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City Council

Regular Meeting

St. Paul, MN · October 15, 2014

AgendaMinutes

Minutes

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Phone: 651-266-8560 Minutes - Final City Council Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Russ Stark Councilmember Dai Thao Councilmember Dave Thune Councilmember Chris Tolbert Wednesday, October 15, 2014 3:30 PM Council Chambers - 3rd Floor Public Hearings at 5:30 p.m. ROLL CALL The meeting was called to order by Council President Lantry at 3:30 p.m. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dai Thao, Councilmember Dave Thune and Councilmember Chris Tolbert COMMUNICATIONS & RECEIVE/FILE 1 AO 14-56 Amending the 2014 budget of the CDBG Federal Grants Fund. Received and Filed CONSENT AGENDA Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. Approval of the Consent Agenda (Items 2 - 16) Item 12 was removed from the Consent Agenda for separate consideration. Councilmember Thao moved approval of the Consent Agenda as amended. Consent Agenda adopted as amended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 1 City Council Minutes - Final October 15, 2014 2 RES 14-1759 Approving the Settlement Agreement and Release between the City of Saint Paul and Mee Vang and Bee Moua and their attorney, Jerome R. Klein. Adopted 3 RES 14-1779 Approving payment in the amount of $8,695.86 in full settlement of the claim of Trover Solutions, as agent of Auto-Owners Insurance Company as subrogee of Doug Parish. Adopted 4 RES 14-1780 Approving payment in the amount of $14,341.55 in full settlement of the claim of Carlson & Associates on behalf of American Family Insurance Company as subrogee of Bella Bee Yang. Adopted 5 RES 14-1686 Preliminary Order setting the date of Public Hearing for November 5, 2014 to consider approval of the 2015 Right-of-Way Maintenance Program and 2015 Above-Standard Lighting Operation and Maintenance Program. (File No. 15ROW FINAL) Adopted 6 RES 14-1733 Approving the City's cost of providing Boarding and/or Securing services during July 2014, and setting date of Legislative Hearing for November 4, 2014 and City Council Public Hearing for January 21, 2015 to consider and levy the assessments against individual properties. (File No. J1501B, Assessment No. 158100) Adopted 7 RES 14-1736 Approving the City’s cost of providing Collection of Certificate of Occupancy Fees billed April 22 to June 13, 2014, and setting date of Legislative Hearing for November 18, 2014 and City Council Public Hearing for January 21, 2015 to consider and levy the assessments against individual properties. (File No. CRT1502, Assessment No. 158201) Adopted 8 RES 14-1737 Approving the City's cost of providing Collection of Certificate of Occupancy Fees billed June 16 to July 11, 2014, and setting date of Legislative Hearing for November 18, 2014 and City Council Public Hearing for January 21, 2015 to consider and levy the assessments against individual properties. (File No. CRT1503, Assessment No. 158202) Adopted City of Saint Paul Page 2 City Council Minutes - Final October 15, 2014 9 RES 14-1739 Approving the City’s cost of providing Demolition services during May and June 2014, and setting date of Legislative Hearing for November 18, 2014 and City Council Public Hearing for January 21, 2015 to consider and levy the assessments against individual properties. (File No. J1501C, Assessment No. 152000) Adopted 10 RES 14-1783 Changing the rate of pay for the classification of DSI Fire Safety Inspector III, occ code 461B, from Grade 042 to Grade 42L, in the AFSCME Technical, EG 02 Salary Schedule. Adopted 11 RES 14-1728 Authorizing the Department of Parks and Recreation to apply for funding through the Conservation Partners Legacy grant program to enhance floodplain forest habitat at Hidden Falls Regional Park, and, if successful, enter into an agreement providing indemnification for the Minnesota Department of Natural Resources. Adopted 13 RES 14-1743 Authorizing the Department of Parks and Recreation to enter into an agreement, which includes a promise of indemnification, with the Minnesota State Fair for storage space. Adopted 14 RES 14-1741 Approving the application with conditions, per the Deputy Legislative Hearing Officer, to add an Entertainment A license to the existing Wine On Sale and Malt On Sale (Strong) licenses, for La Cabana Restaurant Inc. (I.D. #20040004015), d/b/a La Cabana Restaurant at 863 7th Street East. Adopted 15 RLH OA 14-26 Making recommendation to Ramsey County on the application of Todd A. Kormanik for repurchase of tax forfeited property at 536 CLAY STREET. Adopted 16 RLH OA 14-27 Making recommendation to Ramsey County on the application of Nationstar Mortgage LLC for repurchase of tax forfeited property at 1075 STINSON STREET. Adopted City of Saint Paul Page 3 City Council Minutes - Final October 15, 2014 FOR DISCUSSION 12 RES 14-1742 Authorizing the renaming of Western Park to Western Sculpture Park. Councilmember Thao acknowledged the work of Parks and Recreation staff and Public Art St. Paul. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 ORDINANCES An ordinance is a city law enacted by the City Council. It is read at four separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Legal Ledger. Public hearings on ordinances are held at the third reading. Second Reading 17 Ord 14-42 Memorializing City Council action granting the application of TCB Properties LLC to rezone property at 1599 - 1605 Rice Street from B3 General Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing was held on September 17, 2014.) Laid over to October 22 for third reading 18 Ord 14-43 Memorializing City Council action granting the application of Gregory and Michelle Sutton and James Morelli to rezone property at 637 Bedford Street and 535 Tedesco Street from RT1 Residential and B3 General Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held September 17, 2014) Laid over to October 22 for third reading SUSPENSION ITEMS Councilmember Thao moved suspension of the rules. Rules suspended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 4 City Council Minutes - Final October 15, 2014 RES 14-1845 Approving a policy providing paid parental leave to eligible employees. Councilmember Tolbert spoke about the importance of the policy in attracting and retaining quality employees. He moved approval of the resolution. Laid over to October 22 for adoption Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 Council members shared information about upcoming events in their wards. The Council recessed at 3:36 p.m. PUBLIC HEARINGS The Council reconvened for public hearings at 5:31 p.m. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dai Thao, Councilmember Dave Thune and Councilmember Chris Tolbert 19 Ord 14-39 Creating Chapter 373 of the Saint Paul Legislative Code pertaining to Transportation Network Companies. (Public hearing continued from October 15 and November 19) Council President Lantry said her intention was to continue the public hearing to November 19. She said the Department of Safety and Inspections had done phenomenal work in working with transportation companies and they were close to agreement on the language of the ordinance. In opposition: David Dermer (390 Beacon Avenue) appeared representing Citywide Cabs. He expressed concerns about the effects of different requirements for Transportation Network Companies and cab companies, on customer service and safety and on the ability of cab drivers to compete. Councilmember Brendmoen moved to continue the public hearing to November 19. Public Hearing continued to November 19 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 5 City Council Minutes - Final October 15, 2014 20 Ord 14-40 Amending Chapter 310 of the Saint Paul Legislative Code to add a license fee for Transportation Network Companies. (Public hearing continued from October 15 and November 19) No one appeared in opposition; Councilmember Brendmoen moved to continue the public hearing to November 19. Public Hearing continued to November 19 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 21 Ord 14-41 Creating Chapter 200A of the St. Paul Legislative Code to require that private or public groups organized to care for stray, homeless, relinquished, or abandoned dogs and cats reduce unnecessary euthanasia. In support: Mike Fry, Executive Director of Animal Ark, thanked the Council, and especially Animal Control lead by Molly Lunaris. Laura Atnesen (834 Summit Avenue) thanked Council President Lantry for introducing the ordinance and seeing it through to completion. She thanked Department of Safety and Inspections staff, especially Animal Control Director Molly Lunaris, and local shelters. She asked the Council to support the ordinance. Kathy Mock (845 Meadow Lane, Golden Valley), Chief Government Affairs and Community Engagement Officer for the Animal Humane Society, described the organization and expressed support for the ordinance. She said she appreciated the opportunity to work with Council President Lantry to craft the language. Kelli Durow (538 St. Peter Street) said she participated in a volunteer ministry serving homeless and mentally ill people downtown, and she encourage establishment of animal hubs to provide employment. She asked for support. Councilmember Thune moved to close the public hearing. Yeas - 7 Nays - 0 Council President Lantry acknowledged Molly Lunaris for her work. Public Hearing held and closed; laid over to October 22 for final adoption Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 6 City Council Minutes - Final October 15, 2014 22 RES PH 14-284 Approving the application of Podium Sports Marketing for a sound level variance in order to present announcements and the use of microphones at Shepard Road and Washington Street, and at Upper Landing Park, for the Turkey Trot Saint Paul on Thursday, November 27, 2014 from 7:15 a.m. to 11:30 a.m. In opposition: Mary Hilfiker (284 Spring Street) said that after speaking with one of the organizers she would not oppose this, but she asked that Parks and the City put a starting time of 8:00 a.m. for future events. She said Parks and the City needed to do a better job of informing neighbors how long roads would be closed for events. Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 23 RES PH 14-289 Approving the application of Sandy Schwarz, Manager of Wild Tymes, for a sound level variance in order to present live music on stage from 1:00 p.m. until 5:00 p.m. on October 19, 2014 on the patio at 33 Seventh Place West. