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City Council

Regular Meeting

St. Paul, MN · November 1, 2017

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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 City of Saint Paul Page 1 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 City of Saint Paul Page 4 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 City of Saint Paul Page 5 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 City of Saint Paul Page 6 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 City of Saint Paul Page 7 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 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 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