City Council
Regular MeetingSt. Paul, MN · November 1, 2017
Minutes
City Hall and Court House
City of Saint Paul 15 West Kellogg Boulevard
Council Chambers - 3rd
Floor
Minutes - Final 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, November 1, 2017 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 at 3:32 p.m.
Present 6 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen,
Councilmember Dai Thao, Councilmember Russ Stark, Councilmember
Rebecca Noecker and Councilmember Jane L. Prince
Absent 1 - Councilmember Chris Tolbert
COMMUNICATIONS & RECEIVE/FILE
1 CO 17-58 Letters from the Department of Safety and Inspections declaring 1060
Avon Street North and 380 York Avenue as nuisance properties. (For
notification purposes only; public hearings will be scheduled at a later
date if necessary.)
Received and Filed
2 AO 17-80 Authorizing the Department of Parks and Recreation to reallocate a total
of $161,375 within its various accounting units in the 2017 adopted
budget, thereby adjusting the budget to most accurately reflect the
projected actual spending in each accounting unit, while also providing
the appropriate levels of spending authority.
Received and Filed
3 AO 17-81 Amending Activities Budgets to include the 2017 CDBG Federal Grant.
Received and Filed
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City Council Minutes - Final November 1, 2017
CONSENT AGENDA
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
Consent Agenda adopted as amended
Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Stark, Councilmember Noecker and Councilmember
Prince
Nay: 0
Absent: 1- Councilmember Tolbert
4 RES 17-1681 Approving the City’s cost of providing Excessive Use of Inspection or
Abatement services billed during June 22 to July 21, 2017, and setting
date of Legislative Hearing for December 5, 2017 and City Council
public hearing for January 17, 2018 to consider and levy the
assessments against individual properties. (File No. J1803E,
Assessment No. 188302)
Adopted
5 RES 17-1682 Approving the City’s cost of providing Collection of Vacant Building
Registration Fees billed during January 4 to July 21, 2017, and setting
date of Legislative Hearing for December 5, 2017 and City Council
public hearing for January 17, 2018 to consider and levy the
assessments against individual properties. (File No. VB1803,
Assessment No. 188802)
Adopted
6 RES 17-1683 Approving the City’s cost of providing Graffiti Removal during August 8 to
September 22, 2017, and setting date of Legislative Hearing for
December 5, 2017 and City Council public hearing for January 17, 2018
to consider and levy the assessments against individual properties. (File
No. J1802P, Assessment No. 188401)
Adopted
7 RES 17-1685 Approving the City’s cost of providing Property Clean Up during
September 1 to 29, 2017, and setting date of Legislative Hearing for
December 5, 2017 and City Council public hearing for January 17, 2018
to consider and levy the assessments against individual properties. (File
No. J1804A, Assessment No. 188503)
Adopted
City of Saint Paul Page 2
City Council Minutes - Final November 1, 2017
8 RES 17-1686 Approving the City’s cost of providing Trash Hauling during September 1
to 28, 2017, and setting date of Legislative Hearing for December 5,
2017 and City Council public hearing for January 17, 2018 to consider
and levy the assessments against individual properties. (File No.
J1804G, Assessment No. 188703)
Adopted
10 RES 17-1723 Authorizing the Department of Parks and Recreation to solicit and accept
donations for the 2018 Citywide Spring Cleanup event.
Adopted
11 RES 17-1725 Authorizing the Department of Parks and Recreation to apply for funding
for environmental education programs and engagement with
under-represented groups in regional parks and, if successful, enter into
an agreement providing indemnification for Capitol Region Watershed
District.
Adopted
12 RES 17-1730 Approving a waiver of the 45-day notification waiting period in to approve
a Wine On Sale and Malt On Sale (Strong) license with conditions to
Krungthep Thai, LLC, d/b/a Krungthep Thai Restaurant Fusion & Grill
(License ID #20170003477) at 1141 Rice Street.
Adopted
13 RLH OA 17-21 Making recommendation to Ramsey County on the application of
Michele Keller for repurchase of tax forfeited property at 1300
ALBEMARLE STREET.
Adopted
FOR DISCUSSION
Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen,
Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember
Russ Stark, Councilmember Rebecca Noecker and Councilmember Jane L.
Prince
City of Saint Paul Page 3
City Council Minutes - Final November 1, 2017
9 RES 17-1661 Amending City of Saint Paul Civil Service Rules: Rule 2 - Definitions;
Rule 5D - Residence; Rule 7 - Eligible Lists; Rule 8 - Filling Vacancies,
8.A.1, 8.A.2, 8.A.3, 8.A.4, 8.B.1, 8.B.1.a, 8.C; Rule 9 - Reporting for or
Waiving Employment; Rule 10 - Probation, 10.E; and Rule 14 -
Promotion Requirements.
Councilmember Prince said she will vote against this. This is codifying something that
should be limited to the civil service rules.
Council President Stark moved approval.
