Minutes 12-6-2000Page 1 of 9
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, December 6, 2000 - 3:30 - 5:00 p.m.
PUBLIC HEARINGS - 5:30 - 6:30 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
• Public Hearings
• Suspension Items
• Housing and Redevelopment Authority
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 26)
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 Alan Braun, Paige J. Donnelly, LTD. (for Fong Her and Steven Her), EMC Insurance
Companies, Benjamin Glumack, Grant Utilities, Inc., Harriet Lizut, Neff Law Firm (for Lawrence
Clardy), Nathan Obrestad, Constance Mary Parizek, The Starting Gate, and Kim Wiley.
Referred to the Employee /Risk Management Division
2. Summons and Complaint, etc., in the matter of Heidi Frison, on her own behalf and behalf of her
minor children, Erica Frison and Keisha Frison, v. the City of Saint Paul, et al.
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Referred to the City Attorney's Office
3. Summons and Complaint in the matter of J.F.T. Corporation and Tracy 1 Stop v. the City of Saint
Paul.
Referred to the City Attorney's Office
4. Communication from Briggs and Morgan in the matter of the Application of Axon Telecom
Minnesota, LLC for a Certificate of Authority to Provide Local Niche Service.
Referred to the City Attorney's Office
5. Communication from Swidler Berlin Shereff Friedman, LLP in the matter of the request of Looking
Glass Networks, Inc. for a Certificate of Public Convenience and Necessity to provide resold facilities -
based local exchange and interexchange telecommunications services in the State of Minnesota.
Referred to the City Attorney's Office
6. Communication from Swidler Berlin Shereff Friedman, LLP in the matter of the application of
CenturyTel to provide telephone service in the State of Minnesota.
Referred to the City Attorney's Office
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on December 20, 2000, to consider the application of Cayuga Street LLC to
rezone property at 178, 182, and 186 Cayuga Street from RT -1 to P -1 to allow development of an off -
street parking lot.
8. Letters from the Citizen Service Office /Property Code Enforcement declaring 240 Milford Street and
721 Payne Avenue as "nuisance properties." (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
9. Administrative Orders:
D001944 Extending the term of Lease Agreement LIB /2 to provide library services in the West Seventh
Community Center through December 31, 2001.
D001945 Approving payment in the amount of $4,430.87 to Minuteman Press for "Peanuts on Parade"
auction invitations.
Noted as on file in the City Clerk's Office
FOR ACTION
10. Approval of minutes of October 25, 2000 and Closed Door Session of November 22, 2000.
Adopted Yeas - 7 Nays - 0
11. 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 to December 13 Yeas - 7 Nays - 0
12. Resolution - 00 -1122 - Approving Cultural STAR Board recommendations and changes to the 2000
Cultural STAR Spending Plan.
Adopted Yeas - 7 Nays - 0
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13. Resolution - 00 -1123 - Establishing the rate of pay for the unclassified position titled Administrative
Assistant -LISP.
Laid over to February 7 Yeas - 7 Nays - 0
14. Resolution - 00 -1124 - Referring the application for an Auto Repair Garage License by Martin
Basurto, dba Amigos Auto Repair, 411 Wabasha Street South, to an Administrative Law Judge (ALJ).
(Legislative Hearing Officer recommends referral to an ALJ)
Adopted Yeas - 7 Nays - 0
15. Resolution - 00 -1125 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at: 1712 Grand Avenue, 1160 Grand Avenue, 1290 Grand Avenue,
234 -238 Dunlap Street South, 1915 Third Street, 927 Hudson Road, 767 Eustis Street, 376 Fuller
Avenue, 1171 Minnehaha Avenue, 300 Arundel Street, 431 Marshall Avenue, 437 Marshall Avenue,
and 633 Selby Avenue #A.
Adopted Yeas - 7 Nays - 0
16. Resolution - 00 -1126 - Authorizing the Department of Fire and Safety Services to apply for a public
safety training grant with Ramsey and Washington Counties for capital improvements for the fire
training center.
