Approved Minutes 8-20-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, August 20, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 p.m. by Vice President Blakey.
Present - 6 - Blakey, Bostrom, Collins, Harris, Megard, Morton
Absent - 1 - Thune (arrived after the Consent Agenda)
CONSENT AGENDA
Gerry Strathman, Secretary, noted a correction to the date on Item 10 to read September 24 instead of
September 10.
Councilmember Bostrom moved approval of the consent agenda as amended.
Yeas - 6 Nays - 0
FOR ACTION
1. Approval of minutes of July 9 and July 16, 1997.
Adopted Yeas - 6 Nays - 0
2. Claims of Sasha Aslanian, Jill Attwood, Alisha Ellwood, Jay Febbo, and Mark Sauer.
Referred to Employee/Risk Management Division
3. Notice of Claim in the matter of Jealene Frederick vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Petition for Writ of Certiorari in the matter of Fleet Mortgage Corp. vs. the City of Saint Paul.
(659 Edmund Avenue)
Referred to the City Attorney's Office
5. Letter from Minnesota Department of Human Rights concerning the matter of Evette Scarver vs.
the City of Saint Paul.
Referred to the City Attorney's Office
6. Letters from Saint Paul Public Health declaring 747 Central Avenue West, 737 Cypress Street,
952 Jenks Avenue, 954 Jenks Avenue, and 617 York Avenue as "nuisance properties", and setting
date of Legislative Hearings for August 19, 1997 and City Council Hearings for August 27, 1997.
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August 20, 1997 City Council Summary Minutes
7. Letters from Saint Paul Public Health declaring 237 Page Street East and 1274 Sherburne Avenue
as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
8. Letter from the Real Estate Division announcing a public hearing before the City Council on
September 10, 1997 to consider the vacation of land to facilitate control of traffic on the 3-M
Campus. (File #12-1997)
9. Letter from the Real Estate Division announcing a public hearing before the City Council on
September 10, 1997 to consider the vacation of 860 Como Avenue to accommodate a building
encroachment. (File #2-1997)
10. Letter from the Real Estate Division announcing a public hearing before the City Council on
September +0 24, 1997 to consider the vacation of part of Palace Avenue west of I-35E to allow
the petitioner to use the area for open space in conjunction with a planned cluster
development.
11. Resolution - 97-1028 - Authorization to retain outside counsel to represent city attorneys before
the Lawyers' Professional Responsibility Board under unusual circumstances.
Adopted Yeas - 6 Nays - 0
12. Resolution - 97-1029 - Substituting a letter of credit for the reserve account securing the
Recreational Facilities Gross Revenue Bonds, Series 1996 (Rice and Arlington Sports Dome).
Adopted Yeas - 6 Nays - 0
13. Resolution - 97-1030 - Authorizing the Police Department to accept a grant in the amount of
$125,000 to continue a Weed and Seed Program in the Railroad Island neighborhood of the lower
East Side of Saint Paul.
Adopted Yeas - 6 Nays - 0
14. Resolution - 97-1031 - Correcting sewer work financing on the Morgan/Edgcumbe RSP project.
Adopted Yeas - 6 Nays - 0
15. Preliminary Order - 97-1032 - In the matter of sidewalk reconstruction on both sides of Laurel
Avenue from North Victoria Street to North Milton Street, and at 420 Cherokee Avenue, 863
Ottawa Avenue, 235 West Seventh Street, 2005 Thure Avenue, and 1585 Conway Street, and
setting date of public hearing for October 8, 1997. (File #S97101-S97102)
Adopted Yeas - 6 Nays - 0
16. Resolution Approving Assessment - 97-1033 - In the matter of the operation and maintenance
costs for the Immaculate Heart of Mary parking lot from January 1, 1998 to December 31, 1998,
and setting date of public hearing for October 8, 1997. (File #18746)
Adopted Yeas - 6 Nays - 0
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August 20, 1997 City Council Summary Minutes
17. Resolution Approving Assessment - 97-1034 - In the matter of construction of a storm sewer
connection, as requested by the property owner, in conjunction with improving the brick street on
Maiden Lane, and setting date of public hearing for October 8, 1997. (File #18795-conn)
Adopted Yeas - 6 Nays - 0
18. Resolution Approving Assessment - 97-1035 - In the matter of the Lafond/Grotto Area Street
Paving and Lighting Project, and setting date of public hearing for October 8, 1997. (File
#18807)
Adopted Yeas - 6 Nays - 0
19. Resolution Approving Assessment - 97-1036 - In the matter of the level of operation and
maintenance for the Town Square "Public Spaces" located within Cedar, Seventh, Minnesota and
Sixth Streets for the period July 1, 1997 to June 30, 1998, and setting date of public hearing for
October 8, 1997. (File #18113-97)
Adopted Yeas - 6 Nays - 0
(Thune arrived)
FOR DISCUSSION
20. Resolution - 97-762 - Directing the appropriate City Departments to issue code compliance orders
to repair houses and two to three unit apartment buildings immediately after the house or
apartment is listed by HUD. (Substitute introduced August 6; laid over August 13)
Councilmember Harris stated the City Attorney has looked at this and does not think it is a good
idea. There are four to five departments that have a stake in this issue. Mr. Harris presented a
substitute resolution to continue the discussion and have the appropriate City departments report
back to the Council on September 24 with further information on this subject.
