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Minutes 11-8-2000Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, November 8, 2000 3:30 - 5:00 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651- 266 -8565 Office of the City Council Web Index • Consent Agenda • Communications and Administrative Orders • For Action • For Discussion • Ordinances • Suspension Items Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Blakey (arrived after the consent agenda) CONSENT AGENDA (Items I - 14) 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, 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 November 15, 2000, to consider the appeal of Buffalo Sober Group, LLC to a decision of the Planning Commission denying an application for a Change of Nonconforming Use Permit to establish a rooming house at 97 North Oxford Street providing permanent living facilities for 24 men in early sobriety. 1. Summons and Complaint in the matter of Ford Consumer Finance Industrial Loan Company, a fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164510\Minutes 11... 12/15/2010 Page 2 of 6 Minnesota corporation, now known as Associates Home Equity Industrial Loan Company, a Minnesota corporation, vs. the City of Saint Paul. Referred to the City Attorney's Office 1 a. Letter from the Office of the City Attorney announcing a public hearing before the City Council on November 15, 2000, to consider adverse action against the Cigarette /Tobacco License held by Apple American Limited Partnership of MN, dba Applebee's Neighborhood Grill & Bar, 1600 University Avenue West. Letter from the Office of the City Attorney announcing a public hearing before the City Council on November 15, 2000, to consider adverse action against all licenses held by Food Square Grocery & Deli, Inc., 962 Burr Street. 2. Administrative Orders: D001935 Amending the 2000 budget in the Office of LISP to properly classify Fund 320. D001936 Authorizing the Department of Fire and Safety Services to pay costs for their new Chaplain, Father Daniel Conlin, to attend the "Chaplains in Community Crisis" in Faribault, Minnesota. D001937 Amending the spending and financing plans in the Department of Public Works for the Margaret /Arcade RSVP and 1998 Sewer Rehabilitation Program. Noted as on file in the City Clerk's Office FOR ACTION 3. Approval of minutes of October 11, 2000. Adopted Yeas - 6 Nays - 0 4. Resolution - 00 -1052 - Requesting the Planning Commission to study, report and submit a recommendation concerning the proposed Thomas /Dale District 7 Area Special Sign District. Adopted Yeas - 6 Nays - 0 5. Resolution - 00 -1053 - Releasing easements in vacated Hamline Avenue located in the plat of Energy Park No. 2. Adopted Yeas - 6 Nays - 0 6. Resolution - 00 -1054 - Approving an increase to the General Fund General Government budget in the Department of Technology and Management Services to reflect expected Science Museum of Minnesota (East) spending for the entire year. Adopted Yeas - 5 Nays - 0 (Blakey and Reiter not present) 7. Resolution - 00 -1055 - Amending the spending and financing plans of the Snelling Streetscape project by adding $75,000 of STAR Grant monies for lighting. Adopted Yeas - 6 Nays - 0 8. Resolution - 00 -1056 - Finalizing City Council action taken September 6, 2000, approving a preliminary and final plat for Ridgewood Bluff along the west side of Highway I -35E between Palace and Juliet Avenues. Adopted Yeas - 6 Nays - 0 9. Resolution - 00 -1057 - Amending Year 2000 Debt Service Fund budget in the Department of file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164510\Minutes 11... 12/15/2010 Page 3 of 6 Planning and Economic Development to include principal and interest payment on the $3,000,000 Revenue Note, Series 1997 (Science Museum Project). Laid over to November 15 Yeas - 6 Nays - 0 10. Resolution - 00 -1058 - Suspending the Cigarette /Tobacco License held by Twin Cities Stores, Inc. 4571 dba Oasis Market, 2067 Grand Avenue. Withdrawn Yeas - 6 Nays - 0 11. Resolution - 00 -1059 - Suspending the 3.2 Malt Off -Sale License held by Speedway Superamerica LLC, dba Superamerica, 1333 Thomas Avenue. Withdrawn Yeas - 6 Nays - 0 12. Resolution - 00 -1060 - Suspending the 3.2 Malt On -Sale License held by Bee Thao and Adam Thao, dba Thai Esan Restaurant, 432 University Avenue West. Adopted Yeas - 6 Nays - 0 13. Resolution - 00 -1061 - Amending the 2000 budget in the Office of LIEP Special Fund 320. Adopted Yeas - 6 Nays - 0 14. Resolution - 00 -1062 - Changing Civil Service Rule 4 "Announcements of Positions Available." Laid over to November 15 Yeas - 6 Nays - 0 DISCUSSION 15. Update by Bill Gunther, Environmental Health Director (LISP), on issues related to noise and odor at the Minnesota Brewing Company /Gopher State Ethanol Plant. (Monthly updates were requested by the Council on August 9) Dan Smith, Department of Planning and Economic Development and Bill Gunther, Office of License, Inspections and Environmental Protection presented an update. An additional update will be provided on December 6, 2000. (See Resolution 00 -1069 brought in under suspension) 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. 16. Final Adoption - 00 -550 - An ordinance to regulate newsracks that are located within public rights - of -way. (Laid over from October 25) Substitute introduced and laid over to November 22 for final adoption Yeas - 7 Nays - 0 17. Final Adoption - 00 -862 - An ordinance amending Saint Paul Legislative Code Section 33.04 by inserting the 50% reduction of all housing related permits as part of an extension of a pilot program, from January 1, 2001, to December 31, 2001, to increase housing in Saint Paul. (Amended November 1) Amended and laid over to November 15 for final adoption Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164510\Minutes 11... 