Approved Minutes 6-16-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, June 16, 1999 - 3:30 - 5:00 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 Bostrom at 3:35 p.m.
Present- 5 - Benanav, Bostrom, Harris, Lantry, Reiter
Absent - 2 - Blakey (excused) Coleman(arrived after roll call)
Gerry Strathman, Secretary to the City Council, read the following communications into the record:
Letter from the Office of the City Attorney rescheduling an Administrative Law Judge Hearing from
June 9, 1999, to June 17, 1999, 10:00 a.m., Room 250, City Hall-Courthouse, concerning the license
application of Pawn America Minnesota, LLC, dba Pawn America, 1546 White Bear Avenue.
(Following the Council meeting, applicant withdrew their license application, so the Administrative
Law Judge Hearing was canceled)
Letter from the Office of the City Attorney announcing a public hearing before the City Council on
June 23, 1999, concerning the license application of Pawn America, LLC, 1546 White Bear Avenue.
(Following the Council meeting, applicant withdrew their license application, so no public hearing
will be held)
CONSENT AGENDA (Items 1 - 28)
Councilmember Reiter requested Item#11 be removed for discussion.
Councilmember Harris requested Item#17 be laid over one week at the request of Councilmember
Blakey.
Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 6 Nays - 0
FOR ACTION
1. Approval of minutes of May 12, 1999.
Adopted Yeas - 6 Nays - 0
2. Claims of Lisa Albrecht, Phyllis Edwards, Timothy Haseusteiu, Doris McCalla, and Verniece
Robinson.
Referred to the Employee/Risk Management Office
3. Correspondence from Briggs and Morgan regarding Independent School District acquisition of
1001 Johnson Parkway, 778 Wells Street, and 714 York Avenue.
Referred to the City Attorney's Office
June 16, 1999 City Council Summary Minutes Page 2
4. Notice of Appearance of Counsel in the matter of the Port Authority of the City of Saint Paul vs.
D.S.P.O.T., L.L.C.; S.M.K. Enterprises, Inc., et al.
Referred to the City Attorney's Office
5. Letter from the Citizen Service Office/Property Code Enforcement declaring 375 Hawthorne
Avenue East as "nuisance property." (For notification purposes only; a public hearing will be
scheduled at a later date if necessary.)
6. Administrative Order:
D001710 Amending the 1999 budget in the Department of Planning and Economic
Development, City Sales Tax Capital Projects Fund, to assign new project codes and
correct an activity code.
Noted as on file in the City Clerk's Office
7. Resolution - 99-483 - Approving the Memorandum of Understanding between the City of Saint
Paul and the Tri-Council Laborers Local 132. (Laid over from June 9 for adoption)
Adopted Yeas - 6 Nays - 0
8. Resolution - 99-484 - Approving the January 1, 1998 through December 31, 1999 Collective
Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory
Association. (Laid over from June 9 for adoption)
Adopted Yeas - 6 Nays - 0
9. Resolution - 99-485 - Approving the January 1, 1999 through December 31, 2000 Collective
Bargaining Agreement between the City of Saint Paul and the St. Paul Supervisors Organization.
(Laid over from June 9 for adoption)
Adopted Yeas - 6 Nays - 0
10. Resolution - 99-523 - Requesting that the Department of Planning and Economic Development
(PED) report to the City Council on the feasibility and advisability of increasing the City's and
HRA's living wage rate.
Adopted Yeas - 6 Nays - 0
11. (Discussed after the consent agenda)
12. Resolution - 99-525 - Approving payment of$92,500.00 to Michael Greenleaft, plus
reimbursement for his costs and attorney's fees, in full settlement of his claim against the City of
Saint Paul.
Adopted Yeas - 6 Nays - 0
13. Resolution - 99-550 - Establishing a financing and spending plan in the Police Department for the
remaining funding of the second year of the Victim Intervention Program Grant.
Adopted Yeas - 6 Nays - 0
June 16, 1999 City Council Summary Minutes Page 3
14. Resolution - 99-551 - Approving Routine Maintenance Agreement #78299 between the City of
Saint Paul and the State of Minnesota from July 1, 1999 to June 30, 2001.
