City Council
Regular MeetingSt. Paul, MN · December 6, 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, December 6, 2017 3:30 PM Council Chambers - 3rd Floor
Budget Amendment Public Hearings at 3:30 p.m.
Public Hearings at 5:30 p.m.
The Truth in Taxation Public Hearing will be held at 6:30 p.m. or shortly thereafter.
ROLL CALL
The meeting was called to order by Council President Stark at 3:32 p.m.
Present 6 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen,
Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember
Russ Stark and Councilmember Rebecca Noecker
Absent 1 - Councilmember Jane L. Prince
Councilmember Prince arrived after roll call.
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
COMMUNICATIONS & RECEIVE/FILE
1 CO 17-68 Letter from the Department of Safety and Inspections declaring 96
Manitoba Avenue a nuisance property. (For notification purposes only;
public hearings will be scheduled at a later date if necessary.)
Received and filed
2 AO 17-77 Amending the 2017 budget of the Sewer Utility Fund to combine four
accounting units.
Received and filed
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City Council Minutes - Final December 6, 2017
3 AO 17-89 Amending the CDBG activities budget.
Received and filed
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 (Items 4 - 38)
Councilmember Brendmoen moved approval of the Consent Agenda.
Consent Agenda adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
4 RES 17-1884 Approving the Settlement Agreement and Release between the City of
Saint Paul and Michael Fleming and his attorney Paul Applebaum.
Adopted
5 RES 17-1840 Memorializing the Council's decision to deny the appeal of Kathryn
Engdahl of a Board of Zoning Appeals decision to grant a variance to
construct a garage at 17 Hall Avenue.
Adopted
6 RES 17-1942 Authorizing Visit Saint Paul to Coordinate Planning of Mayor-Elect
Carter’s Inauguration and related events.
Adopted
7 RES 17-1862 Approving the City’s cost of providing Boarding and/or Securing services
during September 2017, and setting date of Legislative Hearing for
January 9, 2018 and City Council public hearing for February 28, 2018 to
consider and levy the assessments against individual properties. (File
No. J1804B, Assessment No. 188103)
Adopted
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City Council Minutes - Final December 6, 2017
8 RES 17-1863 Approving the City’s cost of providing Trash Hauling services during
October 4 to 25, 2017, and setting date of Legislative Hearing for
January 9, 2018 and City Council public hearing for February 28, 2018 to
consider and levy the assessments against individual properties. (File
No. J1805G, Assessment No. 188704)
Adopted
9 RES 17-1864 Approving the City’s cost of providing Tree Removal services from May
to September 2017, and setting date of Legislative Hearing for January
9, 2018 and City Council public hearing for February 28, 2018 to
consider and levy the assessments against individual properties. (File
No. 1801T, Assessment No. 189000)
Adopted
10 RES 17-1865 Approving the City’s cost of providing Demolition services from August
2017, and setting date of Legislative Hearing for January 9, 2018 and
City Council public hearing for February 28, 2018 to consider and levy
the assessments against individual properties. (File No. J1804C,
Assessment No. 182003)
Adopted
11 RES 17-1866 Approving the City’s cost of providing Collection of Vacant Building
Registration Fees billed during June 7 to September 21, 2017, and
setting date of Legislative Hearing for January 9, 2018 and City Council
public hearing for February 28, 2018 to consider and levy the
assessments against individual properties. (File No. VB1805,
Assessment No. 188804)
Adopted
12 RES 17-1897 Amending the City’s 2017 Operating Budget to reflect an advance in the
amount of $1,081,581 from the internal borrowing fund to finance the
Office of Technology and Communications Phone Replacement project.
Adopted (Further action was taken at the beginning of the public hearing
portion of the meeting.)
13 RES 17-1902 Authorizing the withholding of tax-forfeit parcels from public sale for six
months.
Adopted
14 RES 17-1930 Authorizing the Office of Financial Services to apply for and accept the
U.S. Environmental Protection Agency grant.
Adopted
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City Council Minutes - Final December 6, 2017
15 RES 17-1936 Amending the 2017 budget to establish a transition team budget for
Mayor-elect Carter.
Adopted
16 RES 17-1853 Authorizing the Fire Department to enter into a joint powers agreement
with the City of Eden Prairie for the use of the Saint Paul Fire
Department training facilities.
Adopted
17 RES 17-1769 Authorizing the Fire Department to accept the donation of 300 9-volt
batteries valued at $147 from Energizer.
Adopted
18 RES 17-1782 Authorizing the Fire Department to accept the donation of 1,000 smoke
detectors and 1,000 carbon monoxide detectors valued at $39,960.00
from Kidde Fire Safety.
Adopted
19 RES 17-1812 Establishing the rate of pay for the new classification of Loan Servicing
and Real Estate Supervisor in EG 09, SPSO, Grade 020.
Adopted
20 RES 17-1860 Amending Civil Service Rule 7 to extend the Firefighter eligible list.
Adopted
21 RES 17-1834 Changing the rate of pay for the existing classification of Plan Review
Supervisor from Grade 016 to Grade 022, EG 09, SPSO.
Laid over to December 13 for adoption
22 RES 17-1919 Changing the rate of pay for the classifications of Capital City Intern and
EMS Cadet Assistant in Grade 001, EG 99, Special Employment.
Laid over to December 13 for adoption
23 RES 17-1920 Changing the rate of pay for the classification of Parks and Recreation
Worker in Grade 31H of EG 99, Special Employment.
Laid over to December 13 for adoption
24 RES 17-1873 Establishing the rate of pay for the new classification of Parking Manager
in EG06, PEA, Grade 018.
Laid over to December 13 for adoption
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City Council Minutes - Final December 6, 2017
25 RES 17-1861 Approving the Mayor’s appointments of Cody Zwiefelhofer, Melissa
Finnegan, and Tony Parrish to serve on the Neighborhood STAR Board.
Adopted
26 RES 17-1917 Approving the Mayor’s appointments of Lindsay Kimball and Jai
Winston, and reappointments of Lana Barkawi and Chris Widdess to
serve on the Cultural STAR Board.
Adopted
27 RES 17-1885 Authorizing the use of a Project Labor Agreement (PLA) on the
construction portion of the Rice Park Revitalization project, and
authorizing appropriate city officials to execute such an agreement.
Adopted
28 RES 17-1793 Authorizing the Department of Parks and Recreation to apply for
$164,500 in funding through the Conservation Partners Legacy grant
program to enhance 61 acres of forest and prairie habitat at Cherokee
Regional Park and, if successful, enter into an agreement providing
indemnification for the MN Department of Natural Resources.
Adopted
29 RES 17-1904 Authorizing the Department of Parks and Recreation to execute
agreements with the Metropolitan Council, which include an
indemnification clause, to accept Clean Water, Land and Legacy
Amendment grant funds for multiple City projects.
Adopted
30 RES 17-1842 Authorizing carryforward of unused private activity bond volume cap.
Adopted
31 RES 17-1927 Authorizing the Police Department to expense charges for meals, travel,
and other costs relating to the assessors for the Sergeant's Exam.
Adopted
32 RES 17-1849 Approving adverse action against the Massage Practitioner license
application submitted by Laura K. Sanchez for 1053 Grand Avenue,
Suite #113.
Adopted
33 RES 17-1899 Approving adverse action against the Sidewalk Contractor license held
by Allphase Companies, Inc.
Adopted
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City Council Minutes - Final December 6, 2017
34 RES 17-1835 Approving the application with conditions, per the Deputy Legislative
Hearing Officer, to add an Entertainment (A) license to the existing Malt
On Sale (Brewery Taproom), Liquor On Sale-Sunday, Liquor-Outdoor
Service Area (Patio), and Malt Off Sale (Brewery) licenses for Bad
Weather Brewing LLC (ID #20150000267), d/b/a Bad Weather Brewing
CO, at 414 7th Street West.
Adopted
35 RES 17-1666 Approving the application with conditions, per the Deputy Legislative
Hearing Officer, to add a Liquor-Outdoor Service Area (Patio) license to
the existing Liquor On Sale - 291 or more seats, and Liquor On Sale -
Sunday licenses for the City of Saint Paul Parks and Recreation
Department, d/b/a City House (License ID #20160002228), at 258 Mill
Street.
Adopted
36 RES 17-1389 Approving the application with conditions, per the Deputy Legislative
Hearing Officer, for an Auto Repair Garage license for Drive Time Auto
Repair LLC (ID #20170002357), d/b/a Drive Time Auto Repair at 1324
Arcade Street.
Adopted
37 RLH OA 17-16 Making recommendation to Ramsey County on the application of Mee
Lee Moua, d/b/a Malina's Sports Bar, for repurchase of tax forfeited
property at 691 DALE STREET NORTH.
Adopted
38 RES 17-1872 Approving and authorizing execution of Amendment No. 2 to Site Lease
Agreement between the Board of Water Commissioners and T-Mobile
Central LLC to provide for the installation of additional wireless
equipment at the Board’s Cottage Avenue Standpipe site at 2095 Clear
Avenue.
Adopted
FOR DISCUSSION
39 CO 17-69 Presentation of the 2017 Karl Neid Award to Tabitha Mitchell.
Mayor Coleman, Council President Stark, Mayor-Elect Carter, and Joann
Tromscyk-Neid, and other Council members spoke about Tabitha Mitchell's
contributions to the City as an employee and community activist. Ms. Mitchell made
brief comments. Mayor Colemen presented the award.
Received and filed
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City Council Minutes - Final December 6, 2017
40 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)
Councilmember Prince distributed the text of her motion. She said she had done her
due diligence and would deny the appeal. She read the motion denying the appeal, and
said in denying the appeal and based upon the record, she moved the following
condition approving the change in nonconforming use permit, pursuant to Legislative
Code 61.704 and 61.107. She said the building had existed as a bar for many years
and was unusual in that it had no windows facing the street. She said pursuant to
Section 63.301b, new above-grade windows shall be installed on each exterior wall
facing a street or sidewalk. She read the code and condition requirements.
