Approved Minutes 4-29-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, April 29, 1998 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:30 p.m. by Council President Bostrom.
Present- 7 -Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA
Council President Bostrom stated he wished to withdraw Item 9.
Council President Bostrom requested Item 12 be removed for discussion.
Councilmember Blakey requested Item 14 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of February 25 and March 4, 1998.
Adopted Yeas - 7 Nays - 0
2. Claims of Waldon Baranuk, Stephen Harvey, Home Savings of America, Osworth Huggins, Jennifer
Mayer, Barbara Sellers, Ginger Stewart, and Don Vander Meeden.
Referred to Employee/Risk Management Division
3. First Amended Petition in Condemnation in the matter of the Housing and Redevelopment Authority
of the City of Saint Paul, Minnesota vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 6, 1998 to consider the application of Kevin Tramm Construction for
a preliminary and final plat to allow the property at 895 McKnight Road to be subdivided into 16 lots
for residential development.
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 13, 1998 to consider the appeal of Michael Prichard and Scott and
Elisa Knudson to a decision of the Planning Commission granting a special condition use permit to
allow conversion of a residential structure greater than 9,000 square feet to a residence for frail
elderly and elderly with dementia/Alzheimer's at 15 Montcalm Court.
April 29, 1998 City Council Summary Minutes Page 2
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on May 13, 1998 to consider the appeal of Ron Severson to a
decision of the Board of Zoning Appeals denying variances for construction of a carriage house
and parking at 420 Portland Avenue.
7. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring
935 Tuscarora Avenue as "nuisance property." (For notification purposes only; public hearing will
be scheduled at a later date if necessary.)
8. Letter from Ramsey County Property Records and Revenue, Valuation Division, requesting a
reclassification of property located at 1088 Barclay Street. (AX98-0015)
Referred to the Real Estate Division
9. Resolution - 98-339 - Approving the appointment of Marvin Anderson, by Mayor Coleman, to the
Metropolitan Library Service Agency (MELSA) and the Metronet Board of Trustees.
Withdrawn by Council President Bostrom Yeas - 7 Nays - 0
10. Resolution - 98-340 - Approving the appointment of Brian McClung and the reappointments of
Robert Morgan and Diana Rodriquez, by Mayor Coleman, to the Saint Paul Neighborhood
Network Committee.
Adopted Yeas - 7 Nays - 0
11. Resolution - 98-341 - Approving the appointments and reappointments, by Mayor Coleman, to the
Certificate of Competency Examining Boards.
Adopted Yeas - 7 Nays - 0
12. (Discussed after the consent agenda)
13. Resolution - 98-343 - Establishing a spending plan in the amount of$188,697 for the subcontract
entered into with the League of Minnesota Cities to establish a regional community policing
institute.
Adopted Yeas - 7 Nays - 0
14. (Discussed after the consent agenda)
15. Resolution - 98-345 - Recognizing the week of May 3-9, 1998, as Drinking Water Week.
Adopted Yeas - 7 Nays - 0
16. Resolution Approving Assessment - 98-346 - In the matter of ratification of assessments for the
sanitary sewer in Wiggins Road, and setting date of public hearing for June 24, 1998. (File
#18820)
Adopted Yeas - 7 Nays - 0
April 29, 1998 City Council Summary Minutes Page 3
17. Resolution Approving Assessment - 98-347 - In the matter of ratification of assessments for the
water main in Wiggins Road, and setting date of public hearing for June 24, 1998. (File #18821)
Adopted Yeas - 7 Nays - 0
18. Resolution - 98-348 - Approving a registered land survey (RLS) for Town Square.
Adopted Yeas - 7 Nays - 0
12. Resolution- 98-342 - Proclaiming April 30, 1998 as Deborah Montgomery Day in recognition of
her receiving the Minnesota Association of Women Police and Carolen Bailey Mentoring Awards.
Council President Bostrom and Councilmember Blakey recognized Deborah Montgomery, St. Paul
Police Officer, for receiving the above awards.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
14. Resolution - 98-344 - Amending the Civil Service rules by striking out in its entirety Section 5.G
entitled Pensioners.
Councilmember Blakey asked if younger people looking for work will be adversely affected under
this rule change and if the rules curtail the opportunity to hire people who are coming off welfare.
John Hamilton, Office of Human Resources, appeared and responded that this resolution will not
adversely affect either. It will be for temporary assignments for emergency situations or a very
specific period of time when there is not adequate staff in-house. There are certain times when a
retiree is brought back on a part-time basis as a temporary employee. It reduces Human
Resources' overall cost and allows them to be more competitive.
