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City Council

Regular Meeting

St. Paul, MN · February 14, 2018

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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 Amy Brendmoen Councilmember Dan Bostrom Councilmember Rebecca Noecker Councilmember Jane L. Prince Councilmember Russ Stark Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, February 14, 2018 3:30 PM Council Chambers - 3rd Floor ROLL CALL The meeting was called to order by Council President Brendmoen at 3:33 p.m. 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 AO 18-11 Authorizing the Police Department to reallocate its 2018 Special Fund, ECC Operating Budget to more accurately record expenditures. Received and filed 2 AO 18-12 Authorizing the Fire Department to reallocate a total of $61,195 for the 2016 Assistance to Firefighter Grant (AFG) in the 2018 adopted budget to more accurately record the grant expenditures. 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 3 - 18) Item 4 was removed from the Consent Agenda for separate consideration. Councilmember Noecker moved approval of the Consent Agenda as amended. Consent Agenda adopted as amended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince City of Saint Paul Page 1 City Council Minutes - Final February 14, 2018 Nay: 0 3 RES 18-218 Accepting a gift of up to $1,300 from the National League of Cities to cover expenses for Councilmember Chris Tolbert to attend and speak at the National League of Cities Silicon Valley Policy Roundtable, February 7 - 9, 2018. Adopted 5 RES 18-230 Supporting funding for a second daily train from Saint Paul to Chicago. Adopted 6 RES 18-121 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Jackson Street, Phase I, Part B, street paving and lighting project. (File No. 19173C, Assessment No. 176004) Adopted 7 RES 18-116 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Raymond Avenue, Phase III street paving and lighting project. (File No. 19190C, Assessment No. 186001) Adopted 8 RES 18-119 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Como Avenue from Raymond to Commonwealth street paving and lighting project. (File No. 19202C, Assessment No. 186004) Adopted 9 RES 18-120 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Wheelock Parkway, Phase II, street paving and lighting project. (File No. 19204C, Assessment No. 186002) Adopted City of Saint Paul Page 2 City Council Minutes - Final February 14, 2018 10 RES 18-117 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Battle Creek Road from Upper Afton to Park Ridge Court street paving and lighting project. (File No. 19201C, Assessment No. 186003) Adopted 11 RES 18-183 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the White Bear Avenue project. (File No. 19197C, Assessment No. 176002) Adopted 12 RES 18-237 Granting a temporary construction easement to the Minnesota Department of Transportation over a portion of city-owned Lilydale Park. Adopted 13 RES 18-238 Authorizing the Saint Paul Public Library Agency to hold a volunteer recognition event. Adopted 14 RES 18-252 Authorizing the Department of Parks and Recreation to enter into a management agreement with O’Reilly Custom 3, LLC, for the Como Lakeside Pavilion. Adopted 15 RES 18-223 Approving the application with conditions, per the Deputy Legislative Hearing Officer, to add Auto Body Repair Garage and Auto Repair Garage licenses to the existing Second Hand Dealer - Motor Vehicle license for Global Auto USA LLC (ID# 20140001093), d/b/a Global Auto USA at 357/365 Como Avenue. Adopted 16 RES 18-243 Approving adverse action against the Cigarette/Tobacco license held by Elisea’s Snack Shop, LLC d/b/a Elisea’s Snack Shop located at 1885 University Avenue West, Ste. 100. Adopted 17 RES 18-241 Approving adverse action against the Auto Repair Garage and Second Hand Dealer - Motor Vehicle licenses held by Phoenix Auto d/b/a 3B Auto Sales located at 1176 Dale Street North. Adopted City of Saint Paul Page 3 City Council Minutes - Final February 14, 2018 18 RLH OA 18-1 Making recommendation to Ramsey County on the application of David L. Och for repurchase of tax forfeited property