City Council

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Council Chambers - 3rd Floor Minutes - Final Katie Burger, Executive Assistant, 651-266-8560 City Council Council President Russ Stark Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Rebecca Noecker Councilmember Jane L. Prince Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, May 4, 2016 3:30 PM Council Chambers - 3rd Floor Budget Amendment Public Hearings at 3:30 p.m. Public Hearings at 5:30 p.m. ROLL CALL The meeting was called to order by Council President Stark at 3:30 p.m. Councilmember Thao excused Present 6 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Chris Tolbert, City Council President Russ Stark, Councilmember Rebecca Noecker and Councilmember Jane L. Prince Absent 1 - Councilmember Dai Thao COMMUNICATIONS & RECEIVE/FILE 1 CO 16-24 Letters from the Department of Safety and Inspections declaring 953 Charles Avenue and 910 Sixth Street East as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Received and Filed 2 AO 16-41 Moving Year-Round Neighborhood STAR Funds. Received and Filed 3 AO 16-42 Authorizing the Saint Paul Public Library Agency to hold a volunteer recognition event. Received and Filed 4 AO 16-43 Authorizing the Police Department to reimburse expenses incurred by the assessors for the sergeant's exam. Received and Filed City of Saint Paul Page 1 City Council Minutes - Final May 4, 2016 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 Councilmember Bostrom moved approval of the Consent Agenda. Consent Agenda adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 5 RES 16-755 Approving the polling location and precinct boundary changes for the August 9, 2016 Primary Election and the November 8, 2016 General Election. Adopted 6 RES 16-692 Approving assessment costs and setting date of City Council public hearing to ratify the assessments for above standard street lighting and other improvements as needed along Snelling Avenue from Selby to Pierce Butler Route. (File No. 19179, Assessment No. 155100) Adopted 7 RES 16-712 Approving the City’s cost of providing Property Clean Up services from February 29 to March 29, 2016, and setting date of Legislative Hearing for June 7, 2016 and City Council public hearing for July 20, 2016 to consider and levy the assessments against individual properties. (File No. J1610A, Assessment No. 168526) Adopted 8 RES 16-713 Approving the City’s cost of providing Trash Hauling services from March 2 to 30, 2016, and setting date of Legislative Hearing for June 7, 2016 and City Council public hearing for July 20, 2016 to consider and levy the assessments against individual properties. (File No. J1610G, Assessment No. 168710) Adopted City of Saint Paul Page 2 City Council Minutes - Final May 4, 2016 9 RES 16-715 Approving the City’s cost of providing Demolition services during December 2015 and January 2016, and setting date of Legislative Hearing for June 7, 2016 and City Council public hearing for July 20, 2016 to consider and levy the assessments against individual properties. (File No. J1607C, Assessment No. 162008) Adopted 10 RES 16-716 Approving the City’s cost of providing Demolition services during December 2015 and January 2016, and setting date of Legislative Hearing for June 7, 2016 and City Council public hearing for July 20, 2016 to consider and levy the assessments against individual properties. (File No. J1608C, Assessment No. 162009) Adopted 11 RES 16-717 Approving the City’s cost of providing Tree Removal services during March and April 2016, and setting date of Legislative Hearing for June 7, 2016 and City Council public hearing for July 20, 2016 to consider and levy the assessments against individual properties. (File No. 1605T, Assessment No. 169004) Adopted 12 RES 16-723 Approving the City’s cost of providing Replacement of Lead Water Service Line on Private Property during January through March 2016, and setting date of City Council public hearing for June 15, 2015 to consider and levy the assessments against individual properties. (File No. 1603LDSRP, Assessment No. 164002) Adopted 13 RES 16-724 Approving the City’s cost of providing Repair of Sanitary Sewer Line on Private Property during January through March 2016, and setting date of City Council public hearing for June 15, 2016 to consider and levy the assessments against individual properties. (File No. SWRP1603, Assessment No. 163002) Adopted 15 RES 16-754 Approving the Collective Bargaining Agreement (January 1, 2016 - December 31, 2017) between the City of Saint Paul and the Saint Paul