Approved Minutes 6-10-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
• Wednesday, June 10, 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 - 6 - Benanav, Blakey, Bostrom, Coleman, Lantry, Reiter
Absent - 1 - Harris (excused)
CONSENT AGENDA (Items 1 - 16)
Councilmember Benanav requested Item 10 be removed for discussion.
Councilmember Coleman requested Item 16 be removed for discussion.
Councilmember Coleman moved approval of the consent Yeas - 6 Nays - 0
For Action
1. Approval of minutes of April 22 and April 29, 1998.
Adopted Yeas - 6 Nays - 0
2. Claims of Pennyann Klink, Jesus Murguia, Shelly Newgren, Evagelina Rodriquez, and Joseph
Tremont.
Referred to Employee/Risk Management Division
3. Order Granting Eminent Domain (acquisition of Front Avenue property) in the matter of the
Board of Education of Independent School District #625 vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Letter from Ramsey County Property Records and Revenue, Valuation Division, requesting a
reclassification of property at Grove and Pine Streets to exempt classification. (#AT98-0130)
(Real Estate Division recommends approval).
Adopted Yeas - 6 Nays - 0
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 24, 1998 to consider the application from Joe Fox of the
Ramsey Ag. Society Board for a sound level variance for live music on two stages, carnival
music, and fireworks at the Ramsey County Fair from 5:00 p.m. to 10:30 p.m. on July 15 & 16,
1998; 12 Noon to 11:00 p.m. on July 17, 1998; 10:00 a.m. to 11:00 p.m. on July 18, 1998; and
10:00 a.m. to 10:00 p.m. on July 19, 1998.
June 10, 1998 City Council Summary Minutes Page 2
• 6. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring
137 Cayuga Street and 1099 Wakefield Avenue as "nuisance properties." (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
v/ Resolution - 98-476 - Approving an amendment to the 1997-1998 collective bargaining agreement
between the City of Saint Paul and AFSCME-Legal to allow a job share arrangement for two
members of the City Attorney's Office staff. (Laid over from June 3 for adoption)
Adopted Yeas - 6 Nays - 0
8. Resolution - 98-484 - Finalizing City Council action taken May 13, 1998 denying 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.
Adopted Yeas - 6 Nays - 0
9. Resolution - 98-485 - Finalizing City Council action taken May 13, 1998 granting 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 to a residence for frail
elderly and elderly with dementia/Alzheimer's at 15 Montcalm Court.
Adopted Yeas - 6 Nays - 0
10. (Discussed after the consent agenda)
Resolution - 98-487 - Approving and authorizing the issuance of a loan to Twin Cities Academy
through the STAR Revolving Loan Program, District 9.
Adopted Yeas - 6 Nays - 0
Resolution - 98-488 - Approving payment of$16,000.00 to Judy Brown in full settlement of her
claim against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
13. Resolution - 98-489 - Agreeing to hold Cretin-Derham Hall High School harmless for the City's
use of its tennis courts.
Adopted Yeas - 6 Nays - 0
LI4. Resolution - 98-490 - Agreeing to hold Frauenshuh Management Company harmless for use of the
g g g P Y
Agri Bank F C B Inc. parking lot for the 1998 Gus Macker 3-on-3 Basketball Tournament on
August 14, 15, and 16, 1998.
Adopted Yeas - 6 Nays - 0
t45. Resolution - 98-491 - Increasing the 1998 Engineering Fund operating budget for expenses
incurred by traffic engineering activity 12155 for the development and printing of a transit and
parking plan associated with downtown development.
• Adopted Yeas - 6 Nays - 0
June 10, 1998 City Council Summary Minutes Page 3
• 16. (Discussed after the consent agenda)
410. Resolution - 98-486 - Approving and authorizing the issuance of a loan to Wellington
Management, Inc. through the STAR Loan Program, District 12.
Councilmember Benanav moved to lay over one week.
Laid over to June 17 Yeas - 6 Nays - 0
Resolution - 98-492 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 100 George Street East, 725 Marshall Avenue #3,
and 1034 Suburban Avenue.
Councilmember Coleman moved to amend 100 George Street East by granting an extension to
August 1, 1998.
Adopted as amended Yeas - 6 Nays - 0
FOR DISCUSSION
di >17. Consideration of the application of William Dunnigan to rezone property from RT-2 (Townhouse
41.4
Residential District) to B-3 (General Business District) for expansion of an existing auto repair and
=, service station at 365-367 Smith Avenue North. (Public hearing held May 27 and laid over)
Councilmember Coleman moved to lay over six weeks and requested that the Department of
Planning and Economic Development initiate a neighborhood planning process for the area.