Motion of Intent - Appeal denied (conditions added for approval of change of
use)
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
41 RLH FCO Appeal of Brett Ripley to a Correction Notice-Reinspection Complaint at
17-169 1685 TAYLOR AVENUE. (Public hearing held November 1)
Council President Stark requested a layover to January 17.
Laid over to January 17, 2018
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
42 RES 17-1939 Directing the City Clerk not to submit Ordinance 17-40 as a ballot
question to the County Auditor for placement on the ballot for the next
election.
Council President Stark asked Deputy City Attorney Rachel Tierney to explain the legal
position.
Ms. Tierney said their opinion was that the Charter provision which would allow a
referendum on zoning and land use matters was pre-empted by State law, and the City
Council did not have the legal authority to allow a referendum.
Council members Tolbert and Prince made brief comments.
Councilmember Tolbert moved approval.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
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City Council Minutes - Final December 6, 2017
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
43 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.
Councilmember Prince moved approval.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
44 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.
Councilmember Noecker moved approval.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
Second Reading
45 Ord 17-57 Amending Chapter 402 of the Saint Paul Legislative Code pertaining to
local gambling tax.
Laid over to December 20 for third reading/public hearing
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City Council Minutes - Final December 6, 2017
46 Ord 17-58 Allowing special permits for extended hours for service of alcoholic
beverages in licensed establishments.
Councilmember Noecker moved an amended version with corrected language.
Amended; laid over to December 13 for third reading/public hearing
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
BUDGET AMENDMENT PUBLIC HEARINGS (Held during the 3:30 portion of the
meeting)
47 RES PH 17-319 Amending the financing and spending plans in the Fire Department in the
amount of $17,328.88 for the Minnesota Task Force One team
reimbursement from the City of Edina.
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
48 RES PH 17-315 Amending the financing and spending plan in the Department of Parks
and Recreation in the amount of $90,000 to reflect the Minnesota China
Garden Friendship Society’s gift for the St. Paul-Changsha China
Friendship Garden project in Phalen Regional Park.
Romi Slowiak thanked the Council for their support in creating the landmark work of
art, and spoke about the initiators of the project.
Councilmember Bostrom moved to close the public hearing and approve the
resolution.
Adopted
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 December 6, 2017
49 RES PH 17-324 Amending the financing and spending plans in the Department of Parks
and Recreation in the amount of $402,558 to reflect additional funding
received from Como Friends for the MAC Roadmap project at Como
Park Zoo and Conservatory.
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
50 RES PH 17-330 Amending the financing and spending plans in the Police Department
Special Fund in the amount of $281,000 for fund balance.
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
51 RES PH 17-331 Amending the financing and spending plans in the Police Department
Special Fund in the amount of $126,500 for fund balance.
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
52 RES PH 17-307 Amending the 2017 financing and spending budgets in the Department
of Public Works Department, Sewer Utility, for the Private Sewer
Connection Program.
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
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City Council Minutes - Final December 6, 2017
Nay: 0
The Council recessed at 4:13 p.m.
PUBLIC HEARINGS (Public hearings will begin at 5:30 p.m.)
The Council reconvened at 5:31 p.m. Council President Stark welcomed those present
in the chambers and explained the procedure for public testimony.
RES 17-1897 Amending the City’s 2017 Operating Budget to reflect an advance in the
amount of $1,081,581 from the internal borrowing fund to finance the
Office of Technology and Communications Phone Replacement project.
Council President Stark moved to reconsider RES 17-1897 and lay it over to
December 29 for a public hearing.
Reconsidered; laid over to December 20 for public hearing
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
53 Ord 17-17 Amending Chapter 65 of the Legislative Code pertaining to Alternative
Financial Establishments.
No one was present to testify. Council President Stark moved to close the public
hearing and approve the resolution.
Public hearing held and closed; laid over to December 13 for final adoption
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
54 RES PH 17-327 Approving adverse action against the Second Hand Dealer-Motor
Vehicle license held by Best Buy Auto Sales, LLC, d/b/a Payless Auto
Sales located at 1414 Arcade Street.
Therese Skarda, Assistant City Attorney representing the Department of Safety and
Inspections (DSI), gave a staff report.
No one was present to testify.
Councilmember Bostrom moved to close the public hearing and accept the
recommendation of DSI. ($2000 penalty and 10-day license suspension)
Adopted
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City Council Minutes - Final December 6, 2017
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
55 RES PH 17-322 Approving the preliminary plat for Farrell's Addition at 561 Burlington
Road, southwest corner at Upland.
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
56 RES PH 17-326 Approving the application of Hangman Productions USA, Inc. for a sound
level variance to allow 24/7 operation of chillers and generators from
Wednesday, December 27, 2017 through Monday, January 29, 2018,
and the use of an amplified sound system for the Red Bull Crashed Ice
Event on Friday, January 19 and Saturday, January 20, 2018.
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
57 RES PH 17-329 Approving the petition of Catholic Charities of the Archdiocese of Saint
Paul and Minneapolis and Dorothy Day Shelter, LLC to vacate air rights
over Dorothy Day Place for a private skyway bridge.
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
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City Council Minutes - Final December 6, 2017
58 RES PH 17-332 Approving the application of Lametti & Sons Inc. for a sound level
variance from 10:00 p.m. to 3:00 a.m., weeknights, from December 1,
2017 through March 30, 2018 for the Phalen Creek Storm Tunnel Rehab
Project - Phase 2.
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
59 RES PH 17-338 Reciting a proposal for a Housing Finance Program for a multifamily
rental housing development, giving preliminary approval to the project
and the program pursuant to Minnesota Statutes, Chapter 462C,
authorizing the Housing and Redevelopment Authority of the City to issue
conduit multifamily housing revenue bonds and authorizing the
preparation of necessary documents and materials in connection with
said project and program, northwest corner of Fillmore and Livingston
Avenues (West Side Flats Phase III B Apartment Project District 3, Ward
2).
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
60 RES PH 17-340 Reciting a proposal for a Housing Finance Program for a multifamily
rental housing development, giving preliminary approval to the project
and the program pursuant to Minnesota Statutes, Chapter 462C,
authorizing the Housing and Redevelopment Authority of the City of Saint
Paul, Minnesota to issue conduit multifamily housing revenue bonds and
authorizing the preparation of necessary documents and materials in
connection with said project and program, 700 Emerald Street SE
(Millberry Apartments Project, District 12, Ward 4).
No one was present to testify. Council President Stark moved to close the public
hearing and approve the resolution.
Adopted
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City Council Minutes - Final December 6, 2017
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
61 RES PH 17-341 Reciting a proposal for a Housing Finance Program for a multifamily
rental housing development, giving preliminary approval to the project
and the program pursuant to Minnesota Statutes, Chapter 462C,
authorizing the Housing and Redevelopment Authority of the City of Saint
Paul, Minnesota to issue conduit multifamily housing revenue bonds and
authorizing the preparation of necessary documents and materials in
connection with said project and program, 700 Emerald Street SE
(Legends at Berry Senior Apartments Project, District 12, Ward 4).
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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
Truth in Taxation Public Hearing (Held at 6:30 p.m. or shortly thereafter)
The COuncil reconvened at 6:30 for TNT 7-0
(The 2018 Budget and Taxation Public Hearing was held following the staff report and
some discussion for Items 63 and 64.)
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City Council Minutes - Final December 6, 2017
62 PH 17-11 Final Hearing on the proposed 2018 Budget and Tax Levy, aka Truth in
Taxation hearing.
John McCarthy, Office of Financial Services, gave a staff report.
Testimony:
Jamie Hendricks (1280 Galtier Street)
Jim Yates (555 Laurel Avenue)
Danette Lincoln (1864 Marshall)
Marcia Robert (240 Spring Street)
Councilmember Bostrom moved to close the public hearing. Yeas - 7 Nays - 0
Council President Stark made brief comments.
Public hearing held and closed
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
PUBLIC HEARINGS
City of Saint Paul Page 15
City Council Minutes - Final December 6, 2017
63 APC 17-2 Public hearing to consider the appeal by Listening House of a Planning
Commission decision to affirm in part and modify a Zoning
Administrator's similar use determination for Listening House to provide
services at First Lutheran Church at 464 Maria Avenue subject to 14
conditions.
Council President Stark: Is Mr Dermody here?
Ms. Moore: Shall I go ahead and read the other one, too?
Council President Stark: Yes. Read Item 64 as well.
Ms. Moore: [Reads item 64.]
Council President Stark: I'm not seeing Mr. Dermody here for a staff report. "He'll be
right back" is the word on the street. Because these two items are actually our last
items before Legislative Hearing Consent Agenda Items, I think we're just going to to
take a pause for a moment and wait for him to arrive. As of a few minutes ago, I was
given information that we have five speakers in support of Listening House and 14 in
opposition.
Mr. Dermody, staff, Planning and Economic Development: Based on the agenda, I
told everyone they didn't have to be here until 6:30 PM, so I'm not sure everyone's in
attendance. And what you might want to do about that.
Council President Stark: You had told people that. How many people are we talking
about?
Mr. Dermody: I believe the Listening House contingent, I told Mr Galatz that, on the
Listening House side.
Council President Stark: Ooo. That was not good information.
Mr. Dermody: I'm sorry about that.
Council President Stark: Well, we are not ...
Councilmember Bostrom: We can still have the staff report.
Council President Stark: We can have a staff report. Of course, not everyone is here
to hear it at this point, but why don't we go ahead and have the staff report.