Councilmember Harris moved introduction and approval of the substitute resolution.
Substitute introduced and adopted Yeas - 7 Nays - 0
21. Resolution - 97-987 - Approving the 1997 Civic Organizations Partnership Program (COPP)
allocation of funding for Project Fresh Start, Inc. Outreach for Youth Program. (Laid over from
August 13)
Councilmember Morton moved a one week layover.
Laid over to August 27 Yeas - 7 Nays - 0
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August 20, 1997 City Council Summary Minutes
22. Appeal of Frank Wallner to a decision of the Board of Zoning Appeals on the legal status of semi-
trailers on Burlington Northern's intermodal hub facility, 1701 Pierce Butler Route. (Laid over
from August 13)
Councilmember Megard moved a two week layover. She noted that the public hearing is closed
and discussion will take between Councilmembers on September 3.
Laid over to September 3 Yeas - 7 Nays - 0
ORDINANCES
23. Final Adoption- 97-912 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
by reducing the fee for Animal Institutional Use from $400 to $200 to reflect actual cost. (Laid
over from August 13)
Councilmember Megard moved approval.
Councilmember Collins stated this issue has a long history. The Council wanted to oppose a State
law and they thought the Mayor would veto that action. At the public hearing, the University of
Minnesota (U of M) said they are paying $475 on the market, therefore they are still getting a
reduced price at the City's rate of$400. At the public hearing, the majority of people speaking
said they did not want any animals sold to the U of M for research. Concern was express that if
someone is on vacation, their animals could get lost and sold to the U of M. There is no
guarantee where animals go when they are sent to the U of M. Giving all those situations, Mr.
Collins said he would vote against the ordinance.
Councilmember Blakey concurred with Councilmember Collin's statements.
Councilmember Harris also concurred with Councilmember Collins saying that the economic
argument would be for raising the amount rather than lowering it.
Councilmember Bostrom asked how long animals are held to which Bill Stephenson, Animal
Control, responded five days. There are several options: adoption, animal welfare agencies, or
euthanasia. Mr. Bostrom asked what the chances are of an animal staying at a the Dog Pound for
14 days. Mr. Stephenson responded that some animals are held for 14 days, and abandoned
animals are held for 10 days. The U of M has another holding period. Council President Thune
asked whether Animal Control keeps a record if someone calls about a particular animal with a
description. Mr. Stephenson responded that they do if the person has a close date to refer to as to
when it disappeared
Councilmember Bostrom asked what procedure is followed for animals with tags. Mr.
Stephenson responded that calls are made to the number provided, a post card will be sent and the
animal will be held for five days. Mr. Bostrom stated he finds it difficult to believe someone is
on vacation and the pet is running at large. Someone has to be responsible for the animal while
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August 20, 1997 City Council Summary Minutes
the person is on vacation and that person should be responsible for locating the pet within five
days.
Council President Thune asked whether it was possible to establish a policy for another type of
cross-check because tags can come off animals. Bill Stephenson responded he would look into it.
Councilmember Harris stated license fees were raised by 11% across the board and asked why
this particular license fee is being cut so much. Robert Kessler, Office of License, Inspections,
Environmental Protection (LIEP) responded that license fees were not raised across the board.
This is the only fee that does not reflect the cost involved. The license fees are determined by
how much it costs to take care of the animals and enforcement. Market forces are not taken into
account. Councilmember Megard stated this fee was not set by LIEP, but by the Council. The
original fee was $200 and the Council raised it to $400. This fee goes against the policy of the
City to have license fees only reflect the cost. There was a suggestion to combine Animal Control
with Minneapolis, but it was voted down, she noted. In response to a question of Councilmember
Harris, Mr. Kessler said the fee was $200 for approximately a year and $45 before that.
