Approved Minutes 9-12-2001Page 1 of 9
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 12th, 2001 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
. Suspension Items
The meeting was called to order at 4:10 p.m. by Council President Bostrom.
Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey (arrived following roll call)
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.
Councilmember Coleman requested Item 18 be removed for discussion.
Councilmember Lantry moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Dudley and Smith Law Firm (for George Burns), Dudley and Smith Law Firm (for John
Emanuel Jensen, Jr.), Marden Law Office (for John and Sarah Derks) and Andrew Wakooli.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Dennis Klein vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
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3. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
September 19, 2001, to consider the report of the Administrative Law Judge concerning the Auto Repair
Garage License held by Felipe Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East.
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
September 19, 2001, to consider the License Application by D & M Tuscany, Inc., dba Tuscany Grill &
Pizzaria, 1051 Hudson Road.
5. Letters from the Citizen Service Office /Property Code Enforcement Division declaring 397 Aldine
Street, 473 Hatch Avenue, 715 Preble Street and 850 Sims Avenue as nuisance properties, and setting
date of Legislative Hearings for September 25, 2001, and City Council Hearings for October 3, 2001.
6. Letters from the Citizen Service Office /Property Code Enforcement Division declaring 292 Burgess
Street and 294 Burgess Street as nuisance property. (For notification purposes only; public hearing will
be scheduled at a later date if necessary.)
7. Letter from the Real Estate Division announcing a public hearing before the City Council on October
3, 2001, to consider the petition of the City of Saint Paul to vacate the City's interest in surplus property
purchased for the Science Museum site and be conveyed to the Housing and Redevelopment Authority
for relocation of the Quinlan House. (Lots 9, 10 and except the Northwesterly 101.23 feet, Lot 1, Block
35, Rice & Irvine's Addition, Blocks 26 through 41 and 46 through 53.)
8. Administrative Orders:
D002061 Authorizing up to six Internet Crimes Against Children Task Force participants (non -City
employees) to attend the National ICAC Training Conference held in New Orleans, LA from December
6-9,2001.
D002062 Authorizing and directing to pay Public Art Saint Paul for its additional costs and expenses of
restoration and reinstallation of the Rice Park fountain sculpture in an amount not to exceed $1,508.00.
D002063 Authorizing payment to Dr. Ralph Farnsworth, Como Zoo Veterinarian in the amount of
$1,436. to attend the 2001 Annual Conference of the American Association of Zoo Veterinarians in
Orlando, Florida, September 19 -23, 2001.
D002064 Authorizing and directing the Department of Public Works to renew Lease Agreement PW /41
with the Eller Media Company by granting the continued use of 3,750 square feet of vacant land near
Cayuga Street and Interstate -35E for the purpose of operating and maintaining an outdoor advertising
sign.
D002065 Authorizing travel expenses in the Police Department, not to exceed $1,000.00, for one non -
City employee from the Grand Island Police Department, Nebraska, to present training on the subject of
safe police motorcycle operation on September 16 to 22, 2001.
Noted as on file in the City Clerk's Office
FOR ACTION
9. Approval of minutes of August 8 and August 15, 2001.
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August 8, 2001, minutes adopted and August 15, 2001, minutes laid over to September 19 Yeas - 7 Nays
-0
10. Resolution - 01 -950 - Approving payment in the amount of $6,000.00 to Larry Liggons and his
attorney Paul Gatto in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
11. Resolution - 01 -951 - Approving a pilot project, in accordance with Civil Service Rule 8.A.6,
entitled, "The Saint Paul Public Works Competency Modeling Project" and the Letters of Agreement
with Saint Paul Supervisors Organization and AFSCME Technical 41842.
Adopted Yeas - 7 Nays - 0
12. Resolution - 01 -952 - Accepting funds from the Bill & Melinda Gates Foundation, U.S. Library
Program, to enhance the computing environment within Saint Paul Public Libraries and create a
computer laboratory at the Rice Street Branch Library.
Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -953 - Authorizing the Police Department to enter into multi - agency law enforcement
agreements with the City of Minneapolis, Ramsey County Sheriff's Department and the Orono Police
Department for participation in the Saint Paul Police Department's Internet Crimes Against Children
Task Force (ICAC).
Adopted Yeas - 7 Nays - 0
14. Resolution - 01 -954 - Amending the Police Department's 2001 financing and spending plan for the
Cops More 1996 Grant.
Adopted Yeas - 7 Nays - 0
15. Resolution - 01 -955 - Amending the Police Department's 2001 financing and spending plan for the
East Metro Coordinated Narcotics Task Force Interagency Agreement.