12/15/2010 Page 4 of 6 18. Final Adoption - 00 -971 - An ordinance amending Saint Paul Legislative Code Chapter 409.06 prohibiting off -sale liquor licenses within 300 feet of residentially zoned property, parks or child care centers and setting forth conditions under which the distance restriction can be waived. Adopted Yeas - 7 Nays - 0 19. Final Adoption - 00 -972 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof facilitating the development of a mixed -use urban village on the West Side Flats. (Substitute introduced October 25) Adopted Yeas - 7 Nays - 0 20. Final Adoption - 00 -973 - An ordinance amending sections of Chapter 66 of the Saint Paul Zoning Code pertaining to signs as recommended by the Saint Paul Planning Commission pursuant to Council File No. 97 -1658 and Minn. Stat. §462.355, Subd. 4. (Substitute introduced October 25) Substitute introduced and amended and laid over to November 15 for final adoption Yeas - 5 Nays - 2 (Blakey & Reiter) 20a. Second Reading - 00 -1042 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans creating a new special sign district ordinance for the East Side neighborhoods to be known as the Greater Eastside Area Special District Sign Plan. Laid over to November 15 for third reading /public hearing 21. Second Reading - 00 -1043 - An ordinance declaring a moratorium on commercial variances, new business licenses and SCUPs in the area designated in the White Bear Avenue Small Area Plan. Laid over to November 15 for third reading /public hearing 22. Second Reading - 00 -1044 - An ordinance amending Saint Paul Legislative Code Chapter 409 requiring dramshop insurance coverage for temporary wine and liquor licenses and correcting an obsolete reference to Class II licenses. Laid over to November 15 for third reading /public hearing 23. Second Reading - 00 -1045 - An ordinance amending Saint Paul Legislative Code Chapter 410 requiring dramshop insurance coverage for temporary 3.2 beer licenses and correcting an obsolete reference to Class II licenses. Laid over to November 15 for third reading /public hearing 24. Second Reading - 00 -1046 - An ordinance placing the position titled Emergency Paramedical Services Chief in the unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. Laid over to November 15 for third reading /public hearing 25. First Reading - 00 -1063 - An ordinance to permit certain food establishments to have one unisex restroom facility for patrons. Laid over to November 15 for second reading 26. First Reading - 00 -1064 - An ordinance amending Saint Paul Legislative Code Chapter 310; adjusting fees for taxicab driver licenses. Laid over to November 15 for second reading 27. First Reading - 00 -1065 - An ordinance to create a separate fee for intoxicating liquor licenses issued file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164510\Minutes 11... 12/15/2010 Page 5 of 6 to theaters. Laid over to November 15 for second reading 28. First Reading - 00 -1066 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code pertaining to special sign district sign plans by creating a new special sign district plan for the Thomas /Dale District 7 Neighborhood to be known as the Thomas/Dale District 7 Special District Sign Plan. Laid over to November 15 for second reading 29. First Reading - 00 -1067 - An ordinance placing the positions represented by the collective bargaining agreement between Independent School District No. 625 and Saint Paul Supervisors Organization titled Accountant IV, Accountant V, Accounting Manager, Chief Accountant, Electronic Data Management Supervisor, Employee Benefits Manager, Internal Auditor, Inventory and Records Manager, Officer Manager, Payroll Manager, Purchasing Manager, and Transportation Administrator in the unclassified service of Independent School District No. 625 pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. Laid over to November 15 for second reading 30. First Reading - 00 -1068 - An ordinance placing the positions represented by the labor agreement between Independent School District No. 625 and City of Saint Paul Manual and Maintenance Supervisors' Association titled School Bus Garage Supervisor, Food Service Equipment Specialist, Facility Operations Coordinator I, Grounds and Labor Supervisor, and Facility Operations Coordinator II in the unclassified service of Independent School District No. 625 pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. Laid over to November 15 for second reading Suspension Items Resolution - 00 -1069 - Requesting the City Attorney to review the matter of the operations of the Gopher State Ethanol Plant and the effect of those operations as to whether there exists sufficient grounds to merit preparation of legal action and report to the City Council on November 22, 2000, as to the status of its review. Adopted Yeas - 7 Nays - 0 Resolution - 00 -1070 - Supporting the loan for a $50,000.00 investment from the Minnesota Agriculture and Economic Development Board for the purpose of economic benefit to businesses located within the City. Adopted Yeas - 7 Nays - 0 Resolution - 00 -1071 - Amending Council File 400 -896 adopted by the City Council on September 27, 2000, to read that removal or repair of the structure at 1246 Seventh Street East must be completed within one hundred eighty (180) days after the date of the Council Hearing on September 27, 2000. Adopted Yeas - 7 Nays - 0 Resolution - 00 -1072 - Accepting gifts from the Saint Paul Convention and Visitor's Bureau and declaring the trip to Boston, Massachusetts on November 16 -18, 2000, as a public purpose for the City Clerk and Deputy City Clerk to bid for the International Institute of Municipal Clerks (IIMC) annual conference in 2005. Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164510\Minutes 11... 12/15/2010 Page 6 of 6 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_164510\Minutes 11... 12/15/2010