6 in favor, one opposed (Prince)
Resolution is adopted
Adopted
Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark and Councilmember
Noecker
Nay: 1- Councilmember Prince
SUSPENSION ITEM
Rules are suspended
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
RES 17-1757 Honoring Russell Klein and Desta Maree Klein on the 10th Anniversary of
the opening of Meritage.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
ORDINANCES
An ordinance is a city law enacted by the City Council. It is read at four separate
council meetings and becomes effective after passage by the Council and 30 days
after publication in the Saint Paul Legal Ledger. Public hearings on ordinances are
held at the third reading.
Final Adoption
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City Council Minutes - Final November 1, 2017
14 Ord 17-28 Amending Chapter 324 of the Legislative Code by adding menthol, mint
or wintergreen and fruit to the definition of flavored products.
Adopted
Yea: 6- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,
Councilmember Stark, Councilmember Noecker and Councilmember Prince
Nay: 1- Councilmember Bostrom
First Reading
15 Ord 17-55 Granting the application of Twin City Concrete Products Co. to rezone
property at 1477-1485 Minnehaha Avenue East from VP Vehicular
Parking to T2 Traditional Neighborhood, and amending Chapter 60 of
the Legislative Code pertaining to the zoning map.
Laid over to November 8 for second reading
16 Ord 17-56 Granting the application of Michael Mohrlant to rezone the property at
550 Smith Avenue South from RM2 multiple family to B2 community
business, and amending Chapter 60 of the Legislative Code pertaining
to the zoning map.
Laid over to November 8 for second reading
BUDGET AMENDMENT PUBLIC HEARINGS (Held during the 3:30 portion of the
meeting)
17 RES PH 17-281 Accepting a grant from AARP in the amount of $20,000 for the purpose
of improving pedestrian safety along Marion Street between St. Anthony
Avenue and University Avenue, and amending the financing and
spending plans in the Department of Public Works capital budget.
Councilmember Brendmoen said this is already installed. It is a wonderful
improvement.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
18 RES PH 17-309 Authorizing the acceptance of $25,000 in United States Department of
the Interior Certified Local Government Grant funds from the Minnesota
Historical Society to complete a Cultural Resources Reconnaissance
Survey of the Hamline-Midway Neighborhood, and amending the 2017
budget.
Adopted
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City Council Minutes - Final November 1, 2017
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
19 RES PH 17-311 Amending the 2017 River Print budget to provide additional spending
and financing for new billing and ordering software.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
PUBLIC HEARINGS (Public hearings will begin at 5:30 p.m.)
20 Ord 17-51 Amending Chapter 198 of the Legislative Code pertaining to the keeping
of chickens.
(See notes on Item 22)
Public hearing continued to November 8 at 3:30 p.m.
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
21 Ord 17-52 Amending Chapter 357 of the Legislative Code to allow composting of
fowl fecal waste or fowl litter.
(See notes on Item 22)
Brendmoen moved a one week layover.
7 in favor, none opposed
Public Hearing is continued to November 8 at 3:30
Public hearing continued to November 8 at 3:30 p.m.
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
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City Council Minutes - Final November 1, 2017
22 Ord 17-53 Amending Chapter 310 of the Legislative Code to add permit fees for
Tier 1 Permits and Tier 2 Permits relating to the keeping of chickens.
Items 20, 21, 22
Councilmember Brendmoen stated her intention is to hold over public hearings for a
week. Food Commission wanted an opportunity to look at this.
Travis Bistodeau, Deputy Director for Department of Safety and Inspections, gave a
staff report. These were drafted at the request of Councilmember Brendmoen. The
proposed ordinance would have 3 significant impacts. Treats a tiered structure. He
explained. Large flocks would still be required to meet the requirements. Limits the
ordinance to 15 chickens. Also, allows them to compost to be used by property
owners only. DSI is supportive of these amendments.
Tolbert said he likes that there is a cap amount. This takes away signoff from
neighbors. What is the justification for that?
Bistodeau said in their experience is that they get few complaints from owners and
applicants of small flocks. Chickens don’t generate a lot of complaints. It is similar
to Minneapolis.
Councilmember Tolbert said there is a good reason to have neighbors sign off.
Brendmoen said 6 and under is what Minneapolis has updated and also more of a
threshold when there are problems with more than 6 chickens. With 6 or more, there
are issues with noise, maintenance, chickens getting loose and smell.
Councilmember Bostrom said if I want 5 or 6 chickens, people next door have no say.
If someone cannot get their next door neighbors to sign off, this is a problem. He has
an amendment, they must notify and obtain written consent and applicants must
provide proof of notification and consent. That is a courtesy that we extend to
neighbors. “Or” is taken out.
Brendmoen moved that motion. She said she would like that information for a dog,
too. Said the amendment should be open before voting on the amendment.
Council President Stark said it is not obvious that chickens are less than dogs. It
may be true. We don’t require a special permit for up to 3 dogs. That is an important
point.
Councilmember Prince said the issue of consent, it has come to her attention, that a
lot of her ward—Highwood Hills—their property backs up to public land. It is hard to
get consent. On the consent part of it, if you are backed up to a public park, you don’t
need to get consent. Is there an exception like that?
Tolbert said he does not know what the right consent is. It would make sense to add
an ability for people to appeal. We do live in the City. There is farmland in a 15
minute drive. Some of this stuff is bringing farming in the City. I go back and forth on
this stuff. Consent is important. A fair consent would be good.