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 24 RES PH 14-292 Approving the application of Team Ortho Foundation for a sound level variance in order to allow the use of a mobile stage, DJ, and speakers from 7:30 a.m. to 8:30 a.m. at Cathedral Hill Park; and to allow the use of speakers from 8:00 a.m. to 9:00 a.m. on Summit Avenue, from 400 feet east of Nina to Selby, for the Monster Dash 2014 Pre-Race Gathering and Race Start on October 25, 2014. No one appeared in opposition; Councilmember Thao moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 7 City Council Minutes - Final October 15, 2014 25 RES PH 14-293 Approving the application of Team Ortho Foundation for a sound level variance in order to allow the use of speakers from 9:00 a.m. to 12:30 p.m. on Shepard Road from Washington to Eagle, and from 8:00 a.m. to 12:30 p.m. on Eagle Parkway from Shepard to Chestnut; and for the use of a mobile stage, band, and speakers from 8:00 a.m. to 2:30 p.m. at Upper Landing Park, Shepard and Eagle, for the Monster Dash 2014 Finish Area on October 25, 2014. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 26 RES PH 14-294 Approving the application of Team Ortho Foundation for a sound level variance in order to allow the use of a mobile DJ with speakers from 9:00 a.m. to 10:30 a.m. at Rice Park for the Monster Dash 2014 5K Event on October 25, 2014. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 27 RES PH 14-297 Approving the application of Team Ortho Foundation for a sound level variance in order to use a mobile DJ with speakers on Shepard Road between Homer and Elway Streets, for the Team Ortho Foundation Monster Dash 10-Mile Finish Area on Saturday, October 25, 2014 from 9:00 a.m. to 11:30 a.m. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 8 City Council Minutes - Final October 15, 2014 28 RES PH 14-275 Ratifying the assessment for the Central Corridor Light Rail Transit Project - Downtown. (File No. 19083, Assessment No. 102000) In opposition: David Colby, Pastor of Central Presbyterian (500 Cedar Street), said the assessment of $4000 for a church with a $400,000 annual budget with short notice given to pay represented a hardship. He said the landscaping was underwhelming, and City maintenance of the crosswalk had been inadequate. He asked whether it would be possible to have payments spread over 2 to 3 years, interest-free. He said the larger issues were the way they were assessed, and problems with the process. Councilmember Thune said staff could look at alternatives, but at this point the City had to move forward with the assessment. Councilmember Stark noted that assessments for street work were noticed several years before. Councilmember Thune said he would follow up on the comment that about church volunteers were doing landscaping. Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 9 City Council Minutes - Final October 15, 2014 29 RES PH 14-276 Ratifying the assessment for the Central Corridor Light Rail Transit Project - University Avenue. (File No. 19082, Assessment No. 101000) In opposition: Greg Ryan, property and business owner on University Avenue, described the history of the family business on University Avenue. He said no small business was in favor of light rail but they had to pay for it, and he he described his own tax bills and assessments. He said irreversible damage had been done to businesses along the Central Corridor, while businesses such as Macy's and Mai Village that had been given forgivable loans by the City but had not stayed. He said he was tired of being asked to subsidize the City's failures, and the the light rail had resulted only in accidents and unsafe conditions. he said the assessment was discriminatory and unnecessary, and he was strongly opposed. Todd Erickson, Summit Amusement (2274 University Avenue), said he was happy to pay for lighting but his concern is with damage to buildings from the light rail construction. He said there should be a mechanism to hold off on the assessment if the Met Council was responsible for the damage. Daisy Haung (654 University Avenue), said the assessment was a shock even though it was noticed a long time ago, and with her building and parking lot there would be almost $90,000 in tax. She said the construction caused a hardship, and while she understood the construction was done and money spent, she asked that in the future the City please think of the businesses. She said it was hard to get tenants with increased costs. Alex Pham (439 University Avenue W.) said he had come before the Council two years before and asked for help, and he had gotten no help and really suffered in those two years. He said the City still collected fees during construction when there were no services and there was nothing but dirt. He asked for help. Tino Hing (690 University Avenue W.) said business was slow even after construction was completed, and he asked for help. Peter Vang, Sunrise Plaza (995 University Avenue W.), said construction had hurt business at his property, but as a property owner he wasn't able to qualify for a loan. He said he paid tax of over $109,000 per year and now an assessment for $7300. He said he needed time to pay it, and charging interest over time was not right. He said the light rail had not benefited his business but has benefited all people in the metro area so the costs should be shared. He said his customers drove in and out, and didn't ride the train. Dr. Zach Kimble (1141 University), said he would like to see the assessment shared by other people, since businesses were not the only people benefiting. He said he had been in business in 33 years and had never struggled like in the past few years, and his business had been broken into 3 times in the last four months since the light rail started and had never been in all the years before. He said employees now had to use the alley to enter and exit, and it wasn't safe. He said narrowing of the sidewalk had caused snow removal problems. He said he appreciated the help offered by the City, and encouraged continued help. Councilmember Stark moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Stark thanked everyone for coming and testifying, and acknowledged that it had been a long journey. He noted that he and Councilmember Carter had been successful in getting the assessments reduced from what they City of Saint Paul Page 10 City Council Minutes - Final October 15, 2014 would normally be on a street reconstruction. He clarified that the assessments weren't for the light rail itself but for street work, and University Avenue hadn't been improved for a long time. He said people were currently paying $77 per foot for street improvements in residential areas compared with $42 for this assessment. He said he understood that this did seem like a lot in of a charges in a row but the assessment was delayed later than was usually the case for a construction project. He reiterated that the property owners were getting a break for the street work on University, and others were paying their share when street work got done in front of their properties. He said the City would continue to work on issues such as snow removal. He said he would move approval of the assessment but knew Councilmember Thao had comments to add. Councilmember Thao said he appreciated the testimony and sympathized with the frustrations expressed by business owners. He said he felt Met Council could have done more to subsidize and support the businesses, and it had been a learning experience for Council members and leaders of the City. He said he hoped part of the conversation was about service and delivery of service, and that citizens felt they could reach out to ask for support if there were any concerns about services. Councilmember Brendmoen said it did seem that a lot of assessments had come in the past several weeks, and she understood the stresses that could place on a business owner. She asked whether there were other options for spreading out or deferring payments. Council President Lantry said ROW and sewer bills went to property taxes if not paid. Councilmember Brendmoen asked whether there was a way for the payment deadlines to be spaced out; she said it seemed like a very reasonable request. Council President Lantry said there were a lot of things to coordinate, and they would need to work with Public Works and Real Estate to find out how that might happen. Councilmember Stark clarified that repayment could be made at any time within 20 years. He said staff was present to answer specific questions about payment options, and he asked staff to identify themselves. Councilmember Stark moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 11 City Council Minutes - Final October 15, 2014 30 RES PH 14-295 Approving adverse action against the Auto Repair Garage license held by Fredy Auto Repair, LLC, d/b/a Fredy Auto Repair at 931 Atlantic Street. Geoffrey Karls, Assistant City Attorney representing the Department of Safety and Inspections (DSI), gave a staff report on the license condition violations involving too many vehicles on the lot and improper storage of tires and refuse on the lot. He said DSI recommended a penalty of $500 and the additional condition of placards on cars to identify which of the five licensed auto repair businesses at the address it was associated with. He said the licensee didn't dispute the facts but had requested a public hearing to talk about the $500 penalty. Licensee Fredys Quintanilla said he was in favor of the changes and agreed with trying to make the City clean and with the idea of using placards to identify each car. He reviewed the changes being made to prevent the problem from recurring, and said the business was owned by his dad and he was trying to help out. He asked to have the penalty reduced or to have the option of a payment plan. Councilmember Bostrom moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Bostrom said it was a mess, and the City had provided a lot of time. He moved to adopt DSI's recommendation. Councilmember Brendmoen said she appreciated the licensee's recognition of the problem and attempts at solutions. Council President Lantry urged Mr. Quintanilla to talk to DSI about a payment plan. Adopted ($500 penalty and additional license condition) Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 12 City Council Minutes - Final October 15, 2014 31 RES PH 14-296 Approving adverse action against the Auto Body Repair/Painting Shop license held by Safe Auto Body Shop at 931 Atlantic Street. Geoffrey Karls, Assistant City Attorney representing