at 1508 SEVENTH STREET EAST. Adopted FOR DISCUSSION 4 RES 18-234 Appointing the interim Ward 4 council member filling the term of Councilmember Russ Stark until the election certificate is issued from the Ward 4 special election scheduled for August 14, 2018. Councilmember Stark recused himself from the vote. Councilmember Thao moved approval of the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker and Councilmember Prince Nay: 0 Abstain: 1- Councilmember Stark 19 RES 18-290 Outlining the City of Saint Paul's 2018 Legislative Agenda. Thao Mee Xiong gave a report on the 2018 Legislative Agenda. Council President Brendmoen asked for a review of the changes made to the attachment after initial publication of the agenda. Ms.Xiong said changes were made based on conversations with Council members and included the addition of the MNWin Workforce Development Initiative, a request to reduce speed limits, and the I-94 land bridge to connect Rondo. Councilmember Prince asked to confirm that the support list on the draft document was still part of the Legislative Agenda. Ms. Xiong said it was. Councilmember Prince moved approval of the resolution. 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 4 City Council Minutes - Final February 14, 2018 20 SR 18-8 Disparity Study Presentation. Jessica Kingston, Human Rights and Equal Economic Opportunity, introduced David Keen, who presented the results of the Disparity Study. Mr. Keen answered questions from Council members. Received and filed 21 PH 18-1 Public hearing to consider the report of the Administrative Law Judge concerning the Liquor On Sale-100 Seats or less, Liquor-Outdoor Services Area (Patio), Liquor On Sale-Sunday, Entertainment A, and Gambling Location licenses held by El Alamo, LLC, d/b/a El Alamo at 429 Robert Street South. (Public hearing held February 7) Councilmember Noecker said at the time of last week's meeting she felt there should be a double departure on the penalty matrix and wanted to take a week to put those reasons in writing. She moved to adopt the findings of fact, conclusions of law, and recommendation of the ALJ as amended in the resolution before the Council. She said she was recommending that they upwardly depart twice from the matrix penalty to revocation based solely on the report of the ALJ, the serious threat to public safety, and continued violation of very recently imposed license conditions intended to protect public safety. She said much of the testimony at the previous week's public hearing was troubling but the Council was only able to consider evidence contained in the record. She said evidence from that record were laid out in the resolution before the Council and constituted the substantial and compelling reasons needed to recommend a double departure on the penalty matrix. A vote was taken on the Motion of Intent. Yeas - 7 Nays - 0 Motion of Intent - Adopted the Findings of Fact, Conclusions of Law, and Recommendations of the Administrative Law Judge as amended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 SUSPENSION ITEM Councilmember Noecker moved suspension of the rules. Rules suspended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 City of Saint Paul Page 5 City Council Minutes - Final February 14, 2018 RES 18-335 Adopting the Findings of Fact, Conclusions of Law and Recommendations of the Administrative Law Judge as amended, and revoking all licenses held by El Alamo for the premises located at 429 Robert Street South. Deputy City Attorney Rachel Tierney clarified that the resolution memorialized the motion of intent just voted on. Councilmember Noecker moved approval of the resolution. 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 22 Ord 18-3 Granting the application of the Northern Star Council to rezone their property at 393 Marshall from OS Office Service to T2 Traditional Neighborhood, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Councilmember Thao moved approval. 