Adopted Yeas - 7 Nays - 0
17. Resolution - 00 -1127 - Authorizing Ramsey County to undertake multi - family rental housing
development in the City of Saint Paul.
Substitute introduced and adopted Yeas - 6 Nays - 0 (Harris not present for vote)
18. Resolution - 00 -1128 - Approving conveyance to the Housing and Redevelopment Authority of fee
title to part of Sibley Street vacated on October 25, 2000.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00 -1129 - Authorizing the Police Department to accept a donation from St. Paul
Harley- Davidson /Buell to lease ten Harley Davidson motorcycles for $100.00, valued at $360,000.00.
Adopted Yeas - 7 Nays - 0
20. Resolution - 00 -1130 - Amending the Merriam Park Library budget to reflect rent received and
transferring the money to the 2000 Capital Improvement Budget Council Contingency for allocation.
Adopted Yeas - 7 Nays - 0
21. Resolution - 00 -1131 - Amending the Mounds Park Grant Budget and Capital Improvement Budget
by transferring surplus funds from the completed Indian Mounds Park Oak Savannah Restoration
Project to the Como Park Improvement Project.
Adopted Yeas - 7 Nays - 0
22. Resolution - 00 -1132 - Amending the Como Park Improvement Grant Budget and Capital
Improvement Budget by transferring surplus funds from the completed Indian Mounds Park Oak
Savannah Restoration Project to the Como Park Improvement Project.
Adopted Yeas - 7 Nays - 0
23. Resolution - 00 -1133 - Establishing a new project in the 2000 Capital Improvement Budget entitled
"Raising the Bigtop - Circus of the Star" for the purchase of equipment and furnishings.
Adopted Yeas - 7 Nays - 0
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24. Resolution - 00 -1134 - Authorizing the Division of Parks and Recreation to enter into a grant
agreement with the Minnesota Department of Natural Resources, in the amount of $164,000.00, for
operation and maintenance at the Como Zoo Conservatory.
Adopted Yeas - 7 Nays - 0
25. Resolution - 00 -1135 - Authorizing the Division of Parks and Recreation to issue an RFP for
software and services to permit Internet access to booking tee -times as well as centralized telephone
reservation capabilities, and waiving managed competition requirements found in the Administrative
Code.
Adopted Yeas - 6 Nays -1 (Lantry)
26. Resolution - 00 -1136 - Requesting approval by the Minnesota State Colleges and Universities Board
of Trustees of St. Paul Technical College's proposal for community and technical college status.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
27. Resolution - 00 -1137 - Authorizing a lease purchase agreement for the central library renovation and
authorizing the execution of the Bond Purchase Agreement and a Continuing Disclosure Agreement. (To
be laid over for vote after the public hearing on Item 39 at 5:30 p.m.)
Adopted Yeas - 5 Nays - 0 (Coleman & Harris excused)
28. Resolution - 00 -916 - Disbanding the Downtown Airport Advisory Council and replacing it with the
Saint Paul Airport Relations Council. (Laid over from October 18)
Laid over to December 20 Yeas - 7 Nays - 0
29. Resolution - 00 -918 - Granting a waiver in order for the Office of Human Resources and the
Division of Contract and Analysis Services to establish master contracts for certain temporary staff
positions. (Laid over from November 1)
Laid over to December 20 Yeas - 7 Nays - 0
30. Resolution - 00 -1062 - Changing Civil Service Rule 4 "Announcements of Positions
Available." (Laid over from November 15)
Laid over to January 3 Yeas - 7 Nays - 0
31. Report on the status of the East Building of the Science Museum Building, District 17. (Laid over
from November 22)
Jeff Nelson and Brian Sweeney, Department of Planning and Economic Development, gave a
presentation. An additional report will be presented on January 3, 2001.