the Department of Safety and Inspections (DSI), gave a staff report on the license condition violations involving too many vehicles on the lot and improper storage of tires and refuse on the lot. He said DSI recommended a penalty of $500 and the additional condition of placards on cars to identify which of the five licensed auto repair businesses at the address it was associated with. He said the licensee didn't dispute the facts but had requested a public hearing to talk about the $500 penalty. Licensee Carlos Ramirez, Safe Auto Body, acknowledged that there were violations present on the day of inspection, but a lot of violations were on the lot of the neighboring business and the violations were small. He said the business didn't make a lot of money, and the cars cited on the property did not belong to them. He said he disagreed with the $500 fine. Councilmember Bostrom moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Bostrom said he appreciated comments, but photographs in the file showed conditions on the day of inspection. He moved DSI's recommendation, and said the licensee could check with DSI about a payment plan. Adopted ($500 penalty and additional license condition) Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 13 City Council Minutes - Final October 15, 2014 32 PH 14-15 Public hearing to consider the report of the Administrative Law Judge concerning all licenses held by RAS Ethiopian Bar & Restaurant, d/b/a RAS Restaurant & Lounge at 2516 Seventh Street West. Geoffrey Karls, Assistant City Attorney representing the Department of Safety and Inspections (DSI), gave a staff report on adverse actions involving providing entertainment without a license, failure to provide surveillance video when requested, trash on the property, failure to maintain required off-street parking in accordance with the approved site plan, and work done without proper permits. He said the Administrative Law Judge (ALJ) found the allegations had all been proven, and had recommended a $1500 penalty. He said was DSI asking for the Council to adopt the ALJ's Findings, Conclusions, and Recommendation. In opposition: Paul Lelii, said he was appearing as a neighbor, attorney, and activist. He spoke about community service projects engaged in by the licensee and said the business owner had lived up to the promises made to neighbors when he was licensed. He said they had made a concerted effort to work with Chief of Police and had used off duty police officers regularly. He said the business was a work-in-progress and they would like to move forward rather than having lots of inspections. He said the trash was small problem and not visible. He said they were sold a defective surveillance system. He said he was personally troubled by the license condition related to parking and that the licensee was trying to purchase the adjacent property for parking. He noted new signage put in at the request of neighbors to improve the appearance of the business. He asked that the $1500 penalty be set aside, and said he would continue to work with the business owner. Councilmember Tolbert asked whether the licensee was present. Mr. Lelii said he was earlier but couldn't stay. Councilmember Tolbert moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Tolbert said the ALJ report spoke for itself, and the bar had been a problem for the last year. He said the licensee needed to get his act together. He said he wished there were a bigger fine, and he moved approval of the department's recommendation. He asked that Mr. Lelii pass along to the licensee that he needed to comply with the conditions that he agreed to, and the neighbors were tired of the problems. Motion of Intent - Adopted the Findings of Fact, Conclusions of Law, and Recommendations of the Administrative Law Judge ($1500 penalty) Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 14 City Council Minutes - Final October 15, 2014 33 APC 14-5 Public hearing to consider the appeal of Summit Avenue Residential Preservation Association to a decision of Planning Commission to approve a conditional use permit at 344 Summit Avenue. Hilary Holmes, City Planner in Department of Planning and Economic Development (PED), gave a staff report. She reviewed the history of the building, the pertinent zoning code sections, and the findings of the Planning Commission. Council President Lantry clarified with Ms. Holmes that the business still couldn't move forward until the parking condition had been met. Appellant: Bethany Gladhill (1358 Summit Avenue), president of the Summit Avenue Residential Preservation Association (SARPA), said Summit was the longest remaining Victorian residential street in the country, and her organization opposed commercial development on Summit. She said they agreed with the Planning staff recommendation, and believed the Planning Commission erred in permitting this use. Tami Diehm, attorney representing SARPA, reviewed the standards that had to be met to grant the zoning code exception and the conditional use permit required for this use, and said both steps involved consistency with the comprehensive plan. She noted that Planning staff had concluded that the proposed use was not consistent with the comprehensive plan. She stressed that the Council's job was to evaluate the plan based on the existing comprehensive plan, and noted that the Planning Commission recommendation was to not grant any exceptions related to parking. She summarized that SARPA felt the proposed use was not consistent with the comprehensive plan, the use would not provide adequate ingress and egress, the proposed use would not conform to the applicable regulations of the district, the applicants had failed to demonstrate that the parking requirements created an exceptional hardship that would justify modification, the requested parking deviation and the use of the property as a hotel would interfere with the reasonable enjoyment of the adjacent properties, and the proposed use would be detrimental to the existing character of the established neighborhood. Ted Lentz (692 Summit), resident since January 1974, said he'd initially felt that the development would pick things up in a slow area of Summit, but he had since realized that things were turning around as homeowners were investing in their own properties. He spoke about the unique character of Summit. Daryl Natz (436 Ashland) said the hotel would be a 24/7 business with no on-site management, and would degrade the neighborhood and residential character, and bring down home values. Mary Lynch (1726 Summit), 47-year Summit Avenue resident, begged the Council not to bring any commercial development to Summit, and said she believed that if the house had been put on the market it would have been purchased and returned to its original grandeur. Eric Lein (361 Summit) referred to a letter he'd submitted, and read from a letter from the comprehensive planning committee to the Planning Commission stating that the St. Paul Zoning Code was established to protect the public health, safety, morals, aesthetics, economic viability, and general welfare of the community. He said he felt that if the St. Paul opted to define boutique hotels and permit their use within residential neighborhood, the process should include review and reevaluation of the zoning code and should not be a site-specific change at the 11th hour. City of Saint Paul Page 15 City Council Minutes - Final October 15, 2014 Applicant: John Rupp (366 Summit Avenue) said the project was essentially residential, and the Planning Commission did not err in their decision. He said his project would take a building that had been a college for 50 years, which was clearly a commercial use, and convert it to a luxury 10-unit apartment building. He said allowing the units to be rented for less than a month did not change the character from residential to commercial, and no other commercial activity would be allowed, according to conditions set by the Planning Commission. He said the best way to market to potential guests was as a boutique hotel, and the City had no zoning classification for that. He said the City's limit was four units for a Bed and Breakfast, otherwise he would have presented his project as a 10-unit bed and Breakfast, which is what it was. He said this type of use existed in the past in the Cathedral Hill area. He described the type of accommodation he was proposing, and compared it to other types in the city. He said hundreds of similar accommodations were operating illegally in the city, and St. Paul had not caught up with trends in accommodations. He said he had worked to engage the community, and SARPA was the only group which refused to meet. Councilmember Thune asked Mr. Rupp to focus his testimony on the disputed findings in the Planning Commission's decision. Mr. Rupp said all of the conditions were carefully evaluated in the Planning Commission's findings, and the neighbors within 100 feet were unanimous in support. He asked that the Council uphold the decision of most of the Planning staff. Councilmember Thune moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Thune said he was inclined to protect the unique character of Summit Avenue but tended to agree with Planning Commission in this case. He said this really was virtually indistinguishable from a large residence, with no signage or business activities. He said he supported SARPA's goals and understood the concerns, but felt this would be a stabilizing factor. He moved to deny the appeal. Councilmember Stark said he felt this could go either way from a technical perspective, and the previous use was of interest in this case since the building was a classroom, which he felt functioned as more of a commercial use. He noted concerns in the testimony that this could be precedent-setting, but said these circumstances were quite unique. He said he would support the motion. Council President Lantry said she would not support Councilmember Thune's motion. She said the comprehensive plan argument wasn't initially persuasive but became more so with that evening's testimony. She said if you lived in a residential neighborhood you should be able to count on it staying residential. She said if the building was going to function as an apartment it should be called an apartment, but allowing a hotel, which was a commercial use, could be opening a door to allowing anything to be called a reasonable use. She noted that there was no zoning code when the College of Visual Arts initiated the previous use. She said there were other reasonable