Mr. Dermody: My apologies. Thank you. I do have a longer staff report tonight
because there's quite a lot of detail involved in this. I will talk about the history, zoning
code guidance, Planning Commission decision, the two appeals, and the options the
City Council has today. [Puts up map of site.] This is Listening House in its current
location at 464 Maria Ave, near the corner of Maria and 7th St. In February, the First
Lutheran Church submitted a letter asking for approval to have the Listening House on
the site. The site is zoned RT1, residential, so this use normally would not be allowed,
unless they got the approval from the City Zoning Administrator. They described the
use as a variety of services to low income, homeless, or lonely adults, from 9 to 5. On
Mar 20, the Zoning Administrator's office issued a letter of clarification approving the
use as being similar to other church uses, subject to three conditions intended to limit
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City Council Minutes - Final December 6, 2017
the impact of the use in a manner consistent with accessory uses. It was modeled
after a 2004 Planning Commission decision about a different church with a different
set of accessory uses. Those conditions included a 10 person limit on a yoga studio.
Condition 2 adopted some of the limitations on home occupations allowed anywhere
throughout the City where we have residences. Typically, these are very small
businesses run out of a bedroom. The limitations applied in this situation included no
retail uses, no manufacturing uses, no exterior storage, and no detriments to the
residential character of the neighborhood due to annoyance resulting from the use.
The March 20 letter had no neighborhood notice. Listening House moved forward,
spent money on tenant improvements, and opened their doors on June 5. We started
to get complaints into the City. The City Attorney's office looked into this in more
detail and determined that we should notify the neighbors, so they have a true chance
to appeal. The legal thought was that you can't appeal a decision you didn't know was
made. Despite the fact the zoning code does not require the neighborhood notice, City
Attorney's office advised we do notify. July 3, DSI did notify the neighbors. We
received an appeal soon thereafter. A public hearing was held with the Zoning
Committee and the Planning Commission in August. Public testimony was heard.
Staff report recommended overturning the Zoning Administrator's decision, which would
have had the effect of moving Listening House from the premises. The Zoning
Committee laid over a decision and directed staff to work further on the issue. We did.
Nancy Homans from the Mayor's office stepped in and spoke to people on both sides
of the issue in August and September to try to work toward a solution. A number of
potential conditions were written by Ms. Homans. Some were agreed to by both
sides; many were not. We remained at an impasse. Zoning Committee took the item
up again September 28 and recommended granting the neighbors' appeal in full,
overturning the Zoning Administrator's decision. A week later, the Planning
Commission deadlocked on the recommendation and laid over the issue for a couple
of weeks. On October 20, the Planning Commission voted to deny the appeal in part
and modifying the Zoning Administrator's decision by adding 11 conditions, bringing
the total to 14 conditions. Then appeals were filed from both sides. Overall, there've
been three official City actions: The Zoning Administrator's letter in March; the Zoning
Committee's recommendation; and the Planning Commission decision. The Planning
Commission decision is what is at issue today but I expect much of the testimony will
refer to the other actions as well. The Zoning Code in Section 61.106 lays out four
findings for making a similar use determination. The most debated uses have been:
4(a) which is the use is similar in character to one or more of the uses permitted and
the use they found it similar to is accessory use; and finding 4(d) is that the use is
consistent is consistent to Plan and the Planning Commission found that this could be
met as well. These drove the conditions that the Planning Commission chose to place
on this use. The conditions include: limiting the hours of operation to 9 to 5; ensuring
guests leave the area after Listening House closes; communicating with the neighbors;
having good neighbors policies for the Listening House guests; and limiting the
number of guests to 20 per day. The last is the most debated and opposed by
Listening House.
Councilmember Prince: Could you explain how that condition was arrived at?
Mr. Dermody: We do have some guidance from the previous approval of the yoga use
where that use was limited to 10 persons per day to make it act like an accessory use.
And be clearly incidental. We haven't had issues or complaints at that site. And so, if
10 worked on that site, hopefully 20 would work on this one.
Council President Stark: I had a similar question as you were describing the
conditions. You said the Planning Commission came back a second time and had a
City of Saint Paul Page 17
City Council Minutes - Final December 6, 2017
different vote that included these additional conditions. How were those additional
conditions developed? Were those conditions that had been considered during the
previous mediation process, or were those developed in consultation with you and staff
as conditions that would address the zoning code?
Mr. Dermody: The first three came from the Zoning Administrator. Ten of the 11
came from the work Nancy Homans did, not all of those were taken verbatim from her
proposal, and the final condition, the limit on the number of people was consultation
between staff and the Planning Commission prior to the meeting. They wanted to have
a limit and we advised them.
I want to address the appeals. We have an appeal from Renee and Kim Lerma who
filed the original appeal to the Zoning Administration. They are asking that you
overturn the Planning Commission's decision and go back to the Zoning Committee's
recommendation, which prohibits Listening House from the site. Listening House filed
an appeal to uphold the Planning Committee decision in part, but modify it in two ways.
One that you find the Listening House use is similar to other principle uses, not
accessory uses. They also ask you to modify the list by cutting it from 14 to 11 and
revising several of them. Notably this includes eliminating restriction on the number of
daily guests. Staff's recommendation is that this be treated as an accessory use and
not a principle use. This use would not be appropriate in RT1 residential. Staff's
recommendation is that you do not grant this part of the appeal.
The Council has four options today. You can deny both appeal in full and uphold the
Planning Commission decision in full. You could grant the Lerma's appeal in full
thereby removing Listening House from the premises. You could grant the second part
of the Listening House appeal and modify the Planning Commission's decisions. You
could uphold the Planning Commission decision and modify the conditions in a manner
different from that requested by Listening House.
Councilmember Noecker: Could you go into more detail about the difference between
a principle and an accessory use and what would be the implications in this case in
determining that it is a principle use? Why is that being requested? What is the
benefit to Listening House?
Mr. Dermody: In the RT1 district, you are allowed to have residential uses as a
principle use, churches and schools. I believe that is it. They are asking to be
permitted as part of the church, essentially, and if you did do it that way there would be
no conditions applied to it. It would be a permitted use. An accessory use is clearly
incidental and customarily found in connection with the principle use. That has to do
with size, scale and impact. A yoga studio for 10 people could be clearly incidental
but if you had a yoga studio for 200 people, it would not be incidental. It would be a
principle use.
Council President Stark: Did any information come out in the process, it's possible it's
in the record and I missed it, but, an estimate of how many clients a day Listening
House does have typically?
Mr. Dermody: I would check that with Listening House. I recall that from their letters,
it was 50 to 60 but I would ask you to confirm that with them.
Council President Stark: Sure. They can speak to that. Other questions? All right.
Mr. Dermody, as far as you know, the folks from Listening House still not here?
City of Saint Paul Page 18
City Council Minutes - Final December 6, 2017
Mr. Dermody: I do not believe so. I am sorry again for that inconvenience.
Council President Stark: Yeah, why don't we check. Because folks were given
information, procedurally about the time. We'll give them due consideration to be here.
Ms. Moloney is going to check and see if the Legislative Hearing items might be ready
to do. Does anyone have any other thoughts? Process-wise?
Councilmember Noecker: In terms of the original application from Listening House,
were they originally coming in as a principle use? Who initially made that
determination in terms of accessory?
Mr. Dermody: There was no mention of being a principle use at the beginning of this
process.
Councilmember Noecker: Was there mention of being an accessory use? Or no
mention of being a type of use?
Mr. Dermody: I would have to reread the letter to see if they asked for general
permission or mentioned accessory use. I could get back to you on that.
Council President Stark: Is it pretty clear that the method by which the Zoning
Administrator granted them the determination of similar use was based on it being an
accessory use?
Mr. Dermody: That is clear.
Councilmember Brendmoen: So, on your process question, it sounds like there is a
specific group of people who aren't here. Could we hear people who are in opposition
or people in support. I know you said 20 minutes a side and it's 20 minutes until 6:30.
I know the community members have met with each other and probably have a pretty
good idea of what the opposing side says. That's an option.
Councilmember Prince: I think the issue is if the attorney for the Listening House isn't
here. I'm not sure it would be appropriate to proceed.
Councilmember Brendmoen: I see.
Mr. Dermody: I do have an answer to Councilmember Noecker's question. There is no
mention of accessory uses in the first letter from February. It's just a description of
the use and asking permission to be there.
Council President Stark: We will officially recess here for five minutes.
(The Council recessed and reconvened, and the Public Hearing on the 2018 Budget
and Tax Levy was held)
Council President Stark: We will start with those who are here in support of Listening
House. There are 13 and we talked about 20 minutes per side. It's not a lot of time, a
little more than a minute per speaker but we ask you to stick to it in the interest of
everyone's time this evening.
In support of Listening House:
Eric Galatz, counsel representing Listening House: City Planner Bill Dermody advised
the Planning Commission and I assume he advised the City Council. This is very
City of Saint Paul Page 19
City Council Minutes - Final December 6, 2017
complicated set of issues but what we're asking for is simple and what we do for the
homeless, the lonely, the indigent is very simple. I think the means of addressing
issues our neighbors have with the services we provide and the people we provide them
to is relatively simple. We are requesting modifications of the conditions the Planning
Commission imposed on Listening House. I've submitted suggested revised
conditions and stuck as close as possible to those imposed by the Planning
Commission. I did the best we could to address the concerns they were attempting to
address in the conditions while not interfering with the services we try to provide. The
appeal has been complicated up to this point partly because zoning is just not the
right tool to address we're trying to address: poverty, disability and homelessness.