32. Consideration of 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. (Public hearing
held November 15; laid over from November 22)
Motion of Intent - appeal denied and adopted the Planning Commission's findings. The Council
determined that the Planning Commission did not err as follows:
1) The traffic from proposed non - conforming use was more intense than the prior non - conforming
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use and did not meet the requirements of Legislative Code Section 62102(i)(3);
2) The reasonable accommodation that the applicants sought (or were given) would allow a use
that is not permitted in a R -T1 zoning district. In fact, the use is only first permitted in an RM -1
zoning district subject to Special Condition Use Permit. Granting this type of accommodation
would constitute a substantial modification of the City's zoning code and its goal to eliminate non-
conforming uses from neighborhoods. The applicants have no attempt to demonstrate why the
zoning restrictions on this building and in this neighborhood need to be modified.
3) Granting this application is also contrary to the needs of other handicapped persons who have
had to follow the City's zoning code in order to operate their facilities; and
4) Granting this application will influence future non - conforming use applications and could
negatively impact the City's overall zoning plan especially as it applies to housing in our
neighborhoods.
Yeas - 6 Nays - 1 (Benanav)
(Harris was excused at this time)
33. 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 January 3, 2001.
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.
34. Final Adoption - 00 -1022 - An ordinance amending Saint Paul Legislative Code Section 66.214
eliminating the language that permits advertising signs within 660 feet of the right of way of the
Lafayette Freeway and Interstate Highway 94 between the Lafayette Freeway and Robert Street. (Laid
over from November 22)
Withdrawn Yeas - 6 Nays - 0 (Harris excused)
35. Final Adoption - 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.
(Amended and laid over from November 22)
Laid over to January 3 Yeas - 6 Nays - 0 (Harris excused)
36. Second 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 13 for third reading 37. Second Reading - 00 -1117 - An ordinance preserving
the status quo with respect to the use of property for methadone outpatient treatment services pending
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completion of a study of these facilities by the Planning Commission.
Laid over to December 20 for third reading /public hearing
38. First 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 to December 13 for second reading
(Coleman was excused at this time)
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
39. Resolution - 00 -1139 - Approving the amendment to the Redevelopment Plan for Seventh Place
Redevelopment Project Area.
Adopted as amended Yeas - 5 Nays - 0 (Coleman & Harris excused)
40. Third Reading - 00 -1063 - An ordinance to permit certain food establishments to have one unisex
restroom facility for patrons. (Laid over from November 15)
Laid over to December 13 for final adoption
41. Third Reading - 00 -1064 - An ordinance amending Saint Paul Legislative Code Chapter 310;
adjusting fees for taxicab driver licenses. (Laid over from November 15) 1
Laid over to December 13 for final adoption
42. Third Reading - 00 -1065 - An ordinance to create a separate fee for intoxicating liquor licenses
issued to theaters. (Laid over from November 15)
Laid over to December 13 for final adoption
43. Third 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 from November 15)
Laid over to December 13 for final adoption
44. Third 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 from November 15)
Laid over to December 13 for final adoption
45. Third 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
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. (Laid over from November 15)
Laid over to December 13 for final adoption
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46. Resolution - 00 -433 - Revoking the provisional operator status as a taxicab driver for Dwight Smith
for failure to enroll in the taxicab driver training course. (Laid over from September 6)
Withdrawn Yeas - 5 Nays - 0 (Coleman & Harris excused)
47. Resolution - 00 -998 - Revoking the Provisional Taxicab Driver's License held by Kirk Robledo,
1239 Herbert Street, 4124, Saint Paul, for failure to enroll and complete a taxicab driver training course.
(Laid over from October 25)
Withdrawn Yeas - 5 Nays - 0 (Coleman & Harris excused)
48. Resolution - 00 -1000 - Revoking the Provisional Taxicab Driver's License held by Hassan Sheikh -
Hassan, 1577 Timberlake Road, #B, Saint Paul, for failure to enroll and complete a taxicab driver
training course. (Laid over from October 25)
Adopted Yeas - 5 Nays - 0 (Coleman & Harris excused)
49. Resolution - 00 -1001 - Revoking the Provisional Taxicab Driver's License held by Raymond Valley,
316 Robert Street North, Saint Paul, for failure to enroll and complete a taxicab driver training course.
(Laid over from October 25)
Adopted Yeas - 5 Nays - 0 (Coleman & Harris excused)
50. Resolution - 00 -1140 - Revoking the Provisional Taxicab Driver's License held by Alonzo Crenshaw
for failure to enroll and complete a taxicab driver training course.