Councilmember Blakey moved approval and requested that more information be provided in
writing on this issue.
Councilmember Harris questioned if a person works in a particular department, retires and returns
to part-time employment whether that person would still receive social security and pension in
addition to a salary. John Hamilton responded yes. However, after earning $9,100, there would
be an offset. The person would begin to lose PERA benefits and social security. Mr. Hamilton
stated that the example presented by Harris was probably the most extreme.
Councilmember Benanav stated that the City benefits from bringing back retirees because they
have the experience and it is not necessary to train them. He does not think someone should be
penalized for earning a pension and social security and prohibit them from coming back to
perform a useful service for the City.
Council President Bostrom stated this has been used at the Police Department particularly for
doing background checks on new police officer candidates. Historically, the Police Department
April 29, 1998 City Council Summary Minutes Page 4
would take sworn officers off the streets to conduct background checks on new recruit candidates
which caused a problem with not having enough squads on the streets. By using retired police
officers, the other officers can remain on the street to do police work.
Bob Kessler, License, Inspections, Environmental Protection (LIEP), appeared and stated there is
a shortage of trained building inspectors and a lot of foot inspections need to be done. There is a
retired building inspector who would be available to work but LIEP cannot hire him on an
emergency basis unless the City is willing to change this law.
Councilmember Harris expressed concern that this change could prevent younger people from
entering the work force, and it would provide an incentive for some of the higher paid former
employees who are getting a pension to possibly make the same amount of money at a lesser
number of hours.
John Hamilton clarified that this change is for temporary and emergency positions and will not
supplement full-time positions.
Councilmember Lantry suggested putting a sunset on the resolution. Phil Byrne, City Attorney,
stated the Council could add language that would bring the resolution back for reconsideration.
Councilmember Blakey suggested reviewing this Civil Service Rule change at the end of 1998.
Adopted as amended Yeas - 6 Nays - 1 (Harris)
FOR DISCUSSION
19. Report from the Department of Planning and Economic Development on a response to comments
generated by the public comment period on the proposed change in use of HUD CDBG funds for
the Lakewood Apartment complex. (Requested by C.F. 98-284 adopted April 15, 1998)
A report was presented by Pamela Wheelock, Director, Department of Planning and Economic
Development and discussion took place among the Councilmembers.
20. Resolution - 98-267 - Moving 1998 contingency money budgeted in the Property Code
Enforcement Activity into proper budget codes so implementation of the program to enforce health
and safety codes in non-owner-occupied 1 and 2 family dwelling units can proceed. (Laid over
from April 22)
Councilmember Harris moved to introduce a substitute resolution. Council President Bostrom
pointed out that the substitute adds two additional health inspectors and also sets up the inspection
process for single-family and duplex rental property.
Substitute introduced and adopted Yeas - 7 Nays - 0
April 29, 1998 City Council Summary Minutes Page 5
ORDINANCES
21. Final Adoption - 98-234 - An ordinance granting a renewal franchise for cable service to
Continental Cablevision of Saint Paul, Inc. (Amended on April 22)
Councilmember Blakey moved approval.
Councilmember Harris asked if the Convention Center was included as part of the I-Net. Gerry
Strathman, Council Research Director, responded that they were provided with a list of public
buildings. If the Convention Center is not included, it would be possible to have it connected.
Adopted Yeas - 7 Nays - 0
22. Final Adoption - 98-277 - An ordinance amending Chapter 430 of the Saint Paul Legislative Code
pertaining to Cable Communications Service. (Amended on April 22)
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
23. Second Reading - 98-308 - An ordinance amending Chapter 317 of the Saint Paul Legislative
Code to create a temporary amusement ride license.
Laid over to May 6 for third reading/public hearing
24. Second Reading - 98-309 - An ordinance repealing Chapter 349 of the Saint Paul Legislative Code
pertaining to licensure of rental clothing.
Laid over to May 6 for third reading/public hearing
25. Second Reading - 98-310 - An ordinance repealing Chapter 379 of the Saint Paul Legislative Code
pertaining to licensure of locksmiths.
Laid over to May 6 for third reading/public hearing
26. Second Reading - 98-311 - An ordinance amending Chapter 417 of the Saint Paul Legislative
Code regarding parking lots; clarifying the distinction between a parking lot and parking garage,
removing the advisory committee requirement, and specifying the minimum standards for
structural condition surveys.
Laid over to May 6 for third reading/public hearing
27. First Reading - 98-349 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to permit charitable organizations to operate additional pull-tab dispensing devices at permitted
locations.
