Approved Minutes 3-26-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, March 26, 1997
Northwest Conference Room
Third Floor City Hall and Court House
Saint Paul, Minnesota
CLOSED DOOR SESSION
The meeting was called to order by Council Vice-President Rettman at 2:38 p.m.
Present - 5 - Councilmembers Blakey, Harris, Megard, Morton and Rettman
Absent- 2 - Councilmember Bostrom and Council President Thune
Also present were: Peg Birk, City Attorney; Phil Byrne, City Attorney's Office; Frank
Villaume, City Attorney's Office; Tim Marx, Mayor's Office; Ken Ford, PED and Gerry
Strathman, Council Secretary.
Councilmember Bostrom and Council President Thune joined meeting at 2:42 p.m.
Ken Ford left meeting at 3:05 p.m.
Councilmember Rettman left meeting at 3:25 p.m.
Councilmember Rettman joined meeting at 3:26 p.m.
Councilmember Harris left meeting at 3:29 p.m. i',#
Councilmember Harris joined meeting at 3:30 p.m.
•
Session discussed pending litigation.
ADJOU' k •
ATTEST:
11,
CC) --A Coun ' Pre ent, Dave Thune
Council Scritary, Gerry Strathman
1
i
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, March 26, 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 3:50 p.m. by Council President Thune.
Present - 6 - Bostrom, Harris, Megard, Morton, Rettman, Thune
Absent - 1 - Blakey (arrived after roll call)
CONSENT AGENDA
FOR ACTION
Councilmember Megard requested Items #19, 20 & 21 be removed for discussion.
Councilmember Rettman requested Item#25 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended.
Yeas - 7 Nays - 0
1. Approval of minutes of February 26, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Jackie Blomquist, Gary Carlson, Rhonda DeBough-Insook, Margaret Hilmanowski,
Carol Johnson, Taisuke Oshita, and George Selvestra.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Randall Barnhart vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Ernestine Bettendorf vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. Letter from Todd Young Law Firm dated March 13, 1997, providing notification of a possible
claim in the death of Samuel Aanenson.
Referred to the City Attorney's Office
5a. Letter from the Office of the City Attorney announcing a hearing before the City Council on April
2, 1997, to consider the report of the Administrative Law Judge in the matter of four taxicab
licenses held by CIN & JNJ, Inc.
5b. Letter from the Office of the City Attorney announcing a hearing before the.City Council on April
2, 1997, to consider the report of the Administrative Law Judge in the matter of licenses held by
Thanh Ngoc Nguyen, dba Cafe Karaoke Do Thanh, 1275 University Avenue West.
March 26, 1997, City Council Summary Minutes Page 2
6. Letter from the Real Estate Division setting date of public hearing before the City Council for
April 23, 1997, to consider the vacation of C Street southwesterly of B Street allowing the vacated
area to accrue to Battle Creek Recreational Park.
7. Letters from Saint Paul Public Health declaring 774 Capitol Heights, 714 Fuller Avenue, 123
Geranium Avenue West, and 395 Michigan Street 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 recommending approval of a request for reduction in assessed
valuation for property located at 801 Front Avenue (AC96-5560)
Adopted Yeas - 7 Nays - 0
9. Letter from the Real Estate Division recommending approval of a request for reduction in assessed
valuation for property located at 652 Reaney Avenue, 650 Reaney Avenue, 648 Reaney Avenue,
738 Payne Avenue and 722 Payne Avenue (AF96-5345).
Adopted Yeas - 7 Nays - 0
10. Letter from the Real Estate Division recommending approval of a request for reduction in assessed
valuation for property located at 1021 Bandana Boulevard East (AM96-5541).
Adopted Yeas - 7 Nays - 0
11. Communication from Saint Paul Animal Control dated March 17, 1997, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
12. Administrative Orders:
D001172 Addition of$44,342.11 to the contract for Smith Avenue Reconstruction - Grand
Avenue to Kellogg Boulevard.
D001173 Authorizing the Department of Planning and Economic Development to contribute
$5,000 to Public Arts Saint Paul's Mayor's Design Forum.
D001174 Addition of$17,946.47 to the contract for Prosperity Avenue Realignment.
Noted as on file in the City Clerk's Office
13. Resolution - 97-297 - Approving the appointment of Karen Muller, by Mayor Coleman, to the
Family Housing Fund of Minneapolis and Saint Paul Board of Directors. (To be laid over one
week for adoption)
Laid over to April 2 for adoption
14. Resolution - 97-298 - Approving the appointment of Greg Simbeck, by Mayor Coleman, to the
Youth Fund Board. (To be laid over one week for adoption)
Laid over to April 2 for adoption
15. Resolution - 97-299 - Authorizing a contract with Saint Paul Public School District 625, in the
amount of$116,260 for the program operation of the Ramsey County Truancy and Curfew Center.