Laid over to July 22 Yeas - 6 Nays - 0
cif8. Consideration of the application of Jerome LaCroix to rezone property from RT-2 (Townhouse
Residential District) to B-3 (General Business District) for expansion of an existing auto repair and
service station at 371 Smith Avenue North. (Public hearing held May 27 and laid over)
Councilmember Coleman moved to lay over six weeks and requested that the Department of
Planning and Economic Development initiate a neighborhood planning process for the area.
ILaid over to July 22 Yeas - 6 Nays - 0
19. Consideration of the appeal of Donald Willenbring, et al. to a decision of the Planning
Commission granting the appeal of Arnold Fritsche to a decision of the planning administrator to
approve a lot split at XXX Wiggins Road. (Public hearing held May 27 and laid over)
• Councilmember Lantry moved to deny the appeal and approve the decision and findings of the
Planning Commission as contained in their resolution of May 8, 1998.
June 10, 1998 City Council Summary Minutes Page 4
• Councilmember Coleman said he does not see any reason why the lot split should not be allowed
and he urged the Council to approve the appeal.
Motion of Intent - Appeal Denied Yeas - 5 Nays - 1 (Coleman)
20. Report from the Mayor's Administration on legal options relative to the payroll system.
(Requested on May 6) (Laid over from May 27)
Phil Byrne, Assistant City Attorney, advised the Council that a closed meeting was scheduled for
June 17, 1998 to consider initiation of litigation.
Councilmember Lantry moved to lay over one week.
Laid over to June 17 Yeas - 6 Nays - 0
21. Administrative Order:
D001540 Amending the 1998 budget in the Department of Technology and Management
Services by reducing the spending authority of$4.447 million for the Payroll-Human
Resources-Benefits project by $2.845 million and use the remaining $1.602 million to
fund the payroll conversion project. (Laid over from May 27)
Councilmember Lantry moved to lay over one week.
Laid over to June 17 Yeas - 6 Nays - 0
ORDINANCES
Final Adoption - 98-308 - An ordinance amending Chapter 317 of the Saint Paul Legislative Code
to create a temporary amusement ride license. (Substitute introduced and laid over from May 13)
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
23. Final Adoption - 98-375 - An ordinance to regulate conflicts of interest for City officials and
employees who are offered, or leave the City for, private employment. (Laid over from June 3
for final adoption)
Councilmember Blakey presented an amendment and moved approval.
Councilmember Coleman stated that the Council is trying to rectify a situation that has been a
problem with the City; i.e., to curtail some of the revolving door issues between City employment
and private employment where a City employee going to the private sector could potentially hurt
the City of Saint Paul because of issues the employee may have been involved in. Councilmember
Coleman said he feels that the Blakey amendment substantially clarifies some of the language of
the original change in the ordinance and is a good amendment. He said he initially thought the•
amendment presented by Tom Fabel, Deputy Mayor, was a little vague and he was concerned
about the idea that there could be a waiver. Though the words "personally and substantially" don't
have a hard edge to them and it's not something that can be defined with certainty; whether it can
June 10, 1998 City Council Summary Minutes Page 5
Sbe determined if someone was personally and substantially involved in a negotiation with a private
employer, and if they were personally and substantially involved with someone who had
substantial dealings with the City. He felt the language presented by Councilmember Blakey will
allow the Council to deal with the issues they are concerned about. It mirrors language of
professional responsibility which he thought Mr. Fabel was attempting to do. In looking at all the
changes and possible changes, Coleman said he felt the "Fabel amendment" was the closest to what
the Council was trying to get at.
With respect to the idea of the waiver provision, Coleman said he was no longer as concerned
about that. He said he feels there should be an opportunity for the Council to openly and publicly
discuss whether or not it is in the interest of the City to look at whether a waiver should be
granted. The fear in terms of the appearance of impropriety and the appearance that there is a
conflict is when it is done without public knowledge, Coleman said. If it is before the Council to
weigh the pros and cons of someone taking employment with a private employer who they may
have had some dealings with while an employee of the City, by bringing it to the public some of
those concerns will be addressed.
Councilmember Coleman said he would support the "Fabel amendment" as he feels it takes care of
what the Council is attempting to accomplish and does not unnecessarily bind the hands of the
City.
elCouncilmember Benanav said he feels the term "personally and substantially" is too vague and
making it a case-by-case determination is a greater danger than saying someone cannot work on a
particular issue for one year. Councilmember Benanav said he would support Councilmember
Blakey's amendment.
