Agenda 11-7-2001Page 1 of 8
AGENDA OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 7, 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
CONSENT AGENDA (Items I - 49)
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 Basilia Del Castillo, Dairyland Insurance (by Patti Stanislawski), Andrea Kibort, Hugh
Markley (conservatorship of Cyann Lee), James Masterson, Rose Urman, William Vezina, and Daniel
Zaspel.
2. Summons and Complaint in the matter of Steven A. Iverson vs. the City of St. Paul, et al.
3. Summons and Complaint in the matter of Katharine Lauren Lovich vs. the City of St. Paul, et al.
4. Summons and Complaint in the matter of Mississippi River Revival, et al. vs. the City of Saint Paul.
5. Summons and Complaint in the matter of Jer Thao vs. the City of St. Paul, et al.
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6. Application for Temporary Restraining Order, Summons, Complaint, and Jurisdictional Memorandum
in the matter of Midfirst Bank vs. the City of St. Paul (245 Front Street).
7. Realtor's Request for Transcript and Certificate as to Transcript in the matter of DeLite Outdoor
Advertising, Inc. vs. the City of St. Paul.
8. Letters from the Citizen Service Office /Property Code Enforcement declaring 920 Jackson Street, 2114
Margaret Street, and 1148 Minnehaha Avenue East as nuisance properties. (For notification purposes
only; public hearings will be scheduled at a later date if necessary.)
9. Letters from the Citizen Service Office /Property Code Enforcement declaring 531 Ohio Street, 1619
Seventh Street East, and 705 Sims Avenue as nuisance properties and setting date of Legislative Hearings
for November 6, 2001, and City Council Hearings for November 28, 2001.
10. Letters from the Citizen Service Office/Property Code Enforcement declaring 178 Acker Street East,
292 Burgess Street, and 294 Burgess Street as nuisance properties and setting date of Legislative
Hearings for November 20, 2001, and City Council Hearings for December 5, 2001
11. Administrative Order:
D002079 Approving additional expenditure and grant spending authority up to $59,000 for Marketing
activities.
FOR ACTION
12. Approval of minutes of October 3 and 10, 2001, and Closed Door Session of October 24, 2001.
13. Resolution - 01- 1093 - Approving the May 1, 2001, through April 30, 2004, Maintenance Labor
Agreement between the City of St. Paul and the International Union of Painters and Allied Trades District
Council 82. (Laid over from October 24 for adoption)
14. Resolution - 01 -1094 - Approving the Memorandums of Agreement between Independent School
District No. 625 and Sheet Metal Workers International Association Local 10, United Association of
Plumbers Local Union No. 34, United Association of Steamfitters- Pipefitters Local Union No. 455, and
United Union of Roofers, Waterproofers and Allied Workers Local Union No. 96.
(Laid over from October 24 for adoption)
15. Resolution - 01 -1154 - Approving the Employment Agreements between Independent School District
No. 625 and Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota, International Union
of Painters and Allied Trades District Council 82, Lakes and Plains Regional Council of Carpenters and
Joiners, Minnesota Cement Masons, Plasterers and Shophands Local 633 and Operative Plasterers Local
Union No. 265 to establish terms and conditions of employment for 2001 -2004. (To be laid over for one
week for adoption)
16. Resolution - 01 -1155 - Approving the Memorandum of Understandings between the City of Saint
Paul and AFSCME Clerical 42508; AFSCME 43757 - Legal; AFSCME Technical 41842; Classified
Confidential Employees Association; Electrical Workers Local 4110; Machinists District Lodge No. 77;
Operating Engineers Local 70; Professional Employees Association; St. Paul Police Federation; Saint
Paul Supervisors Organization; and Tri- Council Operating Engineers Local 449 to participate in the
Metropolitan Council's "Metro Pass" Program. (To be laid over one week for adoption)
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17. Resolution - 01 -1156 - Approving the Memorandum of Agreement between the City of Saint Paul
and the Professional Employees Association (PEA) and Saint Paul Supervisors Organization (SPSO).
18. Resolution - 01 -1157 - Approving the First Special Session Laws 2001 - Chapter 10, Article 10,
Sections 2 and 6 allowing certain Building Trades employees to opt out of PERA.
19. Resolution - 01 -1158 - Establishing the rate of pay for the class titled City Engineer.
20. Resolution - 01 -1159 - Changing the rate of pay for the Valuation and Assessment Engineer class.
21. Resolution - 01 -1160 - Establishing the rate of pay for the class titled Assistant Labor Relations
Director.
22. Resolution - 01 -1161 - Establishing the rate of pay for the new classification of Safety Equipment
Design Maintenance Worker in Grade 07U of the Equipment Maintenance, Bargaining Unit 05, Salary
Schedule.