The appellants' objections are all about the people we serve and the way our guests
behave when they are not with us. What we are asking you to do is to approve a set of
conditions that allow us to serve them, keep them with us off the street, have an
opportunity to work with them and educated them on how to behave when they are
outside. The City has tools other than zoning to address issues, the police force in
particular has been incredibly helpful and cooperative in addressing some of the
issues. I think that when complaints arise of how people behave, that's the job of the
police force, it's not the job of the planning staff. The appeal has also been
complicated because in spite of how Listening House is like a church, the City has
been trying to regulate them as a business. The Zoning Administrator started us down
that path, following the 2004 decision in regulating St Mary's Episcopal Church when
they wanted to bring in commercial uses into their church. It was completely
appropriate to regulate those uses as home occupations. They were businesses
inside a residential district. This is not defined by the code and it's not appropriate to
apply standards applied to a business. You've determined already that it is a place of
worship, similar to a religious institution. It is appropriate to apply standards applied to
a religious institution. I asked the Zoning Commission three months ago, would you
be having hearings about the church, if it were the church itself providing these
services. I don't want to dig into the legal arguments. Listening House has agreed to
be regulated here. They are willing to accept a set of reasonable conditions and we
have submitted them. You can't do this. I'm not saying you shouldn't or won't. There
are conditions you can impose and again we have proposed some we think we can live
with but, under federal law, you can't impose discriminatory or unduly burdensome
conditions on operations inside a church. We're working inside a church. We're
serving the mission of that church. The fact that we are a separate entity doesn't
negate the fact the church invited us in there to do the things that the church has been
doing since 1868. I will stop here. You have read what I need to say.
Christine Olson Bingea (1159 Larpenteur Avenue E.), pastor at First Lutheran Church
Cheryl Peterson, Listening House Executive Director
Robert Williams, Listening House guest
Marcia Sanoder (720 E. 7th Street)
Chelsea DeArmond (667 North Street)
John Slade (3 Linder Ct)
Zach Wolfsrun (1905 Wilson)
Andrew LaBarre (853 W. Iowa)
City of Saint Paul Page 20
City Council Minutes - Final December 6, 2017
Viktor Moserg (1035 Summit Avenue)
Alex French (1035 Summit Avenue)
Brie Trovall (447 Maria)
Connor Sullivan (1035 Summit Avenue)
Judith Pryor (535 Lexington)
In opposition to Listening House operation:
Tim Carey (628 Bates Avenue) said he would be offering lengthy comments but the
group had timed it out to accommodate the Council's expectations. He said the Zoning
Administrator granted the determination of similar use variance, and Listening House
opened in reliance on the accessory use classification. He said it was unfair and
illogical to suggest that Listening House was seeking to be heard according to a
completely different characterization of their land use. He said the neighbors
participated in discussions based on that characterization, and it was not disputed by
Listening House before the Zoning Committee or Planning Commission or during
discussions with neighbors and mediation. He said allowing an agency to operate
outside of the land uses outside of the zoning code was a significant concession in a
densely populated urban area with competing land interests. He said the City's
responsibility to its citizens included making zoning decisions that kept people safe
and prevented them from experiencing the type of ongoing nuisance behaviors and
harms that other neighbors would speak about. He said Listening House was now
seeking to morph the City Council's grant of a hearing into a forum in which it publicly
litigated against the foundation that allowed them to operate for the last 5 1/2 months.
He said this chance for Listening House to operate outside of the zoning code in a
neighborhood very different from the one where they previously operated, had been a
failure. He said the first item under the grounds for appeal represented one of many
attempts to conflate Listening House's identity with First Lutheran Church, but they
were separate organizations with a contractual lease agreement. He said Listening
House's stated mission did not require that it be treated as a place of worship. He said
the motivation to avoid governmental oversight was apparent in the second item for
appeal, citing the religious use act as a restriction against government regulation of
land use placing a burden on religious exercise. He said treating Listening House as a
church simply because they moved to a church from a secular setting, would set a
precedent for anyone seeking to avoid regulation. He said the conditions imposed by
the Planning Commission were not a restriction on religious expression or assembly,
but were an attempt to establish parameters to control a chaotic presence in an RT1
neighborhood. He said the home occupation standards cited by Listening House in
item 3 as inappropriate and confusing, were accepted by Listening House and never
questioned during the weeks of mediation. He said the uses listed by First Lutheran in
the application clearly targeted services previously determined to be an accessory use
in the 2004 St. Mary's resolution. He said Listening House denied that behavioral
controls were appropriate in a land use matter; he said land use was human behavior.
He said Listening House had demonstrated that they were not compatible with the
neighborhood, and if they were allowed to continue to operate, outside enforcement
mechanisms and review processes must be in place. He said the City could take
control of the situation, could impose the zoning code, and remediate the detrimental
impacts of Listening House's land use.
Rene Lerma (613 North Street)
City of Saint Paul Page 21
City Council Minutes - Final December 6, 2017
Kristenza Nelson (653 North Street)
Mandy Okonek (649 North Street)
Nick Okonek (649 North Street)
Eric Salinas (657 North Street)
Lea Ebensteiner (441 Bates Avenue)
Cliff Carey (635 Bates Avenue)
Sage Holben (705 E. 4th Street)
Wayne Lundeen (732 Margaret Street)
Milan Mockavak (720 7th St. E.)
Councilmember Prince moved to close the public hearing. Yeas - Nays - 0
Councilmember Prince said she was deeply disappointed that the time for negotiated
settlement had passed leaving no choice but to rely solely on the record and the
zoning code and land use law. She asked for a layover to allow for further consultation
with the City Attorney.
Following further discussion among Council members, the matter was laid over to
December 13.
Public hearing held and 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
64 APC 17-3 Public hearing to consider the appeal by Rene & Kim Lerma of a
Planning Commission decision to affirm in part and modify a Zoning
Administrator's similar use determination for Listening House to provide
services at First Lutheran Church at 464 Maria Avenue subject to 14
conditions.
(See minutes for item 63.)
Councilmember Prince moved to close the public hearing and lay the matter over to
December 13.
Public hearing held and 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
City of Saint Paul Page 22
City Council Minutes - Final December 6, 2017
LEGISLATIVE HEARING ITEMS FOR DISCUSSION
72 RLH VO 17-59 Appeal of Dhaneshwarie Himraj to a Correction Notice-Complaint
Inspection (which includes condemnation) at 1032 DULUTH STREET.
Legislative Hearing Officer Marcia Moermond gave a staff report on the appeal of a
vacate order issued due to a significant fire. She said as of at 2:30 p.m. that
afternoon, the building could be re-occupied, and the next step was a full Certificate of
Occupancy inspection and to note that the building would not be referred to the vacant
buildings program because it had been re-occupied. She noted that there was a
simultaneous tenant remedies action taking place with a court hearing the next day.
She said the building owner and a tenant were present and wanted to speak to the
Council, but since building the had been re-occupied, she wasn't sure what action
there was for the Council to take. In response to a question from Council President
Stark, she confirmed that the electricity and heat had been restored.
Following discussion among Council members, Ms. Moermond, and the Deputy City
Attorney, a motion was made by Councilmember Bostrom to grant the appeal.
A tenant and the property owner shared their perspectives on the situation. Council
members responded to their comments.
Councilmember Bostrom moved to close the public hearing and grant the appeal.
Adopted (appeal granted)
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
80 RLH VO 17-50 Appeal of Aaron Livingston to a Notice of Condemnation as Unfit for
Human Habitation and Order to Vacate plus Summary Abatement Order
at 1124 MATILDA STREET. (Public hearing continued from December
6)
Legislative Hearing Officer Marcia Moermond said she had discussed the matter in the
hallway with the property owner and come to an agreement. She gave a staff report,
and asked that the matter be referred for a Legislative Hearing on December 12 and
the public hearing be continued to December 20.
No one was present to testify. Councilmember Brendmoen moved to continue the
public hearing to December 20.
Referred to Legislative Hearings on December 12; Council public hearing
continued to December 20
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
City of Saint Paul Page 23
City Council Minutes - Final December 6, 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.
Approval of the Consent Agenda (Items 65 - 89)
No one was present to testify. 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, Councilmember Stark, Councilmember
Noecker and Councilmember Prince
Nay: 0
65 RLH VO 17-52 Appeal of Ray Moore to a Notice of Condemnation Unfit for Human
Habitation and Order to Vacate at 1258 ALBEMARLE STREET.
Adopted
66 RLH VBR 17-80 Appeal of Wanda Baker to a Vacant Building Registration Renewal
Notice at 971 ARCADE STREET.
Adopted
67 RLH CO 17-42 Appeal of Ajah Peterson to a Correction Notice at 1560 ARLINGTON
AVENUE EAST.
Adopted
68 RLH VO 17-54 Appeal of Jorge A. Lopez to a Revocation of Fire Certificate of
Occupancy and Order to Vacate at 1150 BURR STREET (and 1152
BURR STREET).
Adopted
69 RLH RR 17-43 Making finding on the appealed nuisance abatement ordered for 1571
CHRISTIE PLACE in Council File RLH RR 17-35.
Public hearing continued to December 20
70 RLH VBR 17-79 Appeal of Kim Sorn Theng to a Vacant Building Registration Notice at
483 COMO AVENUE.
Adopted
71 RLH CO 17-44 Appeal of Sue Hang to a Correction Notice at 1805 COTTAGE
AVENUE EAST.
Adopted
City of Saint Paul Page 24
City Council Minutes - Final December 6, 2017
73 RLH VO 17-53 Appeal of Daniel Beck to a Notice of Condemnation as Unfit for Human
Habitation and Order to Vacate at 1274 EDGERTON STREET.
Adopted
74 RLH SAO 17-65 Making finding on the appealed nuisance abatement ordered for 25
ELIZABETH STREET EAST in Council File RLH SAO 17-56. (Public
hearing continued from April 11)
Referred to Legislative Hearings on December 19; Council public hearing
continued to December 20
75 RLH FCO Appeal of Caryl L. Kruchowski to a Fire Inspection Correction Notice at
17-180 598 GRAND AVENUE.
Adopted
76 RLH CO 17-41 Appeal of Jonathan LaFond to a Correction Notice at 594 HUMBOLDT
AVENUE.
Adopted
77 RLH SAO 17-97 Appeal of Patrick Milan to a Summary Abatement Order at 108
LAWSON AVENUE WEST. (Public hearing continued from December 6,
2017)
Amended; public hearing continued to June 6, 2018
78 RLH VO 17-51 Appeal of William Acree to a Revocation of Fire Certificate of
Occupancy and Order to Vacate at 79 MAGNOLIA AVENUE WEST.