Adopted Yeas - 7 Nays - 0
16. Resolution - 01 -956 - Amending the Police Department's 2001 financing and spending plan for the
2000 Juvenile Accountability Incentive Block Grant.
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -957 - Accepting a Local Law Enforcement Block Grant, authorizing the Police
Department to enter into an agreement with Ramsey County and setting a date for a public hearing on
October 3, 2001, on the proposed use of the 2001 Local Law Enforcement Block Grant.
Adopted Yeas - 7 Nays - 0
18. (Discussed after the consent agenda)
19. Resolution - 01 -959 - Setting a public hearing date of November 7, 2001, for the proposed Sanitary
and Storm Sewer Service Charges for the year 2002.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -960 - Approving the September 4, 2001, decisions of the Legislative Hearing
Officer on Property Code Enforcement Appeals for the following addresses: 803 Maryland Avenue East,
627 Mendota Street, 614 Western Avenue North and 1094 Loeb Street.
Adopted Yeas - 7 Nays - 0
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21. Resolution - 01 -961 - Approving the application for a Pawn Shop License by DJO, Inc., dba
American Pawn Shop, 486 Robert Street North. (Legislative Hearing Officer recommends approval)
Adopted Yeas - 7 Nays - 0
22. Resolution - 01 -962 - Reinstating the provisional operator license for Byron Turner for ninety days
to complete the requirements of taxicab driver training.
Adopted Yeas - 7 Nays - 0
23. Resolution - 01 -963 - Concerning adverse action against the Liquor On -Sale and Sunday On -Sale
Liquor Licenses held by James Murray dba Jimmy Mac's, 756 Jackson Street.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -958 - Adopting a maximum annual tax levy and an adjusted tax rate for 2002.
Councilmember Coleman presented a substitute resolution. He explained that the resolution is a
recognition of the very strong efforts the city has taken over the last several years to maintain the tax
levy at the previous year's level. There has been a zero percent increase for seven years but it can hardly
continue and he feels the time has come to recognize the fact that the city has lived on very lean budgets,
that there are drastic changes in local government aid formulas, what the burden of area services are for
the City of St. Paul vs. what the State had previously picked up, and mostly a lot of uncertainty about
what the future holds in terms of how projects will be financed and how to meet the minimum needs that
the citizens have come to expect. Coleman said his budget sets a 3% maximum levy which does not
mean the levy is set at that amount. Rather, during the budget discussions over the next few months the
Council has the opportunity, if necessary, to not sacrifice the fiscal stability by dipping unnecessarily
deep into the general fund balance but that some flexibility is created which was anticipated by the
Legislature.
He noted that Gary Carlson of the Minnesota League of Cities followed the Legislature very closely and
has reported in his analysis that it was specifically anticipated that some of the shifts in funding would
fall to the cities and that cities would increase their levies to meet some of the demand that was no
longer being met by the State.
Councilmember Coleman further stated that Friends of the Library have come before the Council and
requested increases in funding for the libraries and have laid out a good case as to why the needs of
libraries are not being met. In previous years, there has been talk about the need to have stronger support
budgets, maintenance budgets for the recreation centers, better snow plowing, more ice rinks, as well as
other things that were set as goals. Coleman said he felt they were going blindly into the budget
discussions and to set a policy saying the levy will not be raised is premature at this point. He feels the
Council needs the flexibility to do that.
Councilmember Blakey said he could support a levy increase if the Council was making some of the
hard choices and taking a serious look at what sort of efficiency there is in the city. He once again raised
the issue of the Fire Department, the high number of deputy chiefs and the overtime they receive and
said that issue has still not been dealt with. He said he feels there is a waste in city government and that
it's not good policy to increase the levy under those circumstances.
Motion failed Yeas - 2 Nays - 5 (Benanav, Blakey, Bostrom, Harris, Lantry)
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Councilmember Benanav introduced a substitute resolution. He explained that it recognizes some of the
issues the Council identified early on in the budget discussions and asks the administration to work with
the Council to resolve the issues. It does not raise the levy for this year.
Susan Kimberly, Deputy Mayor, said the final resolve of the resolution is acceptable to the
administration. The resolution is written in a way that they feel may cast a light on certain things that are
just part of the process. A very strong and solid budget was delivered to the Council and now it's up to
the Council to make decisions.
Councilmember Harris said he felt the levy can be kept at zero percent increase and still provide the
necessary city services.
