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September City Council Summary Minutes

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September City Council Summary Minutes Powered By Docstoc
					                                                 SUMMARY MINUTES
                                       OF THE SAINT PAUL CITY COUNCIL
                                       Wednesday, September 7, 2005 - 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 President Lantry at 3:34 p.m.

Present - 6 - Benanav, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 1 – Bostrom (excused)

       CONSENT AGENDA (Items 1 - 42)

Councilmember Benanav requested items 17 and 36 be removed for discussion.
Councilmember Helgen requested items 18 and 41 be removed for discussion.
Councilmember Thune 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 communication was read into the record:

       Letter from the Department of Planning and Economic Development announcing
       a public hearing before the City Council on October 5, 2005 to consider an ordinance
       rezoning several parcels along West 7th Street between Kellogg Boulevard and
       Grand/Ramsey for the Sever Corners Gateway Area.

1.     Claims of Michael Edman, Robert Greenberg, Liberty Mutual (for Tabari Javid), Liberty
       Mutual (for Gary Pechmann), Sonya Nightingale, Earl Paulson, RLI Transportation (for
       Safeway Bus Company), Fernando Santana, and Harry Sieben (for Susan Wind).
       Referred to Risk Management

2.     Summons and Complaint in the matter of the St. Paul Police Federation vs. the City of St.
       Paul, et al.
       Referred to the City Attorney’s Office

3.     Summons and Complaint in the matter of Gale A. Rachuy vs. the City of Saint Paul, et.
       al.
       Referred to the City Attorney’s Office



4.     Complaint and Demand for Judicial Determination in the matter of Marshall J. Jacobson
September 7, 2005 City Council Summary Minutes                                           Page 2

      vs. One 2003 Hyundai Motor Vehicle.
      Referred to the City Attorney’s Office

5.    Petition for Writ of Certiorari and Writ of Certiorari in the matter of Chan Lam d/b/a Ha
      Auto Repair vs. City of Saint Paul, et al.
      Referred to the City Attorney’s Office

6.    Summons in the Matter of the Application of Robert G. Winter regarding property on
      Hazelwood Street.
      Referred to the City Attorney’s Office

7.    Letter from the Department of Public Works announcing a public hearing before the City
      Council on September 21, 2005 to consider the petition of the Johnson Brother Liquor
      Company to vacate the alley running through Lots 54 and 55, Hewitt’s Outlots First
      Addition.

8.    Letter from the Department of Neighborhood Housing and Property Improvement
      declaring 896 Palace Avenue as nuisance property. (For notification purposes only; a
      public hearing will be scheduled at a later date if necessary.)

9.    Administrative Order:
      D002523         Transferring spending authority in the Department of Public Works Right-
                      of-Way Maintenance Fund for 2005 budget line items.
      On file in the City Clerk’s Office

      FOR ACTION

10.   Approval of Minutes of August 17 and 24, 2005.
      Adopted              Yeas - 6      Nays - 0

11.   Resolution - 05-768 - Approving the Memorandum of Agreement between the City of
      Saint Paul and AFSCME District Council #5, Local #2508 (Clerical) regarding health
      insurance options and contribution levels for the 2006 benefit year. (Laid over from
      August 24 for adoption)
      Adopted               Yeas - 6       Nays - 0

12.   Resolution - 05-791 - Approving the Maintenance Labor Agreement dated May 1, 2005
      through April 30, 2008, between the City of Saint Paul and the United Association of
      Pipefitters Local Union No. 455. (To be laid over one week for adoption)
      Laid over to September 14 for adoption

13.   Resolution - 05-792 - Approving the Maintenance Labor Agreement dated May 1, 2005
      through April 30, 2008, between the City of Saint Paul and the United Association of
      Plumbers, Local #34 and Sprinkler-Fitters Local #417. (To be laid over one week for
      adoption)
      Laid over to September 14 for adoption


14.   Resolution - 05-793 - Approving and ratifying donations received for the 2005 City
      Employees Picnic in compliance with the requirements of Chapter 41 of the
September 7, 2005 City Council Summary Minutes                                          Page 3

      Administrative Code.
      Adopted       Yeas - 6       Nays - 0

15.   Resolution - 05-794 - Approving the August 16, 2005 decisions of the Legislative
      Hearing Officer on appeals of Letters, Correction Notices and Correction Orders for 1491
      Sherburne Avenue, 668 Fourth Street East, 1591 Sloan Street, and 629 Hall Avenue.
      Adopted        Yeas - 6      Nays - 0

16.   Resolution – 05-795 – Allowing an exemption under Council File 05-637 for
      construction of a 6 x 6 addition to the dwelling at 2210 Bonnie Lane.
      Adopted        Yeas - 6        Nays - 0

17.   (Discussed after Consent Agenda.)
18.   (Discussed after Consent Agenda.)

