Approved Minutes 7-1-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 1, 1998 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Council President Bostrom called the meeting to order at 3:38 p.m.
Present - 5 - Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 2 - Benanav, Blakey (excused)
CONSENT AGENDA (Items 1 - 25)
The following communication was read into the record by Nancy Anderson, Assistant Secretary to the
Council:
Letter from the Office of the City Attorney announcing a public hearing before the City Council on July 8,
1998 to consider the report of the Administrative Law Judge concerning all licenses held by Michael
Bartelmy, dba Mike's Towing, 847 Hudson Road.
Council President Bostrom presented a substitute for Item 23 which changed the number from 32 properties
to 33 properties.
Nancy Anderson noted that the job description title on item 14 should be amended to say"City Building
Official."
Councilmember Harris requested Items#11 and#14 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended.
Adopted Yeas- 5 Nays- 0
FOR ACTION
1. Approval of City Council minutes of May 13, 20 & 27, 1998, two Closed Door Sessions of June 17,
1998, and Closed Door Session of June 24, 1998.
Adopted Yeas - 5 Nays - 0
2. Claims of Keeli Engel, Daniel Leonard, Paul Norman, Chue Yang and Xia Vang, and Marsha
Young.
Referred to the City Attorney's Office
July 1, 1998 City Council Summary Minutes Page 2
3. Summons, Petition for Summons, and Report of Examiner in the matter of the Metropolitan
Airports Commission vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Letter from the Real Estate Division announcing a public hearing before the City Council on July 8,
1998 to consider the vacation of alleys in the block bounded by Holton, Pierce Butler, Taylor and
vacated Pascal.
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on July 8, 1998 concerning the objection by Delite Outdoor Advertising to
requests for billboard moratoriums and special sign districts by various citizen participation districts.
6. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring 766
Jackson Street and 875 Watson Avenue as "nuisance properties," and setting date of Legislative
Hearings for July 21, 1998, and City Council Hearings for August 5, 1998.
7. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring 932
Concordia Avenue and 658 Fuller Avenue as"nuisance properties." (For notification purposes only;
public hearings will be scheduled at a later date if necessary.)
8. Administrative Orders:
D001567 Deduction of$287.85 from the contract for the purchase and installation of elevator
equipment at Arlington Hills Branch Library.
D001568 Amending the budget of the Capital Improvement Projects Fund to provide for utility
relocation at the RiverCentre.
Noted as on file in the City Clerk's Office
9. Resolution- 98-583 - Approving the appointment of Lori Huot and Samuel O. Verdeja, and the
reappointments of Terrence Huntrods and Phil Ravitzky, by Mayor Coleman, to the Saint Paul Parks
and Recreation Commission.
Adopted Yeas - 5 Nays- 0
10. Resolution- 98-584 - Requesting that the City of Saint Paul explore the commencement of a formal
relationship between Saint Paul, Minnesota and Neuss, Germany.
Adopted Yeas - 5 Nays - 0
11. (Discussed after the consent agenda)
12. Resolution- 98-586 - Finalizing City Council action taken June 3, 1998 denying the application of
Alter Trading Corporation for a special condition use permit for a recycling processing center at 801
Barge Channel Road.
Adopted Yeas - 5 Nays - 0
July 1, 1998 City Council Summary Minutes Page 3
13. Resolution- 98-587 - Permitting the City Employee Services Committee to solicit donations for the
Employee Picnic to be held the evening of August 5, 1998.
Adopted Yeas- 5 Nays - 0
14. (Discussed after the consent agenda)
15. Resolution - 98-589 - Establishing the Rate of Pay for the proposed class "Library Clerk(Part
Time)."
Adopted Yeas - 5 Nays- 0
16. Resolution - 98-590 - Authorizing execution of an agreement with the provisions of State of
Minnesota Youth Initiative Program Grant Agreement for Dayton's Bluff Recreation Center.
Adopted Yeas- 5 Nays- 0
17. Resolution- 98-591 - Establishing a new project in the 1998 Capital Improvement Budget entitled
Harriet Island Park Entrance Kiosk.