Thao said she has some good recipes for chicken. It would be helpful to hear from
both sides. Both have their merits. We are extending the public hearing.
In opposition:
(no one in opposition)
In support:
Audrey Matson, 1654 Englewood Avenue, lived there for 20 years. (Read letter that
she sent to Council) They are backyard chicken keepers. They have a chicken
keeping business. Chickens are pets with benefits. Chickens are no noisier than
other pets. They have personally had more than 5. Four chickens provide plenty of
eggs for a family.
(No one else in support)
Brendmoen recognized egg business and said it is more than chickens. They have
cheese making, plant sampling. This is something that people want and have.
Ed Jirak, 390 Goodrich Avenue. He has had 5 to 8 chickens for six years now. He
would like to add that all his neighbors like that he has chickens. He gives them eggs
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City Council Minutes - Final November 1, 2017
which keeps the peace. He keeps it clean. He does not get complaints. Everyone
likes the idea.
Bostrom reiterated his amendment. It is really a courtesy to the people who live next
door. It is unfair to not be courteous enough. The amendment is before them.
Brendmoen is open to making changes. This is just streamlining the process. We
have more time and there is a better way to communicate what he is trying to
accomplish. She would speak against it.
Counhcilmember Noecker said she would prefer to have a week to think about it. She
would vote no for today.
Bostrom said he will withdraw it for now. It is an issue of courtesy for the neighbors. It
is important to consider the people next door.
Brendmoen moved to continue for one week.
7 in favor, none opposed
Public hearing is continued to November 8 at 3:30
Public hearing continued to November 8 at 3:30 p.m.
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
23 RES PH 17-310 Approving the application of Anderson Race Management for a sound
level variance in order to present announcements and music on Sunday,
November 5, 2017 for the Chocoholic Frolic 5K/10K Run and Walk at
Harriet Island.
(No one wished to speak.)
Councilmember Noecker moved to close the public hearing and approve.
7 in favor, none opposed
Public hearing is closed and resolution is adopted.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
City of Saint Paul Page 8
City Council Minutes - Final November 1, 2017
24 APC 17-1 Public hearing to consider the appeal of the Dayton's Bluff Community
Council to a decision of the Planning Commission approving a change of
nonconforming use from bar to tobacco shop at 937-3rd Street East.
(Public hearing held November 1)
Bill Dermody, Planning and Economic Development, is here for a staff report. This is
about 937 Third Street East. He showed a photo. The subject site in the photo is the
Beehive Bar. For a tobacco shop, 90% of gross revenue comes from tobacco sales.
Tobacco shop use would replace the bar use. Beehive Bar has been there for over a
century. You can change from one legally nonconforming use to another
nonconforming use if you get approval from the Planning Commission. They said the
requirements have been met. Dayton’s Bluff appealed after the Planning Commission
meeting. The findings most at issue are 2a and 2c. The proposed use is appropriate
to the neighborhood. Tobacco shops are separated by a certain distance in the
zoning code. The Planning Commission approved this use.
Councilmember Bostrom asked about the use. Dermody responded if this was zoned
T2, it could go in without permission.
The following spoke in support of the appeal:
Quintin Koger Kidd, 1064 Pacific Street;
Deanna Abbott-Foster, 804 Margaret Street.
(No one else wanted to be heard in support.)
The following spoke in opposition:
Brian Sherrick, 1837 Third Street, son-in-law of owner, Beehive Bar
Councilmember Prince asked did he consider meeting with the community council.
Mahmoud said he has no idea where they work.
(No one else wanted to be heard.)
Prince moved to close the public hearing and the motion carried.
Prince said there is an opportunity based on Foster’s testimony and to lay over to have
Mahmoud meet with the community council and talk to them about his plans. With
District 4 there is an additional benefit. He would like to give the 2 sides the
opportunity to meet. She would like to lay this over to December 6.
Council President Stark asked is that in the time clock. Dermody responded that
September 23 is the deadline to take action.
Councilmember Noecker said she will support it. There is not enough justification that
there are errors made by the Planning Commission. While she is sympathetic to the
community claims, that would apply to any neighborhood and any tobacco stores.
Councilmember Thao said he will speak in favor of the motion to ensure each other’s
values are heard.
7 in favor none opposed
Item is laid over to December 6 at 3:30
City of Saint Paul Page 9
City Council Minutes - Final November 1, 2017
Public hearing closed; laid over to December 6
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
25 RES PH 17-294 Establishing the Water Charges for 2018. (Public hearing held
November 1)
(No one wanted to be heard.)
Councilmember Noecker moved to close the public hearing and lay over to December
13.
7 in favor, none opposed
Public hearing is closed and resolution is laid over to December 13
Public hearing closed, laid over to December 13
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
26 RES PH 17-298 Setting the recycling service fee for 2018, and authorizing Public Works
to request $745,493 in SCORE grant funds from Ramsey County to
support the curbside recycling program. (Public hearing held November
1)
(No one wanted to be heard.)