Council President Bostrom requested that there be a one week lay over before any of the
amendments are voted on in order to allow him time to review the amendments and to allow
Councilmember Harris to be present when a vote is taken.
Discussion ensued; Councilmember Coleman moved to lay over one week.
Laid over to June 17 Yeas - 6 Nays - 0
4-2
4. Final Adoption - 98-441 - An ordinance to amend Sec. 189.05 and Sec. 189.14(a) of the Saint
Paul Legislative Code adding status as a Heritage Preservation Site as a condition required to be
disclosed on the truth-in-housing disclosure report for single- and two-family dwellings, town
homes, condominiums and co-ops.
Council President Bostrom presented a substitute ordinance which added "City designated Heritage
Preservation Site."
Councilmember Coleman moved to introduce the substitute and lay over one week.
• Substitute introduced and laid over to June 17 for final adoption
Yeas - 6 Nays - 0 - -�_
June 10, 1998 City Council Summary Minutes Page 6
• tX Second Reading - 98-480 - An ordinance to regulate the collection of mixed municipal solid waste
from residential properties by (1) dividing the City into "Residential Daily Hauling Districts" and
(2) limiting the regular weekly collection of mixed municipal solid waste from those properties to
one day per week in each such district.
Councilmember Blakey moved to withdrew this ordinance. He indicated that he had a meeting
with the refuse haulers and they feel they will be able to reach a workable agreement on some of
the issues Blakey had concerns on.
Withdrawn Yeas - 6 Nays - 0
Suspension Items
Councilmember Blakey moved for suspension of the rules and approval of the following
Xesolution
esolution:
- 98-502 - Establishing a legislative advisory committee to study and make
recommendations to the City Council concerning (a) establishing a system to ensure all households
have regularly scheduled solid waste removal; (b) examining ways to reduce illegal dumping and
eliminate the expense to the City associated with the removal of illegally dumped wastes.
Councilmember Blakey indicated that the committee will include people from the solid waste
collection industry, St. Paul Association of Responsible Landlords, St. Paul Fire Department,
particulary the Health Division, Council Research, Division of Property Code Enforcement, and
other interested parties. The findings of this committee will be back before the Council on or
before October 7, 1998.
Council President Bostrom suggested that language be added to say that the committee will not
exceed 15 members and also that the Business Owners and Managers Association (BOMA) and
the community councils will be involved.
Councilmember Blakey accepted the amendment as friendly.
Adopted as amended Yeas - 6 Nays - 0
Councilmember Blakey moved for suspension of the rules and approval of the following
resolution:
' esolution - 98-503 - Granting final approval to staff to continue the condemnation action to
acquire 915-917 Ashland Avenue.
Curt Miller, Department of Planning and Economic Development (PED), stated that the last time
this issue was before the Council, PED was authorized to start the condemnation proceedings but
the Council wanted to be assured that the building could not be rehabilitated and PED was to get
an appraisal on the property and court approval to enter the property. Mr. Miller reported that
PED has gone through the building with neighborhood residents, a construction specialist and an
appraiser. The construction specialist determined that it was infeasible to rehab. There is also a
June 10, 1998 City Council Summary Minutes Page 7
• liability issue and problems in the building that could not be fixed. The appraiser determined that
the property has zero value.
Council President Bostrom asked if there are any standing obligations on the property.
Phil Byrne, Assistant City Attorney, responded that there will be a determination as to what the
value of the property is, the City will pay the determined amount and the money will be used to
pay off all interested parties in the property (owners, lien holders, assessments, etc.). What is
received in condemnation is free and marketable title which is then owned and can be re-
developed. By doing it any other way, the City's costs are assessed against the property which
then remains there along with all the other interests and it would have to be condemned at some
time in the future if there was an interest in development.
Council President Bostrom asked where the responsibility lies for any outstanding liens on the
property. Phil Byrne responded that if the commissioners and the court were to award the zero
valuation, all of the outstanding liens and assessments are extinguished. If they were to set a value
on the property of, for example, $10,000, that amount would have to be used to satisfy any liens
and they would all be on a pro-rata basis. Interested parties would have to apply to the court and
seek their payment out of the court proceeds.
Councilmember Coleman asked if the valuation came back from the court and it stated that the
Ilkproperty was worth, for example, $30,000, whether there was an obligation for the City to go
forward.
Phil Byrne said he felt that up, through, and past the commissioners award the City could still
discontinue it's procedure but there may be an obligation to pay the costs and attorney's fees if
there were any.
