City Council
Regular MeetingSt. Paul, MN · September 21, 2016
Minutes
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, September 21, 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 3:31 p.m.
Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen,
Councilmember Dai Thao, Councilmember Chris Tolbert, City Council
President Russ Stark, Councilmember Rebecca Noecker and
Councilmember Jane L. Prince
COMMUNICATIONS & RECEIVE/FILE
1 AO 16-70 Authorizing the Police Department to pay for travel costs for
non-employees.
Received and filed
2 AO 16-72 Moving 2016 debt service payments into correct cost centers to reflect
sale results.
Received and filed
3 AO 16-74 Amending the CDBG activities budget.
Received and filed
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City Council Minutes - Final September 21, 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 (Items 4 - 19)
Item 19 was removed from the Consent Agenda for separate consideration.
Councilmember Bostrom moved approval of the Consent Agenda as amended.
Consent Agenda adopted as amended
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
4 RES 16-1588 Approving payments to Shawn Hammond.
Adopted
5 RES 16-1561 Accepting the gift of the cost of airfare, lodging, ground transportation
from the airport, and some meal expenses from Living Cities, for Scott
Cordes, Director of Budget and Innovation; Kathy Lantry, Director of
Public Works; Wes Saunders-Pearce, Water Resources Coordinator;
and Kristen Guild, Deputy Director of PED, to attend the Living Cities
City Accelerator.
Adopted
6 RES 16-1534 Approving the City’s cost of providing Collection of Fire Certificate of
Occupancy Fees billed during April 11 to June 20, 2016, and setting
date of Legislative Hearing for October 18, 2016 and City Council
public hearing for January 4, 2017 to consider and levy the
assessments against individual properties. (File No. CRT1702,
Assessment No. 178201)
Adopted
7 RES 16-1535 Approving the City’s cost of providing Graffiti Removal services during
June 20 to August 1, 2016, and setting date of Legislative Hearing for
October 18, 2016 and City Council public hearing for January 4, 2017
to consider and levy the assessments against individual properties.
(File No. J1701P, Assessment No. 178400)
Adopted
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City Council Minutes - Final September 21, 2016
8 RES 16-1536 Approving the City’s cost of providing Collection of Vacant Building
Registration Fees billed during April 13 to July 20, 2016, and setting
date of Legislative Hearing for October 18, 2016 and City Council
public hearing for January 4, 2017 to consider and levy the
assessments against individual properties. (File No. VB1703,
Assessment No. 178803)
Adopted
9 RES 16-1544 Authorizing Police Department to accept the granted donations in the
amount of $38,791 from the Saint Paul Police Foundation.
Adopted
10 RES 16-1601 Authorizing the Department of Parks and Recreation to enter into an
agreement with Chuck and Don's to assume maintenance
responsibility of the Lowertown Dog Park.
Adopted
11 RES 16-1638 Authorizing the Departments of Parks and Recreation and Public
Works to reallocate a total of $337,852 within the 2016 Citywide Right
of Way Budget, transferring funds from Public Works to Parks and
Recreation’s Street Tree Maintenance to provide the budget
necessary to pay forestry costs related to the July 5th Storm.
Adopted
12 RES 16-1562 Authorizing the acceptance of a $755 scholarship grant from the
Minnesota State Historical Society for two Heritage Preservation
Commissioners and four PED staff to attend the Preserve Minnesota
Annual Statewide Historic Preservation Conference in Hastings,
September 8th and 9th, 2016.
Adopted
13 RES 16-1626 Authorizing the Police Department to enter into a License Agreement
with RK Midway Shopping Center, LLC to use and occupy a space at
the Midway Shopping Center.
Adopted
14 RES 16-1224 Authorizing the proper City officials to enter into a Limited Use Permit
with the State of Minnesota, Department of Transportation, for the
construction and utilization of a pedestrian trail in the right-of way of
Trunk Highway I35E.
Adopted
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City Council Minutes - Final September 21, 2016
15 RES 16-1617 Approving adverse action against the Wine On Sale license held by
IPHO By Saigon at 704 University Avenue West.
Adopted
16 RES 16-1619 Approving adverse action against the Liquor On Sale 101-180 Seats
license held by Sobo Restaurant, Inc., d/b/a S W Craft Bar at 111
Kellogg Boulevard East, Suite 150.
Adopted
17 RES 16-1620 Approving adverse action against the Liquor Outdoor Service Area
(Sidewalk) license application submitted by Sunrise Market, LLC
(License ID# 20160000646) for the premises at 1085 Grand Avenue.
Adopted
18 RES 16-1616 Approving adverse action against the Taxicab Driver (Provisional)
license application submitted by Andre L. Degeneffe.
Adopted
FOR DISCUSSION
19 RES 16-1533 Approving the application with conditions, per the Deputy Legislative
Hearing Officer, for a Second Hand Dealer - Motor Vehicle license, for
Camauto Sales, LLC (I.D. #20160000413), d/b/a Camauto Sales,
1265 Arcade Street. (Laid over from September 21 and October 5)
Councilmember Bostrom asked for a two-week layover to have some questions
answered.
Laid over to October 5
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
20 RES 16-1643 Recognizing September as Hunger Action Month in the City of Saint
Paul.
Councilmemebr Brendmoen read the resolutuon and moved approval.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
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City Council Minutes - Final September 21, 2016
City Council recess and Library Board convening to consider RES 16-1624:
Requesting that the City levy property taxes for the library agency.
The Council recessed at 3:36 p.m.
Library Board adjournment and City Council will reconvening.
The Library Board adjourned and the Council reconvened at 3:40 p.m.
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City Council Minutes - Final September 21, 2016
21 RES 16-1611 Approving a 2017 maximum property tax levy for the City of Saint
Paul. (Adopted by Council on September 21; vetoed by the Mayor on
September 22)
Council President Stark moved an amendment that would increase the Mayor’s
proposed City levy by a little less than 1.8 million. He said a number of Council
members had identified ongoing needs that had not been addressed, largely through
very responsible budgets during the recession, and there was a need now to reinvest
in City facilities and services. He said the change would amount to an approximately
8.6% increase in the levy rather than the Mayor’s proposed 6.94%, which was a
difference of about $8.00 on the typical median household. In response to a question
from Councilmember Tolbert he provided more specific information about where the
funds would be used.
Councilmember Tolbert asked why the Mayor had proposed 7% and didn’t propose
8.6% to fill this gap.
Todd Hurley, Office of Financial Services, said the Mayor’s initial proposal was a 4%
increase, with the belief that Local Government Aid (LGA) would come in as
scheduled. He said the Administration would be willing to 6.96 to offset the loss of
LGA. In response to Councilmember Tolbert’s question he said, as part of the 2017
budget, the City’s Finance and Innovations Department was conducting a study and
strategy session around Parks facility needs. He said the Mayor’s budget also
included $1.5 million in Capital Improvement bond dollars for capital maintenance as
well as an additional $1.5 million of one time money to get a start on the items
identified in the study. He said they were not denying need but recommending that a
study be conducted of the current situation and inventory before adding any
additional money over the $3 million if the proposed budget. He said the Mayor
supported the Fire Department and had consulted with the Chief, and had put
$100,000 into the proposed budget to study Fire Department needs. He said the
Mayor found in painful to increase 4%, and even more so to 6.96%, and was
unwilling to go any higher.
Councilmember Brendmoen noted that they were setting a maximum levy. She said
no one wanted to raise the levy, and the Council was committed to continuing the
conversation and getting that number down, but if they didn’t set this number today
we couldn't have that conversation.
Councilmember Prince spoke in support of making sure the needs of kids on the East
Side were met.
Council President Stark said he agreed with his colleagues, and had heard during the
election cycle from constituents concerned about the needs. He said it was a
balancing act to meet these needs and keep taxes down, and he would like to bring
8.6% back down and still find ways to take care of some of these things on an
ongoing basis.
Councilmember Noecker said it was an important point about what we've heard from
our constituents. She said she appreciated the Mayor's desire to be strategic but the
Council knew there were things they needed to have the capacity to take care of.
Councilmember Tolbert said 4% was a decent levy increase, 7% was because the
state put us there, but he felt 8.6% was too much. He said low income families,
renters, those on fixed incomes, and businesses will be most affected. He said the
items identified for the spending were wants not needs. He said he had been asking
for this strategic plan for five years and it was prudent to get those plans back before
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City Council Minutes - Final September 21, 2016
they started spending money. He said raising to 8.6% was a little tone deaf, and he
was going to vote hesitantly for 7%.
Council President Stark said, with all due respect on the Parks and Fire issues, it was
important to be strategic about spending the dollars first in Parks, but there was no
denying that there were tens of millions of dollars in deferred maintenance in Parks.
He said, in Fire, there were questions about timing, and it might be possible to have
the study completed before additional staff were brought on, but most people agreed
that with the growing population and run volume, the City would have to add staff. He
said . He said if they waited, they risked having a situation where the volume and
needs kept growing and the City didn't have the resources they’d known they were
going to need. He said he appreciated the nature of the disagreement but the needs
were real.
Councilmember Bostrom said he’d read in the paper that the County increased their
rate at a level of 2.8%, which was about a third of the 8.6% being proposed. He said
4% was tough to swallow, then they were cut off by cut off by the State and raised to
7% without going back to take a look at ways to make it work. He said he couldn’t
support this or the 7%.
Vote on amendment: Yeas - 4 Nays - 3 (Tolbert, Thao, Bostrom)
Council President Stark moved approval of the resolution as amended.
Adopted as amended
Yea: 4- Councilmember Brendmoen, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 3- Councilmember Bostrom, Councilmember Thao and Councilmember
Tolbert
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
22 Ord 16-39 Amending Saint Paul Legislative Code section 409.07(b), expanding
the allowable hours of liquor off-sale to 10:00 p.m. Monday - Saturday.
Laid over to October 5 for third reading/public hearing
BUDGET AMENDMENT PUBLIC HEARINGS (held during the 3:30 portion of the
meeting)
23 RES PH 16-299 Amending the 2016 spending plan in the Department of Emergency
Management in the amount of $269,761.94 for the Metropolitan
Medical Response System Sustainment money.
No one was present to testify. Council President Stark moved to close the public
hearing and approve the resolution.
