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SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, February 13, 2002 - 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
The meeting was called to order at 3:32 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 20)
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.
Nancy Anderson, Assistant Secretary to the Council, stated that a request was received from the City
Attorney's Office to withdraw Item 19.
Councilmember Blakey requested Item 17 be removed for discussion.
Councilmember Blakey moved approval of the Consent Agenda as amended.
Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Thomas B. Schway Law Office (for Clarence Bullock), Jennifer Larson, and John M.
Sisson.
Referred to the Risk Management Division
2. Summons and Complaint, Notice and Acknowledgment of Service, and Notice of Lis Pendens in the
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matter of E.A.H. Schmidt Associates, Inc., dba Schmidt Mechanical Services vs. the City of Saint Paul,
et al. (Mechanic's Lien Foreclosure)
Referred to the City Attorney's Office
3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on February 15, 2002, at 9:30 a.m., Room 41, Saint Paul City Hall, to consider the Currency Exchange
License Renewal Application by Team Management, Inc., dba Midwest Check Cashing, 477 Rice
Street, to be moved to 259 University Avenue West.
4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on March 12, 2002, at 9:30 a.m., Room 41, Saint Paul City Hall, to consider the Second -Hand
Dealer /Motor Vehicle and Auto Repair Garage Licenses held by Heartland Auto Sales, Inc., dba
Heartland Auto Sales, 1236 Arcade Street.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on March 14, 2002, at 9:30 a.m., Room 42, Saint Paul City Hall, to consider all licenses held by Dinner
Club 2000, Inc., dba Dinner Club 2000, 1177 Clarence Street.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on February 27, 2002, to consider the application for a sound level
variance by Richard Kelly, Kelly's Depot Bar, 241 Kellogg Boulevard East, to allow live music inside a
closed tent on March 15, 2002, from 8:00 p.m. to midnight, and March 16, 2002, from 2:00 p.m. to
midnight during the St. Patrick's Day celebration.
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on March 6, 2002, to consider the application of Waste Management of
Minnesota, Inc. to rezone property from I -1 (Industrial) to I -2 (Industrial) to allow a waste transfer
station and to eliminate split zoning on parcels at 195 Minnehaha Avenue East and unaddressed railroad
right -of -way.
8. Letter from the Real Estate Division announcing a public hearing before the City Council on February
27, 2002, to consider the vacation of air rights over Cedar Street near Ninth Street as part of Minnesota
Public Radio's redevelopment plan to build a skyway - Option 1. (File No. 2001 -23)
9. Letter from the Real Estate Division announcing a public hearing before the City Council on February
27, 2002, to consider the vacation of air rights over Cedar Street near Ninth Street as part of Minnesota
Public Radio's redevelopment plan to build a skyway - Option 2. (File No. 2001 -24)
10. Administrative Orders:
D002108 Extending the contract completion date from June 30, 2001, to August 24, 2001, for the
Mississippi River Trail project.
D002109 Extending the contract completion date from August 17, 2001, to September 21, 2001, for the
Northern Warehouse Redevelopment project.
Noted as on file in the City Clerk's Office
FOR ACTION
11. Approval of Minutes of February 6, 2002, and Closed Door Session of
February 6, 2002.
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Adopted Yeas - 7 Nays - 0
12. Resolution - 02 -116 - Approving the January 1, 2002, through December 31, 2003, Collective
Bargaining Agreement between the City of Saint Paul and the Saint Paul Police Federation. (To be laid
over one week for adoption)
Laid over to February 20 for adoption
13. Resolution - 02 -117 - Amending the spending and financing plans for Fund 149, Downtown Capital
Projects, for the Minnesota Public Radio (MPR) Expansion Projects.
Adopted Yeas - 7 Nays - 0
14. Resolution - 02 -118 - Establishing the rate of pay for the class title "Assistant Golf Course
Superintendent" in Grade 09U of Bargaining Unit 72, Groundsworker Local 132 Salary Schedule in the
Salary Plan and Rates of Compensation.
