Minutes 7-5-2001Page 1 of 6
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Thursday, July 5, 2001 - 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
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Robert Beedle, Carol Dittberner, Mark Hillyer, Stephen Maas, and Emily Steffen.
Referred to the Employee/Risk Management Division
2. Summons and Complaint in the matter of Daniel D. Caruso and Mary Caruso v. the City of St. Paul, et
al.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Eller Media Company v. the City of St. Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Kathleen O'Connor and Julie Tossey v. the City of St. Paul,
et al.
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Referred to the City Attorney's Office
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on July 11, 2001, to consider the application for a sound level variance
by Brian Schrader to allow live band music during the Outreach for Youth of Oakwood Church Event at
1388 Point Douglas Road South on August 4, 2001, from 4:30 p.m. to 6:00 p.m.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on July 11, 2001, to consider the application for a sound level variance
by Peter and Molly Skinner, owners of Skinners Pub, 919 Randolph Avenue, to allow live band music
during their grand opening on October 5, 2001, from 5:00 p.m. to 10:00 p.m. and October 6, 2001, from
12:00 noon to 10:00 p.m.
7. Letter from the Citizen Service Office/Division of Property Code Enforcement declaring 790 Selby
Avenue as nuisance property and setting date of Legislative Hearing for July 17, 2001, and City Council
Hearing for July 25, 2001.
8. Administrative Order:
D002040 Transferring funds from Object Code 0219 (Other Professional Services) in the Office of the
City Attorney to cover salary and fringe benefits for a law clerk working on Gopher State Ethanol.
D002041 Extending the contract completion date from June 15, 2001, to July 13, 2001, for Phalen Drive
Lighting Improvements.
Noted as on file in the City Clerk's Office
FOR ACTION
9. Approval of Minutes of June 6, 2001.
Adopted Yeas - 7 Nays - 0
10. Resolution - 01 -680 - Approving the 2001 -2002 Agreement between the City of Saint Paul and the
Saint Paul Classified Confidential Employees Association.
(To be laid over one week for adoption)
Laid over to July 11 for adoption
11. Resolution - 01 -681 - Approving the January 1, 2001 - December 31, 2002 Labor Agreement between
the City of Saint Paul and the Saint Paul Manual & Maintenance Supervisors Association. (To be laid
over one week for adoption)
Laid over to July 11 for adoption
12. Resolution - 01 -682 - Approving the Memorandum of Understanding between the City of Saint Paul
and Tri Council (Locals 120, 49, & 132) to increase compensation of certain Park Aides employed by the
City in the Parks and Recreation Department Operations Section and at the Como Zoo and Conservatory
Campus. (To be laid over one week for adoption)
Laid over to July 11 for adoption
13. Resolution - 01 -683 - Approving the application for Malt Off -Sale, Cigarette/ Tobacco, Grocery, and
Gas Station Licenses by Pao Yang, owner, doing business as Supreme Mini Market & Gas, 1530
Sherwood Avenue.
Adopted Yeas - 7 Nays - 0
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14. Resolution - 01 -684 - Directing Council Research to develop by August 1, 2001, in consultation with
the Police Department and Administration, a proposal for a program to educate members of the
community on the provisions of the SPPD/NAACP agreement, specifically the consent search advisory.
Laid over to July 11 Yeas - 7 Nays - 0
15. Resolution - 01 -685 - Approving payment in the amount of $8,191.56 to Michael Jenkins in full
settlement of his claim against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
16. Resolution - 01 -686 - Changing the eligibility requirement affecting City employees' coverage for
health insurance by reducing the requirement from six months to one month effective July 1, 2001.
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -687 - Amending the 2001 budget in the Division of Libraries for the work to the
interior of the Central Library to accommodate access to the tunnel on 4th Street.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -688 - Agreeing to defend, indemnify and hold harmless the Minnesota Street Rod
Association, Clear Channel/KOOL 108, and Nemer Fieger from any damages they may be required to
pay arising out of the use of the public right of way on Kellogg Boulevard between Wabasha and Robert
Street every Saturday from 6:00 p.m. to 9:00 p.m. from June 2, 2001, through September 29, 2001.
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -689 - Approving State Legislation that would allow the City to issue on -sale
intoxicating liquor licenses to the Great American History Theater and the Brave New Workshop.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -690 - Amending the 2001 Capital Improvement Budget to establish a new project
titled Shepard Road - Mississippi River Overlook.
Adopted Yeas - 7 Nays - 0
21. Resolution - 01 -691 - Amending the 2001 Capital Improvement Budget to include funding for
College Park Tennis /Basketball Courts Project.
Adopted Yeas - 7 Nays - 0
22. Resolution - 01 -692 - Amending the 1999 Capital Improvement Budget to include funding for City
Academy - Wilder Recreation Center remodeling and addition project and amending existing lease
agreement between the City and City Academy.
Adopted Yeas - 7 Nays - 0
23. Resolution - 01 -693 - Amending the budget in the Department of Planning and Economic
Development to use retained earnings for the purchase of Print Shop equipment.
Adopted Yeas - 7 Nays - 0
24. Resolution - 01 -694 - Adopting the Summary of the White Bear Avenue Small Area Plan as an
Addendum to The Saint Paul Comprehensive Plan.
Adopted Yeas - 7 Nays - 0
25. Resolution - 01 -695 - Allowing placement of "Charlie Brown" figures in the public right -of -way and
exempting them from permit fees.