19.   Resolution – 05-798 – Memorializing City Council action taken August 17, 2005 denying
      the appeal of Christine Anning and Timothy O’Brien, 1005 Portland Avenue, to a
      decision of the Heritage Preservation Commission conditionally approving a permit
      application to construct a two and one-half story rear addition
      at 1009 Portland Avenue (Hill Historic District). (File No. HPC 05-205)
      Adopted         Yeas - 6       Nays - 0

20.   Resolution - 05-799 - Approving adverse action against the Cigarette/Tobacco License
      held by Dahouse, LLC, d/b/a Mike’s Bar, 326 Grove Street.
      Adopted        Yeas - 6     Nays - 0

21.   Resolution – 05-800 – Approving adverse action against the Provisional Taxicab Driver
      Vehicle License application submitted by Mohamed Shoke Salah, 1518 Franklin Avenue
      #407, Minneapolis.
      Adopted       Yeas - 6       Nays - 0

22.   Resolution – 05-801 - Approving adverse action against the Provisional Taxicab Driver
      Vehicle License application submitted by Amos W. Rogers, 2820 Snelling Avenue N.
      #103, Roseville.
      Adopted       Yeas - 6       Nays - 0

23.   Resolution – 05-802 – Approving adverse action against the City Contractor - Excavation
      License held by G. K. Landscape Supplies, Inc., d/b/a Groundskeeper, Inc., 3101 Country
      Drive, Little Canada.
      Adopted        Yeas - 6     Nays - 0

24.   Resolution - 05-803 - Authorizing the Department of Fire and Safety Services to establish
      a spending and financing plan for the 2005 Homeland Security Program Grant.
      Adopted        Yeas - 6      Nays - 0
September 7, 2005 City Council Summary Minutes                                           Page 4

25.   Resolution - 05-804 - Authorizing the Police Department to donate recovered property to
      the Ordway Center for the Performing Arts to be used for their Treasure Sale event.
      Adopted        Yeas - 6      Nays - 0

26.   Resolution - 05-805 - Authorizing the Police Department to enter into an agreement with
      Independent School District #625 to provide traffic and pedestrian control and stadium
      security at high school football games.
      Adopted         Yeas - 6       Nays – 0

27.   Resolution - 05-806 - Establishing a financing and spending plan in the Police
      Department for extension of the lease agreement with Knutson Construction Services for
      use of office and parking space at the Public Safety Building.
      Adopted         Yeas - 6      Nays - 0

28.   Resolution - 05-807 - Authorizing the Police Department to accept a donation of a gift
      card from Best Buy Company valued at $500.00 to assist the department in acquiring
      electronic and/or computer equipment.
      Adopted        Yeas - 6      Nays - 0

29.   Resolution - 05-808 - Authorizing the Police Department to enter into an amended
      agreement with the State of Minnesota for the Strike Force Grant agreement.
      Adopted        Yeas - 6      Nays - 0

30.   Resolution - 05-809 - Authorizing the Police Department to enter into an agreement with
      the Minnesota Department of Public Safety for an Auto Theft Grant to reduce the
      incidence of automobile theft.
      Adopted        Yeas - 6        Nays - 0

31.   Resolution - 05-810- Accepting contributions totaling $850.00 from Bailey Nurseries, St.
      Paul Pioneer Press, Capital City Partnership, and the St. Paul Convention and Visitors
      Bureau for a reception honoring the members and volunteers for the America in Bloom
      Committee.
      Adopted        Yeas - 6       Nays - 0

32.   Resolution - 05-811 - Establishing a spending and financing plan in the Division of Parks
      and Recreation for a donation of $5,111.00 from the St. Paul Pioneer Press in support of
      the 2005 Blooming Saint Paul program.
      Adopted        Yeas - 6       Nays - 0