Adopted
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City Council Minutes - Final September 21, 2016
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
24 RES PH 16-295 Amending the financing and spending plans in the Fire Department
$625,000 for the 2014 Assistance to Firefighters Grant to purchase
turnout gear, turnout gear washers and dryers, and to provide training
for firefighters.
No one was present to testify. Councilmember Prince moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
25 RES PH 16-245 Amending the financing and spending budget in the Department of
Parks and Recreation in the amount of $539,000 for Metropolitan
Council Clean Water, Land, and Legacy Amendment funds for Indian
Mounds Regional Park; and accepting the grant funds from the
Metropolitan Council through the Clean Water Land and Legacy
Amendment, Parks and Trails FY 2016-17 program.
No one was present to testify. Councilmember Prince moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
26 RES PH 16-298 Authorizing an increase in the Parks and Recreation Grant Fund
Budget in the amount of $200,000 to reflect the multi-year Como
Shuttle Bus Service Legacy Grant; and accepting the grant funds from
the Metropolitan Council through the Clean Water Land and Legacy
Amendment funds through the Parks and Trails program.
No one was present to testify. Council President Stark moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
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City Council Minutes - Final September 21, 2016
27 RES PH 16-305 Establishing a financing and spending budget in the Department of
Planning and Economic Development (PED) by adding a $50,000
Living Cities grant to support Saint Paul’s first-phase work with the City
Accelerator’s Infrastructure Finance cohort.
No one was present to testify. Councilmember Noecker moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
28 RES PH 16-293 Amending the financing and spending plans in the Police Department
in the amount of $85,000 for the Ramsey County 2016 Toward Zero
Death Enforcement Program sub-grant.
No one was present to testify. Councilmember Brendmoen moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
29 RES PH 16-291 Authorizing the Police Department to accept the 2015 COPS Hiring
grant and amend the 2016 budget.
No one was present to testify. Councilmember Bostrom moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
30 RES PH 16-289 Amending the financing and spending plans in the capital budget for
the Department of Public Works by adding $254,018 of Saint Paul
Sewer Utility funding into the Randolph - Brimhall to I-35E
Reconstruction Projects.
No one was present to testify. Councilmember Tolbert moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
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City Council Minutes - Final September 21, 2016
Nay: 0
31 RES PH 16-282 Amending the financing and spending budgets in the Department of
Public Works in the amount of $5,681 to add Ramsey County funding
and transfer $6,580 from MSA Contingency into the Signalized
Intersection Program.
No one was present to testify. Councilmember Thao moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
32 RES PH 16-290 Amending the financing and spending plans in the capital budget for
the Department of Public Works by adding $34,798 of Saint Paul
Sewer Utility funding and $19,086 Ramsey County Contribution into
the Maryland Avenue at Payne Avenue Intersection Reconstruction
Project.
No one was present to testify. Councilmember Bostrom moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
33 RES PH 16-306 Moving 2016 CIB Contingency to the 2016 Public Works Capital
Maintenance program to reimburse costs associated with soil removal
on the Lafayette Triangle Parking Lot.
No one was present to testify. Councilmember Brendmoen moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
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City Council Minutes - Final September 21, 2016
SUSPENSION ITEM
Council President Stark moved suspension of the rules.
Rules suspended
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
RES 16-1652 Accepting the gift of the costs of conference registration fees from
Microsoft for CIO Tarek Tomes to attend the Microsoft Ignite
conference to be held in Atlanta, Georgia, September 26 - 30, 2016.
Council President Stark moved approval.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
SUSPENSION ITEM
Councilmember Thao moved suspension of the rules.
Rules suspended
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
RES 16-1673 Recognizing September 22, 2016 as Renters' Day of Action in the City
of Saint Paul
Councilmember Thao read the resolution and moved approval.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
PUBLIC HEARINGS
The Council reconvened for public hearings at 5:31 p.m.
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City Council Minutes - Final September 21, 2016
Present 6 - Councilmember Amy Brendmoen, Councilmember Dai Thao,
Councilmember Chris Tolbert, City Council President Russ Stark,
Councilmember Rebecca Noecker and Councilmember Jane L. Prince
Absent 1 - Councilmember Dan Bostrom
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City Council Minutes - Final September 21, 2016
34 ABZA 16-6 Public hearing to consider the appeal of Keith Eklund to a decision by
the Board of Zoning Appeals (BZA) approving variances of the side
yard setbacks and of the building width requirements in order
construct a new single family dwelling on the vacant parcel at 492 Bay
Street.
Yaya Diatta, Department of Safety and Inspections (DSI) gave a staff report on the
application and appeal, and answered Council member questions.
In support of the appellant:
Appellant Keith Ecklund (8531 Savannah Oaks Lane, Woodbury; owner of 726
Randolph Avenue) showed photographs of the property in question, and said the lot
was 25' wide and standard residential lots in the area were 40' for a single family
home. He said the proposed structure was 1100 sq ft on the 3000 sq ft lot, and, for
comparison, his property had a footprint of 14% on the lot. He said the proposed
structure was not in alignment with the rest of the neighborhood. He said the design
of the home was long and narrow, and most homes in the neighborhood were
bungalows, cottages and two-story Victorian-style houses. He showed a 3-D drawing
of the proposed house and his house, and said the proposed structure would block
light to his yard and basically require that his two mature trees be cut down. He said
his other concern was one of public safety related to the addition of a tuck-under
garage two feet from the sidewalk. He cited two recent cases where requests to build
on an undersized lots had been denied by the BZA, and said he was just asking for
those codes to be enforced equally across the board. He said one of the things
brought up was that the property owner wanted to restore the property to the original
intent of the property, but what was proposed was not what consistent with the
original 672 sq ft house. He said City staff opposed this, the Fort Road Federation
was opposed, and he had 19 signed petitions from neighbors. He said he and
neighbors had invested thousands and thousands of dollars in the neighborhood in
the hopes that they could maintain the integrity of the neighborhood, and he he
hoped the Council could agree that the City needed new housing but only what it
made sense and only in compliance with code.
Kathryn Becker (720 Randolph Avenue)
Shawn Devine (501 Mount Curve Boulevard)
In support of applicant:
Shannon Ingham (4360 France Avenue S., Edina) said the house was 3' from
property line rather than 1’ from the property line as had been said earlier. He said
the garage was included in the footprint, and he felt the request was reasonable
because including the garage made it a similar ratio with other houses in the
neighborhood. He said there were houses within a two-three block area with similar
footprints. He said he thought the request was reasonable and there were some
exaggerations in appeal. He said he had made a couple mistakes in creating this,
including confusion as to where the lot line was. He said he’d worked on homes
throughout St. Paul for Community Action and Habitat for Humanity, and had seen
similar houses throughout St. Paul. He said he didn’t respect the appeal felt it was an
over-exaggeration opinionated, cronyism, but one thing he hadn’t thought about was
the overhang, he would cut back the overhang. He said, other than that, this was a
very reasonable addition that would increase the value of the neighborhood.
Councilmember Noecker moved to close the public hearing. Yeas - 5 Nays - 0
(Bostrom and Thao not present for vote)
Councilmember Noecker said she was sympathetic to the needs of the property
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owner and in general was a believer in density and infill, but to granting a variance
required that very specific findings be made. She said disagreement between City
staff, who recommended denial, and the BZA that recommended approval, revolved
around Finding 1, which had to do with whether the variance was in harmony with the
general purposes and intent of the zoning code. She said she felt the BZA erred in
the finding because it was not enough to find that just one intent was met if another
was not. She said providing additional housing options was something they wanted to
do, but if it led to overcrowding it was not in line with the intent of the code. She said
with all of the variances being requested it was clear the house was too large for the
lot and would lead to overcrowding. She moved to grant the appeal.
Deputy City Attorney Rachel Tierney asked Councilmember Noecker if she also
intended to adopt the findings of staff in the original staff report. Councilmember
Noecker said she did.
Motion of intent - appeal granted
Yea: 6- Councilmember Brendmoen, Councilmember Thao, Councilmember
Tolbert, City Council President Stark, Councilmember Noecker and
Councilmember Prince
Nay: 0
Absent: 1- Councilmember Bostrom
Councilmember Bostrom joined the meeting.
Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen,
Councilmember Dai Thao, Councilmember Chris Tolbert, City Council
President Russ Stark, Councilmember Rebecca Noecker and
Councilmember Jane L. Prince
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35 ABZA 16-9 Public hearing to consider the appeal of the Summit Hill Association of
a decision by the Board of Zoning Appeals (BZA) approving variances
of the front setback requirement and of the requirement that a garage
cannot be in front of a house, in order construct a new, two-car
detached garage in the front yard of 201 Victoria Street South.
Yaya Diatta, Department of Safety and Inspections (DSI), gave a staff report on the
application and appeal, and answered questions from Council members.
In support of the appellants:
Amanda Karls (1171 Lincoln Avenue), Summit Hill Association, described tha
variances approved by the BZA. She said in 2012 the property owner at 208 Victoria
was denied a variance to construct a garage in front of his house, and, while Mr.
Diatta had cited differences between the cases, the key similarity was that it was a
request to build a garage in front of the house. She read from Mr. Diatta's findings
related to the neighboring property, and noted that the findings not met in that case
should not be met here. She said all of the necessary factors needed to be met in
order for the variance to be granted. She said the house was bought out of
foreclosure as-is without a garage, and there was no requirement for a house to have
a garage. She said the portion of the summarized neighborhood plan cited needed to
be taken in context if considered at all.
Shannon O’Toole (223 S. Avon)
Kevin Fenelen (859 Linwood Avenue )
In support of the applicants:
Chris and Jessica Carlson (210 Victoria Street S.) appeared. Mr. Carlson said he had
worked on the house for quite a while and put a significant amount of equity onto it.
He said it was a unique situation and everyone in the neighborhood seemed to like
the garage. He said he thought it fit in and was aesthetically pleasing. They displayed
a mock-up of the proposed garage. Ms. Carlson said it would have a flat roof like a
neighbor’s garage. She said they understood it was a historic community, but
wondered whether the people testifying in opposition had garages. She noted that
one of the people testifying had said she had five children. Ms. Carlson said traffic
passed very close to her car when it was parked on the street and it was a safety
concern for them. She said they didn’t think adding a garage would diminish the
historic nature of the neighborhood, and they were looking at it as a safety concern
for their family and for the community. Mr. Carlson showed a picture of himself getting
out of the car with a car moving to the middle of the street to get around him. He said
their street was a main vein to Grand Avenue and had heavier traffic. Ms. Carlson
said they didn’t have off-street parking.