Adopted Yeas - 6 Nays - 0
15. Resolution - 99-552 - Establishing the rate of pay for a new classification entitled Business
Division Manager-Water Utility.
Adopted Yeas - 6 Nays - 0
16. Resolution - 99-553 - Changing that portion of the Salary Plan and Rates of Compensation that
describes the standards for salary advancement for the Building Inspectors.
Adopted Yeas - 6 Nays - 0
17. Resolution - 99-554 - Approving a budget amendment in the Department of Fire and Safety
Services and Office of Human Resources to provide funds for the testing process for fire fighter
candidates.
Laid over to June 23 Yeas - 6 Nays - 0
18. Resolution - 99-555 - Agreeing to defend, indemnify and hold C.S. McCrossan Construction, Inc.
harmless for any and all damages as a result of suits, claims, actions or judgments arising out of
activities connected with the public forum at Harriet Island on June 17, 1999.
Adopted Yeas - 6 Nays - 0
19. Resolution - 99-556 - Approving the following organizations to the 1999 Charitable Gambling
10% Club: Asian Pacific Youth Alliance; Baker Recreation Center; East Side Midget Hockey
Association; Frost Lake Athletic Membership Endowment Society; Girls Are The Future; Jimmy
Lee Booster Club; and Sports For Life.
Adopted Yeas - 6 Nays - 0
20. Resolution - 99-557 - Approving disbursement of Youth Program Funds to: American Legion Post
#418; Como Park Zoo/Conservatory Education; Dunning Boosters; Edgcumbe Community Center
Hockey Booster Club; Frost Lake Athletic Membership Endowment Society; Girls Are The
Future; Hayden Heights Youth Alliance; Lexington/Hamline Community Council; Lower East
Side Football Association; Merriam Park Booster Club; St. Paul Midway Little League; Sports
For Life; Twin Star Baseball Club; and Youth Express - Girls' Club.
Adopted Yeas - 6 Nays - 0
21. Resolution - 99-558 - Authorizing the proper City officials to enter into a Loan Agreement with
Ramsey County to relocate the Cafesjian's Carousel to Como Park.
Adopted Yeas - 6 Nays - 0
22. Resolution - 99-559 - Appointing Miller Van Eaton, P.L.L.C. as special counsel to represent the
City of Saint Paul in a petition to the Federal Communications Commission (FCC).
Adopted Yeas - 6 Nays - 0
June 16, 1999 City Council Summary Minutes Page 4
23. Resolution - 99-560 - Approving renewal of the City's contract with Saint Paul Neighborhood
Network (SPNN) for the provision of public, educational, and government access services and
community programming.
Adopted Yeas - 6 Nays - 0
24. Resolution - 99-561 - Authorizing an offset of certain capital obligations of the cable franchise for
1999 pursuant to Article III, Section 304(a) of the cable television franchise.
Adopted Yeas - 6 Nays - 0
25. Resolution - 99-562 - Authorizing the purchase of two parcels of property for the Jimmy Lee
Recreation Center Acquisition and Redevelopment Project.
Adopted Yeas - 6 Nays - 0
26. Preliminary Order - 99-563 the matter of improving the intersection of Seventh Street East and
Kittson Street by installing a traffic control signaling system, and setting date of public hearing for
June 23, 1999. (File #18872)
Adopted Yeas - 6 Nays - 0
27. Resolution Approving Assessment - 99-564 - In the matter of summary abatements (property
clean-up) during the last week of April and all of May 1999; boarding up vacant buildings during
April 1999; towing abandoned vehicles from private property during November or December
1998 or January or February 1999, and setting date of Legislative Hearing for July 20, 1999, and
City Council Hearing for July 28, 1999. (File #J9904A,
J9904B, J9902V)
Adopted Yeas - 6 Nays - 0
28. Resolution Approving Assessment - 99-565 - In the matter of collecting sewer connection charge
(advance payment) for property at 550 Arlington Avenue East, and setting date of public hearing
for August 11, 1999. (File #ADVPAY9901)
Adopted Yeas - 6 Nays - 0
11. Resolution - 99-524 - Memoralizing the decision of the City Council on May 12, 1999, denying
the appeal of JLT Group to a decision of the Planning Commission approving a site plan for a
truck facility at approximately 630 Prior Avenue North with conditions regulating access to the
site, noise, hours of operation and other issues.