Adopted Yeas - 5 Nays- 0
18. Resolution- 98-592 - Accepting a grant in the amount of$1.5 million from the State of Minnesota
for redevelopment of Harriet Island Park.
Adopted Yeas - 5 Nays- 0
19. Resolution- 98-593 - Authorizing transfer of taxicab vehicle license in accordance with Saint Paul
Legislative Code Chapter 376
Adopted Yeas- 5 Nays- 0
20. Resolution- 98-594 - Authorizing the Director of the Department of Public Works to execute
agreements accepting a$10,000 grant and a$40,000 loan from the Metropolitan Council to fund
inflow and infiltration projects.
Adopted Yeas- 5 Nays - 0
21. Resolution- 98-595 - Approving a Routine Maintenance Agreement between the City of Saint Paul
and the State of Minnesota effective July 1, 1997 to June 30, 1999 for maintenance of the trunk
highway system within the City of Saint Paul.
Adopted Yeas - 5 Nays- 0
22. Resolution- 98-596 - Approving change to spending object codes(from Council contingency to
City contribution to Capital City Partnership).
Adopted Yeas- 5 Nays - 0
23. Preliminary Oder- 98-597 - In the matter of direct purchase of property rights to certain properties
located along Hoyt and Montana Avenues between Kennard and Flandrau Streets, and setting date
of public hearing for July 22, 1998. (File#18877)
Substitute introduced and adopted Yeas - 5 Nays - 0
July 1, 1998 City Council Summary Minutes Page 4
24. Preliminary Order- 98-598 - In the matter of condemning and taking permanent easements for the
reconstruction of Shepard Road from Western Avenue to approximately 70 feet east of vacated
Market Street, and setting date of public hearing for July 22, 1998. (File #18878E)
Adopted Yeas - 5 Nays - 0
25. Resolution Approving Assessment- 98-599 - In the matter of sidewalk reconstruction on East
Seventh, Cottage, Hazel, Hyacinth, Ivy, York, Arlington, Geranium, Magnolia, Sherwood, Idaho,
Montana and Stillwater, and setting date of public hearing for September 2, 1998. (File#S97018-
S97023, S97066, S97067, S97069, S97070, S97090, S97093-S97095)
Adopted Yeas - 5 Nays- 0
11. Resolution- 98-585 - Finalizing City Council action taken June 10, 1998 denying the appeal of
Donald Willenbring to a decision of the Planning Commission granting the appeal of Arnold
Fritsche to a lot split at XXX Wiggins Road.
Councilmember Lantry moved approval.
Adopted Yeas- 4 Nays - 1 (Harris)
14. Resolution- 98-588 - Establishing the rate of pay for the position of"City Building Official."
Councilmember Harris asked if the building code officer position was eliminated. Mark Robertson,
Office of Human Resources, responded that in the affirmative. Mr. Harris asked is there was a
budget amendment to eliminate that position or something indicating the title is no longer available.
Mr. Robertson responded there would be an accompanying resolution indicating that the previous
person who held this position has retired.
Robert Kessler, Office of License, Inspections and Environmental Protection(LIEP), appeared and
stated this particular position would remain in a lower title and a lower salary. Councilmember
Harris stated he would like to see the action eliminating the other position otherwise, there will be
two $80,000 positions instead of one.
Council President Bostrom stated the old title in Grade 32 is not occupied. This new title will do
similar work but at Grade 28. A line could be added to the resolution indicating the previous grade
is to be eliminated.
Councilmember Harris moved an amendment to the resolution to eliminate the previous position.
Adopted as amended Yeas- 5 Nays - 0
(The title on the job description was also amended)
July 1, 1998 City Council Summary Minutes Page 5
26. Resolution - 98-600 - Reconfirmation of William Finney as Chief of Police.
Council President Bostrom stated the Mayor has nominated the chief for reappointment.
Councilmember Reiter moved an amendment to hire an independent organization to conduct an
employee survey of workplace conditions including the employees views on the administration and
management of the Police Department. The results should be reported to the City Council by
December 2, 1998.