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 6 City Council Minutes - Final February 14, 2018 23 Ord 17-64 Amending Legislative Code Section 293.07, pertaining to noise source limitations, by enacting a new subdivision to exempt certain soccer matches and other activities held in a municipal stadium from noise source limitations. Councilmember Thao thanked neighbors, staff, and the Union Park District Council for their efforts. He said he had listened and heard, and reflected on the concerns. He said based on the AUAR findings he felt this exemption variances were a better strategy in limiting noise pollution in that it made what was and wasn't allowed after 10:00 p.m. He said other stadiums belonging to the Minnesota Ballpark Authority abided by similar variance and exemptions. He said his office would with neighbors and the team t monitor any noise issues. He moved approval. Council President Brendmoen said she appreciated Councilmember Thao's extra work and the opportunity for the district council to weigh in again. Councilmember Stark said he would support the motion and appreciated thanked Councilmember Thao digging into this. He noted that the Council had already adopted a development agreement that essentially allowed the team to have soccer games on the site, and to come back later and restrict noise wouldn't make sense. He agreed with Councilmember Thao that the clarity provided was helpful. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 24 Ord 18-2 Granting the application of PDMC, LLC to rezone their property at 739 Selby Avenue from B2 Community Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Councilmember Thao moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Second Reading 25 Ord 18-5 Amending Chapter 157 of the Legislative Code to clarify parking restrictions in certain zoning districts. Laid over to February 21 for third reading/public hearing City of Saint Paul Page 7 City Council Minutes - Final February 14, 2018 26 Ord 18-8 Amending Chapter 160 of the Legislative Code pertaining to parking meter zones on holidays. Laid over to February 21 for third reading/public hearing First Reading 27 Ord 18-6 Amending Chapter 106 of the Legislative Code pertaining to restrictions on the use of sidewalks, streets, and etc. to permit sidewalk cafes on boulevards under certain conditions. Laid over to February 21 for second reading 28 Ord 18-7 Amending Chapter 121 of the Legislative Code, pertaining to permits for driveways, sidewalks, curbs, and etc. to permit surfacing of boulevards for sidewalk cafes under certain conditions. Laid over to February 21 for second reading BUDGET AMENDMENT PUBLIC HEARINGS No items City of Saint Paul Page 8 City Council Minutes - Final February 14, 2018 SUSPENSION ITEM Councilmember Tolbert moved suspension of the rules. Rules suspended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 RES 18-176 Proclaiming February 15, 2018 “Not for Sale Day” to raise awareness about sexual exploitation Following comments by Council members, Councilmember Tolbert moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 LEGISLATIVE HEARING ITEMS FOR DISCUSSION 30 RLH RR 18-4 Ordering the rehabilitation or razing and removal of the structures at 642 CHARLES AVENUE within fifteen (15) days after the February 14, 2018 City Council public hearing. (Amended to remove within 15 days with no option for rehabilitation) (Public hearing continued from February 14) Legislative Hearing Officer Marcia Moermond said her recommendation was to amend the resolution to order removal of the structures within 15 days; she asked that the Council continue the matter for one month in order for the owner to secure financing, develop work plans, and post a performance deposit - not a bond - in order to rehabilitate the structure. She said if the owner was not able to provide those items in that time period, she would recommend approval of the resolution. No one was present to testify. Councilmember Thao moved to continue the public hearing to March 14. Amended; public hearing continued to March 14 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 City of Saint Paul Page 9 City Council Minutes - Final February 14, 2018 43 RLH RR 18-2 Ordering the rehabilitation or razing and removal of the structures at 1536 VAN BUREN AVENUE within fifteen (15) days after the February 14, 2018, City Council public