33.   Resolution - 05-812 - Accepting a donation, from Max Metzger to the Division of Parks
      and Recreation, of sheet music and music stands to be used by the Como Park “Pops”
      Ensemble and the Capital City Wind Ensemble as part of the Music In the Parks
      Program.
      Adopted        Yeas - 6      Nays - 0
September 7, 2005 City Council Summary Minutes                                                      Page 5

34.     Resolution - 05-813 - Accepting a grant of $2,844.00 from Compas, Inc. to be used in
        support of youth art programs, and establishing a spending and financing plan in the
        Division of Parks and Recreation.
        Adopted        Yeas - 6      Nays - 0

35.     Resolution - 05-814 - Establishing the 2005 assessment rate for the Residential Street
        Vitality Program.
        Adopted        Yeas - 6       Nays - 0

36.     (Discussed after Consent Agenda.)

37.     Resolution - 05-816 - Reducing accrued interest on a street paving assessment for 1858
        Bayard Avenue.
        Adopted        Yeas - 6      Nays - 0

38.     Resolution - 05-817 - Authorizing the proper City officials to enter into an agreement
        with Commercial Railway Company for improvement of the existing at-grade railroad
        crossings on Vandalia Street at Wabash and Myrtle Avenues.
        Adopted        Yeas - 6       Nays - 0

39.     Resolution - 05-818 - Accepting a street easement from the Housing and Redevelopment
        Authority on the south side of Otto Avenue between West Seventh Street and Shepard
        Road for widening of the right-of-way as part of the Koch Mobile redevelopment project.
        Adopted        Yeas - 6       Nays - 0

40.     Resolution - 05-819 - Establishing an annual fee for each newsrack placed on City right-
        of-way pursuant to Chapter 131 of the Saint Paul Legislative Code.
        Adopted        Yeas - 6       Nays - 0

41.     (Discussed after Consent Agenda.)

42.     Resolution Approving Assessment - 05-821 - In the matter of the assessment of benefits,
        cost and expenses for towing abandoned vehicles from private property during January
        and February 2005 (J0501V); summary abatements (property clean-up) during June and
        July 2005 (J0504A); demolition of a vacant building at 612 Sims Avenue during July
        2005 (J0503C); towing abandoned vehicles from private property during March and
        April 2005 (J0502V); and boarding-up vacant buildings during June 2005 (J0504B); and
        setting date of public hearing for October 19, 2005.
        Adopted         Yeas - 6       Nays - 0

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17.     Resolution - 05-796 - Approving the expenditure of $12,500.00 from the Marketing
        Division budget for printing costs associated with the Saint Paul Passport to Fun summer
        promotion.

        Councilmember Benanav questioned the program and whether the funds had been
        expended. He suggested that in the future, rather than pass these types of resolutions
September 7, 2005 City Council Summary Minutes                                              Page 6

      after the funds have been expended, they be discussed prior to disbursement of funds.
      Councilmember Harris agreed and stated these decisions need to be made as to what is
      good for the citizens of Saint Paul.

      Council President Lantry requested that Council Research communicate to the Marketing
      Division the Council’s intent to have this information provided prior to an event taking
      place and that the Council’s policy will be to not approve requests coming afterwards.

      Councilmember Thune moved approval.
      Adopted     Yeas - 6     Nays - 0

18.   Resolution - 05-797 - Providing for the negotiated sale of Recreational Facilities Gross
      Revenue Bonds, Series 2005, for approximately $7,640,000 to refund the outstanding
      bonds of the Rice and Arlington Project and to defray the expense of the Highland Golf
      Course improvements made in 2002-2005.

      Matt Smith, Office of Financial Services, explained that although the Rice Arlington
      Dome is no longer in existence, the debt obligation remains. Including this year’s
      budget, the City is spending $340,000 out of the general fund to repay the debt as there is
      no longer revenue associated with the dome. This resolution gives staff the authority to
      solve two problems: refinance the remaining Rice/Arlington Dome debt and have
      savings for the general fund; and, finance the recent improvements to the Highland Golf
      Course and use golf course revenues as the primary source of repayment on this debt.
      The general fund will save approximately $140,000 per year with this action.

      Todd Hurley, Office of Financial Services, explained that these bonds were initially sold
      in 1996. They were a gross revenue pledge of the Parks system; therefore, the revenues
      of the dome were not sufficient but gross revenues of the parks system were sufficient.