Chief Finney thanked the Council for its support and stated the Police Department will be looking at
new opportunities to address citizens' concerns.
Adopted as amended Yeas - 5 Nays - 0
27. Resolution- 98-508 - Approving the Collective Bargaining Agreement and Memorandums of
Understanding between the City of Saint Paul and the Tri-Council Local 120, Local 49 and Local
132. (Contract amended and laid over from June 24 for adoption)
Councilmember Bostrom presented information which corrected errors in the salaries.
Councilmember Reiter moved the corrections as amended.
Adopted Yeas - 5 Nays - 0
(An amendment was made to the Contract and the Memorandum of Understanding for Driver-
Operator)
28. Resolution- 98-535 - Requesting Ramsey County to enlarge the Policy Working Board. (Laid over
from June 24)
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays- 0
29. Resolution- 98-536 - Approving appointments to the Policy Working Board. (Laid over from June
24)
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
30. Report by the Mayor's Administration on coordinated efforts between City departments and Ramsey
County for storm damage clean-up. (Requested by Council on June 24)
Tom Fabel, Deputy Mayor, appeared and stated the City has retained seven private contracting
companies to help with storm damage cleanup and that the City will receive Federal and State
reimbursement for a portion of this.
Robert Piram, Division of Parks and Recreation, appeared and stated it may take up to four weeks to
find funding sources.
July 1, 1998 City Council Summary Minutes Page 6
Joe Reid, Budget Office, appeared and stated it looks promising that the storms will be added to the
original declaration and will be covered by FEMA(Federal Emergency Management Agency).
The Mayor's Administration was requested to provide an additional update on storm damage clean-
up at the July 8 Council meeting.
ORDINANCES
31. Second Reading- 98-550 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to permit the issuance of one temporary wine and one temporary liquor license within the same
thirty-day period.
Laid over to July 8 for third reading/public hearing
32. Second Reading- 98-551 -An ordinance amending Saint Paul Legislative Code §410.10 to
eliminate the limitation on the number of temporary licenses which can be obtained within a thirty-
day period.
Laid over to July 8 for third reading/public hearing
33. Second Reading- 98-552 - An ordinance finalizing City Council action approving a petition of
Richard E. Eitel to rezone property located at the southwest corner of Larpenteur Avenue and the I-
35E frontage road from R-2 to B-3. (Public hearing held May 6, 1998)
Laid over to July 8 for third reading
34. First Reading- 98-601 - An ordinance amending Saint Paul Legislative Code Chapter 50 pertaining
to individual sewage treatment systems to incorporate changes made necessary by amendments to
Minnesota Statute §115.55 and to update the ordinance to provide for efficient enforcement and to
protect the public health, welfare and safety.
Laid over to July 8 for second reading
The meeting was recessed from 4:21 to 5:34 p.m.
Roll Call: Present- 5 Absent- 2 - Benanav, Blakey(excused)
PUBLIC HEARINGS
35. Third Reading- 98-521 - An ordinance clarifying the intent in Council File 97-1568, an interim
ordinance preserving the status quo with respect to advertising signs in the City of Saint Paul
pending the completion of action on applications for the adoption of special district sign plans under
Saint Paul Legislative Code 66.216.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing.
Yeas - 5 Nays- 0
Laid over to July 8 for final adoption
July 1, 1998 City Council Summary Minutes Page 7
36. Third Reading - 98-522 - An ordinance amending Saint Paul Legislative Code Chapter 293
providing for the regulation of railroad locomotive whistles at grade crossings in the City.
Richard Anderson, 2211 Benson Avenue, appeared and stated he lives near three railroad crossings
and he feels it is necessary for the railroad operators to blow their whistles. He noted that one of his
neighbors was driving his car and was hit by a train and dragged 300 feet. There have been
numerous accidents and it is a dangerous situation, he said
Councilmember Coleman moved to close the public hearing.
