Approved Minutes 11-26-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, November 26, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Council President Thune called the meeting to order at 3:55 p.m.
Present- 6 - Bostrom, Collins, Harris, Megard, Morton, Thune
Absent - 1 - Blakey (excused)
CONSENT AGENDA
Council President Thune requested Item 12 be laid over to December 17.
Councilmember Morton requested Item 13 be removed for discussion.
Councilmember Bostrom moved approval of the Consent Agenda as amended.
Yeas - 6 Nays 0
FOR ACTION
1. Approval of minutes of September 3, 10, and 17, 1997, and September 3, 1997 Board of Health
Meeting.
Adopted Yeas - 6 Nays - 0
2. Claims of Roseanne Fercho, Daniel & Susan Gibbons, John Bourgeois, Edward McCue, Delshea
Perry, and Jessie Sutherland.
Referred to Employee/Risk Management Division
3. Summons and Complaint in the matter of David Edward Ellis 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
December 3, 1997 to consider the vacation of a portion of Pleasant Avenue.
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
December 3, 1997 to consider the report of the Administrative Law Judge concerning cigarette
license held by Little Grocery, 1724 University Avenue West.
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
December 3, 1997 concerning licenses held by Drink, Inc., dba Pebble's Bar, 880 7th Street East.
(Uncontested)
7. Letters from Saint Paul Fire/Division of Code Enforcement declaring 9 Acker Street West, 659 Blair
Avenue, 137 Case Avenue, and 237 Page Street East as "nuisance properties" and setting date of
Legislative Hearings for December 2, 1997, and City Council Hearings for December 10, 1997.
November 26, 1997 City Council Summary Minutes Page 2
8. Letter from Saint Paul Fire/Division of Code Enforcement declaring 774 Ashland Avenue as
"nuisance property." (For notification purposes only; public hearing will be scheduled at a later date
if necessary.)
9. Administrative Orders:
D001378 Authorizing a donation of$100.00 to the Powderpuff Clown Club for services rendered
at the Department of Public Works 1997 open house.
D001379 Addition of$37,566.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001380 Extending the contract completion date from May 15, 1997 to October 15, 1997 for the
Princeton Shaft contract.
D001381 Deduction of$42,585.00 from the contract for Como Park West Picnic Grounds Parking
Lot and Site Improvements.
D001382 Addition of$261,521.92 to the contract for 7th/Cedar CSSP.
D001383 Addition of$1,668.72 to the contract for renovation and installation of computerized
elevator control system for the City Hall Annex four elevators.
D001384 Amending the 1997 budget in the Department of Public Works by transferring 1997
Capital Improvement Bonds from the Handicapped Ramps program to the 1997
Sidewalk Reconstruction project.
D001385 Addition of$4,875.00 to the contract for construction of Hazel Park Neighborhood
Recreation Center.
Noted as on file in the City Clerk's Office
10. Resolution - 97-1388 - Approving the May 1, 1997 - April 30, 1999 Maintenance Labor Agreement
between the City of Saint Paul and the International Brotherhood of Electrical Workers, Local 110.
(Laid over from November 19 for adoption)
Adopted Yeas - 6 Nays - 0
11. Resolution - 97-1409 - Approving the appointments of Sue Hendry, Ann Webb, Robert Webber, and
Ms. Xai Yang, by Mayor Coleman, to the New Americans Advisory Committee.
Adopted Yeas - 6 Nays - 0
12. Resolution - 97-1410 - Supporting the relocation of Metropolitan Council Transit Operations facility
to University Avenue and Mississippi Street.
Laid over to December 17 Yeas - 6 Nays - 0
13. (Removed for discussion)
14. Resolution - 97-1412 - Authorizing a grant agreement with the State of Minnesota Department of
Natural Resources to continue the redevelopment of Harriet Island Park.
Adopted Yeas - 6 Nays - 0
November 26, 1997 City Council Summary Minutes Page 3
15. Resolution- 97-1413 - Concurring with action taken by the Board of Water Commissioners in
executing an agreement which leases space at the Board's Annapolis tank site to Nextel West
Corporation, dba Nextel Communications, for the construction and operation of a wireless
communication system.
Adopted Yeas - 6 Nays - 0
16. Resolution- 97-1414 - Concurring with action taken by the Board of Water Commissioners in
executing an agreement which leases space at the Board's Annapolis tank site to APT Minneapolis
for the construction and operation of a wireless communication tower site.
