Minutes 3-7-2001Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 7th, 2001
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
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Lantry, Reiter
Absent - 1 - Harris (arrived after the Consent Agenda)
CONSENT AGENDA (Items 1 - 31)
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 COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Michael Cuddihy, Erica Friedman, LeVelle Harris, Richard Heille, Peter Jarmuz, Thomas
Kolles, Diane Mankowski, Theartis Neal, Jr., and Randall Skrypek.
Referred to the Employee /Risk Management Division
2. Summons and Complaint in the matter of Robert Washington vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
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3. Notice of Filing of Orders, Order Authorizing Payment or Deposit and Transferring of Title, and
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.
Referred to the City Attorney's Office
4. Letter from the Citizen Service Office /Property Code Enforcement declaring 843 Rice Street as
nuisance property and setting date of Legislative Hearing for March 20, 2001, and City Council Hearing
for April 4, 2001.
5. Letter from the Citizen Service Office /Property Code Enforcement declaring 923 Marion Street as
nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if
necessary.)
6. Administrative Orders:
D001981 Authorizing Lease Agreement PW /4 allowing 3M Company to dump snow on a site located
next to the Arcade Bridge from February through April, 2001, and an option for December 1, 2001
through April 2002.
D001982 Amending the budgets in the Financial Services Office for the 1994, 1995, and 1997
Handicapped Accessibility projects.
D001983 Authorizing payment, not to exceed $1,500.00, of travel expenses for a non -City employee to
attend a Digital Media Analysis course presented by SEARCH, March 19 -23, 2001, in Sacramento, CA.
D001984 Amending the spending plans for the Department of Public Works General Fund activities.
Noted as on file in the City Clerk's Office
FOR ACTION
7. Approval of minutes of January 10 and January 17, 2001.
Adopted Yeas - 6 Nays - 0
8. Resolution - 01 -175 - Approving the Memorandum of Agreement between the City of Saint Paul and
Tri- Council (Local 49, Local 120, and Local 132) for the purpose of amending the current bargaining
agreement, specifically Appendix D, A4c. (Laid over from February 28 for adoption)
Adopted Yeas - 6 Nays - 0
9. Resolution - 01 -192 - Approving the July 1, 2000, through June 30, 2001, Employment Agreement
between Independent School District No. 625 and International Union of Operating Engineers Local No.
70, Exclusive Representative for Custodians. (To be laid over one week for adoption)
Laid over to March 14 for adoption
10. Resolution - 01 -193 - Approving the 2000 - 2003 Employment Agreement between Independent
School District No. 625 and the International Brotherhood of Electrical Workers No. 110 to establish
terms and conditions of employment. (To be laid over one week for adoption)
Laid over to March 14 for adoption
11. Resolution - 01 -194 - Approving the Memorandum of Agreement between Independent School
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District No. 625 and the Minnesota Cement Masons, Plasterers, and Shophands Local No. 633 to
establish terms and conditions of employment for 2000 -2001. (To be laid over one week for adoption)
Laid over to March 14 for adoption
12. Resolution - 01 -195 - Amending the 2001 City Attorney's Office budget to allow further
investigation of emissions from Gopher State Ethanol.
Adopted Yeas - 6 Nays - 0
13. Resolution - 01 -196 - Amending the budget in the Division of Parks and Recreation to accept grants
from the State of Minnesota to implement a pilot "After School Enrichment Program" for youth living in
designated neighborhoods.
Adopted Yeas - 6 Nays - 0
14. Resolution - 01 -197 - Approving disbursement of Youth Program Funds to the following
organizations: District 6 Planning Council, Dunning Boosters, Eastview Booster Club, History Day
Support Group, Johnson Area Youth Activities Association, Lexington /Hamline Community Council,
Lower Eastside Football Association, Merriam Park Booster Club, Mighty Kids Inner City
Hockey /West Side, St. Paul Midway Little League, St. Paul Science Fair Support Group, St. Paul Urban
Tennis Association, Snelling /Hamline Community Council, Superclown Children's Art Gallery, Twin
Star Baseball Club, Venture Crew 4613 - BSA, and Youth Express.
Adopted Yeas - 6 Nays - 0
15. Resolution - 01 -198 - Approving the following organizations to the 2001 list of 10% eligible
recipients: Eastside Wrestling Organization, Groveland Booster Club, Harding Area Girls' Fastpitch
Softball Association, Harding Area Youth Association, Hayden Heights Youth Alliance, Johnson Area
Youth Activities Association, Merriam Park Booster Club, South St. Anthony Park Booster Club,
Starlings Volleyball Club, Summit/University Girls' Athletic Association, Upper Eastside Football
Association, and Westside /West End Wrestling Club.
