Minutes 12-13-2000Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, December 13, 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 - 5 - Benanav, Blakey, Bostrom, Lantry, Reiter
Absent - 2 - Coleman (arrived following consent agenda), Harris (arrived following roll call)
CONSENT AGENDA (Items 1 - 32)
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
1. Claims of Mei -Ling Chung, Page J. Donnelly, Ltd. (amended claim for Fong Her and Steven Her),
Laurie Larson, Neff Law Firm (amended claim for Lawrence Clardy), and Michael A. Zimmer (for
Jacob and Nataly Sherlin on behalf of their daughter, Irene Sherlin, deceased).
Referred to the Employee /Risk Management Division
2. Summons and Complaint in the matter of Siwek Lumber & Millwork, Inc. vs. the City of Saint Paul,
et al.
Referred to the City Attorney's Office
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3. Order Granting Petition and Appointing Commissioners in the matter of the Port Authority of the City
of Saint Paul vs. the City of Saint Paul, et al.
(Condemnation of certain real property for the RiverCentre Pedestrian Link)
Referred to the City Attorney's Office
4. Petition in Condemnation and Motion for Transfer of Title and Possession, etc. in the matter of the
Port Authority of the City of Saint Paul vs. Baillon Company, et al. (Condemnation of certain real
property for the RiverCentre Pedestrian Link)
Referred to the City Attorney's Office
5. Notice of Commissioners' Hearing in the matter of the Housing and Redevelopment Authority of
Saint Paul vs. the City of Saint Paul, et al. concerning condemnation of certain real property located in
the City of Saint Paul.
Referred to the City Attorney's Office
6. Communication from Swidler Berlin Shereff Friedman, LLP regarding the application of Telseon
Cartier Services, Inc. for authority to provide telephone service in the State of Minnesota.
7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on December 15, 2000, in Room 42 City Hall, to consider the application of Todd Bauer, dba Victree
Vehicles, for a Second -Hand Motor Vehicle Dealers License at 637 Rice Street.
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
December 20, 2000 to consider the report of the Administrative Law Judge concerning all licenses held
by Beaver Lounge, Inc., 756 Jackson Street.
9. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on December 28, 2000, at 9:30 a.m., Room 41 City Hall, to consider all licenses held by Dinner Club
2000, 1177 Clarence Street.
10. Letter from the Real Division announcing a public hearing before the City Council on January 3,
2001, to consider the petition of Real Estate Equity Development Company to vacate Idaho Avenue
lying east of Westminster Street and west of Edgemont Street.
11. Letters from the Citizen Service Office /Property Code Enforcement declaring 783 Fuller Avenue
and 508 Sherburne Avenue as nuisance properties and setting date of Legislative Hearings for December
19, 2000, and City Council Hearings for January 3, 2001.
12. Letters from the Citizen Service Office /Property Code Enforcement declaring 452 Edmund Avenue,
981 Euclid Street, and 121 Sims Avenue as nuisance properties. (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
12a. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on December 20, 2000, to consider a preliminary and final plat proposed by
Northern Star Company to create three industrial lots and one outlot to provide for sale of part of the site
to CSM Investors II, Inc. for cleanup and redevelopment as part of the Westgate Industrial Park.
Public Hearing date withdrawn
13. Administrative Order:
D001947 Revising the STAR budget by returning $66,500 to the Cultural STAR program to fund future
projects.
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Noted as on file in the City Clerk's Office
FOR ACTION
14. Resolution - 00 -1146 - Approving the appointment of Gene Olson, by Mayor Coleman, to the Saint
Paul Long -Range Capital Improvement Budget Committee (CIB).
Adopted Yeas - 6 Nays - 0
15. Resolution - 00 -1147 - Concerning adverse action against the On -Sale 3.2 Malt Liquor License held
by Number 5, Inc., dba Angeto's Pizza, 277 McKnight Road South.
Adopted Yeas - 6 Nays - 0
16. Resolution - 00 -1148 - Concerning adverse action against the Cigarette /Tobacco License held by
Robert W. Sime, dba West 7th Street Amoco, 2526 7th Street West.