uses that met the underlying zoning at the property. Councilmember Brendmoen said this was somewhere in between a hotel, apartment, and Bed and Breakfast, and there was no definition. She said she was with Councilmember Thune tonight but it had been an interesting discussion. Councilmember Tolbert said he would be voting with Councilmember Thune. He said definitions of accommodations were changing a lot, and perhaps staff could request a study of this type of thing. He said it was probably time for the City to address this. Motion of Intent - Appeal Denied City of Saint Paul Page 16 City Council Minutes - Final October 15, 2014 Yea: 5- Councilmember Brendmoen, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 2- Councilmember Bostrom and City Council President Lantry 34 APC 14-6 Public hearing to consider the appeal of Donald Buckrey to a decision of the Planning Commission denying a change of nonconforming use permit for auto repair and outdoor auto sales at 1176 Dale Street. (Public hearing continued from October 15) Jake Reilly, Planning and Economic Development (PED), gave a staff report on the application and appeal. He said the original staff recommendation was approval with conditions; the Planning Commission and Zoning Committee both recommended denial. He clarified that the application was to reduce the number of parking spaces to allow more flexibility for the use of the site. He said the appellant was not present, and if the Council chose it could lay the matter over to November 5 which would meet the "60 day" rule. He said it could also be extended an additional 120 days if the appellant and Council wished. Robert Keena (8050 West 78th Street, Edina), representing licensee Donald Buckery, said Mr. Buckery was out of state but would like the opportunity to provide information and bring his supporters and neighbors. Council President Lantry and Councilmember Brendmoen confirmed with Mr. Keena that either he or Mr. Buckery would be available on November 5. Mr. Keena acknowledged there had been problems at the property, and the application was in regard to a change in the use. He said the Zoning Committee recommended approval, and the Planning Committee's denial was based only on one area related to the detrimental use of the property. He said the analysis leading to that finding was related to the property and its history, and not to the proposed changes. He said he felt it was counterintuitive that a request to improve the property should be considered a use detrimental to the community. He said he hoped the appeal would be approved on that basis, and that the hearing would be help open until the 5th to allow Mr. Buckery and his neighbors to appear. Councilmember Brendmoen said there was a long term pattern of lack of action on proposed plans, and she would like to hear directly from Mr. Buckery about how he planned to meet the conditions associated with granting the application. Mr. Keena said the only condition Mr. Buckery had a problem with was cars not sitting for more than 48 hours. Councilmember Brendmoen moved to continue the public hearing to November 5. Public Hearing continued to November 5 Yea: 5- Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao and Councilmember Tolbert Nay: 0 Absent: 2- Councilmember Bostrom and Councilmember Thune City of Saint Paul Page 17 City Council Minutes - Final October 15, 2014 35 PH 14-18 Public hearing to consider the application of Greenway Holdings for preliminary and final plat approval for Luther Seminary Addition to create two (2) T1 Traditional neighborhood parcels. (Zoning File # 14-332-230) Jake Reilly, Planning and Economic Development, made a brief clarification regarding the number of parcels. No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the resolution. Motion of Intent - Application Granted Yea: 5- Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao and Councilmember Tolbert Nay: 0 Absent: 2- Councilmember Bostrom and Councilmember Thune 36 PH 14-19 Public hearing to consider the application of James Erchul (Dayton's Bluff Neighborhood Housing Services) for preliminary plat approval for Village on Rivoli Addition. (Zoning File # 14-289-411) No one appeared in opposition; Councilmember Brendmoen moved to close the public hearing and grant the application. Motion of Intent - Application Granted Yea: 5- Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao and Councilmember Tolbert Nay: 0 Absent: 2- Councilmember Bostrom and Councilmember Thune City of Saint Paul Page 18 City Council Minutes - Final October 15, 2014 37 RES PH 14-285 Modifying Area 1 Residential Permit Parking. Dan Fowlds said he owned Grand Realty at 1554 Selby and his wife owned Merriam Park Acupuncture at 1523 Selby. He said he supported the change in the permit parking but asked that one area of change be delayed until the construction was completed. Monica Beeman, Public Works, said they had received 4 to 5 phone calls asking that changes in signage along Saratoga and Dayton be delayed until construction was done. She said construction took precedence over permit parking areas anyway, and they would have to do whatever the construction required in order to get it complete. In support: Joe Hughes (1564 Selby) spoke in support. Councilmember Thao moved to close the public hearing. Yeas - 6 Nays - 0 (Bostrom not present for vote) Councilmember Thao said he would like to implement the recommendation to delay permit parking signage. Ms. Beeman clarified that all of the requests in the body of the resolution would be carried out except the portion north of Selby on Saratoga, and they would hold off to the extent possible to help neighbors and businesses, and implement in the spring. Councilmember Thao moved approval. Adopted Yea: 6- Councilmember Bostrom, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1- Councilmember Brendmoen 38 RES PH 14-274 Ratifying the assessment for installation of a fire protection system, as requested by Dayna Frank, for 1601 University Avenue West. (File No. FP2014-01, Assessment No. 147100) No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1- Councilmember Brendmoen City of Saint Paul Page 19 City Council Minutes - Final October 15, 2014 39 RES PH 14-231 Ratifying the assessments for Replacement of Lead Water Service Line on Private Property from April to June 2014. (File No. 1403LDSRP, Assessment No. 144002) No one appeared in opposition; Councilmember Tolbert moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1- Councilmember Brendmoen 40 RES PH 14-232 Ratifying the assessments for Repair of Sanitary Sewer on Private Property from April to June 2014. (File No. SWRP1403, Assessment No. 143002) Joseph Tokach (228 Isabel Street West) asked for a clarification of the assessment. Lynn Moser, Real Estate, clarified. Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 41 RES PH 14-236 Final Order approving the completion of the city sidewalk on the north side of St. Anthony Avenue between North Western Avenue and Ravoux Street. (File No. S1503, Assessment No. 155303) No one appeared in opposition; Councilmember Thao moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 20 City Council Minutes - Final October 15, 2014 42 RES PH 14-235 Final Order approving the completion of the city sidewalk on the south side of Brewster Street between Gibbs and Fifield, and the east side of Fifield Street between Brewster and Como. (File No. S1502, Assessment No. 155302) No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 43 RES PH 14-291 Amending the financing and spending plans in the Fire Department in the amount of $42,195 for a contribution received from the Minnesota Board of Firefighter Training and Education to pay for training for firefighters. No one appeared in opposition; Councilmember Brendmoen moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 44 RES PH 14-299 Amending the financing and spending budgets in the Department of Fire and Safety in order to fully fund the $25,000 replacement of the Fire Station #14 concrete apron located at 111 Snelling Avenue North. No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 21 City Council Minutes - Final October 15, 2014 45 RES PH 14-288 Accepting $100,000 in grant funds from Saint Paul Children's Collaborative awarded to the Department of Parks and Recreation to support youth in Right Track jobs, and amending the 2014 adopted budget accordingly. Kathy Korum, Parks and Recreation, acknowledged the St. Paul Children's Collaborative for their support of the Right Track program. She spoke about the success of the program, and she thanked the Council for their support. Councilmember Tolbert said the St. Paul Children's Collaborative funding had been obtained at the last minute to replace state funding that had been cut, and he expressed appreciation. He said the Right Track program was continuing to expand. No one appeared in opposition; Councilmember Tolbert moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 46 RES PH 14-303 Amending the 2014 budget in the amount of $9,000,000 to accept a grant from the State of Minnesota for the renovation of the Twin Cities Public Television Building; and approving and authorizing execution of State Grant Agreement and related documents, Ground Lease, Lease/Use Agreement and related documents, and an amended Cultural STAR Grant Agreement, Ward 2, District 17. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the resolution. He said it gave him great pleasure to approve, and the project was very exciting. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 22 City Council Minutes - Final October 15, 2014 47 RES PH 14-300 Approving the establishment of the 2700 University at Westgate Station Housing Tax Increment Financing District and approving the tax increment financing plan therefor. No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the resolution. Councilmember Tolbert said this was something that had concerned him since he joined the Council, and he didn't feel this was an appropriate use for TIF. Councilmember Stark said he supported the project. He said it was unique in that the city was getting 50 affordable units, and almost nobody was building mixed rate projects. Councilmember Brendmoen said she would support this item but shared Councilmember Tolbert's concerns. Councilmember Tolbert said it was not about affordable housing, but about letting the market go and building the tax base. He said the site would be developed without City assistance. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao and Councilmember Thune Nay: 1- Councilmember Tolbert 48 RES PH 14-301 Reciting a proposal for a Housing Finance Program for a multi-family rental housing development; giving preliminary approval to the project and the Program pursuant to Minnesota Statutes, Chapter 462C; authorizing the Housing and Redevelopment Authority to issue conduit housing revenue bonds; and authorizing the preparation of necessary documents and materials in connection with said project and Program (2700 University at Westgate Station Housing Project). No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao and Councilmember Thune Nay: 1- Councilmember Tolbert 49 RES PH 14-298 Accepting Livable Communities Tax Base Revitalization Account and LCDA Pre-Development Grants from the Metropolitan Council and Amending the 2014 Budget. No one appeared in opposition; Councilmember Thao moved to close the public hearing and approve the resolution. Adopted City of Saint Paul Page 23 City Council Minutes - Final October 15, 2014 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 50 RES PH 14-157 Amending the financing and spending budgets in the Department of Public Works in the amount of $835,208 in order to fully fund the Montreal Avenue Reconstruction project known as SU-1503005 and approved on Council File PH 12-22, and to add water and sewer financing to the project in the amount of $402,000. No one appeared in opposition; Councilmember Tolbert moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 24 City Council Minutes - Final October 15, 2014 LEGISLATIVE HEARING ITEMS REQUIRING DISCUSSION 77 RLH VO 14-45 Appeal of Todd A. Erickson to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 2274 UNIVERSITY AVENUE WEST. Legislative Hearing Officer Marcia Moermond gave a staff report on the revocation due to repeated cancellations and reschedulings of inspections. She said the notable issues brought out in the legislative hearing included overcrowding, and a leaking roof. She recommended granting to November 14 to comply or vacate, and she noted that an amendment was needed to correct the deadline in the resolution from November 1 to November 14. In opposition: Property owner Todd Erickson said he never received any paperwork. He said he was in attendance for his assessment hearing was surprised to find that his name on the agenda. He said he was a disabled veteran and spent a lot of time in the hospital. He said he was very concerned about the effect of light rail construction on his building and had contacted the Met Council. Council President Lantry asked Mr. Erickson to focus on the issues in the appeal. Mr. Erickson said he would like some time to prepare. Councilmember Stark noted that the recommendation was to allow to November 14 for compliance. Mr. Erickson said he was working on it full time, and he said there were some items that he disputed. Council President Lantry said the file included a letter dated October 1 notifying Mr. Erickson of the public hearing. Mr. Erickson said he hadn't received it. He said the Met Council was sending people out that week. He said he'd had the building for 30 years and never been before the Council. He repeated that medical problems had put him behind. Councilmember Stark moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Stark said the issues identified on the deficiency list were not related to the issue with the Met Council, and November 14 was a reasonable deadline. He moved to adopt Ms. Moermond's recommendation. Adopted as amended (Appeal denied and extension granted to November 14 for compliance) Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 25 City Council Minutes - Final October 15, 2014 LEGISLATIVE HEARING CONSENT AGENDA Note: Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired. Approval of the Consent Agenda (Items 51 - 84) No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the Legislative Hearing Consent Agenda as amended. Legislative Hearing Consent Agenda adopted as amended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 51 RLH VBR 14-70 Appeal of Houa Yang to a Vacant Building Registration Renewal Notice at 1126 ALBEMARLE STREET. Adopted 52 RLH SAO 14-18 Appeal of Mary L. Murphy and Thomas M. Murphy to a Summary Abatement Order at 15 BAKER STREET WEST. (Public hearing continued from September 17) (To be referred back to Legislative Hearing on January 13, 2015 and City Council Public Hearing on January 21, 2015) Referred to Legislative Hearings on January 13, 2015; Council Public Hearing continued to January 21, 2015 53 RLH TA 14-527 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1412B, Assessment No. 148111 at 30 BAKER STREET EAST. Adopted 54 RLH TA 14-510 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1412A, Assessment No. 148538 at 300 BANFIL STREET. Adopted 55 RLH FCO Appeal of My Pham to a Fire Inspection Correction Notice at 650 14-141 BLAIR AVENUE. Adopted City of Saint Paul Page 26 City Council Minutes - Final October 15, 2014 56 RLH TA 14-512 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1412A, Assessment No. 148538 at 975 BRADLEY STREET. Adopted 57 RLH VO 14-44 Appeal of Bee Vue to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 397 CASE AVENUE. Adopted 58 RLH VO 14-46 Appeal of Paw Eh Shee to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 397 CASE AVENUE. Adopted 59 RLH TA 14-520 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. VB1410A, Assessment No. 148816 at 537 CHARLES AVENUE. Adopted as amended (Assessment ratified and payable over 5 years) 60 RLH TA 14-514 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1411P, Assessment No. 148410 at 83 DOUGLAS STREET. Adopted 61 RLH VO 14-52 Appeal of Rick Schoolmeesters to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 1111 FOURTH STREET EAST. Adopted 62 RLH TA 14-581 Amending Council File RLH AR 14-60 to delete the assessment for Trash Hauling services from May 3 to 23, 2014 at 432 FRONT AVENUE. (File No. J1410P, Assessment No. 148409) Adopted 63 RLH TA 14-488 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1412A, Assessment No. 148538 at 434 FRY STREET. Adopted as amended (Assessment ratified and payable over 5 years) 64 RLH VBR 14-71 Appeal of Sarah Schultz to a Vacant Building Registration Notice at 654 GOTZIAN STREET. Adopted City of Saint Paul Page 27 City Council Minutes - Final October 15, 2014 65 RLH SAO 14-17 Appeal of Roger Hodge to a Summary Abatement Order at 642 HALL AVENUE. (Public hearing continued from September 17) (To be referred back to Legislative Hearing on January 13, 2015 and City Council Public Hearing on January 21, 2015) Referred to Legislative Hearings on January 13, 2015; Council Public Hearing continued to January 21, 2015 66 RLH FCO Appeal of David Theobold to a Fire Inspection Correction Notice at 14-138 973 JESSAMINE AVENUE EAST. Adopted 67 RLH TA 14-501 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1412A, Assessment No. 148538 at 268 LARCH STREET. Adopted as amended (Assessment reduced from $1240 to $480) 68 RLH VBR 14-73 Appeal of Yan Chen to a Vacant Building Registration Notice at 1275 MACKUBIN STREET. Adopted 69 RLH TA 14-525 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1411P, Assessment No. 148410 at 471 MARYLAND AVENUE WEST. Adopted 70 RLH FCO 14-78 Appeal of John D. Lenzi to a Correction Notice-Complaint Inspection at 662 PAYNE AVENUE. Adopted 71 RLH SAO 14-38 Appeal of Claudia Speak to a Summary Abatement Order at 811 PORTLAND AVENUE. Adopted 72 RLH TA 14-363 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. VB1409, Assessment No. 148813 at 1258 RICE STREET. (Amended to File No. VB1409A, Assessment No. 148822) Adopted as amended (Assessment ratified) 73 RLH VBR 14-72 Appeal of Vang Xiong to a Vacant Building Registration Renewal Notice at 841 ROSE AVENUE EAST. Adopted City of Saint Paul Page 28 City Council Minutes - Final October 15, 2014 74 RLH FCO Appeal of Gerd Bents to a Re-Inspection Fire Certificate of Occupancy 14-145 with Deficiencies at 777 SELBY AVENUE. Adopted 75 RLH CO 14-10 Appeal of Endriash Hawaz, Ethiopian Evangelical Church, to a Correction Notice at 770 SEVENTH STREET EAST. Adopted 76 RLH VBR 14-67 Appeal of Robert Gotch to a Vacant Building Registration Notice at 931 SHERBURNE AVENUE. Adopted 78 RLH OA 14-23 Appeal of Gayle Gedstad and Barbara Ward to a Denial of an Application for a Fence Variance at 1380 VICTORIA STREET NORTH. Adopted 79 RLH VO 14-51 Appeal of Barry M. Silver and Julie Silver to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 795 WATSON AVENUE. Adopted 80 RLH TA 14-526 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1411B, Assessment No. 148110 at 1145 WOODBRIDGE STREET. Adopted 81 RLH AR 14-66 Ratifying the assessments for Boarding and/or Securing services during May 2014. (File No. J1411B, Assessment No. 148110) Adopted 82 RLH AR 14-67 Ratifying the assessments for Boarding and/or Securing services during June 2014. (File No. J1412B, Assessment No. 148111) Adopted 83 RLH AR 14-68 Ratifying the assessments for Graffiti Removal services during June 2014. (File No. J1411P, Assessment No. 148410) Adopted 84 RLH AR 14-69 Ratifying the assessments for Tree Removal services from July 2014. (File No. 1410T, Assessment No. 149010) Adopted City of Saint Paul Page 29 City Council Minutes - Final October 15, 2014 ADJOURNMENT Councilmember Brendmoen moved adjournment. Meeting adjourned at 8:09 p.m. Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 Council Meeting Information The City Council is paperless which saves the environment and reduces expenses. The agendas and Council files are all available on the Web (see below). Councilmembers use iPads to review the files during the meeting. Using the iPad greatly reduces costs since most agendas, including the documents attached to files, are over 1000 pages when printed. Web Meetings are available on the Council's website. Email notification and web feeds (RSS) of newly released Minutes, Agendas and Meetings are available by subscription. Please visit www.stpaul.gov/council for meeting videos and updated copies of the Agendas, Minutes and supporting documents. Cable Meetings are live on St Paul Channel 18 and replayed on: Thursdays at 5:30 p.m., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change) City of Saint Paul Page 30

Agenda