Adopted
79 RLH VBR 17-78 Appeal of Fred Rappaport, KCR Corporation, to a Vacant Building
Registration Renewal Notice at 707 MARSHALL AVENUE.
Adopted
81 RLH FCO Appeal of Kong Sue Xiong to a Correction Order at 1325 REANEY
17-212 AVENUE.
Adopted
82 RLH TA 17-527 Amending Council File No. RLH AR 17-57 to delete the assessment for
Collection of Vacant Building Registration Fees billed during November
10, 2016 to February 27, 2017 at 1041 SELBY AVENUE. (File No.
VB1712A, Assessment No. 178831)
Adopted
City of Saint Paul Page 25
City Council Minutes - Final December 6, 2017
83 RLH FCO Appeal of Todd Delack, Archer Properties Group, to a Fire Inspection
17-200 Correction Notice at 559 SMITH AVENUE SOUTH. (Public hearing
continued from December 20)
Public hearing continued to December 20
84 RLH CO 17-38 Appeal of William Long to a Correction Notice at 1818 SUMMIT
AVENUE.
Adopted
85 RLH VBR 17-77 Appeal of Calvin Mickel to a Vacant Building Registration Notice at 316
SUPERIOR STREET. (Public hearing continued from December 6,
2017)
Referred to Legislative Hearings on January 23, 2018
86 RLH VBR 17-73 Appeal of Keith Kaestner to a Vacant Building Registration Fee at 1630
UNIVERSITY AVENUE WEST.
Adopted
87 RLH CO 17-43 Appeal of Mark Nalipinski to a Correction Notice at 408 VIEW STREET.
Adopted
88 RLH VO 17-49 Appeal of Christian Krein to a Notice of Condemnation as Unfit for
Human Habitation and Order to Vacate at 631 WESTERN AVENUE
NORTH.
Public hearing continued to December 20
89 RLH VO 17-48 Appeal of Laurel Hedlund (former appellant was Lance Holder) to a
Revocation of Fire Certificate of Occupancy and Order to Vacate at
1108 WESTERN AVENUE NORTH. (Public hearing continued from
December 20)
Referred to Legislative Hearings on December 19; Council public hearing
continued to December 20
ADJOURNMENT
Council President Stark adjourned the meeting.
Meeting adjourned at 8:34 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 26
City Council Minutes - Final December 6, 2017
Council Meeting Information
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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.
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
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City of Saint Paul Page 27
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, December 6, 2017 3:30 PM Council Chambers - 3rd Floor
Budget Amendment Public Hearings at 3:30 p.m.
Public Hearings at 5:30 p.m.
The Truth in Taxation Public Hearing will be held at 6:30 p.m. or shortly thereafter.
ROLL CALL
COMMUNICATIONS & RECEIVE/FILE
1 CO 17-68 Letter from the Department of Safety and Inspections declaring 96
Manitoba Avenue a nuisance property. (For notification purposes only;
public hearings will be scheduled at a later date if necessary.)
Sponsors: Thao
Attachments: 96 Manitoba Ave.OTA 11-27-17
2 AO 17-77 Amending the 2017 budget of the Sewer Utility Fund to combine four
accounting units.
Attachments: AU 17-77 - Sewer 640311950 financial analysis
3 AO 17-89 Amending the CDBG activities budget.
Attachments: Amend CDBG Activities Financial Analysis AO 17-89
City of Saint Paul Page 1 Printed on 12/6/2017
City Council Meeting Agenda December 6, 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 Settlement Agreement and Release between the City of
17-1884 Saint Paul and Michael Fleming and his attorney Paul Applebaum.
Sponsors: Stark
Attachments: Settlement Agreement and Release.pdf
Financial Analysis.xls
Administrative Code 3.02.pdf
5 RES Memorializing the Council's decision to deny the appeal of Kathryn
17-1840 Engdahl of a Board of Zoning Appeals decision to grant a variance to
construct a garage at 17 Hall Avenue.
Sponsors: Noecker
6 RES Authorizing Visit Saint Paul to Coordinate Planning of Mayor-Elect Carter’s
17-1942 Inauguration and related events.
Sponsors: Stark
7 RES Approving the City’s cost of providing Boarding and/or Securing services
17-1862 during September 2017, and setting date of Legislative Hearing for
January 9, 2018 and City Council public hearing for February 28, 2018 to
consider and levy the assessments against individual properties. (File No.
J1804B, Assessment No. 188103)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
8 RES Approving the City’s cost of providing Trash Hauling services during
17-1863 October 4 to 25, 2017, and setting date of Legislative Hearing for January
9, 2018 and City Council public hearing for February 28, 2018 to consider
and levy the assessments against individual properties. (File No. J1805G,
Assessment No. 188704)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
9 RES Approving the City’s cost of providing Tree Removal services from May to
17-1864 September 2017, and setting date of Legislative Hearing for January 9,
2018 and City Council public hearing for February 28, 2018 to consider
and levy the assessments against individual properties. (File No. 1801T,
Assessment No. 189000)
Sponsors: Stark
Attachments: Report of Completion
City of Saint Paul Page 2 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
Assessment Roll
10 RES Approving the City’s cost of providing Demolition services from August
17-1865 2017, and setting date of Legislative Hearing for January 9, 2018 and City
Council public hearing for February 28, 2018 to consider and levy the
assessments against individual properties. (File No. J1804C, Assessment
No. 182003)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
11 RES Approving the City’s cost of providing Collection of Vacant Building
17-1866 Registration Fees billed during June 7 to September 21, 2017, and setting
date of Legislative Hearing for January 9, 2018 and City Council public
hearing for February 28, 2018 to consider and levy the assessments
against individual properties. (File No. VB1805, Assessment No. 188804)
Sponsors: Stark
Attachments: Report of Completion
Assessment Roll
12 RES Amending the City’s 2017 Operating Budget to reflect an advance in the
17-1897 amount of $1,081,581 from the internal borrowing fund to finance the Office
of Technology and Communications Phone Replacement project.
Sponsors: Stark
Attachments: Exhibit A - Phones Internal Loan 5 YR - 11-29-17
Interfund Loan Agreement for OTC Phones 11-29-17
Phones Financial Analysis 11-29-17
13 RES Authorizing the withholding of tax-forfeit parcels from public sale for six
17-1902 months.
Sponsors: Stark
Attachments: Exhibit A - 2017 RC Letter
Exhibit B - 2017 Properties Forfeited
14 RES Authorizing the Office of Financial Services to apply for and accept the
17-1930 U.S. Environmental Protection Agency grant.
Sponsors: Stark
Attachments: DERA application
15 RES Amending the 2017 budget to establish a transition team budget for
17-1936 Mayor-elect Carter.
Sponsors: Stark
Attachments: RES 17-1936 Transition Team Budget Financial Attachment
16 RES Authorizing the Fire Department to enter into a joint powers agreement with
17-1853 the City of Eden Prairie for the use of the Saint Paul Fire Department
City of Saint Paul Page 3 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
training facilities.
Sponsors: Stark
Attachments: Eden Prairie Training Center Agreement
17 RES Authorizing the Fire Department to accept the donation of 300 9-volt
17-1769 batteries valued at $147 from Energizer.
Sponsors: Stark
18 RES Authorizing the Fire Department to accept the donation of 1,000 smoke
17-1782 detectors and 1,000 carbon monoxide detectors valued at $39,960.00
from Kidde Fire Safety.
Sponsors: Stark
Attachments: Kidde Information
19 RES Establishing the rate of pay for the new classification of Loan Servicing and
17-1812 Real Estate Supervisor in EG 09, SPSO, Grade 020.
Sponsors: Stark
Attachments: Financial Analysis - Licensing
20 RES Amending Civil Service Rule 7 to extend the Firefighter eligible list.
17-1860
Sponsors: Stark
21 RES Changing the rate of pay for the existing classification of Plan Review
17-1834 Supervisor from Grade 016 to Grade 022, EG 09, SPSO. (To be laid over
one week adoption)
Sponsors: Stark
Attachments: Plan Review Supvr Financial Analysis
22 RES Changing the rate of pay for the classifications of Capital City Intern and
17-1919 EMS Cadet Assistant in Grade 001, EG 99, Special Employment. (To be
laid over one week for adoption)
Sponsors: Stark
Attachments: Intern EMS Cadet Asst Financial Analysis
23 RES Changing the rate of pay for the classification of Parks and Recreation
17-1920 Worker in Grade 31H of EG 99, Special Employment. (To be laid over one
week for adoption)
Sponsors: Stark
Attachments: Parks Rec Worker Gr 31 Salary Steps - 2018
Pks Rec Worker Financial Analysis
24 RES Establishing the rate of pay for the new classification of Parking Manager
17-1873 in EG06, PEA, Grade 018. (To be laid over one week for adoption)
Sponsors: Stark
Attachments: Financial Analysis Parking Mgr
City of Saint Paul Page 4 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
25 RES Approving the Mayor’s appointments of Cody Zwiefelhofer, Melissa
17-1861 Finnegan, and Tony Parrish to serve on the Neighborhood STAR Board.
Sponsors: Stark
Attachments: Neighborhood STAR Appointees - December 2017
26 RES Approving the Mayor’s appointments of Lindsay Kimball and Jai Winston,
17-1917 and reappointments of Lana Barkawi and Chris Widdess to serve on the
Cultural STAR Board.
Sponsors: Stark
Attachments: Cultural STAR Appointees - December 2017
27 RES Authorizing the use of a Project Labor Agreement (PLA) on the
17-1885 construction portion of the Rice Park Revitalization project, and authorizing
appropriate city officials to execute such an agreement.
Sponsors: Noecker
28 RES Authorizing the Department of Parks and Recreation to apply for $164,500
17-1793 in funding through the Conservation Partners Legacy grant program to
enhance 61 acres of forest and prairie habitat at Cherokee Regional Park
and, if successful, enter into an agreement providing indemnification for the
MN Department of Natural Resources.