Adopted Yeas - 6 Nays - 0
16. Resolution - 01 -199 - Approving payment of $12,000.00 to Lori Ann Eele and her attorney James R.
Nethercut in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
17. Resolution - 01 -200 - Accepting a Juvenile Accountability Incentive Block Grant in the amount of
$247,849 from the Minnesota Department of Economic Security, Workforce Services Branch, by the
Police Department, for the period of January 1, 2001, through September 30, 2002.
Adopted Yeas - 6 Nays - 0
18. Resolution - 01 -201 - Establishing a 2001 budget for Police Department services provided to the
American Lung Association and authorizing the Police Department to enter into an agreement with
Ramsey County.
Adopted Yeas - 6 Nays - 0
19. Resolution - 01 -202 - Reinstating the provisional operator license issued to Robert Clark for the
purpose of completing the required taxicab driver training course.
Adopted Yeas - 6 Nays - 0
20. Resolution - 01 -203 - Adding legislation relating to tax forfeited property to the St. Paul Legislative
Package for the 2001 Legislative Session.
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Adopted Yeas - 6 Nays - 0
21. Resolution - 01 -204 - Providing for an Omnibus Agreement pertaining to transfer of West Saint
Paul's water system to the Board of Water Commissioners.
Adopted Yeas - 6 Nays - 0
22. Resolution - 01 -205 - Approving an Amended Lead Water Service Replacement Assessment
Program.
Adopted Yeas - 6 Nays - 0
23. Resolution - 01 -206 - Amending the assessment amount for 876 Wheelock Parkway for the Ivy /Earl
Residential Street Paving Project.
Adopted Yeas - 6 Nays - 0
24. Resolution - 01 -207 - Accepting conveyance of HRA property to the City which is in the right -of-
way of the new Shepard Road near Randolph Avenue.
Adopted Yeas - 6 Nays - 0
25. Resolution - 01 -208 - Accepting a deed restriction to be placed on the El Rio Vista Recreation
Center as a condition for receiving a grant for equipment and improvements to the property.
Adopted Yeas - 6 Nays - 0
26. Preliminary Order - 01 -209 - In the matter of sidewalk reconstruction and /or new construction at
613 -619 Selby Avenue, 642 and 644 Selby Avenue, 1136 Montreal Avenue, 1160 and 1175 Norbert
Lane, 1463 Lafond Avenue, 288 West Cottage Avenue, 316 N. Robert Street, 543 Front Avenue, and
1621 Wheelock Ridge Road, and setting date of public hearing for March 28, 2001. (File 4500001)
Adopted Yeas - 6 Nays - 0
27. Preliminary Order - 01 -210 - In the matter of sidewalk reconstruction and /or new construction at
1010 Tuscarora Avenue, 670, 674, and 745 Sims Avenue, 661 York Avenue, 441 Bates Avenue, and
1660 Edmund Avenue, and setting date of public hearing for March 28, 2001. (File 4500155)
Adopted Yeas - 6 Nays - 0
28. Preliminary Order - 01 -211 - In the matter of sidewalk reconstruction and /or new construction at
1942, 1950, 1954, 1956, 1957, 1961, 1964, 1965, 1968, 1975, 1986, 1988, 1992, 1993, 1998, and 2015
Berkeley Avenue, 1835 Palace Avenue, 1031 Eleanor Avenue, 1089 Cumberland Street, 581 Hatch
Avenue, 557 Stinson Street, and 499 Burgess Street, and setting date of public hearing for March 28,
2001. (File 4SO1001)
Adopted Yeas - 6 Nays - 0
29. Preliminary Order - 01 -212 - In the matter of sidewalk reconstruction and /or new construction at 170
Virginia Street, 1653, 1657, and 1661 Lincoln Avenue, 77 Macalester Street, 774 Delaware Avenue, 210
East Curtice Street, 1451, 1981, and 1998 James Avenue, 1450, 1458, 1915 and 2003 Palace Avenue,
1399 Stanford Avenue, 1439 and 1456 Berkeley Avenue, 1425 Wellesley Avenue, 254 and 412
Warwick Street, 883, 897, and 1025 Bayard Avenue, 1012 Eleanor Avenue, 622 Watson Avenue, 995
and 999 Edmund Avenue, and 879 Charles Avenue, and setting date of public hearing for March 28,
2001. (File 4501002)
Adopted Yeas - 6 Nays - 0
30. Preliminary Order - 01 -213 - In the matter of sidewalk reconstruction and /or new construction in
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Wards 4, 5, 6, & 7, and setting date of public hearing for March 28, 2001. (File 4S01003)
Adopted Yeas - 6 Nays - 0
31. Preliminary Order - 01 -214 - In the matter of sidewalk reconstruction and /or new construction in
Wards 2 & 7, and setting date of public hearing for March 28, 2001. (File 4S01004- SO1018)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
32. Update by Bill Gunther, Environmental Health Director (LISP), and Dan Smith, Department of
Planning and Economic Development, 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)
An update was presented by Bill Gunther, Office of License, Inspections and Environmental
Protection.