Councilmember Reiter said he still had concerns with denying the appeal of JLT Group. He
anticipates that JLT will appeal the decision and that the City may have difficulty upholding the
decision.
Councilmember Benanav responded that the City Council heard this matter as well as the Planning
Commission. It has been through public hearings, conditions were imposed by the Planning
June 16, 1999 City Council Summary Minutes
Page 5
Commission, and additional conditions were imposed by the Council based on comments heard at
the public hearing.
Councilmember Harris stated that he also had an issue with the approval process and some of the
conditions that were imposed.
Councilmember Coleman asked Phil Byrne, Assistant City Attorney, about the possibility of
changing the decision at this point. Mr. Byrne responded that the issue is still before the Council
at this time and could potentially be vetoed by the Mayor whereby it would then come back to the
Council and there would be further proceedings. Unless the Council would plan to open it up and
have a full-scale discussion again and make findings on the record, the procedure at this time is to
act on what the Council did previously.
Councilmember Benanav said he is concerned about the possibility of ex-parte communications
occurring between one side and Councilmembers which could result in additional problems.
Councilmember Benanav moved approval.
Adopted Yeas - 4 Nays - 2 (Harris, Reiter)
FOR DISCUSSION
29. Resolution - 99-566 - Calling for the Mayor to appoint representatives from the City Council and
the City of Saint Paul's Collective Bargaining Units to serve on the Compete St. Paul Executive
Board.
Councilmember Lantry moved to introduce a substitute resolution. The resolution indicates that
two City Councilmembers should be appointed to the Labor-Management Committee that's being
formed and not to the Executive Board of Compete St. Paul. Lantry said she did not
see the two members as necessarily being voting members but felt the Council should be part of
the process.
Councilmember Lantry moved approval.
Substitute introduced and adopted Yeas - 6 Nays - 0
30. Presentation by Brian Sweeney, Department of Planning and Economic Development, on the
development of standard pre-approved home designs. (Requested by Council on May 5, 1999)
Mr. Sweeney appeared and requested a one week layover.
Councilmember Coleman moved to lay over one week.
Laid over to June 23 Yeas - 6 Nays - 0
June 16, 1999 City Council Summary Minutes Page 6
ORDINANCES
31. Final Adoption- 99-395 - An ordinance to establish a distance limitation between establishments
licensed to sell 3.2 percent malt liquor at off-sale. (Substitute introduced
and laid over from June 9)
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
32. Second Reading- 99-498 - An ordinance amending Chapter 101 of the Saint Paul Administrative
Code to permit more than one alternate commissioner to serve at one time.
Laid over to June 23 for third reading/public hearing
33. Second Reading - 99-499 - An ordinance amending Chapter 278 of the Saint Paul Legislative
Code; citing the fee for a gambling hall license to Chapter 310.
Laid over to June 23 for third reading/public hearing
34. Second Reading - 99-500 - An ordinance amending Chapter 310 of the Saint Paul Legislative
Code changing license classifications from I, II, and III to "R" for routinely issued licenses, "T"
for temporary licenses, and "N" for licenses in which neighbors are required to be notified; also
amending several license fees and modifying license categories to reflect enforcement costs.
(Substitute introduced on June 9)
Laid over to June 23 for third reading/public hearing
35. Second Reading - 99-501 - An ordinance amending Chapter 316 of the Saint Paul Legislative
Code; citing the fee for manufacturing and distributing of animal foods license.
Laid over to June 23 for third reading/public hearing
36. Second Reading - 99-502 - An ordinance amending Chapter 321 of the Saint Paul Legislative
Code; citing the fees for rooming and boarding houses to Chapter 310 and changing the chapter
title to Rooming and Boardinghouses.