Sponsors: Noecker
29 RES Authorizing the Department of Parks and Recreation to execute
17-1904 agreements with the Metropolitan Council, which include an indemnification
clause, to accept Clean Water, Land and Legacy Amendment grant funds
for multiple City projects.
Sponsors: Stark
30 RES Authorizing carryforward of unused private activity bond volume cap.
17-1842
Sponsors: Stark
31 RES Authorizing the Police Department to expense charges for meals, travel,
17-1927 and other costs relating to the assessors for the Sergeant's Exam.
Sponsors: Stark
32 RES Approving adverse action against the Massage Practitioner license
17-1849 application submitted by Laura K. Sanchez for 1053 Grand Avenue, Suite
#113.
Sponsors: Noecker
Attachments: Notice of Intent to Deny License with Affidavit of Service.pdf
33 RES Approving adverse action against the Sidewalk Contractor license held by
17-1899 Allphase Companies, Inc.
Sponsors: Stark
Attachments: Notice of Intent to Suspend License with Affidavit of Service.pdf
SPLC Section 310.05(m) - Presumptive Penalties
City of Saint Paul Page 5 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
34 RES Approving the application with conditions, per the Deputy Legislative
17-1835 Hearing Officer, to add an Entertainment (A) license to the existing Malt On
Sale (Brewery Taproom), Liquor On Sale-Sunday, Liquor-Outdoor Service
Area (Patio), and Malt Off Sale (Brewery) licenses for Bad Weather
Brewing LLC (ID #20150000267), d/b/a Bad Weather Brewing CO, at 414
7th Street West.
Sponsors: Noecker
Attachments: Minutes
Sign-up Sheet
Conditions Affidavit
Class N Application
Floor Plan
STAMP Activity Report
Incident Report
Google Street Photo
Aerial Photo
Zoning Map
PLat Map
Letter of Objection 1
Letter of Objection 2
Letter of Objection 3
Letter of Support 1
Letter of Support 2
Letter of Support 3
Property Ownership 100'
Notfication Letter
35 RES Approving the application with conditions, per the Deputy Legislative
17-1666 Hearing Officer, to add a Liquor-Outdoor Service Area (Patio) license to
the existing Liquor On Sale - 291 or more seats, and Liquor On Sale -
Sunday licenses for the City of Saint Paul Parks and Recreation
Department, d/b/a City House (License ID #20160002228), at 258 Mill
Street.
Sponsors: Noecker
Attachments: Signed Conditions Affidavit
Minutes
Class N Application
Floor Plan
Applicant's Letter RE: Ent B License Withdrawal
Applicant's Response to OBJECTION letters/emails
Photographs of Patio Area
City of Saint Paul Page 6 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
Aerial Photo
Street Level Photos
STAMP Activity Report
Police Incident Report
Letters of Objection
District Council Correspondence
Letter of Support
Notfication Letter
Plat Map
Zoning Map
AMANDA Print Screen
Sign-in Sheet
36 RES Approving the application with conditions, per the Deputy Legislative
17-1389 Hearing Officer, for an Auto Repair Garage license for Drive Time Auto
Repair LLC (ID #20170002357), d/b/a Drive Time Auto Repair at 1324
Arcade Street.
Sponsors: Bostrom
Attachments: Minutes
Signed Conditions Affidavit
Class N Application
Applicant's Business & Parking Plan
Floor Plan
STAMP Activity Report
Street Level Photographs
Aerial Photo
Notfication Letter
Letters of Objection
Letter of Support
Zoning Map
Plat Map
Property Ownership 100'
Sign-in Sheet
37 RLH OA Making recommendation to Ramsey County on the application of Mee Lee
17-16 Moua, d/b/a Malina's Sports Bar, for repurchase of tax forfeited property at
691 DALE STREET NORTH.
Sponsors: Thao
Attachments: 691 Dale St N.repurchase application.8-28-17
691 Dale St N.STAMP history ao 8-30-17
691 Dale St N.License History ao 8-30-17
City of Saint Paul Page 7 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
691 Dale St N.Adverse Action History ao 8-30-17
691 Dale St N.Aerial Photo 2015
691 Dale St N.Police Call Log.5 Years
695 Dale St N.Police Call Log.5 Years
Repurchase Letter.Kujala Ltr.9-14-17.doc
Repurchase Letter - 691 Dale - 42-44 Cook Ave W.9-29-17.docx
38 RES Approving and authorizing execution of Amendment No. 2 to Site Lease
17-1872 Agreement between the Board of Water Commissioners and T-Mobile
Central LLC to provide for the installation of additional wireless equipment
at the Board’s Cottage Avenue Standpipe site at 2095 Clear Avenue.
Sponsors: Brendmoen
Attachments: Council Resolution
Amendment No. 2 to Site Lease Agreement
BWC Resolution 17-1823
FOR DISCUSSION
39 CO 17-69 Presentation of the 2017 Karl Neid Award to Tabitha Mitchell.
Sponsors: Stark
40 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)
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
41 RLH FCO Appeal of Brett Ripley to a Correction Notice-Reinspection Complaint at
17-169 1685 TAYLOR AVENUE. (Public hearing held November 1)
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 8 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
42 RES Directing the City Clerk not to submit Ordinance 17-40 as a ballot question
17-1939 to the County Auditor for placement on the ballot for the next election.
Sponsors: Stark
Attachments: Report to City Council on Referendum Petition - 2017
NFLSP PETITION Open Letter to City Council FINAL 11.20.17 (2)
Comment on Ford Site Rezoning Petition
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
43 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
maps
44 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
Second Reading
45 Ord 17-57 Amending Chapter 402 of the Saint Paul Legislative Code pertaining to
local gambling tax.
Sponsors: Stark
Attachments: Gambling Tax Amendment budget attachment.pdf
Minn. Stat. Section 349.213 - Local Authority (2016)
City of Saint Paul Page 9 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
46 Ord 17-58 Allowing special permits for extended hours for service of alcoholic
beverages in licensed establishments. (Third reading/public hearing to be
held on December 13 at 3:30 p.m.)
Sponsors: Noecker
Attachments: MN Statute Language - Super Bowl 4am
BUDGET AMENDMENT PUBLIC HEARINGS (Held during the 3:30 portion of the meeting)
47 RES PH Amending the financing and spending plans in the Fire Department in the
17-319 amount of $17,328.88 for the Minnesota Task Force One team
reimbursement from the City of Edina.
Sponsors: Stark
Attachments: MNTF1 October 2017 Financial Analysis
48 RES PH Amending the financing and spending plan in the Department of Parks and
17-315 Recreation in the amount of $90,000 to reflect the Minnesota China
Garden Friendship Society’s gift for the St. Paul-Changsha China
Friendship Garden project in Phalen Regional Park.
Sponsors: Bostrom
Attachments: Chinese Garden Society Donation.xlsx
49 RES PH Amending the financing and spending plans in the Department of Parks
17-324 and Recreation in the amount of $402,558 to reflect additional funding
received from Como Friends for the MAC Roadmap project at Como Park
Zoo and Conservatory.
Sponsors: Stark
Attachments: Mac Roadmap RES.xlsx
50 RES PH Amending the financing and spending plans in the Police Department
17-330 Special Fund in the amount of $281,000 for fund balance.
Sponsors: Stark
Attachments: Financial Analysis
51 RES PH Amending the financing and spending plans in the Police Department
17-331 Special Fund in the amount of $126,500 for fund balance.
Sponsors: Stark
Attachments: Financial Analysis
52 RES PH Amending the 2017 financing and spending budgets in the Department of
17-307 Public Works Department, Sewer Utility, for the Private Sewer Connection
Program.
Sponsors: Stark
Attachments: Res PH 17-307 Financial Analysis - Private Sewer Connection Program
PUBLIC HEARINGS (Public hearings will begin at 5:30 p.m.)
City of Saint Paul Page 10 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
53 Ord 17-17 Amending Chapter 65 of the Legislative Code pertaining to Alternative
Financial Establishments.
Sponsors: Stark
Attachments: NPC memo to planning commsion 5-5-2017
AlternativeFinancialEstab. ZoningTextAmend 05-05-17
54 RES PH Approving adverse action against the Second Hand Dealer-Motor Vehicle
17-327 license held by Best Buy Auto Sales, LLC, d/b/a Payless Auto Sales
located at 1414 Arcade Street.
Sponsors: Bostrom
Attachments: Notice of Council Hearing with Affidavit of Service.pdf
Payless Auto Sales - Noncontested License Matter Coversheet.pdf
License Group Comments Text.pdf
License Group Conditions Text.pdf
Adverse Action Comments Text.pdf
October 18th 2017 Inspection Report with photographs.pdf
Notice of Violation and Notice of Intent to Suspend License with Affidavit of Service.pdf
Email from licensee requesting a public hearing dated November 8th 2017.pdf
October 5th 2016 Inspection Report with photographs.pdf
Notice of Violation with Affidavit of Service dated October 10th 2016.pdf
Email indicating $500 fine payment dated November 7th 2016.pdf
November 7th 2016 Inspection Report with photographs.pdf
Notice of Violation with Affidavit of Service dated November 23rd 2016.pdf
Notice of Administrative Hearing with Affidavit of Service dated February 10th 2017.pdf
Order of Dismissal from OAH dated March 10th 2017.pdf
Email indicating $1000 fine payment dated March 9th 2017.pdf
55 RES PH Approving the preliminary plat for Farrell's Addition at 561 Burlington Road,
17-322 southwest corner at Upland.