      Councilmember Harris thanked staff for their work on this issue and moved approval.
      Adopted     Yeas - 6       Nays – 0

36.   Resolution - 05-815 - Granting fund approval of the 2005 Residential Street Vitality
      project areas and giving tentative approval of the 2006-2009 project areas.

      Councilmember Helgen stated his concern was for equity throughout the City for these
      street projects. This resolution sets the priorities until 2009 and should be further
      discussed as far as when the list of projects was agreed to and whether steps have been
      taken to balance this schedule. Councilmember Montgomery concurred with these
      issues.

      Council President Lantry stated that Public Works assessed all streets in the City of Saint
      Paul prior to issuing a ranking list. Included in this process were discussions with district
      councils and councilmembers in office at the time. Ratings included which streets were
      oiled or paved. At the time this process was completed, this was to be a 10-year project.
September 7, 2005 City Council Summary Minutes                                               Page 7

      Unfortunately, this has been drawn out and the current plans have been set based upon
      the conditions of the street.

      Larry Lueth, Department of Public Works, further explained that when this process was
      initiated, staff from Public Works split the City into 88 different project areas. They were
      evaluated by various utility companies, including XCel Energy, the Water Utility, Public
      Works Street Maintenance and Sewer division, and all project areas were rated. Some
      areas were rated higher than others, for reasons including the number of lead water
      services, and the number of children in these areas. About half of the project areas have
      been completed. Staff has attempted to ensure that project areas completed represented
      all council wards. When this system was established, staff anticipated about $8 million
      per year from CIB funds. This level has declined over the past budget cycles.

      Councilmember Benanav stated that this program is important and it should be funded
      fully. Also, the priority ranking list may need to be changed. Mr. Lueth stated very few
      changes had been made to the priority list. Councilmember Montgomery requested a
      copy of the priority listing, and stated that many streets in the Frogtown area still need to
      be completed.

      Councilmember Harris stated that Ramsey County uses a Pavement Management System,
      which addresses the quality of pavement and roads that are in the worst condition are
      paved first. Also, with regard to financing, there was discussion of utilizing a different
      bond structure to increase financing for these projects. Matt Smith, Office of Financial
      Services, replied that this resolution reflects the current adopted budget/policy for
      financing street improvements. The Mayor has made a recommendation for a financing
      structure which will create additional proceeds to go into the program, but this resolution
      reflects the status quo. If the 2006 budget is adopted per the Mayor’s recommendations,
      the amounts available in future years will be increased. Councilmember Helgen
      requested that a break-out be provided by ward as well.

      Councilmember Helgen moved to a two-week lay over.
      Laid over to September 21 Yeas – 6     Nays - 0

41.   Resolution - 05-820 - Allowing the interim use of City light poles to display “Welcome
      Back” hockey banners.

      Councilmember Thune proposed the following amendment on Page 2, after line 7, insert:
      “And whereas, the banners will not identify the Wild, NHL professional hockey, or any
      for-profit business.” Also, the date at the end of the resolution should be October 5,
      2005. Upon question of Councilmember Harris, Manuel Cervantes, City Attorney, stated
      that this would not prohibit prior uses that were lawful. The intent was to recognize the
      many people that visit Saint Paul to attend Minnesota Wild games.

      Councilmember Thune moved approval as amended.
      Adopted as amended Yeas - 6     Nays - 0
September 7, 2005 City Council Summary Minutes                                             Page 8

      FOR DISCUSSION

43.   Resolution - 05-822 - Adopting the Summary of the Rice Street Small Area Plan as an
      addendum to the Saint Paul Comprehensive Plan.

      Councilmember Helgen stated this proposal has broad community support and thanked
      staff for their assistance. Councilmember Helgen moved approval.
      Adopted                  Yeas - 6    Nays - 0

44.   Report from City of Saint Paul Environmental Working Group on Environmental
      Sustainability. (Report requested by Council July 6, 2005; C.F. 05-582)

      A report was presented by Marcia Moermond, Council Research. Further information
      will be provided to the City Council on October 5.

      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.

