Summary Minutes of the Saint Paul City Council - Wednesday, October 28, 2009

Summary Minutes of the

Saint Paul City Council

Wednesday, October 28, 2009 - 3:30 p.m.

PUBLIC HEARING at 5:30 P.M.

City Council Chambers, 3rd Floor

City Hall and Court House

15 West Kellogg Boulevard

Saint Paul, Minnesota

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The meeting was called to order by Council President Lantry at 3:30 pm.

Present - 6 - Bostrom, Carter, Helgen, Lantry, Stark, Thune

Absent - 1 - Harris (excused)

CONSENT AGENDA (Items 1 - 23)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.

 

Item 6 was removed from the Consent Agenda for separate consideration.

Councilmember Helgen moved approval of the balance of the Consent Agenda.

Adopted as amended Yeas - 6 Nays - 0

COMMUNICATIONS AND ADMINISTRATIVE ORDERS1. Claims of CMR Management Resources (for Qwest), Joseph M. Gullerud, Debra C. Miller, Richard A. Owen, Mark G. Roemer, Bernard M. Walsh, and Stephen B. Willwerscheid. Referred to Risk Management

 

2. Letter from the Office of the City Attorney announcing an Administrative Hearing on November 2, 2009 at 1:00 p.m. in Room 220, County Commissioners’ Office, City Hall/Court House, 15 West Kellogg Boulevard, concerning the Currency Exchange License Renewal for New Money Express, Inc., 785 7th Street East.

3. Letter from the Office of the City Attorney announcing a public hearing before the City Council on November 4, 2009 concerning all licenses held by Attucks-Brooks American Legion Post #606, 976 Concordia Avenue.

4. Administrative Order:

D002778 Authorizing the Department of Fire and Safety Services to pay for all costs incurred to host a Women’s Fire Service Expo on October 3, 2009.

On file with the City Clerk

FOR ACTION5. Resolution - 09-1137 - Approving the following two agreements between the City of Saint Paul and Independent School District #625: July 1, 2008 through June 30, 2010 Labor Agreement with AFSCME, Local 844; and the May 1, 2009 through April 30, 2012 Labor Agreement with International Brotherhood of Electrical Workers, Local 110. [Laid over from October 21 for adoption] Adopted Yeas - 6 Nays - 0

 

6. Resolution - 09-1185 - Approving the appointment of Harry Melander, by Mayor Coleman, to the Port Authority Board of Directors.

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

7. Resolution - 09-1186 - Authorizing the Department of Planning and Economic Development to apply to DEED for the Renaissance Box, Sholom Home, and Saxon Ford Sites. Adopted Yeas - 6 Nays - 0

8. Resolution - 09-1187 - Revising the speed limit on Marshall Avenue between the west city limits and Snelling Avenue from 35 miles per hour to 30 miles per hour. Adopted Yeas - 6 Nays - 0

9. Resolution - 09-1188 - Approving the use of the Neighborhood STAR Year-Round Program for East Saint Paul Senior Housing. Adopted Yeas - 6 Nays - 0

10. Resolution - 09-1189 - Authorizing the Fire Department to accept a donation in the amount of $200.00 from the Residential Mortgage Group (RMG) for public safety services and community education events. Adopted Yeas - 6 Nays - 0

11. Resolution - 09-1190 - Authorizing the Department of Parks and Recreation to seek Conservation Partners Legacy grant funding from the Minnesota Department of Natural Resources for native forest restoration. Adopted Yeas - 6 Nays - 0

12. Resolution - 09-1191 - Authorizing the Department of Parks and Recreation to accept Federal HPPH funding from the Commissioner of Transportation to finance a trail connection between Bruce Vento Regional Trail and Samuel H. Morgan Regional Trail. Adopted Yeas - 6 Nays - 0

13. Resolution - 09-1192 - Setting a public hearing date of November 4, 2009 for 2010 water rates. Adopted Yeas - 6 Nays - 0

14. Resolution - 09-1193 - Setting a public hearing date of November 4, 2009 for establishing late charges on delinquent water and sewer charges. Adopted Yeas - 6 Nays - 0

15. Resolution - 09-1194 - Setting a public hearing date of November 4, 2009 for establishing schedule charges for one-inch water service connections in certain right-of-way widths and taps of all sizes. Adopted Yeas - 6 Nays - 0

16. Resolution - 09-1195 - Authorizing the Department of Safety and Inspections to enter into an agreement with the Ramsey Conservation District to accept reimbursement for work done to protect Saint Paul wetlands. Adopted Yeas - 6 Nays - 0

17. Resolution - 09-1196 - Approving adverse action against all licenses held by Patricia M. Berg, d/b/a Patty’s Refreshment, 658 Cedar Street, Floor #1.