Adopted Yeas - 7 Nays - 0
15. Resolution - 02 -119 - Memorializing City Council action denying the appeal of the City of Saint
Paul - Department of Public Works from the Heritage Preservation Commission's decision denying a
permit application to patch a brick alley (bounded by Kent, Mackubin, Ashland and Holly Streets) with
asphalt. (Public hearing held November 28, 200 1)
Adopted Yeas - 7 Nays - 0
16. Resolution - 02 -120 - Memorializing City Council action granting the appeal of the Dayton's Bluff
Neighborhood Housing Services from the Heritage Preservation Commission's decision denying a
permit application to construct a four -unit townhome structure at 663 Euclid Street. (Public hearing held
December 19, 2001)
Adopted Yeas - 7 Nays - 0
17. Discussed after the consent agenda)
18. Resolution - 02 -122 - Memorializing City Council adverse action taken against the licenses held by
Shaul Enterprises, Inc., dba Herge's Bar, 981 University Avenue. (Public hearing held January 23, 2002)
Adopted Yeas - 7 Nays - 0
19. Resolution - 02 -123 - Concerning adverse action against the Cigarette /Tobacco License held by UC
General Store, 1919 University Avenue West.
Withdrawn Yeas - 7 Nays - 0
20. Resolution - 02 -124 - Accepting the dedication of the private access road known as Bandana
Boulevard West as a public right -of -way easement.
Adopted Yeas - 7 Nays - 0
17. Resolution - 02 -121 - Memorializing City Council adverse action taken against the licenses held by
Blues Saloon, Inc., dba Lucy's, 601 Western Avenue. (Public hearing held January 23, 2002)
Councilmember Blakey noted that at the Council hearing on January 23, he requested an amendment be
made to Finding of Fact No. 9 in the ALJ Report. A substitute resolution was presented with that
change.
Councilmember Blakey moved to introduce the substitute resolution and approval.
Substitute introduced and adopted Yeas - 7 Nays - 0
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FOR DISCUSSION
21. Report from the Police Department regarding enforcement statistics on permit parking. (Report
requested by the Council on January 23)
Councilmember Blakey said permit parking was an issue that he asked the Police Department to respond
to because of the already high number of permit parking areas and the continued increase of those areas.
He did not think additional enforcement officers have been added to this duty and he wanted to make
sure that when the public comes forward and asks for permit parking zones, the Council is able to tell
them whether or not there is adequate police to enforce them.
Commander Timothy Leslie, Police Department, appeared. He said that permit zones have been added
but no additional personnel has been added. The parking enforcement officers (PEOs) who are
responsible for responding to permit zone enforcement do it as a regular part of their duties. It could be
at the cost of calls for service or response time issues that arise, but they do the best they can.
If more PEOs can be added, Councilmember Blakey asked what the balance is for the city to have a
good process in place to make sure they are on top of enforcement. Commander Leslie responded that
unfortunately the system they are currently using does not allow them to track exactly how much time
the PEOs spend enforcing the laws for permit parking zones. The PEOs say they spend about one -third
of their time in neighborhood permit parking zones. The majority of those are in the Western District
clustered around the colleges and universities. The only time the police officers perform these duties is if
there is not a parking enforcement officer working. That does not happen frequently but on a call -for-
services basis only. The officers who are routinely handling police business are not dealing with parking
issues unless they are needed.
Councilmember Lantry noted that in the memo submitted by Commander Leslie, he indicated that
commander Martinez has the assignment of checking out new systems. She felt if there was a better
system, it could be determined which tickets were written in a permit parking zone or for another type of
violation. She asked if there was a time line for when that will occur. Commander Leslie said he would
provide the Council with information as to when the report is due back. Commander Martinez will be
assigned to research the issue of improving the technology regarding ticket - writing systems. That will
not be just for parking enforcement officers but also police officers. The whole system will be accessible
to their oracle data base so they can research concerns about traffic enforcement in each ward if need be.