Councilmember Noecker said the appellant had mentioned other options such as a
tuck-under garage or sharing the driveway with the neighbor; she asked Mr. and Ms.
Carlson to talk about other options they had explored. Mr. Carlson said a tuck-under
garage would require demo-ing the entire front. He said there were other houses on
Victoria with backyard garages closer to the street than what they were proposing.
He said they had bought the house because of its unique character and didn’t feel a
garage would significantly alter it. Ms. Carlson said they had asked neighbors
whether there was an unused garage they could use for a fee, and no one had
responded.
Councilmember Prince asked whether anyone had explained the EAW requirements.
Mr. Carlson said it was his understanding that if there was any demolition a study
would have to be done. He said they were only taking out the front steps.
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Bruce Carlson, Chris's father, said the house had been purchased out of foreclosure,
and they had spent a lot of time getting house back in order and up to standards. He
said they had discovered it was a busier street than they thought, a was a real cause
for concern. He reiterated the point about garages close to the street being in the
back and side. He said this was an expensive proposition and not a financial gain by
any means, but a matter of necessity. He said there was no place to put garbage
cans, the traffic was fast, and the garage wouldn't be out of the ordinary. He said the
neighbors to the north had off-street parking, and to the south had a long driveway
and large garage and plenty of parking.
Councilmember Noecker moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Prince said according to Mr. Diatta’s staff report, state statute
required that any exterior work , including demolition, needed to go before the
Heritage Preservation Commission (HPC) for their determination of an EAW. She
said it was not clear why the applicant wasn’t asked to apply to the HPC. Mr. Diatta
said he was advised by counsel that if the Council denied appeal point would be
moot, and if Council approved, it would be appropriate to condition the permit on the
EAW decision.
Councilmember Noecker said she had spoken to counsel that day, and had language
that could be inserted into the resolution if the appeal were denied. She said it was a
difficult case in terms of wanting to allow property owner to build what seemed like a
reasonable addition but understanding the concerns of the neighbors. She thanked
the SHA for preparing a thorough and organized appeal. She said a lot of the points
made had to do with the neighboring property at 208 Victoria, and while the Council
strived for consistency in terms of the findings they had to make, every case was
different, and they weren’t setting legal precedent in making the decision. She said
another point made was that the property was like this when they bought it, but that
was the case with any variance sought. She to her, the most compelling argument
had to do with Finding 6, relating to whether the variance will alter the character of
the surrounding area. She said many many garages on the street fronted the street,
and there didn’t seem to be a practical way to build a garage on the property without
this variance. She said in her mind, it did not alter the essential character of the
surrounding area enough to deny the variance. She said she didn't find any evidence
the BZA erred and would move to deny the appeal, adding in language relating to the
necessity of the environmental review being completed, which might determine
whether a garage was even allowed at the site.
Councilmember Prince spoke against the motion.
Council President Stark said it was a tough call that boiled down to the character of
the surrounding neighborhood, but he would defer to colleague whose ward it was in,
although he could see the other side.
Councilmember Noecker read the additional language.
In response to a question from Councilmember Prince, Deputy City Attorney Rachel
Tierney said she felt the additional language covered what it needed to.
Motion of intent - appeal denied, with added conditions for applicant
Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark and
Councilmember Noecker
City of Saint Paul Page 16
City Council Minutes - Final September 21, 2016
Nay: 1- Councilmember Prince
36 Ord 16-30 Granting the application of Open Cities Health Center Inc to rezone
the property at 127 Front Avenue from RT1 Two-Family Residential to
B2 Community Business, and amending Chapter 60 of the Legislative
Code pertaining to the Saint Paul zoning map.
No one was present to testify. Councilmember Brendmoen moved to close the public
hearing.
Public hearing held and closed; laid over to September 28 for final adoption
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
37 Ord 16-31 Granting the application of St. Paul Leased Housing Associates VIII to
rezone their property at 2300 Territorial Road from I1 Light Industrial
to T3 Traditional Neighborhood, and amending Chapter 60 of the
Saint Paul Legislative Code pertaining to the Saint Paul zoning map.
No one was present to testify. Council President Stark moved to close the public
hearing.
Public hearing held and closed; laid over to September 28 for final adoption
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
38 Ord 16-32 Amending Chapter 33 of the Saint Paul Legislative Code pertaining to
Establishment of Permit Fees.
No one was present to testify. Councilmember Thao moved to close the public
hearing.
Public hearing held and closed; laid over to September 28 for final adoption
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
39 Ord 16-33 Amending Chapter 39 of the Saint Paul Legislative Code pertaining to
Smoke Alarms and Carbon Monoxide Alarms in Certain Buildings.
No one was present to testify. Councilmember Brendmoen moved to close the public
hearing.
Public hearing held and closed; laid over to September 28 for final adoption
City of Saint Paul Page 17
City Council Minutes - Final September 21, 2016
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
40 Ord 16-34 Amending Chapter 40 of the Saint Paul Legislative Code pertaining to
Fire Certificate of Occupancy.
No one was present to testify. Council President Stark moved to close the public
hearing.
Public hearing held and closed; laid over to September 28 for final adoption
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
41 Ord 16-35 Amending Chapter 55 of the Saint Paul Legislative Code pertaining to
the Fire Code.
No one was present to testify. Councilmember Noecker moved to close the public
hearing.
Public hearing held and closed; laid over to September 28 for final adoption
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
42 Ord 16-36 Adopting an interim ordinance pursuant to Minn. Stat. § 462.355,
Subd. 4 pending the completion of a zoning study and actions based
upon the study including amending the City’s official controls as they
may pertain to the regulation of “temporary family healthcare
dwellings” as permitted residential uses.
No one was present to testify. Councilmember Brendmoen moved to close the public
hearing.
Public hearing held and closed; laid over to September 28 for final adoption
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
City of Saint Paul Page 18
City Council Minutes - Final September 21, 2016
43 Ord 16-37 Granting the application of Donald E. Olson/Alice E. Olson to rezone
property at 1445 White Bear Avenue North from OS Office-Service to
T1 Traditional Neighborhood, and amending Chapter 60 of the Saint
Paul Legislative Code pertaining to the Saint Paul zoning map.
No one was present to testify. Councilmember Bostrom moved to close the public
hearing.
Public hearing held and closed; laid over to September 28 for final adoption
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
SUSPENSION ITEM
Council President Stark there was a suspension item that had left off of the agenda in
error. He said the public hearing would have to be continued for two weeks because
it hadn’t appeared on the printed agenda.
Councilmember Brendmoen moved suspension of the rules.
Rules suspended
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
Ord 16-38 Granting the application of Phalenview Real Estate LLC to rezone
property at 419 Whitall Street from RT1 Two-Family Residential to
RM2 Multiple Family Residential, and amending Chapter 60 of the
Saint Paul Legislative Code pertaining to the Saint Paul zoning map.
No one was present to testify; Councilmember Brendmoen moved to continue the
public hearing to October 5.
Public hearing continued to October 5
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
City of Saint Paul Page 19
City Council Minutes - Final September 21, 2016
44 RES PH 16-307 Approving Flannel Athletics request for a sound level variance, in
order to present amplified music and sound system announcements
with a DJ at 199 Kellogg Blvd West for the Start and Finish Line for
the Minnesota Wild Breakaway Run on Saturday, September 24,
2016.
No one was present to testify. Councilmember Noecker moved to close the public
hearing.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
45 RES PH 16-270 Approving adverse action against all licenses held by Metro Bar &
Grill, Inc., d/b/a Arnellia’s at 1183 University Avenue West.
Therese Skarda, Assistant City Attorney for the Department of Safety of Inspections
(DSI), gave a staff report on the violation. She said the licensee admitted to the
violation but requested the hearing. She said DSI recommended a $500 penalty.
Johnny Howard appeared representing Arnellia’s management. He said the person
who had served the beer rented the restaurant from Arnellia's, and the bar wasn't
open until 5:00. He said the bar wasn't open and the person should not have been
behind the bar. He said they were in a bad way because if an Arnellia's bartender
made a mistake they would move up the penalty matrix.
Council President Stark moved to close the public hearing. Yeas - 7 Nays - 0
Council President Stark said Arnellia’s had been around a long time and had a couple
of problems but not of this nature. He said he understood the problem had been
addressed but it did take place, and if it didn't happen again there was nothing to
worry about. He moved to adopt DSI’s recommendation, and said maybe the cost
could be passed along to the tenant.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
46 AHPC 16-1 Public hearing to consider the appeal of property owners, Saint Paul
Housing and Redevelopment Authority (HRA), to a decision by the
Heritage Preservation Commission denying the demolition of 737
Plum Street in the Dayton's Bluff Heritage Preservation District. (Public
hearing continued from August 17, 2016) (To be withdrawn.)
Withdrawn
City of Saint Paul Page 20
City Council Minutes - Final September 21, 2016
47 AHPC 16-4 Public hearing to consider the appeal of property owners, Saint Paul
Housing and Redevelopment Authority (HRA), to a decision by the
Heritage Preservation Commission denying the demolition of 275
Bates Avenue in the Dayton's Bluff Heritage Preservation District.
(Public hearing continued from August 17, 2016) (To be withdrawn.)
Withdrawn
48 RES PH 16-300 Reducing permit limits for house numbers 57-75 and 89-115
Cleveland Ave South in Residential Permit Parking Area 22.
Elizabeth Stiffler, Public Works, gave a brief staff report.
Council President Stark noted this reduction ended up being recommended by the
District Council.
In opposition:
Brian Dehler (115 Cleveland Avenue S.)
Fred Plessner (3213 Rolling Hills Drive, Eagan)
Council President Stark moved to close the public hearing. Yeas - 7 Nays - 0
Council President Stark said this was the last piece of the Cleveland bike lane
project. He said the concern was that a number of these properties were student
rentals, and there was a secondary market for sales of the permits. He said parking
was limited, and people who shouldn’t be parking there were parking. He moved
approval but noted that the permit parking study underway might result in procedures
that would make the secondary market more difficult and the system as a whole more
fair to owners.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
49 RES PH 16-90 Final Order approving the construction of improvements along
Wabasha Street from Plato Boulevard to Fillmore Avenue, and
approving the annual operation and maintenance costs for the
above-standard lighting. (File No. 19188, Assessment No. 165210)
(Public hearing continued from September 21)
No one was present to testify; Councilmember Noecker moved to close the public
hearing and approve the resolution.
