Approved Minutes 4-22-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, April 22, 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 3:37 by Council President Bostrom.
Present - 4 - Blakey, Bostrom, Lantry, Reiter
Absent - 3 - Benanav, Coleman, Harris (arrived shortly after roll call)
MISCELLANEOUS
54. Recognition of Retiring City Employee Roger Ryan, Department of Planning and Economic
Development.
Roger Ryan was recognized by the City Council for 36 years of service as a City employee.
CONSENT AGENDA (Items 1 - 13)
FOR ACTION
Councilmember Harris moved approval of the Consent Agenda. Yeas - 7 Nays - 0
1. Claim of Anthony Mattson.
Referred to Employee/Risk Management Division
2. Amended Summons and Complaint in the matter of The Schnitzer Site Group vs. the City of Saint
Paul, et al.
Referred to the City Attorney's Office
3. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring
370 Atwater Street, 1171 Minnehaha Avenue West, 918 Park Street, and 503 St. Albans Street
North as "nuisance properties." (For notification purposes only; public hearings will be scheduled
at a later date if necessary.)
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 6, 1998 to consider the application of Richard Eitel to rezone
property from R-2 (single-family residential) to B-3 (general business) for the purpose of
constructing and operating an auto repair facility at the southwest corner of Larpenteur Avenue
and I-35E frontage road (west side of freeway).
April 22, 1998 City Council Summary Minutes Page 2
5. Administrative Orders:
D001526 Amending the 1997 budget in the Office of License, Inspections and Environmental
Protection to balance the Special Fund Budget.
D001527 Authorizing the Department of Libraries to expend monies, not to exceed $6,000.00,
provided by The Friends of the Library for volunteer recognition events.
D001528 Authorizing expenditures, not to exceed $7,000.00, by the Division of Parks and
Recreation for the Honored Volunteer Dinner on April 28, 1998.
D001529 Amending the 1997 budget in the Department of Public Health to clear deficit
accounts.
Noted as on file in the City Clerk's Office
6. Resolution - 98-300 - Approving the appointment of Richard Kramer, by Mayor Coleman, to the
Board of Zoning Appeals
Adopted Yeas - 7 Nays - 0
7. Resolution - 98-301 - Approving the reappointments of Gerald Beedle, Clayton Larson, and Diane
O'Donnell, by Mayor Coleman, to the Truth-In-Sale of Housing Board of Evaluators.
Adopted Yeas - 7 Nays - 0
8. Resolution - 98-302 - Declaring May 18, 1998 as Jeffrey Mark Erickson Day in recognition of
earning the Eagle Scout Award.
Adopted Yeas - 7 Nays - 0
9. Resolution - 98-303 - Declaring the Polish American Club the official home of Saint Paul's
Majowka Days celebration and adopting its 28th Annual Majowka Days button as the official
button.
Adopted Yeas - 7 Nays - 0
10. Resolution - 98-304 - Establishing the rate of pay for a new classification entitled Engineering
Technician Supervisor-Water Utility.
Adopted Yeas - 7 Nays - 0
11. Resolution - 98-305 - Authorizing a Mutual Aid Agreement between the City of Saint Paul and the
State of Minnesota Department of Public Safety.
Adopted Yeas - 7 Nays - 0
12. Resolution - 98-306 - Authorizing the inter-governmental transfer of Sergeant Karsten Winger to
the Ramsey County Attorney's Office to work with police gang units.
Adopted Yeas - 7 Nays - 0
13. Resolution - 98-307 - Approving the Joint Powers Agreement between the Metropolitan Council
and the City of Saint Paul for installation, replacement and maintenance of bus stop signage.
Adopted Yeas - 7 Nays - 0
April 22, 1998 City Council Summary Minutes Page 3
14. Resolution- 98-214 - Approving new minimum qualifications for the Engineering Aide I and II
classifications. (Adopted on April 1, 1998, reconsidered and laid over from April 8)
Councilmember Benanav moved to lay over two weeks.