Withdrawn

18. Resolution - 09-1197 - Approving adverse action against all licenses held by Blue Chip Tree Company, Inc., d/b/a Blue Chip Tree Company for the City of Saint Paul. Adopted Yeas - 6 Nays - 0

19. Resolution - 09-1198 - Approving adverse action against the Mobile Food Vehicle license held by Fue Hang, d/b/a Fue Hang Ice Cream, for the City of Saint Paul. Adopted Yeas - 6 Nays - 0

20. Resolution - 09-1199 - Approving adverse action against the Cigarette/Tobacco license held by A & S Holdings, Inc., d/b/a Speedy Food Stop, 968 Dale Street North. Adopted Yeas - 6 Nays - 0

21. Resolution - 09-1200 - Approving adverse action against the Taxicab Driver (Provisional) license application submitted by Jeffrey A. Rolfer for the City of Saint Paul. Adopted Yeas - 6 Nays - 0

22. Resolution - 09-1201 - Approving adverse action against the Massage Practitioner license held by Laura J. Beck, d/b/a Laura J. Beck, 346 St. Peter Street. Adopted Yeas - 6 Nays - 0

23. Resolution - 09-1202 - Approving adverse action against the Massage Practitioner license held by Kelly J. Ochis, d/b/a Kelly J. Ochis, 411 Cedar Street. Adopted Yeas - 6 Nays - 0

FOR DISCUSSION24. Resolution - 09-1078 - Approving the application with conditions, per the Deputy Legislative Hearing Officer, for a Malt Off-Sale license for Sun Foods II, Inc., d/b/a Sun Foods, 544 University Avenue West. [Laid over from October 7]

 

Councilmember Carter moved a two-week layover. Laid over to November 12 Yeas - 6 Nays - 0

25. Resolution - 09-1110 - Ordering the owner to remove the building(s) at 507 Dale Street North within fifteen (15) days from adoption of resolution. [Public hearing held October 7; laid over from October 21] (Legislative Hearing Officer’s recommendation is forthcoming)

Legislative Hearing Officer Marcia Moermond stated that her recommendation was to order removal of the building within 15 days with no option for repair. Councilmembers Carter and Thune had worked to arrange for salvage of component parts of the building before the demolition, and the demo contractor had agreed to remove and donate the windows. Carter and Thune were working with the Historic Preservation Commission (HPC) and other agencies to find a place in the community to use or display the windows.

Councilmember Carter said it was a historically significant building, and thanked Amy Spong from the HPC and Ms. Moermond for their work. He moved approval.

Adopted Yeas - 6 Nays - 0

ORDINANCESNOTE: 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.26. Final Adoption - 09-983 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to reflect fee increases for 2010. [Substitute introduced October 21]

 

Councilmember Stark moved approval.

Adopted Yeas - 6 Nays - 0

27. Final Adoption - 09-984 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code to require property owners to clean up animal droppings.

Bob Kessler, Department of Safety and Inspections, requested a three-week layover in order to continue to work with downtown business owners.

Councilmember Thune expressed his preference that the ordinance be adopted, but moved a three week layover.

Laid over to November 18 Yeas - 6 Nays - 0

28. Final Adoption - 09-985 - An ordinance amending Chapter 40.10 of the Saint Paul Legislative Code to change fees for Fire Certificates of Occupancy to reflect costs to the City. [Substitute introduced October 21]

Councilmember Thune moved approval.

Adopted Yeas - 6 Nays - 0

29. Final Adoption - 09-1087 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to comply with statutory changes and reorganizing sections, and moving the permit requirement for more than three dogs to Chapter 198.

Councilmember Stark moved approval.

Adopted Yeas - 6 Nays - 0

30. Final Adoption - 09-1088 - An ordinance amending Chapter 148 of the Saint Paul Legislative Code to eliminate the prohibition of non-motorized traffic on Ayd Mill Road (known herein as “Short Line Road from Selby Avenue to I-35E”). [Substitute introduced on October 7]

Councilmember Stark moved approval.

Councilmember Carter requested a layover saying that adding non-motorized traffic was still in the vision but adding it now raised safety concerns that were shared by Public Works staff. Stark said he was fine with waiting a week but didn’t think anything would change in that time. He moved a one week layover.

Laid over to November 4 Yeas - 6 Nays - 0

31. Final Adoption - 09-1089 - An ordinance memorializing City Council action granting the application of Zane and Mary Neal to rezone property at 998 Bush Avenue from B3 (General Business) to RT1 (Two-Family Residential) in order to re-establish a duplex. [ZF 09-217-922]

Councilmember Bostrom moved approval.

Adopted Yeas - 6 Nays - 0

32. Final Adoption - 09-1090 - An ordinance memorializing City Council action granting the application of Kevin and Debora Boyd to rezone property at 1057 Selby Avenue from RM2 (Medium-Density Multiple-Family Residential) to VP (Vehicular Parking) in order to provide additional parking for Lifetime Legacy. [ZF 09-096-093]

Councilmember Carter moved approval.