Councilmember Noecker moved approval.
Following the vote, Councilmember Noecker said it had been requested by staff that
the matter be continued to December 21.
The item was reconsidered and the public hearing continued to December 21.
Public hearing continued to December 21
City of Saint Paul Page 21
City Council Minutes - Final September 21, 2016
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
50 RES PH 16-233 Ratifying the assessment for the University Avenue from Robert Street
to 12th Street paving and lighting project constructed as part of the
2016 St. Paul Street Paving Program (SPS). (File No. 19187,
Assessment No. 165209)
No one was present to testify. Councilmember Thao moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
51 RES PH 16-231 Ratifying the assessment for the Como/Chatsworth, Phase II paving
and lighting project constructed as part of the 2016 St. Paul Street
Paving Program (SPS). (File No. 19189, Assessment No. 165205)
No one was present to testify. Councilmember Brendmoen moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
52 RES PH 16-232 Ratifying the assessment for the Como/Chatsworth, Phase I, Part B
paving and lighting project constructed as part of the 2015 St. Paul
Street Paving Program (SPS). (File No. 19167 PHASE2, Assessment
No. 155205)
Councilmember Brendmoen said this assessment was for her own neighborhood,
and it had been a learning experience. She thanked Public Works staff for being
extraordinary project managers, and said the street was gorgeous.
No one was present to testify; Councilmember Brendmoen moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
City of Saint Paul Page 22
City Council Minutes - Final September 21, 2016
53 RES PH 16-241 Ratifying the assessments for Repair of Sanitary Sewer Line on
Private Property during April to June 2016. (File No. SWRP1604,
Assessment No. 163003)
No one was present to testify. Council President Stark moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
54 RES PH 16-242 Ratifying the assessments for Replacement of Lead Water Service
Line on Private Property during April to June 2016. (File No.
1604LDSRP, Assessment No. 164003)
No one was present to testify. Councilmember Tolbert moved to close the public
hearing and approve the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
LEGISLATIVE HEARING ITEMS FOR DISCUSSION
88 RLH CO 16-33 Appeal of Timothy J. Spann to a Correction Notice - Complaint
Inspection at 731 VAN BUREN AVENUE.
Legislative Hearing Officer Marcia Moermond gave a staff report. She said her
recommendation was to order the property vacated at the end of the month as there
was no owner of record. She said a sister of the appellant was present who had the
property owner's will and other documents that would assist in the probate process.
She said she’d had a conversation with the sister, related to resources and referrals.
In response to questions from Councilmember Thao, Ms. Moermond clarified the
requirements and the Council's options.
In opposition:
Patricia Spann (191 E. Larpenteur) said she was late learning about the situation and
was asking for an extension of time so she could do what needed to be done to
prevent the building from going into vacate. In response to a question from Council
President Stark, she said she didn't know how much was reasonable to ask for - two
or three months. She said she had talked to SMRLS about getting an attorney and to
the courthouse about probate.
Councilmember Thao said the most he could give was two weeks to vacate, to
October 6. He moved to adopt the resolution as amended.
Adopted as amended (deadline of October 6 for tenants to vacate the property)
City of Saint Paul Page 23
City Council Minutes - Final September 21, 2016
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
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 55 - 98)
No one appeared in opposition; Councilmember Bostrom 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, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
55 RLH FCO Appeal of Robert Kopf to a Fire Safety Inspection Appointment at 950
16-132 ASHLAND AVENUE.
Adopted
56 RLH FCO Appeal of Katie Trunk, Twin Cities Home Rental, to a Reinspection
16-114 Fire Certificate of Occupancy With Deficiencies at 941 BEECH
STREET.
Adopted
57 RLH TA 16-367 Ratifying the Appealed Special Tax Assessment for Property at 194
CESAR CHAVEZ STREET. (File No. J1612A, Assessment No.
168530)
Adopted
58 RLH CO 16-29 Appeal of Mai Yer Soung to a Fire Inspection Correction Notice at 569
DALE STREET NORTH.
Adopted
59 RLH TA 16-358 Ratifying the Appealed Special Tax Assessment for Property at 715
EDGERTON STREET. (File No. J1612A, Assessment No. 168530;
amended File No. J1612A1, Assessment No. 168548) (Public hearing
continued from September 21)
Referred to Legislative Hearings on October 4; Council public hearing
continued to October 19
City of Saint Paul Page 24
City Council Minutes - Final September 21, 2016
60 RLH TA 16-372 Ratifying the Appealed Special Tax Assessment for Property at 291
EDMUND AVENUE. (File No. J1612A, Assessment No. 168530)
Adopted
61 RLH FCO Appeal of Zaw Wai to a Correction Notice-Complaint Inspection at 933
16-129 FIFTH STREET EAST.
Adopted
62 RLH TA 16-399 Ratifying the Appealed Special Tax Assessment for Property at 327
FRONT AVENUE (File No. J1612A, Assessment No. 168530).
Adopted
63 RLH TA 16-361 Ratifying the Appealed Special Tax Assessment for Property at 2153
GLENRIDGE AVENUE. (File No. J1612A, Assessment No. 168530)
Adopted
64 RLH RR 16-35 Ordering the razing and removal of the structures at 1242 HEWITT
AVENUE within fifteen (15) days after the September 7, 2016, City
Council Public Hearing. (Amended to grant 30 days)
Referred to Legislative Hearings on September 27; Council public hearing
continued to October 5
65 RLH TA 16-378 Ratifying the Appealed Special Tax Assessment for Property at 1005
HUBBARD AVENUE. (File No. J1611B, Assessment No. 168111)
Adopted
66 RLH TA 16-375 Ratifying the Appealed Special Tax Assessment for Property at 606
LAFOND AVENUE. (File No. J1612A, Assessment No. 168530)
Adopted
67 RLH TA 16-371 Ratifying the Appealed Special Tax Assessment for Property at 1238
MARION STREET. (File No. J1612A, Assessment No. 168530)
Adopted
68 RLH TA 16-428 Ratifying the Appealed Special Tax Assessment for Property at 1554
MIDWAY PARKWAY (File No. J1612A, Assessment No. 168530).
Adopted
69 RLH TA 16-364 Ratifying the Appealed Special Tax Assessment for Property at 1763
MINNEHAHA AVENUE EAST. (File No. J1612A, Assessment No.
168530)
Adopted
City of Saint Paul Page 25
City Council Minutes - Final September 21, 2016
70 RLH RR 16-40 Ordering the rehabilitation or razing and removal of the structures at
874 PASCAL STREET NORTH within fifteen (15) days after the
September 21, 2016, City Council Public Hearing. (Amended to 180
Days)
Public hearing continued to October 5
71 RLH TA 16-357 Deleting the Appealed Special Tax Assessment for Property at 602
PRIOR AVENUE NORTH. (File No. J1610P, Assessment No. 168410)
Adopted
72 RLH RR 16-25 Ordering the razing and removal of the structures at 1094 REANEY
AVENUE within fifteen (15) days after the August 3, 2016, City Council
Public Hearing. (Public hearing continued from September 21)
Public hearing continued to October 19
73 RLH TA 16-356 Deleting the Appealed Special Tax Assessment for Property at 601
RICE STREET. (File No.J1610P, Assessment No. 168410)
Adopted
74 RLH TA 16-374 Deleting the Appealed Special Tax Assessment for Property at 1210
ROSS AVENUE. (File No. J1612A, Assessment No. 168530)
Adopted
75 RLH TA 16-373 Ratifying the Appealed Special Tax Assessment for Property at 1633
SAINT ANTHONY AVENUE/372 FRY STREET. (File No. J1612A,
Assessment No. 168530)
Adopted
76 RLH FCO Appeal of Mark Cemensky to a Re-Inspection Fire Certificate of
16-118 Occupancy With Deficiencies at 2156 SAINT ANTHONY AVENUE.
Adopted
77 RLH TA 16-365 Deleting the Appealed Special Tax Assessment for Property at 414
SEVENTH STREET WEST. (File No. J1610P, Assessment
No.168410)
Adopted
78 RLH FCO Appeal of Thomas M. Carbone, Carbone's Pizza, to a Correction
16-147 Notice-Reinspection Complaint at 680 SEVENTH STREET EAST.
Adopted
City of Saint Paul Page 26
City Council Minutes - Final September 21, 2016
79 RLH TA 16-440 Amending Council Files Nos. RLH AR 16-50 and RLH TA 16-326 to
delete the assessment for Property Clean Up services during April 1 to
28, 2016 at 1241 SEVENTH STREET WEST. (File No. J1611A,
Assessment No. 168527).
Adopted
80 RLH TA 16-366 Ratifying the Appealed Special Tax Assessment for Property at 1330
SEVENTH STREET EAST. (File No. J1612A, Assessment No.
168530)
Adopted
81 RLH SAO 16-32 Appeal of Joele Johnson to a Summary Abatement Order and Vehicle
Abatement Order at 215 SHERBURNE AVENUE.
Adopted
82 RLH RR 16-22 Ordering the razing and removal of the structures at 910 SIXTH
STREET EAST within fifteen (15) days after the August 3, 2016, City
Council Public Hearing. (Public hearing continued from August 3)
(Amended to remove to repair the building within 30 days after
September 21, 2016)
Adopted as amended (remove or repair within 30 days)
83 RLH TA 16-360 Deleting the Appealed Special Tax Assessment for Property at 454
SMITH AVENUE NORTH (File No. J1612A, Assessment No. 168530).
Adopted
84 RLH TA 16-382 Deleting the Appealed Special Tax Assessment for Property at 1075
STINSON STREET. (File No. J1612A, Assessment No. 168530)
Adopted
85 RLH TA 16-402 Deleting the Appealed Special Tax Assessment for Property at 490
UNIVERSITY AVENUE WEST (File No. J1610P, Assessment No.
168410).