22a. Resolution - 01 -1208 - Accepting $2,500 for travel expenses from the Saint Paul Nagasaki Sister
City Committee for Mayor Coleman to participate in a five -day meeting in Japan from November 11 -16,
2001.
23. Resolution - 01 -1162 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 844 Agate Street, 352 Bates Avenue, 361 Bates Avenue,
912 Carroll Avenue, 295 Summit Avenue, 2300 Wycliff Street, and 591 Payne Avenue.
24. Resolution - 01 -1163 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1888 Dorothea Avenue.
25. Resolution - 01 -1164 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1976 Hilding Avenue.
26. Resolution - 01 -1165 - Memorializing City Council action taken July 25, 2001, denying the appeal of
Michael Pfalz to a decision of the Board of Zoning Appeals granting a front yard setback variance in
order to construct a single family home at 1236 Virginia Street.
27. Resolution - 01 -1166 - Approving the Planning Commission recommendation to grant an Interim
Special Condition Use Permit for offices to support services associated with El Rio Vista/Neighborhood
House Community Center at 193 East Robie Street.
28. Resolution - 01 -1167 - Memorializing the capital bonding projects submitted for consideration in the
Governor's 2002 Budget.
29. Resolution - 01 -1168 - Authorizing an offset of certain capital obligations equal to $630,000 in 1997
dollars ($688,306) of the cable franchise for 2001 pursuant to Article III, Section 304(a) of the cable
television franchise (C.F. 98 -234)
30. Resolution - 01 -1169 - Amending the 2001 cable budget and approving payment of pass - through
capital equipment grant of $55,605 from AT &T Broadband to Saint Paul Neighborhood Network
(SPNN).
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31. Resolution - 01 -1170 - Amending the budgets of a number of Community Development Block Grant
(CDBG) funded activities.
32. Resolution - 01 -1171 - Authorizing City officials to expend $1,108,499 of General Fund Fund
Balance with the expectation that the Federal Emergency Management Agency (FEMA) will reimburse
the City for expenses related to preparing and recovering from the flooding of the Mississippi River in the
spring of 2001.
33. Resolution - 01 -1172 - Allowing the Division of Parks and Recreation to enter into negotiations with
Environment Wood Supply to operate and manage the City's Wood Recycling Center.
34. Resolution - 01 -1173 - Approving a budget amendment to the City Council Fringe Benefit Account
for part of the cost of a pension increase for former City Councilmember Leonard Levine mandated by
legislation passed by the State of Minnesota.
35. Resolution - 01 -1174 - Authorizing application to the Met Council for a Tax Base Revitalization
Grant for the remediation of the West Side Flats.
36. Resolution - 01 -1175 - Authorizing application to the Department of Trade and Economic
Development for Contamination Cleanup Grant for the remediation of the West Side Flats.
37. Resolution - 01 -1176 - Adopting the amended Storm Water Permit Annual Report and Management
Program as required by the City's federally mandated storm water discharge permit.
38. Resolution - 01 -1177 - Authorizing City officials to enter into an agreement with Minnesota Wire
allowing them use of the Midway Stadium parking lot for employee parking.
39. Resolution - 01 -1178 - Accepting a Juvenile Accountability Incentive Block Grant from the
Minnesota Department of Economic Security, Workforce Services Branch, and authorizing the City to
implement the agreement.
40. Resolution - 01 -1179 - Concerning adverse action against the Cigarette /Tobacco license held by Bram
Corporation, dba Arcade Bar, 932 Arcade Street.
41. Resolution - 01 -1180 - Concerning adverse action against the Cigarette /Tobacco license held by Kath
Fuel Oil Service Company, dba Glass Plus, 525 Lafayette Road.
42. Resolution - 01 -1181 - Concerning adverse action against the license held by Beck Enterprises, Inc.,
dba River Junction Tree Service.
43. Resolution - 01 -1182 - Denying the application by Tom's I, Inc., dba Super
USA, for an Off -Sale Malt license.
44. Resolution - 01 -1183 - Concerning adverse action against the Day Care Food license held by Amherst
H. Wilder Foundation, 911 Lafond Avenue.
45. Resolution - 01 -1184 - Approving the release of a slope easement at 1183 Wilson Avenue.
46. Resolution - 01 -1185 - Accepting an agreement between the City and Waste Management of
Minnesota, Inc. to acquire a permanent sewer easement.
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47. Preliminary Order - 01 -1186 - In the matter of improving an alley in Block 4, Lockey's Addition, and
adjacent Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan, Atwater, and Stellar Streets) by
grading and paving with bituminous material, and setting date of public hearing for November 28, 2001.