Adopted Yeas - 6 Nays - 0
17. Resolution- 97-1415 - Establishing spending authority to pay overtime and receive reimbursements
for on-duty, overtime police officers.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
13. Resolution - 97-1411 - Increasing the City Attorney's and Risk Management's authority to settle
suits and claims to $25,000.
Frank Villaume, Assistant City Attorney, and Steve Voldal, Risk Management Office, appeared
before the Council and spoke in support of the Council increasing their authority to settle claims
from $2,500 to $25,000 in order to facilitate prompt payment of claims and suits. Ramsey
County's present authority is $10,000 and Dakota County's authority is $5,000.
Council President Thune spoke in support of the resolution saying the Council rarely changes the
recommendation of the City Attorney's Office for claims or lawsuits and he felt it was wise to
delegate the decision making to professional staff who know the risks.
Councilmember Collins stated he would prefer to see the amount increased to $15,000 as there are
times when the Council needs to know what the settlements are and to monitor in case there is a
trend.
Councilmember Megard spoke in favor of maintaining the $5,000 limit as she felt claims need to
be part of the public information published on the Council agenda and that scrutiny and oversight
should be maintained by the Council.
Councilmember Bostrom said he felt an increase was necessary but that $25,000 was too high. He
suggested the limit be $7,500.
Councilmember Harris concurred with Councilmember Megard and said that $25,000 lawsuits
should not be settled without public notification.
Councilmember Harris moved to amend the amount to $5,000.
November 26, 1997 City Council Summary Minutes Page 4
Council President Thune stated that$25,000 was recommended as a reasonable amount by the City
Attorney's Office but he now suggested $7,500 as a compromise.
Councilmember Harris amended his motion to $7,500 and moved approval.
Adopted as amended Yeas - 6 Nays - 0
18. Resolution - 97-1368 - Approving application for a Second Hand Dealer-Motor Vehicle Parts and
Automotive Repair Garage License by All In One-Used Parts &Auto Sales, Inc., 1440 Marshall
Avenue. (ID#47227) (Laid over from November 12)
Councilmember Megard moved to introduce a substitute resolution and approval.
Substitute adopted Yeas - 6 Nays - 0
Suspension item (inadvertently omitted from the agenda)
Resolution - 97-1367 - Approving application for a Second Hand Dealer-Motor Vehicle License by
Crosstown Auto, All In One-Used Autos, 1440 Marshall Avenue (ID#54599) (Laid over from
November 12)
Councilmember Megard moved to introduce a substitute resolution and approval.
Substitute adopted Yeas - 6 Nays -0
19. Resolution - 97-1369 - Concerning Taxicab Vehicle Licenses held by CIN, Inc. &JNJ, Inc., dba City
Wide Cab Co. (Uncontested) (Laid over from November 12)
Bob Kessler, Department of License, Inspections and Environmental Protection (LIEP), appeared
and requested that the Council approve the return of these licenses to the City so they can be
reissued.
Councilmember Bostrom asked if City Wide Cab has the first option for the licenses. Mr. Kessler
responded that LIEP will advertise the available licenses and make recommendations based on the
best applications received. Mr. Bostrom expressed concern for City Wide Cab's dilemma because
they would have been able to retain the licenses if this issue had come up after the current new
ordinance was adopted, but now they are cut out of the process. He said he would like them to have
an opportunity to be first in line for the license.
Virginia Palmer, Assistant City Attorney representing LIEP, said if City Wide Cab is treated
differently it would be unfair. She noted that the previous license holder died three years ago. There
was a district court action, an adverse action, and it is back before the Council as the same issue.
The City has been trying for three years to take these licenses back under the ordinance which existed
during that three year period.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
November 26, 1997 City Council Summary Minutes Page 5
20. Resolution - 97-1416 - Moving funds previously allocated to the 1985 Improvement Bonds
(Highland Streetscape) to the 1996 G.O. Street Improvement Special Assessment Refunding Bonds.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays -0
21. Resolution - 97-1417 - Acquiring vacant land known as the LaFavor Property to be utilized as
passive parkland.
Councilmember Morton explained that this resolution allows for the acquisition of more than 12
acres of vacant land in the Highwood Hills area. It is for sale by a private owner and will be
dedicated as passive park land. The cost will be $330,000; $155,000 will come from the Department
of Natural Resources, $155,000 from North Star Steel and the balance of$20,000 from the City.
Councilmember Megard moved to amend the amount on Line 55 which incorrectly read $2 million.