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Phone: 651-266-8560 Meeting Agenda City Council Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Russ Stark Councilmember Dai Thao Councilmember Dave Thune Councilmember Chris Tolbert Wednesday, October 15, 2014 3:30 PM Council Chambers - 3rd Floor Public Hearings at 5:30 p.m. ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 AO 14-56 Amending the 2014 budget of the CDBG Federal Grants Fund. Attachments: 2014Attachment A CDBG AO 9-30-14 CONSENT AGENDA Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 2 RES Approving the Settlement Agreement and Release between the City of 14-1759 Saint Paul and Mee Vang and Bee Moua and their attorney, Jerome R. Klein. Sponsors: Lantry Attachments: Settlement Agreement and Release (executed).pdf Financial Analysis.xls Administrative Code 3.02.pdf 3 RES Approving payment in the amount of $8,695.86 in full settlement of the 14-1779 claim of Trover Solutions, as agent of Auto-Owners Insurance Company as subrogee of Doug Parish. Sponsors: Lantry Attachments: resolution PD release c140125 financial analysis City of Saint Paul Page 1 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 4 RES Approving payment in the amount of $14,341.55 in full settlement of the 14-1780 claim of Carlson & Associates on behalf of American Family Insurance Company as subrogee of Bella Bee Yang. Sponsors: Lantry Attachments: Resolution PD Release c130076 financial analysis 5 RES Preliminary Order setting the date of Public Hearing for November 5, 14-1686 2014 to consider approval of the 2015 Right-of-Way Maintenance Program and 2015 Above-Standard Lighting Operation and Maintenance Program. (File No. 15ROW FINAL) Sponsors: Lantry Attachments: 2015 Description of Services and Assessment Rates Asmt Roll 01-28-23-11-0001 to 09-28-23-13-0092 Asmt Roll 09-28-23-13-0093 to 22-29-23-23-0020 Asmt Roll 22-29-23-23-0021 to 29-29-23-13-0031 Asmt Roll 29-29-23-13-0032 to 36-29-23-44-0004 6 RES Approving the City's cost of providing Boarding and/or Securing services 14-1733 during July 2014, and setting date of Legislative Hearing for November 4, 2014 and City Council Public Hearing for January 21, 2015 to consider and levy the assessments against individual properties. (File No. J1501B, Assessment No. 158100) Sponsors: Lantry Attachments: Report of Completion Assessment Roll 7 RES Approving the City’s cost of providing Collection of Certificate of 14-1736 Occupancy Fees billed April 22 to June 13, 2014, and setting date of Legislative Hearing for November 18, 2014 and City Council Public Hearing for January 21, 2015 to consider and levy the assessments against individual properties. (File No. CRT1502, Assessment No. 158201) Sponsors: Lantry Attachments: Report of Completion Assessment Roll City of Saint Paul Page 2 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 8 RES Approving the City's cost of providing Collection of Certificate of 14-1737 Occupancy Fees billed June 16 to July 11, 2014, and setting date of Legislative Hearing for November 18, 2014 and City Council Public Hearing for January 21, 2015 to consider and levy the assessments against individual properties. (File No. CRT1503, Assessment No. 158202) Sponsors: Lantry Attachments: Report of Completion Assesment Roll 9 RES Approving the City’s cost of providing Demolition services during May 14-1739 and June 2014, and setting date of Legislative Hearing for November 18, 2014 and City Council Public Hearing for January 21, 2015 to consider and levy the assessments against individual properties. (File No. J1501C, Assessment No. 152000) Sponsors: Lantry Attachments: Report of Completion Assessment Roll 10 RES Changing the rate of pay for the classification of DSI Fire Safety 14-1783 Inspector III, occ code 461B, from Grade 042 to Grade 42L, in the AFSCME Technical, EG 02 Salary Schedule. Sponsors: Lantry Attachments: Financial Analysis - DSI Fire Safety Inspector III to Grade 42L 11 RES Authorizing the Department of Parks and Recreation to apply for funding 14-1728 through the Conservation Partners Legacy grant program to enhance floodplain forest habitat at Hidden Falls Regional Park, and, if successful, enter into an agreement providing indemnification for the Minnesota Department of Natural Resources. Sponsors: Tolbert 12 RES Authorizing the renaming of Western Park to Western Sculpture Park. 14-1742 Sponsors: Thao 13 RES Authorizing the Department of Parks and Recreation to enter into an 14-1743 agreement, which includes a promise of indemnification, with the Minnesota State Fair for storage space. Sponsors: Lantry Attachments: 2014-2015 Minnesota State Fair Storage License Agreement 20140925.pdf City of Saint Paul Page 3 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 14 RES Approving the application with conditions, per the Deputy Legislative 14-1741 Hearing Officer, to add an Entertainment A license to the existing Wine On Sale and Malt On Sale (Strong) licenses, for La Cabana Restaurant Inc. (I.D. #20040004015), d/b/a La Cabana Restaurant at 863 7th Street East. Sponsors: Lantry Attachments: Minutes Conditions Affidavit Letter of Objection Application Floor Plan Aerial Photo Street Photos STAMP Activity Police Incident Report 15 RLH OA Making recommendation to Ramsey County on the application of Todd 14-26 A. Kormanik for repurchase of tax forfeited property at 536 CLAY STREET. Sponsors: Thune Attachments: 536 Clay St.repurchase application.9-24-14 536 Clay St.Photos.8-27-14 536 Clay St.VBRF and Plan.9-6-13 536 Clay St.STAMP Run.9-24-14 Repurchase Letters - 535 Clay St and 1075 Stinson St.9-30-14 16 RLH OA Making recommendation to Ramsey County on the application of 14-27 Nationstar Mortgage LLC for repurchase of tax forfeited property at 1075 STINSON STREET. Sponsors: Thao Attachments: 1075 Stinson St.repurchase application.9-24-14 1075 Stinson St.STAMP Run.9-24-14 1075 Stinson St.Sale Review Info.4-3-14 1075 Stinson St.Code Compliance Rep 3-11-14 Repurchase Letters - 535 Clay St and 1075 Stinson St.9-30-14 FOR DISCUSSION No items City of Saint Paul Page 4 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 ORDINANCES An ordinance is a city law enacted by the City Council. It is read at four separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Legal Ledger. Public hearings on ordinances are held at the third reading. Second Reading 17 Ord 14-42 Memorializing City Council action granting the application of TCB Properties LLC to rezone property at 1599 - 1605 Rice Street from B3 General Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. Sponsors: Brendmoen 18 Ord 14-43 Memorializing City Council action granting the application of Gregory and Michelle Sutton and James Morelli to rezone property at 637 Bedford Street and 535 Tedesco Street from RT1 Residential and B3 General Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held September 17, 2014) Sponsors: Brendmoen Attachments: Ordinance SUSPENSION ITEMS RES Approving a policy providing paid parental leave to eligible employees. 14-1845 (To be laid over one week for adoption) Sponsors: Thao and Tolbert Attachments: PAID PARENTAL LEAVE POLICY PUBLIC HEARINGS (Public Hearings will begin at 5:30 p.m.) 19 Ord 14-39 Creating Chapter 373 of the Saint Paul Legislative Code pertaining to Transportation Network Companies. Sponsors: Lantry 20 Ord 14-40 Amending Chapter 310 of the Saint Paul Legislative Code to add a license fee for Transportation Network Companies. Sponsors: Lantry Attachments: Section 310.18 (f) Enforcement Level 6 - Transportation Network Companies City of Saint Paul Page 5 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 21 Ord 14-41 Creating Chapter 200A of the St. Paul Legislative Code to require that private or public groups organized to care for stray, homeless, relinquished, or abandoned dogs and cats reduce unnecessary euthanasia. Sponsors: Lantry Attachments: Carter letter re CAPA Chagrin letter re CAPA 22 RES PH Approving the application of Podium Sports Marketing for a sound level 14-284 variance in order to present announcements and the use of microphones at Shepard Road and Washington Street, and at Upper Landing Park, for the Turkey Trot Saint Paul on Thursday, November 27, 2014 from 7:15 a.m. to 11:30 a.m. Sponsors: Thune Attachments: Application ENS Map Notice to District Council Notice to Property Owners List of Property Owners Letter to Applicant 23 RES PH Approving the application of Sandy Schwarz, Manager of Wild Tymes, 14-289 for a sound level variance in order to present live music on stage from 1:00 p.m. until 5:00 p.m. on October 19, 2014 on the patio at 33 Seventh Place West. Sponsors: Thune Attachments: Application ENS Map Notice to District Council Notice to Property Owner List of Property Owners Wild Tymes Yellow Ribbon.Ltr to Applicant City of Saint Paul Page 6 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 24 RES PH Approving the application of Team Ortho Foundation for a sound level 14-292 variance in order to allow the use of a mobile stage, DJ, and speakers from 7:30 a.m. to 8:30 a.m. at Cathedral Hill Park; and to allow the use of speakers from 8:00 a.m. to 9:00 a.m. on Summit Avenue, from 400 feet east of Nina to Selby, for the Monster Dash 2014 Pre-Race Gathering and Race Start on October 25, 2014. Sponsors: Thao Attachments: Application ENS Map Notice to District Council Notice to Property Owners List of Property Owners Letter to Applicant 25 RES PH Approving the application of Team Ortho Foundation for a sound level 14-293 variance in order to allow the use of speakers from 9:00 a.m. to 12:30 p.m. on Shepard Road from Washington to Eagle, and from 8:00 a.m. to 12:30 p.m. on Eagle Parkway from Shepard to Chestnut; and for the use of a mobile stage, band, and speakers from 8:00 a.m. to 2:30 p.m. at Upper Landing Park, Shepard and Eagle, for the Monster Dash 2014 Finish Area on October 25, 2014. Sponsors: Thune Attachments: Application ENS Map Notice to District Council Notice to Property Owners List of Property Owners Letter to Applicant City of Saint Paul Page 7 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 26 RES PH Approving the application of Team Ortho Foundation for a sound level 14-294 variance in order to allow the use of a mobile DJ with speakers from 9:00 a.m. to 10:30 a.m. at Rice Park for the Monster Dash 2014 5K Event on October 25, 2014. Sponsors: Thune Attachments: Application ENS Map Notice to District Council Notice to Property Owners List of Property Owners Letter to Applicant 27 RES PH Approving the application of Team Ortho Foundation for a sound level 14-297 variance in order to use a mobile DJ with speakers on Shepard Road between Homer and Elway Streets, for the Team Ortho Foundation Monster Dash 10-Mile Finish Area on Saturday, October 25, 2014 from 9:00 a.m. to 11:30 a.m. Sponsors: Thune Attachments: Application ENS Map Notice to District Council