Withdrawn Yeas - 6 Nays - 0
17. Resolution - 00 -1149 - Suspending the Massage Practitioner's license held by Gina Boots at 134
Western Avenue North.
Adopted Yeas - 6 Nays - 0
18. Resolution - 00 -1150 - Suspending the Massage Practitioner's license held by Melanie Nugent, 899
Lincoln Avenue 43.
Adopted Yeas - 6 Nays - 0
19. Resolution - 00 -1151 - Approving a Settlement Agreement between the City of Saint Paul and Ford
Consumer Finance Industrial Loan Company. (414 Edmund Avenue)
Adopted Yeas - 6 Nays - 0
20. Resolution - 00 -1152 - Authorizing the Police Department to enter into an agreement, which
includes an indemnification clause, with AT &T Wireless Services.
Adopted Yeas - 6 Nays - 0
21. Resolution - 00 -1153 - Inviting the International Council for Local Environmental Initiatives
(ICLEI) to hold the North American Preparatory Conference in the City of Saint Paul during the Spring
of 2001.
Adopted Yeas - 6 Nays - 0
22. Resolution - 00 -1154 - Authorizing the Department of Fire & Safety Services to submit a request for
proposal (RFP) for emergency fire extinguishing services with the Bishop Henry Whipple Federal
Building at Fort Snelling.
Adopted Yeas - 6 Nays - 0
23. Resolution - 00 -1155 - Approving new budget financing and appropriation for charges for service of
the Director of Technology and Management Services.
Adopted Yeas - 6 Nays - 0
24. Resolution - 00 -1156 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 61 Atwater Street #B, and 633 Selby Avenue #B.
Adopted Yeas - 6 Nays - 0
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25. Resolution - 00 -1157 - Approving a pilot project entitled "Saint Paul Public Works Competency
Modeling Project" and accompanying Memorandum of Agreement. Adopted Yeas - 6 Nays - 0
26. Resolution - 00 -1158 - Authorizing the Division of Parks and Recreation to accept a State of
Minnesota Youth Enrichment Program Grant to assist in the development of two soccer fields at
McDonough Recreation Center.
Adopted Yeas - 6 Nays - 0
27. Resolution - 00 -1159 - Approving disbursement of Youth Program Funds to: American Legion Post
4418, Eastview Booster Club, Edgcumbe Community Center Hockey Booster Club, History Day
Support Group, Lexington /Hamline Community Council, Lower East Side Football Association,
Merriam Park Booster Club, Midway Area Youth Athletic Association, Mighty Kids Inner City
Hockey /West Side, St. Paul Midway Little League, St. Paul Police Explorer Post 4454, St. Paul Science
Fair Support Group, Superclown Children's Art Gallery, Venture Crew, 4613 - BSA, and Youth
Express.
Adopted Yeas - 6 Nays - 0
28. Resolution - 00 -1160 - Authorizing the proper City officials to execute a two -year lease agreement
with Ramsey County for 9,600 square feet of storage space for books and library materials.
Adopted Yeas - 6 Nays - 0
29. Resolution - 00 -1161 - Authorizing a temporary construction easement agreement between the
McGough Construction Company and the City of Saint Paul as part of the renovation of the St. Paul
Cathedral.
Adopted Yeas - 6 Nays - 0
30. Resolution - 00 -1162 - Electing to continue participation in the Local Housing Incentives Account
Program under the Metropolitan Council Livable Communities Act.
Adopted Yeas - 6 Nays - 0
31. Resolution - 00 -1163 - Approving "carryforward" of the City's unused 2000 entitlement allocation
(bonding authority) for the purpose of year 2001 issuance of qualified mortgage bonds and mortgage
credit certificates.
Adopted Yeas - 6 Nays - 0
32. Resolution - 00 -1164 - Finalizing City Council action taken September 27, 2000, approving a
preliminary and final plat for East Maryland Clinic at 905 -911 East Maryland Avenue.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
33. Resolution - 00 -1121 - Requesting the Office of LIEP to conduct a study of the liquor license fees
issued to theaters to determine whether the fee set is sufficient to cover the City's licensing and
enforcement costs and whether the reduced fee is economically necessary for theaters, and to report to
the Council by October 1, 2001. (Laid over from December 6)
Laid over to December 20 Yeas - 7 Nays - 0
34. Consideration of the appeal of Maurice Weaver of a Board of Zoning Appeals decision denying two
variances in order to construct an addition to the existing apartment building at 1604 Cohansey Street.