Adopted as amended Yeas - 6 Nays - 0
ORDINANCES
22. Second Reading - 97-1406 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to metal shredder plan and zoning code amendments.
Laid over to December 3 for third reading/public hearing
23. Second Reading - 97-1407 - An ordinance amending the Saint Paul Legislative Code Section 33.03
which changes the effective date from the time a compliance inspection is performed to the date the
deposit is received for work done on nuisance, dangerous and vacant buildings.
Laid over to December 3 for third reading/public hearing
24. First Reading - 97-1418 - An ordinance amending Sections 86.02 and 86.03 of the Saint Paul
Administrative Code setting for the required signatures for contracts and other real estate documents
for the Board of Water Commissioners of the City of Saint Paul.
Laid over to December 3 for second reading
25. First Reading - 97-1419 - An ordinance amending Chapters 87-92 of the Saint Paul Legislative Code
pertaining to the rules and regulations of the Saint Paul Water Utility as recommended by the Board
of Water Commissioners of the City of Saint Paul.
Laid over to December 3 for second reading
26. First Reading - 97-1420 - An ordinance amending Chapter 24 of the Saint Paul Administrative Code
to prohibit certain campaign contributions.
Laid over to December 3 for second reading
27. First Reading - 97-1421 - An ordinance to provide for enforcement of health and safety codes in non-
owner occupied one and two family dwellings.
Laid over to December 3 for second reading
November 26, 1997 City Council Summary Minutes Page 6
non-owner occupied one and two family dwellings.
Laid over to December 3 for second reading
28. First Reading - 97-1422 - An ordinance repealing Saint Paul Legislative Code Chapter 220
pertaining to dumping on private property.
Laid over to December 3 for second reading
29. First Reading - 97-1423 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
pertaining to Building Code and Inspection.
Laid over to December 3 for second reading
The meeting was recessed and the Housing and Redevelopment Authority (HRA) meeting was called to
order for consideration of the Consent Agenda. Present - 6 Absent - 0
The HRA meeting was recessed and the City Council meeting resumed.
(The meeting was recessed from 4:18 to 4:38 p.m.)
Present - 6 - Bostrom, Collins, Harris, Megard, Morton, Thune
Absent - 1 - Blakey (excused)
PUBLIC HEARINGS
30. Third Reading - 97-1324 - An ordinance amending Chapters 116 and 135 of the Saint Paul
Legislative Code to provide for regulation of private construction in the public right-of-way.
Stacy Becker, Department of Public Works, appeared and stated the Council passed ordinances in
1996 to better manage the right-of-way. Those ordinances have not gone into effect yet as the
State also has provisions and the City has had to put a hold on some things because of this. In the
summer of 1998 there will be greater control over the right-of-way. There was a contractor that
caused Public Works some concern this past summer and their work had to be monitored closely.
Ms. Becker was concerned about Public Works taking responsibility for the utility work. She has
had discussions with the City Attorney on some possible options to ensure reliable contractors are
doing the work.
Dick Anfang, Building and Construction Trade Council, appeared and stated there was poor
quality work in the installation of the fiberoptic cables that were put in downtown this past
summer. The company had a responsibility but did not meet it in terms of being informative to
the public about what was going be taking place. They were negligent in supervising traffic in and
around the work zones, and the safety effort around work zones was almost non existent. One
reason was the company did not know how to do work in Minnesota because they had not been
here before. Their permits were granted under the current ordinance. The sudden appearance of
hundreds of workers and many large pieces of equipment caused havoc downtown. The workers
were unskilled, were paid low wages, and were required to work long hours under poor working
conditions. This ordinance needs to ensure that local contractors get an opportunity to
November 26, 1997 City Council Summary Minutes Page 7
telecommunication facilities. They are the new information highways and have the same importance
that highways and roads had years ago, he said.
Council President Thune stated this is not an attempt to stop, stall, or further regulate electronic
communications but to make sure the work is performed up to standards. Bill Fling said the proposal
may go too far. The one company in Saint Paul that had been a serious problem has been sold and
merged into another company. There are ways to monitor the problem companies, he said.
Jerry Diedric, Local 132, appeared and stated their concern is for this to not happen again. The
money that came into Saint Paul left the city and the country.
Dave Erickson, Local 49, appeared and stated he represents the people who operate the back hoes
and who do the trench work. He indicated that the standards last summer were poor, the wages were
from the 1960's and health insurance was nonexistent.