Supervisors' Organization. Laid over to May 11 for adoption 14 RES 16-695 Approving the Memorandum of Agreement for the 2016 Wage and Fringe Adjustment between the City of Saint Paul and the Electrical Workers Local 110. Adopted City of Saint Paul Page 3 City Council Minutes - Final May 4, 2016 16 RES 16-766 Authorizing the Public Works Department to apply for a Recycling Partnership Grant to improve access to residential recycling systems. Adopted 17 RES 16-699 Authorizing the Department of Parks and Recreation to apply for a Great Urban Park Campaign: Green Infrastructure in Underserved Communities grant of up to $575,000 from the National Recreation and Park Association (NRPA) for the Trout Brook Nature Sanctuary project. Adopted 18 RES 16-708 Approving a subordination request in connection with a partial payment of claim transaction for University Dale Apartments, Ward 1, District 8. Adopted 19 RES 16-744 Authorizing the Police Department to enter into an agreement with the Minnesota State Agricultural Society for police services to be provided for the 2016 State Fair. Adopted 20 RES 16-729 Authorizing the Housing & Redevelopment Authority to loan the Public Works Department the cost for the West Side Flats Storm Water Study, less the money from grant funds. Adopted FOR DISCUSSION No items 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. First Reading 21 Ord 16-12 Granting the application of the Saint Paul Housing and Redevelopment Authority to rezone its property at 952 Farrington Street from B2 Community Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Legislative Code pertaining to the Saint Paul zoning map. Laid over to May 11 for second reading City of Saint Paul Page 4 City Council Minutes - Final May 4, 2016 BUDGET AMENDMENT PUBLIC HEARINGS (held during the 3:30 portion of the meeting) 22 RES PH 16-117 Authorizing the Department of Parks and Recreation to accept a $40,000 grant from Capital Region Watershed District for North Lake Como Restoration and authorizing an increase in the City’s Grant Fund Budget to reflect this funding. No one appeared in opposition; Councilmember Brendmoen moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 23 RES PH 16-116 Authorizing an increase in the Parks and Recreation Grant Fund Budget in the amount of $143,475 to reflect the multi-year Conservation Partners Legacy Grant, received from the State of Minnesota, for the Indian Mounds Regional Park Woodland Enhancement. No one appeared in opposition; Councilmember Prince moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao Council members shared good news from their wards. The Council recessed at 3:37 p.m. PUBLIC HEARINGS The Council reconvened for public hearings at 5:31 p.m. Councilmember Thao excused Present 6 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Chris Tolbert, City Council President Russ Stark, Councilmember Rebecca Noecker and Councilmember Jane L. Prince City of Saint Paul Page 5 City Council Minutes - Final May 4, 2016 Absent 1 - Councilmember Dai Thao 24 Ord 16-11 Amending Appendix G of the Legislative Code granting a five-year and five-month extension of the Energy Park Utility Company Franchise, held by the Saint Paul Port Authority, from February 28, 2031 to August 1, 2036 and to delete obsolete language regarding requirements that have been fulfilled. No one appeared in opposition; Council President Stark moved to close the public hearing. Public hearing held and closed; laid over to May 11 for final adoption Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 25 RES PH 16-120 Approving the application of the Ordway Center for a sound level variance in order to present live bands during the Flint Hills International Children’s Festival at Rice Park and Landmark Plaza from May 31 through June 5, 2016. No one appeared in opposition; Councilmember Noecker moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 26 RES PH 16-121 Approving the application of Uptempo Races for a sound level variance in order to present announcements and amplified music on Saturday, May 21, 2016 during the Fast & The Furry at Kelly’s Landing, Harriet Island. No one appeared in opposition; Councilmember Noecker moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao City of Saint Paul Page 6 City Council Minutes - Final May 4, 2016 27 APC 16-2 Public hearing to consider the appeal by Nova Classical Academy of a Planning Commission decision to uphold the Planning Administrator’s approval of changes to the Victoria Park Master Plan to allow a 49 ½ ft. high apartment building at 763 Kay Avenue. Bill Dermody, Planning