Adopted
86 RLH TA 16-391 Ratifying the Appealed Special Tax Assessment for Property at 544
UNIVERSITY AVENUE WEST (File No. J1612A, Assessment No.
168530).
Adopted
City of Saint Paul Page 27
City Council Minutes - Final September 21, 2016
87 RLH TA 16-339 Ratifying the Appealed Special Tax Assessment for Property at 979
UNIVERSITY AVENUE WEST. (File No. CRT1611, Assessment No.
168212) (Public hearing continued from October 19)
Public hearing continued to October 5
89 RLH VBR 16-54 Appeal of Casey Doyle to a Vacant Building Registration Renewal
Notice at 1048 VAN SLYKE AVENUE.
Adopted
90 RLH VBR 16-52 Appeal of John and Marjorie Kisch to a Summary Abatement Order
and Vacant Building Registration Notice at 612 WELLS STREET.
Adopted
91 RLH TA 16-363 Deleting the Appealed Special Tax Assessment for Property at 429
WHITALL STREET. (File No. J1610P, Assessment No. 168410)
Adopted
92 RLH VO 16-30 Appeal of Al Bernstein and Jeff Bernstein to a Fire Certificate of
Occupancy Revocation and Order to Vacate at 1225 WHITE BEAR
AVENUE NORTH. (Public hearing continued from September 7)
Adopted as amended
93 RLH RR 16-41 Ordering the razing and removal of the structures at 503 WINONA
STREET EAST within ninety (90) days after the September 21, 2016,
City Council Public Hearing.
Adopted
94 RLH AR 16-58 Ratifying the assessments for Boarding and/or Securing services
during April 2016. (File No. J1611B, Assessment No. 168111)
Adopted
95 RLH AR 16-59 Ratifying the assessments for Graffiti Removal services during April 5
to May 18, 2016. (File No. J1610P, Assessment No. 168410)
Adopted
96 RLH AR 16-60 Ratifying the assessments for Property Clean Up services during May
4 to 31, 2016. (File No. J1612A, Assessment No. 168530)
Adopted as amended (715 Edgerton Street removed from the roll for separate
consideration)
97 RLH AR 16-61 Ratifying the assessments for Trash Hauling services during May 4 to
25, 2016. (File No. J1612G, Assessment No. 168712)
Adopted
City of Saint Paul Page 28
City Council Minutes - Final September 21, 2016
98 RLH AR 16-62 Ratifying the assessments for Collection of Vacant Building
Registration fees billed during September 10 to December 31, 2015.
(File No. VB1614, Assessment No. 168821)
Adopted as amended (995 Beech Street removed from the roll for separate
consideration)
ADJOURNMENT
Councilmember Tolbert moved adjournment.
Meeting adjourned at 7:16 p.m.
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, City Council President Stark,
Councilmember Noecker and Councilmember Prince
Nay: 0
Council Meeting Information
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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 29
Agenda
City Hall and Court House
City of Saint Paul 15 West Kellogg Boulevard
Council Chambers - 3rd
Floor
Meeting Agenda 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, September 21, 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
COMMUNICATIONS & RECEIVE/FILE
1 AO 16-70 Authorizing the Police Department to pay for travel costs for
non-employees.
2 AO 16-72 Moving 2016 debt service payments into correct cost centers to reflect
sale results.
Attachments: AO 16_72 FA
3 AO 16-74 Amending the CDBG activities budget.
Attachments: Attachment A CDBG AO-16-74 9-9-16.pdf
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.
4 RES Approving payments to Shawn Hammond.
16-1588
Sponsors: Stark
Attachments: c160097 financial analysis
City of Saint Paul Page 1 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
5 RES Accepting the gift of the cost of airfare, lodging, ground transportation
16-1561 from the airport, and some meal expenses from Living Cities, for Scott
Cordes, Director of Budget and Innovation; Kathy Lantry, Director of
Public Works; Wes Saunders-Pearce, Water Resources Coordinator;
and Kristen Guild, Deputy Director of PED, to attend the Living Cities
City Accelerator.
Sponsors: Stark
6 RES Approving the City’s cost of providing Collection of Fire Certificate of
16-1534 Occupancy Fees billed during April 11 to June 20, 2016, and setting
date of Legislative Hearing for October 18, 2016 and City Council public
hearing for January 4, 2017 to consider and levy the assessments
against individual properties. (File No. CRT1702, Assessment No.
178201)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
7 RES Approving the City’s cost of providing Graffiti Removal services during
16-1535 June 20 to August 1, 2016, and setting date of Legislative Hearing for
October 18, 2016 and City Council public hearing for January 4, 2017 to
consider and levy the assessments against individual properties. (File
No. J1701P, Assessment No. 178400)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
8 RES Approving the City’s cost of providing Collection of Vacant Building
16-1536 Registration Fees billed during April 13 to July 20, 2016, and setting
date of Legislative Hearing for October 18, 2016 and City Council public
hearing for January 4, 2017 to consider and levy the assessments
against individual properties. (File No. VB1703, Assessment No.
178803)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
9 RES Authorizing Police Department to accept the granted donations in the
16-1544 amount of $38,791 from the Saint Paul Police Foundation.
Sponsors: Stark
Attachments: St. Paul Police Foundation Grant
Financial Analysis
City of Saint Paul Page 2 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
10 RES Authorizing the Department of Parks and Recreation to enter into an
16-1601 agreement with Chuck and Don's to assume maintenance responsibility
of the Lowertown Dog Park.
Sponsors: Noecker
Attachments: Scope of Service.pdf
dog park saints agreement
11 RES Authorizing the Departments of Parks and Recreation and Public Works
16-1638 to reallocate a total of $337,852 within the 2016 Citywide Right of Way
Budget, transferring funds from Public Works to Parks and Recreation’s
Street Tree Maintenance to provide the budget necessary to pay
forestry costs related to the July 5th Storm.
Sponsors: Stark
Attachments: ROW Storm Transfer - July 5th Storm
12 RES Authorizing the acceptance of a $755 scholarship grant from the
16-1562 Minnesota State Historical Society for two Heritage Preservation
Commissioners and four PED staff to attend the Preserve Minnesota
Annual Statewide Historic Preservation Conference in Hastings,
September 8th and 9th, 2016.
Sponsors: Stark
13 RES Authorizing the Police Department to enter into a License Agreement
16-1626 with RK Midway Shopping Center, LLC to use and occupy a space at
the Midway Shopping Center.
Sponsors: Stark
Attachments: RK Midway Shopping Center, LLC License Agreement
14 RES Authorizing the proper City officials to enter into a Limited Use Permit
16-1224 with the State of Minnesota, Department of Transportation, for the
construction and utilization of a pedestrian trail in the right-of way of
Trunk Highway I35E.
Sponsors: Brendmoen
15 RES Approving adverse action against the Wine On Sale license held by
16-1617 IPHO By Saigon at 704 University Avenue West.
Sponsors: Thao
Attachments: IPHO By Saigon - Notice of Intent to Suspend License with Affidavit of Service.pdf
16 RES Approving adverse action against the Liquor On Sale 101-180 Seats
16-1619 license held by Sobo Restaurant, Inc., d/b/a S W Craft Bar at 111
Kellogg Boulevard East, Suite 150.
Sponsors: Noecker
Attachments: S W Craft Bar Notice of Intent to Suspend License with Affidavit of Service.pdf
City of Saint Paul Page 3 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
17 RES Approving adverse action against the Liquor Outdoor Service Area
16-1620 (Sidewalk) license application submitted by Sunrise Market, LLC
(License ID# 20160000646) for the premises at 1085 Grand Avenue.
Sponsors: Noecker
Attachments: Sunrise Market LLC Notice of Intent to Deny License with Affidavit of Service.pdf
18 RES Approving adverse action against the Taxicab Driver (Provisional)
16-1616 license application submitted by Andre L. Degeneffe.
Sponsors: Stark
Attachments: Andre L. Degeneffe Notice of Intent to Deny License with Affidavit of Service.pdf
Registar of Actions 19HA-CR-14-1076.pdf
Registar of Actions 62-CR-14-5381.pdf
SPLC 376.16
19 RES Approving the application with conditions, per the Deputy Legislative
16-1533 Hearing Officer, for a Second Hand Dealer - Motor Vehicle license, for
Camauto Sales, LLC (I.D. #20160000413), d/b/a Camauto Sales, 1265
Arcade Street.
Sponsors: Bostrom
Attachments: Camauto Sales 1265 Arcade St.Conditions Affidavit
Camauto Sales 1265 Arcade St.Minutes
Camauto Sales 1265 Arcade St.Application
Camauto Sales 1265 Arcade St.Site Plan
Camauto Sales 1265 Arcade St.Aerial Photo
Camauto Sales 1265 Arcade St.Site Photos
Camauto Sales 1265 Arcade St.Letter of Support from DC
Camauto Sales 1265 Arcade St.Letters of Concern
Camauto Sales 1265 Arcade St.STAMP Activities
Camauto Sales 1265 Arcade St.Police Incident Report
FOR DISCUSSION
20 RES Recognizing September as Hunger Action Month in the City of Saint
16-1643 Paul.
Sponsors: Brendmoen
The City Council will recess and the Library Board will convene to consider RES 16-1624:
Requesting that the City levy property taxes for the library agency.
City of Saint Paul Page 4 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
The Library Board will adjourn and the City Council will reconvene.
21 RES Approving a 2017 maximum property tax levy for the City of Saint Paul.
16-1611
Sponsors: Stark
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
22 Ord 16-39 Amending Saint Paul Legislative Code section 409.07(b), expanding the
allowable hours of liquor off-sale to 10:00 p.m. Monday - Saturday.
Sponsors: Tolbert
Attachments: Liquor Store Fact Sheet
Received Comments on Proposed Liquor Store Change
Wabasha Brewing Petition in Support
District 10 Support
SUPC liquor store hours 2016
HDC -Resolution to Support a change in Off-Sale Liquor Store Hours
Liquor Store Hours UPDC
Montgomery Email
BRC Support of Ord 16-39 Off Sale hours signed
BUDGET AMENDMENT PUBLIC HEARINGS (held during the 3:30 portion of the meeting)
23 RES PH Amending the 2016 spending plan in the Department of Emergency
16-299 Management in the amount of $269,761.94 for the Metropolitan Medical
Response System Sustainment money.
