Helgen, City Council President Kathy Lantry and Councilmember Dave Thune Present 5 -Absent 2 -Councilmember Melvin Carter III and Councilmember Russ Stark COMMUNICATIONS & RECEIVE/FILE 1 CO 10-17 Letters from the Department of Safety and Inspections declaring 686 Bradley St, 472 Concord St, and 579 Lexington Parkway South as Nuisance Condition properties, and setting the date of December 17, 2010, for the nuisance conditions to be corrected or a Substantial Abatement process to demolish and and remove the building(s) will be initiated. 472 Concord.Order to Abate a Nuisance Building.11-17-10.pdf 579 Lexington Pkwy S.Order to Abate Nuisance Building.11-17-10.pdf 686 Bradley.Order to Abate a Nuisance Building.11-17-10.pdf Attachments: Received and Filed 2 AO 10-19 Authorizing the Saint Paul Fire Department to pay for all costs incurred to hold a EMS Academy alumni training event on December 10, 2010. Attachments: Financial Detail AO 10-19.pdf Received and Filed 3 AO 10-20 Authorizing the Office of Financial Services to reallocate operational savings in their 2010 budget to to pay for a contractor to assist in preparing the 2010 Comprehensive Annual Financial Report (CAFR). Attachments: OFS-CAFR AO-12-22.pdf Received and Filed City of Saint Paul Page 1 City Council Minutes -Final December 22, 2010 CONSENT AGENDA NOTE: ALL ITEMS LISTED UNDER THE CONSENT AGENDA WILL BE ENACTED BY ONE MOTION, WITH NO SEPARATE DISCUSSION. IF DISCUSSION ON AN ITEM IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Approval of the Consent Agenda On behalf of Councilmember Carter, Councilmember Harris asked that Item 15 be laid over to January 5. He moved approval of the Consent Agenda as amended. Consent Agenda Adopted Yea: Councilmember Bostrom, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 5 -Nay: 0 Absent: 2 -Councilmember Carter III and Councilmember Stark 4 RES 10-1603 Announcing the February 2, 2011 City Council public hearing regarding the I-94 rehabilitation project. Adopted 5 RES 10-1238 Approving assessment in the matter of the assessment of benefits, cost, and expenses for collection of vacant building fees (re-invoiced) September, 2010. File No. VB1102 and setting date of Legislative Hearing for January 04, 2011 and City Council public hearing for February 02, 2011. Report of Completion Assessment Roll Attachments: Adopted 6 RES 10-1245 Approving assessment in the matter of the assessment of benefits, cost, and expenses for Re-assess (Parcel ID Correction) a Graffiti removal on private property at 227 Snelling Ave N on August 08, 2010, and setting date of Legislative Hearing for January 04, 2011 and City Council public hearing for February 02, 2011. Report of Completion Assessment Roll Attachments: Adopted 7 RES 10-1252 Approving assessment in the matter of the assessment of benefits, cost, and expenses for Demolition of vacant buildings during the month of September, 2010 (C.D.B.G. Funds). File No. J1103C, and setting date of Legislative Hearing for January 04, 2011 and City Council public hearing for February 02, 2011. City of Saint Paul Page 2 City Council Minutes -Final December 22, 2010 Report of Completion Assessment Roll Attachments: Adopted 8 RES 10-1253 Approving assessment in the matter of the assessment of benefits, cost, and expenses for Excessive consumption of inspection services for property code violations billed during the time period of August 10 to September 10, 2010. File No. J1103E, and setting date of Legislative Hearing for January 02, 2011 and City Council public hearing for February 02, 2011. Report of Completion Assessment Roll Attachments: Adopted 9 RES 10-1411 Approving assessment in the matter of the assessment of benefits, cost, and expenses for Collection of Certificate of Occupany Fees (Re-Invoiced) October, 2010. File No. CRT1102, and setting date of Legislative Hearing for January 18, 2011 and City Council public hearing for February 02, 2011. Report of Completion.pdf Assessment Roll.pdf Attachments: Adopted 10 RES 10-1412 Approving assessment in the matter of the assessment of benefits, cost, and expenses for Property Clean Up on Private Properties during the time period of September 30, to October 27, 2010. File No. J1107A, and setting date of Legislative Hearing for January 18, 2011 and City Council public hearing for February 02, 2011. Report of Completion.pdf Assessment Roll.pdf Attachments: Adopted 11 RES 10-1414 Approving assessment in the matter of the assessment of benefits, cost, and expenses for Emergency Boarding and Securing, and/or Boarding of Vacant Buildings during the month of August, 2010. File No. J1103B, and setting date of Legislative Hearing for January 18, 2011 and City Council public hearing for February 02, 2011. Report of Completion.pdf Assessment Roll.pdf Attachments: Adopted 12 RES 10-1416 Approving assessment in the matter of the assessment of benefits, cost, and expenses for Removal of Diseased and/or Dangerous Trees on Private Properties October, 2010. File No. 1103T, and setting date of Legislative Hearing for January 