hearing. (Amend to remove or repair within 180 days) Legislative Hearing Officer Marcia Moermond said Assistance for Homeowners had called that afternoon and said they would be trying to work with the homeowner to rehabilitate the property. She said the property owner was a no-show for the previous day's Legislative Hearing, but she would like to give a chance for the property's rehabilitation. She said there was no performance deposit or financing, and, while a code compliance inspection had be applied for, the owner never put a lock box on the doors to allow access. She recommended laying the matter over for one week, and if a $5000 performance bond was posted by the close of business the next Tuesday she would refer the matter back to Legislative Hearings for review. No one was present to testify. Councilmember Stark moved to continue the public hearing to February 21. Amended; public hearing continued to February 21 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 (Items 29 - 44) 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 29 RLH VBR 18-5 Appeal of Randall Bibeau, on behalf of William Gobely, to a Vacant Building Registration Fee Warning Letter at 1560 CANFIELD AVENUE. Adopted 31 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) Public hearing continued to April 11 City of Saint Paul Page 10 City Council Minutes - Final February 14, 2018 32 RLH FCO 18-14 Appeal of Minnesota Place, LLC to a Correction Notice - Complaint Inspection at 46 FOURTH STREET EAST. Adopted 33 RLH FCO 18-11 Appeal of Mieczyslaw Glowka to a Fire Inspection Correction Notice at 2314 HILLSIDE AVENUE. Adopted 34 RLH SAO 18-8 Appeal of Liberty Tax to a Summary Abatement Order at 472 LEXINGTON PARKWAY NORTH. Adopted 35 RLH RR 18-3 Ordering the rehabilitation or razing and removal of the structures at 735 MARGARET STREET within fifteen (15) days after the February 14, 2018, City Council public hearing. (Public hearing continued from February 14) (Amend to remove or repair within 180 days) Public hearing continued to April 4 36 RLH FCO 18-7 Appeal of Brian L. Kraut to a Re-Inspection Fire Certificate of Occupancy with Deficiencies at 749 MARYLAND AVENUE EAST. Adopted 37 RLH FCO 18-6 Appeal of Michael Johnson to a Correction Notice-Reinspection Complaint at 958 MARYLAND AVENUE EAST. Adopted 38 RLH RR 17-48 Making finding on the appealed nuisance abatement ordered for 544 MINNEHAHA AVENUE WEST in Council File RLH RR 17-12. (Public hearing held February 28) Public hearing continued to February 28 39 RLH FCO 18-16 Amending Council File RLH VO 17-8, adopted June 21, 2017, to grant Gary D Schultz an additional extension for property at 1818 NEVADA AVENUE EAST. Adopted 40 RLH CO 18-4 Appeal of Jeff Groves to a Correction Notice at 873 SCHEFFER AVENUE. Adopted City of Saint Paul Page 11 City Council Minutes - Final February 14, 2018 41 RLH SAO 18-9 Appeal of Kendra Logan to a Summary Abatement Order at 1082 SHERBURNE AVENUE. Adopted 42 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) Adopted as amended (extension granted) 44 RLH VO 17-60 Appeal of Gina Yanez and Louis Yanez to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 740 WASECA STREET. (Public hearing continued from February 14) Public hearing continued to February 28 Mayor Carter and Council members acknowledged Councilmember Stark for his work with the Council. ADJOURNMENT Councilmember Stark moved adjournment. Meeting adjourned Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 City of Saint Paul Page 12 City Council Minutes - Final February 14, 2018 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. 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 13