33. Report on the status of the East Building of the Science Museum Building, District 17. (Requested
by the Council on December 6, 2000; laid over from February 7)
A report was presented by Jeff Nelson, Department of Planning and Economic Development; also
Ron Peluso, Artistic Director of the Great American History Theatre and Jack McNally, President
of Music Tech (College of Contemporary Music and Recording Arts) spoke.
Councilmember Pat Harris welcomed and introduced the Camp Fire Girls from Nativity School.
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.
34. Final Adoption - 01 -113 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code
to allow City officials, officers, and employees to incur charges for City purposes; alternative electronic
methods of payments; and the Director of Financial Services to sign vendor and payroll checks.
Adopted Yeas - 7 Nays - 0
35. Final Adoption - 01 -114 - An ordinance amending Chapter 96 of the Saint Paul Administrative Code
to expand the methods of payment to include accepting checks, credit, charge, or debit cards, or other
methods of electronic or wire funds transfer for payment of government service transactions; authorizing
the Office of Financial Services to negotiate contracts with the appropriate entities to process non -cash
payment for all City departments; and allowing a convenience fee to be added to each transaction based
on actual costs charged by a processing contractor.
Adopted Yeas - 7 Nays - 0
36. Final Adoption - 01 -154 - An ordinance amending Chapter 426 of the Saint Paul Legislative Code to
establish a definition of entertainment and to eliminate the reference to a liquor license. (Substitute
introduced on February 28)
Adopted Yeas - 7 Nays - 0
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37. Final Adoption - 01 -156 - An ordinance amending C.F. 00 -1043, adopted November 22, 2000,
which imposed a moratorium on the use of property in the area presently under study for the White Bear
Avenue Area Study pending completion of the study and any possible amendments to the City's
Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
Adopted Yeas - 7 Nays - 0
38. Second Reading - 01 -187 - An ordinance to eliminate Chapter 336 of the Saint Paul Legislative
Code entitled "Private Fuel Pumps."
Laid over to March 28 for third reading /public hearing
39. First Reading - 01 -215 - An ordinance finalizing City Council action granting the application of
O'Hara Enterprises, Inc. to rezone property at 225 North Wilder Street from B -2 Community Business
District to RT -1 Two Family Residential District to allow conversion to a duplex. (Public hearing held
February 7, 2001)
Laid over to March 14 for second reading
40. First Reading - 01 -216 - An ordinance finalizing City Council action granting the application of John
Schumacher to rezone property at 330 Prior Avenue North from RT -1 to OS -1 to allow a purification
center. (Public hearing held February 7, 2001)
Laid over to March 14 for second reading
41. First Reading - 01 -217 - An ordinance providing for an additional citizen board member to represent
suburban customers on the Board of Water Commissioners.
Laid over to March 14 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
42. Resolution - 01 -73 - Recommending revocation of the provisional taxicab driver's license held by
Muhyadin Haaji. (Laid over from January 24)
Withdrawn Yeas - 6 Nays - 0 (Harris not present for vote)
43. Resolution - 01 -118 - Revoking the provisional taxicab driver's license of Christopher Valley. (Laid
over indefinitely on February 7) (This resolution will be recalled and a public hearing held)
Recalled and laid over to April 25 Yeas - 7 Nays - 0
44. Resolution - 00 -218 - Ordering the owner to remove or repair the building at 923 Galtier Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the April 17, 2001, Legislative Hearing and the May 2, 2001, City Council Meeting)
Laid over to May 2 Yeas - 7 Nays - 0
45. Resolution - 01 -219 - Approving the vacation of an alley northeasterly of Como Avenue between
Western Avenue and Elfelt Street.
Adopted Yeas - 7 Nays - 0
46. Final Order - 01 -220 - In the matter of condemnation and taking of perpetual easements for sewer
utility purposes in construction and future maintenance of the Ogden, Winthrop sanitary sewer project
along Ogden Avenue, Winthrop Street, Boxwood Avenue, Ogden Court and in an area approximately
160 feet north of Ogden Court. (File 418928E)
Substitute introduced and adopted Yeas - 7 Nays - 0
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47. Final Order - 01 -221 - In the matter of improving Kennard Street from Case Avenue to LaCrosse
Avenue. (File 418929K)
Adopted Yeas - 7 Nays - 0
48. Final Order - 01 -222 - In the matter of construction of a sanitary sewer in Point Douglas Road, from
Carver Avenue to the south City limits, including restoration in kind and all other work necessary to
complete the project. (File 418932)
Adopted as amended Yeas - 7 Nays - 0
49. Resolution Ratifying Assessment - 01 -223 - In the matter of installation of a lantern style street
lighting system on Selby Avenue from Fairview Avenue to approximately 234 feet east of Fry Street.