Laid over to May 6 Yeas- 7 Nays - 0
15. Report by Pam Wheelock, Department of Planning and Economic Development, on recommendations
and criteria for applying the Vendor Outreach program to the Department's economic development
programs, and the results of the initial application. (Per C.F. 97-1037 adopted August 27, 1997)
(Laid over from March 25)
A report was presented by Pam Wheelock at the Housing and Redevelopment Authority meeting on
April 22.
16. Update by the Mayor's Administration on current plans to address payroll issues identified by the
Mayor and City Council. (Per C.F. 98-265 adopted April 8, 1998)
Peter Hames, Department of Technology and Management, provided a history and status report on
the payroll project. On two occasions the City Council approved budgets that would move the City
off of obsolete computer equipment running on an obsolete operating program and an obsolete
payroll system. The intent was to see what kind of opportunities might exist for the creation of an
up-to-date payroll system and a two phase project was entered into. Also, there was the year 2000
problem to consider. When the year 2000 arrives, because of the defect in the way that the computer
programs were written, the computer systems won't know if it's the year 2000 or 1900 and it could
be a major problem for computer systems everywhere.
The project approved by the Council was a two-phase project. The first phase was to be an
assessment and design phase at a cost of$1.7 million. That phase ended in December 1997. Last
summer, and during the budget process, the Council was asked to approve the implementation of
phase two of the project which would have taken the design of the new payroll system and
implemented it for $4.7 million.
At the end of December, 1997, the Administration felt it was prudent to take a final look at the
project in order to insure that was the way the City wanted to go with this program as the cost had
grown for the implementation phase. One of the key things that was known from the beginning is
that when a software package is purchased off-the-shelf, it will not fit individual circumstances and
modifications need to be made to the program. Council gave direction to keep the amount of the
modifications to the least amount possible; however, it still turned out to be very expensive to make
the necessary changes and it was anticipated that the consultant would be paid approximately $3.6
million to make the modifications to the system.
Staff was looking at having a single system that would replace the various systems that are running
not only in Human Resources, Accounting, and Risk Management for benefits but also the systems in
other departments that are feeding into the existing payroll system. It turned out that the proposal
that was made for implementation in Phase II would not become a single system and would not be a
truly integrated system. Staff looked at the investment of another $4.7 million and questioned if they
would get the kind of system they had expected. The answer was that they did not believe they were
April 22, 1998 City Council Summary Minutes Page 4
getting that. In addition, there would be an annual maintenance cost of$89,000. For that fee, the
City would be entitled to upgrades when they were issued by the software producer. However,
whenever there would be an upgrade, staff would have to modify the upgraded version to reflect the
initial modifications that would have been made with the implementation. There would be some
possibility that some of the City's changes might be reflected in a new software version but if they
were not, the City would be faced with the need to modify the new version to reflect the practices
that were programmed into the system. Based on this, the payroll program was terminated.
Discussions were held with another vendor about the decision that was made and about the way staff
looked at the project. This vendor agreed that the set of issues the City was facing with PeopleSoft
would be the same set of issues with any other off-the-shelf software program. Modifications would
have to be made to the program, annual payments for maintenance would have to be made, and the
program would have to be modified.
The solution that is now being followed is to move the current payroll system off the prime computer
and transfer it to a new Dell computer without making major enhancements or re-engineering to that
program but rather to do so as cost efficiently as possible. In making the transition from one machine
to another machine, the year 2000 problems will be corrected by virtue of changing to a different
operating system.
Mr. Hames presented a budget for this project and reviewed the line items. He summarized the
solution presented by saying it is responsive to the needs to get off of an obsolete computer and a
computer that has the year 2000 problem. It is felt the budget is a reasonable one and is consistent
with earlier estimates that were given to the Council about the conversion of the current system as
opposed to the purchase of a new one. The schedule, Mr. Hames said, is a cautious one; it will take
hard work but is one staff feels can be achieved.