and Economic Development, gave a staff report. He said the key question was whether the modifications in height and the change from townhomes to apartments were consistent with the Victoria Park Master Plan's intent. He reviewed the Planning Commission's findings in upholding the administrator's decision, and he reviewed the Master Plan history. He said the project still had to go through site plan approval, and the questions before the Council were the height and building type changes. In response to a question from Council President Stark, Mr. Dermody said the changes since the Master Plan was first adopted in 2005 included increase in open space, changes to the layout of the road network, and some changes to building type. Appellants: Eric Williams, Executive Director at Nova Classical Academy (1455 Victoria Way), appeared. He said they had always been in favor of developing the neighborhood and understood their existence was due to the first modification of the Master Plan. but current traffic patterns and street design didn't allow for high-density development. He said if the new goal was high density housing, there must be plans in place for increased traffic flow, school zone signage, dedicated crosswalks, and parking restrictions. He said Nova filed the appeal on its own behalf but the interests went hand in hand with making sure the neighborhood stayed viable. He referred to a letter in the packet from the Fort Road Federation. part of neighborhood. He said individual Planning Commissioners had commented at the December 1 meeting that Victoria Park should serve as a warning to the Ford site in terms of building heights being driven by economics, and that there was an 80% change from the Master Plan and those changes were piecemeal. He said there was still time to ensure Victoria Park was developed with its long term interests in mind into a thriving pedestrian-friendly urban village. He asked that the Council vote to reverse the Planning Commission's decision. He said Nova had 1000 students and 1000 on the waiting list, and they believed they would need to build capacity to meet needs of all children as required by new statute for charter schools. He said they would be constrained by the proposed building and driveway, and he hoped an independent traffic study would show that this density and traffic pattern didn't make sense for a school. He said he understood the plan had been changed but he felt in warranted a second look. The following spoke in support of the appellant: John Barb (444 Wheeler Street) Kimberly Dumitrica (2187 Berkeley Avenue) Naomi Kritzer (1305 Pinehurst Avenue) Theresa Nelson (1463 Blair Avenue) Applicant - Joe McElwain, developer manager and architect with Chase real estate, developer and owner of Victoria Park Apartments (740 Victoria Street), reviewed the results of traffic impact study conducted as part of the plan review process. He said the study results stated that all intersections were forecasted to operate acceptably with no significant changes in operation, and no roadway modifications were needed. He referred to a letter sent by Nova to Victoria Park residents and said they would not be adding over 100 cars to the neighborhood, and they would be providing more parking stall than required by code. He noted that the school didn't have any private parking City of Saint Paul Page 7 City Council Minutes - Final May 4, 2016 of their own, and could take measures to alleviate some of the existing traffic and safety concerns. He said in regards to the change from townhomes to apartments, the property had been zoned for housing since the original 2005 Master Plan, and the goals were for relatively high density and human scaled buildings. He said at the last zoning hearing they had withdrawn their conditional use permit for 49 feet and were now at a 45-foot tall building because they had set the building further back from Nova. He gave a brief history of the site from the Chase Real Estate perspective and noted the changes made to accommodate Nova. He said they did not find issue with being next to a school built with a minimal setback, and felt the current mix of property types was good for the neighborhood and consistent with the St. Paul Comprehensive Plan. He said they had been good neighbors to the school and had high standards for their property. He displayed some drawings. Councilmember Noecker moved to close the public hearing. Yeas – 6 Nays – 0 Councilmember Noecker thanked everyone who had taken time to come testify and who had taken time to engage with her on