Laid over to June 23 for third reading/public hearing
37. Second Reading - 99-503 - An ordinance amending Chapter 322 of the Saint Paul Legislative
Code; citing the fee for billiard or pool tables and bowling centers to Chapter 310.
Laid over to June 23 for third reading/public hearing
38. Second Reading - 99-504 - An ordinance amending Chapter 325 of the Saint Paul Legislative
Code; citing the fee for close out sales license to Chapter 310.
Laid over to June 23 for third reading/public hearing
June 16, 1999 City Council Summary Minutes Page 7
39. Second Reading - 99-505 - An ordinance amending Chapter 327 of the Saint Paul Legislative
Code; altering the title to accurately describe the various dry cleaning licenses and citing the fees
for the licenses to Chapter 310.
Laid over to June 23 for third reading/public hearing
40. Second Reading - 99-506 - An ordinance amending Chapter 331 of the Saint Paul Legislative
Code; citing the fee for licenses included in Chapter 331 to Chapter 310.
Laid over to June 23 for third reading/public hearing
41. Second Reading - 99-507 - An ordinance amending Chapter 341 of the Saint Paul Legislative
Code; adding "Plant/Service" to the title of the chapter to accurately describe the chapter and
licenses and including the proper title of the department of public health within the chapter's text.
Laid over to June 23 for third reading/public hearing
42. Second Reading - 99-508 - An ordinance amending Chapter 344 of the Saint Paul Legislative
Code; citing the fee for the pawn shop initial investigation fee to Chapter 310.
Laid over to June 23 for third reading/public hearing
43. Second Reading - 99-509 - An ordinance amending Chapter 345 of the Saint Paul Legislative
Code; citing the fee for peddler, solicitor and transient licenses to Chapter 310.
Laid over to June 23 for third reading/public hearing
44. Second Reading - 99-510 - An ordinance amending Chapter 353 of the Saint Paul Legislative
Code; citing the fee for a roller rink license to Chapter 310.
Laid over to June 23 for third reading/public hearing
45. Second Reading - 99-511 - An ordinance amending Chapter 354 of the Saint Paul Legislative
Code; deleting all references to a sanitary disposal license, except for the vehicle license, to
comply with State law.
Laid over to June 23 for third reading/public hearing
46. Second Reading - 99-512 - An ordinance amending Chapter 357 of the Saint Paul Legislative
Code; citing the fee for solid waste and related licenses to Chapter 310.
Laid over to June 23 for third reading/public hearing
47. Second Reading - 99-513 - An ordinance amending Chapter 359.03 of the Saint Paul Legislative
Code; citing Chapter 310 for the fees for Broadcast Vehicles.
Laid over to June 23 for third reading/public hearing
June 16, 1999 City Council Summary Minutes Page 8
48. Second Reading - 99-514 - An ordinance amending Chapter 360 of the Saint Paul Legislative
Code; citing Chapter 310 for the fee of Public Swimming Pools license.
Laid over to June 23 for third reading/public hearing
49. Second Reading - 99-515 - An ordinance amending Chapter 362 of the Saint Paul Legislative
Code; citing the fee for a tree trimming license to Chapter 310.
Laid over to June 23 for third reading/public hearing
50. Second Reading - 99-516 - An ordinance amending Chapter 363 of the Saint Paul Legislative
Code; citing the fee for a vending machine license to Chapter 310.
Laid over to June 23 for third reading/public hearing
51. Second Reading - 99-517 - An ordinance amending Chapter 364 of the Saint Paul Legislative
Code; citing the fee for a veterinary hospital license to Chapter 310.
Laid over to June 23 for third reading/public hearing
52. Second Reading - 99-518 - An ordinance amending Chapter 367 of the Saint Paul Legislative
Code; citing the fee for a tattoo parlor license to Chapter 310.
Laid over to June 23 for third reading/public hearing
53. Second Reading - 99-519 - An ordinance amending Chapter 374 of the Saint Paul Legislative
Code; citing the fee for a food salvage license to Chapter 310.
Laid over to June 23 for third reading/public hearing
54. Second Reading - 99-520 - An ordinance amending Chapter 377 of the Saint Paul Legislative
Code; citing the fee for lawn fertilizer and pesticide application to Chapter 310.