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 Amy Brendmoen Councilmember Dan Bostrom Councilmember Rebecca Noecker Councilmember Jane L. Prince Councilmember Russ Stark Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, February 14, 2018 3:30 PM Council Chambers - 3rd Floor ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 AO 18-11 Authorizing the Police Department to reallocate its 2018 Special Fund, ECC Operating Budget to more accurately record expenditures. Attachments: Financial Analysis 2 AO 18-12 Authorizing the Fire Department to reallocate a total of $61,195 for the 2016 Assistance to Firefighter Grant (AFG) in the 2018 adopted budget to more accurately record the grant expenditures. Attachments: 2016 AFG Grant Budget Amendment 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. 3 RES 18-218 Accepting a gift of up to $1,300 from the National League of Cities to cover expenses for Councilmember Chris Tolbert to attend and speak at the National League of Cities Silicon Valley Policy Roundtable, February 7 - 9, 2018. Sponsors: Tolbert 4 RES 18-234 Appointing the interim Ward 4 council member filling the term of Councilmember Russ Stark until the election certificate is issued from the Ward 4 special election scheduled for August 14, 2018. Sponsors: Brendmoen 5 RES 18-230 Supporting funding for a second daily train from Saint Paul to Chicago. Sponsors: Prince City of Saint Paul Page 1 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 6 RES 18-121 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Jackson Street, Phase I, Part B, street paving and lighting project. (File No. 19173C, Assessment No. 176004) Sponsors: Noecker Attachments: Report of Completion Assessment Roll 7 RES 18-116 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Raymond Avenue, Phase III street paving and lighting project. (File No. 19190C, Assessment No. 186001) Sponsors: Stark Attachments: Report of Completion Assessment Roll 8 RES 18-119 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Como Avenue from Raymond to Commonwealth street paving and lighting project. (File No. 19202C, Assessment No. 186004) Sponsors: Stark Attachments: Report of Completion Assessment Roll 9 RES 18-120 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Wheelock Parkway, Phase II, street paving and lighting project. (File No. 19204C, Assessment No. 186002) Sponsors: Brendmoen Attachments: Report of Completion Assessment Roll 10 RES 18-117 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Battle Creek Road from Upper Afton to Park Ridge Court street paving and lighting project. (File No. 19201C, Assessment No. 186003) Sponsors: Prince Attachments: Report of Completion Assessment Roll City of Saint Paul Page 2 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 11 RES 18-183 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the White Bear Avenue project. (File No. 19197C, Assessment No. 176002) Sponsors: Prince Attachments: Report of Completion Assessment Roll 12 RES 18-237 Granting a temporary construction easement to the Minnesota Department of Transportation over a portion of city-owned Lilydale Park. Sponsors: Noecker Attachments: Lilydale Grant of Temp Easement - MnDOT 13 RES 18-238 Authorizing the Saint Paul Public Library Agency to hold a volunteer recognition event. Sponsors: Prince Attachments: 2018 Volunteer Recognition Fiscal Analysis 14 RES 18-252 Authorizing the Department of Parks and Recreation to enter into a management agreement with O’Reilly Custom 3, LLC, for the Como Lakeside Pavilion. Sponsors: Brendmoen and Stark Attachments: Spring Cafe Agreement FINAL 20180209 City of Saint Paul Page 3 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 15 RES 18-223 Approving the application with conditions, per the Deputy Legislative Hearing Officer, to add Auto Body Repair Garage and Auto Repair Garage licenses to the existing Second Hand Dealer - Motor Vehicle license for Global Auto USA LLC (ID# 20140001093), d/b/a Global Auto USA at 357/365 Como Avenue. Sponsors: Thao Attachments: Minutes Signed Conditions Affidavit Class N Application Approved Site Plan - 01-19-2018 Site Plan Approval Letter with Drainage Easement - 01-19-2018 Steet Level Photographs, Set 1 Steet Level Photographs, Set 2 Aerial Photograph Stamp Activity Zoning Map Plat Map Property Ownership 100' AMANDA Print Screen Objection Letter Notice of License Hearing License Hearing Sign-in Sheet 16 RES 18-243 Approving adverse action against the Cigarette/Tobacco license held by Elisea’s Snack Shop, LLC d/b/a Elisea’s Snack Shop located at 1885 University Avenue West, Ste. 100. Sponsors: Stark Attachments: Notice of Intent to Suspend License with