(File 418945)
48. Preliminary Order - 01 -1187 - In the matter of opening and extending the alley in Block 4, Lockey's
Addition, and adjacent Block 1, Lyton's Addition by condemning and taking a permanent easement for
alley purposes near Stellar Street and Lyton Place, and setting date of public hearing for November 28,
2001. (File 418945E)
49. Preliminary Order - 01 -1188 - In the matter of condemning and taking easements in the land
necessary for slopes, cuts and fills, in the grading and paving of an alley in Block 4, Lockey's Addition
and adjacent Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan Street, Atwater Street and
Stellar Street), and setting date of public hearing for November 28, 2001. (File 418945S)
FOR DISCUSSION
50. Resolution - 01 -1150 - Approving an amendment to the Police Department's 2001 budget in order to
repair and upgrade their Records Management System and to obtain 115 mobile laptop computers. (Laid
over from October 24)
51. Resolution - 01 -1073 - Moving funds out of contingency to execute a contract with Stellent, Inc. for
e- Government Initiative. (Laid over from October 24)
52. Resolution - 01 -353 - Ordering the owner to remove or repair the building at 843 Rice Street within
fifteen (15) days from adoption of resolution. (Laid over from September 5) (Legislative Hearing
Officer recommends approval)
53. Resolution - 01 -1028 - Ordering the owner to remove or repair the building at 850 Sims Avenue
within fifteen (15) days from adoption of resolution. (Laid over from October 24) (Legislative Hearing
Officer recommends approval)
54. Resolution - 01 -1116 - Revoking the licenses held by James McMurrary, dba Jimmy Mac's, including
Liquor On -Sale and Sunday On -Sale Liquor, 756 Jackson Street. (Lapse in liquor liability insurance)
(Public hearing held and laid over from October 24)
55. Determine whether adverse action should be taken against licenses held by James McMurray, dba
Jimmy Mac's, 756 Jackson Street based on two or more reports within a twelve- month period of the
unlawful use or handling of firearms, assault weapons or knives on the licensed premises. (Public hearing
held and laid over from October 24)
56. Resolution - 01 -985 - Denying the Renewal Application for a provisional Taxicab Driver's License by
Margaret M. Outwater. (Public hearing held and laid over from October 24)
56a. Resolution - 01 -1193 - Adopting the 2001 Large Neighborhood STAR Loan and Grant Program.
57. Update from the Department of Planning and Economic Development on the current status of the
Arcade Street Study Area. (Update requested by the City Council on October 24)
58. Report from the Administration and the Police Department regarding their practice of having FORCE
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and other police officers performing Code Enforcement responsibilities. (Report requested by the City
Council on October 24)
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
COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
59. Final Reading - 01 -348 - An ordinance amending Saint Paul Legislative Code Chapter 376 to
eliminate the controls on the number of taxicab vehicle licenses and establishing additional requirements
for new vehicle taxicab licenses. (Laid over from August 1)
60. Final Adoption - 01 -400 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
reclassifying taxicab vehicle as a Class R license instead of a Class N license. (Laid over from August 1)
61. Final Adoption - 01 -1011 - An ordinance amending the interim ordinance in Council File No. 01 -648
which established the Arcade Street Study Area and which imposed a moratorium on the use of property
in the study area pending completion of the study and any possible amendments to the City's
Comprehensive Plan or zoning ordinances deemed necessary to give effect to the study.
62. Final Adoption - 01 -1075- An ordinance finalizing City Council action approving the application Lisa
Kamp to rezone property from R -4 (single - family residential) to B -1 (local business) to allow for
combining with an adjacent B -1 zoned parcel in order to construct an accessory garage for the residence
at 395 West Cook Avenue. (Public hearing held September 19)
63. Third Reading - 01 -1092 - An ordinance memorializing City Council action approving the application
of Parkway Place Housing, LLC to rezone property from R -4 and B -1 to RM -2 to develop and operate an
apartment project containing up to 114 units for senior residents (more than 55 years of age) and related
activities at the north side of Hudson Road between Johnson Parkway and Frank Street. (Public hearing
held September 19)
64. Second Reading - 01 -1111 - An ordinance regulating the use of lawn fertilizers containing
phosphorus.
65. Second Reading - 01 -1112 - An ordinance amending Saint Paul Legislative Code Chapter 377 to
prohibit the use of fertilizers containing phosphorus.
66. First Reading - 01 -1189 - An ordinance approving changes and amendments to Chapter 189, Truth
in -Sale of Housing.
67. First Reading - 01 -1190 - An ordinance placing the position titled City Engineer in the unclassified
service pursuant to Section 12.03.2(H) of the Saint Paul City Charter.
68. First Reading - 01 -1191 - An ordinance amending Chapter 21 of the Administrative Code entitled
Officer's Qualification by establishing minimum qualifications for the unclassified position of City
Engineer.