Yeas- 5 Nays - 0
Councilmember Harris indicated the following: 1) The problem did involve the quality of life of
people who lived in the vicinity of the tracks. 2) It is a night time problem and prevents people from
sleeping. 3) In some parts of the City, the crossings are so close together, the train whistle is going
constantly while the train is proceeding. 4) There have been reports of threats against the train and
train personnel. 5) The City does not have the financial resources to build bridges and/or tunnels at
every railroad crossing and does not have the financial resources to provide motor proof barriers at
each crossing so the trains will feel compelled to blow the whistle. 6) The engineers still have the
ability to blow the whistle when they perceive a threatening situation.
Phil Byrne, Assistant City Attorney, stated the case law on immunity requires that when the Council
does something that balances policy objectives involving social, political, and economic concerns in
a legislative way, the Council's judgements and the results from that are entitled to immunity from
lawsuits. It is helpful to have in the record what the basis is for what is being done.
Councilmember Coleman stated this is an issue that has raised concerns and the Council spent a lot
of time discussing various options and trying to balance the interests. The ordinance brought
forward allows engineers to blow the whistle if they see a car crossing or about to cross.
Councilmember Harris moved to include his comments and Councilmember Coleman's comments
in the public record.
Yeas - 5 Nays - 0
Laid over to July 8 for final adoption
37. Resolution- 98-602 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 960 Juno Avenue. (Laid over from June 24 for public
hearing)
Public Health staff appeared and stated that Public Health has not changed their position on this
issue. There is major structural damage of about $40,000 to $60,000 per the previous owner. There
is a vacant building registration notice from the owner admitting the damage, admitting it to be
unoccupied since November 1997, and not ready for occupancy since then. The major structural
damage is due to a sewer break, water damage five feet deep in the basement, and subsequent
July 1, 1998 City Council Summary Minutes Page 8
freezing and shifting of the foundation in the basement. Mr. Staeheli, property owner, was made
aware of the vacant building restriction prior to the purchase.
Ron Staeheli, 358 Arbor Street, appeared and said he does not question anything the inspector said.
When he questioned why this house was a registered vacant building, he was shown the single
housing code violation. He said the Code is specific and reads "multiple housing and building code
violations." In the minutes of the June 16 Property Code Enforcement meeting, Gerry Strathman,
Legislative Hearing Officer, says "everyday fairness does say the building owner should be notified
of any violations against the property." If no one lives there and two housing code violations are
found, Property Code Enforcement can register the building as vacant because it has multiple
housing code violations even though the property owner never had the opportunity to appeal it and
even though he never had the opportunity to make any repairs.
Mr. Staeheli stated multiple housing or building code violations should be subject to due process.
The property owner should be able to say"no, I don't think that is a housing code violation." It
must be interpreted to allow property owners the right to appeal.
Councilmember Coleman stated it was his understanding the building was declared a vacant building
because of the structural damage and the dangerous condition with respect to the foundation shift.
The inspector responded that may be the only cited violation when in fact there are more violations.
According to the violations code, numerous violation does not mean cited violations. If there is a
flooded basement with five feet of water, that could be a serious situation. There could be structural
damage, furnace problems, electrical problems, etc. The reason this was a Category 2 vacant
building was because of the flooding of the basement. Otherwise, it would probably be a Category 1
which does not require a code compliance inspection or certificate to be re-occupied.
Phil Byrne stated there is a definition in the Legislative Code as to what a vacant building is. It
could be a vacant building if it meets any one of seven different criteria, one of which is if it is
unoccupied and has multiple housing and building code violations. Another one is if it is
unoccupied and a dangerous structure. It is incorrect to state it has to have multiple housing and
building code violations, Byrne said.
Councilmember Coleman moved to close the public hearing.
Yeas - 5 Nays - 0
Phil Byrne suggested a layover for two weeks while Mr. Staeheli allows the inspectors to come into
his house and make a thorough inspection.
Councilmember Coleman moved approval.
Adopted Yeas- 5 Nays - 0
July 1, 1998 City Council Summary Minutes Page 9
38. Resolution- 98-603 - To consider the application of Tom Whaley, Director of Operations, St. Paul
Saints Baseball Club, for a sound level variance for a live music concert at Midway Stadium on July
21, 1998 from 5:00 p.m. to 10:00 p.m.