Affidavit of Service.pdf SPLC Section 310.05(m) - Presumptive Penalties 17 RES 18-241 Approving adverse action against the Auto Repair Garage and Second Hand Dealer - Motor Vehicle licenses held by Phoenix Auto d/b/a 3B Auto Sales located at 1176 Dale Street North. Sponsors: Brendmoen Attachments: Notice of Intent to Revoke Licenses with Affidavit of Service.pdf MN Department of Revenue - Notice of License Revocation for Debt.pdf Minn Stat Section 270C.72 - Tax Clearance Issuance of Licenses.pdf City of Saint Paul Page 4 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 18 RLH OA 18-1 Making recommendation to Ramsey County on the application of David L. Och for repurchase of tax forfeited property at 1508 SEVENTH STREET EAST. Sponsors: Prince Attachments: 1508 Seventh St E.repurchase application.12-21-17 1508 7th St E.STAMP History 1508 7th St E.Police Call Log.5 Years 1508 Seventh St E.Repurchase Ltr.1-19-18.docx FOR DISCUSSION 19 RES 18-290 Outlining the City of Saint Paul's 2018 Legislative Agenda. Sponsors: Brendmoen Attachments: 2018 Legislative Agenda_FINAL 2_14_2018 20 SR 18-8 Disparity Study Presentation. Sponsors: Brendmoen 21 PH 18-1 Public hearing to consider the report of the Administrative Law Judge concerning the Liquor On Sale-100 Seats or less, Liquor-Outdoor Services Area (Patio), Liquor On Sale-Sunday, Entertainment A, and Gambling Location licenses held by El Alamo, LLC, d/b/a El Alamo at 429 Robert Street South. (Public hearing held February 7) Sponsors: Noecker Attachments: Notice of Council Hearing - ALJ Report dated January 18th 2018.pdf ALJ Report dated January 8th 2018.pdf Notice of Violation - Notice of Intent to Suspend Licenses with Affidavit of Service dated October Boca Chica email re El Alamo Letters Received at Council Meeting PH 18-1 El Burrito Mercado Letter El Alamo comment rec'd by Council SUSPENSION ITEM RES 18-335 Adopting the Findings of Fact, Conclusions of Law and Recommendations of the Administrative Law Judge as amended, and revoking all licenses held by El Alamo for the premises located at 429 Robert Street South. Sponsors: Noecker City of Saint Paul Page 5 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 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 22 Ord 18-3 Granting the application of the Northern Star Council to rezone their property at 393 Marshall from OS Office Service to T2 Traditional Neighborhood, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Sponsors: Thao Attachments: Application, 17-210-652 Staff Report Signed Extension Letter PC resolution 17-210-652 District Council Letter 17-210-652 letter in opposition 17-210-652 minutes Comment rec'd by Council - 393 Marshall rezoning 23 Ord 17-64 Amending Legislative Code Section 293.07, pertaining to noise source limitations, by enacting a new subdivision to exempt certain soccer matches and other activities held in a municipal stadium from noise source limitations. Sponsors: Thao Attachments: Warns email re ORD 17-64 Kaehler email re ORD 17-64 UPDC noise ordinance exemption recommendation City of Saint Paul Page 6 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 24 Ord 18-2 Granting the application of PDMC, LLC to rezone their property at 739 Selby Avenue from B2 Community Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Sponsors: Thao Attachments: 17-215-889 application packet Staff Report 17-215-889 Request for Continuance 12-6-17 PC resolution 17-215-889 739 Selby 2017 (2) Support Letter Morning Star Senior minutes Signed Extension Letter Busch email re 739 Selby Second Reading 25 Ord 18-5 Amending Chapter 157 of the Legislative Code to clarify parking restrictions in certain zoning districts. Sponsors: Noecker 26 Ord 18-8 Amending Chapter 160 of the Legislative Code pertaining to parking meter zones on holidays. Sponsors: Noecker First Reading 27 Ord 18-6 Amending Chapter 106 of the Legislative Code pertaining to restrictions on the use of sidewalks, streets, and etc. to permit sidewalk cafes on boulevards under certain conditions. Sponsors: Tolbert 28 Ord 18-7 Amending Chapter 121 of the Legislative Code, pertaining to permits for driveways, sidewalks, curbs, and etc. to permit surfacing of boulevards for sidewalk cafes under certain conditions. Sponsors: Tolbert BUDGET AMENDMENT PUBLIC HEARINGS No items SUSPENSION ITEM RES 18-176 Proclaiming February 15, 2018 “Not for Sale Day” to raise awareness about sexual exploitation Sponsors: Tolbert, Brendmoen, Noecker, Prince, Stark and Thao City of Saint Paul Page 7 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 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. 