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Adopted Yeas - 7 Nays - 0
26. Resolution - 01 -696 - Amending the financing and spending plans in the Department of Public Works
for the Local Street, Sewer & Alley, and Highwood Sewer projects.
Adopted Yeas - 7 Nays - 0
27. Resolution - 01 -697 - Amending the 2001 Residential Street Paving project budget in the Department
of Public Works by transferring funding from the 2000 Major Sewer Repair program and adding
financing from the Water Utility.
Adopted Yeas - 7 Nays - 0
28. Resolution - 01 -698 - Amending Council File 00 -499 by reducing the amount of compensation to be
paid by Three Bears, LLC for vacation of a portion of Drewry Lane.
Adopted Yeas - 7 Nays - 0
29. Resolution - 01 -699 - Approving a two -year term for Lease Agreement PW /5 to lease 31 parking
spaces in the Second Street Garage adjacent to the Ramsey County Government Center East Building to
Ramsey County.
Adopted Yeas - 7 Nays - 0
30. Preliminary Order - 01 -700 - In the matter of the Seventh Place Mall Operation and Maintenance
Cost for 2001, and setting date of public hearing for September 5, 2001. (File 418428 -2001)
Adopted Yeas - 7 Nays - 0
31. Resolution Approving Assessment - 01 -701 - In the matter of the Seventh Place Mall Operation and
Maintenance Costs for 2000, and setting date of public hearing for September 5, 2001. (File 418428-
2000)
Adopted Yeas - 7 Nays - 0
DISCUSSION
32. Resolution - 01 -264 - Changing the rate of pay for the Assistant Fire Chief class from Grade 28 to
Grade 30 and establishing the rate of pay for the Assistant Fire Chief position assigned Emergency
Management Director in Grade 3 1 of the Non - represented City Managers, Employee Group 17. (Laid
over indefinitely on May 2, 2001; to be recalled on July 5)
Recalled and Adopted Yeas - 7 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER
33. Final Adoption - 01 -277 - An ordinance creating a new Chapter 156 and amending Chapter 18 of the
Saint Paul Legislative Code to authorize the designation of pedestrian safety crossings and authorizing
the Legislative Hearing Officer to hear appeals of decisions related to pedestrian safety crossings.
(Substitute introduced and laid over from June 27)
Adopted Yeas - 7 Nays - 0
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34. Final Adoption - 01 -501 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the Downtown Riverfront 40 -Acre Zoning Study recommendations made by the
Planning Commission. (Amended and laid over from June 27)
Adopted as amended Yeas - 7 Nays - 0
35. Final Adoption - 01 -527 - An ordinance amending Chapter 183 of the Saint Paul Legislative Code to
provide the Department of Human Rights with the authority to issue subpoenas as part of investigations
into complaints of unfair discriminatory practices under this chapter.
Adopted Yeas - 7 Nays - 0
36. Final Adoption - 01 -612 - An ordinance adopting zoning ordinance amendments related to the White
Bear Avenue Small Area Plan and 40 Acre Study.
Amended and laid over one week for final adoption
Yeas - 7 Nays - 0
37. Final Adoption - 01 -613 - An ordinance amending Saint Paul Legislative Code Section 310.18;
increasing the malt off -sale license to cover enforcement costs and adjusting fees for mechanical
amusement device licenses to comply with state law.
Adopted Yeas - 7 Nays - 0
38. Second Reading - 01 -647 - Amending Section 33.04 (G) (7) of the Saint Paul Legislative Code by
consolidating the two permits currently needed to install a water heater into one permit and fee.
Laid over to July 11 for third reading /public hearing
39. Second Reading - 01 -648 - An interim ordinance pursuant to Minnesota Statute § 462.355, Subd. 4,
preserving the status quo with respect to the use of property in the area presently under study for Arcade
Street pending completion of the study and any possible amendments to the City's Comprehensive Plan or
zoning ordinance necessary to give effect to the study.
Amended and laid over to July 11 for third reading /public hearing
Councilmember Benanav requested an update at the July 11 City Council meeting from the City's
Lobbyist or Administrative Staff on the following issues and what impact they may have on the
City as well as any other bills that were passed that may impact the City:
1) The bill that eliminated the need for consent of property owners
for rezoning within 100 feet in cities of the first class.
2) The bill that eliminated the super majority in rezoning cases. Now,
Instead of five, four votes are needed to rezone.
3) The bill to allow repair of non - conforming uses.
Also, Council President Bostrom requested an update on the entire St. Paul Legislative Package.
Councilmember Benanav also requested that at the HRA meeting on July 11 an explanation be
provided as to what is known at this time what the impact of the tax changes will be on
develop men t/future development.
Website
For an updated copy of our City Council Meeting agendas or minutes, please visit our website at
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www. ci. stpaul. mn. us /council.
Cable
The City Council Meetings are cablecasted live on Channel 18 and repeated on Thursdays at 7: 00 p.m.,
Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change). Also, the City Council Agendas
are cablecasted during the following times: Saturdays at 8:00 a.m., Sundays at 6:30 p.m., Mondays at
8:00 a.m. 1: 30 p. m., S: 30 p. m.; Tuesdays at 8:00 a.m., S: 30 p. m.; and Wednesdays at 8:00 a.m., 1:30
p.m. (Housing and Redevelopment Authority), 3: 00 p.m.
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