the issue. She said she shared the concerns about pedestrian safety and traffic issues but it was important to think about the question before the Council: the height variance and change from condo to apartments. She said the other concerns expressed would be addressed by the site plan later on, and she felt there were some serious concerns that had been raised. She said the two things she had been considering were the purpose of the Master Plan and whether the proposed changes substantively ran counter to the initial intent of that Plan. She said Master Plans were guidelines but also living documents, and there had been changes in this Master Plan, including a major modification which allowed Nova to exist. She said, as to the impact of the changes, this wasn’t about whether the building was built, but whether it was allowed to be higher and whether it could be apartments. She said the height was within the range the Plan called for and only added about 13 units. She said, as to the change to apartments vs. townhomes, the plan calls for mixed residential, and while it was true that most of the land had become apartments, there was still a lot of land to be developed. She said even with the change to apartments and the change in height, the total addition as just 37 units, and with parking be accommodated and the traffic study coming later, she didn’t think 37 additional units was enough to constitute a modification that was not in concert with the intent of the Master Plan. She said her motion was going to be to deny the appeal. She said it was important to think about the density we wanted in our City and the vibrancy it brought, ad to keep in mind that those things could be balanced in a safe way with the kind of planning that would happen with the site plan. Council President Stark said he would support the motion, and noted the criteria being considered was a minor change to the existing plan in that it was less than 10% of the land area of the whole plan. He said it was important in planning these larger areas such as Midway and Ford, that they got these issues right, but he felt the solutions to some of the issues Nova raised could be found within the school and how it operated. He said part of what created a pedestrian friendly place was lots of people. He said it was true more development would bring more cars, but this was always going to be a pretty heavily developed area. Councilmember Prince said she would support motion because agree that the question before us was met by the decision of the Planning Commission. She said Nova was a great educational asset in St. Paul, and she was pleased to see Chase was making some modifications in terms of adding a courtyard next to the school. She said there was an opportunity, during the site plan review process, for Chase and Nova to work together to accommodate some of the concerns that had been raised, and she was sure City staff could help with that. Councilmember Bostrom said it appeared that the Master Plan had been changed in City of Saint Paul Page 8 City Council Minutes - Final May 4, 2016 about 80% of the projects and it didn’t seem to him didn't give a lot of comfort to the folks that came in early. He said it shouldn’t be called a Master Plan but just a master suggestion since it could be changed so easily. He said he would support the motion since the Council member in that area was supporting it, but that was his comment. Council President Stark said it was important to remember that the school was one of those major modifications to the plan, but Councilmember Bostrom’s point was well taken. He said the reality with some of these areas was that the market changed dramatically from the original plan in 2005, and sometimes you had to adjust. Motion of Intent - Appeal denied Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 28 RES PH 16-108 Ratifying the assessment for improvement of the sidewalk at 1759 Selby Avenue. (File No. S1601, Assessment No. 165301) No one appeared in opposition; Council President Stark moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 29 RES PH 16-109 Ratifying the assessment for improvement of the sidewalk at 187 Geranium Avenue West. (File No. S1602, Assessment No. 165302) No one appeared in opposition; Councilmember Brendmoen moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao City of Saint Paul Page 9 City Council Minutes - Final May 4, 2016 30 RES PH 16-100 Ratifying the assessment for replacement of sanitary sewer services within the right-of-way as part of the Maryland Avenue at Payne Avenue reconstruction