Councilmember Tolbert moved to lay over to December 13
7 in favor, none opposed
Public hearing is closed and resolution is laid over to December 13
Pubilc hearing closed; laid over to December 13
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
27 RES PH 17-312 Setting the 2018 Sanitary Sewer and Storm Sewer rates. (Public hearing
held November 1)
(No one wanted to be heard.)
Councilmember Thao moved to close the public hearing and lay over.
7 in favor, none opposed
Public hearing is closed and resolution is laid over to December 13
Public hearing closed; laid over to December 13
City of Saint Paul Page 10
City Council Minutes - Final November 1, 2017
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
LEGISLATIVE HEARING ITEMS FOR DISCUSSION
City of Saint Paul Page 11
City Council Minutes - Final November 1, 2017
37 RLH FCO Appeal of Brett Ripley to a Correction Notice-Reinspection Complaint at
17-169 1685 TAYLOR AVENUE. (Public hearing held November 1)
Marcia Moermond, Legislative Hearing Officer, said this is an appeal of an enforcement
action for zoning purposes. The building was constructed as a fourplex. The previous
owner used it as a threeplex and owner occupied two of the units as one and sold it to
the current owner who was one of the leases of the building. It was used as a fourplex
in the R4 District and downzoned as a threeplex. It is built as a fourplex. The owner
would like to use it that way. He has been using it as an Airbnb and parents in town,
etc. He appealed to the Board of Zoning Appeals and was denied. This led to the
enforcement action which is to stop the illegal occupancy of the fourth unit, remove the
kitchen, and the sleeping/living materials from that unit. Because of the intermittent
occupancy, her recommendation is for denial of the appeal.
Brett Ripley, 1679 Hubbard Avenue, said he and his wife live in the Midway with two
boys. As he was waiting for the Legislative Hearing, he looked at the Star Tribune and
there was a cover story about affordable housing. It is a big deal in the Twin Cities.
His is a nice, safe apartment. It has been inspected several times. It is up to code.
Despite all those things, they house the family when they come into town. He works in
software and cannot open up the laptop and use it as an office space. He tried to
apply for the re-establishment of a nonconforming use. Even though there is an
opportunity to add affordable apartments to Saint Paul, allow them to make end
meets, and add tax revenue, it was denied. The way the zoning laws are laid out, and
the re-establishment of nonconforming use, the way it is written, is getting in the way of
affordable housing in the Twin Cities. It stifles affordable housing. It is difficult for
small time landlords who do not have time to work themselves through the
bureaucracy. They run the risk of people scoflawing at the law. It is hard to see the
rationality of things like this. It seems like people try to do it the right way and they are
paying for it right now. They should look at the application for establishment and
re-establishment for nonconforming use.
There is a motion to close the public hearing and motion carried.
Council President Stark said from the technical effort, the orders are appropriate.
Ripley makes a lot of good points about whether they are getting the outcomes they
want. Stark wonders about the required removal of the kitchen. Moermond responded
going to the Board of Zoning Appeals is the first stop. Whatever they say is
appealable to the Council. Enforcement-wise, a decision was made that this is not a
legal fourplex. It is a threeplex. It requires the removal of the kitchen because it is a
repeat problem and continued to be used as a fourplex. That is why they require
removal of the kitchen, sleeping materials, etc. It sounds like the appeal was a couple
of years ago.
Councilmember Prince asked can he get a variance on that. If it is just a block
outside, it is a potential variance.
Stark moved a 5 week layover to get some time to talk through other options. He
does not know if there was neighborhood opposition. His guess is that there was not.
There might even be some support. The outcome seems absurd. He is wondering if
there is a different way to support this. Noecker concurs. Another constituent said
that the density requirement and fire certiciate of occupancy issues may be from an
earlier era. Some of these rules may be unrepresenting housing.
Stark moved to lay over for 5 weeks
City of Saint Paul Page 12
City Council Minutes - Final November 1, 2017
Motion carried
7 in favor, none opposed
Resolution is laid over to December 6 at 3:30
Public hearing closed; laid over to December 6
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
36 RLH SAO 17-85 Appeal of Mike Seeber to a Notice to Cut Tall Grass and/or Weeds at
1011 SELBY AVENUE.
Marcia Moermond, Legislative Hearing Officer, is asking for an amendment to be
made. She originally recommended a deadline of October 23. That does not make
sense anymore. She would like an amendment to November 6.
Adopted as amended (deadline of November 6)
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
LEGISLATIVE HEARING CONSENT AGENDA
Items listed under the Consent Agenda will receive a combined public hearing and be
enacted by one motion with no separate discussion. Items may be removed from the
Consent Agenda for a separate public hearing and discussion if desired.
Approval of the Consent Agenda
(No one wished to be heard.)
Councilmember Thao moved to close the public hearing and approve.
7 in favor, none opposed
Public hearing is closed and Legislative Hearing Consent Agenda is adopted as
amended
Legislative Hearing Consent Agenda adopted as amended
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
28 RLH SAO 17-88 Appeal of Frankie Adams to a Vehicle Abatement Order at 898
ALBEMARLE STREET.