Adopted Yeas - 7 Nays - 0
March 26, 1997, City Council Summary Minutes Page 3
16. Resolution - 97-300 - Authorizing fund disbursal to Ramsey County of a Local Law Enforcement
Block Grant in the amount of$160,200.
Adopted Yeas - 7 Nays - 0
17. Resolution - 97-301 - Approving the acceptance of a State of Minnesota Cleanup Grant and
approving the amendment of the redevelopment plan for the Neighborhood Project Area, creation
of a soils condition district and subdistrict and financing plan for the Hubbard Project.
Adopted Yeas - 7 Nays - 0
18. Resolution - 97-302 - Approving the amendment of the redevelopment plan for the Neighborhood
Redevelopment Project Area, creation of a redevelopment tax increment financing district and
adoption of a tax increment financing plan.
Adopted Yeas - 7 Nays - 0
19-21 (Discussed after the consent agenda)
22. Resolution - 97-306 - Authorizing the proper City officials to submit grant applications
to the Minnesota Department of Natural Resources.
Adopted Yeas - 7 Nays - 0
23. Resolution - 97-307 - Requesting an extension of time to complete work being done on
a building at 230 West George Street.
Adopted Yeas - 7 Nays - 0
24. Resolution - 97-308 - Directing the City of Saint Paul Department of Planning and Economic
Development and the Department of Public Works to create a Transportation Team to address
transportation issues on an immediate and ongoing basis.
Adopted Yeas - 7 Nays - 0
25. (Discussed after the consent agenda)
26. Resolution - 97-310 - Finalizing City Council action taken February 26, 1997, approving the
preliminary and final plat for Arlington Industrial Park allowing the property to be subdivided into
five new industrial sites for development.
Adopted Yeas - 7 Nays - 0
27. Resolution - 97-311 - Requesting the State Legislature exempt Saint Paul from Amendments to
Minnesota Statutes, sec. 205.07, subd 1, and allow the voters in Saint Paul to decide the term of
office for Saint Paul City Council.
Adopted Yeas - 7 Nays - 0
March 26, 1997, City Council Summary Minutes Page 4
20. Resolution - 97-304 - Accepting the winning proposal and awarding the bid for the $17,500,000
General Obligation Capital Improvement Bonds Series 1997A.
(See discussion under #21)
Councilmember Megard moved approval.
Adopted as amended Yeas - 7 Nays - 0
21. Resolution - 97-305 - Accepting the winning proposal and awarding the bid for the $2,450,000
General Obligation Street Improvement Special Assessment Bonds Series 1997B.
Shirley Davis, Treasury Division, reported that the City, on this date, took bids on $17.5 million
of capital improvement bonds and $2,450,000 of street improvement special assessment bonds.
The City received multiple competitive bids from across. The local group of Piper Jaffrey,
Norwest Investment Services, First Bank Systems, Miller and Schroeder and Associates - won the
bid on both series of bonds. The ratings that came in for the $17.5 million was a true interest cost
of 4.9% and for the $2,450,000 a true interest cost of 5.21%. These interest rates compared very
favorably in the market place today. Ms. Davis noted that the bond buyer index, the comparable
benchmark used across the nation on bond sales, was at 5.78% on this date so the City's bonds
came in well under that. Along with the bond sale on the general obligation bonds, the rating
agencies were in town and have confirmed ratings of AA+ from Standard and Poors and Fitches
Investors Service and a AA2 rating from Moody Investors Service. This is comparable to the AA
but Moody changed their ratings this year to an AA1, 2 & 3 with 1 being comparable to a AA+.
Councilmember Harris requested that Ms. Davis provide a copy of all the bids. Councilmember
Harris also requested that Ms. Davis provide information on what was budgeted for debt service
for this issue and what the anticipated payments are.
Councilmember Harris moved approval.
Adopted as amended Yeas - 7 Nays - 0
19. Resolution - 97-303 - Approving the issuance of$20,335,000 of Single Family Mortgage Revenue
Bonds to finance the third phase of Saint Paul's Middle Income Program.
Gary Peltier, Department of Planning and Economic Development, appeared and stated that they
can not do this program unless both the City Council and the Housing and Redevelopment
Authority approve the resolution. (Discussion took place at the HRA meeting; see March 26,
1997, HRA minutes)
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
March 26, 1997, City Council Summary Minutes Page 5
25. Resolution - 97-309 - Finalizing City Council action taken March 12, 1997, denying the license
application of Gregg Perkins, dba St. Paul Firearms, 634 Snelling Avenue North.