Extensive discussion ensued on the cost that was encountered for this project before it was terminated
and whether there is a way to recover some of the costs from Andersen Consulting.
John Hamilton, Office of Human Resources, also appeared and answered questions of
Councilmembers.
(Harris left)
Councilmember Benanav made a motion requesting that the Mayor's Administration bring back a
work plan on the payroll system to the City Council meeting on May 6, 1998.
Yeas - 6 Nays - 0 (Harris not present for vote)
April 22, 1998 City Council Summary Minutes Page 5
17. Resolution- 98-267 -Moving 1998 contingency money budgeted in the Property Code Enforcement
Activity into proper budget codes so implementation of the program to enforce health and safety
codes in non-owner-occupied 1 and 2 family dwelling units can proceed. (Laid over from April 15)
(Harris returned)
Chuck Votel, Property Code Enforcement Division, appeared and stated this resolution pertains to
the proposed budget to adopt and implement the corresponding ordinance. There are amendments to
the ordinance to raise the enforement from 15 days to 30 days, to require a disclosure plan from the
owner on properties, and to add appeal language for clarification on registration of a building.
This resolution is the proposed budget spending plan for the $90,000 the Council put in contingency
in order to implement the ordinance.
Councilmember Harris moved a one week layover.
Council President Bostrom asked if there was a need for the expenditure at this time if the ordinance
is not in place to enforce it. Mr. Votel responded that the ordinance has been adopted but there are
now three amendments to the ordinance. The resolution would support enforcement of the new
ordinance.
Councilmember Harris noted that during the 1998 budget discussions, this money was set aside for
two additional housing inspectors in the Fire Department. Mr. Votel responded that when they
looked further at the $90,000 that was placed in contingency, there was discussion that the money
would purchase the services of two additional inspectors; however, in reviewing with staff how the
ordinance would be implemented the first year, it was decided that it would be better not to just hire
two inspectors but to hire one full-time environmental health inspector supervisor who would
supervise and help set up the program and a half-time clerk-typist III. The remaining money would
be spent on hard costs such as desks, chairs, computer, disclosure forms, etc.
Mr. Votel said it is estimated that the first year there would be about 100 properties subject to this
ordinance which would raise about $20,000.
Councilmember Harris asked if the supervisor will be inspecting houses. Mr. Votel explained that the
intention is to have one of the senior inspectors, who is currently working on problem properties, set
up the program. This inspector's salary would be shifted to this program and the vacant position in
Code Compliance Enforcement Unit would be filled with another full-time inspector.
Councilmember Bostrom clarified that the Council put money in the budget for two additional
housing inspectors. Then, the ordinance was adopted with regard to the inspections of problem
property but no funds were put in place for setting up the program.
Council agreed to lay over this matter for further clarification of the issues raised.
Laid over to April 29 Yeas - 7 Nays - 0
April 22, 1998 City Council Summary Minutes Page 6
ORDINANCES
18. First Reading - 98-308 - An ordinance amending Chapter 317 of the Saint Paul Legislative Code to
create a temporary amusement ride license.
Laid over to April 29 for second reading
19. First Reading- 98-309 -An ordinance repealing Chapter 349 of the Saint Paul Legislative Code
pertaining to licensure of rental clothing.
Laid over to April 29 for second reading
20. First Reading - 98-310 - An ordinance repealing Chapter 379 of the Saint Paul Legislative Code
pertaining to licensure of locksmiths.
Laid over to April 29 for second reading
21. First Reading- 98-311 - An ordinance amending Chapter 417 of the Saint Paul Legislative Code
regarding parking lots; clarifying the distinction between a parking lot and parking garage, removing
the advisory committee requirement, and specifying the minimum standards for structural condition
surveys.
