Minutes 7-11-2001Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 11, 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
• Miscellaneous
. Suspension Items
Present - 4 - Benanav, Bostrom, Lantry, Reiter
Absent - 3 - Blakey (arrived after roll call), Coleman, Harris (both arrived after the consent agenda)
CONSENT AGENDA (Items I - 28)
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,MEMER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Ryan Grubba, William Kromer (State Farm Insurance), Joe O'Connell and Carole Yahnke.
Referred to the Employee /Risk Management Division
2. Letter from the City Attorney's Office announcing a public hearing before the City Council on July
25, 2001, to consider the report of the Administrative Law Judge concerning the Sign Contractor's
License held by Delite Outdoor Advertising, Inc., dba Delite Outdoor Advertising, Inc.
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3. Administrative Orders:
D002042 Amending the Information Services General Fund budget by transferring funds to the
appropriate object codes for the purpose of constructing and furnishing an office space for a Network
Security Administrator position.
D002043 Amending the Information Services General Fund budget by transferring funds to the
appropriate object codes for the purpose of meeting the additional and unanticipated increase in cost for
Novell software maintenance.
Noted as on file in the City Clerk's Office
FOR ACTION
4. Approval of minutes of June 13, 2001.
Adopted Yeas - 5 Nays - 0
5. Resolution - 01 -680 - Approving the 2001 -2002 Agreement between the City of Saint Paul and the
Saint Paul Classified Confidential Employees Association.
(Laid over from July 5)
Adopted Yeas - 5 Nays - 0
6. 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. (Laid over
from July 5)
Adopted Yeas - 5 Nays - 0
7. 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. (Laid over from July 5)
Adopted Yeas - 5 Nays - 0
8. Resolution - 01 -702 - Approving the Maintenance Labor Agreement between the City of Saint Paul
and Operative Plasterers and Cement Masons International Association, Local 633, for May 2, 2001
through April 30, 2004. (To be laid over one week for adoption).
Laid over to July 18 for adoption
9. Resolution - 01 -703 - Approving the application for Malt -on -Sale (Strong), Wine -on -Sale, and
Restaurant Licenses by Margie Cheng, Owner, dba In Cuisine, 917 Grand Avenue. (Legislative
Hearing Officer recommends approval)
Adopted Yeas - 5 Nays - 0
10. Resolution - 01 -704 - Approving the application for Sidewalk Cafe, Malt -on -Sale (Strong) and
Wine -on -Sale Licenses by Padam Sharma, Owner, Sagarmatha Enterprises LLC, dba Everest on Grand,
1278 Grand Avenue. (Legislative Hearing Officer recommends approval)
Adopted Yeas - 5 Nays - 0
11. Resolution - 01 -705 - Honoring Arthur Payne, school teacher, for mentoring students each year in
preparing them for advanced science competition at regional and State levels, and proclaiming July 11,
2001, to be Arthur Payne Day in the City of Saint Paul.
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Adopted Yeas - 7 Nays - 0
12. Resolution - 01 -706 - Authorizing the City to access the grant pool established by the State of
Minnesota to obtain TIF grant funding for pre- existing obligations which include eligible projects such
as US Bank and Centex.
Laid over to July 18 Yeas - 5 Nays - 0
13. Resolution - 01 -707 - Authorizing to execute agreement with the State of Minnesota Department of
Natural Resources (DNR) and accepting DNR Cooperative Trail Program grant for construction of the
Swede Hollow- Fourth Street connection.
Adopted Yeas - 5 Nays - 0
14. Resolution - 01 -708 - Approving an amendment to Council File Number 01 -458 correcting the legal
description of the utility easements required for the Ogden /Winthrop sewer construction project.
Adopted Yeas - 5 Nays - 0
15. Resolution - 01 -709 - Approving the naming of Phalen Boulevard between Johnson Parkway and
Clarence Street and between Rose Avenue and Maryland Avenue.
Adopted Yeas - 5 Nays - 0
16. Resolution - 01 -710 - Establishing the rate of pay for the new classifications titled Workers
Compensation Claims Processor and Senior Workers Compensation Claims Processor.
Adopted Yeas - 5 Nays - 0
17. Resolution - 01 -711 - Establishing the rate of pay for the unclassified position of Administrative
Manager - Fire and Safety Services Department in Grade 46 of the Fire Supervisory Standard, Employee
Group 40 Salary Schedule.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -712 - Amending the 2001 budget in the Risk Management Division by allocating an
additional $50,000 to the Workers Compensation Incentive Program from the Use of Fund Balance in
the General Fund.