Adopted
City of Saint Paul Page 13
City Council Minutes - Final November 1, 2017
29 RLH FCO Appeal of Greg Ryan to a Re-Inspection Fire Certificate of Occupancy
17-164 With Deficiencies at 505 AVON STREET NORTH.
Adopted
30 RLH FCO Appeal of Francis W. Crowley to a Revocation of Fire Certificate of
17-170 Occupancy and Order to Vacate at 2001 BREWSTER STREET.
Adopted
31 RLH VO 17-46 Appeal of Ronda Isakson to a Revocation of Fire Certificate of
Occupancy and Order to Vacate at 581 COMO AVENUE.
Adopted
32 RLH CO 17-34 Appeal of Eric Eddy to a Fire Certificate of Occupancy Correction Order
at 838 EDMUND AVENUE.
Adopted
33 RLH CO 17-36 Appeal of Paula M. Schilling to a Correction Notice at 824 FREMONT
AVENUE EAST.
Adopted
34 RLH VBR 17-66 Appeal of Margaret Bierbach, Magwood Properties, to a Vacant Building
Registration and Revocation of Fire Certificate of Occupancy and Order
to Vacate at 934 HAWTHORNE AVENUE.
Adopted
35 RLH SAO 17-87 Appeal of Frankie Adams to a Summary Abatement Order and Vehicle
Abatement Order at 917 RICE STREET.
Adopted
38 RLH VO 17-43 Appeal of Eric Eddy, E & K Real Estate Investments, to a Revocation of
Fire Certificate of Occupancy and Order to Vacate at 658-660 THOMAS
AVENUE.
Adopted
ADJOURNMENT
The meeting was adjourned at 6:38 p.m. (no motion made)
Yea: 0
Nay: 0
City of Saint Paul Page 14
City Council Minutes - Final November 1, 2017
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City of Saint Paul Page 15
Agenda
City Hall and Court House
City of Saint Paul 15 West Kellogg
Boulevard
Council Chambers - 3rd
Meeting Agenda Floor
Katie Burger, Executive
City Council Assistant, 651-266-8560
Council President Russ Stark
Councilmember Dan Bostrom
Councilmember Amy Brendmoen
Councilmember Rebecca Noecker
Councilmember Jane L. Prince
Councilmember Dai Thao
Councilmember Chris Tolbert
Wednesday, November 1, 2017 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 CO 17-58 Letters from the Department of Safety and Inspections declaring 1060
Avon Street North and 380 York Avenue as nuisance properties. (For
notification purposes only; public hearings will be scheduled at a later date
if necessary.)
Sponsors: Brendmoen and Bostrom
Attachments: 1060 Avon St N.OTA 10-18-17
380 York Ave.OTA 10-18-17
2 AO 17-80 Authorizing the Department of Parks and Recreation to reallocate a total of
$161,375 within its various accounting units in the 2017 adopted budget,
thereby adjusting the budget to most accurately reflect the projected actual
spending in each accounting unit, while also providing the appropriate
levels of spending authority.
Attachments: 2017 Budget A-O 10.18.17.xlsx
3 AO 17-81 Amending Activities Budgets to include the 2017 CDBG Federal Grant.
Attachments: Attachment A CDBG2017-2018 spending AO-17-81.pdf
City of Saint Paul Page 1 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
CONSENT AGENDA
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 the City’s cost of providing Excessive Use of Inspection or
17-1681 Abatement services billed during June 22 to July 21, 2017, and setting
date of Legislative Hearing for December 5, 2017 and City Council public
hearing for January 17, 2018 to consider and levy the assessments against
individual properties. (File No. J1803E, Assessment No. 188302)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
5 RES Approving the City’s cost of providing Collection of Vacant Building
17-1682 Registration Fees billed during January 4 to July 21, 2017, and setting date
of Legislative Hearing for December 5, 2017 and City Council public
hearing for January 17, 2018 to consider and levy the assessments against
individual properties. (File No. VB1803, Assessment No. 188802)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
6 RES Approving the City’s cost of providing Graffiti Removal during August 8 to
17-1683 September 22, 2017, and setting date of Legislative Hearing for
December 5, 2017 and City Council public hearing for January 17, 2018 to
consider and levy the assessments against individual properties. (File No.
J1802P, Assessment No. 188401)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
7 RES Approving the City’s cost of providing Property Clean Up during
17-1685 September 1 to 29, 2017, and setting date of Legislative Hearing for
December 5, 2017 and City Council public hearing for January 17, 2018 to
consider and levy the assessments against individual properties. (File No.
J1804A, Assessment No. 188503)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
City of Saint Paul Page 2 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
8 RES Approving the City’s cost of providing Trash Hauling during September 1 to
17-1686 28, 2017, and setting date of Legislative Hearing for December 5, 2017
and City Council public hearing for January 17, 2018 to consider and levy
the assessments against individual properties. (File No. J1804G,
Assessment No. 188703)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
9 RES Amending City of Saint Paul Civil Service Rules: Rule 2 - Definitions; Rule
17-1661 5D - Residence; Rule 7 - Eligible Lists; Rule 8 - Filling Vacancies, 8.A.1,
8.A.2, 8.A.3, 8.A.4, 8.B.1, 8.B.1.a, 8.C; Rule 9 - Reporting for or Waiving
Employment; Rule 10 - Probation, 10.E; and Rule 14 - Promotion
Requirements.