Councilmember Megard moved approval
Adopted Yeas - 5 Nays - 2 (Rettman, Thune)
The City Council meeting was recessed for consideration of the HRA Consent Agenda.
Roll Call Yeas - 7 Nays - 0
The HRA meeting was recessed and the City Council meeting was reconvened.
FOR DISCUSSION
28. Resolution - 97-294 - Amending the 1997 parking and transit fund budget to provide financing for
the Capital City Trolley. (Laid over from March 19)
Councilmember Blakey asked if the $50,000 the City is contributing to Capital City Trolley is a
one-time contribution. Steve Thompson, Department of Planning and Economic Development
responded that the $50,000 is for 1997. Councilmember Blakey asked who else is committing
money for the trolley. Mr. Thompson responded that presently Capital City Trolley has
commitments for approximately $25,000 in private funding that would be available if the City
Council acts. They have also developed a historical list of prospects and other organizations and
businesses they have solicited.
Councilmember Rettman asked if the $125,000 that was to be on a one-to-one match was raised.
Steve Thompson responded that the contract that was entered into with Capital City Trolley in
1995 had disbursement requirements related to private fundraising activities. However, he did not
administer the contract, but he thought all the terms of the contract were fully complied with.
Malcolm McDonald, Officer and Director of Capital City Trolley, said he has spoken with two
different donors who are interested in contributing once the City money is in place. Chairperson
Howard Guthman has submitted a report that shows that far more than $125,000 has been raised.
Councilmember Blakey said it was his understanding that Capital City Partnership was also going
to contribute some dollars. Mr. McDonald said it was his understanding that it is their own
membership that Capital City Trolley has turned to for support and their membership includes
people who gave the amount over the $125,000 that was referred to. He said it was also his
understanding that the discussions with them so far have been based on the City contributing its
portion of the money so there is a basis to go to the private sector for the remaining funds.
Councilmember Rettman said she has been told that Mr. Labosky had committed the dollars and
that he would work something out. She said she had conversations with some individuals who he
had made a commitment to and when he did not carry through with the commitment it becomes
the taxpayer who puts in the money. She noted that Mr. Guthman said this would be a public-
private partnership and the City would be out of it after the $125,000 in 1995 and 1996. The
organization that is supposed to be the CEO getting the money into it is separate from whoever is
March 26, 1997, City Council Summary Minutes Page 6
contracting out to run the trolley. She also questioned who was going to do the charitable
gambling.
Mia Saldaneri, Transit Services Inc., the management company, said her understanding is that
Capital City Partnership has not committed their dollars but they have committed to help Capital
City Trolley, Inc. raise the funds and present their case.
Motion by Councilmember Rettman moved that $50,000 will be provided by the City contingent
on receiving $50,000 from Capital City Partnership.
Councilmember Megard spoke against the amendment saying that the trolley needs to run and
money from the parking and transit fund is the proper place for it to come from. Transportation
alternatives are needed to the single occupancy vehicle, Megard said.
Council President Thune also spoke against the amendment concurring with Megard that the
trolley is vital to the City and was initiated by private parties as well as the City but it pre-dated
the Capital City Partnership. He said the City needs to move ahead, keep the trolley going and
keep building support for it. He further suggested that expansion of the trolley routes continue to
be explored and suggested there be a meeting of the Trolley Board and Management and anyone
else interested to talk about options for the future.
Councilmember Bostrom also spoke against the amendment saying that if the City asks Capital
City Partnership to go into their funds it will take $50,000 away from their operation.
Councilmember Harris spoke against the amendment. He made a motion to add a stipulation that
one neighborhood pilot be done in order to increase ridership. He asked Ms. Saldaneri what the
ridership is.
Ms. Saldaneri responded that in 1996 approximately 78,000 people rode the trolley which does
not include people who used it for charters or special trips for the Convention Bureau, City, etc.
The total budget for 1996 was $350,000.
Council President Thune asked how much it costs to add an extra route. Ms. Saldaneri said it
costs a minimum of$32.50 an hour to run one trolley. She noted that during the Christmas
holidays there was a route to Grand Avenue which was paid for by the Grand Avenue Business
Association. She said the intent was never that they would make money off of the quarter rides.
Charter authority has been in place since March which has helped the budget, Saldaneri said.
Councilmember Morton asked if they have applied for the gambling permit yet. Ms. Saldaneri
said they first have to find a liquor establishment in which to put the pulltabs and they are in the
process of finding a location. There are up-front costs involved which is part of the initial
$22,000 payment which provides the income to move forward. Ms. Saldaneri said it is not their
intent to continue to come back to the Council or the private sector and request money. In order
to do all of the other things that will make them a self sufficient operation, they must receive the
money so they can continue to operate.