Sponsors: Stark
Attachments: 2016 MMRS Financial Analysis
RES PH 14-335
PH 14-335 Financial Analysis
City of Saint Paul Page 5 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
24 RES PH Amending the financing and spending plans in the Fire Department
16-295 $625,000 for the 2014 Assistance to Firefighters Grant to purchase
turnout gear, turnout gear washers and dryers, and to provide training
for firefighters.
Sponsors: Stark
Attachments: 2014 AFG Budget Amendment
PH 15-263 Financial Analysis
RES PH 15-263
25 RES PH Amending the financing and spending budget in the Department of
16-245 Parks and Recreation in the amount of $539,000 for Metropolitan
Council Clean Water, Land, and Legacy Amendment funds for Indian
Mounds Regional Park; and accepting the grant funds from the
Metropolitan Council through the Clean Water Land and Legacy
Amendment, Parks and Trails FY 2016-17 program.
Sponsors: Stark
Attachments: Indian Mounds 2017 Leg Funds F&S
26 RES PH Authorizing an increase in the Parks and Recreation Grant Fund Budget
16-298 in the amount of $200,000 to reflect the multi-year Como Shuttle Bus
Service Legacy Grant; and accepting the grant funds from the
Metropolitan Council through the Clean Water Land and Legacy
Amendment funds through the Parks and Trails program.
Sponsors: Stark
Attachments: Legacy Bus Grant.xlsx
27 RES PH Establishing a financing and spending budget in the Department of
16-305 Planning and Economic Development (PED) by adding a $50,000 Living
Cities grant to support Saint Paul’s first-phase work with the City
Accelerator’s Infrastructure Finance cohort.
Sponsors: Stark
Attachments: Attachment A RES PH 16-305
28 RES PH Amending the financing and spending plans in the Police Department in
16-293 the amount of $85,000 for the Ramsey County 2016 Toward Zero Death
Enforcement Program sub-grant.
Sponsors: Stark
Attachments: Ramsey County Toward Zero Death Enforcement Program
Financial Analysis
City of Saint Paul Page 6 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
29 RES PH Authorizing the Police Department to accept the 2015 COPS Hiring
16-291 grant and amend the 2016 budget.
Sponsors: Stark
Attachments: 2015 COPS Hire Program
Financial Analysis
30 RES PH Amending the financing and spending plans in the capital budget for the
16-289 Department of Public Works by adding $254,018 of Saint Paul Sewer
Utility funding into the Randolph - Brimhall to I-35E Reconstruction
Projects.
Sponsors: Tolbert
Attachments: RES PH 16-289 FINANCIAL ANALYSIS
31 RES PH Amending the financing and spending budgets in the Department of
16-282 Public Works in the amount of $5,681 to add Ramsey County funding
and transfer $6,580 from MSA Contingency into the Signalized
Intersection Program.
Sponsors: Stark
Attachments: RES PH 16-282 FINANCIAL ANALYSIS
32 RES PH Amending the financing and spending plans in the capital budget for the
16-290 Department of Public Works by adding $34,798 of Saint Paul Sewer
Utility funding and $19,086 Ramsey County Contribution into the
Maryland Avenue at Payne Avenue Intersection Reconstruction Project.
Sponsors: Bostrom
Attachments: RES PH 16-290 FINANCIAL ANALYSIS
33 RES PH Moving 2016 CIB Contingency to the 2016 Public Works Capital
16-306 Maintenance program to reimburse costs associated with soil removal
on the Lafayette Triangle Parking Lot.
Sponsors: Stark
Attachments: RES PH 16-306 Financial Analysis
SUSPENSION ITEM
RES Accepting the gift of the costs of conference registration fees from
16-1652 Microsoft for CIO Tarek Tomes to attend the Microsoft Ignite conference
to be held in Atlanta, Georgia, September 26 - 30, 2016.
City of Saint Paul Page 7 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
PUBLIC HEARINGS (Public hearings will begin at 5:30 p.m.)
34 ABZA 16-6 Public hearing to consider the appeal of Keith Eklund to a decision by
the Board of Zoning Appeals (BZA) approving variances of the side yard
setbacks and of the building width requirements in order construct a new
single family dwelling on the vacant parcel at 492 Bay Street.
Sponsors: Noecker
Attachments: 492 Bay appeal application
492 Bay variance application & plans
492 Bay staff report.doc
492 Bay BZA resolution
492 Bay minutes
492 Bay staff correspondences 1 of 2.doc
492 Bay staff correspondences 2 of 2.doc
492 Bay site and area maps.doc
492 Bay photos
Peterson letter
Becker Letter in Opposition
Berneche Farley Duncan & Wean letter
35 ABZA 16-9 Public hearing to consider the appeal of the Summit Hill Association of a
decision by the Board of Zoning Appeals (BZA) approving variances of
the front setback requirement and of the requirement that a garage
cannot be in front of a house, in order construct a new, two-car
detached garage in the front yard of 201 Victoria Street South.
Sponsors: Noecker
Attachments: 210 Victoria Street Appeal application
210 Victoria Street variance application
210 Victoria Street Resolution 1
210 Victoria Street Final Resolution
210 Victoria Street minutes
210 Victoria St area maps
210 Victoria Street- Correspondences.
Old variance case on an adjacent property at 208 Victoria St. S
210 Victoria Street- List of activities and site maps
210 Victoria St- Site photos
Carlson Letter
City of Saint Paul Page 8 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
36 Ord 16-30 Granting the application of Open Cities Health Center Inc to rezone the
property at 127 Front Avenue from RT1 Two-Family Residential to B2
Community Business, and amending Chapter 60 of the Legislative Code
pertaining to the Saint Paul zoning map.
Sponsors: Brendmoen
Attachments: Staff Report Packet
Planning Commission Resolution
Planning Commission Meeting Minutes
Deadline for Action Extension Letter
Zoning Committee Minutes
37 Ord 16-31 Granting the application of St. Paul Leased Housing Associates VIII to
rezone their property at 2300 Territorial Road from I1 Light Industrial to
T3 Traditional Neighborhood, and amending Chapter 60 of the Saint
Paul Legislative Code pertaining to the Saint Paul zoning map.
Sponsors: Stark
Attachments: PC Resolution
PC Action Minutes 080516
ZC Draft Minutes
60daynotice
16-053108 ZC Packet
38 Ord 16-32 Amending Chapter 33 of the Saint Paul Legislative Code pertaining to
Establishment of Permit Fees.
Sponsors: Stark
39 Ord 16-33 Amending Chapter 39 of the Saint Paul Legislative Code pertaining to
Smoke Alarms and Carbon Monoxide Alarms in Certain Buildings.
Sponsors: Stark
40 Ord 16-34 Amending Chapter 40 of the Saint Paul Legislative Code pertaining to
Fire Certificate of Occupancy.
Sponsors: Stark
41 Ord 16-35 Amending Chapter 55 of the Saint Paul Legislative Code pertaining to
the Fire Code.
Sponsors: Stark
42 Ord 16-36 Adopting an interim ordinance pursuant to Minn. Stat. § 462.355, Subd.
4 pending the completion of a zoning study and actions based upon the
study including amending the City’s official controls as they may pertain
to the regulation of “temporary family healthcare dwellings” as permitted
residential uses.
Sponsors: Stark
Attachments: Sperbeck email
City of Saint Paul Page 9 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
43 Ord 16-37 Granting the application of Donald E. Olson/Alice E. Olson to rezone
property at 1445 White Bear Avenue North from OS Office-Service to
T1 Traditional Neighborhood, and amending Chapter 60 of the Saint
Paul Legislative Code pertaining to the Saint Paul zoning map.
Sponsors: Bostrom
Attachments: PC resolution
pcactionminutes081916
Draft ZC minutes
60 day extension
ZC staff report packet
SUSPENSION ITEM
Ord 16-38 Granting the application of Phalenview Real Estate LLC to rezone
property at 419 Whitall Street from RT1 Two-Family Residential to RM2
Multiple Family Residential, and amending Chapter 60 of the Saint Paul
Legislative Code pertaining to the Saint Paul zoning map. (Public
hearing to be continued to October 5, 2016.)
Sponsors: Brendmoen
Attachments: Opposition letter and petition
PC Resolution
pcactionminutes081916
Draft ZC minutes
District 5 letter of support
60 day extension
ZC staff report packet
44 RES PH Approving Flannel Athletics request for a sound level variance, in order
16-307 to present amplified music and sound system announcements with a DJ
at 199 Kellogg Blvd West for the Start and Finish Line for the Minnesota
Wild Breakaway Run on Saturday, September 24, 2016.
Sponsors: Noecker
Attachments: Application
ENS
Map
Notice to Property Owners
List of Property Owners
Letter to Applicant
City of Saint Paul Page 10 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
45 RES PH Approving adverse action against all licenses held by Metro Bar & Grill,
16-270 Inc., d/b/a Arnellia’s at 1183 University Avenue West.
Sponsors: Stark
Attachments: Notice of Rescheduled Council Hearing with Affidavit of Service.pdf
Uncontested License Matter form.pdf
License Group Comments Text from ECLIPS System.pdf
Original Offense - Incident Report CN #16-128-583 dated June 2nd 2016.pdf
SPPD Liquor Compliance Checksheet dated June 2nd 2016.pdf
Photographs taken by SPPD confirming sale on June 2nd 2016.pdf
Notice of Violation with Affidavit of Service dated July 8th 2016.pdf
Letter from licensee requesting a public hearing dated July 12th 2016.pdf
Minn.Stat.Section 340A.503.pdf
SPLC Section 409.08. - Regulations generally.docx
SPLC Section 409.26 - Presumptive Penalties.pdf
46 AHPC 16-1 Public hearing to consider the appeal of property owners, Saint Paul
Housing and Redevelopment Authority (HRA), to a decision by the
Heritage Preservation Commission denying the demolition of 737 Plum
Street in the Dayton's Bluff Heritage Preservation District. (Public
hearing continued from August 17, 2016) (To be withdrawn.)