Sponsors: Stark
Attachments: proposed revised civil service rules 10.10.17
10 RES Authorizing the Department of Parks and Recreation to solicit and accept
17-1723 donations for the 2018 Citywide Spring Cleanup event.
Sponsors: Tolbert
11 RES Authorizing the Department of Parks and Recreation to apply for funding
17-1725 for environmental education programs and engagement with
under-represented groups in regional parks and, if successful, enter into an
agreement providing indemnification for Capitol Region Watershed
District.
Sponsors: Stark
12 RES Approving a waiver of the 45-day notification waiting period in to approve a
17-1730 Wine On Sale and Malt On Sale (Strong) license with conditions to
Krungthep Thai, LLC, d/b/a Krungthep Thai Restaurant Fusion & Grill
(License ID #20170003477) at 1141 Rice Street.
Sponsors: Brendmoen
Attachments: Krungthep Thai Restaurant Fusion & Grill - District 6 Planning Council letter of support
Krungthep Thai Restaurant Fusion & Grill - Signed License Condition Affidavit dated October 3rd
13 RLH OA Making recommendation to Ramsey County on the application of Michele
17-21 Keller for repurchase of tax forfeited property at 1300 ALBEMARLE
STREET.
Sponsors: Brendmoen
Attachments: 1300 Albemarle.repurchase application.9-29-17
1300 Albemarle St.STAMP History ao 10-2-17
1300 Albemarle St 5-Year Police Call Log ao 10-2-17
Repurchase Letter - 1300 Albemarle St.10-12-17
City of Saint Paul Page 3 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
FOR DISCUSSION
SUSPENSION ITEM
RES Honoring Russell Klein and Desta Maree Klein on the 10th Anniversary of
17-1757 the opening of Meritage.
Sponsors: Noecker
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.
Final Adoption
14 Ord 17-28 Amending Chapter 324 of the Legislative Code by adding menthol, mint or
wintergreen and fruit to the definition of flavored products.
Sponsors: Prince, Brendmoen, Thao, Stark, Noecker and Bostrom
Attachments: Hmong 18 Council letter
Metro OBGYN letter
Comment rec'd by Council
HealthPartners Letter to SP menthol
St. Paul Menthol LOS - RHI
CWMN Letter of Support - Restricting Menthol St Paul
ASNDC re menthol tobacco
Court Shoppe letter re tobacco ordinance
HAP_ltr_support_mentholSP_draft_20170517 BV signed
keeney letter re menthol tobacco
SHA Comment Menthol Cigarette Ordinance 8.17.17
AATCLC St. Paul Letter 9.11.17
SPPS Menthol Tobacco Resolution
American Indian Cancer Foundation letter
MCA LOS StPaul Menthol
Tobacco Free Alliance
Comment rec'd by Council 2
Comment rec'd by Council 3
Blue Cross Blue Shield Letter of Support
TCMS Letter of Support
Stairstep Foundation Letter
ACS CAN Letter of Support - St. Paul
AHA St. Paul Menthol Letter 9.14.17
Comment rec'd by Council 4
City of Saint Paul Page 4 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
Comment rec'd by Council 5
Comment rec'd by Council 6
Comment rec'd by Council 7
4 Beautiful Lie Ugly Truth Postcards
ANSR Letter of Support
Board Chapter 324-Amendment September 2017 Letter
Family Tree Clinic Letter
Comment rec'd by Council 8
Laurie Parham Ltr of Opposition
Marty Thomas Opposition
Linda Huber opposition
Menthol Coalition Letter
Menthol Coalition Members_August2017
Prominent_Leaders_Support_List
Menthol letter-Ed
Health Care Organizations Letter of Support
Comment rec'd by Council 9
Comment rec'd by Council 10
Comment rec'd by Council 11
Bara Berg Letter 9-20-17
SEIU Healthcare Letter 9-20-17
Ain Dah Yung Center Letter 9-20-17
AALF-St. Paul Letter
Minnesota Medical Association Letter
MNAAP letter
MSBC Letter to St Paul City Council
NAACP_Menthol_Letter
Comment rec'd by Council 12
Comment rec'd by Council 13
Comment rec'd by Council 14
MN American Lung Assn Letter
Open Cities Letter
Menthol Tobacco Dialogue Meeting 9-26-17
Comment rec'd by Council 15
Comment rec'd by Council 16
Comment rec'd by Council 17
ASANDC Menthol letter
MN Dept of Health Letter
Comment rec'd by Council 18
City of Saint Paul Page 5 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
Comment rec'd by Council 19
Comment rec'd by Council 20
Comment rec'd by Council 21
SAPCC Letter of support
Comment rec'd by Council 22
Comment rec'd by Council 23
CLUES Letter
Comment rec'd by Council 23
Blue Cross Blue Shield Letter of Support menthol ordinance 171025_final
Coalition of Neighborhood Retailers
Comment rec'd by Council 24
Coalition of Neighborhood Retailers2
Minneapolis Menthol Mint and Wintergreen Economic Impact Study Summary (October 2017)
Comment rec'd by Council 25
First Reading
15 Ord 17-55 Granting the application of Twin City Concrete Products Co. to rezone
property at 1477-1485 Minnehaha Avenue East from VP Vehicular Parking
to T2 Traditional Neighborhood, and amending Chapter 60 of the
Legislative Code pertaining to the zoning map.