March 26, 1997, City Council Summary Minutes Page 7
Councilmember Rettman asked how much Capital City Trolley is in the red at present. Ms.
Saldaneri responded that they owe about $70,000 to transit services. Capital City Trolley is
willing to take a risk and the only way they will get their money back is if they continue to
operate.
Councilmember Rettman asked Ms. Saldaneri what is required to give them the ability to bring in
the dollars and make the operation profitable. Ms. Saldaneri said she needs the $22,000 and they
need to continue to do the things they are currently doing and expand on them such as more
proactively market their charters. She is currently working on park and ride shuttle proposals.
Councilmember Rettman withdrew her amendment.
Council President Thune reiterated Councilmember Harris' motion to have Capital City Trolley
bring back a proposed pilot in six weeks.
Adopted as amended Yeas - 6 Nays - 1 (Rettman)
PUBLIC HEARINGS
49. Final Adoption - 97-177 - An ordinance amending Section 2.05 of the Saint Paul Charter in
accordance with Minn. Stat. § 410.12. (Substitute introduced and public hearing continued from
March 12) (Companion to Resolution 97-164, Item#31)
Councilmember Harris presented a substitute ordinance and moved to lay over one week. He said
there are two main changes; one provides more detail as to the process for selecting an interim
Councilmember, and the second change provides that the elected successor would take office at the
time of the certification of the election.
Substitute introduced and laid over to April 2 for final adoption and continuation of public hearing
Yeas - 7 Nays - 0
50. Third Reading - 97-222 - An ordinance adopting zoning ordinance amendments related to the
Thomas Dale Small Area Plan and 40 Acre Study. (Companion to Resolution 97-313, Item #37)
Nancy Homans, Department of Planning and Economic Development was present to answer
questions.
Berry Madore, Chair of District 7 Community Council, appeared. He stated that this has been a
long community process over three years. A lot of pieces of the program are already being
implemented as a blue print for how the community wants to develop in the future. He urged the
Council to take that information into consideration.
Steve Samuelson, District 7 Executive Board member, stated that he has been involved in the Dale
Street Shop/Maxson Steel site which is discussed in the Small Area Plan. The paper is on the edge
of becoming a reality and he asked the Council's support.
March 26, 1997, City Council Summary Minutes Page 8
Councilmember Harris moved to close the public hearing. Roll Call Yeas - 7 Nays - 0
Councilmember Blakey asked if there has been discussion on timelines. Ms. Homans responded
that there are no timelines in the plan; however, much of the work on implementation has already
begun. Work on the Dale Street/Maxon Steel site has already begun, the planning process on the
work of the Greater Frogtown Community Development Corporation is underway, some of the
small business work on Dale Street and University Avenue is underway, and they are about to be
under contract for the Enterprise Community funds that were granted for workforce development.
(Harris left)
Councilmember Blakey said he would like to see timelines put on so years from now it's not found
that some things were not done. Ms. Homans responded that the timeline issue could be an item
for discussion with the Northwest Team at PED.
Laid over to April 2 for final adoption
51. Resolution - 97-315 - Approving application for a Gas Station License by Erickson Oil Products,
Inc., dba Freedom Value Centers, 1215 North Dale Street. (ID #66443)
Councilmember Rettman moved a one week layover stating that the required notices from
Licensing to the neighborhood were not mailed out.
Laid over to April 2 Yeas - 6 Nays - 0 (Harris not present for vote)
(Harris returned)
52. Resolution - 97-266 - Ordering the owner to remove or repair the building at 498 Virginia Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
amending the order to 90 days for repair or removal on the condition that the vacant building
registration fee is paid and the shed on the property is removed.) (Laid over from March 12)
Gerry Strathman, Legislative Hearing Officer, reported that the vacant building fee has not been
paid and the shed remains on the property. He recommended that the Council approve the order
to remove or repair within 15 days.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted (remove or repair within 15 days) Yeas - 7 Nays 0
53. Resolution - 97-316 - Ordering the owner to remove or repair the building at 777-779 Aurora
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends the owner be granted 180 days to complete the repairs of the building on the
condition that the bond is posted and the vacant building registration fee is paid by March 26)
Gerry Strathman, Legislative Hearing Officer, reported the bond has been posted and the vacant
building registration fee has been paid. He recommended granting 180 days to repair the building.
March 26, 1997, City Council Summary Minutes Page 9
Larry Zielke, attorney representing the mortgagee, appeared and spoke in support of the
recommendation of the Legislative Hearing Officer. He said the loan is current which shows
intent of the fee owner to try to save the property.
Councilmember Blakey moved approval.