Adopted Yeas - 6 Nays - 0
The meeting was recessed at 4:23 p.m. and resumed at 5:30 p.m.
Roll Call: Present - 4 Absent - 3 (Coleman, Benanav (arrived after roll call) Harris (excused)
PUBLIC HEARINGS
426. Third Reading - 98-458 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code
to delete an obsolete reference to another portion of the Code.
No one appeared in opposition; Councilmember moved to close the public hearing.
Yeas - 5 Nays - 0 (Coleman not present for vote)
Laid over to June 24 for Final Adoption
• ..„--
June 10, 1998 City Council Summary Minutes Page 8
S �/27. Third Reading - 98-459 - An ordinance amending the Saint Paul Legislative Code Chapter 369.06;
changing the expiration date on Building Trades Business Licenses from December 31 of the year
issued to December 1.
No one appeared in opposition; Councilmember moved to close the public hearing.
Yeas - 5 Nays - 0
Laid over to June 24 for Final Adoption
28. Third Reading - 98-460 - An ordinance to regulate fires, lighted coals and fuels on multi-unit
residential balconies and patios.
Councilmember Lantry moved to introduce a substitute ordinance.
Yeas - 5 Nays - 0
(Coleman arrived during the following disussion)
The following individuals appeared and spoke in favor of the ordinance:
Anita Lambert, 1910 Burns Avenue, #328 - She said she lives above someone who has a grill on a
wood table on the balcony and is concerned about it. Also, grilling should only be allowed on
balconies with concrete. Where she lives, there are concrete balconies on the first floor but there
is wood siding and wood on the balconies above.
The following individuals appeared and spoke against the ordinance:
Ruth Blackman, 66 East 9th Street - She said she felt it was an unfair ordinance and that it should
be her Condo Association or the building management company who should control whether
grilling is allowed.
Pam Smith, 633 S. Robert Street, #207 - She said she feels grilling rules should be written into
leases and not determined by the City.
Lynn Taplin, 787 Ashland Avenue - She said she feels there is a less restrictive way to do this and
that tenants are more familiar with what's in their leases than what's in an ordinance. She further
stated that she feels this would be discriminatory and would not stand up in court.
Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0
Council President Bostrom asked Phil Byrne, Assistant City Attorney, if a landlord has the option
to include in a lease agreement a prohibition of grilling. Mr. Byrne responded that he believed a
landlord could and it would be enforced through the same enforcement mechanism that they would
have for any other provision in a lease.
• Laid over to June 24 for Final Adoption
Yeas - 6 Nays - 0
Junene 10, 1998 City Council Summary Minutes Page 9
• `--- Resolution - 98-317 - Concerning the Auto Repair Garage License held by Mary P. Fasching, dba
M.F. Automotive, 1728 Selby Avenue. (Laid over from May 27)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Yeas - 6 Nays - 0
Councilmember Benanav moved approval. Adopted Yeas - 6 Nays - 0
30. Resolution - 98-493 - Approving application for a Parking Lot license by Park N Jet LLC, 2751
Shepard Road West. (ID #19989999405)
Nancy Anderson, Assistant Secretary to the Council noted that this item was listed on this agenda
in error and there will be a public hearing on June 24.
Councilmember Blakey moved to lay over two weeks.
Laid over to June 24 for public hearing Yeas - 6 Nays - 0
v
31. Resolution - 98-494 - Concerning adverse action against cigarette license held by Parkway
Liquors, 301 Wheelock Parkway East.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LIEP), presented a staff report stating that a sale of cigarettes to a
minor took place during a compliance check by LIEP on May 12, 1998.
at
Peter McGoff, owner of Parkway Liquors, and Kathleen Patri, PP
,Mana er appeared and talked
g
about the circumstances surrounding this violation.
Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
-
132. Resolution - 98-382 - Ordering the owner to remove or repair the building at 860 Robert Street
South within fifteen (15) days from adoption of resolution. (Laid over from May 6) (Legislative
Hearing Officer recommends allowing the owner six months to complete rehabilitation provided a
code compliance inspection is completed and a $2,000 bond is posted by noon, June 10) (Laid
over from May 27)
Gerry Strathman, Legislative Hearing Officer, reported that the bond was not posted and he
recommended approval.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted (remove or repair within 15 days) Yeas - 6 Nays - 0
.
'� June 10, 1998 City Council Summary Minutes Page 10
• v33. Resolution - 98-495 - Ordering the owner to remove or repair the building at 1068 Arundel Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to complete rehabilitation provided the vacant building fee is paid
and a $2,000 bond is posted by noon June 10)
Gerry Strathman, Legislative Hearing Officer, reported that the bond had been posted and the fees
paid and confirmed his recommendation to allow the owner six months to rehabilitate the building.