45.   Final Adoption - 04-1218 - An ordinance amending Chapter 33 of the Saint
      Paul Administrative Code to change the City’s mileage reimbursement program
      to be in compliance with IRS regulations. (Laid over from May 25)

      Councilmember Helgen requested that Council Research communicate with Human
      Resources to determine the status of an arbitration related to this item and report back to
      the Council.

      Councilmember Helgen moved to lay over two weeks.
      Laid over to September 21 Yeas – 6       Nays - 0

46.   First Reading - 05-823 - An ordinance amending Chapter 376 of the Saint Paul
      Legislative Code to shorten the duration of provisional taxicab driver’s licenses and
      clarify training requirements.
      Laid over to September 14 for second reading

47.   First Reading - 05-824 - An ordinance amending Chapter 60 of the Saint Paul Legislative
      Code pertaining to zoning and zoning maps thereof for the Stillwater-Bush Zoning Study
      (area bounded by Stillwater Avenue, Bush Avenue, Howard Street, and Waukon Avenue)
      and rezoning from RT1 (two-family residential) to R3 (one-family residential). (Public
      hearing held August 3)
      Laid over to September 14 for second reading
September 7, 2005 City Council Summary Minutes                                             Page 9

48.   First Reading - 05-825 - An ordinance amending C.F. 05-637 regulating official controls
      in a limited area within Ward 7 subject to regulations set forth in Chapter 68 of the
      Legislative Code concerning the River Corridor Overlay Districts.

      Laid over to September 14 for second reading

      PUBLIC HEARINGS

63.   Public hearing to consider the appeal of Suzanne Snaza to a decision of the Planning
      Commission denying a Conditional Use Permit for auto detailing and auto sales at 1229
      Payne Avenue, SW corner at Hawthorne Avenue. (Zoning File 05-117-785)

      Council President Lantry announced that this appeal had been withdrawn

49.   Third Reading - 05-740 - An ordinance amending Chapter 34 of the Saint Paul
      Legislative Code, Minimum Property Maintenance Standards for All Structures and
      Premises, to include updated references to the current state codes.

      No one appeared in opposition. Councilmember Harris moved to close the public
      hearing.       Yeas – 4      Nays – 0 (Montgomery, Thune not present)
      Laid over to September 14 for final adoption

50.   Third Reading - 05-760 - An ordinance amending Chapter 60 of the Saint Paul
      Legislative Code pertaining to zoning for the Rice Street Area pursuant to a 40-Acre
      Study.

      Yang Zhang, Department of Planning and Economic Development, stated that the
      proposal is coupled with the Small Area Plan for Rice Street that was developed by a
      Task Force. The Planning Commission established the Task Force in spring 2004. They
      met for approximately a year to develop a plan. When the Task Force first met, one of
      the issues identified for Rice Street is that there are too many auto-related uses and these
      types of businesses seem to be growing in number. While the viable businesses which
      serve the neighborhood need to be retained, the Task Force would like to see some of the
      B3 zoned properties changed to TN2, a mixed-use housing and commercial district. Also
      they would like to keep a diverse use of B2, TN and B3 zonings in the area.

      Ms. Zhang stated that the plan includes design guidelines which were given to the
      Council. Also, one property owner would like to amend the rezoning boundaries for his
      parcel.

      The following individuals testified in opposition to this ordinance:
      Ray Moore, 977 Rice Street
      Terry Luther, 890 Rice Street
      Richard Anderson, 973 Rice Street

      The following individuals testified in support of this ordinance:
      Jonathan Sage-Martinson, SPARC, 843 Rice Street
      Kerry Antrim, District 6 Community Council, 213 Front Avenue
      Ted Nadess (phonetic), Hamernick’s Decorating, 1381 Rice Street
September 7, 2005 City Council Summary Minutes                                          Page 10

      Letters were submitted from Ernie Schroeder, North End Business Association, and Dr.
      Greg Sheehan in support.

      Councilmember Helgen stated that the Rice Street community has invested a lot of time,
      effort and thought into this rezoning plan. This is a good example of a traditional
      neighborhood where the zoning fits very well.

      Councilmember Helgen submitted amendments to the zoning for two addresses and
      moved the amended version of this ordinance.
      Amended and laid over to September 14 for final adoption
      Yeas – 5     Nays – 0 (Thune not present for vote)

51.   Resolution - 05-826 - Approving the application for a sound level variance by Saint Paul
      After Hours to allow live music in Mears Park on September 8, 15, 22, and 29, 2005 from
      5:00 p.m. to 9:00 p.m.