29 RLH VBR Appeal of Randall Bibeau, on behalf of William Gobely, to a Vacant 18-5 Building Registration Fee Warning Letter at 1560 CANFIELD AVENUE. Sponsors: Stark Attachments: 1560 Canfield Ave.appeal.01-25-18 1560 Canfield Ave.Bibeau Ltr.2-2-18.doc 30 RLH RR 18-4 Ordering the rehabilitation or razing and removal of the structures at 642 CHARLES AVENUE within fifteen (15) days after the February 14, 2018, City Council public hearing. (Amend to remove within 15 days with no option for rehabilitation) Sponsors: Thao Attachments: 642 Charles Ave.OTA 10-30-17 642 Charles Ave.Photos.10-26-17 642 Charles Ave.PH 12-15-17 642 Charles Ave.SHPO Form 11-8-17 642 Charles Ave.Photos 9-12-12 642 Charles Ave.Zhou Ltr.1-19-18.doc 642 Charles Ave.Zhou Ltr.2-2-18.doc 642 Charles Ave.CCI Report.2-1-18.pdf 642 Charles Ave.Zhou Ltr.2-13-18.doc 642 Charles Ave.Unacceptable Performance Bond.1-29-18.pdf 642 Charles Ave.chain emails.2-14-18.pdf 642 Charles Ave.Reid Soley email.2-14-18.pdf 642 Charles Ave.Zhou R-R Ltr.2-15-18.doc City of Saint Paul Page 8 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 31 RLH SAO Making finding on the appealed nuisance abatement ordered for 25 17-65 ELIZABETH STREET EAST in Council File RLH SAO 17-56. (Public hearing continued to April 11, 2018) 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 25 Elizabeth St E.Gutierrez Ltr.12-11-17.doc 25 Elizabeth St E.Photos.2-5-18 25 Elizabeth St E.Retaining Wall Photos Update.2-13-18.pdf 25 Elizabeth St E.Gutierrez Ltr.2-16-18.doc 32 RLH FCO Appeal of Minnesota Place, LLC to a Correction Notice - Complaint 18-14 Inspection at 46 FOURTH STREET EAST. Sponsors: Noecker Attachments: 46 E. Fourth St.appeal.01-26-18 46 Fourth St E.Schugel-Retterath Ltr.2-2-18.doc 33 RLH FCO Appeal of Mieczyslaw Glowka to a Fire Inspection Correction Notice at 18-11 2314 HILLSIDE AVENUE. Sponsors: Stark Attachments: 2314 Hillside Ave.appeal.01-18-18 2314 Hillside Ave.photos.01-11-18 2314 Hillside Ave.Glowka Ltr.1-25-18.doc City of Saint Paul Page 9 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 34 RLH SAO Appeal of Liberty Tax to a Summary Abatement Order at 472 LEXINGTON 18-8 PARKWAY NORTH. Sponsors: Thao Attachments: 472 Lexington Parkway N.appeal.01-22-18 472 Lexington Parkway N.photo.01-12-18 472 Lexington Parkway N.Photos.01-24-18.pdf 472 Lexington Pkwy N.Martin-Skarda Sign Email.1-29-18 472 Lexington Pkwy N.Aerial Map.2-6-18.pdf 472 Lexington Pkwy N.Hansen Ltr.2-8-18.doc 472 Lexington Pkwy N.Moermond Email.2-12-18 35 RLH RR 18-3 Ordering the rehabilitation or razing and removal of the structures at 735 MARGARET STREET within fifteen (15) days after the February 14, 2018, City Council public hearing. (Public hearing to be continued to April 4) Sponsors: Prince Attachments: 735 Margaret St.Photos.11-1-17 735 Margaret St.OTA 11-7-17 735 Margaret St.PH 12-15-17 735 Margaret St.SHPO Form 12-21-17 735 Margaret St.Photos.4-26-10 735 Margaret St.Kujala-Scharf Ltr.1-19-18.doc 735 Margaret St.Kujala-Scharf Ltr.2-16-18.doc 36 RLH FCO Appeal of Brian L. Kraut to a Re-Inspection Fire Certificate of Occupancy 18-7 with Deficiencies at 749 MARYLAND AVENUE EAST. Sponsors: Bostrom Attachments: 749 Maryland Ave E.appeal.01-10-18 749 Maryland Ave E.photos.11-09-17 749 Maryland Ave E.photos.10-23-17 749 Maryland Ave E.photos.09-22-17 749 Maryland Ave E.Amended Complaint.pdf 749 Maryland Ave E.Notice of Lis Pendens.pdf 749 Maryland Ave E.Property Report.pdf 749 Maryland Ave E.Property Tax Info.pdf 749 Maryland Ave E.Kraut Ltr.2-2-18.doc City of Saint Paul Page 10 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 37 RLH FCO Appeal of Michael Johnson to a Correction Notice-Reinspection Complaint 18-6 at 958 MARYLAND AVENUE EAST. Sponsors: Bostrom