Sponsors: Prince
Attachments: PC Resolution 17-69
PC action minutes 10-20-2017
ZC draft minutes
District 2 letter of support
ZC staff packet
16 Ord 17-56 Granting the application of Michael Mohrlant to rezone the property at 550
Smith Avenue South from RM2 multiple family to B2 community business,
and amending Chapter 60 of the Legislative Code pertaining to the zoning
map.
Sponsors: Noecker
Attachments: 17-077911_PC Resolution
17-077911_PC Action minutes
17-077911_ZC minutes
17-077911_ZC packet
17-077911_60-day letter
City of Saint Paul Page 6 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
BUDGET AMENDMENT PUBLIC HEARINGS (Held during the 3:30 portion of the meeting)
17 RES PH Accepting a grant from AARP in the amount of $20,000 for the purpose of
17-281 improving pedestrian safety along Marion Street between St. Anthony
Avenue and University Avenue, and amending the financing and spending
plans in the Department of Public Works capital budget.
Sponsors: Thao
Attachments: Financial Analysis RES PH 17-281
18 RES PH Authorizing the acceptance of $25,000 in United States Department of the
17-309 Interior Certified Local Government Grant funds from the Minnesota
Historical Society to complete a Cultural Resources Reconnaissance
Survey of the Hamline-Midway Neighborhood, and amending the 2017
budget.
Sponsors: Stark
Attachments: Attachment A RES PH 17-309 Hamline Midway Survey
CLG grant agreement signed
19 RES PH Amending the 2017 River Print budget to provide additional spending and
17-311 financing for new billing and ordering software.
Sponsors: Stark
Attachments: River Print Software Amendment Financial Analysis
PUBLIC HEARINGS (Public hearings will begin at 5:30 p.m.)
20 Ord 17-51 Amending Chapter 198 of the Legislative Code pertaining to the keeping
of chickens.
Sponsors: Brendmoen
Attachments: Matson and Lies Email re Backyard Chickens
Macalester Groveland Community Council- Comment Backyard Chicken ordinance Nov 2017_
21 Ord 17-52 Amending Chapter 357 of the Legislative Code to allow composting of fowl
fecal waste or fowl litter.
Sponsors: Brendmoen
Attachments: Macalester Groveland Community Council- Comment Backyard Chicken ordinance Nov 2017_
Eldridge comment
City of Saint Paul Page 7 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
22 Ord 17-53 Amending Chapter 310 of the Legislative Code to add permit fees for Tier
1 Permits and Tier 2 Permits relating to the keeping of chickens.
Sponsors: Brendmoen
Attachments: Section 310.18 - Enforcement Level 6 -Tier 1 & Tier 2 permits
Macalester Groveland Community Council- Comment Backyard Chicken ordinance Nov 2017_
23 RES PH Approving the application of Anderson Race Management for a sound
17-310 level variance in order to present announcements and music on Sunday,
November 5, 2017 for the Chocoholic Frolic 5K/10K Run and Walk at
Harriet Island.
Sponsors: Noecker
Attachments: Application
ENS
Map
Notice to Owners
List of Owners
Letter to Applicant
24 APC 17-1 Public hearing to consider the appeal of the Dayton's Bluff Community
Council to a decision of the Planning Commission approving a change of
nonconforming use from bar to tobacco shop at 937-3rd Street East.
Sponsors: Prince
Attachments: Appeal application
PC Resolution 17-61
PC draft minutes excerpt 9-22-17
ZC Minutes
Staff packet for ZC
60 day extension
25 RES PH Establishing the Water Charges for 2018. (To be laid over to December 13
17-294 for adoption)
Sponsors: Brendmoen
Attachments: 2018 BWC Water Rate Resolution 17-1427
26 RES PH Setting the recycling service fee for 2018, and authorizing Public Works to
17-298 request $745,493 in SCORE grant funds from Ramsey County to support
the curbside recycling program. (To be laid over to December 13 for
adoption)
Sponsors: Stark
27 RES PH Setting the 2018 Sanitary Sewer and Storm Sewer rates. (To be laid over
17-312 to December 13 for adoption)
Sponsors: Stark
City of Saint Paul Page 8 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
LEGISLATIVE HEARING CONSENT AGENDA
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.
28 RLH SAO Appeal of Frankie Adams to a Vehicle Abatement Order at 898
17-88 ALBEMARLE STREET.
Sponsors: Thao
Attachments: 898 Albemarle.appeal.10-04-17
898 Albemarle St.RC Map Description.10-17-18.pdf
898 Albemarle St.Estrada Ltr.10-19-17.doc
29 RLH FCO Appeal of Greg Ryan to a Re-Inspection Fire Certificate of Occupancy With
17-164 Deficiencies at 505 AVON STREET NORTH.