18, 2011 and City Council public hearing for February 02, 2011. City of Saint Paul Page 3 City Council Minutes -Final December 22, 2010 Report of Completion.pdf Assessment Roll.pdf Attachments: Adopted 13 RES 10-1553 Approving assessment in the matter of the assessment of benefits, cost, and expenses for Public Works program for the Repair of Sanitary Connection on Private Property requested by the Property Ownsers during the time periods of August to October, 2010 (File No. SWRP1101) and setting date of City Council Public Hearing for February 02, 2011. Report of Completion Assessment Roll Attachments: Adopted 14 RES 10-1552 Approving assessment in the matter of the assessment of benefits, cost, and expenses for Replacement of Lead Water Service Lines as requested by the Property Ownsers during the time period of August to October, 2010 (File No. 1101LDSRP) and setting date of City Council Public Hearing for February 02, 2011. Report of Completion Assessment Roll Attachments: Adopted 15 RES 10-1526 Approving adverse action against all licenses held by Saigon, Inc. d/b/a Saigon located at 704 University Avenue West in Saint Paul. Notice of Intent to Suspend Licenses.pdf Requirements Screen .pdf SPLC Section 310.05.pdf Attachments: Laid over to January 5, 2011 Yea: Councilmember Bostrom, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 5 -Nay: 0 Absent: 2 -Councilmember Carter III and Councilmember Stark 16 RES 10-1555 Approving the application with conditions, per the Deputy Legislative Hearing Officer, for Recycling (glass) Processing Center license, for Strategic Materials Inc. (I.D. #201222223436), d/b/a Strategic Materials, at 195 Minnehaha Avenue East. Strategic Materials Objection Letter Strategic Materials License Application Summary Strategic Materials Conditions Affidavit Strategic Materials 195 Minnehaha Avenue E Minutes Attachments: Adopted City of Saint Paul Page 4 City Council Minutes -Final December 22, 2010 17 RES 10-1556 Approving the existing license for a modified condition, per the Deputy Legislative Hearing Officer, for an establishment having a Gas Station, Retail Food (C), -Grocery 1001-3000 sq. ft., Malt Off Sale and Cigarette/Tobacco licenses, for New James Inc. (ID #20080004386), d/b/a Marshall Stop at 2057 Marshall Avenue. Marshall Stop Affidavit Marshall Stop Minutes Marshall Stop_Store Layout Marshall Stop_Letters from Applicant Hawila Marshall Stop_Photographs Marshall Stop_Ariel Photograph Marshall Stop_STAMP Activities Report Marshall Stop_Police Incident Report Attachments: Adopted 18 RES 10-1586 Authorizing the Department of Public Works to enter into an agreement with Ramsey County for the Maryland and Rice intersection to allow for construction of this project by both entities as one project. Attachments: Ramsey county cooperative agreement FINAL 11.15.10.pdf Adopted 19 RES 10-1276 Authorizing the Department of Parks and Recreation to enter into into a grant agreement with and provide indemnification for the State of Minnesota to accept a $218,000 LCCRM grant for the Como Woodland Outdoor Classroom on behalf of the City. Attachments: Como Woodland Financial Analysis.pdf Adopted 20 RES 10-1589 Authorizing the Department of Parks and Recreation to expend an amount not to exceed $15,000 for the purpose of providing refreshments, marketing materials and other incentives for various activities, programs and events throughout 2011.Attachments: Parks Annual Food Fiscal Analysis.xls Adopted 21 RES 10-1601 Authorizing the Police Department to enter into an amendment to the city contract with Independent School District #625 to extend the School Resource Officer overtime shift by one hour each day during the perior of September 7, 2010 through June 30, 2011. Attachments: ISD 625 School Resource Officer amendment Adopted City of Saint Paul Page 5 City Council Minutes -Final December 22, 2010 22 RES 10-1598 Authorizing the Police Department to provide a stipend in the amount of $1700.00, paid over a period of four quarters for the services of the Saint Paul Police Band Secretary that fall outside of the police department's duties and responsibilities. Attachments: Police Band Secretary Resolution Adopted 23 RES 10-1592 Approving the appointment of the firm of Greene Espel P.L.L.P. as special counsel representing the City of Saint Paul in the matter of Clear Channel Outdoor, Inc. v. City of Saint Paul. Spending Waiver.pdf Greene Espel Invoice.pdf Res 10-1592 -Outside Counsel Financial Analysis.xls Attachments: Adopted 24 RES 10-1593 Approving the appointment, made by Mayor Coleman, of Karylyn Eckman and reappointment of Matt Hass to the Mississippi Watershed Management Organization. Adopted 25 RES 10-1594 Approving the appointments, made by Mayor Coleman, of Tom McCarthy and Tess Ketelsen, and the reappointments of Butch Howard, Paul Nelson, David McKenzie and Amy Filice to serve on the Workforce Investment Board. Adopted 26 RES 10-1620 Approving the appointments, made by Mayor Coleman, of Catherine Tuione, Shari Gray, Artrinyse Jackson, Deborah Padgett, Amy