Adopted Yeas - 5 Nays - 0
19. Resolution - 01 -713 - Authorizing and executing an agreement with the State of Minnesota effective
July 1, 2001, to June 30, 2003, detailing the terms and limits of City force participation toward the
routine maintenance of the trunk highway system within the City limits of Saint Paul.
Adopted Yeas - 5 Nays - 0
20. Resolution - 01 -714 - Waiving and releasing of the requirements that a 25 foot wide parcel of land
along Como Avenue be dedicated for the purpose of establishing a landscaped green strip.
Adopted Yeas - 5 Nays - 0
21. Resolution - 01 -715 - Authorizing and directing City officials to convey title to a 10.00 strip of land
in the Selby Block purchased for alley purposes in 1912 and vacated in 1922, to the Archdiocese of
Saint Paul and Minneapolis.
Adopted Yeas - 5 Nays - 0
22. Resolution - 01 -716 - Establishing a spending and financing plan in the Police Department for a
Mobile Data Computers grant received from the Minnesota Department of Public Safety in the amount
of $149,000.
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Adopted Yeas - 5 Nays - 0
23. Resolution - 01 -717 - Authorizing the Police Department to enter into an agreement with the United
States Department of Justice for their participation in the Organized Crime Task Force (OCTF).
Adopted Yeas - 5 Nays - 0
24. Resolution -01 -718 - Authorizing the City to enter into a Sub -grant Agreement with the Division of
Emergency Management in the Minnesota Department of Public Safety to recover costs incurred for
severe storms from May 17, 2000 through July 12, 2000.
Adopted Yeas - 5 Nays - 0
25. Resolution - 01 -719 - Approving the changing for the new channel line -up for the Public and
Educational (PEG) access channels for Media One, dba AT &T Broadband.
Adopted Yeas - 5 Nays - 0
26. Preliminary Order - 01 -720 - In the matter of the operation and maintenance costs for the
Arcade /Case and the Grand /Snelling parking lots for 2002 and setting date of public hearing for
September 5, 2001. (File 418744, 18746)
Adopted Yeas - 5 Nays - 0
27. Resolution Approving Assessment - 01 -721 - In the matter of the assessments of benefits, cost and
expenses for the installation of a traffic control signal system at the intersection of Dale Street and
Topping Street and setting date of public hearing for August 1, 2001. (File 418948)
Adopted Yeas - 5 Nays - 0
28. Resolution Approving Assessment - 01 -722 - In the matter of the assessment of benefits, cost and
expenses for the Arcade /Case and the Grand /Snelling parking lots operation and maintenance costs for
2002 and setting date of public hearing for September 5, 2001. (File 418744, 18746)
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
29. Resolution - 01 -397 - Requesting that the Mayor's Administration, through the Fire Chief, develop a
management plan and reorganization chart that will eliminate the need for overtime and report back to
the City Council on May 23, 2001. (Laid over from June 27)
Withdrawn Yeas - 7 Nays - 0
30. Resolution - 01 -398 - Requesting that the Mayor's Administration, through the Labor Relations
Department, negotiate out the mandatory overtime for Fire District Chiefs in the 2002 contract
negotiations. (Laid over from June 27)
Withdrawn Yeas - 7 Nays - 0
31. Resolution - 01 -520 - Establishing a policy prohibiting racial profiling by the City of Saint Paul
Police Department. (Laid over from June 20)
Substitute introduced, amended and adopted Yeas - 6 Nays -1 (Reiter)
32. Report from the Office of License, Inspections and Environmental Protection regarding their
inspections of sanitary and health conditions at Hardee's of Midway, 369 Hamline Avenue North.
(Requested by Council on January 12, 2000)
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An update was provided by William Gunther, Office of License, Inspections and Environmental
Protection.
33. Update from the City's Lobbyist or Administrative Staff on the entire Saint Paul Legislative
Package. Also, an update 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 eliminating the need for consent of
property owners for rezoning within 100 feet in cities of the first class; 2) the bill eliminating 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. (Requested by Council on July 5)
An update was provided by Mike Campbell, Mayor's Office.
34. Resolution - 01 -684 - Directing Council Research to develop by Attgttst 1 September 5 , 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 from July 5)
Adopted as amended 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
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER
35. 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 from July 5)
Adopted Yeas - 7 Nays - 0
36. First Reading - 01 -723 - Establishing the position titled Administrative Manager -Fire & Safety
Services Department as specified by Chapter 12 of the City Charter, Section 12.03.2(H).