project. (File No. 19178C2, Assessment No. 166006) No one appeared in opposition; Councilmember Bostrom moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 31 RES PH 16-126 Approving and authorizing the execution of development agreements and loan/grant agreements for Model Cities Brownstone Residential and Commercial Projects, execution of a business subsidy agreement for the Commercial Project, and execution of documents relating thereto. (District 7, Ward 1) No one appeared in opposition; Councilmember Brendmoen moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao City of Saint Paul Page 10 City Council Minutes - Final May 4, 2016 32 RES PH 16-69 Modifying Residential Permit Parking Area 18 for the Cleveland Avenue Bicycle Project. Council President Stark gave a brief overview; he said part of the information applied to Permit Parking Area 17 as well. He said the proposed changes came about as a result of the proposed Cleveland Avenue bike lanes and feedback around the impacts on businesses in the area. He reviewed the changes. Councilmember Prince said ordinance required that if the City initiated changes to a permit parking zone it needed to go through the District Councils. She asked whether the resolution had gone before the District Council . Council President Stark said the District Council was involved in promoting meetings around the Cleveland Avenue bikeway and and the recommendations had been out there for discussion. he said he had hosted a meeting two weeks before with neighbors wanting to talk about the issue. He said in consultation with the City Attorney's Office it was their belief that it met the spirit of that action, which was to get community feedback. Deputy City Attorney Gerald Hendrickson concurred. Councilmember Prince said the ordinance seemed really clear about it. In opposition: Dennis Casey (98 N. Cleveland) said he didn't object, but didn't think the Council was going far enough. he expressed concern about students misusing guest parking permits. William Casey (1882 Selby Avenue) reiterated those concerns, and asked for stronger parking enforcement. In support: John Thompson (128 Cleveland Avenue) Council President Stark moved to close the public hearing. Yeas - 6 Nays - 0 Council President Stark thanked people for coming and testifying. He said it was quite a process trying to juggle all the various needs for parking in the neighborhood. He noted that there were representatives from St. Thomas present and said the permit parking in the area had been established In response to the increased demand for parking due to activities at St. Thomas. He said the third party that often got left out of the equation was the small businesses stuck between the permit parking districts and students taking up almost every available spot that wasn’t in a permit parking district. He said he felt that was probably a mistake from the beginning and they were trying to rectify that by allowing customer parking on some blocks. In response to questions raised about the existing permit system, he said the City was underway with a study of the permit parking system overall with the intention of trying to fix some of those problems. He moved to approve the resolution and said he felt it was the best balanced approach they'd been able to come up with to meet the competing needs.. Councilmember Prince said she objected to the process they were using, because Section 164.13 of the permit parking ordinance it was very prescriptive that the traffic engineer should report on the proposed changes to the district councils. She said even of she overcome the fact that several public meetings were held under the auspices of the district council as a basis for getting past the required public hearing required by ordinance, any objections raised going forward could overturn the Council’s action. She said, as an attorney, she had represented in a similar situation in which an amendment to a permit parking zone was thrown out because the City didn’t follow its own process. She suggested that the item be laid over, or she could City of Saint Paul Page 11 City Council Minutes - Final May 4, 2016 just vote no, but the ordinance was very clear. Council President Stark said they’d had the meeting two weeks before where they’d invited everyone from the districts to participate, and a traffic engineer was there and was an integral part of making this recommendation. He said he’d had conversations with the district councils about whether they wanted to run the process. He said it made sense to them and to him that