Long, and Leah Lindstrom, and the reappointments of Nancy Homans, Patrick Wood, Becky Hicks and Rosemarie Reger-Rumsey to the Homeless Advisory Council. Adopted 27 RES 10-1621 Approving the appointments, made by Mayor Coleman, of Avinash Viswanathan and Darren Tobolt, and the reappointments of Jacob Dorer, Diane Gerth, Michael Steward, Becca Hine, Debra Jessen , Mark Miazga, David Pinto, Gene Olson and Gary Unger to the Long Range Capital Improvement Budge Committee. Adopted 28 RES 10-1632 Approving the appointments, made by Mayor Coleman of Kathleen Lindblad, John Reich, Nick Miller, Deborah Heath, Jon Schumacher, Peter Moore, and Tara Garman Erickson to the Neighborhood STAR Board as well as reappointing Randy Asumna, Triesta Brown, Mary Donnelly, Marjorie Ebensteiner, Rachel Gillespie, and Anne Tiller to the Neighborhood STAR Board. City of Saint Paul Page 6 City Council Minutes -Final December 22, 2010 Adopted 29 RES 10-1622 Approving the appointments, made by Mayor Coleman, of Julie Perrus, Christopher Ochs, Elizabeth (Betsy) Reveal and Trevor Oliver and the reappointments of Tony Schertler, Bob Spaulding, Daniel Ward, Barb Wencl, David Wickiser, and Marilyn Porter to the Planning Commission. Adopted FOR DISCUSSION 30 RES 10-1485 Authorizing the City Attorney to retain the law firm of Miller and Van Eaton to represent the City in matters of cable television franchising, telecommunications and other specialized areas as necessary. Attachments: Agreement Between the City of Saint Paul and Miller Van Eaton P.L.L.C. Council President Lantry said she was going to withdraw the item and ask that the Office of Technology put out a request for bids. Councilmember Harris said he supported that. Councilmember Helgen said factors other than cost were important, and the City should work toward getting the best talent possible. Council President Lantry said it was a complicated issue and a list of criteria would be developed by the Office of Technology. She said she had spoken with the City Attorney's Office to confirm that the contract would not just be awarded to the lowest bidder. Withdrawn 31 ALH 10-355 Appeal of Rick T. Wilson to a Summary Abatement Order at 2234 STILLWATER AVENUE. 2234 Stillwater.Appeal.11-2-10.pdf 2234 Stillwater Ave.Summary Abatement Order.10-27-10 2234 Stillwater Ave.Photos.10-26-10 2234 Stillwater Ave.LH ltr.11-9-10.doc Attachments: Laid over to January 5, 2011 Yea: Councilmember Bostrom, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 5 -Nay: 0 Absent: 2 -Councilmember Carter III and Councilmember Stark ORDINANCES 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 heaings on ordinances are held at the third reading. Second Reading 32 Ord 10-59 An ordinance amending Appendix G. Energy Park Utility Company Franchise City of Saint Paul Page 7 City Council Minutes -Final December 22, 2010 -Port Authority of the Saint Paul Legislative Code pertaining to the Energy Park Utility Company (EPUC) franchise agreement. Ord 10-59 -EPUC Franchise Agreement -Financial Analysis.pdf Ord 10-59 -EPUC Francise Agreement (Clean).pdf Ord 10-59 -EPUC Francise Agreement (Redline).pdf Attachments: Laid over to Janaury 5, 2011 for third reading/public hearing 33 Ord 10-60 An ordinance creating election rules for municipal elections under ranked-choice voting. (Public hearing held January 5 and continued to January 19.) Elections Staff Ordinance Recommendations.pdf Ordinance language with annotations.doc Attachments: Councilmember Thune said it wasn't clear in the ordinance that every ranking of every voter was to be counted, and it appeared that the elections office could choose not to count any more than three. He said he wanted it to be very clear that that would be determined by the Council and not the elections office. Council President Lantry noted that a policy session was already scheduled with the City Attorney's Office and county elections officials. Laid over to Janaury 5, 2011 for third reading/public hearing Council President Lantry wished everyone happy holidays. Councilmember Harris wished happy holidays to the Council members and others in the community, and asked that everyone be mindful of those less fortunate. ADJOURNMENTCouncilmember Thune moved adjournment. The meeting was adjourned at 3:40 p.m. Adjourned Yea: Councilmember Bostrom, Councilmember Harris, Councilmember Helgen, City Council President Lantry and Councilmember Thune 5 -Nay: 0 Absent: 2 -Councilmember Carter III and Councilmember Stark City of Saint Paul Page 8 City Council Minutes -Final December 22, 2010 Council Meeting Information Web Meetings are available on the Council's website. Email notification and web feeds (RSS) of newly released Minutes, Agendas and Meetings are available by subscription. Please visit www.stpaul.gov/council for meeting videos and updated copies of the Agendas, Minutes and supporting documents. Cable Meetings are live on St Paul Channel 18 and replayed on: Thursdays at 5:30 p.m., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change) City of Saint Paul Page 9