Laid over to April 29 for second reading
Suspension Items
Councilmember Reiter moved for suspension of the rules and approval of the following resolution:
Resolution- 98-336 - Approving a preliminary and final plat for Cohansey Park Town Homes.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved for suspension of the rules and approval of the following resolution:
Resolution- 98-337 - Calling for a Green Summit between the Cities of Saint Paul and Minneapolis.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
Resolution- 98-338 - Appointing the Ramsey Country Attorney's Office as special counsel
representing the City of Saint Paul in the matter of the proceedings involving the discipline of a Saint
Paul police officer.
Adopted Yeas - 7 Nays - 0
The meeting was recessed at 5:23 p.m. and resumed at 5:35 p.m.
Present - 5 Absent - 2 (Benanav, Coleman) arrived after roll call
April 22, 1998 City Council Summary Minutes Page 7
PUBLIC HEARINGS
22. Third Reading - 98-234 - An ordinance granting a renewal franchise for cable service to Continental
Cablevision of Saint Paul, Inc. (Laid over from April 15 for continuation of third reading/public
hearing)
Gerry Strathman, Council Research Director, presented an amendment to the ordinance.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas- 7 Nays - 0
Councilmember Lantry moved approval of the amendment
Amended and laid over to April 29 for final adoption Yeas- 7 Nays - 0
23. Third Reading- 98-277 - An ordinance amending Chapter 430 of the Saint Paul Legislative Code
pertaining to Cable Communications Service.
Gerry Strathman, Council Research Director, presented an amendment to the ordinance.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas - 7 Nays - 0
Councilmember Lantry moved approval of the amendment
Amended and laid over to April 29 for final adoption Yeas- 7 Nays - 0
24. Resolution- 98-295 -Requesting transfer of control of the cable television franchise from US West,
Inc. to US West, Inc. (To be renamed MediaOne Group, Inc.) (Laid over from April 15 for
continuation of public hearing)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
25. Resolution- 98-312 - Approving application for an Auto Repair Garage License by Budget Towing,
Inc of St. Paul, 705 7th Street East. (ID #19970000050)
No one appeared in opposition; Councilmember Lanry moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
26. Resolution - 98-313 - Approving application for a Second Hand Dealer- Motor Vehicle(1 a`)License
by William Schwartz, dba Downtown Auto Sales, Inc., 359 Robert Street South. (ID
#19980000435)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas- 7 Nays- 0
April 22, 1998 City Council Summary Minutes Page 8
27. Resolution- 98-314 - Approving application for Malt Off Sale, Grocery(C), and Cigarette/Tobacco
Licenses by VCK Oriental Market Inc, 1377 Arcade Street. (ID # 19970000226)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas- 7 Nays- 0
28. Resolution- 98-315 - Approving application for Restaurant (B), Liquor-Outdoor Change in Service
Area(Patio), Liquor On Sale - Sunday, Liquor On Sale(B), Gambling Location(Class A), and
Cigarette/Tobacco Licenses by KLA Inc., dba Awada's On Plato, 199 Plato Boulevard East. (ID
#19980000408)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
29. Resolution- 98-316 - Approving application for a Malt Off Sale License by Foodsmart LLC, 544
University Avenue West. (ID #0035509)
Barbara Crum, 568 Aurora Avenue, appeared and expressed concern about granting this license as
there are presently two liquor stores in a two block radius and the neighbors are opposed to having
another establishment selling liquor and encountering more problems in the neighborhood.
Toua Xong, one of the owners of Foodsmart, appeared and said that many people have requested that
they sell malt liquor and they feel their store is of ample size to accommodate the sale.
It was confirmed that the district council did not hold a hearing on this license application and
Councilmember Blakey moved to lay over two weeks in order to allow the district council to discuss
the request.
Laid over to May 6 Yeas- 7 Nays- 0
30. Resolution- 98-317 - Concerning the Auto Repair Garage License held by Mary P. Fasching, dba
M.F. Automotive, 1728 Selby Avenue.