69. First Reading - 01 -1192 - An ordinance amending Chapters 87, 91, and 92 of the Saint Paul
Legislative Code pertaining to the rules and regulations of the Saint Paul Regional Water Services as
recommended by the Board of Water Commissioners of the City of Saint Paul.
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PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
70. Public Hearing on the 2002 City and Housing and Redevelopment Authority Budgets, City Service
Levels and the Housing and Redevelopment Authority Tax Increment Plans.
71. Resolution - 01 -1194 - Setting 2002 Sanitary Sewer Rates and 2002 Storm Sewer System Charges.
72. Resolution - 01 -1195 - Approving the 2002 Schedule of Water Rates.
73. Resolution - 01 -1196 - Approving Street and Alley Maintenance Service for 2002 at basically the
same level as 2001 proposed.
74. Resolution - 01 -1197 - Adopting the five recommended 2001 Large Neighborhood STAR Projects,
which fall under the Business Subsidy Legislation.
75. Resolution - 01 -1044 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for 969 Ashland Avenue and 882 Seventh Street West. (Laid over from October
17)
76. Resolution - 01 -1198 - Ordering the owner to remove or repair the building at 299 Arlington Avenue
East within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
withdrawing the resolution)
77. Resolution - 01 -1199 - Ordering the owner to remove or repair the building at 667 Magnolia Avenue
East within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
78. Resolution - 01 -1200 - Ordering the owner to remove or repair the building at 531 Ohio Street within
fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to
the November 6, 2001, Legislative Hearing and to the November 28, 2001, City Council Meeting)
79. Resolution - 01 -1027 - Ordering the owner to remove or repair the building at 715 Preble Street
within five (5) days from adoption of resolution. (Laid over from October 3) (Legislative Hearing
Officer recommends granting the owner six months to complete rehabilitation provided the vacant
building fee is paid, a code compliance inspection is conducted, and a $2,000 bond is posted by noon
on October 3, 2001).
80. Appeal of Marlene Campbell to a summary abatement order for property located at 2043 Manitou
Avenue. (Legislative Hearing Officer recommends denying the appeal but amending the
compliance date to October 15, 2001.)
81. Resolution - 01 -1139 - Establishing No Parking from 8:00 AM - 8:00 PM on Monday through Friday,
Except by Permit, Area 23, on both sides of Princeton Avenue between Cretin Avenue and Mount Curve
Blvd. (Laid over from October 24)
82. Resolution - 01 -1201 - Establishing No Parking Monday through Friday, Except by Permit, Area 15,
on the east side of Mississippi River Blvd. from Dayton Avenue to 1,000 feet south.
83. Resolution - 01 -1202 - Approving the petition of the City of Saint Paul to vacate part of Hoyt Avenue
between Flandrau and Kennard Streets and the alley in Block 3, Fred F. Herring's Plat 2 (block bounded
by Hoyt, Flandrau, Montana and Kennard Streets) to create a dry pond.
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84. Resolution - 01 -1203 - Approving the petition of Frisch Properties to vacate parts of Frank Street,
Wilson Avenue and the alleys in Blocks 5 and 6, H.F. Schwabe's Addition, to accommodate development
of an apartment community for independent senior residents.
85. Final Order - 01 -1204 - In the matter of improving the alley in Mary McManuss Rearrangement of
Block 22 of Banning and Olivers Addition (bounded by Manomin, Morton, Smith, and Page) by grading
and paving with a bituminous material. (File 418951)
86. Final Order - 01 -1205 - In the matter of condemning and taking an easement in the land necessary for
the slopes, cuts, and fills in the grading and paving of Mary McManuss Rearrangement of Block 22 of
Banning and Olivers Addition (bounded by Manomin, Morton, Smith, and Page). (File 418951 S)
87. Final Order In Condemnation - 01 -1206 - In the matter of acquiring property rights necessary to
purchase vacant land owned by the Burlington Northern Santa Fe Railroad (BNSF) located in the Lower
Phalen Creek area. (File 4AE2001 -06)
88. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 01-
1207- In the matter of condemning and taking property rights necessary to complete construction of a
pedestrian/bike trail in the area southwesterly of Lexington Parkway and Jessamine Avenue. (File
418952E, aka AE2001 -07)
89. Public hearing to consider the application of Thomas Dvorak to rezone property from R -3 to RT -1 at
1348 Birmingham Street to construct a duplex.
90. Public hearing to consider the application of John and Helen Regenold (represen - tative - David
Engfer) to rezone property from B -3 (single family residential to Rm -2 (multi - family residential) to allow
construction of a 26 -unit senior cooperative at the southeast corder of Idaho ad Arundel Streets.
Council Meeting Information
Website
For an updated copy of our City Council Meeting agendas or minutes, please visit our website at
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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