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(Public hearing held and laid over from December 6)
Motion of Intent - Appeal denied
(Variances denied and adopted the findings and conclusions of the Board of Zoning Appeals as
contained in their Resolution 00- 147798 dated November 13, 2000.) Yeas - 6 Nays - 1 (Blakey)
35. Interim report by the City Attorney on 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. (Per C.F. 00 -1069 adopted on November 8)
Clayton Robinson, City Attorney, presented a second interim report; he will also present a final
report on February 7, 2001. Yeas - 7 Nays - 0
36. Resolution - 00 -1165 - Approving the 2001 Civic Organizations Partnership Program (COPP)
recommendations and allocation of funds.
Adopted as amended Yeas - 7 Nays - 0
37. Resolution - 00 -1166 - Adopting the 2001 City of Saint Paul Tax Levy payable in 2001.
Adopted Yeas - 7 Nays - 0
38. Resolution - 00 -1167 - Adopting the 2001 City of Saint Paul Annual Budgets.
Adopted as amended (Attachments were included and amended)
Yeas - 7 Nays - 0
39. Resolution - 00 -1168 - Approving the Saint Paul Port Authority Property Tax Levy Payable in 2001.
Adopted Yeas - 7 Nays - 0
40. Resolution - 00 -1169 - Approving the Saint Paul Housing and Redevelopment Authority (HRA)
Property Tax Levy Payable in 2001 and approving the HRA 2001 Budget.
Adopted Yeas- 7 Nays - 0
41. Resolution - 00 -1170 - Approving the 2001 Saint Paul Regional Water Services Budget.
Adopted Yeas - 7 Nays - 0
42. Resolution - 00 -1171 - Approving the 2001 RiverCentre Authority Budget.
Adopted Yeas - 7 Nays - 0
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.
43. Final Adoption - 00 -1063 - An ordinance to permit certain food establishments to have one unisex
restroom facility for patrons.
Adopted Yeas - 7 Nays - 0
44. Final Adoption - 00 -1064 - An ordinance amending Saint Paul Legislative Code Chapter 310;
adjusting fees for taxicab driver licenses.
Adopted Yeas - 7 Nays - 0
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45. Final Adoption - 00 -1065 - An ordinance to create a separate fee for intoxicating liquor licenses
issued to theaters.
Amended and laid over to December 20 for final adoption
Yeas - 7 Nays - 0
46. Final Adoption - 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 January 24 for final adoption
Yeas - 5 Nays - 0 (Coleman and Harris were not present for vote)
47. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
48. Final Adoption - 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
11 in the unclassified service of Independent School District No. 625 pursuant to Section 12.03.2(H) of
the City of Saint Paul Charter.
Adopted Yeas - 7 Nays - 0
49. Third Reading - 00 -1116 - An ordinance finalizing City Council action approving the petition of
Wayne Carlson to rezone property at 542 and 548 Ohio Street from B -2 to RT -2. (Public hearing was
held November 1, 2000)
Laid over to December 20 for final adoption
50. Second Reading - 00 -1138 - An ordinance placing the position titled Administrative Assistant -LISP
in the unclassified service pursuant to Section 12.03.2(H) of the Saint Paul City Charter.
Laid over indefinitely Yeas - 7 Nays - 0
51. First Reading - 00 -1172 - An ordinance to provide for the assessment and collection of fees for
excessive police and nuisance enforcement services.
Laid over to December 20 for second reading
SusDension Items
Resolution - 00 -1173 - Commending Patrol Officers David Strecker and Mike Duzan for their
exemplary action in pursuit of justice in apprehending suspects in the murder of store clerk at the Mini
Market on the East Side.
Adopted Yeas - 7 Nays - 0
Resolution - 00 -1174 - Scheduling a public hearing before the City Council on December 20, 2000, to
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take testimony on the proposed increases for Sewer Service Availability Charges (SAC) for the years
2001 and 2002.
Adopted Yeas - 7 Nays - 0
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