Councilmember Benanav moved to lay over five weeks.
Laid over to May 27 Yeas - 7 Nays - 0
31. Resolution- 98-318 - Approving the Taxicab Driver's License Renewal Application submitted by
Kevin R. Peterson with one condition.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection(LIEP), provided a staff report. She noted that Mr. Peterson has a
conviction on record for domestic assault; however, the assault did not take place in a cab and the
recommendation of LIEP was that the license be granted with a requirement that he not have any
further violations. Mr. Peterson has taken corrective action for this offense and Ms. Palmer said
it is felt that there is sufficient guarantees that issuing the license would not be a threat to public
safety.
April 22, 1998 City Council Summary Minutes Page 9
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
32. Resolution- 98-319 - Concerning adverse action against licenses held by A.C.A. Management
Services, dba Amoco Food Shop, 1347 University Avenue West. (Uncontested)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas- 7 Nays- 0
33. Resolution- 98-320 - Concerning adverse action against the cigarette license held by Grand Wheeler
Sinclair II, 1345 Grand Avenue. (Uncontested)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas- 7 Nays- 0
34. Resolution- 98-321 - Concerning adverse action against licenses held by Little Grocery, 1724
University Avenue West. (Uncontested)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas- 7 Nays- 0
This item was reconsidered later in the meeting.
Councilmember Benanav moved to withdraw the resolution.
Withdrawn Yeas - 7 Nays - 0
35. Resolution- 98-322 - Concerning adverse action against liquor license held by Novak's On Randolph,
919 Randolph Avenue. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection(LIEP) provided a staff report. The adverse action involved a violation for
after-hours sale, display and consumption of alcohol on October 19, 1997. The recommended penalty
for a first time offense is a one-day suspension but she said the City Council has the discretion to
impose a fine. LIEP recommended that a fine of$500 be imposed based on the seating capacity of
the establishment.
Appearing on behalf of the owners was attorney Gerald Rummel who explained what transpired the
evening that the violation took place. He stated that in court the judge reduced the violation to a
petty misdemeanor. He requested that the Council take into consideration deviation from the penalty
standards.
After a brief discussion, Councilmember Coleman moved to close the public hearing and approval as
recommended by the Office of LIEP.
Adopted Yeas - 7 Nays - 0
April 22, 1998 City Council Summary Minutes Page 10
36. Resolution - 98-323 - Approving application for a Currency Exchange License by Team Management,
Inc., dba Capital City Check Cashing, 477 Rice Street.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
37. Resolution- 98-324 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 860 Vandalia Street, 1511 Rose Avenue East, 594-6 Reaney
Avenue, 620 Bates Avenue, 551 Barge Channel Road, 599 Grand Avenue, 200 N. Mississippi River
Blvd. #4AB, 1005 Sherburne Avenue, 390 N. Lexington Parkway, 1853 Iglehart Avenue, 1607
Hewitt Avenue, 1336 Hewitt Avenue, 427 Charles Avenue, 430 Blair Street, 479 Iglehart Avenue,
and 673 Burr Street.
Speakers were present for 551 Barge Channel Road, 1336 Hewitt & 1607 Hewitt. Councilmember
Harris moved to close the public hearing on the other addresses listed. Yeas - 7 Nays - 0
Gerry Strathman, Legislative Hearing Officer, stated that the building at 551 Barge Channel Road is a
large commercial facility that is very old. It was the Fire Marshall's determination in October, 1997
that buildings No. 1 & 4 were structurally unsound. The owners of the property were notified and
were asked to either rectify the problem or to provide certification from structural engineers to certify
that the buildings were safe. The certification was not received and several months later the Fire
Marshall initiated action to revoke the certificate of occupancy and the owners appealed. A
Legislative Hearing was held and once again the owners were requested to provided certification
from a structural engineer. Additional time was requested and granted to do this, they once again
appeared at a Legislative Hearing and still did not have the certification.