Sponsors: Prince
Attachments: Staff report
9 Final Version Pre Plat FARRELL'S ADDITION Rev 10-23-17 City
Preliminary Plat Rev 10-23-17 Sht 1 Existing
Preliminary Plat Rev 10-23-17 Sht 2
Preliminary Plat Rev 10-23-17 Sht 3 Trees
Preliminary Plat Rev 10-23-17 Sht 4 Conceptual Layout
Preliminary Plat Rev 10-23-17 Sht 5 Utility Plan
561 Burlington
56 RES PH Approving the application of Hangman Productions USA, Inc. for a sound
17-326 level variance to allow 24/7 operation of chillers and generators from
City of Saint Paul Page 11 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
Wednesday, December 27, 2017 through Monday, January 29, 2018, and
the use of an amplified sound system for the Red Bull Crashed Ice Event
on Friday, January 19 and Saturday, January 20, 2018.
Sponsors: Noecker
Attachments: Application
ENS
Map
Notice to Owners
List of Owners
Letter to Applicant
57 RES PH Approving the petition of Catholic Charities of the Archdiocese of Saint
17-329 Paul and Minneapolis and Dorothy Day Shelter, LLC to vacate air rights
over Dorothy Day Place for a private skyway bridge.
Attachments: Exhibit A - Description of Vacation Area
Exhibit B - Depiction of Vacation Area
58 RES PH Approving the application of Lametti & Sons Inc. for a sound level variance
17-332 from 10:00 p.m. to 3:00 a.m., weeknights, from December 1, 2017 through
March 30, 2018 for the Phalen Creek Storm Tunnel Rehab Project - Phase
2.
Sponsors: Noecker
Attachments: Application
ENS
Map
Notice to Owners
List of Owners
Letter to Applicant
59 RES PH Reciting a proposal for a Housing Finance Program for a multifamily rental
17-338 housing development, giving preliminary approval to the project and the
program pursuant to Minnesota Statutes, Chapter 462C, authorizing the
Housing and Redevelopment Authority of the City to issue conduit
multifamily housing revenue bonds and authorizing the preparation of
necessary documents and materials in connection with said project and
program, northwest corner of Fillmore and Livingston Avenues (West Side
Flats Phase III B Apartment Project District 3, Ward 2).
Sponsors: Noecker
60 RES PH Reciting a proposal for a Housing Finance Program for a multifamily rental
17-340 housing development, giving preliminary approval to the project and the
program pursuant to Minnesota Statutes, Chapter 462C, authorizing the
Housing and Redevelopment Authority of the City of Saint Paul, Minnesota
to issue conduit multifamily housing revenue bonds and authorizing the
preparation of necessary documents and materials in connection with said
City of Saint Paul Page 12 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
project and program, 700 Emerald Street SE (Millberry Apartments
Project, District 12, Ward 4).
Sponsors: Stark
61 RES PH Reciting a proposal for a Housing Finance Program for a multifamily rental
17-341 housing development, giving preliminary approval to the project and the
program pursuant to Minnesota Statutes, Chapter 462C, authorizing the
Housing and Redevelopment Authority of the City of Saint Paul, Minnesota
to issue conduit multifamily housing revenue bonds and authorizing the
preparation of necessary documents and materials in connection with said
project and program, 700 Emerald Street SE (Legends at Berry Senior
Apartments Project, District 12, Ward 4).
Sponsors: Stark
Truth in Taxation Public Hearing (Held at 6:30 p.m. or shortly thereafter)
62 PH 17-11 Final Hearing on the proposed 2018 Budget and Tax Levy, aka Truth in
Taxation hearing.
Sponsors: Stark
Attachments: 2018 TNT Hearing Presentation12.4.17
Public Comment on Truth in Taxation
PUBLIC HEARINGS
63 APC 17-2 Public hearing to consider the appeal by Listening House of a Planning
Commission decision to affirm in part and modify a Zoning Administrator's
similar use determination for Listening House to provide services at First
Lutheran Church at 464 Maria Avenue subject to 14 conditions.
Sponsors: Prince
Attachments: Appeal by Listening House of St. Paul
PC Resolution 17-64
Planning Commission packet
PC action minutes 10-20-17
PC action minutes 10-6-17
draft ZC minutes 9-28-17
ZC minutes 9-14-17
ZC minutes 8-31-17
ZC minutes 8-3-17
Letters from Listening House
Comments Supporting Lerma Appeal
Comments supporting Listening House Appeal
Lerma lh petition
Comments Supporting Listening House Appeal 2
LH letter of support RADIAS
City of Saint Paul Page 13 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
Comments Supporting Listening House Appeal 3
Comments Supporting Lerma Appeal 2
Comments Supporting Lerma Appeal 3
DBCC Listening House Support Letter
Sisters of St. Joseph of Carondelet letters
Listening House Ltr of Support Jesuits
Sisters of St. Joseph of Carondelet letter
Stinson Leonard Street
Comments Supporting Lerma Appeal 4
Comments Supporting Listening House Appeal 4
Response to LH and FL Appeal Final
Listening House Response to Neighbors' Appeal
Petition from Jesuit Novitiate
64 APC 17-3 Public hearing to consider the appeal by Rene & Kim Lerma of a Planning
Commission decision to affirm in part and modify a Zoning Administrator's
similar use determination for Listening House to provide services at First
Lutheran Church at 464 Maria Avenue subject to 14 conditions.
Sponsors: Prince
Attachments: Appeal by Rene and Kim Lerma, part 1
Appeal by Rene and Kim Lerma, part 2
PC Resolution 17-64
Planning Commission packet
PC action minutes 10-20-17
PC action minutes 10-6-17
draft ZC minutes 9-28-17
ZC minutes 9-14-17
ZC minutes 8-31-17
ZC minutes 8-3-17
Letters from Listening House
Comments Supporting Lerma Appeal
Comments supporting Listening House Appeal
Comments Supporting Listening House Appeal 2
Comments Supporting Listening House Appeal 3
LH letter of support RADIAS
Lerma lh petition
Comments Supporting Lerma Appeal 2
Comments Supporting Lerma Appeal 3
Comments Supporting Lerma Appeal 4
Comments Supporting Listening House Appeal 4
City of Saint Paul Page 14 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
Listening House Ltr of Support Jesuits
Sisters of St. Joseph of Carondelet letters
Sisters of St. Joseph of Carondelet letter
DBCC Listening House Support Letter
LEGISLATIVE HEARING ITEMS FOR DISCUSSION
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.
65 RLH VO Appeal of Ray Moore to a Notice of Condemnation Unfit for Human
17-52 Habitation and Order to Vacate at 1258 ALBEMARLE STREET.
Sponsors: Brendmoen
Attachments: 1258 Albemarle Street.appeal.10-27-17
1258 Albemarle St.10-23-17.photos 1
1258 Albemarle St.10-23-17.photos 2
1258 Albemarle St.Moore Ltr.11-9-17.doc
66 RLH VBR Appeal of Wanda Baker to a Vacant Building Registration Renewal Notice
17-80 at 971 ARCADE STREET.
Sponsors: Bostrom
Attachments: 971 Arcade Street.appeal.11-03-17
971-983 Arcade St.Photos.11-29-16
971 Arcade St.Revocation Ltr.5-7-15.pdf
971 Arcade St.Baker Ltr.11-9-17.doc
67 RLH CO Appeal of Ajah Peterson to a Correction Notice at 1560 ARLINGTON
17-42 AVENUE EAST.
Sponsors: Bostrom
Attachments: 1560 Arlington Avenue E.appeal.11-06-17
1560 Arlington Ave E.photos.10-20-17
1560 Arlington Ave E.Photos.11-15-17.pdf
1560 Arlington Ave E.Peterson Ltr.11-16-17.doc
1560 Arlington Ave E.Peterson Revised Ltr.11-27-17.doc
68 RLH VO Appeal of Jorge A. Lopez to a Revocation of Fire Certificate of Occupancy
17-54 and Order to Vacate at 1150 BURR STREET (and 1152 BURR STREET).
Sponsors: Brendmoen
Attachments: 1150 Burr St.appeal.11-13-17
1152 Burr St.photos.11-08-17
1152 Burr St.photos.10-02-17
City of Saint Paul Page 15 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
1150-1152 Burr St.Lopez Ltr.11-27-17.doc
69 RLH RR Making finding on the appealed nuisance abatement ordered for 1571
17-43 CHRISTIE PLACE in Council File RLH RR 17-35. (Public hearing
continued from November 15)
Sponsors: Bostrom
Attachments: 1571 Christie Pl.Scobie-Rodriguez Making finding letter.11-9-17
1571 Christie Pl.Vang-Rodriguez email.12-6-17.pdf
70 RLH VBR Appeal of Kim Sorn Theng to a Vacant Building Registration Notice at 483
17-79 COMO AVENUE.
Sponsors: Thao
Attachments: 483 Como Ave.appeal.11-1-17
483 Como Ave.Photos.7-13-17
483 Como Ave.Photos.6-9-17
483 Como Ave.Fire C of O Revocation.6-8-17
483 Como Ave.Theng Ltr.11-9-17.doc
71 RLH CO Appeal of Sue Hang to a Correction Notice at 1805 COTTAGE AVENUE
17-44 EAST.
Sponsors: Bostrom
Attachments: 1805 Cottage Ave E.appeal.11-13-17
1805 Cottage Ave E.photos.09-07-17
1805 Cottage Ave E.Hang Ltr.11-27-17.doc
72 RLH VO Appeal of Dhaneshwarie Himraj to a Correction Notice-Complaint
17-59 Inspection (which includes condemnation) at 1032 DULUTH STREET.
Sponsors: Bostrom
Attachments: 1032 Duluth St.appeal.11-28-17
1032 Duluth St.SPFD Photos.11-13-2017
1032 Duluth St.Fire Report.11-13-2017
1032 Duluth St.DSI Photos.11-14-2017
1032 Duluth St.Fire Inspection Immediate Orders.11-14-2017
1032 Duluth St.DSI Photos.11-15-2017
1032 Duluth St.Fire Inspection Inspection Deficiency Notes.11-28-2017
1032 Duluth St.DSI Photos.11-28-2017
1032 Duluth St.Electrical Permit Info as of 11-28-17
1032 Duluth St.Mechanical Permit Info as of 11-28-17
1032 Duluth St.Mayer Elec Bid. for Paul Himraj 133534.11-28-17
73 RLH VO Appeal of Daniel Beck to a Notice of Condemnation as Unfit for Human
17-53 Habitation and Order to Vacate at 1274 EDGERTON STREET.