Adopted (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays- 0
(Thune left; Rettman assumed the chair)
54. Resolution - 97-317 - Ordering the owner to remove or repair the building at 1134 Edgerton Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the
owner be granted 180 days to complete the repairs)
Gerry Strathman, Legislative Hearing Officer, reported that the properties involved in Items #54
and #55 and recently became the property of HUD through foreclosure procedures. Public Health
staff reported that they consider the buildings to be marketable and salvageable and that HUD is
aggressively marketing them. Mr. Strathman's recommendation would allow time for HUD to
complete the sales and for the properties to be rehabilitated. Public Health initiated the action
because they wanted to see something happen with these buildings and they are confident there
will be progress within the next six months, he said. Mr. Strathman also confirmed that there is
no guarantee the buildings will be sold or brought up to code within 180 days but this allows for
that possibility.
Councilmember Bostrom said he did not entirely agree with the assessment of the property and he
spoke in favor of 15 days to remove or repair the buildings.
Councilmember Rettman said there has been an illegal unit in the basement at the Edgerton address
and there have been incidents in the past where HUD has not made people aware of illegal units.
She spoke against granting an extension of time. She noted that HUD has had the property since
approximately January 27, 1997, and there has been no attempt to follow the City's procedures.
Councilmember Bostrom moved approval.
Adopted (remove or repair within 15 days) Yeas - 6 Nays - 0 (Thune not present for vote)
55. Resolution - 97-318 - Ordering the owner to remove or repair the building at 903 Fourth Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends the owner be granted 180 days to complete the repairs)
(See notes on Item#54)
No one appeared in opposition.
Councilmember Morton moved approval to allow 180 days to make the repairs.
March 26, 1997, City Council Summary Minutes Page 10
Councilmember Rettman offered a friendly amendment, which was accepted by Councilmember
Morton, that in accordance with the laws, in order to be given the 180 days, the bonds would have
to be posted as well as fulfill all the terms of Chapter 45 within two weeks of passage of this
resolution, otherwise it reverts back to the 15 days.
Adopted (per recommendation of the Legislative Hearing Officer plus an additional amendment)
Yeas - 6 Nays - 0 (Thune not present for vote)
(Thune returned)
56. Resolution - 97-319 - Approving the decision of the Legislative Hearing Officer for Property Code
Enforcement Appeals for property located at 1201 Edgerton Street, 1381 North Cleveland Avenue,
562 North Lexington Parkway, 1080 Earl Street, 269 Goodhue Street (upper), and 601 Topping
Street.
No one appeared in opposition; Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
57. Appeal of Audrey Joleen Petschen to a Summary Abatement Order for property located at 1274
Sherburne Avenue. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Harris moved approval.
Appeal denied Yeas - 7 Nays - 0
58. Final Order - 97-320 - In the matter of construction and/or reconstruction of sidewalks at 906 Juno
Avenue, 2135 Bayard Avenue, 2117 Highland Parkway, 2173 Scheffer Avenue, 2180 Knapp
Street, 2315 and 2394 Valentine Avenue, and 2082 and 2084 East Fourth Street.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
59. Public hearing to consider the appeal of Don and Corinne Scherbert to a decision of the Board of
Zoning Appeals granting a side yard setback variance in order to construct an attached garage at
2412 Carter Avenue.
John Hardwick, License, Inspections and Environmental Protection, provided a staff report
saying this matter came before the Board of Zoning Appeals on January 27, 1997. The
property owners are requesting a minor variance in order to construct an attached garage to
their house. After reviewing the staff report and taking testimony from the applicant and
from a representative of the appellants, the Board granted the variance on a 5-2 vote.
District 12 had requested that the Board lay the matter over; however, after listening to
testimony from the opposition and the applicants, it was decided there was no appropriate
justification to lay the matter over.
The attorney for the Scherberts appeared and stated they have two concerns: the Board of
Zoning Appeals disregarded the fact that they knew there was neighborhood opposition and
it appears they were placing themselves in the place of the local government whom he felt
March 26, 1997, City Council Summary Minutes Page 11
is better fit to make a determination of what does and does not fit in the neighborhood and
what best represents the neighbors interests for a particular property. The Board was
notified that District 12 did want to hear this matter and because of a scheduling conflict,
District 12 did not have an opportunity to hear it. He felt that was a vital issue that should
justify overturning the variance. He said the Bentleys have demonstrated that conforming
to the ordinance may impose a hardship on them. He felt their design goals could have
been accommodated by re-drawing their plans. They would have had time to do that
before construction, therefore, he did not feel a time delay is a valid objection. The
Scherberts had concerns based on some past conducts of the Bentleys where, on different
occasions, they have tried to interfere with their use of the alley. They are concerned that
with a one foot setback, if the Bentleys do any kind of improvements on the other side of
their addition it may start to interfere with their necessary use of the alley because it is
their only access into their garage. Due to procedural, as well as the substantive grounds,
the attorney felt that an overturn of the variance is justified.
