Muyni
← Back to St. Paul

City Council

Regular Meeting

St. Paul, MN · September 21, 2016

AgendaMinutes

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 City of Saint Paul Page 1 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 City of Saint Paul Page 2 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 City of Saint Paul Page 3 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 City of Saint Paul Page 4 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. City of Saint Paul Page 5 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 City of Saint Paul Page 6 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 City of Saint Paul Page 7 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 City of Saint Paul Page 8 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 City of Saint Paul Page 9 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 City of Saint Paul Page 10 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. City of Saint Paul Page 11 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 City of Saint Paul Page 12 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 City of Saint Paul Page 13 City Council Minutes - Final September 21, 2016 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 City of Saint Paul Page 14 City Council Minutes - Final September 21, 2016 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. City of Saint Paul Page 15 City Council Minutes - Final September 21, 2016 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 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 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