Steve Zaccard, Fire Marshall, presented photos and gave a report regarding concerns they have on
the buildings.
Mr. Strathman stated that there are still people working in one of the buildings. Phil Byrne, Assistant
City Attorney, informed the Council that the City runs the risk of liability if this matter is not acted
on.
Todd Peterson, General Manager, appeared and stated that an inspector visits the site every six
months. They are in the process of moving the employees, machinery and storage out of the building
and will be tearing it down. He requested they be given until the end of May to accomplish this.
Paul Hultisek, 551 Barge Channel Road, appeared and stated that the only people who will be on the
premises will be those moving things out. They will need 30 days to move and they have to go
through corporate headquarters to accomplish the demolition.
Discussion ensued. Councilmember Coleman moved to close the public hearing and amend the
resolution to vacate the building by May 31, 1998 and demolish the building by June 30, 1998.
Yeas- 5 Nays - 2 (Benanav, Lantry)
1607 Hewitt Avenue- Gerry Strathman reported that the owner withdrew the appeal.
April 22, 1998 City Council Summary Minutes Page 11
1336 Hewitt Avenue - Gerry Strathman reported that this property has been an on-going problem in
that the owner has received numerous directions from Public Health to make corrections on the
building and there have also been numerous complaints from the neighborhood. The matter was
heard by Mr. Strathman at a Legislative Hearing in January after enforcement actions by Public
Health had failed. At that time, the owner, Mr. Schmid, indicated that he was on the verge of
completing the repairs and asked for additional time to complete the work. The extension was
granted, another hearing was held in April on the same matter, and the owner reported that he had a
contractor ready to make the repairs. However, he indicated that only a small amount of work had
occurred between the hearings on January 20th and April8t. and once again additional time was
requested. Mr. Strathman recommended upholding his decision.
(Harris left)
Mike Schmid appeared and said he has owned the building for 27 years. He is working on the
building and is working with the bank on financing. He said the complaints are unjustified and
requested a 30-day extension.
Councilmember Blakey moved to close the public hearing and deny the appeal.
Appeal denied Yeas - 6 Nays- 0 (Harris not present for vote)
Resolution adopted as amended Yeas- 7 Nays - 0
38. Resolution- 98-325 - Ordering the owner to remove or repair the building at 800 Concordia Avenue
within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
39. Resolution- 98-326 - Ordering the owner to remove or repair the building at 502 Lynnhurst Avenue
East within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends
withdrawal as the building was demolished by the owner)
Councilmember Benanav moved to withdraw the resolution.
Withdrawn Yeas - 6 Nays- 0 (Harris not present for vote)
40. Resolution- 98-327 - Ordering the owner to remove or repair the building at 675 Sherburne Avenue
(front house)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, the $200 vacant building fee is paid, and a $2,000 bond is posted by noon
April 22, 1998)
Gerry Strathman, Legislative Hearing Officer reported that all of the conditions have been met.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0 (Harris not present for vote)
(Harris returned)
April 22, 1998 City Council Summary Minutes Page 12
41. Resolution- 98-328 - Ordering the owner to remove or repair the building at 38 Sycamore Street
East 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 April 22, 1998)
Gerry Strathman, Legislative Hearing Officer, reported that he received a call from the property
owner on this date indicating he did not plan to post the bond. Mr. Strathman recommended
approval of the order to remove or repair.
No one appeared in opposition; Councilmember Reiter moved approval.
Adopted (Remove or repair within 15 days)
Yeas- 7 Nays - 0
42. Appeal of David Austin(for Mary&Leah Paulson)to a summary abatement order for property at
2016 Fremont Avenue. (Legislative Hearing Officer recommends granting the appeal)
Gerry Strathman, Legislative Hearing Officer, reported that this appeal pertains to rabbit droppings.