Substitute introduced and adopted Yeas - 5 Nays - 2 (Coleman, Reiter)
FOR DISCUSSION
24.Update by the Police Department on data compiled (absent individual officer identification), as well
as efforts developed, implemented strategies and practices used to prevent racial profiling. (Requested
by the City Council per Council File 01 -520 adopted on July 11, 200 1)
Councilmember Lantry moved to lay over one week.
Laid over to September 19 Yeas - 7 Nays - 0
25.Report from the Council Research Center and City Attorney's Office regarding their review of the
negotiated agreement between the Police Department and the local chapter of the NAACP and
discussions between interested parties and community groups to determine City policy. (Requested by
the City Council per Council File 01 -520 adopted on July 11, 200 1)
Councilmember Lantry moved to lay over one week.
Laid over to September 19 Yeas - 7 Nays - 0
26. Resolution - 01 -768 - Authorizing the City to enter into the Downtown Riverfront Compact with
Capital City Partnership, Saint Paul Port Authority, Saint Paul RiverCentre Authority, and the Saint Paul
Riverfront Corporation for the purpose of working together with other community partners to begin the
process of outlining a future riverfront development agenda. (Laid over from August 8)
Councilmember Lantry moved to amend line 6 of the resolution by removing Saint Paul RiverCentre
Authority.
Councilmembers Coleman and Harris disagreed with the amendment saying the RiverCentre Authority
is a vital part of the City and they're doing a great job. They have showcased St. Paul more than
anything else that has been done, Coleman said.
Councilmember Lantry said the Convention and Visitors Bureau plays a very large role in attracting
conventions to the RiverCentre complex, hotels, etc. and they are not a part of the riverfront discussions.
When this was passed at the Port Authority it included Capital City Partnership, City of St. Paul, the
Port Authority, and the Riverfront Corporation.
Brian Sweeney, Director of the Department of Planning and Economic Development, said there has
been a lot of discussion about this compact. The initial premise of the discussion was that it was not
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going to be about personality but that the structure that is set up is the structure that has worked.
Everyone agrees that within this document the next phase of the framework has to be looked at. There
may be some additional entities that come into the development corp. This is about structures that are
working, moving forward, and have been successful, Sweeney said.
Councilmember Blakey expressed concern about the lack of communication between the RiverCentre
and the City Council. He also mentioned the cash flow problems and said he would like to have those
issues resolved.
Susan Kimberly, Deputy Mayor, responded that she felt there were two things going on in the
conversation with the Council. One is the legitimate issue of policy and one is the legitimate issue of
what is the appropriate role and vision for the RiverCentre. She said the Administration supports the
expanded vision as they think it's the right thing for the city and that it's critically important in how they
do it. She told Blakey she would be willing to arrange any kind of discussion with the Council about the
vision and the policy. In terms of the budget, staff from RiverCentre will be before the Council to sort
out all of their budgetary issues.
Council President Bostrom said his concern is with the mission of the RiverCentre authority which
reads: "Its leadership role is to enhance the visitor entertainment and experience in downtown St. Paul
and to advocate for the surrounding entertainment district." When the authorizing language is looked up
in State law, that language is not in there, he said. However, the city has a contract with St. Paul Arena
Corporation, they are the people responsible for doing this, and Bostrom said that has been his
complaint with the process all along. The Arena Company is responsible for the promotion and for
making the RiverCentre work; they took on that responsibility when they entered into a contract with the
city.
Councilmember Lantry moved approval as amended.
Adopted as amended Yeas - 4 Nays - 3 (Coleman, Harris, Reiter)
27. Resolution - 01 -837 - Seeking to maintain two -way traffic and parking on both sides of Scudder
Street between Blake Avenue and Gordon Avenue as part of the Knapp - Hillside RSVP Project. (Laid
over from September 5)
Councilmember Benanav moved to lay over two weeks.
Laid over to September 26 Yeas - 7 Nays - 0
28.Resolution - 01 -847 - Authorizing the Police Department to enter into an agreement with
Collaborative Movement for Improvement/New Beginnings Center for project coordination of Police
Department issues at the Summit University Weed and Seed Site. (Laid over from September 5)
Councilmember Blakey said his staff requested information on the financial statement for the year 2000
and what the administrative fee is for CMI/New Beginnings.
Western District Commander John Harrington, Police Department, appeared. He said the administrative
fee paid to the CMI/New Beginnings program is 3 -1/2% which was the lowest bid of all of the fiscal
agents that responded to the request for proposal that went out asking for a fiscal agent to manage the
money for the Summit -U Weed and Seed program. In terms of the process, there was a formal request
for proposal that was dated October 16, 2000, asking for fiscal agents based in the community to
manage the $125,000 Weed and Seed project. There were also informal discussions where they reached
out to the Wilder Foundation, CMI/New Beginnings, and other agencies that had been at the table with
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Weed and Seed from the beginning.