Laid over to June 23 for third reading/public hearing
55. Second Reading - 99-521 - An ordinance amending Chapter 382 of the Saint Paul Legislative
Code; changing the title to Pet Grooming Facilities to more accurately describe the business and
license.
Laid over to June 23 for third reading/public hearing
56. Second Reading - 99-522 - An ordinance amending Chapter 401 of the Saint Paul Legislative
Code; citing Chapter 310 for the fees for a Motor Vehicle and Parts Dealer License.
Laid over to June 23 for third reading/public hearing
57. Second Reading - 99-526 - An ordinance amending Chapter 409.05 and 409.11 of the Saint Paul
Legislative Code; citing Chapter 310 for fees of licenses; waiving fees for government agencies.
Laid over to June 23 for third reading/public hearing
58. Second Reading - 99-527 - An ordinance amending Chapter 410 of the Saint Paul Legislative
Code; citing Chapter 310 for the fee for a non-intoxicating malt liquor license.
Laid over to June 23 for third reading/public hearing
June 16, 1999 City Council Summary Minutes Page 9
59. Second Reading - 99-528 - An ordinance amending Chapter 415 of the Saint Paul Legislative
Code; citing Chapter 310 for the fees for theatre licenses.
Laid over to June 23 for third reading/public hearing
60. Second Reading - 99-529 - An ordinance amending Chapter 420 of the Saint Paul Legislative
Code; citing the fee for a scrap metal processor license to Chapter 310.
Laid over to June 23 for third reading/public hearing
61. Second Reading - 99-530 - An ordinance amending Chapter 422 of the Saint Paul Legislative
Code; citing the fee for a motor vehicle salvage dealer to Chapter 310.
Laid over to June 23 for third reading/public hearing
62. Second Reading - 99-531- An ordinance amending Chapter 424.02 of the Saint Paul Legislative
Code; changing the title to "Gas Stations" and citing the fee for the license to Chapter 310.
Laid over to June 23 for third reading/public hearing
63. Second Reading - 99-532 - An ordinance amending Chapter 426 of the Saint Paul Legislative
Code; citing the fee for cabaret licenses to Chapter 310.
Laid over to June 23 for third reading/public hearing
64. Second Reading - 99-533 - An ordinance amending Chapter 427 of the Saint Paul Legislative
Code; citing the fee for health/sports club license to Chapter 310.
Laid over to June 23 for third reading/public hearing
65. Second Reading - 99-534 - An ordinance amending Chapter 427A of the Saint Paul Legislative
Code; citing the fee for an adult health/sports club license to Chapter 310.
Laid over to June 23 for third reading/public hearing
66. Second Reading - 99-535 - An ordinance amending Chapter 428 of the Saint Paul Legislative
Code; citing the fee for a steam room/bath house license to Chapter 310.
Laid over to June 23 for third reading/public hearing
67. Second Reading - 99-536 - An ordinance amending Chapter 429 of the Saint Paul Legislative
Code; citing the fee for an infectious waste processing facility license to Chapter 310.
Laid over to June 23 for third reading/public hearing
68. First Reading - 99-567 - An ordinance amending Section 357.08 of the Saint Paul Legislative
Code relating to residential composting.
Laid over to June 23 for second reading
June 16, 1999 City Council Summary Minutes Page 10
Suspension Item
Councilmember Lantry moved for suspension of the rules to introduce the following resolution:
Yeas - 6 Nays - 0
Resolution - 99-568 - Authorizing the Department of Fire and Safety Services to enter into into a
hazardous materials emergency response contract with the State of Minnesota, Department of
Public Safety.
Assistant Fire Chief Bataglia appeared. He stated that the resolution is for City Council support
for the continuation of the Department of Fire and Safety Services contract agreement with the
State of Minnesota to provide hazardous materials response. It is continuation of a three-year
contract process.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Coleman moved to adjourn the meeting.
AD ED AT 4:50 P.M.
heit,..
aniel Bostrom, Council President
ATTEST:
Minutes approved by Council
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Assistant Council Secretary
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