      Councilmember Thune moved to change the time for live music from 5:00 p.m. to 8:30
      p.m.
      Amendment adopted        Yeas – 6       Nays - 0

      Brian Horst, Saint Paul After Hours, appeared and described the event which will bring
      live music to Mears Park on the dates mentioned above. Mr. Horst stated the lineup
      would include diverse music selections including jazz, blues, lounge and alternative rock.
      Hopefully, this will include the introduction of independent films with next year’s
      festival, he said

      No one appeared in opposition. Councilmember Thune moved to close the public
      hearing and approval as amended.
      Adopted as amended Yeas - 6        Nays – 0

52.   Resolution - 05-827 - Authorizing preliminary approval for the Housing and
      Redevelopment Authority to issue up to $26,000,000 in tax-exempt housing revenue
      bonds for Carleton Lofts Limited Partnership for the development of 170 rental housing
      units at 2285-2341 University Avenue West.

      No one appeared in opposition. Councilmember Benanav moved to close the public
      hearing and approval.
      Adopted       Yeas – 5      Nays – 0     (Thune not present for vote)

53.   Resolution - 05-828 - Ordering the owner to remove or repair the building(s) at 833
      Delaware Avenue within fifteen (15) days from adoption of resolution. (Legislative
      Hearing Officer recommends granting the owner 180 days to complete the rehabilitation
      of the property provided the following is completed by noon on September 7, 2005: 1) a
      $2,000 bond is posted; 2) a work plan is submitted indicating how and when all the items
      on the Code Compliance Inspection Report will be addressed; 3) a financial plan is
      submitted indicating the wherewithal to complete the work plan; and 4) a purchase
      agreement or closing documents are submitted.)
September 7, 2005 City Council Summary Minutes                                         Page 11

      Marcia Moermond, Legislative Hearing Officer, recommended granting 180 days for the
      rehabilitation of this structure as all conditions have been met.

      No one appeared in opposition; Councilmember Helgen moved to close the public
      hearing and approval.
      Adopted as amended (per the recommendation of the Legislative Hearing Officer)
      Yeas - 5      Nays – 0 (Thune not present for vote)

54.   Resolution - 05-829 - Granting the owner of 1956 Feronia Avenue an additional 180 days
      to complete the rehabilitation of the property and continuing the performance deposit.
      (Legislative Hearing Officer recommends granting the owner an additional 180 days to
      complete the rehabilitation of the property on condition that a second $25,000 bond is
      posted by noon on September 21, 2005.)

      Marcia Moermond, Legislative Hearing Officer, requested that this issue be laid over to
      September 21 saying that given the building permit issues, it is not known how the length
      of time can be accommodated.

      No one appeared in opposition; Councilmember Benanav moved to close the public
      hearing and lay over two weeks.
      Public hearing held, closed, and laid over to September 21
      Yeas - 5       Nays – 0 (Thune not present for vote)

55.   Resolution - 05-830 – Granting the owner of 1328 Margaret Street 180 days to complete
      the rehabilitation of the property.

      No one appeared in opposition; Councilmember Harris moved to close the public hearing
      and approval.
      Adopted       Yeas - 5      Nays – 0 (Thune not present for vote)

56.   Resolution Ratifying Assessment - 05-831 - 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 for January through part of
      April 2005. (File No. J0501E) (Legislative Hearing Officer recommends the following:

      1457 Albany Avenue - approve assessment;
      1140 Arkwright Street - approve assessment;
      305 Barclay Street - recommendation forthcoming; approve assessment;
      1751 Bush Avenue - approve assessment;
      115 Case Avenue - recommendation forthcoming; delete assessment;
      704 Desoto Street - delete assessment;
      950 Desoto Street - approve assessment;
      724 Fifth Street East - approve assessment;
      922 Fourth Street East - approve assessment;
      36 Front Avenue - approve assessment;
      902 Fry Street - delete assessment.
      726 Hawthorne Avenue East - delete assessment;
      916 Hawthorne Avenue East - approve assessment;
      798 Iglehart Avenue - approve assessment;
      499 Maryland Avenue East - reduce assessment from a total of $195 to a total of $50;
September 7, 2005 City Council Summary Minutes                                        Page 12