Sponsors: Bostrom
City of Saint Paul Page 16 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
Attachments: 1274 Edgerton St.appeal.10-31-17
1274 Edgerton St.photos 10-25-17
1274 Edgerton St.Correction Order.5-1-17
1274 Edgerton St.photos.6-1-17 to 10-4-17
1274 Edgerton St.Beck Ltr.11-16-17.pdf
74 RLH SAO Making finding on the appealed nuisance abatement ordered for 25
17-65 ELIZABETH STREET EAST in Council File RLH SAO 17-56.
Sponsors: Noecker
Attachments: 25 Elizabeth St E.Photos.6-14-17.pdf
25 Elizabeth St E.Gutierrez Ltr.6-15-17.doc
25 Elizabeth St E.Gutierrez Ltr.7-21-17.pdf
25 Elizabeth St E.Gutierrez Ltr.8-2-17.doc
25 Elizabeth St E.Aerial Map.9-26-17
25 Elizabeth St E.Gutierrez Ltr.9-29-17.doc
25 Elizabeth St E.Moermond-Ubl Email.9-29-17
25 Elizabeth St E.Ubl Letter.10-4-17
25 Elizabeth St E.Moermond-Gutierrez Email Chain.10-6-17
25 Elizabeth St E.Gutierrez Ltr.10-12-17
25 Elizabeth St E.Photos.11-14-17.pdf
25 Elizabeth St E.Gutierrez Ltr.11-17-17.doc
75 RLH FCO Appeal of Caryl L. Kruchowski to a Fire Inspection Correction Notice at
17-180 598 GRAND AVENUE.
Sponsors: Noecker
Attachments: 598 Grand Ave.appeal.10-3-17
598 Grand Ave.Photos.9-21-17
598 Grand Ave.Kruchowski Ltr.10-19-17.doc
598 Grand Ave.Electro Watchman Inc. Testing.11-7-17.pdf
598 Grand Ave.Floor Plan.11-7-17.pdf
598 Grand Ave.Kruchowski Ltr.11-9-17.doc
76 RLH CO Appeal of Jonathan LaFond to a Correction Notice at 594 HUMBOLDT
17-41 AVENUE.
Sponsors: Noecker
Attachments: 594 Humboldt Avenue.appeal.11-06-17
594 Humboldt Ave.Photos.11-14-17.pdf
594 Humboldt Ave.Lafond Ltr.11-16-17.doc
77 RLH SAO Appeal of Patrick Milan to a Summary Abatement Order at 108 LAWSON
17-97 AVENUE WEST. (Continue to June 6, 2018 Council Public Hearing.)
Sponsors: Brendmoen
City of Saint Paul Page 17 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
Attachments: 108 Lawson Ave W.appeal.11-01-17
108 Lawson Ave W.Photos.11-2-17
108 Lawson Ave W.Petition.11-14-17.pdf
108 Lawson Ave W.Milan Ltr.11-16-17.doc
78 RLH VO Appeal of William Acree to a Revocation of Fire Certificate of Occupancy
17-51 and Order to Vacate at 79 MAGNOLIA AVENUE WEST.
Sponsors: Brendmoen
Attachments: 79 Magnolia Ave W.appeal.10-26-17
79 Manolia Ave W.photos 10-17-17
79 Magnolia Ave W.Photos.9-29-17
79 Magnolia Ave W.Photos.8-4-17
79 Magnolia Ave W.Photos.6-8-17
79 Magnolia Ave W.Acree Ltr.11-17-17.doc
79 RLH VBR Appeal of Fred Rappaport, KCR Corporation, to a Vacant Building
17-78 Registration Renewal Notice at 707 MARSHALL AVENUE.
Sponsors: Thao
Attachments: 707 Marshall Ave.appeal.10-31-17
707 Marshall Ave.Rappaport Ltr.11-9-17.doc
80 RLH VO Appeal of Aaron Livingston to a Notice of Condemnation as Unfit for
17-50 Human Habitation and Order to Vacate plus Summary Abatement Order at
1124 MATILDA STREET.
Sponsors: Brendmoen
Attachments: 1124 Matilda St.appeal.10-24-17
1124 Matilda St.Photos.10-19-17
1124 Matilda St.Photos.11-14-17.pdf
1124 Matilda St.Livingston Ltr.11-16-17.doc
1124 Matilda St.Livingston Ltr.11-27-17.doc
1124 Matilda St.Owner Statement.12-6-17
1124 Matilda St.Owner Photos.12-6-17
81 RLH FCO Appeal of Kong Sue Xiong to a Correction Order at 1325 REANEY
17-212 AVENUE.
Sponsors: Prince
Attachments: 1325 Reaney Ave.appeal.11-14-17
1325 Reaney Ave.photos.10-5-17
1325 Reaney Ave.photos.10-26-17
1325 Reaney Ave.Aerial Map w Plat Lines
SPLC ARTICLE_V.___63.500._ACCESSORY_BUILDINGS
1325 Reaney Ave.Xiong Ltr.11-27-17.doc
City of Saint Paul Page 18 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
1325 Reaney Ave.Diagram.11-28-17.pdf
82 RLH TA Amending Council File No. RLH AR 17-57 to delete the assessment for
17-527 Collection of Vacant Building Registration Fees billed during November
10, 2016 to February 27, 2017 at 1041 SELBY AVENUE. (File No.
VB1712A, Assessment No. 178831)
Sponsors: Thao
83 RLH FCO Appeal of Todd Delack, Archer Properties Group, to a Fire Inspection
17-200 Correction Notice at 559 SMITH AVENUE SOUTH. (Continue public
hearing to December 20)
Sponsors: Noecker
Attachments: 559 Smith Ave S.appeal.11-7-17
559 Smith Ave S.Photos.10-20-17
559 Smith Ave S.Delack-Martinetto Ltr.11-17-17.doc
84 RLH CO Appeal of William Long to a Correction Notice at 1818 SUMMIT AVENUE.
17-38
Sponsors: Tolbert
Attachments: 1818 Summit Ave.appeal.10-16-17
1818 Summit Ave.Garlock-French Proposal.11-2-17.pdf
1818 Summit Ave.HPC Documents.11-7-17.pdf
1818 Summit Ave.Email Re work on garage.11-6-17.pdf
1818 Summit Ave.Long Ltr.11-9-17.doc
85 RLH VBR Appeal of Calvin Mickel to a Vacant Building Registration Notice at 316
17-77 SUPERIOR STREET. (To be referred back to Legislative Hearing on
January 23, 2018)
Sponsors: Noecker
Attachments: 316 Superior St.appeal.10-30-17
316 Superior St.Photos.7-10-17.pdf
316 Superior St.Photos.10-17-17.pdf
316 Superior St.Owner Ltr-Photos.11-7-17.pdf
316 Superior St.Mickel Ltr.11-9-17.doc
316 Superior St.Fire C of O Revocation.11-8-17
86 RLH VBR Appeal of Keith Kaestner to a Vacant Building Registration Fee at 1630
17-73 UNIVERSITY AVENUE WEST.
Sponsors: Stark
Attachments: 1630 University Ave W.appeal.10-16-17
1630 University Ave.Fire C of O Revocation.4-4-16
1630 University Ave W.Photos.4-4-16.pdf
1630 University Ave W.Kaestner Ltr.11-9-17.doc
City of Saint Paul Page 19 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
87 RLH CO Appeal of Mark Nalipinski to a Correction Notice at 408 VIEW STREET.
17-43
Sponsors: Brendmoen
Attachments: 408 View Street.appeal.11-13-17
408 View St.Photo.11-21-17.pdf
408 View St.Nalipinski Ltr.11-27-17.doc
408 View St.Nalipinski Revised Ltr.11-27-17.doc
88 RLH VO Appeal of Christian Krein to a Notice of Condemnation as Unfit for Human
17-49 Habitation and Order to Vacate at 631 WESTERN AVENUE NORTH.
Sponsors: Thao
Attachments: 631 Western Ave N. appeal.10-12-17
631 Western Ave N.10-12-17.photos #1
631 Western Ave N.10-12-17.photos #2
631 Western Ave N.10-12-17.photos #3
631 Western Ave N.Westphal Ltr.10-19-17.doc
631 Western Ave N.Krein Condemnation appeal ltr-photos.pdf
631 Western Ave N.email-photos.11-6-17.pdf
631 Western Ave N.Westphal Ltr.11-9-17.doc
89 RLH VO Appeal of Lance Holder to a Revocation of Fire Certificate of Occupancy
17-48 and Order to Vacate at 1108 WESTERN AVENUE NORTH. (To continue
public hearing to December 20 with a Legislative Hearing on December
19)
Sponsors: Brendmoen
Attachments: 1108 Western Ave N.appeal.10-10-17
1108 Western Ave N.Photos.10-9-17.pdf
1108 Western Ave N.Photos.10-9-17 #2.pdf
1108 Western Ave N.Holder Ltr.10-19-17.doc
1108 Western Ave N.Holder Ltr.10-25.17
1108 Western Ave N.Rent Roll.12-1-17
1108 Western Ave N.Rehab Loan Application as of 12-1-17
1108 Western Ave.Revocation Notice-SPANISH.10-27-17
1108 Western Ave.Work Orders.12-4-17
SUSPENSION ITEMS
ADJOURNMENT
City of Saint Paul Page 20 Printed on 12/6/2017
City Council Meeting Agenda December 6, 2017
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City of Saint Paul Page 21 Printed on 12/6/2017