Corrine Scherbert appeared and stated she has a 250 ft. lot and the Bentleys have a 100 ft.
lot and she feels they need the alley to go all the way back to have access to it.
Councilmember Megard questioned if it was correct that the garage would not come any
closer than an existing cyclone fence on the Bentley's property. The response was in the
affirmative.
George Hennessey appeared and said he is working with the Bentley's on the garage design
and working through the City process. He said the alley does not come into play as they
are not asking for any part of the alley or use of the alley; it would still be fully available
for the Scherbert's use. An unattached garage could be one foot back from the line and
they are asking for an attached garage to be at that same distance. They would like to
move over to the one foot setback to construct a double garage.
Councilmember Megard asked for clarification that the placement of the existing fence and
the new garage will not go beyond the current area and it appears the configuration will
remain much the same. Mr. Hennessey responded that the house will not move any closer
to the street and everything is within the City's requirements.
Councilmember Megard moved to deny the appeal stating that the findings of the Board of
Zoning Appeals are reasonable.
Motion of Intent - Appeal Denied Yeas - 7 Nays - 0
March 26, 1997, City Council Summary Minutes Page 12
29. Resolution - 97-257 - Proposed 1997 funding recommendations and allocations for Civic
Organizations Partnership Program (COPP) Juvenile Crime Prevention. (Laid over from March
12)
Gerry Strathman, City Council Research, explained that the City Council budgeted $400,000 for
1997 for juvenile crime control programs and instructed staff to follow the established COPP
process for soliciting, evaluating and recommending crime control programs to the City Council
for 1997. That process was followed, notification was provided throughout the community, and
about 53 proposals for contracts were received requesting a total of approximately $1.5 million.
The funds available for this program are the $400,000 that was budgeted minus $50,000 that has
been allocated by the Council for a gun control program. Staff worked with an available
allocation of$350,000. Mr. Strathman outlined the procedure that was followed in evaluating
each proposal. In addition, the Youth Service Bureau has withdrawn it's request for $29,000.
Judy Barr, Parks and Recreation, spoke on behalf of a proposal that has been recommended for
funding. She said the level of funding that has been recommended will allow them to do a lot of
programming at Como Zoo, the Conservatory and Crosby Nature Center.
Ronald Threatt, Thomas-Dale Block Club appeared and talked about the extensive work the Block
Club is doing. They requested $20,000 and the recommendation from City staff was that they not
receive any money. He appealed to the City Council, on behalf of the Thomas-Dale Block Club to
reconsider their request.
Andy Ubel, volunteer board member for ACTS of Saint Paul, appeared and stated their
organization was recommended to receive $10,000 for the Hmong Summer Program and he
requested the Council's support for the program. The program will serve approximately 300
juveniles from the Mound area and the McDonough Housing community.
Councilmember Harris moved to close the public hearing. Roll Call Yeas - 7 Nays - 0.
Councilmember Harris moved approval of the recommendations.
Councilmember Bostrom said he was not satisfied with how the funding allocations worked out.
At the previous week's Council meeting there was a presentation by Ramsey County Human
Services which showed Wards 6 and 7 are running approximately second and third in poverty rates
in the City of Saint Paul. He pointed out that the $11,000 identified for Ward 7 amounts to
approximately 3% of the total. Under this proposal, Ward 6 would get $7,000, approximately 2%
of the total allocated dollars; Ward 3 would receive about 1.5%; Ward 1, 30%; Ward 2, 20%;
Ward 4, 11%; and Ward 5, 4.3%. Twenty percent goes city-wide and if the 20% were divided
between the seven wards, it would be an additional 3% for each ward. Bostrom said he feels this
is an unfair distribution of the funds.
Councilmember Blakey noted that Ward 1 had the most requests for COPP dollars but was
recommended to receive the least amount. He said he would like to see $10,000 of the $29,000
March 26, 1997, City Council Summary Minutes Page 13
that will not be going to the Youth Service Bureau go to "Save Our City Kids" and $10,000 to the
Thomas-Dale Block Club.
c ouncilmember Rettman asked where the $50,000 will come from for the gun control position if the
$29,000 is reallocated because that was to come from COPP also.
Councilmember Harris moved approval of the staff recommendation minus the $29,000 which
could be back before the Council when the gun violence initiative is reviewed.