Julie Cruz, Director of the Weed and Seed Program, appeared. She said she contacted the State of
Minnesota, who receives and distributes the federal monies, and asked them to be present at this meeting
to explain how they decide if an agency is fiscally sound to receive federal monies but no one was able
to be present. The person overseeing this is with the Office of Drug Policy and Violence Prevention and
assigned to the Weed and Seed Program. They go through a process to insure that an agency is fiscally
sound, has good bookkeeping procedures in place, and has not had any trouble in the past. Ms. Cruz said
they commented to her that CMI/New Beginnings Center has federal and state money already coming in
so, therefore, they are familiar with the operations. The reason they changed agents is that their steering
committee, which is comprised of residents from Summit University as well as service providers in the
area, requested they get a fiscal agent that was closer to the community, could provide some weight
behind some of the things they are doing, could be present, and could give better input. Weed and Seed
talked to several agencies, including the Wilder Foundation, Hallie Q Brown, and others that had the
capacity to be a fiscal agent. They have had no trouble with any of the bookkeeping, any of the checks,
and any of the financial reporting. They have been with them since March, 2001, and she said she did
not think it was anything where they are making a lot of money doing the job.
Councilmember Blakey said because of some of the problems the city has had in the community with
organizations across the board with funding and budgeting issues, he wanted to make sure that there will
not be issues in this case. He asked if there is a benchmark for reporting on the subcontract on a regular
basis. Ms. Cruz responded that they give monthly verbal reports as well as written reports because it is a
compilation of federal asset forfeiture money they get and Weed and Seed gets all that information after
their detail is completed. It is additional money that can be used for police overtime, equipment, and
things that get the police out of their cars, into the community and doing activities with kids.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
29.Resolution - 01 -918 - Amending the spending and financing plan of the Fifth /Kennard RSVP Project
by transferring funding from the 7th /Reaney Bumpout and the 1998 Major Sewer Repair Projects and
adding PED /HUD financing for the River Heights Project. (Laid over from September 5)
Paul St. Martin, Department of Public Works, appeared. He said the amendment involves some small
projects that were added to the Fifth /Kennard RSVP Project.
Coleman moved approval.
Adopted Yeas - 7 Nays - 0
30. Final Order in Condemnation Proceedings - 01 -906 - In the matter of condemning and taking of
property rights as required for construction of Phalen Boulevard between Mississippi Street and Payne
Avenue. (File 418947 -A) (Adopted by the City Council on August 22, 2001, reconsidered and laid over
from September 5)
Councilmember Coleman moved to lay over two weeks. The Port Authority and Mr. Young have
indicated they will work with Mr. Carlson, one of the affected property owners, to try to make some
alternative arrangements. He said City staff should be allowed to begin the process to acquire the
property even though it will be laid over.
Peter White, Real Estate Division, confirmed that it is acceptable to lay over the order and for staff to
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begin the process to obtain appraisal and to begin negotiations. However, before anything is
consummated and complete, they need Council authority to go forward.
Laid over to September 26 Yeas - 7 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
(Reiter left the meeting)
31. Third Reading - 01 -865 - An ordinance memorializing City Council action granting the application
of the City of Saint Paul to rezone property from P -1 (parking district) to RT -2 (fourplex /townhouse
residential) to allow the historic Armstrong House to be moved to 235 Chestnut Street and restored as
housing. (Public hearing held July 11, 200 1)
Laid over to September 19 for final adoption
32. Second Reading - 01 -936 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
altering the hearing requirements for revocation of a provisional taxicab driver's license.
Laid over to September 19 for third reading /public hearing
33. First Reading - 01 -964 - An ordinance memorializing City Council action on August 15, 2001,
granting the application of ALCORN, Inc. to rezone property from B -2 to B -3 to allow for the
construction of an auto repair station at 1581 Ford Parkway between Snelling and Macalester Avenues.
Laid over to September 19 for second reading
SUSDension Items:
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 01 -965 - Approving the canvassed returns and votes and declaring the official results of the
City Primary Election held on September 11, 2001.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
(Reiter returned)
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 01 -966 - Requesting the Minnesota Department of Health to expedite and complete the
health risk assessment as to the health effects upon the citizens of Saint Paul arising out of the
operations of MBC Holding Company, Gopher State Ethanol LLC and MG -C)2 St. Paul LLC, 882 West
Seventh Street.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 5:00 P.M.
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Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson October 10, 2001
Assistant Council Secretary
mce
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