An additional report will be presented on March 13. Council Research Center staff was directed to work
together with Traffic Violations, Department of Public Works and the Police Department, to: 1)
determine the number of street miles parking enforcement officers (PEOs) are required to patrol; 2)
determine how much revenue is generated from fines for permit parking violations and whether it would
be cost effective to add additional (PEOs); 3) consider whether the fine for permit parking violations
should be increased; and 4) see what other communities are doing in terms of how they are addressing
the permit parking issue
22. Update from the City Attorney's Office regarding the progress made to date on odor control
measures that need to be in place immediately at the Gopher State Ethanol Plant. (Report requested by
the Council on February 6; C.F. 02 -111)
Eric Larson, City Attorney's Office, appeared. With respect to the progress made to date on odor control
measures that need to be in place immediately at the Gopher State Ethanol Plant, Mr. Larson said the
mitigation measures that were set forth under the settlement entered into on December 26, 2001, and the
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deadlines that were set forth within that settlement and then incorporated in a court order shortly
thereafter on order of mitigation have been met. However, the effectiveness of those orders and
mitigation efforts at this time still needs to be determined.
The agreement and the order indicated that the two remaining unmitigated odor sources at that time - the
cooling cyclone and the carbon bit - had to be rerouted into the thermal oxidizer, which has been shown
to be the most likely effective means of odor mitigation, on or before January 4, 2002. That deadline
was met. The order also imposed upon the facilities to agree to odor inventory analysis to be conducted
as soon as possible which included an odor emission inventory as well as chemical analysis of odor
related compounds as opposed to those chemicals that are consistently sampled and analyzed pursuant to
MPCA regulations. They were getting a chemical analysis of odor related compounds over and above
those chemical compounds that have been traditionally tested and imposed for testing by law. A
sampling was completed on February 5, 2002. Generally it takes approximately 6 -8 weeks for the labs to
complete their analysis of this data. However, the City requested that it be expedited and that request has
been approved. So, it is the expectation, unless any changes have occurred that would delay it, that that
information will be available in a full report by the end of the first week of March. At that time, Mr.
Larson said he will be able to address what he thinks is the main issue before the Council as well as the
residents in the area and the citizens of St. Paul which is the effectiveness of the odor mitigation
measures.
The third and final odor mitigation effort that was ordered and necessary in the eyes of the City's
experts, and was incorporated into the oorder and settlement, was the hiring of a heating, ventilation, and
air conditioning (HVA) expert. That hiring was to happen immediately and a report completed by
January 15, 2002. However, in consultation with the experts, Mr. Larson said he came to the conclusion
that he wanted to know, and the City needed to dictate, exactly what the HVAC expert was to do as far
as what was to be analyzed, how it was to be analyzed, and the standards and methodology of that
analysis. As a result, Mr. Larson said he put the companies on hold as far as who they retain until that
information is put together. That agenda was completed and communicated to them on approximately
January 15 at which point they did hire an expert and the city approved it. Mr. Larson said he has been
monitoring the activities of that expert to insure that they are acting as quickly and expeditiously as
possible. A final report should be to the City Attorney's Office from the HVAC expert by March 1,
2002. The implementation of the final report from the HVAC expert has to be completed by April 30,
2002 and there is no reason they should not meet those deadlines.
Mr. Larson concluded by saying it is fairly evident that at this point the status is promising and things
are working along as far as the progress of meeting the deadlines. As far as the effectiveness of it, Mr.
Larson said he will have far more information in one month.
A questions and answer period ensued.
Mr. Larson will present an additional report on March 20, 2002, and a public hearing will be held on
that date also.
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
23. Final Adoption - 02 -55 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code
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to raise the limit of Board of Water Commissioners small purchase amount from $1,500 to $2,500
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
24. Second Reading - 02 -107 - An ordinance amending Section 310.19 of the Saint Paul Legislative
Code by making the license fee schedule consistent with Section 310.18.
Laid over to February 27 for third reading /public hearing
25. First Reading - 02 -125 - An ordinance amending Chapter 18 of the Saint Paul Legislative Code to
correct language authorizing the Legislative Hearing Officer to hear appeals of decisions related to
Newsracks.
Laid over to February 20 for second reading
Councilmember Lantry moved to adjourn the meeting Yeas - 7 Nays - 0
ADJOURNED AT 4:23 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson February 20, 2002
Assistant Council Secretary
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