The owner keeps rabbits as pets and has a permit to do so. The droppings go through the wire of the
cage and collect on the ground underneath the cage. The issue is whether the collection of droppings
constitutes a public nuisance. Mr. Strathman was informed that there have been no complaints on this
situation and it does not appear to constitute a health hazard.
At the hearing the owner represented that he was collecting the droppings to be used as compost in
his garden by tilling them into the soil for fertilizer. The St. Paul Legislative Code says that a person
may not use pet feces as compost. The question became whether the rabbits were pets and, therefore,
prohibited their droppings from being used for composting. At the hearing, the owner presented
testimony and documents from officials at the Neighborhood Energy Consortium and from professors
at the University of Minnesota testifying that using rabbit feces in this manner was a good practice
and did not pose a health hazard.
David Austin, property owner, distributed photographs showing that the droppings have been tilled
into the soil.
Martha McDonald, Neighborhood Energy Consortium, appeared. She said that, under contract with
the City of Saint Paul, the Consortium provides education workshops in the community on
compositing and they do recommend this type of composting. She added that the St. Paul
composting ordinance is very discouraging because of how limiting it is.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Guy Willits, Public Health, appeared and said there have been other complaints on the condition of
the yard at this property. Councilmember Lantry concurred saying that there are more issues involved
than just the rabbit droppings.
Councilmember Lantry moved to deny the appeal.
Appeal Denied Yeas- 7 Nays - 0
April 22, 1998 City Council Summary Minutes Page 13
43. Appeal of Darlene Ebert to a summary abatement order for property at 430 West Minnehaha Avenue.
(Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and to
deny the appeal.
Appeal Denied Yeas- 7 Nays - 0
44. Resolution Ratifying Assessment - 98-297 - In the matter of summary abatements, boardings-up, and
demolitions for October through December 1997; boardings-up for August through December 1997;
summary abatements(grass cutting) from mid-July through November 1997; demolitions for August
through December 1997 and January 1998; summary abatements (property clean-up) for August
through December 1997; and abandoned vehicles for July through December 1997 and January 1998.
(File#Re-Escrow, J97BOARDUP, J9711TDBC, J9711C, J9711A, J97ABDVDIS) (Laid over from
April 15) (Legislative Hearing Officer recommends approval with the following exceptions:)
1792 Portland Avenue-Laid over to the April 21 Legislative Hearing and May 6 City Council
meeting.
328 Lexington Parkway North -Laid over to the May 5 Legislative Hearing and May 13 City Council
meeting.
853 Fourth Street East -Laid over to the April 21 Legislative Hearing and May 6 City Council
meeting.
226 East Belvidere Street -Laid over to the April 21 Legislative Hearing and May 6 City Council
meeting.
1086 Ashland Avenue - The owner will pay the assessment over a ten year period.
1645 Iglehart Avenue -Laid over to the April 21 Legislative Hearing and May 6 City Council
meeting.
The following individuals appeared to address concerns about their assessments:
Joyce Perkins, 680 Rivoli St. - Councilmember Coleman moved to reduce the assessment to
$921.00 and that Ms. Perkins pay the $40.00 administrative charges. Yeas - 7 Nays - 0
Marion Warren, 663 York Avenue - Gerry Strathman, Legislative Hearing Officer suggested this be
laid over to a future Legislative Hearing.
Councilmember Blakey moved to refer 663 York Avenue to a Legislative Hearing.
Yeas - 7 Nays- 0
Adopted as amended (per recommendation of the Legislative Hearing Officer)with the addition of:
674 Rivoli Street - Assessment reduced to $921.00 plus $40.00 administrative charges to be paid by
property owner.