Attachments: 958 Maryland Ave E.appeal.1-5-18 958 Maryland Ave E.Fire Photos.1-10-18.pdf 958 Maryland Ave E.Johnson Ltr.1-19-18.doc 38 RLH RR Making finding on the appealed nuisance abatement ordered for 544 17-48 MINNEHAHA AVENUE WEST in Council File RLH RR 17-12. (Public hearing continued from February 14) Sponsors: Thao Attachments: 544 Minnehaha Ave W.Making Finding Notice of Hrg.12-11-17.doc 544 Minnehaha Ave W.Making Finding Revised Notice of Hrg.12-11-17.doc 544 Minnehaha Ave W.Making Finding Revised Notice of Hrg.12-11-17.Resent.doc 544 Minnehaha Ave W.30-Day Perf Dep Forfeit Notice.11-29-17 544 Minnehaha Ave W.Making Finding Ltr.1-4-18.doc 544 Minnehaha Ave W.R-R Making Finding Ltr.1-12-18.doc 544 Minnehaha Ave W.RR Findings Ltr.1-19-18.doc 544 Minnehaha Ave W.Standard Contractors-Subcontractor Agrmt.pdf 544 Minnehaha Ave W.application and certificate for payment.pdf 544 Minnehaha Ave W.RR Findings Ltr.2-2-18 544 Minnehaha Ave E.Dornfeld-Seeger Email.2-12-18 544 Minnehaha Ave W.RR Findings Ltr.2-14-18.doc 39 RLH FCO Amending Council File RLH VO 17-8, adopted June 21, 2017, to grant 18-16 Gary D Schultz an additional extension for property at 1818 NEVADA AVENUE EAST. Sponsors: Bostrom Attachments: 1818 Nevada Ave E.Schultz Ltr.1-19-18.doc 1818 Nevada Ave E.Minutes.1-16-18.pdf 40 RLH CO Appeal of Jeff Groves to a Correction Notice at 873 SCHEFFER 18-4 AVENUE. Sponsors: Noecker Attachments: 873 Scheffer Avenue.appeal.01-16-18 873 Scheffer Ave.photos.01-03-18 873 Scheffer Ave.Correction Notice.1-3-18 873 Scheffer Ave.Groves Ltr.2-2-18.doc City of Saint Paul Page 11 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 41 RLH SAO Appeal of Kendra Logan to a Summary Abatement Order at 1082 18-9 SHERBURNE AVENUE. Sponsors: Thao Attachments: 1082 Sherburne Avenue.appeal.1-25-18 1082 Sherburne Ave.Logan Ltr.2-2-18 42 RLH VBR Appeal of Calvin Mickel to a Vacant Building Registration Notice at 316 17-77 SUPERIOR STREET. (Public hearing continued from December 6, 2017) 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.11-8-17 316 Superior St.Mickel Ltr.1-29-18.doc 316 Superior St.Mickel Ltr.2-16-18.doc City of Saint Paul Page 12 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 43 RLH RR 18-2 Ordering the rehabilitation or razing and removal of the structures at 1536 VAN BUREN AVENUE within fifteen (15) days after the February 14, 2018, City Council public hearing. (Amend to remove within 15 days with no option for rehabilitation) Sponsors: Stark Attachments: 1536 Van Buren Ave.OTA 10-25-17 1536 Van Buren Ave.PH 12-15-17 1536 Van Buren Ave.SHPO 11-2-17 1536 Van Buren Ave.Photos.10-19-17 1536 Van Buren. Ave.Condemnation Ltr.8-9-16 1536 Van Buren Ave.Photos.8-9-16 1536 Van Buren Ave.Sorden Design LLC Proposal.1-26-18.pdf 1536 Van Buren Ave.Henneman-Bjerkness Ltr.1-19-18.doc 1536 Van Buren Ave.Henneman-Bjerkness Ltr.2-2-18.doc 1536 Van Buren Ave.Henneman-Bjerkness Ltr.2-13-18.doc 1536 Van Buren.Assistance for Homeowners Email.2-14-18 1536 Van Buren Ave.Neighborhood Assistance for Homeowners Ltr.2-14-18.pdf 1536 Van Buren Ave.Neighborhood Assistance For HomeOwners_Secretary of State _Article of 1536 Van Buren Ave.NeighborhoodAssistanceForHomeowners NonProfit Ammeded ByLaw.pdf 1536 Van Buren Ave.Assistance Homeowner Ltr.2-15-18.doc 1536 Van Buren Ave.Neighborhood Assistance For Homeowners Feb 20 2018 Response Letter. 1536 Van Buren Ave.Performance Bond Escrow Confirmation.2-20-18.pdf 1536 Van Buren Ave.Proof of Funds HomeLibertyInc Pre Comitment letter.2-20-18.pdf 44 RLH VO Appeal of Gina Yanez and Louis Yanez to a Revocation of Fire Certificate 17-60 of Occupancy and Order to Vacate at 740 WASECA STREET. (Public hearing continued from February 14) Sponsors: Noecker Attachments: 740 Waseca St.appeal.11-28-17 740 Waseca St.photos 11-3-17 740 Waseca St.Yanez Ltr.12-8-17.doc 740 Waseca St.Yanez Ltr.12-21-17.doc 740 Waseca St.Yanez Ltr.2-8-18.doc 740 Waseca St.Yanez Ltr.2-16-18.doc ADJOURNMENT City of Saint Paul Page 13 Printed on 2/22/2018 City Council Meeting Agenda February 14, 2018 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. 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 14 Printed on 2/22/2018