he host the meeting because he was so deeply involved in the issue and would be present at the Council meeting to help decide the outcome. He said the district council hadn't objected to the process, and if they had, he would agree with Councilmember Prince. He said he felt they’d actually gone above and beyond what a normal process might be. Councilmember Prince reiterated her concerns, and said based on her experience she didn’t feel the Council should be fast and loose with this very prescriptive ordinance. Council President Stark said he felt that was an overstatement. Councilmember Brendmoen said she understood that the City Attorney’s office had been consulted and thought the process qualified. Councilmember Noecker asked whether it might be helpful to have something in writing for the traffic engineer to the district council on the record. Deputy City Attorney Gerald Hendrickson said it never hurt to have it in writing, but he didn’t know that that meant they needed to delay what they were doing. He said he was not involved in the question of the district councils but was involved in questions of the notice provisions. He said the traffic engineer had issued a verbal report and it would not be a bad idea to have it in writing. Councilmember Noecker asked whether the Council could proceed that night with a friendly amendment to request a written report from the traffic engineer confirming their position. Council President Stark said he was sure the traffic engineer would be happy to provide that. Mr. Hendrickson said it wasn’t strictly a part of the record but would satisfy the people at the Council table. Council President Stark pointed out that the people present hadn’t expressed a problem with the process. Councilmember Prince said the reason she had looked it up was that she had received questions about one of the ones coming up on Cleveland, and she responded that under the ordinance there had to be a public hearing at the district council. Councilmember Bostrom echoed Councilmember Prince’s concerns, and said this came back to an earlier conversation about the Comprehensive Plan - was it a plan or was it a suggestion. He said did this ordinance mean what it said or was it just a suggestion. He said if there was a challenge they should be working within the letter if the law. Council President Stark said to his eyes they went above and beyond the requirement and had the policy makers sit in the community at a meeting facilitating a discussion among the affected folks, which was much more direct access than a district council conversation. Councilmember Noecker said she agreed they went above and beyond, but she wanted to make sure this happened and wasn’t challengeable because the letter of the law wasn’t met but the spirit of the law was exceeded. She said if they could have it in writing that the traffic engineer and the district council were in support it would alleviate some concerns about later challenges. Adopted Yea: 4- Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark and Councilmember Noecker Nay: 2- Councilmember Bostrom and Councilmember Prince Absent: 1- Councilmember Thao City of Saint Paul Page 12 City Council Minutes - Final May 4, 2016 33 RES PH 16-137 Modifying Residential Permit Parking Area 17 for the Cleveland Bicycle Project. (Public hearing continued from May 4) Council President Stark said this was similar back story, but different area, with similar proposed changes. He said based on further feedback from a recent community meeting, he would be bringing forward additional changes, and the public hearing would be continued to June 15 to allow for 30 days' notice of the changes. He reviewed the changes. In opposition: Steven Strand (226 N. Wilder Street) Sarah Clysdale (2041 Selby Avenue) Mike Wilson (2053 Dayton Avenue) Brian Bergson (2047 Dayton Avenue In support: John and Sue Mollner (2062 Marshall Avenue) Council President Stark moved to continue the public hearing to June 15. He thanked folks who had testified, and said it was similar feedback but some different specific concerns. He said his observation was that going around that block was already the pattern when people couldn't find parking in front of the businesses on Marshall. He noted that they were trying to work with Metro Transit to move the bus stop at Marshall and Cleveland to the north side of the intersection. He thanked Mr. Bergson particularly for coming down and sharing his concerns and for his service to the community. He said his Legislative Aide had been working with Mr Bergson and he guaranteed