Bob Kessler, Office of License, Inspections, and Environmental Protection(LIEP), stated this is a
re-occurring variance. The St. Paul Saints have been doing well in keeping within the noise limits
set by the Council. LIEP monitors the noise and Mr. Kessler said approval is recommended.
Councilmembers Reiter and Harris moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
39. Final Order- 98-604 - In the matter of sidewalk reconstruction at 1051 Forest St., 1071 Forest St.,
and 915 E. Cook Ave. (File #S98048) (Laid over from June 24)
Jerry Tvedt, Department of Public Works, appeared and stated he has met with the two concerned
owners and they have agreed to the original sidewalk reconstruction proposal.
Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas- 5 Nays- 0
40. Final Order- 98-605 - In the matter of sidewalk reconstruction on both sides of Lincoln Ave. from
S. Syndicate St. to approximately 360 ft. east of S. Syndicate St.; both sides of Osceola Ave. from S.
Snelling Ave. to S. Saratoga St. and the west side of S. Saratoga St. from Fairmount Ave. to Osceola
Ave.; and the north side of St. Clair Avenue from S. Saratoga St. to S. Pascal St. and the south side
of St. Clair Ave. from Warwick St. to S. Pascal St. (File# S98055, S98057, S98060) (Laid over
from June 24)
Jerry Tvedt stated there were three owners he met with and they have agreed to the original sidewalk
reconstruction proposal.
Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 5 Nays- 0
41. Final Order- 98-606 - In the matter of sidewalk reconstruction on both sides of Jefferson Ave. from
S. Fairview Ave. to S. Prior Ave. (File#S98079) (Laid over from June 24)
Councilmember Harris moved a one week layover.
Laid over to July 8 Yeas - 5 Nays - 0
July 1, 1998 City Council Summary Minutes Page 10
42. Final Order - 98-607 - In the matter of constructing Eagle Parkway from north of Shepard Road to
Seventh Street West. (File#18874)
Councilmember Coleman moved to close the public hearing.
Yeas - 5 Nays - 0
Councilmember Coleman asked if there were any changes at 7th Avenue and Chestnut Street. Lisa
Falk, Department of Public Works, responded the street will be reconstructed within the current curb
lines and property owners from 7th Street to the railroad tracks were notified.
Councilmember Coleman moved approval.
George Abendroth, 4-B Irvine Park, appeared and asked specifics about the construction. Lisa Falk
responded there will be a stop sign for vehicles traveling on Chestnut. Mr. Abendroth stated if
drivers take Chestnut and then Eagle, there would be no stop. Councilmember Harris asked some
specifics about the construction around Irvine Park. Lisa Falk responded the commuters who use
the route on a regular basis will have a difficult time merging as there will not be a dedicated lane to
continue. Mr. Harris stated drivers may still go straight when trying to get to Shepard Road.
Councilmember Coleman stated just because it is difficult to merge does not mean people will not
merge there; they may just take a risk and maybe cause an accident. Mr. Harris suggested a sign that
reads "Access to Irvine Park Only"or"No access to Shepherd." Then, the traffic would be
encouraged to continue to Chestnut.
Council President Bostrom stated it is important to have access for emergency vehicles.
Councilmember Coleman stated he is hesitant to redesign something that was the subject of long
discussions, however, he has some concerns.
Council President Bostrom asked when construction would start and Ms. Falk responded in 1999.
Councilmember Harris suggested Lisa Falk get traffic counts.
Councilmember Coleman moved to lay over four weeks.
Laid over to August 5 Yeas - 5 Nays - 0
(The motion was to lay over four weeks; however, since there will not be a Council meeting on July
29, the 5th Wednesday, this issue will be heard on August 5)
July 1, 1998 City Council Summary Minutes Page 11
Councilmember Harris moved to adjourn the meeting. Yeas - 5 Nays - 0
ADJO D AT 6:17 P.M.
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Daniel Bostrom, Council President
ATTEST:
Minutes� approved by Council
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Nancy Ande n . k.ck ) i 1 ct.S
Assistant Co cil Secretary
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