No one appeared in opposition; Councilmember Reiter moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
i. 4. Resolution - 98-496 - Ordering the owner to remove or repair the building at 598 Lawson Avenue
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends allowing the owner six months to complete rehabilitation provided a code compliance
inspection is completed and a $2,000 bond is posted by noon June 10)
Gerry Strathman, Legislative Hearing Officer, reported that the bond was posted and the fees paid
and confirmed his recommendation to allow the owner six months to complete rehabilitation.
No one appeared in opposition; Councilmember Reiter moved approval.
IIAdopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
Lle Resolution - 98-497 - Ordering the owner to remove or repair the building at 726 Thomas Avenue
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, stated that this is a boarded building that has had
fire damage and no one has indicated a desire to rehabilitate the building which is owned by the
Housing and Urban Development Authority.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
y ...—_,
36. Resolution - 98-498 - Ordering the owner to remove or repair the building at 590 York Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
June 10, 1998 City Council Summary Minutes Page 11
• 37. Resolution - 98-499 - Approving the vacation of part of Erie Street south of I-35E.
(File #14-1997)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
.4138. Final Order - 98-473 - In the matter of improving the alley in Block 3, Lake Park Addition
(bounded by Arona, Almond, Snelling and Canfield) by grading and paving with bituminous
material. (File #18873) (Laid over from May 27)
Councilmember Benanav moved to lay over to July 22.
Laid over to July 22 Yeas - 6 Nays - 0
9. Final Order - 98-500 - In the matter of sidewalk reconstruction on both sides of Bellows St. from
W. Page St. to W. Baker St.; both sides of Clifton St. from James Ave. to Randolph Ave.; the
south side of W. Exchange St. from St. Peter St. to N. Wabasha St.; both sides of S. Milton St.
from Palace Ave. to James Ave.; sidewalk reconstruction with integral curb on the south side of
Mulberry St. from Old Kellogg Blvd. to W. Kellogg Blvd.; the north side of W. Page St. from
Bellows St. to Bidwell St.; both sides of W. Page St. from Charlton St. to Bellows St.; both sides
of W. Stevens St. from Winslow Ave. to Stryker Ave.; both sides of Victoria St. from Palace
Ave. to James Ave.; and the east side of Webster St. from Michigan Ave. to St. Clair Ave. (File
#598037-S98046)
Richard & Mary Johnson, 862 Palace Avenue, appeared. Mr. Johnson said he sees no need to
replace the entire area of sidewalks on both sides of Victoria Street from Palace to James Avenues.
He indicated that there is a tree he felt should be removed. Mrs. Johnson said the tree is on the
corner of Victoria and Palace and it has uprooted the sidewalk. She, also, did not feel the entire
area of sidewalk required replacement.
Gerald Tvedt, Public Works Sidewalk Division, appeared and stated that for this particular address
Public Works is proposing to remove four panels. He requested a layover in order to allow Public
Works' staff to meet with the property owners.
Dan Nelsen, owner of the building at 76 West Stevens Street, talked about the proposal to
reconstruct the sidewalks on both sides of Stevens Street. He said he was not opposed to this but
said he would like to see a more equitable distribution of the construction costs. He noted that
apartment buildings with four or more units are being assessed the actual cost which is estimated
to be $23.00 per frontage foot whereas those with three or fewer units in a building are being
charged $7.65 per frontage foot. The residents also have to bear this burden by increased rental
rates.
• Peter White, Real Estate Division, appeared and stated that for a very long time the assessment
policy for sidewalks has been that commercial and multi-residential property of more than three
units pay the actual cost of the construction of the sidewalk. Residential property has varied from
June 10, 1998 City Council Summary Minutes Page 12
• time to time but there has always been some kind of a subsidy on sidewalk reconstruction for
residential property. It is felt that there is more benefit to commercial and multi-residential
property than single-family residential.
Councilmember Coleman moved to close the public hearing and moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
(Victoria St. from Palace Ave. to James Ave. laid over to June 24 - #S98045)
40. Final Order - 98-501 - In the matter of sidewalk reconstruction at 167, 168, & 171 West Congress
Street, and 519 Winslow Avenue. (Laid over from June 3)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
Councilmember Benanav moved to adjourn the meeting.
ADJ N DAT6:13P.M.
/1r7AC
Daniel ostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson
Assistant Council Secretary
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