Councilmember Bostrom moved to amend Councilmember Harris motion to take $11,682 from the
$29,000 and apply it to the Boys and Girls Club to fully fund their request and also fully fund the
Duluth-Case Recreation Center.
Councilmember Megard said she has concerns about going back to the programs and making
changes. She said she would like to see the Council approve what was before them, set aside the
$29,000 for now and have staff look at the proposals again and return with a recommendation.
Discussion ensued on Councilmember Bostrom's motion and a vote was taken.
Failed Yeas - 2 Nays - 5 (Blakey, Harris, Megard, Rettman, Thune)
Vote on motion to approve the total amount and set aside the $29,000 to reallocate.
Adopted Yeas - 7 Nays - 0
(Attachment listing funding recommendations was amended)
30. Resolution - 97-295 - Authorizing and directing the City Attorney and appropriate City staff to
prepare amendments to the statutory authority of the Civic Center Authority to enable the
construction and operation of a soccer stadium in downtown Saint Paul. (Laid over from March
19)
Council President Thune explained that this resolution requests City staff to prepare some
documents; it does not give authorization to go to the Legislature.
Councilmember Harris said he feels the Civic Center Authority should discuss this issue at one of
their board meetings.
Dick Knowlan, President of the Saint Paul Downtown Soccer Stadium group, appeared. He said
the group brought this proposal forward to the City Council because they have talked to the
Legislature and they expressed interest. He said they were content to wait until the appropriate
time.
Council President Thune suggested he withdraw the resolution and that it can be re-introduced
when comments are received from the Civic Center Authority.
Withdrawn
March 26, 1997, City Council Summary Minutes Page 14
31. Resolution - 97-164 - Requesting the Charter Commission's recommendation regarding City
Council elections in the case of all vacancies in the position of Councilmember.
(Laid over from March 12) (Companion to Ordinance 97-177, Item #49)
Councilmember Harris moved to lay over one week
Laid over to April 2 Yeas - 7 Nays - 0
32. Resolution - 97-69 - Authorizing financing in the amount of$2,340,000.00 for the purchase of
Civic Center Equipment. (Laid over from March 19)
Councilmember Bostrom moved approval.
Councilmember Megard asked where the money will come from for this. (Unidentified speaker)
responded that this is a lease-purchase agreement. The money would be borrowed from a private
capital lender such as GE Acceptance Corporation. They purchase the equipment on the City's
behalf and the City pays them back through the lease-purchase agreement.
Adopted Yeas - 6 Nays - 1 (Rettman)
33. Resolution - 97-187 - Authorizing an amendment to the Pledge Agreement for the Parking and
Transit Fund. (Laid over from March 19)
Councilmember Harris moved to lay over to April 9.
Laid over to April 9 Yeas - 7 Nays - 0
34. Resolution - 97-247 - Amending the Pledge Agreement related to the expansion of the Seventh and
Wabasha Streets Parking Ramp. (Laid over from March 19)
Councilmember Harris moved to lay over to April 9.
Laid over to April 9 Yeas - 7 Nays - 0
35. Presentation by the Administration on an evaluation work plan for the Saint Paul Fire Chief.
(Laid over from March 19)
Councilmember Harris moved to lay over one week to allow additional time for Councilmembers
to review the work plan.
Tim Marx, Deputy Mayor, appeared and asked Councilmembers to send any questions or
comments to him for a response .
Laid over to April 2 Yeas - 7 Nays - 0
36. Resolution - 97-312 - Requesting the release of$400,000 Technology Initiatives funding from
contingency.
Councilmember Blakey moved approval.
March 26, 1997, City Council Summary Minutes Page 15
Councilmember Rettman requested that only $200,000 be released at this time and that the balance
be kept in contingency. She said her concern is that the Council is giving up all its legislative
prerogatives to the administration and there would be no way to get it back except in a tangential
resolution. The budget resolution keeps it under the auspices of the Council and if the Council
controls the money, it can then control the outcome more effectively.
Martha Larson, Finance Department, responded that this does not release the other half of the
operating budget for the Information Services organization. The resolution only frees up the
money for them to go forward with some major projects: enhancing the City's internal network
including access to the City's corporate information; providing technical staff training; and starting
with the helpdesk strategy. Ms. Larson offered to provide the Council with a timeline and action
plan for the balance of the year under which they would disburse the money. If the balance were
kept in contingency, she asked what the Council would need from them to feel comfortable in
releasing it.
Councilmember Rettman stated that since this is going to be an important technological system,
detailed information should be available. She said there is cashflow out but the Council is not
getting the input to give quality control.
Council President Thune requested that Ms. Larson provide more updates as to exactly what is
happening. Councilmember Rettman added that Administration must provide a full rendering.