Carol Sindt, attorney with Brooks Fiber, appeared and stated Brooks Fiber cooperated with Public
Works. They will be happy to meet with the Council, the City Attorney, and anyone else who might
be interested. Brooks Fiber moved quickly to solve every problem that came up, Ms. Sindt said.
They were not informed directly of all the information and had just received a copy of the ordinance.
The Public Utilities Commission (PUC) has a task force that is looking into this issue. Brooks Fiber
feels the ordinance is illegal and anti-competitive. There are new issues coming up because of the
competitiveness of the telecommunications era and it is something that will have to be looked at
again.
Peg Birk, City Attorney, responded that Jerry Hendrickson, Assistant City Attorney, had reviewed all
of the legal issues involved.
George Blackwell, US West Communications, appeared and stated they support the City and its
concerns. U.S. West continues to work very close with Public Works to coordinate their work in the
streets. They appreciate the needs of Saint Paul to manage the right-of-way. However, U.S. West is
concerned about the language that implies different treatment for different users in the right-of-way.
There being no one else to testify, Council President Thune closed the public hearing.
Council President Thune presented an amendment pertaining to the issuance of permits for projects
under$25,000.
Councilmember Megard asked how long it would be before there would be a PUC decision. John
Matzko, Public Works, appeared and responded the PUC Task Force has completed its work. There
has been agreement on some items and it has to go through the PUC rule making process. Per State
legislation, the PUC is required to make a report by March 1, 1998 so the City would not go through
another construction season with vague rules. If they could not make the March 1 deadline, cities
could protect and manage their right-of-way.
November 26, 1997 City Council Summary Minutes Page 8
Councilmember Megard stated her concern with the ordinance is the possibility of passing it and that
it may be in conflict with what comes from the PUC.
Amended and laid over to December 3 for final adoption
(Thune left; Harris assumed the chair)
31. 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 October 22)
Councilmember Megard moved to layover to January 7, 1998
Laid over to January 7 Yeas - 5 Nays - 0 (Thune not present for vote)
32. Resolution - 97-1424 - Approving application for a Parking Lot/Ramp License by 2356 University
Avenue Limited Partnership (Bruce Lambrecht), 2356 University Avenue West. (ID#70524)
No one appeared; Councilmember Megard moved approval.
Adopted Yeas - 5 Nays - 0 (Thune not present for vote)
33. Resolution - 97-1425 - Approving application for Sunday On-Sale Liquor, Restaurant (B) and Liquor
On-Sale-C Licenses by Bella St. Paul, Inc. (Dean Altier), 33 7th Place West. (ID#15989)
No one appeared in opposition
Councilmember Collins moved to amend Line 6 to add the word "Department."
Yeas- 5 Nays - 0 (Thune not present for vote)
Councilmember Collins moved approval as amended.
Adopted as amended Yeas - 5 Nays - 0 (Thune not present for vote)
34. Resolution - 97-1426 - Approving application for Tanning Facility, Health/Sport Club Licenses by
FCA LTD, dba Life Time Fitness, 340 Cedar Street. (ID#19970000031)
No one appeared in opposition Councilmember Morton moved approval.
Adopted Yeas - 5 Nays - 0 (Thune not present for vote)
(Thune returned)
35. Resolution - 97-1427 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement appeals for 768 Desoto Street, 383 Curtice Street East, 467 Beaumont Street, 1032 East
Magnolia Avenue, 551 Barge Channel Road, 400 Selby Avenue, and 596 Grand Avenue.
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
November 26, 1997 City Council Summary Minutes Page 9
36. Resolution - 97-1428 - Ordering the owner to remove or repair the building at 815 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner until July 18, 1998 to remove or repair the building provided the vacant building
registration fee is paid and a$2,000 bond is posted by noon, November 26)
No one appeared in opposition.
Gerry Strathman, Legislative Hearing Officer, reported the bond had been posted and the vacant
building fee was paid.
Councilmember Harris moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
37. Resolution - 97-1429 - Ordering the owner to remove or repair the building at 951 Jessamine Avenue
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
38. Resolution - 97-1430 - Ordering the owner to remove or repair the building at 1248 Laurel Avenue
within one hundred eighty (180) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
39. Resolution - 97-1431 - Ordering the owner to remove or repair the building at 944 Lawson Avenue
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
40. Resolution - 97-1432 - Ordering the owner to remove or repair the building at 1035 Magnolia
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends allowing the owner six months to remove or repair the building contingent on posting a
$2,000 bond by noon, November 26)
Gerry Strathman, Legislative Hearing Officer, reported that the bond had not been posted.