they'd get a disability parking space in front of Mr. Bergson's house. Public hearing continued to June 15 Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 34 RES PH 16-128 Approving a schedule of charges for street restoration work. No one appeared in opposition; Councilmember Brendmoen moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao City of Saint Paul Page 13 City Council Minutes - Final May 4, 2016 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 No one appeared in opposition; Councilmember Prince moved to close the public hearing and approve the Legislative Hearing Consent Agenda as amended. Legislative Hearing Consent Agenda adopted as amended Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 35 RLH TA 16-90 Ratifying the Appealed Special Tax Assessment for Property at 1058 ARCADE STREET. (File No. J1606E, Assessment No. 168305) (Amended to File No. J1606E1, Assessment No. 168319) Adopted as amended (amended to change file number and to delete assessment) 36 RLH FCO 16-49 Appeal of Josephine Macey Daly to a Fire Inspection Correction Notice at 1817 ASHLAND AVENUE. Public hearing continued to May 18 37 RLH TA 16-138 Deleting the Appealed Special Tax Assessment for Property at 860 BEECH STREET. (File No. VB1607, Assessment No. 168806) Adopted 38 RLH FCO 16-44 Appeal of Cal Prince to a Fire Inspection Correction Notice at 908 BEECH STREET. Adopted 39 RLH CO 16-9 Appeal of David Harvieux to a Correction Notice at 597 BLAIR AVENUE. Adopted 40 RLH SAO 16-10 Appeal of Paul Garding to a Vehicle Abatement Order at 338 BURGESS STREET. Adopted City of Saint Paul Page 14 City Council Minutes - Final May 4, 2016 41 RLH TA 16-144 Ratifying the Appealed Special Tax Assessment for Property at 1127 BURNQUIST STREET. (File No. J1607A, Assessment No. 168506) Adopted 42 RLH TA 16-126 Ratifying the Appealed Special Tax Assessment for Property at 662 BURR STREET. (File No. J1607A, Assessment No. 168506) Adopted 43 RLH TA 16-127 Ratifying the Appealed Special Tax Assessment for Property at 993 BURR STREET/447 JENKS AVENUE. (File No. J1607A, Assessment No. 168506) Adopted 44 RLH TA 16-153 Ratifying the Appealed Special Tax Assessment for Property at 971 CENTRAL AVENUE WEST. (File No. J1607A, Assessment No. 168506) Adopted 45 RLH TA 16-141 Ratifying the Appealed Special Tax Assessment for Property at 86 CONGRESS STREET. (File No. J1607A, Assessment No.168506) Adopted 46 RLH VBR 16-21 Appeal of Charles Kirk to a Vacant Building Registration Requirement at 1089 COOK AVENUE EAST. Adopted 47 RLH TA 16-146 Ratifying the Appealed Special Tax Assessment for Property at 25 ELIZABETH STREET EAST. (File No. VB1607, Assessment No. 168806) Adopted 48 RLH TA 16-205 Amending Council File RLH AR 15-73 to delete the assessment for Graffiti Removal services from May 21 to July 3, 2015 at 226 GROTTO STREET NORTH. (File No. J1601P, Assessment No. 168400) Adopted 49 RLH TA 16-154 Deleting the Appealed Special Tax Assessment for Property at 992 HATCH AVENUE. (File No. VB1607, Assessment No. 168806) Adopted City of Saint Paul Page 15 City Council Minutes - Final May 4, 2016 50 RLH TA 16-152 Deleting the Appealed Special Tax Assessment for Property at 2164 HAWTHORNE AVENUE EAST. (File No. VB1607, Assessment No. 168806) Adopted 51 RLH TA 16-156 Ratifying the Appealed Special Tax Assessment for Property at 651 IVY AVENUE EAST. (File No. J1607G, Assessment No. 168706). Adopted 52 RLH TA 16-149 Ratifying the Appealed Special Tax Assessment for Property at 899 JENKS AVENUE. (File No. CRT1607, Assessment No. 168206) Adopted 53 RLH FCO Appeal of Robert Stein to a Correction Notice - Complaint Inspection 15-112 at 332 JESSAMINE AVENUE EAST. Public hearing continued to May 18 54 RLH RR 16-8 Ordering the rehabilitation or razing and removal of the structures at 595 JESSAMINE AVENUE EAST within fifteen (15) days after the March 16, 2016, City Council Public Hearing. Referred to Legislative Hearings on May 10; Council public hearing continued to June 1 55 RLH FCO 16-50 Appeal of Cziasarh N. Yang, United Home Healthcare, to a Rescheduled Per Request Fire Inspection Correction Notice at 506 KENNY ROAD. Adopted 56 RLH RR 16-11 Ordering the rehabilitation or razing and removal of the structures at 1698 LAFOND AVENUE within fifteen (15) days after the April 6, 2016, City Council Public Hearing. (Public hearing continued from April 6 and May 4) Referred to Legislative Hearings on May 10 57 RLH TA 16-124 Ratifying the Appealed Special Tax Assessment for Property at 745 MANOMIN AVENUE. (File No. J1607A, Assessment No. 168506) Adopted 58 RLH TA 16-132 