Sponsors: Finney
Attachments: 1. 737 Plum St Appeal Letter
2. 737 Plum St HPC Order and Decision Letter
3. 737 Plum Street HPC Minutes 10-8-15 (unapproved)
4. 737 Plum St HPC Written Testimony 10-7-15
5. 737 Plum St HPC Staff Report with HPC Adopted Findings
6. 737 Plum St Demolition Application & Attachments
7. 737 Plum St HPC Presentation 10-08-15
8. 737 Plum St Code Compliance Report 3-13-12
9. 737 Plum St Marpe Development Plans 9-13-12
10. 737 Plum St HPC Photographs 10-1-15
11. 737 Plum St Aerial
12. 737 Plum St 1903-1925 Sanborn Map
737 Plum Withdraw Appeal
City of Saint Paul Page 11 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
47 AHPC 16-4 Public hearing to consider the appeal of property owners, Saint Paul
Housing and Redevelopment Authority (HRA), to a decision by the
Heritage Preservation Commission denying the demolition of 275 Bates
Avenue in the Dayton's Bluff Heritage Preservation District. (Public
hearing continued from August 17, 2016) (To be withdrawn.)
Sponsors: Finney
Attachments: 1. 275 Bates Ave Appeal Letter
2. 275 Bates Ave HPC Order and Decision Letter
3. 275 Bates Ave HPC Minutes 10-8-15 (unapproved)
4. 275 Bates Ave Written Testimony 10-7-15
5. 275 Bates Ave HPC Staff Report with Adopted Findings
6. 275 Bates Ave Demolition Application & Attachments
7. 275 Bates Ave HPC Presentation 10-08-15
8. 275 Bates Ave Code Compliance Report 8-4-09
9. 275 Bates Ave Photographs 10-1-15
10. 275 Bates Ave Aerial Image
11. 275 Bates Ave 1903-1925 Sanborn Map
275 Bates Withdraw Appeal
48 RES PH Reducing permit limits for house numbers 57-75 and 89-115 Cleveland
16-300 Ave South in Residential Permit Parking Area 22.
Sponsors: Stark
Attachments: Reducing permit limits for house numbers 57-75 and 89-115 Cleveland Ave S in Reside
Reducing permit limits for house numbers 57-75 and 89-115 Cleveland Ave S in Reside
49 RES PH Final Order approving the construction of improvements along Wabasha
16-90 Street from Plato Boulevard to Fillmore Avenue, and approving the
annual operation and maintenance costs for the above-standard
lighting. (File No. 19188, Assessment No. 165210) (Public hearing
continued from June 15, 2016)
Sponsors: Noecker
Attachments: Assessment Roll 19188
115 S Wabasha opposition to assessment
50 RES PH Ratifying the assessment for the University Avenue from Robert Street
16-233 to 12th Street paving and lighting project constructed as part of the 2016
St. Paul Street Paving Program (SPS). (File No. 19187, Assessment No.
165209)
Sponsors: Thao
Attachments: Assessment Roll
City of Saint Paul Page 12 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
51 RES PH Ratifying the assessment for the Como/Chatsworth, Phase II paving and
16-231 lighting project constructed as part of the 2016 St. Paul Street Paving
Program (SPS). (File No. 19189, Assessment No. 165205)
Sponsors: Brendmoen
Attachments: Assessment Roll
J. Sundberg Letter
52 RES PH Ratifying the assessment for the Como/Chatsworth, Phase I, Part B
16-232 paving and lighting project constructed as part of the 2015 St. Paul
Street Paving Program (SPS). (File No. 19167 PHASE2, Assessment
No. 155205)
Sponsors: Brendmoen
Attachments: Assessment Roll
J. Sundberg Letter
53 RES PH Ratifying the assessments for Repair of Sanitary Sewer Line on Private
16-241 Property during April to June 2016. (File No. SWRP1604, Assessment
No. 163003)
Sponsors: Stark
Attachments: Assessment Roll
54 RES PH Ratifying the assessments for Replacement of Lead Water Service Line
16-242 on Private Property during April to June 2016. (File No. 1604LDSRP,
Assessment No. 164003)
Sponsors: Stark
Attachments: Assessment Roll
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.
55 RLH FCO Appeal of Robert Kopf to a Fire Safety Inspection Appointment at 950
16-132 ASHLAND AVENUE.
Sponsors: Thao
Attachments: 950 Ashland.appeal.08-15-16
950 Ashland Ave.Kopf Ltr.8-25-16
City of Saint Paul Page 13 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
56 RLH FCO Appeal of Katie Trunk, Twin Cities Home Rental, to a Reinspection Fire
16-114 Certificate of Occupancy With Deficiencies at 941 BEECH STREET.
Sponsors: Prince
Attachments: 941 Beech St.appeal.7-22-16
941 Beech St.Photos.4-20-16
941 Beech St.Fire C of O Ltr.4-20-16
941 Beech St.Trunk Ltr.8-7-16
941 Beech St.Work Plan.8-16-16
941 Beech St.Bump Ltr.8-17-16
57 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 194
16-367 CESAR CHAVEZ STREET. (File No. J1612A, Assessment No. 168530)
Sponsors: Noecker
Attachments: 194 CESAR CHAVEZ STREET.SUMMARY ABATEMENT. 5-11-16
58 RLH CO Appeal of Mai Yer Soung to a Fire Inspection Correction Notice at 569
16-29 DALE STREET NORTH.
Sponsors: Thao
Attachments: 569 Dale Street N.appeal.07-13-16
569 Dale St N.Soung Ltr.7-27-16
569 Dale St N.Soung Ltr.8-24-16
59 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 715
16-358 EDGERTON STREET. (File No. J1612A, Assessment No. 168530)
Sponsors: Brendmoen
Attachments: 715 Edgerton St.SAO.4-27-16
715 Edgerton St.Photos.5-6-16
60 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 291
16-372 EDMUND AVENUE. (File No. J1612A, Assessment No. 168530)
Sponsors: Thao
Attachments: 291 Edmund Ave.TG&W Letter 5-10-16
291 Edmund Ave.Photos.5-16-16
61 RLH FCO Appeal of Zaw Wai to a Correction Notice-Complaint Inspection at 933
16-129 FIFTH STREET EAST.
Sponsors: Prince
Attachments: 933 Fifth St E.appeal.8-8-16
933 Fifth St E.photos.7-28-16
933 Fifth St E.Wai Ltr.8-17-16
City of Saint Paul Page 14 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
62 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 327
16-399 FRONT AVENUE (File No. J1612A, Assessment No. 168530).
Sponsors: Brendmoen
Attachments: 327 Front Ave.TGW Ltr.5-6-16
327 Front Ave.Photos.5-12-16
63 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 2153
16-361 GLENRIDGE AVENUE. (File No. J1612A, Assessment No. 168530)
Sponsors: Prince
Attachments: 2153 Glenridge Ave.TGW Letter.5-20-16
2153 Glenridge Ave.Photos.5-26-16
64 RLH RR Ordering the razing and removal of the structures at 1242 HEWITT
16-35 AVENUE within fifteen (15) days after the September 7, 2016, City
Council Public Hearing. (Public hearing continued from September 7)
Sponsors: Stark
Attachments: 1242 Hewitt Ave.OTA 6-8-16
1242 Hewitt Ave.PH 7-8-16
1242 Hewitt Ave.SHPO Form 6-13-16
1242 Hewitt Ave.Photos.4-15-14
1242 Hewitt Ave.Photos #1.6-2-16
1242 Hewitt Ave.Photos #2.6-2-16
1242 Hewitt Ave.FTA R-R Ltr.8-10-16
1242 Hewitt Ave.Shelton R-R Ltr.8-25-16
65 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1005
16-378 HUBBARD AVENUE. (File No. J1611B, Assessment No. 168111)
Sponsors: Thao
Attachments: 1005 Hubbard Ave.Respro Invoice.4-14-16
1005 Hubbard Ave.Police Rpt.4-11-16
66 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 606
16-375 LAFOND AVENUE. (File No. J1612A, Assessment No. 168530)
Sponsors: Thao
Attachments: 606 Lafond Ave.SAO.5-19-16
606 Lafond Ave.Photos.5-25-16
67 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1238
16-371 MARION STREET. (File No. J1612A, Assessment No. 168530)
Sponsors: Brendmoen
Attachments: 1238 Marion St.TG&W Letter 5-5-16
1238 Marion St.Photos.5-9-16
City of Saint Paul Page 15 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
68 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1554
16-428 MIDWAY PARKWAY (File No. J1612A, Assessment No. 168530).
Sponsors: Stark
Attachments: 1554 Midway Pkwy.TG&W Ltr.5-3-16
69 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1763
16-364 MINNEHAHA AVENUE EAST. (File No. J1612A, Assessment No.
168530)
Sponsors: Prince
Attachments: 1763 Minnehaha Ave E.SA 4-27-16
1763 Minnehaha Ave E.Photos.5-2-16
70 RLH RR Ordering the rehabilitation or razing and removal of the structures at 874
16-40 PASCAL STREET NORTH within fifteen (15) days after the September
21, 2016, City Council Public Hearing. (Public hearing to be continued to
October 5)
Sponsors: Stark
Attachments: 874 Pascal St N.OTA 6-14-16
874 Pascal St N.PH 7-22-16
874 Pascal St N.SHPO Form 6-24-16
874 Pascal St N.Photos.3-26-14
874 Pascal St N.Photos.6-9-16
874 Pascal St N.Photos.6-21-16
874 Pascal St N.Mack. R-R Ltr.8-24-16
874 Pascal St.Account Summary.9-12-16
874 Pascal St.Twin Cities Restoration Proposal.9-12-16
874 Pascal St N.Mack. R-R Ltr.9-14-16
71 RLH TA Deleting the Appealed Special Tax Assessment for Property at 602
16-357 PRIOR AVENUE NORTH. (File No. J1610P, Assessment No. 168410)
Sponsors: Stark
City of Saint Paul Page 16 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
72 RLH RR Ordering the razing and removal of the structures at 1094 REANEY
16-25 AVENUE within fifteen (15) days after the August 3, 2016, City Council
Public Hearing. (Public hearing continued from August 17)
Sponsors: Prince
Attachments: 1094 Reaney Ave.OTA 5-5-16
1094 Reaney Ave.PH 6-10-16
1094 Reaney Ave.PH Letter 6-15-16
1094 Reaney Ave.SHPO Form 5-24-16
1094 Reaney Ave.Photos #1.4-21-16
1094 Reaney Ave.Photos #2.4-21-16
1094 Reaney Ave.Otten Ltr.7-14-16
1094 Reaney Ave.CCI Report.7-14-16
1094 Reaney Ave.Otten R-R Ltr.7-27-16
73 RLH TA Deleting the Appealed Special Tax Assessment for Property at 601
16-356 RICE STREET. (File No.J1610P, Assessment No. 168410)
Sponsors: Thao
Attachments: 601 Rice St.Before and After Graffiti Photos.5-16-16
74 RLH TA Deleting the Appealed Special Tax Assessment for Property at 1210
16-374 ROSS AVENUE. (File No. J1612A, Assessment No. 168530)
Sponsors: Bostrom
Attachments: 1210 Ross Ave.SAO.5-11-16
75 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1633
16-373 SAINT ANTHONY AVENUE/372 FRY STREET. (File No. J1612A,
Assessment No. 168530)
Sponsors: Stark
Attachments: 372 Fry St.SA 4-14-16
1633 St Anthony Ave.Photos.5-3-16
1633 St Anthony Ave.Photos.4-21-16
76 RLH FCO Appeal of Mark Cemensky to a Re-Inspection Fire Certificate of
16-118 Occupancy With Deficiencies at 2156 SAINT ANTHONY AVENUE.