      726 Oakdale Avenue - approve assessment; Laid over to September 27 Legislative
      Hearings and October 5 City Council Public Hearings
      1162 Rose Avenue East - approve assessment;
      925 Sixth Street East - approve assessment;
      323 Summit Avenue - approve assessment;
      996 Third Street East - approve assessment;
      2078 Third Street East - recommendation forthcoming; delete assessment;
      586 Van Buren Avenue - delete assessment; and
      260 Winifred Street East - approve assessment)

      Marcia Moermond, Legislative Hearing Officer submitted additional addresses as
      follows:
      2110 Bush Avenue - delete assessment; and
      620 Case Avenue - delete assessment;
      632 Park Avenue – Laid over to September 27 Legislative Hearings and October 5 City
      Council Public Hearings

      Xeng Xiong, 922 5th Street East, appeared, concerning 620 Case Avenue. He stated he
      was not in agreement with the recommendations made by the Legislative Hearing
      Officer.

      Councilmember Helgen moved to close the public hearing and approval as amended.
      Adopted as amended (per the recommendation of the Legislative Hearing Officer)
      Yeas – 4     Nays – 0 (Harris, Thune not present for vote)

57.   Appeal of Kristina Jones to a Notice of Condemnation and Order to Vacate 472
      Minnehaha Avenue East #1 (Lower Unit). (Legislative Hearing Officer recommends
      denying the appeal on the notice dated July 25, 2005.)

      No one appeared in opposition; Councilmember Helgen moved to close the public
      hearing and deny the appeal.
      Appeal denied        Yeas – 4      Nays – 0 (Harris, Thune not present for vote)

58.   Appeal of Austin Fang to a Notice to Revoke Rental Registration Certificate at 509
      Edmund Avenue. (Legislative Hearing Officer recommends granting the appeal to keep
      the rental registration if the owner has an interior inspection by noon on September 7,
      2005.)

      No one appeared in opposition; Councilmember Montgomery moved to close the public
      hearing and grant the appeal.
      Appeal granted      Yeas – 4 Nays – 0 (Harris, Thune not present for vote)

59.   Appeal of Quality Residences, LLC, to a Vacant Building Registration Notice at 795
      Fourth Street East. (Legislative Hearing Officer recommends granting the appeal
      provided the windows are fixed by August 18, 2005, as the building does not meet the
      requirement for being vacant.)

      Councilmember Helgen questioned whether other fees associated with this action would
      be waived as part of granting the appeal. Ms. Moermond replied that there are two
      financial considerations: an annual vacant building registration fee, and a Category 2
      inspection fee.
September 7, 2005 City Council Summary Minutes                                        Page 13

       No one appeared in opposition. Councilmember Helgen moved to close the public
       hearing and grant the appeal.
       Appeal granted      Yeas – 4 Nays – 0 (Harris, Thune not present for vote)

60.    Appeal of Thomas and Carolyn Ross to a Notice of Vacant Building Registration Fee at
       991 Dayton Avenue. (Legislative Hearing Officer recommends denying the appeal and
       waiving the Vacant Building Fee for 90 days.)

       No one appeared in opposition; Councilmember Montgomery moved to close the public
       hearing and deny the appeal.
       Appeal denied         Yeas – 4     Nays – 0 (Harris, Thune not present for vote)

61.    Appeal of Terri Lynn James to a Notice of Condemnation and Order to Vacate 583
       Reaney Avenue. (Legislative Hearing Officer recommends granting the appeal, as the
       condemnation has been lifted.)

       No one appeared in opposition; Councilmember Helgen moved to close the public
       hearing and grant the appeal.
       Appeal granted      Yeas – 4       Nays – 0 (Harris, Thune not present for vote)

Councilmember Thune moved to recess the City Council meeting at 6:10 p.m. for continued
discussion with parties relating to item #62.
Yeas – 5       Nays – 0 (Harris not present for vote)

Councilmember Thune moved to reconvene the City Council meeting at 6:25 p.m.
Yeas - 5       Nays – 0          (Harris not present for vote)

62.    Public hearing to consider the appeal of Todd Hartman, EQ-Life, to a decision of the
       Board of Zoning Appeals granting the appeal of the Summit Hill Association to a
       determination by the Zoning Administrator that a proposed change of occupancy at 870
       Grand Avenue to accommodate EQ-Life does not require additional off-street parking.
       (Zoning File 05-128190)

       Councilmember Thune moved to continue the public hearing for this issue to September
       14, 2005 at 3:30 p.m.
       Public Hearing laid over to September 14 Yeas- 5       Nays – 0

Suspension Items

Councilmember Montgomery moved suspension of the rules and approval of the following
resolution:

       Resolution - 05-832 - Setting the date of public hearing for October 5, 2005, for
       ratification of the 2005 Right of Way Maintenance Assessment Program charges to be
       assessed against benefited properties.