Councilmember Collins reiterated that at two public hearings citizens said they did not want
animals from the Saint Paul Pound to go to the U of M. The U is still able to purchase animals
from the private market at a higher cost.
Adopted Yeas - 4 Nays - 3 (Blakey, Collins, Harris)
Councilmember Harris moved to reconsider and make a correction to the following resolution:
Resolution Ratifying Assessment - 97-1018 - In the matter of boardings-up of vacant buildings for
March 1997, demolitions for March and April 1997, and collecting expenses for towing
abandoned vehicles from properties from April to December 1996. (File #J9708B, J9709C,
J9706V) (Adopted as amended on August 13)
Gerry Strathman requested the Council reconsider this Resolution and delete two assessments:
344 Duke Street and 1367 Forest Street.
Reconsidered, amended and adopted Yeas - 7 Nays - 0
344 Duke Street - delete assessment
1367 Forest Street - delete assessment
(The meeting was recessed from 4:10 to 4:32 p.m.)
Present: Bostrom, Collins, Harris, Morton, Thune
Absent: Blakey, Megard (arrived after roll call)
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August 20, 1997 City Council Summary Minutes
PUBLIC HEARINGS
26. Resolution - 97-970 - Approving application for a Second Hand Dealer-Motor Vehicle License by
Walker Quality Sales Inc, dba Snelling Motor Company, 201 Snelling Avenue North. (ID
#34995) (Laid over from August 13 )
Mollee Olenick, 1604 Dayton Avenue, appeared and stated that the Zoning Committee approved a
special permit to sell property at 201 Snelling Avenue North four years ago. There have been
"junk" cars, littering the street, the lot is oil stained, and the sales building is in shambles. The
owner promised to put high quality cars on display which he has not done, she said. Cars are test
driven throughout the neighborhood. In violation of the City code, residents were not mailed a
notice about the hearing. Owners of this lot have broken zoning restrictions, parking rules, not
been truthful with the City Council, and have caused the values of homes to decrease. The
current owners promised, on record, to sell only higher priced cars and keep the lot cleaned.
Paul Walker, 10890 Highway 25, Watertown, MN, appeared and stated he intends to buy the
property and will put about $10,000 into the building. He indicated he owns several businesses
and most are commercial warehouses so he knows how businesses should look and be kept up.
Councilmember Megard indicated that a six foot obscuring fence on the west side of the driveway
will be erected as a provision of the license.
Councilmember Blakey stated he is concerned about cars being test driven on Dayton Avenue.
Paul Walker responded that customers are told to drive on Snelling Avenue and it can be a
condition placed on the license.
Council President Thune requested that an exterior rehabilitation program be completed and
submitted to LIEP for approval and the license not be in effect until the work has been completed.
The license will be issued but will not go into effect until the cleanup is done. Paul Walker
responded that was acceptable to him.
Councilmember Bostrom requested the fence be maintained also.
MolleeOlenick asked about a fence on Dayton Avenue also. Mr. Walker stated it could be a site
hazard. Councilmember Megard stated she was not sure about the ramifications of a fence on
Dayton and she felt the conditions agreed to are adequate. Councilmember Megard reminded
people that the property is being sold to a new owner and the property at issue is as it stood under
the previous owner.
Councilmember Megard moved to introduce a substitute resolution and approval as amended.
LIEP was requested to report back to the Council in writing on the progress.
Substitute introduced, amended and adopted Yeas - 7 Yeas - 0
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August 20, 1997 City Council Summary Minutes
At this time, Council President Thune directed Gerry Strathman, Council Research Director, to
write a letter to City departments requesting that they have a representative present at the Council
meetings when they have an item on the agenda and especially when there is a public hearing.
24. Appeal of Mary Dabney to a summary abatement order for property at 790 Laurel Avenue.
(Legislative Hearing Officer recommends denial) (Laid over from July 9)
Councilmember Blakey moved a six week layover. Twin City Garage is going to provide a door
at a minimal cost to the owner along with some of the hardware and Blakey is in the process of
recruiting neighborhood people to install the door.