Deleting the Appealed Special Tax Assessment for Property at 1079 MARYLAND AVENUE EAST. (File No. J1607A, Assessment No. 168506) Adopted City of Saint Paul Page 16 City Council Minutes - Final May 4, 2016 59 RLH TA 16-128 Ratifying the Appealed Special Tax Assessment for Property at 1409 MECHANIC AVENUE. (File No. J1607A, Assessment No. 168506) Adopted 60 RLH VO 16-16 Appeal of Edward Hamernik to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 383 MICHIGAN STREET. Adopted 61 RLH TA 16-148 Ratifying the Appealed Special Tax Assessment for Property at 544 MINNEHAHA AVENUE WEST. (File No. VB1607, Assessment No. 168806; amended to File No. VB1607B, Assessment No. 168817) Referred to Legislative Hearings on May 21; Council public hearing continued to July 6 62 RLH CO 16-11 Appeal of Jenneh Matthews to a Correction Notice at 1036 MINNEHAHA AVENUE WEST. Adopted 63 RLH TA 16-147 Deleting the Appealed Special Tax Assessment for Property at 1438 PASCAL STREET NORTH. (File No. VB1607, Assessment No. 168806) Adopted 64 RLH TA 16-160 Deleting the Appealed Special Tax Assessment for Property at 676 RIVOLI STREET. (File No. VB1607, Assessment No. 168806) Adopted 65 RLH TA 16-130 Ratifying the Appealed Special Tax Assessment for Property at 1265 SELBY AVENUE. (File No. J1607A, Assessment No. 168506) Adopted 66 RLH TA 16-129 Ratifying the Appealed Special Tax Assessment for Property at 1236-1238 SEVENTH STREET EAST. (File No. J1607A, Assessment No. 168506) Adopted 67 RLH TA 16-134 Deleting the Appealed Special Tax Assessment for Property at 1275 SHERBURNE AVENUE. (File No. J1607A, Assessment No. 168506) Adopted 68 RLH TA 16-145 Deleting the Appealed Special Tax Assessment for Property at 1092 SIMS AVENUE. (File No. VB1607, Assessment No. 168806) Adopted City of Saint Paul Page 17 City Council Minutes - Final May 4, 2016 69 RLH TA 16-181 Ratifying the Appealed Special Tax Assessment for Property at 1746 SIMS AVENUE. (File No. VB1607, Assessment No. 168806) Adopted 70 RLH FCO 16-51 Appeal of Matilde Ong and Tolomeo Ong to a Fire Inspection Correction Notice at 2135 SUBURBAN AVENUE. Adopted 71 RLH VBR 16-20 Appeal of Courtney Prescott to a Vacant Building Registration Notice at 925 SYLVAN STREET. Adopted 72 RLH TA 16-194 Ratifying the Appealed Special Tax Assessment for Property at 23 TENTH STREET WEST. (File No. CRT1607, Assessment No. 168206) Adopted 73 RLH RR 16-9 Ordering the rehabilitation or razing and removal of the structures at 839 THOMAS AVENUE within fifteen (15) days after the March 16, 2016, City Council Public Hearing. Referred to Legislative Hearings on May 10; Council public hearing continued to June 1 74 RLH TA 16-131 Ratifying the Appealed Special Tax Assessment for Property at 275 WESTERN AVENUE. (File No. J1607A, Assessment No. 168506) Adopted 75 RLH SAO 16-11 Appeal of Western Village LLC to a Summary Abatement Order at 388 WESTERN AVENUE NORTH. Adopted 76 RLH TA 16-143 Ratifying the Appealed Special Tax Assessment for Property at 955 WILSON AVENUE. (File No. VB1607, Assessment No. 168806) (Amended to File No. VB1607A, Assessment No. 168816 and to approve the assessment) Public hearing continued to June 15 77 RLH AR 16-12 Ratifying the assessments for Collection of Fire Certificate of Occupancy Fees billed from October 19 to November 6, 2015. (File No. CRT1607, Assessment No. 168206) Adopted City of Saint Paul Page 18 City Council Minutes - Final May 4, 2016 78 RLH AR 16-13 Ratifying the assessments for Property Clean Up services from December 2 to 30, 2015. (File No. J1607A, Assessment No. 168506) Adopted 79 RLH AR 16-14 Ratifying the assessments for Trash Hauling services from December 3 to 30, 2015. (File No. J1607G, Assessment No. 168706) Adopted 80 RLH AR 16-15 Ratifying the assessments for Collection of Vacant Building Registration Fees billed from October 10, 2013 to September 10, 2014. (File No. VB1606, Assessment No. 168805) Adopted 81 RLH AR 16-16 Ratifying the assessments for Collection of Vacant Building Registration Fees billed from May 18 to November 24, 2015. (File No. VB1607, Assessment No. 168806) Adopted as amended (1325 Arkwright Street and 497 Hopkins Street removed from assessment roll and sent back to Legislative Hearing for separate consideration) ADJOURNMENT Councilmember Bostrom moved adjournment. Meeting adjourned at 6:59 p.m. Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, City Council President Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao City of Saint Paul Page 19 City Council Minutes - Final May 4, 2016 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 20