Adopted Yeas - 6 Nays - 1 (Rettman)
37. Resolution - 97-313 - Adopting the Thomas Dale Small Area Plan as an amendment to the
Comprehensive Plan. (Companion to Ordinance 97-222, Item #50)
Councilmember Blakey moved to lay over one week.
Laid over to April 2 Yeas - 6 Nays - 0 (Harris not present for vote)
ORDINANCES
38. Second Reading - 97-279 - An ordinance amending Chapter 11 of the Saint Paul Legislative Code
to improve upon the language and to more accurately reflect the current animal control
environment in the City and allow service animals assisting individuals with disabilities on the
grounds in City markets.
Laid over to April 2 for third reading/public hearing
39. Second Reading - 97-280 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code
to bring the chapter up-to-date and reflect the current situation requiring permits to be obtained
from the Office of License, Inspections and Environmental Protection.
Laid over to April 2 for third reading/public hearing
March 26, 1997, City Council Summary Minutes Page 16
40. Second Reading - 97-281 - An ordinance amending Chapter 140 of the Saint Paul Legislative Code
to improve upon the language and to more accurately reflect the current animal control
environment in the city and allow service animals assisting individuals with disabilities into the
skyway system.
Laid over to April 2 for third reading/public hearing
41. Second Reading - 97-282 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code
to allow horses from the Saint Paul police horse patrol into City parks, parkways or recreation
areas without permission of the director.
Laid over to April 2 for third reading/public hearing
42. Second Reading - 97-283 - An ordinance amending Chapter 196 of the Saint Paul Legislative Code
to bring the chapter up-to-date, improve upon the language and to more accurately reflect the
current animal control environment in the City.
Laid over to April 2 for third reading/public hearing
43. Second Reading - 97-284 - An ordinance repealing Chapter 197 of the Saint Paul Legislative Code.
Laid over to April 2 for third reading/public hearing
44. Second Reading - 97-285 - An ordinance amending Chapter 198 of the Saint Paul Legislative Code
to bring the chapter up-to-date, improve upon the language and to more accurately reflect the
current animal control environment in the City.
Laid over to April 2 for third reading/public hearing
45. Second Reading - 97-286 - An ordinance amending Chapter 199 of the Saint Paul Legislative Code
to bring the chapter up-to-date, require that ferrets be vaccinated against rabies, improve upon the
language and to more accurately reflect the current animal control environment in the City.
Laid over to April 2 for third reading/public hearing
46. Second Reading - 97-287 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code
to bring the chapter up-to-date, improve upon the language and to more accurately reflect the
current animal control environment in the City. Creates section 200.17 Collars, leashes. tie outs.
(Amended March 19)
Laid over to April 2 for third reading/public hearing
47. Second Reading - 97-288 - An ordinance amending Chapter 347 of the Saint Paul Legislative Code
to bring the chapter up-to-date, require Saint Paul pet-shop owners to provide customers
purchasing an animal requiring a permit the necessary documentation for obtaining a permit and to
more accurately reflect the current animal control environment in the City.
Laid over to April 2 for third reading/public hearing
48. First Reading - 97-314 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code to
permit administrative payment of fines for first and second violations for sale of cigarettes to
minors.
Laid over to April 2 for second reading
March 26, 1997, City Council Summary Minutes Page 17
58. Final Order - 97-320 - In the matter of construction and/or reconstruction of sidewalks at 906 Juno
Avenue, 2135 Bayard Avenue, 2117 Highland Parkway, 2173 Scheffer Avenue, 2180 Knapp
Street, 2315 and 2394 Valentine Avenue, and 2082 and 2084 East Fourth Street.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
Suspension Items
Councilmember Megard moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-321 - Authorizing various fire training exercises at the property commonly known
as 1985 Lincoln.
Adopted Yeas - 7 Nays - 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 97-322 - Supporting the efforts of the "Gateway Project" group, supporting House
File 1672 and requesting that it be fully funded.
Adopted Yeas - 7 Nays - 0
Councilmember Rettman moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-323 - Authorizing payment, not to exceed $5,000.00, for legal counsel for Dino
Guerin.
Adopted Yeas - 6 Nays - 1 (Megard)
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 97-324 - Approving payment of$80,000.00 to Julie Donnelly and Hvass, Weisman &
King, her attorneys, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
The meeting was recessed at 6:17 p.m. for the HRA meeting at which time Item #19 on the City Council
agenda was discussed.
March 26, 1997, City Council Summary Minutes Page 18
AD • lio AT 8.10 P.M.
t.vid Th e,Varcil President
ATTEST:
Minutes approved by Council
Nancy Ander n 1 \1 1'�
Assistant C cil Secretary
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