Brad Morale, property owner, stated the closing date will be December 1, 1997 and the bond will be
posted after closing. He requested this be laid over until the next Council meeting.
Councilmember Bostrom moved to lay over two weeks and continuation of the public hearing.
Laid over to December 10 Yeas - 6 Nays - 0
November 26, 1997 City Council Summary Minutes Page 10
41. Appeal of Mary Dabney to a summary abatement order for property at 790 Laurel Avenue.
(Legislative Hearing Officer recommends denial) (Laid over from October 22)
Councilmember Harris moved to lay over two weeks at the request of Councilmember Blakey.
Laid over to December 10 Yeas - 6 Nays -0
42. Appeal of Arthur D. Hill to a vehicle abatement order for property at 1081 Hague Avenue.
(Legislative Hearing Officer recommends allowing an extension to December 4 provided the vehicle
remains parked properly per an amendment of Public Health)
No one appeared in opposition; Councilmember Harris moved approval of the Legislative Hearing
Officer's recommendation
Extension of time granted (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays- 0
43. Appeal of R. Joseph Adams to a Summary Abatement Order for property at 674 Wells Street.
(Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Bostrom moved to deny the appeal.
Appeal denied Yeas - 6 Nays - 0
44. Resolution - 97-1340 - Vacating the North-South and East-West alleys in Block 1, Bernheimer's
Addition to eliminate through traffic. (Laid over from November 5)
Peter White, Real Estate Division, appeared and requested a two week layover.
Councilmember Bostrom moved to lay over two weeks and continuation of the public hearing.
Laid over to December 10 Yeas - 6 Nays - 0
45. Resolution - 97-1433 - Vacating a portion of Cohansey Street south of Larpenteur Avenue.
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 6 Nays - 0
46. Resolution - 97-1434 - Vacating a portion of the alley in Block 7, Humphrey's addition.
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
47. Final Order- 97-1435 - In the matter of construction and/or repair of sanitary sewer, storm sewer
and/or water service connections, if requested by the property owner, in conjunction with the
Thomas/Mackubin Area Street Paving and Lighting Project. (File#18852-corn)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 5 Nays - 0 Abstention - 1 (Collins)
November 26, 1997 City Council Summary Minutes Page 11
48. Final Order- 97-1436 - In the matter of improving streets with a new bituminous roadway,
construction of concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding,
tree planting, construction of a lantern style lighting system, and all other work necessary to complete
said improvements for the Thomas/Mackubin Area Street Paving and Lighting Project. (File
#18852)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 5 Nays - 0 Abstention - 1 (Collins)
Suspension Items
Councilmember Megard moved for suspension of the rules and approval of the following resolution:
Resolution - 97-1462 - Requesting the Administration and City Council staff to provide complete
access to all information and materials which may be requested or otherwise believed to be of use to
Councilmembers-elect as they prepare themselves to assume office in 1998.
Adopted Yeas - 6 Nays - 0
Councilmember Megard moved for suspension of the rules and two weeks layover of the following
resolution:
Resolution - 97-1463 - Recognizing the formation of the Historic Saint Paul Foundation and
expressing the City Council's intent to provide two years of interim operating support through the
1998 budget.
Laid over to December 10 Yeas - 6 Nays - 0
Councilmember Bostrom moved for suspension of the rules and approval of the following resolution:
Resolution - 97-1464 - Accepting a grant award in the amount of$140,000 for the ECON Weed and
Seed Program and authorizing the proper City officials to enter into an agreement with the
Department of Public Safety with the Department of Public Safety.
Adopted Yeas - 6 Nays - 0
Councilmember Bostrom moved for suspension of the rules and approval of the following resolution:
Resolution - 97-1465 - Regarding Planning Commission review of alternative sites for a new Adult
Detention Center.
Adopted Yeas - 6 Nays - 0
November 26, 1997 City Council Summary Minutes Page 12
Councilmember Megard moved adjournment.
ADJOURN D AT 5:35 P.M.
D niel' ostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Andes on � J \`\q
Assistant Council Secretary
rn/mce
x '``/'
a
cy
.. \- nq N.
o • o I\ I,
a 0
) t
o
v)
N z \4
A
N W itN
i' li d g - -1-
12 M o'
l'els t'\,
ctt
.0
c
zr-- i
wtr
1 0
c�
I
,111, .4 , i z ,� �!
Q* , / i
I ic 4.
A.,
x
W 41