       Adopted              Yeas - 6       Nays - 0
September 7, 2005 City Council Summary Minutes                                             Page 14

Councilmember Montgomery moved suspension and approval and approval of the following
resolution:

       Resolution - 05-833 - Setting the date of public hearing for November 2, 2005, for
       ratification of the 2006 Right of Way Maintenance Assessment Program charges to be
       assessed against benefited properties.

       Adopted                Yeas - 6       Nays - 0


       Councilmember Benanav requested that Council Research work with the City Attorney’s
       Office regarding data that has been gathered on race and other issues at the time of arrests
       and that a report be made to the Council at the September 14, 2005 meeting.

Councilmember Benanav moved suspension of the rules to introduce the following resolution:
Yeas – 6    Nays – 0

       Resolution - 05-834 - Setting the tax levy for the City of Saint Paul for Fiscal
       Year 2006.

       Councilmember Benanav moved to amend the Mayor’s proposed levy from 3% to 5%,
       with the additional money ($1.279 million) to be used for the City’s general debt service.
       Also, the following language was proposed: “Be it finally resolved that Mayor Kelly is
       requested to assist the City Council in identifying additional spending cuts to the
       proposed 2006 general fund operating budget.”

       Councilmember Helgen stated that one of the Council’s responsibilities is to manage the
       budget in a way that is prudent. There is more spending built into the Mayor’s budget
       than there are funds to support it. The idea is to make a small adjustment now to avoid
       concerns in the future. Council President Lantry clarified that the 2% extra would be
       used for general debt service; it will not be for increased spending.

       Councilmembers Harris and Montgomery said they would oppose this resolution.
       Councilmember Thune stated that since police and fire pension funds were consolidated,
       other methods had been used to keep taxes down. However, there may be fund balances
       that should not be there. He noted that discussions have been held regarding going to a
       two-year cycle.

       Councilmember Benanav moved approval of the resolution as amended.
       Adopted as amended Yeas - 4    Nays - 2 (Harris, Montgomery)

       Council requested responses from the Administration to the following questions prior to
       the introduction of a resolution requesting the assistance of Police and Fire personnel in
       the clean-up of Hurricane Katrina.

       1)     Who would be in charge of City employees?
       2)     What duties would be assigned?
       3)     What insurance liabilities would be created, including employees' auto insurance,
              and what is the State of Minnesota’s limit of liability as employees would be
              crossing state lines?
September 7, 2005 City Council Summary Minutes                                              Page 15

       4)       What would the net effect on the City’s public safety be to coverage if Police
                and/or Fire personnel were sent?
       5)       Who would be responsible for Workers' Comp (the City or FEMA) while
                employees are engage in clean-up work and if they suffer from the effects of the
                work after they return?
       6)       If an employee were to be injured while performing these duties, who would be
                responsible?
       7)       How many other jurisdictions have been asked to send personnel, and what role
                would the Minnesota National Guard play?
       8)       Could other City service staff, such as Public Works or Parks staff, assist in the
                clean up, rather than police or fire personnel?

Councilmember Thune moved suspension and approval of the following resolution:

       Resolution - 05-835 - Waiving the 45-day notice requirements for a Liquor-Outdoor
       Service Area (Patio) license for Pat McGovern’s Inc., d/b/a McGovern’s, 225 7th Street
       West.
       Adopted                Yeas - 6       Nays - 0


Councilmember Harris moved to adjourn the meeting.

                                                      ADJOURNED AT 6:30 P.M.


                                                      ___________________________
                                                      Kathy Lantry, Council President
ATTEST:


                                                      Minutes approved by Council
____________________________
Mary Erickson                                         October 5, 2005______________
Assistant Council Secretary


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Chris Rider

				
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