663 York Avenue -Laid over to a future Legislative Hearing
Yeas - 7 Nays - 0
April 22, 1998 City Council Summary Minutes Page 14
45. Final Order- 98-329 - In the matter of condemning and taking a temporary easement in connection
with the improvement of Swede Hollow Park. (File#18862 E2)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
46. Final Order-98-330 -In the matter of improving the alley in Block 5, St. Anthony Park North
(bounded by Dudley, Grantham, Hoyt and Chelmsford)by grading and paving with bituminous
material. (File#18867)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
47. Final Order- 98-331 - In the matter of condemning and taking an easement in the land necessary for
the slope, cuts and fills in connection with the grading and paving of the alley in Block 5, St. Anthony
Park North(bounded by Dudley, Grantham, Hoyt, and Chelmsford). (File#18867-S)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
48. Final Order- 98-332 - In the matter of improving the alley in Block 158, Robertson's Addition
(bounded by Bellows, Delos, Bidwell& Isabel), by grading and paving with bituminous material. (File
#18868)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
49. Final Order- 98-333 - In the matter of condemning and taking an easement in the land necessary for
the slope, cuts and fills in connection with the grading and paving of the alley in Block 158,
Robertson's Addition(bounded by Bellows, Delos, Bidwell, & Isabel). (File#18868-S)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
50. Resolution Ratifying Assessment - 98-334 - In the matter of improving the following brick streets:
Kenwood Parkway, around the circle and from the circle to St. Albans Street; Maiden Lane, from
Selby Avenue to Nina Street; and Virginia Street, from Summit Avenue to Selby Avenue. (File
#18795)
Nan Lightner, 130 Nina Street, appeared and talked about the importance of the City maintaining the
brick streets and expressed her appreciation for this area of St. Paul and for the opportunity it allows
people to be able to enjoy it. She encouraged the City to consider extending the remaining portion of
Maiden Lane that is not brick into a brick street. She also asked if the City could consider a tax break
for the residents who are being assessed for the improvements being made on Maiden Lane.
April 22, 1998 City Council Summary Minutes Page 15
Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
•
51. Resolution Approving Assessment - 98-335 - In the matter of condemning and taking permanent
easements for water utility purposes in connection with the Jackson/Maryland"Low Service Number
2" relocation project. (File#18864E)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
52. Resolution Ratifying Assessment - 98-296 - In the matter of construction of storm sewer connections,
as requested by the property owner, in conjunction with the Seventh/Cedar Area Storm Sewer
Separation Project. (File#18766) (Laid over from April 15)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
(Item#34 was reconsidered at this time; see page 9)
53. Public hearing to consider the application of Como Northtown Credit Union to rezone property from
RT-1 (two family residential)to B-2 (community business)to allow additional parking and a new
entrance for the existing credit union at 965/967 Churchill Street (northwest corner of Churchill
Street and Front Avenue). (Laid over from April 1)
Councilmember Reiter said a meeting was held with the Credit Union and neighborhood residents.
Some of the issues were resolved but the driveway entrance and exit on Churchill Street remains an
issue.
Councilmember Reiter moved approval of the zoning change subject to Council approval of the site
plan.
Donna Drummond, Department of Planning and Economic Development, clarified that the issue
before the Council at this time was strictly on the rezoning of the property. The site plan review will
happen after a decision is made on the rezoning. The process for a site plan review is to submit an
application to the Office of License, Inspection and Environmental Protection and the review is done
by staff unless there is a request to the Planning Commission to review the site plan. It there is a
request for review by the Planning Commission, they make a decision on whether or not to review the
site plan and there would be a public hearing if the Commission did decide to review the site plan. All
site plans that come into the City for review are sent to the appropriate district council for notification
to see what has been submitted and the district council is allowed to provide input to staff in their site
plan review. The City Council would normally not see a site plan for approval unless there was an
appeal of a Planning Commission decision regarding a site plan.
Motion of Intent - Application Granted Yeas - 6 Nays - 1 (Coleman)
April 22, 1998 City Council Summary Minutes Page 16
Councilmember Coleman moved to adjourn the meeting. Yeas - 7 Nays - 0
ArlytlyED AT 7:45 P.M.
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Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy An$e son .,,,,,-,,-. \c \a1c3\%
Assistant Council Secretary
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