Adopted Yeas - 6 Nays - 0

33. Second Reading - 09-1156 - An ordinance amending Legislative Code Title XXVIII entitled “Miscellaneous Offenses” by adding a new Chapter 296 which shall regulate climbing, jumping, or suspending oneself from structures (a/k/a B.A.S.E. Jumping). Laid over to November 4 for third reading/public hearing

34. Second Reading - 09-1157 - An ordinance repealing in its entirety Chapter 27 of the Saint Paul Administrative Code entitled City Residency for City Employees. Laid over to November 4 for third reading/public hearing

35. Second Reading - 09-1158 - An ordinance memorializing City Council action granting the application of Dr. Lee Chen to rezone property at 1880 Old Hudson Road (southwest corner of Hazel Street) from B3 (General Business) to RM2 (Medium-Density Multiple-Family Residential) in order to allow the development of an assisted living facility. [ZF 09-252-587] [Public hearing held October 7, 2009] Laid over to November 4 for third reading

36. Second Reading - 09-1159 - An ordinance amending Chapter 198 of the Saint Paul Legislative Code to prohibit the keeping of roosters and moving the requirement for a permit to have four or more dogs. Laid over to November 4 for third reading/public hearing

37. First Reading - 09-1203 - An ordinance amending Chapter 238 of the Saint Paul Legislative Code to reflect changes to Chapter 331A for housekeeping purposes. Laid over to November 4 for second reading

38. First Reading - 09-1204 - An ordinance amending Chapter 331A.04 of the Saint Paul Legislative Code to correct a typographical error.

Laid over to November 4 for second reading

Councilmember Thune moved suspension of the rules to introduce the following resolution:

Yeas - 6 Nays - 0

Resolution - 09-1205 - Approving the execution of a Settlement Agreement with ExxonMobil Oil Corporation.

Thune moved approval.

Adopted Yeas - 6 Nays - 0

Thune noted that the agreement would not go into effect until it was also approved by the ExxonMobil board of directors.

Council President Lantry welcomed students visiting from Cretin-Derham Hall High School.

The meeting was recessed at 3:34 p.m. and reconvened for a public hearing at 5:30 p.m.

Present - 6 - Bostrom, Carter, Helgen, Lantry, Stark, Thune

Absent - 1 - Harris (arrived after roll call)

PUBLIC HEARING39. Initial public hearing on the 2010 Budget and Tax Levy.

 

Margaret Kelly, Director, Office of Financial Services provided a brief overview of the Mayor’s 2010 Budget.

The following appeared and made comments on the budget:

John Marino (1409 Wynne Avenue) expressed concerns about the increasing traffic and congestion in and around Como Park. He supports the proposed lap pool and splash pool but not the Lazy River which he felt was excessive and would exacerbate existing traffic problems.

Barb Deming (361 Wilder Street N.) asked that the Council restore funding for the Preliminary Design for the ongoing development of the Merriam Park Master Plan. She said the CIB proposal had been approved but the funding had been dropped from the budget.

Ed Lehr (2159 Powers Avenue) spoke in support of the bicycle and pedestrian coordinator position with Public Works.

George Wawro (1188 Lexington Parkway N.) reiterateed Mr. Marino’s concerns over the Como water park development, and said he would like to see the plans scaled back.

Art Oglesby (1156 Lexington Parkway N.) cautioned the Council about going forward with the $1,000,000 Como water park building before gaining approval for the rest of the project. Community members were not given the option of voting to approve just a portion of the water park, and he hoped there would be a point in the process when the Council could reconsider inclusion of the Lazy River component.

Sally Worku (1241 Hamline Avenue N.) expressed opposition to funding for the Como Park pool support facility saying it was premature and shortsighted.

Mary Wawro (1188 Lexington Parkway N.) referred to the budget-related mailing she had received and suggested the city save money by not funding the $1,000,000 line item for the Como Park aquatic facility’s changing facility. She also opposed any future funding for a Lazy River component of a replacement pool at Como Park.

Mary Brauer (580 Payne Avenue) said she appreciated the choices the city had to make in these tough economic times. She urged the Council to support initiatives directed to the hardest hit areas such as Invest St. Paul funding for mortgage assistance, neighborhood stabilization and vacant housing issues. She asked for continued support of Payne Avenue reconstruction projects.

Rich Neumeister (no address given) expressed concerns about the new fee for Internet printouts at the library and the potential effect of the fee on public access to information.

Jo Heinz (339 Webster Street) said that in the difficult economic times it was hard for people to pay higher taxes even if they were necessary. She expressed concerns about the money being spent to remake the recreation centers and said she was dissatisfied with the level of service being provided to citizens. She encouraged the Council to develop partnerships and explore ways for providing services more cheaply and efficiently.

Al Oertwig (509 Fred Street) submitted a letter from the District 5 Planning Council. He said the Payne-Phalen area was grateful for the proposed Payne-Phalen CIB projects and for the city’s support of the community council process. He spoke in support of funding for the combined recreation center and library at the intersection of Payne and Maryland.

Dennis Chandler (339 Webster) expressed concerns about property tax increases. He had only received one raise in six years and didn’t have enough money to go around. He acknowledged the tough choices the Council was facing and asked them to keep working people in mind. He said the Council should not be afraid to say no.

Council President Lantry announced the dates of upcoming budget-related public hearings and thanked everyone for their comments.

Councilmember Helgen moved to close the public hearing and adjourn.

Yeas - 7 Nays - 0

ADJOURNED at 5:00 P.M.

ATTEST:

Mary Erickson Kathy Lantry, Council President

Assistant Council Secretary

Minutes approved by Council

January 13, 2010

Submitted by:

Katie Burger