Laid over to July 18 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
37. Third 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 18 for final adoption
38. Third 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 on July 5)
Laid over to July 18 for final adoption
39. Resolution - 01 -724 - Granting 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.
Adopted Yeas - 7 Nays - 0
40. Resolution - 01 -725 - Granting the application for a sound level variance by Peter and Molly Skinner
to allow live amplified music in an outside tent during their grand opening event at Skinner's Pub, 919
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Randolph Avenue 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.
Adopted Yeas - 7 Nays - 0
41. Resolution - 01 -726 - To consider adverse action against the Cigarette /Tobacco License held by
Gene R. Josephs, dba Joseph's Market, 736 Oakdale Avenue.
Adopted as amended Yeas - 6 Nays - 0 (Harris not present)
42. Resolution - 01 -727 - To consider adverse action against the Cigarette /Tobacco License held by
Jade, Inc., dba Snelling I -94 Citgo, 326 Snelling Avenue North.
Laid over to July 25 Yeas - 6 Nays - 0 (Harris not present)
43. Public hearing to consider adverse action against the Firearms License held by Edward Timmers, Jr..
dba East Side Gun Shop, 935 Arcade Street. (No public testimony will be taken; will be laid over to a
public hearing on July 25)
Laid over to July 25 Yeas - 7 Nays - 0
44. Resolution - 01 -728 - Ordering the owner to remove or repair the building at 643 Watson Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner six months to complete the rehabilitation of the property.)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
45. Resolution - 01 -729 - Granting the petition of Scott Ferguson, for Cayuga Street, LLC, to vacate city
alley right -of -way to construct a privacy fence in order to screen a proposed off - street parking lot to the
east for the benefit of the adjacent residential neighbors in Block 2, Edmund Rice's Second Addition.
Adopted Yeas - 7 Nays - 0
46. Resolution - 01 -730 - Authorizing the approval of a multi - family housing development program for
Marian Center Senior Housing Project.
Adopted Yeas - 7 Nays - 0
47. Resolution - 01 -731 - Approving the establishment of a Housing and Redevelopment Project and
Tax Increment Financing District (Osceola Park Project) and adopting the Redevelopment Plan and Tax
Increment Financing Plan.
(Public hearing laid over from June 27 - no testimony was taken)
Adopted Yeas - 7 Nays - 0
(Recess and reconvene as Housing and Redevelopment Authority following Items 46 and 47 -
adjourn and reconvene as City Council)
48. Final Order - 01 -732 - In the matter of sidewalk reconstruction on both sides of Concord Avenue
from Ada Street to Highway 52 (SO 1089) and both sides of Cumberland Street from West Cook Avenue
to West Maryland Avenue (SO 1093). (Laid over from June 27)
Adopted Yeas - 7 Nays - 0
49. Final Order - 01 -733 - In the matter of sidewalk reconstruction and reconstruct sidewalk with
integral curb in Wards 1, 2, 4, 5, 6 and 7. (File 4 501085, 501090, 501091, 501095 - 501097, SO 1119,
SO1122)
Adopted Yeas - 7 Nays - 0
50. Public hearing to consider the application of the City of Saint Paul to rezone property from P -1
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(Parking District) to either RT -1 (Two Family Residential District) or RT -2 (Townhouse Residential
District) or RM -1 (Apartments) to allow the historic Armstrong House to be moved to the site and
restored as housing at 235 Chestnut Street (former parking lot of Plastics, Inc.)
Motion of Intent - Application Granted Yeas - 7 Nays - 0
51. Public hearing to consider the appeal of Michael Pfalz regarding the decision of the Board of Zoning
Appeals granting a front yard setback variance in order to construct a new single family home at 1236
Virginia Street.
Laid over to July 18 Yeas - 7 Nays - 0
MISCELLANEOUS
52. Recognizing Saint Paul science students participating in the regional and State Science Fair
Competition.
Suspension Items
The Saint Paul Fire Honor Guard was recognized for winning a gold medal for their participation in the
Honor Guard Competition at the 9th Biennial World Police and Fire Games on June 15, 2001, in
Indianapolis, Indiana.
Resolution - 01 -734 - Appointing special counsel of Halleland Lewis Nilan Sipkins & Johnson,
representing the City, to conduct criminal prosecution in State vs. Thomas R. Berkelman.
Adopted Yeas - 7 Nays - 0
Resolution - 01 -735 - Endorsing the Campaign Reform Pledge.
Adopted Yeas - 6 Nays -1 (Lantry)
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