Laid over to May 6 for second reading
28. First Reading - 98-350 - An ordinance amending the Saint Paul Legislative Code by designating
that Maple Street, bounded by East Third Street and Conway Street, become a one-way street.
Laid over to May 6 for second reading
April 29, 1998 City Council Summary Minutes Page 6
PUBLIC HEARINGS
29. Resolution - 98-351 - Approving the decision of the Legislative Hearing Officer on Property Code
Appeals for property at 2121 Douglynn Lane.
David and Susan Wesely, 555 West Cottage Avenue, appeared. Mr. Wesely stated they purchased
a lot to build a house on, they went to the City Zoning Division and were assured that with the
right plan they could get the necessary variances to build on the lot. The Zoning Division
eventually granted the Weselys a variance and they were given a building permit. The foundation
was going to be installed the next day when they were notified that Zoning failed to check with
anyone relative to the septic system and the building permit was subsequently canceled. Mr.
Wesely explained the setback requirements to the Council.
David Wesely stated he appeared at a Legislative Hearing and Mr. Strathman recommended that
the Council approve the request. The Weselys met with an outside erosion control company, and
they also met with a neighbor, Dan McGuiness, who had objected to the septic tank, to reassure
him that the decision to build was not entered into lightly. Mr. McGuiness objections were
because of concern about danger to the trees and the prospect that serious erosion might occur.
David Wesely stated a new site has been selected for the septic tank on top of the bluff. It is an
open site with no trees, further away from Mr. McGuiness' property. The Natural Parks Service
sent a letter indicating they have withdrawn their opposition to building in that location and the
new site also conforms to the Department of Natural Resources' plan.
Councilmember Blakey questioned how long this process has taken. Mr. Wesely responded the
land was purchased in April, 1997 and he had hoped to start construction in December, 1997.
Dan McGuiness, 2160 Ogden Avenue, appeared and stated the Weselys have made the best effort
they can and he has no objections to their current proposal. However, every effort should be
made to make sure the water runoff will be managed.
Councilmember Lantry moved approval of the appeal.
Adopted as amended Yeas - 6 Nays - 0 (Coleman not present for vote)
30. Resolution - 97-1288 - Approving application for an Entertainment-A License by Style 2000 Inc.,
dba Cafe Latte, 850 Grand Avenue. (ID #16046) (Laid over from January 7, 1998) (Note:
public testimony will not be taken; this item will be laid over to May 27)
No one appeared in opposition; Councilmember Coleman moved to lay over to May 27.
Laid over to May 27 Yeas - 7 Nays - 0
April 29, 1998 City Council Summary Minutes Page 7
31. Final Order - 98-352 - In the matter of condemning and taking of property rights as required for
the Phalen Village Public Improvements Project east of Johnson Parkway and south of Maryland
Avenue. (File #18871) (Note: public testimony will not be taken; this item will be laid over to
May 6)
No one appeared in opposition; Councilmember Benanav moved to lay over to May 6.
Laid over to May 6 Yeas - 7 Nays - 0
Suspension Items
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution Approving Assessment - 98-353 - In the matter of condemning and taking a temporary
easement for the improvement of Swede Hollow Park and setting date of public hearing for May
6, 1998. (File #18862 E2)
Adopted Yeas - 7 Nays - 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution Approving Assessment - 98-354 - In the matter of the assessment of summary
abatements, (property clean-up) for part of January and February, 1998, boardings-up for
November and December, 1997 and summary abatement snow and or ice removal, and sanding
walks for part of December, 1997 through February, 1998 and setting dates of public hearing for
May 13 and May 27, 1998. (File #J9801A, J9801B, J9801A1)
Adopted Yeas - 7 Nays - 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution.
Resolution - 98-355 - Honoring Richard J. Long upon his receipt of the 1998 Archbishop's Award
from Catholic Charities for outstanding community service and proclaiming Tuesday, May 5,
1998 as Richard J. Long Day in Saint Paul.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved suspension of the rules and approval of the following resolution:
Resolution - 98-356 - Requesting that the Mayor's Administration authorize the necessary
budgetary adjustment and direct the Saint Paul Animal Control Department and the Saint Paul
Police Department, in coordination with Ramsey County Humane Society and the Thomas-Dale
Block Clubs, to conduct "dog sweeps" in May, 1998.
Adopted Yeas - 7 Nays - 0
April 29, 1998 City Council Summary Minutes Page 8
Councilmember Blakey moved to adjourn the meeting.
Yeas - 7 Nays - 0
ADJO E AT 5.30 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy An rson 1� \c\ $'
Assistant Council Secretary
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