Laid over to October 1 Yeas - 7 Nays - 0
25. Third Reading - 97-840 - An ordinance to enact the Vendor Outreach Program as new Chapter 84
of the Saint Paul Administrative Code. (Laid over from August 6 for continuation of third
reading/public hearing)
Councilmember Blakey moved to introduce a substitute ordinance. Yeas - 7 Nays - 0
Substitute introduced and laid over to August 27 for final adoption
Councilmember Blakey moved for suspension of the rules and a one week layover of the following
resolution:
Resolution - 97-1037 - Directing the Department of Planning and Economic Development Director
and the Housing and Redevelopment Authority to review all of the economic development
programs administered by the Department to determine the most effective manner in which the
goals of the Vendor Outreach Program can be applied and report back to the City Council by
March 1, 1998, with specific recommendations and criteria.
Laid over to August 27 Yeas - 7 Nays - 0
POLICY SESSION
27. Municipal State Aid (MSA) Policy and Strategy Discussion (Laid over from July 16)
Presenter: Ed Warn, Department of Public Works
Ed Warn, Department of Public Works, stated he was present as a follow-up to the April 30, 1997
meeting where he asked the Council to designate a number of MSA miles and he was asked to
come back and talk about the MSA system. Mr. Warn made two main points during his
discussion: 1) MSA is not being used to its maximum potential; and 2) how Saint Paul can get
their fair share of the money and spend the money they do get in a more timely fashion. Mr.
Warn also fielded questions from the Councilmembers.
Council President Thune suggested continuing the discussion to another meeting.
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August 20, 1997 City Council Summary Minutes
Councilmember Megard requested a map be provided showing the MSA streets and also
information as to how this will affect the street paving plan.
28. Resolution - 97-868 - Adopting the Saint Paul Transportation Policy Plan as a chapter of The Saint
Paul Comprehensive Plan. (Laid over from July 9)
Introduction by Allen Lovejoy, Saint Paul Department of Planning and Economic Development,
and Mike Klassen, Saint Paul Department of Public Works
Allen Lovejoy, Department of Planning and Economic Development (PED), appeared and stated
when the City Council adopts this portion of the plan, it will then go to the Metropolitan Council
for official review against the regional blueprint. Comments will come back to the City Council
for final certification. The plan has three major strategies listed: 1) travel and system
management, a system that works from a technical standpoint; 2) neighborhood and economic
development, a system that works for the community; 3) travel mode choice, a system that works
for individuals.
The priorities for the plan are self explanatory: to significantly improve transit services and transit
use throughout Saint Paul, to enhance neighborhood environment, to influence regional
development patterns, to rationally manage traffic on City streets, to add to the system where
critical, and to carefully manage neighborhood and downtown parking.
II. Public Comment
The following people appeared and commented on the Transportation Plan:
A. Mark Filipi, Metropolitan Council
B. Art Leahy, Metropolitan Council Transit Operations (Metro Transit)
C. Trisha Moga, Metropolitan Council Metro Commuter Services
D. Paul Kirkwold, Ramsey County Public Works
E. Kathy DeSpiegelaere, Regional Railroad Authority
F. Pat Loonan, Capital City Partnership
G. Dan Krivit, Saint Paul Bicycle Advisory Board
H. Lt. Michael Morehead, Saint Paul Police Department
I. Michael O'Neal, Augsburg College
J. Other Public Comment - The following people from the public spoke about the
Transportation Plan and made comments:
Frederica Musgrave, 568 Smith Avenue South; Philip McDonald; Barbara Scott Murdock, 1489
Hythe Street; Mat Hollinshead, Merriam Park neighborhood.
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August 20, 1997 City Council Summary Minutes
III. Council Discussion
Council President Thune stated that another session will be required to discuss this issue. Some
good things were identified at this meeting, some deficiencies were noted, and new areas to
explore were identified, Thune said.
Councilmember Harris stated there were a number of requests for information and a number of
items were discussed in detail. He suggested Gerry Strathman compile a list of questions from
this meeting and circulate it to Councilmembers so the Council can identify particular issues it
would like to address. When the Council has a list of what should be done at the next step, then
another time should be scheduled to discuss this topic.
OTHER BUSINESS
Council President Thune distributed a draft schedule of the budget process.
Greg Blees, City Council Fiscal Policy Director, stated that printing of the budget documents is
behind schedule and will be available after September 1. The Council must take action by
September 10 to certify a maximum levy. Greg Blees will provide the Council with a summary of
the significant changes for spending and FTE's.
A motion was made to adjourn the meeting.
Yeas - 6 Nays - 0 (Blakey not present)
ADJO_RNRN: AT 8:'c P .
: avid Thune,V ncil President
ATTEST:
Minutes approved by Council
Nancy Anderson C F _ \ckc\
Assistant Council Secretary
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