Notice to Property Owners List of Property Owners Letter to Applicant Objection from James Jardine 28 RES PH Ratifying the assessment for the Central Corridor Light Rail Transit 14-275 Project - Downtown. (File No. 19083, Assessment No. 102000) Sponsors: Thune Attachments: Assessment Roll Howard Roston Letter MPR Letter City of Saint Paul Page 8 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 29 RES PH Ratifying the assessment for the Central Corridor Light Rail Transit 14-276 Project - University Avenue. (File No. 19082, Assessment No. 101000) Sponsors: Stark and Thao Attachments: Assessment Roll Hing Objection Letter Ung Objection Letter Nikolai Alenov letter re Light Rail assessments 2014 Bowen letter re University Ave assessments Wendy's Letter Minnesota Commercial Railway Letter 30 RES PH Approving adverse action against the Auto Repair Garage license held 14-295 by Fredy Auto Repair, LLC, d/b/a Fredy Auto Repair at 931 Atlantic Street. Sponsors: Bostrom Attachments: Notice of Council Hearing with Affidavit of Service.pdf Uncontested License Matter Form.pdf License Group Comments Text dated September 9th 2014.pdf License Condition Affidavit dated April 8th 2009.pdf Site Plan dated July 20th 2010.pdf Photographs taken on August 28th 2014.pdf Notice of Violation with License Condition Affidavit and Affidavit of Service.pdf Letter requesting a public hearing dated September 19th 2014.pdf SPLC 310.05 (m).pdf 31 RES PH Approving adverse action against the Auto Body Repair/Painting Shop 14-296 license held by Safe Auto Body Shop at 931 Atlantic Street. Sponsors: Bostrom Attachments: Notice of Council Hearing with Affidavit of Service.pdf Uncontested License Matter Form.pdf License Group Comments Text dated September 9th 2014.pdf Signed License Condition Affidavit dated February 11th 2008.pdf Site Plan dated July 20th 2010.pdf Photographs taken August 28th 2014.pdf Notice of Violation with License Condition Affidavit and Affidavit of Service.pdf Note requesting a public hearing dated September 24th 2014.pdf SPLC 310.05 (m).pdf City of Saint Paul Page 9 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 32 PH 14-15 Public hearing to consider the report of the Administrative Law Judge concerning all licenses held by RAS Ethiopian Bar & Restaurant, d/b/a RAS Restaurant & Lounge at 2516 Seventh Street West. Sponsors: Tolbert Attachments: Notice of Council Hearing with Affidavit of Service.pdf ALJ Report dated September 26th 2014.pdf 33 APC 14-5 Public hearing to consider the appeal of Summit Avenue Residential Preservation Association to a decision of Planning Commission to approve a conditional use permit at 344 Summit Avenue. Sponsors: Thune Attachments: ZF 14-331-173 SARPA Appeal Deadline for Action Extension Letter PC Resolution 14-57 PC Draft Minutes 09-05-14 Approved Zoning Committee Minutes 08-28-14 Zoning Committee Packet 08-28-14 Alisa Lein letter opposing CUP Lentz letter opposing CUP Richardson support of appeal SPACC Letter to Thune supporting CUP SPACC Letter to Zoning Committee supporting CUP Eric Lein opposition to CUP Richardson Email to Ward 2 Westermeyer Email 34 APC 14-6 Public hearing to consider the appeal of Donald Buckrey to a decision of the Planning Commission denying a change of nonconforming use permit for auto repair and outdoor auto sales at 1176 Dale Street. Sponsors: Brendmoen Attachments: Appeal materials Planning Commission resolution 14-54 Planning Commission minutes 09052014 Zoning Committee minutes 07312014 Zoning Committee minutes 08282014 Staff report packet 07312014 Staff report packet 08282014 Deadline for action extension letter City of Saint Paul Page 10 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 35 PH 14-18 Public hearing to consider the application of Greenway Holdings for preliminary and final plat approval for Luther Seminary Addition to create two (2) T1 Traditional neighborhood parcels. (Zoning File # 14-332-230) Sponsors: Stark Attachments: 14-332-320 Luther Seminary Plat Staff Report 14-332-320 Luther Seminary Application 14-332-320 Luther Seminary Preliminary Plat 14-332-320 Luther Seminary Final Plat Luther Campus Boundary Change Approval 9-30-14 36 PH 14-19 Public hearing to consider the application of James Erchul (Dayton's Bluff Neighborhood Housing Services) for preliminary plat approval for Village on Rivoli Addition. (Zoning File # 14-289-411) Sponsors: Brendmoen Attachments: 14-289-411 Staff report 14-289-411 Application packet 14-289-411 Preliminary Plat 09032014 37 RES PH Modifying Area 1 Residential Permit Parking. 14-285 Sponsors: Thao Attachments: area1_071613 CurrentMap area1_091014 8Proposed Map 38 RES PH Ratifying the assessment for installation of a fire protection system, as 14-274 requested by Dayna Frank, for 1601 University Avenue West. (File No. FP2014-01, Assessment No. 147100) Sponsors: Stark Attachments: Assessment Roll 39 RES PH Ratifying the assessments for Replacement of Lead Water Service Line 14-231 on Private Property from April to June 2014. (File No. 1403LDSRP, Assessment No. 144002) Sponsors: Lantry Attachments: Assessment Roll 40 RES PH Ratifying the assessments for Repair of Sanitary Sewer on Private 14-232 Property from April to June 2014. (File No. SWRP1403, Assessment No. 143002) Sponsors: Lantry Attachments: Assessment Roll City of Saint Paul Page 11 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 41 RES PH Final Order approving the completion of the city sidewalk on the north 14-236 side of St. Anthony Avenue between North Western Avenue and Ravoux Street. (File No. S1503, Assessment No. 155303) Sponsors: Thao Attachments: Assessment Roll 42 RES PH Final Order approving the completion of the city sidewalk on the south 14-235 side of Brewster Street between Gibbs and Fifield, and the east side of Fifield Street between Brewster and Como. (File No. S1502, Assessment No. 155302) Sponsors: Stark Attachments: Assessment Roll 43 RES PH Amending the financing and spending plans in the Fire Department in 14-291 the amount of $42,195 for a contribution received from the Minnesota Board of Firefighter Training and Education to pay for training for firefighters. Sponsors: Lantry Attachments: MBFTE Financial Analysis $42,195 MBFTE Letter $42,195 44 RES PH Amending the financing and spending budgets in the Department of Fire 14-299 and Safety in order to fully fund the $25,000 replacement of the Fire Station #14 concrete apron located at 111 Snelling Avenue North. Sponsors: Lantry Attachments: RES PH 14-299 Financial Analysis 45 RES PH Accepting $100,000 in grant funds from Saint Paul Children's 14-288 Collaborative awarded to the Department of Parks and Recreation to support youth in Right Track jobs, and amending the 2014 adopted budget accordingly. Sponsors: Tolbert Attachments: Childrens Collaborative Grant.xls 46 RES PH Amending the 2014 budget in the amount of $9,000,000 to accept a 14-303 grant from the State of Minnesota for the renovation of the Twin Cities Public Television Building; and approving and authorizing execution of State Grant Agreement and related documents, Ground Lease, Lease/Use Agreement and related documents, and an amended Cultural STAR Grant Agreement, Ward 2, District 17. Sponsors: Thune Attachments: Attachment A Res PH14-303(TPT StateBonding) City of Saint Paul Page 12 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 47 RES PH Approving the establishment of the 2700 University at Westgate Station 14-300 Housing Tax Increment Financing District and approving the tax increment financing plan therefor. Sponsors: Stark Attachments: HRA St Paul 2700 University TIF PLAN 48 RES PH Reciting a proposal for a Housing Finance Program for a multi-family 14-301 rental housing development; giving preliminary approval to the project and the Program pursuant to Minnesota Statutes, Chapter 462C; authorizing the Housing and Redevelopment Authority to issue conduit housing revenue bonds; and authorizing the preparation of necessary documents and materials in connection with said project and Program (2700 University at Westgate Station Housing Project). Sponsors: Stark 49 RES PH Accepting Livable Communities Tax Base Revitalization Account and 14-298 LCDA Pre-Development Grants from the Metropolitan Council and Amending the 2014 Budget. Sponsors: Lantry and Thao Attachments: Attachment A Res 14- Barrera 50 RES PH Amending the financing and spending budgets in the Department of 14-157 Public Works in the amount of $835,208 in order to fully fund the Montreal Avenue Reconstruction project known as SU-1503005 and approved on Council File PH 12-22, and to add water and sewer financing to the project in the amount of $402,000. Sponsors: Lantry Attachments: Financial Analysis RES PH 14-157-REVISED LEGISLATIVE HEARING ITEMS REQUIRING DISCUSSION No items City of Saint Paul Page 13 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 LEGISLATIVE HEARING CONSENT AGENDA Note: Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired. 51 RLH VBR Appeal of Houa Yang to a Vacant Building Registration Renewal Notice 14-70 at 1126 ALBEMARLE STREET. Sponsors: Brendmoen Attachments: 1126 Albemearle St.appeal.9-15-14 1126 Albemarle St.email to Appellant re hearing date.9-17-14 1126 Albemarle St.Sale Review Ltr.7-2-14 1126 Albemarle St.Code Compliance Insp Rept.6-24-14 1126 Albemarle St.Condemnation Order.9-18-13 1126 Albemarle St.Yang Ltr.9-26-14 52 RLH SAO Appeal of Mary L. Murphy and Thomas M. Murphy to a Summary 14-18 Abatement Order at 15 BAKER STREET WEST. (Public hearing continued from September 17) (To be referred back to Legislative Hearing on January 13, 2015 and City Council Public Hearing on January 21, 2015) Sponsors: Thune Attachments: 15 Baker St W.appeal.6-10-14 15 Baker St W.Appealing Statement.6-17-14 15 Baker St W and 642 Hall Ave.Attorneys Info.6-17-14 15 Baker St W.Murphy Ltr.6-19-14 15 Baker St W.Photo.8-5-14 15 Baker St W and 642 Hall Ave.Attorneys Ltr.8-8-14 642 Hall Ave and 15 Baker St W.Chain Emails.9-22-14 53 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project 14-527 No. J1412B, Assessment No. 148111 at 30 BAKER STREET EAST. Sponsors: Thune Attachments: 30 Baker St E.Res.Boarding.Boarding Invoice 6-16-14 30 Baker St E.Res.Boarding.Boarding Letter 7-9-14 54 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project 14-510 No. J1412A, Assessment No. 148538 at 300 BANFIL STREET. Sponsors: Thune Attachments: 300 Banfil St.SAO.6-9-14 300 Banfil St.Photos.6-9-14 300 Banfil St.Photos.6-16-14 City of Saint Paul Page 14 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 55 RLH FCO Appeal of My