Adopted Yeas - 5 Nays - 0 (Coleman & Harris excused)
51. Resolution - 00 -904 - Approving the vacation of parts of John Street and an alley for construction of
the new Law Enforcement Center. (Vacation File 41 -2000) (Laid over from October 25)
Laid over to January 24 for public hearing
Yeas - 5 Nays - 0 (Coleman & Harris excused)
(Note: Action taken by Council laid this matter over to January 17; however, that is not a public
hearing date)
52. Resolution - 00 -1141 - Establishing No Parking from 8:00 a.m. to 8:00 p.m., Monday through
Friday, except by permit, Area 22, zone on both sides of Goodrich Avenue between Cleveland Avenue
and Finn Street.
Adopted Yeas - 5 Nays - 0 (Coleman & Harris excused)
53. Resolution - 00 -1142- Establishing No Parking from 8:00 a.m. to 8:00 p.m., Monday through Friday,
except by permit, Area 22, zone on both sides of Fairmount Avenue between Cretin Avenue and Finn
Street.
Adopted Yeas - 5 Nays - 0 (Coleman & Harris excused)
54 Resolution - 00 -1143 - Establishing No Parking Except by Permit, Area 23, on the east side of
Mississippi River Boulevard from Goodrich Avenue to Princeton Avenue to St. Clair Avenue and on
both sides of Princeton Avenue from Woodlawn Avenue to Mississippi River Boulevard.
Adopted Yeas - 5 Nays - 0 (Coleman & Harris excused)
55. Public hearing regarding the City's Notice of Intent to Franchise Providers of Cable Communication
Service and applications received from Everest Connections Corporation and WideOpenWest
Minnesota, LLC. (Laid over from September 27 for continuation of public hearing)
Public hearing continued to March 28
Yeas - 4 Nays - 0 (Benanav not present; Coleman & Harris excused)
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56. Public hearing to consider 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.
Public hearing held and laid over to December 13
Yeas - 5 Nays - 0 (Coleman & Harris excused)
Suspension Items:
Resolution - 00 -1144 - Increasing the pedestrian connection (between RiverCentre and the downtown
skyway system) total project cost to $10,770,000 and directing staff to enter into any necessary
agreements.
Adopted Yeas - 6 Nays - 0 (Harris excused)
Resolution - 00 -1145 - Authorizing the City to accept twenty (20) tickets from the Saint Paul Arena
Company for the December 16, 2000, presentation of the "Child of Promise" Christmas Pageant.
Adopted Yeas - 6 Nays - 0 (Harris excused)
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE
CITY OF SAINT PAUL, MINNESOTA
CONTINUATION MEETING FROM NOVEMBER 22, 2000 TO WEDNESDAY, DECEMBER
6, 2000 CITY COUNCIL CHAMBERS
5:30 P.M.
(Following consideration of City Council Agenda Items 27 and 39)
AGENDA
ROLL CALL
DISCUSSION
1. Resolution Amending the Redevelopment Plan for the Seventh Place Project (Saint Paul Central
Library Block), District 17.
Adopted as amended Yeas - 5 Nays - 0 (Coleman & Harris excused)
2. Resolution (A) Authorizing the Issuance of Saint Paul Central Library Renovation Lease Revenue
Bonds, Series 2000, and (B) Authorizing the Execution of Various Documents in Connection with the
Bonds and Related Transaction and (C) Amending the Budget, District 17.
Adopted Yeas - 5 Nays - 0 (Coleman & Harris excused)
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