(File 418876)
Adopted Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 01 -224 - In the matter of sidewalk reconstruc- tion in Wards 1, 3,
4, 5, 6 & 7 (work is completed). (File 498WALKS99)
Adopted Yeas - 7 Nays - 0
51. Resolution Ratifying Assessment - 01 -225 - In the matter of sidewalk reconstruction in Ward 1
(work has been completed). (File 499WALKS 1)
Adopted Yeas - 7 Nays - 0
52. Resolution Ratifying Assessment - 01 -226 - In the matter of sidewalk reconstruction in Wards 4, 6 &
7 (work is completed). (File 499WALKS2)
Adopted Yeas - 7 Nays - 0
53. Resolution Ratifying Assessment - 01 -227 - In the matter of sidewalk reconstruction in Wards 2, 3, 5
& 6 (work is completed). (File 499WALKS3)
Adopted as amended (S99082 - 504 South Mississippi River Blvd. referred to Legislative Hearing
Officer)
Yeas - 7 Nays - 0
54. Report of the Administrative Law Judge regarding the application for a Currency Exchange License
by Unbank Company, LLP, 1614 White Bear Avenue.
Adopted the Findings of Fact, Conclusions of Law, and Recommendations of the Administrative
Law Judge dated March 2, 2001 and moved to disapprove the application and also report to the
State Department of Commerce the disapproval of the license application.
Yeas - 6 Nays - 1 (Blakey)
55. Report of the Administrative Law Judge regarding the Application for a Currency Exchange License
by Cash -A- Check, LLC, dba Money X Change, 1676 Lexington Avenue.
Adopted the Findings of Fact, Conclusions of Law, and Recommendations of the Administrative
Law Judge dated March 1, 2001 and moved to disapprove the application and also report to the
State Department of Commerce the disapproval of the license application.
Yeas - 7 Nays - 0
56. Public hearing to consider the application of Mendota Homes, Inc. to rezone property from B -3 to
RM -2 to allow for construction of a new 3 -story residential condominium at 1941 Ford Parkway
(between Kenneth and Howell Streets).
Motion of Intent - Application granted to rezone the property and adopted the findings and
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conclusions of the Planning Commission as contained in their Resolution 01 -15 dated February 23,
2001; also directed staff to draft the appropriate amendment to the zoning ordinance.
Yeas - 7 Nays - 0
57. Public hearing to consider the appeal of Eller Media Company to a decision of the Planning
Commission denying the building permits for repair of seven billboard faces on West Seventh Street and
in the Highland Special Sign District where the sign face panels were blown down. (1184 W. Seventh
Street - two sign faces; 1209 W. Seventh Street - three faces, one permitted to be repaired; and 2014-
2018 Ford Parkway - three faces).
Motion of Intent - Appeal denied and adopted the findings of fact, conclusions of law, and
recommendations of the Planning Commission as contained in their Resolution 01 -08 dated
January 26, 2001.
Adopted Yeas - 6 Nays -1 (Reiter)
Suspension Items
Resolution - 01 -228 - Authorizing the City to enter into a license agreement and an agreement to
indemnify the United States Postal Service for the use of the concourse of the Union Depot by the
Mayor for his delivery of the State of the City Address on March 13, 2001.
Adopted Yeas - 7 Nays - 0
Resolution - 01 -229 - Memorializing City Council action taken February 28, 2001, denying the appeal
of Paul Krawetz to a decision of the Board of Zoning Appeals approving variances in order to re -plat a
parcel of land and construct nine (9) single family homes at 468 Wyoming Street East (Guptil
Contracting, developer).
Adopted Yeas - 7 Nays - 0
Resolution - 01 -230 - Memorializing City Council action taken February 28, 2001, denying the appeal
of Rick Igo to a decision of the Planning Commission approving a Special Condition Use Permit for a
transitional housing facility at 740 Dayton Avenue (southwest corner of Dayton and Grotto) - Antioch
Christian Center.
Adopted as amended Yeas - 7 Nays - 0
Resolution - 01 -231 - Disapproval of the currency exchange license application by Unbank, LLP, for the
premises at 1614 White Bear Avenue and adopting the Findings of Fact, Conclusions of Law, and
Recommendation of the Administrative Law Judge.
Adopted Yeas - 6 Nays - 1 (Blakey)
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