Pham to a Fire Inspection Correction Notice at 650 BLAIR 14-141 AVENUE. Sponsors: Thao Attachments: 650 Blair Ave.appeal.9-12-14 650 Blair Ave.email to appellant re hearing date.9-12-14 650 Blair Ave.Pham Ltr.9-26-14 56 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project 14-512 No. J1412A, Assessment No. 148538 at 975 BRADLEY STREET. Sponsors: Brendmoen Attachments: 975 Bradley St.TGW Ltr.6-10-14 975 Bradley St.Photos.6-13-14 57 RLH VO Appeal of Bee Vue to a Revocation of Fire Certificate of Occupancy and 14-44 Order to Vacate at 397 CASE AVENUE. Sponsors: Brendmoen Attachments: 397 Case Ave.appeal.9-8-14 397 Case Ave.Photos.9-2-14 397 Case Ave.Photos.8-7-14 397 Case Ave.Photos.8-1-14 397 Case Ave.Photos.7-1-14 397 Case Ave.C of O Issuance Letter.1-17-14 397 Case Ave.Inspector Timeline 397 Case Ave.Shee and Vue Ltr.9-17-14 397 Case Ave.Owner Photos.9-16-14 397 Case Ave.Hedquist Bldg Inspection.9-12-14 397 Case Ave.Photos.9-24-14 397 Case Ave.Revocation Order.9-29-14 397 Case Ave.Ubl Email.9-30-14 397 Case Ave.Vue Ltr.10-3-14 397 Case Ave-Revocation of Fire C of O & Order to Vacate City of Saint Paul Page 15 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 58 RLH VO Appeal of Paw Eh Shee to a Revocation of Fire Certificate of 14-46 Occupancy and Order to Vacate at 397 CASE AVENUE. Sponsors: Brendmoen Attachments: 397 Case Ave.Appeal.9-5-14 397 Case Ave.Photos.9-2-14 397 Case Ave.Photos.8-7-14 397 Case Ave.Photos.8-1-14 397 Case Ave.Photos.7-1-14 397 Case Ave.C of O Issuance Letter.1-17-14 397 Case Ave.Shee and Vue Ltr.9-17-14 397 Case Ave.Photos.9-24-14 397 Case Ave.Revocation Order.9-29-14 397 Case Ave.Ubl Email.9-30-14 397 Case Ave.Vue Ltr.10-3-14 397 Case Ave-Revocation of Fire C of O & Order to Vacate 59 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project 14-520 No. VB1410A, Assessment No. 148816 at 537 CHARLES AVENUE. Sponsors: Thao Attachments: 535 and 537 Charles Ave.VB Warning Ltr.3-10-14 535-537 Charles Ave.Safe City Brochure.9-9-14 535-537 Charles Ave.emailing re hearing.9-9-14 60 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project 14-514 No. J1411P, Assessment No. 148410 at 83 DOUGLAS STREET. Sponsors: Thune Attachments: 83 Douglas St.Graffiti Order.6-9-14 83 Douglas St.Waiver.8-22-14 61 RLH VO Appeal of Rick Schoolmeesters to a Notice of Condemnation as Unfit for 14-52 Human Habitation and Order to Vacate at 1111 FOURTH STREET EAST. Sponsors: Lantry Attachments: 1111 Fourth St. E.appeal.9-24-14 1111 Fourth St. E.correction notice.9-17-14 1111 Fourth St E.Schoolmeesters Ltr.10-1-14 62 RLH TA Amending Council File RLH AR 14-60 to delete the assessment for 14-581 Trash Hauling services from May 3 to 23, 2014 at 432 FRONT AVENUE. (File No. J1410P, Assessment No. 148409) Sponsors: Thao City of Saint Paul Page 16 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 63 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project 14-488 No. J1412A, Assessment No. 148538 at 434 FRY STREET. Sponsors: Stark Attachments: 434 Fry St.CleanUp.SA 5-13-14 434 Fry St.Photos.6-2-14 64 RLH VBR Appeal of Sarah Schultz to a Vacant Building Registration Notice at 654 14-71 GOTZIAN STREET. Sponsors: Lantry Attachments: 654 Gotzian St.appeal.9-18-14 654 Gotzian St.email to appellant re hearing date.9-18-14 654 Gotzian St.Photos.9-5-14 654 Gotzian St.email from Appellant.9-22-14 654 Gotzian St.Hunter Ltr.9-26-14 65 RLH SAO Appeal of Roger Hodge to a Summary Abatement Order at 642 HALL 14-17 AVENUE. (Public hearing continued from September 17) (To be referred back to Legislative Hearing on January 13, 2015 and City Council Public Hearing on January 21, 2015) Sponsors: Thune Attachments: 642 Hall Ave.appeal.6-9-14 642 Hall.Photos.5-21-14 642 Hall Aerial Photo.2011 15 Baker St W and 642 Hall Ave.Attorneys Info.6-17-14 642 Hall Ave.Hodge Ltr.6-19-14 642 Hall Ave.Engineering Proposal.8-5-14 642 Hall Ave.Photos.8-5-14 15 Baker St W and 642 Hall Ave.Attorneys Ltr.8-8-14 642 Hall Ave.King Ltr to LHO.9-18-14 642 Hall.Attorney Ltr.9-18-14.doc 66 RLH FCO Appeal of David Theobold to a Fire Inspection Correction Notice at 973 14-138 JESSAMINE AVENUE EAST. Sponsors: Bostrom Attachments: 973 Jessamine Ave. E.appeal.8-29-14 973 Jessamine Ave E.Photos.9-3-14 973 Jessamine Ave E.More Photos.9-3-14 973 Jessamine Ave E.Theobald Ltr.9-26-14 City of Saint Paul Page 17 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 67 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project 14-501 No. J1412A, Assessment No. 148538 at 268 LARCH STREET. Sponsors: Thao Attachments: 268 Larch St.Summary Abatement Order.6-6-14 268 Larch St.Photos.6-18-14 268 Larch St.Aerial Map.8-19-14 68 RLH VBR Appeal of Yan Chen to a Vacant Building Registration Notice at 1275 14-73 MACKUBIN STREET. Sponsors: Brendmoen Attachments: 1275 Mackubin St.appeal.9-23-14 1275 Mackubin St.email to Appellant re hearing.9-23-14 1275 Mackubin St.Photos.9-10-14 69 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project 14-525 No. J1411P, Assessment No. 148410 at 471 MARYLAND AVENUE WEST. Sponsors: Brendmoen Attachments: 471 Maryland Ave W.Res.Graffiti Abate Order.5-15-14 70 RLH FCO Appeal of John D. Lenzi to a Correction Notice-Complaint Inspection at 14-78 662 PAYNE AVENUE. Sponsors: Lantry Attachments: 662 Payne Ave.appeal.6-10-14 662 Payne Ave.Addendum Appeal Ltr.6-29-14 662 Payne Ave.Kaluzny Ltr.7-11-14 662 Payne Ave.Kaluzny Ltr.8-4-14 662 Payne Ave.Hollingsworth Ltr.9-17-14 71 RLH SAO Appeal of Claudia Speak to a Summary Abatement Order at 811 14-38 PORTLAND AVENUE. Sponsors: Thao Attachments: 811 Portland Ave.appeal.9-19-14 811 Portland Ave.Speak Ltr.10-1-14 72 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project 14-363 No. VB1409, Assessment No. 148813 at 1258 RICE STREET. (Amended to File No. VB1409A, Assessment No. 148822) Sponsors: Brendmoen Attachments: 1258 Rice St.VB Renewal Ltr.1-13-14 1258 Rice St.VB Warning Ltr.2-12-14 City of Saint Paul Page 18 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 73 RLH VBR Appeal of Vang Xiong to a Vacant Building Registration Renewal Notice 14-72 at 841 ROSE AVENUE EAST. Sponsors: Bostrom Attachments: 841 Rose Ave E.appeal.9-22-14 841 Rose Ave E.email to Appellant re hearing date.9-22-14 841 Rose Ace E.Photos.10-16-12 841 Rose Ave E.Xiong Ltr.10-2-14 74 RLH FCO Appeal of Gerd Bents to a Re-Inspection Fire Certificate of Occupancy 14-145 with Deficiencies at 777 SELBY AVENUE. Sponsors: Thao Attachments: 777 Selby Ave.appeal.9-19-14 777 Selby Ave.Photos.9-30-14 777 Selby Ave.Bents Ltr sent.10-2-14 777 Selby Ave.Bents Ltr.10-2-14 75 RLH CO Appeal of Endriash Hawaz, Ethiopian Evangelical Church, to a 14-10 Correction Notice at 770 SEVENTH STREET EAST. Sponsors: Lantry Attachments: 770 Seventh St E.appeal.8-15-14 770 7th St E.Photos.6-12-14 770 Seventh St E.Hawaz Ltr.9-17-14 76 RLH VBR Appeal of Robert Gotch to a Vacant Building Registration Notice at 931 14-67 SHERBURNE AVENUE. Sponsors: Thao Attachments: 931 Sherburne Avenue.appeal.9-8-14 931 Sherburne Ave.Photos.8-13-14 931 Sherburne Ave.Revocation Order.8-19-14 931 Sherburne Ave.Gotch Ltr.9-26-14 City of Saint Paul Page 19 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 77 RLH VO Appeal of Todd A. Erickson to a Revocation of Fire Certificate of 14-45 Occupancy and Order to Vacate at 2274 UNIVERSITY AVENUE WEST. Sponsors: Stark Attachments: 2274 University Ave W.appeal.9-8-14 2274 University Ave W.email to appellant re hearing date.9-8-14 2274 University Ave W.Photos.8-10-14 2274 University Ave W.Photos.7-18-14 2274 University Ave W.Photos.7-18-14 2274 University Ave W.Photos.8-19-14 2274 University Ave W.Erickson Ltr.9-18-14 2274 University Ave W.Revocation Order.9-29-14 2274 University Ave W.Photos.9-26-14 2274 University Ave W.More Photos.9-26-14 2274 University Ave W.Erickson Ltr.10-1-14 78 RLH OA Appeal of Gayle Gedstad and Barbara Ward to a Denial of an 14-23 Application for a Fence Variance at 1380 VICTORIA STREET NORTH. Sponsors: Brendmoen Attachments: 1380 Victoria St. N.appeal.9-17-14 1380 Victoria St. N.email to Appellant re hearing date.9-17-14 1380 Victoria St N.Fence Permit Denial Language.5-9-14 1380 Victoria St N.Owner Photos and Diagram.9-23-14 1380 Victoria St N.Gedstad Ltr.9-26-14 79 RLH VO Appeal of Barry M. Silver and Julie Silver to a Notice of Condemnation 14-51 as Unfit for Human Habitation and Order to Vacate at 795 WATSON AVENUE. Sponsors: Thune Attachments: 795 Watson Ave.appeal.9-23-14 795 Watson Ave.Silver Ltr.10-1-14 80 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project 14-526 No. J1411B, Assessment No. 148110 at 1145 WOODBRIDGE STREET. Sponsors: Brendmoen Attachments: 1145 Woodbridge St.Res.Boarding Invoice.pdg 1145 Woodbridge St.Owner Restoration Invoice.6-18-14 1145 Woodbridge St.Restoration Pro Owner submitted.5-5-14 1145 Woodbridge St.Travelers J. Insurance Invoice.7-8-14 1145 Woodbridge St.Owner Check paid.8-7-14 City of Saint Paul Page 20 Printed on 10/15/2014 City Council Meeting Agenda October 15, 2014 81 RLH AR Ratifying the assessments for Boarding and/or Securing services during 14-66 May 2014. (File No. J1411B, Assessment No. 148110) Sponsors: Lantry Attachments: Assessment Roll 82 RLH AR Ratifying the assessments for Boarding and/or Securing services during 14-67 June 2014. (File No. J1412B, Assessment No. 148111) Sponsors: Lantry Attachments: Assessment Roll 83 RLH AR Ratifying the assessments for Graffiti Removal services during June 14-68 2014. (File No. J1411P, Assessment No. 148410) Sponsors: Lantry Attachments: Assessment Roll 84 RLH AR Ratifying the assessments for Tree Removal services from July 2014. 14-69 (File No. 1410T, Assessment No. 149010) Sponsors: Lantry Attachments: Assessment Roll ADJOURNMENT Council Meeting Information The City Council is paperless which saves the environment and reduces expenses. The agendas and Council files are all available on the Web (see below). Councilmembers use iPads to review the files during the meeting. Using the iPad greatly reduces costs since most agendas, including the documents attached to files, are over 1000 pages when printed. Web Meetings are available on the Council's website. Email notification and web feeds (RSS) of newly released Minutes, Agendas and Meetings are available by subscription. Please visit www.stpaul.gov/council for meeting videos and updated copies of the Agendas, Minutes and supporting documents. Cable Meetings are live on St Paul Channel 18 and replayed on: Thursdays at 5:30 p.m., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change) City of Saint Paul Page 21 Printed on 10/15/2014
City Council — St. Paul, MN