Sponsors: Stark
Attachments: 2156 St. Anthony Ave.appeal.7-25-16
2156 Saint Anthony Ave.Photos.8-2-16 #1
2156 Saint Anthony Ave.Photos.8-2-16 #2
2156 Saint Anthony Ave.Cemensky Ltr.8-11-16
2156 St Anthony Ave.Photos.8-22-16
2156 Saint Anthony Ave.Cemensky Ltr.8-25-16
City of Saint Paul Page 17 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
77 RLH TA Deleting the Appealed Special Tax Assessment for Property at 414
16-365 SEVENTH STREET WEST. (File No. J1610P, Assessment No.168410)
Sponsors: Noecker
78 RLH FCO Appeal of Thomas M. Carbone, Carbone's Pizza, to a Correction
16-147 Notice-Reinspection Complaint at 680 SEVENTH STREET EAST.
Sponsors: Prince
Attachments: 680 Seventh St E.appeal.Thomas Carbone
680 Seventh St E.photos 6-16-16
680 Seventh St E.Carbone Ltr.9-8-16
79 RLH TA Amending Council Files Nos. RLH AR 16-50 and RLH TA 16-326 to
16-440 delete the assessment for Property Clean Up services during April 1 to
28, 2016 at 1241 SEVENTH STREET WEST. (File No. J1611A,
Assessment No. 168527).
Sponsors: Noecker
Attachments: 1241 Seventh St W.Staff Report
1241 Seventh St W.Minutes 9-6-16
80 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1330
16-366 SEVENTH STREET EAST. (File No. J1612A, Assessment No. 168530)
Sponsors: Prince
Attachments: 1330 SEVENTH STREET EAST. TGW ORDER.5-3-16
1330 7th St E.Photos.5-11-16
81 RLH SAO Appeal of Joele Johnson to a Summary Abatement Order and Vehicle
16-32 Abatement Order at 215 SHERBURNE AVENUE.
Sponsors: Thao
Attachments: 215 Sherburne Ave.appeal.8-22-16
215 Sherburne Ave.Photo.9-1-16
215 Sherburne Ave.Johnson Ltr.9-8-16
City of Saint Paul Page 18 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
82 RLH RR Ordering the razing and removal of the structures at 910 SIXTH
16-22 STREET EAST within fifteen (15) days after the August 3, 2016, City
Council Public Hearing. (Public hearing continued from August 3)
(Amended to remove to repair the building within 30 days after
September 21, 2016)
Sponsors: Prince
Attachments: 910 6th St E.OTA 4-22-16
910 6th St E.PH 6-10-16
910 6th St E.SHPO Form 5-12-16
910 6th St E.Photos #1.4-6-16
910 6th St E.Photos #2.4-6-16
910 Sixth St E.Dockry Ltr.7-14-16
910 6th St E.Dockry-Moermond Emails.7-27-16
910 Sixth St E.Dockry R-R Ltr.9-14-16
83 RLH TA Deleting the Appealed Special Tax Assessment for Property at 454
16-360 SMITH AVENUE NORTH (File No. J1612A, Assessment No. 168530).
Sponsors: Noecker
Attachments: 454 Smith Ave N.TGW Ltr.5-13-16
454 Smith Ave N.Fire Report.5-7-16
84 RLH TA Deleting the Appealed Special Tax Assessment for Property at 1075
16-382 STINSON STREET. (File No. J1612A, Assessment No. 168530)
Sponsors: Thao
Attachments: 1075 Stinson St.Summary Abatement Order Ltr.5-19-16
85 RLH TA Deleting the Appealed Special Tax Assessment for Property at 490
16-402 UNIVERSITY AVENUE WEST (File No. J1610P, Assessment No.
168410).
Sponsors: Thao
Attachments: 490 University Ave W.Graffiti Letter.4-25-16
490 University Ave W.Graffiti Photos.5-3-16
490 University Ave W.Waiver Ltr.12-10-15
490 University Ave W.Email to delete.8-24-16
City of Saint Paul Page 19 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
86 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 544
16-391 UNIVERSITY AVENUE WEST (File No. J1612A, Assessment No.
168530).
Sponsors: Thao
Attachments: 544 University Ave W.Emergency Abatement Order.5-5-16
544 University Ave W.SAO.5-5-16
544 University Ave W.SAO.5-10-16
544 University Ave W.Photos.5-16-16
544 Unversity Ave W.SAO.5-18-16
544 University Ave W.Photos.5-18-16
544 University Ave W.Photos.5-24-16
87 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 979
16-339 UNIVERSITY AVENUE WEST. (File No. CRT1611, Assessment No.
168212)
Sponsors: Thao
Attachments: 979 University Ave W.fee invoice.3-4-16
979 University Ave W.final invoice.4-4-16
979 University Ave W.Owner Ltr.
Chapter 40 Fire C of O Fee Ord Adopted 12-2-15
979 University Ave W.Fee Invoice.9-28-06
979 University Ave W.Fee Over Due Invoice.11-27-06
979 University Ave W.Fee Over Due Invoice.12-27-06
88 RLH CO Appeal of Timothy J. Spann to a Correction Notice - Complaint
16-33 Inspection at 731 VAN BUREN AVENUE.
Sponsors: Thao
Attachments: 731 Van Buren Avenue.appeal.07-28-16
731 Van Buren Ave.Spann Ltr.8-17-16
731 Van Buren Ave.Spann Ltr.9-8-16
89 RLH VBR Appeal of Casey Doyle to a Vacant Building Registration Renewal
16-54 Notice at 1048 VAN SLYKE AVENUE.
Sponsors: Brendmoen
Attachments: 1048 Van Slyke Ave.appeal.8-17-16
1048 Van Slyke Ave.Photos.9-2-15
1048 Van Slyke Ave.Doyle Ltr.8-25-16
City of Saint Paul Page 20 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
90 RLH VBR Appeal of John and Marjorie Kisch to a Summary Abatement Order and
16-52 Vacant Building Registration Notice at 612 WELLS STREET.
Sponsors: Bostrom
Attachments: 612 Wells Street.appeal.08-12-16
612 Wells St.photos.08-05-16
612 Wells St.Fire C of O Revocation.6-21-16
612 Wells St.Kisch Ltr.8-25-16
91 RLH TA Deleting the Appealed Special Tax Assessment for Property at 429
16-363 WHITALL STREET. (File No. J1610P, Assessment No. 168410)
Sponsors: Bostrom
92 RLH VO Appeal of Al Bernstein and Jeff Bernstein to a Fire Certificate of
16-30 Occupancy Revocation and Order to Vacate at 1225 WHITE BEAR
AVENUE NORTH. (Public hearing continued from September 7)
Sponsors: Bostrom
Attachments: 1225 White Bear Ave N.appeal.07-18-16
1225 White Bear Ave N.photos.06-08-16
1225 White Bear Ave N.photos2.06-08-16
1225 White Bear Ave.Aerial Map.2015
1225 White Bear Ave.Google Street View.2015
1225 White Bear Ave.Aerial Map w prop tax parcels.2015
1225 White Bear Ave.Owner Photo-Survey.8-2-16
1225 White Bear Ave.Survey with notes.9-12-16
1225 White Bear Ave N.Bernstein Ltr.8-5-16
1225 White Bear Ave N.Bernstein Ltr.9-15-16
1225 White Bear Ave.Photos.9-13-16
93 RLH RR Ordering the razing and removal of the structures at 503 WINONA
16-41 STREET EAST within ninety (90) days after the September 21, 2016,
City Council Public Hearing.
Sponsors: Noecker
Attachments: 503 Winona St E.OTA 6-14-16
503 Winona St E.PH 7-22-16
503 Winona St E.SHPO Form 6-24-16
503 Winona St E.Photos.10-26-11
503 Winona St E.Photos.6-9-16
503 Winona St E.Photos.7-28-16
503 Winona St E.Kujala-Scharf. R-R Ltr.8-24-16
City of Saint Paul Page 21 Printed on 9/21/2016
City Council Meeting Agenda September 21, 2016
94 RLH AR Ratifying the assessments for Boarding and/or Securing services during
16-58 April 2016. (File No. J1611B, Assessment No. 168111)
Sponsors: Stark
Attachments: Assessment Roll
95 RLH AR Ratifying the assessments for Graffiti Removal services during April 5 to
16-59 May 18, 2016. (File No. J1610P, Assessment No. 168410)
Sponsors: Stark
Attachments: Assessment Roll
96 RLH AR Ratifying the assessments for Property Clean Up services during May 4
16-60 to 31, 2016. (File No. J1612A, Assessment No. 168530)
Sponsors: Stark
Attachments: Assessment Roll
97 RLH AR Ratifying the assessments for Trash Hauling services during May 4 to
16-61 25, 2016. (File No. J1612G, Assessment No. 168712)
Sponsors: Stark
Attachments: Assessment Roll
98 RLH AR Ratifying the assessments for Collection of Vacant Building Registration
16-62 fees billed during September 10 to December 31, 2015. (File No.
VB1614, Assessment No. 168821)
Sponsors: Stark
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 22 Printed on 9/21/2016