Sponsors: Thao
Attachments: 505 Avon Street N.appeal.09-15-17
505-507 Avon Street N.photos.09-11-17
505-507 Avon Street N.photos.03-29-17
505 Avon St N.Ryan Ltr.10-5-17.doc
30 RLH FCO Appeal of Francis W. Crowley to a Revocation of Fire Certificate of
17-170 Occupancy and Order to Vacate at 2001 BREWSTER STREET.
Sponsors: Stark
Attachments: 2001 Brewster St.appeal.9-25-17
2001 Brewster St.Photos.8-30-17.pdf
2001 Brewster St.Crowley Ltr.10-5-17.doc
31 RLH VO Appeal of Ronda Isakson to a Revocation of Fire Certificate of Occupancy
17-46 and Order to Vacate at 581 COMO AVENUE.
Sponsors: Thao
Attachments: 581 Como Ave.appeal.10-6-17
581 Como Ave.Photos.8-11-17
581-583 Como Ave.Isakson Ltr.10-19-17.doc
32 RLH CO Appeal of Eric Eddy to a Fire Certificate of Occupancy Correction Order at
17-34 838 EDMUND AVENUE.
Sponsors: Thao
Attachments: 838 Edmund Ave.appeal.09-28-17
838 Edmund.Eddy Ltr.10-12-17
33 RLH CO Appeal of Paula M. Schilling to a Correction Notice at 824 FREMONT
17-36 AVENUE EAST.
Sponsors: Prince
Attachments: 824 Fremont Ave.appeal.10.04.17
824 Fremont Ave.Morke Ltr.10-12-17.doc
City of Saint Paul Page 9 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
824 Fremont Ave.Photos with Owner Notes.10-10-17.pdf
824 Fremont Ave.Morke Ltr.10-12-17
824 Fremont Ave.Schilling Ltr.10-19-17.doc
824 Fremont Ave.Schilling Revised Ltr.10-23-17.doc
34 RLH VBR Appeal of Margaret Bierbach, Magwood Properties, to a Vacant Building
17-66 Registration and Revocation of Fire Certificate of Occupancy and Order to
Vacate at 934 HAWTHORNE AVENUE.
Sponsors: Bostrom
Attachments: 934 Hawthorne Avenue.appeal.09-28-17
934 Hawthorne Ave E.Photos.4-6-16
934 Hawthorne Ave E.SAO.9-22-17
934 Hawthorne. Bierbach Ltr.10-12-17
934 Hawthorne. Bierbach Ltr.10-19-17.doc
35 RLH SAO Appeal of Frankie Adams to a Summary Abatement Order and Vehicle
17-87 Abatement Order at 917 RICE STREET.
Sponsors: Thao
Attachments: 917 Rice St.appeal.10-3-17
917 Rice St.photos 10-2-17
917 Rice St.Owners Letter.10-5-17.doc
917 Rice St & 902 Albemarle-martin email & vehicle registry.10-17-17.pdf
917 Rice St.Adams Ltr.10-19-17.doc
36 RLH SAO Appeal of Mike Seeber to a Notice to Cut Tall Grass and/or Weeds at
17-85 1011 SELBY AVENUE.
Sponsors: Thao
Attachments: 1011 Selby Avenue.appeal.10-2-17
1011 Selby Ave.Photos.10-4-17.pdf
1011 Selby Ave. Seeber Ltr.10-12-17
1011 Selby Ave.Aerial Map.10-18-17.pdf
1011 Selby Ave.Aerial Map #2.10-18-17.pdf
1011 Selby Ave.Aerial Map with Ramsey County MarkUp.10-20-17.pdf
37 RLH FCO Appeal of Brett Ripley to a Correction Notice-Reinspection Complaint at
17-169 1685 TAYLOR AVENUE.
Sponsors: Stark
Attachments: 1685 Taylor Ave.appeal.9-15-17
1685 Taylor Ave.C of O Order.8-28-17
1685 Taylor Ave.C of O Order.8-20-12
1685 Taylor Ave.Huestis Ltr 8-29-11
1685 Taylor Ave.Ripley Ltr.10-5-17.doc
City of Saint Paul Page 10 Printed on 11/1/2017
City Council Meeting Agenda November 1, 2017
38 RLH VO Appeal of Eric Eddy, E & K Real Estate Investments, to a Revocation of
17-43 Fire Certificate of Occupancy and Order to Vacate at 658-660 THOMAS
AVENUE.
Sponsors: Thao
Attachments: 658 Thomas Ave.appeal.9-27-17
658 Thomas Ave.photos 9-18-17
658-660 Thomas Ave.E&K Realty email.10-9-17.pdf
658-660 Thomas Ave.Owner Photos.10-9-17.pdf
658-660 Thomas.Eddy Ltr.10-12-17
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). Council members 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)
Many people are extremely sensitive to scented products. Please refrain from wearing or
using fragrances such as perfumes, lotions, aftershave, scented aerosol products, and other
such products.
City of Saint Paul Page 11 Printed on 11/1/2017